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HomeMy WebLinkAbout1977-06-27-BOS-min 1)9 S H;I,ECTMEN'S MEETING June 27, 1977 A regular meeting of the Board of Selectmen was held in the Se- lectmen's Meeting Room, Town Office Building, on Monday, June 27, 1977, at 7 30 p m Chairman Battin, Messrs Busa and Kent and Mrs Miley; Mr Hutchinson, Town Manager, Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mr Martin Assistant Town Engineer; Miss Casey, Principal Clerk were present The Chairman read a request from Mr Arthur Berner, 54 Gleason Block Road for permission for the residents of Gleason Road to hold a Block Party Party on July 3, 1977 with a rain date of July 4, between Simonds and Fuller Roads from 2 00 p.m until 11 00 p.m Upon motion duly made and seconded, it was voted to grant per- mission to the residents of Gleason Road to hold a Block Party on July 3, 1977 with a rain date of July 4, between Simonds and Fuller Roads from 2 00 p.m until 11 00 p.m subject to the regulations of the Town Manager and the Police Department The Chairman informed the Board that the Town Clerk had requested Certification the certification of the number of ballots cast on election June 21, of ballots 1977 Mr Busa questioned whether or not the Board can certify votes June 21, 1977 that it did not count Mrs Battin called on Town Counsel for his advice who stated that the Town Clerk has to attest the document and, therefore, saw no objection to the certification by the Board Upon motion duly made and seconded, it was voted to certify the number of ballots cast on the election of June 21, 1977 as 2,626 ballots The Chairman read a request from the Director of Public Works/ Sidewalk Engineering to have the Board sign the Sidewalk Construction Contract Construction #77-2-E previously awarded at a Board of Selectmen's meeting of May Contract 31, 1977 to LiDonni, Inc , Newtonville, Massachusetts for sidewalk #77-2-E construction in the amount of $32,790 00 The authority for the LiDonni, Inc contract is contained in Article 19, of 1975 Sidewalk Construction, Account #5400 Highway Maintainance F Y '77, Account #5400 Highway Maintenance F Y '78 Upon motion duly made and seconded, it was voted to sign the Sidewalk Construction Contract #77-2-E, previously approved by Town Counsel, to LiDonni, Inc , Newtonville, Massachusetts in the amount of $32,790 00 In response for their recommendations relative to a request by Tax Title Dean Curtin to purchase Tax Title Property 184 ert Assessors Map, Lot , Lot 184 the Chairman read a reply by the Lexington Housing Authority stating Map 72 that at its meeting of June 21, the Authority voted to negotiate with the owner of Lot 185 (Dean Curtin) for the purchase of same The Authority requests the assurance of the Board of Selectmen that the 510 Selectmen's Meeting June 27, 1977 Town owned lot 184 would be conveyed to the Authority if they are successful in purchasing Lot 185 Upon motion duly made and seconded, it was voted to give assurance to the Lexington Housing Authority to convey Lot 184 to them should they be successful in purchasing Lot 185 Lions Club The Chairman informed the Board that the licenses for Public Licenses Entertainment on the Lord's Day for the Lions Club Carnival on July 3, 1977 had been received in the Selectmen's Office and required the signature of the Chairman Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Licenses for Public Entertainment on the Lord's Day for the Lions Club Carnival on July 3, 1977 Cary Library The Chairman read a letter from Mr Robert Hilton, Director, Cary Parking Lot Library for permission to use the parking lot behind the library for a Pet Show, Square Dance, Star Party and Chalk-in Upon motion duly made and seconded, it was voted to grant per- mission to Mr Robert Hilton, Director, Cary Library for the following August 4 12-4 P.M Pet Show (rain date, August 11) August 9 3-6 P.M Square Dance (rain date, August 16) August 22 8-10 P.M Star Party August 23 9-11 A.M. Chalk in One day Mrs Battin informed the Board that the request from the Perfection Liquor Food Service, Inc for a One Day Liquor License for June 30 had been License withdrawn Moon Hill Mr Martin, Assistant Town Engineer, met with the Board to dis- Sewer cuss the Moon Hill Road Area Sewer Projects and request the Board to rescind their vote of June 7, 1976 of an intent to acquire certain sewer easements off Moon Hill Road on the plan entitled "Plan of Sewer Ease- ment from Moon Hill Road to Birdhill Road" dated June 7, 1977 and "Moon Hill Road to Davis Road Sewer Easement" dated May 15, 1977 The vote of June 7, 1976 was the result of an informational meeting held May 6, 1976, attended by area residents as well as members of the Board He explained that the Town is proceeding with the preparation of a Federal Grant Application for 90% funding for this project as well as , the Crescent Road area sewer project and that the grant applications must be received by the Massachusetts Division of Water Pollution by July 15, 1977 for processing He explained that the "eleventh hour" situation the Town is in regarding Federal funding for these projects was due in 51 Selectmen's Meeting June 27, 1977 large measure to the confusion g nfus on at the State level when eligibility re- quirements were expanded to include collection systems in order not to lose the Massachusetts allotment of Water Pollution Control funds which are due to expire at the end of the current Federal Fiscal Year At the present time, the question of funding is still not sufficiently clear, but it appears that Lexington has a reasonably good chance of receiving a grant On June 3, 1977, a letter was sent to the Moon Hill Road residents, with copies to the Board and Town Manager, informing them of the status of the project and the Town's intent to proceed with the application for the grant There was negative response from the Moon Hill Road area residents At issue, is the question of whether the originally recommended solution is best for the neighbors, or some alternative solution This evolves into questions of environmental damage, service connection costs for the abutter, construction methods, damages arising out of the taking and neighborhood access, among other side issues The original proposal through the easement would accom- plish several objectives, both to the benefit of the neighborhood and the Town as follows 1 Elimination of an 18 ft ledge cut at approximately the mid- point of Moon Hill Road, this facilitating the flow of traffic through this point 2 Provide for the gravity connection of all houses within the project locus at the lowest possible connection cost to the abutters 3 Maximize the ease of construction, thereby decreasing the duration of contract Mr Martin stated that after reviewing the correspondence from the four homeowners most directly affected, and considering all of the various other factors, he recommends that the easement route be deleted He presented and explained an alternate design which the Engineering De- partment feels is more desirable for the following reasons 1 It eliminates the need for any eminent domain proceedings It is becoming increasingly clear that proceeding with any takings in the area would further alienate the neighborhood and result in legal proceeding ultimately costing the Town a great deal more, both in time and money, then could be justified 2 It minimizes environmental concerns by eliminating the necessity to disturb "green areas" and to remove trees, shrubs and ornamental vegetation If the easement route were to be pursued, the neighborhood might insist upon a full environmental impact statement as opposed to the "negative declaration" that is presently being sought If the Secretary of Environmental Affairs were to order a full impact statement, the preparation time would be such that deadlines could not be met and the potential for Federal Aid eliminated 111 3 Functionally, it accomplishes the same aims and objectives 512 Selectmen's Meeting June 27, 1977 of the original design for all but four of the 60 plus g g homes serviced by this proposal The abutters may connect to the proposed sewer by gravity connections outletting be- low the cellar floor The four homes that would not now meet this criteria could service any facilities above the foundation sill elevation by gravity, any lower level facilities would require pumping These four families would have been serviced below the cellar floor under the original porposal at a significantly lower service connec- tion cost 4 These four families have indicated that they have no need or desire to connect to a municipal sewer, and at least one has indicated that pumping is a more preferential solution for them 5 The recommended revisions will reduce the total contract price by approximately $9,000 00 Mr Martin stated that there is no land acquitition in this part of the project except a small piece down Summit Road that is part of a paper street and some on Crescent Road project Mr Hutchinson stated that the hope is that no one is going to come forward and stop this project through some form of litigation or appeal to the Department of Environ- mental Protection but one cannot be absolutely sure A hearing is being conducted on July 13 similar to the one held on May 6 -- informational meeting plus a hearing Mr McSweeney explained to the Board that the111 neighborhood has always been in agreement with this plan The May 6 meeting was at the request of the neighbors to satisfy their desires to be severed and, actually, the Town is benefiting them in service cost of several hundred dollars vs two or three thousand dollars for service and the requirement that they would all have to pump also means that they will not be assessed a betterment Mr Martin pointed out that the original route is not permanently eliminated, that at some future point in time, if the attitude of the neighborhood changes and it is the desire of the Town to do so, it can be constructed at a later date After further discussion, the Board agreed to rescind the vote taken on June 7, 1976 Upon motion duly made and seconded, it was voted to rescind the vote for the intent to take permanent and temporary easements for the Moon Hill Area Sewer Project CATV Mr William R Page, Chairman, of the Advisory Committee on Cable ' Mr Page Television and Cable Communications met with the Board to discuss the following 1 Hear the results of the Committee's re-evaluation of owner- ship and operation options 2 Act on a proposal that they do a preliminary investigation of the possibility of forming a Lexington non-profit community access center 3 Act on a proposal that the Cable Committee informally explore 51 3 Selectmen's Meeting June 27, 1977 interest among private operations in considering the possi- bility of installing and operating a Cable TV system for Lexington Assuming this could be done informally without triggering the formal, State mandated licensing process He explained that since the November 8 report the Committee has re- assessed its evaluation, taking into account developments which have occurred in other towns The chief ingredient of these developments has been the formation of local community access centers as non-profit corp- orations to stimulate and facilitate community use of the access channels (for local programming) mandated by the Federal Communications Commis- sion. With the new development of the formation of local community access centers as non-profit corporations to stimulate and facilitate community use of the access channels it appears that such a center could probably operate successfully under either private or municipal ownership and operation The Committee now feels that either private or municipal ownership would be suitable for Lexington Secondly, the Committee asked for permission to do some preliminary investigation of the feasibility of forming a Lexington non-profit access center There was some question raised as to whether or not contacting private organi- zations would trigger the licensing mechanism The Board recommended that the Committee discuss the problem with Mr Bailey in consultation with Town Counsel and the Committee agreed to take the initiative in this respect Mr Busa raised the question as to whether or not Lexington really needs Cable Television After further discussion, the Board indicated their willingness to have the Committee proceed with their studies as outlined in their presentation Mr Page, Mr Shapiro and Mr Ward, who accompanied Mr Page re- tired from the meeting The Board discussed the Traffic Safety Committee report of June Traffic 15 relative to the traffic problems on Marrett Road in the vicinity Minute-Man of the Minute-Man School driveway Mrs Battin referred to Commis- School sioner Carroll's letter of April 26 to Mr Michele G Lombardo, Treasurer of the Minute-Man School in response to his letters of March 9 and April 13 to Commissioner Carroll regarding the traffic light problem Mr Carroll pointed out in his letter that there ap- pears to be a problem as to ownership in that the agreement that the Department has with the Town of Lexington states that "Upon comple- tion of the installation of said traffic control signals and appur- tenances to the satisfaction of the Department, title to said signals and appurtenances shall vest with the Department and the Department shall thereafter maintain said signals and appurtenances as installed, including the cost thereof " Mr Carroll pointed out that the traffic control signals have not been accepted by the Department He recom- mended that the Town of Lexington take the necessary action to replace the light standard and repair the control equipment and then arrange 514 Selectmen's Meeting June 27, 1977 a meetingwith allparties concerned to resolve anyfurther problems relating to the matter As a result of this suggestion, the Traffic Safety Committee met on June 15 and submitted its report At its meeting of June 15, 1977, the Traffic Safety Committee met with the following people to discuss traffic problems on Marrett Road (Rte 2A) in the vicinity of the Minute-Man School driveway Mr Alfred D Laing, Mass D P W Mr John Greenwood, Sheraton - Lexington Mr Joseph Belcastro, Mass D P W Mr James E Morris, Mass D P W Ms Ruth W Wales, MM Reg V-T School Committee Mr Renzol Ricciuti, MM Reg V-T School Mr Charles E Wiggin, Spaulding & Slye Mr George C Whelan, Honeywell It was noted that despite the problems experienced at the school entrance, the abuttors with existing facilities, namely Honeywell and the Sheraton, were not experiencing any particular problems After much discussion in this regard, it was agreed that all parties would be willing to co-operate in working toward an upgrading of traffic in the area It was also agreed that the first step in improving the situation is the commissioning of a traffic engineering consultant to perform an indepth study of the area, including making specific recommendations and cost estimates The next question which was addressed concerned who should request various consultants to submit proposals for performing the study Con- siderable discussion yielded the conclusion that, since the entire matter was brought up by the school, it was incumbent upon the school, with technical aid from Massachusetts Department of Public Works and Lexington D P W /Engineering, to request proposals for the study It was further decided that the percentage of dollar participation in the study cost of each abuttor would be determined at another joint meeting, after the proposals have been received It is the Committee's feeling that we are finally proceeding in a positive direction on this matter It appears that the School Committee, at least in part, now realizes that the situation is a school problem and, even though they may rely on the Town for direction and technical assistance, that the trust behind solving the problem solving the prob- lem must come from the school One other very important point which was discussed was the need for a second access to the school Both the school and the Town believe that J5-1 5 Selectmen's Meeting June 27, 1977 provision for a second access is a crucial part in any solution to the traffic problems, and we will make certain it will be addressed in the traffic study As no sweeping changes which will improve the situation in the near future are likely, it was additionally agreed that the Police and Fire Department would meet with the school to work out interim measures which will hopefully ease the difficulties now being experienced Those in attendance were John J McSweeney, Chairman Chief Corr, Member Kenneth Briggs, Member Peter Chalpin, Member John Blackwell, Member Elaine Dratch, Member Mrs Battin read the report and complimented Mr McSweeney and the Committee for conducting such a comprehensive meeting and stated that a copy of the report would be sent to Mr Carroll The Town Manager submitted the names of the following people to be Council on appointed to the Council on Aging to be effective when the By-Law Aging change has been approved by the Attorney General Appointments Name Term William Sen 1980 Frayda Cooper 1980 Christina Miller 1979 Roy Weinstein 1979 John Carlson 1980 Steven Clark 1978 Anna Jackson (reappointment) 1980 Also submitted was the name of Norma Bogen to be appointed to the Historical Historical Commission Commission Upon motion duly made and seconded, it was voted to approve the Appointment list of people submitted for appointments to the Council on Aging and the Historical Commission The Town Manager brought the Board up-to-date regarding the con- Sanitary ference held on June 6 at the Northeast Regional Office of the De- Landfill partment of Environmental Quality Engineering relative to the con- tinued operation of the Hartwell Avenue Sanitary Landfill The follow- ing order was received from Thomas McLoughlin, Regional Environmental Engineer 1 Within 45 days of receipt of this ORDER, submit to the .516 Selectmen's Meeting June 27, 1977 Regional Office both Department through the Northeast Re g preliminary operational and closure plans and a report on the leachate study 2 Within 90 days from the receipt of this ORDER submit to the Department through the Northeast Regional Office, final operational and closure plans for the facility and an alternate method for solid waste disposal 3 On or before January 1, 1978, submit a final plan for the reduction, elimination, treatment, or control of leachate Mr Hutchinson stated that we are now in the process of changing the method of operation at the landfill and he is now negotiating with Whitman and Howard for a fee concerning the preparation of the plans He stated that the Town is conforming with the order from the Regional Environmental Engineer and, generally, things are going better at the landfill He stated that the acquisition of a chipper, requested by Mr McSweeney, would be another step in the right direc- tion Petty Cash The Town Manager requested the authorization of the Board of Se- Fund lectmen for the establishment of a Petty Cash Fund in the amount of $200 00 to be used for small and/or emergency purchases authorized by the Town Manager This fund would be set up consistent with the Comptroller's outline that was submitted to the Selectmen Specific cost allocation and replenishment of the fund to be made periodically and on the last day of the fiscal year, in accordance with the Common- wealth of Massachusetts Bureau of Accounts Regulations After discussion wherein it was established that each item would be accounted for in a book in the Comptroller's Office and payment would be made by filling out a voucher It was also brought out that the Appropriation Committee should be notified, the Board agreed to the establishment of a Petty Cash Fund Upon motion duly made and seconded, it was voted to establish a Petty Cash Fund in the amount of $200 00 to be used for small and/or emergency purchases authorized by the Town Manager Frink Mr Hutchinson read a letter from Mr McSweeney relative to un- Dump Body expended balances as of May 31, 1977 of the Road Machinery accounts Sanders for the years 1974, 75, 76 under Article 24 showing a total unexpended balance of $12,429 22 All equipment authorized under the articles has been acquired The Comptroller is requesting notification by July 6 as to whether or not all or part of these balances can be transferred into the Excess and Deficiency Account Mr McSweeney is requesting the Town Manager and the Board of Selectmen to con- sider two requests prior to transferring funds into the E & D account The first request is in connection with the payment of $1,336 56 to Taylor & Lloyd, Inc , 8 Railroad Avenue, Bedford for an additional price increase in the amount of 7 3% for two Frink Dump Body Sanders This represents an amount of $1,336 56 which was due to a body price 517 Selectmen's Meeting June 27, 1977 increase on the body equipment e ment included in the bid Item 2 of the P bid specified that Taylor & Lloyd, Inc could not guarantee the price on the body equipment and they would make available to the Town their invoices and charge the Town at their cost The Board questioned whether or not the Town had a legal obligation to pay this amount under the terms of the contract Mr McSweeney stated that there was an agreement of understanding between the Town and the contractor The bid came in at a time when no one was guaranteeing the prices on the manufacture of the steel on the bodies Mr Busa questioned as to whether or not all the bidders had the same option when the bids were submitted Mr McSweeney stated that they did Mr Hutchinson pointed out that in Item #2 of the bid it stated that the equipment supplied by others cannot be price guaranteed beyond January 1, 1975 and the contractor would make invoices available to the Tnwn He felt that was the way the bid was awarded and the Town was respon- sible for the extra cost and the bid was awarded consistent with what was proposed Mr Busa moved to authorize the Chairman to act in behalf of the Board through the Town Manager and Town Counsel to authorize such payment if there is a contractual obligation Upon motion duly made and seconded, it was voted to authorize Mrs Battin, Chairman of the Bnard of Selectmen, to act in behalf of the Board through the Town Manager and Town Counsel to authorize payment of $1,336 56 to Taylor & Lloyd, Inc if there is a contractual obligation relative to the purchase of two Frink Dump Body Sanders The second request of Mr McSweeney was authorization for the purchase of a 12" Brush Chipper for use at the Sanitary Landfill, approximate cost $8,000 Bids are being solicited with a current opening bid date of June 28 at 10 00 a.m No money was appropriated for the acquisition of a Chipper but the Town Manager said that the Board does have the right to acquire equipment by utilizing the unexpended balances of these accounts He pointed out that some of the money is from the General Revenue Sharing and that there are hearing requirements under the General Revenue Sharing Town Counsel pointed out that the money appropriated by Town Meeting specified certain pieces of equipment and a Chipper was not specified Mr Hutchinson pointed out that at the time of Town Meeting, we were not aware that a chipper would be needed, but that it was now being mandated by the State and to wait until the 1978 Town Meeting would put us in areas on the landfill Mrs Miley pointed out that there may be a special Town Meeting in the fall and that it could be brought up then Mr Hutchinson pointed out that it is very expen- sive to rent the chipper that is now at the landfill and it is possi- ble that the rental would expend the amount required to purchase one He stated that he had informed the State that the Town was in the process of acquiring a chipper for the landfill The Town Manager asked Mr McSweeney if he had ever came before the Board for additional equipment before Mr McSweeney stated that he only comes for equip- ' ment for nnney has been appropriated, but he felt that, as all the Board had been to the hearing regarding the landfill, that this was 513, Selectmen's Meeting June 27, 1977 an extraordinarycase and that the equipment was necessary in keeping g the landfill open He felt that the Appropriation Committee should be contacted regarding this purchase He stated that if the Board was in agreement with the purchase, the money could be carried over and discuss with the Appropriation Committee and Capital Expenditures Committee The Board to discuss further on July 11 Upon motion duly made and seconded, it was voted to authorize Mr McSweeney to purchase a Chipper for the Sanitary Landfill and to carry over $8,000 for such purchase This will leave an approximate balance of $3,100 return to E & D from the original amount of $12,429 22 Taxi Mr Cohen referred tc the recent changes in the rates or fares Rates in the Rules and Regulations Governing Hackney Carriages, Taxicabs, and Other Public Vehicles for the Carrying of Passengers for Hire and suggested that Item VIb be reworded regarding trips out of Town Upon motion duly made and seconded, it was voted to reword the amendment to the Town of Lexington Rules and Regulations Governing Hackney Carriages, Taxicabs, and Other Public Vehicles for the Carry- ing of Passengers for Hire effective July 15, 1977 as follows VI RATES OR FARES METERS b For trips out of the Town, a reasonable rate may be charged in lieu of a metered amount A driver shall state the rate to be charged for such a trip to a prospective passenger before initiating the same Executive Upon motion duly made and seconded, it was voted 5-0 by roll call Session vote to go into Executive Session for the purpose of discussing strategy with respect to litigation and collective bargaining After discussion, it was voted to go out of Executive Session and adjourn Upon motion duly made and seconded, it was voted to adjourn at 1000 p m A true record, Attest f Principal Clerk, Selectmen V I