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HomeMy WebLinkAbout1975-11-03-BOS-min LI 7/ SELECTMEN'S MEETING III November 3, 1975 A regulak meeting of the Board of Selectmen has held in the Select- men's Meeting Room, Town Office Building, on Monday, November 3, 1975, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Kessler, and Mrs. Battin; Mr. O'!Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present. Chairman Kenney opened the hearing on the petition of the New NET&T Co England Telephone Company for permission to install a pole on Wood Pole - Street near Patterson Road. Wood St. Notices Were sent to the abutters and also filed with the Public Works Departmelnt. Chairman 'Kenney read a recommendation from Mr Coscia, DPW Manager, that approval be granted as this pole is temporary and will be removed after a house is moved to the lot on Wood Street by the Lexington Hous- ing Authority. Mr. John Yackoes, representing the Telephone Company, informed the Board that the pole would be installed for the purpose of raising all wires in connection with the house move. No one else appearing in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following location Wood Street On the northeasterly side, approximately 34 feet more or less southeast of Patterson Street, one pole. Chairman Kenney opened the hearing on the petition of the New England NET&T Co Telephone Company for the installation of underground conduit on Waltham Conduit Street and Allen Street Waltham St - Notices were sent to the abutters and also filed with the Public Allen Street Works Department ChairmanlKenney read a recommendation from Mr Coscia, DPW Manager, that approvalibe granted for the installation of conduit to increase the service in the area Mr. Yackges, representing the Telephone Company, informed the Board that, basically, this conduit is required because there is a congested aerial pole lime; we do have an underground system on Waltham Street and this is the initial step to relieve the pole line. No one else appearing in favor or in opposition, the hearing was declared closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the installation of underground conduit on Waltham Street and Allen Street Waltham Street From existing Manhole #54/62 located 13+ feet y7o2 Selectmen's Meeting November 3, 1975 Allen Street: West of Allen Street, westerly 13+ feet to 111 existing Pole 193/81. From the aforementioned Manhole #54/62 easterly 13+ feet thence northerly 95+ feet to existing Pole 2/1, Allen Street Police - Mr O'Connell submitted a report to the Board on the death of Richard M. Mitchell Mitchell, 73 School Street, on October 30 at the Lexington Police Station Mr O'Connell Mr Mitchell was arrested at his home at 6 30 p.m. Wednesday in the presence of his parents, in compliance with a default warrant issued by the Concord District Court, growing out of his failure to pay a fine assessed by the court for an earlier conviction Mr. Mitchell was booked, given a normal search and confined to a cell, await- ing a court appearance Thursday morning. A default warrant does not per- mit the granting of bail. During Mr. Mitchell's arrest and booking, he was cooperative and was granted permission to call his home and his lawyer. There was no indication of anything abnormal. Mr. Mitchell was observed periodically by a television camera in what appeared to be normal sleep. At no time did he request medical attention or give an outward indication of needing any Early Thursday morning, the police officer was unable to awaken him, and he was pronounced dead by Dr. Soybel. An autopsy showed death by an overdose Chief Corr asked for a complete investigation by the District Attorney's Office and the investigation is not completed. Tillotson I would also advise the Board of the tragic death of Neil Tillotson of Massachusetts Avenue. According to the information given me, on Saturday evening he was observed in Lincoln attempting to connect an exhaust pipe to his car. The Lincoln police were notified but were un- able to find him in Lincoln. Mr. Tillotson was found by a neighbor of Fletcher Avenue. Death was by suicide by carbon monoxide poison. Those are the sad events of youth during the past week. Chairman Kenney Are there any comments by the Board? Dr. Kessler and Mrs Battin replied that they had comments for executive session. Dr Ellicott, Drug Advisory Committee Was there any evidence of alcohol in Mr. Mitchell? Mr. O'Connell The only direct information I have is that the father, in talking afterwards with Chief Corr, made mention of his drinking one beer Dr Ellicott: Did the boy appear intoxicated? Mr O'Connell Not at the time he was booked. Chairman Kenney: I understand he donated blood that day. Mr. O'Connell Yes, at his place of employment, despite the advice of the Doctor plus his father's urging to the contrary. Mr. Evret Fawle What about the Doctor? Mr O'Connell I am referring to information by his father. I don't have details. 47:3 Selectmen's Meeting November 3, 1975 Chairman Kenney It is not a public hearing We are here for a report from the Town Manager. Gentleman Describe the normal search procedure. Mr. O'Connell His jacket was removed and he was asked to empty the contents of his pockets, which were inventoried and put in an en- velope to be returned to him. The police officer patted him to feel for objects and his clothing was not removed. This is typical of a normal search in the event of his arrest at this time. Mr. Frank Sandy Was there any indication he took drugs before arrested? Mr. O'Connell We have reason to believe he secreted drugs on his person. That is our presumption, that he succeeded in having drugs on his person. Mr. Keith Butters Was he quiet and orderly? Mr. O'Connell When booked, during the evening his attitude became boisterous and demonstrative As viewed on the TV monitor later in the evening, he gave the indication of lying down and going to sleep. Mr Fowle In your first statement, you said everything was peaceable. Chairman Kenney It is still being investigated by the Attorney General's Office. From the reports that we have had, it is a tragic in- cident, the same as the young Tillotson. Beyond that, it is still under investigation. I would make a personal comment that the action taken by the Lexington police force was completely proper and handled in the normal way and, unfortunately, the young man took an overdoes Beyond that, the case is still under investigation and further comments would not be to our advantage. Mr. Fowle I wonder why Mr. O'Connell hadn't given a more careful account at the first instance. Dr Kessler It is a difficult situation and it is probably a poor time to resolute anything; certainly not in public session with the in- vestigation incomplete, and with lots of questions in the minds of most of us. Debate) in public session would do no good. This will be investi- gated as fully, as possible and all questions any of us have will be answered beforie it is laid to rest The assurance I give now is that this will be fully investigated. Mr Fowlel At the beginning, there should be a full disclosure of all the facts Mr. Bailey Mr. O'Connell said nothing later on to be inconsistent with what he said before The fact is, the investigation has not been completed, and it is unfair to comment until there is a full medical report. Mr. Fowle The first statement of Mr. O'Connell misrepresented the facts. The records will show that Mr. O'Connell requested concurrence of the Board to award the con- DPW tract for 4 trucks for the Public Works Department to Taylor and Lord at Truck $19,770 per unit, with the possibility of an increase in price up to Contract 6 percent at the time of delivery in Lexington in three months. 474 Selectmen's Meeting November 3, 1975 Chairman Kenney What was the budgeted amount? Mr O'Connell $96,000 and it will be $79,080 for 4 trucks Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to award the contract to Taylor and Lord for 4 DPW trucks in the amount of $19,770 per unit Tree - Mr O'Connell discussed George Rowe's offer to the Town of a fir Geo Rowe tree on his property behind the Bedford Street fire station. The tree is too large and it would be impractical to move it and it was left that the tree is to remain on the property and Mr Rowe will have the lower branches trimmed. Hennessey Mr O'Connell informed the Board that Dr Bergmeyer, 11 Mountain Stable Road, is interested in a five year lease of the stable on the former Lease - Hennessey property at $200 00 per year. This would not include the land, Bergmeyer just the stable Chairman Kenney Who is responsible for the condition of the stable? Mr O'Connell Dr Bergmeyer. Mr Bailey What is the condition of the stable now? Mr O'Connell It is in poor condition Mr Bailey Is he going to improve the condition? Mr O'Connell The terms of the lease are that he keep it weather- tight Chairman Kenney in the event he makes no maintenance, we hae the right to cancel the lease The Board agreed and asked Mr. O'Connell to proceeed with the matter of the lease. Veterans' Mr. O'Connell publicly announced that Town Offices will be closed on Day Tuesday, November 11, in conformance with the State law Mr. O'Connell distributed additional material on Capital Budget, items and said that the Selectmen, Appropriation Committee and Capital Expendi- tures Committee are now in a position to proceed The Board agreed to arrange a tour of DPW Articles on next Saturday morning. Flagpole - Mr. O'Connell submitted additional information on the Battle Green Battle flagpole. Authorization had been given to spend $1,250 to lower the top Green section to relieve the street but Mr. McSweeney now recommends that the top section be taken down completely and temporarily mount a small pole. This would give the opportunity to inspect the top section and know what the whole project will cost. If the Board concurs, it could be done next Saturday or Sunday Chairman Kenney We agree; our concern is to have the flag flying at all times. Mr. O'Connell We will put a short additional section on the pole. Mr. McSweeney is getting estimates. 4,17C Selectmen's Meeting November 3, 1975 Chairman Kenney We have located the people who put the pole up and, as far as we know, they are interested in the project. There aren't that many people interested in supplying a pole that size. Mr. O'Connell publicly announced that DPW has installed a ramp at Town Off the rear of the Town Office Building and it is now possible for a handi- Building capped person to park his car, go up the ramp, and reach the elevator Ramp in the building. Mr Busa has suggested that we call this to the atten- tion of the handicapped. Mr. Cohenlrecommended that the Board sign the Orders of Taking on Grant St Grant Street. Sidewalk Upon motion duly made and seconded, it was voted to sign the Order Easements of Taking for sidewalk easements on Grant Street at the following locations Lot No Supposed Owner 2 and part of 1 Harvey and Lillian E Atkinson h/w Unnumbered Roland A. & Katie A. MacPhee h/w 15 Robert M. & Nancy F. Earsy h/w UnnUmbered Robert B. & Joan R. Wardwell h/w 13 Victor A. & Betty L. Kean h/w Unnumbered Unnumbered Jane E. Douglas Richard B. & Susan H. Baumgartner h/w 11 Louis A. & Peggy Smith Hall h/w Chairman Kenney discussed the condition of the Revolutionary Monu- War ment on the Battle Green. Memorial - Chairman Kenney Mr. Worthen had written to us regarding the condi- Battle Green tion of the stone after work was done on it and questioning whether we should have gone to Historic Districts for approval. I went with Mr. McSweeney to look at it again as, when we last discussed it, we talked about the possibility of removing the stone The people who worked on it feel that the stone would crumble if we did it. The original stone is at the Hancock House and it is slate, not granite Mr. Bailey We are trying to do exactly what Mr. Worthen wanted us to do. Since Trustees' funds are available, I think I would go for re- placing the stone. Mr. Busa I concur. Mr. Bailey I think it would be worthwhile to chat with Mr Worthen We are not obligated to go to Historic Districts unless we replace what was there Chairman Kenney We received approval from the Trustees for $850.00 I'll talk withlMr. Worthen Mr. Bailey It would be prudent to touch base with Historic Districts It was the concensus to opt for replacement Chairman Kenney is to talk with Mr Worthen and Mr McSweeney is to talk with the Historic Dis- tricts Commission and come back to the Board with information on replacing the stone. 476 Selectmen's Meeting November 3, 1975 Cert. ofUpon motion dulymade and seconded, it was voted to approve the loca- Incorp. PP tion of 4 Fairland Street as a mail drop for The Lexington Bicentennial Band, Inc. , as requested by State Secretary Guzzi. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on October 6, 1975 Perambula- Perambulation of Town Boundaries was discussed. tion of Upon motion duly made and seconded, it was voted to accept the recom- Town mendation of the Director of Public Works/Engineering that two representa- Boundaries tives of the Town be appointed by him to walk the Town boundaries on the following dates Monday November 17 - Belmont & Arlington Tuesday November 18 - Winchester & Woburn Wednesday November 19 - Burlington & Bedford Thursday November 20 - Lincoln & Waltham Friday November 21 - Rain Date Mrs. Battin indicated a willingness to walk the boundaries on Thursday, November 20 Moon Hill Chairman Kenney read a request from Mr. McSweeney, Director of Public Trunk Works/Engineering to vote an intent to acquire easements for the construc- Sewer tion of the Moon Hill Trunk Sewer, with an award of no damages to all prop- erty owners; (2) To instruct Town Counsel to prepare the necessary Order of Taking; (3) To accept the concept that Messrs. Wilson may relocate the sewer to a new location on his property and convey a new easement at the time of the relocation, all at no cost to the Town A statement to this effect may be included in the final order of taking, or simply made a matter of record in the minutes of the meeting Mr McSweeney During our several meetings, Donald Wilson has ex- pressed concern that this project might disrupt his spring planting program or that the flow or movement of surface or ground water might be altered, thus damaging his irrigation system. Also, he is concerned about the effect of this easement on future land values. Mr. Cohen Mr. Wilson ought to write a formal letter of agreement as this does not belong in an Order of Taking The Board agreed to accept the concept that Mr. Wilson may relocate the sewer to a new location on his property and convey a new easement to the Town at the time of the relocation, all at no cost to the Town,. Also, Mr. Wilson is to submit a letter of agreement Upon motion duly made and seconded, it was voted an intent to acquire easements for the construction of the Moon Hill Trunk Sewer, with an award of no damages. Upon motion duly made and seconded, it was voted to instruct Town Counsel to propare the necessary orders of taking for the easements. Contract Chairman Kenney read a recommendation from the Director of Public Works/ 75-11-E Engineering for approval of Extra Work Order No 2 under Contract 75-11-E Extra Work Order No 2 477 Selectmen's Meting November 3, 1975 with Po-Mar Contracting, Inc to cover the installation of approximately 564 linear feet of sewer in Grant Street This would eliminate an exist- ing health hazard at #193 Grant Street, where present conditions make use of the existing facilities almost impossible This sewer had been in- cluded in Contract 75-9-3 which, if it had been executed, have insured fall completion and elimination of the health hazard before winter. The estimated cost'of this work is $15,500 and could be completed within two weeks from notice to proceed. Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Director of Public Works/Engineering for Extra Work Order No. 2 under Contract 75-11-E to Po-Mar Contracting, Inc in the amount of $15,500, under the appropriation for Article 20 of the 1971 Annual Town Meeting. Upon motion duly made and seconded, it was voted to grant the request Permit - of the 39th Engineer Battalion of Fort Devens for a parade permit for Hanscom training of troops from Hanscom Field to the Battle Green on November 5, Field 1975 at 6 00 p.m. Upon motion duly made and seconded, it was voted to grant the re- Bike-a- quest for a Bibe-a-Thon for Retarded Children on Sunday, November 9, Thon 1975 at 10 00 0.m. , from Belmont to Concord Avenue to Spring Street to Trapelo Road, Waltham. Upon motion duly made and seconded, it was voted to grant the re- Parade quest of Mr. Ralph V. Lord, Jr for High School football parade permits Permit on November 8 and November 22, 1975 at 12 45 p.m. Chief Corr is to be asked to make available a cruiser escort. Chairman Kenney read an application from Rosina's Kitchen, 353A Rosina's Mass. Avenue, for a Common Victualler license A report from the Board Kitchen of Health states that a sanitary inspection of Rosina's Kitchen showed conditions to be satisfactory; however, additional Health requirements must be met. Upon motion duly made and seconded, it was voted to sign the Common Victualler license for Rosina's Kitchen, 353A Mass. Avenue, subject to compliance with the requirements of the Board of Health concerning dish- ware and glass'iare, dishwashing machine; storage of food off the floor; permanent covers on pickles, olives, etc. ; label requirements; toilet rooms, salad units; food storage refrigerator; equipment schedule and application for a full food service permit is to be made to the Board of Health. Hours are approved for 9 00 a.m. to 6 30 p.m , 7 days a week. Upon the request of Mr Barry Littleton, Animal Control Officer, for Dog a hearing on aldog owned by Mr Frank Yeomans, 956 Mass. Avenue, the Hearing - Board agreed to conduct a dog hearing on November 11, 1975, at 9 00 a.m Yeomans Upon moti)n duly made and seconded, it was voted to grant the re- Permit - quest of Professor Griffith of M I.T. for the use of the Battle Green Battle Green 478 Selectmen's Meeting November 3, 1975 on Tuesday, November 4, at 3 00 p.m Professor Griffith is to be inter- viewed by a representative of a German TV Station, and there are to be no commercials Community Dr Kessler informed the Board that Judge Forte has invited the Relations Community Relations Committee and the townspeople to come to Concord Committee- Court on Thursday evening, November 20, to see, first-hand, the work Judge of the court. It will be an educational experience for parents and Forte the youth of the Town I hope as many people as possible will come at 8 00 p.m. We should all take advantage of this opportunity to hear Judge Forte Executive Upon motion duly made and seconded, it was voted to go into Execu- Session tive 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 a person. After discussion of matters concerning the financial interests of the Town and a complaint, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 35 p.m. A true record, Attest Executive Clerk, Selectmen