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HomeMy WebLinkAbout1970-12-07-BOS-min 300 SELECTMEN'S MEETING December 7, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, December 7, 1970 at 7 30 p.m. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present; Mr Legro, Town Counsel; Mr. O'Connell, Town Manager, Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs. McCurdy, Executive Clerk were also present. At the request of the Town Clerk, three jurors were drawn as follows Jurors Thomas F. Cloherty 26 Pearl Street Joseph L. Swan 60 Tarbell Avenue Eugene 0. Beauchemin 68 Laconia Street Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company for the installation of poles on Downing Road Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan and also filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, and Mr. Dunn, representing the New England Telephone Company, were present. Mr Dunn said that this petition is at the request of the Town for the street refinishing program; it involves the poles being pushed back toward the property. No one appearing in favor or in opposition, the Chairman de- clared that part of the hearing closed. The Chairman read a report from the Town Engineer stating that the proposed pole locations had been reviewed and found to be in Pole conformity with the plans and specifications for the reconstruction Location on Downing Road. The Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company and the New England Telephone Company for the following location Downing Road, southwesterly side, northwesterly from a point approximately 70 feet northwest of Marrett Road, -- Two (2) poles (Two existing JO poles to be rep. moved.) Downing Road, southwesterly side, approximately 493 feet northwest of Marrett Road, -- One ( 1) pole (One existing JO pole to be re- moved.) 301 Downing Road, southwesterly side, approximately 681 feet northwest of Marrett Road, -- One ( I) pole (One existing JO pole to be removed.) Mr. legro informed the Board that the Order of Taking has been recorded on land owned by George H. Crawford on Hayden Avenue by the Board on November 30, 1970 Crawford Upon motion duly made and seconded, it was voted to rescind Order of the vote of November 2, 1970 to adopt the Order of Taking of land Taking owned by George H. Crawford on Hayden Avenue, with an award of dam- ages in the amount of $ 10,000. Mr. O'Connell informed the Board that he has received four re- quests for transfers from the Reserve Fund. In September, a transfer of $ 1 ,000 was requested to the Dog Officer Expense Account # 4050 and a transfer of $600 was approved by the Appropriation Committee. I agreed to go along with this transfer although I felt $750 would be needed to carry the account through December 31 , it is now necessary to request another transfer of $ 150. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count 04050, in the amount of $ 150 Transfers Mr. O'Connell said that the Conservation Commission has requested a transfer from the Reserve Fund of $300 for secretarial services The Commission had returned $302. 19 at the end of 1969 for work not performed and the new secretary was able to finish the backlog, which will require $300 to compensate her Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Conservation Commission Account #2460, in the amount of $300 Mr. O'Connell said that a transfer is requested to the Town Re- port Account #1760, in the amount of $450, for additional clerical costs, furniture, supplies and rental of two typewriters Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Town Report Account #1760, in the amount of $450 Mr. O'Connell informed the Board that a transfer of $ 1 ,000 is requested to carry on the operation of the Clerical Pool for the month of December. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Clerical Pool Account 01075, in the amount of $ 1,000. Mr. O'Connell read a letter of resignation from Francis W.K. Cons Smith from the Conservation Commission, effective date of December 10, Comm 1970 302 Mr O'Connell said that in reading the Conservation minutes, it is anticipated that Mr Sussman will resign as he has been transferred to Washington. There will be a second opening and I would appreciate it if the Board would give some thought to replacements. Mr O'Connell informed the Board that seven bids had been re- Bids ceived for sidewalk construction on Marrett Road, Taft Avenue and Sidewalks Simonds Road, ranging from $36,962.20 to $64,767.00. The three lowest bidders are A R. Belli , Corp., $36,962.20; Belli Construc- tion, $41,777.40; J.S. Hayes Co., $64,488.75. The Engineering Department had an estimate prepared for this project in the amount of $55,000. The Town Engineer recommends, and I endorse it, that the bids are unbalanced and should be rejected and readvertised for this contract the latter part of January for construction in the spring. Upon motion duly made and seconded, it was voted to reject all bids submitted on November 4, 1970 for sidewalk construction on Marrett Road, Taft Avenue and Simonds Road. Mr. O'Connell informed the Board that he had finished reviewing the Civil Service list and the recommendation is for three of the Police first five on the list Lloyd F. Smith of Arlington, Charles J. Civil Peters of Watertown; William J. Kelly of Arlington. There were Service virtually no Lexington residents on the qualification list of 50 to 59 applicants. We have sent these names to Civil for certifica- tion and for authorization to put them on the payroll to fill the three openings. We have another termihation that is being pro- cessed. 1st Class Upon motion duly made and seconded, it was voted to sign 1971 License First Class Auto Licenses for the following Lexington Auto Sales 409 Massachusetts Avenue Auto Engineering 436 Marrett Road Rowe Chevrolet 33 Bedford Street Lodging Upon motion duly made and seconded, it was voted to sign the License 1971 Lodging House License for Wild Acre Inn, 50 Percy Road. Upon motion duly made and seconded, it was voted to sign the Common 1971 Common Victualler Licenses for the following Victualler License Bamboo Hut 177 Massachusetts Avenue Hancock Market 6 North Hancock Street Pine Meadow Golf Club 255 Cedar Street Friendly Ice Cream 66 Bedford Street Honeywell The Chairman read a letter from Honeywell Information Systems, Emergency Inc , 200 Smith Street, Waltham stating that their property abuts the Connection Lexington boundary line and they request consideration for an emergency fire protection connection to the Lexington water main in Spring Street, this service would only be used for the protection of personnel and property in case of fire, if there is a failure of their primary service from Waltham. Mr. McSweeney said that he had talked with Honeywell two weeks ago but had not discussed the situation with Waltham. We would like to include in this proposal a backup service for Ginn and Com- pany. The Chairman felt that this request could present some problems to us, depending on how the connections were; it would depend on what the final design would be. Mr. McSweeney said that it would be in the best interest of Lexington and Waltham, if approved, to connect together with gates on the street. The Chairman asked if they were looking for this definitely on an emergency basis? If we let them use it in case of an emer- gency, what about the other 364 days of the year? Mr. Greeley asked if a gate could be designed in such a way that it would be only for fire department use? The Chairman replied, no, it will still be a dead end line. Mr. McSweeney was instructed to talk with Honeywell and the City of Waltham and report back to the Board The Permanent Building Committee met with the Board. Mr. Taylor said that they had asked for this meeting in order to have a chance to explain the road situation at the new Junior High a little better than last week. There are two separate problems; first there is the question of the road connection be- tween Allen Street and Brookside Avenue; we have not provided a road that could be used by the public because it is not necessary New to be required by the school program not necessary to the function Junior of the school . A road connection through there opens a certain High amount of through traffic from the other school and there was a School recommendation earlier by the Traffic Safety Committee for another access into the school from Waltham Street and we have voted not to ask for that at the present time; it might be in the future. The critical thing is for emergency vehicles; this walkway is going to be 12' wide and can be plowed by a big truck; there will be a safer berm and that will be plowed with the rest of the roads in the area and would always be open to the fire and police de- partments. The real problem of a traffic road in that area is the question of the feasibility of the grade; that area is very steep and we calculate it to be a 7 3/4 percent grade and that makes it a difficult situation for a road (by comparison, Concord Hill is 6 percent) and if used by buses, it is undesirable and we would lose the big turnaround. The bus unloading would have to be done and this would be a worse solution to the problem than the one we now have. That is the reasoning on that point and Mr. McSweeney is in general agreement and it presents an undesirable situation I 304 The other aspect is the proposal for some kind of access at Marrett Road. The Fire Deparment has requested an access there but the Police have not formally requested, nor the Planning Board We haven't provided anything there on the school site If a walkway is necessary, Stedman Road would be ideal and probably could be paved as a walkway The request for access for emergency vehicles doesn't impress us from a logical point of view. It may well be that nothing can be done with Stedman; we recognize the legal problems. It may be that no children are going to come in on Marrett Road because everybody up here would be bused and there may be no use for a walkway but on the other hand, it may be heavily used and there may be a real traffic problem at the bad curve and we might want to provide a turn-off in the area where cars can get out. We don't know what the prob- lems would be and feel it would be foolish to spend $20,000 when it might turn out to be in the wrong place, and we would like to pass that point and then sit down with the Boards and figure out what the use would be or the problems. We can always use State Aid appropriation later on We just don't know what the facts are that we could base a decision on. The Chairman thanked the Committee for coming in. The Permanent Building Committee retired from the meeting . The Chairman read a letter from the Lions Club requesting 4th of permission to hold the 4th of July celebration on the Lexington July Center Playground. The Board agreed to refer this request to the Town Manager for a joint meeting to be held with everyone involved Upon motion duly made and seconded, it was voted to approve Minutes the minutes of November 16 and November 30, 1970 The Chairman read a notice from the Department of Natural Resources informing us that the following appropriations are to Pest be made $8,000 for insect pest Control; $ 15,000 for Dutch Elm Control Disease Control . Mr Greeley asked if the notice said anything about the pesticides used? The Chairman replied in the negative. The Board agreed to get some answers on the program before Town Meeting. Waltham St. Upon motion duly made and seconded, it was voted to sign the Sewer Con- Order for Construction of Sewer on Waltham Street, a point 242 ntruction feet, more or less, northeasterly of the Lexington-Waltham line, a distance of 791 feet, more or less, northeasterly. The Chapter 90 program was discussed. Chapter The Chairman said that Mr O'Connell, Mr McSweeney and I 90 had our meeting with Mr. Kiernan of the State DPW and we recapped the status of our Chapter 90 program Of the monies appropriated, 305 we have $32,000 left on Massachusetts Avenue and that would have to be transferred by Town Meeting We have $ 17,000 left that was designated to Lowell Street in 1968 and the only place it could be expended would be Lowell Street; the State recommends it be spent on the intersection of Lowell and East Streets, updating it, and agrees to put a set of signals in at Lowell and East Street Mr Kenney said that he travels that street and has no problem. The Chairman said there is a problem at 4 00 p.m. Mr Kenney said that we finished the project; why must $ 17,000 remain on Lowell Street? The Chairman said that all the forms we signed designated it for some part of Lowell Street. On the $32,000 for Massachusetts Avenue, the reimbursement money is gone, this is all ours Mr. Greeley asked what would be done for $ 17,000? The Chairman replied, a set of lights and curb the four lengths of the intersection back 25' to 50' on the four sides. Mr Mabee said that we could use a stop sign. The Chairman said that we have to make a determination on Worthen Road. In 1969, we had $60,000 on that 550' or Worthen Road. We have three choices I . Leave it there and accumulate it. 2. Cancel the contract and lose $45,000. 3. Assign it to a new location - Marrett Road to Colonial Acres. In 1970, we assigned the money to Worthen Road and East Street. We have $35, 100 86 available in Chapter 616 and $ 17,550.43 in Chapter 768, a total of $52,651 .29 Mr McSweeney, Mr. O'Connell and I talked about this. Mr Kiernan tried to talk us out of the pedestrian control light at Winchester Drive and Lowell Street, but he agreed to sign the paper and send it in. Mr McSweeney said that he had received the letter this after- noon The Chairman said now that the commitment is signed, we can get a schedule. We were thinking of the Board considering using Chapter 618 and 768 Massachusetts Avenue money on East Street and we wouldn't have to use Chapter 90 Mr. Greeley said that East Street was about $85,000. The Chairman said, plus the $ 17,000 for the intersection We could use the 1970 Worthen Road money but we would have to go back to Town Meeting Mr. Greeley said that you are saying $ 120,000 for the stretch of Worthen Road Mr. Mabee said he was interested in Spring Street The Chairman said that we can't spend $60,000 on that; we can do Marrett Road to Colonial Acres. Mr. Mabee was interested in Spring Street and the 616 money you don't have to tie in the County standards; there is a house every 100' on both sides of the street 30i The Chairman said that if we go onto Spring Street, we would not get one-quarter of it done and we would have to use Town funds We should design the whole thing and we don't have the time to do that with Spring Street because 616 and 768 has to be spent by June I , 1972. Mr. Kenney said that we would have $ 180,000 for this piece between Marrett Road and Colonial Acres if we assigned 1971 Chapter 90 money The Chairman said that it was 1530 feet and we wouldn't need $ 180,000 We could assign it to Worthen Road and Spring Street if there was any left. Mr McSweeney said that they do want us to commit it The Chairman said as you know, we are faced with signing this agreement with the State. Mr Kenney asked what happens if we drop this proposal? The Chairman said that we have to go back and tell them We can use the Chapter 90 money on East Street and build one small section for $60,000 Do we all agree that on our next Chapter 90 money on Spring Street? Mr Mabee said that we have more flexibility with Chapter 616 Mr McSweeney said there is no question on Worthen Road will take the $ 180,000 This is the best place to assign the Chapter 90 and we would feel we have something completed If you go over to Spring Street, you could do nothing less than a 30' pavement and we had a price of $ 160,000 Mr. Greeley said we could use 616. Mr. McSweeney said that we only have $35,000. Mr Mabee said, plus $ 17,000. Don't try Chapter 90 money on Spring Street We haven't talked over the new formula of the Street Committee. The Chairman said these are the areas locked in. Mr. Mabee said he would go along with Worthen Road The Board avoids Spring Street. The Chairman said it would take two years; the whole thing must be designed He asked what do we do with the Worthen Road money? Upon motion duly made and seconded, it was voted to recommend Worthen that we spend 1969, 1970 and the upcoming 1971 Chapter 90 money on Road Worthen Road from Colonial Acres to Marrett Road. The Chairman asked on what basis would they spend the Chapter 768 money and the Massachusetts Avenue money? It would cost $90,000 on East Street from the, Lowell Street line to Vine Brook. Mr. McSweeney said that it would be a 30' pavement, same as subdivision streets Mr. Greeley asked whether we spend $85,000 of past monies only or whether we add $ 15,000 to it and whether we get the new appro- priation for that? The Chairman replied, if we get the new appropriation. Mr. Greeley thought we ought to make a try at it. I 307 Mr. Mabee said he would like to make sure we get started on the design work on Spring Street The Chairman said there is not enough money to do it; we can appropriate design money for Spring Street. Spring Street would not be a betterment street, it would be reconstruction Chapters 616 and 768 money can't be used for betterment streets, only reconstruc- tion Mr. Mabee thought it was ideal for 616 money. Mr. Greeley asked if we need money for the Trinity Covenant, where would the money come from if we did feel we want to put some money in on the Bowman School property? The Chairman said that $35,000 of 616 money was on Worthen Road; it would probably have tome under the reimbursing of subdividers. Mr Greeley thought this is a street project we may have in the offering. Mr Mabee said we have East Street taken care of; you have $52,000 plus $32,000. The Chairman said we can get them to stretch the $ 17,000, down far enough to meet our grades on East Street Mr McSweeney said that we can have them, but not in the same contract The Chairman assumed we would have to go to Town Meeting to transfer all the money including the $ 17,000.00. Upon motion duly made and seconded, it was voted to recommend the completion of the section of East Street from Lowell Street to the Vine Brook culvert, including the intersection, using primarily, Chapter 616 and Chapter 768 monies and the Massachusetts Avenue money Upon motion duly made and seconded, it was voted that it is the consensus of the Board that we ask for planning money for the survey and preliminary design of Spring Street, and ask the Town Engineer for a realistic figure. Mr. McSweeney asked if the Board wants this engineered and de- signed outside? The Chairman said that we should have it surveyed by someone outside to get the thing done and put enough money in for this to be a possibility. The Chairman asked the Board to consider putting an Article in the Warrant to take the layout of the land between Marrett Road and Colonial Acres The Board agreed to hold the letter from the Lynn City Council regarding the MBTA assessments on cities and towns and the vote taken MBTA by them to request the Governor to veto the proposed MBTA bond issue of $300,000,000 This is to be discussed with Lincoln P Cole, Jr. Upon motion duly made and seconded, it was voted to accept the Special recommendation of Chief Corr and to appoint Peter Greeley as a Special Police Police Officer. Mr. Greeley would be employed by Harvard Trust 3 S The Chairman read a report from the Traffic Committee recamm mending that a sign reading "We Take Traffic Safety Seriously" be Traffic added beneath the sign "EnteringLexington" at the Five Forks 9 Sign traffic island on a trial basis The Board agreed to inform the Traffic Committee that it had no objection to the addition being made on a trial basis. The Chairman read a report frau the Town Engineer regarding 6 petition received from residents of Thoreau Road requesting a "Cau- Thoreau Rd. tion, Dangerous Curve" sign because of a blind rise, also, damage Traffic to property because of cars going over lawns. Upon motion duly made and seconded, it was voted to instruct the Acting Superintendent of Public Works to install the caution sign on Thoreau Road and the Board will consider the installation of granite curbing on Thoreau Road on a priority and appropriation basis The Board agreed to inform the petitioners of the vote and, also, to point out that the request for a Children Crossing sign was not warranted at this point as there was no provision for such a sign in the Massachusetts Rules and Regulations. Mr. Greeley suggested a re-wording of the procedures recom- Street mended by the Street and Sidewalk Reconstruction Committee. Procedures The revised copy is to be discussed at the next meeting of the Board. 111 Mr. Greeley informed the Board that the Lexington Commission on Suburban Responsibility is anxious to support the housing on the Trinity Covenant Church land One of the steps they would LCSR like to take in order to bring about the education of Town Meeting Trinity Members is to co-sponsor, with the League of Women Voters six pre- Covenant cinct meetings in which various proponents and also representa- tives of local citizenry organized to oppose this would be invited. These would be closed meetings in private homes and only people making presentations and Town Meeting Members would be invited. I felt we should tell the Board and get the reactions before there is a general commitment to do it Since our meeting, the League met again and agreed to have someone from the Franklin Association specifically invited rather than have them represented. They as- sume there will be an Article in the March Town Meeting but don't expect action on the road at the January Meeting The Chairman said that the Planning Board unequivically said it would not support this issue without this action being resolved. Mr. Greeley asked if the Board had any objection to LCSR co- sponsoring the Meetings? The Commission is on record for the zon- ing change and the League officially agreed to sponsor them. It 309 is expected there will be a member of the Franklin Association present and he will be instructed that this in no way affects the Board of Selectmen. The Board had no objection Mr Greeley informed the Board that LCSR had agreed to appoint two representatives of youth to the Commission and six nominees must be submitted; there are only two. Mr Greeley discussed the appointment of two high school repre- sentatives to LCSR and the Board agreed not to make the appointments to the Commission. 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 interests 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 II 00 p.m. A true record, Attest ' Executive Clerk, Selectmen OI