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HomeMy WebLinkAbout1972-09-18-BOS-min 482 SELECTMEN'S MEETING September 18, 1972 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday evening, September 18, 1972, at 7 30 p.m Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works, Mrs McCurdy, Executive Clerk, were present. Mr Warren Empey met with the Board. Empey - DPW Chairman Kenney congratulated Mr. Empey upon his appointment as Operations Operations Manager of the Department of Public Works Board Members, Manager Mr O'Connell and Mr McSweeney wished him success in his new posi- tion, and Mr. Empey said he would perform to the best of his ability. Mr. Empey retired from the meeting. Mr. Legro requested the Board to sign Orders of Taking. Drain Upon motion duly made and seconded, it was voted to sign the Easement Order of Taking of a drain easement off Marrett Road on the property Marrett Rd. owned by David R. Drew and Billie H. Drew, no damages awarded accord- ing to vote of August 21 , 1972. Upon motion duly made and seconded, it was voted to sign the Slope Order of Taking of a slope easement on the property owned by Easement Wilfred J and Virginia E. Wagner, 2408 Massachusetts Avenue 3 Mass Ave. Lot 129; no damages awarded, according to the vote of August 21, 1972. Upon motion duly made and seconded, it was voted to sign the Slope Orders of Taking of slope easements on School Street for the Easement following no damages awarded, according to the vote of August 21, School St. 1972; Michael A. and Barbara J. Cardillo, Joseph A and Julia A. Gleason, Frederick V., Jr. and Agnes M McMenimen; .Roger D. and LaVerne M. Gould; John F and Elizabeth F. Downey of I Stimson Avenue. Drain Upon motion duly made and seconded, it was voted to sign the Easement Order of Taking of temporary construction drain easements off Hancock St Hancock Street on the property owned by Martin I . and Joanne G. Small; John F , Jr and Nancy A. Downey. Mr. O'Connell informed the Board that bids had been received Sidewalk for the sidewalk construction on Massachusetts Avenue, School Street, Construction Winchester Drive, Bow Street, Brookside Avenue, and Turning Mill Road. Contract Three firms bid and he recommended that the contract be awarded to Somerset Paving Corporation in the amount of $63,086 43 483 IIIUpon motion duly made and seconded, it was voted to award Contract 72-3-E for sidewalk construction to Somerset Paving Corpora-ion, 41 Kay Street, Somerset, Mass., in the amount of $63,086.43. Mr Legro retired from the meeting. Mr. O'Connell informed the Board that a request has been received from the Navy Recruiting Service for the use of the Battle (Green for an enlistment ceremony for seven men and one woman from Lex ngton, to Permit be held on September 27, 1972 at 10 00 a.m. Green Upon motion duly made and seconded, it was voted to grant the re- quest of the Navy Recruiting Service for the use of the Bat-He Green on September 27, 1972, at 10 00 a.m Mr. O'Connell informed the Board that the Conservation Commission has received a letter stating that the Federal Government had re- Conservation jetted the application for reimbursement on the Titelbaum, idallou and Open Space Cooke parcels of land, the Commission has applied to the State for 50 Program percent reimbursement but I am not too optimistic as the evaluation is one and the same thing Mr. O'Connell gave members of the Board copies of a memorandum he had prepared on the fiscal year change conference he had attended in Fiscal Year Chicopee. He recommended that Board members attend conferences to be Change I1 111 scheduled at a later date. I The Board discussed the appointment of a new Town CounSel and a Special Town Counsel . Upon motion duly made and seconded, it was voted to ap oint the firm of Palmer & Dodge, 28 State Street, Boston, Mass., wit Norman P. Town Cohen representing the firm, as Town Counsel effective Octo er 1, Counsel 1972. Upon motion duly made and seconded, it was voted to apoint Donald E. Legro as Special Counsel of the Town of Lexington, effective October I , 1972 Chairman Kenney read a letter from Mrs. Magnuson, II Hancock Street, regarding traffic in her area. 1 Traffic Upon motion duly made and seconded, it was voted to re er Mr. Magnuson Magnuson' s letter to the Traffic Committee for a recommends ion. Chairman Kenney read a letter from the Charles River ble Tele- vision Co. of Waltham requesting an appo�,ntment with the Burd to CATV discuss CATV The Board agreed to reply that it is not considering p oposals at this time but will review it at a future date; also to a vise that there is a possibility of forming a Citizen' s Advisory Committee to look into the entire matter. 484 , Upon motion duly made and seconded, it was voted to sign betterment Betterment assessments for the following streets; Assessment water - Hayden Avenue, Pearl Street Street - Bloomfield Street, Downing Road, Minola Road Sidewalk - Downing Road, Bloomfield Street, Grant Street, Marrett Road, Simonds Road, Taft Avenue Upon motion duly made and seconded, it was voted to approve the request of the Director of Public Works to sign abatements of side- walk betterment assessments for Downing Road and Taft Avenue, as follows (committed on 9-18-72) TAFT AVENUE Efstratios & Thisbi Alexandrou, h/w $12.00 Figured on incorrect dis- 4 Chase Avenue, Lexington tance & field measurement James P Kiley 12.00 " " 3 Chase Avenue, Lexington Ernest & Mario DaRu 12.00 10 Baker Avenue, Lexington Mary R. McDonough 3 Baker Avenue, Lexington 12 00 Sidewalk Assessment Fannie A. & Kenneth R. Lambert Abatements 6 Ellis Street, Lexington 12 00 " " Daniel L. & Pauline S. Hurley, h/w 28.39 30 Taft Avenue, Lexington Lloyd M. Jr. & Jean E. Allen, h/w 25 50 " 32 Taft Avenue, Lexington Charles A. & Mary C. Chicarello, h/w 30.00 " " " 34 Taft Avenue, Lexington Robert N. & Pauline E Goddard, h/w 98.25 Previously assessed 38 Taft Avenue, Lexington on Taft Avenue Donald F. & Alice W Albertine, h/w 45 00 40 Taft Avenue, Lexington DOWNING ROAD Mr & Mrs. Manuel J. Ferry 40 50 Betterment assessment 50 Downing Road, Lexington figured on incorrect distance 485 Chairman Kenney read a memorandum from the Director of Public Works requesting a water abatement for Raytheon, Navy Mfg , 78 Westview Street, Raytheon in the amount of $3,538.71 The memo gives the cost for water supplied Water for the periods of September, 1969 through May, 1970, and October, 1970 Abatement through March, 1971 and states that "The September, 1969 through May, 1970 water bill of $9,956.00 was an estimated bill based on listorical data, however Raytheon was not in agreement and refused to psy this bill . A lien was then placed against the Raytheon property by the Town of Lexington. A meeting was then held on September 13, 1972, at the DPW office with representatives from Raytheon and the Lexington dater De- partment. The bill was recalculated for this period, and tha sum of $6,419.39 was mutually agreed upon by both parties The October 1970 through March 1971 water bill of $3,955 93 which also was not paid by Raytheon, plus the $6,419.39 equals a total com- mitment of $10,373.32. Raytheon has agreed to pay the $10,373.32 but would like an abate- ment of $3,538.71 from the original estimated bill of $13,912.03, and the removal of the lien against their property. In my opinion the rate assessed by the Water Department of $10,373.32 is fair and just, and I therefore recommend that Raytheon Conpany receive the abatement of $3,538.71 and the removal of the lien against their property. If the above meets with your approval, please advise in order that necessary action may be taken." Upon motion duly made and seconded, it was voted to app-ove the request of the Director of Public Works to sign a water abatement to Raytheon, Navy Mfg„ 78 Westview Street, Lexington, in the amount of $3,538.71 Upon motion duly made and seconded, it was voted to request the Collector of Taxes to delete the water lien against the property of Raytheon, Navy Mfg , 78 Westview Street, Lexington. The Board discussed the recommendations of the Director of Public Works regarding 1973 Streets Mr. O'Connell The capital budget will come in on an U3-months basis and it is my feeling the amount of street construction should be within the $100,000 to $150,000 range, plus a little more for design work in order to ask the Spring 1974 Town Meeting for the st-eets which would be in the next budget. This will take care of 1973 st-eet con- 1973 struction and a more than normal amount for design, it shouli come out Streets to $125,000, and possibly $150,000, and that would be consistent with what we are going to do. Chairman Kenney Grassland Street is estimated at $100,000; Holland Street at $10,000; Fern Street at $4,000 That will be $114,000, plus a little for street design, a total of $124,000. Upon motion duly made and seconded, it was voted to ins-ruct the Director of Public Works to make the necessary arrangements or work to be done up to final design and bidding on Grassland Stree-, Holland Street and Fern Street 1 4b The Board discussed the Great Meadows and it was agreed to send a copy of the letter sent to the Arlington Board of Selectmen re- Great affirming the position of our Board to keep the Great Meadows in an Meadows open, natural state, as recommended by the Great Meadows Study Com- mittee. No action is to be taken until after the Arlington Special Town Meeting on October 10, 1972 which has an Article in the Warrant to appoint a 9-member committee to study the possibility of a golf course on the Great Meadows. Chairman Kenney requested the Board to rescind the vote of August 21 , 1972 to amend the Traffic Rules and Orders by adding Yield Signs Yield at Massachusetts Avenue and Worthen Road; the section is incorrectly Signs stated as Section 22 and it should be Section 23. (Section 22 is for stop signs.) Upon motion duly made and seconded, it was voted to amend the vote of August 21 , 1972 to amend the Traffic Rules and Orders by adding Yield Signs at Massachusetts Avenue and Worthen Road Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders as follows By adding to Article VIII , Section 23, Schedule #7, the following Street Location Regulation Massachusetts Avenue Northwestbound at Worthen Road Yield Worthen Road Northeastbound at Mass. Ave Yield Chairman Kenney informed the Board that a letter has been re- ceived from Mrs John M. Levis, 18 Hayes Lane, regarding the possibility of two leaf collections this fall . Leaf Mr. O'Connell Our past action was to inform the citizens that Collection it was their responsibility. Mr. McSweeney We gave you an estimate two years ago of $4,000- $5,000 to pick up once, this is between a $5,000-$10,000 item for two collections. The Board agreed to inform Mrs. Levis that there are no budgeted funds for leaf collection. Mr. O'Connell agreed to check with the Lions Club regarding its previous supply of plastic bags which could be purchased by citizens. Chairman Kenney read a letter from the residents of Fairlawn Traffic Lane regarding traffic in the area and recommending that a "Caution Fairlawn Children" sign be erected. Lane Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation, and to request Chief Corr to patrol Fairlawn Lane. The Board discussed and agreed to request Peter Chalpin of the MBTA Engineering Department to attend the meeting in Cambridge regarding the extension of the MBTA on September 20, 1972 487 Mrs. Riff in and Mr. O'Connell agreed to attend the meeting of the Town Celebrations Committee on September 21 , 1972. Chairman Kenney reed a report from the Director of Public Works regarding Buckman Tavern, as follows Buckman "SUMMARY OF FINDINGS Tavern The building itself suffers from a great lack of preventive main- tenance which is the main cause of the deterioration of the interior side walls, clapboards, facia boards, gutters, window sills and frames, dormers, and the wooden shingled mansard roof . While an anneal main- tenance program would have reduced the amount of damage from water, dampness, and seasonal heat exchange, the building' s present condition is also structurally unsound and in need of a complete overhaul . I . The entire basement of the main house, the post office, and under the rear area (under the kitchen) appears to be in excellent condition as a result of the work done in 1965. The sills, floor joists, and carrying beams that have been reinforced, replaced, and 1 insect controlled, appear to be in fine condition. 2. There is a buckling wall between the taproom and the kitchen - the removal of a stairway in the kitchen may have had some effect on this. 3. In the east wall of the main house between the taproom and the kitchen, the beam adjacent to the stairway seems to be missing a supporting column. 4 The middle side of the north side of the attic surbbunding the fireplace all plaster should be taken out - leaks around fire- place I 5. Roofing and flashing obviously leak on the mansard roof . 6. Front portion of the mansard roof section is leaking around the gutters and windows of the attic 7. Outside upper roof and flashing appear to be in god condition. 8. Throughout the house, a lot of cracking may be due o the amount of irregular heat control , dampness and moisture, an lack of maintenance. i 9. Porous condition of roof causing dampness in walls. 10. Center wall and gutters over front door appears to be nothing but moisture getting down behind the clapboards II . Wooden roof and dormers should be replaced and tightened up with flashing. 4 S RECOMMENDATIONS I . The Buildingshould have a complete survey to evaluate the I P above mentioned conditions. 2. The survey should include a full report of existing condi- tions, and an engineer' s estimate of cost for the complete renova- tion of this building. All this should be completed in time for consideration in the 1973 budget review I have reviewed this problem with various societies, including the Preservation Society of New England Antiquities, and find that there are a number of people ready to assist the Town in preserving this building." After discussion, the Board agreed to write to Mr. Butters, President of the Historical Society, and enclose a copy of the report and request that preliminary figures on repairs be submitted on November 30 so they may be included in the overall 1973 capital budget. Chairman Kenney read a memorandum from the Director of Public Works regarding Oakmount Circle, as follows "As you may recall , Contract 70-7-E was awarded to the J.M. Lucente Co. for the construction of sewer in various streets, one of which is Oakmount Circle. In addition, the Board Oakmount awarded Contract 72-2-E to P. Gioioso & Sons for drain con- Circle struction in various locations including improvements to Sewer & Oakmount Circle in the same vicinity as the sewer. In attempt- Drain ing to schedule the construction, it has come to our attention that a conflict is unavoidable between the two projects. Should the situation remain as is, the drain would be installed first, then the sewer would be installed requiring the drain to be removed and relaid. We call your attention to Article 9 of Contract 70-7-E. This article, in effect, states that only with written permission of the Board of Selectmen the contractor may assign or sublet a portion of the work to be done to a sub-contractor and the awarding authority may make direct payment to the sub-contractor. At this time we are recommending that the Board approve the sub- letting of the Oakmount Circle sewer from J.M Lucenti Co. to P. Gioioso & Sons. J.M Lucente is in favor of subletting this work and P. Gieloso & Sons is willing to perform the work at the unit prices bid under Contract 70-7-E. The basis for this recommendation is that Gioioso is better equipped to handle the large quantity of 4S III ledge estimated in this area plus averting the conflict with the sewer and drain Having one contractor perform both items of work will avoid any confusion and expedite the completion of both projects. It is our feeling that these steps would be in the best interests of all parties concerned." After discussion, the Board agreed to accept the recommendation of the Director of Public Works. Upon motion duly made and seconded, it was voted to allow J.M Lucente Co. to sublet the sewer installation contained in Contract 70-7-E to P. Gioioso & Sons under the following conditions I . The vote of the Board in favor of subletting this work to be approved by Town Counsel I 2. The work is to be performed at the unit prices bid hinder contract 70-7-E originally awarded to J.M. Lucente nc_,. 3. The work is to be done under the supervision of the Director of Public Works. The Board agreed to meet with Mr. O'Connell on Saturday morning, October 28, to discuss collective bargaining, budget schedule, etc. The Board discussed the appointment of a Member-at-Large to the Lexington Commission on Suburban Responsibility. LCSR Upon motion duly made and seconded, it was voted to appoint Mrs. Member-at- Elizabeth H Clarke a Member-at-Large on the Lexington Commission on Large Suburban Responsibility for a term expiring June 30, 1973. The Board discussed the informational meeting to be held with the Spring Street residents on Wednesday, September 20, at ry Hall . Mr McSweeney This meeting is to be held to talk with the citizens. We designed this for a 30 ft. pavement and a 5 ft. side- walk and that is what we are presenting on Wednesday night. The Design Advisory Committee said we didn't consider the results of a Spring St. meandering sidewalk and the results of the survey. If you have a meandering sidewalk, you have to go to Town Meeting as it becomes a footpath at their front door This is a non-benefit street and it should be considered for Chapter 90 funds; if it is less than 30 ft , we will not get financial aid from the State. Chairman Kenney What would it cost to just re-surface, to use pil and chips, about $15,000? Mr McSweeney Maybe $8-9,000. Mr. Busa If you go that route, they would still have a drain problem. Mrs. Riff in What is the width of the street as it was staked out? Mr McSweeney It tapers from 40 ft to 55 ft. in places. I Mrs Riff in The sidewalk is on the west side? 290 Mr McSweeney Yes Mr Buse Could they pay a betterment? Mr McSweeney No, it is a collective and arterial Street Mr Bailey As the Board of Public Works, we support the 30 ft pavement and the 5 ft sidewalk, and as the Board of Selectmen we support this I think Town Meeting ought to make the decision on this. Mr Bailey to Mr McSweeney At the informational meeting on Wednesday, the Town Engineer will be ready to make a recommendation to the Selectmen? Mr McSweeney I will take it under advisement, and make a recommendation to the Board. Mr Brown I request that 1 would like it to be pursued regard- ing a 24 ft. pavement vs a 30 ft. pavement The Board agreed to attend the informational hearing on Spring Street on September 20 in Cary Hall . " Bedford St Mr Bailey asked the status of the Eldred Street-Bedford Street Eldred St. request for traffic signals. Traffic Mr. McSweeney We are waiting for Mr. Mistretta of the State Signal DPW to make a decision. Chairman Kenney read a report from the Traffic Committee regard- ing a request from the Cary Memorial Library Trustees concerning parking around the library area. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee and to so inform the Library Trustees as follows Item I . Strict enforcement is being implemented with regard to metered parking. Library Item 2. The installation of meters along Clarke Street from Parking Massachusetts Avenue to Raymond Street is currently being studied and as soon as sufficient data is gathered a recommendation will be made Item 3 In recent weeks, the "Douglass" lot was cleaned and spaces will be painted on 9- 19-72. This work is being done in conjunction with a plan to meter this lot for public use. Item 4. The "Library" lot should be signed to allow only library patrons and personnel to park there. Item 5, The D.P.W. has been notified regarding snow removal in these lots. Chairman Kenney read a report from the Traffic Committee regard- Traffic ing a request from Mr. Arthur D. Marlin, 54 Grant Street, concerning Grant St. traffic conditions in the area 491 L "The Traffic Committee agrees that there is a problem of speeders on Grant Street, however, the same problem exists on nearly every other street in Town and we must disagree with Mr. Marlines proposal for remedying the situation. Grant Street is currently posted for 30 MPH and, if drivers will not obey these signs where violations mean penalties, a "Children at Play" sign is hardly likely to make much impression on them The only pur- pose this sign would serve would be to create a false sense of security in the minds of the children and parents. In our opinion, this would create an even greater problem than exists now. Therefore, we recommend increased enforcement by the Police Department on Grant Street. Chief Corr advises that this will begin immediately." Upon motion duly made and seconded, it was voted to accept the recommendations of the Traffic Committee regarding Grant Street traffic conditions, and to so inform Mr Marlin. Chief Corr is to be instructed to patrol the area Chairman Kenney read a report from the Traffic Committee regard- ing a request from Miss Nora Ford, Staff Counsel for Raytheon Company, concerning traffic conditions on Spring Street. The report states that a meeting was held with Miss Ford and members of Raytheon Com- Traffic pany and the problem, as presented, is that since the construction Spring St of Route 2 and subsequent realignment of Spring Street, several Raytheon accidents, three to date this year, have occurred involving Employees of Raytheon and drivers travelling toward Route 2 on Spring Street. The Raytheon Employees were, at the time of the accidents, exiting from Hayden Avenue to enter the driveway to their building which is directly across from Hayden Avenue All present agreed that there is a definite sight distance limitation problem on both Spring Street and Hayden Avenue due to the down-hill curvature of Spring Street and banking on the southeast corner of this intersection. At present, the only workable solution to the problem appears to be sight distance easement on the Kennecott Copper Property. However, the Engineering Department will make a more formal proposal regarding this once a determination is made on the future of Spring Street. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee regarding Spring Street and to send a copy of the report to Miss Ford. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security, the financial interest of the Town or the reputation of a person: After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 00 p.m. A true record, Attes fii—a- r Executive Clerk, Selectmen