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HomeMy WebLinkAbout1974-10-15-BOS-min s() SELECTMEN'S MEETING October 15, 1974 A regular meeting of the Board of Selectmen was held in the Select- ' men's Meeting Room on Tuesday, October 15, 1974, at 7 30 p m. Chairman Kenney, Mr. Buse, Mr. Brown; Mr. O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr O'Connell recommended that the Board award the contract for Sidewalk sidewalk construction on both sides of Muzzey Street and Clarke Street Contract to the lowest bidder, Santorelli Construction, Inc , Wakefield, in the Muzzey amount of $59,986 50 Clarke Sts Upon motion duly made and seconded, it was voted to award Contract 75-5-E to Santorelli Construction, Inc , Wakefield, Mass in the amount of $59,986.50 for the construction of sidewalks on both sides of Muzzey Street and Clarke Street, as authorized under the $60,000 appropriation of Article 19 of the 1974 Annual Town Meeting. Mr. O'Connell requested that the Board approve the transfer of $3,200 from the Reserve Fund to the Engineering Overtime Account 5100. Transfer This transfer is necessary because a senior engineer was assigned in- Account 5100 spection duties of a junior engineer who has been out because of a work-related disability; also, increased workload in traffic engineer- ing and recreation projects, and the increase in the number, or length, of workdays because of contractors working on Saturdays and, therefore, requiring an inspector Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the request for a transfer from the Reserve Fund to Account 5100 in the amount of $3,200. Mr. O'Connell informed the Board that a letter has been received from Robert S DeSanto, Chief Ecological Scientist with C.E. Maguire, Turning Mill Inc. , concerning a proposed fee schedule for the use of an Ecological Ecological Technician to monitor the Turning Mill sewer construction The sum Contract is not to exceed $10,000 for a 60-day period Upon motion duly made and seconded, it was voted to accept the proposal submitted by C E Maguire, Inc for an Ecological Technician to monitor the Turning Mill sewer construction for a 60-day period in an amount not to exceed $10,000, and to authorize that a suitable con- tract be drawn up for approval of the Board. Domings Lot Mr. Cohen, Town Counsel, requested the Board to sign the release Restriction of a restriction on Lots 166 and 167 Valleyfield Street owned by Edward E and Mary L Domings Upon motion duly made and seconded, it was voted to sign the follow- ing release of restriction on Lots 166 and 167 Valleyfield Street owned by Edward E. and Mary L. Domings Si Selectmen's Meeting October 15, 1974 WHEREAS, under date of April 15, 1968, the Town of Lexington, a municipal corporation in Middlesex County and the Commonwealth of Massachusetts, acting by its Board of Selectmen under and by virtue of the power conferred on it by the vote of the Town Meeting held March 16, 1953, as Grantor, by a deed recorded in the Middlesex South Registry of Deeds, Book 11493, Page 147, imposed a restriction upon certain real estate in said Lexington, being designated as lots 166 and 167 on Valleyfield Street in said Lexington, as shown on a plan entitled "Farmhurst, Section 4, Lexington, Mass , Belonging to Neil McIntosh, Tr. , Jan 1923, C H. Gannett C.E ," recorded with Middlesex South District Registry of Deeds, Book of Plans 361, Page 20 WHEREAS, said restriction combined, for purposes of building, said lots 166 and 167 with lots 168 and 169 on said plan, and pro- vided that only one building, together with customary accessory build- ings, be erected, placed or maintained on the combined lot, dor a period of ninety-nine years from the date of said deed. WHEREAS, the record owners of said lots, Edward E. Domings and Mary L. Domings, the Grantees in said deed, have requested that the Town of Lexington release said lots from the restriction imposed in said deed NOW, THEREFORE, the Town of Lexington, acting by its Board of ' Selectmen, under and by virtue of the power conferred upon it by the vote of the Town Meeting held March 1, 1971, namely at an adjourned session thereof duly held April 5, 1971 for consideration of $4000 paid, does hereby release, abandon and forever discharge the restric- tion heretofore imposed on said lots IN WITNESS WHEREOF, the name of the Town of Lexington has been hereto affixed, and this instrument has been executed in its name and behalf by a majority of the Board of Selectmen and countersigned by the Treasurer of the Town of Lexington and sealed with the Town seal this 15th day of October, 1974 Town of Lexington Countersigned By Allan F Kenney Alfred S Buse Louis A. Zehner Sanborn C. Brown Town Treasurer Majority of the Board of Selectmen 81 Selectmen's Meeting October 15, 1974 Upon motion duly made and seconded, it was voted to certify the Cert of character of the following who have applied for Certificate of Incor- Incorp. poration Marlis Fahimi, 15 Peacock Farm Road, "Boston Arts Review, Inc." Anthony J Bartolotti, 1132 Mass Ave , "The Pro-Bus Guild, Inc." Upon motion duly made and seconded, it was voted to approve the Minutes minutes of Selectmen's Meetings held on March 25, April 8, April 16, April 22, April 29, 1974 A notice from the Alcoholic Beverage Control Commission was read, ABC stating that Package Goods could remain open and Motels, Restaurants and Clubs could serve during the regular hours on Election Day, Novem- ber 5, 1974 The Board agreed to inform the managers of all involved. Chairman Kenney read a request from Mr Elliott I Mishara for a sewer connection to service his home at 193 Grant Street. Mishara A report from Mr. McSweeney was read, stating that all of the cur- 1 Sewer Request rent funds have been expended for the construction of sewers which had Grant St been previously requested and approved but it is recommended that this request be included in next year's budget There is a possibility of funds being available in the spring if the bids are low and, if so, consideration will be given to Mr Mishara's request. The Board agreed to inform Mr Mishara that his request will have high priority on the list of sewer projects. Mr Morey, Chairman, Mr Rutherford, Mr McEwen, and Mr Grace of the Board of Trustees of Public Trusts met with the Board to discuss the use of trust fund appropriations for Town purposes, as requested Trustees by the Selectmen in September. Public Mr Rutherford I would suggest that if you have work to be done, Trusts notify us that you would like money for a specific purpose and we frill determine from which funds the money should be appropriated We want to cooperate with you; we have a lot of income to be spent but we want to decide which funds are used Chairman Kenney We understand that you are the Trustees of Public Trusts and that is your job. We aren't trying to usurp your authority. The Board agreed to submit a letter to the Trustees outlining the procedure to be followed in requesting trust funds from them. The Trustees retired from the meeting with the understanding that they would approve the Board's requests foe trust funds as outlined in the minutes of September 23, 1974 Rushton Chairman Kenney read a request from Mr. Robert K. Rushton for a Water Con- water connection to service his home at 29 Marrett Street He has nection been using a well but the supply has diminished; also, the Health De- Request partment has found traces of contamination and advised that the water should not be used Selectmen's Meeting October 15, 1974 Chairman Kenney This particular problem goes back to 1963 and Mr McSweeney reports that the only solution to his problem is to have a water connection from his property to the U.S. Air Force 10" A.0 water main located with an easement on Wood Street property, a distance of approximately 250 feet. we will ask Mr McSweeney to talk with Hanscom. The Board agreed Upon motion duly made and seconded, it was voted to set the poll- ing hours on Election Day, November 5, 1974, from 7 00 a.m. to 8:00 p.m. State Upon motion duly made and seconded, it was voted to sigh the War- Election rant for Election Day, November 5, 1974 Chairman Kenney read a request from Mr Herbert L Slade, 14 Rumford Road, for an abatement of $387 00 sewer betterment assessment Slade as he feels the cost should have been $180 00 for the connection "If Sewer the contractor had read the Town sewer plans according to contract, Better- the sewer main would have been extended further and my connection nenk would have been shorter." Assess- Chairman Kenney read a report from Mr McSweeney stating that the ment present policy dictates that the homeowner adjacent to a sewer main pay for the cost to construct his sewer service from the main to his property line on a per-foot basis, regardless of length. Unless the Town policy is changed, there is no justification for abating the cost of the sewer service to Mr Slade's property Upon motion duly made and seconded, it was voted to accept the recommendation submitted by Mr McSweeney and to inform Mr. Herbert L. Slade that the charge of $387 00 is correct. Chairman Kenney read a request from Mr. McSweeney for approval of an Extra Work Order on Contract 73-5-E, awarded to Grandview Con- Contract tracting Inc , to cover sewer extensions on Wingate Road and Sunny- 73-5-E- knoll Terrace, in the amount of $29,000. "These two streets are, we Extra believe, the most critical as far as health hazards go " Work Upon motion duly made and seconded, it was voted to approve Order Extra Work Order No 1 under Contract 73-5-E for sewer extensions on No 1 Winga4e Road and Sunnyknoll Terrace Chairman Kenney read a request from Mr Roger Bejian for an abatement of a sewer betterment assessment of $571 21 on his property Bejian at 17 Kimball Road Sewer Mr McSweeney After the subdivision was approved, the builder Assess- put up two houses on the edge of the area; these were sewered by the went contractor without permission from the Town Kimball Upon motion duly made and seconded, it was voted to request Town Road Counsel to look into the matter and report back to the Board. Selectmen's Meeting October 15, 1974 11/ Chairman Kenney read a request from Mr David L Gennaro, 108 Winter street, for deferment of sewer betterment assessment in the amount of Gennaro $1,391 14 "My home is situated approximately 800 feet from the sewer- Sewer age connection on Winter Street Due to this unusual distance, the Assessment elevation of the land is such that it is impossible for me to make use Winter St of the system. I have discussed this problem with your Town Engineer and he can confirm these results A report from Mr McSweeney recommends that the Board defer pay- ment of Mr Gennaro's sewer betterment "While chances are very slim that he would ever install an 800 ft sewer service to his present home, he could conceivably build a new home closer to the street under the right circumstances, and for that reason we feel that the betterment should stand A deferment costs Mr Gennaro nothing and protects the Town's interest In no way do we recommend an abatement Chairman Kenney informed the Board that a recommendation has been received to appoint Miss Sandra Small a member of the Cable Television CATV Committee to fill the vacancy caused by the resignation of Robert Cain, Appointment Library representative Upon motion duly made and seconded, it was voted to appoint Miss Sandra Small a member of the Cable Television Committee as a representa- tive of the Cary Memorial Library Bicenten- Mr Robert Tarlin, Bicentennial Director, and Mr. Lincoln P Cole, Ilial Plans Chairman of the Bicentennial Committee, met with the Board to give a progress report on Bicentennial plahs. 1 A $28,000 profit from the sale of Bicentennial coins Money will be set aside for a permanent memorial on the Green A subcommittee has been set up to take care of the Bicentennial booklet Plans are being made for a Bicentennial poster contest 2. The Police Department is working on a contingency police force Sena- tor Kennedy and Congressman Cronin are cooperating on obtaining National Guard assistance 3 Fire Department details are being refined and assurance has been re- ceived of medical personnel assistance. 4 Twenty walkie-talkies are needed but, to date, only 6 to 8 have been promised 5. Arrangements are being made for portable toilets. 6 Events are being planned, such as quilting, band concerts, Master- works Chorale. 7. Guest seating is being worked on and a final list to be submitted shortly. 8 Selectmen's Meeting October 15, 1974 It was agreed to arrange a meeting with the Concord Board of Select- men to discuss the invitation to the President Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning the budgets, 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 I