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HomeMy WebLinkAbout1971-08-31-BOS-min 47 SPECIAL SELECTMEN'S MEETING August 31, 1971 ++(l Y A special meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Tuesday evening, August 31, 1971 , at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Busa, Mrs. Riff in, Mr Legro, Town Counsel , Mr O'Connell , Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs Chisholm, Acting Clerk, were also present Town Counsel informed the Board that he has approved as to form the contracts for Sanitary Sewer Construction and Traffic Signals. Upon motion duly made and seconded, it was voted to sign contract 70-7-E for sanitary sewer construction awarded to J M Lucente Company, Contracts 9 Hilltop Avenue, Lexington, in the amount of $ 160,969.05 Upon motion duly made and seconded, it was voted to sign contract 70-8-E for the installation of traffic signals awarded to New England Traffic Signals, Inc., Winthrop, in the amount of $13,965 00. Town Counsel informed the Board that the deed to convey the old fire station to the Trustees of the Minute-man Realty Trust is ready for the signature of the Board 1 have talked to Mr Giroux and he intends to go forward Chairman Cataldo I don't think anybody knows where this thing is going Mr Legro The sooner it is done, the better Mrs Riff in Is there anything going on that we all should know/ Fire Chairman Cataldo They are so far behind Station Mr Bailey Is there any hope? Lot Chairman Cataldo I want to talk with the Board I would like to Central meet and see if we can resolve the situation I would like to see if Block we can get some direction Does the Board feel that this is important enough? I would not like to see this thing blow up Mr Legro. They gave no indication Chairman Cataldo. 1 feel we should hold the matter until the September 8th meeting Mr Legro If they want to complete the exchange, we ought not to hold them up Town Counsel informed the Board that the Harrington option is ex- tended until September 30, to give time for the Federal estate tax so Harrington it will be within the 30 day period The Federal government might take Option the position that the lien was greater than the purchase price There is a very remote possibility The Board agreed to discuss the matter at the September 8 meeting 4S Mr Legro I am proceeding with the acquisition of the Oneida Land Today, 1 received a copy of the release. The Titlebaum land is somewhat Oneida at a standstill The Ballou property Esstill in the same position, no Land further information. Chairman Cataldo It is in the hands of the Conservation Commissti. Mr Legro We received two or three of the confirmatory deeds or re- leases on the Field Road sewer easements Mr Nash refused to sign the releases Chairman Cataldo what is the status of the Frissore Soule land acquisition? Soule Mr Legro Mr Soule called and said he was going to Africa and wanted to know if he had to sign papers for the conveyance Mr Legro agreed to contact Mr Soule to get the necessary papers in proper form for the acquisition Mr O'Connell I think the Board would like to be brought up to date on the Emergency Employment situation We have joined Arlington, Waltham, Belmont and Lincoln for the purpose of exploring further. Emergency Waltham is to act for the group There is a deadline There are many Employment unknowns, the State is to adjust by population allocation We have Act been advised that Town by Town unemployment statistics are being devel- oped We don't know what this will do Another problem is that our hiring would be limited to Lexington residents We will have to file formal application We are likely to find the program is going to be heavily slanted toward filling jobs for under-priviledged groups We have to learn our way through this Mr O'Connell is to keep the Board informed The Chairman read a request from the Town Engineer to sign the memorandum of agreement between the Town and the State Department of Public Works for the 1971 Chapter 90 resurfacing Chapter Upon motion duly made and seconded it was voted to sign the memo- 90 randum of agreement between the Town and the State Department of Public Works for the Chapter 90 resurfacing; Waltham Street - Massa- chusetts Avenue to Waltham Town Line; Watertown Street - Belmont ioWn Line to Pleasant Street Upon motion duly made and seconded it was voted to sign the sewer Sewer charges in lieu of betterments for Grace Chapel, 59 Worthen Road, Lexington in the amount of $2,383 87 The Chairman read a letter from the Assistant Chief Engineer of Sewer Pipe the Boston and Maine Corporation requesting the Board to sign the agree- Contract meet for the change in rate from $5 00 per year to $30 00 per year for sewer pipe. The current rate of $5 00 per year will still be in effect until the recent presidential order covering wages and prices and current rental rates is terminated. 49 Upon motion duly made and seconded, it was voted to sign the agree- ment for change in the amount of $5 00 per year to $30 00 per year with the Boston and Maine Corporation at the old rate of $5 00 per year for Contract No 54939-Sewer Pipe, Lexington and Contract No 27868 - Pipe - Fottler Avenue Chairman Cataldo read a letter from the Lions Club of Lexington notifying us of their intent to have the Annual Old Fashioned Fourth of July Carnival in 1972; and stating that certain problems will hopefully Lions be resolved before this event Club The Board agreed that this letter was for the purpose of going on Carnival record that they wished to hold the carnival next year, but certain questions must be resolved, additional controls made and the fireworks schedule reviewed We have reservations and will go over the matter at a later date Chairman Cateldo read a letter from the Traffic Committee regard- ing crosswalks on Massachusetts Avenue, as a result of Mr J Campbell's request for painting the crosswalk opposite the Post Office The Traffic Committee feels that painting the crosswalk will not make it safer. Studies made in other States indicate that painting or strip- ing the crosswalks does not reduce, and in some instances increases, the number of pedestrian accidents By giving a false sense of security and by attracting the drivers' attention to the painted sur- ' face instead of the pedestrian, a painted crosswalk may increase the Crosswalks hazard Mr Bailey I think that people do not know that it is manda- tory to stop at crosswalks. Chairman Cataldo Is this a State Law? Mr O'Connell It is the law. Upon motion duly made and seconded, it was voted that the law is to be enforced, motorists must stop for pedestrians in crosswalks. A notice is to be put into the Lexington Minute-man to that effect and warning signs are to be placed at the entrances to the Town of Lexing- ton that motorists must stop for pedestrians in crosswalks Chairman Cataldo read a letter from Arthur L Cody of 14 Albe- marle Avenue regarding the conditions at the corner of Melrose and Albemarle Avenue and requesting new lighting at this location because it is a dark area due to many trees and the single bulb type lighting is inadequate; also heavy shrubbery is detrimental to safe traffic Lighting conditions & Shrub- Mr O'Connell I have the answers, the problem is basically a bery at budget problem and could be remedied at 1972 budget time As for Melrose & the matter regarding the high hedges at hpuse No 12, the shrubbery Albemarle is overgrown into the public way approximately 5 feet which is Avenues typical of this area Upon motion duly made and seconded, it was voted to defer the lighting request for the 1972 budget and to request the owner of house 50 No 12 to cut the hedges, or if he won't do it, ask for his approval for the Town to cut back that portion overgrown into the public way Chairman Cataldo read a letter from M Inez Dias of 389 Concord Avenue complaining of the intolerable conditions that exist at the corner of Waltham Street and Concord Avenue, the strip between Brewsters restaurant and their property, due to fill being dumped and pushed against trees and bushes He also read a letter from Fill Com- Donald K Irwin, Building Inspector, who has made an investigation plaint of the property and agreed that the fill is now at the tree line and Brewsters continued fillings will eventually kill the tree The edge of fill appears to be 20-25 ft from the property line of Dias and Brewsters Mr Cataldo also read a report from Mr McSweeney, Town Engineer, who said an investigation had been made and concurred that a consid- erable amount of dirt and/or miscellaneous fill had been placed in the area Mr. O'Connell I have some additional information by way of a telephone call received from Mr McManus, the owner .of Brewsters, who said he had no previous knowledge of a complaint from Mrs. Dias on the matter and requested he be furnished with a copy of the complaint Mr McManus said that he would do everything possible to correct the situation He had thought he was doing his 'good neighbor thing' by allowing the State to dump fill in the area It was agreed that Mr O'Connell would talk to Mr McManus and take care of the matter Mr David Marshall of the Permanent Building Committee was in- troduced to the Board by Mr. O'Connell . Mr Marshall I am a representative on the problem of the foundation wall at the new Jr High School and regarding the reso- lution with the general contract You have read about this matter in the newspaper; to summarize the situation in question, the trouble was aggravated by the wall bracing during construction. It was in- adequate bracing and reported five hours after I investigated it Jr. High We called ,i.n engineers for a discussion. Dr Miles Clair, Interna- School tional consultant, is a noted consultant He came out and made observations and made a report to your committee. All of these reports indicate the same measure of corrective action It probably won't move any more and need not be taken down. Dr Clair recom- mended the corrective steps that should be taken; add to inside face 2" thick concrete material to bolster structure thickness of wall; to protect water infiltration gunnite should be reinforced; We should get from contractor the specified tolerances and last night we received his recommendation which was correct I recommend after some discussion that they go back to him and negotiate a few more points Releases should be obtained from the contractor on any delays, that payment would be covered and all costs to be borne by him and be made to negotiate these points 5 ! Chairman Cataldo I assume you are about to accept the wall with these corrective points The matter is financial not structural - the wall would be structurally sound? Mr. Marshall We are making decisions based on recommendations of four engineers. Mr. O'Connell There is a need for administrative and supervi- sory control on the job. Mr Marshall I do not wish to discuss the matter any further, I think it should be done in Executive Session I don't wish to have the contractor have the benefit of my statements, this is the reason I would choose to,have discussion in Executive Session Mr. Cataldo Would you like to go into Executive Session now? I would like-the Committee to be her to get them on record, 1 think it is that serious. It should be worked out and laid on the table. The wall is one small part of the problem. Mr Marshall It is the responsibility of everybody from top to bottom. My thoughts might coincide with yours, we need a full committee. Mr Busa We should have a meeting Mr O'Connell We are not dealing solely with the wall We should make it known before Friday Finishing the school is the most important issue. Mr Cataldo Do you basically maintain the completion of the wall is subject to the committee being here? Mr O'Connell The committee claims that they did not have much notice Mr Cataldo They had the same notice we did, Has the wall moved any more than the 5 inches? Mr. Marshall No, it hasn't moved any more. The wa-Il is going to be tied in with the concrete wail to form a rigid box frame The trouble is the wall is standing by itself. Mr Bailey I don't think the Selectmen should become involved in solving the wall problem, we should give guidance and avoid repeats. Mr. Marshall The contractor has not been present at the meetings, it is a strange atmosphere, like operating in a fish bowl . I wish to guard my opinions Mr Cataldo I couldn't agree more. Mr Kenney Does anybody have any questions of Mr Marshall? We wish to thank you for coming in and will schedule a meeting in Execu- tive Session There are too many things involved. You shouldn't project your moves. Mr Marshall retired from the meeting,. 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 secur- Session ity, the financial interests of the Town or the reputation of a person After discussions 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 10:20 p.m A true record, Attest Acting Clerk, Selectmen V ^. S