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HomeMy WebLinkAbout1970-10-26-BOS-min 200 SELECTMEN'S MEETING October 26, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, October 26, 1970 at 7 30 p.m. Chairman Cataldo, Messrs Mabee and Kenney 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 Hearing was declared open upon petition of the Boston Edison Com- pany for permission to construct and locate 15 feet of underground conduit on Marrett Road (Bedford Airport Road) at Massachusetts Avenue -Notices of the hearing were mailed to the petitioner and file with the Town Engineer Mr Pratt, representing the Boston Edison Company, was present and said that this petition is for 15 feet of conduit coming out of our right-of-way through the grass plot and up the existing pole and wires The Chairman asked if anyone present had a question? Marrett Mr. Perkins of the Minute Man National Park asked why this con- Road duit was needed Conduit Mr Pratt said that this was for increased service at the request of the Massachusetts Port Authority. Mr Perkins had no further questions. The Chairman declared that part of the hearing closed. The Chairman asked if anyone was present in favor of the petition No one appearing in favor or in opposition, the Chairman declared the hearing closed. The Chairman informed Mr Pratt that the Board would take the petition under advisement The Chairman asked Mr Pratt to request Mr William Jones of the Boston Edison Company to call him or Mr O'Connell in the morning Mr Legro discussed the Boston Blacktop contract for two tennis courts He said he had reviewed it briefly and has questions on the Certificate of Insurance; failure to cover automobiles and failure Tennis to cover XCU underground. The date will have to be corrected on the Court Certificate of Insurance; on the coverage, both might be waived by Contract the Board but he didn't think it is good policy where other bidders have had to take these into consideration Mr McSweeney has raised the question regarding the name of Boston Blacktop Corporation; it was incorporated in 1962 as Boston Blacktop and Sealcoat, Inc and that seal occurs on the signature page as well as on the bond; it was legally changed in the records of the Department of Incorpora- tions in 1966 to Boston Blacktop Corporation There is another little technicality, the vote is dated today and I have received it today These technicalities ought to be corrected but the Board can vote to sign the contract, subject to correction of these techni- calities. 256 Upon motion duly made and seconded, it was voted to sign the contract with Boston Blacktop Incorporation for the construction of two tennis courts, in the amount of $ 12,470, subject to the correc- tions recommended by Town Counsel . Mr O'Connell informed the Board that a letter had recently been received from the Labor Relations Commission confirming the Police dismissal of the complaint previously filed by the Lexington Betterment Police Betterment Association We have just received a letter listing the new officers of the Police Association and they have contacted me to set up an early meeting to discuss the contract members I have talked with Mr. Kenney and we should proceed to set up a meeting to talk. Mr O'Connell reported to the Board that the Town Treasurer, Town Comptroller, a representative of the New England Merchants National Bank and I met with Moody Investment in New York and pre- sented a good up-to-date picture of Lexington. We were highly complimented on our presentation and were advised that our rating would be changed from A to A- I, which is an improvement, but not the AA rating we were after. One significant factor was what action the Town will or will not take relative to finishing the Junior High Moody' s position seems to be that if in 1971 the Town voted and is selling bonds, it is doubtful they would agree to AA. If the Town did not vote and did not bond it, then it is likely that Moody Moody would give the AA rating Rating Mr. Mabee said that in other words, the addition would not put us in an AA category Mr O'Connell replied, yes; we don't agree with this in rela- tion; to other towns. They commented very favorably on ( I ) Lexington had paid off $ I M and (2) the fact that the Town had chosen a 5-year term rather than longer, although legally it could; it was a very prudent policy The Chairman said that in going through the presentation, look- ing at the comparison of the rating of other surrounding towns, they still couldn't see fit to raise our rating We are enjoying interest rates that would give us a better rating and 1 question why we con- tinue that service and the advantage in going to them Mr O'Connell didn't think anybody knew the answer, Moody has just started charging the fee Any change in Lexington' s rating is significant, these large investors have their own calibration and if they call Moody and get an A rating, they quote an AA interest rate Therefore, any change Moody makes is significant. We are a little bit in the dark now but we can learn Mr Mabee asked when Moody investment Service started charging? The Chairman replied that they voted the $600 fee a month ago and it just went into effect Mr Kenney asked if they were apprised of the possibility of the bonding of the Library? 2 ) 7 Mr O'Connell replied, yes, but they didn't comment specifically on that One significant thing came out of the discussion with them on this $600 fee, there is some amount of bond advertising that toes with the listing If they had reviewed the insured, then the bond buyers go in their regular bulletin the rest of it, I think, is purely an updating Mr Mabee said he was glad we did move up The Chairman agreed but said we would get the advantage of an M rating Mr Thomas Taylor met with the Board Mr O'Connell said that he had asked Mr Taylor to meet with us to answer, firsthand, questions relative to the flexibility or lack of flexibility of the Board of Education as it would refer to Janu- ary II Town Meeting The Chairman said that we have no objection to January II but, taking everything into consideration, to go through the mechanics during the Christmas holidays, we thought if you could go over to the next week, it would be better all around. Mr Taylor said that the Board of Education meets every month on the 26th and we don't know if we could get them to change the date and we would have to have a special meeting date with them Also, we want to be sure to complete Fahy referendum. The Emergency Finance Board meets twice a week and they just need a couple of days' notice The Chairman asked if he would rather have January II? Mr. Taylor replied, yes, even if it is on that date, we have a problem with a referendum and we must have that out of the way be- fore the State approves this project I haven't checked into the question of whether the State Board of Education would meet Special Mr O'Connell said that we thought we would have this meeting 9 Town first; we can explore that later Meeting The Chairman said if that' s the only problem, we could contact them and get them to call a meeting for you. Mr Taylor asked if the Board feels it is too close to the Holidays? The Chairman replied, yes; it means we would have to mail it on December 28 to guarantee delivery in seven days The Chairman said that it means we would have to mail it on December 28 to guarantee delivery in seven days; to back up, we have to get it to the printer before Christmas and it has to be addressed Mr. Kenney said that if Town Meeting is on January 18, you would have the 19th to 26th to get the vote, and to put aside the referendum - either way, you aren't going to have the outcome of a referendum. Mr Taylor said that on the 25th, you would know whether there would be a referendum; if so, you would be in a position to give the State Board of Education a copy of the vote without a contingency If it is on the 18th, you would have to wait for the 25th before we know whether there is going to be a referendum. 25 Mr Kenney said that you will know whether there will be a referendum; why not proceed? Mr Taylor said we would have to change the bids; if we re- ceive the bids on the 6th, we can't hold it on the 18th Novem- ber 23 gives bidders time to bid before Christmas The Chairman asked if he felt there was enough time for his dates to be to his best advantage and on January 6 and January II to make all the evaluations? Mr Taylor replied, yes, you can't get the bids too soon, the time period can't be too great, 'this gives time to get it into the newspaper and hold an informational meeting. The Chairman asked what Mr Adam' s position is to hold the newspaper? Mr Taylor said that Anne Scigliano had told him that if the bids are received on Wednesday, they would be in the paper. The Architect sees no reason for the bids not to come in on the 5th, and that will give us enough time. There may be a number of Articles in this Town Meeting and it is important that Town Meeting end on that Monday night, rather than Wednesday as that advances the referendum period. The Chairman said that they still have enough time We would like to get the housekeeping articles out of the way to reduce the March meeting and we don't see any important issue; we have no con- trol over citizen' s articles, we asked the Boards and Commission for just housekeeping and once we see what it looks like, we can recommend to wrap it up in two meetings. Mr Taylor said that he had asked through the Town Manager if the Selectmen are thinking of taking that Stedman Road area The Chairman said that would have to go on this Warrant; we will put in whatever you want The Board has requested that when you send in an Article, send in the whole sheet of what you want and we will insert them in that way Mr Legro asked if it is going to be a layout of a public way? Mr Taylor said they asked for a taking for school purposes, sidewalks and driveways on Stedman between Brookside and the Frank- lin School property Mr Legro said, which is crudely constructed The Chairman said that you don't want us to lay it out, then. Mr Taylor said, no. There has been a survey by Miller and Nylander Mr McSweeney said, not of Stedman Road Mr Taylor agreed, it is of our site Mr Mabee presumed he would need a description for the Article Mr Legro said we would need one adequate for a description for the Article and the Motion The Chairman said that Miller and Nylander has done the survey of the area, can they compile a plan for the purposes of an Article? Mr Taylor didn't know The question is who needs to prepare the plan, do you want Miller and Nylander? 1 259 The Chairman replied, yes, we will need this quickly if they have done the survey of the actual site. Mr Legro said that we need what to appropriate it for, too, there are various land owners abutting it, as far as we knew The Chairman asked if he knows anything about abandoning it by the County Commissioners? Mr. Legro said that from most of the County Commissioners' re- cords of the 19th Century, it is pretty hard to tell how they laid out a way Mr. McSweeney said there was no legal record in the minutes of a meeting and in the County Commissioners' offices whether it is a whole street or a half a street Mr Taylor said we still want the Selectmen to lay out the other half of it; it is still in the plan. Mr Legro said that taking of a footpath will present financial problems Mr. Taylor supposed we could get a footpath down through the playing field The Chairman said they could cut one 10 feet, the sidth of a bulldozer blade. You realize parents don't want the children walk- ing in the woods; if we got out in the open, we wouldn't have that complaint Mr Taylor said he would have the Architect look at the cost of it Mr Legro added, and maintaining it Mr. McSweeney said it was one thing to say you will do it and another thing to take on the liability of a footpath at Marrett Road. Mr. Taylor said that one other thing is if used by the Franklin School , still there is a problem as there has to be some footpath over to the Junior High Mr O'Connell said that relative to the problem at Marrett Road, has the Committee given any thought to the fire department' s position? They will ask for access He asked this question because it may be related to the footpath problem The Fire Chief has advised me that he would like to see an emergency access road from Marrett Road; from the concept of two roads, it would produce a bottleneck or one common meeting place at the school The Chairman asked Mr Taylor if the Department of Public Safety has approved it? Mr. Taylor thought they have, but not the final plan The Chairman asked if it were of just one access? Mr. Taylor replied, of two - one from Allen and the other from. Brookside The Chairman said, but not Marrett Road Mr O'Connell said that from the standpoint of emergency, the fire Chief pointed out that Brookside and Allen meet on the school site and they would like to be able to get at the other side of the building from the other side of the road The Chairman asked what is their reluctance to this? 260 Mr. Taylor said he didn't know how or where you would put a road as there is a tremendous length of road over some poor ground conditions, he doubted it would support a road and would cost a lot of money. Mr. Mabee said that Mr. O'Connell is asking for a sidewalk ten feet wide and to call it an emergency entrance for the fire depart- ment, and use it for a double purpose Mr Taylor said, if we get another sidewalk from some other place. Mr McSweeney said that the other way they all come in at the same point Mr. Kenney asked could we close off the existingobtpath7 Mr Taylor didn't know the answers but would look into them; he would see if we can find a place to put it. The Chairman reminded Mr Taylor that the Warrant closes on November 13; we will place you at number one, if that' s where you want to be Mr. Taylor agreed and retired from the meeting. Jan Special Upon motion duly made and seconded, it was voted to call the Town Meeting Special Town Meeting for Monday evening, January II , 1971, at 800 p.m Upon motion duly made and seconded, it was voted to authorize ABC Election the package goods stores to remain open during the usual hours on Day Election Day, November 3, 1970; motels and clubs may serve liquor during the usual hours Upon motion duly made and seconded, it was voted to accept Resignation with regret, the resignation of Franklin C Hudson from the Asso- ciate Members of the Historic Districts Commission, .effective December 31 , 1970 Upon motion duly made and seconded, it was voted to certify Cert of the character of the following who has applied for Certificate of Incorp Incorporation Edwin M. Schur 26 Hayes Avenue "Massachusetts Sociological Association, Inc " Upon motion duly made and seconded, it was voted to sign the Abatement abatement for sewer house connection to Barry R Perles, 4 Long- fellow Road, $ 17 10 billed in error Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen' s Meeting held on October 19, 1970 The Chairman read a letter from the Town Clerk regarding a Dem Town letter addressed to the Board from Daniel E Power, Chairman of Committee the Democratic Town Committee Mr Power serves notice of protest 26i over the recent selection of Mr Rooney as one of the Wardens for Democratic voters, Mr Rooney by his own choice has become publicly involved in the campaigns of candidates of another party, signing political ads and canvassing the town on their behalf Such ac- tions, we believe, are inconsistent with his selection as a War- den for Democratic voters and contravenes the intent and spirit of the Massachusetts election laws The Town Clerk stated that according to Norman Gleason, State Supervisor of Elections, there is no provision in the election law that says that an election officer can be removed for endorsing or working for a candidate of either party before the election But, on election day, according to the General Laws, C 54, s. 13 an election officer may be removed by the mayor, with the approval of Conflict the aldermen, or by the Selectmen, after a hearing, upon written of charge of incompetence or official misconduct preferred by the city Interest of town clerk, or by not less than six voters of the ward, or, in a town, of the voting precinct where the officer is appointed to act The Chairman said that the Town Clerk submits a list of Wardens to the Board. It is Mr. Rooney' s right to work for anyone he chooses, except on election day. Mr. Legro said that the Chairman of the Town Political Committee may submit a list and, if he does, the Board must make an appointment from that list, otherwise the Board makes appointments from the list of registered voters The Board agreed to reply to Mr. Power that it can find no pro- vision in the election law that says an election officer can be re- moved for endorsing or working for a candidate of either party prior to an election, but if he can find anything in the law to the con- trary, to inform the Board in writing and it will be considered further However, if the Board finds an election officer working for any candidate on election day, he shall be removed from his posi- tion Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on the following streets Sewer Orders Oakmount Circle Outlook Drive The Chairman informed the Board that three letters have been re- ceived from the Conservation Commission asking us to investigate three sites as possible violations of the Hatch Act. The Town Engi- neer has submitted a report stating, in part, the foldowing informa- Hatch Act tion Woburn Street opposite Marshall Road; This filling of land is definitely a violation of the Hatch Act and a Cease and Desist Order should be requested of the Department of Natural Re- sources 262 Carnegie Place The development of the pond and the filling of the surrounding area by Mr. Spagnolo does not conform to the subdivision control plan as ap- proved by the Planning Board This should be re- searched further but, in the meantime, it should be brought to the attention of the DNR Sellars Dairy Land - 430 Concord Avenue This ap- pears to be a violation of the Hatch Act as the own- er is filling in a low marsh area adjacent to a large Town brook that flows into Hardys Pond Upon motion duly made and seconded, it was voted to request the Deparmtnet of Natural Resources to issue Cease and Desist orders in the above areas The Chairman said that a request has been received from the Krebs Krebs School for traffic lights at Concord Avenue and Waltham School Street; a report has been received from the Traffic Committee that the Town Engineer will conduct traffic counts necessary to deter- mine whether a traffic light or a flashing light would be warranted at this location and the findings will be reported to the Board The Board agreed to discuss next week the nominations for an Outstanding outstanding municipal employee of 1970 to be submitted to the Employee Massachusetts Association of Cities and Towns The Chairman read a report from the Traffic Committee regard- ing Lincoln Street; it states that suggestions have been received from Mrs Westerman and residents of Lincoln Street but the Com- Lincoln mittee felt they were unacceptable The Town Engineer and Mr Street Zaleski recommend a non-standard Sign, to be used at Five Forks Traffic for a trial period and, depending on public reaction, be either removed or similar signs placed at other entrances to Lexington from State highways The Board agreed to inform the Traffic Committee that it agrees with the Committee' s position on a non-standard sign but with a much reduced legend Mr O'Connell will work with them to accomplish this and, as soon as the legend is agreed upon, to in- form the Board The Chairman said that the Traffic Committee has received a complaint from Mr John' s Beauty Salon regarding the former Douglass Douglass parking lot being occupied by all-day parkers, leaving no space for Parking his customers Lot The Board agreed to inform Mr John that complaints should come to the Board to be processed Mr O'Connell was instructed to implement the accepted plan to meter the lot with used parking meters and Mr John will be so advised 263 The Chairman informed the Board that he had talked with Mrs Kelley of 93 Sylvia Street, Arlington, regarding her request to purchase Lexington-owned land located at the rear of her home No one knew how we acquired the lot and rather than research it, I Kelley asked Mrs. Kelley to meet with me Mrs Kelley wants to purchase Request lot #13 to be combined with lot #26 only and to be used as a sepa- rate building lot The Board agreed to inform Mrs. Kelley that it would only con- cur selling lot #13 to be annexed with both lots #26 and #27 and that to be considered one building lot Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect Executive the public security, the financial interests of the Town or the Session reputation of any 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, ft was voted to adjourn at 10 20 p.m A true record, Attest ' Executive Clerk, Selectmen