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1968
277 USELECTMEN'S MEETING January 3, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednesday evening, January 3, 1968, at 7:30 P.M. Chairman Cole, Messrs Burnell, Cataldo, Mabee, Kenney, were present. Mr. Gray, Executive Assistant and Acting Superintendent of Public Works and Mrs. McCurdy, Executive Clerk; were also present. Mr. Storer met with the Board to discuss the petition for an article in Warrant for land acquisition in back of Peacock Farm. The Chairman said that the Planning Board is present, as the matter concerns them. Mr. Storer stated that he had difficulty in finding the present map and asked if Mr. Legro could provide a better description of the land He showed the map and pointed out Parcels 1 and 2 involved in the article . The Chairman stated that taking Parcel A. fractions of four lots, the remaining fractions are utterly useless. He further stated, does it make sense to ask Town Meeting to leave 60' in depth in private ownership? Mr. Storer said that the builder could combine two for one useful lot. The top lot extends from Pleasant Street and two lots in the middle could be combined into one useful lot. Mr. Worrell said there was a possibility of building Peacock a street. Farm The Chairman said the Citizens Article presented to the Board. If the Board saw it had merit and ex- pended their option money to get opinions of value or app praisal, are we not opening the door for all kinds of citizen' s articles . May not be desirable. Mr. Storer said that the Town is better qualified to have own appraisal. Mr. Mabee asked if we obtain appraisals are we placing a stamp of approval on it? Mr. Storer said the Board must make that decision, that is why we elected you. Mr. Kenney asked what are the general purposes? The Chairman said , cannot ask questions on article . Only question would be what would be the purpose, obviously you have a purpose in mind . Mr. Storer said that good planning is that you buy key chunks of land when they are relatively cheap. Mr. Cataldo made very effective case buying section of land - 278 Y w V,. Worthen Road, and the argument for buying this land is the same. This is what planning is for and this is good planning. Basically the same arguments are present here. Sewer easement first studied in 1932 as alternate to widen Pleasant Street, concept was traffic would flow to Mass . Ave. The Chairman asked if concept is valid now. Mr. Storer said he was just giving information. 1950-51 referred to as connector road . To widen Pleasant Street is an expensive problem - Pleasant and Mass. Ave. - talks of re-doing the traffic circle . No one has come up with solution because of Fern Street - take about $500,000. Emerson Road came in existence. It was proposed 20' one-way street, opposed to 70t Town road . Town invested $250,00.0 for sewer casement , bought red house, tore it down, 1963 Planning Board interested in cost of Emerson Road 70' wide; was $93,000 from Mass. Ave. to Peacock Farm. In 1965, Planning Board demolished Emerson Road . Connector will not be part of Emerson Road . 1966 Planning Board issued statement , demolish connector. Come to this article, there is a question how we are going to get traffic by circle without adding pressure on Mass . Ave Mr. Storer said he proposes 20' road like an off ramp, off Route 2, under Peacock Farm Road. This possi- bly would not bring any more traffic into Lexington; takes no houses. State might build sizeable part. Planning Board bought pedestrian easement. Town has brook easement, back of lots, homes . No access to West ' s Farm, provide a way to get there, direct access . Good conservation arguments. Last time Town has option to buy. This is last Town Meeting we will have before four houses are built . The Chairman said at the present would like to hear from the Planning Board. Mr. Greeley asked, is he asking his proposal in order. Chairman said, don 't think this Board can answer. Obligation is to prepare a warrant, such citizen' s articles to be inserted. Onus is not on the Board to present this. This Board would have to make decision whether to go by eminent domain. Have to have some sort of preparation, opinions of value. Would Board act advisedly using funds for purpose such as this. Mr. Greeley asked if the article is to be presented . The Town Meeting wants some information of estimates of costs . Be given relevant facts they are asked to vote on . The Chairman said that Citizen' s Article is not the responsibility of the Board of Selectmen. Mr. Greeley stated that Planning Board has not dis- cussed this . Major issue is on merit of it by information. Mr. Cataldo said, basically, Board should tell 279 Mr Storer if signatures are valid , whether this Board will vote to insert in Warrant. If we support or oppose it is another story. Should carry forward as Citizen' s Article . Mr. Storer said if the Town Selectmen found some merit in the article they should get an appraisal. The Chairman said he could see his point . Mr. Storer stated there is no great amount of money involved for the article, about $12,000. Mr. Greeley said the Planning Board would like to study this before giving a recommendation. Dr. Jick said these petitioners have by-passed the Planning Board and felt the Planning Board should do the planning. He also said, I would like to oppose the Article. Mr. Greeley said he disagreed and was very happy to have citizens submit ideas. The Chairman said, resolved, this Article will go in Warrant. The Planning Board and Board of Selectmen will discuss this. No future action until after consultation The Planning Board met with the Board to discuss Worthen Road between Marrett and Pleasant should be put in deep freeze. The Town Cannot wisely make decision on how to lay out Worthen Road until it has some professional studies done . Worthen Road should be analyzed at Pleasant, Watertown and Waltham Streets and other parts of traffic situation. We would be reluctant to take action in support or against until this is done. Mr. Cataldo said he agreed with him and asked if the recommendation was for money to make this study at this Town Meeting. Mr. Greeley said Bedford Street is now being done . We think this is the next traffic study after Bedford Street. The Planning Board feels the need of Engineering Studies for Worthen Road . Whether this means money in this Town Meeting, we are not prepared to say. Mr. Cataldo said that the Warrant closes this week, should decide tonight . The Chairman asked how comprehensive a study, en- compass 1/3 or 1/4 of Town. Mr. Greeley said in order to make intelligent de- cision, we should have more concrete information on Marrett Road to Pleasant Street . What would be the effect on Waltham Street if we didn' t put this section of Worthen Road through We don ' t think the State figures are in sufficient detail to rely on. Mr. Cataldo said if we decided to wait, what would Planning Board ' s approach be? Would we be making a mistake? On subdivision submitted from that 'area? LD() I4 Mr. Greeley said that the Planning Board would try to handle it . Mr. Mabee said to handle with normal subdivision approval Mr. Greeley said , if a proposal to do something with Montessori School came in, they would be concerned. Have to watch that situation. The Chairman said it is the opinion of the Planning Board that Worthen Road be discussed at some time in the future. Mr. Greeley said the Planning Board agrees that the request of the Lexington Golf Club for eleven acres of land be granted The land is to be restricted to assure against residental use. Mr Greeley said that 24-26 Muzzey Street, option to buy backland Muzzey Mr Gray said survey underway; there would be an Street exact description, not yet available Lexington Mrs. Riffin asked if there were articles dealing with Center Center Beautification The Chairman replied the Board had not discussed Articles Mr Greeley mentioned Bedford Street between Hartwell and Route 128 - series of zoning amendments which are unconventional, cut zoning into variety of zones , varied use of land , don ' t think Town wants strip of motels . Town may want to purchase parcel of land located at Hartwell Ave. and Bedford St at the Cemetery owned by C. C. & F. Bedford This will permit offices , Ford dealership, Gulf station Street and Tradesman Park area. Think something should be made available to Town at relatively small purchase price. The Planning Board is very interested in widening of Bedford Street. Mr. Greeley mentioned sidewalks - do not expect to come in with specific proposal for long range program this year. There are large number of sections where sidewalks are needed . We recommend $30,000 expenditure for ten years. The Chairman asked if Capital Expenditures had been notified Mr Greeley replied that they had talked statement of policy Mr. Cataldo asked if it were an additional $30,000 to what was not being spent Mr. Greeley said that they had not gone far enough to know which ones How much additional, he could not say. Mr. Mabee asked if the Planning Board would be content if Town spent $30,000 and Mr Greeley replied in the negative. Mr Mabee said thawoulbe eenditures of $70,000. r gree ey said itwas less; they should take 281 the step this year The Chairman asked if this were true, wouldn' t it be true in case of sewer Doing the things that have to be done , keeping up With the needs of the Town. Mr Greeley replied the proposal to spend $30,000 - if we take some kind of perspective of their needs Chairman asked to extend it to sewers Mr. Greeley said that the Planning Board supports this . Mr. Greeley brought up another item - Lincoln Street. The question that was referred to the Planning Board , Lincoln 4Mn Snow Study Plan , should it be accepted as governing? Street The Chairman said it should be followed, except for a good , logical reason. Mr. Greeley said his answer was that it should be accepted as Controlling Plan; didn' t know whether there are appropriate reasons khy they should be changed . Mr. Cataldo said the Board had signed plan. Should we take Center Playground layout and evaluate it to see if we can save $100,000 or $200,000. Mrs. Riffin asked about proposed Jr. High at this location. Mr Cataldo said the enclosed field would be moved to Lincoln Street Should we leave enclosed field where it is. Are we going to evaluate whole area? The Committee would like strictly the whole area and come back with layouts after we see what the School Committee and Recreation Committee wants The Chairman said at this particular point, should there be an Article in Warrant? Mr. Cataldo said the Planning Board mentioned before if there is some money spent they would rather spend it on acquisition rather than development Mr Zaleski said there should be some money. Mentioned parking lot drainage. Mr. Cataldo said the Board has no need for this area. The need is the School and Recreation Dept If we are just going for design - money, I would like to include money to seed it down. Whatever is done would be the beginning of a plan, 6" or 8" of gravel and seed it down with some hay seed. I was not saying loam and seed Mr Cole asked how much money was to be asked for, $20,000 or $25,000? The Chairman said the less money asked for, the better; the Board had talked $100,000 a year for 3 years. Mr. Ctaldo said that basically, the School Committee was desperate for area; should take that into consideration. 282 w_ Mr Fowler asked if there was enough money for detailed engineering plans . I think we ought to go ahead, come up with three designs and present them to Town Meeting. Mr. Cataldo said a Committee had been formed including Planning Board, Recreation and School Committee. Will come up with functions and uses Mr. McSweeney, Mr Gray, Mr. Zaleski and the Board came up with parking and drainage We will compile all these facts and have a consultant lay the area out . The Chairman asked how much money would be needed for the design. Mr. Cataldo replied the School Dept. has made $1,000. available. Mr. Mabee said only have design money at this Town meeting. Can ' t see spending money on oonstruction. Mr. Cataldo said if we are going to design this area this year we should start implementation this year. Mr Fowler: What function would consultant perform? Mr. Cataldo said what field is going where. Mr. Cataldo said the Board should decide to start development project in March. If not, there is no great hurry to design it The Chairman said an Article should be put in for "x" number of dollars, none of which commits it to any final design and asked how much money for Lincoln Street this year. An amount could not be agreed upon. Mr Worrell said they might endanger the request for land acquisition; could not ask for too much development money The Chairman asked where the line should be drawn on land acquisition and development. Mr Worrell said they may not have much freedom on land acquisition. Mr. Cataldo reminded the Planning Board of letter of criticism from them for not developing Lincoln St . two years ago. Mr. Cataldo asked if the Boards agreed an Article should be put in on Lexington Center. Mr. Greeley said zoning change. Mr. Gray said finally got cost figures together on Lexington Center beautification. Funds available from last year. Mentioned continuing to Edison Way. Lexington Will have figures very shortly to extend the rest of Center the way. Have Article if Board approves . Mr. Kenney said there should be an article for Center Parking behind Depositors' Trust Mr. Cataldo said Construction Article Mr. Kenney said design for whole area construction or part of it 283 Mr. Cataldo asked about Worthen Road study. Mr. Greeley said to ask for money that an overall study be done. Mr. Cataldo said he thought the only way we are going to come up with intelligent decision . Mr Gray said that Mr McSweeney could come up with cost figures for study and asked if they were sure of environs of study. Mr. Zaleski mentioned Planning Board study on areas, the more we can include in this Include Burlington Shopping Center , traffic problem The Planning Board retired Mr. Legro came into the meeting. Mr. Scanlon, Mr Williams and Mr. Melbye of the Housidg Authority met with Board . Mr. Scanlon said the problem is with electric utilities , whether to go over- head or underground . Preliminary figures estimate $22,000. to put below ground. Project costs are running considerably higher However, Boston Edison Company has several different companies as to commitments. The in- formation is that Municipal Light Department has different policy. Asking Board for total costs from what they re- ceived from Engineer to go underground in project. If overhead, install 10 or 12 poles around project; cost per pole size of lights $34 20 to $54.00. Below ground, would drop wire in ditch that Housing had provided , digging trench and back filling at Housing cost . The cost estimate $107 00 to $130.00 per light. In opened ditch would drop in major conduit, location of pads for transformers Have to dig two ditches, $1200. cost , to open and back fill atter line is put in around . Electric Co. will erect poles Would be connected to Town lighting system. The question is whether the Town will pay or Housing Authority The Chairman asked who owns the property Mr. Scanlon replied it was owned by Housing. Would do it as overall project Set by legislation for 40 years . Mr Cataldo asked how much money was involved ; 12 units underground, $130 over $107. multiplied by 12, $1560.00. The Chairman asked if Housing had decided on lumens . Mr. Gray said the Town has been putting in 7,000, now 11,000, downtown 35,000 Mr. Scanlon said 7,000 Mr. Gray suggested 11,000. Mr. Scanlon said it would be $600 or $700. or $1560. Mr Cataldo asked, if Town said no. Mr. Scannell said figured roughly $2500. cost for ditches, to lay conduits will cost $10,000. , and initial cost to go underground Asked if Town would pay $1560 or $650. 84 c' The Chairman asked the Board if an answer could be given in the affirmative. Mr. Kenney asked if it were customary for towns to pay for lighting. Mr. Scanlon replied that some do, same don ' t. Mr. Legro said there are provisions in statutes for appropriation in towns for Housing. The Chairman asked in what circumstances do we have Overhead that right. Almost like individual land owner, even or under- though Town' s future interest not be subdivision control. ground Ultimate objective to take over . lighting Mr Mabee said take over in a year or two. Mr Scanlon said that streets are built to Town specifications. Mr. Gray said if Town did accept, would be public ways . Mr. Legro said, authority to light public ways, these streets are not constructed yet . Mr. Gray said Housing would not need Town Meeting to approve, if included in our light budget Mr. Burnell asked if these streets are built to Town' s specifications. Mr. Scanlon replied it was the same layout as Shirley Mr Kenney asked what advantage to Town picking up tab. Mr Scanlon said Housing must be careful. These are authorized over 40 yrs For every $1 00 we spend , we must add on to rental of apartment unit Rentals are $60 .00 per month. Mr. Williams said that exact kind of budget money is not something they would elect to determine until all costs were in. No answer at this time. The Chairman asked as to cost of lighting, which do they want Town to pay, $600. or $1500. and how soon would they want to know Mr. Williams said that basically, irrespective of ownership, whether or not it is deserving of underground services. If the street lighting is determined, could be absorbed by Town. Actually, Board has not taken this into recognizance. The Chairman said the Board must determine if it can be done. Would put in lighting budget and asked if Housing Authority wanted underground or not . Mr Burnell said he would like to encourage underground. Mr. Cataldo how much underground. And Mr Scanlon replied, everything. The Chairman said that annual costs for lighting streets in Article 4. Could just add that in. If assume costs to light, will Town still provide if still underground . Mr. Legro said that he did not see any problem if there is any authority to appropriate money. Mr. Cataldo said that on subdivision that comesin, lights installed Mr Legro said he would like to be sure Towr is picking 285 up the tab for furnishing street lights in Housing Authority area which may be entirely different thing from any sub- division which may become part of Town. Would like to check reliance. Mr. Mabee asked if subdivision are feet of street acquired or easement. Mr Legro replied it was an easement Mr. Cataldo said on Emerson Road . . Mr. Legro said that he didn't know of any provision that subdivider continues to pay, not familiar with it . Becomes part of our cost for lighting the Town Mr. Gray said there was petition for lights on Worthen Road . The Chairman said the Board is willing to pick up tab for $15604 Budget Article 4; insist they be underground , provided Town Counsel tells us we can do so. Mr Legro said the distinction is not between Housing Development and private development; depend on authority given by statute Mr Kenney asked if Town plows unaccepted streets . Mr. McSweeney said for future acceptance of streets , want boundaries changed; Town to take over assessments . Mr. Legro said until LSO years expire, presume Town will have to accept it. Wilzig 40 year period, the .Hou§ing Authority will continue to own land. All Town would take is easement. Mr Cataldo asked when the units would be ready to rent and Mr. Scanlon replied he hoped in May, but might be August The Housing Authority retired Mr Legro requested the Board to rescind and adopt a new Order of Taking on a parcel of land in Peacock Farm on September 25, 1967. Peacock Upon motion duly made and seconded, it was voted to Farm rescind Order of Taking on Lot 16 on Land Court Plan 27502B in Peacock Farm, Section 6 subdivision. Upon motion duly made and seconded, it was voted to adopt the Order of Taking on Lot 16 on Land Court Plan 27502B in Peacock Farm, Section 6 subdivision. Mr. Gray requested authorization, under Article 17, to proceed with design of Bedford Street sewer Mr Mabeeasked about the timing and Mr Gray re- plied, it would be in the spring Mr. Kenney asked if it could be included in the Bedford regular sewer budget Street Mr. Gray replied that money would not be available Sewer until April first. The Chairman said that this Article is specifically designed Mr Gray said there would be problems. Mr. Cataldo said Town should use $250,000 on existing areasAr Kenney said to go back and ask for more 286 a 4-11 The Chairman asked how much, $61,000 or $65,000. ' Mr. Mabee said, actual expenditure. Mr. Gray said , we will give report Decision of Board whether to replenish Mr. Legro asked if any proposed subdivision sewer within limits of B & M right-of-way. He added , per- mission from B & M provided he indemnified them against almost anything. No point in coming to Board . Upon motion duly made and seconded, it was voted to grant authorization to proceed with design of Bedford Street sewer. Mr. Gray read a letter from Mrs. Morey requesting a deferment for three years on water and sewer betterments Abatements amounting to $861.33 for sewer and $187.50 for water . Upon motion duly made and seconded, it was voted to grant deferment to Mrs . Morey for a three year period , sewer betterment of $861.33 and water, $187.50 Mr. Gray read a letter from Mr. Seymour Schwatz, requesting an abatement on sewer assessment on his property at 5 Brown Road . Upon motion duly made and seconded, it was voted an abatement of $218.60 be granted to Mr. Seymour Schwatz Mr Gray read a letter from Mr Henry Delfiner, request- ing an abatement on sewer assessment on his property at 8 Brown Road. Upon motion duly made and seconded , it was voted an abatement of $431.$9 be granted to Mr Henry Delfiner Mr Gray mentioned the Traffic Survey on Hartwell Traffic Avenue . He had talked with the Consultant and will Survey discuss with the Board on Monday evening, January 8, 1968. Hartwell The Board agreed to hold over one week. Mr Gray said that Mr. Perry, Comptroller, had asked Article for Warrant Article to be inserted to update our by-laws . Upon motion duly made and seconded, it was voted to insert the Article Mr. Gray requested that the Board amend the Taxi Regulations. He proposed deletion in Licenses for Drivers, paragraph a. "Such applicant shall be re- Taxi quired to show he is 21 years of age, or over, a Regulations citizen, a resident of the Town of Lexington," and substitute, "Such applicant shall be required to show—t-667 he is 21 years of age or over, and at least 18 years of age with an approved Driver Education Certificate." Upon motion duly made and seconded, it was voted to amend the Taxi Regulations . 287 Mr Grayreferred to Oakmont a new cement lined pipe to Circle; be laid Mr Cataldo said they wanted $10.00 a foot to buy and lay pipe on unaccepted street; it could be bought Oakmont for $2.20 a foot Circle After discussion, upon motion duly made and seconded, it was voted to insert item in budget . Mr. Gray presented a request from Board of Health for $13 02 to be transferred from the Reserve Fund Upon motion duly made and seconded , it was voted to request the Appropriations Committee to transfer $13 02 from the Reserve Fund to the Health-Engineering Account Mr Gray presented a request from the Structure of Town Government Committee for $2400 00 to be transferred from the Reserve fund. Upon motion duly made and seconded , it was voted to request the Appropriation Committee to transfer the amount of $2400 00 from the Reserve Fund to the Structure of Town Government Committee, Article 49 Mr Gray presented a request for $850 00 to be transferred from the Reserve Fund for Nesbeda Land taking on sewer easement. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer $850.00 from the Reserve Fund for the Nesbeda land . Mr. Gray presented a request for $9,100 to be transferred from the Reserve Fund for overtime for snow removal. Public Works Personal Services Account. Transfers Upon motion duly made and seconded , it was voted to request the Appropriations Committee to transfer $9100 00 to Public Works Personal Services Account for overtime snow removal Mr. Gray presented a request from the Police and Fire Board for $1500.00 to be transferred to the Police and Fire Medical Account . Upon motion duly made and seconded, it was voted to request the Appropriations Committee to transfer $1500 00 to the Police and Fire Medical Account . Mr Gray presented a request to transfer $12,250 00 from the Reserve Fund l'or snow removal . Upon motion duly made and seconded, it was voted to request the Appropriations Committee to transfer $12,250 to the Snow Removal Account . Upon motion duly made and seconded , it was voted to a rove the followin C on Victualler licenses, Il ll Common ahaving been approved by the Board of Health: Victualler Anthony' s Restaurant, 27 Waltham Street ; Bakeri, Inc. 315 Marrett Road ; Muffin House of Lexington, 1710 Mass. Avenue Upon motion duly made and seconded, it was voted to approve First Class Motor Vehicle Agency licenses for: Lexington Auto Sales 409 Mass . Ave. Agent' s Rowe Chevrolet 39 Bedford St License Colonial Garage 1668 Mass Ave. Auto Engineering, Inc. 436 Marrett Rd. Lawless-Matuhinne`y Motors , Inc. 581 Marrett Rd . Upon motion duly made and seconded, it was voted ID cards to sign I D. cards for : Nancy D. Collins , 35 Smith Ave. , and Paul C. Hunt, 60 Bloomfield Street Upon motion duly made and seconded, it was voted to sign Sewer Orders for: Hillcrest & Rawson Avenue Sewer Laconia Street Order Philip Road Upon motion duly made and seconded , it was voted to approve Minutes the minutes of the Selectmen' s Meeting held on December 26, 1968 Mr Mabee said the Tennis Club would like an answer to letter requesting a check valve. He felt they should have the check valve installed . Tennis The Chairman said to follow policy and refer to Club Town Counsel To forward all information to him. Mr Legro said that all he knew was that sewer had overflowed Liability for Town would be negligent maintenace of sewer, not negligence per se for sewer to overflow. The Chairman said to get pertinent information to Mr Legro Mr Legro told the Board that he would find out the cost of check valve The Chairman read a letter from Colonial Cable-TV and asked that an appointment be made for a hearing with the Board . Cummings Upon motion duly made and seconded, it was voted to Property grant a 30 day extension on Cummings property to February 5th. 289 Mr. Gray told the Board that Mr Leslie York had forwarded a letter received from the Commonwealth of Massachusetts recommending an Article to authorize Article formation of a financing authority Upon motion duly made and seconded, it was voted to insert the Article in the Warrant Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the finan- cial interest of the Town or the reputation of any person. Following discussion with Town Counsel, it was voted to adjourn at 11:40 P.M. A true record, Attest: Executive Clerk, Select en The next regular meeting of the Board will be held in the Selectmen' s Room, Town Office Building on Monday, January 8, 1968, at 7:30 P.M. �} nrei , 1 ` I r 290 CO SELECTMEN'S MEETING January 8, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, January 8, 1968, at 7:30 P.M. Chairman Cole , Messrs Burnell, Cataldo, Mabee and Kenney were present Mr. Gray, Executive Assistant and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy were also present. Mr. Gray said that he had received a request from Richard Soule , on behalf of the Boy Scouts, asking Flags permission to borrow the flags of all States that the Town owns and uses around the green, for a Boy Scout ceremony to be held in Bedford The Chairman said that Paul Mazerall has charge of the flags and asked for a decision of the Board Upon motion duly made and seconded, it was voted to grant permission to the Boy Scouts to use the flags . Mr Gray presented a request that $1662.27 be transferred from the Reserve Fund to Municipal Insur- ance Account. Upon motion duly made and seconded, it was voted to request the Appropriations Committee transfer the sum of $1662 27 to the Municipal Insurance Account No. 1750 Mr. Gray read a letter from Planning Board regard- ing tax title land on Balfour Street The Planning Tax Title Board recommends against sale of land for the purpose Land of resubdivision and the creation of an additional sub- standard building lot the Chairman asked for a decision and Mr. Kenney said he would move to deny. The Chairman said the Board would accept the recommendation of the Planning Board and deny in present form. Mr. Gray said he had a letter from the Conserva- Articles tion Commission for two Articles to be inserted in Warrant. Asked Chairman to hold . e 29.E The Chairman read letter from Miss McDonough, Town Clerk, requesting the Board vote to eliminate Voter the precinct registrations prior to the Annual Town Registra- Election as only 2L voters registered in 1967 . tion Upon motion duly made and seconded, it was voted to eliminate the precinct registrations prior to the Annual Town Election. Upon motion duly made and seconded, it was voted Abate- to sign Ambulance Abatements ments The Chairman read letter from Commonwealth, Department of Public Utilities , stating public hear- ing would be held on January 23, 1968 regarding Dept. of propriety of rates and charges for high-tension Public wires by Boston Edison Company. Utility The Chairman asked Mr Gray to attend the hearing. Upon motion duly made and seconded, it was voted to sign Identification Card for Domenic Traino, Old Shade I.D. Card Street . Mr. Zehner and Mr Peckham met with the Board to discuss the material that had been prepared for the Town Report Mr. Zehner said that Mr Peckham was the author of the statement and they would like to have the Board ' s reactions . Mr Kenney referred to Worthen Road and thought the alternatives mentioned in the last paragraph on page 6 might be omitted to advantage and reference could be Town made to progress on Hartwell Avenue and the need for Report continued study. Mr. Cataldo said he felt the form and message are fine but it could be shorter report and more emphasis might be placed on traffic as the critical , immediate problem. Mr. Mabee agreed it could be shorter; could subscribe to everything there The Chairman said that it showed points of view, but the statement has to be one that all five members subscribe to. Mr. Mabee inquired why Mr. Carroll' s name was omitted when reference was made to retiring employees . Mr. Peckham explained that since this was a report relating specifically to the Selectmen ' s office, and since Miss Murray has been life-time employee in the 292 Selectmen' s Office, reference in the Selectmen' s Report properly should refer to her, but reference to Mr. Carroll' s long service should appear in the Public Works Department Report Mr. Zehner said they have been making slow progress as the reports have not been coming in as they had ex- pected. Mr. Parsons, Lexington artist, is doing the cover, a two color affair; almost completed After re- ceiving photographs of Selectmen, will have sketches drawn from them Mr. Zehner and Mr. Peckham retired . Mr. Perkins, Mr Benoit, Mr. Lewellen and Mr. Burdick of the Bedford Board of Selectmen met with the Board Bedford The Chairman welcomed the Bedford Board. Sewer Mr. Lewellen said that we have discussed our mutual problems, particularly our own phase of it We had not talked to you The Chairman said that both Counsels were working together Mr Lewellen said that they were anxious to convey their sincere desire to do several different things. One is amendment to existing agreement ; larger force main from Bedford Street which their Engineers believe will avoid problems we had last spring. This is one thing we check. Both Towns have authority to accom- plish now and give assurance Bedford would pay their part of it . Other things concern legislation to en- able us to get to next phase where Bedford goes up to the new line. We have to wait until this has been ac- complished We had our Counsel prepare suggested agree- ment . You prepare contract, submit it to us and we sign it We have prepared this as amendment to agreement . The Chairman said the two Boards are in complete agreement ; would be formal signing Mr Perkins said that this is suggested agreement to get started to pin down Our Town Meeting has voted funds to pay The Chairman asked if this is agreed to , is your Town free to take necessary action to implement? Mr. Benoit replied in the affirmative. Mr. Gray said he had talked to Mr. Legro and Mr. Donovan. Mr. Legro will get copy tomorrow Time to go out to bid . The Chairman said there was one piece of legisla- tion necessary. Mr. Gray said that Bedford needed authorization to do work in Lexington. If necessary, should be submitted together. 293 The Chairman said he hoped Town Counsels will be in agreement. The Bedford Board retired . Mr. Gray mentioned the lack of parking spaces in the rear of the building for Town Office employees . Town Office He reported that he had talked with the P.O. Supervisor Parking and Taxi Companies and to request their employees not to park there in the morning. Mr . Gray suggested restricting the area to employees in the Town Office Building Mr. Mabee suggested stickers and Mr. Kenney, putting up signs . Mr. Cataldo said it would have to be a Traffic Ordinance. It was agreed the matter be referred to the Traffic Committee. Mr. Gray requested that Mr John McSweeney, Town Engineer, be added to the Traffic Committee. Upon motion duly made and seconded, it was voted to appoint Mr. John McSweeney a member of the Traffic Committee. Mrs . Battin and Mr. Adams discussed the Structure of Town Government Articles to be inserted in the Warrant. After much discussion, during which the Chairman Warrant thought the November election would be the proper time to put on the ballot , and Mrs Battin and Mr. Adams stressed March, nothing was resolved . Upon motion duly made and seconded , it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on January 3, 1968 . Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if Executive made public , might adversely affect the public security,Session the financial interest of the Town or the reputation of any person. Following discussion regarding finances and the p/'' reputation of persons , it was voted to adjourn at /�/L 11:05 P .M. A true record , Attest : Executive Clerk, Sel en will next regular meeting of the Board w1 1 be held in the Selectmen ' s Room, Town Office Building, on Monday evening , January 15, 1968, at 7:30 P.M . 294 SELECTMEN'S MEETING January 15, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday evening, January 15, 1968, at 7:30 P.M. Chairman Cole , Messrs Burnell, Cataldo, Mabee and Kenney were present Mr Gray, Executive Assistant and Acting Superintendent of Public Works , Mr. Wenham, Assistant Superintendent of Public Works, and Mrs McCurdy were also present At the request of the Town Clerk, two jurors were drawn Those drawn for jury duty are Philip L Jurors Levins, 25 Munroe Road , and Paul M. McCarthy, 56 Harding Road Mr Legro said that he had received five accident Town reports involving Town vehicles but no indication as to Counsel whether Insurance Companies are involved The Chairman said they are to be referred to Mr Gray. I.D Card Upon motion duly made and seconded , it was voted to approve I .D. card for Karen Morrall, 1556 Mass . Ave. The Chairman read a letter from the Commonwealth stating a tentative grant, contingent upon legislative appropriation and local action, had been made under Chapter 90 for Adams Street The Chairman read a letter from the DPU regarding a public hearing to be held on petition of Bertini Hearing Motor Lines, Inc. , of Burlington on January 25, 1968, for charter bus service The letter was referred to Mr. Gray Mr Gray said that the Water Department would like a change in water billing The recommendation is that Water the billing be $8. 75 from 0 - 2500 cubic feet every six Billing months, instead of $17 50 per year Upon motion duly made and seconded, it was voted to amend from $17.50 per year to $8. 75 from 0-2500 cubic feet every six months. It was recommended that a fine be added on all bills unpaid after 30 days . 1 2 '7 Upon motion duly made and seconded , it was voted that a $1 00 fine be levied thirty days from date of water billing. Mr. Gray mentioned the fifty flags to be loaned to the Boy Scouts for a celebration event to be held in Bedford . Mr. Richard Soule will assume liability for the Flags flags; flags are to be hung from the ceiling, not band carried . The Chairman said that under these conditions , the flags not to be hand carried and Mr. Soule to assume liability, permission is granted to the Boy Scouts . The Chairman said that Town Meeting date must be set and suggested that March 18th be set with recommendation that adjourned sessions be held March 20, 25 and 27, 1968. Town Upon motion duly made and seconded , it was voted that Meeting Town Meeting be held on March 18, 1968 with adjourned Dates sessions March 20 , 25 and 27 . The Capital Expenditures Committee met with the Board . Mr Chapin, Mr. Mitchell and Mrs . Rawls were present . The Chairman said that in your last report you have Capital changed some recommendations, you have pushed the Town Expendi- Office Building back a year, brought the Library up one tures year. What ' s the logic behind this? Committee Mr. Chapin said , in the absence of any definite plan by the selectmen or their Building Committee, the pro- spect of so much school space being available, we felt it best to go this way The Chairman said that you know our need, for space is immediate, we are expanding Town Operations all the time. We have not expanded our space. Mr. Cataldo said we know there is no question that we need more space in the Town Hall complex We have suspended the idea of the complex temporarily until we see what Town Meeting does with the Town Manager form of government this year, plus we wanted to get the Treasurer and Clerk' s office split . We wanted to get the Engineer- ing Department set up, completely separate from Public Works and enlarge upon it Until all these moves are made and definite decisions made in all areas that would affect the space problem_ As you know, we hayp $2,000 available to us for professional help. It is the Board ' s feeling as soon as all available information is compiled , we will go forward and retain professional help to recommend concept to the 1969 Town Meeting and, at that time, ask for final plans and specifications . Mr Chapin said that he and his committee felt that the Permanent Building Committee should evaluate all available 4 space and come up with the recommendation for its use, including use for Town Office space Mr Cataldo said we have already appointed a member of the Permanent Building Committee to the Town Office Space Committee to give us the advantages of their think- ing I also cannot see why your position is to evaluate all the space for Town Office space Why are you precluding some of the space to be used as Library space, instead of just recommending an addition to the Library? I think this should be evaluated just like everything else I feel very strongly that the need of the Town office space is much greater for the efficient operation of the Town than the Library at this time. Our space problem certainly is affecting our efficiency. Mr Chapin said that they have no great justification for moving the two projects and, if nothing else, they accomplished the fact of bringing it out in the open and having it discussed , and there is no reason that a supple- mental report cannot carry this Mr Cutaldo said there is no question in the Board ' s mind that we can be ready with a concept to recommend to the Town Meeting in plenty of time to have the complete evaluation by all Boards Trunk sewer construction was discussed . Mr Kenney said there was some sort of misunderstand- ing. Trunk sewer construction could never be accomplished in one year. Mr. Chapin said they had sent a letter. Trunk Mr Cataldo asked if they agreed that the money was Sewers put to good use If we had spent most of money, would you consider raising it up to $250,000 again. Mrs. Rawls said she thought it a one-shot deal; every year adding $250,000 is not something they subscribe to. The Chairman asked how much have we committed and Mr Gray replied, three projects , about $180,000 for these three Mr Mitchell said that no increased rate of con- struction allows you to get ahead , money left over from last year Mr. Mabee said , good idea to keep ahead ; this year committed $180,000. The Chairman said it was to help sewer new subdivision- to help them by getting sewers in them now. Mr. Mabee said that if we had $25, 000 and committed $180,000, get more to raise it back to $250,000. Mr Mitchell said , $250,000 shared between develop- ments going in and connecting existing problems. Mr. Gray said $250,000 appropriation was for three subdivisions this year, two would have been built with septic tanks , other, pumping station. 297 Mr Gray said the normal now is $270,000 Enough people want sewers ; people need sewers Mr Chapin said, Articles for trunk sewers for 1968, money left over, should be working on projects right now. Mrs Rawls said , trunk sewers will be finished by 1978. Mr. Mitchell said the point is by 1980, by spending $250,000 a year, in all areas joint sewers would be available. The Chairman said it :eras a basic, false assumption. Mr. Mitchell said , asking to accelerate. Mr Mabee said it had $250,000 every year in reserve, would save money for Town over the long run Mrs Rawls asked, in two or three years earlier, completion of trunk sewers? Mr. Mabee answered in the affirmative Mr Gray said that any trunk will service whole area, never get back what it costs to install The Chairman said that we would be able to put money into laterals . Mr. Cataldo said last year we recommend bonding. Mr Chapin said , reserved only for future subdivisions, should have been warned last year Mr Mabee said to forget last year, we would like $250,000 reserve ( $180,000 in the till) ? ?? Mr Gray said we might not get any subdivisions next year Mr Chapin, have money for advanced engineering Mr Cataldo said we could design for $70,000. Board has history, cut it back $200,000 Mr. Mabee said, agree on level. The Chairman said he thought from Capital Expenditures ' point of view, a saving on laterals . Mrs Rawls said , if you don' t bond , you are adding $1.00 to tax rate Can you think of bonding $20 ,000? Maybe next year another $200 or $250, 000. The Chairman said , requests for $1, 399,000 laterals . Mr Chapin said , Class A,B,C Same Article every year The Chairman said that last year, $1,600,000 At this point, somebody thinks there is health hazard Mr. Cataldo said, to show need . Last year we felt strongly on certain ones not absolutely necessary Committed on last years need Board of Health agrees with it . Mr Gray said there were petitions from people willing to spend money for sewers Mr Cataldo said , with this figure, taking what Town Meeting turned down, this money is gone Mr Mabee said a new home gets sewer right now, others ten years Put $500,000 Mrs Rawls asked if there was to be a Warrant Article in for "x" money The Chairman replied it was the usual thing to try to eliminate controversy on Town Meeting floor. 20 Sn Mr Chapin said , sometimes how fast a rate should we be going? Sewers , should Town be spending money, etc Value of controversy on Town Meeting floor The Chairman said we would like to discuss the Lincoln Street project with you There is a difference of opinion within the Town, many people feel we should accelerate our Recreation program. Planning Board feels we should defer major recreation projects and buy land instead The School Department and Recreation Department say that they need this area desperately The combined Boards have talked of approaching the Lincoln Street area on a three year basis We have available to us, from the School Department, a $1,000 to come up with a preliminary concept of the area We have appointed a Committee which includes a member of the Board of Selectmen , a representative of Planning Board, representative of the School Committee, representative of the Recreation Committee, Mr. Gray, Mr McSweeney, our Town Engineer The function of this committee is to come up with preliminary concept to be presented for the consideration of the Selectmen , Planning Board, School Committee and Recreation Committee As far as the Board of Selectmen' s position is concerned , the need is strictly for the 'Recreation Department and School Department Therefore, we only support their needs . As far as the condition of the area is concerned and the type of material we have had trucked in, we feel there are no problems whatsoever in regard to construction of the field on a three year program. Mr Chapin said that his committee felt, in the absence of professional plans and specifications, this project should be postponed It has been stated that the area has settled as much as 5' in some areas and they have no evidence before them that the area has stopped settling. Mr Cataldo said it would be the Board ' s intention to come up with a preliminary concept and cost estimates with the money available to the Board now an3ask the 1968 Town Meeting for final designs and specification money and some construction money. The Board also feels very strongly that if we do not adopt a three year development program for this area, we should fulfill our commitment to the people of Lincoln Street and do some improvement to maintain the area in such a way not to create dust problems, mud problems, and unsightly area We recommend just to seed with basic hayseed to keep the dust down, clean up the area The School Committee, Planning Board and Recreation Committee met with the Board The Chairman said the problem is the Lincoln Street area At the previous meeting with the Planning Board it was the Planning Board ' s position that we should spend money for acquisition of open space, rather than for 299 construction of recreational areas. We felt that the School and Recreation Departments should be given the opportunity to present their side of the story. Mr Clarke said that he had some material prepared by Director of Athletics ; we now have 26 different teams playing on 14 fields His forecast is that we would need 16 additional fields . The School Committee would like to see this area developed as rapidly and extensively as possible ; 1970 will be our peak year The Chairman asked if one-third of this area was voted on this year, how much of your problem would be solved? Mr Clarke answered , that the first 3rd ; anxious to get all of the space as readily as possible; one-third is the absolute minimum, require 26 fields right now, in addition to what we have for the fall Mr. Worrell asked if the money you would like to get would be just for the Lincoln Street area? Mr. Clarke answered in the affirmative and said that they need fields laid out right now. Mrs . Rawls asked, if you need 26 fields right now, what do you need when you get rid of the 9th grade? Dr Fobert sai® that we would need same number, as we are transporting Muzzey-8th grade there now The Chairman asked Mr Cataldo if he had been working with some professionals in Town Mr Cataldo said , we have been working with our own Town Departments and the Committee that has been appointed by the Board is about to start interviewing some landscape architects for professional help. We have held up interviewing until the joint meeting was held so that we could get a meeting of the minds and see in which direction we should go Should we come up with a plan for this. Town Meeting, or were we going to wait? Mr. Bond said that the Recreation budget is $30,000 a year . 4e are asking ` 4700 for back stops We have delayed committing the rest of the money for we felt if no other money was available, this money could be used for Lincoln Street Mr Greeley asked if there was enough time to come up with proper plans and specifications to present to the Town Meeting Mr Cataldo answered in the affirmative and said if we get the final "go-ahead " Mr Greeley said , two different items ; one, prepara- tion of working plans and specifications and two, con- struction money He felt it should be two separate Articles He could not see spending any money on Lincoln Street unless the final plans were drawn and specifications to be started He felt any money spent would be wasted 300 Mr Cataldo said this was not true. We wanted to spend some money to ,fulfill our commitments on Lincoln Street and whatever money was spent would not be wasted, just be added to it at a later date on final construction. Board of Selectmen willing to go along with no development money this year other than that; up to School Department and Recreation Committee to fight for construction money for the complete package Mr. Clarke said , interested in number of people; 2600 people participate in the activities in the center playground This certainly points up the need one moves or not . The Chairman said that basically you are saying the School Committee feeling is an Article should be placed in the Warrant for money for the final plan and specifi- cations and money to implement Mr. Greeley said, I would say that the need is so imminent to go ahead with conceptual plan before Town Meeting if we are accepting the three year concept, we ought to go ahead with master plan as fast as we can. Mr. Fowle asked if there were going to be any structures on the Lincoln Street area. Mr Cataldo said the concensus of opinion at our last meeting was to recommend the enclosed field to stay where it is . Therefore, there would be no stadium, so called. Mr Clarke said that we want as many relatively level playing fields just as quickly as we can get them. Mr Fowle said he thought we should go ahead and come up with conceptual plan Mr Lund asked if it could include engineering. Mr. Cataldo said it would show basic drainage, access , and gas problems worked out Mr Chapin said he cannot agree going ahead without concrete engineering study Mrs Rawls said that we cannot afford additional $100,000 in the budget; the only way they could go along is to cut it in some other area Mr Chapin said that they had sad experience before, especially on swimming pool where estimates were wrong. Mr C etaldo said that we both know professional estimates can be wrong. You were on Baru Committee so you know what I mean There is no question we will get preliminaryfigures on concept Before we do anything, ,g we should rave ag ood idea as to whether it would cost $1,000,000 or $1j00,000 on preliminary ideas Mr Chapin what amount needed for conceptual plan. Mr Cataldo said that if you are talking final plans and specifications , talking $10,000 The Chairman said that concensus of opinion that Capital Expenditures Committee would not go along without professional plans and specifications 301 The Chairman asked the School, Recreation and Planning Board if they are prepared to go ahead notwithstanding Capital Expenditures ' opposition I think these controversial items should go before Town Meeting and let them decide. The last question is who is going to carry this to Town Meeting? Mr Clarke said , would discuss with Recreation Committee and they would decide. We would like a decision to get moving The Chairman said it will be placed in the Warrant. The Board will decide whether it will be one or two articles Upon motion duly made and seconded it was voted to adjourn at 11:15 P.M A true record, Attest Executive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectmen' s Room, Town Office Building, on Monday evening January 22, 1968, at 7 30 P .M. p � 1 302 SELECTMEN'S MEETING January 22, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, January 22, 1968 at 7 30 P.M. Chairman Cole, Messrs Burnell, Cataldo, Mabee, Kenney, were present. Mr. Legro, Town Counsel, Mr. Gray, Acting Superintendent of Public Works, Mr Wenham, Assistant Superintendent of Public Works, and Mrs McCurtdy, Executive Clerk, were also present . At the request of the Town Clerk, four jurors were drawn. Those drawn for jury duty were: Thomas Culhane 19 Red Coat Lane Sheldon Weisman 240 Grove Street P Spencer George 13 Munroe Road Rogers B. Downey 6 Berwick Road Mr Gray stated that he had received a bid from Spaulding-Morse Co for printing the Town Reports Town Upon motion duly made and seconded, it was voted Report to award the printing contract to Spaulding-Morse Co. , Boston, Mass Mr Gray said that Mr Perry has written a letter Snow to the Bureau of Accounts declaring an emergency condi- 1 moval tion on the 1967 Snow Removal Funds in the amount of $9453.21 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the letter for the emergency amount of $9453 21, emergency which has been voted on December 26, 1967 The Chairman read a letter from Mrs Young request- March of ing the Board issue a proislamation that Saturday, Dimes January 27, 1968 be proclaimed March of Dimes ' Day and for permission to use the Public Address System on that date Upon motion duly made and seconded , it was voted to issue the proclamation and grant the use of the Public Address System The Chairman read a letter from the Mystic Valley Gas Company requesting permission to install a four inch high pressure welded steel gas main in Worthen Road 303 Upon motion duly made and seconded , it was voted to grant permission to the Mystic Valley Gas Co to install Gas a 4 inch high pressure welded steel gas main in Worthen Main Road The Chairman read a letter from Mrs. Clarke stating that the Executive Committee of the Board of Trustees had voted to transfer to the Excess and Deficiency Cary Account $4,000 of Article 34 of 1965 Town Meeting Library It was agreed that any further development in the Center will be predicated upon an affirmative vote of the Town Meeting. Upon motion duly made and seconded , it was voted to repair the sidewalk outside the front entrance to the Library The Chairman read a letter from the ABC regarding the information that the name of newspaper carrying "ad" must be placed on application and stating the adoption of Regulation two new regulations regarding the distance required from ABC church, school or hospital and filing of the price of liquor. The Chairman read a letter from the Commonwealth of Vassachusetts which requires the Town to supply the Chapter paint and reflective beads used on Chapter 90 roads 90 Roads The letter was referred to Mr. Gray. The Chairman read a letter from Mr Chandronnait requesting permission to search the Green for artifacts Artifacts with a metal detector . The Board agreed to forward to Mr Gary, Historical Society The Chairman read a letter from the American Legion requesting permission to have a refreshment-novelty booth April 19th at Meriam Street on April 19th. It was agreed to refer the letter to Mr. Gray. Permission was also asked for a Country Fair over Labor Day week-end and it was agreed to follow last year' s policy and refer to Chief of Police . Upon motion duly made and seconded, it was voted to approve Common Victualler licences for the following, all having been approved by the Board of Health: Reeds Drug Store 1721 Mass Ave Folsom' s Seafoods 182 Bedford St . James H McManus Ice 399 Lowell St Gream Village The Chairman read a letter from the Planning Board which stated that the Board has agreed to postpone the re-codification of the Zoning By-Law, originally scheduled for 1967; intention of the Planning Board to present re- codification for approval by a Special Town Meeting in 1960, that funds be included in 1968 Budget for printing 304 of entire By-Law as an enclosure or part of the warrant The Board of Selectmen agreed to publish the entire Zoning proposed amendment in Warrant for special meeting in By-Law June. Mr Gray mentioned the Busa lots on Circle Road and said that everything was finished The Chairman said it was normal to release but a Circle letter would be required Road Mr. Gray said he would inform the Engineering Department and Planning Board stating if everything has been completed and what amount it should be reduced Mr Richard Sampson, President , and officers of Patriot Cablevision, met with the Board Their goal is to bring CATV to Lexington and provide top quality programs Tower site would be on Zion Hill in Woburn, within 5 mile radius of Lexington Hoped to serve residents of Lexington, Arlington, Woburn and CATV Winchester; provide 20 channel system, including special educational programs; high school, science classes, law, physics for engineering, etc Rate of $60 00 per year. Installation charge of $15 00 Free of charge to school Would work with Lexington Teaching staff, Lexington Choral Society; means for young people to explore arts; interested in involving students They felt it is an educational contribution to Lexington Suggested the Board of Selectmen appoint two members to set up policy. A proposed draft of agreement was presented to members of the Board The Chairman thanked them and Patriot Cablevision members retired A true record, Attest: Executive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectmen ' s Room, Town Office Building, on Monday evening, January 29, 1968, at 7 30 P.M uc r 305 SELECTMEN'S MEETING January 29, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday, Jan- uary 29, 1968, at 7:30 P M Chairman Cole , Messrs . Burnell, Cataldo, and Mabee were present. Mr Legro, Town Counsel, Mr Gray, Executive Assistant and Acting Super- intendent of Public Works , Mr. Wenham, Assistant Superin- tendent of Public Works and Mrs McCurdy, Executive Clerk, were also present Hearing was declared open upon petition of the Boston Edison Company for permission to locate poles Mr Pratt, representing the Boston Edison Company, was present and explained that these were new poles to be set on Marrett Road four to the east and five to the west of Massachusetts Avenue They were to be set according to a plan under the Commonwealth of Massachusetts No one appeared in favor or in opposition and the Chairman declared the hearing closed on the following pole location Marrett Road, southwesterly side, southeasterly from a point approximately 1, 022 feet southeast of Mass Avenue , - Pole 9 poles, guy wire and anchor on fifth and sixth poles . loca- Mr Pratt presented a petition to locate poles on tions Massachusetts Avenue , northerly side, easterly, from a point approximately 101 feet east of Marrett Road , 8 poles and Massachusetts , southerly side, easterly, from a point approximately 1027 feet east of Marrett Road , 8 poles . No one appeared in favor , but Mr. Zerby, head of the Park Department, voiced an objection He read a letter from the Departmert of the Interior stating that an agreement had been made with the owners of the land and options to purchase had been secured by the National Park Service The agreement granted only the right of entry to construct a road through the respective properties by the Department of Public Works and authority to transfer the maintenance and operation of that highway to the Town of Lexington if desired No other right was given over the land within the road right-of-way that was purchased in fee simply by the National Park Service The National Park Service therefore, has the sole authority to grant permission for any use of the land other than for the construction and mainten- ance of a road It is the policy of the National Park Service not to grant permits for the construction of utility lines across park lands unless they are placed underground This policy covers new lines and the rehabilitation of present 06 co �f s overhead lines with the exception of ultra-high voltage lines ( 59,000 or larger) which at this time are impractical to place underground This policy with reference to utility lines is of such importance to the National Park Service that authority for the negotiation with all utility companies is retained exclusively in the Director ' s Office. Mr Nickerson said he agreed with Mr Zerby, did not want poles set up at almost the exact Eastern End of the Park Mrs . Riffin, Chairman of the Planning Board , said that the Planning Board felt that all wires should be underground Mr Pratt said he would inform his company and the Engineering Department of Boston Edison would make a survey. The Chairman said that both petitions would be under advisement, and the hearing was declared closed Mr. Gray recommended an abatement for Robert C and George T. O 'Brien, Sr. in the amount of $39 04; charged Abatement excess frontage for sidewalk betterment . Upon motion duly made and seconded , it was voted to grant an abatement to Robert C and George T. O'Brien, Sr in the amount of $39.04. The Chairman read a letter from Donald K. Irwin, Building Inspector, requesting Richard Soule substitute for him during vacation period of February 20 through Building February 26, 1968 . Inspector Upon motion duly made and seconded , it was voted to appoint Mr Richard Soule as Building Inspector during February 20 through February 26, 1968. Mr Gray requested that authorization be given Mr. Legro for a sewer easement for Hartwell Avenue and Sewer Volunteer Way Easement Upon motion duly made and seconded , it was voted to authorize Mr Legro, Town Counsel , to proceed . The Chairman read a letter from Mr John E Ward regarding the problem of egress from Eldred Street to Traffic Bedford Street during commuting hours It was agreed to refer the letter to the Traffic Study Committee and a letter to be sent to Mr. Ward informing him that the full area is under study I 307 The Chairman read a letter from Patrolman Inspector George C Barry requesting the Board accept his resigna- Resigna- tion, effective April 6, 1968 tion Upon motion duly made and seconded , it was voted to accept, with regret , the resignation of Patrolman Inspector George C Barry, effective April 6, 1968 Upon motion duly made and seconded , it was voted to sign Second Class Agent ' s license for Morris Motors, License 308 Marrett Road The Chairman read a letter from the League of Women Voters, requesting the Board consider methods by which all voters might be made aware of the fact that a Town Charter has reached the final draft process The Chairman said that the Board could make a Hearings statement that all citizens are urged to attend public hearings to voice their feelings This would be a major change in our form of government and they should be aware of the ramifications Suggested it could be given a leading position in the newspaper to help draw public interest in the hearings scheduled for February 1, and February 7, 1968 Upon motion duly made and seconded, it was voted to sign I D cards for I.D. card. Mary Ann Palumbo 19 Spencer Street Douglas Witthus 505 Lowell Street Robert Douglas MacLean 32 Young Street Upon motion duly made and seconded, it was voted to accept the Minutes of the Selectmen ' s Meeting held on November 22, 1968 The Chairman said that we have a vacancy for the position of Superintendent of Public Works and the Board had been interviewing candidates Superin- Upon motion duly made and seconded , it was voted tendent to appoint Mr Joseph F. Burke as Superintendent of of Public Public Works, effective March 11, 1968, at an annual Works salary of $13 ,611, as of AP it 1, 1968, his salary will be $14,319.00 The Chairman showed the Board sketches of the Selectmen drawn by Mrs James D Lynch to be used in Town the Town Report Report JUb It was agreed to use the sketches in the Town Report Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the finan- cial interest of the Town or the reputation of any person Following discussion regarding personnel, it was voted to resume the open meeting Upon motion duly made and seconded , it was voted that the polls remain open from 7:00 a m to 8:00 p m. on election day, March L , 1968 The Chairman said that he had received a letter from Mr Robert Jeremiah requesting a substitute Wire Inspector during his vacation from March 1, 1968 to March 22, 1968 . Wire Upon motion duly made and seconded , it was voted Inspector to appoint Mr Edward Burke, 7 Ewell Avenue, Lexington, as substitute Wire Inspector for the period of March 1, to March 22, 1968 After discussion of Articles for the Warrant, the meeting was adjourned at 10:30 p.m A true record, attest : Executive Clerk Selectmen The next regular meeting of the Board will be held in the Selectmen' s Room, Town Office Building, on Monday evening, February 5, 1968, at 7 30 F.M - ) f1 I 309 SELECTMEN' S MEETING February 5, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday evening , February 5, 1968 , at 7:30 P M Chairman Cole, Messrs Burnell, Cataldo, Mabee, and Kenney were present Mr Legro, Town Counsel, Mr Gray, Executive Assistant and Acting Superintendent of Public Works, Mr Wenham, Assistant Superintendent of Public Works , and Mrs McCurdy, Executive Clerk, were also present Mr. Legro asked the Board to sign a release that Boston Edison granted for a sewer and drain easement for Woodside Acres, subdivision of Wood Street ; no structures Woodside to be built within 5' of sewer or drain pipe or within Acres 15' of any Boston Edison to ,Ter pole Release by mortgage of Boston Edison Upon motion duly made and seconded, it was voted to sign the release Mr. Legro said he had an Order of Taking, a new sewer easement in the land of Mrs Hamilton, to make it Suzanne conform to sewer as constructed Article in Warrant for Road abandonment of existing easement Upon motion duly made and seconded, it was voted to sign the Order of Taking Mr Gray said he had talked to Mr Gary regarding the request from Mr Chandronnait , Hudson, N H , to search the Lexington Green for artifacts with a metal Artifacts detector. The Lexington Historical Society feels that permission should be denied . The Chairman said that a letter would be written to Mr Chandronnait informing him that permission has been denied . Mr Gray reported that the Buckman Tavern project is at the half-way mark; will be submitting requisition Buckman for payment shortly Tavern Mr Gray requested an amendment to the Park Regu- lations; people have been driving cars over the ball field at Parker Field 1 1® ze C7 Upon motion duly made and seconded, it was voted to add paragraph 7 to the Department of Parks Regulations , Park as follows : Regulations ( It is forbidden) 7 To operate a motor vehicle on park grounds, other than in the official use of the Town, or without approval of the Board of Selectmen. Mr Gray showed a tentative layout of a plan for Chapter 90 road , area between Maple Street and Woburn Street on Lowell Street After discussion, it was agreed that Mr Gray would get more information for the Board Mr. Bond and Mr. Bertini met with the Board to request the appointment of Olmsted Associates, 99 Warren Street, Brookline, to present conceptual plan for Lincoln Street Playground . Upon motion duly made and seconded, it was voted to accept the proposal of Olmstead Associates to come up with preliminary plans and specifications, cost estimates of Lincoln Street Playground for a fee of $1,000, made available by School Committee funds. Mr Robert Gordon, Attorney, and Mr. George Duffy, Vice President and Treasurer of Colonial Cablevision Corporation, met with the Board to request a franchise for their company, and to give a general presentation of CATV. Mr Gordon said that the basic feature of Colonial is they have done technical and financial planning. If given franchise, would be operational this fall; could CATV have an arrangement with Telephone Company and work out a lease back arrangement with them to come in on their permit ; result in lesser cost to consumer Terms of franchise can be set by committee, set up guide lines Opportunity for local governments to set own conditions on contract Member of community will be on Board ; Board of Selectmen would recommend him Proposal is that Lexington is to receive three per cent per year of gross income of the corporation The Chairman asked about local programming and Mr. Gordon replied that Colonial can ' t get into the actual transmission, having a camera there There would be an Educational TV Service, schools are generally wired to the system at no charge Colonial has made application to two other towns, Arlington and Winchester; one tower to serve all three towns The Chairman asked if Lexington is the only town to accept, would tower be in Lexington and Mr Gordon 'e( i 311 replied that if there is no location good for transmittal, it would not Mr. Kenney said that the Mass Consumer' s Council recommends holding up of municipalities Mr Gordon said there was an extension to April 17th; well aware that local communities hold in abeyance, but if Colonial gets franchise, ready to go now. The Chairman asked if they could do this in six months and Mr . Gordon said that would be target date; had been in touch with major manufacturers, would hold up until they receive franchise. Mr Gordon and Mr Duffy thanked the Board and the Chairman said the Board of Selectmen would take it under advisement. Mr Gray said that a letter had been received from the Peacock Farm Association expressing strong opposition to a Citizen' s Article on the purchase of land adjacent Peacock to Sickle Brook Farm The Chairman said the matter would be discussed with the Planning Board . The Chairman read a notice of a hearing to be held on February 6, 1968 involving the Town of Lexington Hearing employees and AFL-CIO AFL-CIO Mr Legro and Mr Gray were to attend the hearing. The Chairman read an informational letter from TMMA which listed dates of future activities The Chairman read a letter from the Commonwealth, Mr MacKinnon, Director of Accounts, giving approval for the payment of liabilities incurred in connection Snow with the last snowstorm of December, 1967 in the amount Emergency of $9,453 .21. The Chairman read a letter from Commander Ormiston of the Veterans of Foreign Wars regarding the possible sale of Old Poor Farm land to the Lexington Golf Club. Old They feel that this land should be held by the Town to Poor be used , perhaps, as a development for Vietnam Veterans Farm The Chairman read an invitation to the Governor' s reception to be held on February 22, 1968. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen ' s Meeting held on Minutes January 29, 1968 312' 6" Upon motion duly made and seconded , it was voted to Abatement sign an abatement for Louis Bentley, 8 Columbus Avenue, Lexington The Board discussed the Articles for the Warrant . It was agreed to have the original Article on amendment of the Zoning By-Law of Section L ( g) Al Article Garden apartment districts by adding a parcel of land on Blossom Street, remain in the Warrant and add the corrected Article . Article for the Bedford Sewer was discussed . Mr Gray said that Bedford has the money for force main and Lexington has the money from Pumping Station to Hamilton Road . Would have to be legisla- tion before we can proceed . Mr Legro said real question is whether the failure to appropriate will delay application grants and aid Application cannot be made until funds are appropriated by the town The Chairman said that all agree that we should• go ahead at this time; explain to Capital Expenditures and Appropriations Committees why we want it and in- crease the Articles by one ( 1) Upon motion duly made and seconded , it was voted that the Board exercise the one remaining space reserved , to insert Sewer Article, the Article for the relief sewer from Hamilton Road to MDC line and put additions, improvements , and renovations to the pumping station Upon motion duly made and seconded, it was voted to sign the Warrant for the Town Meeting, as amended . Mr. Gray spoke of the Civil Service Examinations in March for applicants for the Lexington Police Department and asked the Board to request Civil Service to establish educational standards. Upon motion duly made and seconded, under Chapter 41i3, Acts of 1967, the Board of Selectmen have voted to request the Director of Civil Service that High School education be a prerequisite in the Town of Lexington. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. 1 313 Following discussion relative to the financial interest of the Town, it was voted to adjourn at 11:40 P.M. A true record , Attest: >4—e—e-f--2-0e7 Executive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectmen' s Room, Town Office Building, on Monday, February 12, 1968, at 7:30 PM. •-> fl C--- I 314 _ 2 mb� SELECTMEN'S MEETING February 12, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday evening, February 12, 1968 , at 7 30 p m. Chairman Cole, Messrs . Burnell, Cataldo, Mabee, and Kenney were present . Mr Gray, Executive Assistant and Acting Superintendent of Public Works , Mr Wenham, Assistant Superintendent of Public Works , Mr McSweeney, Engineer, and Mrs McCurdy, Executive Clerk, were also present Hearing was declared open upon petition of the Boston Edison Company for permission to locate six poles on Bedford Street at Eldred Street. Notices of the hearing were mailed to the peti- tioners, owners of the property as listed on the petitioner ' s plans and also filed with the Acting Pole Superintendent of Public Works . Location Mr Pratt, representing the Boston Edison Com- Bedford pany, was present and said the petition was for St street lighting at the ramp at Bedford Street and over Route 128, going up to Bedford There was no one at the hearing in favor and the Chairman asked if anyone was in opposition Mr Elias Mabardy, 31.1 Bedford Street , said that he wanted to know the full details as he is one of the Abuttors. He felt the wires should be underground as there was a pole right on the line of his driveway and , if you add six more poles, it will bring the neighborhood down; think you should use existing poles . The Chairman asked Mr Mabardy if he wanted to be recorded in opposition and Mr Mabardy replied in the affirmative. A Boston Edison plan of the area was shown and discussion followed . The Chairman said that, on the attitude of the Engineering Department, the Board will take under advisement . Later in the meeting, the subject of the poles on Bedford Street was discussed and it was agreed to ask Mr. Pratt to get information for the Board on the cost of going underground and the difference in cost between regular pole and ornamental pole, simi- lar to those in Lexington Center. 1 The Chairman read a letter from Boston Edison Petition requesting withdrawal of their petition to install Withdrawalsixteen poles on Massachusetts Avenue, between Mar- rett Road and Wood Street Upon motion duly made and seconded, it was voted 315 to allow Boston Edison Company to withdraw their petition to install sixteen poles in Mrassachusetts Avenue . The Chairman said that the letter also requests that petition be granted to install nine poles on Marrett Road as they are needed to provide service for Honeywell, Inc. Poles Mr. Cataldo said that he felt the whole project Marrett Rd should go underground The Chairman informed Mr Pratt that the Board would like Mr Gray and Mr McSweeney to talk to the Edison Engineering Department and discuss the cost to go underground . Mr Gray told the Board that bids had been made on the trunk line sewer for Hartwell Avenue and Volunteer Way The bids were as follows : Daniel D'Onfros Sons, Inc $ 198,130 Sewer- Joserh Capone 216,755 Hartwell- Avon Construction Co 283,7L5 Volunteer Mr. Gray said the companies have been checked out and read a letter from Whitman and Howard which stated that all bids were reviewed and the low bidder was Daniel D' Onfros Sons Their recommendation was that the contract be awarded to D' Onfros Co Upon motion duly made and seconded , it was voted to award the contract for the trunk line sewer for Hartwell Avenue and Volunteer Way to Daniel D'Onfros Sons, Inc. , for $198,130. Mr. Gray said he had received a letter from Mr. Gary„ Chairman of Buckman Tavern Reconstruction Committee, submitting an approved bill from D. J. McCarty Construction Company, covering work completed Buckman at the Buckman Tavern through January 30, 1968 , for Tavern $11,346.80 Also, a bill from Donald M. Muirhead , Consultant, for $530 00 Upon motion duly made and seconded, it was voted to approve the requisition for $11,346.80 to D. J. McCarty Construction Company, for work done on Buckman Tavern through January 30, 1968 . Upon motion duly made and seconded, it was voted to approve the bill for $530 00 from Donald M. Muirhead for consultant work on Buckman Tavern 1 316 co Mr Gray read a letter from Mark Moore, Jr. , request- ing an abatement of $370 43 for sewer betterment. Mr McSweeney said that there is a question as to Mark Moore whether this is abated or deferred Deferment The Board looked at a map of the area Mr. Mabee said that he didn' t think it should be abated, should be deferred Upon motion duly made and seconded, it was voted to defer, for a period of three years, the sewer betterment on lot 6A, Emerson Road, owned by Mark Moore, Jr in the amount of $370.43. Mr. Gray read a letter from Royal D. Chandler, 101 Grove Street, requesting deferment of sewer better- ment of $402.91. Mr McSweeney said that, on December 20, 1966, Mr Chandler had received a letter from Town Counsel offering him damages for this. Chandler The Board looked at a map of the area and it was Betterment agreed that Mr McSweeney write to Mr. Chandler and inform him that there are two lots involved and to clarity the situation Notice was received from the Alcoholic Beverages Control Commission pertaining to Washington' s Birthday, February 22, 1968 Upon motion duly made and seconded, it was voted Liquor that hotels and restaurants may sell alcoholic beverages Washington's during the usual hours "Package Goods" Stores may Birthday sell and deliver alcoholic beverages between the hours of one o' clock P M. and eleven o' clock P.M. on Wednesday, the night before The Chairman said that the notice on additional information required on applications for licenses would be kept on file Upon motion duly made and seconded, it was voted Minutes to approve the Minutes of the Selectmen' s Meeting held on February 5, 1968 . Upon motion duly made and seconded , it was voted Philip Rd to sign the Order for Construction of Water Main for Philip Road Sidewalk Upon motion duly made and seconded, it was voted Orders to sign the Sidewalk Orders for the following: Philip Road Valleyfield Street Laconia Street Mr Kenney asked about the widening of Lowell Street Mr McSweeney showed the Board the revised plan of the area and said that the County had not given an answer on the revised plan. He said that he had asked them, after the survey is completed , if we can align vertically to relieve the problem of driveway of the Church. 317 Mr. Cataldo asked with 60' layout , sidewalks on both sides ; would there be a grass strip between the sidewalk and property line . Mr. McSweene3t answered in the negative, the sidewalk would be installed to the edge of the 60 ' layout . Mr. Kenney said that you are taking all these trees . There are only 16 or 17 abutting roadway You are taking about 11 of them; think this is going to look pretty stark. Mr McSweeney said that those along the back could quite possibly be saved. The Chairman said that trees could be planted Mr. Cataldo asked if with layout of less than 60 ' , could we get Chapter 90 money? Good traffic layout would have to go from 2 lanes to 4, no inbetween. Mr. Gray said there is a problem of having four lanes 200' from intersection Lowell Mr. McSweeney said that he had not discussed inter- Street sections . Whether State would go along with this thinking, I would have to go back and see. They predict we will need alternate road in 10 or 20 years . Mr. Kenney said, is it reasonable to ask if road widened to 32' at intersections , would they buy it? The Chairman said that you are inviting disaster. It has been proven that a three lane highway is the worst thing you can have. If you build roads now just to satisfy your present needs, you are making a mistake Mr. Mabee said that anything less than 441 , do nothing. It is one of the worst places in Town. Mr. Burnell said that when Shopping Center is opened , there will be a great traffic load . The Chairman said that we will have this piece done, when Shopping Center comes in, we will do something. Mr. Cataldo asked Mr. McSweeney what his recommenda- tion is and Mr McSweeney replied that he recommends four lanes . The Chairman asked Mr McSweeney to report back to the Board when he gets an answer from the County or State and the Board will make a decision; there would still have to be a County hearing. Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of discussing, deliberating, or voting on matters which if made public , might adversely affect the public security, the financial interest of the Town , or the reputation of any person. After discussion concerning Engineering finances and Public Works Department , it was voted to resume the open meeting. The Board discussed and approved budgets . 318 Yom.. Upon motion duly made and seconded, it was voted to hold a Special Meeting of the Board on Wednesday, February 1L , 1968, at 7:30 p.m Upon motion duly made and seconded, it was voted to adjourn at 11:45 p.m A true record, Attest: Executive Clerk, Selectmen The next regular meeting of the Board will be held on Monday evening, February 19, 1968, at 7:30 p m in the Selectmen' s Room I SELECTMEN'S MEETING February 14, 1968 A Special Meeting was held by the Board of Selectmen in the Selectmen' s Room, Town Office Building, on Wednes- day evening, February 14, 1968, at 7:30 p.m , to interview for the position of Town Counsel Chairman Cole, Messrs . Burnell, Cataldo, Mabee and Kenney were present. Attor- neys Douglas Randall, William Whalon, John Fiorentino and Mrs . McCurdy, Executive Clerk, were also present Mr. Douglas Randall of Quincy met with the Board He said that he bad been City Solicitor for ten years for Quincy. He devoted about 60 hours, so he abandoned private practice. He had a two-man office and one girl in City Hall. The Chairman asked if he had attended all meetings . Mr. Randall replied that he bad attended all of the meetings with the Committees He received $L4,000 a year, (started in at $8,000) had a full time assistant, full time girl. The assistant put in 30 to 35 hours a week at a sal- ary of $10,000. Had trial cases , Supreme Court, field of zoning; did all advising of public officials , all land dam- II age cases . The rest were divided up. The Chairman asked where his law practice is now. Mr. Randall said that his office is in the Quincy Savings Bank; he does a lot of work for Arthur Burgess of the Quincy Savings Board . The Chairman asked if he had talked with Mr Legro. Mr. Randall said in a sort of general term I would like to get into public service Would open an office in Lexington with my own practice limited I find that estab- lished Town Counsel puts in one-half his full time . Counsel should be available in Town If office not in Town Hall, should be in the Square, available to Townspeople . One- third of our time is devoted to people calling us, people who feel sluffed off by building inspector, water depart- ment; people who have problems with the Town. Had a lot of land cases , people whose property was taken, would handle case in our office In some Towns, Counsel insulates him- self from that. People like to call Town Counsel up. The Chairman said that the procedure we have tried to implement here is that the Executive Assistant get the calls Things we can 't take care of go to Town Counsel. He asked Mr. Randall when he would establish an office here as Town Counsel is automatically a member at large Mr Randall said it would be within a year. I Mr. Kenney asked if Mr. Randall had hired outside 111 counsel. Mr. Randall replied that the amount of work was too much and there were several attorneys to do our titles We handled all of the City' s legal business except titles; also, tax title foreclosures . The Chairman asked if he had ever represented a Town and if he were familiar with warrants and motions . Mr. Randall said that he had never actually done that but had prepared 1,000 counsel orders a year, zoning, traffic regulations. It was the same as drawing articles for the warrant. The Chairman said that there is no question on your competence in this field . He mentioned that there was one large case in Town, Tax abatement, Appelate Tax Court. 6 or $8,000 is the budget, does that sound like a realistic budget? Mr Randall said that if you were involved in litiga- tion, Appelate is more expensive. Your budget is minimal. If the Sewer Commissioner laid out sewer line, would they provide funds to settle cases? Mr. Cataldo said, appraisals , outside budget. Mr. Randall asked how tort claims are handled. The Chairman said that we have a Board of Public Works , covers everything. We will decide on amount of dam- ages If there is a taking, make the award. Counsel tells us what he can settle for. Mr. Kenney said, to a thousand dollars . Mr Randall asked about public liability on buildings, autos , workmen compensation covered? The Chairman said everyone but Police and Fire; re- tirement Board here. Mr. Kenney said that Special Fees and Special Counsel Fees are available, Town Counsel isn't limited to $4.,000. Mr. Randall said that to expect to work at $8500 out- side of expenses is a little less than medium. The Chairman said $4.500 for office expenses , and asked if that sounds reasonable Mr. Randall answered in the affirmative Mr. Cataldo asked if he was interested in full time. Mr Randall said that the salary would have to be $16,000 or $17,000, no outside law practice. Understand that it is not an annual appointment, that the term is a minimum of three years . I am interested in full time ex- clusively. Mr. Cataldo asked about a staff for full time Mr Randall asked if there would be an office in Town Hall. With a full time secretary at $125 or $130 it would be $6400 a year; maybe in Lexington you could get a girl for about $105. 7 , Mr. Kenney asked if he felt with approximate idea of work load that he could handle it Lexington can afford full time counsel; decisions involve hundreds of thou- sands of dollars . If a fireman is injured you can get him back to work and save $100,000; no pension work with local retirement board; land damage involved in substantial takings, you can successfully reduce excess of verdicts . Full time Counsel has no conflict; Town would be very wise to consider full time Counsel who is willing to perform for the Town Mr. Mabee asked if Mr Randall felt that Department Heads can call you at dinner time on work that may not have legal implications . Mr. Randall answered in the affirmative. Mr. Mabee said that if you answer off-the-cuff, you could give them wrong answer. Mr. Randall said that he made it a practice not to have written question; never felt anybody called me just to sand- bag me I have bad excellent relations with everyone. If somebody calls me on Sunday, it is important to give them time, day or night . The Chairman said that if the Board and the Town should decide on full time Counsel at $16,000 or $17,000, you would need a secretary at $5200 or $5500, office $5500, term, three years, and asked if that seemed reasonable. Mr. Randall said it would be, except for some grandiose problem. The Chairman said that it would take a month to make the transition. It would be advisable to keep former Town Counsel as Special Town Counsel to clean up cases we have had . Mr. Randall said that it was a good idea. He should be permitted and required to keep what he is working on if it is possible for him to carry on for a while. The Chairman asked Mr. Randall if he had any questions. Mr. Randall said that the only thing that might bother you is that I am not a native Would come to Lexington in a year; I would assume a fairly permanent arrangement as I have six children. Municipal Law is my life; I can claim that I am an expert in the field Prefer public rather than private practice; feel happier with bigger problems . The Chairman thahked Mr. Randall. Mr John Fiorentino met with the Board He has a law office in Everett and has opened an office in Lexington. The Chairman explained the Law Budget and asked if he was familiar with the work load Mr. Fiorentino said that he had heard it was 80 or 90 hours a week but it was hard to judge the number of hours involved, as it might take one man 80 or 90 hours and an- other could accomplish the work in less time. He asked if Town Counsel was required to attend many meetings . The Chairman said he attends the Board of Select- men meetings, and at Town Meeting time, there are more meetings . He asked how many hours Mr. Fiorentino could devote as Town Counsel, assuming you will keep your practice. Mr. Fiorentino said that he had a young man working in the Lexington office and between us time would not be a problem. The Chairman said that Mr. Fiorentino could appoint him as Special Counsel. Mr. Fiorentino said that the young man could work in his office on his cases plus Mr Fiorentino's cases . A secretary would handle just Town business ; he asked if there was an office in Town Hall. The Chairman an- swered in the negative. Mr. Fiorentino said be had found that where City Solicitor tries to do the job without an assistant, there is too much work to handle. He asked how many written opinions are you asked to do? The Chairman asked if he had some reluctance to give oral opinions and Mr Fiorentino said that it is your job to give them The Chairman asked if someone called him and gave the circumstances, would there be any reluctance to give an oral opinion Mr Fiorentino said that he would like to have the set of facts ; it is very dangerous thing to do. I think that if these opinions are necessary, you should try to give them Most Town Counsels are handicapped, they try to run a practice and try to keep up with Town work. He felt that it was wise to have an office with a secretary in Town Hall. The Chairman said that the work involved many sewer easements , widen streets, many Takings ; we make the award when we make the Taking. Mr. Fiorentino said that the amount of work here is a Law Office itself. Town Counsel needs a secretary if he is trying to fit Town Work in It is an important task to run it independently; files should be here, li- brary, statutes . This becomes the legal center for the Town. Mr Kenney said that he thought his idea was well taken. Mr. Fiorentino said that you need a girl and an as- sistant. Most of your working law is done in the office. He asked how many cases are farmed out. The Chairman replied that it depends on Town Counsel, how he feels about farming cases out. It is his responsi- bility, if he has confidence in another lawyer . . Mr. Fiorentino said that it would depend on the case, some cases are involved. The Chairman asked if he would farm out cases like this? Mr Fiorentino said that you don't know until you do them. As you do more, you handle well If I were Town Counsel, I would be hesitant to farm out . I think you have to judge as you go along If you have enough help, you may manage better. I have an associate who could spend 5 or 6 hours a day doing preliminary work. I should be able to handle most of the cases the Town is confronted with. If negotiations, call in specialists on it . Special mat- ters that Town Counsel couldn' t know. The Chairman said that with our Town Counsel, we haven' t had to hire any specialists . He asked how he felt about the $4,000 retainer fee, an office in the Town Hall with a girl provided, expenses for supplies . If you limit lawyer, you might want to spend some on an Investigator. Mr. Kenney said that it would be close to $10,000 to draw on. Mr. Cataldo asked if $10,000 would cover you being Town Counsel, no matter how many hours you put in? Mr. Fiorentino said that he would keep a chart for a year. Mr. Burnell asked if the associate would fit in and Mr . Fiorentino said that he would pay him Mr. Kenney said that, ordinarily, they would expect him to handle most of the cases . Mr. Fiorentino said that begness is not the test. It is whether you are familiar with it. The main thing is if you prepare them, have a good file, ready to go to work. The Chairman asked when he would be available and Mr. Fiorentino said, any time Mr. Cataldo said that we don' t know what concept we are going to go, full or part time Mr Fiorentino said that from a lawyer' s point of view, part time is better The Chairman thanked Mr. Fiorentino Mr William Whalon of the Law Firm of Gallup and Hadley, Boston, met with the Board. The Chairman explained the Law Budget and said that William the Special Fees budget was pretty substantial. He asked Whalon if it sounded reasonable. Mr Whalon said that it would depend on the volume of work. The Chairman said that the volume is heavy, takings , contracts . Everything that we do in Town, Town Counsel prepares , some negotiations . He asked how he felt about attending meetings . Mr . Whalon said he would not be available to Boards 111 in Town As far as Selectmen' s Meetings are concerned, it would depend on the agenda. Things that might re- quire my attention, yes . The Chairman said that if nothing was on the agenda, there was no reason for Town Counsel to attend all meet- ings for one or two hours Mr Mabee said that, quite frequently, if we don' t have something for him, he has something for us . He ap- pears and does not have to stay. Most of the time he is here one-half hour, sometimes three hours Don't know if there are too many other meetings Mr Burnell said there were Planning Board meetings . Mr Mabee said that hardly a Monday night goes by that he is there a half hour. School Committee occasion., ally wants him or Conservation wants him. The Chairman said he cbuld be harrassed by phone calls . Policy is, if Board has a problem with a citizen they might deem it advisable to refer to Town Counsel. Mr Mabee said that since he was elected by the people he didn' t see why he didn't have the right to contact Town Counsel He is Town Counsel, not Selectmen' s Counsel. Mr. Kenney asked if he was a member of a large firm Mr Whalon said there are six lawyers in my office in Boston . , The Chairman asked if other members would be avail- able for Town' s things Mr Whalon said they are not all familiar to any de- gree with Town problems ; one is a patent attorney, another limited to criminal work; one taught municipal law, one on tort work; we spell each other. I would certainly expect to get somebody else. The Chairman asked if the work load was too heavy, or if you found it needed special counsel, would you farm it out? Mr Whalon said he would have to call upon somebody to teach him a few things The Chairman said that the Board has a completely open mind, it has been suggested a full time counsel, and asked if he were interested. Mr Whalon said, I think probably not . I don' t know enough about how much is involved. Can' t express opinion as to whether the Town ought to have part or full time. I can look forward to the time the Town has attained a full measure of growth with a new office building, office for counsel, small library, secretary and possible full time counsel Mr Cataldo asked what his feeling is concerning some- thing like that at this time. L� Mr. Whalon said that he didn' t know whether he would be in a position to say, with financial problems as we all have. Has been associated with firm for some years , couldn't terminate. Can' t say presently whether he would want to give these things up. Don't know if I was asked and did take the job, whether I would remain with that feeling Mr. Cataldo asked if the work would be done in your office. Understand you would use talent on some of these Boards . What is your feeling of secretary right here, work load to stay here Mr. Whalon said it might be preferable, I don' t know. Can see distinct advantages to my office, Appelate Tax across from me. Mr. Mabee asked( oull er on Town Committees i Mr. Whalon said a t ns ere interested; attended a great many meetings on Conservation. Familiar with the nature of the problems they have. The Chairman asked if he would utilize lawyers on various committees and Mr. Whalon answered in the affirmative. Mr. Whalon was asked how long would it be before he would be available and he said that there was an urgency of situation now. It is also a matter of Town Meeting coming up. Not going to be easy, except for the fact that Town Meeting is as far advanced . I could be available any time, my work is constant The Chairman said that it would be advisable that pre- sent Town Counsel keep working on cases . Mr. Whalon said that it makes sense from Town and every point of view. The Chairman asked about fees Mr. Whalon said that Mr Legro told him that time works out to nominal charge. There is great variance in work between towns The Chairman said, you are aware of Article for Town Manager? I am in favor of the Board electing Town Counsel. Mr. Mabee said that he thought they should take into consideration the Town Manager system Mr. Whalon agreed Mr Cataldo asked if his office setup was adequate. Mr. Whalon said with great volume of work, would have to take on another girl, if her time was used totally for Town work Mr. Mabee asked if he had represented any clients against municipalities . Mr. Whalon said that his experience was limited to Board of Appeals, Planning Board, and the like. Supreme Court case, tries to oust City Manager. Had experience with contracts, public works contracts The Chairman said that you are familiar with the Town, Town Meeting and your availability would be on or about April 1st . The Chairman thanked Mr. Whalon. 1 void t 1 319 SELECTMEN'S MVETING February 19, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, February 19, 1968, at 7:30 P.M Chair- man Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present . Mr. Legro, Town Counsel, Mr. Gray, Acting Superintendent of Public Works, and Executive Assistant, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs . McCurdy, Execu- tive Clerk, were also present. Hearing was declared open upon the application of the Boston Edison Company and New England Telephone and Telegraph Company for the installation of poles on Volunteer Way at Coach Road . Notices of the hearing were mailed to the petitioners, owners of property as listed on the petitioners ' plan and also filed with the Acting Superintendent of Public Works . Mr. Pratt, representing the Boston Edison Company, Pole and Mr. Dunn, representing the New England Telephone and location Telegraph Company, were present and stated that the exist- ing joint owned pole was almost in the middle of the in- tersection and it would be removed and one pole placed on either side. No one was present in favor or opposition, and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following JO pole location: Volunteer Way, northerly side, approximately 35 feet west --of Coach Road, One (1) ole P Volunteer Way, northerly side, approximately 12 feet east of Coach Road, -- One (1) pole. (One (1) existing JO pole to be removed.) Mr. Legro said that he had contract from Whitman and Howard for interceptor sewer on Hartwell Avenue and Volun- teer Way awarded to D'Onfros Sons, Inc. The Contract is in good form except that there is a question regarding the date of the corporate vote on November 19, 1967. Intercep- Mr . Legro requested the Board to sign the contract which tor Sewer will be held by him until checked . Upon motion duly made and seconded, it was voted to sign the contract for the interceptor sewer to D'Onfros ' Sons, Inc . Contract to be held by Town Counsel until amended . 320 Mr. Gray told the Board that he and Mr. McSweeney met with Mr Winterhalter of Boston Edison Company regard- ing the lights for Bedford Street. There is a meeting scheduled for Marrett Road on poles feeding Hunnewell Company; Mr. Gray will report back to the Board . Mr. Gray and Mr. McSweeney showed plan of widening of Lowell Stteet. Mr. Mabee asked about peak period , how far cars would Lowell back up; he has received calls from people who are con- Street cerned; recognize the need for storage lanes. Mr. McSweeney said that going by projected counts, need four lanes . Mr Mabee asked if Chapter 90 funds would be available with four lanes going into two and Mr. McSweeney said that he did not think so. Intersections were discussed and Mr. McSweeney said that the State doesn't study intersections. The Board agreed to approve the plan; County would have a hearing. Upon motion duly made and seconded, it was voted to approve the layout of Lowell Street . Mr. Gray asked permission of the Board to write to Chapter the State Department of Public Works and request that 90 the funds left over in Chapter 90 be assigned to Lowell Funds Street; funds in excess of $30,000. Upon motion duly made and seconded, it was voted to write to the State Department of Public Works and request the left over Chapter 90 funds be assigned to Lowell Street. Mr. McSweeney showed a plan of Adams Street and said the plan will realign existing Adams Street; East Street to the Town line ; from the present 22' pavement with a proposed 30 ' pavement, 5' sidewalk on the West side and a 5' grass plot; on the East side, a 10' grass reservation. No taking as far as property is concerned. Mr. Kenney said that he had counted about 50 trees in that area and said he wanted to be sure you have taken out 50 trees and widen. Mr. Burnell said we could instruct the Engineering Department to be careful in handing of trees . Mr. Mabee asked about the speed limit and Mr. Gray answered that it was about 30 miles an hour. Mr. McSweeney said that he would like approval of the plan and Mr . Gray agreed as they would like to get the "go-ahead" from the County to start survey. I ^' Mr. Cataldo said that he didn' t want it held up as these streets are directly related to the Shopping Center. He would like to go in and see Commissioner Ribbs and get some answers on Route 3 and Adams Street. Mr. Kenney asked how wide beyond East Street. The Chairman said that you are inviting three lanes of traffic when you make it an odd width. Mr. Gray said that the Burlington line is 30' ; a lot more dangerous. Mr. McSweeney said it is $90,000 for this; talking pavement and a few trees . The Chairman said we are doing this with County funds, 75% of it paid for. Mr. Cataldo asked if this street warrants it and Mr. Gray said that we have been considering Spring Street; anywhere you use Chapter 90 funds, State is going to insist on State standards . Mr. McSweeney asked what are ygu going to accomplish by putting in 20' pavement. Mr. Cataldo asked how many trees would you save and Mr. Gray said all that you are going to save is trees, not cost. The Chairman said these are basic conditions, the street has traffic hazard ; you eliminate curves and make the road safer. There is no land taking here, it may appear to abuttors that land is taken but that is not so. I know the width is not adequate for the future, but we are stuck with a lot of country roads, Will hold up for one week and contact the Department of Public Works and get answers. Mr. McSweeney said that he would meet with the Board next week Mr. Gray read a memo from Mr. McSweeney regarding the reconstruction of a section of Woburn Street ; a state high- way portion from the Woburn City Line to Lowell Street. Mr. Gray asked if thisis one of the trunk sewers we have put in the budget and Mr. McSweeney answered that it doesn't include the laterals . (The Chairman said that if this is a trunk, can' t put a lateral along. ) Mr. Gray showed a plan of the area and was instructed to get cost figures on Woburn Street and report back to the Board . Mr. Gray said that a date must be set for Street Hearings. Street Upon motion duly made and seconded, it was voted that Hearings the date for Street Hearings be set for March 5, 1968. 1 322 ze c: Upon motion duly made and seconded, it was voted to grant abatements for the following: Abate- Ambulance abatement $5.00, William Miller ments 5 Jefferson Park, Cambridge. Water Service Connection abatement, $51.77 Barkan Construction Company, 25 Hartwell Ave. , Lexington. The Chairman read a letter from Mr Paul Lloyd, re- questing permission for the Lexington 4-H Horse Club to use Willard' s Area for their Annual Horse Show on June 2, 1968. 4-H The Chairman said permission has been granted in previous Horse years and would be under the jurisdiction of the Park Super- Show intendent. Upon motion duly made and seconded, it was voted to grant permission to the Lexington 4-H Horse Club to use Willard ' s Woods area for their annual Horse Show on June 2, 1968, under the Jurisdiction of the Park Superintendent. The Chairman read a letter from Rev. A. J. Metaxas, Greek Pastor of the Greek Orthodox Church in Cambridge, requesting Community permission to have the annual Ten Mile Race start at the Race Minute Man on Massachusetts Avenue to Arlington line on Saturday, March 23, 1968 at 1:00 p.m. Upon motion duly made and seconded, it was voted to grant permission to the Greek Community to have the race start at the Minute Man and continue to Arlington along Massachusetts Avenue on March 23, 1968 at 1:00 p.m. Police cruiser escort to be referred to Chief Corr. The Chairman read a letter from the Town Clerk regarding the combining of the School and Town Census, Town cost to be $2,000 or $3, 000. Clerk Mr. Gray was asked to discuss the matter with the Appropriation Committee. Heart Upon motion duly made and seconded, it was voted to proclaim Sunday, February 25, 1968 as Heart Fund Sunday in Lexington. Upon motion duly made and seconded, it was voted I.D. to sign the T .D. Card for John Stephen Wallwork, card 34 Harding Road, Lexington, satisfactory evidence of his age having been established. Upon motion duly made and seconded, it was voted Minutes to approve the Minutes of the Selectmen' s Meetings held on January 15, 1968 and February 12, 1968 . 323 Mr. Cataldo said that the Massachusetts League of Cities and Towns had sent a memo that there were to be hearings on House Bills 683 and 813. It was the unanimous decision of the Board that the Chairman attend the bearings . House The Board would like to go on record in favor of Bills House Bill No. 683 amended to read in municipalities over 30,000 population which would require electric companies to place underground at least five hundred house feeds per year at no cost to the ultimate subscriber. The Board would like to go on record in favor of House Bill No. 813, petition of Normal Holtz, which would provide a separate Labor Relations Commission to deal with just the problems of municipalities . The Board would like nominations from all department beads submitted to them so they, in turn, could nominate an employee for the annual Public Service Award. Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of discussion, Executive deliberating or voting on matters which, if made public , Session might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion relative to the financial interest of the Town, it was voted to adjourn at 11:15 P.M. A true record, Attest: ke Executive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectmen' s Room, Town Office Building, on Monday, February 26, 1968, at 7:30 F.M. CJS ' ) qc Cet 1 32 C42, L.. SELECTMEN'S MEETING February 26, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, February 26, 1968, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present Mr. Legro, Town Counsel, Mr . Gray, Executive Assistant and Acting Superinten- dent of Public Works, Mr. McSweeney, Town Engineer, and Mr. Henham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Hearing was declared open upon the application of the Boston Edison Company and the New England Telephone and Telegraph Company for the installa- tion of one pole on Grant Street. Mr Pratt, representing The Boston Edison Company, was present at the hearing. He stated that the petition was for the installation of one Pole pole to cut down the long span between poles; it location was within the street layout , not on private property. No one was present in favor but Mr. Paul R. Porter, and abuttor, asked to be recognized and said that he wanted to be sure that the pole was not on his property. The Chairman invited M . Porter to look at the plan to see that the pole was within the street layout. Mr. Porter bad no objection. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following JO pole: Grant Street, easterly side, approximately 133 feet south of East Street One (1) pole. At the request of the Town Clerk, three jurors were drawn, as follows: Nancy B. Hudson 58 Laconia Street Forrest S. White 38 Liberty Avenue Jurors Harry Cram, Jr. 759 Waltham Street Mr. Legro asked if the Board had received notice of election, AFL-CIO - Public Works Department , to be held at the Public Works' Building on March 5, 1968, between 12:00 noon and 1:30 p.m. A list of names of those eligible to vote is to be furnished , to be used AFL - CIO at the voting place to check the employees as they present themselves to vote. The Town and the Union may each designate one representative to act as observer and checker. 325 Mr. Gray said that Mr. Wenham or Mr. Weisenger would be there as observer. One Labor Relation repre- sentative to be present. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if made public, might adversely affect the public secur- Executive ity, the financial interest of the Town or the repute- Session tion of any person. Following discussion with Town Counsel concerning litigation, it was voted to resume the open meeting. Mr. Gray said that he had received an application from Temple Isaiah requesting permission to conduct an antique show at Cary Memorial Hall on Sunday, October 27 and Monday, October 28, 1968, and would charge admission of $1.00. Temple Mr. Gray said that, normally, no affairs of this Isaiah nature are conducted on a Sunday. The Chairman asked Mr. Gray to do some checking and report back to the Board. Mr. Gray brought up the matter of poles on Marrett Road. The Edison Company said that, if underground, they might run into a problem if a breakdown oceurred; time would be a minimum of eight hours. They also said that if you don't allow poles, can 't supply power to Honeywell Company Mr. Gray and Mr. McSweeney showed the Edison plan to the Board and discussed the National Park, in relation to the problem of overhead or underground . Poles Upon motion duly made and seconded, it was voted to Marrett deny the petition of the Boston Edison Company to Road install nine poles on Marrett Road, southwesterly side, southeasterly from a point approximately 1,022 feet southeast of Massachusetts Avenue . Mr. Gray asked the Board to approve the layout of Adams Street He said that Mr. Kenney had looked at the situation during the week. Adams Mr. Kenney said that he had hoped to find a feasible Street alternative, but could not; with profile change, the number of trees involved has been reduced from 51 to 30 or 33. He agreed to the plan . The School Committee, Recreation Committee, and the Planning Board met with the Board. The Chairman asked Mr. Robert Bond to present the proposal for the Lincoln Street Recreation Area. 11 Mr. Bond showed the plan and asked for approval. He said that the costs are $422,000 for 17 acres, and the question was how much was going to be done per year. Mr. Fowls said that if we are going to have 17 acres at $422,000, this is something like $25,000 per acre; would like to get some idea of the cost difference if on land that had not been used for a dump. Mr Cataldo said that this area which was sanitary land fill would be $422,000 to develop now. The cost on acreage not a dump would depend on the grading; would have to build it up to the grade being recommended. We want 12' of gravel, plus 6't of loam. Without structures the cost is basically the same for the dump area. Mr. Fowle said that you have answered the question if the land had not been used as a dump that the cost would be the same. The question I have is, would it be Lincoln more economical at another location in town, not a dump Street site. There are 14 acres near the Harrington School Recreation and Woburn Street that would be a lot cheaper to develop. Mr. Cataldo said that the cost is exactly the same; there is no loam on that site and it is not graded; would have to haul loam. We are not talking cost per acre; oing beyond that to get flat playing fields for under $300 ,000 expenditure; loop water main, utilities, double access; talking snow dump, access to Worthen Road, fenced in area; not talking acreage, talking development. Overall concept as what part you want to develop. The Chairman said that the planning Board was all for developing at one time. Since that time, we have saved better than $1,000,000 in fill at no cost to the Town. For $422,000 you can get package that Planning Board was in favor of at one time . Mr. Fowls said it was the first time he had raised the question about costs; would like to see a list of major items and cost of them Cost per acre so high, they should be examined Mr. Bond explained the costs, which included; Grading, $38,250; Gravel, $92,540; Top soil, $76,000; Fine grade and seed, $38,000; Planting, $25,000; Pavement and curbing, $7,000. The Chairman said that the question is whether you approve of conceptual plan. Could have reserva- tions on cost. The Chairman said that he would poll for conceptual plan without time schedule It was agreed that the Planning Board, Recreation Committee and those present on the School Committee were in favor of the conceptual plan. 327 Mr. Cataldo said that as far as costs are concerned, the Consultant has come up with a figure Now much we do would be the decision of these Boards If area in the center is built, bow do you want to phase this - three year program based on $400,000? This is the direction telling you that this can be had for this number of dollars. Mr. Kenney asked if you could drain and Mr. Cataldo said part of it could be done. Mr. Fowle asked the School Committee how it could be scheduled to best fit their needs. Dr. Fobert said that he had given information on the number of Varsity Squads and the number of fields to maintain. There. is a critical need for at leant three fields; high participation of youngsters . Mr. Greeley said that using all fields by 1971, if you want to absorb the whole thing over three years, what amdusts of units of money are feasible ones? What periods of time make sense, two to four years? Mr. Cataldo said a minimum of 3 years , because of the nature of the area. Mr. Van Boughton said appropriate money for engin- eering done. We don't really have specifics . What areas go first; need a lot more information before deciding. The Chairman said to recommend so much engineering the first year, nothing next year. Mr Mitchell asked how much money for detailed engineering design of this area and Mr. Cataldo said, $25,000. How much do you want us to spend the first year, add engineering fees to it . Mr. Lund said to get figure and asked if there is any way to get information now Consultant, $150,000? Mr. Cataldo said that the Consultant does not get another dime. The Chairman said the minimum recommended is three years. Mr. Fowls said, vote for three year program. Mrs. Riffin said, if they could do outline, three year or five year program, to get some alternative. The Chairman asked if the School Committee would agree to three to five year program. Dr. Fobert said he would like some fields by September '68; if it takes five years to develop full area, fine. The Chairman asked if the Recreation Committee sub- scribes to this , and the answer was in the affirmative. Mr. Fisher asked how much is practical to build now? I 328 o 0 Mr. Cataldo said they would have to start at Lincoln Street, have to get access for snow dump. Mrs. Clarke said to find out from the Consultant. Mr. Cataldo said, flat fee basis, all designed final plans . Mr. Zaleski asked if the Consultant would give cost estimate for third and fourth stages . The Chairman asked if they could agree on three stages and Mrs . Clarke said that four stages are more sensible. Mr Cataldo said, three stages for basic playing fields. The Chairman said, three stages for development and fourth for landscaping; utilized for athletic endeavors. Mr Cataldo said he would like to go back to the Consultant and have him break it down, 17 acres phased for three years Mr. Greeley asked, before Town Meeting? Mr. Cataldo said, what total thing can be done and what can be split . Mr. Greeley said that he felt they ought to go ahead with engineering; talk 1/3 money, talk gravel. School Committee said logical way to get the most playing fields . First phase, first three fields; for how much money can we get this. The Chairman said, we are agreed to request money for engineering at this Town Meeting. Direct the Committee the most practical way to proceed and bow much it would cost per segment . Mr Greeley asked if engineering would be a separate Article . Mr Cataldo said , no Engineering and Contracting, one Town Article Article can be amended down to engineering alone. Counsel The Chairman read a letter from Mr Nicholas J. Cafarelli, Jr. requesting an interview for the position of Town Counsel. The Board will take under advisement. The Chairman read a letter from Mr. Fred C Bailey requesting that consideration be given to the installa- tion of sidewalks on Coolidge Avenue . Sidewalks The Chairman said that a letter would be written to Mr Bailey, telling him that it is too late to take action this year but the Board will take the matter under consideration for next year' s budget . The Chairman read a letter from Dr. Fobert which School stated that the School Department will use the Civil Dept. Defense warning system for no school announcements, effective March L , 1968 . 32q Upon motion duly made and seconded , it was voted to Inn- sign an Innholder's license for Wild Acre Inn, 50 Percy holder Road license The Chairman read a letter from Mrs . Daniel J. Red- house requesting permission by the Lexington Council Easter of Churches to hold Easter Sunrise Service at 6:00 A.M. Service on April 14, 1968. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Council of Churches to hold Easter Sunrise Service at 6:00 A.M. on April 14, 1968. The Chairman read a letter from Mr. Donald P. MacMunn, President of the American Institute for Human Request Relations , requesting space to conduct a program in the management sciences The letter was discussed and it was agreed that a letter be written to Mr MacMunn informing him that there are no facilities available in Lexington. Upon motion duly made and seconded, it was voted to adjourn at 11:25 p.m. A true record, Attest: gie_etzw_...v 2p Executive Clerk, Selectmen The next regular meeting of the Board will be held on Monday evening, March 4, 1968, at 7:30 p.m. in the Selectmen ' s Room. ,. � u_ 277: SELECTMEN'S MEETING March 4, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, March 4, 1968, at 7:30 P.M. Chairman Cole, Messrs Burnell, Cataldo, Mabee and Kenney were present Mr Legro, Town Counsel, Mr. Gray, Executive Assistant and Acting Superintendent of Public Works, and Mrs McCurdy, Executive Clerk, were also present . Hearing was declared open upon the application of the New England Telephone and Telegraph Company to lay g P underground conduits and manholes on Bedford Street and North Hancock Street . Notices of the hearing were mailed to the petition- ers, owners of property as listed on the petitioners ' plan and also filed with the Acting Superintendent of Public Works Conduit Mr Dunn of the New England Telephone and Telegbaph Location Company was present at the meeting. He stated the peti- tion was for additional conduit for special circuits and trunk lines for Bedford No one was present in favor or opposition, and the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the follow- ing conduitlocations : g and manhole loc i ns . Bedford Street : Westerly, from existing Manhole 54/113, approximately 20' of underground conduit; also, one (1) Manhole 54/113A. North Hancock Street: Northerly, from Bedford Street, approximately 5' of underground conduit; also, one (1) Manhole 54/105A Bedford Street : From existing Manhole 54/100, southwest- erly, approximately 40' of underground conduit; also, one (1) Manhole 54/100A Hearing was declared open upon the application of the Boston Edison Company and the New England Telephone Company for the installation of one pole on Justin Street . Notices of the hearing were mailed to the petition- ers , owners of property as listed on the petitioners ' plan and also filed with the Acting Superintendent of Public Works Mr Pratt, representing the Boston Edison Company, was at the meeting He stated that the petition was for service for a new house on Justin Street 331 No one was present in favor or opposition, and the Chairman declared the hearing closed Upon motion duly made and seconded , it was voted to approve the petition and sign the order for the follow- ing pole location: Justin Street, northeasterly side, approximately 250 feet southeast of Eldred Street, -- One (1) pole At the request of the Town Clerk three jurors were drawn, as follows : Robert J Bertini, Sr 130 East Street Omar C. Wheeler 343 Bedford Street George M Hurley 114 Adams Street Mr Legro discussed the motions for the Articles in the Warrant for Town Meeting Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made pub4icti Executive might adversely affect the public security, the financial Session interest of the Town or the reputation of any person Following discussion with Mr Grush, Chairman of the Board of Assessors and Mr Legro, Town Counsel, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to sign Certificates of Incorporation for the following, both having received character references cleared by the Police Department: Certificate Vern Countryman 98 Adams Street of Incor- The Civil Liberties Legal Defense Fund, Inc poration John A. Sharkey 13 Hazel Road American Institute for Human Relations, Inc The Chairman read a letter from the Director of Civil Service regarding the authorization fov the provisional appointment of a Sealer of Weights add Measures Weights & Upon motion duly made and seconded , it was voted to Measures/ appoint Mr. Bernard Belcastro as a Sealer of Weights and Tip Measures , on a provisional appointment, as of March 4, 1968 Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen' s Meeting held on February 19, 1968. 332 ze The plan for the Lincoln Street Recreation area was , presented to the joint Boards for approval The Chairman said it was proposed in four stages ; hope to do it in four consecutive years Mr Bond said that suggestions given at the last meeting were followed out; broken down in four stages , not three In stage one, there is no problem, others, need more attention. We were requested to come back with costs for first area; hope the wishes of the Board are answered Mr Fowle said that when they first looked at the plan, it was 17 acres and now there are 31 acres Lincoln Mr Cataldo said that 17 acres are the flat section Street of the field ; now the plan is extended to Worthern Road . Recreation Mr. Bond said that at stage 2 is a large baseball diamond and softball diamond; the first three stages are all, basically, playing fields . The Chairman took a poll Mr Logan Clarke said that this plan begins to sat- isfy the need . School Committee in agreement Mr Fowle said that the staging appears to be sat- isfactory to the Planning Board . At Town Meeting will ask $150,000 at stage one The Chairman asked Mrs Rawls to carry back to the:. Capital Expenditures Committee. Mr Logan Clarke, Chairman of the School Committee9 said that for the last several years the Town Engineer and the School Department got together on sidewalks . We have decided that the best interest of the community might be served if Selectmen use the Traffic Safety Com- mittee for recommendations on sidewalks , and Mr McInnes be made member of the Committee . The reason, basically, they got into sidewalks was for safety and bussing We have had to call on Traffic Safety Group as a source of Information and Recommendations : following their sug- gestions better suited that ours . It is reasonable to go out of the sidewalk business altogether and leave it to the Selectmen where it properly belongs . Sidewalks Mr Cataldo said that he didn' t agree that he become a member of the Committee; opportunity will be given to present problems Mr. Clarke said that they feel that he would be more of a resource person the the Safety group. Mr Fowle said that, as a matter of interest, we did a complete survey of sidewalks in town Planning Direc- tor is on the Safety Committee and submitted it to the Board of Selectmen The Chairman said that the Selectmen have always exercised their jurisdiction. All members of the Board are not present; will have to check with the full Board to see if they agree that prerogative still with the Board to make final decision. 333 Mr. Scanlon of the Housing Authority met with the Board . He said that there is an article in the Warrant to sell the Poor Farm Tract to the Lexington Golf Club He would like to request that it be deferred for a year. This is valuable property of the Town and should not be sold to a private person One hundred units in Roger Greeley Village will be ready by August; until they take applications and they are formally graded, he cannot aay how many senior citizens would be eligible If the Art4 idle is deferred for a year, we will have a better pic- ture and a more accurate appraisal There are 11 acres, 24 house lots , in the Poor Farm Tract . There are obvious requirements for additional housing in the future and the Housing Authority has been looking throughout the Town for land Mr Kenney asked if 11 acres are sufficient and Mr, Scanlon replied that there are 100 units on 10 acres now. The Chairman asked for the Planning Board ' s reaction. Mr Fowle said that the members were in favor of the Town indefinitely postponing the Article, if this is the desire of the Housing Authority The Chairman said that there had been a substantial move by the veterans that the land retain its present status Mr Fowle asked if this land had to be made available to veterans? Poor Farm The Chairman said it was originally voted to make Tract these lots available to veterans . In 1955 it was extended to include Korean veterans We have An Article in the War- rant but do not have a figure from the Golf Club Asked the Town Engineer for an estimate and to develop the lots would cpst $75, 000 The 11 acres have not been laid out and we couldn' t sell as house lots if layout and necessary services were not installed Mr Cataldo said that there was a letter on file from the Planning Board in favor of disposing of the land to the Golf Club The Chairman asked Mr Fowle for a letter from the Planning Board recommending a deferment, and Mr Fowle agreed to prepare the letter. Mr Worrell said that the decision to hold land should not imply any particular action at this time, can dispose of it at a later time Mr Scanlon said that there would have to be a zoning change. Need authorization of Town Meeting that there was a need for Senior Citizen' s Housing He felt that, within a year, the Housing Authority would be able to advise whether there is a need for this Mr. Scanlon retired at 10 18 P.M ze Mrs. Riffin said that the Planning Board would like to know how the Lloyd property would be used Lloyd The Chairman said , in the broad sense, for recreation Land purposes A road might have to be put in He asked if the Recreation Committee had a plan Mr Hayes replied that Metcalf and Eddy plan a play- ground in that area The Chairman said that an appointment had been made with the Appropriation Committee for 9:00 P.M. , on March 11, 1968 The Recreation Committee would also be present Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating, or voting on matters which if made public, Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person After discussion with the Recreation Committee and the Appropriation Committee concerning the financial in- tegrity of the Town, it was voted to go out of Executive Session Upon motion duly made and seconded , it was voted to adjourn at 11:35 P.M A true record, Attest : Executive Clerk, Secretary The next regular meeting of the Board of Selectmen will be held in the Selectmen' s Room, Town Office Building, on Monday evening, March 11, 1968, at 7:30 P M Ci 335 SELECTMEN'S MEETING March 11, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednesday evening, March 11, 1968, at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present . Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs . McCurdy, Executive Clerk, were also present. The meeting was called to order by the Clerk who stated nominations were in order for nominating a Chair- Organiza- man of the Board. tion Mr. Lincoln P. Cole, Jr. was nominated and the nomination seconded. There were no other nominations . Upon motion duly made and seconded, nominations were closed. Motion was duly made and seconded to elect Mr. Lincoln P. Cole, Jr. , Chairman of the Board for the ensuing year. Hearing was declared open upon petition of the Boston Edison Company for permission to locate one pole on Marrett Road. Notices of the hearing were mailed to the peti- tioners, owners of the property as listed on the petitioners' plans and also filed with the Superin- tendent of Public Works . Mr. Pratt, representing the Boston Edison Company, and Mr. Dunn, representing the New England Telephone and Telegraph Company, were present and it was explained that Pole a request had been made by the abuttor to relocate the Location pole to give more clearance at this driveway. No one appeared in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing pole location: Marrett Road, southwesterly side, approximately 386 feet southeast of Waltham Street,-- one (1) pole. One (1) existing JO pole to be removed. At the request of the Town Clerk, three jurors were drawn. Those drawn for jury duty are: John Sylder, 9 Foster Road; David G. Stevens, 48 Grove Street; and Jurors Donald B. Sparrow, 26 Wyman Road. le The Chairman introduced Mr. Joseph F. Burke, our Supt. of new Superintendent of Public .'lorks, as of today, and Public publicly welcomed him to the Town Staff. Works Mr. Gray read a letter from the Commissioner of Corporations and Taxation stating that certification must be received by him of the amounts for bonds for the Treasurer, Town Clerk, and the Collector of Taxes. Upon motion duly made and seconded, it was voted Amounts to sign the specified amounts for the following: of Bonds Mr. Paul G. Yewell, Treasurer, $96,000; Mrs. Doris E. Barclay, Collector of Taxes, 102 ,400; and Miss Mary R. McDonough, Town Clerk, $2,000. Mr. Gray said that the Public Works Department had taken bids for copper tubing and when all bids Copper were read and checked; George A. Caldwell Company was Tubing lowest bidder at $4,455.00. He recommended that the Contract contract be awarded to George A. Caldwell Company. Upon motion duly made and seconded, it was voted to award the contract for copper tubing to George A. Caldwell Company, SB Street, Hyde Park, Massachusetts for $4,455.00 Mr. Gray said that bids had been taken for Permarod Permarod boxes; bids may be taken under the by-law which allows Box Con- quotes under $1,000.00. When bids were read, C. A. Turner tract Company was the low bidder at $875.14. Upon motion duly made and seconded, it was voted to award the contract to C. A. Turner Company, 6 Marshall Street, Leicester, Massachusetts, for $875 .14. Mr. Gray said that the Town has had a public hearing on streets and the Board should act to lay out these streets. He said that the Planning Board had sent a letter recommending that three streets not be accepted as town ways at this time . The letter states that Street their action is taken on the recommendation of Town Hearing Counsel, as Ingleside Road is not completed for its entire length and has no approved second exit ; Clyde Place and Abernathy Road are dead-end streets which can be reached via Ingleside Road only and should not be accepted until Ingleside Road is accepted . The Chairman said to give the list of streets to Mr. Kenney. Upon motion duly made and seconded, it was voted to lay out the following streets: Carriage Drive, Circle Road, Coach Road, Sheila Road, Ewell Avenue, Grassland Street, Hillcrest Avenue and Vaille Avenue. L. 337 Mr. Gray said that he would like to discuss Blue Cross; he has been informed that the basic rate of Blue Cross is being increased, going up $1.46 a thousand, 50% Blue Cross of premium now being paid by the Town. We should add $7500 to Article 4 to cover. He said that he felt the Beard should know about the increase. Upon motion duly made are seconded, it was voted to sign an I. D. Liquor Card for Merilee Gail Schulz, I.D. Card 2 Vine Street. Mr. Gray said that the proposed trunk line sewer along Vinebrook will come out of the 1967 appropriation of $250,000; existing trunk is along Vinebrook into proposed subdivision. Mr. Gray showed the point on the map where Vinebrook Mr. Busa will pay costs. Sewer Mr. Gray said they have a dry sewer in for Laconia Street. This will connect to trunk under Article 16, connecting this trunk with Lowell Street . Upon motion duly made and seconded, it was voted to grant approval to go ahead with project and put out for bid the trunk sewer for Vinebrook Street . Mr Gray said that he had received a request from Mr. Busa asking that he put the drain in at 38 Circle Road under Town supervision. Mr. McSweeney said that he felt that subdividers should be restricted to a sill elevation; this situa- Circle tion would be settled by a catch basin. Road The Chairman said that it could be taken care of on subdivision. Mr. Greeley said that there should be control of sill elevation; would refer to the Planning Board. Upon motion duly made and seconded, it was voted to approve Bond No. 92-40-53 in the amount of $2,000.00, covering Miss Rita J. McNamara as Assistant Town Clerk. Bond Upon motion duly made and seconded, it was voted to approve Bond No. 89-81-91 in the amount of $3,000.00 covering Constable John J. Shine, Jr. The Chairman read a letter from the Woman' s American ORT requesting permission for a door to door campaign for funds on Sunday, April 7, 1968. Woman' s It was agreed that a letter be written to Amer. ORT 'Mrs.Levins of the Woman' s American ORT stating that the Board has no objection to a door to door campaign for funds on Sunday, April 7, 1968. I 3:05 z 14 ad The Chairman read a statement from the Commonwealth, Department of Public Works, regarding Chapter 90 main- tenance for the year 1967 in the amount of $11.397.L1.2. Upon motion duly made and seconded, it was voted to sign the statement for Chapter 90 maintenance for the year 1967 in the amount of $1.397.4.2 The Chairman read a letter from Mr. and Mrs. Ciccarelli stating that they oppose Articles 86 and Articles 87, (for Garden Apartments, Blossom Street) and are not in favor of a zoning change. The Chairman said that the letter is on the agenda for information. The Chairman read a letter from the AFL-CIO stating that as a result of the recent election on March 5, 1968 by the Town employees at the Public Works building, they request a meeting with the Board to discuss procedure and ground rules prior to collective bargaining. Mr. Cataldo asked if an official count had been received from the Department of Labor, and Mr. Gray replied in the negative. Mr. Kenney suggested that Mr. Gray be designated as Bargaining Agent. AFL-CIO The Chairman said that we could ask them to forego until after Town Meeting Mr. Cataldo said that he felt Town Counsel' s advice would be to say nothing until the count has been certified. Mr. Kenney recommended having a sub-committee. The Chairman said Mr. Gray 'has worked on salaries. Mr. Mabee said, perhaps a couple of members from the Salary-Revud Board.* The Chairman said that after certification comes in get in touch with the Department of Labor Industries, and set up a meeting with the AFL-CIO. The Chairman read a letter from Town Celebrations April 19th Committee inviting the Board of Selectmen to march in the parade on April 19, 1968 at 7:00 a.m. The Chairman read a letter from Mr. A. R. Turcotte, Jr. , USN Ret. , requesting permission for the USS Lexington Minuteman Club to use the Battle Green on Sunday, May 5, 1968 at 2:00 p.m. for Permission exercises honoring the men who lost their lives in for the sinking of the USS Lexington. Battle Upon motion duly made and seconded, it was Green voted to grant permission to the USS Lexington Minute- man Club to use the Battle Green on Sunday, May 5, 1968 at 2:00 p.m. * Mr. Gray said he would rather see a committee made up of the Board of Selectmen, not necessarily the whole Board. 33.E Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Minutes meeting held on February 26, 1968 . The Chairman read a letter from William H. Hardy, Managing Editor of Ford Farming stating that he had been informed that the Town has purchased 2,000 acres of land to be kept as open undeveloped space. He would like some information as to the future plans and benefits expected from this development . The Chairman referred the letter to Mr. Gray. Upon motion duly made and seconded, it was Annual voted to make the following annual appointments. appoint- (Quote) . * See page 341. ments Upon motion duly made and seconded, it was voted to grant abatements for water rates to the following: John Casey, $21.53; Drummer Boy Corp. , Abate- $8.75; Lucy Balekones, $6.65; Charles Clerk, $2.80; ments William Ash, $8.75; Frederick Fish, $8.75; Normal Merrill, $8.75. The Chairman read a letter from James Storer regarding Article 90, Peacock Farm land, which states that an estimate had been made for $38,000 and it is felt that the usefulness of the land to the Town is not sufficient to justify this expense; their motion on Town Meeting floor will confine itself to the purchase of a smaller portion of land which would provide access to the West Farm property via Mason Street, at an estimate of $3,300. Mr. Kenney asked if the alternative had been issued by the Planning Board . Mr. Greeley said that it had not been discussed by the Planning Board and they should be informed. The Chairman said that a copy of Mr. Storer's letter would be sent to Town Counsel. Mr. Greeley said he was impressed by the copy of the annual Town Report. The Chairman said he was very much impressed; the Committee and Chairman does a tremendous job, Town if we don' t get first prize this year. Report Mr. Gray said that the Reports are to be delivered to residents of the Town by the Boy Scouts. The Chairman said it would certainly be in order for the Board to make a statement of its appreciation for the job Mr. Zehner has done, and added, that he would highly endorse it . Upon motion duly made and seconded, it was voted to notify Mr. Zehner of the great apprecia- tion of the tremendous job he has done . 410 le c, The Chairman entertained a motion to go into111 Executive Session for the purposes of discussing matters affecting the finances of the Town, and Mr. Adams said that he felt that, unless it involves land, the meeting should be open; budgets should be in open meeting. The Chairman said that budgets have been con- Executive ducted in executive session. Session Mrs. Angela Frick, League of Women Voters, asked when she could see copies of executive session minutes and when they would be taken out of executive. Mr. Cataldo replied that the School Committee discussions were removed from executive minutes and added that there are many discussions that will never come out. The Chairman said that we will go into executive session whenever it is expedient; there are areas where, in the best interest of the Town, it is not wise to discuss in open meeting. Mr. Adams said that the law says that it is not to be in executive session after the purpose for what it was intended has gone; he felt that it should be reviewed in detail. The Chairman said that we have Town Counsel and asked if Mr. Adams agreed that the Board should be responsible for all previous records. Mr. Adams said that most of the cases dealt with land, negotiations on land, and matters of litigation. Mr. Greeley asked if it has been the practice to announce the issue to be discussed; he felt it a reasonable thing to do. At open session, you can ask if it should be released; if these people come back three weeks later and ask, can you release? Mr. Cataldo said that there are many subjects you cannot go into because of litigation. There are no votes taken in executive; final consideration and final vote done in open meeting . Mrs. Frick said that it leaves her with the feeling that she is being pushed out . Mr. Greeley said that there is no reason why Mrs. Frick should feel offended; we don ' t have an option of discriminating between open and closed. Mr. Mabee said that he could give an example where you would change your mind 100% - it wouldn' t be in the best interest of the Town. Mr. Kenney said that he felt that, where the Board could be more explicit, they ought to try. The Chairman said that we have tried to exercise the best possible judgment if the Chairman has knowledge that it could possibly hurt somebody. If we err, we err on the side of caution. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing deliberating or voting on matters which, if made pub- lic, might adversely affect the public security, the financial interest of the Town or the reputation of any person. After discussions with the Recreation Committee and Appropriations Committee, it was voted to adjourn at 12:15 p.m. A true record, Attest: oO 7,1 g16----"-^" )97 (10. Executive k lJ APPOINTMENTS (Terms expiring March 31, 1969, unless otherwise noted) Building Inspector Donald K. Irwin Wire Inspector Robert K. Jeremiah Director of Civil Defense Arthur E. Burrell Director of Veterans' Benefits & Bernard J. Belcastro, Jr. Services Executive Assistant, Selectmen Albert Gray, Jr. Executive Clerk, Selectmen Eleanor M. McCurdy Fence Viewers Rev. Harold T. Handley John J. Garrity Field Drivers James F. Corr Carl A. Carlson Appointments Insect Pest Control Paul E. Mazerall Lockup Keeper James F. Corr Park Department Superintendent Paul E. Mazerall Public Works Assistant Superin- Thomas M. Wenham tendent Registrar of Voters (Three year term) Ralph H. Elvedt Town Engineer John J. McSweeney Tree Warden Paul E. Mazerall 342 co w. Veterans' Graves Officer Bernard J. Belcastro, Jr. Forest Warden - May 1, 1969 William P. Fitzgerald Dog Officers - April 1, 1969 Dr. Howard A. Smith Sgt. Carl A. Carlson Superintendent of Public Works Joseph F. Burke Sealer of Weights and Tip Measures Bernard J. Belcastro, Jr. 343 SELECTMEN'S MEETING March 18, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday evening, Margh 18, 1968, at 7:15 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mr. Gray, Executive Assistant, Mr Legro, Town Counsel, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenbam, Assistant Superintendent of Public Works, and Mrs . McCurdy, Executive Clerk, were also present. Mr. Legro said that he had the deed to convey tax title lot, 7B Bow Street, to the A & D Realty Company and requested the Board to sign the deed. Tax Title Upon motion duly made and seconded, it was voted to sign the deed to convey tax title lot, 7B Bow Street, tp tie A & D Realty Company. Mr. Legro said that he had an Order of Taking of easements for the Rangeway Trunk Sewer. Upon motion duly made and seconded, it was voted Rangeway to execute the Order of Taking as prepared and sub- Trunk mitted to Town Counsel. Sewer Mr. Legro said that Notices of Intent must be filed on Rangeway and Hartwell Avenue trunk sewers . The permit issued by the Division of Water Pollution Control was on the condition that the Town comply with G. L. Chapter 131, Section 40, by filing, by registered mail, a notice of intent with the Depart- meit of Public Works*at least thirty days prior to the start of the project The Chairman asked who would make out the appli- cation and Mr. Legro replied that the Board of Selectmen would, through our Public Works Department. Plans should be attached to the Notice of Intent to assist in making the necessary determinations . The Hartwell Avenue sewer should also be included as this is part of the project included in the permit . Upon motion duly made and seconded, it was voted to certify the character of Streeter Stuart, 7 Brent Road, who has applied to the Secretary of the Common- Cert. of wealth for a Certificate of Incorporation, Satis- factory character reference was received from the Chief of Police. * and natural resourses 3414 Mr. Yewell said that bids have been received on borrowing $1,000,000 on taxes and the two low bidders are the Lexington Trust Company, $500,000, 3.24 dis- counted, and the State Street Bank and Trust Company, in the amount of $500,000, 3.29% discounted; he requested the Board to sign. Treasurer Upon motion duly made and seconded, it was voted to sign the notes, certificates and the delivery authorization to the Lexington Trust Company in the amount of $500,000, 3.2I % discounted, and the State Street Bank and Trust Co. in the amount of $500,000, 3.29% discounted. The Chairman read a letter from Commissioner Ribbs, Department of Public Works, regarding the Chairmants inquiry concerning the extension of Route 3 from the junction of Route 128. Commissioner Ribbs Route 3 stated that it is the considered judgment of DPW officials and engineering staff that the extension cannot be justified as a part of the present pattern of planned expressways for the Metropolitan Area. Mr. Zehner addressed the Board and introduced Boy Scouts Marcus and Benjamin Soule and Lee Nonne- maker and said that they had supervised the distribu- Town Report tion of 9500 Town Reports to the citizens of the Town; there were 140 Boy Scouts involved in the operation. Mr. Zehner congratulated the boys on doing such a splendid job and presented each one with a sterling belt buckle. The Board of Selectmen thanked the Boy Scouts and commended them for their generous contribution. Mr. Kent came into the meeting. The Chairman asked the Board to consider moving up Artiele on Great Meadows at Town Meeting as Arlington has an Article for a Golf Course on Great Meadows and he Great felt that, if our Town Meeting takes action, it will Meadows influence any action they take. Mr. Kent suggested that Great Meadows be taken after Article 13. The Chairman said that the Appropriations Committee does not go along with $11,500 for Town Clerk; they are talking $10,000, and asked what position the Board would take . His personal feeling was that the Salary Revue Board had indicated some raise; there would be no support at $12,500 so the recommendation should be $11,500 345 Mr. Cataldo said that last year, Miss McDonough' s gross salary was $11,500; in the transition, she is still taking care of Blue Cross for the Town. The Board unanimously agreed to back $11,500. The Police Budget of $59,000 was discussed and the Chairman said that he had talked with the Chief. $61,000 includes radar and stun guns . Mr. Gray said it did not include the video tape recorder. Mr. Cataldo said that he would rather see the radar included than the tape recorder. Mr. Mabee said that if the Chief wants the video tape recorder v.s. radar, he wants $1400.00 more. Mr. Gray said that the Appropriations Committee agreed 4 discuss it this evening. Upon motion duly made and seconded, it was voted to adjourn at 7:50 p.m. A true record, Attest : Executive Clerk, Selectmen The next regular meetingof the Board of Selectmen will g be held on Monday evening, March 25, 1968 at 7:00 p.m. , in the Selectmen' s Room, Town Office Building. 3 416 SELECTMEN'S MEETING March 25, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, March 25, 1968, at 7:00 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Super- intendent of Public Works, Mr McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present . Mr. Gray said that he had an application request- ing permission to use Cary Hall on Sunday, March 31st, for a lecture to be given by a South Vietnamese official. Cary Hall This is to be sponsored by the Methodist Peace Division, Vietnam Education Project; Mrs. Rosenblum, 36 Locust Street, has made application for the lecture. The Board agreed that the lecture was neither re- ligious nor of a political nature and approved the application. Upon motion duly made and seconded, it was voted to grant permission to the Methodist Peace Division to use Cary Hall on March 31, 1968 for a free lecture. Mr. Gray read a letter from Philip M. Domina zte- garding an application for a taki license. Mr. Domina had been denied a license because of a conviction, in 1963, of operating a vehicle while under the influence of liquor. The By-Laws state that no conviction take place in ten years, and he requested reconsideration by Taxi the Board as he is recovering from a leg operation and license has been offered a job by the Lexington Cab Company. His regular position requires that he spend most of the day on his feet and, rather than apply for relief benefits until he is fully recovered, he appealed to the Board to grant the license . Upon motion duly made and seconded, it was voted to ha_ve the restriction in the By-Laws and to grant a taxi license for a period of thirty days to Philip M. Domina. The Chairman read a letter from the President of the Visiting Nurse Association requesting an appointment Appointment of a member of the Board of Selectmen to the Board of Directors . Upon motion duly made and seconded, it was voted to appoint Mr. Roland B. Greeley a member of the Board of 111Directors of the Visiting Nurse Association. 347 The Chairman read a letter from Cornelius Cronin, Chairman of the 19th of April Committee, requesting that a member of the Board of Selectmen be appointed a judge of the float competition for the parade. Appointment Upon motion duly made and seconded, it was voted to appoint Mr. Allan F. Kenney as judge of the float competition for the 19th of April parade . The Chairman read a letter from the Lexington Committee to draft Rockefeller and requested permis- sion to set up tables for citizens to sign petitions to draft Mr. Rockefeller. The requested locations of the signature tables are on the north side of Massachusetts Avenue and the Town Dump. The Chairman said that he had no objection to granting permission on the north side of Massachusetts • Avenue . Mr. Cataldo disagreed and said that if permission is granted on Town property, the Town assumes liability, Permit He felt that the Committee should ask the Harvard Trust Company for permission as the location requested is near their property. The Chairman asked Mr. Gray to talk to the bank and let them decide to grant permission. He asked the Board to express their views regarding the Dump. Mr. Cataldo did not feel that tables should be set up at that location. The Chairman asked Mr. Gray to explain the difficul- ties of the situation to the Committee to draft Rockefeller. The Chairman read a letter from Mr. Burrell request- ing an appointment to the Rationing Board to replace Mr. Lewis L. Hoyt. Appointment Upon motion duly made and seconded, it was voted to appoint Mr. George C. Sheldon a member of the Lexington Rationing Board. The Chairman read citizens' petition for a side- walk for Coolidge Avenue and asked that a letter be written thanking them and to inform them that, when Coolidge sidewalks are discussed, they will be considered. Avenue Upon motion duly made and seconded, it was voted to sign the Common Victualler licenses for the follow- ing, both having been certified by the Board of Health; Common Minute Man Restaurant, 1715 Mass. Ave. and Pepe 's, Victualler 856 Mass Avenue. 348 z c Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation for Robert Orr, Cert. of 9 Patricia Terrace, "Adventures in Music, Inc. ," having Inc . received character references cleared by the Police Department. Upon motion duly made and seconded, it was voted to sign abatements for the following: Water Rates, Charles Miller, $8.75; Joseph Volpe, $8.05; George Abatements Avakian, $12.95; W. B. Mason, $4.55; Samuel Stein, $8.75; Middlesex County Sanitorium, $225.24; Frank Strong, $46.87; Normah Prendergast, $8.75. Water Betterment Assessment, Donald and Sonja C . Johnson, $46.50. Use of ambulance, Mrs. Laura Lufkin, $2.00. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen' s Meetings Minutes held on March 11 and March 18, 1968. The Conservation Committee met with the Board to discuss Conservation Articles before going to Town Meeting. Mr. Sussman said that they would like to solicit the support of the Board of Selectmen on Articles 68 and 69. The Committee had discussed these briefly with the Appropriations Committee and the Planning Board, and he felt that the Board of Selectmen was aware of the advantages and might want to ask questions regarding the land. Articles The Chairman referred to the hills of gravel on 6b & 69 the Utica Street land , Article 69, and commented that the Town could probably save some money on fill. Mr. Sussman said that the Conservation Committee was not in a position to make a definite commitment on gravel at this time. The Chairman said that it is a consideration of Town Meeting members whether fill could be used. Mr. Mabee asked what the Planning Board' s position was on Article 69. Mr. Sussman said that the motion that the Conserva- tion Committee would present would not have the Emerson Road corridor in it and , putting it this way, he felt that Town Meeting would support the Article . Mr. Kenney asked about the Chandler land, Article 68, at $14,000. The Chairman said he felt he could support $14,000, and asked the feeling of the Board. Mr. Mabee said that he wanted to hear what the Planning Board had to say. Mr. Cataldo said that, when it was discussed with 349 the Appropriations Committee both Boards were opposed to it and asked if the Appropriations Committee bad changed their minds. The Chairman said that the Appropriations Committee had said that it is a postponable item. Mr. York said that he didn' t like to look at the negative side but, if Article 69 does not pass, would the Board support Article 68? The Chairman polled the Board; Mr. Kenney agreed to support it; Mr. Mabee and Mr. Cataldo replied in the negative, but, On reconsideration, would vote in the affirmative. Mr. Greeley said that he would support Article 68, but not Article 69. Mr. Cataldo said that we had agreed to support Article 69, if the Planning Board gives good and sufficient reasons not to support Article 69. I will not support it . The Chairman said that the Board will listen diligently and will vote accordingly. The Conservation Committee retired. Mr. Logan Clarke, Chairman of the School Committee, and Mr. John Grant, Cemetery Committee, were present for the annual legal meeting with the Board and Mr. Gray Legal reported to the Board that Mr. Parrish, Chairman of the Meeting Appropriations Committee, would not attend as, under the ' new By-Laws, the legal meeting was no longer necessary. Mr. Logan Clarke, Chairman of the School Committee, and Mr. John Grant, Cemetery Committee, were present for the annual legal meeting with the Board and Mr. Gray reported to the Board that Mr. Parrish, Chairman of the Repetition Approrpiations Committee, would not attend as, under the new By-Laws, the legal meeting was no longer necessary. The Chairman thanked Mr. Clarke and Mr. Grant for coming. Hearing was declared open upon petition of the Boston Edison Company for permission to locate one pole c Brant Street. Mr. W. E. Stickney, representing the Boston Edison Company, was present and explained that the transformer on the existing pole would be relocated on the new pole . No one appeared in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded it was voted to approve the following pole location: Grant Street, northwesterly side, approximately 137 feet northeast of Massachusetts Avenue, -- One ( 1) pole. 350 o Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. After discussion concerning the Lloyd land it was voted to adjourn at 7:55 p.m. A true record, Attest; ED9-e-r-"-'1- 21) )lt ›-1-0' Executive Clerk, Selectmen The next meeting of the Board will be held in the Selectmen' s Roam, Town Office Building, on Wednesday evening, March 27, 1968 at 7:00 p.m. G�� 351 SELECTMEN'S MEETING March 27, 1968 A meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednesday evening, March 27, 1968, at 7:00 p.m. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, and Mrs. McCurdy, Executive Clerk, were also present. Police Chief Corr met with the Board to discuss the appointment of a new patrolman to the Police De- partment . Chief Corr said that Richard F. Petrino was on the Civil Service list established September 25, 1966 and James M. Ahern was on the list established on Patrolman August 4, 1967. His strong recommendation to the Appointment Board was for Mr. Ahern to be appointed as he felt he was more qualified and more mature. Upon motion duly made and seconded, it was voted to appoint James M. Ahern, 106 Prairie Street, West Concord, as a Patrolman at an annual salary of $6700.00, effective April 15, 1968 . Mr. Greeley asked what the prospects are for ob- taining more policemen . The Chairman replied that there is to be an examination in April and asked the Board for authority to talk with the Director of Civil Service. It was agreed to grant authority to the Chairman to talk with the Director of Civil Service and proceed with arrangements for obtaining applicants for the Lincoln St. Police Department. Mr. Gray said that he had received a bill from Mr. Bond, submitted by Olmsted, Inc. for $1,000.00 covering plan and estimated costs of the Lincoln Street recreation area. This bill is to be paid by the School Department, but Mr. Gray said that he would like the approval of the Board Upon motion duly made and seconded, it was voted to grant approval of the bill from Olmsted, Inc. in the amount of $1,000 for a plan and estimated costs for the Lincoln Street recreation area, to be paid by the School Committee. 3 J2' Mr. Gray said that if Town Meeting turns down $150,000 for the Lincoln Street recreation area, there was no commitment to Olmsted, Inc. He said that the Appropriations Committee agreed to carry the figure of $20,000. Mr. Cataldo said that we would like to delete the word "design" in the motion, so there will be no question in anyone ' s mind that we are not getting money for design purposes . He also said that the gas problem must be taken care of at the dump; he hoped that the Appropriations Committee would amend to $25,000. The Dog Leash Article was discussed and the Board agreed to oppose it. Upon motion duly made and seconded, it was voted to adjourn at 7:LE0 p.m. A true record, Attest Oh 'xecutive Clerk, Se ectmen The next regular meeting of the Board will be held in the Selectmen' s Room, Town Office Building, on Monday evening, April 1, 1968, at 7: 00 p.m. I 3 e53 SELECTMEN'S MEETING April 1, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, April 1, 1968, at 7:00 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present . Mr. Legro, Town Counsel, Mr Gray, Executive Assistant, Mr. Burke, Superin- tendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present . At the request of the Town Clerk, three jurors were drawn. Those drawn were: John E. Marques, Jurors 10 Richard Road; Milton M. Klein, 54 Burlington St. ; Harold L. Morian, Jr. , 9 Millbrook Road. Mr. Gray said that he had received a bill from Mr. Gary, Chairman of the Buckman Tavern Reconstruc- tion Committee, which was submitted by D. J. McCarty Construction Company for approved work completed at the Buckman Tavern during the month of February, in Buckman the amount of $5,510.00. Tavern Upon motion duly made and seconded, it was voted to approve the payment of the bill submitted by the D. J. McCarty Construction Company, in the amount of $5,510.00, for approved work completed at the Buckman Tavern during the month of February. Mr. Gray said that bids had been received on the purchase of six cars to be equipped as Police cruisers and they are as follows: Lexington Auto Sales, Inc. , $8080.66; Rowe Chevrolet, $8424.00; Lawless Motors, Inc. , $15,585.00. Mr. Gray recommended that the Lexington Auto Police Sales, Inc. , as low bidder, be awarded the contract. Cruisers Upon motion duly made and seconded, it was voted to award the contract to the low bidder, Lexington Auto Sales, Inc. in the amount of $8080.66, for the purchase of six cars to be equipped as Police Cruisers. Mr. Gray said that he had received quotations from the John F. Shea Company, Inc . for additional repairs to be made on the left side of the main roof of the Cary Memorial Building. These are II necessary repairs and consist of work done to the chimneys, replacing copper vent pipes, and slate 354 w. work, in the amount of $970.00. Also, a quotation was received to approximately replace a p p ely 150 to 200 slates, in the amount of $$713.00. Upon motion duly made and seconded, it was voted to award the contract for repairs to the roof of the Cary Memorial Building in the amount of $970.00 for replacing copper cricket in the rear of the existing chimney, replacing copper apron, install copper flash- ings, wall cap, vent pipe, and slate work. Upon motion duly made and seconded, it was voted to award the contract for replacing approximately 150 to 200 slates on the left side of the roof of the Cary Memorial Building, in the amount of $713.00. Mr. Gray said that bids had been received for the garbage collection and disposal contract. Low bidder, on a three year basis, was Stanley Roketenetz, Inc. and the recommendation was that the contract be awarded to the firm. Upon motion duly made and seconded, it was voted that the garbage collection and disposal contract be awarded, on a three year basis, to Stanley Roketenetz, Inc . at the following terms: For the year commencing June 1, 1968 and ending May 31, 1969, $66,000. For the year commencing June 1, 1969 and ending May 31, 1960, the sum of $68,000. For the year commending June 1, 1910 and ending May 31, 1971, the sum of $70,000. Hearing was declared open upon petition of the Telephone Company to install 70 feet of underground cable. Notices of the hearing were mailed to the petitioners, owners of property as listed on the petitioners! plan and also filed with the Superintendent of Public Works . Mr. Dunn, representing the Telephone Company, was the only person preFant at the hearing. He stated that the petition was for the installation of 70 feet of underground cable on Wood Street. Both conduits would go in the same trunk; only one trunk was needed to con- nect existing wires . No one was present in favor or opposition, and the Chairman declared the hearing closed . Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following underground conduit location: e 355 Wood Street : Westerly side, southeasterly from pole 115/32 approximately 70 feet of underground conduit. Mr. Dunn presented a petition for a pole location on Bedford Street, southeast of Shirley Street, to ser- vice the Housing Authority development for the elderly. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following pole location: Bedford Street, southwesterly side, approximately 150 feet southeast of Shirley Street, One (1) pole (One existing JO pole to be removed) . The Chairman said that the date should be set for the Special Town Meeting. Special Upon motion duly made and seconded, it was voted Town that the Special Town Meeting is to be held on June 3, Meeting 1968. Mr. Gray read a letter from the interim Wire In- spector regarding electrical services for the Town Office Building . He requested permission to obtain Town cost estimates for new direct service for the Town Office Office Building. Permission was granted by the Board . Building Upon motion duly made and seconded, it was voted to close the Warrant for Special Town Meeting on Warrant April 22, 1968. Mr. Gray read a letter from Belli Bros . , Inc. regarding the contract for streets, drains, and side- walks. They request that Philip Road be deleted from the contract because of access complications. Mr. Gray recommended that Philip Road be deleted. Contract Upon Motion duly made and seconded, it was voted to delete Philip Road from the list, as requested by Belli Bros., Inc . The Chairman read an invitation from the Concord Public Ceremonies Committee inviting the Board of Selectmen to their annual parade on April 19th at 8.30 a.m. It was agreed that a letter be written to the Committee thanking them for their invitation but the Board regrets it will be unable to attend be- cause of the Lexington parade. I) Li 471 The Chairman read a letter from the Commonwealth regarding a hearing to be held on the petition of Hearing Bernard J. Correlle, North Reading, for authorization by the Department of Public Utilities to carry on a charter bus business originating in Lexington. Mr. Gray was asked to make inquiries and attend, if necessary. Upon motion duly made and seconded, it was voted to issue a proclamation declaring Apri 12, 1968 as "Coffee Day for Crippled Children." Upon motion duly made and seconded, it was voted Minutes to approve the Minutes of the Selectmen' s Meetings held on March 25 and March 27, 1968. Upon motion duly made and seconded, it was voted to approve the following appointments : Board of Appeals Howard H. Dawes Board of Appeals (Associate Logan Clarke, Jr. Member) John t . Blaisdell Appoint- Ruth Morey nebts Robert H. Farwell Woodruff N. Brodhead George W. Emery Gemmel Legacy Income Trustees James E. Collins Margaret L. West Board of Public Welfare and Howard K. Dawes Old Age Assistance Bureau Robert K. Taylor Robert P. Trask, Jr. David F. Toomey Martin A. Gilman Standing Plumbing and Building By-Law Committee George E. Bullock Article 7i- was discussed and Mr. Legro said that the Appropriations Committee asked that there be a Article limitation of three years on the terms of borrowing. 74 Mr. Cataldo said that the Board had agreed to three years. Mr. Gray asked if it would be three years from the time the money was actually borrowed and Mr. Legro answered in the affirmative. The Chairman read a letter from the Massachusetts Port Authority which answered an inquiry made by him. It stated that the plans at Hanscom Air Field in Bedford call for the continuation of general aviation type 357 activity and they hope, by the construe:tion of small T hangar facilities, to further develop ;his business. There is a recently inaugurated service from New Hampshire to Bedford and from Bedford to New York City. There are no plans for Hanscom Field to become a major passenger terminal, but they hope to continue thre senile type of activity. Mr. Gray was asked to give a copy of the letter to the Minute-man newspaper. The Hartwell Avenue Sewer was disi;ussed. Mr. Legro said that he was in the process of preparing the Order Hartwell of Taking and asked the Board to make the determination Avenue of damages. The Board agreed to award no damages. Upon motion duly made and seconded, it was voted to award no damages on the Hartwell Avanue ! sewer easement taking. Upon motion duly made and seconded, it was voted to hold a Selectmen' s Meeting on Wednesday evening, Meeting April 3, 1968, at 7:00 p.m. Upon motion dulymade and seconded it was voted p , to go into Executive Session for the pirpoae of dis- cussing, deliberating or voting on mattersiwhich, if made public, might adversely affect this public security, Executive the financial interest of the Town or the reputation of Session any person. After discussion concerning the Town Counsel and an employee of Public Works, it was voted to adjourn at 7:55 p.m. A true record, Attest: Executive Clerk, Selectmen The next meeting of the Board of Selectmen will be held in the Selectmen' s Room, Town Office Biilding, on Wednesday evening, April 3, 1968, at 7:00 p.m. 58 Sn CTMEN'S MEETING April 3, 1968 A special meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednesday evening, April 3, 1968, at 7:00 p.m. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mrs . McCurdy, Executive Clerk, was also present . Mr. Cataldo brought up the subject of reconsideration of Article 69. He said that there was a meeting of the minds of the Planning Board and the Conservation Commission on a revised approach. It is his feeling that the Board should support reconsideration and the Article that is going to be presented. The Board generally agreed. Mr. Kent came into the meeting and a discussion followed on Articles to be presented at Town Meeting tonight . Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m. A true record, Attest: )27- >x-e-a--„6, Executive Clerk, Selectmen The next regular meeting of the Board of Selectmen will be held in the Selectmen' s Room Town Office Building, on Monday evening, April 8, 1968, at 7:30 p.m. ✓ GC :359 SELECTMEN'S MEETING April 8, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, April 8, 1968, at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney, and Greeley, Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present . Mr. Gray read a letter from Mr. Sherman requesting the installation of sewer service at 14 Ridge Road, in exchange for a sewer easement. The Board agreed to have the letter put on file Sewer for discussion at a later date. read Mr. GrayAa letter from Mr. Legro, requesting a transfer of $575.00 from the Reserve Fund, to settle Transfer claims on Blossomcrest Road . Mr. Legro stated that the appropriation for alteration and relocation of Blossom- crest Road under Article 59 of the Warrant for the 1967 Town Meeting had been exhausted by the payment of apprai- al fee, engineering fee, and construction costs. Upon motion duly made and seconded, it was voted to request the Appropriation Ccmmittee to transfer the sum of $575.00 from the Reserve Fund to Article 59 of the Warrant for the 1967 Annual Town Meeting. Mr. Gray read a letter from Whitman and Howard regarding the force main from the Brooks Street Pumping Station. The letter stated that construction must be under way by June 1, 196ti or the Town faces loss of the Federal Aid allotted for this program. Mr. Gray said that he had talked with Mr. Legro and asked him to call Mr. Greeley, Division of Water Pollution Control, and discuss the situation with him. Force Mr. Gray said that the original application for the Main grant had been signed by Mr. Carroll and the present plans differ somewhat from the original plans; a 20" pipe is to be installed pkrt way and then a30" pipe is to be installed. Mr. Gray requested the Board to authorize Mr. Burke, Superintendent of Public Works, to sign a new application setting forth new specifications. The application is to say that Bedford is involved. The Chairman said that this would be the first order of priority and asked about the time element. Mr. Gray replied that as soon as the permit is received from Mr. Greeley we can advertise immediately. Upon motion duly made and seconded, it was voted to authorize Mr. Burke to sign a new application for the force main from the Brooks Street Pumping Station. Mr. Gray read a letter from Whitman and Howard regarding sidewalk construction on Pleasant Street, Middle Street and Tufts Road. Mr. Gray said that there was not enough money available to do Pleasant Street but suggested that if the Board felt that it had high enough priority, this year' s money could be used. Pleasant The Chairman asked if there was any way we could Street get a transfer of funds, as there are other sidewalks to be done this year. Mr. Gray recommended that Pleasant Street be deleted and put back to next year; Pleasant Street has third priority. Mr. Greeley said that postponing Pleasant Street for one year is not going to solve the problem. The Chairman asked how much time was involved before acting on the bids and Mr. Gray replied that, legally, the Town has thirty days before the contract . Mr. Cataldo said that he felt it should be referred to the Traffic Committee with the recommendation to put out one contract for two years' budget. Upon motion duly made and seconded, it was voted to refer the construction of sidewalks on Pleasant Street to the Traffic Study Committee . The Committee is to report to the Board on next Monday evening. Mr. Gray said that Mr. Burnell was interested in Lots 98 and 99 Taft Avenue. When the original deed was written, the two lots were to be combined with lots 100 to 1014. to make 150' frontage. In 1958, the Board of Selectmen voted to make two 75' lots, but the deed written then does not so specify. Mr. Burnell requests that the deed be changed to indicate two 75' lots . Taft Ave . The Chairman said that a previous Board had made Lots a coimaitment for two 75' lots and asked Mr. Gray to check with the Planning Board to see if there was any reason for it to remain a 150' lot. If the Planning Board sees no valid reason, the Board will agree to two 75' lots. Mr. Gray read a letter from the Chamber of Commerce asking about clarification of the law regarding Friday, April 19th. 1 361 The Chairman requested that a letter be written to the Chamber of Commerce informing them that, although April 19th is a legal holiday in Massachusetts, the Sunday closing laws do not apply. The Board has no 19th of legal way to require business establishments to be April closed. If a store wishes to remain open there is nothing the Board can legally do about it, except to ask their cooperation to help celebrate this holiday. Mr. Gary of the Buckman Tavern Committee met with the Board. He said that the Contractor had completed the work on Buckman Tavern and it will be open on April 19th. After the McCarthy Construction Company and the Consultant ' s fees are paid, there is a balance of $1740.00. During the winter same additional damage was revealed and the Consultant recommended that repairs be made; funds are available to take care of them. Mr. Gary requested approval of a bid in the amount of $1490.00, submitted by Paul E. Dutelle and Co. , Inc . for the additional repairs . If approved, the Consul- tant' s fee will be $149.00. Of the $25,000 appro- priation, there will be a balance of $101 .00. Mr. Gary said that the kitchen ceiling is in a weakened condition and it will be less than $200.00 to repair it. Upon motion duly made and seconded, it was voted to award the contract for repairs to the Buckman Tavern to Paul E. Dutelle and Co. , Inc. in the amount of $1490.00. Mr. and Mrs. Pisiello and their attorney, Julian Soshnick, met with the Board. Mr. Soshnick said that Mr. Pisiello owns some dogs and, on March 20, 1968, he received a letter from Officer Carlson ordering him to restrain the dogs from running at large when off the premises and also to immediately suppress the barking of said dogs both Pisiello day and night . Mr. Soshnick said that this appear- Dog ance before the Board was in the nature of a complaint; that no one spoke to Mr. Pisiello about the dogs; he had just received a letter in the mail. The Dog Officer did say that there were no complaints in writing. The Chairman said that, normally, on a dog hearing all parties are notified, the Dog Officer is present, and the complaining parties . Mr. Soshnick showed photographs of the clogs behind the fenced-in area which had been built to restrain them. He said that, occasionally, a dog does get loose. The Chairman asked if Mr. Pisiello knew whether the Dog Officer had made any attempt to get in touch with him. Mr. Pisiello replied that the Dog Officer had sent a patrol car to tell his wife about the complaint on the evening of March 19th and the letter from the Dog Officer arrived on the next day. 362 The Chairman said that the key to the situation is a written complaint to the proper people, the Board of Selectmen. Mr. Soshnick said there would have to be a written complaint. He felt that the Dog Officer was over- zealous; he didn' t take the trouble to talk with Mr. Pisiello, he had made an independent determination. Mr. and Mrs. Pisiello did not have the opportunity to say agything. The Chairman said that it was the Board' s pre- rogative to talk with the Dog Officer and request a review. Mr. Soshnick said he suggests that the order be rescinded. The Dog Officer was only attempting to do his job, that he didn' t doubt that he has the authority to restrain the dogs. Some of the neighbors will say that the dogs do not bother them. Mr. Gray said that he had talked with the Dog Officer and was told that there was a complaint, not a written complaint, from a woman who had a sick child. The Chairman asked Mr. Gray to get a full report on the case . A group of residents of Bridge Street met with the Board. Mr. Benjamin Cohen said that the original petition was submitted about a year ago. Only 500' from Valley- field to Waltham Street has not been paved, and it was their understanding that the street would be paved this year. The Chairman said that there are certain limits Bridge placed on everything we do in Town, sewers, sidewalks, Street streets. We can' t do many streets. Does not deny that it needs to be done; comes down to judgment at the time, the percentage of people that want it and the number of vacant lots; there are eight vacant lots on this street. Mr. Lindell said that there are no vacant lots now; the last two lots have homes on them but are not sold. 100% of the residents want the street paved. Mr. Greeley asked how many people had signed the original petition and Mr. Lindell said that there were eighteen signatures. The Chairman said that in order to build streets, we have to go through the formality of layout. It is unlikely that we could do it this year; have used up all the money available this year. The facts as they are not presented would lend it favorably for next year. Mr. Ray Townsend said that he understood that 3G3 1 Grassland Street is to be done. He felt that if you bring heavy equipment into this area, why not do Bridge Street; it would cut down costs if home owners pay for the street. The Chairman said that they don ' t, not even half. The Board agrees that it is a bad street; wish we could do more but the appropriations of money preclude us doing this. There would have to be an Article in the Special Town Meeting. Mr. Kenney said that Bridge Street would have high priority next year. We have a limited budget and have more requests than money. Mr. Cohen said that he had a petition, drafted by all residents of Bridge Street, and presented it to the Board. The Chairman said it is the first petition to be submitted for the 1969 budget, and informed them that they will receive another petition stating what assessment would be on each home owner. Mr. Cohen asked if everyone would have to agree to this to get the street. The Chairman said there was no question that the condition of the street is a good case in point. The Street will cost $18,000; the Board recommends putting in sidewalk on one side, particularly if it hooks up to a street near a school. Mr. Mabee said that the right of way was 50+ ; there was plenty of room for a sidewalk. Mr. Cuccinello said that when they put the sewer in about a year and half ago he watched the workers. When they backfilled, they dumped the same material back in. He asked the inspector why they weren' t using gravel instead of putting the same material back. He said the inspector answered that the gravel was too expensive. The Chairman asked if the pipe was covered. Mr. Cuccinello said that very little gravel was used. The Chairman said that when the vote is taken on intent to lay out , you have top priority. Mr. Greeley asked if there was a need for drainage on Bridge Street. Mrs. David Poynton said that the culverts were removed. Mr. Cataldo asked who had removed them and Mr. Poyntonsaid that the builder had removed them and never rSplaced them; now we have no drainage on our lots. In front of his home there was a hole 141/2' to 5' deep. It was very dangerous and he asked the Town to fill it in. 111 The Chairman said that the solution is proper construction and drainage . 3" a Mr. Greeley said that it was an Engineering Problem. Mr. William Copp said that the Town maintains that they have no control over the traffic; people use Bridge Street as a cutoff for Marrett Road. When it is paved, the traffic will be heavier. The Chairman agreed and said that this is a problem that occurs when many streets are paved. Mr. Cuccinello said that he didn' t understand why, if Bridge Street is a private way he could not park his car in the street during the winter without getting a ticket. The Chairman explained that the law is that no parking in the street is allowed because of snow removal; the Town plows unaccepted streets . Mr. Cohen asked about additional lighting and if they had to petition; there are two lights on the street now. The Chairman said that there is a certain amount for street lighting; this year we only had $2,000 to spend. Mr. Greeley asked the Clerk to make a note that a request was made for street lights. A request was made for a street sign. Mr. Mabee said that a sign could be put up marked "Private Way" . Mr. Gray agreed. The Bridge Street group retired. Upon motion duly made and seconded, it was voted lI Auctioneer to sign the Auctioneer' s License for William A. Sennott, 229 East Street. Upon motion duly made and seconded, it was voted Polls that the polls will open from 7:30 a.m. to 8:00 p.m. on Tuesday, April 30, 1968 for the Presidential Primary. Special Upon motion duly made and seconded, it was voted Police to appoint Special Police Officers for terms expiring Officers March 31, 1969. (See list at end of Minutes . ) The Chairman read a letter from Dr. Israel Mirsky, 20 Mason Road, requesting permission to connect a cellar drain to the existing storm drain on Mason Road. Dr. Mirsky Mr. Burke and Mr. McSweeney have inspected the Drain property and Mr Burke recommended that the Board Connection grant the request. Upon motion duly made and seconded, it was voted to grant permission to Dr. Israel Mirsky, 20 Mason Road, to connect a cellar drain to the existing storm drain on Mason Road. 365 Upon motion duly made and seconded , it was voted to sign abatements for water to the following: Gerald Meadows, $75.95; Pasquale Luongo, $8.75; Allen B. Wilson, $8.75; James Mahoney, $60 00; John Peterson, $8.75; Martin Abkowitz, 57. 75; Abatements Abatements John Taylor, $30 22; Lee Najarian, $22.03; Harry Farrington, $8 75; Patrick McLaughlin, $29.10; Richard Reckard, $19.32; Annie Hopkins , $3.15; Frank Busa, $8.75; H. W. Smith, $30.09. Upon motion duly made and seconded, it was voted Minutes to approve the Minutes of the Selectmen' s Meetings Minutes held on April 1, and April 3, 1968 . Upon motion duly made and secondee, it eras voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town or the Executive reputation of any person. Executive Session After discussion affecting the reputation of a Session Town employee, it was voted to resume the open meeting. The Chairman read a letter from Mr. Peckham of the Cary Lecture Committee, inviting the Selectmen Invitation to attend the Cary Lecture Program on Saturday, April 20, 1968. It was agreed that the Board of Eelecbmen would attend. Mr. Kenney said that we now have $10,000 for the Great Meadows and Arlington has $10,000. The Chairman said that there has to be an Great agreement between the two Boards of Selectmen, and Meadows asked Mr. Gray to get in touch with the Chairman of the Arlington Board. Mr. Russian, Mr. Bryson, Mr. Adams and Mrs. Relman of the Structure of Town Government Committee met with the Board . Mr. Russian said that the Committee is here to make a formal request for assistance. The Article that was presented at the Meeting in March will come up at Town Meeting in June . He had received a letter from Mr. Legro that there was a need to go over the proposed Article. Need for Special Counsel and , obviously, we can' t as there is no money, no authority. If we are going to meet the deadline, we ask that Special Counsel be provided. The Chairman asked, how much money? 366 Mr. Russian replied, $500 or $1,000. Mr. Cataldo said that the amount of money is secondary; present Town Counsel or former Town Counsel . . Mr. Mabee said that, when writing a portion of the Structure By-Laws, Mr. Stevens was then Town Counsel. He felt that he did eve the time and recommended that we get Speciar o shape up, get in order. Special Counsel worked the redoing of the By-Laws, then he got together with Mr. Stevens . Mr. Hardy was the Special Counsel; ygu have mentioned him as a possibility. Mr. Russian said that he was a first-rate man. Mr. Mabee said that Mr. Legro has found problems, without having him spend too much time on it . . Mr. Russian said, if Town Counsel feels Special Counsel should be provided . . . Mr. Greeley said that they must get the job done . Mt. Cataldo asked if it was their feeling that Town Counsel hire someone for other things and he con- centrate on this. Mr. Russian said that they suavest you give us the legal assistance that is necessary. Mr. Mabee said that he wouldn' t have any objection on this particular issue to have two heads instead of one; have talked about Mr. Hardy. Mr. Kenney questioned if they were asking authoriza- tion up to $1,000. Mr. Russian said that they were not seeking $1,000. The Chairman asked if it were the Board' s opinion that we approach Town Counsel that counsel be provided and await his recommendation so that we may appoint him. Mr. Cataldo said that either Mr. Legro does it or he has an assistant. Mr. Adams said that where the Legal Department is in a state of change, of Town Counsel submitting his resigna- tion, he might not want to get into it. Mr. Russian said, additional request is a time factor. The Chairman said that the Committee will have Counsel . We will explore during the week with Town Counsel. Mr. Kenney said that there are varying opinions re- garding the proposal . Many areas of common agreement are better in order to have a more united front. Do you still have an open mind? Mr. Russian said that it is important for the Board to be backing regarding the administrative change. We have some adjustments from our initial draft; I think there is room for changes. Hope we can continue to hold open discussions . If two or three of us could sit down with the Chairman v . . we 44,ect to come back and talk to you. Mr . Kenney said, can' t support you now, would like to talk with you. 367 Mr. Adams said that it would be helpful if anyone had questions . Mr. Kenney said that he hoped it leaned more to Executive Secretary; downgrade Manager and upgrade Secretary. Mrs. Reiman suggested a list be made - talk in terms of specifics. Mr. Greeley said that he would like to see the particulars in writing. In principle, there is a possi- bility of compromise . Mr. Cataldo said that, in the final analysis, some substantial changes will be made. It will go in, regardless of what we think individually. Mr. Russian said, if we get Special Counsel, will pick up from there. Mr. Adams suggested that a special meeting be held some evening. It was agreed that a special meeting of the Board of Selectmen and Structure of Town Government Committee be held on Thursday evening, April 25, 1968 at 7:30 p.m. Mr. Mabee mentioned that money had been appropriated for the water main for Oakmont Circle. Oakmont Mr. Gray said that Whitman and Howard will be Circle coming to make pressure tests . Upon motion duly made and seconded, it was voted to adjourn at 9:45 p.m. A true record: Attest : Executive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectmen' s Room, Town Office Building, on Monday evening, April 15, 1968, at 7:30 F.M. rt 41 r l,)L I� 4363 c A... SPECIAL POLICE OFFICERS 1968-1969 0 Acheson, Eugene A. 2631+ Mass. Ave. Resident11 Adams, Adam A. 23 Charles Street Resident Adams, Alan G. 15 Somerset Road Resident Adams, Bertram H. Jr. 127 Wyoming Ave . , Malden M. I.T. Lincoln Lab. Anderson, Carl 41 Ledgelawn Avenue Civil Defense Baker, Ramon C. 14 Stratham Road Resident Bailout Sidney R. 38 Highland Avenue Resident Barnes, John B. 26 Kenmore Road, Malden M. I.T. Lincoln Lab. Barnes, Raymond E. 59 Gleason Rd. Resident Barrett, Elliott J. 92 Middle Street Resident Barry, John M. 34 Forest Street Resident I Belcastro, Francis 1714. Wood Street Firefighter Bentley, Thomas F. 2614. South Road, Bedford Custodian Bevington, Alfred 130 Marrett Road Firefighter Blodgett, John 15 Hilltop Avenue School Department Bluteau, Joseph 21A Flint St. , Som. School Department Burke, Joseph F. 10 Totman Drive, Woburn Supt. Public Works Burke, Thomas M. 151 East Street Firefighter Burrell, Arthur E. 2 Thoreau Road Civil Defense Bussey, Francis 216 Concord Avenue Firefighter Casey, William P. 1063 Mass. Ave. School Department Cataldo, James 43 Rindge Avenue Firefighter Cataldo, Robert 14 Aerial Street Selectman Cole, Lincoln P. Jr. 16 Hill Street Selectman 1 Cousins, Lyman S. 6 Bancroft St. ,Waltham School Department Dearborn, Horace N. 16 Stratham Road Civil Defense Delfino, Nicholas J. 1 Forest St. , Stoneham School Department Dooley, Henry W. 77 Baker Avenue Resident Doughty, George Jr. 75 Paul Revere Road School Department Driscoll, Robert V. 30 No. Broadway, Haverhill M. I.T. Lincoln Lab. Emery, Alan 441 Lowell Street Firefighter Eriksson, E. Alden 41 P_ .e4Con Road Resident Ernst, Karl 37 Eldred Street Resident Ewers, Joseph E. 12 Old Coach Rd. , Weston M. I.T. Lincoln Lab. Finney, Charles A. 36 Albemarle Avenue Resident Flaherty, William 4 Spencer Street Firefighter Foley, Harold J. 11 Freemont Street Firefighter Freeman, George 13 Grant St. , Concord Police Employee Fullerton, Dennis 2400 Massachusetts Avenue Firefighter Gallagher, Edward T. 8 Spring Lane, Maynard M. I.T. Lincoln Lab. Garland, John A. , Jr. 54 Gleason Road Resident Gilman, Edward M. 56 Bloomfield Street Firefighter Greeley, Roland B. 1359 Mass. Ave Selectman 369 Special Police Officers 1968-1969 ( const) II Goodfellow, Arthur L. 12 Edge St. , Ipswich M. I.T. Lincoln Lab. Goulart, Edward G. 6 Rindge Terr. , Camb. M. I.T. " Lab. Gray, Albert, Jr. Harvard Road, Stow Executive Asst. Heimlich, Oscar 796 Mass. Ave. School Dept. Jefferson, Charles E. 8 Alcott Road Civil Defense Jones, Cecil 36 Woburn Street Civil Defense Kelley, Kenneth, Jr. 11 Cedar Street Firefighter Kenney, Allan F. 10 Burnham Road Selectman Lewis, Raymond E. 11 Hancock Avenue Civil Defense Mabee, Irving H. 25 Highland Ave . Selectman MacDONALD, Charles 211. Bernard St . Civil Defense MacLean, Ralph D. 9 Spring Street Resident Mazerall, Paul 20 Wilson Road Park Supt. McCARRON, Francis 5 Hillside Terrace Forefighter McDonald, Walter 14 East Street School Dept. McDonnell, Edward T. 62 Elm St. , Bedford Cary Library McSweeney, Leo M. 6 Bancroft St. , Waltham School Dept. Mercer, Charles R. 6 Park Street Resident II Moretti, Joseph A. 8 Rindge Avenue Civil Defense Muller, Eugene T. 24 Ewell Avenue Firefighter Muller, Leonard E. 19 Fairbanks Road Firefighter Nickerson, Douglas I. 44 Paul Revere Road Firefighter Nutt, Alfred 45A Ridge Road School Department Ormiston, Wallace W. 38 Charles Street School Dept. I Pekins, George 28 Chase Avenue Firefighter Pezzulo, Michael 247 Marrett Road School Dept. i Pierpont, Wilfred D. , Jr. 4 Taft Avenue Civil Defense Potzka, Joseph G. 14 Banks Avenue School Dept. Prescott, Robert 2 Forest Street Resident Ratcliffe, Howard I. 5 Chester St. , No. School Dept. Reading Redmond, James J. 9 Utica Street Firefighter Richardson, Earl W. 18 Winter Street Resident Ryan, Thomas 53 Vine Street School Dept. Ryder, Howard D. 2 Wilson Road M. I.T. Lincoln Lal Samuel, Frank T. , Jr. 8 Burnham Road Resident Saunders, Robert W. 295 Marrett Road Resident II Savage, David T. 9 Manley Court Firefighter Spellman, Walter 267 Mass. Ave. Fire Chief 371 Special Police Officers 1968-1969 ( Const . ) 1 Spiers, William L. , Jr. 185 Lowell Street M. I.T. Lincoln Lab. Stevens, Edward P. 4 Chandler St. , School Department Salem Stevens, Raymond Treble Cove.Rd. School Department Stucke, Alden F. 31 Hancock Street Resident Sullivan, Ricbtrd 137 Bedford Street Firefighter Sullivan, Thomas 17 Curve Street School Department Swan, Duncan F. 24 Bedford Street School Department Turner, Gerald C. 9 Hillside Terrace Civil Defense Walsh, John 10 Ames Avenue Firefighter Walton, Robert E. 5 Spencer Street Firefighter Washburn, Arthur E. 1061 Mass . Ave. Firefighter Whiting, William 31.1 Lowell Street Firefightexy Wright, Glenn 67 Simonds Rd . Resident Yewell, Paul 6 Leeland Terrace Resident Young, Stanley R. 86 Winter Street Resident 1 I 371 ' SELECTMEN'S MEETING April 15, 1968 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 15, 1968, at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Also, Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Superintendetfdf of Public Works, and Mrs. McCurdy, Executive Clerk. At the request of the Town Clerk, three jurors were drawn. They are as follows: Henry R. Thies, 162 Marrett Road; Jordan Loftus, 21 Hathaway Road; Jurors Harry Lerner, 10 Angier Road. Hearing was declared open upon the application of the Boston Edison Company and the New England Telephone Company for the installation of a pole on Westwood Road. Notices of the hearing were mailed to the petition- ers, owners of property as listed on the petitioners' plan and also filed with the Superintendent of Public Works. Mr. Pratt, representing the Boston Edison Company, was the only person present at the meeting. He stated the petition was for a pole location requested by a Pole customer to eliminate a wire crossing over her property. Location No one was present in favor or opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the fol- lowing JO pole location: Westwood Road, northeasterly side, approximately 21 feet northwest of Adams Street, One pole , Hip Guy and Anchor. Mr. Legro said that he had an Order of Taking for the Hartwell Avenue Trunk Sewer; no damages awarded in accordance with the vote of the Board of Selectmen on April 1, 1968 . Upon motion duly made and seconded, it was voted Hartwell to adopt and to sign the Order of Taking for the Avenue Hartwell Avenue trunk sewer, no award of damages being Sewer made. Mr. Gray said that, on April 12, he and Mr. Burke, ' Mr. McSweeney, Mr. Legro and Mr. Clary met with Mr. Greeley, Division of Water Pollution Control, regarding the application on the grant for the force main from 372 w. the Brooks Street Pumping Station. A modification of the application was required: They would have to get a new report from the Area Planning Group; technical information is being compiled. The grant was for approximately $1.0,000, but now the grant is $58,000. Mr. Legro said that this application was a year or two old and was for a smaller force main at a lower cost; new application would bring it up to date. Mr. Gray said that they are preparing a reason for the change. The Chairman asked if we are ready to move forward. Mr. Legro said that Mr. Greeley would hold approval until he saw a Ropy of the contract between Bedford and Lexington. We ought to have all three parts of the contract. Mr. Gray said that they need three copies of the vote of the Bedford Town Meeting. Bedford has approved this and has all funds available. Mr. Legro said that there was no drawback in respect to the written agreement with the Town. He had met with Bond Counsel on further review of proposed legislation; Force Mr. Legro has a draft, which Bond Counsel has seen. Main The Chairman said that this Legislature looks as though it is moving. Mr. Legro said that they would like construction to begin before June 30, 1968. The Chairman asked if the engineering was done . Mr. Gray said that it depends on how long it takes Mr. Greeley for approval; we lack Federal approval . We cannot advance until we get auttiorizatipn. Mr. Gray said that Mr. Greeley was on vacation. As long as we have the information in his office, he will do it on Monday morning. The Chairman asked if it was reasonable to expect to have this done this week? Mr. Legro asked if there were any easements in con- nection with the force main and Mr. Gray said that there was a small section where an easement is necessary; the part near the Pumping Station. The Chairman informed Mr. Gray that as soon as it is done , it is to be given to Mr. Legro. Mr. Gray agreed. He said that there were some engineering problems. Mr. Gray said that Traffic Commission met to discuss that Pleasant Street be deleted from the existing list. If it is agreeable to the Contractor, Middle Street end Tufts Road would be lett on the list. If not agreeable, come in with priority list. The feeling is that Tufts 373 and Middle Street be done . Mr. Zaleski said that some decisions have to be made on what will be done with Pleasant Street, number of sidewalks to be incorporated in overall contract; no list today. We would like to Pleasant, get their thinking. Would like a report from the Tufts and School Committee; the Planning Board report is here. Middle Mr. Greeley said that on Pleasant Street, the low Streets point is very often not workable, asked if there was any possibility of fixing up that one point, could some gravel be put in? Mr. Gray said that there had been an investigation made and some of the drain had been plugged. The Chairman said that from an Engineering stand- point, Mr. McSweeney suggests that they go out to bid again. Mr. Gray said that there would be a time delay. If the Contractor is agreeable, they couldn' t get better plans. Mr. Greeley said that he would like to make a motion to go ahead, if under the present bid. Upon motion duly made and seconded, it was voted to authorize Mr. Gray to proceed with arrangements with the contractor to have Tufts Road and Middle Street done. Mr. Gray read a letter from Mrs. Rising requesting April the enforcement of no parking on Massachusetts Avenue on 19th April 19. He said that it would be impossible to restrict traffic and no parking on that one day. The Chairman asked Mr. Gray to write a letter to Mrs. Rising informing her that her request may not be granted. Mr. Gray read a letter from the Building Inspector who recommended changes in the Permit Fees charged by the Inspection Department. After discussion, it was agreed to make the changes Building in the rates. Inspection Upon motion duly made and seconded, it was voted Department to make the following changes in the Permit Fees, as charged by the Inspection Department : Minimum Permit Fee of $$.00 for Building, Electrical Gas and Plumbing. Building Permit : Raise maximum from $1,000 to $2,000 on Building Permit. Maintain present $1,00 per $1,000 per estimated cost of job. Plumbing and Gas : Installation Fee of $2.00 for the first fixture and 25 cents for each additional fixture. T74 CO 6" 6" Mr. Gray read a petition from the Lexington Police- women requesting that all Policewomen receive equal pay; three women do not receive the fifteen dollars a month increase. The Chairman asked if Chief Corr had received a copy of the request. Mr. Gray said that Chief Corr had received a copy and had informed the Policewomen that if all agreed to Police- the request, he would present it to the Board. All women Policewomen have not signed the petition. The basic pay is $150 and it is the highest in the area. The Chairman asked on what basis they want the extra money. Mr. Gray said that they feel that the other Police- women receive it. Mr. Mabee said that Chief Corr is not recommending it. Upon motion duly made and seconded, it was voted to deny the request all Policewomen receive the extra $15.00 a month. Mr. Gray said that an application for Cary Memorial Hall had been received from the First Baptist Church to present a drama "The Black Messiah" , to be performed by Cary the Fisherman' s Players of Wellfleet. Hall Upon motion duly made and seconded, it was voted to grant permission to the First Baptist Church to present a play on May 8, 1968. Upon motion duly made and seconded, it was voted to sign Licenses for the following; Auctioneers: Elaine S. Myers 27 Outlook Drive Robert N. Cann 48 Hancock St. Bertram P. Dustin 50 Bloomfield St. Robert 0. Rockwell 3 Graham Road Myron C. Graffam 19 Deering Ave. Chauffeured Auto Service: Isabelle M. Kitson 50 Taft Avenue The Chairman read a letter from the ABC regarding the sale and delivery of liquor on Friday, April 19, 1968. Upon motion duly made and seconded, it was voted that Package Goods Stores may sell and deliver alcoholic beverages between the hours of five o' clock P.M. and eleven o'clock P.M. on April 19th and until eleven- thirty o'clock P.M. on Thursday, the night before. Hotels, Restaurants, Taverns and Clubs may sell alcoholic beverages during the usual hours on April 19, 1968. 375 The Chairman read a letter from the Lexington 11. Arts and Crafts Society, Inc. requesting permission to use the grounds in back of Buckman Tavern for an outdoor art exhibition on May 25, and also for permission to have a caterer with his truck parked at either the north end of the area or in the park- ing lot in back. Upon motion duly made and seconded, it was Arts & voted to grant permission to the Lexington Arts and Crafts Crafts Society, Inc. to hold an outdoor art exhibition on the grounds in back of Buckman Tavern on May 25, 1968, but to deny the request for permission for a caterer' s truck to be parked at the north end of the area or in the parking lot in back. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen' s Meeting Minutes held on April 8, 1968. Upon motion duly made and seconded, it was voted to sign the Certificate of Incorporation for Horace M. Beseoker, Jr. , 8 Eastern Avenue, a good character Cert. of reference having been received from the Police Depart- Inc. ment. The Chairman read a letter from the Mass. Bar Association requesting the Board to proclaim May 1, 1968 as Law Day USA in Lexington. Upon motion duly made and. seconded, it was voted Proclama- to issue a proclamation declaring May 1, 1968 as tion Law Day USA in Lexington. Upon motion duly made and seconded, it was voted to make the following appointments for terms of three years: Board of Health Rufus L. McQuillan Board of Fire Commissioners William P. Fitzgerald Appoint- Conservation Commission Jules P. Sussman menta The Chairman read a letter from the Collector of Taxes requesting abatements on ambulance bills for 1964-1965 which her department has been unable to collect. Upon motion duly made and seconded, it was voted to grant the request of the Collector of Taxes and Ambulance sign the abatements for ambulance bills. Abatements Upon motion duly made and seconded, it was voted to sign the abatements on Water Rates for the following: 37 6' ZE co Olde Bargain Barn $222.54 Otis Brown 74.04 Richard Hessen 50.80 Stanley White 13.30 Melvin Tracy 8.01 John Sasilec 8.75 The Chairman said that it is the opinion of the Structure of the Government Committee that they be given Special Counsel. Mr. Legro said that the time is short between the Annual Meeting and the June Meeting. He said that he did offer to sit down with the Committee and go over the thoughts of the Committee. The way to work it out is to sit down with them and line Structure up somebody who might assist. The Planning Board of Govt. has recodification coming up and there is a great deal of work to be done on that. The normal work load has become abnormal. If this is satisfactory with the Committee, I don' t see any alternative. An out of town man would have no concept of this. I' ll try to line up somebody to do some of the work and then sit down with the Committee. The Chairman said that it is the sense of the Board that you get somebody. Mr. Kenney said that he would like to report that he had talked with Mr. Arthur MacKinnon, Director of Accounts of the Commonwealth. He is highly regarded on municipal and local affairs . He is willing to come to a meeting. I would like to request that the Chairman write to him inviting him to a meeting with the Structure of Government Committee . Would like to take advantage of some of his ideas. It was agreed that a letter be written to Mr. MacKinnon inviting him to a meeting to be held by the Board of Selectmen and the Structure of Government Committee on April 25, 196E'. Mr. Adams said that he had a request to make of the Board. Five years ago there was a contract with the Air Base and it was promised that when that was through the public would be able to know about it; Air Force Mr. Adams has never seen it, the public has a right to Contract know. The Chairman said that the new rates between the Air Force and Lexington were approved by the Secretary of the Air Force and the General Accounting Office. These rates are negotiated rates. 377 Mr. Adams said that he was given to understand that the Board issue a statement. Mr. Legro said that he didn't know what there would be on the records; looking back, the results are an open book. The Chairman asked, didn' t we vote new water rates? Mr. Legro said it was an agreement amending the original contract. The Chairman said, as far as we are concerned, with- out specifically voting all out . . . Mr. Adams said that all records should be open. Mr. Mabee said that we are negotiating with them now. Mr. Legro said that he was inclined to think that certainly the results could be open . The Chairman asked Mr. Gray to make a list of the Executive Sessions that decisions were made and to make the recommendation to the Board. Mr. Gray said that he had talked to Attorney Conroy regarding a request of Mr. Hamilton for a drainage ditch. The Chairman asked if it was brought out that the drainage was the fault of the Town? Mr. Cataldo said that we have one manhole emptying into the brook. In our negotiations with him to buy this piece of property, we explained this to him and also explained that it was a low area; there would always be water in that area. He said that he wanted to live there, regardless. The last time we talked with him we said we would clean the brook, not pipe it. Mr. Gray said that he has three drain pipes leading into it now. Mr. Legro said that he had suggested that John Carroll had copies in his files; there is no liability on the Towh Mr. Cataldo said that the manhole was put in 1925; we could reroute the pipe to Worthen Road drainage. The Chairman asked Mr. Gray and Mr. Burke to go through the files and give copies to Mr. Legro. Will tell Mr. Conroy we are checking out; will get together with Mr. Burke. Mr. Gray said that he had checked back in the Minutes regarding the lots on Taft Avenue . In 1958 the property was sold and the Selectmen intended dividing it into two 75+ lots. The Chairman said that if the board wishes to honor the Commitment it would require more recordings. Mr. Legro said that in order to convey a good title, it takes a Town Meeting vote. He has a copy of the first 378 271 page of tax title deed. The Board imposed the restric- tion; Board having erroneously imposed that. It can't correct its own error if this tax title is ever to be con- formed in Land Court. Need a Town Meeting vote to re- move the restriction from other three lots and it might just as well be done. Mr. Cataldo asked how much of a vote and Mr. Legro said it would require a two-third vote. Of course, the Board can vote to correct; way of coaformatory deed Taft making a correction in the instrument and specifying Ave. that it is given to correct the prior deed. You may Lots probably have to face the situation if they attempt to conform the title. It was agreed that an Article be inserted in the Warrant for the Special June meeting. Mr. Cataldo said that the first Article on the Center was for rezoning to a C-2 zone; the waiting period is up. Would like to meet with the Central Block people. The Chairman said that the Board would have no objection to a meeting. Mr. Cataldo said he would set up a meeting and report back to the Board. Mr. Greeley said that it was the action of the Town Meeting and asked if the amendment is on the way to the Attorney General's office. Mr. Legro said it would have to be approved by the Attorney General and published. Mr. Cataldo said that on Beautification, we know some of the problems we faced on construction and maintenance. Would like to see us re-evaluate the plan, come up with some improvements, and try to solve some of the maintenance problems. Lexington The Chairman said that we still have the Committee. Center They should meet with us. Things should be brought to their attention on the present situation. On the remaining part, they can proceed from there. Mr. Burke will meet with the Board. Mr. Kenney asked if there were changes in the design. The Chairman said that a meeting will be set up with Mr. Burke, Mr. McSweeney, Mr. Zaleski, Mrs. Sharfman, _ Mr. Kolovson, Mr. Pierce, Mr. Cole and Mr. Gray. Mr. Greeley said to meet and report back to the Board. Mr. Cataldo said that the application of the Harvard Trust Company had been turned down. Mr. Gray said that the Health Officer had complaints of litter conditions. 379 1Mr. Cataldo said that on the other side of Edison Way there are twenty parking spaces. They are owned by the Depositors Trust Company and they are willing to Parking give the Town jurisdiction and control; but not the fee. Lot The Chairman said that it would have to be in the nature of a lease and he would discuss it with the President of Depositor' s Trust. Mr. Greeley asked for a report on the Bedford Street Highway Study. Mr. Gray said that Mr. McSweeney has been handling Bedford it. Street The Chairman requested that a report of progress Study be presented to the Board on next Monday evening. Residents of Augustus Road met with the Board. Mr. Lichtenstein of 9 Augustus Road said that he would like to present their problems to the Board. When Taurasi and Zarillo developed in the Country Club area they were required to furnish a bond . He did furnish a bond from February 164 to February '65. As of February 165, he having failed to complete all work, he was in default of bond. We waited until April '66 to determine when the street would be paved. Letter was written to the Planning Board making inquiries on the preparation of the street. We had a reply from the Planning Board on May 18, 1966; had a meeting with Mr. Zaleski and he explained the difficulties with Mr. Taurasi . Mr. Zaleski informed them he was writing to Mr. Legro and some procedures were brought against Augustus the Bonding Company. Mr. Legro had corresponded with g the Bonding Company. There were numerous conferences Road with the Planning Board and Engineering. In 1967, last summer, one or two meetings here. Mr. Legro informed us that he had spoken to the Bonding Company and they assured him the street would be paved. The street was paved and some sewers put in (in 1967) . Nothing has been done since. In November, I wrote to Mr. Zaleski and he forwarded my letter to the Board of Selectmen. He sent me a letter specifying what work remained to be done in order to have Augustus Road completed to the satisfaction of the Town. On November 10, 1967, it was too late to do any work. Nothing has been done this Spring. Mr. Zarillo has died and Mr. Taurasi is unable to complete the work as he is in financial difficulties. We are trying to proceed against the Bonding Company. Meanwhile, there is a hole around the sewer, certain areas of the street have caved in. We have a bus for grammar school children and I would hate to have the children falling in that hole on the corner of Augustus and Hickory. A very dangerous situation exists there now. 38U ze Mr. Kurys of 20 Augustus Road said that the last time we spoke, Mr. Legro had all papers necessary to enforce the bond. It seems reasonable that, if the Contractor had not performed, for Mr. Legro to get the bond enforced or the Town should do it themselves. We have been very patient. He asked if the Selectmen could do something for us as we have no recourse against the Contractor. Mr. Joseph Cronin, 49 Vaille Avenue, said that they are down to about fide or six problems. The end of Augustus Road has been paved and seed placed on the side. Major problems have to do with catch basins and puddles. The amount of the bond was pretty close, but did not cover. The Chairman asked what the Planning Director had reported to the group. Mr. Gray said that it was the same as Engineering. They have been attempting to get it done through the Contractor. We couldn't get to him. We can' t go on doing nothing, it is not an accepted street. Mr. Legro said that the major item is the sunken catch basin. I have talked with Mr. Reed and he was to talk with Mr. McLaughlin. There is no hope that Mr. Taurasi will finish it. The Bond Company might have when street was reported as having been paved. I thought that the work was taken care of as a result of a letter in November. Mr. Burke spoke to me about the hole. We did have a period of time when certain items were included under the bond. I think they are in agreement. I do think one or the other ought to follow through exclusively. Get copies of letter from the Planning Board addressed to subdivider; I am willing to follow it through. The Chairman said that Mr. Legro is in contact with the Bonding Company. Mr. Gray will coordinate any in- formation that he needs and he will follow through with the Bonding Company and have it terminated. Mr. Legro said that his information is complete. Mr. Kurys asked what if the Bonding Company com- pletes the work and brings street up to specifications we go through another winter, next year we go through drains and potholes again, will we have to go through this next year? The Chairman said that if the Contractor finishes and these defects occur, this is on the abuttors. Mr. Legro said that since the Planning Board, on recommendation of the Engineering Department , approves the installation of utilities, it is the usual procedure to release the Bonding Company. If the Town later ac- cepts the street, it would go in and maintain it. Mr. Greeley said that if the street is fixed accord- ing to Town specifications you would not have potholes, etc. Mr. Legro said that some of the work has not been done properly. 381 Mr. Greeley said that the Planning Board has been trying to do something on the street for two years. We have been very lenient with Taurasi, forget him. Work on the Bonding Company to shape up. We have a moral obligation to these people. Mr. Legro said that the Bonding Company will try to talk with Mr. Taurasi. The Chairman informed the group to call Mr. Gray for a progress report. The Chairman said that he would like to have the Board set up a policy on accidents to employees. Upon motion duly made and seconded, it was voted that it is the policy of the Board of Selectmen that prompt notice of injury is a prerequisite of re- imbursement of an injured employee so that the Board may have the injured person examined by a Doctor of the Board' s choice. Mr. Adams and Mrs. Frick again requested the Board to purge the Minutes of Executive Sessions. After discussion, the Chairman reiterated that this Board of Selectmen is responsible for all previous records and, if we err, we err on the side of caution. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. After discussions involving litigation, the reputation of a person, and matters relating to the financial interest of the Town, it was voted to adjourn at 11:25 p.m. A true record, Attest: )27 Executive Clerk, Selectmen t > I 382 SELECTMEN'S MEETING April 22, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, April 22, 1968, at 7:30 p.m. Chairman Cole, Messrs. Cataldo, Mabee, Kenney, and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. Wonham, Assistant Superintendent of Public Works, Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Gray said that he had received a letter from Mr. Gary with a bill, approved by the Buckman Tavern Buchan Committee, from Donald Muirhead, Consultant, in the Tavern amount of $430.00. Upon motion duly made and seconded, it was voted to approve the bill submitted by Donald Muirhead, Consultant, for supervision of work on Buckman Tavern, in the amount of $430.00. Mr. Gray said that bids were taken for the clean- ing of catch basins. Only one bid was received and it Catch was recommended that a contract be awarded to George Basins E. Pierce, Jr. , , Leominster, for cleaning catch basins at $1.50 per catch basin. The Chairman asked bow many catch basins are to be cleaned and Mr. Gray said that there were approx- imately 4,000. Upon motion duly made and seconded, it was voted to award the contract for cleaning catch basins, at $1.50 per catch basin, to George E. Pierce, Jr. , Leominster, Massachusetts. Mr. Gray read a letter from Chief Corr stating that he had received the resignation of Patrolman George B. Wilson, Jr. Patrolman Wilson has resigned Patrolman to enter into private business. resigns- Upon motion duly made and seconded, it was voted tion to accept the resignation of Patrolman George B. Wilson, Jr., effective April 2, 1968. Mr. Gray said that a letter had been received from the United Nations Association requesting the appoint- ment of a UN Day Chairman anithe issuance of a proclam- ation declaring October 24, 1968 as United Nations Day. The letter was referred to Town Celebrations Committee. it K3 Mr. Gray said that a letter had been received from► John F. Shea Company stating that approximately 150 to 200 slates should be replaced on the right side of the Cary Memorial Building. The amount of the quotation is $713.00. Also, a quotation of $1058.00 was received on additional metal work on the Cary Memorial Building. Cary Memorial This work consists of replacing the existing copper Building conductor pipe from the existing copper header to the ground level on the front right hand side of the building; remove and replace split copper conductor pipe on the rear right of the main roof; remove and replace one copper conductor pipe; replace copper strapp and new conductor hangers, it required; repair the existing copper metal flash- ings and wall cap on the right hand side of building. Upon motion duly made and seconded, it was voted to award the contract to John P. Shea Company, Inc. , for replacing 150 to 200 slates on the right hand side of Cary Memorial Building, in the amount of $713.00. Upon motion duly made and seconded, it was voted to award the contract to John P. Shea Company, Inc. for sheet metal work on the right hand side of Cary Memorial Building, in the amount of $1058.00. Mr. Gray said that in connection with the work on Cary Memorial, 4 quotation had been received from John F. Shea Company for $1199.00 for extensive repairs to prevent the rain water spilling down over Approrpiationu the entrances. Committee Mr. Gray said that funds are not in the budget to cover this work and he requested the Board to ask Appropriations for a transfer of funds. The Contractor is working on Cary Memorial now and the work could be done. He said that the Board might consider an Article in the Town Warrant. Mr. Cataldo said that if we wait to go to Town Meeting it will cost more money. Mr. Greeley thought it the right strategy to reserve a sp ce in the Warrant . The Cha rman said that he felt they could get together wit the Appropriations Committee, but a space could reserved on the Warrant . Mr. Gra; said that Mr. Perry could talk to the Appropriations Committee tomorrow. 1 384 czt sa The Chairman said that there are several Articles which should be included in the Warrant. As a member of the House of Representatives, he had filed two bills on liquor . One was that clubs have the right to serve liquor; under new home rule, the Act must have Town Meeting vote before legislature can be presented. The other bill is to make the present referenda necessary. These are two Articles we could put in and go to legis- lature for necessary legislation. Mr. Gray said that the original bill included restaurants. Mr. Kenney asked if the second proposal was putting it in the Warrant. The Chairman said that they didn' t have to support it; each to use his own conscience. Mr . Mabee asked if it is a Citizen's Article. Articles The Chairman said it was not ; he was not sure of the status of restaurant petition. Mr. Mabee said that as long as they are not com- mitted in any way . . . Two Articles are to be inserted in the Warrant, one to petition legislature to allow referendum for liquor licenses for private clubs. The other to petition the Legislature for referendum to allow restaurants serving over 99 to serve liquor . Mr. Gray said there should be an Article for Chapter 90 road funds. We don't want to lose $40,000. The street was not agreed upon. An Article is to be inserted. The Chairman said that Utica Street would be in the Warrant . He asked about the Veterans' Monument . Mr. Mabee asked who wants it in. The Chairman said that Mr. Adams, Mr. Cataldo and the Chairman made the recommendation last year to have a monument for all wars in Depot Square. Mr. Kenney asked if this would be the intent of this Article. The Chairman said that he would like to have a report from the Committee. The Chairman said that the Appropriations Cam- mittee would look favorably on a modification of the Engineering Budget. An Article is to be inserted on the Engineering Budget. The Chairman said an Article to accept Chapter 401 of the Acts of 1966, the Treasurer, Clerk and Tax Collector would be covered by Workmen' s Compensation; at their request, we would put in the Article . 385 Mr. Gray said that bids had been put out replacing a bulldozer. By the time the bids went out the bulldozer went on fire. We will receive compensation. Bulldozer will be traded as is. Funds that we will receive from the claim will have to be set up in a separate account. ( Comes out of road machinery account. ) According to Mr. Perry, we will need an Article. It was agreed to insert an Article for the bulldozer. Mr. Gray said that the Planning Board will have an Article on recodification. Mr. Zaleski said that there would not be other Articles submitted. It was agreed to put in an Article on the lots on Taft Avenue, Sewer Lateral for Hartwell Avenue. The Chairman asked about Bridge Street, he asked the Board to express their feelings on the possibility of an Article this year. Mr. Kenney said that they should not consider it ; it would be a badP recedent. Mr. Mabee said that we did make it clear to the residents of Bridge Street. Mr. Greeley said he would like to back up the En- gineering Department and asked what the precedent was for bringing up Article 4. The Chairman said that we did come back to the Special Meeting for a street. The difference is, it was voted down at the Annual Meeting and we came back. We had an unlerstanding with the Appropriations Committee that if we could notet theprogram we wanted, the could amend. They didn't do t. I think they realize the errors o! their ways. Mr. Gray said Mr. McSweeney could explain the En- gineering pr,blems ahead of us. Mr. Greeley was not involved bet re. Mr. Greeley said, just the principle of going back. Mr. Mabee said that at least we ought to be about to recover wsat we thought we had. Mr. Gravy said that we did tell the Appropriations Committee we would do this. The Chairman said that we have some reason to believe they would support us this time . He agreed with Mr. Gre?ley about continuing to come back . Since the budget is set, we should pretty much adhere to it . The Chairman said that there would be an Article on Structure of Government. There will be another Article to c >ntinue the Structure of Government Committee if the Artic .e passes. 386 Upon motion duly made and seconded, it was voted to insert the following Articles for the Warrant of the Special Town Meeting, June 3, 1968. Petition Legislature to allow referendum for liquor licenses for private clubs. Petition Legislature for referendum to allow restaurants serving over 99 to serve liquor. Chapter 90 Road Funds. Veterans' Memorial. Engineering Budget. Transfer funds to Road Machinery Account (this is for funds received from Insurance Company on damage to bulldozer - no Town Funds involved. ) Recodification of Zoning By-Laws. Sewer Lateral - Hartwell Avenue. Structure of Government Articles. Accept Chapter 101 Acts of 1966. Land on Utica Street. Article to clear tax title on piece of land on Taft Avenue, Lots 98 and 99. Citizens' Article on Dog Leash Law. Citizen' s Article to develop Old Reservoir on Marrett Road. &8a III Mr. Ha;'old Stevens met with the Board. He said that there :s a parcel of land in the Countryside Area - Article 57 of Annual Town Meeting. All are aware that the owners of the property raised no objection, with the understanding that we work out an arrangement with the Town to keep part of that land and transfer the remainder to the Town. Mr. Stevens showed a plan of the area and said A-1 shows the area. We would like to retain with a lot on Lowell Street. A-2 shows the other lot that would be available to the Town. These plans were Prepared with the Recreation Committee and Whitman and Howard showed the manner in which the property woild be used. He said that the parking area could a taken care of by moving it in a south- easterly direction. Mr. Gray said that he had discussed the conceptual plan by Whitman & Howard with Mr. Stevens; the parking lot does no interfere with the Harrington Playground. The Recreation Committee will get their parking. No problems with the overall area. Mr. Stevens said that this line was arrived at a point where we would have sufficient area; parking under zoning By-Law. Building now there to be an office building. We had to figure out what the IIrequirement would be. Mr. McKenzie has a different idea of the widthof the driveways, etc. You have probably had a noticof a hearing on the 7th. We ask for a var- iance to use this piece, A-1 on Lowell Street. We also ask a special permit to develop part of it, only difficulty is there is no parking in front . Mr. Stevens showed the Board the boundary lines. He said the a would have to be a special permit for reduced par ing development ; only good for two years . Will ask th Planning Board if they would put it in the Special Town Meeting; they preferred that we didn't. Mr. Greeley asked if there would be any question as to the rights of access to the rear of R-1. Mr. Stevens said that he didn' t know what the Board of Appeals wants right-of-way, 20 feet wide; whether that should be developed . . . Mr. Greeley said that the Town has the right to deny access, and asked if there is a back entrance to parking lot. Mr. Stevens said they would have to get a variance. Assume you are not going to lay out as a street; does have right of access to it; would have no right to use it, the building was not going to be using it bringing in customers. It will receive very little use from a traffic ppint of view. We should have to have some I answer from the Board . 388 sa w_ 11. The Chairman asked if the Board wanted more time to consider. Mr. Mabee said that he would like to hear what the Planning Board has to say. Mr. Kenney said that he would like to hear more on it. Mr. Cataldo asked, why don't you confirm this week? The Chairman said that he would like to make a decision on next Monday night ; if the Planning Board has seen the Plan, maybe they have made a decision. Mr. Kenney said he would like something in writing from the Recreation Committee supporting this proposal. Auctioneer Mr. Gray said that he would get it frcan the Recrea- tion Committee. Upon motion duly made and seconded, it was voted to sign an Auctioneer' s License for James Martin, 43 Bowdoin Street, Newton Highlands. Upon motion duly made and seconded, it was voted Paper to grant permission to Mr. Ryan to conduct a paper Drive drive for Sacred Heart and St. Brigid parishes on May 5, 1968. Upon motion duly made and seconded, it was voted to grant permission to Youth Employment, Unlimited, Art of the Lexington High School to hold an art exhibit Exhibit in front of the Visitors' Center on June 2, 1968, or a rain date of June 9, 1968. Upon motion duly made and seconded, it was voted Minutes to approve the Minutes of the Selectmen ' s Meeting held on April 15, 1968. The Chairman read a letter from the Building Inspector regarding the increase in fees voted on Building April 15, Mr. Irwin feels that $5.00 for Permits Inspector is too high and recommends $2.00 or $3.00. He also asked for a date to be voted making the fee effective. Upon motion duly made and seconded, it was voted that the permit fee and changes voted on April 15 would become effective on June 1, 1968. The Chairman read a letter received from the Bicentennial Minute Man National Park Advisory Commission regarding the bicentennial of the 19th of April, 1775. The Chairman said that it is his understanding that Concord has appointed a Committee. It was agreed to refer the letter to the Town Celebrations Committee. 389 The Charman read a letter from the United Nations Association requesting that a UN Day Chairman be ap- UB Day pointed aad 1.las that a proclamation be issued declaring October 24, 968 as United Nations Day. It was _ greed to refer the letter to the Town Celebrations Committee. The Cha:Lrman read a Citizens' Petition requesting that a sidew lk not be included in the layout of Ewell Avenue. The Chairman said that it is cheaper to put in a sidewalk when doing the street. In the future, when they come in for a sidewalk, we can point to this Ewell petition. Ave. Mr. McSweeney said that all except Hillcrest Ave. Petition do not desir:. a sidewalk. Mr. Gra• suggested that the petition be held in abeyance unt 1 they have more information. Mr. Gre ley said that it goes further than the point of vie of abuttors. Mr. Mabe said that it would depend on the recom- mendation of the Traffic Committee. Upon mo ion duly made and seconded, it was voted to refer the pe ition to the Traffic Committee and await their recomm- ndation. Upon mo ion duly made and seconded, it was voted Abate- to grant an =batement of water rates to Louis Salza, 103 went Lincoln Stre- t, in the amount of$29.05. Upon mo ion duly made and seconded, it was voted to sign I.D. liquor card for Kathleen B. Black, 64 Shade Str. et. Upon mo ion duly made and seconded, it was voted to sign Licenses for four taxis for the Minute Man Cab Company. Registration Numbers are 2268, 2269, 2270, 2271, nd four livery licenses, registration numbers P-19 706, L24-511, U57-949, and P67-626, for Licenses the Minute M Cab Company. Also sicned were three licenses for the Lexing- ton Cab Comp ny, registration numbers 4208, 4209, 4210 and five private livery licenses, registration numbers L35-057 through L35-061. Mr. Legro said that the citizens' petition for the Dog Leash Law has sufficient number of signatures, but does not call for an appropriation. You must honor the recluest, there should be an insertion as am Article. You do not need to be highly technical, it ought to be in the form that you can adopt for insertion in the Warrant . The Chairman said that, basically, the petition is faulty. 390 le g G: Mr. Legro said that the Board has a right to insert its own Article. The Chairman asked if the Bard was prepared on its own to insert an Article. Mr. Greeley said that he would advocate inserting. Dog Leash Mr. Cataldo said that the Board would talk to them if they wanted to carne in on next Monday night . Mr. Legro said that their article doesn't do what they are seeking to do . Mr. Cataldo asked Mr. Gray to inform the citizens to come back with the Article inproper form. Mr. Mabee said to hold the Article open. Be had no objection to insertion. Mr. Legro said that this Article does net ask to amend any by-law; makes no attempt to repeal the existing. by-law and replace it with this . Mr. Legro discussed the discrepancies in the Article and the Chairman asked if the onus ison the Board to see that every article put in by citizens is prepared properly. If we take Articles as they come, there should be no onus on us. Mr. Legro said that you_ could spend a lot of time resolving it. The Chairman said that you leave the door open ad infinitum. Mr. Kenney said that he agreed with Mr. Cataldo, to wait a week. Mr. Legro said that all of the same signatures must be on the petition, and there must be some indica- tion that funds are to be appropriated. Upon motion duly made and seconded, it was voted to extend the closing date of the Warrant to April 29 for the Dog Leash Article. Mr. Gray said that there was a meeting with the Planning Board on the rezoning of the Davenport property this evening. * Mr. Burke said that at the Selectmen' s meeting on March 11 it was voted to award the contract for curb Contract boxes to C. A. Turner Company for $875.14. We viewed for curb the boxes and they did not meet our quality weightwise. boxes In the future I would recommend that they be bid on a weight basis . He requested the Board to reconsider and award the contract to the fourth lowest bidder, George A. Caldwell for $997.42. ' The Chairman retired at 8:45 p.m. and Mr. Cataldo acted as Chairman for the remainder of the meeting. 391 Mr. Cataldo said that we will have to vote to reconsider the vote of March 11. Mr. Legro asked if the low bidder had been notified of the award and Mr. Burke said Turner Company had not been notified. Upon motion duly made and seconded, it was voted to rescind the award to C. A. Turner Company as voted on March 11, 1968 . Upon motion duly made and seconded, it was voted to award the contract for Permarod boxes to George A. Calwell Co. in the amount of $997.42. Mr. Burke said that Mr. R. D. Hamilton of 2 Taft Avenue has requested permission to connect a 4" cellar pipe to alleviate flooding condition in the cellar. Mr. Burke recommended that the Board grant the request; Connection work to be done to the specifications of the Town. Upon motion duly made and seconded, it was voted to grant the request of R. D. Hamilton, 2 Taft Avenue, to connect a 4" cellar pipe; work to be done to the specifications of the Town. Mr. Burke said that Doctor Varant Hagopian, 3 Bryant Road, lot #4, two catch basins and 142+ of work done at his expense under the direction of Engineering. Water was flowing from Lowell Avenue, Mr. Cataldo said that we seem to be getting into more and more of this type of thing and asked if we get any reimbursement. Mr. McSweeney said that we just review it. If Hagopian there is some other way it can be relieved without connecting into drain, we send a form letter. Mr. Cataldo asked how much time is put in and Mr. McSweeney said about one hour to review. Mr. Burke said that it is required that they notify within 24 hours. Mr. Cataldo asked if they charged for a permit and Mr. McSweeney said that it was $10. 00 for a license. Mr. Legro asked if it involved excavation of a public way and Mr. McSweeney said it did. Mr. Legro asked if a permit is issued and Mr. Gray said that, later on, the drain has to be bonded. Mr. Legro said that it would be well to have the Town named beneficiary; opening of a public way is a liability of the Town, it can be extremely ex- pensive; Town should be named as interested party under the bond. Mr. Cataldo asked if we control the patching job that they do. 992 Q Mr. Cataldo asked if the Gas Company finishes the job and puts a patch in the street and does a bad job, what then? Mr. McSweeney said that we make them go back and do a good job. Mr. Burke said that, in their opinion, in some new developments conditions will exist that they can go ahead while the area is raw and install the drain. We would rather do it that way than have it in there and not know it is there. Mr. Legro said that a very small depression can involve the Town; we can save several thousand dollars. Mr. Gray said that they will discuss the matter further. Mr. Cataldo said that he would like to set up a meeting with the Fire Commissioner to have some ques- tions answered before the bids go out on the service truck approved for at Town Meeting. Mr. Gray said that a meeting would be set up for next Monday evening. Mr. Cataldo, as Chairman, entertained a motion for Executive Session. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing matters involving the finances of the Town and the reputation of an individual. A true record, Attest: Executive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectmen' s Room, Town Office Building, on Monday evening, April 29, 1968, at 7:30 P.M. i)j; t SELECTMEN' S MEETING April 25, 1968 A special meeting of the Board of Selectmen and the Structure of Government Committee was held in the Select- men' s Room, Town Office Building, on Thursday evening, April 25, 1968, at 8:00 p.m Mr Arthur MacKinnon, Director of Accounts, met with both Boards . The Chairman said that Mr MacKinnon is here to help us in our deliberations on this very important matter He is probably more aware than we are of any change in govern- ment in any form and will appreciate his advice Mr. MacKinnon said that he had come into the picture in a rather unusual fashion He was City Auditor in Brook- line and George Morey would talk with him regarding the problems of Lexington Mr Morey expressed serious concern and discussed the subject matter of Structure of Government with me. He asked if I would sit down with you I told him I was reluctant Normally the Director of Accounts does not do this , but I would give consideration if the mem- bers were interested. I would expect a degree of confidence between myself and people with whom I would sit as I cannot afford to publicly declare myself I have had a telephone call from Mrs . Battin and discussed the subject matter I have been a Town Comptroller and City Auditor and am in a position to express some judgment . The Auditor who is in a City with an elected Mayor has the same relationship with the Mayor. In a City that has a Manager form like Cambridge, the Auditor is elected by the City Council, not a subordinate of the Manager He should be answerable to the Chief Execu- tive Officer or Board of Municipality. The Comptroller should be an appointee of the Board of Selectmen. Town Counsel, also, should be appointed by the Board of Selectmen. Counsel can exercise better independence of interpretation of law In a town of a Board of three or five, Counsel can expect there can be less interference with him Mr. MacKinnon and Mrs . Battin discussed Paragraph E, Section 2 and Section 7. On Section 13, Town Manager to sub- mit estimated tax rate at a time when important, the Chairman said that State participation has a substantial bearing on what the tax rate is to be and said that the provision serves no purpose at all Mr MacKinnon said that be has had an opinion for many years that no form of government is any better than the people involved in it I think it is known that the Man-„ r ager form of government has not been successful in Massachusetts Too many Managers come from other commun- ities ; if we have to use Maine as a comparison - a Manager who has had experience under the Maine law, where as muni- cipal official he had no strings , come into Massachusetts where he has to operate under highly regulated procedures . I have never missed an opportunity to attend a ses- sion on home rule Don' t know why it wouldn't be a good thing to have back again I don' t think members of the Legislature realized what home rule bill really is Massa- chusetts is not a home rule state; no taxation, local govern- ment has no say in any taxation and does not have fiscal autonomy You would be astounded at the mistakes made by Town Managers . We have not had qualified people as Managers in Massachusetts This is the fault of the people drawing the Charter; I am not eligible to be Manager, served for 20 years in Everett, 6 years as comptroller in Brookline, and Director of Accounts for 6 years , but I have not served in- ternship - I realize there is no such provision in your Charter. Arlington is an example of what can happen by a group of reformers because of limitation of International Managers ' Association. Mr. Gray took exception to remarks made by Mr. Mac- Kinnon. Mr. MacKinnon said that there is a dearth of supply of qualified people to take Manager jobs that exist in the Commonwealth of Massachusetts . If there are good Managers we can have good government Cambridge is having troubled times . Saugus is a sad example of anything. I am in favor of any form of government if it will produce the result that people paying the freight will expect. The Chairman said that he has the feeling that Mr MacKinnon does not approve of Town Manager form - you would like to see it go to the one with the moat effective Charter. Mr. Kenney said that you have talked of two appoint- ments, would you discuss others , Police Chief and Superin- tendent of Public Works , two individuals appointed by the Manager Mr. MacKinnon said that he felt that the Superin- tendent of Public Works should be appointed by the Manager He is an administrative officer, charged with providing certain fixed services . Appointed by the Manager with the approval of the Selectmen. iL L ' Mr. Adams asked if the chart had the approval of the full Board . The Chairman said it did not , had been made by two members ; the whole Board may or may not approve Mr. MacKinnon said that he had no reservations about the Treasurer; fewer decisions of judgment to be exercised by ministerial officer He cannot disperse funds without approval of the Comptroller and the Board; no independent judgment. Perfectly proper under the Manager I firmly believe that a good Manager would see to it that a Trea- surer uses proper judgment in the use of funds . The Town Collector has a greater opportunity to use independent judgment . He could be appointed by the Mana- ger - some measure of immediate supervision. The Chief of Police is entitled to the protection of Civil Service. The appointment of a Chief would not norm- ally come up once in 15 years . He should be under the direction of the Manager; the Selectmen are not around all day, the Manager is . Mr. Kenney asked about the Permanent Building Committee Mr. MacKinnon said that you should get away from ap- pointments by the Moderator The Manager should have every day control over someone spending millions of dollars Manager appointment, with approval of Selectmen Recreation Committee: don' t see too much policy in- volved in it . Town Meeting establishes the amount of money. Mr. MacKinnon asked what part the Planning Board played in Recreation area Mr. Greeley said that, primarily, acquisition. Mr. Gray said that the Recreation Director was re- sponsible for program. Mr. MacKinnon said that he believed there should be a committee or commission to supervise Recreation program, under whom there would be a Director. Mr. Cataldo said that the Manager should not have to go to the civilian board to get to the Director; he should have direct control over the Director. \/ Mr. MacKinnon asked who is going to administer the Recreation Department, the Director, or the Committee? Mr. Cataldo replied, the Director. He said that he had a question on the Appropriations Committee, the most important Board the Town has He asked , with your experi- ence and the contacts you have, what do you feel is the best manner of selecting? Mr. MacKinnon answered, no pattern. Appointed by Moderator for three year terms ; term to have 1/3 total membership expiring each year. If Moderator uses top judgment, you can come up with a fine man. Mr. Cataldo asked what would give us the best insur- ance to do this? Mr. MacKinnon said that he didn' t think the Selectmen should have jurisdiction of the Appropriations Committee. (Unless I saw abuse by the Moderator in his appointments .) Based on my knowledge of Finance Committee members , I have seen excellent results . Jurisdictional appointment by the Moderator; Chairman of Appropriations Committee is appointed for three years ; Moderator is going to listen to him, the Chairman is able to negotiate. Do not like to see Selectmen involved in Finance Committee II 1 The Chairman asked, are we limiting our thinking on policy and administration - separate policy with policy making board and administration with Town Manager? Mr. Kenney said that some towns have Public Trusts . Mr MacKinnon asked who appoints Chairman of Public Trusts and Mr. Kenney replied that it was suggested to be a joint appointment; Mrs . Battin said, by the Manager. Mr Mabee asked Mr MacKinnon to give an indication about the qualifications of a Manager He asked if the percentage of unqualified Managers exceeds the percentage of Boards of Selectmen. Mr. MacKinnon said that there are grossly unqualified Selectmen. Election of Selectmen in some communities is a popularity contest. I am not in favor of electing as many officials in a town because of the number of autonomous Boards . There are good Selectmen, and some I hope that this is the last term. There are 312 boards, 15 or 18 Town Managers - I am not in a position to evaluate 1,000 Selectmen in comparison with something fewer than 20 Town Managers . ' Mrs Battin said that the Retirement Board should con- tinue under Chapter 32. Mr. MacKinnon asked about the present setup of the Board of Health and if the Agent is Civil Service. Answered in the negative. He asked, would you consider all statutory authority He must have all authority of the Board or you must have a Board that will assume the authority of the Board of Health. Have you found many controversial issues in the Department? Who is responsible for refuse? The Chairman replied that the individual is responsible for rubbish; garbage is the Town's responsibility Mr. Mabee said that Mr MacKinnon had mentioned earlier that he thought that the Town was basically better off with least number of elected boards, we have five, Housing, School, Moderator, Town Meeting, and Selectmen Can you think of more, Cemetery? Mr . MacKinnon asked how many are interred? Mr Greeley said there were 200 or 300 Mr. MacKinnon agreed with our approach to abolish. Mr. MacKinnon said there should be a termination of the election of Treasurer and Collector; they are the bane of ex- istence to Bureau of Accounts. No reason for the election of a Clerk. Elected Planning Board, gets into politics Plan- ning Board appointed by Selectmen is proper. One of the problems with numerous elected Boards is their feeling that we are not responsible to the Selectmen. Mr Kenney asked Mr. MacKinnon to comment about appoint- ment of Assessors Mr MacKinnon said that he felt that Assessors should be appointed by Manager with approval of Selectmen or by Manager alone There is a policy established by Assessors and asked why should I vote for a man who is going to put the value on my house? Special policy, affects the tax payer in town If you have sufficient confidence in Manager, would prefer not to be involved in appointment Mr. Kenney asked about his experience with Executive Secretary. Mr MacKinnon said that an Executive Secretary, in most instances , has very little authority. Statute says authority by the Board Give Article authority over budgets . When chips are down, he has no authority The Chairman of the Board of Selectmen thanked Mr. MacKinnon for coming to the meeting and Mr. MacKinnon said that he has had a pleasant experience with the Town A true record, Attest: Executive Clerk, Selectmen 3 9 SELECTMEN'S MEETING April 29, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday evening, on April 29, 1968, at 7:30 p.m. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk. Mr. Yewell, Town Treasurer, met with the Board. He explained that it was necessary to borrow $1,000,000 in anticipation of taxes. He requested the Board to Treasurer approve the two low bids submttted and to sign the seven notes and the delivery authorizations. Upon motion duly made and seconded, it was voted to approve the bids submitted by the New England Merchants National Bank of Boston on $500,000, 3.43% discounted, and the Newton-Waltham Bank & Trust Co. on $500,000, 3.45% discounted, and to sign the notes 1 and delivery authorizations. The Conservation Commission met with the Board. Mr. Sussman apologized for not delivering the Conservation Article earlier. He said that there were two items to discuss, Old Reservoir and Great Conservation Meadows. On Great Meadows, money was appropriated for study and they would like to discuss the Scope of operation with the Board. The Chairman said that the Chairman of the Arlington Board of Selectmen should be approached. Mr. Sussman said that they had been approached by the Arlington Great Meadows Committee. The Chairman said that we don't have a Committee on Great Meadows, and the first step is a meeting with the Arlington Board. Mr. Sussman said that he would like to discuss an item in Executive Session. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters 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 regarding land acquisition, it was voted to resume the open meeting. 19 4 At the request of the Town Clerk, three jurors Jurors were drawn. They are as follows: Melvin J. Kelly, 24 Homestead Street; Howard R. Kinner, ly. Thoreau Road; Edward J. Kearney, 10 Walnut Street. The Recreation Committee met with the Board. Mr. Bond told the Board that there is a great deal of interest in the Old Reservoir; he has received many telephone calls regarding it. The Cortell Bio-Engineer- ing estimate of development costs is $12,860. The Lexington figures looked low and we thought we should look into Reservoir it a little more. Because of the interest taken in the Town, we unanimously feel that if the Reservoir could be put to use, we should try. It is my understanding that the Board of Health would not approve. The pool would be 100' x 300' with a maximum depth of 8' ; they have been unable to get anybody to guarantee the filter system. The Chairman asked if the Committee was prepared to make a recommendation to the Board. Mr. Bond said that it was a great idea, whether a feasible idea, we don't know; if there would be water present enough of the time to warrant the investment; they can' t get a guarantee. There have been other quotations between $50,000 and $60,000. Mr. Greeley said that there are 91 acres there and Weston has one of less than 1 acre . The Chairman asked how much it would increase the personnel and to give an approximate cost figure. Mr. Bertini said that it would mean an increase of at least 12 members, plus a chain link fence. For 10 weeks, $7,000 or $8,000 to start. The Chairman said that the Appropriations Committee might not approve. Mr. Cataldo said that, basically, your committee could come up with an evaluation of cost plus to run it - parking lot, lighting, utilities - and assign some basic costs and come back. Aside from the $12,800, that is for capital cost. Mr. Kenney said, on that basis, the Overall cost. The Chairman said that there is to be a Citizens' Article in June, the Board must be prepared and have all answers. Either this is valid or invalid. Mr. Cataldo said that he wondered if this is feasible in the Lexington Reservoir. Arlington has one that is five times as large, there is great con- trol of water there, and it is not feasible; here it is. This is not spring fed, it is surface water. Mr. Gray said that the biggest problem was that there is no control over the supply of water. 1 The Chairman said that the Board depends on the Recreation Committee for recommendations. Mr. Bond asked the advice of the Board as to the proper people to contact. Mr. Greeley suggested someone in the State Department of Natural Resources or the M. D. C. The Chairman said that they should get in touch with Bob Zasi for the opinion of an expert. Mr. Greeley asked about the distribution of the Cortell Report. Mr. Gray said that the Planning Board, Recreation Committee and Engineering Department had copies of it . Mr. Greeley said that we can ' t go into Town Meeting with this report in our pocket, when Town Meeting is asked to vote on it, they should have copies of the report. Mr. Cataldo asked if, when Mr. Cortell submitted the report, the Committee had gone over it with him. Mr. Sparrow said that they had. We had another group in and they advised against it because of pollution. Mr. Cataldo said that the Board of Health has a thick file on the Reservoir. Mr. Sparrow said that, taking the estimate of cost, a favorable report would be between $40,000 or $50,000. Mr. Kenney said that the Committee is confident on development costs, operating costs you can come up with, and adirised them to contact the M.D.C. Mr. Gray said that he would be glad to meet with them; he has had experience with running a pool and he knows that it could be a problem. Mr. Greeley said that before Town Meeting we must make the Cortell Report available, must have report from Recreation Committee, as well. The members should put the Report out, release it and publish with its own comments. The Chairman said that this is going to be rather expensive to release. Mr. Greeley said that anyone could come into the office and look at it . Mr. Kenney said that copies should be sent to TMMA officers. The Chairman said that it is a public record, whatever avenues we have to go . . . Checking Natural Resources is a good one . Mr. Adams said that he would be happy to run a short digest of it, if the Committee says it is feasible. The Chairman said that the Committee should get some contrary opinion; it might confuse, but both might give something to back up. Mr. Bond said that they are not making much progress on their new pool. The Chairman asked the status . Mr. Gray said it was under design by consulting engineers. Mr. McSweeney said that they hope to have a set of plans and cost recommendations on next Monday night. Mr. Cataldo asked what is the schedule? Mr. McSweeney said, 3 weeks. Mr. Chairman said that the Town Engineer will get in touch with Mr. Bond. Mr. Kenney told the Recreation Committee that Article S7 Mr. Stevens had met with the Board regarding the land in- volved in Article 57 of Annual Town Meeting. Mr. Bond said that they could see no objection . The owner is willing to give some property to the Town, 80 feet. Mr. Kenney asked that a written report be submitted to the Board. Mr. Legro requested the Board to sign the Blue Blue Cross Cross-Blue Shield Contract; he said that the form is in Blue Shield order. Contract Upon motion duly made and seconded, it was voted to sign the Blue Cross - Blue Shield Contract. Mr. Legro requested the Board to sign contract Whitman & for Engineering Services of Whitman and Howard. Howard Upon motion duly made and seconded, it was voted to sign the contract for Engineering Services of Whitman and Howard. Mr. Otis Brown and Mr. Frederick Conroy of the Worthen Road Realty Co. met with the Board. Worthen Mr. Conroy said that their meeting concerned the Road sewer lateral on Worthen Road in front of Battle Green Realty Office Park. Mr. Brown requested that this was considered to be very similar to the request of ITEK for the extension of a lateral sewer on Hartwell Avenue to serve their new building. He felt that his situation is similar and he should not be required to pay the full cost of this lateral. The Chairman said that the Board would take the matter under advisement. I 397 Mr. Gray said that he received notice that the petition of the Battle Green Inn for a billboard to be erected on Route 128 has been denied by the Common- Billboard wealth, Outdoor Advertising Division. The Chairman said that he would vote to have local approval of all billboards and not have to go to the State. Mr. Gray read a letter received from Mr. Alford Peckham requesting permission to hold the annual Little youth baseballparade on Saturday, May 4, 1968 at League 1:30 p.m. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Youth to hold a Baseball parade on Saturday, May 4, 1968 at 1:30 p.m. Mr. Gray said that Mr. Morey had ealled regard- ing a letter he had received from the Cemetery Depart- ment requesting a transfer of funds to resurface the main entrance roads to Munroe and Westview Cemeteries. Transfer Mr. Gray said that Mr. Morey had funds availa- ble. Mr. Morey said that there were funds available from the Gilmore Fund but would have to have the approval of the Board and Town Counsel. The Chairman asked if the Board approved. Mr. Legro said that he would like to study the Gilmore Trust Fund before action was taken. The Board agreed to hold the request in abeyance. Mr. Gray said that he had received a letter from William Halsey regarding a bill from John Tocci & Sons, Public Inc. , Watertown, on the Public Works Building. The Works Committee recommends the payment of $20,000 on the Bldg. bill submitted for $22,361.45. Upon motion duly made and seconded, it was voted to approve the bill submitted by John Tocci & Sons, ' Inc. , for work done on the Public Works Building, in the amount of $20,000. Mr. Gray said that be had received a notice of a hearing to be held by the Commonwealth Department of Public Works, in the Woburn High School, Woburn Hearing on May 14, 1968 regarding the construction of a new State State highway in the Town of Lexington and the City Highway of Woburn. Mr. Gray said that Mr. McSweeney was notified that they plan to start construction in late August or September and there is a need for a sewer lateral. 39S Money has been appropriated, $100,000 for a force main to serve the area. Mr. Mabee said that a force main goes parallel with the lateral. The Chairman said that we should do it . Mr. Kenney asked if the money left over from the subdivision could be used. Mr. Cataldo said that the Appropriations Com- mittee would not give it to them because it is for trunks . Mr. Kenney said that they could ask again. Mr. Mabee suggested that the money could be taken from some other place. Mr. Gray said that it must be put in during the summer. The Chairman said it could be incorporated in the State contract. Mr. McSweeney said they are thinking of incorporating it in the trunk sewer, $0,000. The Chairman asked if we can use the money in subdivider' s trunks. Mr. Cataldo said that this is a lateral. Mr. Gray said to put an Article in the Warrant. Mr. Greeley said that there is an Article in for laterals subject to betterments, include all three laterals. Mr. Greeley said that it comes under the Article we already agreed to put in the Warrant . The Chairman asked if the Board agreed to this approach? Mr. Mabee said that he was in favor. It was agreed to have one Article for all three laterals. Mr. Gray read a letter regarding a sewer for the new Liberty Mutual Building on Bedford Street. He Liberty said that they proposed to construct at their expense. Mutual Mr. McSweeney said that it was a preliminary type of plan, otherwise it would have to be extended from Sunny Knoll Road along Bedford Street, and it was all ledge. Mr. Kenney said that it would complete the area as far as sewer was concerned. Mr. Gataldo mentioned the grade of the manhole located near the entrance to the Public Works Building, Mr. Gray said he wanted to present it to the Board and ask the Engineering Department to come back to the Board with a report. Mr. Greeley said that this is being done by them because it is not feasible to put in a public street. Mr. Cataldo said to find out what houses are not served on Bedford Street. 399 z Mr. McSweeney is to report back to the Board. Mr. Gray said that there was a problem with the sewer on Philip Road. It is a temporary road, put in until sewer corrections can be made. He read a letter from Whitman and Howard; they had tried to find the Sewer cause of damages, it may be expensive to repair. Both roads and sewer construction came a couple of years apart, they went according to the contract. It's an impossible situation, trying to say which one made the mistake. The Chairman said that we have a bad sewer and we have to fix it at our expense . Mr. Greeley asked if it was an inverted syphon. Mr. Gray replied in the affirmative, but it was functioning now. The sewer maintenance budget may run over, we may have to request a transfer. The Chairman asked when this is done and the road built, what is the time element? Mr. Gray said that it could not be done until after school is out, there is a lot of engineering involved. Mr. Greeley said that they have to get down in there to know what has to be done . The Chairman asked if the Board agreed to go ahead using our sewer maintenance funds. Mr. Cataldo said that there is no question but it has to be fixed. It is time we did something about the report from Whitman and Howard. They know where it was installed. Can' t see paying these costs every time; same thing happened on Waltham Street; we shouldn' t sit back and expect this thing. The Chairman said that we just can' t prove anything. Mr. Cataldo said that if these people are going to do their job properly, are they going to take these things into consideration; are they going to issue a contract knowing this condition exists? Mr. McSweeney said that Whitman and Howard claim that they did their job. Mr. Cataldo said that when Crimp designs, he should take into consideration the way it is constructed. Mr. McSweeney said that the Town can' t come in and say which one is to blame. There was no Inspector on the Crimp job. Mr. Greeley asked if it would be in order to go back to Whitman and Howard if it so clearly is something that could have happened, we should have been alerted when they see something coming that is unavoidable. 400c� Le: Mr. McSweeney said we don' t have enough control over the work. When the check is due, we pay it. Mr. Cataldo said we will get them together. If we can' t get this thing solved, get rid of both of them, it is time that it stopped. Mr. Gray mentioned the Hartwell Avenue interceptor. He talked about a 30" sleeve which was in there . Started excavating to find the sleeve, found 14" pipe. The cost of excavation was $300 a foot. Found the pipe today. We have approximately 31 feet under the R. R. tracks . We Hartwell don' t think we should pay this . Sleeve showed on the Avenue preliminary plan . Such a critical area I feel was not Inter- thoroughly investigated. captor Mr. McSweeney said that due to investigation, they asked me if the contractor was within his rights . $12,000 estimate and we don't have the piece of pipe in the ground yet. Pipe not in sleeve, but encased in concrete. Told him that we want someone from Whitman and Howard to advise as to what direction we should take. It is beyond the scope of the contractor . The Chairman said that if Whitman and Howard can't pin this on anybody, we may pin it on them. They are our agents and they are very desirous of keeping the Engineering contract in Tewn. If it can be handled by Department Heads and not settled, it should be handled by the whole Board. We shouldn't have to foot the bill. Mr. Kenney said that the difficulty is that we have nothing to hang our hats on. Mr. Mabee said that these are two good issues to discuss. The Chairman said that the quicker we can investi- gate and take over, the better it will be. Mr. Mabee said that Mr. McSweeney should write up the report for us; have the specifications of the contract, pertinent points, results, and where the responsibility lies . Mr. Cataldo said that maybe the document was not drawn properly. Mr. Mabee saCd that the Board would like a report to them. Mr. Gray said that he had received an approved bill from Mr. Gary for final payment to the D. J. McCarty Construction Company for work dose on the Buckman Buckman Tavern in the amount of $L1.328.20. Tavern Upon motion duly made and seconded, it was voted to approve payment of the final bill submitted by D. J. McCarty Construction Co. for work completed at Buckman Tavern in the amount of $4328.20. 401 Mr. Gray said that he had received a call from Mr. Pisiello regarding his dogs. The Dog Officer's restraining order specified that the dogs were to be kept from barking. Mr. Pisciello doesn' t think the Dog Officer has the right to enforce and the Dog Officer feels that he has. Mr. and Mrs. Pisiello work during the day, the dogs are in a pen and are Pisiello taken in at 3:30 p.m. Mr. Gray said that the Dog restraining order has not been lifted. Mr. Cataldo said that we should make sure that the Dog Officer is within his rights to restrain the dogs. Mr. Greeley said that the issue raised by the lawyer, despite the by-law which says the Officer can restrain, was based on the statute which says the Dog Officer must have a written complaint. Mr. Legro said that it follows the statutes and the provisions for enforcing are set out in the statutes. Sounds like a dog hearing. The Chairman said that the Dog Officer is aware of the law. Mr. Gray said that the Dog Officer could not get the telephone number of Mr. Pisiello as it is unlisted. That is the reason the cruiser was sent . The Chairman read the letter sent to Erwin Canham, Editor of the Christian Science Monitor, regarding the April 19 April 19 incident and accusations publicly made by incident Mr. Canham concerning a young negro and the Police Department. An invitation was extended to Mr. Canham to meet with the Board. Mr. Gray read a letter received from Earle Burke requesting an abatement on his sewer betterment assess- ment of his property at 132 Adams Street. The Board looked at a plan and checked the assessments of all properties in the area. Abatement Mr. Kenney moved to deny because Mr. Burke' s immediate neighbors are equally assessed. Upon motion duly made and seconded, it was voted to deny the request of Mr. Earle Burke, 132 Adams Street, for an abatement of his sewer betterment assessment. The Chairman read a letter from the Maritime Administration requesting the Board to have the Proclamation declaring Wednesday, May 22, 1968 as National Maritime Day issued to the local newspaper. Maritime U Upon motion duly made and seconded, it was voted Day to issue the Proclamation declaring May 22, 1968 as National Maritime Day. 4102 Mir The Chairman read a letter from William E. Porter and William J. Wilson requesting a further deferment for three years of the sidewalk betterment assessment levied against the property on East Street. Deferment Upon motion duly made and seconded, it was voted to grant the request for a three year deferment of the sidewalk betterment assessment levied against the property owned by William E. Porter and William J. Wilson, 6 East Street. Upon motion duly made and seconded, it was voted V.F.W. to grant permission to the Veterans of Foreign Wars for the sale of poppies on May 21i. and May 25, 1968. Upon motion duly made and seconded, it was voted to make the following appointments to the Town Cele- Appointments brations Committee for a three year term, expiring May 1, 1971; Bernard J. Belcastro, Raymond Barnes and Ralph Lord. Upon motion duly made and seconded, it was voted Appointment to appoint Mr. Cataldo as a representative of the Board on the Hunting Committee. Mr. Greeley asked about the recommendation on sidewalks by the Traffic Safety Committee; they were supposed to meet with the Planning Board and the School Committee. Articles Upon motion duly made and seconded, it was voted to insert the following Articles for the Warrant for the Special Town Meeting; Conservation Article, School Department Article, and Cemetery Commission Article. Upon motion duly made and seconded, it was voted to close the Warrant. Mr. Gray said that Mr. Burke had taken bids on a shovel-dozer. $25,000 was appropriated and Mr. Burke's recommendation was an International at $23,379. There will be a balance of $2621 for Shovel that particular item. Dozer Mr. Burke said that the unit purchased should be equipped with a t. in 1 bucket assembly since it is more adaptable to the work that the machine will be required to do at the landfill site, than is the so-called standard or general purpose bucket . The International is a heavier duty unit and this fact is substantiated when the basic tractor weights are compared. The other bids are $26,750 and $28,400. The fourth bid did not meet specifications as to weight. L 44 Mr. Cataldo suggested that the Board hold the bids. Mr. Burke said that the bids had been received on April 17 and there was a 30 day period . The Chairman said that the bids will be held for further discussion. Mr. Greeley said that Rev. Ploy Taylor of the First Parish Church had delivered a sermon on racism and his final plea was for a Citizens' Committee -to meet on the problem of relationship with the youth of the Town. He said there is a need for dialogue between the police and the young people regarding loitering. Mr. Taylor referred Mr. Greeley to Mr. Kent, recommending a group be appointed. Mr. Mabee said that there is an undercurrent that should be discussed, but he recommended a delay until the Board has had an opportunity to read the sermon given by Mr. Taylor. The Chairman said that a free and open discussion is always a good thing, but he felt there was not a need for a Revue Board. The Board has a Committee, Human Relations Committee, very broad in concept. Mr. Greeley said there are no predilections at this time. Mr. Taylor issued a direct challenge to the situa- tion he saw in Town. When we see the communication, we I can decide whether to ignore it or not . Mr. Mabee said that Chief Corr is going to tell specifically what goes on with respect to drugs at the High School Auditorium on Thursday evening. Mr. Cataldo said that he feels very strongly that they should meet with the people; the undercurrent is not only a police issue. They should try and straighten out the situation. The Chairman said that if only the people who talk about loitering knew that just twenty-five letters have been sent to parents and only four have been taken to Court. The Board is to receive copies of Rev. Taylor's sermon and will then discuss the situation. Mr. McSweeney gave copies of his revised Engineer- ing Budget to the Board and explained that Northeastern University is going to set up a program for him to use Engineering students. The Board will discuss the Engineering Budget at 0, / ) a later date. D Cr r. A true record, Attest: &6c-et, )11c4 - Clerk, Selectmen The next regular meeting of the Board will be held In the Selectmen' s Room, Town Office Building, on Monday evening, May 6, 1968, at 7:30 p.m. 404 c: SELECTMEN'S MEETING May 6, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 6, 1968, at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Burke, Superin- tendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present . Mr. Erwin Canham, Editor of the Christian Science Monitor, met with the Board. The Chairman opened the meeting with Mr. Canham. He has been invited to meet with the Board ; it is not an open hearing, it is an open meeting. He told Mr. Canham that they were happy to have him here and Mr. Cahham knew the reason for it. There is some embar- rassment on both sides of the fence. We have been con- cerned because we don' t think Lexington is a racist town. We know its government is not racist and its de- partments are nit rapist. We feel it was not your intent . . . Mr. Canham said that is perfectly true. I know it is not a racist town. I am happy to be here. I am at your disposal. Kr. Canham The Chairman said that the Board may have various question to ask you. I was upset in the beginning when I was informed of the story. I said that if these facts were true I would apologize. Later I talked with Re- porter England and related the facts to him and he assur- ed me the facts would get to you - to have the facts pro- perly known. May I atk you the basis of hyperbole on your part? There was one way that members of the family saw it. It is good we bad this contact with you. I re- cognized at the outset there were some identical inci- dents . The Chairman asked the Board if anyone had questions . Mr. Kenney said it was just a full routine police investigation conducted by a competent man. Mr. Greeley said his suggestion was that we will have some of our friends, have the Civil Rights Commit- tee come in, and make known to Mr. Canham the good we have done, which I think is considerable. We have done a great deal in this Town. It seems to me that the kind of publicity Lexington wants is to help relieve this problem, rather than accentuate it. 40r- 11 The Chairman said that they, primarily, are concerned is easing tensions they have in the Town and the Depart- ment heads think the same way. Mr. Cataldo said there was no question of the respect the people of Lexington have for you. They look to your editorials with great respect. I, personally share thi* respect. This raised a question in my mind, did this come about by the April 19th incident, or others we don' t know about. I can' t see one incident would have brought youu to this point, if there is something beyond which we don't know about. We do everything in our power to ease the ten- sions . I couldn't bring myself to understand why Lexing- ton was brought into this focus . Mr Canham said that, at the time of the hearing be- fore the Boston City Council, there was no other motivation or information. I had been told two related versions. I have received letters since then but these are problems of the Town of Lexington and I have no desire of interfering with the Town. As I say, the episode struck me then as a case of a black boy being picked up. I hope the comment doesn't offend anyone but it does, even now, strike me as being pretty zealous . This is so easy for us, for sen- sitive people, to feel that this was a racist act. It il- lustrates, a kind of unconscious racial act. This may be a misjudgment. Correspondence that I have had suggests a degree of zealousness toward young people I have not had an opportunity to make a full investigation. I am sure that which you have within your area in your responsibility. There have been many incidents that have been written to me, incidents that were illustrations of zealousness . This is a town where a lot of strangers come. Mr. Cataldo said that this is the only incident, and asked Mr Canham what his feeling would be if the Police Department walked by and a half hour later the boy got sick. Mr. Canham said he was no authority on what people should do. From where I sit, I feel it was extremely over- zealous . Mr. Mabee asked if he were aware of zealousness in re- verse direction which the officer who took the boy to the station has . Mr. Canham answered in the affirmative and said he had included it in the statement which he wrote on the next day. Mr. Mabee said some indiiidual spanned the issue. Mr. Greeley said that Mr. Canham had spoken of other efforts of zealousness . Mr. Canham said that he would give an illustration. A family got in touch with me saying that their daughter went to the Public Library. She called her mother and asked her to pick her up. She was approached by the Police and ques- tioned why she was standing there. There wane imputations 406 G: on her morality. This strikes me as being overzealous . Maybe an investigation would show the right for Police to approach a young girl. I can't really judge that Taken in context, it seems rather rigorous . Mr. Greeley said that one relates to overzealous- ness on the part of the Police and the other to pre- judice. You are referring primarily to overzealousness? Mr. Canbam said that I don' t want you to think I am trying to make a great case . I am well aware of the depth of the problem regarding the youth, but knowing when to act and when not to. The Chairman said, could I suggest that we are hu- mas beings subject to human frailties . I can assure you it is our earnest desire that there be no overzealous- ness on the part of the Town. It is our desire that its Police Department be zealous in discharge of it duties . Mr. Cataldo said that as much as we would like to work in that direction, we would like to see cooperation of the press , that they not be overzealous . The Chairman said that it has certainly not been our intent to bring embarrassment to jou. We appreciate your coming out, if this has served some good it baa been well worth it. I don 't think it has served any harm. Mr. Canham said, I particularly say again that I know the Town of Lexington is a perfectly splendid town and I am sure you are trying to maintain the right direc- tion. I, myself, have been guilty of unconscious racism. You have been extremely tolerant toward my indiscretion. This meeting tonight itlustrates the fact that we are all working toward the same objectives . The Chairman said that if Mr. Canham has no further question of the Board, we have no further questions . Mr. Canham retired . The Center Committee met with the Board. The Chairman said that the Committee unanimously recommends to the Board that they proceed with the pro- ject of Lexington Center as it was originally presented , Center with no changes from original design. Committee Mr. Greeley asked if they recommend narrowing the dimensions of the curbing itself. The Chairman said that the width of the curbing would be narrowed ; it would reduce the cost. Mr. Kenney asked if they had decided to use brick pavement. Mr. Cataldo said that be had met with part of the Committee and had expressed his feeling about the project. The Chairman said that the Committee found great difficulty in agreeing. Some said a double row of trees down the Avenue, others had the idea not to have double Pow of trees . This is a cumbersome situation. 407 1' Mr. Cataldo said that we should look at this with overall approach. How can we get it accepted now that time is some history of construction and maintenance problems; it must be re-evaluated. Heels are one pro- blem, brick, itself, another problem; can see us repair- ing the bricks in another five years. The Chairman said that thin heels are not being worn as much now and the cleaning of the sidewalk was brought out by Public Works, we could get a machine that can clean without damaging the bricks Mr. Cataldo said that be would hate to see the pro- ject stop here because of problems we know exist there. The only reason we got the money is that they know that section should be done. Mr. Kenney asked bow the Committee felt about a concrete sidewalk. The Chairman said that concrete poses problems, it does crack. I was originally opposed to brick but now I am convinced that brick would b®rk. Mr. Greeley said that be would like to bear someone comment of the relative merits . The Chairman said that Walter Pierce, a member of the Center Committee, is here. He is an architect and experienced on this subject Mr. Pierce said that on the problem of colored con- II crete, aside from the problem of cracking, the color fades . The result would be much less than satisfactory. He men- tioned that City Hall Plaza, Boston and Harvard Square have been successfullcy paved in brick. When the subject was discussed with the Committee there was very little evidence that the present brick installation has met with very wide resistance on the part of the people. Mr. Cataldo asked if he is talking about the same type of brick, some are specifically square, these are not. Thkse are not square enough to get a good tight joint. Mr. Pierce said that he was not involved in the final purchase of brick, maybe we could improve on brick; it was laid on concrete base and there was a frost heave. There is one possibility of using mortar joint instead of sand joint. Whether we can improve on brick itself . . . Think mortar joint, undoubtedly a better installation. Mr. Cataldo said if we weren't going to use salt in Lexington Center, what if we do? The Chairman said that we used sand, not mortar. Mr. Cataldo said that it was pounded in. Everythigg seems to be against it, the water from the roof is pull- ing it out. My feeling is to have some aggregate in there, not colored concrete. Probably something we could II consider. Mr. Pierce said that he was against any exotic finishes . 4108 e W. c: There is a problem of aggregate popping. Would like to provide a strong carpet to take care of the intensive pedestrian traffic. Mrs. Sharfman said that they keep referring to the need to finish the center. At the last Town Meeting, the vote was overwhelming. I am not sure we should anticipate any problem on appropriation. Information in- dicated that a lot less money would be needed . Mr. Cataldo said that many came up after the meet- ing and told us they had reluctantly voted for it. They were opposed to it because of the brick. Mr. Kenney asked if the Committee had a recommenda- tion from Public Works . The Chairman said that the Committee consists of the Executive Assistant, Mr. Gray, Mr. Zaleski, Mr. Pierce, Mrs . Sharfman, Mr. Kolovson, Mr. Burke, and Mr. Cole. When the Committee was formed, the Chairman took it upon himself to put the Town Engineer on the Committee. Mr. Mabee said with a Committee of all these people if they are making a recommendation that this is the plan, we should approve it. I move to approve the plan. Mr. Greeley seconded the motion. Upon motion duly made and seconded, it was voted to accept the plan of Lexington Center to Edison Way. Mr. Cataldo abstained . The Chairman read a letter from Chief Corr recommend- ing the appointment of three Special Police Officers. Special Upon motion duly made and seconded, it was voted to Police appoint the following as Special Police Officers : Lee B. Jackson 62 Bow Street Kenneth S. Garber 161 Bedford Street George C. Barry 36 Forest Street Upon motion duly made and seconded, it was voted to Private sign the Private Livery License for Raymond E Dalrymple, Livery 6 Sheridan Street. Upon motion duly made and seconded, it was voted to Minutes approve the Minutes of the Selectmen' s Meeting held on April 29, 1968. Upon motion duly made and seconded, it was voted to sigh Water Abatements for the following: Vera Taranto, Abatements $3.00; Winslow J. Tower, $8.75; Frederick H. Morse, $6.30; Emri Diosy, $32.68 . Upon motion duly made and seconded, it was voted to grant permission to the Lexington Field and Garden Club Permit to hold a sale of plants on the Buckman Tavern Grounds on May 16, 1968. 409 Upon motion duly made and seconded, it was voted that the Board had no objection to a Country Auction to be held Permit by Temple Emunah on the Temple grounds on May 6, 1968. The Chairman said that the Board had agreed to put in an Article on Civil Defense Warning System in the Warrant for the Special Town Meeting in June. Article Upon motion duly made and seconded, it was unanimous- ly voted to include the Article on Civil Defence Warning System in the Warrant for the Special Town Meeting, June 3, 1968. The Chairman asked the Board to consider the bid sub- mitted at the recommendation of the Superintendent Of Pub- lic Works on the purchase of a shovel dozer, in the amount of $22,379. Shovel Upon motion duly made and seconded, it was voted to Dozer award the bid for a shovel dozer in the amount of $22,379, to the International Harvester Company. Mr. Gray read quotations submitted on Water Meters and requested that the Board award to the low bidder, Neptune Meter Company, in the amount of $12,388 33. Hersey-Sparkling Meter Company had submitted a bid of Water $12,51. 81. Meter Upon motion duly made and seconded, it was voted to Bid award the contract for water meters to Neptune Meter Com- pany, in the amount of $12,388.33. Mr Legro said that he would like to report to the Board regarding the question raised by the Bureau of Accounts on the quantum of votes for Articles 56, 57, and 8saidi 5 . He that the Town Clerk had sent cop esaf the vote to the Bureau of Accounts in response to their letter, and he bad written his opinion as to why a maj- ority vote was required . Mr. Legro read the tetter received from the Director of Accounts stating he con- curred with Mr. Legro that only a majority vote was necessary. Mr. Legro said that he was most happy to re- ceive the letter. Mr. Legro requested the Board to sign the tax title deed for lots 186 and 187 Grassland Street, purchased by Peter and Mary I. Sowkow The deed reserves an easement. Tax Upon motion duly made and seconded, it was voted to Title sign the deed and authorize Mr. Legro to execute the in- strument for Tax Tttle Lots 186-187 Grassland Street, purchased by Peter and Mary I. Sowkow. 410 Mr. Legro said that be and Mr. Gray had been work- ing on the figures for publishing the full text of recodification of the Zoning By-Laws . If they are approved by the Attorney General, they have to be pub- liaked in the newspaper. Statute reference to Zoning By-Law is sufficient. We have always published the full text as it is the only manner in which people are well informed. The cost will be $500 or $600 greater to do it this way and Mr. Legro recommended that they be publ lisped ib full on each of these occasions. Mr. Gray said that there are two ways of doing it, similar to Town Meeting Warrant, complete recodifica- tion, a two-page Warrant, extra copies of newspaper stapled to Warrant. He had investigated the cost and there is a $500 difference. We feel the Town should have everything is one package. The way we printed the War- rant, Town Meeting members would have for easy reference. This is the way it will be printed . The Chairman said that by publishing in the news- paper everydne will have a chance to see what is proposed Mr. Legro said that this is conforming to the letter of the law. Benefit of people having an opportunity to read it in full, may very well save substantial confusion. May cause us to save doing it over again. My recollec- tion of the 1950 revision of Zoning By-Laws is that for a number of years afterwards many people were using the newspaper as By-Law. This may save some number of print- ings for the Zoning By-Law. I think it has some merits . Recodifi- Mr. Gray said that, on the basis of the letter from cation of the Planning Board months ago, I did include $2,000 Zoning extra in the election Budget. This may run more than By-Law $2,000 for printing the recodification. The Chairman asked if he had alerted the Appropria- tions Committee. Mr. Gray said that he bad not, but he had discussed it with Mrs. Riffin and, as far as the Planning Board is concerned, it is all set. Upon motion duly made and seconded, it was voted to authorize Mr. Gray to proceed with the printing of the recodification of the Zoning By-Laws . The Chairman read a letter received from Hartld Stevens which stated that Boerner Lexington Corporation has petitioned the Board of Appeals for a variance to allow parking for their building. Boerner Mr. Mabee said that the Planning Board has always Lexington been against neighborhood abutting land to be used for Corp. parking as it basically changes the area. Mr. Legro said there would be an R-1 section in there, useable for nothing. Mr. Greeley said that this is an exceptional case, rather that a typical case 414 Mr. Mabee said that there is a reason for exception in this case. Upon motion duly made and seconded, it was voted to write the Planning Board favoring the transaction that a variance be granted to allow parking in this area Mr. Gray said that DeMatteo Company was doing work on Lincoln Street and he requested the Board to ask Mr. McSweeney to give a plan for the Lincoln Street side they would like to have it done before the end of June. Mr. Cataldo slid that he would like to see it land- scaped to the point of the fence, thatactual part along Linclon Street done - to get it cleaned up. The drain to be put in and the driveway Mr. Mabee asked if a snow fence would be put in. Mr. McSweeney said he felt that they should con- tinue fencing. Linooln Mr. Cataldo asked how many feet. Street Mr. Mabee said to fence across the front, between the street and the site. He asked how far back the right- of-way goes . Mr. Cataldo said at the sidewalk. 10' or 12' of shrubs, move fence back, put snow dump in where recommend- ed and the driveway in where recommended . He feels that nothing should be done without referring back to Mr. McSweeney. Then come back with the plan and the Board will vote. The Chairman said that Mr. McSweeney had the tacit ap- proval of the Board . Mr. Kenney said that be preferred the Structure of Government meeting of May 9 be held in the Selectmen' s Room rather than a private home. The Chairman said that the Board had been invited to the meeting. He will talk with Mr. Russian regard- ing the location, but stressed the fact that the Board had been invited by the Structure of Government Committee. Fire Commissioners Bailey, Fitzgerald and Robbins met with the Board . The Chairman said that the reason for the meeting was to have questions answered on the equipment the Fire Department will be getting. Mr. Cataldo said that, basically, there are two Fire questions . The service truck was voted at the Annual Commis- Town Meeting and they are talking a substantial amount sioners of money for a piece of equipment . They haven' t had the answers on the justification for how many poles you are going to transfer. Who is going to do this work and on what basis . I can see some problems coming up. We i12 r^ Y.1e should have asked before Town Meeting. They didn't cbme to us before it was put out to bid. - There should be some understanding as to where we are going on the pieve of equipment. The basic questions are, how many poles are you going to change over? What does it cost at this point? Who is going to do it? Who is going to pay them, and how are they going to be paid? Mr. Fitzgerald said that Chief Spellman has the list. Mr. Bailey said that we have been holding back, we have been just bitting the ones we have. Mr. Cataldo said they would request hooking up the alarm system at the Public Works Building - cost us a substantial amount of money to put the system in. If they can' t do this simple operation -- cant't under- stand doing tremendous pole changes . Mr. Gray said that he had received a call regard- ing a connection with the box on the outside. He called the Chief and when he came down he said that they were not equipped to do this . Change-over box originally on old building; the box was taken off and put on pale just across from the driveway. All hooked up again, really wasn' t box work. Mr. Robbins said that he will check with the Chief and report back to the Board . Mr Cataldo said that it cost $1,100, if our De- partment can' t do that thpe of work . . $11,500, for that type of equipment. What problems are we going to create with our men out there? What are we going to pay them and how are we going to pay them? There was no direction given at Town Meeting - to go Civil De- fence or buy outright. Mr Bailey said that he didn 't know if they can go Civil Defense. Mr. Cataldo asked if there was substantial they don' t need. Mr. Bailey said they wanted to save town money. The Chairman asked if it would cost less to go Civil Defense. Mr. Bailey said that they are trying to get Civil Defense approval. Mr. Cataldo said that truck can' t be traded under Civil Defense - would have to hold a year. Mr. Gray said that he had discussed it with Mr. Burrell. This is a unit over and above what a town normally has . Would have to keep it at least a year before disposal of old unit The Chairman asked if the net result would mean less cost to the Town on the whole operation; have to hold in abeyance. I Oil Mr. Greeley said it would be plus the cost of keep- ing the old truck if we have to. The Chairman said that no move will be made until there is an answer to this . Mr. Cataldo suggested that Mr. Gray handle the sit- uation on the utility truck. Mr. Gray said that he will talk with Mr. Fitzgerald. The Fire Commissioners retired at 9:25 P.M. Mr. Gray discussed the Hamilton case with the Board. He requested authorization from the Board to settle with Mrs . Hamilton and prepare a form of release, He recom- mended a connection to the sewer line. Hamilton Upon motion duly made and seconded, it was voted tp Claim grant authorization to Town Counsel to execute and pree pare award of damages in the nature of a sewer connectin in place of cash damages to Mrs Harriet Hamilton Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the finan- cial interest of the Town or the reputation of any person. Following discussion which involved litigation and land damages and the applicants for the position of Town Counsel, it was voted to adjourn at 10:10 P.M. A true record, Attest : Executive Clerk, Selectmen ( L.0 C' y� It r co 414 ze SELECTMEN'S MEETING May 13, 1968 1 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, May 13, 1968, at 7:30 p.m. Chairman Cole, Messrs. Cataldo, Mabee, Kenney, Greeley were present. Mr. Gray, Executive Assistant, Mr. Burke , Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. MoCurdy, Executive Clerk, were alsd present. Hearing was declared open upon petition of the Boston Edison Company for permission to locate one hip guy and anchor on Longfellow Road. Notices of the hearing were mailed to the peti- tioners, owners of the property as listed on the petitioners' plans and also filed with the Superinten- dent of Public Works. Mr. Jones, representing the Boston Edison Company, was present and said that their construction people have requested the petition for a hip guy and anchor in con- junction with a dual conversion wire that runs across Hip Guy the street. It originally fed 2300 volts and it has and Anchor been changed to 8,000 or 9,000 volts. The street is 40' lOcation wide and lawns of 5' or 5' run out to the street. The plan shows that the hip guy and anchor would be on the property line of Mr. Mayer and Mr. Lowry, in back of the driveway so that a snowplow could get between the driveway and the pole. The Chairman asked if anyone was in opposition and Mr. Mayer, 5 Longfellow Road, said that he would like some more information. Mr. Greeley asked if the guy wire would be on Town property. Mr. Jones said that due to the fact that there was no sidewalk, it would appear that they would dig up 5' of lawn when, actually, it was a public way. Mr. Mayer said that they have to maintain 5' . Mrs. Mayer asked if it would be less conspicuous down the street as this will have a large arm. Mr. Jones said that if they came down at an angle the snow plow couldn' t get through. You will find on a public way in Lexington there are very few installed straight out; this is the reason for the arr. The Chairman asked if Mr. and Mrs. Maier wished to register an objection and Mr. Mayer answered in the negative. 415 ' The Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following location: Longfellow Road, from a pole located on southwesterly side, approximately 155 feet southeast of Burlington Street, one (1) hip guy and anchor. Mrs . Tryon requested permission of the Board for the Bowman Park Association and neighbors to have a work day in Bowman Park on Saturday, May 25 from 1:00 p.m. to 5:00 p.m. They plan to identify and prepare field labels Bowman for some of the fine specimen trees in the park, to re- Park cord their location on a map of the area and to generally clean up litter and debris . The Chairman said that the Board had no objection, but the Park Superintendent must be notified so there would be supervision on the project. The Town will not assume liability if someone is hurt. He asked that Mrs . Tryon submit a written request and the Board will reply as soon as it is received. Mr. Gray said that the Public Works Department has taken bids on Calgon for water treatment. He recommends that the contract be awarded to the low bidder, Calgon Corporation, 77 Summer Street, Boston, for 20,000 pounds of unadjusted glass calgon at $13.45 cwt. Upon motion duly made and seconded, it was voted to award the contract for 20,000 pounds of unadjusted Calgon glass calgon at $13 .15 cwt . to the Calgon Corporation, 77 Summer Street, Boston, Massachusetts. Mr. Gray read a letter from the Town Engineer requesting an easement at 72 Hancock Street. Mr. McSweeney said it was for a drain that Easement extended into lot 3. It previously had two catch Hancock basins that drained into lot 3 and go to the ditch at the Street B & M railroad. Mr. Greeley asked if there was a consideration involved. Mr. McSweeney said that it was agreed there were to be no damages. Upon motion duly made and seconded, it was voted that an easement be taken at 72 Hancock Street for the purpose of a drain. 416 c- 1 Mr. Gray submitted the Warrant for Special Town Meeting on June 3, 1968 and requested the Board to Warrant sign. Upon motion duly made and seconded , it was voted to sign the Warrant for the Special Town Meeting to be held on June 3, 1968 . Upon motion duly made and seconded, it was voted to sign the Common Victualler License for Bubtricic' s, License 34 Bedford Street, now under the management of Brigham' s, Inc. Upon motion duly made and seconded, it was voted to I.D. card sign a liquor identification card for Kerry J. Enright, 42 Hill Street . li The Chairman read an invitation to attend the installation of the VFW on Saturday, May 25, 1968. VFW Mr. Cole will attend. The Chairman read a letter from J. A. Galvin, Executive Director of Cerebral Palsy Association of Greater Boston, requesting permission to hold a carnival for the benefit of Cerebral Palsy on Carnival May 27 through June 1, 1968 at the High School field. Request Mr. Gray said that these are school days and there are basketball games, girls' hockey games. The request should be considered very carefully. The Chairman said that it has been the practice, if it interferes with the school, to deny requests. Upon motion duly made and seconded, it was voted to deny the request of the Cerebral Palsy Association of Greater Boston to hold a carnival on the Lexington High School field on May 27 through June 1, 1968. Upon motion duly made and seconded, it was voted to grant water abatements to the following: Porter Bros . Abatements and Wilson, $38.60; J. L. Fietze, $35.00; Thomas Burke, $53.15; Frank Busa, $8.75; Acct . No. B-125A-12, $8. 75, Upon motion duly made and seconded, it was voted to appoint the following as Special Police Officers; Special Arthur T. Bernier, 54 Baskin Road, and Frank H. Totman, Police Jr. 46 Moreland Avenue 417 Mr. McSweeney met with the Board regarding side- walks for Ewell Avenue, Hillcrest Avenue , Grassland Street and Vaille Avenue. Mr. McSweeney said that in view of the attitude rf of the residents of Ewell Avenue, if it is the Board' s Ewell pleasure, he recommended that a sidewalk not be con- Avenue strutted on Ewell Avenue . Due to construction, there are no connecting sidewalks. Upon motion duly made and seconded, it was voted to construct Ewell Avenue without a sidewalk. Mr. McSweeney said that there would be no problem on Hillcrest Avenue . There is a connecting sidewalk on Circle Road. The Chairman asked if anyone had objected to a Hillcrest sidewalk at the Street hearing. Avenue Mr. McSweeney answered in the negative. Mr. Greeley asked if there was one installed on Fottler Avenue and Mr. McSweeney said there was a sidewalk on Fottler Avenue‘ Upon motion duly made and seconded, it was voted to construct Hillcrest Avenue with one sidewalk. Mr. Kenney asked if it could be requested of the Town Engineer to put on the petition +'and sidewalk." The Chairman said that the people wanted the street and we voted to do it. They didn' t want the Grassland sidewalk, and also added on "to preserve the trees." Street Where do you stop on this ? Mr. McSweeney said that he would like them to know that we go out with the idea of preserving the trees. Mr. Kenney asked if the Board thought they should add on to the petition. Mr. McSweeney said that no one had objected on Grassland Hillcrest Avenue, but there were many calls on Grassland Street Street. The Chairman said that there was a petition, with 98 percent signing it . Mr. McSweeney said that he had one call from a man in the hospital, saying that he wanted the sidewalk. The Chairman said that it isn' t their decision. before you decide, you should know facts and reasons on both sides. Mr. McSweeney said that Grassland Street isnext to Spring Street which has no sidewalk, to Valleyfield, which has a sidewalk. Mr. Cataldo asked if this will finish Grassland Street completely. StreetMr. McSweeney said that it would not ; to Payson . 418 ze The Chairman said that this is the street where practically everybody does not want sidewalks. Keep on file, if they ever petition, don' t give it to them. Mr. Kenney asked if they would lose any additional trees. Mr. McSweeney said that when putting in the road, if there is a problem with trees, they may have to remove them. When a sidewalk is constructed and there is a problem with trees, they can construct around them, or, if possible, put the sidewalk on the other side. Mr. Kenney said that we have not had a definite policy on sidewalks . Mr. Cataldo said that a subdivider is required to put them in. The Chairman said that we are prepared to vote not to put the sidewalks in. Those members remaining on the Board must keep in mind that we didn' t put in the sidewalk because of the petition. The residents should be bound by this in the future. They are going to pay whether it is put in now or later. Mr. Mabee said that thereshould be a standard policy. Mr. Kenney agreed. The Chairman said that if we didn' t have a peti- tion on Ewell Avenue, we would be putting in the side- walks . . �» It is not helpful if the people are going to sign p%titions anyway. In the future, when notice of intent is given, it should have the layout of a sidewalk. Mr. Cataldo said that we are accepting the layout. Every case can' t be according to a hard and fast rule. It should be left up to the wisdom of the Board. Mr. Greeley said that the policy of the Board should conform to subdivision control regulations. In the terminology of Ewell and Grassland, where there are others that may well use the sidewalk. Mr. Cataldo said that the Board should have this deference. The Chairman said that if we move in the area of policy . . Mr. Kenney said to indicate on the street, when they sign up, the general intent is to build a sidewalk. Mr. Greeley said to let them know when they get the petition. Upon motion duly made and seconded, it was voted to construct Grassland Street without sidewalks . Mr. Greeley abstained. 419 Mr. McSweeney said that, after further review, the recommendation is to move the sidewalk from the East to the West side of Vaille Avenue. The Chairman said that the land owners, the abbutters, have large pieces of property. The sidewalk would be on the same side as the subdivision. Vaille Mr. Kenney said that some people front on Reed Street. Avenue Mr. Greeley said it would start at Reed Street to the subdivision on the West side. Mr. Cataldo said that it was the main exit from the subdivision. Upon motion duly made and seconded, it was voted to construct the sidewalk on Vaille Avenue on the West side. Mr. McSweeney said that G. Russell Smallman of Glenn Road South had requested a sewer charge in lieu of better- ments. The sewer charge of $2020 does not include a service connection of approximately $490. There are 150 feet of ledge, and resurfacing. The Chairman asked if there were betterments, how much would it cost? Mr. McSweeney said it would be $1081. Mr. Smallman has a problem with the Health Department . Mr. Greeley said that it was the lowest house on Glenn Road South; needs a sewer to connect to Grant Street. The Chairman said that if the Town does it, it would Smallman cost $2020, whereas under the betterment act it would be Sewer w1081. Mr. Cataldo asked if it is a private way and if the land was sold because there was no access. The Chairman said that if the extension of Glenn Road exists, he would question whether we could sell land within a layout. Mr. Greeley said , next street over, Round Hill Road ( they did?) Mr. Kenney said that the particular point is, it costs $2,000 for $1,000 betterment . The Chairman said that if we do it, we are doing it entirely at his expense . On the basis of area times founda- tion it averages to 50 percent . If we did it under betterment $1,081. He would reimburse the Town over a period of years. Mr. McSweeney said that Mr. Smailmman said that he would. He asked us to review it . The Chairman asked if we have gone out to bid on sewers . Mr. McSweeney answered in the negative. The Chairman said that we could let it out as a separ- ate contract. Mr. Kenney asked why Mr. Smallman had not petitioned earlier. Mr. McSweeney said that he had. Mr. Greeley said that there are other houses on Glenn Road South and asked how can you service the other two or three houses? This house is at least fifty years old, is the problem such an emergency? tirc CC The Chairman said that he was asked if his neighbors had problems and he said they didn' t. Mr. Greeley said there was a lot of land between him and Grant Street. The Chairman said that should the sewer be extended up Glenn Road, how would you assess the people above Mr. Small man. Suppose the problem arises, we have the problem again. Mr. Cataldo suggested that Mr. McSweeney come in with a layout of that area and we would all know where it is going. The Chairman asked Mr. McSweeney to present it on next Monday evening; how it can be resolved to service the whole street: there is a lot of ledge there. Mr. McSweeney mentioned the Liberty Mutual sewer and the area involved. He said there was one lot just opposite . Mr. Greeley said that, eventually, would be two lots, and asked if it is uphill. One house is not hooked into Liberty any sewer, other than the one adjacent to the Barn. Mutual Mr. Cataldo asked about the grading at the Barn and M Sutur Mr. McSweeney said that he didn' t know, the approval would be subject to that. He has told them that we want a final plan. Mr. Gray said that Mr. Legro had no objection; he would have to review the plan. Upon motion duly made and seconded, it was voted to approve the tentative proposal of the Liberty Mutual Company to provide a sewer. Mr. Kenney abstained. Mr. McSweeney presented the Engineering Budget. Mr. Cataldo asked if he had the work load that exists since January first. Mr. McSweeney said that sewer construction is com- pleted; all but about 5 percent of trunk sewer bids went out at $502,000, except a small portion awarded to Whitman and Howard. We still have 65% trunk sewers, water construction, drain connection still out 50%, street Engineering construction 70%, sidewalk 100% left, Chapter 90, 100% Budget of $60,000. Making a comparison of 1967, have 65%. Mr. Cataldo said that he was talking $700,000 left. Combined with this year, $1,500,000 work load. Mr. McSweeney said that John Carroll did have an Assistant Town Engineer. At this point, we have a Town Engineer and no one in the office except the Junior Engineer. The Chairman asked if his primary need is for an Assistant, and would he give priority to an Assistant . 421 Mr. McSweeney said that he would prefer to build up the department, would like a Jr. Engineer for inspection. I am requesting a third student ; have been approached by Professor Pratt of Northeastern University and he would give me a senior student who would stay on with the Town after graduation . I would like to request an Assistant Town Engineer and Senior Engineer. The Chairman said that he was willing to back him all the way. There should be an understanding of the work load. Your department has the Planning Board and Recreation. People are not aware of this. Mr. McSweeney said that when considering an assistant, we should have a man close to being registered. Mr. Kenney asked how many are directly concerned with inspection. Mr. McSweeney said that one was, the Junior Engineer. The Senior Engineer has trunk sewers and sewer laterals. I would like to get into traffic; would like to put Bob Adams on it . Mr. Kenney said that if you make a plea for beefing up the inspection department, the Appropriation Committee might buy it. The Chairman said that we have to make sure that the Appropriation Committee understands omr Problem. Mr. McSweeney said that the men I am roque' ting hive to be interchangeable, to be able to shift from inside to outside work. The Chairman asked is this a program that we are going to back? Are we going to have the intestinal fortitude to sell this to the people concerned? If we had better pub- licity last time . . We have to be convinced that this is the right thing to do. Then we will go forward. Mr. Cataldo suggested to Mr. McSweeney that he make a brief story of the work put in, to put out a brochure and give it to the board of Appeals and TMMA. Mr. McSweeney said that he planned on talking to the Planning Board. Mr. Greeley said that it was important to remind various Boards that this is an important issue. Make them realize that the Engineering Department tries hard to be prompt; there are a lot of departments asking Mr. McSweeney for recom- mendations all the time. This is important for them. The Chairman said that the Appropriation Committee was confused - you can' t blame Town Meeting. Mr. McSweeney said he was trying to compile all the facts. The Chairman asked if he would be available for an inter- view with the press. Mr. McSweeney said that he had already discussed it in- formally with the Recreation Department. II Mr. Mabee said that he couldn' t spend that much money if he hired them all immediatelry. Mr. McSweeney said that it gives him an opportunity to go ahead. 422 z Mr. Mabee said that we are asking the Appropriation Committee to buy the concept. The Chairman said that Mr. McSweeney could get a Junior Engineer without any trouble. Mr. Mabee said that the selling job is the concept, not dollars. The Chairman said, you have won a point . Mr. Gray submitted the Minute Man Industrial Park Min. man plan to the Board. He said that the Honeywell Company Ind.Park had petitioned under the Hatch Act. plan The plan was referred to the Engineering Department. Mr. Gray said that he had been asked if the Town Offices would close on May 31st. After discussion, the Board, with the exception of Mr. Greeley, agreed that all Town employees would be May 31 given the day off on May 31st. Upon motion duly made and seconded, it was voted that Town Offices would be closed on May 31, 1968. Mr. Greeley abstained. The claming of Town Offices op• July 5 was discussed. Mr. Greeley moved that Town Offices be closed an July 5th. After a length of tine passed, no one would second the motion, and ,tire ,matieo 1 did pot. prevail., Upon motion duly made and seconded, it was voted to table the motion to close Town Offices on July 5, 1968. Mr. Cataldo suggested that the Board interview the Asst . applicant for Assistant Building Inspector. Bldg. The Chairman asked Mr. Gray to set up an appoint- Insp. mebt. Mr. Burke asked if the land fill will remain open Land on the holiday. fill It was agreed that the Hartwell Avenue land fill will remain open on May 30, 1968. Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m. A true record, Attest: ) 0)7,„, r ( Executive Clerk, Selectmen The next regular meeting of the Board of Selectmen will be held in the Selectmen' s Room, Town Office Building, on Monday evening, May 20, 1968, at 7:30 p.m. 423 SELECTMEN'S MEETING May 20, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, May 20, 1968, at 7:30 p.m. Acting Chairman Cataldo, Messrs, Mabee and Kenney were present , Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant , Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, one juror was drawn, David J. Harrigan, 41 Williams Road. Juror Mu .. Battin met with the Board to discuss informa- tion regarding staff changes since Town Manager form of government in Arlington, Concord, Andover, Danvers and Wilmington. In Arlington, there is a Selectmen ' s secretary, male and three clerks - one clerk has been added. Ac- cording to the Town Manager, they had two secretaries and an Assistant Manager who handled the purchasing. Purchasing is now being taken care of by the Department of Public Works. They plan on getting an Assistant Manager in June. In Concord, one-half full time clerk for Seleetmen- Town Manager has been added; they have had an Assistant since 1965. In addition to the Manager, part-time clerk typist, and , in the future, an Administrative Assistant to the Town Manager. Structure In Andover, no increase in the staff with the of Town Manager. Govt. In Danvers, a new Town Manager and Assistant Town Manager, and they need a new girl. The Assistant Town Manager will be paid $10,000 and will assume his duties in June. In Wilmington, new position of Town Manager Admin- istrative Assistant. Using the receptionist and cleri- cal staff there. There is a need for another girl for purchasing and personnel. Mr. Kenney said that there are two secretaries in Arlington. Mrs. Battin said that they had not hired anyone, there was no additional clerical help. Mr. Kenney said that was not what he was told. Mrs . Battin said that she had talked to the Manager and he said that they had an Assistant Manager and used two secretaries. Haven' t had an Assistant Manager for a few years; have turned purchasing over to the Office Manager of Department of Public Works. 424 Mr. Kenney said that his point was, if the Manager takes from one job to another, he has to fill the position that was vacated. The Selectmen' s office increased. Mrs .Battin said that it had increased one . Mr. Kenney asked Mrs. Battin when the final draft of the Selectmen-Town Manager report will be ready. Mrs. Battin said that it is practically ready now. Mr. Legro has made several other suggestions. When he and Mr. Hardy are agreed, I will take it to M. I.T. in a few days. If M. I.T. can' t do it, we will wait. Mr. Gray read a letter from Mr. Legro, Master of Simon W. Robinson Lodge, A.F. & A.M. , requesting per- Permit mission for a public procession from the Masonic Temple of Lexington to the Church of our Redeemer on Sunday, June 9, 1968. Upon motion duly made and seconded, it was voted to grant permission to the Simon W. Robinson Lodge, A.F. & A.M. , for a public procession from the Masonic Temple to the Church of our Redeemer on June 9, 1968 . Mr. Gray read a letter from the Director of Veterans' Services stating that James F. Stevens, Jr. of Lexington was killed in Germany in World War II, but his name is not on the placque at the Lexington High School. Mrs. H. L. McKay, Mr. Stevens' sister, would like to have his name included on the placque. The Honor Chairman said that, according to the letter, there is Roll a certified war record. We will see how much money is involved to have his name put on the Honor Roll. Mr. Mabee asked if the Board could do it, and how it could be done if the committee in charge of the Honor Roll is now defunct. He asked who would have the jurisdiction. Mr. Legro said that the money was turned over to the School Committee to be reserved for the Memorial. The Chairman asked Mr. Gray to take care of the matter. Mr. Gray said that he would check out Mrs. McKay's request that her brother, James F. Stevens, Jr. , be included on the Honor Roll and see that it is done. Mr. Gray said that bids were received by Public Works for one Carrier Mounted-5/8 yd. Hydraulic Backhoe. Backhoe He submitted the bids and suggested that the Board look over the specification sheets and discuss at next week's meeting. 425 Mr. Gray said that Mr. Burke had submitted a report Sanitary on the operation of the sanitary land fill and suggested Land Fill that it be discussed at next week' s meeting. Upon motion duly made and seconded, it was voted to approve Bond No. 91..-02-91+ for Mrs. Doris Barclay, Bond in the amount of $18,000. The Chairman read a letter from the County Com- missioners requesting a petition for the relocation of Lowell Street, from Winchester Drive and Maple Street northerly and northwesterly to Woburn Street, be signed by five inhabitants of the Town and returned Petition to their office. Lowell St. Upon motion duly made and seconded, it was voted to sign the petition for the relocation of Lowell Street from Winchester Drive and Maple Street northerly and northwesterly to Woburn Street. The Chairman read a letter of resignation from the Conservation Commission from Leslie H. York. Upon motion duly made and seconded, it was voted Resigna- to accept Mr. York' s resignation from the Conserva- tion tion Commission with regret . The Chairman read a letter from the Town Cele- brations Committee recommending that the Board appoint a committee for the celebration of the Bicentennial of the 19th of April, 1975. Bicenten- It was agreed to discuss the recommendations of nial the Town Celebrations Committee at a future date. Upon motion duly made and seconded, it was voted to sign the street betterment assessments for the Street following streets: Kendall Road, Laconia Street, Betterment Valleyfield Street. Upon motion duly made and seconded, it was voted to sign the sidewalk betterment assessments for the Sidewalk following streets: Blossomcrest Road, Kendall Road, Laconia Street, and Valleyfield Street. Mr. Gray said that bids had been received for the resurfacing of four tennis courts at the Center Play- ground . Mr. Burke has recommended that the contract Tennis be awarded to the low bidder, Berkshire Tennis Court Courts Construction Company of Lee, Massachusetts for $2, 777.00. Mr. Kenney asked if the Berkshire Company had been checked out. r 4126 Mr. Burke said that they have had large and small projects in the area and the work has been of good quality Mr. Mabee said that he would like to know what work they have done around here. Mr Burke said that he would get a list of where they have worked The Chairman said that the Board would take the matter under advisement. The Chairman said that Chapter 90 funds should be discussed. Mr. Gray said that it is recommended that Lowell Street, the section between Maple and Woburn Streets, be designated this year. At the Annual Town Meeting we discussed the need of additional funds for Lowell Street. If we do not allow, we lose Chapter 90 funds, $39,000. Chapter 879 funds may be received and are in the Town Treasury. At the Annual Meeting in 1969 Chapter 879 funds may be allotted to another street. Mr. McSweeney said that this is in addition to the Chapter 90 funds that you had for Lowell Street in 1967. Mr. Mabee asked if a second allotment were per- missible. Mr Gray said that on a Chapter 90 road, if and when the road is completed, surplus funds revert back to the State and County. On this basis, it seemed ad- visable to the Town that two roads by designated . If Chapter any surplus, it can be used on the second road. Worthen 90 Road should be designated as a second road; the money would be used on sections of Worthern Road through Town owned property. If we have $7,000 or $8,000 from Lowell Street, it doesntt revert back Mr McSweeney said that they have checked on Worthen Road and it could be accepted for Chapter 90 funds . Mr. Mabee said that there was one piece, about 40 feet near Marrett Road. Mr. Gray said that there were also 600 feet through school property. Mr. Kenney asked if there was a time limit to hold funds and Mr. Gray answered in the negative. Mr McSweeney said that, if this approved, we would have to come up with a plan for the DPW as to what we would expect to do with Worthen Road at a future date Mr. Mabee said that we could spend that on Waltham° Street and Worthern Road. Mr. Gray said that $32,000 of Chapter 879 funds are left on Massachusetts Avenue Upon motion duly made and seconded, it was voted that Chapter 90 funds be designated for Lowell Street and Worthern Road . 427 The Appropriation Committee met with the Board . The Chairman said that the purpose of the meeting is to go over the Articles for the Warrant The Engineering Budget was discussed , Mr. McSweeney said that he is carrying the same figure of $17,000. He requests the four people he had asked for at the pre- vious Town Meeting. There is one change - when I first came here there were no students hired, but after dis- cussion with Professor Pratt of Northeastern, he will send a Senior student who will come up through the ranks in our department. If the budget is approved, it will give me a third man to work in the department on design; in the summer, he would be out in the field . I am re- questing an Assistant Engineer, Senior Engineer, and a Junior Engineer for inspection. In the past, the Town Engineer was also the Superintendent of Public Works. Today, there is a Town Engineer, but no assistant Engineer; one Junior Engineer carries the office load; there are two draftsmen, but no design Engineer. As a result, I have two men carrying the whole inside operation. I have adequate survey people; inspection section of two men carrying over $500,000, and bonded subdivision also; Engineering carrying $2,000,000 on Town construction. We feel that Budget the Town can' t get their money' s worth. By the time we give the Consultant the preliminary work, we can't pos- sibly keep up. Bob Adam' s Junior Engineer, is the only one who has anything to do with it. He sets up add gives it to the Consultant. The budget is $2,700,000. We are talking of $92,850 which we would need now. I would like to extend it to $106,000; have averaged $131,000 going to Consultant' s fees . We should be given an opportunity to use a portion of these Consultant' s fees . The Chairman said that we have joint work being done and work being missed , can you cite the money it has cost us because of lack of inspection and the area you are con- tinuing to do this Mr . McSweeney said that they had talked today about the Phijaip Road sewer. There are two Consultants in con- flict. Before we can build, we have a series of meetings We are talking $12,000 or $13,000. Mr. Gray said that one problem arose, to get Philip Road into the new school. We found out the problem with the sewer line that had sunk, it had acted as an inverted syphon. It was put back to the proper grade and we had the Contractor gravel Philip Road as access road to the school. There is a question as to where the responsibil- ity lies when the sewer sunk in about a year. There was no Inspector on the job. There have been meetings with the School Architect . This may lead to Mr. Legro, Town Counsel; a problem of inspection. Mr. Gary asked if there was a Town Engineer would it have happened and Mr. Gray said that he couldn't say. T2J Mr. McSweeney said that we tell the Consultant what we want and give them the job to do; we start on another. We don't have the opportunity to sit down and review. At Hartwell Avenue, the Contractor said that the pipe was not in and after reviewing the plan, the pipe was there. We said that we woEild get Whitman and Howard, and it took a day or so. The fellow was down 32 feet and we wanted a decision. On a contracting basis, a man only gets paid for what he does We sent someone to the Department of Public Works . Mr. Gary said it was made clear tht even with the additional people, they don't plan on going to 100 per- cent inspection. On this particular Article, the Select- men read the figure add incorporated these additional funds which you are asking for again. The Appropriation amendment carried it. Now you are bringing it to Town Meeting again, three months after it was denied . This is not a new proposal. Mr. Kenney said that Mr. McSweeney was originally talking about doing away with Consultants . It got quite confusing on the Town Meeting floor. Mr. McSweeney said that from his point of view at the previous Town Meeting he had gone about this in the wrong way. The Chairman said that since March, looking at the work load and projects , it is even more important for us to get these people, even more strongly than in March. We must get them the work load is not going down. If we want to get our money' s worth, we need them. Nobody wants to take the responsibility of a mistake Mr. Gray said that we don't realize the amount of time that John Carroll spent involved in Engineering. Mr. McSweeney is involved as he was ; there is no one in the office to take care of street layout, sidewalks, conservation, etc. There just isn't the personnel to take care of these things . We don't have an Assistant Engineer now Mr. Gary said that the first proposal was for planning the expansion of the Engineering Department . Do you want to divorce this proposal from the long range plan? Mr. McSweeney said that he is looking for the same four people with different classifications, for the same reasons as before. The Chairman said that the last time we said it was for the beefing up of the department; no further move was made until this was evaluated and straightened out. Mr. Gary said that the Appropriation Committee wanted to see a better assimilation of their jobs, and rationals . 429 The Chairman said that they want, aside from in- spection, a general organization of the department . There is an Engineer who can record a plan, next is a Junior Engineer We must have some in-between. Mr. McSweeney is asking for: Assistant Town Engineer S4,712, July 12 Senior Engineer S4,322 " " Junior Engineer 54,076 " " Student Engineer 82,860 " Mr. Grant asked which had the greatest priority. Mr. McSweeney said that he would start at the top and work down . We would be looking forward to an.tAssiat- ant Town Engineer Mr. Grant asked about a Junior Engineer for in- spection. Mr. McSweeney said that he would need a lot of con- struction background . He would work with the other two inspectors, so would the student engineer in the summer time. Mr. Grant asked if Mr. McSweeney had to establish priority, which one would he select. Mr. McSweeney said, Assistant Town Engineer, Junior Engineer, and Inspector, Senior Engineer, and the Stu- I II dent Engineer. Mr. Grant asked to what degree of responsibility is there in reporting back to you. We pay a Consultant to design the work and inspect. Mr. McSweeney said that on water and sewer contracts, they are responsible for inspection. In the field , the Clerk of the job sees that they perform the work accord- ing to specifications . These plans are not reviewed and we didn't get into this type of problem before. Mr. Mabee said that he had served on the Permanent Building Committee and the practice was to retain an Architect who draws and brings a set of the plans. The Architect shall inspect and supervise as they go along. We hired an on-the-job Inspector all the time to make sure the Architect is doing it right, and the Contractor. We hired a Consulting Engineer to lay out. We rely en- tirely on him to see that the contract is put in if difficulty arises . When an error is made, there is nobody there on be- half of the Town, to look out for our interests. Mr. McSweeney wants and needs a third party for inspection. Mr. McSweeney said that when he first came to the Town he reported the Housing Authority project to the State and asked who had designed it; he sb_ opped the job. Mr. Williams would vouch for the job the Engineering Department has done in the last four months, the design and the thought that went into it. 431 w_ Mr. Grant asked if the Consultants have been told their work is unsatisfactory. The Chairman said that one example was Lowell Street; it must be repaved, it is buckling. Mr. Kenney said that we are not talking about tak- ing over for outside consultants , we are convinced. Mr. McSweeney said that we are not going to elimin- ate Consultants . Out of $131,000 going out., we will get $17,000 back. Mr. Grant said that the figures Mr. McSweeney gave for the four men do not add up to $17,000. The Chairman said that Mr. McSweeney needed $90,050 and $89,000 was appropriated ; $1,050 added to the 15,4970 for the four additional men is a total of $17,020. Mr. Grant said that these are six months figures . The Chairman said that the Engineering Department must get help between the Town Engineer and the Junior Engineer. As we know, there are Federal programs in- volved and a Junior Engineer can't be held responsible for them. Mr. Blaisdell said that you are asking for $9,400 for tin. Assistant Town Engineer and asked Mr. McSweeney if he felt he would be better off paying more, $11,000. Mr. McSweeney said that he would be. Mr. Blaisdell asked why he didn't ask for htm. The Chairman said they would go through the appli- cations of S-20-C They were looking at other towns and what assistants were being paid Akked if they were trying to hire. Mr. Blaisdell said that Mr. McSweeney felt that $9, 00 was an adequate salary and asked what he was go- ing to do with the $1,500. Mr. McSweeney said that it was already scheduled for salary for personnel he now had . Mr. Blaisdell said that there was an error in com- puting and told Mr. McSweeney that there was an error in computing and told Mr. McSweeney that he would be akking the Appropriation Committee or Town Meeting for $1,500 Article 5, $60,000 for Chapter 90 roads . The Chairman said that the Board voted to allot this year' s Chapter 90 money to Lowell Street, from Maple to Woburn Street, and Worthen Road . Any funds re- Article 5 maining oft Lowell Street will be applied to Town owned land on Worthen Road . We have $60,000 assigned to Lowell Street, a 1967 appropriation. The State estimates at the time that the Lowell Street project will be about $95,000 j.ast year' s Chapter 90 plus Chapter 879 money. would hate of this . We feel that it is in the beet interests of the Town to allocate this year' s Chapter 90 431 money to Lowell Street and use the Chapter 879 money on some other street . In this way, Chapter 879 money can be used on any other street to Town specifications be- cause the Town designs the street and not the State. Also, Chapter 879 money is sent to us directly and it is in our treasury; therefore, we can spend it on other streets . Mr. Gray said that Town Meeting has a decision to make, whether they want to appropriate the money or fore- go Chapter 90 funds; we will lose $39,000. Mr. Grant asked why we would appropriate $60,000 more. Mr Cataldo said that we are talking $95,000 for Lowell Street . If we appropriate $120,000, designating two streets, any money left over from Lowell Street would be available to us for the other street . If we didn't use two streets, the money would revert, back to the State and County. We can' t use Chapter 879 money without a Town Meeting vote Mr Mabee said that there was a small piece of land , 100' deep, north of Matrett Road on Worthern Road Mr Carl Blake asked about Bedford Street being con- sidered Mr. Gray said that if we went to the State, they would say to widen it . Mr Mabee said that it was a pointed issue. Mr Gary asked if Waltham Street could be substituted He added that it wbuld save a lot of trouble Mr Blake asked who determines the width of Chapter 90 roads and Mr McSweeney said that the State determines Mr Grant asked if Worthern Road was satisfactory to the State Mr. Gray said that Worthern Road has been checked out and it was satisfactory to the State Article 8, sewer mains , $62,000 Woburn Street, $40,000; Hartwell Avenue, $12,000; Worthern Road, $10,000 Mr Grant asked for the reasons for the three expenditures Mr Gray said that the State plans to reconstruct Woburn Street from Lowell Street to Five Corners When they do this, we can ' t construct on the street for five years . We want to put in the sewer lateral on Woburn Street to the Woburn line, a dry sewer Mr. Cataldo said that the State had already held the hearing. Mr. Gray said that the extension of the sewer on Hartwell Avenue is to service Itek, $1,000,000 build- Article 8 ing The sewer is on private property on an easement. The extension of the sewer on Worthern Road is to ser- ' vice a new subdivision Mr Grant asked about betterments Mr Kenney said that we get back 40 percent on bet- terments 432 Mrs Rawls asked what is available in the Select- men' s sewer fund and the Chairman replied that nothing is available We have already committed $248,000 for laterals . We are going to do well to get the streets ; Adams Street is not included . Mr. Gray said that there were citizen' s petitions for the sewers Article 9. $45,000, 10 9 acres of land on Utica Street; to be taken at the same rate as the original Conservation package None of this land for Conserva- Article 9 tion. Mr. Legro said it is for general Town purposes . The Article reads for street, playground and recreation purposes Article 12 $1,000. $1,000 to be used strictly for the design of a memorial for veterans of all wars . Mr Gary asked about the Article for the Honor Roll at the Annual Town Meeting. Mr. Cataldo said that was an Honor Roll for Vietnam Veterans . This memorial will be for all wars If this Article 12 is acceptable to Town Meeting, there is space at Emery Park for a memorial. Mr. Gary said that at the regular Architect' s rate, this would be fifty hours of work. Mr. Mabee said that the Article should be in and Town Meeting vote to accept or defeat it . Article 13. $4,600. Civil Defense Warning System. Mr. Mabee said that the recommendation of the Ad- visory Committee is the same as last March Article 13 Mr Gary said that it is coming up again at Town Meeting and I question the propriety of bringing it up later. The Chairman said that the Advisory Committee' s position that they would come back in June with further explanations Mr. Gray said that Mr. Burrell was not there at Town Meeting Article 14. No figure assigned yet Mr. Grant said that the Appropriation Committee had the impression that Mr Clarke did not know it was in Article 14 Mr. Gary asked if this Article is worded as precisely as it was last March. Mr. Legro said that the Article in March asked for a temporary surface Mr McSweeney said that $1,000 was appropriated We brought someone in to design a parking area; bad domeone for a survey, and someone for boring; will come in with cost estimates and we will work borings in with it 433 Article 15, $765 00. Mr. Grant said that they have a letter from Bob Sherman for overalls and work clothes They did not fight for the money on Town Meeting floor. Article 15 Mr. Mabee said that we haven' t changed our position. Article 16 $23,000. Mr. Grant said that he had received the figure from Bill Smith of Conservation last night. The land is on the other side of Route 128, between Grove and Bedford Streets . There is an option for agreement for $2300 an acre. Article 16 The Chairman said that they are carrying $23,000, ten acres at $2300 an acre; this is more than the Chandler land at $1 ,600 an acme Mr Kenney asked if there was a sewer The Chairman said that there was one, it gobs through the Chandler piece of land , right by the ditch Article 18. Transfer of General Funds . Public Article 18 Works ' bulldozer burned . Article 19 Citizens ' Article on the Reservoir. Mr. Bond has called a meeting for May 2L1. as the Article 19 citizens have not submitted cost figures. Article 20. Dog Leash Law. The Chairman said that Mr. Gray will compile the Article 20 information as to what the recommended budget abould be. Mr. Grant said that the proponents should present the Article The Chairman said that Vernon Page had requested that the Chairman of the Board of Selectmen read the motion. Mr. Grant said that he felt that Citizens ' Articles should be read by citizens . Mr Gray said that the person who had submitted the Article did not have a figure The Appropriation and Capital Expenditures Committees retired . Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financikl interest of the Town or the reputation of any person. Following discussion relative to land appraisals, it was voted to resume the open meeting I 434 M 4 Upon motion duly made and seconded, it was voted to adjourn at 9:50 F.M. A true record, Attest: Executive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectments Room, Town Office Building, on Monday evening, May 27, 1968, at 7:30 F.M. c ac) Q,or t� I I 435 SELECTMEN' MEETING May 27, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, May 27, 1968 at 7:30 F.M. Chairman Cole, Messrs . Cataldo, Mabee and Kenney were present . Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, Mr McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works , and Mrs . Mc Curdy, Executive Clerk, were present . Hearing was declared open upon petition of the Shell Oil Company for license for below ground and above ground storage at its station located at 1095 Massachusetts Avenue. A notice of the hearing was inserted in the May 16, 1968 issue of the Lexington Minute-man and sent, certi- fied mail, to the abuttors as listed on the records of the Board of Assessors Gasoline Application was approved by Chief Walter F. Spell- Hearing man, Fire Department Mr. Weiss and Mr. Edward Gallagher, representing the petitioner, were present . Mr Gallagher explained that on May 7, 1968 the Board of Appeals had granted a variance to demolish the existing service station and the new service station building and structures are to be at the same location. By increasing the storage cap- acity, fewer deliveries will be made and , therefore, not as many trucks will be coming into the Town. No one was present in favor or in opposition, and the Chairman declared the hearing closed Upon motion duly made and seconded , it was voted to issue a license to the Shell Oil Company for below ground storage of 16,000 gallons of gasoline, 500 gallons of waste oil, and 500 gallons of fuel oil to be used to heat the building, to be stored in tanks Also, for 1,000 gallons of motor oil and 500 gallons of anti-freeze to be stored in metal containers or steel drums ; 100 gallons of gasoline to be stored in tanks of motor vehicles in the lubritorium, on the premises located at 1095 Massachusetts Avenue, Lexington. Mr. Gray informed the Board that the Public Works Department had taken bids for fire hydrants . Only one bid kas received and the recommendation is to award the Hydrant contract to the Public Works Supply Company, 93 Brook- Award line Street, Lynn, for twelve hydrants in the amount of $2,622.13. 436 Upon motion duly made and seconded , it was voted to award the contract for twelve Darling B50B hydrants in the amount of $2,622.13 to the Public Works Supply Co. , Lynn. Mr. Gray read a letter from the Planning Board re- questing a transfer of $1,100.00 to cover the cost of advertising the By-Laws . The Planning Board does not have the required amount of money to publish the entire Transfer text of the By-Lacs in the newspaper Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer to the Planning Board in the amount of $1,100.00 to cover the cost of the additional legal advertising of the By-Laws Mr. Gray requested a transfer to the Riice and Fire Medical Account in the amount of $1,000 00 to cover the cost of doctor and hospital bills for a Fireman injured in the line of duty. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer to the Police and Fire Medical Account in the amount of $1,000.00 to cover the cost of injuries sustained by a Fireman in the line of duty. Mr. Gray read a letter from the Board of Appeals re- questing that the fee paid a secretary for each hearing be raised from $4.00 to $6 .00 Board of It was agreed to grant permission to the Board of Appeals Appeals to raise the fee paid a secretary for each hear- ing from $4.00 to $6.00. Mr Gray is to inform the Appropriation Committee. Mr. Legro requested the Board to sign an agreement for the Hartwell Avenue Traffic Study, signed by Rowe P. Hendrick, Planning and Development. Hartwell Upon motion duly made and seconded, it was voted to Avenue sign the agreement for the Hartwell Avenue Traffic Study, Traffic to be made by Rowe P. Hendrick Study Mr. Legro said that, on April 15, 1968, he had asked for sewer easements on the Hartwell Avenue sewer. At that time be did not have the full abstract of title; Hartwell there were changes in name and designations of the lot, Avenue Mr. Legro requested the Board to rescind the Order of Tak- Sewer ing of April 15, 1968 for the Hartwell Avenue trunk sew- er, no damages awarded , and to adopt a new Order of Tak- ing, no award of damages being made Upon motion duly made and seconded, it was voted to rescind the Order of Taking of April 15, 1968 for the Hartwell Avenue trunk sewer, no damages awarded . 437 Mr. Legro said that he had been informed that the Board had voted that a drain easement be taken at 72 Hancock Street, owned by Mark Moore Homes . We requested the Board to adopt the Order of Taking, no award of dam- ages being made. Hancock Upon motion duly made and seconded , it was voted to St. Drain adopt the Order of Taking on a drain easement at 72 Han- Easement cock Street, no award of damages being made. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person After discussion with Chief Corr concerning applies cants for the Police Department, it was voted to resume the open meeting. Upon motion duly made and •seconded, it was voted to authorize the Chairman to issue Liquor Identification cards to R.N. Harvey, 129 Grove Street, Douglas B. Hop- kins, 924 Massachusetts Avenue, and Jay Wein, 6 Burn- I D ham Road, satisfactory evidence of their ages having Cards been received Upon motion duly made and seconded , it was voted to sign the Certificate of Incorporation for Robert E. Lenk, Certificate 59 York Street, character reference having been recbived of Inc . from the Chief of Police The Chairman read a letter from the Promenaders Club requesting permission for football players of Lexington High School to solicit funds throughout the Town during Electric the period of June 7 through June 10, for an electric Score- scoreboard for the Lexington High School football field board Upon motion duly made and seconded, tt was voted that the Board had no objection to the Lexington High football players soliciting funds from the residents of the Town for an electric scoreboard for the Lexington High School football field, during the period of June 7 through June 10, 1968 Mr. Edward Harrington, Business Agent for the Ameri- can Federation of State, County and Municipal Employees, AFL-CIO, and Richard Spiers, President of the Association, met with the Board . Mr. Harrington said that he didn' t know how you wish to proceed . I can tell you what we usually do. We try to structure ground rules at the first meeting We bring a simple, basic contract, which can be amemded or modified during our association This is not a contract in the 433 sense that we know it, or a finished contract; it is something that we use to go on as a guide . We like to agree on certain things, such as the number of people on each side of the table . The Chairman said that budget sessions don't start until very late in the year, and asked if Mr Harrington thought the time was right for starting preliminary nego- tiations Mr Harrington said that he didn' t know how many meetings we would have before the contract for 1969 The Chairman said to Mr. Harrington, you have a sample contract, the contents of which you are familiar with Mr Harrington said that Town Counsel is very familiar with it AFL-CIO The Chairman said that the members of the Board are not as familiar with it as you are He asked him to leave copies with the Board, in order to become more knowledge- able Mr Harrington agreed and said that he also had some for Mr Spiers ' men He heped to go over the contract with tisentire group, anything they would like, compar- able to other towns . The Chairman said that Mr Harrington would not want to approach the Board until he had framed up Mr Harrington said that, at the present time, he hadn' t done that Mr Kenney said that we may wish to have a subcom- mittee meet with you Mr. Harrington asked if the Board would empower a subcommittee, will they be acting as Selectmen, making final judgment? The Chairman said that the Board cannot delegate its right to make final decisions . Mr. Harrington asked if the Board would empower some- one to sit in at the meetings , so that judgment could be made as they go along. We might think that we have comet up with something agreeable to both sides , and the Select- men will say it is not so The Chairman said that they would be reporting to the Board on a regular basis, so that you would know what the commitments are from this side, as well as you own side. We don' t know about a representative of this Board, we haven' t decided on it, it is rather difficult. Set up the ground rules . Mr Harrington asked if simple ground rules could be decided Mr Legro said , before we go too far, who has been designated by the American Federation of State, County and Municipal Employees , AFL-CIO, as the appropriate affiliate in this situation? 439 Mr. Harrington asked Mr Legro if this is what he was talking about at the Labor Relations meeting He said, you are dealing with a unit Mr. Legro said that we know who the designated em- ployees are, who represents them? Mr. Harrington said that, as of this time, I am rep- resenting them, as Business Agent Mr Legro said that, as far as he knew, we haven' t received any designation as to what local union. It is pretty clear that the Board of Selectmen represent the employer; there is no indication as to who represents the employee unit Mr Harrington said that he thought it had been made clear at the Labor Relations meeting when Mr Legro brought up the point Mr. Legro said that it was not made clear Mr Harrington said that the election didn' t designt ate anybody but the American Federation of State, County and Municipal Employees and its appropriate affiliate. Mr Legro said that we want to know with what unit we are dealing When you petitioned the Labor Relations Commission, the American Federation did the designating. I raised the question as it didn' t have legal existence; both sides have to be designated so that we will know with whom we are dealing Mr. Harrington said , you made reference to a number. Mr Legro said , no, I made reference to designation, as long as it is given legal entity Mr Gray said that their attorney said that after the election was held , they would have a local ' The Chairman asked if the local had a number Mr. Harrington said it is Council 41, which is all of these units All employees are referred to as Chapter Local 1703 The Chairman said that we wouldn' t want to deal with 1703 There is no clear designation for Local 1703 Mr. Harrington said that one of these towns is called a chartered local The rest of the towns are affiliates of the charter local Mr. Harrington asked Mr Legro what his suggestion would be. Mr Legro said that he would have to give the local designated to and by the Labor Relations Commissions . Mr Harrington said that Mr. Legro had seen a copy of every card signed by every employee. Mr. Legro said , "And its appropriate affitiates " I raised the question in the Labor Relations meeting be- cause there was no clear desiggation of the union with whom the Town would be dealing It could be any one of !I- them. Mr Harrington said that this is the`-way it has al- ways been done 440 Mr Legro said that Labor Relations agreed it was an improper designation. The Town must know what union we are dealing with Mr Harrington said , ask Labor Relations The Chairman askedy how do you refer to the Lexing- ton local? Mr Legro said that if designation can be reached by agreement, then we must file a motion with the Labor Relations Commission for clarification of the record Mr Harrington said, if this is so factual, you would have given this information for your Board . Mr Legro said that it was left that the union would designate Mr Harrington skid , you asked the question of the Labor Relations . Mr Legro said , I raised the question and Labor Re- lations agreed with me Counsel for the Union agreed that no such entity was registered to operate in Massachu- setts It is my position that we are nct to operate with anyone. The Chairman said , with either Labor or Union. Mr Cataldo said that Mr Harrington was sent here to find out who is going to represent the Town. When they tell us who is going to represent the Union If we can' t get a legal entity from the union to represent them, then we don' t accept them. Mr. Harrington said that Council #41 is where every- thing is channeled, that is the council of all these units Mr Kenney asked if Countil #41 is made up of 1703, we are members of 1703-Lexington? The Chairman said that there is no major point of argument that he could see, a motion has to be filed with the Labor Relation Board Mr. Harrington said, if you are saying that we hold up bargaining . . The Chairman said that he didn' t think bargaining would start in the very near future Obviously, it is the concern of your Councils and all the locals in the State. I assume you are interested in the equities? Mr. Harrington agreed, he was interested in the con- ditions of employment in the Town The Chairman said that he would have to be familiar with the Board of Public Works He told Mr. Harrington that he should have a model contract that can be amended . Mr. Harrington said, if you are quite sure about this technicality . . The Chairman said that there must be a designation. Mr. Cataldo Said that we should make it quite clear that we are not going to let the Union bring in fifty people in here ' 44.1 Mr. Harrington said that the only people that we will bring in are these people we agree on when we struc- ture the ground rules . If you have Town Counsel at each and all meetings , we would have ours Numerically we would have one, five, or ten people The Chairman said that a smaller group is notsso unwieldy. Mr Cataldo said, you name the people. Mr. Harrington said, by law we bargain in good faith; we adhere to the rules we set up; we try to accomplish things in generally this way. There is no militancy in our negotiations Mr Kenney asked how many were in 1703 Mr Harrington said that he didn' t know; he comes from Buzzards Bay Mr Kenney said you have four towns in 1703, now you have the fifth. You can' t say "affiliate of " Mr Harrington said that he would have the towns listed and any other information you might desire from them. The Chairman said , you have heard Mr Legro - to make a motion before the Labor Relations Board . You don' t agree to that? Mr Harrington replied that, out of 200 odd towns and cities, we have bad no problems . The Chairman said that the group should have some designation, that we are not dealing with other towns like Winchester, etc Mr Harrington said that he would go on record that there will be no one from any one of these towns doing any bargaining with them. The Chairman said, if no argument . Mr Harrington said that he would withhold the sam- ple contracts, he would go to Labor Relations He said that the International does not award charters to small numbers of people in the area The town first chartered becomes the mother local, the others become the affiliates The Chairman said that we want something that design- ates specifically Mr Harrington said that he will see Mr Camelio, General Counsel The Chairman said that once the designation is made, we will look over the model contract Mr. Harrington retired Notice was received from the Alcoholic Beverages Con- trol Commission pertaining to May 30, 1968 Upon motion duly made and seconded, it was voted that ABC package goods stores shall not sell or deliver alcoholib May 30 beverages at any time during the day, May 30, but may re- main open until 11:30 P.M on May 29, 1968. Hotels , rest- aurants, taverns and clubs shall not reopen for the sale of alcoholic beverages before 1:00 P.M. II 442 The Chairman read a letter from Town Celebrations Committee, outlining the plans for the observance of Memorial Day, May 30, 1968 The Chairman read a letter from the Chairman of the Planning Board recommending that the Board request the County Commissioners to abandon and discontinue the por- tion of Spring Street north of Route 2 between the new layout leading to the overpass and the dead end and against Route 2, stating that it is not serving any use- ful purpose and seperates a parcel of less than one acre Raytheon from Raytheon Company. The Planning Board supports the Raytheon Company in their wish to have this superfluous portion of Spring Street abandoned , thus permitting the consolidation ) f the small parcel with the rest of Raytheon land The area was discussed and Mr Kenney said that this piece of land was about 400 feet by the length . Mr C^taldo said that 20,000 feet should be worth $20,000. Mr Kenney asked if we request abandonment , do we require title? Mr Cataldo said that we didn' t, and added that the land is worth at least fifty cents a foot, if zoned, if we have accepted the fee. The Chairman asked Mr Gray to get more information on this and submit it to the Board . The Chairman read a letter from Mrs Peter Cambourelis requesting permission to hold a block party on Sunday, June 23, at the intersection of Dane Road and Foster Road Block Mr Gray was instructed to check with the Chief of Party Police as to the conditions permission would be granted . The Chairman read a letter from Rev Haring, Pastor , of the Lexington Methodist Church, regarding the Kerner Report. He requested that the Board appoint a committee consistitg of representatives from the Board of Select- men, School Committee, School Administrattne' Housing Authority, Planning Board, Realtor Boards, Rotary, Cham- ber of Commerce, and Jaycees He said that representatives of the League of Women Votera, Lectington Council of Church- Rev es and the Lexington Civil Rights Committee have met to Harding talk about crucial issues regarding Lexingtonts responsibil- ity to those sections of the Kerner Report that relate to our community. Rev. Harding would like a preliminary meet- ing with the Chairman and then with the full Board . The Chairman asked how many had read the Kerner Re- port? He said that a portion referred to suburban towns , what problems they project in the area of rioth (IL find it rather difficult to see a riot here in Lexington) 44.E Mr Kenney said that Rev Harding particularly wants you to look at housing Mr. Adams said that he had heard that Lexington is being accused of being white racist Mr Cataldo said that the Kerner Report concerns it- self with the whole issue s The Chairman said that he can ' t imagine Lexington as being a white racist town We do not have many non-whites, due to the cost of living and houses Mr Cataldo said that Rev Harding thinks that we are not assuming our responsibility, not assuming our share People feel strongly about this The Chairman said that, as Chairman, he takes umbrage when Lexington is picked on. Mr Gray was asked to contact Mr Harding and make an appointment to meet with the Chairman Upon motion duly made and seconded , it was voted to approve the minutes of May 13 and May 20, 1958 Minutes Upon motion duly made and seconded , it was voted to issue a proclamationfbr Flag Day, June 14, 1958 Flag Day it Upon motion duly made and seconded, it was voted to approve, Bond No 93-51-95, in the amount of $95,000, for Bond IITown Treasurer and Bond No 93-51-95, in the amount of $24,000, for the Assistant Town Treasurer Mr Gray said that bids had been received for the purchase of a carrier mounted hydraulic Backhoe. It is the recommendation of the Superintendent of Public Yorks Backhoe that the bid be awarded to the lowest bidder, Eastern Massachusetts Equipment and Rental Inc . in the amount of $30,179.10 Upon motion duly made and seconded, it was voted to award the bid for one 1968 Insley Model Ht-560 cu. yard hydraulic backhoe with diesel engine mounted on a Crane Carrier powered by gasoline driven engine, for the net discounted delivered price of $30,179.10, including trade- in of one 1950 Insley unit Mr. Burke asked the Board about the resurfacing of four tennis courts Mr Mabee said that he had checked out the Berkshire Tennis Court Construction Company They do a good job, Wut the only problem is that they take a long time to get Tennis the work done. They couldn' t do the work in Harvard be- Courts cause they couldn't get a bond . Mr. Cataldo asked how big the job was in Harvard. I Mr. Mabee said it was for four new tennis courts Mr. Burke said that the only report he got was that they do many Jobs at the same time, go from one to the other without finishing up one. Mr. Burke would like the contract to be awarded in June and he felt that if the Berkshire Company came in with a sizeable crew they could complete the job quicker Upon motion duly made and seconded, it was voted to award the contract for resurfing of four tennis courts 4[44 co to the Berkshire Tennis Court Construction Company of Lee, Massachusetts , in the amount of $2,777 00 Mr. Gray submitted an approved bill from Paul E. Dutelle and Co. , Inc for work completed on the roof Buckman of Buckman Tavern, in the amount of $1,490 00 Tavern Upon motion duly made and seconded, it was voted that the payment be made to Paul E. Dutelle and Co. , Inc in the amount of $1,490 00 for work completed on the roof of Buckman Tavern . Upon motion duly made and seconded, it was voted to approve the bill submitted by Donald M Muirhead, Con- sultant, for supervision of work done on the roof of Buckman Tavern by the Dutelle Company, in the amount of $149.00. Mr Gray said that the Telephone Company people had disrupted the cable of the internal fire alarm at Buck- man Tavern He had talked with Mr Cupp and , after his cooperation, it goes directly to the box from the alarm box into Buckman Tavern ; the cost was less that $100 00. Mr. Gray said that he had discussed the open trench outside the Buckman Tavern with the Telephone Company, and he told them that if they are not going to do the work, to close up the trench. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town, or the reputation of any person After discussion with Mr. Legro involving litigatin, it was voted to resume the open meeting The Appropriation Committee met with the Board . Mr Grant said that the figure on Article 2 is $11,000. You asked for $17,000. Article 2 The Chairman asked what the difficulty is with the other $6,000. Mr. Grant said that what you are asking for, really, was restoration; last spring $17,000 was cut out. We realize that part of $17,000 ought to be restored if you are going to pay these people Our feeling is that we don't think there is ample time to study the whole basic problem, whether or not the work is done inside. You need design and inspection. Assistant Town Engineer, $4,712, don' t think this is enough, and a Junior Engineer, $4,076 This would allow you to get two men, and would give you enough money for established pay raises for the 445 balance of the year We are not prepared to restore the whole $17,000. Mr. Cataldo said that there was no disagreement on inspection, our disagreement is in design. Mr Grant asked who they would rather have Mr. Cataldo said that the disagreement is the en- gineering part of the Engineering Department . The sur- vey group is fine, you are giving an inspector. We should make it clear as far as evaluation of the department is concerned . The Town Engineer has been here for seven months The Town Engineer is completely and solely re- sponsible to the Town. The Town is specifically respon- sible for it and the Board would accept or modify it. Can' t see your position that he has not been here long enough to evaluate. Mr. Grant said that Town Meeting had said "no" to the whole $17,000 Mr. Cataldo said that there was some confusion that we were going to start farming work out that we already had . Looking at the dollar responsibility, $1,137,560 construction budget programs . $413,810 work load was done We had $1,747,550 work load, plus MDC sewer. On Monday, the Engineer went to Natural Resources and was there two hours ; he also spent more than two hours with the State on Chapter 90. Tuesday and Wednesday he spent II on the Worthern Road school parking lot. Friday, on the Reservoir for Town Meeting. We should have somebody re- presenting the department at the Board of Appeals and Planning Board ; we wouldn' t have the Itek problem if we did Looking at this, if the Assistant Town Engineer is given a Senior Design Engineer, he would get the respon- sibility of design all day long. It can't work any other way. We have a department of good conscientious people, and you shouldn ' t kill it by burying it with a work load . You added a man to the Fire and Police. We would get our money' s worth in return, and you chop them off. I would say, forget the student, give us the Design Engineer Give him some help to get these meetings out of the way, the sidewalks , traffic survey If any department needs it, this one does Mr. Kenney asked about a Senior Engineer. Mr. Gary said that they felt that the need was for inspection and for design work, so we asked specifically, a Senior Engineer for design or Assistant Town Engineer We are not convinced on two additional people capable of doing design work Mr. Cataldo said that the Assistant Town Engineer wouldn't be doing design work all day. It is important for Mr. McSweeney to attend meetings . Mr. Grant said he could let the Assistant go to them Mr. Gary said that we asked for the priority and it 44.6 571 was , one, the Assistant Town Engineer; two, Junior En- gineer for inspection Would suggest that we review it in March. We feel that we have met you more than half way by going along with $11,000 appropriation at this time. Mr Cataldo said that if we are going to make a move, we should set up in a realistic way. Mr. Gary asked, isn't this a workable plan for the last half of the year? Mr Cataldo said that we are not talking that much money. Mr. Gary said there has been an attempt to slow this down a little The function of the Superintendent of Public Works and Town Engineer has been split up, the Clerk and Treasurer split up. When one function is split down the middle, there are more people involved . You can argue the positions involved, it is a personal opinion We bought the concept that he needs an Assistant Town Engineer and will make good use of a Junior Engineer for inspection Wbrk. We are not entirely convinced on others within the department. It will be reviewed in detail. This reflects the view of the committee Mr. Cataldo said to look at the figures , how the work load is going, the work to get federal aid, the man hours . Mr. Grant said that unless you get 85% guarantee it is not going to be moved . Mr. Cataldo said that somebody has to do the work to get the federal aid . Mr. Grant said it may have to be done on the Town Meeting floor. Mr. Cataldo said that if we have given to any depart- ment, it should be this one The Chairman said that Mr. Grant may be right about settling it on the Town Meeting floor. Every other de- partment has been really beefed up. This one has suffered ; you don't want us to feed it that fast. Article 5 Mr. Grant said that on Article 5, ? ill give you $60,000 from the E & D Account. Mr. Grant said, on Article 8, from the E & D fund . He asked how much of the sewer lateral money appropriated has been committed? I wonder about $12,000 for Hartwell Article 8 Avenue and $10,000 for Worthen Road . Mr. Cataldo said that the way things are going, we may be low. Mr. Gary said that they are asking to review the street projects and tell them whether Hartwell Avenue and Worthen Road carry higher priority. The Chairman said that we have the $248,000 that has been appropriated, and he wouldn't cut a thing out . 447 Mr. Cataldo said that we are solvingproblem streets . This is extending the main sewer to get tax money in here. Mr Gary said that two years ago you got an appropria- tion to use as a continuity. Mr Gray said that he felt that the finance committee of the Town look to the Board of Selectmen to sewer, to say what is to be spent for trunk and laterals . The Chairman said, you don't cut $1,000,000 We have a sewer problem. Mr. Kenney said that people from Bridge Street came to them and bequested a sewer. The Chairman said that they have to have sewers, as a health measure Mr. Cataldo said that it is frustrating to look at this . We whittle down, and in the final analysis, you say "no" You approve the Article for the Service truck for the Fire Department There is no sense in it; wish we could see the economical sense in it. If we could see the justification of $12,000, we could turn this thing around , 160 poles to be changed over Mr. Grant said that they will give consideration to the $12,000 for Hartwell Avenue and $10,000 for Worthen Road, in favor of. Mr. Grant said that on Article 9, we have not taken a vote on it and asked what do you want to do with the land? Article 9 The Chairman said , not Conservation. Mr. Grant said that they had heard that you want it for gravel, and you can' t do this . The Chairman said that it doesn' t say we can't. If we makensuitable for recreation, we might have to take the gravel out. It is my understanding that some kind of road could go through there. Under Town By-Law, if we got permission from the Board of Appeals, we could . Mr. Grant said that if you buy it for those pur- poses specified in the Article, you are not free to do this . The Chairman said that in order to make it suitable for recreation, we can take the gravel out Mr. Grant said that if Town Meeting wants to vote on the plan for recreation and the Town wants to take the gravel out . . Mr. Cataldo said that he didn' t think we should go to Town Meeting and say we are going to take the gravel out. Mr. Grant said that on Article 12, Veteran' s Memorial, it would be $500, instead of the $1,000 requested . The Article 12 ' Appropriation Committee felt that $500 was a fair figure. To be tax levy. L - 448 co cl w. Mr. Grant said that on Article 13, Civil Defense Warning System, they were no further ahead that before If passed, would be tax levy. Article 14, High School parking lot. Mr Grant said that Mr. Clarke had practically ad- mitted that it was overdesigned, $96,000; there might be a temporary solution for $30,000. He was not sure how many spaces they actually need or what the cost is for a permanent solution for that number of spaces , and Article 14 the temporary solution. Mr. Grant asked if there was any indication from Mr. Maclnnes that they wanted the whole area for parking? Mr. McSweeney said that it was previously planned for $7,500 for oiling a certain portion. He had seen several other High Schools . They took borings and had a survey by a Traffic Consultant; came up with an estimate, based on borings, to bring back. Mr. Gary asked, you got an impression from Mr. Maclnnes? Mr. McSweeney said, before I would recommend 3" of blacktop, I wouldn' t leave 8 feet of peat. Mr. Gary said that he was amazed that the Consultant came up with 258 parking spaces, $96,000. Mr. McSweeney said that we agreed to use the plan drawn up by John Carroll. Mr. Blaisdell asked how much of $1,000 appropriated have you spent? Mr. McSweeney answered, so far, $360. Mr. Gary said there was some misunderstanding and we ended up with a plan that the Selectmen and others could not approve. Mr Grant said to let Mr. Clarke talk to his people. Article 15 Mr. Grant said that on Article 15, they are opposed to $755 for uniforms . Article 15 Mr. Grant said that on Article 16, the recommendation is, the motion is to be tax levy Mr. Grant said that on Article 19, $30,000 It will be 10 to 20 percent more if the bulk of the work is not done by Town Employees . Don 't intend to get into opera- tion until next year. No estimate of operating cost. $7, 700 a year for life guards ; not asking for money for operating expenses this year Article 19 Mr. Gray said that Mr. Bertini said that you are talking $10,000 to $15,000; not very clear whether more lifeguards would be needed . Mr. Gary said that it includes nine lifeguards it would be open for a longer period than the Town pools Mr Kenney asked about the Recreation Committee. 449 Mr. Grant said that they haven 't voted on it. Mr. Mabee said that he would like to know what they say. Mr. Gary said that the proponents are going to argue about "x" number of dollars on the dump, and ask why not spend money on the Old Reservoir Mr Cataldo said that would be fine if we could get it for $30,000. Mr. Gary said that they might argue for $50,000, aren' t you getting a bargain? Mr. Grant said that Article 20, $5,500 Personal Article 20 Services, want $1,600. The Chairman said that they would have to have a pound, a vehicle, officers . Mr. Grant said they could have Officer Carlson put on a full time basis . Mr. Gray said that for the balance of the year, $8,500 in Personal Services, $4,000 for a vehicle If they do not have a kennel or dog pound, the fees at the Veterinarian' s are going to go up; used an estimate of $2,500. Could figure $15,000 for the balance of the year Would have to have part-time coverage over the week-end, would have to pay $7,000 or $8,000. Mr Grant said that Article 20 would be tax levy. The Appropriation Committee retired at 11:05 P.M. Mr McSweeney requested the Board to approve the plan for Lincoln Street. He said that they plan to put drainage in, bring the road in, fence, gravel the Lincoln parking area, seed the area around the trees ; it would Street be in the vicinity of $4,000. Mr. Kenney said that the intent is to clean up and fence it so that they stop dumping, and the cost would be $4,000 or $5,000. Mr. McSweeney said that the gravel in not included . Upon motion duly made and seconded, it was voted to approve the plan and proceed with the Lincoln Street area project. It was agreed that the Selectmen' s Meeting on June Selectmen' s 3 would be re-scheduled to 7:00 P.M. , because of Town Meeting Meeting. Upon motion duly made and seconded, it was voted to adjourn at 11:10 P.M. A true record, Attest: � a.Y Executive Clerk, The next regular meeting of the Board of Selectmen will be held in the Selectmen' s Room, Town Office Building, on Monday evening, June 3, 1968, at 7:00 P.M. n�(� tc c)\ Y �v 450 iliat SELECTMEN'S MEETING June 3, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building on Monday, June 3, 1968, at 7:00 P.M. Chairman Cole, Messrs . Cataldo, Mabee and Kenney were present . Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Supt. of Pub- lic. Works, and Mrs . McCurdy, Executive Clerk, were also present. Mr. Kent, Town Moderator, met with the Board to dis- cuss the motions for the Warrant. Warrant Mr. Legro said that Article 9 requires a two-thirds vote as it is acquisition, for a future street . Mr. Cataldo said that Article 8, sewers, he would like to say that when we put the trunks out for bld, he would suggest that Marshall Road be included in the Woburn Street, sewer. Mr. Legro and Mr. Kent retired to discuss the Warrant. Mr. Gray read a letter from Mr. Irwin, Building In- spector, requesting permission to take one vacation day Building a week; in most weeks, it would be Friday. If he takes Inspector two or more days in succession, he would make arrange- ments for the required inspections to be covered by a substitue inspector Upon motion duly made and seconded, it was voted to grant Mr. Irwin' s request for vacation days . The Chairman read a letter from the Promenaders Club, requesting permission for a trailer truck to be parked Permit behind the Cary Memorial Building on June 7 and June 8, 1968. The Club is conducting a Goodwill clothes drive. The Board had no objection. The Chairman read a letter from Y.E.S. Unlimited, Lexington High School group, requesting permission to Permit change the date from June 9 to June 8, 1968 for the art exhibit to be held on the grounds of the Visitors ' Center The Board had previously granted permission for June 9, 1968. The Board had no objection. Upon motion duly made and seconded, it was voted to certify the character of James J Feeney, who had applied for a Certificate of Incorporation for the Boston Ful- 45.1 ' bright Committee, Inc ; satisfactory character reference having been received from the Police Department . Upon motion duly made and seconded, it was voted to Certificate certify the character of Harry M Luhrs , who has applied Of Inc . for a Certificate of Incorporation for the Middlesex Tennis and Swim Club; satisfactory character reference having been received from the Police Department . The Chairman read a letter from the Commonwealth of Massachusetts, Water Resources Commission, which stated that approval has been granted for the plans for the pro- posed Bedford sewer force main Force Mr Gray said that Mr. McSweeney had talked with Mr. Main Peterson, Water Resources Commission, regarding the grant. Mr. Peterson informed Mr. McSweeney that , now that the project is under way, not to be too concerned with the June 30, 1968 date The Chairman said that at the last Town Meeting we received approval of the Great Meadows ; we did it under Conservation He suggested that we have an understand- ing that they keep us informed before the fact. Mr. Cataldo said that he felt there should be an advisory committee to the Board of Selectmen The Board of Selectmen is to have the final authority and the Con- servation Commission is to act in an advisory capacity. A letter from the General Counsel of the AFL-CIO was read . It stated , in answer to Mr Legro' s question at the meeting with the Labor Relations Commission and also AFL-CIO at the meeting of the Board and AFL-CIO Business Agent, that the "certificate of representatives'{ clearly indicates that the Labor Relations Commission certified the American Federation of State, County and Municipal Employees , AFL- CIO and its appropriate affiliates, as the exclusive bar- gaining representative for the employees of the Department of Public Works . The Chairman said that he would discuss the subject with Mr. Legro. Mr. Gray reported that, regarding the drainage pro- blem on Massachusetts Avenue and Worthen Road, he had informed Mr Hamilton that the Board would not consider Drainage piping the drainage ditch. The Chairman said that he had met with Rev Harding, Mr. Peterson and Mr Jick on Saturday morning, June 1. Rev. Harding had requested a meeting with the Chairman to discuss sections of the Kerner Report which relate to Kerner Lexington The Chairman said that they would meet with Report the Board on Monday evening, June 10, for the purpose of setting up a commission, which would include a repre- 452 sentative of Civil Rights , Lexington Council of Churches, and the League of Women Voters Mr Mabee asked if the Board of Selectmen would be a part of the Commission. The Chairman said there would be a member of the Board on the Commission. In Brookline the commission con- sists of approximately thirty members . It is the opinion that, with all these different people, they would re- present a cross section of Town. Mr. Gray submitted a proposed draft of a letter to the residents who would petition for streets ; it covers the sidewalk situation. He said that it was just for their information mow, and could be dicussed with Mr. McSweeney at a later date. We are putting notices in this week' s newspaper, stating that anyone interested in having a sewer or sidewalk should have the request in by Septem- ber 15, 1968. The notice will also be in the newspaper in August and September. Upon motion duly made and seconded , it was voted to adjourn at 7:30 P.M. A true record , Attest : 1 Executive Clerk, Selectmen The next regular meeting of the Board of Selectmen will be held in the Selectmen' s Room, Town Office Building, on June 10, 1968, at 7:30 P.M. 'PC) �1" 11 453 w SELECTMEN'S MEETING June 10, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, June 10, 1968, at 7:30 P.M. Chairman Cole, Messrs . Cataldo, Mabee, Kenney, and Greeley were present. Mr. Burke, Superintendent of Public Works, Mr Wenham, Assistant Superintendent of Public Works , and Mrs. McCurdy, Executive Clerk, were also present Mr Gray said that Mr. Legro requests the Board to sign a partial release of restriction on Lots 102 to 104, inclusive, on Taft Avenue At the adjourned session of Taft the Special Town Meeting held on June 4, 1968, it was Avenue unanimously voted to authorize the Selectmen to release Lots 102 to 104, inclusive, on Taft Avenue from the re- strictions imposed in a certain deed from the Town to Jennie C . Coye and Edward E Coye conveying Lot 99 on Taft Avenue, which deed is dated October 27, 1958. Upon motion duly made and seconded, it was voted to sign and execute the instruments as presented by Town Counsel. Mr. Gray said that he had a request, on behalf of the Chief of Police, that three men from the Somerville list be appointed, to the Police Department. The Chairman said that the three men are Desmond A. Howe, 19 Pembroke Street, Somerville; Michael J. Downey, 8 Bartlett Street, Somerville; and William J. Marques, 218 Summer Street, Somerville Approval has been re- ceived from Civil Service. Upon motion duly made and seconded, it was voted to appoint Desmond A. Howe, Michael J Downey, and William J. Marques to the Lexington Police Department, effective June 17, 1968. The Chairman read a letter from the Town Treasurer which stated that it is necessary to borrow $1,000,000 in anticipation of Taxes The three low bidders were New Town England Merchants National Bank of Boston, on $500,000, Treasurer 3.47 discounted ; Capitol Bank and Trust, on $250,000, 3.49 discounted ; Newton-Waltham Bank and Trust Company, on $250,000, 3.55 plus $1.00 discounted . Mr. Yewell said that, on June 21, he will have to pay the teachers ' salaries for the summer This will amount to $862,000. On July 11, and additional $250,000 will be sent to the teachers He would like to talk with the School Committee regarding the $862,000 expenditure. 454 271 Mr. Gray said there was something in the teachers ' contract that they are to be paid this way. Upon motion duly made and seconded, it was voted to sign the notes and the delivery authorizations to the three low bidders, in the amount of $1,000,000. Mr. Gray requested a transfer from the Reserve Fund to the Treasurer' s Department of $12,000 to pay the in- Transfer terest on the tax anticipation loan Upon motion duly made and seconded, it was voted to request the Appropriations Committee to transfer the sum of $12,000 from the Reserve Fund to the Treasurer' s De- partment for payments of the interest on the tax antici- pation loan. Mr. Gray asked the Board to read the proposed draft of a letter to residents of the Town regarding street and Policy sidewalk construction . The letter states that it is the policy of the Town of Lexington when constructing a street, a sidewalk is also constructed on bbe side of the street, The side on which the sidewalk will be constructed will be determined at the time of the final street design. Mr. Burke put a notice in the newspaper last week which in- forms the residents that requests are to be in the Town Office by September 15, 1968. The Chairman said that as this is a policy of the Town regarding sidewalks, a vote should be taken. Upon motion duly made and seconded, it was voted to adopt the policy that the notice to residents should in- form them that, when constructing a street, a sidewalk is also constructed on one side. Mr. Gray said that approval had been voted at the Special Town Meeting for an Assistant Town Engineer and Engineer- Junior Engineer. He requested authority to interview ing Dept. applicants and screen them. Permission was granted to start the process of in- terviewing applicants for the positions of Assistant Town Engineer and Junior Engineer. Mr. Gray said that he had received a call regarding a meeting to be held on Wednesday morning relevant to the Meeting Industrial Complex on Hartwell Avenue. They would like to discuss problems in Town Affairs . The Chairman felt that a member of the Board should be present and suggested that no commitments be made by Mr. Gray if a member of the Board was not present. 1 455 11 Mr. Gray said that bids were taken on the Instruc- tional Swimming Pool and two bids were received : J.A. Sullivan Corporation, $51,747.00, and W.T. Rich Company, Inatruc- Inc. , $60,000.00 Mr. McSweeney had a meeting with Camp, tional Dresser and McKee. We asked for a letter as to why the Pool bids were so out of line We only have $30,000; we had $20,000 and received an additional $10,000 at Town Meet- ing last year. We would like to suggest that the Rec- reation Committee come in and discuss it with us on next Monday evening. Mr. Mabee asked why there were only two bids . Mr. Gray said that the people involved in that work are very busy The Chairman said that the Appropriation Committee and Recreation Committee should meet with the Board . Mr. Cataldo suggested that Mr. Gray meet with the Recreation Committee and see where the problems are. We had an original estimate of $16,000, Mr. Gray could talk with there people. We would accomplish nothing with the Recreation Committee. Mr. Gray said that when the original bidg were taken, they were for $16,000 to $18,000; this is an instructional pool. As Mr. Cataldo said, call in Camp, Dresser and McKee. Mr. Kenney asked if the original bids were formal bids . Mr. Cataldo said that they were. The existing fil- ter room was inadequate for housing the new equipment and the additional cost of this building, plus a slightly larger filter, was estimated at approximately $10,000. Mr. Gray said that he would like to talk with the original low bidder and find out why he didntt bid, what the basic difference is . Some pools this size are built for around $15,000 or $16,000 Now we are talking $50,000. He will call Mr. Bond and request authorization for Mr. Bertini to meet with him Mr. Burke said that he had sent a letter to Mr. Gray regarding three employees of the Public Works Department. He would recommend that Richard W. Whitney, presently em- Public plo ed as a Laborer, Grade W-2 Step 1, at an hourly rate Work of $$2.46, employed since October 2, 1967, be given a merit Employees increase to Grade W-2 Step 1, at an hourly rate of $2.56. He is a very conscientious worker and has demonstrated his ability to operate the equipment . Mr. Burke said that it was his understanding that if he were employed on October 1, !se would get an automatic increase. Upon motion duly made and seconded, it was voted to grant an increase to Richard W. Whitney, Laborer, Grade W-2 Step 1, $2.46 per hour, to Grade W-2 Step B, at $2.56 per hour. 415 Ll a Mr. Burke said that James McLaughlin, Laborer for the Water Department , Grade W-2, Step C, 2 68 per hour had been employed since April, 1966. On May 1, 1968, he obtained his operator' s license for the John Deere Back- hoe and has proven to be a qualified operator. Mr. Burke recommended that he be reclassified and raised to Grade W-3, Step C, at $2.80 per hour. Upon motion duly made and seconded, it was voted to reclassify and raise James McLaughlin, Laborer-Water Department, from Grade W-2, Step C, $2.68 per hour, to Grade W-3, Step C, at $2.80 per hour. Mr. Burke said that William Tatten is presently employed as a Laborer, Grade W-2, Step C, $2.68 per hour. For almost a year, Mr. Tatten has assumed the duties of a Water Service Man. Duty of this nature on the service truck has been graded as a W-3 in the past. Mr. Tatten has proven to be an able, capable, and conscientious em- ployee and, therefore, Mr. Burke recommends that he be reclassified and raised to Grade W-3, Step C, at $2.80 per hour. Upon motion duly made and seconded, it was voted to reclassify and raise William Tatten, Laborer-Water De- partment, Grade W-2, Step C, $2.68 per hour, to Grade W-3, Step C, at $2.80 per hour. Mr. Burke informed the Board that part-time girly8 receive $2.04 per hour while part-time male employees receive $1.60 per hour. These men are doing laboring work and he feels that their salaries should be raised to $204 per hour. It is very difficult to get employees at $1.60 per hour. Mr. Cataldo asked if when Mr. Burke referred to part- time did be mean part-time just for the summer, orfbr a few hours a day during the year. Mr. Burke said that it could be either. His depart- ment is short six full time employees and he hopes to fill some full time openings with part-time help. Mr. Mabee said that it would be full time work dur- ing the summer. Mr. Kenney said that he felt that $1.60 per hour was way out of line Mr Burke said that he had authorization for eight employees . He has had three refusals because of the low rate The Chairman said that you have given all the Facts. Upon motion duly made and seconded, it was voted to raise the rate of part-time make employees from $1.60 per hour to $2.014. per hour. I 457 ' Mrs . Christiansen, Mrs . Jick, Mr. Herbert Adams, and Committee members met with the Board Mr. Adamssaid that he would like to present the open- ing remarks and distributed copies of a proposal to the Board He said that Rev. Harding was unable to attend . We would like to dispense with trappings by launching im- mediately into the proposal We feel that, with the meet- ing we have already had, the preliminary work has been done We feel that the Selectmen are concerned with the many problems of violence, about what is going on in Wellesley, and we would like to anticipate by proposing to you tonight what we hope would meet with your approval. We propose that the Selectmen establish a commission which will enable the Town to examine what bearing our community conduct has on the ability of the metropolitan area as a whole to meet the needs of the impoverished and minority group citizens who are largely concentrated with- in the central city. We believe that the Town, acting both through its official governmental activities and also through the broader structure of its civic life, should afford the greatest possible opportunity to its citizens to come to grips with their responsibility to the crisis in our nation. Lex. The Commission should include a representative from Suburban the Selectmen, School Committee, Planning Board, and Hous- Resp. ing Authority. The remaining members should be privatee Comm. citizens , so chosen as to be broadly representative of the Chamber of Commerce, Civil Rights Committee, Council of Churches, Route 128 industries, League of Women Voters, PTA Council, Senior Citizens, service organizations , Town employees, youth service groups , and veterans ' organiza- tions . It should be possible to select some individuals who could maintain liason with other groups, both local and metropolitan. In the same way, some of the persons chosen should, of course be members of the Town Meeting. While the Commission would be concerned with the relationships which now do, and which ideally should, prevail between Lexington and Boston, it would have no formal powers. If and when it chose to recommend speci- fic courses of action to the Town, such recommendations would presumably carry some weight by virtue of having emanated from the Commission, exactly how much to depend, of course, on how effectively the Commission has been able to peroorm its assigned role. We do not believe it wise to try to forecast in any detail just how the Commission would or should proceed to carry out its assignment ; nor would we suggest a for- mal title. If organized as a committee to examine subur- ban responsibilities, a precise definition of name, structure and operation would necessarily be defined We do, however, believe that its functions should include : gi w. w. al Research: The development of a general picture of how Lexington fits into the metropolitan scene, with par- ticular reference to questions of income distribution, educational opportunities, housing and employment oppor- tunities . Co-ordination and Communication: A continuing com- pilation of official and non-official Wotnnactivities having a bearing on the concerns of the Commission. We believe that a systematic effort should be made to en- sure that persons and groups (both civic and corporate) whose activities are mutually related, either by duplica- tion or potential complementarity, should become aware of such relationships and be put in direct tough with each other through an instrument of the Town. Various state, regional, county and federal programs have local implications and are processed through the channels of local government ; citizen support of decisions made by elected representatives would be increased by an oppor- tunity to learn the alternatives faced by those charged with the administration of these programs . Education : An effort to liven the sense of commun- ity participation and responsibility. Use of various media would be essential; although use of mass communica- tion could be a part of this effort, individual interpre- tation of material thus presented varies . We believe that education must offer opportunities for widespread discussion of problems if there is to be understanding of and reasoned response to the challenge of social crisis . Sponsorship: Provision of leadership and organiza- tion for community-wide movements which do not seem to be a part of the official responsibility of any regularly constituted organ of government, but which would benefit from formal identification with the Town of Lexington. We hereby request that the Selectmen of Lexington undertake the immediate establishment of this Commission, appoint members thereto, and direct their attention to this proposal. Mr. Adams said that three organization have drafted this proposal . We have members here who would be happy to answer questions . Mr. Greeley asked if Mr. Adams believed that a group could function without compensations . Mr. Adams said that the only compensation they would like would be a part-time secretary. The Chairman asked who would support this . Mr. Adams said that, perhaps , the Town would ; maybe the Selectmen could come up with some ideas . Mr. Greeley said that, in the long run, a group like this has to have staff backing. He said that he wondered if there was enough enthusiasm to operate on. 459 Mrs Mitchell said that there was no question in her mind, the ladies would be delighted to cooperate; they could type, make telephone calls, etc. The Chairman said that within your group you have the personnel, later on the money could be requested by the Town, if needed . He suggested that if the members had any questions, to ask them, as dialogue is essential. Mr. Adams said that there is a feeling of urgency. They would like to hold the meeting during the week of June 16, as Mr. Harding had suggested in his letter, and an announcement made of the decision . Mr. Kenney said that, by decision, your mean appoint- ment. The Chairman asked who would conduct the all Town meeting. Mrs. Jick asked if the Board of Selectmen would call the meeting. In Brookline, the Board of Selectmen called the meeting, The Council of Commissions presented the case, and the Board of Selectmen convened it. Mr. Adams said that their major hope is that the Selectmen take up the ball and do what has to be done. If necessary, follow this proposal. The Chairman said that be wanted to get it clear, 9 you want us to appoint this Ad Hoc Commission, you would still want us to carry the ball to the all-Town meeting, an open meeting with people of the Town. If we appoint this Commission, the only thing to the Selectmen would be whatever prestige we add to the movement. Mr. Kenney said that if we were convinced of the desirability of this proposal, if we appointed the Com- mission and called the meeting, then if you wished to have a town-widefbrum . . Mr. Adams said that it could be done that way; our major interest is getting it done The Chairman said that if the Board feels favorably toward this, we could appoint a Commission. I have mixed feelings on an open meeting; it may have plenty of merit if the movement has any merit; how much would it suffer if it were poorly attended? Mr. Crawford said that as long as it is before the beginning of next month. We should get rolling; we should have been one of the first in this Town; let ' s make Lex- ington the town it is supposed to be. We know what exists , lets do first things first. The Chairman asked Dick Crawford if he felt that an open meeting is essential to this? Mr. Crawford replied that as long as you are behind this, it is essential. We are ready to do something So many of us do work in Boston, our own livelihood is in- !! volved . 460 Mr. Mabee said that these people want to have the Commission . Once the Commission gets together, they decide what they want, to have an all town meeting, or The Chairman said that the meeting was mentioned in Mr Hardings ' letter; they have to try and get all the support possible All you are doing is passing the deci- sion on to the Commitrhen. Mr. Greeley said that we want to appoint a Commission that we expect and require to report its recommendation tp us, depending on what they propose as to the commitments of the meeting. Mr. Adams said that, he felt that Rev. Harding might say that after the Commission is established they might want to plan an open meeting. We feel that the Town would benefit if a Commission were named and establish- ed before the last of the month. There is not much action until the fall Mr Kenney asked if we do this, would you people feel that you are moving along well, if we appoint and call the first meeting of the Commission. Mr Adams said it would be held sometime during the week of June 16th Mr. Kenney said that he did not think members could be appointed until next week, the week of the 17th Mr. Adams said that he would like to have members of the Commission appointed, for the large majority, by next week The Chairman said, and you want the Selectmen to call the first meeting of the Commission Mr. Mabee recommended that the Board of Selectmen make the nominations or take suggestions from the groups you enumerated . Mr. Adams said that the proposal reads that the Se&ect- men should make the appointments . Mr. Greeley felt that the Board should make the ap- pointments . Mr. Mabee asked if they wanted the Board to ask the Chamber of Commerce who they want, or would like to be ap- pointed . Mr. Abraham suggested that they have a list from which the members would be drawn. The Chairman suggested the organizations make the appointment. Mr. Mabee said that you want them to come up with one name. Mr. Michael said that the Selectmen should ask for re- commendations of leadership. I feel strongly that for the effectiveness of the Committee, members should be appoint- ed by the Board However you canvass the fiild, the final judgment rests with the Board of Selectmen. 46_� Mr. Mabee said that, at the start, you have an emo- tional atmosphere; after the first meeting, you might have the good lick to get fifty people out. I much pre- fer the course of action outlined here, to get the com- mission organized and take the thing slowly. Discussion was held on appointments from the various groups outlined in the proposal plus others, such as the Girl Scouts, DeMolay, etc. Mr. Greeley felt that it we start adding up the or- ganizations that ought to be interested in this, we would get a representative group that is much too large. We are really after a group of fifteen individuals. One individual may represent a group. They must be appointed as individuals, and at the same time represent the group. If it is set up that we appoint someone from this organ- ization, it is not going to be a strong group. The Chairman said that someone in the Chamber of Com- merce may belong to three groups . He asked if it was generally agreed that there would be not more than fifteen members . Mr Adams agreed . The Chairman said that the motion would be to accept the proposal as submitted and move forewith with the appointing of the Commission and calling of the meeting the week of June 16, 1968. Mr. Kenney said that he would like to discuss the date of June 16th. The Chairman said that he would select members for this Commission if the Board had enough confidence to give him this latitude Mr. Mabee suggested that it be split up; he would be willing to help the Chairman. Mr. Cataldo felt that the Commission would be much more effective if we come up with a list and they then appoint the Chairman, or his designee. Some people have a work load that is more than they can carry. Basically, their Chairman would know best who would do the best job in this case. The Chairman said that the Board could authorize the Chairman to appoint, subject to recommendation to the Chairman of the Board or Commission, a Lexington Ad Hoc Commission. Mr. Kenney said that if you are going to ask for their recommendations, you make the choice . You can't just limit to organizations, you would get more. Mrs. Christiansen said that when we said this, we meant one Mr. Adams said that after we take the first four, from that point on they would be members at large, rated on individual merit . The Chairman suggested Town Meeting members. 4162 2 aD Mr. Greeley said that if the Chairman is willing to work with some of the officers and these baeople and if he could come into the meeting with the recommended list, the appointments should be made by the Board . The Chairman said that the procedure I would follow is, I would say that your first meeting is this night ; approving these people after the fact. Mr. Adams asked if the Chairman could submit this - that their appointment is subject to the approval of the Board . Mr. Cataldo said that he had no qualms about them making the appointments ; the people appointed should serve because they want to serve. The Chairman said that before the meeting ended, they could have one member from the School Committee and one from the Planning Board. Mr. Cataldo said that the point is to get other peo- ple involved to get the job done. The Chairman said that he is going to ask them for their designee, there is a sense of urgency in this matter. Mr. Mabee said that if there wasntt a sense of urgency, they could do a lot better making appointments . You should take your time about this get people who would un- derstand the import of this . Mr. Greeley felt that the week of the 16th was rushe ing it . Mr. Mabee agreed and said , but if you have to have it done that week, we will do it. Mr. Adams asked how much more time would be needed . Mr. Greeley suggested that it be within the month of June, rather than the week of June 16th Mr Mabee said to extend it one week and Mr. Cataldo agreed . Mr. Adams agreed and said that they all know the ur- gency, and you need the time Mr Greeley said that if you try to get an open meet- ing in ten days , you might have a melee or a sit-in. Such a meeting takes a lot of preparation, instead of hearing quickly prepared speeches . Mr. Crawford said, you people surprise me tonight, an open meeting might be more effective; organize around this, something will have been started in a constructive way. Mr. Adams said that it would be some place that or- ganizations can go to other organizations . We would be gratified if you would take action on the motion made. The Chairman asked if they were satisfied with the dialogue this evening, and all agreed L 4.63 Upon motion duly made and seconded, it was voted to create a Lexington Ad Hoc Commission for the purposes stated in the proposal Upon motion duly made and seconded, it was voted to authorize the Chairman of the Board of Selectmen to come in with a list of proposed names . The Chairman said that they were to feel free to call all members of the Board. Mr. Alan Adams voiced an objection to the name, Lex- ington Ad Hoc Commission. Discussion followed and Mr. Alan Adams suggested, The Lexington Suburban Responsibility Commission. It was unanimously agreed that the Commission is to be, The Lexington Suburban Responsibility Commission. Mr. Herbert Adams thanked the Board and the group retired at 9 :08 P.M. Mr. Gray said that the State Welfare Office has quart- ers in the Town Offices and were paying $65 .00 per month rent to the Town. He recommended that the rent be raised to $100.00 per month. Welfare Mr. Mabee asked how many square feet of space they Dept. were occupying? Mr. Gray said that he did not have the exact figure. He said that the State is making arrangements to move them to a permanent location Mr. Cataldo said that he agreed with the new arrange- ment, with the provision that they find new quarters as soon as possible. Mr. Gray said that they would be so informed . Upon motion duly made and seconded, it was voted to rent to the Welfare Departmentcof the State the area now occupied, at $100.00 per month. Mr. Gray informed the Board that a letter had been received from Thomas B. Nangle, Cambridge, requesting that tax title lots 32 and 24 Valleyfield Street be sold Tax to him His request had been referred to the Planning Title Board and their recommendation was that tot 32 not be sold, but there was no objection to the sale of lot 24. The Chairman said that the usual procedure was to advertise for bids . Normally, we have been selling the lots to the abutters, if the abutters wanted them Mr. Gray said that Mr. Nangle had offered $3,000 for lot 24.. The Chairman said that Mr. Nangle had established the low price; anyone who bids would have to bid over that figure. This is diggerent from a regular building lot. If an abutter bids on this, he should be the high bidder. 46 4 co Mr. Mabee asked what happens if the abutter wanted to combine with his lot and bid under $3,000. Mr. Gray said that it would be up to the Board to decide. Mr. Greeley said that it was about a normal size for a lot Mr. Gray said that the land will be advertised for bid in the June 6th issue of the newspaper. Un- Upon motion duly made and seconded, it was voted to license sign the Warrant which listed 903 unlicensed dogs, to be Dogs sent to the Dog Officer Mr. Gray read a letter from the Ledgemont Laboratory, Division of Kennecott Copper Corp. , regarding the Hatch Hearing Act. They would like to construct a road , a driveway, and in order to accomplish this , they would have to excavate the swamp. Mr Gray said that a hearing would have to be held and a notice of it would have to be in the newspaper. It was agreed to hold the hearing and invite the State Department of Public Works to attend . The Chairman read a letter from Mr. Legro to the General Counsel of the American Federation of State, AFL-CIO County and Municipal Employees , AFL-CIO, regarding the objection raised by Mr. Legro at the Labor Relations meeting and at the meeting of the Board and the Business Agent of the AFL-CIO. The letter states that Town is ready to commence collective bargaining when an entity is established, in order for the Town to determine with whom it is dealing. Mr. Gray said that after the meeting of the Board and the Busines Agent, the Board had received a letter from General Counsel of the AFL-CIO which stated that the certificate of representatives clearly indicated that the Labor Relations Commission certified the American Feder- ation of State, County and Municipal Employees, AFL-CIO and its appropriate affiliates as the exclusive bargain- ing representative for the employees of the Department of Public Works . Mr. Gray said that nothing further has been heard from them. * The Chairman read a letter from Town Celebrations Committee informing the Board that Admiral Fitch and the U.S.S. men of the U.S.S. Lexington had given a framed picture Lexington of the U.S.S. Lexington to the Town. The picture had been donated by Virgil F. Aldrich, CDR USN (ret) It was requested that permission be granted to hang the pic- ture in the Visitorth Center. The Board had no objection. Upon motion duly made and seconded, it was voted to grant permission to the Town Celebrations Committee to hang a 22" x 14" framed picture of the U.S.S. Lexington in the Visitors ' Center. -* The Chairman said that any letters received are to be referred to Mr. Legro. 465 The Chairman read a letter from Harley H. Anderson, 6 Ash Street, requesting a connection to the Town sewer- age system. His home was built in 1963 with a 1,000 Sewer gallon septic tank and the system in completely inadequ- Connection ate due to the water tables on the lot. When there is heavy rain , the system fills up and backs up into the lower level of his split entry home. It is the only house on the short street, running between Reed St. and Ward st , both Reed St and Ward St. have Town sewerage and his house in the only one in the area not connected or able to be connected to the sewer. He had talked with the Director of Public Health and he had advised him to write the Board of Selectmen Mr. Gray said that Mr. Anderson has a serious pro- blem. There is a sewer within 150 feet of his house and he could be connected. The Chairman said that, if done under normal proce- dures, the betterments would be $800.00. He asked if there was enough money to do this . Mr. Gray recommended that it be inserted in our existing sewer contract. It would be only $1,300.00 Mr Cataldo agreed as long as it was recommended by the Board of Health. Upon motion duly made and seconded, it was voted that the Superintendent of Public Works be authorized to include the 150 feet on Ash Street in the sewer contract The Chairman read a Notice of Intent received from the Commonwealth, Department of Natural Resources on Itek Corporation and the Lexington Minuteman Industrial Park Mr. Gray said that the Engineering Department has been consulted and a report was received from the Planning Board . Mr. Greeley said that the Conservation Commission had already reported Mr Gray said that if they have any requirements they would put them in the Order We have no objection, changes were made. The Chairman read a letter from Franklyn Crosby which states that he questions the legality of the ad- journed Special Town Meeting held on Tuesday, June !a , Ruling 1968, and he would like a legal opinion on whether or not prior written notice of an adjourned Town Meeting has to be given to Town Meeting Members . The Chairman said that Town Counsel has ruled that receiving a notice of an adjourned meeting in not up to the Board of Selectmen The onus is on Town Meeting members to attend and they have a right to adjourn any- time they so desire 4166 Mr. Cataldo said that Mr. Crosby questions the notice. Mr. Adams said that there was a case a few years ago11 where a Bond Counsel did question and it had to be vali- dated by a State Act. Mr. Greeley said he felt that the Board should ask Town Counsel' s opinion. The Chairman said that he had no objection to ask- ing Town Counsel. He will be notified in writing, say- ing that the Board is requesting the rule. Upon motion duly made and seconded, it was voted to Minutes approve the Minutes of the Selectmen' s Meeting held on June 3, 1968 Mr. Gray said that Chief Corr requests an indivi- dual from the Lynn Civil Service list, John Edward Day, 235 Boston Street, Lynn, who has indicated a desire to come to Lexington. The Chairman asked if the releases had been obtain- ed from those remaining on the Somerville list. Mr. Gray said that they are already in there. The Chairman asked Mr. Gray to contact Chief Corr about the releases . Upon motion duly made and seconded, it was voted to request Civil Service to make John Edward Day of the Lynn list available to Lexington, effective June 24, 1968. The Chairman read a letter from the Citizens for Lexington Conservation which recommended Mrs . Frederick Conserva- C. Frick to fill the vacant position on the Conservation tion Commission. Comm. The Chairman said that the Conservation Commission must notify the Board that a vacancy exists . After a meeting at which the regaining members voted , they may recommend a person to fill the existing vacancy. The Chairman said that this recommendation will be put on file. Mrs Frick will be given due consideration. The Chairman read a letter from John W. Frey, Land- scape Architect, which stated that Walter Pierce had re- Lexing- quested him to outline points on the Landscape Develop- ton ment Plan for Massachusetts Avenue to Edison Way. Center Mr. Gray recommended that the letter be referred to the Engineering Department. Mr. Cataldo said that we had made it quite clear at the Town Meeting in March that we would not go ornamental, but would go basic. That is all we have money for. Mrs . Morey called me and said that she and her group would like to meet with the Board . She is upset about the center and would like to discuss it with the Board before final opinion is made. In talking to her, I must agree that she has a few valid points . 461 The Chairman said that we will wait, until she mates an appointment with the Board . I do agree with Mr. Cataldo that there be no frills , just basic construction. Mr. Gray said that they hadn' t planned on anything but basic construction. Upon motion duly made and seconded, it was voted to make the Bollowing abatements on water rates : George Tucker $32.52; James McCann $77.66; Frank Buda $46.50; Abatements Warren H Bennett, $17 02; Mary L. and D.H. Chute, $24.85; Acct. No. A-118-243, $17.50. Mr. Cataldo asked about the position of Assistant Building Inspector. He felt that they should go through the list of applicants, advertise the position, or con- tact the applicant who had been interviewed . Mr. Gray said that the man who had been interview- ed was no longer with the Town he had specified at the interview. The Chairman asked Mr. Gray to put another "ad" in the newspaper and make an attempt to get in touch with the man who was interviewed Upon motion duly made and seconded, it was voted to adjourn at 10:00 P.M. A true record, Attest : Executive Clerk, Selec The next regular meeting of the Board of Selectmen will be held in the Selectmen's Room, Town Office Building, on June 17, 1968 at 7:30 P.M. n lja AC) \`N v � 468 co cl SELECTMEN'S MEETING June 17, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 17, 1968, at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney, and Greeley were present, Mr. Gray, Executive Assistant, Mr. Burke, Superinten- dent of Public Works, Mr. McSweeney, Town Engineer, and Mrs . McCurdy, Executive Clerk, were also present. Mr. Leon Burke, Director of Guides, introduced Dwight O. Henderson to the Board. He said that Dwight had passed his examination and requested the Board to sign the guide' s license. Guide The Chairman welcomed Dwight and told him that, as a Guide, he would represent Lexington as he is the only one that outsiders would cane in contact with. Upon motion duly made and seconded, it was voted to license Dwight 0. Henderson as a Guide of Lexington. Upon motion duly made and seconded, it was voted to sign the Eertieicates of Incorporation and certify the characters of the following: Melvin T. Aronson, "Quarter Century Federation- Boston District-Internal Revenue Service, Inc." Cert. Edward W. Wagner, "Sin Fac Minor,. Inc." of Inc. Elias L Mabardy, "Massachusetts State Storekeepers Association, Inc." The Chairman read a letter from the Mystic Valley Gas Company, requesting permission to install a four inch gas main in School Street and a two inch gas main in Phinney Road . Both locations were approved by the Town Engineer. Upon motion duly made and seconded , it was voted to Gas install a four inch high pressure welded steel gas main Main in School Street. Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to in- stall a two inch high pressure welded steel gas main in Phinney Road . Bridge The Chairman read a letter from the Director of Charit- Public Welfare, requesting approval of funds in the able amount of $4.00.00 from the Bridge Charitable Fund to pay Fund 4Cq for Summer Camp for children whose families receive assi- tance from the Welfare Department. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trust to appropriate the sum of $4.00,00 to the Welfare Department for Summer Camp. for children in need . The Chairman read a letter from Peacock Farms Asso- ciation, requesting landscaping of the ramp for Route 2, which goes through Peacock Farms Valley. The Chairman said that a check should be made with the Massachusetts Department of Public Works to see *that their plans are, and the timebable. Mr. Cataldo said that we should meet with the Depart- ment of Public Works before the landscape design is Peacock approved . We will write to the Peacock Farms Association Farms and inform them that before a decision is made on the final plan of landscaping in the area of the ramp going through Peacock Farm Valley, the Board will meet with the Massachusetts Department of Public Works. The Chairman said that, if the Board approves, he and Mr. Cataldo will follow this up. The Board agreed and Mr. Gray was requested to arange a meeting with the Massachusetts Department of Public Works . The Chairman read a letter from the Board of Health recommending that no action be taken to proceed with the development of swimming facilities at the Reservoir, pending further study by the Recreation Committee or other responsible groups to establish the suitability of the Reservoir for recreational use. Mr. McQuillan ex- pressed concern for the health, safety of the public and quoted a report from the Massachusetts Department of Pub- lic Health which stated that insufficient engineering in- formation was available to render a judgment. The State would be pleased to assist the Board or its consultant in carrying out such a survey during the summer of 1968 and will be pleased to render further recommendations when the results of such a survey are know. Reservoir The Chairman said that the State Board of Health has the right to close down areas . Mr. Cataldo said that the filter equipment was to be put in on a trial basis and the company would not want to be paid until it works . If this equipment is installed in the "res" and tests made, no other money is spent. If the system is going to give the quality of water needed, what could we lose? Mr. Greeley said that we really won't know until people swim in it. 1(70 Mr. Kenney asked if we held up to allow for the sur- vey the state offered, could we put this in and open in 111 1969? Mr. Gray said that if tests are made in August, and they prove to be positive, most of the work wouldn't be started until the fall. Mr. Cataldo said that the equipment would be install- ed and guaranteed it would work. If it didn't, they would take it out. The Chairman said that we would be moving forward. We have the Town Meeting vote to expend the money. We would exercise it, using prudence. We are not experts, we have no way of evaluating. Mr. McSweeney asked if we are going to incorporate the State on the project? Mr. Greeley said that the first step is to take the State up on their offer to measure the flow of water in the reservoir and the quality of water upstream. The second step is to follow Mr Cataldo's suggestion. Mr. Cataldo said that they should take positive steps to warrant getting the right answers . The Chairman said that we should exercise this cau- tion - if we have knowledge of facts, we are wasting money; we should slow down a bit. Mr. Cataldo said that it was presented at Town Meet- ing and they didn't care. Mr. Kenney said that we should check on it. He felt that the normal course of events would be to have the Rec- cration Committee report back in August Mr. Gray said to call a meeting with the Recreation and Board of Health and inform them that this is the pro- gram that we are going to follow. Mr Mabee said that we could ask the State without meeting with anybody. The Chairman said that we would co-ordinate it at one time. It was agreed to request the Board of Health and the Recreation Committee to meet with the Board. Mr. Alan Adams met with the Board. He said that he would like to have more information on the Dog Leash referendum. Mr. Gray said that there were 505 certified signa- tures on the petition. Mr. Legro has seen the Warrant and said that everything is in order. Dog Leach The Chairman told the Board that the Warrant they Referendum are about to consider signing calls for a referendum. A "yes" vote approved Town Meeting action, a "no" vote op- poses it. Chapter 381, Acts of 1954, sets up the pro- cedure. There would have to be 20 percent of the regis- tered voters to vote "no" on the referendum in order to ¢7/ make the determination, i.e. , about 3,000 people to vote one way, and a fewer number of people, the other, Mr. Mabee said that it was simply that a majority of voters must vote "no" to reverse the action. Mr. Adams said there could be 2,500 opposed. This is one case where the majority vote doesn't do it. The Chairman said that we have a State Law that supercedes our By-Law We have asked the Dog Officer to be present to answer any questions . Mr. Adams asked if the referendum is defeated, what about the money that was appropriated by vote of Town Meeting? The Chairman said that the people are voting only on the first part of the article. The Chairman read Chapter 140 or the General Laws- Section 157 says, " If any person makes a complaint in writing . . . " Dog Officer Carlson said that our present dog control law does not require a complaint in writing The Chairman asked if when people call, do you akk them to put the complaint in writing? Officer Carlson said that he bad one call from Con- cord Avenue, and roughly, three others. Most of the peo- ple call and complain, but say that they don't want their names to be .known. Mr. Kenney said, only four calls in 1968? Officer Carlson said only four written complaints . The daily complaints would be in the vicinity of forty dogs . The Chairman said that many people in our Town think that nothing is being done to restrain dogs. Officer Carlson said that, as a Dog Officer, he had to use judgment - sometimes, children would inadvertently leave the door open and a dog that had been restrained would get out. Mr. Greeley questioned that the State law superced- ed our dog control law and asked it that meant in place of? It would seem to be that our law was no longer relevant. The Chairman said that when in conflict with the State law, the State law has precedence. Mr. Greeley said that the Dog Officer is able to follow up, even though it was not in terms of writing. The Chairman said that be takes the call and says to give a written complaint Officer Carlson said that if there is one requiring Court action, I require it in writing Mr. Greeley said that our control law doesn't men- tion barking. Officer Carlson said that people understand that if the dog is a nuisance, there is a fine of $10.00 Mr. Adams said that the State law, in effect, does not supercede our own dog law, not even the new one. it/iUL Mr. Greeley said that the only thing that the State law does that ours doesn 't, is that it requires a com- plaint in writing. Mr. Adams asked what we were voting for? Mr. Kenney said the voting was for a more restrictive law than the State. Mr Adams said that there was a lot of confusion in the Town regarding the referendum. Mr. Greeley said that our law requires the dog to be automatically under control. Officer Carlson said that they are voting on the issue of whether there is to be a Leask Law or not. The voice command clause may cause a lot of trouble. The Chairman said that he wanted it known that our present law is being enforced. Officer Carlson said that last year, or the year be- fore, it didn't take long to spend $5,000 or $5,600; he had asked $200 for expenses . The Chairman said that Town Meeting voted $5,600; the Appropriation Committee cut you down. Mr. Adams said that it bothered him that the State law supercedes our own law. The State law specifies the penalty. Mr. Gray said that,under the statute, a Town may make additional ordinances or by-laws relative to dogs . The Chairman read Section 173a of the amended Chap- ter 140 which states, in part, that whenever a complaint is sought in a district court, the clerk shall send a written notice to the person complained against. If it is the first offense committed within a calendar year, the clerk shall dismiss the charge without the payment of any fine. If it is the second offense in the calendar year, the paymentfn the clerk of a fine of two dollars shall operate as a final disposition of the case. If the fourth or subsequent offense so committed in the cal- endar year, the payment of a fine of ten dollars shall operate as a final disposition of the case. Proceedings shall not be deened criminal, no person shall be required to report to any probation officer, and no record of the case shall be entered in the probation records . Mr. Greeley said that the State says, if certain things are in writing, the Town says that the Dog Officer could proceed under Town law. Mr. Cataldo said that the only thing we can' t do is change the fine. The Chairman said that having it in writing is more of a restraint on the individual. The Dog Officer has been investigating all complaints . Mr. Adams asked how many hours he would spend in a year? It is relevant, if it has taken one thousand hours a year to enforce an innocuous law, bow much more time will it take him to enforce a stringent law? 473 Mr. Cataldo said that even if this last *law is over- turned, we are going to add to the present setup. Mr. Adams asked if he would spend twenty hours a week? Mr Kenney said that the financial renumeration is seventy cents an hour. The Chairman said that our Animal Officer is Dr Smith and asked hew many dogs Dr Mmith could take care of Officer Carlson said, not in excess of ten dogs . Dr. Smith has said that if this law is adopted, he will resign. If you pass the law, you have to have two officers, and find a pound somewhere. Mr. Cataldo said that he didn' t think ten dogs were out of the question. Arlington doesn't have the facilities for ten, they don't have ten cages . Mr. Kenney said that, under the present law, you act on cpmplaints; if you want it enough to the point at which it is written, you would have to be full time. Officer Carlson said that he would have to be on duty twenty-four hours a day. The Department does help out when I am not around. Mr Kenney said that under the present law, you can onlydevote the time on complaints . The existinglaw had P teeth. If we give the appropriation of $700 to enforce it, ' it is inadequate Mr Adams said that it is not a police function. The Chairman said, as a second appointment, as Dog Officer Mr Greeley said that we should get Town Counsel to give us a fairly clear explanation on Article 27 and the existing by-law to the statute. When you use the word supercede, it is misleading. There should be a clear statement for the public that this law now on the books is valid . The Chairman said that, maybe, he had used the wrong word . Officer Carlson said that if he goes before a judge he wants something in black and white; verbal doesn't hold water. The Chairman is saying that the way to handle this is through the Court and not get a complaint which is non- criminal and not handle through the Court The Chairman said that he agreed and would get clari- fication from Town Counsel. Mr. Cataldo said that Town Counsel' s position was when we had the appointment was that this Chapter said that he was within his legal right to do this and the restrain- ment would hold . Officer Carlson said that it was not confusing. Peo- ple want the dogs restraindd and that' s it. That's what they have to decide. Mr. Adams said, if we could get a repeat of Town Counsel's statement. 411 The Chairman said that from his point of view, if the complaint is not in writing, when the Dog Officer goes to the people he should refuse to do it . The only way that he can get him in Court is to get witnesses . Mr. Cataldo said that it gives him the protection of issuing the camplaint. By the Statute, he doesn't have to do it. Mr. Adams asked what happens if someboOy pays seven- teen fines in a year? It is going to get in a Court action. Officer Carlson said that it was up to the Board of Selectmen. The Chairman said that Chapter ]1O, in another sec- tion, gives the right to muzzle the dogs ; we could pass an order to do it. Officer Carlson said that we would run into trouble. Mr. Adams said that the public was confused; the peo- ple would like a written statement. Upon motion duly made and seconded, it was voted to sign the Warrant for the Dog Leash Referendum on July 1, 1968. Mrs . Backaler met with the Board . She is handling the Davenport property, and cited a problem that had been in existence for some time regarding Hinchey Road . They would like to grade Hinchey Road down into the funnel at Hartwell Avenue; They plan on putting up an office build- ing and leave five aches to put up a motel in front. They would like to be able to enter the property from Hinchey and Hartwell. The motel would be 200' from the street line on Bedford Street and set back 100' on Hart- well Avenue. There is a turn-around and the Town has coa- 1 trol of it. C.C.&F. and Davenport have tried to obtain two lots and have offered a fantastic figure; the people on the hill have adverse rights in Hinchey Road. The Chairman asked if Mrs. Backaler had met with the Planning Board . Davenport Mrs . Backaler said that the Planning Board had sug- Property gested that I meet with you, as these houses are owned privately. The only think they suggested was to elimin- ate the cul-de-sac . The Chairman asked, you want some action to accept Hinchey Road as a public street? Mrs. Backaler said., if some control could be trans- ferred . . . Mr. Cataldo said that we couldn't lay out a street there without the State. Mrs Backaler said that the State DPW said that they have no legal authority, they claim it is under Town control. I 4173" The Chairman said that the State still has the fee on Hartwell Avenue. Mrs Backaler said that they claim it would be up to the Town to give access Mr. Cataldo said that if the State went to the trou- ble of making a taking, if it wouldn't give permission for a drain, it wouldn't give access Mr. Greeley said that, obviously, it was undesirable. As soon as you put Hinchey Road in as a street, you make C.C.U. lot too small. If you can get rid of Hinchey Rd . and combine C.C.U. and Davenport . . . The Chairman said, if you are convinced that they would never get together . . . Mr. Gray said that it is a question as to how long the residential properties are going to hold out. Mrs. Backaler said that C.C.&F. are discouraged . I am trying to develop without them Mr. McSweeney asked, could you get a ruling on this, as to why C.C.&F. can't take over that protion of Hihohey. Mrs . Backaler said that the people don' t use it. Mr. Greeley said that they can't use it go get out to Hartwell. Mr. McSweeney said that if we can't go in there, I still can't see why Davenport and C.C.W. can't get to- ll gather. Mr. Greeley said that we would be willing to release if she could arrange to put the ata -de-sac up Hinchey Road near the houses. The Chairman said that it can't be done without Town Meeting action. Mr. Greeley said that they could eliminate that part of Hinchey Road; the new development doesn't want to get in there. Mr. McSweeney said that if you move the cul-de-sac down, joining the two pieces of property, as one, is a much clearer answer. Mrs . Backaler said that the cul-de-sac was built in 1959 when the State came. The State says it is under Town control. The Chairman suggested that Mrs. Backaler talk with Mr. Zaleski and get the Planning Board' s recommendation; work with him and come up with something, whether to move the cul-de-sac or whatever is the best plan Mr. Cataldo said that he felt that the people would sign the release to straighten Hinchey Road . Mrs. Backaler said that if the people on the hill have adverse rights , the only one that can grade down is the Town, because you do have the authority. 4176 o CL The Chairman said that we didn't. Mr. Greeley asked if we grade it and left the barrier, would you be happy? The Chairman said that we dbn't have the right to grade it. Mr. Cataldo said , if you would give us the right to grade it we would consider grading it. Mr Greeley said, without even opening up Hartwell Avenue. Mrs . Backaler said, if I can get together with C.C.&F . . Mr. McSweeney said that she would need legal releases . The Chairman suggested that Mrs . Backaler talk with Mr. Gray and Mr. McSweeney. Mrs . Backaler retired . The Chairman read a letter from the Five Fields Com- munity requesting permission to hold a square dance at the junction of Stonewall Road and Barberry Road on July 3, 1968 from 7:00 P.M. to 12:00 P.M. Permit Upon motion duly made and seconded, it was voted to grant permission to the Five Fields Community to hold a square dance at the junction of Stonewall Road and Bar- berry Road on July 3, 1968 from 7:00 P.M. to 12:00 P.M. At the request of the Town Clerk, two jurors were drawn. They are as follows : Joseph D. Minsky, 9 Aber- nathy Road and Daniel L. Harwood, 1L. Whittier Street. The Chairman read a letter from the Fire Commission- er regarding an agreement between Boston and Lexington Fire for Mutual Aid in Fire Fighting. The letter states that Mutual Mr. Legro questions Section 7 of this agreement. Aid The Chairman said that we should discuss this with Mr. Legro. Upon motion duly made and seconded, it was voted to Minutes approve the Minutes of the Selectmen' s Meeting held on May 27 and June 10, 1968. Jury List It was agreed to hold the Jury List until the next meeting. Mr. Gray read a letter on bids for water pipe and recommended that the contract be adwarded to the Warren Pipe and Foundry Co. in the amount of $2,307. Water Upon motion duly made and seconded, it was voted Pipe to award the contract for water pipe to the Warren Pipe and Foundry Company, in the amount of $2,307. Mr. Gray said that he bad received a letter from Sewer the Commonwealth, Water Resources Commission, stating IIGrant that the Town would receive a grant increase to $63,900. - 471 Mr. Gray, Mr. Cataldo, and Mr. McSweeney said that they had attended a meeting with Weston Instruments and other companies located on Hartwell Avenue. They are concerned with litter on Hartwell Avenue. Mr. Gray said that he bad talked with Mr andthere a Burke t e e will be pick up by the Town to keep the street clean. Sewerage was discussed at the meeting and Mr. Cataldo explained about the $550,000 venture with Bedford . Mr. Gray alae informed them of the Traffic Survey which is underway. The companines said that they would be glad to help the Town in any way they could as they all have a problem with the traffic Hartwell The Chairman asked if they felt that the meeting Avenue was worthwhile? Meeting Mr. Cataldo said that he was surprised that there was no one from Hanscom Field ther, We encouraged then to take the approach, and to have periodic meetings . Mr. Gray said that he told them to call him or Mr. McSweeney; not to let things go for toolong a period . Mr. Gray said that be had received a visit from Mr. Lavender of 20 Avon Street regarding a sewer connection. He had suggested that Mr. Lavender get in touch with the Board of Health. Mr. Gray read a letterffrom them which recommended a conneciton. The Chairman said that this was another indication of the serious sewer problem in the Town. Based on the Sewer recommendation of the Board of Health we should include Connection this . Upon motion duly made and seconded, it was voted to include the sewer connection at 20 Avon Street, subject to the 810141011 11 o,f the. Torn. Engineer. Mr. Gray read a request from Rowe Chevrolet to in- stall a drain on their property. Mr. McSweeney has check- ed it out and it can be done. Rowe Upon motion duly made and seconded, it was voted to Chevrolet grant permission to Rowe Chevrolet to install a drain on Drain their property at their expense and under the supervision of the Town . Upon motion duly made and seconded, it was voted to hold Selectmen' s Meetings on the following dates : July 1- Summer �5-29, August 12-26, and September 9, 1968. Schedule Upon motion suly made and seconded , it was voted to take off the table the motion to close Town Offices on July 5, 1968. July 5 Mr. Greeley asked about the Fire and Police Depart"? menta . 1/ 7g c z Mr. Cataldo said that the Board made it quite clear at budget time that they were to have 10 paid holidays . This day does not enter into it. Upon motion duly made and seconded, it was voted to close Town Offices on Friday, July 5, 1968. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discuss- Executive ing, deliberating or voting on matters which, if made Session publicmight adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion concerning the finances of the Town, it was voted to resume the open meeting. Mr. Gray said that a request had been received from the Chief of Police for the purchase of protective hel- mets for the Policemen in the amount of $1,175.00. Chief Corr based his request on a newspaper item which covered the talk given by John Young at one of the local dhurches . Mr. Young said that Lexington could not es- cape having riots this summer. Police Upon motion duly made and seconded, it was voted Helmets to request the Appropriation Committee for a transfer in the amount of $1,175.00 from the Reserve Fund to the&. Police Department for the purchase of protective helmets . The Chairman said that the Board should discuss and appoint members to the Lexington Commission on Suburban Responsibility. He had a list of ten members who were willing to serve on the Committee. Mr. Cataldo asked hew many organizations that have not been heard from? The Chairman said a member was needed for Route 128 Industries and the Chamber of Commerce. Mr. Greeley said that the Board should select fif- teen people Upon motion duly made and seconded, it was voted to appoint the following members to the Lexington Com- mission on Suburban Responsibility; Selectmen, Roland B. Greeley; School Committee, Elizabeth Clarke; Hous- ing Authority, Temple Scanlon; Civil Rights, Edgar Smith; Council of Churches, Richard Harding; League of Women Voters, Mrs Christensen ; P. T. A. , Camillk Skov; Sen- ior Citizens, William Melbye; Town Employee, Paul Furdon; Planning Board , Francis T Worrell. 4{79 Mr. Greeley said he assumed that statutory rulings do not apply and the commission has an option as to whether the meetings would be open or closed. The Chairman said that, in effect, this is an ad hoc committee You could meet privately but it would be better to have an open meeting Mr. Greeley said that the meeting should not be ad- vertised as an open meeting, only be invitation. The Chairman said that it is an organizational meet- ing. You would want to make plans for a meeting open to specific people not to the public. Upon motion duly made and seconded, it was voted to adjourn at 10:10 P.M. A true record, Attest: )21 Executive Clerk, Selec men The next regular meeting of the Board will be held in the Selectmen's Room, Town Office Building, on June 24, 1968, Monday evening, at 7:30 P.M. 0)2 9 art ar I Lit( 1 CO C": 5-1 SELECTMEN'S MEETING June 24, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Twin Office Building, on Monday, Juns24, 1968, at 7:30 P.M. Chairman Cole, Messrs. Mabee, Cataldo, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. Wenham, Assistant Sup- erintendent,of Public Works, and Mrs . McCurdy, Executive Clerk, were also present. Mr. Legro requested the Board to sign the deed for tax title lot 86 Kendall Road . The Board had voted, on October 9, 1967, to sell lot 86 to George A. Amichetti and Virginia F. Amichetti. Tax Title Upon motion duly made and seconded, it was voted to sign the deed for tax title lot 86 Kendall Road, pur- chased by George A. Amichetti and Virginia F. Amichetti. Mr. negro requested the Board to sign a document re- leasing Thomas E. Osborn from further damages . Mr. Osborn had knocked down a stop sign. Release Upon motion duly made and seconded, it was voted to sign the general release in the amount of $25.00 to Thomas E. Osborn. Mr. Legro requested the Board to sign an Order of Taking by Eminent Domain at 8 Brown Road, owned by Henry Delfiner and Barbara C. Delfiner, no damages being award- ed . An abatement on the sewer betterment assessment had been granted to Mr. Delfiner by the Board on January 8, 1968, Order of Upon motion duly made and seconded , it was voted bp Taking adopt and sign the Order of Taking by Eminent Domain on the property at 8 Brown Road, owned by Henry and Barbara C. Delfiner. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign liquor identification I. D. cards for the following: Karen A. Emerson, 22 Thoreau Cards Road; Leslie Julian, L. Oxbow Road; Janice M. Maroney, 8 Raymond Street. The Chairman read a letter from the Mystic m y Valley Gas Company, requesting permission to locate a six inch high pressure welded steel gas main in Winthrop Road, Lexington, and to locate a four inch medium pressure welded steel gas main in Ballard Terrace, Lexington. 481 I \' Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to lo- cate six inch high pressure welded steel gas main in Winthrop Road, Lexington. Upon motion duly made and seconded , it was voted to grant permission to the Mystic Valley Gas Company to lo- cate a four inch medium pressure welded steel gas main in Ballard Terrace, Lexington The Chairman read a letter from the Chief of Police requesting that two security guards at the Honeywell Plant be appointed as Special Police Officers for the Special Town of Lexington Police Upon motion duly made and seconded, it was voted to appoint the following Special Police Officers for the Town of Lexington : James H. Hood, 43 Parker Street , Watertown; Edward R Tripp, Jr , 101 E. Squantum Street No. Quincy. The Chairman submitted the proposed Jury List to the Board Upon motion duly made and seconded , it was voted to Jury approve the Jury List, subject to the deletions made by List the Board Mr. Gray submitted a bid received by the Superinten- dent of Public Works for #4 treated crushed stone at $5.10 per ton, from the Massachusetts Stone Company, Weston, Crushed Massachusetts . Stone Upon motion duly made and seconded, it was voted to award the contract to the only bidder, Massachusetts Stone Company, Weston, for #4 Treated Crushed Stone at $5.10 per ton. Mr. Gray read a letter from the Federal Water Pollu- tion Control Administration which stated that Lexington Federal is to receive $70,290 because of the 10 percent increase Grant in the Federal Grant Mr. Gray requested the approval of the Board regard- ing the distribution of the commissions on the Town' s in- surance schedule and he recommended commissions on the Insurance Town' s insurance schedule The recommended agencies are: Commis- Bartlett Insurance of Lexington, Inc , W.S. Couette, sions MacNeil Insurance Agency, Inc. , J. Quinton Rush, Fred Hersom, John D. Beckwith, Milton F Hodgdon, and North- west Insurance Agency I Aga Mr. Gray recommended that the Otis Brown Insurance Agency be added to the list, if the conflict of interest period had elapsed . Upon motion duly made and seconded, it was voted to approve the list of agencies submitted for the dis- tribution of the commissions on the Town' s insurance schedule, and the Otis Brown Insurance Agency be added, if the period of time under the conflict of interest law had elapsed . The Chairman said that a letter had been received from the Chairman of the Fire Commissioners regarding the Agreement between Boston and Lexington for Mutual Aid in Fire Fighting. Mr. Legro was asked for his opinion of Seetion7. Mr Legro said that Section 7 makes each municipal- ity liable to pay to the otherfbr all loss or damage to property or injury or death of personnel incurred in fur- nishing aid under this agreement. I think this provision is improper unless there has been money appropriated and a vote of the Town authorizing such payments . I know of no such appropriation or vote Mutual The Chairman asked who signs the mutual aid contracts? Aid in Mr. Legro said that when the Selectmen voted in Fire 1953, they did not authorize the Fire Department to sign Fighting written agreements . It is my opinion that mutual aid agreements should be submitted to the Selectmen for a vote of approval for the Fire Commissioners to sign. The Chairman said that we could approve, with the deletion of the latter half of the sentence. Mr. Gray asked if there is damage to personal things, do we have them covered? Mr. Legro said that we have self insurances and there is an appropriation. Mr. Greeley asked if we went to Boston, would we have them covered? Mr. Legro said that the trouble is, if Boston fire fighters come here we do not have them covered . Mr. Kenney asked if anyone had talked with the Fire Commissioner to ask why we want an agreement of mutual aid . The Chairman felt that it was a good arrangement. He didn't knew if Boston fire fighters will come out here. It may be that they are going to need all the mutual aid. Mr Kenney asked what towns are now in mutual aid. The Chairman said that all the surrounding towns were. Mr. Legro said that as far as the Air Base is con- cerned, we are confronted with aidfbr the special equip- ment there. Mr. Legro said that we have mutual aid with the Air Force and Arlington since 1967. 483 The Chairman said that mutual aid now is on the basis of mutual aid to Arlington, not to Boston. Mr. Cataldo said that we were always over in Woburn and they had no equipment to send over here. Mr. Kenney said that he would like to hear from the Fire Commission. Mr. Greeley said that, as a matter of principle, we shouldn' t by-pass the Fire Ctmmissioners . Mr Legro said that they sent an agreement to me to read and approve and I wrote to them that I felt this provision was improper. They then wrote to the Board of Selectmen. Mr. Kenney said that you are saying that any written agreement should be signed by the Board Mr Cataldo said that he doesn ' t look to the Fire Commissioners for a recommendation, he looks to them for a justification. The Chairman asked Mr. Gray to get a justification from the Fire Commissioners Upon motion duly made and seconded, it was voted to appoint the following members of the Lexington Suburban Responsibility Commission: Dr. Gerald McLeod of Itek- Lexington Route 128 Industries ; Frederick Conroy, Chamber of Com- Responsi- merce; Arthur Bernier and Howard Livingston, TMMA; bility Donald M Graham, Planning and Development, MBTA Commission Mr. Legro informed the Board that he had received a copy of the letter sent to the Board by Franklyn Crosby. Mr. Crosby questioned the legality of the June 4, 1968 adjourned session of the June 3, 1968 Special Town Meeting. Mr. Legro lead a letter written by him to the Board which stated that Section 3 of Chapter 215 of the Acts of 1929 provides ; "Notice of every adjourned representative town meeting shall be posted by the Town Clerk in five or more public places in the town; and the Town Clerk shall also notify the members by mail of the Special adjournment at least twenty-four hours before the time of Town the adjourned representative town meeting, if the period Meeting of adjournment will permit." Section 6 of Article EEI of the General By-Laws makes a similar provision for notice, "if the period of adjournment will permit." Mr. Legro further stated that, in his opinion, the foregoing pro- visions were strictly complied with and that the question of the legality of the adjourned session on this ground is without merit. The Chairman asked that a letter be written to Mr. Crosby stating Town Counsel' s opinion that the provisions were strictly complied with. 484 Mr. Greeley said that he had accepted an appointment to the Data Processing Committee but now that he is on the Lexington Suburban Responsibility Commission he feels he should relinquish the appointment to another man. The Chairman agreed and suggested that he recommend Mr Kenney as a replacement Mr Greeley said that he will submit his resignation to the Moderator The Chairman asked Mr. Gray to speak to Mr. Zaleski and set up an appointment with the Planning Board on next Monday evening. Mr Legro said that he had received a question on the application of the dog control by-law. He said that the Dog Officer could proceed under Chapter 1.57 or the by-law. Referendum The Chairman said that our Dog Officer wanted com- plaints in writing. He has the right to, he would be with- in his rights . Mr. Legro said that a complaint under Chapter 157 requires the Selectmen to hold a hearing. Mr. Cataldo asked if the appropriation still holds if the vote on the referendum overturns Town Meeting action. Mr. Legro answered in the affirmative. The Chairman said that the money would still be avail- able for us to enforce the dog law The Conservation Commission met with the Board The Chairman said that a letter had been received in- forming the Board that a vacancy exists on the Conserva- tion Commission due to the resignation of Leslie York. Appoint- Following the statutes, we can elect a member to fill the ment vacancy. Mrs. Frederick Frick has been recommended . The Chairman declared the nominations open. Mr. Sussman nominated Mrs Frederick Frick. The Chairman nominated Mrs Frederick Frick. There were no other nominations . Upon motion duly made and seconded , it was voted that nominations be closed The members of the Board of Selectmen and the Conser- vation Commission proceeded with the election by ballot These were collected and counted by the Clerk. There were nine votes for Mrs. Frederick Frick Upon motion duly made and seconded, the Clerk was authorized to cast one ballot for Mrs. Frederick Frick. The Chairman declared that Mrs. Frederick Frick has been appointed a member of the Conservation Commission, by unanimous vote, fbr a term expiring April 1, 1969. The Chairman said that there has been a move made to review the Stadium Bill in the State Legislature. In the Stadium group that would form the authority to underwrite the con- Bill struction, Lexington would have 1.2 votes Lexington' s share of the first year' s deficit would be sixteen cents $ffon4486- on the tax rate The Chairman asked the Board if the members would be for or against the bill Mr. Cataldo said that he did not think that seven- ty eight cities should be the only ones in this. Mr. Greeley said that the authority ought to com- mand a rather high vote - two-thirds or three-quarters . Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, Executive might adversely affect the public security, the finan- Session cial interest of the Town or the reputation of any person . Following discussion with Mr Legro involving the financial security of the Town, it was voted to resune the open meeting. Mr Greeley said that a question was raised at the meeting of the Visiting Nurse Association as to whether the Town could resume plowing their driveway next L nter. Plowing The Chairman asked Mr. Burke to take care of plow- ing the driveway as the original vote to discontinue plowing some areas did not include the Visiting Nurse Association Upon motion duly made and seconded , it was voted to I II adjourn at 8:35 F.M. A true record , Attest : Executive Clerk, Selectmen The next regular meeting of the Board of Selectmen will be held in the Selectmen' s Room, Town Office Building, on Monday evening, July 1, 1968 at 7:30 F.M. GU SELECTMEN'S MEETING July 1, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, July 1, 1968 at 7:30 P.M Chairman Cole, Messrs Cataldo, Mabee, Kenney, and Greeley were present . Mr Legro, Town Counsel, Mr Gray, Executive Assistant, Mr Burke, Super- intendent of Public Works, and Mrs McCurdy, Executive Clerk, were also present Mr Gray informed the Board that a letter had been received from the Director of Water Resources Commission Grant stating that our application for a state grant under the Massachusetts Clean Waters Act had been approved in the amount of $57,510. Mr. Gray read a letter from Mr. Taylor of the Per- manent Building Committee regarding a problem with the playing fields at the Bowman School. Mr. Taylor said that the solution would require the cooperation of the Town with respect to drainage through Clamatis Brook. Bowman Mr. Gray said that Mr. Burke had informed him that School there are a number of obstructions in the brook that Fields are restricting the flow to a degree. Most of these are mad-made and can easily be removed. The metal twin cul- vert contains a considerable amount of debris and the top of each section has been cut open and damaged . Mr. Burke has issued a job order to clear the brook of these obstructions, remove all debris, and repair both culvert sections . Lowering of the brook will require an engi- neering study which will be made later in the year When the study is completed and cost estimates prepared, Mr. Burke will indorm the Board Mr. Gray read a letter from Mr Jefferson, Office Manager of the Public Works Department, regarding a re- quest for an abatement on a sewer charge for the in- stallation of a sewer service at 7 Patriots Drive. The total cost of the work was $670 31; of this, the Town absoroed $189 75 for the portion of the sewer installed in the street Town regulations state that all work performed inside the property line will be paid for by the home owner. Since his original service was over 25 years old, the cogt was not pro-rated Mr Jefferson felt that this is just charge and should not be changed . Mr Gray said that Dr Bellinger thinks that the bill is too much and his attorney, Frederick Conroy, has 487 applied for an abatement Mr. Gray' s recommendation was that the abatement be denied ; the cost of the labor was $409.o4. Upon motion duly made and seconded, it was voted to deny the request of Dr. Martin Bellinger, through his attorney, for sewer connection work at 7 Patriots Drive. Mr. Vocell of the Vocell Bus Company, Billerica, met with the Board Mr Vocell said that he had the operat- ing rights, granted by the Board, in connection with the Woburn line. He hits the Lexington line via Russell Vocell Street and would like permission to go over Lowell Street Bus to the junction of the Burlington line The Store Mana- Company gers of the Burlington Mall have informed him that they have already hired 3,000 people on a shift basis from 9:00 A.M. to 9:30 P M and will need passenger service He is going to operate six trips and return and go back Russell Street Mr Kenney asked if he meant six trips in addition to the service he now gives Mr. Vocell said no, in the future as soom as the capacity of the Mall is know, extra trips will be added The Chairman asked if there were any other bus lines? Mr. Vocell replied , not in that capacity. Middle- , sex comes to the junction of Lowell and Woburn Street. Hecfelt that they would approach the Board for some feas- ible route from the Square to the Burlington Mall. He and the owner of the Mall and the General Foremen of Sears, Filenes, and Jordan Marsh and it hinged around the fact that Mr Vocell holds the rights and the others are on the outskirts The Chairman said that the MBIA can' t cross routes , so there would be no conflict there. Mr. Vocell said there was none, as Mr Delaney of the MBTA agreed . Mr. Greeley said that if we give this right to you and the M & B is coming before us later on, the M & B can ' t go out Adams Street to the Mall Mr Vocell said that he had the operating rights from Four Corners to the junUtion of East and Russell and Lowell Streets ; and I am asking for an extension of this If M & B and I talked it over, it is not a question of them using my rights or any subsequesnt rights, they can cross my line but can' t pick up passengers . I wouldn' t exclude them. I need a small portion to get into the Burlington Mall I do intend to continue on Lowell to Bedford in the Town of Burlington. The Chairman reminded the Board that if Mr. Vocell was granted permission it wouln' t cost the Town money, whereas every run that the M & B has is subsidized . . Mr. Vocell said that Mr Delaney brought this up 4iirEl at the meeting and skid to put the run on hourly or half hourly. He asked Mr Vocell if he could do the same and his answer was no Mr Cataldo asked Mr. Vocell about a schedule, the hours he would run and where the stops are going to be. Mr Vocell said that he couldn' t give a schedule, and said that the Board would have to wait two weeks . Mr Cataldo asked how soon be would need an answer on the permit . Mr. Vocell said, the sooner the better. Mr Greeley said , you have stops at Four Corners and Russell and Lowell Streets . Mr Vocell answered in the affirmative Mr Kenney asked if this would preclude that M & B would not be able to pick up passengers . Mr Vocell said that they could use the right but could not pick up passengers . He said that there are very few houses from the junction of East Street to the Burlington line. I still have to go before the DPU but I don' t expect any difficulyy. Mr. Greeley asked if the DPU had set a date for a hearing? Mr. Vocell said they had not, because of the summer schedule. The Chairman asked if he would agree to a conditional motion to grant permission for an extension. Mr. Vocell said that 60 or 90 days would be agreeable with him. Mr. Greeley felt that it should be a temporary permit . Mr. Cataldo said that he didn' t want him stopping at the will of the passengers . Mr Kenney said that the Board would expect a sched- ule of the runs , plus the stops in two weeks Mr. Vocell said that was tying him down too much. The Chairman suggested within 60 days . Mr. Kenney told Mr. Vocell he could come back in 60 days for a renewal The Chairman said that a temporary permit under these conditions does no harm Upon motion duly made and seconded , it was voted to grant a 60 day permit for an extension from Lowell Streets to the junction of the Burlington line to the Vocell Bus Company, Billerica. Notice was receined from the Alcoholic Beverages Control Commission calling the Board ' s attention to the ABC provisions of the*sale and delivery of alcoholic beverages July 4 on Independence Day, Thurdday, July !}, 1968. Upon motion duly made and seconded, it was voted to conform to the provisions received . * Liquor Control Aet insofar as they relate to the 419 The Chairman read a letter received from the Build- ing Inspector regarding a substitute Plumbing and Gas Inspector during MP. John Byrne' s vacation. Substitute Upon motion duly made and seconded, it was voted to Inspector approve the appointment of Mr Donald Byrne as substitute Plumbing and Gas Inspector for the period of July 8 through July 12, 1968 The Chairman read a letter from the Board of Health requesting that the Police Department enforce the law which states , "No driver of a horse or vehicle shall drive or allow the same to stand or be on any sidewalk." It was agreed to refer the letter to the Chief of Police. Upon motion duly made and seconded, it was voted to approve water abatements for Robert Prescott, $31.81, Abatements and Nile Atterman , $15. 75. Upon motion duly made and seconded , it was voted to approve the Minutes of the Selectmen' s Meeting held Minutes on June 24, 1968 The Chairman read a letter from Attorney Harold Stevens stating that Boerner Lexington Corporation, through him as their attorney, offered to convey lot Title A-2 in the rear of 394 Lowell Street to the Town as a Boerner gift The Board of Appeals has granted a variance as Corp. to lot A-1 to allow Boerner Lexington Corporation to Land use the lot for parking for the commercial building. The Chairman asked Mr Legro if the Town had the right to accept the gift . Mr. Legro said that the Town could , by vote of the 1968 Annual Town Meeting under Article 57. Upon motion duly made and seconded, it was voted to accept for playground and recreation purposes, pur- suant to the authority of the vote adopted under Arti- cle 57 of the Warrantfbr the 1968 Town Meeting, a con- veyance as a gift by Boerner Lexington Corporation of that part of Parcel A referred to in said vote that is shown as Parcel A-2 on plan entitled "Plan of Land in Lexington, Mass . ," dated June 25, 1968, by Albert A. Miller - Wilbur C. Nylander, Civil Engineers and Surveyors . It was agreed to hold the bide for lot 24 Valley- Tax Title field Street until July 15, 1968. Lot Mr. Cataldo informed the Board that Mr Perry, Comp- troller, has been elected to the Executive Board of the Massachusetts Accountants and Auditors . Mr. Cataldo felt this was quite an accomplishment as Mr Ferry has been a 440 member for only two years ; Mr. MacKinnon, Director of Accounts, had approved him. Mr Gray, Executive Assist- ant, has been elected Secretary-Treasurer of the Mass- achusetts Managers Association Upon motion duly made and seconded , it was voted to write and congratulate Mr. Perry and Mr Gray The Board of Health and the Recreation Committee met with the Board . The Chairman said that we have asked the Recreation Committee to meet with us to discuss the course of action to be taken on the "old res ." He read a letter from the Board of Health which recommended that no action be taken to proceed with the development of swimming facilities pending further study by the Recreation Committee or other responsible groups to establish the suitability of the "old les" for recreational use. "Old Res" Mr. McQuillan said that Mr. Bond had asked the Board of Health to make the survey. We Called Mr. Collins of the State Public Health and he sent us a letter stating that insufficient engineering information is available at the present time to redder a judgment on the suitability for public bathing. It would be necessary to measure the flow of water entering and leaving the reservoir during the driest season of the year and to conduct a detailed sanitary survey to determine active and potential sources of pollution to the proposed bathing area The State Department would assist in such a survey during the sum- mer of 1968 and will further recommend when the results of the survey are known The Chairman said that the position of the Board has been that whatever Town Meeting votes they will imple- ment When we get the red flag put up by the Board of Health it is a problem What can we do to keep within the spirit of Town Meeting vote? Mr McQuillan said that Mr Powers is here and he might be able to help. Mr. Powers said that his department is in the pro- cess of drafting a code on public swimming pools , Once the code is established and filed, it is in effect in all cities and towns and provides a guide as to the Board of Health minimum standards . We have the second draft now and hope to hold a hearing in September. All bathing areas are under the Board of Health of the Town, add the State can come in if the local board fails . If you do establish a bathing area, two years from now the code is in effect . The Chairman asked if this code would allow for water flowing through or a circulator? 454 Mr Powers said that the water should be going through the bathing area. We do know that in the bath- ing area if the water is not circulating the bacteria count does raise. I have watched , roughly, what I pre- sume is being proposed in this case, and I don' t know how the code is going to be written. We take thto account the safety - a lifeguard must be able to see a bather in distress , get him out of the water and get oxygen to his brain in two minutes . The water must be clear Mr. Greeley said that the State recommended a study of the pollution of the stream, that flows in and the amount of water within the spring itself and asked what the cost would be to study these? Mr McQuillan didn' t know the cost . He said that the State has offered to help. Mr. Powers said not to count on us for too many man-hours in the summer. The Chairman asked haw many man-hours would be nec- essary for a study such as this . Mr. Powers replied that he didn't really know, it might take three weeks of a man' s full time. There must be some measurement of the flow out of the pond . How- ever, he wondered if there was any information available as to whether it is or is not spring fed Dr Colburn of the Board of Health said that Mr Cortell had talked about a spring feeding the pond . I think he has no more information than anybody else. On my personal observation, I don't recall seeing any out- flow I think the position of the Board is reasonably clear, we have read the Cortell Report and were impressed by it; it seemed like an asset to the Town . In view of Mr. Power ' s evaluation, Mr Cortell is not ready to back up that there was a reasonable chance that it would work The Board would have to go in and shut down the opera- tion The Town should have the information that it would work The Chairman asked how we could move forward and at the same time conduct a study Dr Colbury said that the Recreation Committee spent $1,000 for report and this individual is not ready to back up the report The Chairman asked if this is not a free flowing pond, will a circulator have the effect of a free flow- ing water? Dr Colburn said Mr. Cortell said to use filtration, he would not guarantee because of organic algae. Dr. Colburn said that Mr Cortell is here and asked why he could not speak for himself. The Chairman said that the meeting was with the Board of Health and Recreation and he would like to first explore their opinions . 4132_ G". Mr. Greeley said that the State questions whether the water coming in was of good quality, whether it was from the springs . He asked Mr. Powers what he suggests if the circulating process works . Mr. Powers said that in going over the complete file, where do you propose the beach on the pond, will you supplement the water? I need answers to the questions you raise if the circulator is in and the water continued to flow in front of the beach. Obviously, you could swim in it . Enough facts must be presented, this is basically the item. There is algae in the pond and there are de- posits in the pond There is a slight accumulation and it does add to what you think is color on the bottom We must project with some algae treatment What would the color be like in the bathing area? What about the life- guard? Where is the water coming from that will increase the flow by the beach? Let ' s go get the facts The Chairman asked if we are going to have a swimming hole, would we have the bottom cleaned, is it desirable that this be cleaned out to have as a bathing area? Mr. Powers said that sand could be placed in there. Th The Chairman asked if it would solve problems by emptying the reservoir to find out whether it is spring fed . Mr. Powers replied that to empty it would change the hydrostatic conditions; they should measure under operating conditions . The Chairman asked what procedure would you use to develop this area? If we could find some way we can move ahead and conduct a study and at any given point stop the study. If it is bad , I am sure that nobody would want to go ahead, unless we can do it in a positive sense. Mr. Bond said what could anyone say but reiterate We have talked it over, Mr. Cortell had his opinion, the Board of Health has theirs . We feel they should be explored The Chairman said that we are here to find out which direction we should go. We should move rather slowly as there are unanswered questions Mr Cortell was asked to comment Mr Cortell said that he was here at the request of the Recreation Committee. First, I think I should be clear that our firm found out many of the facts raised We were retained by the town to make a study which lasted two years . We agreed to do it for the cost of the study alone, my firm has nothing personal to gain if Lexington decides to go ahead . We made tests to see if the water- shed was poluted and if the water was of a quality to support bathing. We studied the water during the period of 1966 and 1967 and at no time after we made the sperms did we find bacterial count. We found a water discharge from a surrounding hill and the water met the standards . 49,E We felt it was our job, as Consultant, to say whether the water was polluted or not . I could go into a body of water today and find it polluted, tomorrow it might not be. We probably went beyond the scope of study because of my enthusiastic public spirit I was asked if I would guarantee a bond and I feel that was a ridiculous request We never thought of this area as a flow through area. There isn' t enough water in the "res" to have 500 gallons per day per bather We suggest that we could augment that flow to the maximum level at the rear. We don' t be- lieve that some day it would go over 400 bathers and asked that it be limited to 300. We are not in any way recommending any facility that is going to be a beautiful state park We thought we should go slowly and develop a bathing area; it made sense to use a body of water that just sat there We know that the water is good today, the watershed is not polluted . We think it is biologically feasible. The Chairman said that the Town did vote $1,000 for your services and the Town is grateful. The point is, where there are misunderstandings or not, the Board would like to find a way to have a complete study with a build- up of this as a swimming area I am trying to find some common ground that this is the sensible and safe way to proceed. Mr. Cortell said that we don' t have to make any studies to find out if it is a flow-through bathing area. Mr. Greeley asked about color. Mr. Cortell said that the color isn't bad . The algae can be controlled with copper sulphate. Color can be han- dled without any difficulty I don' t think studies on the watershed would prove anything. My firm would be glad to participate in any sampling survey. The Chairman said that Mr. Powers was not entirely familiar with the wording at Town Meeting, the Town shall proceed to develop . . . Would that wording allow you to prepare detailed planning? The answer given is to include the size of the circulator, how to control the algae, what the beach would look like, where the lifeguards would be. Mr. Heustis said that Mr. Powers has had a chance to study this proposal and, on the basis of the State coming up in two years with a code on outdoor bathing areas, if the Town followed through, would it be approved by State law? Mr. Powers said that a hearing will be held . One way to expedite it is to come up with a concrete report. Mr. Greeley said that we could conform to Town Meet- ing vote with instructions to the people preparing it, to design it so that it will conform to the code. The Chairman said that this is going to be done. We would probably pass it to the Recreation Committee and the Board of Health should be involved on a continuing basis . 49 4 Mr. McQuillan Mid that* the Board of Health is, against it. IfA3b esState authorities got together and worked something out . . . There should be the same opin- ions of both the State and private investigates . We couldn't say that the State is wrong. The Chairman said that we are authorized by Town Meeting vote. The Board of Health and the Recreation Committee could proceed in obtaining these plans . He asked if Mr. Cortell would be available. Mr. Cortell said that he would make the records available Mr. Kenney said that the Recreation Committee would pick up the ball on professional services . The Chairman said, we say you go out and do the work. They will recommend the professional. Mr. Greeley said, to state specifically what he is going to do. Mr. Hayes asked why Public Works couldn't do some- thing with this . Mr. Cataldo said that we are not equipped to answer questions . We are concerned with it biologically. Mr Greeley said that we want something between Mr. Gortell and the State. Mr. Hayes said that now you are going to give it back to us . What about finances, this is not for the Recreation Committee . Mr Cataldo said that finances and buildings are the least part of this . We must have the water in condition for people to swim. There is nothing in our org&.niza- tion to give us the answer. Mr. Hayes said, now you are going to spend $25,000. The Chairman said,that plans wouldn't cost that Mr. Hayes said, can we swim there or can' t we? Mr. Greeley said that Mr. Powers said that he can't approve and doesn 't think the new code would permit it. We want a design that will convince him that it will come up to these standards . The Chairman said that Mr. Cortell is saying that, by and large, you will have good clean swimming water. Mr Kenney said that he hasn' t prepared detailed plans . Mr Cortell said that we weren't hired to make plans . I really think that our people could meet with the Divi- sion of Sanitary Engineering and present what we have de- veloped . Mr. Powers and I could have a meeting. It will be difficult to find a design of circulating Facilities . Let Mr. Powers look at specifics, we have the beach grade, the type of flow we require and let him send a letter. Mr. Cataldo said that he would like to have the Executive Assistant work with them. Mr. McQuillan said that he didn' t realize that Mr. Cortell is the only firm to put in a circulator 44145 The Chairman said that was not so, there was no con- nection. He is making himself available. We will include Mr. Bertini, Mr. McSweeney, Mr Huestis, Mr. Gray and Mr. Cole. Mr Gray will set it up. Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters, which, if made public, Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person. After discussion of matters which affected the fin- ances of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:00 P.M A true record , Attest : Executive Clerk, Selectm n The next regular meeting of the Board will be held in the Selectmen' s Room, Town Office Building, on Monday evening July 15, 1968 at 7:30 P.M. (L°1� If 'Yrt 1 4 qt r-- SELECTMEN'S MEETING July 15, 1968 A regular meeting of the Board of Selectmen was held on Monday, July 15, 1968 at 7:30 P.M. Acting Chairman Cataldo, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Super- intendent of Public Works, Mr. McSweeney, Town Engineer, and Mrs. McCurdy Executive Clerk, were also present. At 7:30 P.M. , hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone Company, to locate three poles , hip guy9and anchor on each, on Spring Street. Notices of the hearing were mailed to the petition- ers, owners of property as listed on the petitioners ' plans, and also referred to the Town Engineer Mr. Jones , representing the Boston Edison Company, said that this petition is to cover the installation of three poles and guys on Spring Street southwest of Shade Street at Kennecott Copper Company. At the present time, we have three push braces and two 13,000 volt circuits Spring which take care of Kennecott Copper, Burroughs Corpora- Street tion, and others ; also take care of the phones on Route Pole 2. In odder to eliminate the three push braces, we have Location two lines of cable and there have to be guys across the street. This is a condition brought about when Raytheon started construction at Office Park. We must eliminate the push braces on Raytheon property and it is impossible to hold the poles on the corner. The poles will look as though they are on private property, but there is a stone wall 7 feet out on the public way and one of the guys will fall behind the stone wall. Mr. John Christoforo, Attorney representing Kenne- cott Copper, Dr. Fletcher of Ledgemont Laboratory, and Mr. Tetzloff, Raytheon Company, were present in opposition. Mr. Christoforo said that he would like to submit a plan which had more detail that the Edison plan. We would like to maintain the esthetic value of the property in the general area. Our main objective is to get the service underground . The two abandoned poles were never removed . I suggest that the Board not act on this peti- tion now, but we can get together and solve the problem by doing the job properly We don't feel that the ans- wer is to allow the poles as a temporary solution. This has grown in magnitude Dr . Fletcher has talked with the Power Company in an attempt to arrange underground services I can' t speak for Burroughs, but I believe X97 they are also interested in getting the service underground . All could cooperate and it could be done. I think that this is the answer, rather than putting up three more poles . Mr Kenney asked Mr Jones about underground service. Mr. Jones said that as far as being underground, noth- ing has been said . The line down Hayden Avenue, the front- age road, is a State road and locations are granted by the State. The other line is a temporary line to get Burroughs Corporation going It would be the Telephone Company' s job to remove it but , because of the strife, he couldn' t answer for them Mrs . Riffin said that we feel that it is detrimental to put in poles and we support Kennecott Copper. This is the approach from Route 2 to the National Park and we would like to have it as attractive as possible Mr Jones said that he will explain this to the Edi- son Company. Mr Greeley said that this is something that can be tabled This is an excellent example of what we are con- fronted with when we try to get underground service The utilities companies tell us that wires are expensive, they should work out a solution where they have an obliga- tion without lining both sides of the street with ugly telephone poles . The Chairman declared the hearing closed . Upon motion duly made and seconded, it was voted to table the petition of the Boston Edison and Telephone Company to locate three poles, hip guy and anchor on each, on Spring Street southwest of Shade Street Mr Jones presented a petition to the Board to retain the location of one pole on Marrett Road, southwesterly side, approximately 366 feet southeast of Waltham Street. Mr Jones explained that after the relocation of this pole was granted by the Board , the abutter didn't want it. Pole This petition is to keep the old location. Location Upon motion duly made and seconded, it was voted that the pole remain in its original location, as shown on a plan submitted by the Boston Edison Company. Upon motion duly made and seconded, it was voted to sign the agreement between the Town and the Boston Edi- Undergrounc son Company for the location of telephonespoles and under- ground service connections , consisting of standpipe, V bend and cables therein, off Shirley Street Chief Corr met with the Board to request the appoint- ment of a patrolman from the Lynn list. He recommended that John E. Day, 235 Boston Avenue, Lynn, be appointed, Patrol- effective August 5, 1968. Chief Corr said that Mr Day man had approached them for the position and , as a result 4 98 0 of this, we investigated him and found him to be well qualified . This appointment would bring our department up to 45 men . Upon motion duly made and seconded , it was voted to appoint John E. Day as a Patrolman in the Lexington Police Department, effective August 5, 1968. Mr Yewell met with the Board He requested the Board to sign the notes and the delivery authorization to borrow $1,000,000 in anticipation of taxes Upon motion duly made and seconded, it was voted to sign the notes and the delivery authorization to bor- row $1,000,000 in anticipation of takes from the follow- Treasurer ing: Lexington Trust Co. $500,000 3 28 discounted New England Merchants National $250,000 3.29 discounted First National Bank of Boston $250,000 3.29 discounted Mr. and Mrs Tryon met with the Board . The Chairman read the letter sent to the Board by Mrs . Tryon, Arthur Brock and Harry Mimno, Which requested that parking be prohibited in Bowman Park and they would like to discuss the need for additional cruisers and the possibility of a Committee to obtain and disburse infor- mation on effective measures that the home owner may take to prevent housebreak. The Chairman said that before the Board could con- sider the parking problem, it would have to be referred to the Traffic Committee. Bowman Mrs. Tryon said that parking is a matter under the Park control of the Selectmen The Chairman said that we have a Traffic Commission Advisory Board . Mr. Storer said that people park cars there all day and drive into Boston with friends . Young people drive in to wash and polish their cars . It is used as a depot to repair cars and they are left there The Chairman said that the Traffic Committee will look at the situation. We must have something we can enforce. Mr. Brock said that he had talked with Lieutenant Lima after the Carpenter housebreak and he had said that it was a bad place to park. The man who had broken into the Carpenter house had parked his car there. My sug- gestion would be that a telephone pole or a boulder put there would prevent them from getting into the park. The Chairman said that the request for additional cruisers should be discussed frith the Chief. 41 qq Mrs . Tryon said that the day Mrs. Carpenter was at- tacked she called the Police Station and was told that even though, at that time, they had three cruisers , there was bbly one on duty At her meeting with the-Chief, he reported that now they have four cruisers to cover six precincts. The Chairman said that basically it wasn't the cruisers, it.,c�at3., sitdation of not enough men; we are working to- ward this end . Mr. Tryon said that we should discuss the overall priority, the matter of housebreaking is number one. What are our priorities? The Chairman said that it was not a question of pri- ority, it was a question of finding the men. Mr. Tryon maid, in our discussion with Chief Corr, he emphasized the problem of getting money at Town Meet- ing The Chairman said that we have to hire men from out of town. It ' s not entirely a question of money, it ' s finding qualified people for the Police Department. We have lost some men because of resignations and retirement and we are not up to full strength yet . Mr. Kenney said that a few years ago, the principal reason for a small force was that we couldn't hire from out of town. Mr. Tryon said that Chief Corr hoped to build up to 60 men. Mr. Kenney said that we have three positions and he will fill them before next March. The Chairman said that this is one department that we are concentrating on. Mr. Tryon said that he was not criticizing. Mr. Kenney said that at budget time next January the Appropriation Committee should be made aware of the citizens ' interest. We get these requests but it is bet- ter if you ask them. Mr. Pollen siisd tbht it is the policy of the Town to provide traffic services by the Police, is this a courtesy? The Chairman replied that it is special detail. Mr. Pollen said he had heard that they are not avail- able in cruisers , but they are in parking lots Mr. Greeley said that this is another matter of pri- ority, the assignments of officers is something else that can be explored Mr. Pollen said that eventually we will have the pol- ice force up to staff, but the problem is not going to disappear while waiting for this to happen Mr. Kenney said that if we had 60 policemen, we would still have house breaks 500 int The Chairman said that these are areas that we would go over with Chief Corr, how he is going to handle it. We will go into the complete story. Mr. Tryon said that we feel there is a definite pro- blem, the people are concerned about how to get informa- tion. The Chairman said that the Chief has made an attempt to have articles in the paper on what precautions to take. When discussing the whole matter, there could be articles in the paper with all of this information. There could be a brochure on protection mailed to each home. Mrs . Tryon said that this might be a manner in which we could help the Police Department They offered us very good advice after the events occurred, such as keep- ing the windows closed , etc The Chairman asked if she had discussed this phase with the Chief Mrs . Tryon said that he didn' t say where one could seek advice about systems that can be attached to the tepephone which dials the Police Department and has a recorded message that the house has been broken into. The Chairman thanked them for their interest and informed them that these items will be taken up with the Traffic Commission and the Police Chief Mr. Legro requested the Board to sign a release of easements in the Minute Man National Park, authorized by vote of Town Meeting on January 28, 1963. Easement Upon motion duly made and seconded, it was voted to sign the release of easements in the Minute Man National Park, as authorized by vote of Town Meeting on January 28, 1963. Upon motion duly made and seconded, it was voted to Sewer award the contract for the No. 2 Interceptor Sewer to Contract R.J. Salvucci, L. Valley View Road , Waltham, in the amount of $136,520. Mr. Legro informed the Board that he had a contract for R.J. Salvucci, but there was an ommission of an in- demnity clause. He asked the Board if they wanted to sign the contract, subject to clarification of this point. Upon motion duly made and seconded, it was voted to sign the contract with R.J. Salvucci, la. Valley View Road, Waltham, for the No. 2 Interceptor Sewer, subject to Mr. Legro' s approval. 601 Mr. Albert Busa, representing the Board of Directors of the Knights of Columbus , met with the Board . Mr. Busa said that they are renovating the present building and would like permission to run the sewer out the back and tie into the main trunk line. Mr. McSweeney said that this land was adjacent to the Liberty Mutual property. He has been trying to get Liberty Mutual and the K of C together and make it a joint venture. Liberty Mutual would like to come out a- long Bedford Street to Vaille Avenue Their proposal would cost approximately $16,000 by going out the rear. The Engineers have estimated to come out at Liberty Mutual and down Bedford Street to Vaille Avenue is approximately $9,500; a lot cheaper for them. He believed that Liberty Mutual and the Knights of Columbus could come to an agreement . The Chairman asked what would happen where we hook on to the sewer for the houses facing Bedford Street? Mr. McSweeney said that the houses would have to be severed from the rear, as proposed originally by Liberty Mutual. The Chairman asked if Liberty Mutual would ray? Mr. McSweeney said that it would be approximately $9,500 to service their immediate use of the sewer The Chairman said that he would hate to see three 11 different sewers K of C Mr. McSweeney said that they have a problem with Sewer $9,500 vs . $16,000 and the Knights of Columbus have re- solved their problem by coming out the rear I would like to see them come up with a soluttthn. When we dis- cussed this connection ( the lot at Bedford and Reed , if they go around the cost is $8,500 ) give the K of C a charge of $1,500 to go into this To rearrange the plumbing was far greater than it was for them to partici- pate with Liberty Mutual and go out the rear. We should review the situation The Chairman said that this fall they will clean up the back, they plan on using the gravel off the bank to downgrade. Mr Busa said that if we stay within 15 feet of the construction line, I don 't know if there would be any coverage - it would have to be a 45° slope. The Chairman said that this is what we don' t know Mr Busa said that the K of C was in favor of and would have no objection to going around a 15 foot peri- meter In doing this , we would get a reimbursement Mr. Walsh came up with this, to take out a plumbing per- mit and go out the back. The Chairman asked what it will cost the K. of C I aQ ' CZ Mr Buss said, $1,500 for our arranging the plumb- ing. It was between $L. or $5 a foot. The question of money was never brought up. The Chairman asked why they didn' t want to go around the perimeter? Mr. Busa said that they didn' t have any objection. The Chairman said that the Board is against three seperate sewers , and against giving an easement at this time. We strongly recommend one sewer service for this area. The recommendation was for the Knights of Colum- bus , Liberty Mutual and Mr. McSweeney, Town Engineer, to get together and resolve the situation and meet with the Board in two weeks Mr. and Mrs Conley and Frank Allia met with the Board to discuss an easement on their property on Revere Street Mr. McSweeney submitted a plan to the Board and ex- plained the facts . After discussion, Mr. find Mrs . Conley agreed to ac- cept the plan of easement as revised by the Town Engineer. Mr. Legro said that the Town will make a taking. We take the easement or a conformatory deed and release of damages . If this is voted , we make a taking against each piece of property throughtwhich this sewer runs . With a taking, we will be in the same position whether it is voluntary or by eminent domain. The language is the same on a conformatory deed or an order of taking Revere & Vine Upon motion duly made and seconded, it was voted to Brook authorize Mr. Legro to prepare the instruments for the Sewer Revere Street trunk sewer and the Vine Brook trunk. sewer. The Conservation Commission met with the Board . Mr. Sussman said that the Commission has been meet- ing to put together a bid package on the Great Meadows to go to the contract bidders . They are meeting with Arlington Great Meadows Committee on Wednesday, July 211th. They have been interviewing Consultants for the hydro- logical study. Great Mr. Sussman said that HUD, Housing and Urban Develop- Meadows ment, requires that a red , white, and blue sign must be erected on every piece of property purchased by the Com- mission, stating the date purchased, price, and what participating funds are involved . The land has to be designated . Mr Sussman said that the question is whether the sign would be made up by a contractor or done by the Public Works Department. The Chate:man said that the Public Works Department has designed all our other signs . 503 Mr. Sussman said that he didn' t want one so small that it would be hidden . It would have to be designed and shipped to HUD for approval. He would like to be informed when the sign is ready Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of Executive any person. Session Following discussion concerning land acquisition and the finances of the Town, it was voted to resume the open meeting The Chairman read a letter from the Commission of Lexington Youth Baseball, requesting permission for a portable food and drink unit to be open to the public at the annual baseball tournament at Center Playground on the weekeeds of August 3 and 10, 1968. Permit Upon motion duly made and seconded, it was voted to grant permissim to the Lexington Youth Baseball group for a portable food and drink unit to be open to the public at the annual baseball tournament at Center Playground on the weekends of August 3 and 10, 1968. Mr. Gray read a letter from Mr. Perry which states that a new state law makes it compulsory that a Board Committee or Commission designate one of its members to make oath to each payroll for employees under its jurisdiction. Employees Upon motion duly made and seconded, it was voted Payroll that the Chairman of the Board , Mr Cole, or Mr. Cataldo, be designated to sign payrolls for the Selectmen' s Office, Law Department, Dog Officer, Director of Guides, and Veterans Service Department. Mr. Burke read bids on two 1/2 ton pick-up trucks . The International Harvester Company bid $4,008.37, in- cluding trade allowance on three old vehicles . Auto- s motive Service Company, 22 Sunnyside Avenue, Arlington, bid $4,4.00 00 for two G.M.C. pick-up trucks, including trade allowance on three old vehicles . Pick-up Mr. Burke recommended the G.M C. for $4.,14.00.00, as Trucks he felt that over the life of the machine, we could more than save the additional figure of $200.00 per vehicle Discussion followed and Mr Kenney suggested that the decision be delayed until the next meeting. It was agreed to hold the bids until July 29th . St)4 Mr. Burke read the bids for a skybucket . Upon motion duly made and seconded, it was voted to award the contract for one 22,000 #G.V.W. truck chassis and cab to be used as a carrier unit for an Sky- aerial lift mechanism for tree maintenance, to Auto- bucket motive Service Company, Inc , 22 Sunnyside Avenue, Arlington, in the amount of $3,824.29. Mr Burke read the bid for one sidewalk tractor with snowplow assembly complete with operator' s cab. Only one bid was received from Timberland Machines, Inc. , 15 Katrind Road , Chelmsford, in the amount of $6,140.00, less trade-in allowance of $200.00 for a 1956 Oliver Unit, Model OC-6, and an optional blade, "V" type, at $495.00. Mr. Burke said that it would be in the best interest of the Town to purchase the unit without the Sidewalk trade-in. Tractor Upon motion duly made and seconded, it was voted to purchase one sidewalk tractor with snowplow assembly, complete with operator' s cab, from the Timberland Machines, Inc. , 15 Katrind Street, Chelmsford, in the amount of $6,140 00 and $495.00 for an optional blade t"V" type. Mr. Gray said that Mr. McSweeney had authorization for a grade 3, Junior Construction Inspector, and he - IIwould like to recommend Cecil C. Jones for this position as an S-17-D, at an annual salary of $8,437 00. Mr. Jones ' present classification is S-14-F, at an annual salary of $8,040.00 Upon motion duly made and seconded, it was voted to appoint Mr. Cecil C. Jones as a Grade 3, Junior Con- struction Inspector, S-17-D, at an annual salary of $8,437.00, effective immediately. Mr Gray informed the Board that he had talked with Mr Levine of the State Department of Public Works re- garding the landscaping of the enterance and exit ramps on Route 2 at Peacock Farms . Mr. Levine said that he would be happy to meet with us but felt that we should wait until the grading is completed on the interchange. Route 2 It may be a year before it is landscaped, but Mr Levine suggested that, when the grading is completed in the fall, a meeting would be arranged to discuss the land- scaping design. Mr. Gray said that two vacancies exist on the His- toric District Commission and, following the by-law, the Historic Cary Memorial Library Trustees, Arts and Crafts Society, District Historic District Commission, and the Selectmen submit Comm. names of candidates for the position. It was agreed to write to the necessary groups in- volved and request names of candidates . 505 Mr. Gray said that he had talked with the Harvard Trust Company about the lot which could be used for a Town parking lot . If it is leased to the Town, the Town could keep it clean; the Board of Health and other peo- ple are unhappy about the litter Mr. Legro asked if the Town would do anything to im- prove the surface of the lot. Harvard The Chairman said that Public Works could put in Trust some aggregate, stripe it with lime, put in one-hour park- ing, and come back and decide what we are going to do with it. Mr. Gray said that he would inform the Harvard Trust Company and see if they can work out something. He will also talk with Mr. Burke. The Chairman informed the Board that a meeting was held by the four members of the Town Office Building Committee. When the Committee was first formed, it tn- eluded John Carroll The Committee recommends that Mr. Town McSweeney be appointed . Office Upon motion duly made and seconded, it was voted to Building appoint Mr. McSweeney a member of the Town Office Build- Committee ing Committee II - The Chairman said that Otis Brown has attended the meeting as a TMMA member, although he did not have a vote. We have valued his opinions and the Committee would like to recommend that Mr. Brown be added to the Committee. Mr. Perry, Comptroller, is a member of the Data Process- ing Committee, and with his knowledge, the Committee ree commends that Mr. Perry be added to the Committee. Upon motion duly made and seconded, it was voted to appoint Otis Brown, Jr. and Richard M. Perry as members of the Town Office Building Committee Upon motion duly made and seconded, it was voted to sign the Chapter 90 Maintenance agreement allotting Chapter $1,500.00 to the Town of Lexington for the resurfacing 90 of 2,200 feet of Bedford Street . It was agreed to hold the bids for tax title lot Tax title 24 Valleyfiitied Street until July 29th. bids Upon motion duly made and seconded , it was voted to approve the location of a two-inch high pressure welded Gas Main steel gas main in Grapevine Avenue. Upon motion duly made and seconded , it was voted to approve water abatemehts for the following: Edwin R. Banks , $7.00; Captain Parker Arms , $56.98; Stanwood Ayer, Abatements $31.11; George Davidson, $1 05; David Robinson, $5.0L . e E Upon motion duly made and seconded, it was voted Minutes to approve the Minutes of the Selectmen ' s Meeting held on July 1, 1968 The Chairman read a letter of resignation from Mrs Irene Dillman from the Women' s Auxiliary Police Force, effective July 5, 1968 Police- Upon motion duly made and seconded, it was voted woman to accept the resignation of Mrs. Irene Dillman from the Women' s Auxiliary Pblice Force, effective July 5, 1968 Mr. Kenney asked about a Dog Officer. The Chairman said that we have people interested but if you want to advertise it . . Mr. Gray said that it would have to be published for three weeks . The Chairman said that the ground rules ought to be Dog discussed. Officer Mr. Gray informed the Board that he will check witht, towns that have Dog Officers and report back to the Board * Mr McSweeney informed the Board that the State De- partment of Public Works hoped to have the plans on Lowell Street , Chapter 90, done by the first of the year and go out for construction in the Spring. Mr. Greeley asked if they are going to remove all the poles? Lowell Mr McSweeney said that leverage could be there Street The State would only remove and relocate them but if they were to be moved, it would be as a non-participat- ing item Mr Legro said that it calls for Chapter 90 It is a bit of a stretch to take a non-participating item and consider it Chapter 90. The Chairman said that we couldn' t spend public funds Mr Gray said that construction won ' t be until next year The Chairman said that he would like to see the Sal- ary Revue Committee revived for the year Salary Mr Gray said that Mr Noyes and Mr Williams are Revue on the Committee and there should be one more appointed Committee by the Board of Selectmen Mr Noyes called me and he is anxious to get going The Chairman said that there should be a recommenda- tion to fill the vacancy submitted at the meeting on July 29th * Mr. Kenney suggested that Mr. Gray get intonation on the whole program. SO7 The Planning Board met with the Board regarding the pedestrian easement on Nickerson Road . Mr McSweeney said that we have discussed this ease- ment and Mr Zaleski has reviewed this in the field I don' t agree with the Planning Board and Mr Mazerall about the acceptance of an easement as it will reduce a lot on Estabrook Road to a minimum stze When it comes to a mini- mum size lot next to a house, I question whether we could put a fence along and over a piece of property and down the middle of the driveway I think it is detrimental to the house The Chairman said that he didn 't think, basically, it is the damage, the question , do we have the right to do it? Mrs Riffin said that Mr Outbet needed it for drain- age and for the sewer and the easement would be included in the sale The Chairman asked if Mr Cultist was aware that you wanted to put in a fence? Mrs Riffin said that they realized that it would be a hardship The planning Board would like to see a pedestrian easement Mr Worrell asked if the Town is going to bail him out? Tlje Chairman said , to set the record straight, no one has contact with the Board of Selectmen about this easement This issue has come up again because Mr Nicker- McSweeney read the letter of the Planning Board and it son was his impression that he agreed with the Proposal. He Road wants the record to clearly show that he is opposed to this layout and wants the Board to know the reason why Mr Gray said that this came about when we took a look at this When I saw it ended at the driveway, I didn' t think children should go without protection Now we are talking $2,000 which we do not have We have 240 feet on Jenkin' s property, 440 feet of fence Mr Legro asked, aren' t you talking about a laying out public foot path We should talk about Town Meeting vote, laid out by the Selectmen and accepted or rejected by Town Meeting Mr Gray asked if a child is tresspassing if he goes across the easement? Mr Legro said that he is travelling across a pri- vate way Mr Kenney said , if he strays off 5 feet Mrs Riffin said it was 12 feet wide Jenkins narrows to 10 feet Mr McSweeney asked if, as an easement, could a fence be put on it? Mr Legro said that people who walk on it are not trespassing but have no rights on a private way sot w Mr Fowle said that they talked about surcharging the easement Mr Legro said that you have a right to fence all highways and byways and I doubt that under the terms of easements whether the language would authorize the erection of fences Mr Zaleski asked whether that would apply to the Town, to that portion owned, and can the developer pave portions within the subdivision Mr. Legro answered that he couldn' t think of any reason why he can' t Mr Gray said that he wants the Town to pay for it Mr. McSweeney that there would have to be accept- ance of this by Town Meeting Mr Greeley asked if the foot path and fencing are on the approved plan Isn ' t he obligated to put in that part in the subdivision? The Chairman said that they request that the Town do it. Mr McSweeney does not agree and he is opposed to it , to paving withib the adjoining lot, looking at this, did we even have the right? Mr Legro said that he still has the fee or has it now Whoever is the owner of the house has a right to use that in any way I think we might clear up the sit- uation in which damages might be found if we did any- thing beyond providing a foot path Mr. Gray said that, in the meantime, children can be told that they have the right to walk down that man' s driveway Mr Legro said that we had a similar situation at Peacock Farms and, maybe, at the Junior High School I am not sure that this in one of the better situations Mr Fowle asked about surcharging Mr Legro said that he would rather not say about the Town. If the Town lays it out as a public foot path, we have the right to pave it and fence it Mr McSweeney said that you couldn 't put a car in there after the fence went up If its ' within the ease- ment and he drives over it, what right Mr Legro said, the same right as on any private way. Mrs Riffin said that the Planning Board would ap- preciate an opinion from Town Counsel Mr Fowle said that if we have to go to Town Meet- ing for a foot path, that is what we ought to do. The Chairman said that we should leave it to Mr Gray, Mr. McSweeney, and Mr. Zaleski. so4 Mr. McSweeney presented a plan for the Minute Man Industrial Park, reviewed by the Town Engineer at the re- quest of the Board of Selectmen. This plan was filed by Cabot, Cabot and Forbes in compliance with the Hatch Act statutes . The Planning Board and Conservation have approved the plan Upon motion duly made and seconded , it was voted to approve the plan as submitted by the Town Engineer for the Minute Man Industrial Park development The Planning Board retired . Upon motion duly made and seconded, it was voted to adjourn at 10:30 P M A true record, Attest : Executive Clerk, Select n The next regular meeting of the Board of Selectmen will be held in the Selectmen ' s Room, Town Office Building, on Monday evening, July 29, 1968 at 7:30 P M. cL l _ 510 SELECTMEN'S MEETING July 29, 1968 A regular meeting of the Board of Selectmen was held on Monday, July 29, 1968 at 7:30 P.M. Chairman Cole, Messrs . Cataldo, Mabee, Kenney and Greeley were present . Mr Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Leon Burke, Director of Guides, introduced two candidates as Guides to the Board, Scott Collard and David Whitney. Guide The Chairman congratulated the Guides for having License successfully passed their examinations and informed them that the visitors to Lexington will judge the Town by the impression made upon them by the Guide. Upon motion duly made and seconded, it was voted to sign the license as Guide of Lexington for Scott Collard, 92 Hill Street, and David D. Whitney, 7 Frances Road . At the request of the Town Clerk, two jurors were Jurors drawn. They are as follows: Michael J. Furey, L. Bowker Street and Forrest E. Hodgdon, 9 Leroy Rodd . Mr. Gray requested the Board to sign the garbage con- tract which the Board voted to award to Stanley Roketenety, Inc. on April 2, 1968. Garbage Upon motion duly made and seconded, it was voted to Contract sign the contract for garbage collection which was award- ed to Stanley Roketenetz, 159 New Boston Street, Woburn, Massachusetts. Mr. Gray read a letter from the Town Engineer re- garding authorization from the Board for filing an appli- cation for a Federal Grant for the construction of the Hamilton Road sewer to the Metropolitan District Commission sewer. The Board must also designate an authorized repre- sentative of the Town to file the petition. Hamilton Upon motion duly made and seconded , it was voted to Road authorize the filing of an application for a Federal Grant Sewer for the construction of the Hamilton Road sewer to the Metropolitan District Commission sewer project. Upon motion duly made and seconded , it was voted to designate Mr. Joseph F. Burke, Superintendent of Public Works, as the authorized representative BP the Town of Lexington to file the petition for a Federal Grant for the construction of the Hamilton Road sewer to the Metropoli- tan District Commission sewer. 51r Mr. Gray said that the Board had recently met with people from the Bowman Park area and the Traffic Commit- tee had discussed their request concerning parking in Bowman Park. The Committee felt that, although it was not strictly a traffice problem, parking should be pro- hibited in Bowman Park. It will be necessary to amend the parking regulation to include this prohibition, as the present regulation does not cover this type of sit- uation. Therefore, it is the recommendation of the Traffic Committee to amend Section 7. Mr. Greeley was concerned about other areas , such as Willard ' s Woods . He said that the parking lot was too far in and people should have the right to park on the informal grass areas . Mr. Cataldo said that this was not park land, it is a recreation area. The regulation would only apply to areas known as park land . Bowman Mr. McSweeney said that the answer must come room Park the Board . The Prohibition has to be posted as per order of the Board of Selectmen. A "No Trespassing" sign could not be erected as it is a public park. Mr. Greeley said that the wording should be made clear to the average citizen. The Board agreed with his suggested wording of the Order. Upon motion duly made and seconded, it was voted to amend and adopt Section 7 of the Park Regulations, to read as follows : (It is forbidden) 7. To operate or park a motor vehicle on Park grounds, other than in the official use of the Town, or without approval of the Board of Selectmen, except in ardas especially designated by s&id Board as available for parking. Mr. Gray read a request from the American Legion, Stanley Hill Post No. 38, requesting permission to hold the lath Annual Lexington Country Fair on August 30 through September 2, 1968 at Parker Field . Upon motion duly made and seconded, it was voted to grant permission to the American Legion, Stanley Hill Post No. 38, to hold the 4th annual Lexington Country Fair on Country August 30 through September 2, 1968 with the restriction Fair that the set up of the equipment will cease at 9:00 P.M. and the dismantling will take place during the daylight hours on Tuesday, September 3, 1968. This permission is granted subject to the provisions set forth by the Chief of Police• ' 5:/ c4.; Mr. Gray requested the Board to sign a lease cover- ing the parking area in the rear of 1733-1753 Massachusetts Avenue Lexington. The lease is for one year from July 27, 1968, to be automatically extended for successive one year periods , not to exceed a total term of five years, provided however, that either party may terminate this lease at the expiration of the lease year then current by notice in writing to the other party not less than 1733- thirty days prior to the expiration of the then current 1753 year. The annual rent of $1.00 is to be paid at the ex- Mass. piration of each lease year to Minot, DeBlois and Maddi- Ave. son, Inc. , 291+ Washington Street, Boston. Upon motion duly made and seconded, it was voted to sign the lease submitted by Minot, Deblois and Maddison, Inc. , covering the parking area in the rear of 1733-1753 Massachusetts Avenue, Lexington, in the amount of $1.00 per year, at the expiration of each lease year. Mr. Burke submitted the bids received by the Depart- ment of Public Works for one hydraulically operated aerial lift mechanism for tree trimming and maintenance. Bids were received from the following firms: Asplundh Clipper Company, Chalfont, Pennsylvania 1-Asplundh Model L-45, $11,895.05 Aerial Consolidated Utility Equipment Service, Inc. Lift South Merrimack, New Hampshire. Mechanism 1-Skyworker Model 1044A, $11,979.00 Morse Body Manufacturing Co. , Inc. Howard and Pleasant Streets Watertown, Massachusetts 1-Baker Model M-45, $12,095.00 Pitman Manufacturing Company We.tbdro, Massabhusetts 1-Pitman Model 50-MN-2(1) , $14,646.00 Mr.. Burke said that the lowest bidder did not fully meet the specifications of the Department. The second lowest bidder does fully meet the specifications and this unit is more adaptable to our particular operation, es- pecially from the viewpoint of boom usage for low height work. Mr. Burke recommended that the contract be award- ed to Consolidated Utility Equipment Service, Inc. in the amount of $11,979.00. Upon motion duly made and seconded, it was voted tb award the contract to the second lowest bidder, Consolik dated Utility Equipment Service, Inc. , South Merrimack, New Hampshire, for one Skyworker Model 1044A, in the amount of $11,979.00, as recommended by the Superinten- dent of Public Works. 5 P3 Mr. Gray said that the Traffic Committee would like to recommend that sidewalks be installed on the following streets during this coming year: 1. Madsachusetts Avenue - Worthen Road to Hadfings Road . Also, 14.5' at the intersection of Cedar Street and Massachusetts Avenue. 2. Coolidge Road from Adams Street, Hancock Street to Adams Street. 3. Eldred Street - Bedford Street to Ivan Street. 4.. Reed Street - Bedford Street to Augustus Road . 5. Simonds Road - Preston Road to Burlington Street. 6. Robinson Road - Turning Mill to the school. Mr. Gray said that we should be just about able to Sidewalks do these streets, we have under $4.0,000. Mr. Kenney asked hew many total running feet in the estimate of $4.0,000. Mr. Gray replied that there were about 6700' feet. The Chairman said that they have considered all angles. The list includes recommendations of the School Committee, Planning Board and Selectmen. Mr. Greeley asked about the time fdctor - should they decide tonight? Mr. Cataldo said that, basically, we have promised the Planning Board that we would talk with them. We should bold in abeyance until then. It was agreed to write the Planning Board that the Board expects to approve the list of sidewalks recommend- ed by the Traffic Committee. Mr. Logan Clarke met with the Board. Mr. Clarke said that on July 15, Mr. Cataldo, Mr. Gray, Mr. McSweeney, Mr. Burke, Dr. Fobert and he had made an examination of the terrain of the field house. They surveyed the problem as we could see it exists. We concluded that it would please us if the Town would bring in some gravel . . . School Mr. McSweeney said that he has drawn a plan. Parking Mr. Cataldo said that, basically, this plan pro- Lot poses to clean up the mess . The plan was discussed and the area in which the peat was taken out last year would be loamed and seeded and a 10' or 12' strip along Worthern Road would be loam- ed and seeded. The area t'-at Is pre �entiy rough graded will be graded. Mr. McSweeney said that it is hoped to finish it off with the assistance of School Committee funds . 5' y Mr. Greeley said, nothing on the gravel? Mr. Cataldo said it would be a brushed bank run. Mr. Clarke asked about it being tiled. Mr. Cataldo said that we don' t want to spend the money for oil, there will be no oil on that parking lot. If the Board agrees, we will supply the equipment and labor. Mr. Burke and Mr. McSweeney will tell the School Committee haw much any other material needed will cost. Mr. Mabee asked, how much fill? Mr. Gray said that they will move around what is there. Mr. Clarke said that there is some risk that this might be a few dollars - we will have to re-examine the expense budget. Mr. Burke said that they could put calcium chloride on it, it it is graveled. Mr. Greeley said that there may be 20,000 square feet; it will coat $1,000 for calcium chloride. Mr. Cataldo said that there was no money appropriated. Mr. Clarke said that it was his understanding that the Town was to finish off the parking area in exchange for taking out the peat last year. Mr. Cataldo said that rather than take the ledge to the dump, we felt that we would save the Town money by dumping it in the existing parking lot. We only went 10' deep, leaving the peat under it . The Chairman said that a motion would be made that the plan be approved, as submitted, and work will start forthwith. Upon motion duly made and seconded, it was voted to approve the plan of the parking lot at the Senior High School as submitted by the Town Engineer. Mr. Clarke retired. Mr. Gray said that he bad received a request from the Town Clerk for permission to lease four additional voting machines . The cost will be $1,000 to $1200. Miss . McDonough also recommends the insertion of an Article for four more machines as voter registrations have in- Voting creased and will increase even more from now until September. Machines The Chairman asked if a transfer of funds will be needed. He felt that we should depend on the recommenda- tion of the Town Clerk and the request should be approved. Mr. Cataldo asked if she bought the machines that were authorized? Mr. Gray said that they would be delivered in September. Mr. Cataldo asked why she couldn't lease eight machines? Mr. Gray replied that she would be willing to give an option for the four - lease them with the option to buy. The Chairman asked Mr. Gray to check the motion at Town Meeting on the voting machines, whether it said, to lease or purchase. 5idS Mr. Cataldo said that- the advantage is to lease them with the option to buy; it can be done at the same price. Mr. Gray said that the motion for Article 34 reads "purchase of voting machines ." The Chairman said that we can't lease. Mr. Kenney said that if the Clerk is anticipating such a high registration, we should have put in for eight machines. Mr. Gray said that there are over 15,000 registered voters now and they are still registering. They are averaging 2,200 to 2,300 voters in a precinct. The Chairman said that the best that we can do is request a transfer to lease. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer of a sufficient amount of money to lease focus more voting machines . The Chairman read the bids on Tax Title Lot 24, Valleyfield Street. They are as follows : Thomas B. Nangle, 192 Walden Street, Cambridge, $3,000.00, Antonio and Lucy I. DeVito, 47 Lexington Street, West Newton, $3,500.00, and S. Anthony DeVito, 2 Priscilla Lane, Waltham, $4,501.00. Mr. Gray said that the betterments would be, street, $734 50; sewer, $372.63; water, $261.00; no sidewalk Tax 11 betterment. Title Upon motion duly made and seconded , it was voted to sell and convey Tax Title Lot 24, Valleyfield Street, to the highest bidder, S. Anthony DeVito, 2 Priscilla Lane, Waltham, for the price`e' ffered in his bid of June19,1968 of $4,501.00, subject to betterments of street,$$734.50; sewer, $372.63; water, $261.00. The Chairman read a letter from Harold E. Stevens regarding the vote of the Board to accept, as a gift, Parcel A-2 from Boerner Lexington Corporation to be used Boerner for playground and recreational purposes . Mr. Stevens Corp. stated that be is forwarding the deed to Town Counsel. Upon motion duly made and seconded, it was voted to appoint Mr. Robert Earsy, 67 Harding Road , as a member of the Lexington Commission on Suburban, Responsibility. Mr. Earsy is a member of the Association for Moderate Income Housing. The Chairman read a letter from the Muscular Dystrophy Associations of America, Inc. , Boston Chapter, requesting permission to conduct a house to house march on Sunday, Muscular October 20, 1968 from 1:00 P.M. to 7:00 P.M. Dystrophy The Chairman suggested that a letter be written to Drive the Association informing them that the United Fund Drive is scheduled at that time and UN Day is October 24, 1968. / Upon motion duly made and seconded, it was voted to grant permission to the Muscular Dystrophy Associations of America, Inc. , to conduct a house to house march on Sunday, October 20, 1968 from 1:00 P.M. to 7:00 P.M. Upon motion duly made and seconded, it was voted to Minutes approve the Minutes of the Selectmen's Meeting held on July 15, 1968. Upon motion duly made and seconded, it was voted to Water approve water abatements for the following: Harold Allen, Abatements $26.66; Paul J. MacKenzie, $20.02; Percival Humphrey, Jr. , $30.32; Paul Martin, $1.40. The Chairman referred to the list of appointments of Election Officers , copies of which had been given to the Board . Upon motion duly made and seconded, it was voted to appoint the following Election officers, as approved by the Town Clerk. (Quote) F'J FCT ION OFFICERS 1968 - 1969 R Ilda J. Field R Marjorie E. Wirpio 30 Chase Avenue 22 Bartlett Avenue D Helen L. Perry R Alice G. Marshall 16 Ellison Road 9 ewdependence Avenue D Michael Lovezzola R Sally S. Hooper 242 Waltham Street 282 Bedford Street R Mary E. Clifford R Edna R. Anderson 54 Chase Avenue 21 Leonard Road D Mary C. Casey D Eileen J. Fradette 22 Valley Road 35 Grapevine Avenue D Randall W. Richards D Joseph 0. Rooney 67 Farmcrest Avenue 222 Waltham Street D Mary G. Oliver R Dolores M. Swan 610 Waltham Street 24 Bedford Street D Elizabeth F. Downey D Mary J. Ferry 1 Stimson Avenue 50 Downing Road D Henry P. Meade D Edna F. Marshall P. 0. Box 394 110 Woburn Street i 5t'' [' R Ida B. Fisk R Mary Q. McCauley 10 Spencer Street 75 Spring Street R Florence M. Boone R Virginia M. Warner 112 Bedford Street 71 Adams Street D Marjorie Modoono R Irene Victoria Feeerty 285 Woburn Street 529 Marrett Road R Agnes Heimlich D Alice Lillian Osgood 796 Massachusetts Avenue 573 Marrett Road R Mary F. Irwin D Mary V. Spencer 20 Clarke Street 8 Cary Avenue The Chamber of Commerce met with the Board . Mr. Joseph Rooney said that the purpose of the meet- ing was to discuss the parking meter situation in the center. With the new shopping center opened in Burling- ton, it would mean much to the merchants to discuss the meter situation. He said that no stand has been taken by the Chamber of Commerce and we don't have any real solution, but we would like to see the meters on the back lot taken out completely or make them 25 cent meters for all day parking. We would like to suggest that a courtesy warning ticket be placed on a car. The Chairman asked who would benefit if we take out the row of meters or make them all day meters? Mr. Rooney said that the customers would use them. The Chairman said that the merchants would use them. Mr. Vidette said that if the merchants did that, you could chalk them. We are being critized and we would like to say that, as a matter of record, we are here. A year or two from now you will say, at least you did some- thing. Center The Chairman said that many people think we should Parking have done something four or five years ago. Mr. Rooney said that Raytheon and Itek workers were leabing their cars there all day. Mr. Kenney asked if the Chamber of Commerce is re- commending the removal of the parking meters completely. Mr. Vidette said that he was recommending it. Mr. Michelson said that be felt that removing the meters was a very good idea. He discussed the courtesy ticket and said that when a Policeman comes around and sees the flag up, be could give a courtesy ticket and the next time around be could tag for a $2.00 fine. He said that sometimes a person might be tied up in a store and doesn't get out to the meter in time, but he could get to his car when the courtesy ticket time is up. If not, be deserves the $2.00 fine. Mr. Rooney said that someone might want to go in for a cup of coffee and would not have a penny to put in the meter and he gets a ticket. We get complaints all the time to straighten out the parking situation. Mr. Kenney asked how the courtesy warning ticket worked elsewhere. Mr. Vidette and Mr. Conroy said that they had re- ceived them in Maine and Canada and were impressed with the idea. Mr. York said that he felt there was a variety of problems . One problem is the amount of area of parking; we are getting a heavier amount up toward the green area and the area along the fence from Craft to the back of Trani' s is rarely used. We might be able to drive some from the Depot section and they would use the area along the fence. The Chairman said that we are authorized to finish the other part, do you think it would help? Mr. York replied that it would, that they are park- ing in where the Harvard Trust area is. Mr. Kenney said that your intent is that by remov- ing the meters along the fence you will utilize them, free. The Chairman said that if you do that, you are tak- ing space away from the shoppers . Mr. York said that they don't use them. He asked if there was any idea of when the parking area across the tracks will be finished . Mr. McSweeney said that they haven' t started the sur- vey; there is no target date yet . Mr. Vidette asked hew much it cost to maintain the meters , and if they take in $12,000 or $13,000 a year. The Chairman said that he didn 't know. We are try- ing to find a reasonable solution. Mr. Mabee asked about the mechanics of the courtesy tickets . Mr. Conroy said that the meter would have a period of grace. The Chairman said that, if they have a free ride, that is not what you want. Mr. Conroy said that it would not start until 9 A.M. The purpose of the meter is to get in and out; if some- one doesn't have the change and goes into the store, when he comes out he has a ticket. There could be some mech- anical procedure. Mr. Mabee asked if 15 minutes free parking at the beginning would help. Mr. Conroy answered in the affirmative. Mr. Mabee asked bow many tickets a week more would there be, if every time you are overdue you get a courtesy ticket? ' 5 rq Mr. Cataldo said that courtesy tickets are for out of state people, the natives are still tagged in places that use the courtesy tickets . From listening to you, the main thing is to provide parking for the clerks and the people in town You are saying that the people are not using the area at the fence. Mr. Conroy said that they were concerned about peo- ple parking without charge. Mr. Michelson said that when the parking lot is com- pleted, it will be sufficient. The concern I have is with the shopper. Suppose he stays too long and finds a ticket for $2.00 on his car A Policeman could put on a courtesy tag with the time on it and the next time around if the person has parked too long, he tags . The Chairman said that there may be some merit to courtesy tags . As for taking out the meters , if this would be for the sho pprisl there would be some merit. Every time we have relaxed on the meters the merchants themselves have abused it. Mr. Michelson said that the question now is, can you have the Police Department relax to the point of courtesy tags? Now, when he comes to a violation, he doesn' t know if the violation has just popped up. The lot along the fence at lunch hour is jam-packed and at the 5 & 10 side it is not being used. At Easter, back-to-school, and Christmas time the shoppers use that area. Mr. Kenney said that the point is, in the areas not frequently used, take your vehicles from up the street and put it there. Mr. Conroy said that it doesn' t affect his business. Mr. Cataldo said that you are representing the Cham- ber of Commerce. We are not interested in individual problems - bring us the Chamber of Commerce stand. Mr. Conroy said that the principal recommendation is for the courtesy ticket. Mr. Cataldo said that two years ago, at Christmas, we had free parking, and the merchants ruined it. Mr. Kenney said that when the first offense system was put in, you received as many complaints . Mr. Michelson said that they didn' t. Mr. Rooney asked if they were in agreement frith the 25 cent all day parking? Mr. Cataldo said, make a motion that we have heard the Chamber of Commerce request. The Chairman said that the record will show that the Chamber had a meeting with the Board and strongly object- ed to the meters and tagging. The Board took it under advisement and referred it to the Traffic Committee. They could meet with one member of the Chamber of Commerce. The Chairman suggested that Mr. Rooney represent the Chamber of Commerce. ; fl Mr. Kenney asked for a report of the humber of tick- ets issued, to compare with the year before. Mr. Michelson asked how many tickets were issued a day? Mr. Greeley said that the Chamber of Commerce is asking us to explore the possibility of helping the peo- ple. The Committee will meet for this purpose. Mr. Gray said that he will get a report on the num- ber of tickets issued this year. The Chamber of Commerce retired . The Board discussed the bids for two 1 ton pickup trucks which were held over from the meeting of July 15. Mr. Burke said that G.M.C. is furnishing a vehicle with a 6-cylinder engine, there is more room in the cab, and in the fender walls there i a tapered area which would prevent rust occurring in*the headlights, grill asembly and hood. We feel that this is a more practi- cal investment for the Town. Mr. Kenney said that he felt that they could debate, but agreed that Mr. Burke had a valid point in that it was easier to service the G.M.C. He said that it bother- ed him to pay 10 percent more than the International Harvester figure of $4,008.37, against $4,400.00 for the G.M.C. He had asked the local Chevrolet dealer why he didn't bid on the trucks, and the dealer said that the specifications were put out between model years; there- fore dealers could not receive dealers ' assistance from the manufacturer. Pickup Mr. Burke said that bidder's assistance is of great Truck magnitude. One year Ford might come out and push to put Bids pickups out. Mr. Kenney asked if it made sense to put specifica- tions out early in April. The Chairman said that we don't have authorization to do it. Mr. Burke said that after Town Meeting the suggest- ion was made to advertise everything at once. Mr. Kenney asked if the G.M.C. is a '69 model? Mr. Burke said that it was, and so was the Inter- national Harvester ; they could be delivered around Nov- ember 15. Mr. Kenney said that the G.M.C. cost 10 percent more, and asked if we could re-advertise. The Chairman asked how much of a time delay would be involved if they did this? Mr. Burke said that an ad could be put in the paper immediately and bids could be in before the next meeting. Mr. Cataldo asked where are you going to get a com- petitive bid? ' 5a1 Mr. Kenney said that Rowe Chevrolet could bid on a G.M.C. pickup, This fellow has no bid assistance. He recommended that they throw out the bids received from the International Harvester Company and the Automotive Service Company, Inc. , for two pickup trucks . Upon motion duly made and seconded, it was voted to reject the bids for two pickup trucks received from the International Harvester Company at $4,008.37 and Auto- motive Service Company, Inc. at $4,400.00. The Chairman said that we should re-advertise as soon as possible, keeping in mind the date they can get factory assistance. Upon motion duly made and seconded, it was voted to re-advertise for two 1 ton pickup trucks . Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identifi- I.D. cation Card for Sandra A. Jones, 11 Downing Road. Card Mr. Cataldo said the Salary Review Board needs a member to replace Neil Chapman. He asked Mr. Gray to Salary talk with Mr. Donald Noyes and tell his to get started - Review to get organized and the meetings scheduled. Board The Chairman said that Mr. Irwin, Building Inspec- tor, feels that the fees forplumbing, gas, and building are too high and would like to meet with the Board to Bldg. discuss them. Also, Mr. Erwin would like to discuss the Inspector p resumes of applicants for the position of Assistant Building Inspector. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public Executive might adversely affect the public security, the financial Session interest of the Town of the reputation of any person. Bollowing discussion concerning the finances of the Town, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 9:55 P.M. 15)Pq A true record, Attest: C4+ Executive Clerk, Selectmen The next regular meeting of the Board of Selectmen will be held in the Selectmen' s Room, Town Office Building, on Monday evening, August 12, 1968 at 7:30 P.M. a CC SELECTMEN'S MEETING 1 August 12, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen's Room Town Office Building, on Monday evening, August 12, 1968, at 7:30 F.M. Chairman Cole, Messrs . Cataldo, Mabee, Kenney, and Greeley were present . Mr Legro, Town Counsel, Mr. Burke, Superintendent of Public Works , Mr. McSweeney, Town Engineer, Mr Wenham, Assistant Superintendent of Public Works, and Mrs . McCurdy, Executive Clerk, were also present . Hearing was declared open upon the application of the Boston Edison Company to lay underground conduit on Bedford Street at Carol Lane Notices of the hearing were mailed to the petitioners, and also filed with the Superintendent of Public Works and the Town Engineer Conduit Mr Louis Pratt, representing the Boston Edison Company, Location said that the conduit is necessary for a new development. No one was present in favor or in opposition, and the Chairman declared the hearing closed . Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following conduit location: Bedford Street at Carol Lane, a distance of about 50 feet Hearing was declared open upon the application of the Boston Edison Company to lay buried cable, conduit and man- holes on Massachusetts Avenue. Notice of the hearing was mailed to the petitioners , owners of property as listed on the petitioner' s plan and also filed with the Superintendent of Public Works and the Town Engineer. Mr. Pratt representing the Boston Edison Company, said that this is a conduit going from the right of way from Massachusetts Avenue to the Lincoln-Lexington line to feed the Concord station. He also stated that he had received a letter from Mr. Zerby of the National Parks Service, which said that they have no objection. The petition was approved by the Town Engineer. No one was present in favor or in opposition, and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following conduit and manhole location: Massachusetts Avenue, south- easterly from the Lexington Lincoln town line, a distance of about 1415 feet - buried cable, conduit and manholes . 513 Representatives of the Minute Man National Park came into the meeting. The Chairman declared the hearing re-opened, and asked if they had any objection to the location of the under- ground cable and conduit on Massachusetts Avenue. A representative replied in the negative and said, because of their interest in the location, they felt they should be present at the hearing. Upon motion duly made and seconded, it was voted to close the hearing. At the request of the Town Clerk, two jurors were drawn, as follows : Jack P. Underwood, 3 Burroughs Road Jurors and Sidney G. Lindsley, 45 Eldred Street. Mr. Burke said that bids had been taken on August 5, 1968 for sewer lateral work and recommended that the con- Lateral tract be awarded to Daniel D' Onfros & Sons, 712 Main Sewer Street, Leominster, in the amount of $111,953. Contract Upon motion duly made and seconded, it was voted to award the contract for sewer lateral work to the lowest bidder, Daniel D'Onfros & Sons , in the amount of $111,953. Mr. Legro requested the Board to sign the contract for sewer lateral work which had been awarded to Daniel D'Onfros & Sons , in the amount of $111,953 Upon motion duly made and seconded, it was voted to sign the contract for sewer lateral work which had been awarded to Daniel D'Onfros & Sons, Inc. , in the amount of $111,953 The Chairman read a letter from the Board of Health, requesting permission to conduct a screening clinic for respiratory diseases on September 16-20, 1968; a "Mini Bus"' equipped with two Wright-flow meters for testing would have to be parked in the circular driveway in front of Cary Hall. Respiratory Upon motion duly made and seconded, it was voted to Disease grant permission to the Board of Health to conduct a Clinic screening clinic for respiratory diseases on September 16-20, 1968, with a "Mini Bus" to be parked in the circu- lar driveway in front of Cary Hall. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification I.D. Card for Florence Maclnnis , 38 Middle Street Card Upon motion duly made and seconded, it was voted to Cert of sign the Certificate of Incorporation for the following, Inc. w_ satisfactory character references having been received from the Chief of Police : Richard S Beal 130 Burlington St. Robert H. Sproat 6L. Prospect Hill Rd. "The Boston University Club, Inc." Mr. Alan Adams met with the Board. Mr. Adams said that during the rainstorm on August 7, the Minute-Man publications ' Building had a serious flooding condition; the water was so high that it burst a window in the cellar. The catch basins are on railroad property and every winter and spring there is continual flooding in the area. He had asked the Superintend- ent of Public Works if something can be done to cure the Drainage situation. There are many new drains but there are still a lot of old ones . Mr. Greeley asked Mr. Burke if this , apparently, is because of inadequate mains beyond the clogged catch basins? Mr. Burke said that the 12" mains were increased to 1$" in the section south of the railroad tracks ; we don't know the size of the main in front of Mr. Adams ' building as the record is not clear. Mr. Adams said that Mark Moore wanted to put a drain at the bottom of that light-well. He was pretty sure that no work had been done for some time. Mr. Greeley said that they fixed that Mr. Adams said that a section of the drain was renewed and I am quite sure, from my memory, there has been no work done. Mr. Greeley asked how long the water was flooding the street, a couple of hours? Mr. Adams said that it wasn' t that long. Mr. Greeley said that there was a gully along the rail- road tracks , and that didn't help the situation. Mr. Adams said that all he asked was, if the drain was inadequate, something should be done about it The Chairman asked if there was any information available. Mr. Burke said that there were no records . The Chairman asked how many feet of drain would have to be replaced to correct the situation. Mr. Burke said that until an Engineering study is made, they would not know how much piping is needed. The Chairman asked Mr. McSweeney how much time and money an engineering study would entail? Mr. McSweeney replied that it would be aout a week' s work for one man; the salary for one man for one week. The Chairman asked Mr. McSweeney if, the way his schedule is now, could he accomplish this in the reasonable future? I 535 Mr. Cataldo said that we are going to design the parking lot and asked if these drains would serve the same area? Mr. McSweeney said that, from his knowledge of this area, it would be difficult to explain. Mr. Greeley asked if the Episcopal Church property drains into that drain? The Chairman,said that one drain and one catch basin drain into the Episcopal Church drain. The Chairman said that the problem exists and Mr. McSweeney can integrate this with the parking area. Hearing was declared open upon the petition of the Gulf Oil Company, Frederick K and Marjorie S. Johnson for license for below ground and above ground storage at the station located at 39 Bedford Street. A notice of the hearing was inserted in the August 1, 1968 issue of the Lexington Minute-Mand and sent by certified mail to the abutters , as listed on the records of the Board of Assessors . Application was approved by Chief Spellman of the Fire Department . Gasoline Attorney Frederick J Conroy, representing the peti- Hearing tioners , explained that the Board of Appeals, on July 23, 1968, had granted permission to demolish the front portion of the existing building and to construct a new building for use as a gas service station, oil and greasing station, sale and installation of tires and other automobile ac- cessories, and the maintenance and repairs of motor vehicles . By increasing the storage capacity from 15,000 to 18,000 gallons, fewer deliveries will be made. No one was present in favor or in opposition, and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to issue a license to the Gulf Oil Company, Frederick K. and Marjorie S. Johnson for below ground storage of 18,000 gallons of gasoline, 550 galtons of waste oil and 550 gallons of fuel oil to be used to heat the building. Also, for above ground storage of 250 gallons of motor oil and 150 gallons of anti-freeze, to be stored in metal containers or steel drums ; 75 gallons of gasoline to be stored in tanks of motor vehicles in the lubritorium, on the premises lo- cated at 39 Bedford Street . Mr. Irwin, Building Inspector met with the Board . The Chairman informed Mr. Irwin that he had indicated some displeasure about the fees for electrical, gas and Building plumbing permits , and asked if he would like to elaborate Department on it. The Chairman asked if be felt that with this sort Rate of fee, compared to the fee in other towns , if people would do these jobs without a permit Mr. Irwin said that the jump from $1.00 to $5.00 is circumventing the primary purpose; the fee jump will tend to encourage the "do=it-yourselfP worker. To repair a gas water heater in your home, you need a plumbing and $as permit; previously it would cost $2.00, today it is 10.00. The Gas Company has been allowing $30.00 for installation. Repairs on an electric heater requires a permit for electrical work and plumbing. The same would apply to the installation of two of the small outlets, Building $8.00 for the cost, plus $5 00; this is quite a jump. I have no fault to find with the cost of the larger jobs . Department Mr. Greeley asked if someone wanted to repair a gas Rate water heater or outlets, for $8.00 do you have to inspect to see if everything is O.K. ? Mr. Irwin said that it doesn't pay. Certain ser- vices are being rendered here and I don't think you can make the fee pay. All normal installations require in- spection. As a home owner, you can wire in your own home, a great many people do this . A permit is required and inspection. Mr. Mabee asked how many people put in electric heat- ers themselves, now that the fee has been raised? Mr. Irwin replied that he didn't know. Mr. Cataldo asked if they have to have a permit if they are going to be reimbursed from the utilities company. Mr. Irwin replied that the Mystic Gas Company allows $30.00 for installation and they won't book it up until the inspection ticket is put on. The Chairman said that it is unlikely that anybody is circumventing in that respect . He asked Mr. Irwin if he had a list of fees in the surrounding town Mr. Irwin said that the list could be made available. Mr. Cataldo asked what Mr. Irwin felt the fee should be. Mr. Irwin said that his original suggestion was for a $2.00 minimum; this did gut apply to the electrical fee, Electrical is based on the cost of the job. Plumbing and Gas are so much per fixture. The people that are being affected are those with $50.00 jobs . The Chairman said that if we keep the minimum of $5.00 per building, reduce electrical, gas and plumbing to $3.00, is it going to decrease the problem? Mr. Irwin said that it would; he has had comments from plumbers and electricians . Mr. Greeley said that if you did this at $2.00 minimum. . . Mr. Irwin said that, under the old system, the electrical fee was based on $1.00 up to $50.00; from $50.00 to $300.00 it was $3.00. Under the new system, it is $5.00 minimum and $1.00 per $1.000. Mr. Mabee said that you feel that this is too much . Mr. Irwin said that people are complaining. 521 Mr. Mabee asked if it was the owners or contractora? Mr. Irwin said that owners come in and when they Building find out the fee, they say that they won' t do it. We Department don' t know if they do. Rate Mr. Mabee asked if they would say that if the fee were $3.00 instead of $5.00? Mr. Irwin replied that he could't say; there has been no decrease in the amount of revenue received . Mr. Mabee asked if he felt that everybody is getting used to the new fees? Mr. Irwin said that he would rather see them lower. Mr. Cataldo asked how many people say that they won't do it? Mr. Irwin said that he has, personally, heard two or three people say it Mr. Mabee said that he felt it would do more harm to change it back now. Mr. Cataldo said that our mistake was that we didn't have a jump in between a few years ago. Mr. Greeley said that by having such a high electrical fee, we are encouraging the "do-it-yourself" worker. If a man wants to put in four outlets , he ought to feel he could get someone to do it right. Mr. Cataldo said that this fellow should feel it is worth $5.00 to make sure the installation is proper. The Chairman asked Mr. Irwin if he felt that the Board would be making a mistake if they reduce the fee at this time? Mr. Irwin replied that unless they have more objections than he has had, they would be making a mistake to reduce the fees at this time. He added, if you had reconsidered this at the time of the first proposal, I feel a reduction would have been in order. Mr. Mabee said that Mr. Irwin is saying that it is passe, why not forget it and continue along. The Chairman said that we will consider the matter closed. It was agreed to continue with the building electrical, gas and plumbing fees, as voted on April 15, 1968. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, de- liberating or voting on matters which, if made public , might adversely affect the public security, the financial interest of the town, or the reputation of any person, After discussion concerning the application for the position of Assistant Building Inspector and matters in- volving litigation, it was voted to resume the open meeting. 5211 Mr. Legro said that at the informal hearing with the Labor Relations Commission on last Thursday, August 8, Counsel agreed that, subject to approval of the Board of Selectmen, we would stipulate that in the original peti- AFL-CIO tion the designation would read "American Federation of State, County and Municipal Employees, Massachusetts State Council AFL-CIO and its affiliate, Local 1703" ; and would further stipulate that the complaint of pro- hibited practice would be dismissed on the entry of that first stipulation. Mr. Legro said that this gives specific designation of the Union' s specific entity. The Chairman read a letter from Mr. Legro stating that the Board had agreed in the settlement of the claim of John H. Asadoorian and Jeannette A Asadoorian, 1 Todd Asadoorian Road , in connection with a taking for the widening of Claim Grant Street, to abate the sidewalk betterment in the amount of $150.00 He requested the Board to vote the abatement and request the Tax Collector to submit to Town Counsel a certificate dissolving the lien for the betterments. Upon motion duly made and seconded, it was voted to abate the sidewalk betterment assessed to John H. Asadoorian and Jeannette A. Asadoorian in the amount of $150.00. Upon motion duly made and seconded, it was voted to request the Tax Collector submit to Town Counsel a certi- ficate dissolving the lien for the betterments Upon motion duly made and seconded, it was voted to Abatement approved water and sewer house connection for Stratven Realisy, Inc , 298 Marrett Road, in the amount of $527.11. Upon motion duly made and seconded, it was voted to Minutes approve the minutes of Selectmen' s Meetings held on March 4, May 6, June 17, and July 29, 1968. Lexington Upon motion duly made and seconded, it was voted to Theatre approve and sign the license issued to the Lexington Theatre, 1794 Massachusetts Avenue, Lexington Jury Upon motion duly made and seconded, it was voted to List approve the Jury List. Upon motion duly made and seconded; it was voted to Order of authorize Town Counsel to prepare the Order of Taking on Taking the property of Mr. Frank Allia and Mrs. Mary E. Connolly with an award of damages in the amount of $250.00. Upon motion duly made and seconded, it was voted to authorize Town Counsel to prepare the Order of Taking on the property of Philip L. Tropeano and Mary E. Tropeano with no award of damages J�1 Mr. Belcastro, Veterans ' Agent, met with the Board. The Chairman read a letter from Mr Belcastro, re- questing the sum of $21,000 be transferred to the Veterans' Account because of an increase in medical ex- penses and an increase in recipients on a temporary Veterans ' basis as a result of labor disputes . The letter further Dept states that his department ' s request for $45,000 for this year had been deleted by $10,000 Mr Belcastro said that, rather than get in the same predicament as last year in November and December, he would ask for the full amount now and the Board would know what he needs and make some provisions . Last year the total was $35,345 and that doesn't include the amount received from the Trust Fund The Chairman said that his budget figure of $45,000 was more than justified . Mr. Mabee said that Mr. Belcastro was cut back on the basis that if be needed more he would come to the Board. Mr. Belcastro said that be will need more money the first part of September Mr. Kenney asked if this was caused by the Telephone Company strike? Mr. Belcastro said, partially, we have spent $2,000 on the strike I have bills to pay; one fellow was dis- charged from the hospital that I knew nothing about, it was investigated by the State. Last year we had to go into the Trust Fund because people didn't get checks at Thanksgiving and Christmas . Mr. Cataldo said that, basically, if we ask for $21,000 on your account, there is only $70,000 in the Reserve Fund and I feel we should ask for $10,000, making arrangements for the Trust Fund earlier. This is not even the middle of August and we will be without money Mr. Kenney said that we didn't plan on a $20,000 trans- fer. The Chairman suggested that $10,000 be requested. Mr. Belcastro said that anything put through on the Trust Fund would have to come from the Selectmen, rather than his office. Mr. Cataldo said that if the money is available in the Trust Fund . The Chairman said that it has to be a specific case on Trust Funds . Mr. Belcastro said, he didn 't want anybody using it that wasn't eligible. The Chairman said that a time element was involved . Mr. Cataldo said that rather than wait until we are broke, any case that qualified from June to December we should go after. 53Q The Chairman said that, in the meantime, he goes without $10,000; suppose we get the transfer now, can you give us cases you want to use for the Trust Fund? Mr. Mabee asked how much money be bad used from the Trust Fund? Mr. Belcastro replied , over $7,000. Mr. Mabee asked why he couldn't use the same cases? Mr. Belcastro replied that we are leaving the specific Veterans ' Veterans ' program, you don't get reimbursed on Trust Funds . Dept Mr Cataldo asked how many Veterans ' eases were paid out of the Trust Fund? Mr. Belcastro said that all cases were paid out of the Trust Fund at the end of the year. Are you suggest- ing that we take them off the roll and put them on the Trust Fund? Mr. Cataldo said , 50 percent of a figure. Mr Mabee said, if we don' t ask the Appropriation Committee now . . . Mr. Cataldo said if we run out of funds and can't pay at all . . . Mr. Mabee said that the Appropriation Committee should get the whole story. Tell them they have to come up with 20,000; next year at budget time we are in a better position to argue. The Chairman said that he was in favor of the Trust Fund. Mr. Belcastro said that he wanted a blanket sum that he could draw off and they wouldn't do it. Mr. Kenney said that he wanted them to know it would cost us 50 percent. Mr. Greeley suggested that the Trust Fund situation be investigated with Mr Morey. Mr Mabee said if Mr. Morey knew that 50 percent is reimbursed by the State . . Mr. Belcastro said that you can borrow the money, a bond issue. The Chairman said that could only be done by a City Council. Mr. Cataldo said that we should vote a request from the Appropriation Committee and sit down with George Morey. Mr. Belcastro said that he would have to have all the signatures and asked who they were. The Chairman said, Mr. Morey, Mr. McEwen and Mr. Rutherford Mr. Cataldo said that someone should go and sit with them. The Chairman asked if it would be agreeable at this time, to amend to $10,000 and serve notice and meet with Mr. Morey. Mr. Belcastro and I will be there When you get legitimate welfare cases, they need the money and need it in a hurry. 531 Mr. Mabee said that he didn't see why the Trust Fund should pay for it . He asked Mr. Belcastro if the money he got from the Trust Fund last year was used specifically for Veterans? Mr Belcastro answered in the negative. The Chairman said that whatever you spent last year was in addition to what you got from the Trust Fund . The Chairman said that the motion should be to ask the Appropriation Committee for $21,000 and talk to the Trustees of Public Funds and acquaint them with the nature of the problem. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for the sum of $21,000 to be transferred to Veterans ' Account No. 7200. Thb Chairman said that the Selectmen would like to re- quest the Appropriation Committee to transfer the sum of $2,000 to the Clerical Labor Pool Account. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $2,000 to the Clerical Labor Pool Account No. 1025. Mr. Burke informed that bids had been received for two 1/2-ton pickup trucks from the Automotive Service Co. , Inc. for $3,996.66 and Lexington Auto Sales, Inc. for $4,095.00. Mr. Burke recommended that the contract be awarded to the low bidder, Automotive Service Co. , Inc. Upon motion duly made and seconded, it was voted to Pickup award the contract for two 1-ton pickup trucks to the Trucks Automotive Service Co. , Inc. , 22 Sunnyside Avenue, Arlington, Massachusetts, in the amount of $3,996.66; one Model CS1590D and one Model CS1570D, including trade-in of three old vehicles . The Chairman read a letter from the Town Engineer re- garding a traffic study meeting to be held on August 21, Traffic at Itek Corporation. It was agreed that Mr. Cole, Mr. Study Cataldo, and Mr. McSweeney are to attend the Meeting. Hartwell Mr. McSweeney is to contact Mr. Zaleski and inform him of the meeting. Mr. Worrell of the Planning Board met with the Board to discuss the list of sidewalks to be approved . He said that when we compare this to the list of things to be con- sidered first priority, I don' t find a dingle one of the Sidewalks streets listed such as Lincoln, Middle Street, Waltham Street . . . The Chairman said, Massachusetts Avenue from Worthen Road to Cedar Street will be paved. 531 Cm: Mr. Worrell said, on Eldred Street, Bedford to Ivan Street - I have occasion to walk that section - that sec- tion has a footpath on each side and in the winter, the north side is closed and a person bas no way of staying off the pavement. Any arterial road should have a sidewalk on each side - the safety problem taken care of by the footpath. The Chairman asked if the Planning Board has taken a stand on the sidewalks? Mr. Worrell said that the Planning Board had instructed him to ask questions - streets we recommended for sidewalks are streets that have no way of people walking in the winter time. The first two blocks of Cedar Street have a severe pedestrian problem, would rather see it paved . Mr Cataldo said that there was an issue here; it was true on Cedar Street; the problems are not only sidewalks Lincoln Street has to be reconstructed and widened . Mr Worrell said that section of Lincoln Street can be widened ; you can't widen Cedar Street, if you did , you would have the pavement up to people's steps It' s a different order of magnitude to the abutter, it is a lot preferable than having the sidewalk at his front step Sidewalks Mr. Cataldo said it would mean complete redesign. Mr. McSweeney said that it wasn't a ease of ignoring Cedar Street - it involves Cedar, Hill and Concord Avenue and the cost eliminated Concord Avenue and Hill Street . Mr. Worrell said that the Planning Board would like to suggest that the Selectmen consider at the next Town Meeting bringing in articles for the taking of necessary land Mr. Greeley said that the Planning Board could come in with recommendations . Mr. Worrell said that he had wiitten a letter that we should consider spending more money on sidewalks to improve our program. Mr. Cataldo said that he had talked to Capital Expendi- tures twice. The Chairman said, sewers, streets, and sidewalks, Capi- tal Expenditures won't like it . Can't you see that on Concord Avenue and Hill Street, it would be $20,000 on each one? Mr. Worrell said that you substituted other things; I know why you couldn't do Cedar Street. Mr. Greeley asked Mr. Worrell if he agreed about Middle Street. He said that was one of your recommendation - you got one. What is the priority on Tufts Road? Mr. Worrell said, none; that the Selectmen agreed with the desirability of early action on this . Mr. Cataldo said, on Lincoln Street, we thought it was going to be developed Mr. Mabee said that we are going backwards, as Mr. Cataldo said; we should increase the amount of money. 533 The Chairman said that the Board is sympathetic with your priorities . The Traffic Committee had done the best it could , under the circumstances In the future, it is to the advantage of all of us that we stick together - the town is growing and we are not . The budget should be increased to at least keep up with the increased construction costs Mr. Worrell said, on Lincoln Street , defer until rede- sign; Middle Street, last year► s appropriation; Cedar Street, deferred; Concord Avenue, deferred; and Simonds Road you have included. Upon motion duly made and seconded, it was voted to ap- prove the following list of streets for the construction of sidewalks , out of the 1968 budget: 1. Massachusetts Avenue - Worthen Road to Hastings Road . Also, 145, at the intersection of Cedar Street and Massachusetts Avenue. 2. Coolidge Road from Adams Street, Hancock Street to Adams Street. 3. Eldred Street - Bedford Street to Ivan Street. 4. Reed Street - Bedford Street to Augustus Road. 5. Simonds Road - Preston Road to Burlington Street. 6 Robinson Road - Turning Mill to the school. In addition to this list, Middle Street and Tufts Road will also be included in the same contract, out of the 1967 Budget. Upon motion duly made and seconded, it was voted to adjourn at 10:30 P.M. A true, Attest: Executive Clerk, Selectmen wn r,- D 534 co SELECTMEN'S MEETING ' August 19, 1968 A special meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, August 19, 1968 at 7:30 p.m. Chairman Cole, Messrs Cataldo, Mabee, Kenney and Greeley were present. Mr Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. McSweeney, Town Engineer, and Mrs . McCurdy, Executive Clerk, were also present. Mr. Perry, Comptroller; Mr Mitchell, Capital Expen- ditures Committee; Mr. Burrell, Civil Defense Director; Mrs Riffin, Chairman of the Planning Board; Mr. Eric Clarke, Planning Board; Mr Gary, Appropriation Committee; Mr. McQuillan, Board of Health Director, and Mr. Adams of the Lexington Minute-man met with the Board The Chairman said that the Board felt that a Special Town Meeting is necessary to resolve an emergency existing because we need more money for the construction of the North Lexington-Hamilton Road sewer The bids came in well over the appropriation. Mr. Legro and I spent time with the Director of Accounts and we believe that we have the way that we can go to Town Meeting and ask permission to use State grants that automaticlly go into the E & D ac- count. We have received a letter from the Town Engineer which states that the low bidder was P Gioioso & Sons, Inc. in the amount of $248,155 This construction cost, coupled with engineering fees, brings this project to a total cost of $278,000 The monies originally appropri- ated under Article 16 of 1965 and Article 9 of 1967 total- ing $194,000 are insufficient for awarding this contract . This large increase is due to the rising construction and engineering costs over the past two years The Town re- ceived a grant offer in 1965 and, about this time, the Town of Bedford came into the picture as the pumping sta- tion which connects to this proposed project was becoming severely over-loaded and it was felt that something should be done. Much discussion and negotiations were undertaken to determine the best method of handling this flow within Lexington and the costs to both communities ; also consid- ering a request of Hanscom Field to increase their dis- charge to the Lexington System Construction of the force main was held up until the best method of serving Bedford and Hanscom could be ascertained and following this ,- had to be brought before the respective towns for approval and financing These factors all contributed to the two-year 53 ' delay in the construction of the project . We have, as of June, 1968, receivedrants from the Federal and State governments totaling $127 ,800, 70,290, and $57,510. The Engineering Department has reviewed this project with our Consultant Engineers and Town Counsel and I am informed by Town Counsel that Special Town Meeting action is neces- sary because of the deficit in the appropriationy The Chairman said that we have made every attempt to contact members of the Committees and Department Heads to inform them of this emergency. We would like to keep the Warrant as short as possible; to have a quick Town Meet- ing to perform the necessary function that the emergency calls for We have contacted the Contractor and he has agreed to waive the period until we can get Town Meeting action. The question is whether to call a Special Town Meeting at this time; we should do it as quickly as possi- ble in the early part of September, the 4th or 5th. Mr. Kenney asked if there was a reason why wo can't hold it over? The Chairman said that we lose the aid by November first. Upon motion duly made and seconded, it was voted to hold a Special Town Meeting on Wednesday, September 11, w, ,-, 1968 at 8:00 P.M. The Chairman di:011`6sd the birsdt open; iiesaid that he would like to keep it as short as possible. Mr. Gary said that we have received a letter from Mr. Belcastro, requesting an additional $21,000 The Appropria- tion Committee denied a transfer for the full amount but did approve a much smaller sum to carry the department through the end of September, at which time we proposed to take an- other look at it . We have something like $68,000 in the Reserve Fund, uncommitted, exclusive of Veterans ' Aid ; we are getting to that stage where we are receiving demands on the Reserve Fund; last year we ran out of money. The alter- native is to give each department an additional appropriation from E & D, under an Article in the Warrant . The Chairman asked if it would be more in order, since there are so many requests , to increase the Reserve Fund. Mr. Legro said that it could only be done at the Annual Town Meeting. Mr. Gary said that the Appropriation Committee would be reluctant to grant any transfer from the Reserve Fund to meet Mr. Belcastro' s estimated requirements; $21,000 was only his uncertain estimate of what was required . The Chairman said that he would tell you that it was a conservative estimate 536 cz Mr. Greeley said that it seemed to him that the issue isn't whether or not the Appropriation Committee will give it to Veteran' s Services, but was there enough money in the Reserve Fund to cover? Mr. Kenney said that the Appropriation Committee knew there was going to be a request for a transfer Mr. Gary said that they really didn' t know; we boosted up the Reserve Fund . Mr Cataldo said that the Veteran' s office requested a transfer of $10,000; would it have upset you as much as $21,000. Could you have handled it with no problem? Mr. Gary said that the Appropriation Committee is dis- persed . It was my suggestion to transfer enough until the end of September and then take a look at it . It is my personal view to transfer $2500 now Mr . Cataldo said if we take the approach that if we meet with the Trustees of Public Trusts, we don' t have to do anything. The Chairman said that we bring this to your attention, that with money appropriated by the Town there is money com- ing back from the State; but not with Trust Fund money. We can' t do this. Mr. Legro said that he has consistently said that you couldn' t. Mr Cataldo said that, regardless of reimbursement, if we could get some money ent of theme even if we doe.'t get one-half back . . . The Chairman said that there is a. time element; is such money channeled to get to the right person? Mr. Perry said that Mr. Belcastro has actually delivered the cheeks by hand. The Chairman said that on the question of being Welfare, it has to be approved by the Board of Trustees ; three signa- tures are needed Mr.. Perry said that he recalled that, last year, the Trustees ' Board authorized $7400 and they only used just under $5,000 of that . Mr Cataldo said that if we start early enough to go after this money, I see no reason why we can't get it. The Chairman asked Mr. Gary what drains on the fund he anticipated . Mr. 'Gar,- replied that he didn ' t know; be is worried about the large ones . They are trying to find the prudent thing to do; is it to transfer money out of E de D for this department? The Chairman asked how much money do you anticipate? Mr. Dart' replied, $10,000 or $12,000. The Chairman asked, why not take $15,000? Mr. mar: said that they are reluctant to transfer the full amount. This department is different than others . 537 E D.Mr. Perry said that the main thing is to get it out of & The Chairman said that, because of the Special Town Meeting, he will take advantage of it. Mr. Mabee agreed ; also, we should take the advice of Mr. Cataldo, do concurrently. Mr. Cataldo said that if we put in an Article for $10,000 or $12,000, we would be in better shape going to the Trustees of Public Trusts . The Chairman said that you would like to put an Article in, in an amount of $10,000; leave the balance to be a transfer from the Reserve Fund . Mr. Gary said if it is over and above what is made available from E & D. Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for a transfer of $10,000 from E & D to the Veteranst Account. Mr. Greeley asked the status of the rest of the sewers that came under Article 74 of last March and asked if we are going to get into the same problem? Mr. Legro said that Engineering got into the same problem on the amount of the bid; we have made complete ar- rangements for that Article in the motion. The full amount of $575,000; to approve, provided we can borrow. The Ap- propriation Committee wanted to limit the amount of borrow- ing and not construct unless we received Federal aid. Mr. Perry asked if the Federal and State aid are in lump payments? Mr. Legro said that he does not have direct information on it; both Federal and State make progress payments during construction and complete payments, reasonably prompt. The Chairman said that we have been constantly voting the same amount of money on sewers; what was a valid figure five or six years ago is no longer valid . What we are doing is cutting back on the sewer program. We would like to bring that to the attention of the Appropriation Committee and Capital Expenditures, and suggest that they go back to 1960 and add the construction increase cost. Mr. Eric Clarke asked if inflation has caused this to happen with the force main, why not the one beyond that, has that gone up as well? The Chairman said that the projected cost estimates were more realistic on that than on this . Mr. Cataldo said that this money was appropriated in 1965. Mr. Greeley said that we ought to be prepared to docu- ment these changes so that Town Meeting can conclude that inflation raised the cost by 30%. The last time we appro- priated, it was $194,000 and a year later, it is 30% higher. 3Qze w_ Mr. Legro said that this project requires approval of the Emergency Finance Board and the Governor. I have drafted a letter to the Emergency Finance Board, request- ing that a hearing be granted to the Selectmen I have also talked to the Director of Accounts who was not sure of the date of the next meeting of the Board. The Chairman said that we have to convince Mr. Mac- Kinnon that there should be a meeting of the Emergency Finance Board after September 11th . Mr. Cataldo asked when the extension is up? The Chairman said, on September 30th. Mr. Legro said that if we get by our Town Meeting, there is no question with the Emergency Finance Board. Mrs . Riffin questioned how the Board of Selectmen can open and close the Warrant in one night; she felt there' should be a stated time element. The Chairman said that it was the custom to open War- rants and leave open for a time but the time is desperately short on this Warrant. Mr. Legro said that there is no provision in the law for the Warrant to be opened at all . Mr. Greeley said that it was within the power of the Board not to invite; the Board may decide. The Chairman said that this was decided on Wednesday; - the Board acted very honorably on this . Mr. Ldgro said that it is always within the right of any department to make a request to the Board to insert an Article at any meeting. People have the right to have their petitions filed at any hour It is the right of the Board of Selectmen to call a meeting. The Chairman said that we do not have citizens ' peti- tions . Upon motion duly made and seconded, it was voted to close the Warrant for the Special Town Meeting to be held on September 11, 1968 Mr. Greeley suggested that the Chairman ask that de- partments file with us when they recognize the item, so they wouldn't be caught short. The Chairman said that the Planning Board knows they could approach us if they have Articles that they think they are going to heed for the Annual Town Meeting or a Special Town Meeting. Mr. Gary said that, on an appropriation on Article 3 for Veterans ' Aid, the Article itself doesn't require a money figure The Appropriation Committee would like to defer any definite recommendation as to money. The Chairman said that the motion will have the figure in it . ' 5317 Mr. Greeley said that he hoped that the Appropriation Committee will get the report out to Town Meeting members in advance of the meeting Mr. Gary said that he could see the advantage in that, The Appropriation Committee will take into account that the amount of money will be in the motion, The sewer Article was discussed and Mr Legro said that there is no provision in the Article, at the moment, for borrowing We might not receive the actual money from the State Grant to pay the Contractor, and the provision is not there for that type of borrowing only. The Chairman said that, normally, money comes from grants and goes into E & D; we are asking for authority to use the money, rather than put it in E & D. Mr. Legro said that Federal and State funds usually go directly into E & D We will need a Town Meeting to give us authority to use these funds to defray construction costs . With this authority, we will be able to award the contract Upon motion duly made and seconded, it was voted to ad- journ at 8:10 P.M. A true record , Attest: ' Executive Clerk, Selectm 0 11 I S SELECTMEN'S MEETING August 21, 1968 A special meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednes- day morning, August 21, 1968 at 9:30 A.M. Chairman Cole, Messrs, Cataldo, Mabee, Kenney, Greeley, and Mrs . McCurdy, Executive Clerk, were present The Chairman declared the meeting open to sign the Warrant for the Special Town Meeting to be held in Cary Memorial Hall on Wednesday evening, September 11, 1968, at 8 F.M. Upon motion duly made and seconded, it was voted to sign the Warrant for the Special Town Meeting to be held in Cary Memorial Hall on Wednesday evening, September 11, 1968, at 8 P.M Upon motion duly made and seconded , it was voted to adjourn at 9:10 A.M. A true record, Attest: Executive Clerk, Selectmen ' o�� n Zit) L ; ,? SELECTMEN'S MEETING August 25, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Roam, Town Office Building, on Monday evening, August 25, 1969 at 7 30 P.M Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present. Mr Gray, Executive Assistant•; Mr. Burke, Superintendent of Public Works and Mrs McCurdy, Executive Clerk,were also present. At the request of the Town Clerk, seven Jurors were drawn, as follows: Irwin L Miller S Diamond Road Michael D Maltz 36 Hayes Avenue Jurors Bruno Nicolai 55 Albemarle Avenue Arnold Jeltseh 52 Liberty Avenue Robert H. Morrison 76 Blake Road Norman A. Kress 15 Fulton Road Richard L Trexler 11 Hutchinson Road Mr Gray requested the Board to sign a copy of the attested vote on the traffic amendment regarding Hill Street, which is to Traffic be sent to the State DPW for approval A vote is not needed as the Amendment Selectmen voted the amendment on August 11, 1969 As a point of information, Mr Burke reported to the Board that the asphalt strike is still on and a vote was taken to con- tinue the strike The Chairman read a letter from the Mystic Valley Gas Com- pany which requested permission to locate a 6-inch high pressure welded steel gas main in Spring Street; this request has been approved by the Town Engineer Mr Louis Stockwell of the Mystic Valley Gas Company was present and explained that the plan shows the proposed gas main all the way down to the Raytheon driveway; we will only go into Kennecott Copper, provided we find the pipe at that point. The Permit road has been filled and the pipe is very deep there; we would like a more shallow location but we had one instance this summer where we had to go in and repair and, at that location, we had to install 130 feet of pipe, The 6..ineh,main willibave hbout 21/2 feet of cover. Mr Greeley asked if this would be near the new telephone lines? The Chairman replied that part of it is, Mr Greeley suggested that the two companies coordinate their plans so that the street would not be dug up twice After discussion, the Board agreed to grant the permit with the stipulation that the Mystic Valley Gas Company contact the Superintendent of Public Works for a permit in order to coordinate the installation of the gas main and telephone conduit in the same general area. Upon motion duly made and seconded, it was voted to sign the Order of Construction for sidewalks on the following streets Order of Construction Bridge Street of Sidewalks Grassland Street Hillcrest Avenue Manley Court Vaille Avenue Upon motion duly made and seconded, it was voted to sign the Order of Construction of sewers in the following streets: Adams Street Bedford Street Lowell Street Massachusetts Avenue (Ryan) North Street Upon motion duly made and seconded, it was voted to sign Common Common Victualler Licenses for the following 1 Victualler Licenses Buttricks 34 Bedford Street Lexington Golf Club, Inc. 55 Hill Street Upon motion duly made and seconded, it was voted to grant per- Permit mission to the Church of Our Redeemer to conduct a rag and paper drive on October 26, 1969 from 1 00 P.M. to 6 00 P.M. Upon motion duly made and seconded, it was voted to grant per- Permit mission to the residents of Field Road and Barberry Road to hold a square dance on August 31, 1969 from 7:30 P.M. to 11 00 P.M. The Chairman informed the Board that a request has been received from the Superintendent of Public Works for a transfer of $700 to Transfer the Street Sign Account #5550; this request is necessary because the street signs were damaged by vandals and must be replaced. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Street Sign Account #5550, in the amount of $700. Upon motion duly made and seconded, it was voted to approve the Minutes Minutes of the Selectmen's Meetings held on July 14, August 11 and August 18, 1969 3(47 Mr. Kenney said that a letter has been received from the Plan- ning Board which stated that the Design Advisory Committee had reviewed the plans for the Town Office Building and had submitted a 4th alternative plan to connect the existing Town Offices to Cary Memorial Hall and to connect to the Police Station. The Build- ing Committee had previously considered this plan but was not in favor of it as they would have to build two sides or it would be out of balance; there would be a problem with the Cary Memorial Trustees because of the restrictions in the deed; there would be a problem at Town Town Meeting time because people would have to walk around; along Office with the problem of construction plus the grades in front Building Mr Gray said that the Cary Memorial Trustees had indicated to the Committee that they were not in favor of having Cary Hall used in any way except as provided for in the will, They had agreed to hav- ing the Civil Defense located there but would not want the building used for other offices and would be just as happy to get Civil De- fense out of there. Mr Greeley suggested that correspondence with the Cary Trustees be put into the records for future reference If and when questions arise as to the use of Cary Memorial Building, the records should show that our judgment is made in terms of the gift. The Chairman said that there was a complete file stored in the vault at Cary, if somebody wanted to take the time to go through it. The Board agreed to answer the letter from the Planning Board, stating that the proposed plan including the Cary Memorial Building could not be used as it would not be in accordance with the terms of the will. The Chairman informed the Board that the Sister City trip to Mexico is scheduled for September 10, and he would be unable to at- Sister tend; he asked if any member of the Board could go. City No member of the Board would be able to attend. Mrs Sperduto was present at the meeting and the Chairman said that a representative of the Board would be unable to go to Mexico; the Board would continue to support the principle of the Committee but there mould be no public funds expended for this project. The Appropriation Committee is adamant on this and it had been made quite clear to the Sister City Committee two years ago,. Mr Mabee informed the Board that copies of a written report Drug Con- from the Drug Consultant would be mailed to them and members of the sultant Drug Advisory Committee. Report Mrs Davison, Mr Kula and three residents of Spring Street met with the Board regarding the underground conduit installation Spring proposed by the Telephone Company Street The Chairman said that a report has been received from the Under- Telephone Company and Mr Gray has met with them to discuss the ground plans As a result of the hearing on June 16, the question was Conduit 39 raised as to why the conduit installation couldn't come up Hayden Avenue rather than Spring Street and Marrett Road and bypass Spring Street As I understand the report, they would have to come up: Spring Street to Hayden Avenue. Plan "A", as submitted by the Telephone Company, involves building approximately 1900 feet of underground conduit on Marrett Road from Waltham Street to Spring Street and 4900 feet of underground conduit on Spring Street from Marrett Road to the Waltham line. Lateral connec- tions will be built from this new conduit system to the various side streets off Marrett Road and Spring Street to provide the underground carrying plant needed for the gradual removal of the existing aerial plant; at a total cost of $138,847. Plan "B" proposes to construct 5500 feet of underground con- duit on Waltham Street from Merrett Road to Hayden Avenue, 5500 feet of underground conduit on Hayden Avenue and 2400 feet of underground conduit on Spring Street from Shade Street to the Waltham line. It will still be necessary to build the 1900 feet of conduit on Marrett Road from Waltham Street to Spring Street because the State Department of Public Work's intention of re- paving Marrett Road in the near future. The total cost of building underground conduit on Hayden Avenue and Spring Street will be approximately $247,350. Mr Kula said that the Telephone Company is putting this in to service the industrial area and the last time the residents had met with the Board, after hearing the arguments presented, they are convinced of it. This plan does not serve Hayden Avenue. Mr Gray said that he had met with the engineers of the Telephone Company and they wily be able to serve Hayden Avenue from Spring Street at the cost they quote, bringing a separate line over and they will be able to expand down Hayden Avenue. Mr Greeley asked if they go down Spring Street would the cost be a great deal less than if they came around? Mr Dunn replied in the affirmative. A resident of Spring Street asked how much conduit is needed for residential and how much for the other side of Route 2? Mr Dunn said that they have trunks for Waltham, going from Waltham to Lexington The Chairman asked if they were going to loop these trunks? Mr Dunn replied in the affirmative. The residents objected to having Spring Street dug up and said that they are digging it up for nothing; Hayden Avenue is not occupied and it would cost them less money in the long run. Mrs Davison said that the residents hoped that the overhead lines would be taken down and underground conduit put in; if they felt they were going to get relief from poles and wires, they would get the benefits. Mr Dunn said that they are going to do this. Mrs Davison said that this plan ii to service an area that we are not pleased with and we are getting nothing for it. 99 Mr Greeley asked when the overhead wires Would be removed? Mr Dunn replied that he couldn't say when they would be re- I III moved They are on joint poles with the Edison Company and the Telephone Company can't tell them what to do. We are trying to meet some of the requirements and are putting in joint trenches for any new housing Mr Greeley said that it may be five, ten or fifteen years before there is relief on Spring Street by putting the overhead wires underground. Mr Dunn said that there is a plan of Hayden Avenue to put some underground as far as we can, but Edison has to go along with us about the poles The Chairman asked how much more would it cost to lay the cable? Mr Dunn said that cable is very expensive, based on so much per foot, weight and size of the cable. The Chairman said that they are saying if you spend the money now on Hayden Avenue, you won't have to spend it later Mr Kenney said that these people are trying to get answers. Mrs Davison said that it is just the basic alienation of the people; we have put up with hardships and see nothing in the future but that it would serve an area we would not be happy with The Chairman said that there could be no expansion of a resi- dential area; there is no room for development If Plan "B" is adopted, you have no way of getting relief from these poles. We Illdon't want the streets dug up any more than you do; regardless of what route is taken, your position is, it is not the money nor the conduit, it is really the whole ball of wax. Mr Dunn, Mr Kula, Mrs Davison and the residents were in- formed that the Board would take the matter under advisement Later in the meeting, Mr. Greeley said that he didn't think that a good comparison of Plan "A" and the long range cost had been given by the Telephone Company; they compared the cost of the installation projects on the basis of what we asked for. He was willing to approve the request but would like to ask the Telephone Company to give a careful statement of long range com- parison and what part would be put overhead. Mr Mabee said that he had mixed emotions about it as they didn't get all the answers; ,the people of Spring Street are irrational about their requests. He would be in favor of it if it improved the telephone service between Waltham and Lexington. Spring St Underground Upon motion duly made and seconded, it was voted to grant Conduit the petition of the Telephone Company to install underground con- duit service according to Plan "A" as submitted by the Telephone Company, subject to the preparation of realistic costs of the complete loop and the estimate of time of putting the heavier cable underground. L_ 400 Upon motion duly made and seconded, it was voted to go into ' Executive Executive Session for the purpose of discussing, deliberatifg or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 8 52 P.M A true record, Attest 1' Executive Clerk, Selectmen 541 / SELECTMEN' S MEETING August 26, 1968 A regular meetingof the Board of Selectmen was held g in the Selectmen' s Room, Town Office Building, on Monday evening, August 26, 1968, at 7:30 P.M. Chairman Cole, Messrs Cataldo, Mabee, Kenney, and Greeley were present Mr. Legro, Town Counsel, Mr Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works , and Mrs. McCurdy, Executive Clerk, were also present Mr. Gray said that the Board is aware of the reason for the meeting with Mr. Rowe of Whitman and Howard and Mr. Crimp, Architect, to evaluate what happened with the sewer on Philip Road last year After Mr Carroll left and we started on the road program for 1967, we had to eliminate Philip Road from the street contract; we don' t know how much it had sunk. It is operating as an inverted siphon and there was no purpose in finishing the road; obviously, it was not in good condition. I went up there with Mr Rowe and Mr Fein dug on both sides of the sheath- ing; one side had fallen away from a vertical position, permitting Subsequentthis , the fill to settle. to we had a meeting with Mr. Crimp and Mr Scofield to see if we Philip could come to some conclusion as to who would bear the re- Road aponsibility for the cost, $5,000 to $10,000 Whitman and Sewer Howard wrote to the Board and Mr Crimp stated his position. The Chairman said that the condition exists , which I gather, is through no fault of the Town itself Because of this condition, the Town is placed in the position where it will cost the Town money. Mr. Gray said that it has to be corrected Mr . Rowe said that he bad written correspondence and introduced Sid Bemus on the design supervision; be under- stands the problem, a construction problem. There had been a letter from Mr. Carroll on June 27, 1967 regarding a sewer settlement and inverse of both manholes Mr Bemus was asked to do some tests and undertake the investigation. He agreed to come down and excavate for us and did four tests, one on the opposite side of the downgrade, 40' to 50' back. He found in every case, gravel fill over peat. When the road was built, Whitman and Howard had nothing to do with the gravel, should be a complete excavation outside the sheathing. When the original survey was done, there was gravel in there. The Town did the survey, the records I showed that. The gravel was entirely away from the post center line, locating the fill in the gravel area. He located a manhole and the surge came up; we discovered the siphon. We think that the disturbing of the sheathing actually caused this . We believe if it was possible to build the road at all after the sewer was put in, to main- tain the wood sheathing would be very difficult I don' t know whether anything was done or not. I understand that nobody from the Town inspected it. When we put the sewer in, it was on an easement and Mr. Carroll told us to fill the sheathing with gravel, which we did Overburden of the gravel itself knocked the sheathing out and settled I have made an estimate, a rough one, and don't think it will cost more than $3,000 to do this job. The machinery used there, along the side of the sheathing, dug it out The weight of all this water, together with the gravel, stayed in position. When enough material was taken away from the sheathing . . The machinery went in there and somehow got too close to it . We believe that this explains it . Mr. Greeley said that you believe that the machinery did damage to it . Mr. Rowe said that he didn't think that 3" wood sheathing would normally fall apart . The Chairman asked who had the engineering contract? Mr. Gray said that Whitman and Howard had the road design contract at a later date The Standing School Building Committee put gravel in until some design was made; for the 1967 school year Mr. Rowe said that when we did Philip Road, we found peat within the limits of the roadway. Mr Cataldo said, what you are saying, the peat wasn' t really excavated. Mr. Rowe said there was peat there, under 6' or 7' of material; outside the sheathing on both sides . Mr. Greeley asked, do I understand that Mr. Gray said that the Standing School Committee put in fill without ex- cavating the peat. Mr Gray said that we talked with Hargrove to put a gravel road in during '67, how much engineering they did , I don't know. Mr Greeley said that the peat should have been ex- cavated and wasn' t. Mr. Crimp, Architect, said that he had a background of the study; he has been connected with the project be- fore the road was laid out - I laid out the school site for the Town. It was, at that time, not decided whether Philip Road would be run through. It was decided that the building would be in the location where it now is . I 543 This was the way it was put out for bids, at the time that the Middleby Road School was put out for bids . This was a very expensive site job because of the peat condition. It was investigated , borings taken. The contract for the building was not awarded with the Middleby Road School be- cause the award was not going to save the Town any money. When the money was appropriated, there was a legal question in connection with the Moreland buildings and Worthen Road some litigation when the Town appropriated the money for the Moreland School. Cleared up the legal question and the developer built houses and promised that there would be a school at that time. I visited the developer with Mr. Carroll to find out just what the developer was going to do. Actually, Moreland is an extension of Philip Road. We had an agreement with the developer that he would continue to a point where there would be a road structure from his develop- ment to the school and back out . Because of this understand- ing, we recommended that they change the layout of Moreland Road School, flip it over, with a turn-around , and had nothing to do with the development at all - tie it in with the road system - the road system would each be developed. After this had been done and the contract awarded , this road was simply a path on the plans and some time might go through. No plans on going through, disagreements with the developer, he refused to excavate the plot from this crossroad with Worthen Road - had very questionable access to the property. He had not developed at that time and there was some question whether he would and the Standing School Committee was in a quandry ad to access . We were stopped from using Rockville Avenue - seeing the possibility, recommended that they widen and put in later the Philip Road extension and our contractor would not be stopped and would have access to the property. The Committee agreed to take the matter up with Mr. Carroll and went into each detail with the construction - bad supervisory situation - told Mr. Carroll would remove this peat as an extra order site im- provement contract and put enough fill in there so we could use this road as an access . Authorized by the Building Com- mittee, using Scofield on the stock-and-time basis . This matter of holding the contractor responsible, he was working under my direction and it was under the Standing School Com- mittee. We had a project inspector on the job - Mr. Carroll was aware of what was going on. I had a Superin- tendent of Construction and I was here myself. We are thoroughly aware about the sewer going there. We have built a building there and this sewer line has not been damaged whatsoever. In spite of a bad soil condition we have the best type of construction We replaced the peat with gravel and allowed it to stand a year before going in. When we did go in, Thompson Litman made composition tests . As far as I 5 yH co care being taken in connection with the sewer, every pos- sible means of protection to the sewer line were taken. I am not underestimating or belittling one horrible mess, saturated area Went in there and dug this peat out as completely as anyone possibly could. Mr. Carroll saw it and we had a saturation condition here - put drain in to relieve the water. On a truck by truck basis , the fill was put in - to keep away from the sewer and the fact that there might be some peat outside and I think there is . It was perfectly all right, we didn' t get close enough to damage that sewer in construction of the road this section of the sewer would have to be reconstructed. This is the situation as I know it, because I was there and saw the entire situation - I have records of the material put in, approved by the Standing School Commit- tee. After this was done, a contractor supposedly did operate in that area. What he did , I don't know. My fear actually came to pass, Rockville Avenue was closed - was notified by an Attorney that we could no longer use this road. We had our road finished at 12 because we were stopped from using the road, and everything we did was absolutely justified . After it was cleared for our traffic, a contractor came in and did work in the area which blocked our passage. Mr. Carroll said it was a small amount of work they were doing and our traffic would not be delayed. The Chairman said that you mentioned that it was in- conceivable in your mind that work would not have to be done on that manhole? Mr. Crimp: I have been in practice over 40 years and I am not an engineer worked with Whitman and Howard and I am doing work of this kind right now, I am familiar with this operation. The Condition that we uncovered was bad, and quite possibly in our taking away the water and the flood peat, while we did not approaeh the manhole, it is perfectly possible that some of the material under the manhole was weakened. If the manhole had not been properly excavated it was obvious there would be trouble. There was no reason to suspect as we built the full length of the building, and to my knowledge there was no move- ment. There was no reason to believe a dissimilar situa- tion - that the foundation of the manhole was undermined. There is no blame on Whitman; I don' t know what the last contractor did. Mr. Rowe said that the sheathing was put in in 1964. Mr. Crimp said that when the other man put the lat- eral in, what was his operation? Mr. Rowe said that he excavated at the peat, by I 54/S driving sheathing - not good firm material we knew at the time. We have the plans to show the sheathing. Mr. Crimp said that originally all the peat was removed 10" within that area. This peat you say was there when the man did the lateral outside the sheath- ing. Mr. Rowe said that he followed the line; he showed a plan to the Board and said that he dug 3' into the gravel and put the manhole in. The Chairman said that if Mr. Crimp stayed from it, who did the digging? Mr. Rowe said that he did, he destroyed the sheath- ing and Mr Crimp agreed. The Chairman asked to whom should the Town look for protection in anticipating something like this? Mr. Rowe said that it was determined at the time Philip Road was being built, whoever the Town designated to build Philip Road The Chairman asked if there was any way for the Town to know that this could happen? Mr. Crimp said that it was an engineering risk that our office in laying out would assume that the sewer run- ning through would have to be investigated and corrected. Don' t know what this other man did ; I would assume that he would have it in his contract. Mr. Cataldo asked Mr. Rowe if he agreed with Mr. Crimp's statement? Mr. Rowe said it was moving equipment. Mr Cataldo said, I beard him say that Mr Carroll agreed to excavate and build . If this is the case, I understand you were not retained as Engineer You knew the sewer was there, you talked with Mr. Carroll, you knew our intent, I think we should look to you. We can't take the position that this would have to be re- built, a job three year' s old I can' t sit here and ac- cept this ; the Board looks to you, wherever the responsi- bility is . Mr. Crimp said that where you had another contractor in . . . Mr. Cataldo said that he can' t accept the fact that it was completely finished. You would say that he did not excavate to the sheathing, when it was agreed we would excavate to the sheathing. Mr. Crimp said that the understanding with Mr. Carroll was to make the road navigable; what we did would be permanent; we did not undertake to do anything in con- nection with the existing sewer. Mr Cataldo said that as far as the road bed was concerned , it was a SO' layout You knew the conditions w- and you say you worked away from the sheathing. How can we sit and expect that you did the full job? Mr. Crimp said, how can you say that when after I got through you got another contractor. Mr. Cataldo said that we did not get the job that we agreed to. Mr Crimp said all we did was , we didn't build the whole road bed, we built enough for traffic to travel through. Mr. Cataldo said that Mr. Carroll agreed we would not excavate Mr. Crimp said that he did not connect the road bed with the sewer system. Mr. Greeley said that there is a difference on point of fact, is it within the layout? Mr. Crimp said that it was within the layout . Mr. Rowe said it was within 7' of fill over peat . The same thing exists in parking lots, When it comes to building the access road, we make sure before putting in any drainage complete bearing material within SO' layout and then go in and construct the road Mr. Cataldo said that on the other hand, you know the conditions . You are building the road bed to take heavy traffic. Knowing what is there, how cars we accept it. Mr. Rowe said that when we finally did the actual construction plans, the highway department found peat within the area to be paved . We said we would take an amount of peat out and reported to Mr. Carroll that it should have been taken out before it happened, not down 6' or 7' Mr. Cataldo said that we have to look to each one of you - we have no qualms on fees or rates . You are representing the Town. Here we are with a mess ; the sewer is only two or three years old. I don' t agree that the Town of Lexington is responsible for the repair of the main under these conditions . Mr. Rowe said that it was put in, except the water control and the Town even after that had no problems with the sewer - then it was not the fault of construction. Mr Fein is here tonight, he inspected it and found noth- ing out of kilter. We are not sitting back, we aay we had nothing to do with it. Mr. Cataldo asked bow many feet of peat down at the main building? Mr. Crimp said that the boring plan went down 4 ' - in other places , 11' , it varied. Mr. Cataldo asked, every boring 2' to 1.' of peat? Mr. Crimp said, we did the same job at the time 1 5117 Mr. Rowe said that we had Haley in one time to re- route the sewer and it was costing us money to engage them; we did tests along the sheathing. The Chairman asked what it would take to correct this? Mr. Rowe said that the estimates are around $3,000. We could go on each side, we could relay the sewer and put a new invert on the manhole and put the whole thing on grade. We will make an estimate as to the cost. Mr. Cataldo asked if he was sure that it is located between two manholes? Mr. Rowe said that he was sure; he didn't believe there is any settlement between these two manholes . That line was originally put in for $20.00 a foot. Mr. Greeley said that he was guessing that the dis- turbed area is close to the new manhole . Mr. Rowe said that it is between manhole 47 and 48 Mr. Cataldo said that the main question is, who is going to pay for it? Mr. Rowe said, true. The Chairman asked if everyone is satisfied at this point? Mr. Greeley said that he wasn' t satisfied . He felt that we should hear from Mr. Carroll - we haven't had the benefit of hearing from him previously. If you are satis- fled •in regard to what he would contribute, I am satisfied. The Chairman said that if everyone is satisfied. . He could see no point in continuing the meeting. He would ask that Whitman and Howard and Mr. Crimp be available to meet with him or a member of the Board . Mr. Rowe agreed . He said that he had been handling all of the contracts in Lexington and, in this instance, he was not a qualified, registered Engineer. Mr. Crimp said that the Board had asked him to have Mr. Scofield here, but he is in Denver. Mr. Mabee asked if anybody disagrees with the esti- mate of $3,000? It would be well to have a firm figure. Mr. Crimp said that he was not convinced as to what has happened . The Chairman asked what he would require. Mr. Crimp replied, excavation . Mr. Rowe said that Mr. Wenham had seen the condi- tions at the sewer Mr Wenham said that he didn't see the pipe. The Chairman said that, in your engineering exper- ience, the conditions that caused this would lead you to believe that it couldn' t be any other possible thing. Mr. Rowe said not to my knowledge. The Chairman asked if he could accept this as en- gineering reasoning? 51/8 Mr. Crimp said, in spite of the fact that it is possible that the sheating and foundation had been dis- turbed, it would depend on the pipe which we removed . We have had experience in this field . Mr. Kenney asked how close to the sheathing? Mr. Crimp said, 10' . We were not constructing Philip Road, we were putting fill material in, in order to get access . It was an understanding that when we did the work, we would do it in a manner to provide a satis- factory foundation for a road. There was no design of Philip Road at the time. Mr. Rowe said that there wasn't because we knew the sewer settlement had taken place. qn order to put the road in, we would have to take measures on how the sheathing was disturbed. Mr. Crimp said that one place this base was put in was between 75' and 90' in width. Mr. Greeley said that the green on the plan was supposed to be what was put in; nothing close to what was put in. Mr. Rowe said that any thought given to put this in was that it will never have to be disturbed again, with a proper layout. It wasn't done that way. Mr. Greeley said that he thought it was said that in places it was 75' wide Mr. Crimp said that he doesn't see anything that doesn' t say that The Chairman asked if everyone is satisfied with all the facts having been brought forth? He thanked everyone for coming in and hoped that Mr Rowe and Mr. Crimp would be available for a meeting with the Board Mr Vocell of the Vocell Bus Company met with the Board . The Chairman said that Mr Vocell was granted a temporary franchise until September 3 for an extension to Vocell the Burlington Mall and is here to apply for a permanent Bus Co. permit. Mr. Kenney asked Mr. Vocell about the traffic count . Mr. Vocell said that it was growing. He could not submit a schedule tonight, but he believed that he would be able to within a two week period Mr. Kenney said that when you were granted the tem- porary permit, you were asked to submit a schedule before we would grant the permanent permit. The Chairman said that it would be more in line to give Mr. Vocell another thirty day extension. Mr Cataldo asked Mr. Vocell why he did not have the information for the Board. Mr. Vocell said that the Mall cannot get help on cer- tain hours and they want transportation on different hours . I do have the original temporary schedule. Mr. Cataldo said that the people at the Mail were aware of your deadline Mr. Kenney asked about bus stops . Mr. Vocell said that any place along the Middlesex Turnpike, anyone who wishes to gain admission to that bus all they have to do is flag it down - there are no set stops . The Chairman asked him if he had any kind sof esti- mates that are rather rigid. Mr. Vocell said, not in Lexington; roughly, I might carry thirty passengers in the course of a day, mostly from Four Corners , Lowell and Woburn. I have made plans for the beginning of school. In the past when I operated as far as Four Corners, there were a great many children, 25 to 30 children, Girl Scouts, etc. in that area. The Chairman asked him where he hit Lowell Street and Mr . Vocell replied that it was at Russell Street. Mr. Kenney said that the thing that concerns us the most is the number of stops on Lowell Street, we can't leave it for him to stop at the passengers ' convenience. Mr. Cataldo said that we were specific with Mr. Vocell that be was to have specific bus stops . Mr. Vocell said that people won't walk, they like to be picked up at their door I am willing to make any stops that you desire. Mr. Greeley said that the bus that comes from Har- vard Square to Maynard stops at customer selected stops and I don't feel it should be allowed along Lowell Street, it' s not safe. The Chairman said that Russell Street is in Woburn and the extension is East Street. Why not have stops on Woburn Street, Fulton Road, East Street, Thoreau Road, and North Street Mr Kenney said that Mr Vocell should meet with the Traffic Committee and designate the stops . Mr Legro said that the statute clearly says that the permit can be issued as the Board can determine. Mr. Greeley suggested the issuing of a permit, sub- ject to working out with the Traffic Committee. The Chairman said that we can amend the vote from sixty days to ninety days . He asked Mr Vocell to deter- mine where the best stops would be. Mr. Greeley said that this is a mutual thing; with his experience, he should know where he would like to have them. The Traffic Committee might decide on an inspection - it is a bad intersection at East and Lowell Streets . I 590 Mr. Gray suggested that Mr Vocell meet with the Traffic Committee on September 4 and they would look at the bus stops; the stops have to be painted and signs made. Upon motion duly made and seconded, it was voted to amend from sixty days to ninety days the original permit issued to the Vocell Bus Company for an extension from Lowell and East Streets to the Burlington Mall. Mr. Vocell is to meet with the Traffic Committee on September 1., 1968. Mr. Gray said that the Public Works Department had re- ceived bids on the resurfacing program Mr. Burke recom- mends that the contract be awarded to George Brox. , Inc. , Resur- for $59,300. facing Upon motion duly made and seconded, it was voted to award the contract for the resurfacing of streets to George Brox, Inc. , 1L171 Methuen Street, Dracut, in the amount of $59,300. Mr. Gray said that he had talked with Mr. Jenkins, who has a subdivision off Massachusetts Avenue, regarding a pedestrian easement . I pointed out that it wasn't planned on doing anything as this would have to be accepted by Town Meeting. Mr. Legro said that it would have to be laid out and accepted in the same manner as a street . Mr. Gray said that there were no funds and we couldn't do anything until an Article was put in the Warrant . The Chairman said that this will be filed as an item to be considered to be an Article in the Warrant . The Chairman asked if it should be voted to put it in the Warrant. Mr. Greeley replied in the negative, but it will be decided at the time Warrant Articles are discussed. Mr. Gray said that a request has been received from July 4th the Lions Club to hold a July ?nth celebration during July 1-5, 1969 at the Lexington Center Playground . It was agreed to hold the request until Mr. Gray gets more information . Mr. Gray said that Public works requests a transfer for road machinery in the amount of $1;800. He said that Public the Appropriation Committee said that when we needed the Works money they would give us a transfer from E &D. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer in the amount of $1,800 to the Public Works Department for road machinery 1 5S, Mr. Gray said that a letter had been received from Mr. Martin regarding the need for a policewoman at Grove and Eldred Streets for kindergarten children. Mr. Gray said that we had pointed out this problem to the School Commit- tee when they started the kindergarten program. The Chairman said that, earlier, they bad extended the sidewalk on Grove Street 140 feet. There is nobody to cross the children over and it is a dangerous inter- section. Mr. Greeley asked if they need a continuation of the sidewalkon one part of Grove Street. The Chairman said that has been one of the suggestions, the other one was to have the children bussed The School Department has said that if the Traffic Safety Committee recommends that they be bussed , they will do it. _ Mr. Gray said that the Traffic Safety will not do it, it is up to the School Committee. Mr Kenney asked how many feet of sidewalk were needed? Mr. Gray said that there is a construction problem, which is why the sidewalk is on the other side. The Chairman said that if we want a Policewoman, ask for a transfer. We know the money is down. Mr Gray said that he didn' t think one crossing guard can handle the situation, the distance between Eldred and Dewey is great. Grove and The Chairman said that the traffic travels very fast Eldred during commuter hours, about 11.0 miles an hour. The rise Streets prevents proper sight vision. Mr Cataldo asked what happens at lunch time? The Chairman said that Policewomen do extra duty. We will recommend to the Traffic Study Committee that they pursue it with diligence. If they have a recommendation notify the School Committee in advance. Mr. Cataldo asked where do we stop? Mr. Gray said that parents could be expected to assume some responsibility in getting the children to school. The Town shouldn't have to take every burden. The Chairman said that he has explained the background to the neighbors . It started with summer kindergarten when the parents were responsible for the children and graduated with different parents . We were not a party to the first agreement saying they should be bussed I hate to see children placed in a precarious position in traffic The Traffic Safety Committee will take a look at it. Mr. Cataldo said that the Town accepted 90 percent of parental responsibility with kindergartens . The Chairman said that the Board is in complete agree- ment to refer this to the Traffic Safety Committee. Mr. Gray said that a letter had been received from the Planning Board regarding the sale of tax title lots 196, 56.2 W 2e w.w. 197, 198 Emerald Street, which stated that the Planning Board recommends against the sale of these lots .*t this time. The Chairman said that, in Meagherville, the Plan- ning Board recommends against the sale, giving us the "out" if we had compelling reasons. Mr. Gray said that he will write and ask Mr. Ritchie if he is interested in building under the Planning Board recommendations. Tax Mrd Legre said that there are several lots before Title you get these lots. If they acquire these . . . Mr. Gray said that the Planning Board strongly urged that if the lots are sold, the three 40 foot wide lots be consolidated as a single building lot with 120 foot front- age. Also that Emerald Street be constructed to Town specifications, including the installation of utilities, either by Town Meeting acceptance or under the subdivision control law, before the consolidated lot may be built upon. Upon motion duly made and seconded, it was voted to accept the recommendations of the Planning Board regarding the sale of tax title lots 196, 197, 198 Emerald Street. Mr. Gray read a letter from the Planning Board which stated there was no objection to the sale of tax title lot 53 Valleyfield Street to Mr. Luongo, owner of the adjacent lot, provided the two lots are combined into one so that Luongo Tax lot 53 will not be available as a separate substandard Title building lot. There is no objection to the sale of tax title lot 52, map 24, comprising recorded 501 wide lots 94 and 95, as one consolidated 100! wide building lot and not as two 501 wide substandard lots. The Chairman asked how Mr. Luongo wanted to inter- grate with his own lot? Mr. Cataldo said that if he only wants one lot, I am against it; it would be better to sell the whole 100 feet. Mr. Gray is to talk with Mr. Luongo. Mr. Burke said that we expect delivery the end of October on our new Insley Shoveldoaer and the Mass. Hard- ware would like permission to display this equipment at the exhibit. Shovel- Mr. Greeley asked if they would be responsible for dozer transportation. Mr. Burke said that they would. They get various types of equipment; some towns take pride in having their equipment displayed. Mr. Mabee said that we should take delivery after they show it as a piece of their equipment. Mr. Legro asked if it had been built to Town specifi- cations. Mr. Burke said that it had been. • 553 Mr. Legro said that we could arrange for an agree- ment between the vendor and the Town and title will not pass until it has been delivered to Lexington. Mr. Cataldo said that he had a reservation - if a piece of our machinery breaks down, we don't let it go. We want immediate delivery and not allow it to be shown. Mr. Burke said that he would take care of the details. Mr. Allia and Mrs. Connolly met with the Board. Mrs . Connolly said that the reason we are here this eventing, we stopped in to look the construction job over, it appeared as though at the back of our property line, the contractor has built a road and halfway down the roadway the gravel was booked up - they built a mound 12' high and we ask where the contractor got that gravel to build it up to that extent. We spoke to the Town Engineer and he said if we weren't satisfied, it was up to us to talk to the contractor. We have no negotiations with the contractor and we want to bring this to the attention of the Board. I get nowhere with Mr. McSweeney, he baa many variations every time we talk. I was assured that we would receive some sort of letter telling us what is going to transpire; to date we Revere have received nothing. Street The Chairman said that Mrs. Connolly is dissatisfied because the contractor is overstepping the easement. He asked if the contractor is using the road? Mrs. Connolly said that he is and is takingup the whole center of the property, be has ripped up 0' to 50' to lay that pipe. The Chairman said, the sewer lime going in on Revere Street is cutting through other property and will cross Revere Street. The Board has adopted an order. Mr. Legro said that Mrs. Connolly will receive the notice of the Order of Taking this week. Mrs. Connolly said that there was no reasoning on this project. The Chairman said that be had spent some time there and had followed the truck on Town property until we hit the property at 9 Revere Street - the rear end of the property was dug up and the road in veered off to the right. It would appear from the stakes that were there that the_Contractor was completely beyond the easement. Mr. Gray and Mr. McSweeney have looked at the project. MAL Connolly said that they are taking away a lot of her soil; they have taken it all and spread it. Mr. Allia asked where could they get so much gravel, apparently they are taking it off our land. Mr. Kenney asked if they had asked the Contractor? The Chairman said to Mr. Connolly, you informed the Contractor that he was tresspassing over your property. Mr. Gray said there was no question but that he was outside the easement . The Chairman said that according to the stakes, he has gone beyond. Mrs. Connolly said that he has taken all this be- yond the easement; he built a 301 roadway. Mr. Legro suggested that any questions about the Contractor being outside the easement, that the Board contact him and get the exact story so that it is known. Mr. Allia said that obviously, they are -not going to push that gravel back.) I did notice that in thi-s vici- nity there is a manhole built, 71 or 8t ; it appears that this is being filled in to take up the slack, by so doing, to eliminate any further digging going down; to cover that, they have to fill it in. The Chairman said that we will take Mr. Legrols sug- gestion and have Mr. Gray contact Mr. Fein and find out what is going on. Mr. Gray said that he will check and find out. Mr. Greeley said that the intent is to restore it at its natural condition, not lower. Mrs. Connolly said that they want to know how this whole project will finally terminate; the people that ere living there are very much concerned. You should stop all this until we come to some agreement. Kra. Connolly and Mr. Allia retired. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion concerning matters pertaining to litigation and negotiation, it was voted to resume the open meeting. Mr. Legro informed the Board that be had prepared the Orders of Taking on the other part of the Revere Street sewer easement. The easements taken on the parcel owned by John B. Heaney and Anne Hayford include a temporary easement 101 in width extending along the entire length of Order of the westerly boundary line of lot 3. Taking Upon motion duly made and seconded, it was voted to adopt the Order of Taking on a sewer and drain easement, extending southerly to an existing drain easement, on the property owned by John B. Heaney and Anne Hayford, 21 Revere Street; no damages to be awarded. Mr. Legro said that, on the parcel owned by Joseph C. and Philip L. Tropeano, the easements taken include a 20' Order of sewer and drain easement extending southerly from Revere Taking Street along the entire length of the easterly boundry of lot 2, a 101 construction easement in said lot 2 abutting the westerly side line of said 201 sewer and drain ease- ment, and portions of a 301 sewer and drain easement and 55$ 1 a 20' construction easement along the rear boundary line of an unnumbered lot. Lot 2 and the unnumbered lot are owned by Joseph C. and Philip L. Tropeano. Upon motion duly made and seconded, it was voted to adopt the Order of Taking on a sewer and drain easement, ex- tending southerly to an existing drain easement, on the property owned by Joseph C. and Philip L. Tropeano, 12 Revere Street; no damages to be awarded. Mr. Legro said that, on the parcel owned by Louis and Alba Tropeano, the easements taken include a 301 sewer and drain easement extending the entire length of the easterly boundary, and a distance of 98 feet, more or less, along the northerly boundary of lot 1, and a 20' construction Order of easement and a 10' construction easement, each of which Taking abuts a portion of the westerly side lin, of the 30' sewer and drain easement. Upon motion duly made and seconded, it was voted to adopt the Order of Taking on a sewer and drain easement, extending southerly to an existing drain easement, on the ppoperty owned by Louis and Alba Tropeano, 191Revere Street; no damages to be awarded . The Chairman read a letter from the ABC regarding the provisions for the sale of alcoholic beverages on July 4, 1968. ABC Upon motion duly made and seconded, it was voted to accept the recommendations of the ABC regarding the sale of liquor on July 4, 1968. Upon motion duly made and seconded, it was voted to grant permission to the Five Field Community to hold a square dance at the junction of Field Road and Barberry Permit Road on August 30 1968 from 7 P.M. to 12 M. Rain date is August 31, 1963. Upon motion duly made and seconded, it was voted to grant permission to the Stanley Hill Post No. 38 to hold Permit the installation of officers at Cary Memorial Hall on September 21, 1968 from 7:00 P.M. to 9:30 P.M. The Chairman read a letter of resignation from John J. Garrity as Fence Viewer for the Town. Upon motion duly made and seconded, it was voted to Resigna- accept the resignation, with deep regret and great appre- tion ciation for his contribution to the Town over the years, of John J. Garrity, Fence Viewer. The Chairman read a petition from the residents of the Manor Section regarding the increased low-flying air- Petition plane traffic from Hanscom Field. He said that they should 556 c be sent a copy of a letter received from Edward King, Direc- tor of the Massachusetts Port Authority, which states that Trans East Airlines has inaugurated service from New Hamp- shire to Bedfordand from Bedford to New York City. The letter further states that there are no plans for Hanscom Field becoming a major passenger terminal. Mr. Legro said that they did make a commitment not to approach or take off over the Parker School. The Chairman said that there is a set-up at Hanscom Field whereby any citizen may call up and report if a plane is too low. A copy of this petition should be sent to the Military and Edward King. Upon motion duly made and seconded, it was voted to sign the Certificate of Incorporation for the following: Lucia Kingery, 44 Bertwell Road Cert. of "Fernboro Street Association, Inc." Inc. Robert J. Brennan, 21 Buckman Drive "North Boston Obstetrical and Gyne- cological Society, Inc ." The Chairman read a letter from the CIO, requesting a meeting with the Board. The Chairman said that he saw no objectiod to meeting with them. The Board will designate a representative. Mr. Legro said that was what Harrington was asking for, someone designated by the Board, with authority to make decisions to report back to his constituents, he is your bargaining agent. Mr. Kenney suggested Mr. Gray. The Chairman said that he would like Mr. Legro to AFL-CIO be a party to this - someone on our aide with a knowledge of law. Mr. Legro said that in some cases, Towns have used Town Counsel and City Solicitors. Others used special Labor Counsel. In many other instances, the head of a department, Sehool Committee, a negotiating team; there is much merit in that. If you have Counsel to negotiate with them, that' s about as far as you can go. This is it, there isn' t anybody else to go to. I think, apart from negotiating sessions, you consult with Town Counsel. The Chairman said that this Board will designate cer- tain people and they will report back to the Board, ( of which Town Counsel is not necessarily a member) . Where we are setting up ground rules, would this seem reasonable to the Board, Chairman, head of department involved, and the Executive Assistant - to report back to the Board? Mr. Legro said that something like that has worked out in a number of cases. I would be perfectly willing L_ 557 to try it that way, to have the negotiating team come back to me. Upon 'motion duly made and seconded, it was voted that the Chairman of the Board of Selectmen, the Executive As- sistant, and the Superintendent of Public Works be desig- nated as a negotiating team, with no authority to make commitments, to negotiate with the AFL-CIO. The Chairman asked Mr. Gray to set up a meeting with Mr. Harrington during the day. Upon motion duly made and seconded, it was voted to approve the appointment of Election Officer Edna F. Appoint- Marshall, 110 Woburn Street, Democrat; replacing Mary A. ment Spellman, 24 Shirley Street, Democrat. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on Minutes August 12, 1968. Mr. Kenney asked about the Woburn Street School site. Mr. Madoono, owner of land in that area, asked if it would be taken. Was this voted in 1965? Mr. Cataldo said that it was 1962. Mr. Kenney said that we should determine with the School Committee, do we want this land? Thee people have been waiting for years; the point is, if we want it, take it . Mr. Gray said that we should contact the School De- partment. Land The Chairman said to ask which ones they feel we should Acquisi- pursue and which to abandon. tion Mr. Cataldo asked what land we had taken on this site. Mr. Legro said that all we ever did on it was to get some sort of sketch. Two or three people gave us options which expired. To my knowledge, the sketch plan was great- ly inadequate. Mr. Gray said that the Article was worded in a broad sense - 300 acres. Mr. Legro said that in 1962, Harold Stevens made it as broad as he could. Mr. Greeley asked if the School Site Committee still exists and he was told that it does not. Mr. Mabee said that the Lloyd land ought to be looked into. The land is going up $1,000 a month. We voted to take it. Lloyd The Chairman said to make a note on this and to give Land it to Town Counsel to make a taking. Mr. Gray said that he will talk with Mr. Lloyd. 558 co Mr. Cataldo asked in what direction we are going for a Dog Officer; under what conditions we are going to hire one . We should be ready to move in a few weeks. We have to decide how we are going to set it up. Mr. Mabee said that he was against the truck. Mr. Gray said that there was no money to buy a truck; there is only the salary and $600 for expenses. The Chairman asked where we would put the stray dogs. Mr. Legro said that the By-Law does not require that they be picked up. The Chairman said that they are now going to Dr. Smith. Mr. Gray said that Dr. Smith feels that if the law is diligently enforced, he does not have the space. The Chairman said that we should put an ad in the paper. Mr. Cataldo askad if we are going to hire a full time Dog Officer? Are we going to hire one man, or one with an Assistant, or what? The Chairman said that we have $5600 and we will hire one man. Mr. Cataldo said that we will not get seven days covers age with one man. We have to have at least two men. The Chairman said that we could have atDog Officer and an Assistant. Mr. Cataldo said that he would be on call seven days a week; we have to take it out of the Police Station. Mr. Greeley asked why the Police Station can' t take the calls. The Chairman said that it was not designed that way. We should advertise for a Dog Officer. Mr. Cataldo said that we should talk with Dr. Smith. It was agreed that Mr. Gray would put ad ad in the paper this week for a Dog Officer. Upon mation duly made and seconded, it was voted to adjourn at 10:50 P.M. A true record, Attest: rr nw,. 2 e r L 4 Executive Clerk, Selectmen I 5 5q` SELECTMEN'S MEETING September 9, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday even- ing, September 9, 1968, at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mr. Gray, Executive Assistant, Mr. BurkeSuperintendent of Public Works, Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Execu- tive Clerk, were also present. At the request of the Town Clerk, three jurors were drawn as follows: William F. Sarles 54 Ledgelawn Avenue Jurors Alvin Cronig 7 Deering Street A. Thomas Ferry 23 Columbus Street Mr.-Gray read a letter from Mr. Irwin, Building In- spector, which stated that the Municipal Building Officials Conference would be held at the Univer3ity of Massachusetts Bldg. and, as he would attend, he suggested that Richard Soule be Dept. appointed Substitute Inspector. The Chairman said that an Assistant Building Inspector should have been appointed by October. Mr. Gray said that the Appropriation Committee has ap- proved a transfer for the lease of additional voting ma- chines and the Town Clerk has submitted some figures to be discussed, The cost for the rental of seven used machines (these have been used twice) with an option to purchase, is approximately $1330. A new machine costs $2019 and a used machine, $1798. The rental for one day is $300. At the present time we have forty-two machines and the Voting ma- chine Company recommends fifty-four machines for the number of registered voters in Lexington. With the rental of the Voting seven used machines, we will be only five machines short of Machines the recommended number. The Chairman said that we have been trying to stay with the State requirements for the number of voters per machine and we have problems. With the amount of money available, we can rent them with an option to buy. Mr. Gray said that we would have the use of them for a year. If we decide to buy them we will get full war- rantee. We could put an Article in the Warrant and Town Meeting could vote approval or not on this. U 5 60 CLc Upon motion duly made and seconded, it was voted to grant approval to the Town Clerk to rent seven used vot- ing machines, with an option to purchase, for approxi- mately $1330, including delivery to Lexington. Upon motion duly made and seconded, it was voted to sign the order for assessment of betterments for the Sewer & sewer construction on Holmes Road, Thoreau Road, North Water Street, Burroughs Road, Graham Road, and Worthen Road, Orders and for assessment of water betterments on Meadow Brook and Wellington Lane Avenue. The Chairman read a letter from the ABC regarding the sale of liquor on Primary Day, September 17, 1968, which stated that hotels, restaurants, taverns, clubs, and package goods stores shall not sell or deliver al- Liquor coholic beverages during polling hours unless they are authorized to do so by vote of their respective Local Licensing Authorities. Upon motion duly made and seconded, it was voted that motels and package goods stores may sell and de- liver liquor during the regular hours on Tuesday, Septem- ber 17, 1968. Upon motion duly made and seconded, it was voted to I.D. Card authorize the Chairman to sign Liquor Identification Cards for Ann Linnell, 285 Lowell Street and Elizabeth M. Chatel, 122 Grove Street. Upon motion duly made and seconded, it was voted to Permit grant permission to the residents of Benjamin Road to hold a square dance on September ].L., 1968, from 6:00 P.M. to 11:30 F.M. The Chairman informed the Board that a petition had been received requesting a Policeman at Bedford and Eldred Streets. The Chairman said that he didn' t know if the Police Department is in a position to handle these requests. I Petitions have also received a request for a crossing guard at for cross- Adams Street and Coolidge Avenue; the sight distance is ing guards small at that intersection. The normal procedure would be to refer these requests to the Traffic Study Committee. The people on Eldred Street are aware that a traffic study is being made but they are in a hurry to have something done. Mr. Gray said that, because of kindergarten, we have five or six requests for school crossing guards. The traffic Committee is trying to come up with some criteria and set of standards; we hope to report back to the Board very shortly. L The Chairman said that he has been called by citizens; this one seems to have more merit than most. Mr. McSweeney said that Chief Corr has pointed out that there is a problem. If the crossing guard is out be- cause of illness, etc. , he has to cover with an officer. If there were five or six out on the same day, he would be in trouble. Upon motion duly made and seconded, it was voted to refer the petition for a policeman at Bedford and Eldred Streets and the request fbr a crossing guard at Adams and Coolidge Avenue to the Traffic Study Committee. Mr. Kenney said that sidewalks would help. Some loca- tions have precedence over others, such as Adams and Coolidge Streets. The Chairman said that we are losing sight of the fact that at the time of budgets, on sidewalks you have more pressure than we can cover. Mr. Gray said that a lot can be solved with short ex- tensions of sidewalks on the other side of the street. The Chairman said that parents are concerned for the safety of their children, whether one or fifty children. We get requests for areas where only two or three people use them and we say there isn' t enough traffic to warrant it. Mr. Kenney said that a little sidewalk money spent would cure some of these problems. We might use as a basis next year that another $20,000 for sidewalks and we won't have to hire policemen. Mr. Gray said that we could also mention the school bus, it costs $900 a day for busses. Upon motion duly made and seconded, it was voted to ap- prove the Minutes of the Selectmen' s jesting held on August Minutes 26, 1968. Mr. Gray requested the Board to sign the contract for highway maintenance for resurfacing the streets awarded to George Brox, Inc. in the amount of $59,300. Mr. Gray said that Mr. Legro is not satisfied with the corporation vote Resur- and asked that the contract be signed, subject to Mr. facing Legro' s clarification of this point. Contract Upon motion duly made and seconded, it was voted to sign the contract awarded to George Brox, Inc. , subject to the clarification of the corporate vote by Town Counsel. Mr. Gray said that Mr. Burke, Mr. McSweeney and he would like to present a problem on the streets to be re- Resurfac- surfaced. ing Mr. Burke said that in connection with resurfacing Lowell - work, $15,000 was appropriated for Lowell Street from the Woburn St I 562 L^ northerly end, Laconia to Woburn Street, Looking at the project and the program, we found that a sewer is proposed for a section of Lowell Street, Oak Hill, and this surface will have to be torn up, when the sewer is installed. The trunks are going in this year and we could hold $15,000 and resurface the street afterwards, or, looking at Woburn Street, we propose doing Massachusetts Avenue going toward Lowell Street; there are 320' of sewer in the street; we can get pretty close to Utica Street. The Chairman said to resurface the street and then put the sewer in would aggravate the people in Town. Mr. Cataldo askod if the repaving budget is greater than last year. Mr. Burke said that it is $40,000, plus the money ear- marked for Lowell Street. Mr. Cataldo asked if Woburn Street was to be paved next year; if we don't get an extra $15,000 next year, we would have lost nothing. If we pave Lowell Street this year, we would get Woburn Street. Mr. Burke said that we could only do part of Woburn Street, the section that has no sewer. The Chairman asked about laterals. Mr. Burke said that they had knocked out over a mil- lion dollars. Mr. Gray said $1,3001000. The Chairman said that he would be surprised if the requests were less than $1,300,000. We should put more money in sewers. We met with the Appropriation Committee and asked to get the same number of feet. Mr. McSweeney said that by next spring, we would have opened up a number of areas of sewer laterals. The Chairman asked the Board' s feeling regarding Mr. Burke' s proposal to pave Woburn Street this year. Upon motion duly made and seconded, it was voted to pave Woburn Street in place of Lowell Street. Mr. Taylor, Chairman of the Permanent Building Com- mittee, met with the Board Mr. Taylor said .that there was a problem on the Bowman School playing field area; it is so wet that it Bowman- is unuseable. The Park Department can' t cut the grass Clematis and there is some settlement. The School Department is Brook upset and so are the parents; they have met with the PTA on it. We are at a loss on how to remedy the situation. As you know, that area was not the best school site. We were given the job of building and the peat was excavated and refilled. Studies indicated that the water level was low - the studies were made during a dry spell; the water I 563 cane up gradually and in the spring, it is like a sponge. It can't be used and it can' t be mowed . We have had some studies made and it has settled. We have money and could build and bring it up to grade but there is a solution proposed by our Architect to lower the water level in the area by 2' and it would eventually dry out. The Chairman asked how he proposes to lower the water table. Mr. Taylor said that we have bad a profile made on Clematis Brook. There are some obstructions and if cleaned out, it would let that area drain out and it would lower the water in the area. We have had a meeting with Mr. Mc- Sweeney and there is a general agreement with that situation. If we did this, we would have a useable playing field. The Chairman asked where Clematis Brook runs . Mr. Greeley said that it runs from Swenson Farm to Waver- ly Oaks to the Charles River. The Chairman said that in order to do something like that we are going to be involved with the Hatch Act or special legislation to allow us to do it. Mr. Taylor said that the Hatch Act is involved with filling. The Chairman said that the Hatch Act was involved several years back, we had to have special legislation to work on Kiln Brook. Mr. Greeley said that we ought to operate within the terms of the Hatch Act. Mr. Mabee asked if dredging and fill will do the job. Mr. McSweeney said that we reviewed the situation. We can lower that brook 2' . There is a tremendous amount of rubbish work to be done to relieve the problem as it exists now. We propose to have the contractor clean it out. I don' t believe it is the final solution as far as the playing area is con- cerned. The Chairman said that you are looking for a permanent solution, aren't you. Mr. _Taylor said that the Architect believes draining would support enough fill to bring it up to grade. His feeling was there was a dry crust of peat. Mr. McSweeney said that he finds this questionable. We have been out there twice and have been standing in water. It is hard to believe with all this peat. The Chairman asked if he would fill over what is there? Mr. McSweeney said that there are boulders and the water reaction is pushing it right up to the top. Mr. Cataldo asked how much gravel fill he was thinking of putting in. Mr. McSweeney said that some areas have sunk and it drops off in other areas; it is not gold as a playing field. Mr. Cataldo asked, you are not thinking of raising it? Mr. Taylor said, no; if you could get a dry crust . . . C.� 5bt f': Mr. Cataldo said that you have to get a deep enough crust. Mr. Greeley said that he felt that lowering the water table was desirable . Mr. McSweeney said to lower it 2' ; we are talking about relining the brook vertically. Mr. Greeley asked if we do this much, is it a wasted step? Mr. McSweeney said that it would not be. The Chairman asked what effect it would have on Belmont. Mr. McSweeney said that this would be part of the inves- tigation if we go ahead. We would be just putting a proper profile through the brook. Mr. Greeley asked if there was an estimate of cost. Mr. Taylor said that Mr. McSweeney gave a rough esti- mate of $8500. The Chairman asked if the cost would come out of their funds. Mr. Taylor said that we had investigated doing it with our funds but Town Counsel told us that you would have to get Town Meeting to transfer funds. The problem is we have an unuseable playing field; if we wait until next year, it will be another year that we have been unable to use it. The Chairman said that Mr. McSweeney and the Architect are not in complete agreement. Mr. Taylor said that they don' t know of any other solu- tion. The Chairman said that you weren' t on the Committee when the site was selected. There was some question of the .site at the time. Mr. Taylor said that he was on the oommittee and they were told to build there. Everyone knew it was a bad site; a lot of money was spent to dig out the peat. At this point, I don' t know wb t else we can do. Mr. Mabee said that their own specifications were writ- ten for the playing field area and asked if it was his feel- ing that it was a calculated risk as to the useability when they put it out to bid? Mr. Taylor said that there was a low water table be- cause of dryness - we didn't anticipate this. It shouldn't be hung on the Architect when you get into sites like this . Mr. Mabee said that a lot of money would have to be spent on it. Mr. Taylor said that a drainage system would have to be put in or take out the peat. We want to let you know that the situation is out of our hands if it involved the brook. The Chairman said that you are resigned to living with it for another year? Mr. Taylor said that they had told the School Depart- ment that we weren' t going to get it solved. ' 563 II Mr. Greeley said that the School Department didn' t se- lect this site. They didn' t want the Oak Street Hill as it was not centrally located. They asked the School Sites Com- mittee to pick a site, which was done. Mr. Taylor said that the ultimate selection was made by the School Committee. The Chairman said that we can' t do nothing. If you are asking us to have the Engineering Department look into it, if this is a feasible way of solving the problem, we would go along. Check it out. Mr. Mabee said that if we lower the brook 2' , what other advantages and benefits would there be. Mr. McSweeney said that there are mosquitoes and the children can' t leave the paved area and step on the grass; even the ball fields overflow. = will bring up the point with Mr. Crimp that I don't believe that he can go in with gravel and expect that we are going to have ball fields. I think that they are going to sink right into the peat. Mr. Greeley said that we proved this to ourselves. Mr. Cataldo asked how many feet of peat? Mr. McSweeney said that he knows it would be 1' . There should be a soil study. Mr. Mabee said that for the surrounding areas to be moved and kept up, we might as well solve this and do it now. Mr. Taylor said that if we can accomplish this, it would be a great step. Maybe we can move the building and put the ball fields there, I don' t know. The Chairman said that the Engineering Department will investigate the possibility of this solution and, if it is feasible, to take the necessary steps from there. Mr. Cataldo said that our Engineering Department has looked at it. He wants to know who isBo B in to pay?? Is it P your position, if we can use your money . . . . The Chairman said that it requires a vote from Town Meeting to transfer money. Mr. Cataldo asked if there is no way we can take that money and use it. Mr. Taylor said that you can' t do it without a transfer, without Town Meeting. Mr. Cataldo said that this is the time of year this should be done. We know the brook can be cleared, we know it is an advantage. The Chairman said that Mr. McSweeney feels that this isn't exactly so. Mr. McSweeney said that we can do this, but don' t think it will end it. If you are looking to clear the brook, it is time to start drainage; we have to go in with pada. Mr. Cataldo said to say that Town Counsel is to use their money and do it. riii6 Mr. Taylor asked if there is any way you can do the work this winter, before Town Meeting? The Chairman said that the only way is to convince the Appropriation Committee. Mr. Greeley said that we should go ahead with clearance under the Hatch Act and Town Counsel is to find a method to pay for it. Upon motion duly made and seconded, it was voted to go ahead with clearance under the Hatch Act and Town Coun- sel is to find a method to pay for it. Mr. Gray said that Mr. Bond is here tonight to dis- cuss the bids on the swimming pool. There have been a lot of problems . The original estimate was $20,000 and we bad to ;go back to Town Meeting when it went to $30,000. When John Carroll hired Camp, Dresser and McKee for the design work, the contract was for $5500. Bids were received in May for $51,747 and $60,900; these were rejected. The present bid of $36,600 included tying in the existing wad- ing pool with the new pool; there is an existing difference in elevation between the two existing pools and difficulty with control of the water. It was our recommendation to delete the tying in of the pools and also the concrete aprons for $2500, but not to delete the electrical work at $3500. We are now talking about a bid for $30,300 to in- clude the filtering system and electrical work. Our sug- estion is to ask the Appropriation Committee to transfer $5800• if we don't get it, we cant go any lower. We have 424,500; we have paid Camp, Dresser and McKee $3500 and have revised the specifications three or four times. Mr. Kenney asked how the bid went from $60,000 to $36,000. Mr. Gray said that a pit, 12' x 1B' , to house the filtering equipment cost $18,000; we knocked that out and put the equipment above ground. The Chairman said that the estimates are so far off. Mr. McSweeney said that the same people who brought in the original estimate of $22,000 came in with the esti- mate of $55, 000. We reviewed the site and did away with the house, took off $20,000 or $25,000 and brought it to $30,000. We altered the filtering system and eliminated the structure and asked them to bid; the same people came in with a bid of $30,000. The Chairman said that if our operating budgets were looked at, the money would be in the Reserve Fund. Mr. Bond said that be bad spoken to Mr. Carroll about not hiring Camp, Dresser and McKee as he felt that the job should go to a Pool Company. The Consultant at Camp, Dresser and McKee is not as qualified to discuss this as the fellow from the Pool Company. 561 The Chairman said that it is normal for an Engineer to have confidence in an Engineering firm. It was agreed to request $6500 instead of $5800. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund in the amount of $6500. The Chairman read a letter from Mr. Shepp of the Lexington Tennis Association requesting a timetable of the proposed tennis facilities for the Town. Mr. Mabee said that they want to know if it is true that there would be two more tennis courts at the Center Playground and ten or twelve at the Lincoln Street dump site. Tennis The Chairman said that, this year, the Recreation Com- Courts mittee proposes two new courts for the Center Playground and there are plans to illuminate some of the courts. Twelve new courts are to be constructed upon the completion of the Lincoln Street dumpsite. It is not possible at this time to give a timetable. It was agreed that a letter be written to Mr. Shepp in- forming him of the plans for the tennis courts. The Chairman said that interviews should be arranged for the positions of Dog Officer, Assistant Town Engineer, and Assistant Building Inspector. Mr. Gray said that interviews for Assistant Town En- gineer have been scheduled for Wednesday, September 11, Interviews and he will set upinterviews for Dog Officer on Monday, September 16, 196 . The Chairman said that the Board should talk with Chief Corr and get his approach to the problem of whether the Dog Officer should be in the Police Station; he is go- ing to be responsible to the Chief, but appointed by the Board. It would be well to schedule an appointment with Chief Corr for Monday night. The Chairman read a letter from Attorney Sullivan, who represents Dr. Titlebaum of Concord Avenue . Mr. Sullivan requested a hearing with the Board regarding the loud barking of a dog owned by Frank Bussey, neighbor of Bussey Dr. Tttlebaum. Dog The Chairman asked Mr. Gray to schedule a hearing on next Monday night, September 16th. Mr. Cataldo said that Donald Noyes had informed him that a vacancy exists on the Salary Study Committee and Frank Parrish had been suggested to fill the vacancy. Appoint- Upon motion duly made and seconded, it was voted to ment appoint Mr. Frank Parrish a member of the Salary Study ' Committee. 51)6 Mr. Cataldo informed the Board that on land Articles, part of the problem is the survey■ to make the taking. He suggested that a list be compiled of those that need sur- - veys made and Mr. McSweeney hire somebody to do the survey and turn the information over to Town Counsel. The Chairman said that Mr. Gray has a list of all the property to be done. Upon motion duly made and seconded, it was voted that where engineering surveys are necessary, the Engineering Department is authorized to hire somebody to survey the land. Survey Mr. Gray requested further authority to have the ap- praisals updated. The Chairman said that we must have it done and asked if it would serve any purpose to check with the School Committee to see if they are interested and if they have lost all interest; if so, it is rediculous to go ahead and make the takings. Mr. Gray said that he will call Dr. Fobert and talk to him. Upon motion duly made and seconded, it was voted that authorization be given to update the appraisals , when it is necessary. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing., Execu- deliberating or voting on matters which, if made public, tive might adversely affect the public security, the finan- Session cial interest of the Town or the reputation of any person. Following discussion concerning matters pertaining to negotiations, it was voted to resume the open meeting. Order Upon motion du],y made and seconded, it was voted to Of instruct Town Counsel to prepare the Order of Taking. for Taking the Lloyd land. The Planning Board met with the Board. Mrs . Riffin, said that they would like to know which method you would like used in order to have the Zoning By-Laws posted; you could have them posted in the precincts of the Town or published in the newspaper for three consecutive weeks. The Chairman said that we have taken advantage of posting in the precincts; there is no question which is Zoning the least expensive way. By-Like The Chairman said that we will check with Town Counsel. Upon motion duly made and seconded, it was voted to post the Zoning By-Laws in the precincts of the Town, sub- ject to the ruling of Tarn Counsel. Mrs. Riffin said that a preliminary subdivision plan has been submitted to the Planning Board. There are 22 acres and this area abuts the Bowman School. It is an 5 et excellent opportunity for the extension of Worthen Road; there is a means of access from a cul-de-sac. The Board will get together with the developer and resolve the responsibility for this section. Mr. Greeley said that if they built the whole of it, we agreed to pay for the access . Mr. Zaleski suggested that it may be possible for them to build if the School Committee permits them. It would mean Town Meeting action to lay out as a public way. The Chairman said that the Planning Board should mot make a stand on this . Those are people opposed to the extension of Worthen; there is an alliance between Emerson Road and Worthen Road. Mr. Worrell said that a couple of years ago we wanted to extend Blossomcrest; some of this road plus Worthen would provide that access. Mr. Mabee said that the only thing they were talking about was the width of the road. The Chairman asked if the School Committee knew about this? Mr. Mabee said that from a practical point of this, nobody will object if proposed 40 feet. Mr. Powle asked how we would proceed to construct this road. The Chairman said that if the Town is paying for any portion of this road we will need Town Meeting action in advance of construction. Mr. Cataldo said that, normally, if the subdivider is willing to pay we will reimburse for some part. The Chairman said that we 'will have to have an Article for more money on that, you can't avoid it. After much discussion, it was the unanimous feeling of the Board to support the Planning Board on the approval of the Worthen Road layout. It was the feeling of the majority of the Board to support a 70' layout. Mr. Kenney was re- corded in favor of a 50' layout. The vote of the Planning Board was that four members were in favor and one abstention, Mr. Worrell. Upon motion duly made and seconded, it was voted to ad- journ at 10:10 P.M. A true record, Attest: 4:e.e.,4„„ (1 �� Executive Clerk* Selectmen ,per 41I SELECTMEN'S MEETING September 15, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 15, 1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel; Mr Gray, Executive Assistant; Mr Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present Hearing was declared open upon petition of the New England Telephone Company for permission to lay conduit on Bedford Street and Worthen Road Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner's plan and also filed with the Town Engineer, Mr Dunn, representing the Telephone Company, said that in the future, they plan to put everything underground on Worthen Road Mr McSweeney has doubts about this request and would like Bedford St the decision to be deferred. Worthen Rd Mr McSweeney said that we have to put the sidewalk in; there Conduit is a water main, not shown on the plan, that is located where the conduit is to be put in; the poles and trees would have to be moved back The Chairman asked if there would have to be another hearing because the conduit would be in different locations? Mr McSsteeney replied, not really, the poles and trees would have to be moved back and lower the proposed conduit. Mr Dunn said that it would have to be re-petitioned. He sug- gested that the Telephone Company Engineer, Mr Scott, talk with Mr McSweeney It was agreed to hold the petition of the Telephone Company to lay conduit on Bedford Street and Worthen Road until the matter has been resolved by the Telephone Company Engineer and the Town Engineer. Hearing was declared open upon joint petition of the New England Telephone Company and the Boston Edison Company for the relocation of a pole on Valleyfield Street. Notices of the hearing were mailed to the petitioners and Pole owners of the property as listed on the petitioners• plan, and Location also filed with the Town Engineer Mr. Lewis Jones, representing the Boston Edison Company, in- formed the Board that this is a relocation of a pole tO clear a driveway, 4' to the lot line, as requested by Mr. and Mrs. Sherman, 40 ValleyfieldStreet. --- 41,2 The Chairman asked if anyone was present in favor of the peti- tion? Mrs Irene Sherman, 40 Valleyfield Street, said that she was in favor of approval of this petition as she had to make a sharp turn in order to get into her driveway and it was very difficult in the winter. No one appearing in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company and the New England Telephone Company for the following location Valleyfield Street, southeasterly side, approximately 55' southwest of Bridge Street, One (1) pole (One existing JO pole to be removed ) Mr Gray informed the Board that a meeting of the Middlesex Dinner County Selectmen's Association will be held at Hanscom Field, Meeting Bedford, on September 24, 1969 at 7 30 P.M Mr Bailey informed the Clerk that he will attend Mr Gray said that a letter has been received informing the Town Board that Lexington has won first place in Classi (for 20,000 and Report above residents) for the Town Report of 1968 The award will be Award made on Saturday, October 4, 1969 at the Belmont Hotel, West Harwich Mr Cataldo, Mr Gray and Mr Zehner are to attend to accept the award on behalf of the Town Mr Gray informed the Board that Dr. Smith, a member of the Sister City Committee, requests that the Board sign a proclama- Proclamation tion declaring the week of September 14 through 20, as Mexico Independence Week This signed proclamation would be read at a dinner to be held in Washington; Elliott Richardson is to attend as guest speaker Upon motion duly made and seconded, it was voted to sign a proclamation declaring the week of September 14 through 20, as Mexico Independence Recognition Week. Hamilton Mr Burke informed the Board that Mr. Greeley of the State Road Water Pollution Department will be out to inspect the Hamilton Sewer Road sewer and pumping station, prior to payment. Mr Burke informed the Board that he had received only six applications for,employment in the Public Works Department. He had hired two employees as laborers, one has experience as a tree climber He is still short eleven employees Public Works Mr Greeley said that the Suburban Responsibility Commission has been trying at least three different sources for people to apply and there has been no reaction He will bring up the sub! ject at the meeting of the Commission tomorrow evening; they are discouraged as no onecwants to come this far out 442 Upon motion duly made and seconded, it was voted to authorise the Chairman to sign the Liquor Identification Card for Sydell I D Card Orlean, 148 Wood Street, Lexington The Chairman read a letter from Chief Corr, requesting the appointment of Captain Paul Furdon as Acting Chief during Chief Corr's vacation period of September 21 through October 11, 1969 Appointment Upon motion duly made and seconded, it was voted to appoint Captain Paul S Furdon as Acting Chief of Police during the period of September 21 through October 11, 1969. Upon motion duly made and seconded, it was voted to certify the character of Alexander J Cella, 235 Worthen Road, who has Cert. of applied for a Certificate of Incorporation as 'Massachusetts Incorp. Legislative Intern Program, Inc " The Chairman read a letter from the Mystic Valley Gas Com- pany, requesting permission to locate a 4-inch high gas main in Follen Road to serve house #99 Upon motion duly made and seconded, it was voted to grant Gas Company permission to the Mystic Valley Gas Company to locate a 4-inch Permit high gas main in Follen Road to serve house #99, Mr Gray said that a letter has been received from Mark Lichtenstein, requesting permission to tie into the storm drain from the rear and side of his property on Augustus Road The Chairman said that his only concern is, with the prob- lems we have had on that street with the contractor and Mr Lichtenstein, do we have the right to go into that street? Mr Legro said that the only thing to do is grant permis- sion subject to the approval of the subdivider; the subdivision Lichtenstein has been completed and the grant of utilities has been sent out Drain to the subdivider within the past four or five days They can't connect without permission of the Board The Chairman staked if the Board could grant this and not be open to problems? Mr Legro said to wait until the grant of utilities has been received back; the Planning Board approved it on September 8 and we sent it out on September 10 or 11. The Chairman said, as long as we get the grant of easements, we end it when it is recorded Mr Legro said that we don't record. The other considera- tion is whether it is advisable to permit the connection at all. Mr Gray said, engineering-wise, there is no problem there. Mr Gray was instructed to contact Mr Lichtenstein and let him know that as soon as the grant of utilities had been received by the Town, the Board would then consider his request. 414 The Chairman mentioned that it is time we looked at what our capital expenditures will be for the coming year and get the de- partments to submit for next year. Mr Gray reported on the progress of the Personnel Board. Personnel He said that the Board is meeting once a week and have been Board scheduling meetings with the department heads for the necessary information. Upon motion duly made and seconded, it was voted to adjourn at 7 55 P.M. A true record; Attest: Z40-0-z-,- )9) 2)1(-4=ercta4 / Executive Clerk, Selectmen 510 SELECTMEN'S MEETING September 16, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday even- ing, September 16, 1968 at 7:30 P.M. Acting Chairman Cataldo, Messrs. Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Super- intendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenbam, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. , Mr. Gray informed the Board that a request had been re- ceived from the Tax Collector for a transfer of $300. due to Transfer an increase in staff and office supplies. Mr. Gray said that he had talked with Mrs. Barclay and she has a legitimate re- quest. Upon motion duly made and seconded, it was voted to re- quest the Appropriation Committee for a transfer from the Reserve Fund to the Tax Collector in the amount of $300. Mr. Gray requested the transfer of $1,000 to the Cleri- cal Pool to cover the expense of additional clezical help Transfer in Town Offices. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Clerical Pool in the amount of $1000. Mr. Gray informed the Board that at the meeting held Zoning- last week it was voted, subject to the approval of Town By-Laws Counsel, to post the Zoning-By-Laws in public places of the precincts for three weeks, after which time the laws become effective immediately. The Town Constable posted them today. Mr. Gray said that, on land acquisition, Mr. McSweeney Land is making arrangements to have the necessary surveys made, Acquisi- one of which is the Lloyd land. It will be checked out and tion sent to Mr. Legro. The others will be updated by Mr. Berglund. Dr. Fobert will discuss the Cotton site and Woburn Street with the School Committee and will let us know their decision. Mr. Gray said that he had discussed the Agreement be- Fire tween Boston and Lexington for Mutual Aid in Fire Fighting Mutual with Mr. Fitzgerald. Mr. Legro had questioned Section 7 Aid and said that other towns had not entered into this agree- ment which states that each party shall be liable to pay 5 71 the other for all loss or damage to property or injury or death of personnel incurred in furnishing aid under this agreement. The Fire Commissioners are meeting tonight and will let our Board know the results of their discussion. Mr. Gray informed the Board that the Traffic Study Committee had met with a representative of the Chamber of Commerce regarding parking meters. Mr. Rooney of the Parking Chamber of Commerce was asked for suggestions for improving Meters the situation. He agreed that removing the meters was not the answer to the problem. Mr. Gray said it was agreed that the Chamber of Commerce is to submit recommendations in writing to the Board. Mr. Gray said that he had a request from Mr. LaRose of North Street at the Burlington line. His neighbor has a mail box on this property and he would like to have it LaRose moved. Mr. Gray asked if the Selectmen had control of a Mail Box situation such as this . Mr. LaRose has talked to the Police Department and the Post Office Superintendent and it is not under their jurisdicti©n. The Chairman asked Mr. Gray to discuss this with Mr. Legro. Mr. Legro requested the Board to sign a release for Max and Peter Degan for damages to a hydrant on Waltham Street on May 25, 1968. The repair cost is $4.72.58. Release Upon motion duly made and seconded, it was voted to authorize Town Counsel to execute the release in the amount of $1.72.58 to Max and Peter Degan. Mr. Legro requested the Board to sign the contract between the Town of Lexington and Whitman and Howard for engineering services for the construction of lateral and interceptor sewers. Whitman & Upon motion duly made and seconded, it was voted to Howard sign the contract between the Town of Lexington and Whit- man and Howard for engineering services for the construc- tion of Grassland Street, Vaille Avenue, Hillcrest Avenue and Ewell Avenue, including drainage and sidewalk con- struction. Mr. Gray informed the Board that he had received a letter frau Mr. Gary stating that he had received approval Buckman from Mr. Muirbead of the payment of the final bill of Tavern $1,115 to the D.J. McCarty Construction Company for work done on the Buckman Tavern. The Buckman Tavern Recon- struction Committee approves payment of the bill. JL y. Upon motion duly made and seconded, it was voted to ap- prove payment of the final bill for work done on the Buck- man Tavern by the D.J. McCarty Construction Company, in the amount of $1,115. Chief Corr met with the Board. The Chairman informed Chief Corr that the Board is to interview applicants for the position of Dog Officer and they would like to hear his opinions. Chief Corr said that, obviously, he doesn' t want any- thing to do with the enforcement of the Dog Leash Act; he has had no control over Dog Officer Carlson. He has had enough problems with parking meters and speeders and he would like to see it stay under the jurisdiction of the Selectmen. As the Police Department is open twenty-four hours, he would be willing to accept telephone calls from citizens, but he would want the citizens to know that they are accepting the calls for the Dog Officer, not the Police Department. The Chairman said that although the jurisdiction is here, you have been closer to the situation than we; in effect, you are saying that you will accept calls at the station. Chief Corr said, providing that the Dog Officer is not on duty. Appoint the Dog Officer and I will be glad to help. Mr. Greeley asked Chief Corr if the Dog Officer is not Chief on duty on Saturday, how he would propose to handle it. Corr Chief Corr replied that we are handling them at the present time and don' t call the Dog Officer in. I think a Police Officer should go to the home and wake up the owner of the dog if we receive a call on disturbing the peace. Mr. Mabee asked him if he felt a Dog Officer should be full time or part time and bow much he should be paid. Chief Corr said that he can't see a full time officer. In the past it didn't take up a full eight hour day; the citizens realize if a Dog Officer means business, and he can become less than part time. The first six months will be the busiest and it will by less as the years go by. With regard to salary, I would respectfully suggest to the Board that his salary not be commensurate with a Police Officer; He is a professional and the Dog Officer would only have to know one small section. I do think part time is sufficient. Mr. Greeley asked, four hours a day? Chief Corr answered it would be plenty; if we ap- proached the problem and found out it was not enough; we could increase the time . The Chairman said that however we go along you will accept it. I 5qj Chief Corr informed the Board that one of his patrol- men had received his orders for six months of active duty. He got away with not doing the six months and they have caught up with him. I spoke to Town Counsel and he pointed out that the Board of Selectmen could appoint a third Constable and I am pressuring the fact that maybe the Board would go along with the recommendation for a third Constable . As a public official, he could be offi- cially exempt and can be put on a reserve status. He is to report on October 7th. Mr. Legro said that there would have to be an applica- tion from him stating his qualifications, and a recommend- ation from five citizens of the Town. There must be a determination by the Board of Selectmen to appoint him for a term of not over three years. Police The Chairman asked if the Army Reserve would accept this. Officer Chief Corr said that he has tried to get an answer to that question from Camp Devens and has been unsuccessful. The Chairman instructed Chief Corr to keep trying and report to the Board on next Monday evening. The Chairman requested the Board to sign the agree- ment received from the State Department of Public Works, which stated that $26,200 has been allocated for the Chapter 90 project on Lowell Street and Worthen Road. Chapter Upon motion duly made and seconded, it was voted to 90 sign the Memorandum of Understanding that the State De- partment of Public Works agrees to set aside $26,200 for the Chapter 90 project on Lowell Street and Worthen Road. Upon motion duly made and seconded, it was voted to sign water abatements for John McSweeney, $4.44; Joseph Water A. Kelley, $26.25; Mrs . W.H. Larsen, $8.75; Pasquale Abate- Luongo, .75; Robert E. Horn, $31. 5; Roger Petrie, ments $13.30; Ralph Cataldo, $78.40; Irene Revais, $24.91; William J. 'Cass, Jr. , $14.00. Upon motion duly made and seconded, it was voted to approve the following pole locations: Waltham Street, easterly side, northerly from a point approximately 33 feet north of Concord Avenue, -- Two (2) poles - (Two existing JO poles to be removed.) Pole Locations Tyler Road, northwesterly side, northeasterly from a point approximately 6 feet northeast of Winchester Drive, -- Ten (10) poles. 5 III 21 Payson Street, southwesterly side, northwesterly from a point approximately 60 feet northwest of Grassland Street, -- Four (4) poles, Guy Wire and Anchor on First Pole. Lake Street, easterly side, northerly from a point approximately 98 feet north of Massachusetts Avenue, -- Five (5) poles. Phinney Road, southeasterly side, northeasterly from a point approximately 127 feet northeast of Fairbanks Road, -- Five (5) poles, Guy Wire and Anchor on First Pole. Longfellow Road, southeasterly side, northeasterly from a point approximately 14.8 feet, northeast of Hawthorne Road, -- Four (L ) poles . Hadley Road,. southwesterly side, northeasterly from a point approximately 27 feet northwest of Eldred Street, -- Five (5) poles, Guy Wire and Anchor of Fifth Pole . Kendall Road, southeasterly side, northeasterly from a point approximately 55 feet northeast of Marrett Road, -- Three ( 3) poles . Tricorne Road, northeasterly from a point approximately 98 feet northeast of Marrett Road, -- Five (5) poles . The Chairman read a request from the Board of Appeals for a transfer of $400 from the Reserve Fund due to the greater number of hearings, increased cost of advertising Transfer and increased secretarial fees. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Board of Appeals in the amount of $1400. Upon motion duly made and seconded, it was voted to Minutes approve the Minutes of the Selectmen' s Meeting held on September 9, 1968. Upon motion duly made and seconded, it was voted to ID Cards authorize the Chairman to sign liquor identification cards for Anthony E. Polcari, Jr. , 10 Tarbell Avenue, and Timothy J. Corbett, 26 Bedford Street. Mr. Greeley informed that when the Commission for Suburban Responsibility was formed, there were no funds al- located and the Commission has minutes to be reproduced, 576 II postage and hospitality expenses. The Commission also hopes to have outside experts at their meetings. He asked if it would be possible to draw against the Selectmen' s expense account, perhaps $50 cr $75. The Chairman said that he didn' t know the balance in the account; we did run out of money last year. Mr. Legro said that he didn't know of any provisions Suburban for expenditures, except out of the Selectmen' s account. Responsi- The Commission is performing the work for the Board of bility Selectmen. If the work were done by the Selectmen them- selves and there were funds in the expense account, they would pay the expenses . The Chairman said that we could handle the repro- ducing in the office and the postage, but not hospitality; any of our hospitality expenses we take care of personally. It was agreed that Mr. Gray is to work out the ar- rangements for reproducing the minutes of the meetings of the Suburban Responsibility Commission and for the postage. Mr. Kenney said that the leaf burning season is rapid- ly approaching and suggested that a copy of the regulations voted last September be sent to the Police Chief and Fire Chief. Mr. Adams said that he had covered it in the newspaper Leaf and, if given a copy of the regulations, he woUld do the Burning II same this year. The Chairman asked Mr. Gray to take care of the matter. Hearing was declared open upon written request of Jeremiah. J._ Sullivan, Attorney for Dr. Titlebaum, 2t.6 Concord Avenue. All persons present at the hearing desiring to give evidence stood, raised their right hands and swore that the evidence to be given in this case would be the truth, the whole truth and nothing but the truth. Dog Officer Carlson, Attorney Sullivan, Mrs. Titlebaum Bussey and Mr. Bussey were present. Dog The Chairman stated thatr.otices of the hearing had been Hearing sent to all interested parties . Sullivan was asked to pre- sent his ease. Attorney Sullivan said that he was representing Dr. Titlebaum and, over a year ago , he was disturbed by the con- stant barking of the dog owne ' by Frank Bussey. We com- plained to the Board and received a reply that your investi- gation determined that restra nt was not justified. After a hearing with the County Commi sioners, he was ordered to re- strain the dog; nothing happe ed and the barking persisted. We went to Concord Court and omplained. A private detective, Dan Sullivan, was employed an stayed on the premises and kept IIa diary for November 3, November 10, and December 31, 1967. 5116 z w.w. 271 As a result of complaints from Dr. Titlebaum, Officer Carlson wrote a letter to Mr. Bussey on January 5, 1968, ordering him to restrain the dog. Since that day, Dr. Titlebaum and his family have been constantly harassed by the barking of the dog. He has written to Mr. Cataldo and Officer Carlson and, on July 3, Doctor Titlebaum was taken with a heart attack, which his Doctors feel was caused by the harassment from the dog. When he came home from the hospital, the dog was still barking constantly. I saw him in August and wrote to the Board asking for some redress under Article 27 of the Lexington By-Laws. He said that Dr. Titlebaum could not be here tonight because of his mental and physical condition. Mrs. Titlebaum will tell how it has been, and asked if the Board wanted her for a witness. The Chairman said that Officer Carlson has been with the case and has talked with Dr. Titlebaum and Mr. Bussey, and will bring the Board up to date . Officer Carlson said that a year and a half ago he did investigate the situation and wrote the Board a letter. It is my feeling that Dr. Titlebaum' s actions are unfounded. I checked with the neighbors and even the closest ones r4 dn' t complain about the dog. We did go to Court and the Judge did find Bussey guilty. I did issue a letter to Mr. Bussey. The dog had an operation by a Veterinarian•; the dog did bark to some extent but not as loud• as other dogs in the neighbor- hood. I did go back the first part of August and hear the dog bark. I complained to Mr. Bussey and, on August 8, issued a non-criminal complaint to restrain the dog. I feel with the neighbors on all sides that the complaint by Dr. Titlebaum is unfounded. The people nearby are happy that the dog is there, as there are mental patients who escape from the nearby hospital. The people next door and three doors up feel that the dog protects the children. I believe this charge is unfounded. The Chairman said, you still issued the order on August 8 to restrain the dog. Officer Carlson said that he had asked him to restrain the dog because of being found guilty by the court. The Chairman said that evidently the dog barks . Officer Carlson said that he does bark. Mr. Kenney asked if the dog is tied or behind a fence. Officer Carlson responded that he is tied. He is a young German Shepherd and there have been complaints of knocking children down, he is playful. Mr. Bussey put him on a run. The Chairman asked if Mr. Bussey has restrained the dog since you have given the order on August 8? 77 Officer Carlson replied in the negative. The Chairman asked if he had taken further steps against him and Officer Carlson replied that be bad not. Mr. Kenney asked, because of the Court's findings? Officer Carlson replied yes, and the County Com- missioner. Mr. Bussey said that this man does not live next door - it is my feeling there is something other than the dog behind this. The Chairman said that rather than get into other dogs, this hearing is on your dog. You were told to re- strain. the dog; the point is, irhy haven't you restrained it? Mr. Bussey said that Mr. ullivan said that, since January, the dog has been both ring him; the dog has been taken care of because of be sharp bark. I didn't feel that be was barking among. to be restrained any more. He made the statement t7 - t the dog bothered him after the operation. How can she dog bother him after the vocal cords have been out? Attorney Sullivan said th=t it was just the muscles. You can tell be does as he ple- ses; be has had complaints from the Doctor. As a result of the complaints, Carlson ordered him restrained agate. Despite the fact that he warned Bussey to restrain the •og, Bussey didn' t think Carlson is right. The dog is - t the rear of the Bussey property from 7 A.M. to 6 P.K. and I have testimony of the Doctor that the dog barks .onatantly every tan minutes. Bussey is just not ging to do what Carlson and the Court told him to do. This dog is a nuisance and is causing irreparable dean go to the Doctor. The Chairman asked if he ad a copy of the report from the investigator. Attorney Sullivan said th= t he did but it is the only copy he has. The Chairman said that we will make a copy for the Board and give you back the original. Attorney Sullivan maid th t after Carlson skid that the dog was to be restrained, eased on testimony from January 5 to August 8, 1968, h- is taking it into his hands; he i■ going to keep the , dog that is disturbing Doctor Tiblebaum. We are aski g for redress, asking for seoperation. She Chairman asked what w done when the dog had the operation. . Hussey said that the ' ace boa was out out of him. The Chairman asked comple ely? Mr. Bussey said that the _ag was de-barked, 518 Mr. Greeley asked if he had a letter from the Veterinarian. Mr. Busse,' said that the Veterinarian said that it might come back and, if it did, it would not be as loud. If this dog barks so much, why wait until August? Attorney Sullivan said that we have written to everybody concerned. The Chairman said that this has beep coning in this offioe constantly. Mr. Legro said that he had a question to ask Attorney Sullivan: The County Commissioners, after thsrbegring, ordered the dog restrained, a complaint was filed in Dis- triot Court and the owner of the dog was found guilty and fined? Attorney Sullivan replied that hi was fined $10.00 under the statute that states he had a constantly barking dog. You are right, as a result of non-compliance with the County Commissioner's order. Mr. Legro asked if he Vas requesting an order to have the dog destroyed. Attorney Sullivan said that Carlson was asked to stop the dog from barking; if be doesn't do that, the dog should be destroyed. Mr. Bussey asked how Dr. Titlebaum can conoentrate on one dog, other dogs in the neighborhood bark. The Chairman said that the hearing is on your dog, The Chairman declared the hearing closed. upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, Executive might adversely affect the public security, the financial Session interest of the Town or the reputation of any person. After interviews with applicants for the position of Dog Officer and discussions concerning the finances of the Town, it was voted to go out of Executive Session. Mr. Burke informed the Board that he had received a letter from the Metropolitan District Commission informing MDC him of a reduction in water pressure on September 24 and 25, due to work done on the widening of Route 2. He asked Mr. Adams to inform the public through the newspaper. Mr. McSweeney said that there was a hearing on public roads on next Wednesday at the County Courthouse and asked Street the Board if it wished him to designate a street for next Hearing year. Mr. Grey said that we asked for $60,000 last year and did not designate a street. Mr. Greeley did not think we should designate one. L spy The Chairman instructed Mr. McSweeney to tell him that we have several in mind; we do have a street that will comply with their wishes. Upon motion duly made and seconded, it was voted to adjourn at 10:35 P.M. A true record, Attest: Executive Clerk, Selectmen rie/ v i 1 SELECTMEN'S MEETING September 23, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, September 23, 1968 at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenner, and Greeley were present. Mr. MEM, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintandent,of Public Works, and Mrs. McCurdy, Executive Clerk were also present. At the request of the Town Clerk, three Jurors were drawn, as follows: Francis A. Broussard 75 Pottier Avenue Jurors Arnold G. Kramer 9 Fulton Road Harvey H. Horn 272 Woburn Street The Chairman said that permission has bosh requested by the Lexington Minute Men to hold their installation on the Lexington Green on Saturday, October 19, 1968 at 5:00 Permit P.M. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Minute Men to hold their installation on the Lexington Green on Saturday, October 19, 1968 at 5:00 P.M. The Chairman said that the League of Women Voters has requested the Board to proclaim the week of October 6-12, Proala- 1968, as League of Women Voters Week. motion Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the proclamation declaring the week of October 6-12, 1968 as League of Women Voters Week. Upon motion duly made and seconded, it was voted to ID Card authorize the Chairman to sign a liquor identification card for Richard H. Kent, 63 Blossomcrest Road. The Chairman read a letter from the Citizens for Lexington Conservation, requesting permission to use the meadow in Willard' s Woods for one or more public star- gazing nights; they will furnish telescopes and invite Permit public attendance. This will take place some Friday or Saturday night, depending on the weather, during the latter half of October. Upon motion duly made and seconded, it was voted to grant permission to the Citizens for Lexington Conservation for stargazing nights in Willardts Woods for a weekend of October 18, 1968; in ease of rain, to be held on the first clear weekend. Upon motion duly made and seconded, it was voted to approve the uncollectable ambulanoe abatements submitted Abate- by the Tax Collector for the years 1965 and 1966. menta The Chairman informed the Board that the Lexington Liquor Mart, in accordance with the Liquor Control Act pertaining to the issuance of liquor licenses, requests the Chairman to sign a notice to be advertised in the Minute-man on September 26, 1966 regarding permission to transfer their license to a new store to be constructed as an addition to the existing Knit National Stores on Lexington Bedford Street. Ten days after the filing of the notice, Liquor a bearing will be held. It was agreed to hold the hearing Mart on October 7, 1968. Upon motion duly made and seconded, it was voted to file the notice of the Lexington Liquor Mart for a change of location and a transfer of liquor license. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectments Meeting held on September 16, 1968. 114 The Chairman read a letter from the Planning Board requesting that segments of Town administration, such as the Building Inspector, Town Engineer, Public Works, etc. , to cooperate on a workable program with the Committee on Suburban Responsibility. Thi■ is the federal designation Lexington of a town-wide program comprising (1) code improvement and Sub. Resp enforcement, (2) comprehensive planning, (3) analyses of neighborhood deficiencies, (4) administrative organization and (5) financing provisions, ( 6) housing for displaced families, and ( 7) citizen participation, all in accordance with federal requirements. A workable program is a legal prerequisite for obtaining federal funds for various hous- ing assistance programs under consideration by the Com- mittee. The Chairman said that they are asking that we direct the akencies under our control to cooperate with the Sub- urban Responsibility Committee. Mr. Greeley said that in order to participate in the money of the Federal Aid Programs, such as moderate in- come housing, you must be certified by HUD; you don't be- come eligible until you are certified. Mr. Cataldo asked if the Responsibility Commitker has been established long enough to take this route. Mr. Greeley said that the Committee firmly believes that we would want to encourage the support of private agencies; there may be some programs that will require specific Town action, such as moderate housing. Mr. Cataldo asked if the type of housing we now have is subsidized? Mr. Greeley replied that there are lower capital costs, single family houses. The Commission will come in very soon to request that the Board make available the tax title lots that could be used; perhaps, to re- lease part of Meagherville. Mr. Gray said that the way it was defined, it was a large regional planning program relating to housing. Mr. Greeley said that they want to be sure of a good building program; we have a master plan. The Chairman said that they are asking us for tech- nical aesistanoe. Mr. Greeley said that the Committee wants to be able to say that they have the support of the Selectmen. The Chairman said that this is the Commission, ap- pointed by the Board, which will report back to the Selectmen whenever we desire them, even though their Chairman is on our Board. If we asked them to come and report the progress, they would be willing to do it. Mr. Greeley said that the Planning Board and the Board of Selectmen would work directly with HUD. Upon motion duly made and seconded, it was voted that the Board of Selectmen instruct the Departments under its jurisdiction to cooperate in every way possible with the Planning Board for a workable pro- gram. The Chairman said that a letter of resignation from the Conservation Commission has been received from Mr. Ripley. He was Chairman of the Hunting Committee and Hunting is it possible to make him an Ex-officio member to the Committee Commission? Mr. Legro said that he could attend the meetings if he wished and the Board could take advice from him; he wouldn't have any power. Upon motion duly made and seconded, it was voted to appoint Mr. Aiden L. Ripley as Advisor to the Hunting Coitmeitteo. Mr. Woodington of Kennecott Copper Corporation met with the Board. Hearing was declared open on the Kennecott Copper Corporation request for approval of an access roadway 44.15 connecting to the adjacent Tow road. ' Mr Gray showed the plan o the area involved and said that approval bas been gi en by the Planning Board, Board of Health and the Conger ation Commission. Mr. Woodington said that pproval is required by the Kenneoott Board of Selectmen for the driveway which comes under the Copper Hatch Act, as it involved removing and filling of a wet- Driveway land. He has already filed with the State Department of Natural Resources. No one appearing in favor or opposition, the Chair- man declared the hearing ()lose ' . Upon motion duly made and seconded, it was voted to approve theplan of the drivew of the Kennecott Copper PP y PP Corportion. Mr. Gray informed the Boa d that the Traffic Commit- tee had met and discussed the omplaint of the East Lexin-- ton merchants regarding the pa king in their area - there are no restricts - ons near the A lin tog line and theypre- sented their problem to us and theTrafficCommitteP recommends that our traffic re ulations be amended. Mr. Kenney asked if the r quest should extend to Charles Street. Mr. Gray said that the c ittee will take a look at it and further restrict if it is eoessary. ' Mr. Kenney asked if Sunda a were included. Mr. Gray said that the re ulations do not exclude Sun- days. Mr. Kenney said that he didn' t think the merchants wanted Sundays and holidays included in the regulations. Mr. Gray said that he would discuss it with them. Upon motion duly made and seconded, it was voted to Traffic amend Article V, Section 2, Parking Locations and Pro- Rules hibitions by adding the following to Schedule 1: Massachusetts Avenue, Southwesterly aide from Hibbert Street tc+ Taft Avenue. Massachusetts Avenue, Northeaserly side from Arlington Line to ow Street. Parking to be restricted to on hour, between the hours of 8:00 A.M. an 6:00 P.M. Mr. Gray said that the Tr ffic Commission had dis- cussed the parking at Bedford .,treat, Simonds Road and Harding Road. tt is difficult for the fire apparatus to turn on Harding Road as cars axe parked on Simonds Road, which is ver narrow. Upon motion duly made and seconded, it was voted to amend the Traffic Regulations, Article s, Section 2, Park- ing Locations and Prohibitions, and add to Schedule 1: Simonds Road, northerly aide from Bedford Street to Harding Road. 'JOT Mr. Gray said that the Traffic Committee has been discussing the installation of meters on Depot Square and it is recommended to amend the Traffic Regulations by striking out from schedule 4 the following: Depot Square, Easterly aide from Massachusetts Avenue, 110 feet north- erly and adding the following: Depot Square, Easterly side from Edison Way, 80 feet northerly. This will per- mit us to put in three meters on the wide part; there are no prohibitions now. We would paint a yellow curb in that section; would keep the sight distance clear on the curb. Upon motion duly made and seconded, it was Voted to amend the Traffic Regulations, Article V, Section 12, Parking Meter Locatiol:s and Regulations, by striking out from Schedule 4 the following: Depot Square, Easterly side Xlivia. Mae. �► :� 110 feet northerly. and adding to Schedule 4 the following: Depot Square, Easterly side from Edison Way, 80 feet southwesterly. Mr. Gray informed the Board that he had talked with Mr. Barboza, applicant for the position of Dog Officer, on Dog Tuesday morning regarding the matter of maintaining a dog Officer pound. Mr. Barboza is retiring and is not interested in a full time job. If two or three men do it, he is inter- ested. The Chairman said that the Board asked for- and has re- ceived an affadavit from Dr. Titlebaum, regarding the dog owned by Prank Bussey. Mr. Cataldo said that we said that we would take it under advisement. Mr. Legro skid that since there was no examination of Bussey the complainant under oath, I suggested that it would be Dog advisable to call him in to be heard; because of the ill- ness described. by Mr. Sullivan, I said that the Board might take an affadavit. The Chairman asked if the Board is prepared to take action at this time? Have you decided that this dog is a nuisance and what you wish to impose? Mr. Kenney said that the dog is under- a restraining , order now. Mr. Greeley said that either he is a public nuisance. Be is clearly a public nuisance. Mr. Cataldo said that we should give ten days to abate the nuisance, or another restraining order. The Chairman said that he had no objection to re- straining order, how can you stop the dog from barking? 51( ' Mr. Cataldo said that the v ice box could be removed or get rid of the dog. I think a should give hime the oppgrtuoieyorotdapoge of the do , give so many days. The Chairman said that, fir t, we have to declare dog a public nitisance, by excess ve barking. Mr. Cataldo said that we sh uld give ten days to abate the nuisance. We should v to to consider the dog to be a nuisance because of exce sive barking adjacent to a sick person. Upon motion duly made and a conded, it was voted that the owner of the dog, Frank Buse y, be given ten day's no- tine to abate the nuisance, or t e 'Board of Selectmen will determine what manner in which to abate the nuisance. Mr. Gray said that a letter has been received from the Town Engineer regarding Cont-mot No. 4, 1968 Streets, Drains, and sidewalk Work. The letter stated that bids were opened on September 9, and John J. Paonessa Company was the low bidder at $138,385.25. The Engineering Department, in its budget request for 1968, requested an appropriation of $98,000 for the four streets involved im this contract. In reviewing the preliminary costs, we have found that our costs by items were not updated for 1968 construction costs. We have reviewed this project, street by street and item by item, and find that with a total project cost of $155,000, Street including engineering and inspection, we are unable to re- Contract duce the price. The elimination of consultant inspection and the retaining walls could po sibly bring this price down to $135,000. The recommendation are as follows: (1) De- cline all bids and re-advertise n the early spring. (2) Ask for authorization from the 1969 own Meeting to use funds from Chapter 616, which has $35, 000 available for street con- struction. Included in our deo/ ion, we had to consider the problem of pole removal by the T • lephone Company, which has a three to four months waiting 1 st on all work schedules due to the strike this past summ: r, also the problem of November 15 deadline for bitumin' us concrete paving. The Chairman asked what strata are involved and he was told that they are Ewell Avenue, Grassland Street, Vaille Avenue and Hillcrest Avenue. Mr. Mabee said that Mr. Lego was going to give an opinion as to whether the Selecten had the right to deduct one street. Mr. Legro said that it was ithin the power of the Board to award the contract as tie present time for part of the streets. His opinion is bas -d oa the feeling that the Board could divide the contract nd do it in separate sec- tions. They will probably have to come back and ask for an appropriation or use Chapter 616. 5 b 2 The Chairman said that we did tell Town Meeting what streets are going to be done. If the Board decides to go along with a partial contract, we have to decide what streets to do. Mr. Legro said that there are four Articles involved, one for each street, with one appropriation for the four streets. The reason is, if you wirM to appropriate sepa- rate sums for,each of the four streets, you could very well have too much in one appropriation. A lump appropria- tion for a group of streets, in my opinion is still ad- visable. The Chairman said that we will have authority to do the other streets; we need more money and it would take another Article; Town Meeting did vote a specific amount of money for all four streets. I would suggest to the Board that there is no indioitiei that the cost of con- struction will go down, in another year, it will go up. By maintaining a certain level of money for streets, sewers, etc., we are just cutting back. Mr. Greeley said that he would like to ask the Town Engineer, in his estimation on his priority, if we should do two or three now and the fourth in the fall? Mr. McSweeney replied that, from the Telephone Com- pany' s point of view regarding the lateness in the year, in the spring, we might have an appropriation and we could do it then. Mr. Greeley asked if poles are involved on all four streets? Mr. McSweeney said that there are some. Mr. Cataldo said that as far as priorities are con- cerned, we have half of Hillcrest to do and we were going to do the other half next year. We could delete Hillcrest and do it all at once. Mr. Greeley asked if we had enough for the other three streets, or if it is marginal? Mr. Mabee asked if, on the estimate of each street, did the low bidder give any estimates at all? Mr. McSweeney said that Ewell Avenue is estimated at $48,931; Grassland Street, $28,252; Vaille Avenue $25,855; Hillcrest Avenue $35,347. The total construction costs are $138,385; add engineeringand inspection fees and the contract becomes a total of 155 ,000. Mr. Cataldo asked if the $2500 you have spent so far is for engineering. Mr. McSweeney said it was for engineering and adver- tising. The Chairman asked if it was possible to leave the wall out on Grassland and Vaille Avenue? Mr. McSweeney said that be would come up with a recommendation to see how much we can reduce. 5S1 Mr. Gray said they will work Wirth Mr. Legro and report back to the Board. The Chairman suggested that they work on the particular angle of leaving the wall off Ewell Avenue and absorbing the inspection. Mr. Gray said that the sidewalk bids have been opened and there were two bidders, Bernard Lazaro $26,360 and Belli Bros., $28,61$. This is within the money appropriated for that purpose. Sidewalk Upon motion duly made and seconded, it was voted to Bids award the sidewalk contract to the low bidder, Bernard J. Lazaro, Inc., 31 Lunda Street, Waltham, in the amount of $26,360, subject to the approval of Town Counsel and Town Engineer's investigation. The Conservation Commission met with the Board of Selectmen for the purpose of appointing a member to the Conservation Commission to fill the vacancy caused by the resignation of Aiden L. Ripley. The Chairman declared that nominations were opened for the position. Cons. Mr. Sussman nominated Mr. Frank Totman. Comm. Motion was made and seconded that nominations be closed. Members of both Boards voted by Ballot which the clerk collected and tallied. Of the nine members, there were nine ballots cast for Frank H. Totman. The Chairman declared Mr. Frank Totman to be unani- mously elected to the Lexington Conservation Commission for a term expiring March 31, 1970, caused by the resignation of Mr. Aiden L. Ripley. Upon motion duly made and seconded, it was voted to appoint Mr. Aiden L. Ripley as Advisor to the Conservation Commission. Mr. Burke said that he would like to discuss the con- version of a 1951 international truck which had been used in the past as a dump truck during the summer months; there was difficulty with the engine and it was deemed advisable not to repair it. The frame, transmission, cable and body are in good condition and the engine could be rebuilt and Public a winch mounted on the truck. It could be used in the Works winter and Mr. Burke wondered how the Board felt about Truck spending $350 on the truck; there is money in the Road Machinery account and they could do the work on a piecemeal basis. Mr. Cataldo said that he was not in favor of it; we have been trying for two years to get a wrecker and, taking - this into consideration, he would rather not see you do it 58$ ra T � c with this tmuok. We should ha4ve a decent wrecker and he could not see spending $350 on this truck. We buillt the 111 first one and it coat more than this, even with our own labor. The Chairman asked if, assuming we approved, what use would you make of this truck? Mr. Burke said that $350 tan, basically, for the en- gine and material to complete the job. The Board discussed the merits of procuring a wrecker from Surplus Stores and it was agreed that Mr. Gray is to talk with Mr. Burrell of Civil Defense and see is anything is available. Mr. Greeley said that the suburban Responsibility Com- mission would like a place in which to meet and he has been checking out the possibility of using the room above Cary Memorial Hall. It is under the supervision of the Trustees, but no one knows who the Trustees are. He would like to find a way of releasing the jurisdiction of it from the Trustees and put it under someone who is available when Cary people want to use the room. Memorial Mr. Cataldo said that the room was built for the Hall Trustees to meet in. Mr. Greeley said that there are twelve Trustees who never meet. We should meet with them and work something out. The Chairman suggested that we write to the Trustees and ask them to give u■ a blanket use of the room, for such use as the Board of Selectmen would deem necessary. Mr. Legro said that he felt the Board should get more information concerning the duties and functions of the Trustees and what is within the province of the Board of Seleotmen. The Chairman asked Mr. Gray to write to the Trustees and request a meeting with them. Mr. Greeley said that Mr. Worrell is interested in sidewalkds on Cedar Street. Before we come in with some kind of engineering proposal, we should sound out the abutters. I donit think there should be a blanket widen- ing of the street, there could be some sort of easement on lawns, a didewalk that goes behind the trees. It would be Sidewalks better to work it out by asking them to suggest solutions. My guess is we could get a sidewalk easement muob easier than we could by condemning part of the lot. Mr. Legro said that, ordinarily, a didewalk is con- structed within the limits of the way. Mr. Greeley said that if we are going to put a side- walk there, it should be back of the street line. Mr. Legro said that back to the layout of a pedestrian way is authorized by statute; laid out by action of the Board and acceptance by Town Meeting vote. t Mr. Greeley suggested that they talk with the owners of the property. Mr. Legro said that we could do it in the same way by getting grants of easements. The Chairman said that you are suggesting that we write a letter to the abutters between Massachusetts Avenue and Hil Street and ask them to meet with the Board. Mr. Greeley said that they oould meet with the Select- men or the Planning Board. The Chairman said that nothing could be done this year. Mr. McSweeney said that now is the time to think about it, to find out in which direction we are going. Mr. Greeley said that if we tell the abutters that we want to lay out the sidewalk according to a plan, they will say that it is no good, but if we asked them to suggest a solution, they will be on our team. It was agreed that Mr. McSweeney is to talk with Mr. Gray and have a meeting with the abutters. The Chairman asked that he be included when the meet- ing is set up. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, delib- erating or voting on matters which, if made public, might Exec, adversely affect the public security, the financial interest Session of the Town, or the reputation of any person. Following discussion concerning personnel of the Town, it was voted to resume the open meeting. - Mr. Gray informed the Board that Mr. Cortell has been over to the Reservoir and has made investigations; the flow of water is practically minimum. When we get his report, we will discuss it with the Board of Health. Upon motion duly made and seconded, it was voted to ad- journ at 9:45 P.M. A true record, Attest: Executive Clerk, Selectmen 1. _ _. ; t I 1 SELECTMEN'S MEETING September 30, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Roam, Town Office Building, on Monday evening, September 30, 1968 at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney, and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Gray informed the Board that the Lions Club has applied for permission to hold the annual Fourth of July celebration on July 2, 3, and 4, 1969 at the Lexington Center Playground. July 4, Upon motion duly made and seconded, it was voted 1969 to grant permission to the Lexington Lions Club to hold the annual Fourth of July celebration on July 2 through July 4, 1969, at the Lexington Center Play- groUnd, subject to the recommendations outlined by the Chief of Police. IllMr. Gray said that he had talked with Mr. Luongo regarding the sale of tax title lot 52 Valleyfield Street. Mr. Luongo was interested in buying lot 52 Tax to combine it with his land; he might want to add a Title breezeway and garage later on. He has not made an offer as yet. Mr. Gray is to talk with Mr. Luongo and ask him to submit an offer on Lot 52 Valleyfield Street. Mr. Gray said that a telephone call had been received from a political candidate requesting per- mission for a booth in front of the 5 & 10 on Mass. Avenue, a booth at the Stop and Shop and First National Stores, and to hand out literature at the dump. Request After discussion, it was agreed that the Board has no jurisdiction over the parking area at the Stop & Shop and First National Stores. Upon motion duly made and seconded, it was voted to deny the request for a booth on the side- walk in front of the 5 & 10, and the Board has no objection to handing out literature at the dump, but nothing of a permanent nature is to be erected. 2 Mr. Gray read a letter from the Senior Citizens' Club, requesting a small room or storage area for their Senior records at Cary Memorial [Mall or Town Office Building. Citizens It was agreed to write Mr. Melbye and inform him that there is no available apace but suggest that he confer with the Housing Authority and request space from them. Mr. Gray informed the Board that he had talked to Mr. Burrell regarding the Civil Defense truck informa- tion. Mr. Cole has checked this and we wanted to find CD out where to write to the State for this particular Truck type truck. The Chairman said that be wanted the State. to know of our need. Mr. Kenney asked if this would have to be .Justi- fied for Civil Defense purposes. Mr. Gray said that we would supply enough inform- ation to justify it. Mr. Gray said that be and Mr. McSweeney had attended a bearing before the County Commissioners on the relo©a- Lowell St. tion of Lowell Street. Many residents of Lowell Street Hearing were there and the Commissioners felt that they ihbuld come before our Board for a hearing. Upon motion duly made and seconded, it was voted to notify the residents of Lowell Street that a public hearing will be held on October 16, 1968. Mr. Gray informed the Board that he had received a report from the Police Department regarding a viola- tion of the dumping regulations by a truck owned by the Minute Man Disposal Co. on August 30. The truck was dumping material not from Lexington. Based on this re- Minute port, on September 20, I revoked the permit for 60 days. Man Mr. Kelley, owner of the Disposal Company, called me Disposal last Friday and gave me his version of what happened; his employee had dumped material, the Police checked, and be was caught. Mr. Kelley asked me to discuss this with the Board and reduce the violation period. He wanted to know if he could dump over the weekend and I told him that he could not. I was informed that his truck was at the dump on Saturday and the attendant wouldn' t let the driver dump the material. I know it is a hardyhip for Mr. Kelley, but we have to enforce the regulations. The Police Department said that they repeatedly tried to contact Mr. Kelley and be did not Dome down to the station; we didn' t hear from him un- til his permit was revoked. The message was left at his office to bring the driver to the Station. He told me that the driver had taken off and left the next day. 3 The Chairman said we can make a decision to endorse the revocation as made by Mr. Gray, reduce the time of the revocation or reinstate him. Upon motion duly made and seconded, it was voted to support the decision made by Mr. Gray to revoke the per- mit for 60 days on the truck owned by the Minute Man Dis- posal Company. Mr. Gray informed the Board that bids had been opened for sidewalk and retaining wall work and the low bidder wee Belli Brothers, 76 Silver Lake Avenue, Newton at $27,082.50. The figures are being checked by Whitman and Bids Howard and they will let us know tomorrow morning. Upon motion duly made and seconded, it was voted to award the contract for sidewalk and retaining wall work on Middle Street and Tufts Road to the low bidder, Belli Brothers, in the amount of $27,082.50, pending the check out by Whitman and Howard. Mr. Gray said that a request had been received from the Town Engineer for a transfer from the Reserve Fund of $2200 to the Engineering Department; among other expenses, advertising for Assistant Town Engineer and Senior Engineer were close to $500 and the Engineering Department is now Transfer charged for five vehicles since the split with the Public Works Department; when the budget was made out, it allowed for only two vehicles. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Engineering Department in the amount of $2200. The Capital Expenditures Committee met with the Board. Mr. Mitchell said that the purpose of the meeting was to discuss the budget items and expenditures . They noticed that money that had been expended had not been spent on Woburn Street, they noted that ground had not been broken. The question is, are we appropriating money faster than we Cap. could spend it. They felt they should take a look at the Expend. Public Works' budget over the next couple of years. Mr. Cataldo said that the State has to reconstruct Woburn Street and we have to have money available. Mr. Gray said that one of the problems is that speci- fic items are all out under contract, all are committed. Mr. Mitchell said that in 1968 we have $240,000 for laterals; $111,000 has been committed under contract to D'Onfros. $125,000 has already been committed. East Street and Ridge Road are currently under design by Whit- man and Howard. Hill Street hasn't been brought to the Board. In 1967, the North Lexington pumping station, $27,000. 4 Mr. McSweeney said that we are negotiating with Giosto and approval of the Emergency Finance Board; there were two Articles on that, one in '65 and one in '67. Mr. Mitchell asked about Volunteer Way. Mr. McSweeney said that it was finished. Mr. Mitchell said that Article 11+ on mains had $39,000 left. Mr. McSweeney said that this was related to the pre- vious one. Mr. Mitchell asked about Article 67 on subdivialway. Mr. McSweeney said that it was awarded to Salvuoci; the balance was $238,000. Mr. Gray said that there was one out under contract right now; two subdivisions on Revere Street; two trunk lines working right now; a balance of $100,000; would be a trunk sewer to serve the Wood Street area; there was a special Article for Hartwell Avenue. Mr. Mitchell said that $100,000 was uncommitted at this moment. Mr. Gray said that it would be gone within a year. The Chairman said that it would be pretty much de- pleted at Town Meeting time. He asked if they were con- vinced that the engineering bad been done on that money appropriated for sewers. Mr. Mitchell said that they were distressed that they haven't got more going in on March money; they are concerned with the rate of capital expenditures. There are significant sums from previous years. Mr. Greeley said that the Bedford sewer was tied up for three years. Mr. Mitchell asked about the parking lot and the Beautification Committee. Mr. Gray said that studies will be made during the winter. The Center project scheduled for the fall will not be done until the spring. Mr. Mazerall doesn't want to remove the trees until the spring; we do not have the personnel to complete the project. We would like to com- plete it next fall. Mrs. Rawls said that now you tell us that you will construct in the fall and study during the winter. Mr. Gray slid that there is land that we do not own and may involve land taking. The part we would construct is in no way affected by this. Mrs. Rawls said that we were told that it would not be done until the whole thing was done. Mr. Gray said that it was a $15,000 study. Mr. Cataldo said that Mr. Gray is saying it will not be finished this fall; to put the drainage in and rough grading done and six weeks to pave it. 5 Mr. Mitchell asked about land acquisition, the Steam property and the Lloyd land. He asked where we stand? Mr. Gray said that, on the Steeves' property, Mr. Sussman has received signed options back from the owners. Surveys are being made by a private engineer on the Lloyd land; as soon as they are finished, Mr. Legro will receive them; the Board has. authorized preparation of the paper. Mr. Mitchell asked about the Woburn Street and Lowell Street recreation land. He said that one part has been acquired and the other piece has not been. Mr. Gray said that the Board instructed that all land be acquired this year. Mr. Mitchell said that they had sent the Board a bud- get sheet and they would be interested in getting ideas on proposed capital expenditures. The Chairman said that, with the increase in construc- tion costs on sewers, if we maintain $250,000 on sewers, all we are doing is cutting back on the program; people don't want to be out back, they would want the tax rate cut back. Mrs. Rawls said that it was put up to $270,000 last year. The Chairman said that going to $270,000 wasn't enough to take care of the sewers last year. Mr. Mitchell said that they had discussions on the need and getting a feedback on telephone calls and petitions com- ing in; we would be helped if we could get some idea of the need, the emergency category. The Chairman said that we could give them a list of those the Board of Health has placed in order of priority. Mr. Gray asked how they felt about a subdivider who is already to go ahead with the subdivision and this is the only thing holding it up. Is this an emergency? Mr. Mitchell said that putting sewers in subdivisions is a high priority item to them. Mr. Cataldo said that we have taken care of every subdi*ision; this is not the problem area. The trunk pro- gram is tremendous, it is laterals that are the problem; some trunks to serve this type of lateral. Are you telling us that if we had tremendous needs, health-wise, you would find more money? Mr. Mitchell said that they would listen. Mr. Cataldo asked if there was money available, or not? Mr. Mitchell said that, in the past, they had given $1,300,000 in requests. Mr. Cataldo asked what criteria they are going to use, say that you are giving that much now? Mr. Mitchell said that if you could persuade us that this is the need, we would cut down somewhere else. Mr. Cataldo said that if we submit all the requests and say we need $400,000 on sewers, to do this you would cut $50,000 on streets, etc. and we would be back at the same place. Mr. Van Boughton said that if we have a health prob- lem in the Town, and the Board of Health is willing to stand up and say it is a real health problem, perhaps we ought to consider putting off sidewalks. We should say we have decided to put our money here. If you have a real problem, you ought to come up with the facts, Every- body wants a street, sidewalks -- these are capital ex- penditures. The program is not a bad program and you ought to live with it. The Chairman said that, on sidewalks, people call me about the safety of Children. Last year we had Valley- field Street and we couldn't deny that; Bridge Street is another. Someone has to make the judgment on where to draw the line; it is difficult when everyone is screaming. Mr. Kenney said that we were authorized four streets and we are only going to do three. Mr. Gray said that we can justify on sidewalks by doubling the sidewalk budget. Mr. Cataldo said that the Planning Board is going to recommend it. Mr. Mitchell said that we have made our point on the sewer. The Chairman said that we will send you a list of the requests and priorities of the Board of Health. Mr. Mitchell asked about the project of the Town Office Building. Mr. Cataldo said that they are in the throws of evalu- ating the concepts to give us the space. It is our feel- ing that we would like the final plan and specification money to be $25,000. Mr. Mitchell asked if they had given consideration to using the school buildings that are vacated. Mr. Cataldo said that the schools have increased en- rollments. They have their own thoughts, to use Hancock as an administration building and give us Monroe; they will give us an official answer in two weeks. I can' t see them releasing any space. Mr. Mitchell said that it would be more desirable to remodel Monroe than Hancock. Mr. Cataldo said that lie were considering Monroe as a Police Station. If we built a new Police Station, we would have enough space for our offices. The location of Hancock is out of the way for a Police Station, In our evaluations, we wouldn' t have to build any new building. Mr. Kenney asked about the use of the Barnes property. 4 Mr. Cetaldo said that they were *tiling to give that up, if we built a new building. We have no concept that in- oludesthat space; we could not wait for them to move. Mr. Mitchell asked if there was any progress on the Incinerator Study Committee. The Chairman said that we have our members on that Study Committee and we meet tomorrow night. Mr. Mitchell said that he felt that the dump would eventually be unsatisfactory. Mr. Cataldo said that it would not be an incinerator at this point; it would go by Pennsylvania railroad to the west- ern part of the state. It has to go to the people before anything could be done. Mr. Mitchell asked if there were any major plans on the playing fields. Mr. Cataldo said that we would like you to give $10,000, $15,000 or $20,000 on Lincoln Street. Mr. Mitchell said that they Would like to reserve the amount until they have a chance to think about it. The Chairman said that we saved money by getting the fill from the river. Mrs. Rawls asked about the kind of surface. Mr. Cataldo said that the fence and landscaping in front of the fence, the road into the parking lot, and the base of the parking lot will be in. Mr. Mitchell asked about the ball field. Land Mr. Cataldo said that they are trying to squeeze that in. Acqui- Mr. Mitchell asked if there would be major land acquisi- sition tion in the spring? Mr. Kenney said that we have the Douglass land in the oenter. Mr. Boughton asked if it would be for parking purposes? Mr. Mabee said that it would be for parking and/or Li- brary purposes. Mrs . Rawls asked about the possibility of the house being used for a children' s library? Mr. Mabee said that, on a temporary basis, it was dis- cussed at the meeting but it doesn' t look like a sound way to do it. They thought of using Hancock School, but that didn't seem like a good idea either. Mr. Mitchell said that they would like budget guidelines on the Douglass property. The Chairman said that they will get them. Mr. Boughton asked about the Hamilton land. Mr. Gray said that Conservation is working on this; there is nothing concrete at this time; still negotiating with Mr. Hamilton. The Chairman said that the Conservation Committee has problems with eminent domain; Mr. Sussman will explain them ' to you. Mr. Boughton asked about school site negotiations; there were a number of things authorized, With money attached, five or six years ago. The Chairman said that appraisals are being made; maybe some of these lands no longer should be acquired. Mr. Kenney said that Mr. Gray is going to check them. Mr. Gray said that they are now being surveyed. School The Board will make a decision whether to take bhem or Sites not. Mr. Gray is to make a list of the lands for Capital Expenditures. Mr. Kenney said that, from an economic justification, instead of hiring another Policewoman we could put in a Side sidewalk. The requests will be for either sidewalks or walks Policewomen. On the corner of Adams or Coolidge Streets, we found that we could build a sidewalk on the opposite aide of the street. Mr. Blake asked how much it would cost to plow and maintain a didewalk? The Chairman said that we would have to talk about the whole sidewalk. Mr. Gray said that the salary for a Policewoman is $1500 or $1600. Mrs . Rawls asked about the Reeervoir The Chairman said that it was very low. He had talked with Mr. Huestis and the State Department of Public Works is coming up with the rules and regulations. Mr. Cortell is meeting with them within a week to give Reservoir some report of the progress. Work is being done very carefully. No moves are being made to implement the Town Meeting vote; nothing is being done so that we waste money. It was agreed to meet with the Capital Expenditures Committee around the Middle of November. The Capital Expenditures Committee retired. Upon motion duly made and seconded it was voted to Executive go into Bxecutive Session for the purpose of.diacussing, de- Session liberating or voting on matters which, if may public, might adversely affect the public security, the financial inter- est of the Town, or the reputation of any person. After discussion concerning the reputation of a person and the financial interest of the Town, it was voted to resume the open session. el Mr. Legro requested the Board to adopt the easement for the Valley Road Sewer, with an award of damages in the amount of $25 to Mr. Massucco and an award of damages in the amount of $2500 to Mr. Neal. Upon motion duly made and seconded, it was voted to Valley adopt the easement for the Valley Road Sewer in the pro- Rd. Sewer perty of Mr. Massucco, with an award of damages in the Easements amount of $25. Upon motion duly made and seconded, it was voted to adopt the easement for the Valley Road sewer in the pro- perty of Mr. Neal, with an award of damages in the amount of $25. Mr. Vocell of the Vocell Bus Company met with the Board. He said that he had been granted a temporary per- mit to operate his bus line over Lowell Street to the Burlington Mall, and would nrw like to apply for a perman- ent license. He had met with the Traffic Study Committee and had gone over the bus stops and the schedule with them. Mr. Cataldo asked who is to pay for painting the signs and bus stops? Mr. Gray said that Public Works would take care of it. Mr. Vocell said that he was told by the DPU to ask the Selectmen for a permit, instead of a letter. Upon motion duly made and seconded, it was voted to grant a license to the Vocell Bus Company, Billerica, to Vocell operate motor vehicles for the transportation of passen- Bus Co. gers from Russell Street, Woburn to East Street, Lexing- ton to Lowell Street to Burlington Mall. Return trip on Lowell Street to Woburn Street to Lexington - Woburn town line. The designated bus stops are to be at the following locations: Stop #1 - On the Northerly aide of East Street, East of Lowell Street. Stop #2 - On the Westerly side of Lowell Street, South of East Street. Stop 13 - On the Westerly side of Lowell Street, South of Fulton Road. Stop #I. - On the Southerly aide of Woburn Street, East of Lowell Street. Stop #5 - On the Southerly side of Woburn Street, East of Marshall Road. Mr. McSweeney informed the Board that he hap the breakdown on Ewell Avenue. By eliminating Ewell Avenue and the inspection, receiving reimbursement on the sur- vey, it would be $95,380. Whitman and Howard' s reim- Ewell bursement would be $2,000. Avenue Mr. Legro said that it was not possible for him to give an opinion. It should be reviewed carefully; it is lU not consistent with the competitive bidding law. We could rebid it on one or all four streets. You might bid it with alternates. It is possible that all streets do not have the same number of cubic yards . They were willing to bid the price, based on quantities; you could be changing the order of bidders, they bid the four streets. Mr. McSweeney said that we are getting into the area of the November 15 deadline; my original recommendation still stands that we put out to bid in the spring, using authority for 616 money or an additional appropriation. Mr. Cataldo said that we would be making a mistake waiting. Even if we went to this point, they could have the binder on these streets and take advantage of this year' s price. In my opinion, it doesn't make sense. The Chairman said that we could leave off the retain- ing walls on Vaille, Ewell and Grassland, or reject all bids on sidewalks. Mr. Legro said that we may have a policy problem, but no legal problem. The Chairman said that specifications should be pre- pared for Vaille, Ewell and Grassland, omitting Hillcrest. Upon motion duly made and seconded, it was voted to instruct the Town Engineer to prepare specifications for Vaille Avenue, Ewell Avenue and Grassland Street. Mr. Gray informed the Board that he had talked with pool companies on estimates for the swimming pool. Mr. McSweeney said that he had made an inquiry as to why they didn' t bid on the instructional pool. Continen- tal Pool, Lynn, said that they were not interested at the time, but now believes, from the plans and specifications, Instruc,. that it could be built for $17,000, filter drain house, tional 6200 works and maintaining it, $5800, contingency, $1500. Swimming We have also talked with Master Pools in Seekonk and they Pool claim that it could be done under our appropriation. We are looking for permission to readvertise the bids. Upon motion duly made and seconded, it was voted to readvertise the bids for the instructional swimming pool. Mr. Cataldo said that Camp, Dresser and McKee should be informed that we do not intend to pay the bill they submitted; we have paid them $3600. We originally had $20,000, and then we got them. Based on their recommend- ation of $30,000, the Board went back to Town Meeting. Mr. Greeley said that we have paid them more than a fair percentage; we are not going to pay them any more money. 1 11 II Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, Executive might adversely affect the public security, the finan- Session cial interest of the Town, or the reputation of any person. After discussion concerning the reputation of a person, it was voted to resume the open meeting. The Chairman read a letter from Chief Corr, request- ing the appointment of Captain Paul E. Furdon as Acting Acting Chief of Police during his vacation period of October 5 Chief of through October 27, 1968. Police Upon motion duly made and seconded, it was voted to appoint Captain Paul E. Furdon as Acting Chief of Police from October 5 through October 27, 1968. Upon motion duly made and seconded, it was voted to Patrol- accept the resignation of Patrolman Stanley Robbins, ef- man Resig- fective September 27, 1968. nation The Chairman read a letter from the Lexington Arts and Crafts Society, requesting permission to hold the annual Buckman Tavern Show on Sunday, October 13, 1968 Arta & IIfrom 12 noon to 5:30 P.M. on the Buckman Tavern grounds. Crafts Upon motion duly made and seconded, it was voted to grant permission to the Lexington Arts and Crafts So- ciety to hold the annual Buckman Tavern Show on Sunday, October 13, 1968 from 12 noon to 5:30 P.M. on the Buckman Tavern grounds. The Chairman read a letter of resignation from Mr. Raymond E. Lewis as a Republican member of the Board of Registrars, effective April 1, 1969, and as a member of the Town Celebrations Committee, effective immediately. Resignation Upon motion duly made and seconded, it was voted to accept the resignation of Mr. Raymond E. Lewis as a Republican member of the Board of Registrars, effective April 1, 1969, and member of the Town Celebrations Com- mittee, effective immediately. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen's Meeting held on Minutes September 23, 1968. The Chairman read a letter from the Mystic Valley Gas Company requesting permission to install a 4-inch medium pressure welded steel gas main in Liberty Ave- Permit IInue and Ledgelawn Avenue . Also, requesting permission to install a 4-inch pressure welded steel gas main in Whipple Road. 12 Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to lo- cate a 4-inch medium pressure welded steel gas main in Liberty Avenue, Ledgelawn Avenue, and Whipple Road, Lex- ington. The Chairman read a letter from the Massachusetts Town Selectmen's Association announcing that the Lexington Report Town Report was awarded second prize and the certificate would be awarded at the Annual Meeting at Harwich on October 12, 1968. The Chairman said that he and Mr. Zehner will at- tend the meeting to accept the award for the Town of Lexington. Street Upon motion duly made and seconded, it was voted to Betterment sign street betterment and assessments for Payson Street, Assessment Lake Street, Dewey Road and Burlington Street. Upon motion duly made and seconded, it was voted to Street sign the sewer betterment orders for Meriam Street, Betterment Partridge Road, Turning Mill Road, Meadow Brook Avenue, Orders and Hartwell Avenue. Upon motion duly made and seconded, it was voted to Common sign the common victuallers license for Take Home Foods Victualler of Lexington, Inc. (Kentucky Fried Chicken) , 211 Massa- chusetts Avenue, Lexington. Upon motion duly made and seconded, it was voted to Abatement sign the abatement on water rates for Morris Berman, Ac- count No. A-54-3, in the amount of $8.75 Upon motion duly made and seconded, it was voted to adjourn at 10:50 P.M. A true record, Attest: Executive Clerk, Selectmen \ 13 SELECTMEN'S MEETING October 7, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen's Room Town Office Building, on Monday evening, October 7, 1968 at 7:30 P.M. Chairman Cole, Messrs Cataldo, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. Wonham, Assistant Super- intendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Gray requested the Board to sign a Chapter 90 agreement with the Commonwealth for the construction on the widening of Lowell Street in the amount of $26,000. Chapter Upon motion duly made and seconded, it was voted to 90 sign the Agreement between the Town of Lexington and the Commmonwealth DPW for the widening of Lowell Street. Mr. Gray informed the Board that the Engineering De- partment requests a transfer of $2200 from the Reserve Fund. Advertising fees for the Assistant Town Engineer and the Senior Engineer were almost $500, charges for rental of equipment exceeded the appropriation, miscellaneous account was $540 and only $100 has been appropriated; in the past the budget for two vehicles was $800 and is presently being charged $225 a month for five vehicles. The Department had four vehicles and was only charged for two. With the addi- tional inspector, it is now charged for five vehicles, Transfer three pick-up trucks, one carry-all truck and one sedan. The Chairman asked if the Appropriation Committee is aware of this request for a transfer. Mr. Gray said that he had informed Mr. Perry about it and also told him that we will be requesting a transfer next week because of the Referendum and the Special Town Meeting. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer to the Engineering Department from the Reserve Fund in the amount of $2200. Mr. Gray informed the Board that a letter had been re- ceived from Instrumentation Laboratory inviting the Board to an open house on Saturday, October 26, from 2 to 5 P.M. and also asked if there were any requirements to be met in Instru- order to have it. mentation Upon motion duly made and seconded, it was voted to Laboratory write Instrumentation Laboratory and say that the Board had no objection as long as a Police Officer is on duty at Hartwell Avenue at the entrance to the Instrumentation Labor- atory. 1 Mr. Gray requested the Board to sign a license issued to the Vocell Bus Company, Boston Road, Billerica. He said that he had discussed the license with Mr. Legro and their suggestion is that it be issued for a period of one year. The DPU said that we may issue a permanent license, but Vocell it is up to the Board. The bus stops are specified on the Bus Co. license and they will be marked by signs made by our De- partment of Public Works. Upon motion duly made and seconded, it was voted to issue a license to the Vocell Bus Company, Billerica, for the transportation of passengers from Russell Street} Woburn to East Street, Lexington to Lowell Street to the Burlington Mall. Return trip on Lowell Street to Woburn Street to Lexington-Woburn town line. Mr. Gray said that the Traffic Safety Committee met to discuss the parking situation in Lexington Center. The recommendation is to have the parking hours 9:00 A.M. to 6:00 P.M. , six days a week, with the stipulation that it be on a three months' trial basis; the hours are now 8:00 Parking A.M. to 6:00 P.M. and, on Fridays 8:00 A.M. to 9:00 P.M. Meters Mr. Kenney asked about holiday regulations. Mr. Gray said that it is the feeling of the Committee that holidays are not excluded and the rule should not be changed. Upon motion duly made and seconded, it was voted that the parking hours in Lexington Center are to be 9:00 A.M. to 6:00 P.M. , six days a week, on a three month trial basis . The Chairman read letter of resignation from Dog Officer .Cazlson, effective October 14, 1968. Dog Upon motion duly made and seconded, it was voted to Officer accept the letter of resignation from Dog Officer Carlson, effective October 14, 1968. The Chairman said that on October 14, 1968, we will not have a Dog Officer. Appoint- Upon motion duly made and seconded, it was voted to. Mentpoint Francis Belcastro as Dog Officer, effective October 14, 19684 5-10-C, at an annual salary of 45967.QQ Mr. Gray said that a copy of his duties will be sent to Mr. Belcastro. Upon motion duly made and seconded, it was voted to Asst. Dog appoint Carl A. Carlson as Assistant Dog Officer, until Officer such time as an orderly transition has been effected. 5 The Chairman read a letter from the ABC regarding the rules and regulations on Columbus Day, October 12, 1968. ABC Upon motion duly made and seconded, it was voted to Columbus accept the regulations set forth by the ABC that package Day stores may open at 1:00 P.M. until 11:00 P.M. and motels and restaurants may serve liquor on Columbus Day, October 12, 1968. Mr. Gray informed the Board that the Public Works Department had received sealed bids for rock salt from the Chemical Corporation, S1+ Waltham Street, Springfield; Bids Eastern Minerals, Inc., 130 Plain Street, Lowell; Inter- national Salt Company, Clarks Summit, Pennsylvania. Each company bid $14.98 a ton, and it is recommended that one- third of the contract be awarded to each company. Upon motion duly made and seconded, it was voted to award one-third of the rock salt contract to the Chemical Corporation, Eastern Minerals, Inc. and International Salt Company in the amount of $14.98 a ton. The Chairman read a letter from the Montessori School, requesting permission to have Rex Trailer next May for a Montessori fund raising performance on the High School football field. School The letter was discussed and, because of the possibility of Rex Trailer' s horse damaging the sod, it was agreed that Mr. Gray is to talk with Mrs. Rosenberg of the Montessori School. Upon motion duly made and seconded, it was voted to Sidewalk sign the sidewalk order for Tufts Road. Order Upon motion duly made and seconded, it was voted to approve the Minutes of the Special Selectmen' s Meetings Minutes held on August 19 and August 21, 1968. The Chairman informed the Board that a request had been made by Mr. Stevens, Counsel for the Lexington Liquor Mart, to approve the transfer of a liquor license Lexington for the Lexington Liquor Mart from Lexington Center to an Liquor addition to the First National Stores on Bedford Street. Mart No one appeared in favor or in opposition. Transfer Upon motion duly made and seconded, it was voted to approve the transfer of a liquor license for the Lexington Liquor Mart to an addition to the First National Stores . Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, 16 might adversely affect the public security, the financial Executive interest of the Town, or the reputation of any person. Session Following discussion of financial interest to the Town, it was voted to resume the open meeting. Mr. Kelley of the Minute Man Disposal Company met with the Board. The Chairman said that the Board had made a decision to suspend the license of one of Mr. Kelley' s trucks to use the dump and Mr. Kelley is here to plead his own case. Mr. Kelley said that, because of an unfortunate inci- dent, the penalty you gentlemen have given me has been quite severe, it has cost me quite a bit of money in the past two weeks. I am here to appeal it and hope to change your decision. On the Wednesday before -Labor Day, a fellow came up looking for a job. He told me he had just moved up from Rhode Island and originally worked for City Sanitary and was familiar with this type of operation. I hired him; he was living in Waltham; I gave him the route list and 20 for the dump fee. He reported back at 2:00 P.M. and told my wife that he had completed his day' s work. He wanted $10 in advance and my wife advanced the Minute $10. On Saturday he didn't show up. His address was Man checked and City Sanitary had no record of him working Disposal for them. The Tuesday after Labor Day the Police came and wanted the name of the driver of the truck. I was going to go down to the station but didn' t. Due to the holiday I couldn' t go down, and after that, I forgot about it. I received a letter from the Board that the permit had been suspended for sixty days. It is the first time that any contractor has been given one on the first vio- lation. It is a severe penalty. The Chairman said that the Police tried to get in touch with you several times. Mr. Kelley said that he went away. Mr. Gray said that on September 13, they tried to contact you; the violation happened on August 30, nobody heard from you. The Chairman asked if the Board had suspended any other licenses. Mr. Gray said that some had been suspended indefi- nitely; on the first offense it has been done for an indefi- nite period, some have been given back in thirty days, some less than that. As I told the Board, Mr. Kelley contacted me and I told him I would bring it up at the meeting, which I did. I told him that he could not use the dump that weekend. I received a report on Monday that an attempt was made to use the truck. I called Mr. Kelley and he said ry 11 IIthat the truck had not been up on Saturday. I checked it out and received a report from Mr. Wenham on September 28, that the truck did go up there, his man did go up there, perhaps without his knowledge. Mr. Kelley said that he went away on Friday night, I had to hire two men because I was so far behind in the work. I left instruction to tell the driver to take the Packer on which the permit had been suspended and do one load and take it to the out-of-town dump, to come back and finish up the overflow he would get with the open truck and go to the dump. He got the story mixed up and went to the dump. Mr. Mabee asked if there were any violations prior to this? Mr. Gray said that there were none. The Chairmansaid that during the period of revoca- tion you have been going to another dump. What is the total in fees that you have paid? Mr. Kelley said that his fees are well up over $200. Mr. Kenney asked, when the Police Department con- tacted you, did they actually get in touch with you more than once? You didn' t say that they specifically talked with Mr. Kelley, was it someone at the- office? Mr. Kelley said that the only time he was in contact with the Police was the Tuesday after Labor Day. Mr. Mabee said that there were phone calls. Mr. Gray said, on September 13. Mr. Mabee asked, you didn't get any? Mr. Kelley said that one of the Police Officers came to the house. The Chairman asked if Mr. Kelley had anything else to add. Mr. Kelley said that it was very unfortunate; I am trying to operate a business; for one mistake you gentle- men are putting me out of business; I am operating a one- man business and use part time help 2, 3, or 4 times a week. The Chairman said that he understood his problem but Mr. Kelley understood the problems we have trying to run a sanitary land fill; there has to be close supervision. It will be up to this Board to reconsider any action they have taken. 'nu will be informed. Mr. Kelley said that, in all the years he has been in this business, this is my first offense. I try to operate a good business and I think the penalty is high. The Chairman said that, while you admit you are re- sponsible for the business, you did get a "fly-by-nighter"; if you had gone to the Police Station, it would have worked out very well. I am sure that this Board will take up the matter of reconsideration and will let you know the verdict. Mr. Kelley retired at 8:30 P.M. 18 Upon motion duly made and seconded, it was voted to Executive go into Executive Session for the purpose of discussing, Session deliberating or voting on matters which, if made public might adversely affect the public security, the financial interest of the Town, or the reputation of any person. After interviews with applicants for the position of Assistant Building Inspector, it was voted to resume the open meeting. The Recreation Committee met with the Board. Mr. Bond informed the Board that the Committees had met with Mr. Woodington of Kennecott Copper to talk of leasing a piece of land at Munroe Road. With the lack of a play lot in that area, there is a beautiful piece of land there; he did not know if Kennecott Copper would go along with the idea or not; if the Board of Selectmen approve, the Recreation Committee would like to suggest that area, to level it off. The Chairman asked how much money was involved. Mr. Bond replied that it was $3,000. I don't think we should ask the Planning Board as they were talking of five or ten years. The Chairman asked if it would be another super- vised playground. Mr. Bond said that it would not be; there are two Recreation unpurchased lots. Committee The Chairman said that there was still a plan along Hayden Avenue. Mr. Greeley said that it was too indecisive, and asked if two lots on Valleyfield were acquired, would that be better? Mr. Cataldo asked if Mr. Bond had a plan .showing the two lots. He asked if the Recreation Committee initiated this, or the Planning Board. Mr. Greeley showed the Board the area on the Town map. He said that the Planning Board and your long range plan is to take the land. Mr. Cataldo asked if we were going to buy that ).and. Mr. Gray answered in the affirmative. Mr. Greeley said that if we get the land on Valley- field, wouldn't that be better? Mr. Gray said that the money has been allocated by Town Meeting for a number of years. Aside from that, whether purchased or not, we will make the taking. He asked if this parcel was agreeable. Mr. Greeley said that we would spend on our own land; it is a matter of our implementing it. Mr. Bond said that the Planning Board seems to think it is five years away. 19 Mr. Gray said that we can make a taking within two or three months. The Chairman said that the money had been appropri- ated, they agree that the land can be used for a playground. This taking can be made; wouldn' t that be a better deal for the Town than leasing the land? Mr. Cataldo asked if the Kennecott land was zoned. Mr. Gray said that it was zoned consistent with other zoning. Kennecott Copper stands to gain as they have a softball team. We only need an acre. The Chairman asked what is holding up the Planning Board? Under their jurisdiction, it seems to me if they agree that the Valleyfield area is better than this, if this can be done, to get them moving. Mr. Greeley said that they think that the area in that part of Town is being improved. Go to Town Meeting if ac- quiring the lots; they will do it . The Chairman said, if we can get them moving on Valley- field. Mr. Gray said that we should talk with the ewner and if we cantt do anything make a quick taking. Mr. Greeley said that there are, actually, two lots there; only one is essential; it would be wise to purchase one, and delay on the other. Mr. Gray said that he would talk with Mr. Zaleski in the morning. Mr. Bond informed the Board that he would like to dis- cuss the Reoreation Budget. He said that it would be $23,000 for the Harrington School, $18,000 for two tennis courts, and $5,000 to connect school land with the present developed land. They had $3,000 for Kennecott and would carry it over for Valleyfield Street; the total was $50,000. $$,000 was for the Laconia School site. Mr. Greeley asked what was going to be done there., Mr. Bond said that they were just going to level the land. $1,000 was for a backstop; 18,000 for the Center. Rec. Mr. Gallagher said that the $18, 000 is subject to Budget amendment. The Chairman asked if the Recreation Committee Board is unanimous on the tennis courts. Mr. Bond said that they would have to vote. Mr. Hayes said that the original plans call for twelve courts along the Science Building. Mr. Cataldo said that the enclosed field is never mov- ing; we don't want to let go of the land. Mr. Mabee said that the best place for additional tennis courts is next to where they are; they ought to be all together. 20 Mr. Cataldo asked if there was any money left in the budget. Mr. Bond said there was $1,000 on Hennessey. Mr. Bertini said that, according to Mr. Perry, it wa■ $966. Mr. Bond said that they had no thoughts on Lincoln Street, maybe the Board bad; he didn't know where they stood on the Reservoir, they have had no word on it. Mr. Hayes said that $1,000 had been appropriated for Hennessey years ago; then we find out there isn' t much we can do there; the Estabrook School is there and they don' t need a playground. The Chairman said that for two years in a row, we have bad a request to burn these fields . The grass gets rather high and there was a bad fire there. Mr. Cataldo s&id that Civil Defense burns them; we will have a problem with bird-lovers. Mr. Greeley said that he didn't think that it was any more of a tinderbox than other areas in Town. He thought that there were many good junipers in there. Mr. Gray said that there have been calls to Public Works to take care of it . Mr. Cataldo said that they were not going to burn at this time of year; the complaint is growth. The Chairman said that he would like to answer the letters the way the Board votes. Mr. Cataldo said that the program for Town owned land is either to burn them all or none; we are not going to filo one at a time. The Chairman said that he will answer the letter and say that the Board will not burn it over because we do not have the manpower. Mr. Mabee mentioned the $1,000 for Hennessey. Mr. Bond said that it was ludicrous to touch it, that land is right near the Estabrook School. The Chairman asked if we could use the $1,000 to burn 1t? Mr. Bond answered in the affirmative. Mr. Bertini said that you couldn't burn it for $1,000. The Recreation Cotrarrittee retired. Asst. Mr. McSweeney came into the meeting. He informed the Town Board that he is to be on vacation and would be unable to Engineer attend the Street Hearing on Lowell Street on October l6th. Mr. McSweeney requested the Board to vote on the ap- pointment of an Assistant Town Engineer. Upon motion duly made and seconded, it was voted to appoint Mr. Frederick J. McGarry as Assistant Town Engineer, with a classification of 3-22-A, at an annual salary of $9768, effective October 28, 1968. Upon motion duly made and seconded, it was voted to adjourn at 10:30 P.M. A true record, Attest: 7 Executive Clerk, Selectm / V r SELECTMEN'S MEETING October 14, 1968 I A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, October 14, 1968 at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Gray requested the Board to sign the Order of Tak- ing on the Emerson Road sewer easement to the North Emerson Lexington sewer; with an award of no damages. Road Upon motion duly made and seconded, it was voted to Easement adopt the Order of Taking on the Emerson Road sewer ease- ment to the North Lexington sewer, with an award of no damages. Mr. Gray informed the Board that a letter has been received from the State Water Resources Commission giving Force approval of the awarding of the bid and authorization to Main award the contract for the force main. Contracts are being prepared and will be ready for signature by the Board on next Monday. The project is to start on October 28, 1968. Mr. Gray informed the Board that he had requested Budget that copies of letters sent to the Appropriation Committee be sent to him. They will be filed until budget time. Mr. Gray said that a copy of a letter sent to the State Department of Natural Resources regarding the Hart- Hartwell well Avenue Realty Trust' s proposed plan to develop the Realty site as an Industrial Park has been received. He read a Trust letter from the Town Engineer to the Board, stating that the project had been reviewed and recommendations made regarding the sanitary sewer and land cuts. Also, the Town Engineer's letter states that the plan does not give sufficient information concerning proposed drainage in this area and provisions must be made to insure proper operation of existing drains . A copy of this letter is to be sent to the Consulting Engineers for the Hartwell Avenue Realty Trust. Mr. Gray said that Mr. Robert Wilson of Bartlett Goodwin Avenue had been in to see him regarding a problem with Property the Goodwin property.. The condition of the land has not changed since the original complaint. 23 Mr. Kenney asked if there was open excavation on the property. Mr. Gray said that it was a junk yard. There was an old refrigerator type truck there and Mr. Wilson called the Police and they made them take the door off. Mr. Cataldo said that it is an accumulation of junk over the years and it is progressively getting worse. Mr. Gray said that this is going to be a legal mat- ter; we have done everything the Selectmen should do. Mr. Cataldo said that Mr. Legro should farm it out if be is too busy. Mr. Kenney asked under what specifics of law this would come under. The Chairman said that we had a hearing and they haven't done anything. Mr. Gray was asked to discuss the situation with Mr. Legro and if he is too busy, he could assign it to Special Counsel. Mr. Gray informed the Board that the Building In- spector is at a conference at the University of Massachu- setts this week and a substitute Inspector should be Substi- appointed during his absence. tuts Bldg. Upon motion duly made and seconded, it was voted to Inspector appoint Richard Soule as Acting Building Inspector during Mr. Irwin' s absence. Mr. Burke informed the Board that he had two employ- ees in the Department of Public Works that he would like to discuss. One is in the Park and Shade Tree Division and has been trained as a tree climber. He is presently W-2-C at an hourly rate of $2.68. Mr. Burke requested that he be reclassified to tree climber, W-1+-B, at an hourly rate of $2.80, effective October l4, 1968. He has been doing a good job and has proven to be very capable. Mr. Cataldo asked if he was creating a new position. Public Mr. Burke said that he has four climbers and this Works would make the fifth; he would have one more climber and Employee one less laborer; the work on trees ices increased in volume. Mr. Cataldo said that he doesn' t know if it falls into the same category, but the Fire Department asked to do this last year and we turned them down . This is a new job; if it was just to fill a vacancy, we would have no qualms about agreeing with you. , Mr. Burke said that one climber fell and broke his ankle and won't be able to climb for some time. Mr. Cataldo said that if this position was author- ized, it would be fine but we would not want to put our- selves in the position of creating new jobs in the middle of the year. 24 Mr. Kenney asked if he intended to put in for five climbers next year? Mr. Burke said that he would. This fellow has been climbing since March and he has indicated an interest in the work. We felt that we would try him and, if he proved out, we would try to reclassify him. Mr. Cataldo said that you are going to open the whole thing up. There are fellows you are going to want to hold because they want more money. I would hate to throw it open and have to consider ORO of these a month. This is not authorized; it is not the money I object to. Mr. Greeley made a motion that, in view of the fact that a vacancy occurred unexpectedly and the man was com- petent to fill the vacancy, we authorize and upgrade him; that he was called upon to do the work and did it ably. Mr. Mabee suggested that it be done on a temporary basis, with the understanding that we agree at budget time to five climbers . Mr. Cataldo said that the situation as it exists is, that he came in not to fill a vacancy, he was interested in tree climbing. He wanted the experience to do this work and we should encourage this, but they should go in with the understanding of what our policy is. Mr. Burke said that, during the winter, a man decided that he no longer wanted to climb. He was transferred after budget time, creating a vacancy. This man stepped in; he had little training before, he was not rated as such. Mr. Greeley said that we want to encourage employees to improve themselves. If a man is working toward that ob- jective and we find that he can fill the job, it is reason- able to upgrade him at budget time; you are asking us now. The Chairman said that we can do it on a temporary basis; it hinges on approval at budget time. Mr. Mabee said that we could authorize a temporary fifth tree man, with the understanding that we request a fifth man in March. He could be temporary to April 1st. Mr. Burke should clearly indicate to the employee that it may not be permanent. Upon motion duly made and seconded, it was voted to authorize the reclassification of Paul R. VanVoorhis from W-2-C, $2.68 an hour, to W-4-B, $2.80 an hour, as a tem- porary fifth tree man until April 1, 1969, effective October 14, 1968. Mr. Cataldo was recorded in opposition. Mr. Burke said that we rehired a former employee of Public the Town in April, 1968; he was employed from 1960 to 1965. Works He was rehired as W-3-C, $2.80 an hour, with the under- Employee standing that, at the end of six months, if he proved out, 25 he would receive $2.90 an hour. We brought him back in the same capacity that he left, but not at the same rate. He can operate the trucks and can be used as Foreman of a crew; he is not licensed for the backhoe. Mr. Greeley asked if an agreement to reconsider after six months is a known practice. Mr. Burke said that it was not, only on qualified men. The Chairman asked if he was given assurance that this would be done. Mr. Burke said that he was not ; he had left, previ- ously, because of a family situation. The Chairman asked if, because we are in negotiations with the Union, it would have any bearing on these requests. Mr. Burke replied in the negative. The Chairman said that he was disturbed because, if we have a policy, either it is not stated specifically or we haven' t elaborated on it. It would appear that we ra- James H. tionalize on the cases; both cases have merit. If we have Graham had a policy and, as stated before, every time we ration- alize a change, we weaken the policy. Mr. Burke said that one of the problems in munici- palities is, many times the budget sets a specific number of people in given classifications. We can hire him to- day and, if he gets experience, he moves on somewhere else. The Chairman slid that we are not allowed latitude running our departments, as Corporations are. Mr. Mabee said that since you got the union, the ability to be flexible is going to be curtailed. My in- clination is to use flexibility now, to use it for some good. Mr. Kenney asked if Mr. Burke had told the fellow that he would attempt to do this. Mr. Gray said that we told him that we would bring it before the Board. Upon motion duly made and seconded, it was voted to upgrade James H. Graham to W-3-C, at $2.90 an hour. Mr. Wheeler, Mr. Johnson and Mr. Leary of the Shera- ton Lexington Motor Inn met with the Board. The Chairman said that we have received a letter Sheraton from you requesting the relocation of the cocktail lounge Lex. and approval to proceed with these changes . Motor Inn Mr. Wheeler showed the plan and described the changes to the Board. He said that they are relocating the lounge; it was 660 square feet and will be 740 square feet, all new construction and there would be no stools at the bar; 300 people can be taken care of on this level, and 100 people on the floor below. The Chairman asked if he could get a full meal at the lounge. Mr. Wheeler said that he could. 4) 6 Mr. Cataldo asked what the set-up was for functions. Mr. Wheeler said that it was a portable bar type of set-up. Mr. Cataldo said that you would still sell the liquor, and asked if that wasn't supposed to be on their license? And the function rooms the same. Mr. Gray said that they would be permitted to have a portable bar for that particular function; the port- able bar would have to go to the new rooms. Mr. Cataldo said that you don' t have that in the application. We would like it understood that meals could be served in the cocktail lounge area. Mr. Mabee said that the whole idea of granting li- censes in the very beginning was so that people could go and have a drink with a dinner. Mr. Wheeler said that we have done this . We find that a cocktail waitress might not want to serve you,- but we feel that if this is part of the law, we are giving to adhere to it. Mr. Cataldo asked if they were serving in the new section? Mr. Wheeler said no. Mr. Cataldo asked when they planned on opening. Mr. Wheeler said some time between the 1st and 15th of November. The Chairman said that they should be specific on the names of the function rooms. Give the information to Mr. Gray prior to next Monday evening and we will take action on it. Mr. Wheeler, Mr. Johnson and Mr. Leary retired. Mr. Lind and Mr. Peterson of the Trinity Covenant Church met with the Board to discuss the subdivision. The Chairman informed them that the Planning Board has met with us and the majority of both Boards are in favor of the extension of Worthen Road from the School to the subdivision. Mr. Greeley said that we should explain to Mr. Lind Trinity that (1) the section that completes what is now done is Covenent Worthen to Marrett Road, (2) Marrett Road to your prop- Church arty, and (3) your property to Pleasant Street. All agreed between your property and Pleasant Street. Mr. Kenney said that the cost to the Town was what we discussed, the difference between the cost of 70' instead of 50' right of way and 410 instead of 30' pave- ment. Are you looking for assurance. Mr. Lind asked who is going to build the road that connects into our part of Worthen Road where the de- velopment starts? According to the code, we dant move. The Chairman asked if the developer would build the whole road, including the part that goes through school property? 27 Mr. Lind said that this would be a hardship to them to find a developer to do this. Mr. Cataldo asked if they were going to sell, and at what point are they in finding someone? Mr. Lind said that they have a party for this seg- ment. Mr. Cataldo asked if they will build up to the school site? There are no houses on Worthen Road. Mr. Lind said that when Worthen Road was laid out, they had worked with Mr. Carroll. There is a difference between a normal road and 44 feet; it would be borne by either the Town or some other agency. The Chairman said that we have an Article that the subdivider pay for the difference. You don' t care whether it is 30' or 44' road. You are concerned that you will build only that part necessary to your subdivi- sion not on Town land. Mr. Kenney said that the Planning Board indicated that he would be willing to share the costs. Mr. Lind said no. It is recognizable that the 550' portion prevents us from starting. If we could work out a variance to go down . . . that' s an avenue we wouldn't know how to approach. The Chairman said that it is up to the Planning Board, with the understanding that, in the future, Town Meeting would be approached for building on the subdivi- sion. Mr. Mabee asked if the Board was willing to put this on the Warrant for March to get the 550' road in? The Chairman said that the request should come from the Planning Board. The Board honors requests from other Boards; if we took the initiative and do it, they might feel we were stepping on their toes. Mr. Lind asked if the Board would be inclined to accept the Planning Board' s recommendations? The Chairman said that the majority of both Boards would be in favor. Mr. Kenney said, regarding who builds the road, the way it was presented to us was that the developer would consider building everything. Mr. Lind said that they are seeking an avenue to get the development going. Mr. Cataldo asked if they had discussed development coats of Worthen Road with their developer? Mr. Lind said that the figures were given to the de- veloper, we haven't perused them. Mr. Cataldo asked if he would be willing to discuss the whole of worthen Road with the developer. Mr. Lind said that, on the basis of costa of 30' the balance would be covered by the Town. Mr. Greeley said that as far as putting an Article before Town Meeting, the answer is clear; if the Plan- ning Board asks us, we would do it. Constructing that part of Worthen Road that goes across the school prop- erty, the difference for full t141 width would depend on careful estimates of relevant costs. Mr. Lind said that is what keeps us in a quandry. We discussed why not put in 301 now; the question is what is underneath the road. The Chairman said that you are going into the Duffey land, which has a 1141 road; you would have a 30+ road going into a 441 road. Mr. Greeley said that either the developer puts in a 301 and pays for the whole road; the additional should be paid for by the Town. Mr. Lind asked how they would go about doing this. The Chairman said to go to the Planning Board on the small portion on Town property. If. you say you want a 30+ road, you would end up with it. Mr. Lind said that we would then have to present you with two sets of figures. Mr. Greeley said, or work it out with the Town. Mr. Cataldo said that, regardless of what approach we would want a 701 layout regardless of the pavement width we decide on now; dollar-wise it would make no difference to you. The Chairman said that they should go to the Planning Board; if they ask the type of support, you have a majority of this Board. Mr. Lind asked if there would be time to get it into the Warrant? Mr. Gray said that he hoped to close the Warrant in December. Mr. Lind and Mr. Peterson retired. The Chairman read a letter from Ephraim Weiss re- garding the Disorderly Behavior By-Laws, as applied to loitering in the Center. He proposes that the Select- men consider some specific action, perhaps in the form of a public hearing, or, perhaps the Board could ap- Center point a Committee to study the matter and report back Loitering after investigation. Mr. Weiss states that if reason- able progress is in evidence, he would reconsider his present intention of submitting an Article for the 1969 Annual Town Meeting. The Chairman said that Mr. Weiss has concern in this area, he thinks the By-Law is poorly written and something should be done to change it. Mr. Cataldo said that a copy of Mr. Weisst letter should be sent to the Chief of Police. 29 Mr. Greeley said that this goes back to the Canham incident, the feeling that the Police are overzealous. We should arrange for them to have a chance to speak and to have Chief Corr speak. The Chairman said that he speaks at the High School and, at the question and answer period, he asks the stu- dents if anyone has been asked to move along for just loitering and, until today, not one has said that he has been approached. I tell them that they have the right to use the Park. Previously, Dr. Zolo told me that he knew of other instances and I asked him to get in touch with me regarding them. I have never heard from him. Mr. Greeley said that he feels the appropriate way to handle this is for both sides, at the same time, to have an opportunity to be heard; it is better than letters from Mr. Weiss, etc. Mr. Kenney asked if Mr. Greeley felt that this situ- ation has been toned down? Mr. Greeley said that he hasn' t heard anything. Mr. Mabee said that it would be better to have the meeting when things are good, rather than when they are bad. Mr. Cataldo said that there are two issues; are the Polioe moving kids when they are not supposed to? Mr. Mabee said that the real issue is the attitude of the Police. Mr. Greeley said that they want a meeting and to have Mr. Adams present. Mr. Mabee said that the Police are on the defensive and they don't have to be; because of this criticism, they have backed up. Mr. Adams said that he is uptown a great deal and sees what goes on. He suggested having a group of mer- chants come in; they are very interested parties. It was agreed to refer Mr. Weiss ' letter to Chief Corr. The Chairman read a letter from the Mystic Valley Dinner Association for Retarded, Inc. , regarding the fund rats- for ing dinner on Friday, November 8, 1968. Retarded The Chairman read a letter from Mrs. Barclay, Tax Collector, requesting authorization for Elizabeth Baird to sign the payroll in her absence. Tax Upon motion duly made and seconded, it was voted to Collector authorize Mrs. Elizabeth Baird to sign the payroll for the Office of the Collector of Taxes in the absence of Mrs. Barclay. The Chairman read a letter from the TMHA, inviting the Board to attend an educational seminar on Municipal Finanee on Thursday, October 31, at 8:00 P.M. at the TMMA Lexington High School Science Lecture Hall. Mr. John Seminar D. Goethel, Associate Council for John Hancock Insur- ance Company and student of Municipal Finance, is to be the guest speaker. The Chairman said that members of the Board should attend this seminar. Mr. Gray informed the Board that bids were opened Street today on three streets, Grassland Street, Vaille Avenue Bids and Ewell Avenue at the request of the Town Engineer. They are being checked out by Whitman and Howard. Mr. Gray will report on them next week. Street At the request of the Chairman, the layout of Grass- Layout land Street, Vaille Avenue and Ewell Avenue will be held until next Monday evening. The Chairman read a letter from the Building Inspec- tor, requesting that Mr. James McCabe, Building Inspector of Arlington, be appointed substitute Building Inspector Inspection for the Muzzey Corporation. Mr. Irwin is a minority for stockholder in the Muzzey Corporation and feels that, Muzzey Corp. under the circumstances, a disinterested substitute in- spector should be designated for this particular renova- tion. Upon motion duly made and seconded, it was voted to appoint Mr. James McCabe as Building Inspector on the reno- vation of the Muzzey Corporation duplex dwelling at 24-26 Muzzey Street, for professional use. Mr. Cataldo said that we have received a letter from the Appropriation Committee on expenditures and we must remind them of the Town Office Building project. Mr. Gray is to write to the Appropriation Committee regarding the Town Office Building Project. Mr. Greeley asked if there was any report on the Cedar St. Cedar Street sidewalk? Sidewalk Mr. Gray said that Mr. McSweeney is on vacation, but he has three or four concepts and will report to the Board at the, next meeting. The Chairman informed the Board that he and Mr. Zehner had attended the Massachusetts Selectmen' s Associa- Town tion Convention at .arwich on Saturdat, October 12, and Report had accepted second prize for the Lexington Town Report. Recognition should be given to Mr. Zehner for the tremen- dous effort he has put into it; the credit should go to him. , 31 At the request of the Town Clerk, two jurors were drawn as follows: Leonard Sansone, 28 Kendall Road and Jurors Charles L. Rae, 43 Albemarle Avenue. The School Committee met with the Board. Mr. Clarke said that we want to bring you up to date with respect to what is going on in connection with the Junior High School; which will be in the Warrant at the next Town Meeting. We have developed a schedule of information and I have given copies to each member of the Board. This includes all of the published things and includes comments at various Town Meetings. The latest projections for the system include an amendment to the brochure that was published at the Annual Town Meeting. It includes a floor plan for this structure with reference to enrollment, which is higher than we expected and will hit 2500 or 2600 in 1973 and 1975. It means a new Jr. High is more critical than ever. When it opens, the capacity will be over by 10 pupils. The floor plan differs from the original floor plan in several ways. You know the beat way to reduce the cost is to re- duce the perimeter walls. The question is, what is the difference between this and Diamond? It is important to keep in mind that Diamond was built in 1958_ and in ten years, certain changes have taken place. Diamond has a very small library facility and, as you are aware, the library in this new structure is more than just the books, tt is much larger than at Diamond. On costs, the first question is, how much will the building cost? I don't School know; the reason no one knows is the Architect is trying Committbe to take the new floor plan and trying to put numbers to it ; we know it will be more expensive than Diamond; we have brought figures on what has happened to school con- struction costs; further increases will occur. For the square foot costs which we are using, and the percentage rise per year, in 1962, $19.19-4.6% to27.68-25% in 1967-1968. We are using the figure of $30. 00 per square foot, which is consistent with the increase per year. There has been some final work to reduce the perimeter to reduce the cost and we find that by doing that we re- duce one-half or a full story; we have not sacrificed on educational area; costs have gone ahead more rapidly than we have been able to plan . We are very anxious to have the support of each one of you on this structure. Our objective is to make everyone in the community aware of what we are trying to get done and why we need it. You can be most helpful. As more information comes to us, we can get it to you by coming here or by in- formational meetings . The Chairman asked about the total square feet. 1 32 Mr. Clarke said it was 135,000; we know how many square feet there are, but not the cost. The Chairman said that Mr. Cataldo would be able to tell us; he is on the Community College Board. He asked Mr. Cataldo what figure they were using? Mr. Cataldo said that their last figure was $37.50, but our School Committee was not using an equipped figure; they would do well to get the bricks and mortor for $30.00. He said that there is no question in anybody' s mind of the need for the Junior High School. Mr. Clarke said that there are certain inadequacies in the present High School which ought not to be; some- times you can save a nickel and end up paying $5.00; you can make a serious mistake to reduce the size. Mr. Cataldo said that it will make a difference whether you get a Jr. High or not; inadequacies are not because of area, they are how the equipment is laid out. You don't know whether this is going to work or not, I would hate to see you lose it. Dr. Fobert said that we know that Diamond has an in- adequate educational program for kids. Mr. Cataldo said that you have a 35 percent increase in area between Diamond and the new concept reducing wasted space. Dr. Fobert said that in order to add 300 students from 900 to 1200 to Diamond, you would have to add faeili- ties. Mr. Clarke said that we don't know in March what the cost will actually be. We are persuaded that the kind of program envisioned, to preserve the program and at the same time reduce cost, you are caught in a whipsaw. Mr. Cataldo said that he is not questioning the con- cept of the building; it is up to you to decide. If you say that this building is going to cost $5,000,000. Mr. Clarke said that they will be asked to use our best judgment; what we now know. This looks like the kind of thing that will be required. Mr. Cataldo asked if they were willing to take the gamble next March? Dr. Fobert said that they have reduced from 145,000 or 146,000 down to 135,000;; they will ask for educational apace. Mr. Cataldo said that he would hate to go through this, like they did with the High School. Mr. Clarke said that they are here now to avoid this very kind of thing. If everybody in the community knows what we are talking about, they will support our judgment. The Chairman said that there was no question on this meeting. Mr. Cataldo is trying to tell you that there are many people in this Town concerned with the tax rate and they are going to be . He asked what the normal square footage per pupil used? 33 Mr. Fobert said that it varies; it ranges from 120,000 for the last several years up to 158,000 and 163,000 at the Jr. High; we have these figures . The Chairman asked if these figures are in this Common- wealth? Dr. Fobert said that they were in Chelmsford and sur- rounding communities . The difficulty is, we have built on, which would allow us to go to 1200, just classroom addi- tions. Mr. Clarke said that we have now carried the design and development of this building to a point where we have a commitment . The Chairman said that you have a need and a commit- ment; we won' t deny the need but are you going to be able to convince the people of the Town of this need? They are beginning to understand the different component parts of the tax rate; people are going to be influenced by this. We must make people aware of the number of pupils in the community and how we see it; to check ourselves as we go along that we agree and get the kind of feedback that you have given us. Mr. Clarke said that we are talking about two class- rooms and the library. Mr. Greeley asked if they felt they can justify all of these additions. He would like to know how it adds up; you are accounting for 10 percent increase instead of 40 percent. He asked why the area per pupil must be up too? Mr. Cataldo said that we recognize that building costs have gone up; for us to go out and help you, we must be convinced ourselves. Mr. Greeley said that sooner or later they must ac- count for the degree of excellence in the construction and asked if they are changing their policy there, are they putting more money into construction? Costs per square foot are going to go up and you are going to be asked to account for that. The Chairman said that State aid would be 40 per- cent. We should work together to do what we can to get more State aid for education; the public has to under- stand that the property tax can no longer support the needs of education, so retired people are not going to be hurt if the State pays the tax, and not a property tax. We are not fighting you nor questioning the necessity; we are trying to work with you. Mr. Clarke said that, in the past, communications were not what they should have been. The Chairman said, not when you demonstrate the need. The next thing is to convince them of your solution to the need. l_ _ 34 Mr. Greeley asked if, when they adjust the capacity of Muzzey from 600 to 700, it costs him money? Dr. Fobert said that it would, when you take class- rooms and convert them. Mr. Mabee said that it was 100 percent a Town expen- diture; there is no aid from the Stdte for renovations. Mr. Cataldo asked it the operating budget this year will be the same as last year? Mr. Clarke said that, in view of some of the legal activities, we have not yet seen the budgets; they are being prepared; it is just too early to say; we have re- ceived some background information from the Appropriation Committee, some very helpful and constructive information. The Chairman said that you do know from an operating standpoint, your operating costs will be more. The School Committee retired. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Upon motion duly made and seconded, it was voted to adjourn at 10:05 P.M. A true record, Attest: Executive Clerk, Selectman c\ � C` 1 35 SELECTMEN'S MEETING October 21, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, October 21, 1968 at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mr.Legro, Town Counsel, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Legro informed the Board that he has the con- tract for the lease, with an option to purchase, the seven voting machines . He has revised it considerably to provide for the rental allowance, in the event that it is Voting exercised to buy some or all of the machines. Machines Upon motion duly made and seconded, it was voted to sign the contract with the Automatic Voting Machine Corpo- ration to lease, with the option to purchase, seven voting machines. Mr. Legro informed the Board that he has the contract between the Town and P. Gioioso & Sons, Inc. for the force main from the North Lexington Pumping Station to Hamilton Road. The Board has awarded the contract and it is in ac- ceptable form, except that the insurance certificates have Force not been received. Main Upon motion duly made and seconded, it was voted to Contract hold the contract between Lexington and P. Gioioso & Sons, Inc. until the certificates of insurance have been received. Mr. Legro skid that, late today, he received the con- tract for sidewalks. He reviewed it and noticed that the time for awarding the contract has almost expired. Mr. McSweeney said that it was just a question of your reviewing the certificate of Insurance. Mr. ',ogre said that he would have to review the whole contract. The corporate vote is incomplete; there is no reference in the contract itself to the street added by addendum; there is no provision for coverage of hired vehicles. How urgent is it? I prefer to have the contract corrected before the Board signs it. I will hold it, if Sidewalk you wish. Contract Mr. McSweeney said that he preferred to have it signed. Upon motion duly made and seconded, it was voted to sign the contract for sidewalk and retaining wall work for Middle Street and Tufts Road, awarded to Belli Brothers in the amount of $27,082.50. 36 The Chairman read a letter from the Town Celebrations U.N. Day Committee regarding observance of United Nations Day. The Board agreed to attend the exercises on the Green at 7:00 A.M. on U.N. Day, October 24, 1968. The Chairman read a letter from the Leage of Women Voters requesting permission to distribute non-partisan voter information in front of the Lexington Theatre on November 1, 1968 from 6:30 to 9:30 P.M. and also to park a vehicle with a top-mounted sign in Lexington Center on November 5, 1968. League of Upon motion duly made and seconded, it was voted to Women grant permission to the League of Women Voters to distri- Voters bute non-partisan voter information in front of the Lexington Theatre on November 1, 1968 from 6:30 P.M. to 9:30 P.M., with the stipulation that tables are not to be set up on the sidewalk and, also, to grant permission to park a vehicle with a top-mounted sign in Lexington Center on November 5, 1968. Upon motion duly made and seconded, it was voted to sign the Certificate of Incorporation for Kathryn M. Cert. of Rothermel, 36 Brandon Street, a letter from the Police Incorp. Department having been received stating that she was of good character and reputation. Upon motion duly made and seconded, it was voted to Minutes approve the Minutes of the Selectmen' s Meeting held on October 14, 1968. Mr. McSweeney said that bids were opened today for streets, drains and sidewalk work. J.J. Paonessa Com- any was low bidder at $91,202.25, Belli Brothers bid $97,230 and R. & J. Salvucci Corporation bid $101. 322. Add 12 percent to $91,202 and it would be $102,11. We Street have held $2376 in abeyance leaving a total of $99,770. Bid We have available funds of $95,000 and we are $4770 short. If we removed the sidewalks, it' s the only thing left to take out of the contract. We are only saving $1880 but there is a saving by building the sidewalks at the same time as the streets. The Chairman asked Mr. Legro if we could ask for a transfer? Mr. Legro said that the Appropriation Committee would not be happy about it - it is not an emergency. The Chairman said that it is an emergency that we could not foresee, the accelerated cost in construction. Mr. McSweeney said that he didn't think, by using three streets, that we would be short. The Chairman mentioned the 12 percent and asked if any part of that is debatable? 37 Mr. McSweeney said that the last six percent is de- batable, depending on how much design and inspection work was done by Whitman & Howard. The Chairman asked if we are in a position to haggle this with Whitman and Howard? Mr. McSweeney said that they are talking $3800 more. The Chairman asked how much he would ask for, as a transfer, to properly implement this? Mr. McSweeney replied, $7100. Mr. Greeley asked if we pay for the design of the street we are not building at this time? Mr. McSweeney said that the contract is based on four streets. Mr. Mabee asked if it would be better to supervise the responsibilities? Mr. McSweeney said that it is cutting a fine line - they have done the design. The Chairman said that we don't have the help to do this. Mr. McSweeney said that Whitman & Howard have done the design and the supervision should remain with them; the Town would find itself in the middle between the Contractor and Whitman and Howard. Mr. Cataldo asked if they deferred any portion of Hill- crest Avenue? We pay them for the design of Hillcrest Ave- nue when we build it. Mr. McSweeney said that we would be saving $2500. They might defer the compensation for that road; next year when we build it, they will get paid. It is completely de- signed now. I think they have done this in the past; it is a workable negotiation as far as we are concerned. The Chairman said that the Board is agreeable to sub- tract $7500 and ask for a transfer of $4600. Mr. McSweeney will figure out the exact figures and make the request of the Appropriation Committee tonight. He will cohtact Whit- man and Howard and discuss the matter. Mr. Greeley asked if it is feasible to make contracts with a fixed cost. The Federal Government always has a fixed cost. On a contract at six percent, it would be more reasonable to negotiate a fixed fee. / Mr. Legro said that Engineering could give a better answer; it is a question of practicality, the type of con- tract, multiple streets, sewers and sidewalks involved - to get some sort of preliminary estimate first on which to base a fee. The Town has always done it this way and, as far as I am concerned, it is impractical to do it any other way. How can you tell how much work is involved, either in design or supervision? 38 Mr. Greeley said that Whitman and Howard came in and, in effect, said that the charge for design and supervision would be 12 percent, whatever they estimated. It goes out to bid and the Contractor is asking for 20 percent more. 0 Mr. Legro said that the package is based on con- struction coat and construction cost is defined in the bid. This is a rare circumstance; everyone completely underestimated this and it brings about this sharp dif- ference; perhaps we could eliminate this some time. Mr. Greeley said that on several contracts, the design is based on the Consultant' s estimates as to what the cost is. Bids come in and we don't have the amount of money to do it. Mr. Legro said that we are approaching this with a little bit of knowledge. Are we bound to pay the whole difference? Mr. Greeley said that the fees we pay the Engineers are based on the file of the bids as awarded and, time after time, they have given us estimates which have been lower. The Town has to pay and it raises their fee. We lose time trying to get more money because they gave a low estimate. Mr. McSweeney said that we have had a tremendous in- crease all over since April. Mr. Greeley said that the swimming pool is less ex- pensive and they get their fee. Mr. Legro said that there is no question but what there are ways to limit it; we do it or our Architect' s contract is based on the preliminary cost of it. We have not had this situation until the last three months. Mr. MoSweeney said that he bad never run into a situation where the Consultants fees were lower than the contract bid. Mr. Greeley said that the contract with the Consultant should be based on some agreement. Mr. McSweeney said that their fee would be reduced if Whitman & Howard take six percent of their share of Hill- crest Avenue. He informed the Board that he wouldo up- stalks to the Appropriation Committee and ask for $5, 000. Upon motion duly made and seconded, it was voted to authorize Mr. McSweeney to request the Appropriation Com- mittee for a transfer of $5,000 to the Engineering Depart- ment for the deficit needed to construct Grassland Street, Vaille Avenue and Ewell Avenue. Gasoline Hearing was declared open upon petition of the Shell Hearing Oil Company to increase the underground capacity from 12,000 to 17,000 gallons. A notice of the hearing was inserted in the October 10, 1968 issue of the Lexington Minute-man and sent by certified mail to the abutters, as listed on the records of the Board of Assessors. 39 1 Application was approved by Deputy Chief Fradette of the Fire Department. Mr. Broker, representing the petitioner, was present and explained that the Shell Oil Company would like to in- crease the storage capacity from 12,000 gallons to 17,000 gallons. No one was present in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to issue a license to the Shell Oil Company for below ground storage of 17,000 gallons of gasoline, 500 gallons of waste oil, and 500 gallons of fuel oil to be used to heat the building. Also, for above ground storage of 500 gal- lons of motor oil, 300 gallons of anti-freeze and 100 gal- long of alcohol, to be stored in metal containers or steel drums on the premises at 46 Bedford Street, Lexington. Mr. Wheeler of the Sherator Motor Inn met with the Board. The Chairman informed Mr. Wheeler that the Board must change the liquor license to include the added function rooms and where liquor would be served. Mr. Wheeler said that he had written to the Board and asked that the Pavillion Room be added to the license. Sheraton The Chairman said that the Board would need more in- Motor formation as there were many changes in the building. Inn Mr. Cataldo asked that Mr. Wheeler submit a schematic plan and a description of each level. The Chairman instructed Mr. Wheeler to submit a schematic plan and a list of the dining rooms in which food and liquor will be served, a list of the function rooms to be served by the portable bar, and the number of bedrooms in which room service will be available. The Chairman read a request from the Treasurer, re- questing permission to ask the Appropriation Committee for a transfer of $300. Transfer Upon motion duly made and seconded, it was voted to approve the request of the Treasurer to ask the Appro- priation Committee for a transfer from the Reserve Fund in the amount of $300. The Chairman informed the Board that the Structure Transfer of Government Committee asks for approval of their request Struc' t. to the Appropriation Committee for a transfer of $3400 to Gov. cover prin#ing, addressing and mailing of the revised pam- Comm. phlet on the Selectmen-Town Manager Act. Mr. Adams said that it is a major step in the changing of Town Government and people should know about it: it should be sent to every registered voter. 4() The Chairman said that we did alert the Appropria- tion Committee and they werentt too favorable. Mr. Legro suggested that copies be made available for review; !bile it 'mag not be MeidtIf av1ilable to the average layman, it is an Act of Legislature. Mr. Cataldo said that we asked you, specifically, and you said that there would not be another mailing. Mr. Adams said that we had hoped that it would go through as proposed but there have been changes made. Mr. Cataldo said that, at Town Meeting, you said there were no substantial changes; it would be illegal if there were. The voters are going to get the Warrant and they will know what they are voting on. Mr. Legro said that it was his recollection that there were few changes, and asked if it could be resolved by publishing the changes? Mr. Kenney asked if the Board could defer until they find out how many changes there are and the cost of mail- ing. Mr. Cataldo asked if changes were made, if it went to Town Meeting legally? Mr. Legro said that the Article and motion read, "or as the same may be amended by vote of the Town Meeting." Mr. Cataldo said that the one read at Town Meeting was different than the one in the Warrant. Mr. Mabee said that the changes ought to be pub- lished and given to every registered voter. Mr. Greeley suggested that, upon request, we could offer to send out a copy of the Act. Mr. Adams said that you might get 500 requests. The Board agreed to bold over the approval of a re- quest for a transfer of $3400 from the Reserve Fund to the Structure of Government Committee. Mr. McSweeney said that bids on the swimming pool Instruc- were opened today from the Continental Swim Pool Corp. at tional Pool $16,925 and Master Pools at $18,777. The bids will be reviewed by the Recreation Committee on Wednesday morning. Mr. Burke informed the Board that bids have been re- ceived for painting the Town Office Building, Cary Memorial Town Office Hall and the low bidder was T. Mickle & Son, Inc. , 43 Rustic Painting Drive, South Weymouth, at $3,500; Cormier Construction Com- Contract pany, 92 Windson Road, Medford, at $4,453; J.W. Graham & Son, Inc. , at $5,460. It is recommended that the contract be awarded to T. Mickle & Son, Incorporated, at $3500. Upon motion duly made and seconded, it was voted to award the contract for painting the Town Office Building, Car Memorial Hall and the Police Building, in the amount of $3,500, pending approval of the contract documents by Town Counsel. Upon motion duly made and seconded, it was voted to adjourn at 9:50 P.M. A true record, Attest: 4Z!,„ -71/ 2122 rJ Executive Clerk, Selector to; co I 412 SELECTMEN'S MEETING October 28, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 28, 1968 at 7: 30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, and Kenney were present . Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. At the request of the Clerk, three jurors were drawn Jurors as follows: Nicholas Skopelitee, 3 Sheila Road; Raymond Bell, 20 Woodoliffe Road; Alfred A. Nutt, 45A Bridge Street. Mr, Gray read a letter from the Superintendent of Public Works, requesting that Mr. Wenham be authorized to Asst. Supt. sign all permits, payrolls and vouchers during his vaca- of Pub. tion on November 3 through November 10, 1968. Works Upon motion duly made and seconded, it was voted to authorize Mr. Thomas Wenham to execute approval of all permits, payrolls and vouchers for payment during Mr. Burke' s vacation, November 3-10, 1968. Mr. Burke requested approval of the Board for estab- lished rates for the plowing and hauling of snow by hired equipment employed by the Town. Upon motion duly made and seconded, it was voted to approve the following rates for the plowing and hauling of snow by hired equipment for the 1968-1969 winter season; Ten Wheel Trucks, 60,000 GVW, Hauling - $12.00 per hour Snow Six Wheel Trucks, 23,000 GVW, Hauling - 9.50 per hour Plowing Six Wheel Trucks, 36,000 GVW, Hauling - 11.00 per hour Rates Ten Wheel Trucks, 60,000 GVW, Plowing - 13.00 per hour Six Wheel Trucks, 23,000 GVW, Plowing - 10.50 per hour Six Wheel Trucks, 36,000 GVW, Plowing - 12.00 per hour Rental Plows - 2.00 per hour Overtime Rate - added - 2.00 per hour Helper, furnished by Contractor - 2.50 per hour Mr. Burke asked the Board's policy on plowing the Plowing driveway of the Mystic Valley Health Association. Mystic The Chairman said that, up to last year, we plowed Valley them and the churches but we decided we could not carry this added burden and stopped doing it. IIMr. Mabee said that, if we make an exception in this case, there are other people, very close to this situation, who could request plowing; we now have a pretty clean line of demarcation. Mr. Gray said that we voted to plow the Visiting Nurse Association. Mr. Mabee said that if we made an exception for one, we should do the same for the Mystic Valley Health As- sociation. The Chairman said that, because we support the Mystic Valley Health Association with Town funds, it does place them in the same category as the Visiting Nurse Association. Upon motion duly made and seconded, it was voted to plow the driveway of the Mystic Valley Health Association. Mr. Burke asked about plowing the area at the housing for the elderly. Plowing Upon motion duly made and seconded, it was voted to Greeley plow the streets and the parking lots at the William Village Roger Greeley Village. Mr. Gray informed the Board that Mr. Sharkey of Hazel Road has requested a sewer connection from the existing main on Winter Street to his property line and it would be picked up as a private sewer. I understand that he would give an easement to the Town. The Town serer runs parallel to Hazel Road. Engineering estimates it would cost approximately $500. I would like to sug- gest tb t the Board take the request uest under advisement for q a week. It was agreed to hold Mr. Sharkey' s request for a sewer connection until next week. Mr. Gray is to report back to the Board. Mr. Gray informed the Board that he had received a letter from Itek regarding the time cycle of the traffic light at the intersection of Bedford Street and Hart- well Avenue. The Traffic Committee has been discussing Lights at this matter with the State DPW for the past four weeks Bedford - and they have been informed by them that the controlling Hartwell device for the light is not adequate to permit varied cycles during various parts of the day. Mr. Gray will inform Itek that as soon as we hear from the State DPW, regarding a new control device to permit the type of cycling that will allow a better flow of traffic at peak hours, he will be in contact with them. Mr. Gray informed the Board that bids had been , Lateral opened today on the contract for lateral sewer work.; Sewer Daniel D+ Unfroa & Sons, Leominster, was low bidder at Contract 44 $79,318; R.J. Salvucci Corp. , Waltham, was second at 0,270; Avon Construction Company, Roslindale was third at $90,535. The »ecommendation is to award the contract to Daniel D'Onfros and Sons ; the contracts will be checked out next week. The Chairman asked if it was possible to add to this contract to get other work done. Mr. Gray said that he is not recommending any additions to this contract. Upon motion duly made and seconded it was voted to award the contract for lateral sewer work to Daniel D'Onfros & Sons, 712 Main Street, Leominster, in the amount of $79,318. Mr. Gray said that plans had been received from the Sheraton Lexington Motor Inn, covering the renova- tion of the hotel and change of location of service bars, function rooms, and increased capacity of the License Inn. Sheraton Upon motion duly made and seconded, it was voted Lexington to issue a new license to the Sheraton Lexington Motor Inn Inn covering the renovation of the hotel and change of location of service bars, function rooms, and increased capacity of the Inn. A new form is to be prepared and sent to the ABC covering these changes. The Chairman read a letter from the ABC regarding the sale and delivery of alcoholic beverages during polling hours on Election Day, November 5, 1968. Ac- cording to the provisions of the Liquor Control Act, ABC hotels, restaurants, taverns, clubs and package goods Nov. 5, stores shall not sell or deliver alcoholic beverages 1968 during polling hours, unless authorized to do so by vote of their respective local licensing authorities. Upon motion duly made and seconded, it was voted that hotels, restaurants, and package goods stores shall not sell or deliver alcoholic beverages during polling hours, 7:00 A.M. to 8:00 P.M. on Election Day, November 5, 1968. Upon motion duly made and seconded, it was voted to ID Card authorize the Chairman to sign a liquor identification card for Janet E. Ferro, 18 Chadbourne Road. The Chairman read a letter from Mrs. Bicknell, Chair- Bowman man of the Bowman School Association, regarding the cam- ! School pletion of the Bowman School playground and requesting Playground information as to what action will be taken by the Town to complete the necessary dredging. 4�5 The Chairman said that Mrs. Bicknell thinks that we have accepted the full responsibility. Mr. Cataldo said that we told them that we would not dredge until the winter of 1970. We will tell them what we told the Permanent Building Committee, that we have not accepted the responsibility, but we are willing to help. The Chairman said that this is still under the jurisdiction of the Standing School Committee. We will write to Mrs. Bicknell and explain the situation to her. Mr. Cataldo said that we were going to ask for money to dredge the brook. Mr. Greeley said that we were going to lower the brook as much as we could; we were not involved with play- ing fields. It was agreed to write to Mrs. Bicknell and make it clear that the Board has not accepted responsibility for the final development of the playground of the Bowman School but will do everything within its jurisdiction to aid in the completion of this project. Upon motion duly made and seconded, it was voted to Hartwell sign the order of construction ror the Hartwell Avenue Ave. Sewer sewer. Upon motion duly made and seconded, it was voted to approve the audit for the Town of Lexington for the Audit period from January 1, 1967 to March 9, 1968. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen' s Meeting held on Minutes September 30, 1968. Upon motion duly made and seconded, it was voted to Orders of sign the orders of construction of Adams Street, Coolidge Construc- Avenue, Eldred Street, Massachusetts Avenue, Middle tion Street, and Reed Street. The Chairman read a letter from Dr. Brandler regard- ing the Hennessey land behind the Setabrook School. Dr. Brandler asked what the Town intends to do with this Hennessey land, and if it could be used for recreation and, occa- Land sionally, horseback riding. Mr. Gray said that the land was bought for recreation. The Chairman said that the Recreation Committee is meeting with us tonight and we could talk with them about it. Mr. Mabee asked if horseback riding would do any damage to the land? 416 Mr. Gray said that it would not, as the land is not seeded or grassed. We have sent a copy of this request to the Planning Board. The Chairman said that he, personally, did not have an objection to it . It was agreed to discuss the matter with the Recrea- tion Committee. The Chairman read a letter from Mrs. Morey, request- ing another determent of three years for street better- ment assessment on her property on Blake Road. Deferment Upon motion duly made and seconded, it was voted to continue the deferment for three years on the street betterment assessment on the property of Mrs . Morey at Blake Road in the amount of $1250. The Chairman read a request from the Metropolitan Building Movers Company to move a house from its pre- sent location at 2883 Massachusetts Avenue to Lot #11 on Conestoga Road. Rouse Mr. Gray said that the route has been checked out Moved by Public Works . Upon motion duly made and seconded, it was voted to grant permission to the Metropolitan Building Movers Company to move a house from 2883 Massachusetts Avenue to Lot #11 Conestoga Road, subject to any provision made by Chief Corr. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, Executive might adversely affect the public security, the finial- Session cial interest of the Town, or the reputation of any person. After discussion of a matter of financial interest to the Town, it was voted to resume the open meeting. The Recreation Committee met mrith the Board. Mr. Bond said that they would like to request that the Selectmen approve the contract to the Continental Pool Company for the instructional swimming pool. Mr. Swimming McSweeney has met with the two companies who bid and Pool picked the low bidder, Continental Pool Company; they have been phecked out on previous work they have done. It is necessary to approve the engaging of these people . The Chairman said that Town Counsel has just re- ceived the information and will have to defer action. Mr. Bodd said that these people are prepared to start and finish in forty-five days. 4r Mr. Legro said that certain facts have to be de- veloped before I give an opinion. Mr. Bond said that Mr. Powers of the State Board of Health has told our Lexington Board of Health and Mr. Cortell that a letter will be received that they Reservoir have granted permission for the old reservoir. We re- quest enough money to remove large rocks and get the sand in, in order to be able to skate this winter. The Chairman said that we shouldn't do anything until we get the letter; we will be within the time ele- ment, assuming that the letter states no conditions that would be detrimental to the proceeding of the project. The Chairman informed the Board that the Recreation Committee works with the Park Superintendent and they Appointment would appreciate the appointment of Mr. Mazerall as an Ex-officio member of their committee. Upon motion duly made and seconded, it was voted to appoint Mr. Paul Mazerall as a member, Ex-officio, of the Recreation Committee. The Chairman informed the Recreation Committee that Dr. Brendler has requested permission to use the Hennes- ' sy land for horseback riding. He asked if the Committee II had any objection to this. Mr. Hays said that it was suggested a few years ago to use it for horse shows, but it was too far out. Hennessey Mr. Bond asked if it would be a permanent thing? Land The Chairman said that it would not be. Mr. Bond said that his Committee would be in favor of granting permission. The Recreation Committee retired. v Mr. Wilson of Bartlett Avenue was present at the meeting and asked if any action has been taken since his last meeting with the Board to request that the Goodwin property at 9 Pearl Street be cleaned up. This man is violating the law and has been ever since I have been in Town. I have been trying to get some action for five years. Goodwin Mr. Gray said that Mr. Goodwin has been forced to Property take the building down. Mr. Wilson said that the frame has been taken down. The Chairmansaid. that Mr. Gray has been instructed by the Board to talk with Town Counsel on this matter. Mr. Legro asked if the condition has worsened? Mr. Wilson said that he had gone to the Police De- ' partment and complained that Mr. Goodwin had a refrig- erator type vehicle there and the Police made him take 4S the doors off. It is dangerous for the children. The Policeman told me that be would put it in his report that a hazardous condition exists. He has more than seventeen vehicles in his yard. I cant see it im- proving, unless immediate action is taken. I was told it had been filed in court; I checked and it had never been filed. Mr. Legro said that it had been entered in court almost two years ago and a temporary order was served on him. I have not investigated it as it is not part of my function. It was my understanding that, begin- ning with the demolition of the building, it had im- proved. If it is worse than that, it certainly is a horrible situation. This is not just five years old, it is nearly fifteen Years. I have not talked with Mr. Gray about it. The better approach to this sort of thing is a criminal finding. This has some peculiar ramifications. Mr. Wilson said that he would hate to see someone killed. There was a fire there when I first moved to town. There are many hazardous areas there, and child- ren are naturally attracted to it. There are tons of lumber and someone could be crushed to death. Mr. Kenney asked if the Building Inspector should go down there? Mr. Legro said that he will ask the Building In- spector to make a report so that he will have something in writing. It will go to Superior Court and he will determine whether injunctive procedures are better or criminal findings. It should be pursued. The Chairman said that we have gone through the statutes and complied with them. We have obtained in- junctions. When we get a written report from the Build- ing Inspector, Town Counsel will determine whether i$ will be on a criminal or injunctive basis. Mr. Wilson asked if he would be informed as to what is happening. The Chairman asked that he write a letter request- ing that he be informed. When we start proceedings, we will have your request. Mr. Legro said that he had no doubt but that pro- ceedings should be taken, and asked Mr. Wilson if he is ready to come into court and testify? Mr. Wilson replied that he certainly is ready and has photographs to prove the conditions that exist. Mr. Legro said that we do need testimony of neigh- bors. The Chairman said that we know that Mr. Wilson represents the neighbors and we accomplish a lot more with a simple dialogue like this. Mr. Wilson retired. it 49 Mr. McSweeney informed the Board that Royal Chandler had written a letter to the Board requesting a three year deferment of sewer betterment on lot 108D, Grove Street, in the amount of $402.91. The Chairman said that we could give the deferment Deferment retroactive to November 27, 1967 and it would come up in November, 1970. Upon motion duly made and seconded, it was voted to grant a three year deferment , retroactive to November 27, 1967, to Royal Chandler for sewer betterment assessment on lot 108D, Grove Street, in the amount of $402.91. Mr. McSweeney informed the Board that they are con- Traffic tinuing to take the traffic count on Lowell Street, in Count on preparation for the public hearing on November 8, 1968. Lowell St. He will report to the Board on next Monday evening. Mr. Cataldo asked Mr. McSweeney if he had a layout on Woburn Street? Woburn St. Mr. McSweeney replied that he did have it; 40' of Layout pavement and two 5' sidewalks. Mr. Cataldo asked Mr. McSweeney about the sewer versus other construction? 111Mr. McSweeney said that we should award the con- tract for the sewer by the end of November; we said that it would be under contract by December first. Mr. McSweeney said that the Liberty Mutual Company and the K of C are talking about What was originally pro- posed, coming out of Liberty Mutual and across the front into the Town sewer, opposite the Barn. They said that it was subject to Liberty Mutual and the K of C to obtain the proper easements. The Chairman asked if the K of C would give the ease- ments to Liberty Mutual or the Town? Mr. McSweeney said that easements would be awarded to the Town. Mr. Kenney said that, if awarded to the Town, they can never alter or build over it. I think they ate eon- Liberty fused again on this. They are of the opinion that they Mutual could let Liberty Mutual come across but they would re- Sewer tain the right to relocate the sewer, if they wanted it. Mr. Cataldo said that they would have to get a re- lease from the Town to relocate the lateral. He asked, Mr. McSweeney if he had talked to them? Mr. McSweeney said that he had told them that if it was a public sewer, we would have to have the easements. Mr. Kenney said that if it remained a private sewer they wouldn't have to. 50 The Chairman said that wherever there are sewers, the Town insists on easements . Brooks affect these properties and others along the line where there are continuous flows in the sewers and either aide is affected. I am sure that they don't understand. Mr. Cataldo said that we must have easements; we made it very clear to them. Mr. Gray said that we got them to agree to this layout and there was no question about easements. It was very clear at the time. Mr. Cataldo said that he didn' t think an under- standing exists between Mr. Buse and Mr. Walsh. Mr. Kenney asked if they were asking for permission? Mr. Cataldo said that they are asking us to accept this layout and we will have all the necessary ease- ments. The Chairman said that we are going to be charged with the maintenance; we have an obligation to these people. Mr. Legro said that it was a liability. Upon motion duly made and seconded, it was voted to accept the layout of the Liberty Mutual and Knights of Columbus sewer, subject to the granting of the neces- sary easements. Mr. McSweeney recommended to the Board that the 1948 street bids be rejected, due to the fact of the late construction season and the bids came in over the ap- Street propriation. He said that we should go back to the Bids four streets, use Chapter 616 and 679 money and ask for Town Meeting approval. Upon motion duly made and seconded, it was voted that all street bids be rejected due to the lateness of the season. The Chairman read a letter from the Historid Dis- Hist. trict Commission, informing the Board that three vacan- District cies exist on their Commission. Comm. The Chairman said that we have received nominations from the Library Trustees, and the Arts and Crafts Society, and we will hear from the Historical Society shortly. Selectmen' s Upon motion duly made and seconded, it was voted to Meeting hold the regular Selectmen' s Meeting on November 13 instead of November 11, 1968. Mr. Burke informed the Board that bids had been Fuel opened for No. 2 and No. 5 fuel oil. For No. 2 oil, Oil Lexington Coal and Oil Company bid .015 above the Boston posted tank car price of .125. For No. 5 oil, Union Oil Company of Boston bid $2.84 per barrel. 51 Upon motion duly made and seconded, it was voted to award the contract for No. 2 fuel oil to the Union Oil Company of Boston at .015 above Boston posted tank car price of today .125. Upon motion duly made and seconded, it was voted to award the contract for No. 5 fuel oil to the Union Oil Company of Boston at $2.84 per barrel. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting an matters which, if made public, Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person. After discission of matters of financial interest to the Town, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to Closing close the Warrant for Articles for the Annual Town Meet- of the ing in 1969 on December 13, 1968 at 4:30 P.M. Warrant Upon motion duly made and seconded, it was voted to adjourn at 10:00 P.M. A true record, Attest: rY Execute Clerk, Select I r SELECTMEN'S MEETING November 4, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Roam, Town Office Building, on Monday evening, November 4, 1968 at 7:30 F.M. Chair- man Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mr. Gray, Executive Assistant, Mr. McSweeney, Towm hginper, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Hearing was declared open upon the application of the Edison Electric Company to lay underground conduit on Waltham Street and Worthen Road. Notice of the hearing was mailed to the petitioner and filed with the Town Engineer. There were no owners of property involved. Mr. Pratt of the Boston Edison Company was present at the meeting. He stated that the conduit is to pro- vide service for a new development on Bushnell Drive, Conduit and the location has been checked out and is satisfac- Location tory to the Town Engineer. No one was present in favor or in opposition and the Chairman declared the bearing closed. 'Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following conduit location: Waltham Street, at Worthen Road, a distance of about 90 feet - conduit. Worthen Road, at and northwesterly from Waltham Street, a distance of about 145 feet - conduit. Worthen Road, at and northerly from Bushnell Drive a distance of about 25 feet - conduit. Mr. Gray informed the Board that Mr. Legro would not be at the meeting this evening but had left the contract to be signed for sidewalks and retaining wall work on Tufts Rd. Middle Street and Tufts Road. The contract is in order, Middle St. except for one certificate of insurance. Contract Upon motion duly made and seconded, it was voted to sign the contract to Belli Brothers for sidewalks and retaining wall work on Middle Street and Tufts Road, subject to the receipt and approval by Town Counsel of the certificate of insurance. I r ,)e) Mr. Gray said that a letter has been received from the Planning Board regarding Dr. Brendler's request to use the Hennessey land behind the Estabrook School for horseback riding. The letter states that the Planning Board has no objection to the use of the land for horse- back riding. This was discussed with the Recreation Committee last week and they have no objection. Mr. Gray was instructed to write Dr. Brendler and inform him that the Board of Selectmen has no objection to the use of the Hennessey land behind the Estabrook School for horseback riding. Mr. Gray informed the Board that a letter has been received from Mr. Taylor requesting an Article in the Warrant for the layout of the sidewalk on Stedman Road. Mr. Gray said that this is outside the school site and the Article would have to include the necessary funds to do this. Mr. Cataldo said that, if all they are looking for is a footpath, why don't we put this sidewalk on School prop- erty where it is easier to grade. Stedman Mr. Greeley said that, if we own the fee to the middle of the private way, we don' t need to worry about Road the street; it is much more sensible to leave it in its present status. Mr. Gray said that this provides for all vehicles coming over Brookside Avenue. He recommended that the Town Engineer discuss it with the School Architect and Mr. Taylor. Upon motion duly made and seconded, it was voted to authorize Mr. Gray to arrange a meeting with Mr. Taylor and the School Architect to discuss the Stedman Road sidewalk. Mr. Gray said that a letter has been received from Mr. Callaghan of the Massachusetts Port Authority in- forming us that a meeting had been held at Hanscom Field and it was agreed to invite the residents of the Manor section to Hanscom Field to be briefed on the measures Hanscom which have been taken to alleviate the aircraft noise Field over their section. He further stated that, after this meeting, Col. Mosher will contact the Selectmen to ar- range for a presentation of the current situation and Mr. Callaghan plans to be present. The Chairman suggested that the letter be given to the press to publish. Mr. Gray said that a letter had been received from Cabot, Cabot and Forbes. They had received permission from the State to put the drain in and would be apply- ing for a street opening permit. Basically, the plan was submitted before . I don' t think we have any 54 objection to the location; I thought you should be aware of this. They would be completely responsible for the maintenance of the drainage system. It is completely separate; it is all on private property, except where it crosses. All they are asking from us is a street opening permit. If there is trouble with the drainage, it is their problem. Mr. Mabee asked what happens if it backs up? Mr. Gray said that is their problem. Mr. Greeley said that it might be a legal situa- tion. Mr. Gray said that the fee on Hartwell Avenue lies with the State. When Hartwell Avenue was constructed, the State took the right of way and the fee still re- mains with the State. Mr. Legro had previously said that we could give a permit to open the street. Mr. Greeley said that the communication from the State gives them the right. Mr. Gray said that either the State turns the fee back to us or gives permission - they have given per- mission. Mr. Gray said that, as you know, Mr. Sharkey of Hazel Road has some problems regarding a sewer connec- tion and has talked with Mr. Heustis. Mr. Sharkey has requested that the Town furnish him a connection from the sewer main and be would pay whatever charges the Town would assess. Mr. McSweeney and I looked at it; we could not serve any property further on, there is. a sharp drop-off in the grade. If houses were built, we would have to serve them through the back. The road is all rook and all ledge. Mr. McSweeney has stated that this would be a sewer lateral and he would give easements. Mr. Cataldo asked what the gross cost to them would be. Mr. McSweeney said that the cost to the Town, if we were to receive betterments of $1100, would cost us $2100. The cost to him to extend and serve his house would be $3200. It would be a 3251 grade ease- ment granted to the Town and would be a public ease- ment and Mr. Sharkey would pay the entire cost of installation. The Chairman said that we could grant the request and the Town receive the sewer easements, and his con- tractor would do the work according to the requirements of the Town. The Chairman asked Mr. Gray if he had discussed this with Mr. Legro? Mr. Gray said that he had not. We have done this before; it is up to the Hoard of Selectmen . The whole thing is contingent on the easements and I understand there is no problem with Mr. Sharkey on this . 55 Mr. Sharkey was present at the meeting and said that he agreed to the conditions. He said that the grading was a serious problem; it is an unusual situation, parti- cularly the way Hazel Road is laid out. Upon motion duly made and seconded, it was voted to approve the request of Mr. Sharkey for a sewer connection, subject to the Town receiving the sewer easements and the construction to be done according to the requirements of the Town; also, subject to the approval of Town Counsel of the easements. Mrs. Battin, Mr. Frick and Mr. Adams of the Structure of Government Committee met with the Board. Mrs. Battin said that we are, again, requesting a transfer of $1800 from the Reserve Fund in order to mail every household the entire act abridgement and explanation of the Town Manager Act. It varies from the one in March and we don' t want people to vote for or against unless they know what they are voting on. We are supported by the TMMA Executive Board for this request for funds for printing, addressing and mailing to 5,000 registered voters. Mr. Kenney said that, originally, you didn't think youhad a to sendit out twice. Mrs. Battin said that we weren' t certain that it would be passed by the Legislature and that we would have to do more than this. Mr. Cataldo said that we asked you, specifically, be- fore the first mailing in March if you would have another mailing and the answer was no. Mrs. Battin said, I don't think we knew it would be Struct. transferred to the June Town Meeting. of Mr. Cataldo said that the voting date hasn't changed. Gov't. Mr. Frick said that one of the arguments for Town Manager was, this was run by amateurs. As a new member, it seems to me that Town Meeting voted to put this be- fore the voters of the Town . The Committee, in some sense, has a moral responsibility to get this out. Mr. Cataldo said that, regardless of you saying that we are running the Town like amateurs, we asked this ques- tion and the answer was no. The Chairman said that the purpose of this was, it was information going to the voters. Mr. Kenney asked what changes were made? Mrs. Battin said that it is an abridged edition; it was at Town Meeting and the voters are entitled to it. The wording has changed and not many people have kept a copy of it since March. We put the Article on the Warrant in June and didn't know Mr. Hardy would change it and that the Legislature would pass it. Mr. Cataldo said it is his position that it was not unforeseen. We knew Mr. Hardy would make changes in it. 56 The Chairman said that the Appropriations Committee would ask the same questions . They are meeting tonight and I suggest that you talk with them. Assuming that this Board approves the transfer, we have been known to have been refused by them. Mrs. Battin asked if they would talk with the Ap- propriation Committee with the Board' s approval? Upon motion duly made and seconded, it was voted that the Structure of Government Committee request the Appro- priation Committee for a transfer from the Reserve Fund in the amount of $1800. Mr. Cataldo asked to be recorded in opposition. The Chairman read a letter of resignation from Eliza- beth C. Severance from the Town Celebrations Committee. Resigna- Upon motion duly made and seconded, it was voted to tion accept, with regret, the resignation of Elizabeth C. Severance from the Town Celebrations Committee. The Chairman said that the Town Celebrations Committee is concerned with events coming up and suggested that Mrs. Haskell Reed would be willing to serve as a member. Appoint- Upon motion duly made and seconded, it was voted to went appoint Mrs. Haskell Reed a member of the Town Celebrations Committee to fill the unexpired term to March 31, 1969 of Mrs. Elizabeth C. Severance. Upon motion duly made and seconded, it was voted to I.D. authorize the Chairman to sign the liquor identification Card card for James J. Trovato, Jr., 282 Massachusetts Avenue. The Chairman read a letter from the Lexington Commis- sion on Suburban Responsibility, requesting the Board to add to the Commission two representatives of the youth of the Town, to be selected by the High School student body. Suburban Upon motion duly made and seconded, it was voted to Rasp. grant the request of the Lexington Commission on Suburban Comm. Responsibility to add a representative of the youth of the Town by requesting the High School Student Government Board to submit three names, one of whom would be appointed by the Board of Selectmen as a member of the Lexington Commis- sion on Suburban Responsibility. The Chairman read a letter of resignation from Daniel Resigna- J. Dovidio from the Police Department. tion Upon motion duly made and seconded, it was voted to accept the resignation of Daniel J. Dovidio from the Lexington Police Department, effective as of October 30, 1968. 57 Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen' s Meeting of October 28, 1968. The Chairman read a letter from the ABC regarding the regulations for the sale of liquor on Veterans Day, November 11, 1968 and Thanksgiving Day, November 28, 1968. Upon motion duly made and seconded, it was voted to adopt the regulations as set forth by the ABC on the sale of liquor as follows: On Veterans' Day, November 11, 1968, Package Goods stores may sell and deliver alcoholic beverages ABC between the hours of one o'clock P.M. and eleven ABC Nov. 11 o'clock P.M. Hotels and restaurants may sell alco- Nov. 11 Nov. 28, holic beverages during the usual hours. Nov. 28, 1968 On Thanksgiving Day, November 28, 1968, Package 1968 Goods stores shall not sell or deliver alcoholic beverages during the entire day but may sell and de- liver such beverages until eleven-thirty o' clock P.M. on Wednesday, the night before. Hotels and restau- rants may sell alcoholic beverages during the usual hours of sale. II The Chairman read a letter from the Town Celebra- tions Committee, inviting the Board to the ceremonies Nov. 11, e Green on November 11, 1968. 1968 The Chairman said that members of the Board will attend. Upon motion duly made and seconded, it was voted Sewer to sign Sewer Orders for Avon Street and Ash Street. Ash-Avon Mr. Gray informed the Board that a hearing on the relocation of Lowell Street will be held in the County Commissioners' office on November 8th. The traffic count has been made by Mr. McSweeney. He asked what position the Board would like them to take at the hearing. • Mr. Gray said that the State has said, for Chap- ter 90, we must have 44' of pavement. We have already appropriated money; if we want to proceed, we will have to construct 44' of pavement. Lowell The Chairman said that the main thing we are con- Street cerned with is the safety of the children crossing Lowell Street. Mr. Cataldo said that it should be designed, tak- ing into consideration, the safety of the children. Mr. Gray said that we should ask for a light. Mr. Greeley said that it should be on the North side of Lowell Street. 1 58 Mr. Gray said that a pedestrian light would allow the children to get over to the Harrington School playground. At school time, there is no problem as there is a Guard, there is no protection in the summer. The width was discussed and Mr. Cataldo said that this is how we would do it, regardless of Chapter 90. Mr. Kenney said that he wouldn' t like to see 4.4' from Arlington to Burlington. Upon motion duly made and seconded, it was voted to instruct Mr. Gray and Mr. McSweeney to say that the Board of Selectmen is in favor of 44. feet of pavement, subject to the installation of a pedestrian traffic light at the intersection of Lowell Street, Maple Street and Winchester Drive. Mr. Kenney was recorded in opposition. Mr. Gray informed the Board that a street has not been designated for Chapter 90 funds. We suggest Spring Street, East Street, and Massachusetts Avenue from Worthen Road to 128; we cannot see any widening of Massachusetts Avenue, only reconstruction. Mr. Cataldo said that we promised Town Meeting that we would come up with a complete list of streets . Rather than Massachusetts Avenue, talk with the Planning Board and see if the subdivision of the Trinity Covenant Church has come through. If we have to build a road, use Worthen Road as Chapter 90. Mr. Greeley said that we are not going to get that sec- tion under Chapter 90. Mr. Cataldo said that it is approved now; the concept is there and the concept layout. They have accepted this last year. Mr. Greeley said that we didn' t spend Chapter 90 on that section near the Church and we are at least morally obligated. Chapter Mr. Cataldo said that we guaranteed the State nothing 90 for completing this road. Mr. Greeley said that the only way we can argue with the State is on eligibility, to build a list. Marrett Road to Sherburne - I don' t see how you can go only from the Church to Pleasant Street. We should tell Town Meet- ing it is, in effect, to put Marrett Road through to Pleasant Street. If we do make that concession to Town Meeting, they won't vote it. Mr. Mabee said that there is a feeling in Town about Chapter 90. There is one way to go about it - propose a street, go to Town Meeting and hope it goes through. The feeling now in Town Meeting is such that they must have a whole list of streets before them. Hold out some streets. By putting Adams Street on, we will find out the tenor of the Town, whether it be the widening or the reconstruction of Spring Street - we will know the answer. 59 Mr. Gray said that we could have Spring Street as the priority street. Mr. Mabee said that the Article could be for Spring Street, East Street, Massachusetts Avenue, etc. ; let them delete the ones they want. Mr. Cataldo said that we promised them the list of roads; for us to come up with the ones we want is going to be a tremendous job for the Engineering Department. Mr. Mabee said that we would give three chances. Mr. Greeley said that Mr. Mabee is giving a test vote. Mr. Kenney said that we put up Adams Street in 1969, 30' under Chapter 90, or a design of 261 or 281 and give a choice; vote one way under Chapter 90 and the other, Town funds. Mr. Mabee said that there were too many alternatives . Mr. Gray said that we must come up with a concrete layout. The Chairman said that you are on dangerous ground if you give alternatives. Mr. Gray said that to get Chapter 90, Mr. McSweeney won't come up with less than 301 . Mr. McSweeney said that the only area we were de- feated in was the part that needed the least construction. Mr. Greeley said that, if the fact is that the En- gineers would insist on substantially the same design, maybe Spring Street might be a better one. You design reasonable standards; this is the kind that Mr. Kenney wants as alternatives. Mr. Kenney asked, if we say for minor changes, do you want to turn down State aid? Mr. Mabee said to get the number of streets which would all be in one Article under Chapter 90 and when they are unfavorable . . . We understand that this is not a standard Chapter 90 road. The Chairman said that this Board proposes that you come in with, what is in your judgment, the beat to be done this year. It may be approved under Chapter 90 funds; if not, give a choice of What is the right thing to do. If we give alternatives, every one must be done by Engineering. Mr. Greeley said that, supposing Mr. McSweeney had redesigned Lowell Street and felt that the Town could wisely rebuild to a 301 pavement at a cost of 50 percent more than under Chapter 90, I don' t think it is reason- able to put it to Town Meeting and let them decide. The Chairman said that the proposals come from this Board and the more oppositions you give, the more confu- sion you create. Mr. Greeley said that these are our own Engineer' s standards. If we are willing to present them, it is rea- sonable. Mr. Cataldo said that this is true of the present case on Lowell Street. We all know that it should be 441 . We wouldn't recommend it being built under wo if we used our own money. Mr. Greeley said that we have been attracted by Chapter 90 and accept their own standards. The Chairman said that the legislative board dis- poses. Is this, in our opinion, the best to recommend to the Town? If so, we recommend we propose and let them dispose. Mr. Kenney said that the State is looking at it from County to County. Our own Engineer would say it was ade- quate. The Chairman said that it should not bb proposed for a County road. Mr. Mabee said that there was one proposal tonight that Spring Street be a County road. I am in favor, but it will be the first one turned down. Mr. McSweeney said that if you feel this way, it should go back to Adams. Mr. Mabee said that, personally, he would go back to Adams as a Town way and pay for it. Mr. Gray said that we must earmark this money or we are going to lose it. Mr. Cataldo said that he would include Worthen Road. Mr. Gray said, Worthen Road - and from now until Town Meeting, you can decide what you want to do. Mr. McSweeney said that we will designate the street and another alternative. We will continue on Worthen Road or designate an alternate. Mr. Kenney said, not Worthen Road as a prime street. Mr. Mabee said that it could be Spring Street, with Worthen Road as the alternate. Upon motion duly made and seconded, it was voted to instruct Mr. Gray and Mr. McSweeney to designate Spring Street with Worthen Road as the alternate, as the streets under Chapter 90. Mr. Gray informed the Board that he and Mr. McSweeney *et with TMMA and the prime topic of conversation was Chapter 90. He made it clear to them that there are cer- tain criteria we must adhere to concerning sidewalks, trees, etc. The Chairman said that we have received the proposed regulations on the minimum standards for bathing beaches; the hearing is on November 19th. Nothing is going to be 61 111 done this year on the Reservoir. Mr. Mazerall has to scrape the bottom. He asked if there was any action to allow him to proceed. Mr. Gray said that Mr. Cortell was in contact with Mr. Powers and the State will accept a recommendation. Reservoir We have said that we would not do anything until we hear from the Board of Health. Mr. Gray was instructed to talk with Mr. Huestis of the Board of Health. Mr. Zaleski appeared before the Board and said that the Planning Board has received a letter from the Trinity Covenant Church. We are not quite sure of the decision of the Board of Selectmen and the Planning Board would appreciate being advised and instructed on this matter. The Chairman said that the Board has voted Spring Street, with Worthen Road as the alternative. Primarily, this is a Planning Board project. However, we felt that Worthen Road should be built; these streets should be proposed. Mr. Kenney said that there is a question on the width and the cost and we haven't heard anything yet. Trinity Mr. Zaleski said that the majority of the two Covenant Boards is in favor of constructing the 70' right of Church way and the 44, pavement. I have had discussions with Mr. Lind since then and there may be some new develop- ments. The Chairman said that we told Mr. Lind that he was talking to the wrong Board. You will have to re- solve this. Mr. Zaleski said there has been no change in the Board' s position since the meeting with him. Mr. Cataldo said that the Planning Board is talking about approving Worthen Road to a point, who would ex- tend that road? Mr. Zaleski said that there was a possibility of the subdivision doing it. Mr. Cataldo said that, for the couple of acres in- volved, they are not going to build under these con- ditions to these two sections. Mr. Zaleski said that they may be willing to con- struct the part across school land, The Town would have to build as navy feet otherwise. I understand, from the minutes, that they refused to do that. The Chairman said that they will not build a road on the Bowman School land; it must be done at Town ex- pense. Mr. Kenney said that when you met with the Board, 1 the Planning Board gave the impression that they would build. [!G Mr. Zaleski said that the people there at that time said yes, but after discussion, they said no. Mr. Kenney asked if there was any estimate of the cost? Mr. Zaleski said that there was no estimate. Mr. Greeley asked if there is any question on the right of way on the side away from the Church along what was to be open space? Mr. Zaleski answered in the negative and left the meeting. Mr. McSweeney said that, in the 1968 budget, it had been planned to run a trunk sewer and force main from Lowell Street, north of Woburn Street. They had been told by the State that, due to the reconstruction of Woburn Street, the Town would not be able to tear up the road for five years . Since then, Whitman and Howard had designed this and the beat way to handle the sewer laterals was to come into Rolfe Road and Marshall Road. We would Rolfe Rd- like to incorporate these laterals, along with the $131,000. Marshall We would like to put them in now as we would be saving Rd. $15,000 to $18,000. He would have in the vicinity of $50,000 left over and could do them; he didn' t like the pumping station being dry for a year. Mr. Cataldo asked if our appropriation was broad enough to do this? Mr. Gray said that it would be coming from lateral money in the broad Article for laterals. The whole area would be sewered. Mr. McSweeney said that we have updated all of our figures. Mr. Cataldo asked whyit was not recommended the first time? Mr. Gray said that in figuring out lateral areas, we have a 22' out and by doing it this way, it would be a normal cut. There were not enough details available. Upon motion duly made and seconded, it was voted to add Rolfe Road and Marshall Road sewer laterals. Mr. Gray said that the Knights of Columbus are pre- senting the same proposal, except that they have moved K of C the manhole over to Town property. The easements. are Liberty between the K of C and Liberty Mutual and they would as- Mutual sume all the costs. Upon motion duly made and seconded, it wars voted to approve the plans for a private sewer, as presented by the Knights of Columbus and the Liberty Mutual Company. I 6.3 Mr. Greeley discussed the traffic situation on Route 2 at Appleton Street. He felt that the State is obligated to maintain traffic in a better way. Mr. Cataldo said that the setup is that the other lane is going to be opened and it is not. Mr. McSweeney is to talk with the State DPW. upon motion duly made and seconded, it was voted to adjourn at 10:00 P.M. A true record, Attest: Executive Clerk, Selectmen 1 C k) 4 SELECTMEN ' S MEETING November 13, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building , on Wednes- day evening, November 13, 1968 at 7 30 P M Chairman Cole, Messrs Cataldo, Mabee and Kenney were present . Mr Legro, Town Counsel , Mr. Gray , Executive Assistant, Mr Burke, Superintendent of Public Works , Mr McSweeney , Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs McCurdy , Executive Clerk, were also present Hearing was declared open upon the applic ation of the Edison Company to lay underground conduit on Edison Way Notice of the hearing was mailed to the petitioner and filed with the Town Engineer There were no owners of property involved Mr Pratt of the Boston Edison Company was present at the meeting and stated that the request for this piece of conduit was to alleviate the strain on Massa- chusetts Avenue No one was present in favor or in opposition and Conduit the Chairman declared that portion of the hearing closed . Location The Chairman read a letter from the Town Engineer recommending that the conduit on Edison Way go directly from the manhole in the southeasterly direction to the east side of Edison Way and then proceed to the pole location 328-3 either in the grass plot of sidewalk area or along the gutter line adjacent to the curb Mr Pratt was given a copy of the Town Engineer' s letter and said that he would inform the Boston Edison Company of the Town Engineer' s recommendation The Clerk was instructed to hold the petition until Mr Pratt clears it with Boston Edison Company Upon motion duly made and seconded , it was voted to approve the petition and sign the order for the follow- ing conduit location , subject to the conditions set forth by the Town Engineer Edison Way , northeasterly from a point approxi - mately 115 ' northeast of Massachusetts Avenue, a distance of about 70 feet - conduit Mr Legro informed the Board that the contract for Painting painting the Town Office Building , Cary Memorial Building Contract and the Police Building, awarded to T Mickle 8 Son , Inc in the amount of $3500, is in order and requested the Board to sign it 6'5 i' Upon motion duly made and seconded , it was voted to sign the contract awarded on October 21 , 1968 to T Mickle 8 Son, Inc in the amount of $3500 Mr Legro said that he would like to point out to the Board that he had suggested one correction to the Superintendent of Public Works in relation to the in- surance certificate, so he has not signed the contract The Board might consider waiving the clause on the reliability on the hiring of non-owned vehicles It doesn ' t, in this particular case, upset the competitive bidding and is totally unnecessary since this con- tractor isn ' t going to have hired vehicles In the future, he recommended that consideration be given to omitting these requirements Insurance Certificate Mr Legro said that, this past week, he had talked to the Superintendent of Public Works about the pro- posed issuing of a permit to Cabot, Cabot and Forbes for the opening of Hartwell Avenue to put in a drain In connection with this, I pointed out that in addition to the bond, required for the contractor, the requiring of the naming of the Town of the insured in the con-. tractor ' s permitee ' s liability insurance policy At the time of the Hunt Building demolition , Cary was the contractor and a piece of equipment knocked down a light standard We had required him to have a $5,000 bond to indemnify the Town and properly protect and re- store the way it had not been the practice for the contractor to do this or indemnify for liability Action was brought against the Town and is still pending Cary ' s Bonding Company refuses to come in and defend for the Town . Mr. Legro said that the other case concerned Belli Brothers on the reconstruction of Lowell and East Streets northerly to the Burlington line Action is pending against Belli Brothers and the Town In that case we did require that the Town be named as insured The In- surance Company finally recognized it to come In and defend the Town and the Town will save money in defense of a suit 1 suggested to the Superintendent of Public Works and the Engineer that it is important when some- body comes in and gets a permit, and has full applica- tion to the situation where Cabot, Cabot and Forbes asked for a private drain i thought it ought to be recommended to the Board as it would provide for the in- demnification for the Town , in the same manner as streets, and sewers It is my understanding That Public Works is , almost daily, issuing permits and I am recommending this for future permits i Mr Cataldo asked if a bond is required on any street opening? Mr Legro said , yes, but not for public utilities . Mr Cataldo asked if he was recommending that we change that also? Mr. Legro said that it was worthy of consideration Mr Kenney asked if it could be a blanket thing . Mr. Legro said that we have not been requiring a bond; I am not sure what has been happening when there has been an injury caused by public utilities opening a way; maybe we can defer action if coming in and defending the Town, we don ' t have the problem that we do with a private contractor This ought to be con- sidered now so that the exposure would be eliminated and we would be properly covered The Chairman said that we have previously voted and Mr Legro has named the restriction s , Public Works will govern accordingly now Mr Mabee asked if there would be a bond and in- demnification? Mr. Legro said there would be both Mr Burke said that a majority of the permits are for contracts approved for Public Works for water and sewer connections and there is a $5,000 bond in all other cases thy are working outside and protection for utilities How does Town Counsel feel about inseeancee for these fellows? Mr Legro asked , doesn ' t that private contractor do work within the limits of the public way? Mr Burke said , only when they are on the public way; we give them a formal permit. Mr Cataldo said that it was not to open the street Upon motion duly made and seconded , it was voted that it is the policy of the Board to require a private Contractor, as a condition to the issuing of a street opening or occupancy permit, to indemnify the Town against all claims that may arise out of that work and to provide insurance satisfactory to the Town covering that contractual liability Mr Gray said that the Board has previously dis- cussed the request from Mrs Rosenberg of the Montessori School to have Rex Trailer and his horse for a fund rais- ing event in May, to raise money for a scholarship fund and Roxbury transportation fund He has talked with Mrs Rosenberg and explained that the horse might damage the sod Mrs Rosenberg said that they could get Rex Trailer without his horse Mr Kenney asked if they would charge admission? I li Mr Gray said that they would as they are trying to raise money for a scholarship fund The Chairman said that they can ' t charge admission , but they can have a donation Mr Gray asked if the Board would object to a collec- tion? The Chairman suggested that they ask for a donation instead of an admission charge He asked about the date Mr Gray said that they would like to use the field in May The Chairman asked Mr Gray to ask the Superintendent of Public Works to check with the Park Superintendent and to check with the School Department to see if the field is available If so, inform Mrs Rosenberg of the conditions under which she may have permission to use the field Mr Kenney said that they charge admission for the football games and asked how they get around that? He asked Mr Gray to check that out with the School Depart- ment. Upon motion duly made and seconded , it was voted to grant permission to the Montessori School to hold a fund raising event in May, 1969, subject to the ironing out of all details involved . Mr Gray said that there is a question about the Newell property, whether to rent it or have Public Works make arrangements to have all the pipes drained We do have a request to rent it from one of our employees Mr Cataldo said that the Library hasn 't answered us about the use of the property Mr Mabee said that it was not in the foreseeable future. Mr. Cataldo said that he would rather have people in the house Mr Kenney asked if a tenant would pay utilities Mr Gray said that it could be rented with the under- standing that the tenant pay for utilities and there would be no renovations Mr Gray will check it out and make a recommendation to the Board for a suitable rental figure Mr Gray informed the Board that at the joint meeting with the Board of Health and the Recreation Committee , the Board of Selectmen had said that nothing would be done un- til a letter had been received from the Board of Health Today , we received a letter from the Board of Health which states that approval is granted for the use of the Reser- voir as a bathing beach , subject to the conditions con- tained in the letter from the State Department of Public Health and any and all provisions of the new sanitary code for bathing beaches "Article VII " to be adopted by the Massachusetts Department of Public Health The letter also states that this approval shall not be construed as a guarantee that the proposed bathing beach will at all times be able to meet the standards of the Massachusetts Department of Public Health for bathing beaches The Chairman said that we now have the letter and can proceed . Upon motion duly made and seconded , it was voted to proceed with the clearing of the bottom of the Reservoir under the direct supervision of the Public Works Department Mr Cataldo spoke about the Town Office Building Committee He said , as you know, we have a problem with the Town Barn We had a meeting on October 14 with everybody concerned and reviewed the things that had to be done We agreed to give the Hartford In- surance Company and Tocci ten days to finish the project. We wrote a letter on October 16 telling them and nothing has been done. He would like to recommend that we write the Hartford Insurance that we would like to terminate the contract under Article 22 of our contract ; it gives us the right to fix Public things The main thing 3s the heating system mast be Works balanced and a couple of controls for the ventilating Building equipment must be installed The doors the Contractor has replaced must be repainted We have set this forth in the letter to the Hartford Insurance Company and there have been no results We still have the bond retention of $20,000 We would like to inform Hartford Insurance that we would terminate the Con- tract Mr Mabee asked if we had enough retainers to finish? Mr Cataldo said, yes We have been living with this thing monthly_ add can see no surer way to getting the job done We will give Town Counsel the letter and he will contact them Mr Mabee asked if they did something and if we paid something on the work they did? Mr Cataldo said that as they did the work, we paid them Mr Legro said that the contract we are terminating was drawn up after the original one, the contract for the completion of the Public Works Building Upon motion duly made and seconded , it was voted that Town Counsel is to take the necessary steps to terminate the contract for the Public Works Building b9 Mr Cataldo informed the Board that we have come to the point of making a recommendation to get the necessary space required in the Town Office Building We have evaluated every conceivable concept The recommendation is to put an addition on this building and the Police are to be in the whole building This will give us 9, 000 square feet Mr Gray said that the survey was done and is in- corporated in the Architect ' s study Mr Mabee asked if there would be enough space for the next twenty years Mr Cataldo answered in the affirmative Mr Kenney said that we are relinquishing space Mr Cataldo said , 3500 square feet We are gain- ing 9200 square feet net; gaining about 6,000 square feet Mr Mabee said that the Police are gaining more Mr Cataldo said that he is asking that they ap- Town prove the concept ; for the budget figures to go to Office Capital Expenditures Building Mr. Mabee said that we will lose a lot of the parking area Mr Cataldo replied that we wouldn ' t lose too much Mr Gray said that he will work that out with the Traffic Committee Mr. Cataldo said that the cost figures are $320,000, addition; $232,860, renovations ; $41 ,000, basement level ; renovation of Police Station , $ 113,725 ; $42,415, contin- gencies and fees; Total of $750 ,000 The recommended figure for the 1970 Town Meeting is $750,000 $45,000 for plans and specifications are not out of the $750,000 Mr Kenney asked what Capital Expenditures has been carrying? Mr Cataldo replied , $500 ,000 This is including air conditioning, Town Manager and Data Processing Basically, we have cut many of the Chief ' s requests out of this Mr Mabee asked if he is prepared to defend this? Mr Cataldo said that he was The Architect' s fee is a flat fee of $2,000 The Chairman asked if the Board was agreeable to this? Mr Cataldo said that he would like the Board to submit it to the Capital Expenditures Committee It was agreed to meet with the Capital Expenditures Committee on next Monday evening to submit the figures for the Town Office Building The Chairman said that a letter has been received from the Retirement Board requesting acceptance of Retirement Chapter 174 of the 1968 Acts and Resolves Board It was agreed to refer the matter of Town Counsel Request and get a report from Mr Perry 700 The Chairman said that a letter has been received from the Senior Citizens ' Club , requesting a school bus to provide transportation for the memb ers of the Senior Citizens ' Club who reside at William Roger Greeley Village to and from the Cary Hall on the third Monday of each month The Chairman said that we have no jurisdiction over the school busses They are asking us to hire one of these busses and pay for it Senior Mr Mabee said that this is something that could Citizens ' be in the budget next year. The Chaii`tfian said , unless the School Department wants to donate one of their busses The Chairman said that we do not have the funds, unless Recreation has funds left. Mr Bond of the Recreation Committee was at the meeting and said that the Board could request a letter from the Senior Citizens and a figure for the busses for the next year' s budget, around $3,000 It was agreed to request the Senior Citizens ' Club to write a letter to the Board with a figure for bus transportation, this amount to be to the Recreation budget Upon motion duly made and seconded , it was voted Town to sign the forms from the Town Clerk stating the Clerk number of ballots cast on November 5, 1968 to be 14,380 Hartwell Upon motion duly made and seconded , it was voted Ave Water to sign the Water Order for Hartwell Avenue Sewer Upon motion duly made and seconded , it was voted Constr to sign the Sewer Construction Order for Turning Mill Order Road Upon motion duly made and seconded , it was voted Minutes to approve the Minutes of the Selectmen ' s Meeting held on November 4, 1968. Police Upon motion duly made and seconded , it was voted Resigna- to accept the resignation of Patrolman Donald J tion Rycroft, effective November 23, 1968 Mr Kenney asked about the status of the Goodwin Club property inspection Licenses Mr. Gray said that the inspection was made by the Building Inspector and the report has gone to Mr. Legro. 71 The Chairman told the Board that we should dis- cuss some of the rules and regulations for Club Licenses so that when applications come in, we can Club tell them the fees and regulations Licenses Mr Gray was instructed to check with other towns that i_sswe Club Licenses , and report back to the Board Mr McSweeney said that he had requested the Board to reject the bids of October 28 on the swim- ming pool as the advertisement wasn 't in order for an alternate bid On November 8, he received two bids , one from the Continental Swim Pool Corporation , and the other from United Swimming Pools, Inc On our invitation , the first bid would be on Camp , Dresser S. McKee specifications and on the alternate, the owner had the right to submit as an alternate bid Con- Swimming tinental submitted only an alternate bid of $ 16,925 Pool United Swimming Pools submitted a standard bid of Contract $52,650, first alternate bid of $ 18,777 and second alternate bid of $25,000 The recommendation is to accept the bid from the Continental Swim Pool Corp . at $ 16,925 He has just received the insurance certifi - cates and has five contracts to be signed The Chairman said that the contracts cannot be signed tonight , as they are incomplete Upon motion duly made and seconded , it was voted to award the contract for the instructional swimming pool to Continental Swim Pool Corporation , 239 Commercial Street, Lynn , Massachusetts in the amount of $ 16 ,925 Chairman Cole informed the Board that the time has come for him to step down as Chairman The Board has elected him Chairman for six years and it is with reluctance that he feels that he must step down Upon motion duly made and seconded , it was voted Chairman of to nominate Robert Cataldo as Chairman of the Board the Board Mr Cataldo was unanimously elected Chairman of the Board to fill the unexpired term caused by the resignation of Mr Cole Mr Cole said that the Chairman is automatically a member of the MBTA Advisory Board He asked the Chair- man if he would like him to continue as a member of the Advisory Board The Chairman said that he would like him to con- tinue and also to continue on the Bargaining Committee with the Union and the Beautification Committee Mr Bond of the Recreation Committee asked if an opinion could be given relative to the use of the Recreation various facilities under the direction of the Recrea- tion Committee; there is the pool and a tennis court - they would expect to charge people for lights 1( 2 Mr Mabee said that some areas make sense to do it and some don ' t The pools and tennis are the two best areas in which you could do it The Chairman said that it should be explored ; there are some parts of the Central Playground you couldn ' t charge Look into it and come back with recommendations Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of discussing , deliberating or voting on matters Executive which , if made public , might affect public security, Session the financial interest of the Town , or the reputa- tion of a person . After discussion concerning the financial in- terest of the Town, it was voted to go out of Executive Session Upon motion duly made and seconded , it was voted to adjourn at 10 00 P M A true record , Attest Z(C..cle-n/ Executive Clerk, Se ectmen , SELECTMEN ' S MEETING November 18, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening , November 18, 1968 at 7 30 P .M Chairman Cataldo, Messrs Cole, Mabee, Kenney and Greeley were present. Mr Legro, Town Counsel , Mr Gray, Executive Assistant, Mr Burke, Superintendent of Public Works , Mr . McSweeney, Town Engineer, and Mrs . McCurdy , Executive Clerk , were also present Mr. Legro informed the Board that he had received copies of the swimming pool contract today at 4 30 P.H. He had read them and exception is taken to the weather condi , - tion clause of $40 00 per day if completion of the contract is delayed upon the specified date He hasn 't had an op- portunity to determine the effect of liquidated damages . Other than that, the contract is in reasonably accepted form It was patched together from other contracts and the Camp, Dresser and McKee proposal that the firms origi - nally put out . It will require interpretation but it can be made in a manner that will make the contract in approv- able form The Chairman asked if the clause should be stricken? Mr . McSweeney said that both bidders bad this question on the weather. I originally talked with them on this in September and I had a call again on Friday This is an ex- pensive operation and I would like to eliminate the time Swimming consumed for them to get answers I told them that if Pool there were any questions, to put them in Mr Greeley asked what the expiration date is? Mr . McSweeney said that it was February I , 1969 Mr Mabee asked if we have any right to retain ten per cent until the work is completed? Mr, McSweeney said that we did . Mr Greeley asked if we have any recourse if the work is not completed by June I , 1969? Mr Mabee asked if we did by the penalty clause? Mr McSweeney said that we retain the amount of money for the amount of work to be done Mr . Legro said that the provision for termination pro- vides for the Town ' s rights , in' event of abandonment, or if the conditions specified are not fulfilled or unreasonably delayed , or if the Contractor may discontinue, the Town may complete the work. I 4 Upon motion duly made and seconded , it was voted to sign the contract for the instructional swimming pool , awarded on November 13, 1968, to Continental Swim Pool Corporation, 239 Commercial Street, Lynn, in the amount of $ 16 ,925 Mr Cole suggested that the pool be named for Jack Garrity , who had done so much for the Town in this area Mr Mabee asked what is the name of the other pool ? Mr Gray replied that it was the Center Swimming Pool Mr Cole said that it would come under the jurisdic- tion_ ©f the Board to name it but we would consult and pro- pose it to the Recreation Committee The Chairman suggested that the entire Center Play- ground be named for Mr Garrity Mr Gray was instructed to write Mr Bond regarding the matter Mr Gray informed the Board that a letter has been received from George Wallis, 14 Dewey Road , requesting an Deferment abatement of sewer betterment assessment in the amount of Sewer $694 73 When the sewer line was constructed , Mr Wallis Betterment could not be connected because of gravity Mr Gray recommended that the abatement be deferred Upon motion duly made and seconded , It was voted to defer the sewer betterment assessment in the amount of $694 73 on Lot L C 9, 14 Dewey Road , owned by George Wallis Mr Gray informed the Board that a petition has been received from residents of Middle Street, requesting that three trees be saved on Middle Street when a Sidewalk is Trees constructed It stated that a public hearing had been held Middle and the Tree Warden felt that these trees were worth keeping Street Mr Cole asked if it was agreeable with Public Works as far as plowing is concerned? Mr Gray said that it was He had discussed it with the Town Engineer and it was agreed to request that the Board write to the petitioners and inform them that the three trees can be saved Upon motion duly made and seconded , it was voted to write the petitioners on Middle Street that trees No. I , 3 and 4 are to be saved during the construction of a side- walk on Middle Street Mr Gray requested the Board to sign a request for a transfer of $210 to Article 26, 1967 June Town Meeting . Transfer The appropriation for this Article has been depleted and Mr Legro has requested that a check for $210 be sent to Edward B and Julia Dempsey in settlement of damages aris- ing from a taking by the Town of rights in a portion of their land for the layout of Laconia Street11 7 Upon motion duly made and seconded , it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Article 26 , 1967 June Town Meeting, in the amount of $210, to settle an award of damages to Edward B Dempsey , in the amount of $210 Mr Gray said that the Board had agreed to rent the property on Clarke Street and he had been asked to come up with a rental figure It is his recommendation that the rent be $ 150 per month , subject to the provision that the teasee ; take care of all utilities Clarke St Mr Cole asked if the leassee would have an oblige- Property tion to take cace of the property? Mr Gray said that it would be spelled out in the agreement Upon motion duly made and seconded , it was voted that the rental fee on the property at 12 Clarke Street is to be $ 150 per month , plus utilities Mr. Gray asked the Board if the liquor license fee is to remain at $ 1500 or if the Board wishes to change the amount It was agreed that Mr Gray is to contact the sur- Liquor • rounding towns for information on the club liquor li - censes and report to the Board on next Monday evening Upon motion duly made and seconded , it was voted to authorize the Chairman to sign the Certificate of Incor- poration for William E Stone , 31 Somerset Road , "Asso- Cert of ciation for the Performing Arts , Inc " and Alien F Incorp Mirsky, II Turning Mill Road , "Health Careers , Inc " satisfactory character references having been received from the Police Department Upon motion duly made and seconded , it was voted to approve the Minutes of the Selectmen ' s Meeting held on Minutes October 21 , 1968 The Chairman informed the Board that this year he has served on the Hunting Committee The Article calls for a member of the Board of Selectmen to serve on the Article - Committee Mr Ripley is anxious to serve on the Com- Hunting mittee but he is unable to 1 would recommend that an Comm. Article be inserted in the Warrant changing the wording to read, Chairman of the Board or his designee Upon motion duly made and seconded , it was voted to insert an Article in the Warrant amending the Hunting Committee to read , "Chairman of the Board of Selectmen , or his designee " I 6 Mr Thomas Taylor of the Permanent Building Com- mittee met with the Board Mr Gray informed the Board that this meeting is a result of a letter received from Mr Taylor regarding the location of a sidewalk on Stedman Road. Mr Taylor introduced Mr Davie-s5„ Architect, and Mr Wolters, Landscape Artist , to the Board . Mr . Taylor said that in planning for the new Junior High , they recognize that Stedman Road is presently used as a foot- path from Marrett Road to the Franklin School and Brook- side Avenue; it is now plowed by the Town as a sidewalk. me Greeley asked if it was all plowed , or just from Brookside Avenue? Mr Taylor said that he understood that it was all plowed , from Marrett Road through , and it will be used extensively We have given some study to another alter- native access To put it on our oww school site would require cutting Stedman Road is an old road with trees and is a pretty footpath We checked informally with Town Counsel as to the status and he advised us that the fee in Stedman Road appears to be in private ownership ; it is not part of the school site, it is a private way and no action could be taken to improve it until it is laid out by the Board of Selectmen The houses would take some searching of title and the people might have Stedman rights Mr Taylor said that what we need is for the Road Town to take action for a public way. The only sensi - ble course is to convert it to a public way I have talked with Mr McSweeney and first it must be laid out and accepted I would suggest a sidewalk or a footpath , as the School Department doesn 't want to use this as a road. I talked with Mr Zaleski and he is to discuss it with the , Planning Board that it would never be needed for vehicular traffic The other pos- sibility is to take the fee of Stedman Road for School purposes If we could incorporate it on our site, we could include it and get 40 percent State Aid This makes the most sense to us I am here to find out if the Board of Selectmen would consider making a taking for school purposes, and if this is not possible, that the Board lay out for a foot access . The cost of pav- ing it with a minimum of grading is $4700 From Brook- side Avenue, it would be constructed and paved as a larger vehicular access and would have to be included in any layout and taking We would like it for a public access to the School To incorporate is the cheaper way Mr. Greeley said that there are three sections of Stedman-Marrett Road to the front door ; front door to Brookside; Brookside to the Franklin School Are you saying Franklin as a vehicular way? If you have a 77 public or a private way , you have a vehicular road , traffic will go in and out to the Junior High on one road . Mr Taylor said that there is no access for child- ren at the present time on Allen Street Mr Greeley asked what was the status of the other side? Mr Taylor said that it was all town owned Mr Greeley said that he couldn 't imagine that it was not acceptable to have it open for vehicles , even regular traffic or School Department vehicles Mr Mabee said that he wondered if they really wanted to make it a footpath; it is steep Mr Greeley said that he felt that people need an access in order to drop off the children on a rainy day The Chairman said that the Board couldn ' t under- stand this from the beginning Mr Taylor said that the School Department said that they wanted a footpath Mr Mabee asked if they would be satisfied with a sidewalk and an access? Mr Davies replied that he would be Mr Taylor said that the only vehicular access is on Brookside The Chairman said that the normal path for teachers and pupils would be from Marrett Road Mr Davies said that the traffic situation on Marrett Road is quite dangerous, Brookside is consider- ably safer Mr McSweeney said that they are funneling the traffic up and down one street ; they are creating two hazards The Chairman said that you would like this to be a part of the School site, to make the taking , or you would like us to lay it out as a public footpath Mr Greeley said that, suppose it was agreed that it should be a vehicular way south of the service en- trance, that has to be vehicular anyway Would you rather have that part between there and Marrett as part of your site? Mr Taylor said that it depends on what is conven- ient for the Town If it is easier for them to do it, it would not put the burden on Public Works The Chairman said that you do not want to come on the other side of the wall ? Mr Taylor said that they didn 't want to cut into the bank The Chairman said that they are talking about three IIArticles in the Warrant to do this 78 Mr McSweeney said that, in accepting this as a foot- path , he would like to ask Town Counsel if we would have to settle damages in the same way? Mr Legro said that by laying out as a public foot- path we are denying their rights as a public way. I think they would be very close together Mr. Greeley said that to incorporate on school property, from Brookside to Marrett Road , leave it in the present status, developing from Brookside to the South Mr Mabee asked if the Planning Board has agreed to a vehicular road? Mr Taylor said that they have not; he has not talked to Mr Zaleski The Chairman asked if the Department of Public Safety would get into this? Mr Davies replied that he didn ' t think so Putting a road in would be costly because of the depth of the peat The issue is the connection between Brookside and Franklin School . The Chairman said that they should wait and see what the Planning Board has to say He asked Mr Taylor to come back to the Board within the next ten days The Chairman informed Mr Taylor that the Board has received a letter from Mrs Bucknell on the playground Her feeling was that the Board has accepted the responsi - bility on the playground and we wrote her that we would work with you It is our understanding that Public Works dug test holes The money will be in the budget at Town Meeting to lower the brook Mr Taylor said that he will talk with Mrs Bucknell It is my understanding that the Board would lower the brook and we would have the responsibility of the play- ground Mr Taylor retired from the meeting . The Capital Expenditures Committee met with the Board The Chairman gave them a chart for the Public Works Department budget and said that $450 ,000 will be spent specifically for laterals $ 150,000 is for trunks for sub- divisions; we usually ask $250,000 We had some people in Capital who wanted to develop next to the Waltham line; that would Expendi - have to be serviced tures Mr Boughton said that kind of a trunk wouldn 't come within the subdivision concept The Chairman said that it wouldn 't, but we are all looking to broaden our concept; Waltham can ' t take care of it, their system is overloaded and we will have to provide service We would like to see that area developed to get added income to the Town, rather than let it sit there 79 Mr Mitchell said that you , actually , show about $ 190,000, are you saying $ 110 ,000 is committed? Mr Gray said that the Contractor is working under that amount Mr Mitchell said that you are asking for $600,000 for the next few years , rather than $540 ,000 This is about a ten percent increase The Chairman said that we feel that, even at that, it won ' t give us the number of feet, to maintain the same amount of construction Mr Rawls asked how well caught up are you? Mr McSweeney said that $92 ,000 is left in miscel - laneous trunks The Chairman asked , of all the money , how much is committed in design? Advertised for bid? Mr McSweeney said that sewer laterals had $310,000 and $248,000 has all been committed The last $62 ,000 will be committed by December 1st , bids will be opened It has been surveyed and will be designed within fifteen days of the opening of the bid On the trunk sewer, Article 16, East to Rindge Avenue, is the survey stage; accept in February, 1969 Article 17 , Lowell Street, an- other part by December 1st. Trunk Sewer for Hill Street, Article 18, will go out on February 1st; put out for bid Article 19, Spring Street, $84 ,000 , should be about March ; has been surveyed Article 21 , sidewalks , $40 ,000; we have committed $26,000 on October 15th Article 74 , $25,000 on the $550,000, Federal application is still being reviewed The Chairman said that we are carrying the same esti - mates as at Town Meeting for reimbursement; we hope to have it at Town Meeting Mrs Rawls said that the advanced Engineering money hasn 't been touched The Chairman said that we did no advanced Engineering because of the situation in the department ; we did not use that $ 10,000 Mr McSweeney said that we have committed approxi - mately $ 1 ,000,000 under contract, as of tonight . On Arti - cle 9, the total is $ 184,000, committed by October 16 , 1968 Article 12, the instructional pool , the contract was signed tonight Articles 15 and 16 of 1967 , $252 ,500; the contract has been finished at $221 ,905; the only thing held was maintenance Article 19 of 1967 , sidewalks com- mitted on October 17th , $30,000 On street betterments , money appropriated and engineering fees, $ 154 ,000 Articles 82 to 85, we had to defer all action because of insuffi - cient funds; we put off the whole group ; we couldn ' t take one out; we didn ' t have enough money for a good combination of three streets sn Mr Mitchell asked if there was a change in the specifications? The Chairman said that there was a tremendous in- crease in construction costs that weren 't taken into consideration when the estimates were made Mr Kenney said that the swimming pool started off with $60,000, which was triple the amount of the final bid Mr Boughton asked how practical is it for us to accomplish $450 ,000 for laterals? The Chairman said that, looking at what we accom- plished this year to put out to bid and get under the contract, this should be no problem to design and com- mit . We have a new Assistant Town Engineer, as of a month ago Mr Boughton asked , if you design and commit for construction , as of what date? Mr McSweeney said , when we get the money The Chairman said that he can see going through the $ 10 , 000 to keep going Mr Boughton asked if construction will be carried out on these laterals next summer? Mr McSweeney said that we have been going all summer on $300,000 We have a good program going now and will have the rest by spring, the approval of the money by spring 1 believe that this has been a very strenuous pace Mr . Mitchell said that, assuming the Federal Government approves , the other big project will be the trunk sewer The Chairman said that we would send that out Mr Mitchell asked if they would do the laterals under Whitman and Howard Mr McSweeney said that he hoped to do a part of them Mr Mitchell said that he was aware of the amount of effort on the part of Engineering and would be sympa- thetic to a propotal to keep the Engineering effort going, but he didn 't think they should commit our con- struction funds until we are ready to go ahead with the projects The Chairman said that the Board thinks they should not carry over a construction year , but to get lower construction rates, we have to get that money committed and the price nailed down The new union rates are high When we mean committed , the contract has been signed and the monies committed ; the design part to be all done, and ready to go to work, The answer is , yes , to the question if we can handle this amount of money without going over another year The Chairman said that there was a question mark on drains Mr Gray said that the Superintendent of Public Works is getting figures on drains and it may be $40,000 or less There Is one particular drain and reimbursing subdividers on Worthen Road which is being discussed with Mr Zaleski as to the cost, there will be some ap- propriation and it is likely to be a good deal more than $20,000 The Chairman said that the Planning Board was asked to submit figures and they haven ' t done it Mrs Rawls said that the piece over Town property was never taken out of our budget Mr Mitchell asked if it would be Chapter 90? The Chairman said that it could be ; it qualifies for an approved Chapter 90 road by the State Mr Boughton said that, on drains , on the work that was being done for the Town by our Planning Consultants , the one thing that came to light was that overall drain- age had not been reviewed since 1920 and this was one very significant gap in the overall view of the Town He asked how they felt about the overall study of the drainage situation of the Town and if it was something the Town Engineer could do? Mr Gray said that the Board could discuss it at budget time The Chairman said that, town-wide , they haven ' t gotten into it There is a drain situation on Meriam Street that should be taken care of Mr Boughton said that they would need a water main on Waltham Street to go along with the sewer The Chairman said that the water main was already in. The Chairman said that the Board decided to combine reconstruction and acceptances After our experiences this year, this figure would give us the same number of feet of road Mr. Mitchell said that, previously , it was $ 125 ,000 The Chairman said that it was $ 165 ,000; if we con- struct the four streets approved last year, it will give $ 100,000 for the new streets and acceptances this year Mr Mabee asked what percentage was borne by the abutters on acceptances and if it was set by statute The Chairman replied , 50 percent ; they pay $ 10.00 per focbt; and it is not by statute but is a policy of the Board Sewers are set by statute On reimbursing subdividers, the Planning Board has not come up with numbers There is some money in that account Mr Gray said that it was all committed The Chairman said that we can ' t give the amount un- til Mr Gray gets the figures 82 Mr Mitchell asked if the street figure is included in the other two or if it would be an additional re- quest for the street Mr Gray said that it does not include the portion on Town property Mr Mitchell asked about the increase in the side- walk figure The Chairman said that the Planning Board wants a higher figure We have the same situation here as on streets, construction costs have gone up Mr Gray said that we had $40,000 , and committed $26,000 There are only three streets left that haven ' t been finished Mr Mitchell asked if they were all for schools? The Chairman said they are Middle Street, Tufts Road and Coolidge Avenue Next year we need Concord Avenue, Barberry Road and Waltham Street The Chairman said that curbs remain constant next year The Equipment figure is $70,000 and Traffic Con- trol is $8 ,000; if we can cut these figures , we will do it Mr Gray said that the Board voted a pedestrian light at Lowell Street Mr Greeley asked if there was any change of getting the Bedford Street-Route 128-Hartwell Avenue traffic study before Town Meeting and if we would have to appro- priate money for that? Mr McSweeney said that the Traffic Committee hoped to have it by January 15 and an appropriation would not be needed Mr Cole said that it wouldn 't necessarily mean an Article in the Warrant; the Committee could come up with the recommendation not to improve on Bedford Street The Chairman said that there would be an Article for the Douglass property, it concerns the Selectmen and the Planning Board Mr Mitchell asked about an appraisal The Chairman said that the appraisals would cover it, but who knows where we will end up when we make the taking Mr Kenney said that, in our judgment, this is a proper figure Mr Douglass may have a higher one Mr Mabee said that it was a reasonable figure, on the basis of the information we have; it is not reason- able to Mr Douglass We told him we were going to put 1t in and ask Town Meeting to make a taking We don ' t have an agreement Mr Kenney said that the Library Trustees and the Planning Board agree The Chairman said that we are asking for no more money for the Center; we will design during the winter �e9 and construct next spring There will be no further money for Meriam Street off-street parking There may be some on drains We are waiting for a study on drain- age before the design on the whole parking area Mr Greeley asked if it included the connection to Grant Street The Chairman said that there will be no construction done until the complete parking lot is designed , there is no pedestrian access until the Depositors Trust, as you are aware The Chairman asked if there were any questions on Conservation or other lands? Mr Mitchell said that the Board mentioned Lincoln Street last September The Chairman said that we have asked Mr McSweeney to put the figures together and the Board will discuss and recommend to you by next Monday We have written a letter to the School Department and contacted Dr Fobert and have had no reply Mr Cole said that, due to Mr Cataldo' s personal efforts we have been able to get maximum results The Chairman said that any money put in for would be based on putting out under ordinary circumstances Mrs Rawls said that we have been working town trunks there and asked if they could have been working somewhere else? Have we used only $25,000? The Chairman said that we have not charged personal services to that Article We are accomplishing some- thing there They put in a substantial amount of time getting our snow-dump , the trucks can get in and out; they have put in a substantial amount of drains and drainage ditches Basically, we planned on doing it this way The items of expenditures are primarily equip- ment and material These figures are realistic and we can justify them The Chairman said that we have not discussed the Town Office Building with the full Board of Library Trustees Mr Mitchell said that they would like some discus- sion of need , how far you are on the planning , and what the consequences would be for putting it off for a year We have a major school expenditure The Chairman said that as far as our need is con- cerned , it is only going to get worse ; we have people in the hallway upstairs Mr G.ra;y can 't operate with a degree of efficiency There have to be changes in the Police Building ; according to the statute , they should have juvenile detention rooms , and they don ' t have them; The cells are downstairs and no one to watch the prisoners Mr Blake asked what happens to the juveniles now? MP. Cole said that they are taken elsewhere, or they are remanded to• their parents Mr Blake asked if the Town was charged? Mr. Cole said that he assumed we are Mr Gray said that they don ' t have interview rooms for inspectors, the desks are crammed in ; they need a general enlargement '-of the personnel area The Chairman said that if it is put off for a year, construction costs will go higher We don 't think you should give the School Department a blanket order We told them to justify the plant they are looking for Mr Boughton said that we have an open mind ; no- body has come forth to say what is being contemplated and what the needs are. The Chairman suggested a meeting with Capital Ex- penditures and the Building Committee and go through this from top to bottom Mr Greeley said that we could go over it with Capital Expenditures and the School Committee; what !* their administration needs They have two schools they are talking about converting I am not convinced The Chairman said that we asked the School Commit- tee and we were supposed to get a letter this week We asked them if we could have the Munroe School to use as a Police Station Mr Mabee said that Capital Expenditures will make an evaluation of the need of the Town Office Building , the Library, versus the school The Chairman said that we have decided on our con- cept . It was agreed that the Capital Expenditures Com- mittee, the Town Office Building Committee and the Board of Selectmen would meet in the Selectmen ' s Room on Thursday evening , November 21 , 1968 The Capital Expenditures Committee retired Upon motion duly made and seconded , it was voted to 0 into Executive Session for the purpose of discussing, deliberating or voting on matters which , if made public, might adversely affect the public security , the financial interest of the Town or the reputation of any person After discussion of items of financial interest to the Town , it was voted to go out of Executive Session Upon motion duly made and seconded , it was voted to adjourn at 10 20 P M A true record , Attest E i Executive Clerk, Selectmen 8i SELECTMEN ' S MEETING November 25, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building , on Monday evening , November 25 , 1968 at 7 30 P M Chairman Cataldo, Messrs Cole, Mabee, Kenney and Greeley were present Mr Legro, Town Counsel , Mr Gray , Executive Assistant, Mr Burke, Superintendent of Public Works , Mr McSweeney, Town Engineer , Mr Wenham, Assistant Superin- tendent of Public Works , and Mrs McCurdy , Executive Clerk, were also present Mr Clarke and Dr Fobert met with the Board The Chairman said that the Board has written you about school sites, and asked if they had done anything about the areas we are holding for school sites? Mr Gray said that he had talked with Dr Fobert and had requested that a letter be written to the Board The Chairman informed Mr Clarke that the Board would like to know about it right away Mr Gray said that a letter had been received from Mr Clarke regarding the 1969 Warrant on Lincoln Street, and it states that the School Department plans no request for funds for further developme nt of playing fields Mr Gray asked the Board to approve a request for a transfer of $225 to the Elections Account We had previ - ously requested a transfer of $3,000 and the Appropria- tion Committee approved $2 ,000 This amount is needed to pay bills for the November election Transfer Upon motion duly made and seconded , it was voted to approve the request to the Appropriation Committee for a transfer from the Reserve Fund to the Elections Account in the amount of $225 Mr Gray said that a request has been received from the Newcomers Club to hold a scholarship dessert and card Request party at Cary Hall on March 19, 1969 We usually have for Cary Town Meeting on the third week in March and he asked the Hall feeling of the Board on this request It was agreed to inform the Newcomers Club that an- other date should be selected Mr Gray informed the Board that a letter has been received from Mr Wal lie stating that Chief Corr has denied his request for a gun permit , as he does not belong 86 to a private club and he would like a meeting with the Board to discuss it Mr Gray said that, under the sta- tute, the Chief has the right to make the regulations; theca is a need for protection of life and property The Chief had advised Mr Wallie that if he joined an organized gun club , he would issue a permit The Chairman said that it is the feeling of the Board to support Chief Corr in the matter of issuing gun permits It was agreed to inform Mr Wallie that the matter of issuing a gun permit is within the jurisdiction of the Chief of Police Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which , if made public, Session might adversely affect the public security, the financial interest of the Town or the reputation of any person Following discussion regarding the finances of the Town, it was voted to resume the open meeting Mr Whalon of the Suburban Refuse Committee met with the Board Mr Whalon said that as of now, the Regional Refuse Board of which Lexington is a member, has seven communi - ties participating , Arlington having joined last year Under the existing law, every community may pay a sum not exceeding $3, 000 to defray the expenses of the Board ; the total is $21 ,000 The Board has three members from each community and subcommittees are appointed to various com- Suburban mittees , including finances and engineering , to inquire Refuse into various methods for disposal , primarily for incin- Committee eration The possibility does exist for rail hauling and both the Pennsylvania Central railroad and the Boston and Maine have tracks within reasonable reach of communities making up this Board Our engineering subcommittee is of the opinion, not knowing after a year and a half of meet- ing with engineering firms if it would include the most permanent refuse disposal , that they are no more certain of the problem of refuse disposal as there is no clear an- swer at this point Some communities , like Waltham and Bedford , have an urgent problem, but Lexington is not in this position There has to be some serious engineering activity taken to supplement the engineering efforts of our Board Without exception , we are told by those people who are informed on this , the sum of money is inadequate for an engineering study of any consequence It is of such a detailed nature., that if the Refuse Committee came to Lexington and tried to sell it they wouldn ' t buy it without having a program they would believe in There wouldn 't be anything more than a cursory program that 87 could come up with an evaluation of the proposed loca- tion and outlined specifications that would be suitable As a consequence, our Board has voted to ask an amend- ment to existing legislation of $3,000 per community, to increase this amount to a sum not in excess of $ 10,000 This would make $70 ,000 available to our committees , which we feel would be adequate Mr Cole is going to introduce it in the Legislature with Mr DeNormandie of the joint House and Senate Committee on refuse disposal He recommended this figure to us In view of the fact that legislation is permitted , we feel legislation will be introduced As the Warrant for the Town Meeting closes fairly soon , 1 thought you ought to consider an Article calling for this appropriation If pressed , we would be able to act on it Mr Greeley asked about Federal subsidies for the engineering progilam Mr Whalon said that his Board made application a year ago and it was not acted on favorably We didn ' t submit this year because we were informed that there were fewer funds available this year than last year HUD does not contain anything of such an involved character We have felt that we ought not to depend on any Federal funds Mr Mabee said that you are asking for more money This pre-supposes a distinct advantage to join up with other communities Why is it that we are going to be better off with six other communities? Mr . Whalon said that there is legislation available for those who have joined together to act This is a nation-wide problem Last year , there were all kinds of legislation passed Whether we like it or not, we are married to communities I don ' t know whether this is going to be the answer; whatever we may come up with is going to be with other communities who could adopt it or reject it Mr Greeley asked if there is evidence of economy when you get beyond dumping? Mr Whalon said that, financially , people are satis- fied that there are advantages Arlington is in and if they see the advantages they will stay Mr Cole said that, in answer to Mr Mabee, things are only solved on a regional basis In my opinion , refuse is one of them We have to start thinking now as we are going to have a problem To show foresight, we have to take the lead . Mr Mabee said that the question in his mind was that we had nothing but trouble with Bedford for four years, why think we could get along with six others? I 88 Mr Cole said that we must make the effort In this area , the only way it is going to be solved in the future is by a regibnal effort. do the•,future, we are going to run out of land . We can 't do it by ourselves Mr Mabee asked if it is definitely more economical on a regional basis? Mr Whalon said that the alternative would be a dif- ferent kind of approach , controlled by somebody else Mr Kenney said that what you are saying is , we are going to have regional whether we like it or not Mr Mabee said that Belmont and Winchester have their own incinerator Aren ' t they a lot better off? Mr Cole said that incineration is not necessarily the answer As time goes on , we have air pollution , and our aim is to preserve the clean air and clean water I feel rather strongly about it and I think the answers are found in further exploration I think we should put an Article in; Town Counsel could write the motion before Town Meeting If legislature starts in January , it is time consuming and he would have to have some time to get the motion in order Upon motion duly made and seconded , it was voted to insert an Article in the Warrant for the 1969 Annual Town Meeting to increase the appropriation for the Suburban Refuse Committee from $3,000 to $ 10,000 ; this to be acted upon if the legislation has been enacted Mr Greeley asked Mr Whalon if his group has inves- tigated the possibility of joining with Belmont on the incinerator Mr Whalon replied in the negative Mr Adams said that they would have taken us in but they didn ' t want anyone else to run it Mr Mabee asked if the Committee would explore the possibility of joining with Winchester; they have had a lot of difficulty and are going to rebuild , which in- volves a substantial amount of money Their incinerator is already over the capacity , it might be a good time to join with them The Chairman said that there was no answer for this year , this is, at best, five years away for a finished in- stallation n- stallation Mr Cole said that Mr Whalon should be congratulated for a job well done The Chairman thanked Mr Whalon for meeting with the Board and said that he had read the minutes of the Com- mittee meetings and our Committee has attended more meetings than any other one in the area Mr Whalon retired 1 89 Mr Gray informed the Board that the law requires a Community Service Director for the Welfare Department Mr Cole said that he felt David Toomey would be happy to serve in that capacity Welfare It was agreed that Mr Gray is to contact Mr Toomey and an appointment will be made on next Monday evening The Chairman said that a vacancy exists on the Board of Health , due to the death of Mr McQuillan Board of Mr Gray is to check with Mr Heustis and the Board Health will make an appointment next Monday evening The Chairman said that a vacancy exists on the His- toric Districts Commission , we have received nominations Historic from Arts and Crafts and the Library Trustees ; the His- Districts torical Society will have their nominations in by next Monday evening Mr Gray informed the Board that he had a meeting with the Post Office Superintendent and he agreed to ask Town his people to use behind the railroad tracks for parking Office Mr Gray has issued a directive to the Town employees to Parking use the parking area in back of Town Offices and keep the circle in front free of cars The Chairman said that he would like to discuss the figures to give the Capital Expenditures Committee We have a figure of $38,000 for drains , which includes Meriam Street and some requests for drains ; last year it Drains was $40,000 He has asked Mr Zaleski for a figure for and the section of Worthen Road for the subdivision ; we will Worthen discuss it later this evening Mr McSweeney has a figure Road of $55 ,000 for Worthen Road at Bowman School. Upon motion duly made and seconded , it was voted to submit to the Capital Expenditures Committee the figure of $38 ,000 for drains Upon motion duly made and seconded , it was voted to submit to the Capital Expenditures Committee the figure of $55,000 for Worthen Road at Bowman School. The Board discussed Lincoln Street Mr McSweeney said that it would be $ 110, 000 to finish the whole area We presently have 16 or 2 acres The area remaining is about 8 acres and we are taking $45,000 Lincoln Loam is $4 00 a yard and will be spread by contracting Street forces (This is not the I ' of gravel for the proposed bailfieid ) The Chairman said that he felt they should buy 3" of gravel , spread it , and put on 3" of loam, throw seed on it, and leave it there on the remaining area. yU Mr McSweeney said that would be one-half the cost The Chairman said that it could be used for many of the functions we now put in the Center Playground , I wouldn ' t go along with $45 ,000, myself Mr Greeley said that all we have done so far , we have done permanently The Chairman said that he would like to finish the fletd and use the rest of the money to see what materials we can get in there Mr Greeley said that we would be doing it on a long ran9e basis, not a temporary basis Mr Mabee said that he felt the people on Lincoln should be a lot happier now with what we have done Mr Kenney asked how much it would be for the ballfield? Mr McSweeney said it would be $6 ,000 Mr Kenney said that maybe we should ask for more than $ 10 , 000 in the Article The Chairman said that it would be up to the Board Mr Mabee said that $6 ,000 would do the field alone Mr McSweeney asked about $ 12 ,000? The Chairman said that we were very fortunate we had some money to work with , we went to the White Company and they hauled $5 , 000 worth of loam alone. Mr Greeley asked why the Board had to decide now? The Chairman said that we have to have a figure for Capital Expenditures Upon motion duly made and seconded , it was voted to ask the Capital Expenditures Committee for $25 ,000 for Lincoln Street Mr Gray discussed the Force Main and said that Bed- ford was having a special Town Meeting to ask for $500,000, they already have $275 ,000 from their pumping station and Bedford have appropriated $40 ,000 The application was filed Sewer August 28; Mr McSweeney checked today and it is still being processed The Chairman said that we should have an answer by next month The Board discussed the fee for Package Goods for a Package liquor license Stores Upon motion duly made and seconded , it was voted that Fee the fee for a liquor license for Package Goods Stores would remain at $ 1500 00 Motel The fee for a liquor license for motels was discussed Liquor Li - The Chairman said that the existing fee is $ 1500; we cense Fee could go to the extreme of $2500 , by statute Upon motion duly made and seconded, it was voted to raise the fee for a liquor license for motels to $2500.00 91 The fee for a Club License was discussed Mr Gray said that we have had requests for applica- Club tion and they have asked the fee Liquor The Board agreed to set the fee for Club Liquor Li - License censes on next Monday evening Mr McSweeney informed the Board that he had a re- quest from the DPW about adding to the 1968 Chapter 90 , the name of Spring Street, and to add Worthen Road to the 1969 request. When Lowell Street is built, to have any Spring remaining money for Spring Street We don ' t have another Street street to transfer this money to, Lowell Street is by itself for 1967 and 1968 ; this is just carrying on the 1969 request, they would like to include Spring Street Upon motion duly made and seconded , it was voted to amend the 1968 request by adding Spring Street Mr McSweeney said that he would like to transfer re- quest # I , which is on Massachusetts Avenue , to another location The State would like both of these requests by January I , 1969 The Chairman said that Chapter 616 money only can be for reconstruction , not a betterment street What streets can we assign? Mr McSweeney said that we have $55 , 000 for Worthen Road Massachusetts Avenue from Worthen Road to Route 128 we could resurface and put sidewalks in ; we always have Adams Street We have $70 ,000 between the two of them I would like to straighten out Adams Street The second result would be Worthen Road behind the Bowman School Worthen Upon motion duly made and seconded , it was voted to Road designate Worthen Road for Chapter 90 funds Mr McSweeney said that we have $35 ,000 in Chapter 679 funds He would like to resurface Massachusetts Avenue from Worthen Road to Route 128 Mr Legro asked if sidewalks come within 679 funds? Mr McSweeney replied that they do Mr Cole asked him to check it and make sure Upon motion duly made and seconded , it was voted to resurface Massachusetts Avenue from Worthen Road to Route 128 Mr McSweeney said that a request has come in for a sewer from the Americana Company Americana Mr Cole asked if Waltham had a sewer over to the Town Sewer line? Mr Greeley said that they do have the sewer but not the capacity Mr Mabee said that, assuming they had the capacity, when we re-zoned they agreed to do it The Chairman asked Mr McSweeney to talk with Mr Howe of Waltham and get his version of the story Mr Greeley asked how much more money it would cost to do it? Mr McSweeney said that it would be about $50 ,000 more It was agreed that Mr McSweeney is to talk with Mr Howe of Waltham Upon motion duly made and seconded , it was voted to sign the Certificate of Incorporation for the following Cert of Inc John Nolan 4 Grimes Road Joseph P Pemsler 6 Castle Road Lewis G Pollock 24 Partridge Road "Art and Technology , Inc " The Chairman read a letter from the Planning Board re- garding Stedman Road. The letter states that the Planning Board is in favor of laying out and constructing Stedman Road as a private way between Allen Street and lot 87. The Chairman said that this was discussed last week and we were waiting for the decision of the Planning Board. He asked the Board's feeling on the matter. Mr. Kenney said that he thought they were going to solve the problem about the single access. The Chairman asked if the Board was going to pursue the issue of a single access if we want the Articles in the Warrant? The Warrant closes December 13 and what ap- 'Stedman proach shall we take. oadMr. Greeley said that he was not unhappy about a single access if they provide an adequate opening for cars and children at Marrett Road. Mr. Mabee and Mr. Cole were in favor of double access roads. Mr. Greeley suggested that the Board ask Mr. Gray, Mr. McSweeney and Mr. Zaleski about a second access road. The Chairman said that the Planning Board wanted a pedestrian way laid out. Mr. Greeley said that they felt this was going to be a saving to the Town. The Chairman said that it was his feeling to stay out of Stedman Road. Mr. Greeley said that if we give the School Department that part, it is their responsibility. 33 Mr. Legro said that they would take it for school purposes. Mr. Kenney said that it was Mr. Legro's idea to leave Stedman alone and build a walkway. Mr. Mabee said that we, as a Board, think there ought to be two accesses; wouldn' t that change the whole picture? Mr. Greeley said that the Planning Board thinks that children would use the sidewalk; the question is whether we would close out the legal rights of the property owner? The Chairman said that if they build another access, there will be a sidewalk on both sides . Mr. Legro said that people have rights that we would take away; this was shown on a survey not accompanied by a profile. Only a long, extensive search would disclose what the rights are. The Chairman asked if this would have to be resolved for the Town Meeting? Mr. Legro said that they have to know where they are going to locate the building on the site and this will be effected by what means of access there is going to be. The Chairman asked that a meeting be set up with Mr. Taylor to go through this and tell them the Board's feeling; the majority of the Board has serious reserve- " tions on a single access and we would like an answer. The Chairman read a letter from the Planning Board regarding the Workable Program. The letter states that the Planning Board has been asked by the LCSR to prepare a Workable Program for the Town in order to obtain fed- Workable eral funds for various housing assistance programs under Program consideration by the LCSR and to request that the Town boards, committees and departments cooperate with the Planning Board by discussing the program, provide neces- sary information and take any other action needed to make the Workable Program a success. Upon motion duly made and seconded, it was voted to support the preparation of a Workable Program for Lexington. Upon motion duly made and seconded, it was voted to sign First Class Agents ' Licenses for the following: Liaenses Lawless Mawhinney Motors, Inc. , Auto Engineering, Inc. , Rowe Chevrolet, Inc. , and Lexington Auto Sales, Inc. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on Minutes November 18, 1968. I 94 The Chairman said that a letter has been received Interim from the Planning Board regarding the Interim Open Space Open and Conservation Plan for Lexington. The plan is under Space review by the Planning Board and has not been fully ap- proved or adopted. The Chairman said that he had talked with the Super- intendent of Public Works and Mr. Mazerall. Most of our trees from the Arlington line to Lexington Center will Trees have to be removed. He had asked them to come in with a program to start at the Arlington line to Lexington Center. Mr. Kenney asked about Data Processing. He said that the Article which was in the Warrant last year requested Data the Committee to come back in 1969. We have found out Proces- that to gather the necessary information to set up sys- sing Com. tams is going to take a considerable amount of time. He recommended that the Board vote to insert an Article in the Warrant to continue the Data Processing Committee for a future date. Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for the Annual Town Meet- ing to continue the Data Processing Committee for a future date. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the finan- cial interests of the Town, or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to resume the open meeting. Mr. McSweeney read a letter from the Planning Board regarding road construction costs of $50,000 on the con- struction of Worthen Road across the Bowman School land, and cost to the Town of $32,500 for the extra width of Worthen roadbed, culverts and pavement on 1430 feet of Worthen Road Road in the proposed subdivision. Also, it is antici- Sub- pated that only about one-half of the total reimbursement Division will be needed in 1969 and there should be added to this the cost of reimbursing_ the developer of Maureen Road- Emerson Road subdivision for the extra drainage and other items required by the Town in excess of the needs of the subdivision alone. The letter further states that the cost estimates for street construction were the province of the Town Engineer and the Planning Board is reluctant to furnish anything more than rough guestimates, which should be verified and refined by the Town Engineer. 95 Mr. McSweeney said that he felt the subdivider should come in with an estimate or cost and we can either agree or disagree. With the expense of exploring 25 or 30 feet, we are talking about a sizeable amount of money. We must have had six or seven meetings on this and our part is, should we participate in this and to what extent? The Chairman asked if there was enough money for that, we don't have to worry about it for the next Town Meeting. Mr. Greeley asked if we have paid the contractor? He thought the funds in the appropriation were all gone. Mr. Legro said that the additional sewer costs is coming out of the sewer appropriation. Does the Board want to ask for $16,000 or $17,000? The Chairman said that Mr. McSweeney doesn't know any of the ground rules. Mr. McSweeney said that he hasn't even met these people; we are talking about serious negotiations here. Mr. Greeley said that we asked the Planning Board and they are trying to make an honest guess. Mr. Legro said that he thought one is talking about what we need to know about a figure in the Article and Mr. McSweeney about a final figure. The Chairman said that Mr. McSweeney is saying to put $20,000 in the Article and when the street is constructed, he needs $35,000. Mr. Gray said that when the money is put in the budget, it is an estimate. Mr. Mabee said that they are going to build to your standard specifications; the only thing is, how much wider? Mr. McSweeney said that they are talking 25 or 30 feet, up to 100 feet. The Chairman said that we will agree to submit a figure of $20,000 to the Capital Expenditures Committee. Upon motion duly made and seconded, it was voted to submit the figure of $20,000 to the Capital Expenditures Committee for the Article on reimbursement to subdivisions. Upon motion duly made and seconded, it was voted to adjourn at 11:20 P.M. A true record, Attest: c , r Executive Clerk:---: =Z— Lo; lerk, Slector, o p U voit 11F �. SELECTMEN'S MEETING December 2, 1968 I A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday even- ing, December 2, 1968 at 7:30 P.M. Chairman Cataldo, Messrs. Cole, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Super- intendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Hearing was declared open upon petition of the Boston Edison Company for permission to locate 90 feet of conduit on East Street at Maureen Road. Conduit oeatiNotices of the hearing were mailed to the petitioner, owners of the property as listed on the petitioner's plan, and also filed with the Town Engineer. Mr. Pratt, representing the Boston Edison Company, was present and said that the petition was for a piece of under- ground conduit to feed the Busa Realty Trust development. The Chairman declared this portion of the hearing closed. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following underground conduit location: East Street at Maureen Road, a distance of about 90 feet - conduit. At the request of the Town Clerk, four jurors were drawn as follows: Jurors Joseph V. Romano 8 Appletree Lane George D. Dearborn 5 Hawthorne Road William H. McAlduff 15 Theresa Avenue David J. Isenberg 87 North Hancock Street Mr. Legro requested the Board to sign two leases for two small parking areas owned by the Depositors Trust Company and Harvard the Harvard Trust Company, for a one year term, for a period Trust not to exceed five years, at $1.00 a year. There is one Depositors additional determination giving the Harvard Trust Company, at De Depot any time, the right to terminate on a thirty day notice to build on the land. Mr. Greeley asked what the rights are to improve the surface on the Harvard Trust area. Il - 9 F Mr. Legro said that we have the right to use it for I a parking area and to maintain it. Mr. Gray said that it will be cleaned up, the surface fixed, and car lanes painted. Upon motion duly made and seconded, it was voted to sign the lease with the Depositors Trust Company for the rental of premises for parking, at $1.00 per year for a period not to exceed five years. Upon motion duly made and seconded, it was voted to sign the lease with the Harvard Trust Company for the rental of premises for parking, at $1.00 per year for a period not to exceed five years; with the stipulation that the Harvard Trust Company may terminate the lease, at any time, on a thirty day written notice. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone Company for the location of one hip guy and anchor at Marrett Road from a pole located on the northeasterly side, approximately 89 feet northwest of Leroy Road; and one hip guy and anchor at Marrett Road from a pole located on the northeasterly side, approximately 70 feet southeast of Wilson Road. Mr. Pratt, representing the Boston Edison Company, and Mr. Dunn, representing the New England Telephone Company were present.' Pole Mr. Dunn said that these guys are to hold the lines Location at the curvature of the road and, according to our plans, Marrett the hip guy is on the edge of the sidewalk. The abutters Road are here tonight and there seems to be a controversy over this; they say that the plans are a little off; the Edison Company made the survey and we are petitioning to place in a public way. Mr. Cole asked if these poles are necessary in order to maintain the service? Mr. Dunn said that these guys are to hold the line because of the curvature of the road; the pole is already there and these would support it; there would be an lit or 121 clearance ao that people could walk under it. Mr. Cole said that the only other way would be to hook on to someone else's property? Mr. Dunn agreed. The Chairman asked if there was anyone present in opposition. Mr. Leo Revou of 2 Leroy Place said that it was the pole that he was interested in. They show it off the line and it is on the line. I have no objection if the pole is on the line and doesntt go into my property. The Chairman said that you have no objection to the guy being on Town property. 98 Mr. Revou said that the pole is on the lot line now. It has never been moved; it was there twenty-eight years ago when I came dere. The tree and the pole are in line with one another. The Town gave me my street line. Mr. Dunn said that the plan was drawn on September 12, 1968 and sent out within the last two or three months; where the Edison Company got the designations, I don't know; all I can tell is what the plan shows. Mr. Cole asked if Mr. Revou is saying that it is on his property now? Mr. Revou said that it was not; it is on the lot line. This plan shows it off-center. The Chairman said that, aside from the lot line, will this be within the limits of the taking? The question was asked if the Telephone Company was going to take the tree down? Mr. Dunn replied that he didn't know. The Chairman said that they couldn't take the tree down without coming to the Board of Selectmen. Mr. Cole said that this is a State highway. Did surveying affect you when the State highway went in? Mr. Revou said that they didn't take on our side, it was on the other side. The Chairman asked if there was anyone else in opposition. Mrs. Ann Donovan, 675 Marrett Road, said that the pole is right at the edge of my driveway. They called me before about that and I said I didn't want the guy line. The Chairman asked Mrs. Donovan if it were moved, would it bother her? Mrs. Donovan said that it depends on where it is. Mr. Donovan said that there is no sidewalk there, so how could the guy line go over there; there is no sidewalk on either side. That is State property anyway. This pole is right down at the end of my driveway. Mr. and Mrs. Saulnier said that there is nothing definite to say until the poles are moved. The Chairman asked if the poles are located at the lot line and the hip and guys at the right-of-way, would you Still have an objection? Mr. Saulnier said that if it is stated specifically, all right; if they move the pole at the end of my driveway. The Chairman said that the Board will take the matter under advisement and let the abutters know of their decision. The abutters left the meeting. Later on in the meeting, the Chairman eked the Board to discuss the hip guy and anchors to be located on Marrett Road at Leroy Road and Wilson Road. Mr. Greeley said that we should ask that an accurate survey be submitted by the Edison Company. 99 Mr. Cole said that we should ask that the difference of opinion on the lot lines be resolved. Mr. Greeley said, and where the poles are. The Chairman said to ask the Edison Company to get the locations resolved with the neighbors and come back to us. Mr. Gray said that the Board approved, on November 13, 1968, an installation of conduit on Edison Way, subject to the recommendation of the Town Engineer that the conduit go directly from the manhole in the southeasterly direction to the east side of Edison Way and then proceed to the pole location either in the grass plot of sidewalk area or along Conduit the gutter line adjacent to the curb. The Boston Edison kcation has submitted a revised plan and it is recommended that it be accepted. Upon motion duly made and seconded, it was voted to rescind the approval, on November 13, 1968, of the petition of the Boston Edison Company to install conduit on Edison Way. Upon motion duly made and seconded, it was voted to approve the following location of conduit: Edison Way, approximately 115 feet northeast of Massachusetts Avenue, a distance of about 15 feet - conduit. Mr. McSweeney requested the Board to sign the order for a joint owned pole location at Valleyfield Street and Bridge Street, and Valleyfield Street and Grassland Street. Upon motion duly made and seconded, it was voted to approve the installation of poles at the following locations: Valleyfield Street, southeasterly side, southwesterly from a point approximately 25 feet southwest of Bridge Street, -- Eleven (11) poles. Valleyfield Street, northwesterly side, approximately 446 feet southwest of Grassland Street, -- One (1) Pole, Guy Wire and Anchor Mr. and Mrs. Tale Altman met with the Board. The Chairman .informed the Board that Mr. Altman is a resident of Marshall Road and has been working with Mr. Altman McSweeney on a sewer installation that we have to approve. Easement Mr. McSweeney showed a plan of the easement behind Mr. Altman's house. Mr. Altman said that when he had moved in seven or eight years ago, the area we are discussing was a complete swamp. The Town made it a swamp and it was obvious that 100 it would take a few thousand dollars to fix it up. We picked this house for the potential of a dead-end street; there are twenty-five acres in the background. We hired bulldozers and put in fill and actually laid irrigation pipes . It was more than just taking out boulders and grassing. After the expense of $1,000 and the labor involved, we got to the point where we Would seed. This past year, we have been talking of putting in an underground swimming pool. If the pumping station goes in, it will restrict the area for me. In addition to that, the sewers that areoing to be laid down the street, the assessment would be $1500; it would be $8.00 or $9.00 a foot. At the expense of my property, time and money, this is going in. If it was just a piece of land that could be fixed up in a matter of months, I would go along with it, but I can't go along with this; it is going to take a tremendous amount of time to get it into the state it is now. The houses in my Immediate area have mixed reactions to the sewer. Mr. Cole said that these people have been asking for a sewer. Mr. Altman said that there is a lot of indifference. A lot of the people are shocked to find out how much it costs to hook up. Mr. Cole said that we had a whole group here arguing for sewers. Mrs. Altman said that we are getting it on both sides, they will be digging up all around us. Mr. Altman said that, within the next two or three years, it could depreciate my property; there would be another swamp there. The Chairman said that it is our responsibility to put it back in condition. Mr. Altman said that we don't know what you consider reasonable, simply grass? Mr. Kenney asked if they objected to the pumping station, per se? Mrs. Altman said that it could be put along the brook. The Chairman said that he is objecting to the location to the force main. Mr. Altman said that we accepted the fact that it had to be in there, but it should be beyond the brook. Mr. McSweeney said that we alteadjrhave a drain easement; he couldn't build over the drain easement now. I have said that we would restore and keep the natural look. Mr. Altman said that the assumption is that it is just a few trees and grass to you; it means a lot of work to me. The Chairman asked if their objection would be as strenuous if the Town seeds it to the point they have seeded? Mrs. Altman said that she would like to see them go somewhere else. i(1 _� The Chairman said that you mentioned trees. Mr. McSweeney said that he would need 401 going up on the high ground; the pipe can't be bent around these trees. We told Mr. Altman that we would photograph it and put it back; he will have grass in three months. Mr. Mabee asked if he was aware of the easement? Mr. Altman said that he was. Mr. Greeley said that he didn't understand whether he was saying he preferred it at the edge of the property, destroying the trees, or you don't want it? Mr. Altman replied, we don't want it. Mr. Greeley asked what he would want, if he had a choice? Mr. Altman said that we would have to put our heads together. Mr. Mabee said that the sewer has to go in some time. Mr. McSweeney said that we have to have it, or we can't open up Woburn Street. Mr. Cole said that if he has the easement somewhere else, would that mean two easements going through his property? There would be much more land that you could do nothing on, would you prefer that? Mrs. Altman said that where you want to come through now would take much more. Mr. McSweeney said that the drain easement is 25 feet. Mr. Mabee said that the alternative would be another easement. Mr. McSweeney said that it would be a permanent easement with 10 feet on each side for construction easement or 40 feet during the construction period. Mr. Altman asked what happens if the pumping station goes in and there are problems? Mr. McSweeney said that we can go back and dredge out the drain. The Chairman asked if there was a manhole on the property? Mr. McSweeney said, not now. Mr. Cole said, if you could feel assured that the land would be put back in proper shape? Mr. Altman said that he feels that it is an invasion of his private property. The Chairman said that he had a bad experience before but it would not happen again. Mr. Altman asked if eminent domain takes precedence? The C aairman said that Town Meeting has given us the right to make the taking. Since the Board determines where the force main is going, you are entitled to damages. You are asking if you can stop us from making the taking; the best thing to do is take the lesser of the two evils. Mr. McSweeney is recommending, basically, a grassed area which we can replace versus cutting down the trees. Mr. McSweeney said that if we go behind the brook, he would have two major easements. The design is all done and we are preparing the easements; it will be finished within three months after we start; we will start in March. The Chairman said that we have to get into Woburn Street. We will discuss it with the Town Engineer and will let you know our decision. Regardless of what route we take, your property will be put back as it now is. Mr. Altman asked what happens if we agree on the back part? The Chairman said that we will look at it on the overall cost basis. It is our obligation to do what is in the best interest of the Town. Mr. and Mrs. Altman retired from the meeting. Later in the meeting, the matter was discussed again. Mr. Kenney said that we should take the location suggested by the Town Engineer, with the idea that we make a distinct promise to restore the land. Mr. Cole said that if he is going to have a 20 foot easement within a 25 foot, what are you going to do when you will be confined to a 25 foot easement. It is not going to be in a different location than it is now. The Chairman said that we have all seen the condition of the ]and when the Town went through and dredged the brook. If we guarantee him that it won't happen again,this is the only approach. Upon motion duly made and seconded, it was voted to accept the present design of the sewer on the property of Mr. Yale Altman, 10 Marshall Road, as recommended by the Town Engineer. Mr. Gray informed the Board that a letter has been received from the Commissioner of Public Welfare, requesting r Public the appointment of a citizen of Lexington to the Community Welfare Service Board. Upon motion duly made and seconded, it was voted to appoint David F. Toomey as a member of the Public Welfare Regional Board. Mr. Gray informed the Board that a letter has been received from Town Counsel regarding the ownership of a stable located on the Hennessy land. The letter states that, by an Hennessy agreement between Mrs. Hennessy and the Town, dated July 9, Stable 1962, Mrs. Hennessy was given the right to continue to use for a period of five years from July 9, 1962 the living quarters then maintained by her for a caretaker in the stable situated on the parcel acquired by the Town. The period having expired, Mrs. Hennessy no longer has that right, but the ownership of the stable remains in the Town. Mr. Gray read a letter from the Chairman of the Garrity Recreation Committee which stated that the Committee agreed Pool with the suggestion of the Board of Selectmen that the instructional pool be named the Garrity Pool. 103 Upon motion duly made and seconded, it was voted to to name the new instructional swimming pool at the Center Playground, the John J. Garrity Swimming Pool. Mr. Gray informed the Board that a letter has been received from Mr. Phillips of Vaille Avenue requesting that the Town make the necessary maintenance on Vaille Avenue pot-holes. The letter also states that the Town has a moral, if no legal, responsibility to fill the pot-holes, as the residents were led to believe that Vaille Avenue would be constructed in 1968. The Chairman said that there are two issues here; they want an answer on why these things weren't done, and do we go into an unaccepted street. It is up to us to make a decision in which direction we go. Vaille Mr. Cole said that we have no legal right to go in Avenue there and do it. Mr. Greeley said that we voted to lay it out, but haven't in fact, laid it out. He asked Mr. Legro about an order of taking. Mr. Legro said that we must adopt an order of taking within thirty days after Town Meeting. Mr. Greeley said that we must vote to lay it out again. The Chairman asked for the Board's opinion. Mr. Kenney said that he agrees that we have some responsibility on the street, but is it illegal? Mr. Legro said that it makes the Town liable for six years for any injury caused by a defect in the way. The Chairman said that, although we have some sort of moral obligation, we weren't responsible as we had all good intentions. Mr. Kenney asked how bad the street is and Mr. Gray said that it was in poor condition. Mr. Greeley said that he thinks that the moral obligation is extremely slim; we proceeded in good faith but there was too little money. We made all reasonable efforts. I wouldn't acknowledge that there is an obligation there. Mr. Mabee asked about the juncture of an accepted street, not paved and unaccepted. At the juncture, it drains back onto someone on the accepted street foundation. What is the obligation theme? Mr. Legro said that he would suspect that there would be no liability of the Town on the defect in the unaccepted portion. Mr. Cole asked what would happen if we did go in and patch and then reconstruct the street within a year. The six years would be a moot point. The Chairman said that the main reason is, going into an unaccepted at all. Upon motion duly made and seconded, it was voted that it is the policy of the Board of Selectmen that 104 the Town does not go into the repair and maintenance of unaccepted streets. The Chairman instructed Mr. Gray to prepare a letter to Mr. Phillips and inform him of the policy decision. Mr. Gray informed the Board that a letter has been received from the Americana Corporation regarding the construction of office buildings on property on Waltham Street and to request that the Town of Lexington extend Americana sewer service to their site. Their request to the Town Sewer of Waltham to hook onto their sewer lines has been denied. Mr. McSweeney said that the line would be $1941.,000 in one direction and $150,000 in the other. The recommendation is for $194,000. The approximate cost to go to Concord Avenue is $138,000 and $56,000 to go up Waltham Street. The major portions are betwben Waltham Street and the Spring Street connection near Hayden Avenue. The Chairman said that, with all of the requests in, we could go over them. Mr. Kenney asked if the Chairman was talking about a 1969 Article? The Chairman said that the approach we are going to take is that we will discuss it at budget time and will give them an answer then. Mr. Gray informed the Board that a letter had been received from the Chairman of the Historic Districts Associate Commission stating that three vacancies exist in the Members appointments for Associate Members of the Commission. Historic Mr. Gray said that nominations have been received Dist. Comm. from the Historical Society, the Library Trustees, and the Arts and Crafts Society. Upon motion duly made and seconded, it was voted to appoint Franklin G. Hudson and Mrs. Mark Moore for five year terms, expiring in 1973; S. Lawrence Whipple, fora five ' tmu from January 1, 1969 to January 1, 1974. The Chairman said that applications have been received for Common Victuallers' Licenses from 'Daniel Common Martinex and Take Home Foods of Lexington, Inc. A Viet. letter of approval has been received from the Board of Health. Upon motion duly made and seconded, it was voted to approve the issuance of a Common Victualler License to the following: Daniel Martinez, Hayden Skating Rink Take Home Foods of Lexington, Inc. 211 Massachusetts Avenue Upon motion duly made and seconded, it was voted to Auctioneer sign an Auctioneer' s License for Ralph D. Cataldo, 137 East Street. 105 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion concerning the financescf the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m. A true record, Attest: Executive Clerk, Selectme The next regular meeting of the Board of Selectmen will be held in the Selectmen's Room, Town Office Building on Monday evening, December 9, 1968 at 7:30 p.m. , '1i-.,(l Cay ,? -�-� 166 SELECTMEN'S MEETING December 9, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, December 9, 1968 at 7:30 p.m. Chairman Catlado, Messrs . Cole, Mabee, Kenney and Greeley were present. Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Workd, and Mrs . McCurdy, Executive Clerk, were also present. Mr. Gray informed the Board that a request for a transfer has been received from the Veterans' Agent in the amount of $600, due to two new recipients on the rolls, therefore necessitating an increase in expendi- Transfer tures. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Veteran' s Aid and Expensed, Ac- count #7200, in the amount of $600.00. Mr. Gray informed the Board that a request for a transfer has been received from the Town Clerk in the amount of $850, due to unforseen expenditures caused by Transfer the Special Referendum of July 1, 1968. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer from the Reserve Fund to the Town Clerk-Elections Account #1950, in the amount of $850.00. Mr. Gray read a letter from Mr. Callaghan of- the Port Authority which stated that the Public Information Manor Office of Hanscom Field had invited the Manor Road resi- Manor Residents dents to visit Hanscom Field and be briefed on the noise Residents abatement measures which have been taken. The residents had expressed their appreciation but said they were satis- fied with the action already taken. Mr. Gray said that we have acquired two new parking areas at the Depositors Trust Company and the Harvard Trust Company. It is recommended that the Parking Rules and Regulations be amended to cover these areas . Traffic Upon motion duly made and seconded, it was voted to Traffic Rules amend the Traffic Rules and Regulations, as follows: Rules To amend Article V-Parking: Section 12, Parking Meter Locations and Regulations, by adding to � (I7 ^SchedulAr4, Edison Way, 174 feet Southeasterly from Station Way. To amend Article V-Parking : Section 2, Parking Meter Locations and Prohibitions by adding to Schedule 1, Harvard Trust Company Lot, Massachu- setts Avenue, one hour parking, 9:00 a.m. to 6:00 p.m. Mr. Gray informed the Board that an additional grant has been received from the Federal Government on the Force Bedford main at Hamilton Road for $72,630, an increase of $15,120 Sewer over the original grant of $161,400. The estimated cost is $277,000 and we are receiving a considerable portion of the project in Grant and Aid. The Chairman asked if Mr. Gray had heard anything on the other application. Mr. Gray said that he had not; it is still being con- sidered by State and Federal Officials. Mr. McSweeney said that they are looking for three engineering reports and waiting for the agreement report between Lexington and Bedford. Mr. Cole informed the Board that he had talked with Mr. Jaquith regarding the Historic District Commission; Historic Mr. Graves would be willing to serve if reappointed. District Upon motion duly made and seconded, it was voted to re- appoint Mr. George E. Graves a member of the Historic Dis- trict Commission for a five year term expiring January 1, 1974. Mr. Gray informed the Board that he would like to discual; Philip Rbad. We had meetings with Judge Rowe and Jack Fein of Whitman and Howard, Mr. Crimp, Mr. Taylor of Philip the Standing School Building Committee, Mr. Cataldo, Mr. Road McSweeney and Mr. Gray . The Board wanted to find out what had happened and where the responsibility lies. Mr. Crimp stated that he absolved the Contractor on excavation and backfilling. At the last meeting, he varied it by saying that he had given instructions to the Contractor to re- move the peat and backfill with gravel. Mr. Gray said that the recommendation to the Board is that we include funds in the budget to take care of relocating and fixing the sewer. We will probably have to excavate this to find out what happened. When we do this, we will make recommendations to the Board as to what happened. The Chairman said that we came up with the approach that each one assume the liability, and the answer was, I ' Os no. Mr. Crimp said that he had no responsibility at all, which was a direct reversal. We asked the question to resolve the problem and the answer was, no, even from Mr. Taylor. They didn't want to take the responsibility and we didn' t want to take the position that it was the Con- tractor' s fault. Finally, we said that we would reconstruct Philip Road and find out where the liability stands. We felt that the only way was to dig it wide open. Mr. McSweeney will be there in the interest of the Town. Mr. Crimp now says that it was the responsibility of the Clerk of the Works. We made it quite clear that Mr. Crimp would have to be there, and Whitman and Howard. We can' t see any other way of pinning the responsibility. Involved are two Contractors, Whitman and Howard, Mr. Crimp, and the Clerk of the Works. The Chairman said that John Carroll told Whitman and Howard to remove 9,000yards of peat from the estimate and we find it may not have been removed; we are not sure. Mr. McSweeney said that we are talking about $37,000. $75,000 was tbe estimate he had made to now build Philip Road. $37,000 was deleted previously for the 9,000 yards of peat which Mr. Carroll assumed had been removed. The Chairman said that we have a $28,000 balance in the account. We want to put an Article in the Warrant to reconstruct Philip Road. Mr. McSweeney will get the results of the borings. Upon motion duly made and seconded, it was voted to in- sert an Article in the Warrant to reconstruct Philip Road. Mr. Gray informed the Board that a request has been received for the extension of the sewer line to 261 Waltham Street; there is a critical problem, heblthwise. A line can be put in from 261 to 267 Waltham Street at the inter- Sewer section of the Street; the property is between Worthen Road Sewer Line end the High School. Line Mr. McSweeney said that the estimated cost is $1800; it is on Town property. Mr. Cole asked if we have the money? Mr. Gray said that wedid; betterments will be charged. Upon motion duly made and seconded, it was voted to extend the sewer line to 261 Waltham Street. Mr. Burke requested approval of a request dor a transfer from the Reserve Fund to the Sewer Maintenance Account of $3,000. This request is to pay outstanding bills now and future bills Transfer to the end of the year. Power bills and repair costs have Transfe exceeded original estimates; due to the overload at the My1tle Street pumping station, rented pumps were required in the spring of 1968; in addition, emergency pumping repairs were required, which amounted to approximately $2600. I 0 9 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Sewer Maintenance Account No. 5700, in the amount of $3,000. Mr. Burke requested approval of a request for a transfer of $7,000 to the Road Machinery Account No. 5450. This year, there were many repairs to vehicles which were unforeseen and extraordinary, due to unexpected major Transfer breakdowns; unrepairable damage which required the pur- chase of replacement tires , which caused an over-expendi- ture of tire estimates. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Road Machinery Account No 5450, in the amount of $7,000. Mr. Gray informed the Board that he had prepared a list on the status of previous Articles and will give a monthly report. The Board had no objection to the re- port being sent to TMMA. The Chairman informed the Board that a letter had been received from the Planning Board asking us to give further consideration to the policy recommended last year on the sidewalks . We can discuss it now or when we discuss sidewalks and the budget. Side- It as agreed that Mr. Gray is to discuss the let- walks ter with the Superintendent of Public Works and the Town Engineer. The Chairman read a letter from the Planning Board regarding the Workable Program. The letter stated that the Planning Board recommends that the Selectmen insert an Article in the Warrant to authorize the creation of Housing the position of a full time or part-time Housing In- Inspector spector under the Director of Public Health. Mr. Kenney asked why he would be put under the Director, rather than the Building Inspector? The Chairman said that, because of the Housing Code, it would be a health problem. The Chairman said that we should discuss it with the Planning Board. Mr. Greeley said that we should reserve an Article in the Warrant for creation of the position. We should look at the budgetary aspect in relation to the Building Inspector and the Housing Code; he would like a clearer picture of what he is going to enforce. 110 The Chairman said that he didn' t know if the Build- ing Inspector could cover the job. It was agreed to set up an appointment with the Planning Board to discuss the matter. Upon motion duly made and seconded, it was voted to insert an Article for the creation of a position of Housing Inspector, under the Director df Public Health. The Trustees of Cary Educational Fund met with the Board. Mr. Brodhead informed the Board that he represented the Cary Trustees and, for the last several years, they have mentioned improvements for Cary Hall, particularly the stage. A year ago, we received a letter from the Lecture Committee concerning improvements to the stage. The Trustees have not had their annual meeting; however, our opinion is that this is purely a matter for the Town as far as maintenance to the hall is concerned. Mr. Brodhead asked Louise Cavalieri of the Cary Lecture Com- mittee to present their views on what ought to be done. Cary Miss Cavalieri said that improvements should be Cary Memorial made for safety reasons; the asbestos curtain has a huge Memorial Hall gap at the top, there are no safety chains on this and Hall there is a need f©r a valance. Of the eight vents, only two are in working order; many of the ropes are inade- quate and, if replaced, should be at least 3/4" heavy manila rope. There are pullies without proper clamping; this is a safety factor. The intercom is not in working order; in an emergency, the people in the basement could not be notified. All of the border lights need to be strengthened; the footlights are quite obsolete, and can prove to be dangerous for actors; we don' t have perma- mently mounted spotlights, we 1.entdthem twice last year. At the back stage you can' t be seen as the border lights are too far forward. From the projection booth, the sight lines are very poor. This should be remedied. These things are important if we are going to meet the demands for educational purposes for which the hall was intended. The Chairman asked if there was el list of the areas to be considerdd. Mr. Charles Cole said that he has a report that can be submitted. It all started when Cary Lecture had a ballet two years ago; there was severe criticism from the people putting it on. It goes back many years ago when the stage was considered theatrical but it is now used for concerts or lectures ; the acoustics are good and it is the only stage in Town with good height,you can fly the stage scenery out of sight. Mr. Pickering, Stage Consul- tant knows more than I do as he is an expert on stage rigging; he has done work for the Cary Lecture Committee. We now have a situation to use it for a hall, safety measures must be taken. In case of fire, the vents must automatically open as you would have an explosion unless you could let this super-heated air out. Mr. Pickering has been generous so that we won' t be denied the use of the hall. The report we give to you covers improvements to make it safer. It is all right for professionals, but we want to get it acceptable for outside theatrical groups and not have any hazards . The report willgive many prices and totals to $15,000; a drawing goes along with it. The only thing that remains to be done would be an Article; we still have to have specifications by Mr. Pickering. The Chairman asked if he understood correctly that Cary Lecture Committee requests the Board to insert an Article for this work? Mrs. Frick said that the Cary Lecture Committee re- lies on the Board to maintain Cary Hall. Cary Lecture Committee cannot aelk for this, the Cary Trustees would ask for the Article. Mr. Brodhead said that he had no authorization from the Trustees to request this ; Cary Lecture should do it. The Chairman said that we spend substantiafi monies under Article la.. Mr. Swartz said that the Cary Lecture Committee asks for $15,000; it might come from the Excess and De- ficiency Fund; they need $15,000. Mr. Cole said that they may not be asking offici- ally for an Article; they are asking the Selectmen who have the right to consider putting in an Article. Mr . Cole made a motion to put an Article in the Warrant. Mr. Kenney said that part of his question earlier is, we could do it under Article Li . The Chairman said that it is our policy to ac- knowledge any Committee for a request for an Article. If they are asking us, we should lood at the report and come up with a recommendation. Mr. Lincoln Cole said that this is an unusual expense and the question will be asked how many times during the course of the year would this be used for theatrical purposes? Miss Cavalieri said that it was used twice this year for theatricals and twice for Cary Lectures series. We would like to use it for Muzzey Jr. High students; there is no ball available in the spring. The Choral Society uses it and there are four programs for Cary Lecture. We found it inadequate for the last Cary Lecture. iii Mr. Charles Cole said that it is fair to say that it inhibits the Lecture Committee from putting on proper per- formances and we could expect to have larger performances. Miss Cavalieri said, of much higher quality. Mr. Eaton said that when we had the ballet, we had to climb the ladder to turn the lights on. I asked to get the light switch on stage level. The more we got into programs, when we started using that stage for other than pictures, we discovered the condition of the curtain; there are two very bad creases down the middle of the screen. Many people say we ought to do something about the screen. The Selectmen give money and we get money. It seems to me, the minute you begin to work and put on programs, you realize the wonderful facilities in this hall. In view of what the Cary family and foundation gave, it would cost a tremendous amount of money to du- plicate the facilities. We would like to do other things and can' t. To spend $15,000 would put the faci- lities in condition. The Chairman asked if they had programs from now until March to use the screen again. Mr. Eaton said that he didn't know; the streaks on the screen are terrible. Mr. Mabee said that it was mentioned that the acou- stics are very good in the hall, have you checked with the Choral Society? No singing group can sing on the stage because the sound goes straight up. You can't hear a thing fav back on stage . The only way they can sing is to knock out 200 seats; not using the great depth of the stage you say is such ab attribute.' Why not use acoustical equipment. Mr. Charles Cole said that he gave the report to the Chairman. There are still other areas. Mr. Mabee said, acoustics. Mr. Pickering said that the improvements called for nineteen new counterweight sets; legs and borders will require seven sets, leaving twelve sets for the hanging of stage shows; three more sets could be liberated by taking off the legs. The Choral Society talked about counterweights. 300 pounds were held up by 2" or 11/2" clamps, if pulled out of the floor, the baffle Would have come down on top of the chorus, They would build the baffle for $700 or $750. With this new equipment, it would add sufficient weight to handle it. The cyclo- rama is to be hung on 1" pipe. You need four spot- lights mounted on the front balcony rails. A spot- light should be used in the projection booth. The asbestos curtain doesnfit cover the height; in the 1 113 specifications, there is an abbestos valance. If this is put in, the hall will be approved for theatrical use; you have been getting away with things for years; it would be no trouble to change over for a theatre license. Mr. Lincoln Cole moved to insert an Article in the Warrant; if it is decided to do it under Article 1 , we can withdraw the Article. The Chairman asked if they understood the ground rules about inserting an Article with all information in it and asked who is going to prepare this? Mr. Lincoln Cole said that the Executive Assistant could have the Article by the 13th; the Article could be broad enough to cover everything and the motion could cover the amount. Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for the 1969 Annual Town Meeting for improvements to the stage at Cary Memorial Hall. Mr. Swatitz said that he would be glad to work on the Article. Mr. Cole informed the Board that a vacancy exists on the Town Celebrations Committee and Mr. Broderick would be willing to serve on the Committee. Appoint- Upon motion duly made and seconded, it was voted to ment appoint Mr. James Broderick a member of the Town Celebra- tions Committee to fill the unexpired term of Mr. Raymond Lewis to May 1, 1970. Chief Corr met with the Board. The Chairman asked for a report on the Cadet Program. Chief Corr said that he had authorization for two men in 1968 and he was unable to find anyone at the High School level; I did find two college men who had trans- ferred over to Criminal , accepted College, and both of them. One had not told me the truth about his marks and he was ineligible. The other is Stephen Doherty, 20 Cadet Adams Street, a student at Northeastern, who will Program be working with us through the summer of next year. The Chairman asked, there was no one from Lexington High School? Chief Corr said that the high school is following its policy of not allowing potential employers to in- terview students and I came under that category. I didn' t take it up with the School Committee as we weren't able to proceed until April 1, after Town Meeting. I would expect, next time around, we would do it. I drew up .a paper advising the SeniOrs what the program con- sists of and their were no takers at the Senior High level. [14 Mr. Greeley said that it should have been done in the fall; April is too late. Chief Corr said that same people said that it was not. Mr. Mabee said that when you say no takers, do you mean no one was interested. Chief Corr said that there was no response. Mr. Kenney asked if they would allow members of the Air Force? Chief Corr said, not to my knowledge.. Mr. Mabee asked if he was going to try again? Chief Corr replied, definitely. This bill came to an end and the Omnibus Crime Bill is taking over; it is open to anybody interested in law enforcement. I would suspect that this is the last time the Town would pay entirely for this, I expect that the Governemnt will pay later on. Nottheastern is the only college with this course, other than Mass. Bay. If the High School had accepted m0 pro- posal to talk with the students, I was going to ask Dean Sheehan of Northeastern to come out. The Chairman asked Chief Corr to comment on the letter received from Mr. Weiss Which stated his views on the loitering By-law. Chief Corr said that Mr. Weiss is wrong, particularly with respect to the Common. I would like the Board to know that we treat the Common differently than Emery Park. Loitering If he is talking about nuisnace complaints of youngsters driving around on bicycles, we are going to see that the youngsters leave the Common. We look at Emery Park a little more liberally; there are always fifteen or twenty youngsters there every afternoon. The latest order is not to remove them unless they are noisy, or littering, etc. It hasn't changed in front of Brighams; my 'people are under orders that if and when they gather together in front of the store and block the passageway, they would break them up. Mr. Greeley asked if Buckman Tavern grounds are treated like the Common or Emery Park? Chief Corr said that Buckman is included under park land. Mr. Cole said that he finds that everything the Chief says is pretty mach the way things are; Chief Corr made a particular point regarding loitering. I have talked many times at the High School and have asked them if they have been asked to move along for loitering and the answer had always been it,_was nat for loitering but always for something else. The Chief is aware of the" general things they do in these areas. 11.5 Mr. Kenney said that in talking with people, this problem has abated quite a bit . Nobody has mentioned this for months. The Chairman said that we will answer Mr. Weiss that we think the situation is such that there is no need for a change in the present program. Upon motion Aly made and seconded, it was voted to sign Common Victualler licenses for the following: Comm. Vid The Regent Delicatessen 1729 Mass . Avenue Pine Meadows Country Club Cedar Street Woodhaven Country Stores, Inc. /12)1 Marrett Road Bakeri Products, Inc. 315 Marrett Road Powder Horn Golf Course 40 Walnut Street Upon motion duly made and seconded, it was voted to ap- brpve the Minutes of the Selectmenb Meeting held on Decem- Minutes ber 2, 1968. Upon motion duly made and seconded, it was voted to approve a water abatement for Hanscom Field in the amount Abatement of $91.12, which was billed in error. The fee for club licenses was discussed and it was agreed to $250.00 per year Club Li- Upon motion duly made and seconded, it was voted to cense Fee set the fee for Club Liquor licenses at $250.00 per year. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of didcussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. After discussion concerning the finances of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:15 P.M. A true record, Attest: Ems.,. , Executive Clerk, Selecti ,.n The next regular meeting of the Board of Selectmen will be held in the Selectmen' s Room, Town Office Building, on Monday eventing, December 16, 1968 at 7:30 P.M. 9 _ l, �1,1-1P` yu' G. 4 t.� 1_ 1_b SELECTMEVS MEETING December 16, 1968 1 A regular meeting of the Board of Selectmen was held in the Selectmente Room, Town Office Building:, on Monday evening, December 16, 1968 at 7 30 P.M. Chairman Cataldo, Messrs. Cole, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs.. McCurdy, Executive Clerk, were also present. Mr. Gray inftirzned the Board that we had written to the School Committee asking them for an opinion on the Woburn St. Woburn Street and Cotton-Ashley school sites. A letter Cotton has been received from the School Committee stating that Ashley both sites could be needed in the future for school Sites buildings and it seems premature to abandon them at this time. Mr. Gray said that we will now proceed with the necessary surveys and descriptions or the land. Mr. Gray infur;med the Board that a letter bad been. written to the Trustees of Cary Memorial Hall regarding the use of the Bird Room. A letter has been received from the Trustees stating that they had voted kt their meeting of December 11, 1968 that the use of the Bird Roam or other rooms in the building for meetings would Bird not cthnstitute a violation df the deed to the Town, pro- Room vidirg the attendant coming and going of persons having business with these committees does not grow to such an extent as to interfere with the public use of the build- ing or so detract from the historical purposes indicated in the wills as to constitute a violation thereof. The letter further stated that the Trustees agreed that the public should be encouraged to make greater use of the building for purposes that are not in contradiction to the terms of the wills. Mr. Gray said that, based on the letter, this room should not be used for all types of meetings. It was agreed that Mr. Gray is to draw up rules and regulations for the use of the Bird Room and send a copy to all Boards and Commissions. Mr. Gray informed the Board that a bill has been Perry, received from Perry, Dean and Stewart for professional Dean & services in connection with a study for the proposed Stewart addition to the Town Office Building in the amount of $1500.00. 117 Upon motion duly made and seconded, it was voted to approve the payment of the bill submitted by Perry, Dean and Stewart in the amount of $1500.00. Mr. Gray said that the Town, Treasurer had asked him for information, regarding the bond for the gravity sewer at Hamilton Road. It was suggested by Bond Counsel that, Bedford in order to avoid conflict of interest, the Board desig- Sewer nate Sperry, Spofford and Thorndike. Mr. Legro was given the letter and will look into the matter. Mr Burke requested the Board to approve a transfer from the Reserve Fund to the Sanitary Land Fill Account #5850 in the amount of $4500. He said that we have had to continue the Police Detail at the Sanitary Land Fill, for payment of bills for November and December on road machinery, and additional fill is needed due to fires at Transfer the dump. Upon motion duly made and seconded, it was voted to request the Appropriation. Committee for a transfer from the Reserve Fund to the Sanitary Land Fill Account #5850, in the amount of $4500.00. Mr. McSweeney requested the Board to approve a tram- fer frau. the Reserve Fund to the Engineering Expense Ac- count #5550 in. the amount of $500.00. The Traffic Counter used by the Town was stolen and funds are requested to re- place it. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Engineering Expense Account #5550, in the amount of $500.00 Mr. McSweeney said that he has an estimate of cost for Stedman Road for $65,000, as proposed by the Architect; it includes all utilities. From Brookside Avenue to Allen Street, there are 1150 feet; the cost is approximately $55 per foot, Stedman The Chairman said that we have to appropriate $65,000. Road Mr, Greeley asked if this would help the school, on the water and sewer? Mr. McSweeney said that water and sewer are available. Mr. Mabee asked what the Planning Board recommends for a second access? Mr. Taylor asked me to attend a .meet- ing but I told him there was no point in going until we hear from the Planning Board. 118 The Chairman said that we don't know what the ming Boards recommendation will be. Upon motion duly made and seconded, it was voted to approve the following liquor licenses. Package Goods Berman' s Market 55 Mass. Avenue Liquor Zoseph Trani, Inc. 1775 Mass. Avenue Licenses Buse Bros. , Inc. 131 Mass, Avenue Vinebrook Corp. 1700 Mass. Avenue Lexington Liquor Mart 1849 MBAs. Avenue Innholder Battle Green Inn 1720 Mass. Avenue Sheraton-Lexi.gtnn 'Motor Inn 727 Marrett Road Upon. motion duly made and seconded, it was voted to sign Common Victualler licenses for the following, approval having been received from the Board of Health Hancock Market 6 No. Hancock Street Common Brewster's Inc. 913 Walthma Street Victualler Folsom' s Seafoods 184 Bedford Street Upon motion, duly made and seconded, it was voted to sign Certificate df Inco±poration for the following Cert. of Incorp. Peter Davison 193 Cedar Street D. Rao Sanadi 5 Angier Road "Boston Biomedical Research Institute, Inc. " Upon motion duly made and seconded, it was voted to Minutes approve the Minutes of the Selectmen' s Meeting held on December 9, 1968. The Qhnirmml-1 informed the Board that a latter has Civil been received from the Appropriation Committee nominating Defense Donald B. White to serve as the Appropriation Committee's Advisory representative on the Civil Defense Advisory Counoil, Committee Upon motion duly made and seconded, it was voted to appoint Mr. Donald B. White as the Appropriation Commit- tee ' s representative on the Civil Defense Advisory Council. 119 Upon motion duly made and seconded, it was voted to sign. a Class 1 Agent' s License for the Colonial Garage, 1668 Massachusetts Avenue. Upon motion duly made and seconded, it was voted to sign the deposit refund to Concrete Construction Company of Everett in, the Amount of $50.00. The Capital Expenditures Committee met with the Board to discuss budgets. The Chairman informed the Committee that a request has been received from the County Commissioners for the Board to approve the appraisals of damages on Lowell Street. Mr. Mitchell said that the total figure on sewers is $600,000, $Li.50,000 for laterals and $150,000 for trunks, it is our thinking to recommend $540,000, which is the figure previously budgeted this year. We would point out that, between June and the tall Pawn Meeting, we went well over the budget of last year' s appropriation and we would lite to bold the line this year. We show $540, 000 for 1970 and $600, 000 for 1971, to take inflation into account; last year we raised the figure we had been Capital carrying from $500,000 to $540,000. Expendi- The Chairman said 1-11 alt we have a request to put in tures 11 a trunk at the Waltham line; the property was re-zoned three years ago; we are anxious to get this area cleaned up. This year, we would like to go to $600,000 to in- clude that building. Mr. Mitchell asked, can't we carve that out? The Chairman said thatv construction-wise, taking everything into consideration, we would take issue on which piece you choose. Mr. Mitchell said that he had a question on when the zoning was discussed two or three years ago. The Chairman said that when it was discussed, Waltham was going to let us hook into their line. Mr. Mi thell said that, on the Short property, his recollection was that it was going to use its own sewer. The Chairman said that Waltham has its own problems and won't let them hook on. This trunk would service that whole area; it would finish up the Five Fields area, trunk-wise; this would be going to the pumping station at Spring Street. Mr. Mitchell said that the property on the westerly side is still R-1. 120 The Chairman said that the Star Market has bought it. I If you would give this matter serious consideration, we would appreciate it. Mr. Mitchell aaid that you had asked for $150,000 on, trunks; we could slice something off that. The Chairman said that the total figure for this whole trunk is $194, 000. Mr Blake asked how the trunk would differ if you didnit iniylude the Waltham Street area? The Chairman said that it wouldn 't. Mr. Mitchell said they didn't get a specific propo- sal as to which trunk. The Chairman said that Hayden Avenue is re-zoned] this trunk goes along Hayden Avenue and will service that area. Next year, we would have major construction on laterals and clean it up. We would like to do a sub- stantial area at one time. Mr. Mitchell asked how soon? The Chairman replied, in the spring. Mr. Mitchell said, on drains, we bs tM1 $0,000. You requested $38,000. The Chairman said that, as you know, Mr. Adams has a problem with drains and we areoing to start the Mariam Hill drainage and go as far as $11. 0,000 will allow. We will take the $40,000. II Mr. Mitchell said, $20,000 on water mains. The Chairman said that if Hayden Avenue is re-zoned, we will use it and a little more. Mr. Mitchell said that he didn't think the Committee would quibble over $20,000 or $25,000. Mr. Mitchell said that the Chapter 90 budget is 60,000. Reoonatruction and expenses, we are budgeting 135,000, combining the figures. Last year, we voted 98,500; you requested $165,000.LWe were recommending 135,000, 35 percent above the amount appropriated last year. The Chairman said that, last year, we approved $98,500; we approved four streets and, after going out to bid, we were $62,000 short; further, we approved Philip Road and we were $14,000 short. $76,000 of this year' s money for streets of last year. We feel that with the condition of the streets we want to recommend this year, we must have $165,000. Mr. Mitchell asked, how many streets? The Chairman replied, three at the moat. We ask for the increased amounts of money. These same pepOle were here last, year; we feel we should do at least a couple of II t2L_ streets this year. On priority, they are Bridge Street, Hillotest Avenue and Manley Court. If we get that money we are asking for, we would be lucky to get these three streets done. If we had a choice of which item, we would out the sewers first, we would pick streets; these three streets come to $96,500, and are in addition to the ones we had last year. We should keep some street program going. Mr. Kenney said that the Bridge Street residents were in last year and we told them we would give them priority. Mr. Mitchell asked what the ratio is on houses to vacant lots on the areas that would be paved? Mr. Cole said that we don't do vacant lents. The Chairman, said that Bridge Street-has 100 percent owners, no vacant lots. Hillcrest Avenue had seven houses when they first petitioned, no* there are thirteen. Manley Court is a short street, there are four houses on it. These are the worst streets. We have, aside from last year, $226,100; a lot of streets petitioned last year and we had to say we couldn't do them. Mr. Mitchell said that the Committee will take another look at this. On reimbursement for subdividers,' we have $10,000. The Chairman said that, because of a section of Worthen Road, which will take more than a year to do, the Planning Board is asking for $20,000. Mr. Mitchell said that $sere is no issue there. Side- walks, we are carrying $40,000, the Board requests $ 5,000. We will hold this item. Curbs, $5,000; equipment budget, $70,000; Traffic Control is $8,000, as requested. The Chairman said that the only two areas to be dis- cussed are streets and sewers. Mrs. Rawls said, sidewalks. The Chaitman said that with the coat of construction today, $45,000 would get us one sidewalk; Concord Avenue is $60,000. Mr. Blake asked how muoh of Concord Avenue? The Chairman said that it was from Waltham Street up to Route 2. We have asked the Traffic Committee to give priorities and. submit a list. Mr. Mitchell said that two others requested money for Lincoln Street. The Chairman said that the plan submitted last year had a road going into the parking lot and we have the per- manent snow dump; we would like to finish and fence it for use of the Recreation Committee. We feel that in order for I 122 the School Department to use the access road into the area, if we can make arrangements with the White Company to blast for a second lane, we would need some money to bail the peat and put a solid base in there. If the Worthen Road section at the Bowman School is constructed, we would let the contract with the terms to haul the peat and put gravel under it, good peat, gravel base and peat on top. The peat there now came from the White Company. We can stockpile there at $1.00 a yard, delivered. We had money from the Lincoln Strebt budget. These are the three areas that we are looking for some money. Mr. Mitchell said that it makes sense to him. Mr. Blake asked if any of the ledge would be of help in developing the site for the Junior High? The Chairman said that he didn't know What their schedule is. There is more than enough for what we would need. Mr. Blake said that the availability of the fill is the real reason you are pushthg ,for this. Mr. Mitchell said it is the position of the Committee that Worthen Road ought to be absorbed into Chapter 90 or street acceptances. The Chairman said he personally agreed that it should be Chapter 90 money. The Chairman said that we have a request from the School Sites to insert Stedman Road in the Warrant. We want to make it clear that we don't Want it to be part of our street program. Mr. Blake asked if it could go into the 1970 budget? The Chairman said that they have asked us to include this . Mr. Greeley said the road is the stretch of Stedman Road from in front of the school, to Brookside, to the Franklin School. Mr. Mitchell asked if it is to be vehicular or a work road? The Chairman replied it was to be vehicular. Mr. Mabee said that some of the Board think there ought to be two accessed to the Junior High. Mr. Mitchell said that the Committee has received two numbers on the Douglass property; one from the Board of Selectmen and one from the Planning Board. The Chairman said that we will get you the numbers. Mr. Mitchell said that the only other major amount id for the Town Office Building. I have been asked to make a point - we have heard considerable discussion about who ought to build the building. We would hope that the 12:3 Article would be worded flexibly enough and have it de- cided on the need, rather than get into which Committee ought to build the building. The Chairman said that, basically, any Article is drawn so that it can be amended; tonight, we are talking another issue 4 as far as money is concerned, how your Committee feels. Mr. Mitchell said that we have decided that the need for the Town Office Building is greater than the Library. We haven't finished going over it; figure on planning money of $45,000 this year, we plan on recom- mending it. Mr. Blake said, you are abandoning the idea of building a separate location for the school? The Chairman maid that the reason is, it would be $200,000 more to build new facilities for the Police. We explored every conceivable alternative; we can get much greater efficiency and better control under one roof. Mr. Greeley said that it is timing; the School De- partment isn't considering moving. Mr. Mitchell said that the timing is such that you could put the Police Station in Munroe. Sidewalks were discussed. Mr. Mitchell said that it would seem that School. sidewalks ought to have first priority; you ought to have luminary sidewalks postponed. Mr. Cole said that people on Concord Avenue don't want it any more. The Chairman said, you are recommending $45,000 on sidewalks. Mr. Mitchell said, an increase of 10 percent, taking into account the increased construction costs. Mr. Mabee asked, would your Committee consider ad- justing betterments and sewers. The Chairman said, Mr. Mabee is asking if you would budget more money. Mr. Mitchell said that we could make an argument to that effect. Mr. Kenney said that you might discuss the increased demand since we have kindergarten; we might have to have more Policewomen. Mr.. Mitchell said that one way to convince us is to show that you would actually save money. Mr. Mitchell said that it was his impression on streets and sewers, the abutters tend to be primarily requesting them, while on sidewalks, this is not so. The Chairman asked what the Capital Expenditures Com- mittee is recommending on land. I 124 Mr. Mitchell said that the report last year reaowwend- ed expanding the land,a quinition program. The Committee still feels that the arguments for it are valid. The coat of land is going up rapidly and the availability of open space land is disappearing. If you have a plan and want to aoquire, it makes sense from Capital Ra- penditures ' point of view to go out and do it. It is not clear what Conservation and the Planning Board are going to ask for this year. This is a very hard situa- tion in the face of money costs. The Chairman said, are you telling us there is no plan to proceed by? Mr. Mitchell said that we have had a verbal present- ation of what they would like to present. I assume you have seen a copy of the Conservation list. The Chairman said that he had not; you have come up with no definite recommendation. Mr. Mitchell said that the Committee has talked about $500,000. The Chairman said that it was a lot of money. Mr. Cogan said that they have reservations about the implementation of a land program of the magnitude of the last couple of years without a coordinator. I know it is not going to be done, not of this magnitude. I am some- what concerned with the increased degree of takings. You may look at judgments coming down two, three or four years, we are going to suffer for it. The Chairman agreed and said that land purchases are a problem. We want to buy land and buy it right; we haven' t bought it right, at the right price. I disagree with you on the number of takings. You know if you can't come to terms in 60 days, it could go on for four or five years. I would rather make the taking and then keep negotiating. Mr. Cogan said that he feels a parcel is appraised for a taking, it is voted in good faith, and they are so wide of the mark. Mr. Greeley said that part of what you are observing is the big gap between Town appraisals and asking prices. Requests at Town Meeting are in a general line with the appraised value. Mr. Mabee said that ten years ago the Town was buying so little land that the asking price and the appraised value were much more in line; now, we are buying so much it is driving the appraisal a little askew. Mr. Cogan said that he didn't know if it would solve the problem, but it would help if you have one person doing the negotiating, 2 _ 5 Mrs. Rawls asked if there was any such Article in the Warrant? Mr. Cole said that he felt it could be accomplished without an Article. The Planning Board met with the Board. The Chairman asked Mrs. Riffin about sidewalks. Mrs. Riffin said to increase the $1$,000 to $60,000, which is what they feel is appropriate. We have a ten year plan; there are five schedules and others to be done, Planning a cost estimate in order to have sidewalks within arterial Board and connector roads; it would take about five years to ac- complish. The Chairman said that we asked for $75,000 for your needs, our needs and the schools. Mr. Mitchell said that theirs include the schools. The Chairman asked the Capital Expenditures Committee to come back to the Board with the required answers. The Committee retired from the meeting. Mrs. Riffiu said that the Planning Board has submitted twenty-six Articles which fall into three major categories; about one-half of them are housekeeping Articles and some on zoning. Under the Planning Board Article, we have dropped the Corrazini one; the ;3rice is extremely high and we are not sure it is the best land in that area. We are not going to have any Articles for recreation purposes. Planning Re-zone Laconia Street; two Articles on the Nursing Homes, Board in response to the Town Meeting Article which requested us Articles to make a change from the present zoning; we have several Articles on Hayden Avenue. The Chairman said that we will go over the Housing Inspector on Saturday morning. Mrs. Riffin asked if the Board had reviewed the Article on the Drummer Boy land? The Chairman said that we haven' t discussed it as yet; the Board of Appeals has approved the subdivision. Mrs. Riffin said that the developer has more than twelve acres; the approved area constitutes one-half, ap- proximately 50 acres; it took two Board of Appeals hearing. We talked out the problems and are convinced that residential use is the best use. Mr. Greeley asked if the approved plan is tied in with the extension of Hartwell Avenue? Mrs. Riffin said that there would be a road that would go through from Bedford Street; it was left out as the Tratfio Study hasn' t been approved; until that intersection is redesigned, you can't make that connection. The Chairman said that it will be discussed on Saturday morning. Mr. Greeley asked about Stedman Road. I. 2 F� The Chairman said that this Board feels very strongly that there should be an access from Marrett Road for Stedman safety; it would be hazardous for people to pick up and Road drop off children in that area. Mrs. Riffin said that we went over it with Mr. Taylor; I expressed my feeling of anything to get the cars off Marrett Road. Maybe we can discuss this further. Mr. Mabee said that he had no quarrel with Stedman Road, except the cost; the cost of this building is so high; they think this is a less expensive way out and I don't think so. If we go along with the Junior High, we need another access road. The Chairman said that Mr. McSweeney has may it quite clear to them. Mr. Greeley said that he would like to leave it that the PlprnTng Board looks at this very carefully before we go to Town Meeting. The Planning Board retired from the meeting. The Conservation Commission met with the Board, The Chairman said that the Board will vote to make the Order of Taking on Whipple Hill; clear it with Engineering and Town Counsel; next time, start early enough and we will help you. Upon motion duly made and seconded, it was voted to adopt the Order of Taking for the land owned by R. Curtis Hamilton, Trustee of Locke Bros. Trust and Wendell W. Locke and Chester C. Locke, in the amount of $25,500; and the land owned by R. Curtis Hamilton and Wendell W. Locke, in the amount of $19,200. The Chairman asked Mr. Suasman what else he would need. Conservation Mr. Sussman said that he would need a copy of the Commission Order of Taking with appropriate indications that it has Whipple been recorded; he understands that this acts in effect as Hili the deed; understands that the Treasurer will have to draw a cheek. There are requests we have made to Town Counsel - a statement as to the condition of the title indicating that the title has been examined, etc. The Order of Taking when properly registered acts at! the deed. Mr. Legro said that it did not. The Chairman asked if they have everything else in order and if they know how they are going to do this? Mr. Sussman said that we will design another to go to Mr. Brownell's office. Mr. Legro asked what happens to some of the certifi- cates of compliance with certain requirements of HUD? Mr. Sussman said that HUD was not the final applica- tion for state aid. HUD has only given permission to pro- ceed without receiving approval of a federal grant first. Mr. Greeley said that the federal grant is when the price is adjudicated higher; they base their price on what is paid. Mr. Legro said that this is to assure the receipt of state funds, which is the smaller part. Mr. Sussman said that it will be 50 percent of this award. We will hand carry this to Mr. Brownell as soon as the paper is placed in our hands. If you would tell us the easiest way, we would be pleased to pick up the checks from the Town Treasurer. The Chairman iiastructed them to pick up the papers from*. Legro. The Chairman asked if the Conservation Commission is asking the Board to insert these three Articles for additional _money for the ConserVation. Fund and supplementary appropriations for Whipple Hill and 'Kingston Hor�tes? Mr. Sussman replied in the affirmative. The Chairman said that you are aski`n'g for Whip'ple Hill and we d1-scuased it and don't agree on doing this. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, delib- erating or voting on matters which, if made public, might Exec. adversely affect the public security, the financial interests Session of the Town, or the reputation of a person. After discussion involving the financial interests of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to in- sert the following Articles in the Warrant: Permanent Building Committee, with the Conservation Committee Street Acceptance of Roger Greeley Village Recreation Committee: Center Playground, two tennis courts Articles Four tennis courts to be illuminated, the development of the Harrington Playground, Valleyfield Street and Laconia Street Fire Department Generator Cemetery Department - 2 Articles ($4.,000 development of Westview. ) Data Processing Study Committee Standing Plumbing Permit Library (standard) Mystic Valley Mental Health Lexington School Committee Attorney Regional Vocational Appropriation for Conservation Committee Conservation Articles - Twelve Planning Board - 26 Articles Construction of Worthen Road Sanderson Road - Elena Road Special Article - Busa Realty Trust 2 The Chairman said that we have voted to insert the Article for the Housing Inspector. The Citizens Article on the Drummer Boy land was dis- cussed. Mr. Gray said that he had talked with Mr. Wheaton and had told him that the Article must be presented in its proper form. Drummer Mr. Greeley suggested that the Board vote to reserve Boy a space for it. Land Mr. Legro said that the Board cannot put this Article in, but could put it in as a Selectmen's Article. Upon motion duly made and seconded, it was voted not to insert the Article on the Drummer Boy land. The Chairman instructed Mr. Gray to contact Norman Fletcher and Mr. Wheaton and inform them of the Board's vote. Ask that it be put in proper form and returned to the Board on next Monday evening. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Exec. deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:05 P.M. A true record, Attest: ")7Z, 0 Executive Clerk, Selectmen y 129 SELECTMENIS MEETING December 23, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 23, 1968 at 7 30 p.m. Chairman Cataldo, Messrs. Cole, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray Executive Assistant, Mr. Burke, Superintendent of Public Works , and Mrs. McCurdy, Executive Clerk were also present. , Mr. Legro said that the Board has signed leases with the Depositors Trust Company and the Harvard Trust Company and there was a difference between the leases in that, Depoaitois with the Depositors Trust Company, the requirement was Trust & that the Town cover the liability insurance. Mr. Legro Harvard has redrawn the lease to include this and requested the trust Board to sign it; no additional vote is needed. The Board signed the lease with the Depositors Trust Company to lease land for parking purposes at $1.00 per year. Mr. Legro informed the Board that on July 4, 1968, a car struck a hydrant on Winchester Drive, damaging the hydrant and a traffic sign; the amount of damages is Legal $506.53. A copy of the bill for repairs was sent to the Issue insurance company and they had lost the file. Last Fri- day I received a notice that a release would be sent in full settlement, $292.01 on a repair cost of $506.53. There can be honest differences in the cost to repair but the Board should know what we are charging; labor, $209.58; 12° hydrant, $24.08; yard of loam; 5 hours for trucks , $15.00; lost 44,100 feet of water, $127.07 to clean up; coat to replace the sign $25.00. Ordinarily, we have very little difficulty in the settlement of hydrant claims. He showed pictures of the damage to the Board. I received the release of $292.01 with the letter of transmittal ; this was based on depreciation of parts. We said that we would bring suit, unless the Board tells me not to. The Chairman said that he had no objection to bring- ing suit; he was sure Town Counsel could handle it properly. Mr. Gray asked the Board to approve a request to the Appropriation Committee for a transfer of $3,000 to the Group Insurance Account; because of higher rates. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer $3,000 130 from the Reserve Fund to the Group Insurance Account. ' Mr. Gray informed the Board that he had received a letter from Dr. Brendler requesbing permission to lease Dr. the stable on the Hennessey property. Dr. Brendler Mr. Legro said that this land was acquired for Brendler recreation and the former owner was permitted to have rights and allow her caretaker to live there for five years. Mr. Gray was instructed to look into the matter and report back to the Board. Mr. Gray said that a letter has been received from the Town Celebrations Committee regarding the celebration April 19 of April 19 on Monday. April 19 The Chairman said that we have no alternative but to celebrate on Monday, Boston is. Mr. Adams said that he had heard that Concord is go- ing to celebrate on Saturday. The Chairman said that there is a bill before the legislature to repeal this. Upon motion duly made and seconded, it was voted to celebrate April 19 on Monday, April 21, 1969. Upon motion duly made and seconded, it was voted to sign Common Victualler Licenses for the following: Comm. Viet, Comm. Viet Pewter Pot 1710 Mass. Avenue Buttrick's 34 Bedford Street Minute Man Restaurant 1715 Mass. Avenue Wardrobe Pharmacy 807 Mass. Avenue Howard Johnson's Route 128 Brighams 1771 Mass. Avenue Upon motion duly made and seconded, it was voted to certify the characters of the following, who have applied fqr Certificates of Incorporation: Constance A. and Gordon C. Lawson 362 .Emerson Road "The Satya Community School, Inc. " Herbert S. Kassman 5 Stonewall Road "Metropolitan C#ltural Alliance, Inc." Upon motion duly made and seconded, it was voted to approve the amounts of indemnity for bonds of the Treasurer, Bonds Clerk and Collector of Taxes as follows: Bonds 1 Paul G. Yewell Treasurer $103,100 Mary R. McDonough Clerk 104,500 Doris Barclay Tax Collector 2,000 The Chairman read a letter from the ABC regarding liquor regulations for Christmas and New Year' sdday. Upon motion duly made and seconded, it was voted to ABC inform the Package Goods Stores to remain closed on Christ- mas and New Year's Day; Motels and Clubs may serve during the regular hours. It was agreed to write a letter to the Package Goods Stores requesting that they inform the Board on how they want to operate. The Chairman read a letter Som J. C. Dwyer submitt- ing three names of students for appointment to the Lexing- LCSR ton Commission on Suburban Responsibility. The Chairman read a letter of resignation frim Anthony Sperduto as a member of theTown Celebrations Committee. Mr. Sperduto stated that he would save until a replacement Resignatic is appointed. Upon motion duly made and seconded, it was voted to accept the resignation of Anthony Sperduto from the Town II Celebrations Committee. Mr. Frank Totman met with the Board. He said that helms been talking with Arlington on the bid proposal re- quests for the Great Meadows. He presented the Board with Great a copy of the recommendations to be considered and said Meadows that the same proposal will be submitted to Arlington on next Monday evening. There are eight contractors who have expressed an interest in working on this but we don't want to limit the list to those already on the list. Arlington has made some sort of title search, and he asked Town Counsel if he would like a copy of it? Mr. Legro replied that he would; there ought to be one in the Arlington Great Meadows file. The Chairman asked what Mr. Totman was looking for as a schedule? Mr. Totman replied that February 15 was the date for a preliminary report in order to tell Town Meeting how they progressed. It may be the end of January when the contract is awarded. Mr. Kenney asked if it would be a joint award with Arlington? Mr. Legro said that he didn't know how far Arlington will go to judge the determinations. The Board agreed to set up a meeting and go over the ' proposals on Great Meadows. Mr. Tatman retired from the meeting. 132 Upon motion duly made and seconded it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the finan- cial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was agreed to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 55 P.M. A true record, Attest: Executive Clerk, Selectmen c L SELECTMEN'S MEETING December 30, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 30, 1968 at 7:30 P.M. Chairman Cataldo, Messrs. Cole, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel; Mr. Gray, Executive Assistant; Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer, and Mrs. MeCurdy, Executive Clerk, were also present. At the request of the Town Clerk, four jurors were drawn as follows James B. Mantineo 11 Cottage Street Leonard Levine 21 Lillian Road Jurors Charles E. Woodward 51 Bertwell Road John F. Frazier 50 Hillcrest Avenue Mr. Joseph Vitale, Manager of the Sons of Italy, met with the Board. The Chairman said that a duly advertised ' hearing for the Lexington Lodge of the Sons of Italy was to be held tonight. A requirement of the statute is that Sons of abutters- were to be notified and they were not. A date Italy for a new hearing will be set and will be advertised in the newspaper. A notice must be sent to the abutters within three days of the publication. Mr. Vitale retired from the meeting. The Chairman said that the Board has been asked to approve a request to the Appropriation Committee for a transfer of $8800 to the Municipal Property Insurance Account #1750. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $8800 from the Reserve Fund to the Municipal Property Insurance Account #1750. The Chairman informed the Board that he had talked to Mr. Hamilton about the discrepancy in the description in the Artiele that had been submitted. Mr. Hamilton is asking that the original Article be withdrawn and a new Hamilton Article to be considered. Article Upon motion duly made and seconded, it was voted to withdraw the original Article submitted by Mr. Hamilton and to accept the new Article. The signatures on the new Article are to be the same as on the original Article. 134 Mr. Burke informed the Board that he would like to re-classify an employee from Grade W-2-C to Grade W-3-D at $2.90 an hour; he is presently making $2.68 an hour. As a heavy duty operator at W-3-D, he would not get the Public next step until October. Work Mr. Greeley said that it could be approved, with Etnployee the understanding that this man is not to get another jump on April 1; not until October. Upon motion duly made and seconded, it was voted to authorize Mr. Burke to re-classify an employee from Grade W-2-C to Grade W-3-D. The Chairman read a letter from the Town Clerk, re- questing the elimination of precinct registrations prior Clerk to the Annual Town election. Upon motion duly made and seconded, .it was voted to approve the recommendation of the Town Clerk to eliminate precinct registrations prior to Town elections. Upon motion duly made and seconded, it was voted to sign Common Victualler Licenses for the following: Common Victualler Village Variety 93 Massachusetts Avenue Anthony's Restaurant 27 Waltham Street Geoffroy's Pharmacy 411 Waltham Street Upon motion duly made and seconded, it was voted to Appoint- appoint James Lambie a member of the Board of Health.to ment fill the unexpired term of Rufus McQuillan to June 1, 1971. The Chairman read a letter from the Minute Man Na- tional Park Advisory Commission, requesting that plans be formulated for the celebration of the Bicentennial of the 19th of April, 1775. It was agreed to write to the Commission that a Joint meeting will be held with the Minute Man Council Liaison Committee and the Town Celebrations Committee to discuss Bieenten- the Bicentennial and they will be advised as soon as the nial recommendations have been submitted to the Board of Se- lectmen. Later on in the meeting, the Board discussed the celebration of April 19. Upon motion duly made and seconded, it was voted to rescind the vote to celebrate on Monday, April 21, 1969. The matter is to be brought up for reconsideration next Monday evening. Upon motion duly made and seconded, it was vot4d to LCRS appoint Barbara Lundberg, 139 Worthen Road, a member of the Lexington Commission on Suburban Responsibility, representing the youth of Lexington. 15 The Chairman read a letter from the County Commis- Reloca- sions informing the Board of the approval of the relocation tion of of Lowell Street. Lowell St. The Chairman informed the Board that he would like to discuss the Boston Edison Company in relation to the last storm. Things didn't go as they should have and we should get them in here and discuss the matter with them. Chief Corr had called him at 11 30 P.M. and reported that there had been no power since 7:30 P.M. and he had been unable to get through to the Edison Company. Mr. Kenney said that there is only one published, Boston listed number and they refuse to answer that number; they Edison should have an unlisted number. Mr. Cataldo said that Chief Corr had an unlisted number and they refused to answer that, too. The Board agreed to meet with Mr. Jones of the Boston Edison Company and Chief Corr on next Monday evening. The Rules and Regulations for Club Licenses were dis- cussed and it was agreed that they would be discussed with Club Town Counsel on next Monday evening. Licenses Upon motion duly made and seconded, it was voted to adjourn at 8: 18 P.M. A true record Attest: Executive Clerk, Selectmen / \ i"\13-5-/-1