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HomeMy WebLinkAbout1975-05-19-BOS-min 312 SELECTMEN'S MEETING May 19, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, May 19, 1975, at 7 30 p m. Chairman Kenney, Messrs Bailey, Busa and Kessler, Mrs Battin, Mr. O'Connell, Town Manager; Mrs McCurdy, Executive Clerk, were present Guides Rev Handley, Director of Guides, presented to the Board the new Guides and those to be reappointed this year All had passed the examination and were well qualified to escort the many visitors expected during our Bicentennial year On behalf of the Board, Chariman Kenney welcomed each Guide and presented a Lexington Bicentennial Guide badge to the following; Barringer, Joan 22 Deering Avenue Buchinskas, Karen 8 Saddle Club Road Gabriel, Jay 10 Winchester Drive Hill, Jennifer 159 Burlington Street Kahne, Daniel 15 Dewey Road Mager, Neil 1 Berwick Road McKenna, Stephen W 47 Bridge Street Morganstern, Vicki 30 Burroughs Road Pian, May 11 Captain Parker Arms Phillips, David 12 Trotting Horse Drive Soparkar, Charles 12 Saddle Club Road Sutton, Richard 37 Winthrop Road Takacs, Jim 7 Elena Road Permit Mr O'Connell informed the Board that the V F W Post 3007 has V F W requested permission to sell poppies throughout the Town Upon motion duly made and seconded, it was voted to grant per- mission to the Veterans of Foreign Wars Post 3007 to sell poppies through- out the Town on May 22, 23, and 24, 1975, subject to the condition that they do not go house-to-house and do not solicit motorists at traffic intersections Jurors At the request of the Town Clerk, the following jurors were drawn Mary Marderosian 164 Lowell Street John L. Gardner 15 Fair Oaks Drive Bernard P Friesecke 64 Baker Avenue Selectmen's Meeting May 19, 1975 Mr. O'Connell informed the Board that a request has been re- Permit ceived from Lexington Bicentennial Mt. McKinley Expedition to Mt. McKinley sell souvenirs at the Visitors Center lawn in order to rasie money Expedition to climb Mt. McKinley this year Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Bicentennial Mt. McKinely Expedition to set up a table to selllsouvenirs on the Visitors Center lawn on May 23, May 31, and June 7, 1975. Mr. O'Connell discussed a request from Mr. McSweeney, Director Contract of Public Works/Engineering, for approval to award a contract for 76-1-E test borings in various locations for the purpose of designing Test roadways, various underground utilities and structures, as the Borings need arises. Only one bid was received from D. L. Jones Sub- surface Investigations, Inc. , Peabody, in the amount of $8,210.00. Authority for this work is contained in various Articles, depend- ing upon the purpose of the project Upon motion duly made and seconded, it was voted to award Contract 76-1-E to D. L. Jones Subsurface Investigations, Inc. , Peabody, for test boring in various locations throughout the Town, in an amount not to exceed $8,210./00. Mr. O'Connell discussed the problem concerning a dog in the Wild Dog Shade Street/Spring Street area. It is believed that this dog belonged to a Lexington family who had moved and had abandoned it. According to neighbors, the dog had been bitten by a skunk and it may have rabies. It is becoming a health hazard as it runs after children and nipping their heels. We have tried every measure to capture this dog, by trying to entice by food and by using a tranquilizer gun, which was ineffective We have no choice but to kill it, as stated in the General Laws, Chapter 140, section 158, on the destruction of an animal. We have asked the Police De- partment to assist the Health Director in carrying out this order, to be done by a rifle. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager that if it is impossible to capture the wild dog in the Shade Street/Spring Street area, arrange- ments are to be made for it to be killed, as stated under G.L. Chapter 140, section 158. Chairman Kenney discussed a report from Mr. McSweeney regarding Turning the Turning Mill Road trunk sewer easement, which has been submitted Mill Rd. because of questions raised by the Citizens for Lexington Conserv- Sewer ation. The report states that the project is not completed but will be done in accordance with the plans and specifications, and in such a manner that the finished product will be both functional - and with 111 2)4'Y Selectmen's; Meeting May 19, 1975 the aid of a report to be submitted - a valuable educational tool for Lexingtonians in studying the environmental sciences. The final report is being prepared by the environmental services firm of Comsis, Glastonbury, Connecticut; the project is under the direction of the firm's 'chief ecological scientists, Robert DeSanto. We would like to point out that the consultant has no obligation to any party, other than the Board of Public Works, in this matter and, until such time as the final report is accepted by the Town, the matter is not one of public record, but one of a consultant - client relationship. The Board agreed to accept Mr McSweeney's report and to send a copy to the Citizens for Lexington Conservation Turning Mill Chairman Kenney read a request from Mr McSweeney for partial Crognale release of retainage monies due Crognale Construction Co. , Inc. Retainage on Contract 73-8-E, sewer construction in the Turning Mill Road Fee Area. We are presently holding $25,033.64 and recommend release of $18,000 at this time Dr Kessler Has the Conservation Commission been consulted as to the status of the work on cleaning up? Mr. Martin, Asst Engineer We haven't started major restora- tion and clean-up Dr Kessler- I would like to request, specifically on matters which are very sensitive, that we have an official Town agency in- volved. I would like you to work with the Conservation Commission and, on the returnage of monies, that Conservation go down and look it over, even if it is not specifically on Conservation work. Mr. McSweeney These monies are not involved in restorations this is for work that has been completed The $18,000 represents approximately 80% of the retainage held for work completed with the roadway segment of the job and pipework within the easement This work has been completed for well over 90 days, and has been accepted and released for public use. Mr Martin: The contract was for approximately $320,000 We have money, plus the $25,000 retainage money We expect, because of the sensitivity of the job, that we may go beyond the completion date Chairman Kenney How much is yet to be completed on the contract? Mr McSweeney It was $60,000 Chairman Kenney At what point would you authorize payment of this on the job as completed? Mr. Martin: We will receive periodic estimates. Mr. McSweeney There is more than adequate time and money to restore the area, and Conservation and Mr. Prentiss will be in- volved. I 315 Selectmen's Meeting May 19, 1975 Dr Kassler I am asking for an on-going working relation- ship with Conservation so that they will know there is plenty of money around to do this, to restore that land as close to its natural state as possible Mr Bailey I heard Dr Kassler's viewpoint but I don't think we should hold up the contractor's money for work already completed I would like to establish that the money is avail- able to complete the work above ground, and Engineering has attested that there is money Conservation could be concerned with the on-going work Now, we are debating the part that is the underground portion Do you feel that the contractor would walk away? Dr Kassler That was my question Mr Martin He is one of the few contractors with an excellent reputation Dr Kassler I am trying to avoid what has happened in the past and would urge you to use in-house assistance and avoid difficulty in the future Chairman Kenney We have also paid the ecologist to monitor this area, and his report will come to Engineering to us. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to release to Crognale Construction Co , Inc the sum of $18,000 of the $25,033 64 retainage fee on Contract 73-8-E for sewer construction in the Turning Mill Road area Chairman Kenney read a request from Mr Roy Weinstein, 6 Grammont Nickerson Road, that he be informed before the remainder of Sewer Mr Grammont's bond, for sewer construction, is returned to him Bond Mr. Weinstein states that much of the finish work will take place on his land and, therefore, he would 1Ike he would like to make a report of incomplete refinishing Chairman Kenney We will refer this to Mr McSweeney for his recommendation We have retained a sufficent amount of money and he will meet with Mr Weinstein before the bond is released The Board agreed Mr Kenney read a request from Mr McSweeney to adopt the Town Standards of Lexington standards for sewer, street, drain and water main for Sewer, construction for DPW projects and private ventures, such as sub- Street divisions and certain Board of Appeals cases " these drawings Drain & are intended to supplement the written specifications presently Water Main adopted and used by this department These, too, will need some Construction revision; however, it has taken nearly three years to develop these drawings on a part-time basis We expect that because of current and anticipated workloads, some similar time frame will be required to revise the specifications, which are rather general in nature We don't feel that any conflicts will exist and it 316 Selectmen's Meeting May 19, 1975 would be in the best interests to at least have the standard detail sheets adopted at this time " Mr Buse Are the new regulations going to be printed? Mr Martin If the Board adopts these, we will go to the Planning Board and have them adopted as part of subdivision re- quirements Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to adopt the revised stand detail drawings for sewer, street, drain, and water construction proposed for use in public works projects, subdivisions, and private ventures Upon motion duly made and seconded, it was voted to table the Board of letter from the Board of Appeals regarding an addendum to the Rules Appeals and Regulations of the Board of Appeals concerning filing fees and Filing permits, pending a discussion with Town Counsel Fee The Board discussed a request from Howard Johnson's on Route Howard 128 to extend the hours of operation for 24 hours, previously JOhnson's granted until June 1, 1975 Common Chairman Kenney Chief Corr reports there has been no problem Victualler there License Upon motion duly made and seconded, it was voted to extend until December 31, 1975 the hours of operation for 24 hours for Howard Johnson's on Route 128 in Lexington Resignation Chairman Kenney read a letter of resignation from Mrs Wiltrud LCSR Mott-Smith. Upon motion duly made and seconded, it was voted to accept, with regret the resignation of Mrs. Wiltrud Mott-Smith as a member- at-large of the Lexington Commission on Suburban Responsibility TMMA Chairman Kenney read a letter from the Town Meeting Members Executive Association stating that Mrs Mary E Shunney was elected Chair- Committee person of the Town Meeting Members Executive Committee for 1975- 1976 Hanscom Chairman Kenney read a request from Major Donald Rhoads of AFB Hanscom Field to update the membership on the Hanscom Air Force Community Base Community Council, which was originally appointed on May 24, Council 1965 to develop better relations between Hanscom Field and the surrounding towns The Board agreed to continue with the following four members of the committee Lincoln P Cole, Jr , Otis S Brown, Jr , Arthur E Burrell and Raymond B. Barnes, and to appoint Chairman tenney a member Selectmen's Meeting May 19, 1975 Upon motion duly made and seconded, it was voted to appoint Allan F. Kenney, Chairman of the Board of Selectmen, as a member of the Hanscom Air Force Base Community Council A letter is to be written to Major Rhoads informing him of the complete membership of the committee. The Board discussed a letter from Kevin White, Chairman of META MBTA Advisory Board, regarding 50 percent State sharing of the Financing MBTA financing, and it was agreed to infrom our Representatives and Senators that the Town of Lexington's position is to main- tain the 50/50 META financing MDC Chairman Kenney read a request from the Metropolitan District Commission to designate a representative in the Metropolitan Water Distiict Upon motion duly made and seconded, it was voted to designate Mr. John J. McSweeney, Director of Public Works/Engineering, as Lexington's representative on the Metropolitan District Commission. Upon motion duly made and seconded, it was voted to approve Permit the request of the Pilgrim Congregational Church to hold a bake sale on the Buckman Tavern Lawn on Wednesday, May 28, with a rain date of May 29, 1975. Chairman Kenney read a notice from the Alcoholic Beverages ABC Commission that all Motels, Restaurants, and Clubs may serve Memorial alcoholic beverages at 12.00 Noon to closing, but Package Goods Day stores may not sell or deliver at any time during Memorial Day, May 27, 1975. Upon motion duly made and seconded, it was voted toapP rove Sewer a request from Mr. MtSveeney of an intent to take sewer ease- Easement menta off gpringdale Road, with an award of no damages. Springdale Upon motion duly made and seconded, it was voted to approve Meagherville the request from Mr. No Cohen, Town Counsel, to sign the Orders of Orders of Taking, by eminent domain for school and playground Taking purposes, the following lots located in Meagherville: Lots 49-74, inclusive, in Block 1, Lots 23-44, inclusive, in Block 4; Lots 20-38, inclusive, in Block 15; Lots 36 and 37 in Block 20, Lots 17, 18, 34 and 35 in Block 21, Lots 16, 17, 32 and 33 in Block 22, Lots 15, 16, 31 and 32 in Block 23, Lots 26 and 27 in Block 57, and all lots in Blocks 5-14, inclusive, and in Blocks 58 and 59, all as shown on a plan entitled "Plan of Lots at Lexington • Heights Owned by M. C. Meagher", surveyed by E.A.W. Hammett, C.E. , dated July 1892 and recorded in Middlesex South District Registry of Deeds, Plan Book 77, Plan 24 Selectmen's Meeting May 19, 1975 Easements Upon motion duly made and seconded, it was voted to approve Ames Ave. the request of Town Counsel to sign the Order of Taking for Banks Ave. sewer and drain easements located between Ames Avenue and Banks Avenue, beginning at a point on the northerly sideline of the 1963 Town layout of Ames Avenue said point-being S :62° -00'-00" E, and 292.50 feet distant from the beginning of the northerly sideline of said Ames Avenue; thence N 280-00'-00"E, 180.00 feet to a point on the southerly sideline of Banks Avenue, thence S 62°-00'00" E, 15,00 feet following said southerly sideline of Banks Avenue, thence S 289-00'-00" W, 180.00 feet leaving said southerly sideline of Banks Avenue to a point on the north- erly sideline of Ames Avenue; thence N 62°-00'-00" W 15.00 feet following said sideline of Ames Avenue to the point of beg- inning. All as shown on a plan entitled "Plan of Sewer and Drain Easement from Ames Avenue to Banks Avenue, Lexington, Mass. , Scale 1"-20' , March 6, 1975, James E. Chase, Town Engineer," to be re- corded. Also, to take temporary construction easements for use in con- structing sewer mains to be installed in the permanent easement hereinabove described, in the following strips of land situated in said Lexington; no betterments are to be assessed for this taking; and said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded: Registered Land Lot No. apposed Owners 4 & 5 Donald E. Woodside and Ida Woodside h/w Certificate No 102330, Book 641, Page 180 Unregistered Land 487, 488, 489 Emmy H. Anderson 467 & Pt. 468 Harold P;.Johansson & Eleanore E. Johansson h/v 463, 464, 465,466 Town of Lexington Meetings Upon motion duly made and seconded, it was voted to meet on Tuesday, May 27, 1975, because of Memorial Day. Summer Upon motion duly made and seconded, it was voted to meet on the Schedule following dates at 7:30 p.m. ; June 2, 16, 30; July 14, 28; August 11, 25, 1975. Taxicab Chairman Kenney read a request to renew taxicab licenses. Licenses Upon motion duly made and seconded, it was voted to renew the taxicab licenses for the Lexington Taxi Co., Inc. and 81 Woburn Street Cab Co. d/b/a/ Minute Man Cab Company, expiring May 1, 1976: 1 3IL 9 Selectmen's Meeting May 19, 1975 81 Woburn Street Corporation Lexington Taxi Co. , Inc. d/b/a/ Minute Man Cab Co. Registration No. 1051 Registration No. 485 " 1052 " 1053 " 452 " 5352 " 453 " 1054 " " 471 " " 470 5356 " 483 Upon motion duly made and seconded, it was voted to remove from the table the petition from the New England Telephone Company to install conduit on Massachusetts Avenue, Rhodes Street, and Tomer Road. Chairman Kenney informed the Board that the Telephone Company Conduit representative had met with Mr. Daniel Lucas, 3 Tower Road, and Mass. Ave Mrs. Harold Andelman, 1130 Massachusetts Avenue, and all questions Rhodes St. has been answered to their satisfaction Tower Rd. Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following location of conduit: Massachusetts Avenue Starting on the northerly side of the intersection of Marrett Road northerly, approximately 19' of underground :conduit to Pole 57/69. Massachusetts Avenue: Starting on the northerly side approx- ' imately 110' easterly from the inter- section of Rhodes Street easterly, approximately 20' of underground con- duit to Pole 57/66. Massachusetts Avenues Starting on the northerly side approx- imately 110' easterly from the inter- section of Rhodes Street westerly approximately 110' northwesterly then northerly approximately 10' to the intersection of Rhodes Street. Rhodes Street: Starting on the easterly side of the inter- section of Massachusetts Avenue northeasterly, approximately 115' of underground conduit to Pole 34/1. I 320 Selectmen's Meeting May 19, 1975 R Massachusetts Avenue: Starting from Point "A" approximately 35' easterly from the intersection of Rhodes. Street, Southwesterly, approximately 63' of underground conduit to the intersection of Tower Road. Tower Road Starting from a point on the southwesterly side of the intersection of Massachusetts Avenue southwesterly approximately 25' of underground conduit then southerly approx- imately 161' of underground conduit to Pole 24/2. Permit Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington High School Senior Class Council, in con- junction with the Summer Co-op, to set up a booth to take pictures on the lawn in front,.of the Visitors' Center on Saturdays from 10:00 a. m. to 5.00 p.m. ; also, on Memorial Day, May 26, from 12:00 Noon to 5 00 p.m. ; subject to the rules and regulations of the Department of Public Works. 117 Adams Chairman Kenney read a letter from Mr. James McDevitt, 36 Colony Road, stating that he had read in the Minute-man that the Selectmen were seeking eyewitness accounts of :the incident on May 2 at 117' Adams Street. At 10 00 p.m. , he heard, over his scanner, one of the cruisers report that there was no serious problem at 117 Adams Street but would check the loca- tion again at 11:00 p.m. , when the party was scheduled to break up. Shortly thereafter, he drove over to Adams Street and there were 30 or more cars parked on both sides of the street, and traffic was somewhat impeded by the parked cars. About 11:00 p. m. , he heard a cruiser request assistance, and he arrived at the scene about 11 15 p.m. There were four Lex- ington cruisers and one unmarked car present, as well as cruisers from Bedford and Burlington; the Arlington cruiser arrived later, and three State Police cars came a good while after that. The group had been pretty well cleared from the house by then. The Burlington officer was standing by the edge of the road and, at no time, did he see him use the dog nor did he engage in any activity other than observe the goings-on. The Bedford officer with the dog was trying to get groups to disperse until bitten. At no time while he was present did he observe a Lexington officer use any physical force nor do anything other than try to get the group to disperse without violence. Mr. McDevitt noted that their conduct was exemplary and deserving of praise rather than criticism and vilification. Selectmen's Meeting May 19, 1975 ' The Board agreed to thank Mr. McDevitt for submitting his eye- witness account. Mr. Buse informed the Board that he had represented the Select- Refuse men at the Minute Man Refuse Disposal Council meeting held on May Disposal 13 in Estabrook Hall. He said that they are in the planning stages Council of this organization and it is going to be a long project, about 10 years, for a proposed 1,000 to 3,000 tons per day resource re- covery facility to serve the communities in the northwest, west and southwest areas of Greater Boston with access to the State's Circumferential Highway, Route 128. They plan on getting it off the ground by meetings, and it will be monitored by having these meetings twice a month. Chairman Kenney: Dr. Clarke (Planning Board) has suggested that we reactivate our West Suburban Regional Refuse Study Comm mittee and we should ask Mr. Whalen and Mr. Cambourelis to meet with us. Mr. Buse. The Council has asked that an elected official be a member of their group. The Board agreed to arrange a meeting with Mr. Whalen and kr. Cambourelis. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating Session or 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 concerning the Police Department and the Personal Services budget, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:25 p.m. A true record, Attest: ff Executive Clerk, Selectmen I