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HomeMy WebLinkAbout1976-04-07-BOS-min 5 1 III SPECIAL SELECTMEN'S MEETING April 7, 1976 A special meting of the Board of Selectmen was held in the Select- men's Meeting Roof, Town Office Building, on Wednesday, April 7, 1976, at 7 00 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Dir- ector of Public Wcrks/Engineering; Mrs McCurdy, Executive Clerk, were present The Board agreed to participate in the April 19 morning parade at April 19 7 30 a.m. Chairman Kessler is to read the Proclamation afterwards at the Parade ceremony on the Bthe Green Upon motion c.uly made and seconded, it was voted to approve the re- April 18 II quest of the Girl Scout Drum and Bugle Corps for the use of the Battle Battle Green on Sunday, P.'pril 18, and to grant a parade permit from St Brigid's Green Church to the Battle Green at 3 30 p.m and return at 4 00 p m. Upon motion duly made and seconded, it was voted to grant a parade May 1 permit to Lexington Baseball Association on Saturday, May 1, 1976, at Parade 1 00 p m. from Muazey Junior High to the Center Playground, under the Permit 1 III supervision of Chief Corr The Board agreed to participate if the Fiske Hill ceremony is sched- Fiske Hill uled for April 10, 1976 Upon motion euly made and seconded, it was voted to approve the Minutes 1 minutes of Selectmen's meetings of November 24 and December 1, 1975; March 24, 1976 Mr O'Connell and the Board discussed Article 32-Replacement of the Art 32- Battle Green flagpole with Mr Richard Michelson of Bicentennial Corp Battle Mr O'Connell The only action needed tonight is for the Board to Green confirm the intent of Article 32 and to accept the gift of the Bicenten- Flagpole - nial under the motion drawn by Mr Cohen Final determination of the Bicentenn material is to be made by the Board Then, as rapidly as possible, to Corp get permission of the Historic Districts Commission to approve the change in material; to o tain confirmation of adequacy of structure design from the structural en ineering consultant; to place the contract; implementa- tion of the proje t I am suggesting that DPW/Engineering is the most appropriate one t handle contract administration and project supervision, with an arrangement for payment by the Bicentennial Corporation We have estimated $30,000 - $23,750 for either steel or fibreglass pole; $1,500 for new foundation, if needed; $25,250 for total cost in- ' stalled in new foundation; $500 for structural evaluation of pole design; up to $1,000 for cost of memorial plaque; $3,250 for contingencies 5`2 Special Selectmen's Meeting April 7, 1976 Everyone would like to see the flagpole in place by July 4 but, if it is not feasible, we should not take improper risks If we have difficulty with the choice, and we are not able to make it by July 4, we recommend that the selection govern, and suitability date be the second choice. It is the Board' s decision tonight Mr Bailey Point of clarification - are you saying that the Board will function as the awarding authority and work out an arrangement for payment, and DPW/Engineering handle the project? On what basis can the Board award? By Town Meeting vote? Do we have authority to spend money by July 1? Mr Cohen It is a gift Mr Bailey So we are within a legal frame? Mr Cohen Yes Mr O'Connell There is nothing in the Article to restrict the Board from being the awarding authority Chairman Kassler We can delegate all or any part of that authority? Mr O'Connell We are suggesting what we think is best, but other options are open Mr Michelson It is apparent that the Article, as being presented, will leave all these options open - so there is no objection from the Bi- centennial Corporation to make a presentation to Town Meeting We hope this can be done as quickly as possible in order to meet the target date of July 4 The $30,000 figure is okay As far as material goes, I was II/going to try and make a suggestion tonight but the more we discussed it, I decided to come back on Monday night Mr Bailey Be aware of the material of the flagpole - fibreglass poles would have a much larger deflection than steel poles Mr Michelson We hope to view a pole about 60 ft tall, and then we can come up with suggestions Fibreglass is much thicker than people think Some are good and some are bad. Mr Busa As we are going to make the determination, a member, or all of the Board, should visit a flagpole which is nearby and we would be able to judge the information Mrs Miley When I listened to the proposals, I did ask a question of the company that had fibreglass poles if there were any around that we could get experience from. The man with steel poles made suggestions and I wonder if it would be helpful if we could get experience from steel? Chairman Kassler: That is a good suggestion We accept, with grati- tude and sincere appreciation, the gift of a flagpole from the Bicentennial Corporation, and to proceed on the course recommended by the Town Manager The Board agreed Mr Michelson retired from the meeting Art 83 Dr Eric Clarke, Chairman of the Planning Board, came into the meeting to discuss Article 83-Adoption of Section 6H of Chapter 40 of the General' Laws Dr Clarke I asked the Planning Board to insert Article 83 primarily because it seemed that the Town needed some means of keeping all streets that are open to public travel to some minimum degree of passability, even Special. Selectmen's Meeting April 7, 1976 though some of these streets are private ways The Town needed some means of maintaining roads to some minimum standard of passability I talked to Mr McSweeney and we are not in disagreement on that. The State law gives us a variance on streets but doesn't say anthing about what sort of improve- ments or getting permission from abutters The Town should operate under maxOdum security this way and keep roads to minimum standards. It is im- portant that this really be kept to a minimum because we don't want to dis- courage abutters from asking for properlyengineered streets Mr McSweeney tells me that he feels a reasonable budget would be $10,000 per year, which is essentially his measure of a minimum standard The Town, of course, would not be required to do any repairing at all; the Article is only per- missive. But, in my view, there is a need I counted 20 streets having very rough sections in them, mostly in need of pothole filling and, perhaps, scraping once in a while Mr McSweeney It is something I want to see done but I don't know if the timing is appropriate, and I have a question on the practicality of implementing this I can't answer the question but it could become a very impractical situation Town Meeting acceptance of Section 6H will allow the Town to make repairs on private ways without liability on account of any damage whatever caused by such repairs Adoption of this section will supersede Section 25 of Chapter 84, under which the Town is presently op- erating, and the Town is held liable for injuries due to defect or want of repairs on private ways which the Town has repaired if said injury occurs within six years of said repairs In the past, the Town has refused to make repairs to private ways and has taken the stance that repairs, if needed, are the responsibility of the abutter The Town is, however, al- lowed to plow these ways of snow without liability for reasons of public safety, namely fire protection Section 6H permits repairs without betterments Mr. Bailey- I have no objection to going along with this Article as, basically, there are two things built in, (1) money; (2) any work done has to be approved by this Board as the Board of Public Works As for a moral obligation and whether we owe it to the people who live on these streets, I don't know whether I feel strongly about it but, before we spend money, to have public hearings on them. Chairman Kessler- If people on the streets really want the street built up, we would go for acceptance On the public hearing route, I wouldn't see that If we felt it had to be done, we would do it on a minimal basis Mr Cohen Once you accept 6H, that's it You are not able to accept other sections, and you can't vote at another meeting in the future to unaccept Chapter 6H Chairman Kassler Then we are binding ourselves forever and ever if we accept this. Mr. Cohen Maybe an Act of the Legislature would do it Section 6H is simple and gives you permission to fix streets Chairman Kassler In effect, it gives us all the leeway we want, with the exception of charging the abutters, and I don't think this Article is for charging the abutters Mr Bailey- Present 6H first I think it appropriate for Lexington Mr Busa I don't think I have a hangup but there are quite a few 54 Special Selectmen's Meeting April 7, 1976 private streets I would ask Dr Clarke if it should come forward this year because of liability and intangibles Dr Clarke It releases you from liability It is hard to see us getting in trouble Mrs Miley I wonder if the term "hearing" might be confusing to people; they might assume it might be bigger I don't think I like the,. hearing part of it at all Mr McSweeney They would be informational hearings the way we do before we go to Town Meeting. Mr Bailey Do you plan to put money aside this year? Dr Clarke I would suggest in Article 4, and it wouldn't be anything more than John does anyway Chairman Kessler Is it the Board's desire to act in favor? Upon motion duly made and seconded, it was voted to support Article 83, as presented and discussed Executive Upon motion duly made and seconded, it was voted, 5-0 by roll call Session vote, to go into Executive Session to consider the purchase of real property which is currently under negotation, and to discuss the reputa- tion and character of certain individuals Upon motion duly made and seconded, it was voted to adjourn at 7 53 p m A true record, Attest &12612-16--' (; Executive Clerk, Selectmen I