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HomeMy WebLinkAbout1970-10-05-BOS-min 234 SELECTMEN'S MEETING October 5, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, October 5, 1970 at 7 30 p.m Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey, 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, two jurors were drawn as fol- Jurors lows Gerald Amodeo I Anthony Road John C Brown 7 Blinn Road Mr. Legro reported to the Board that he had reviewed and ap- Belli proved the contract awarded for streets, drains and sidewalks to Contract A R Belli Corp Mr O'Connell gave each member of the Board a report on the Fuel Oil local study on fuel oil which was made, at my request, by the Disaster Control Committee We will discuss this at the meeting next week Mr O'Connell gave copies, for the Board' s consideration, of a recommended regulation on open burning He said he had taken them from stage 7 of the State regulations on open burning with deletions, such as the State Board of Health as the administrative agency and Open making it the Fire Department Burning The Chairman read the regulations and said he thought there was a section that would apply to land clearing, as such; it only refers to agriculture Mr. O'Connell said that we could strike out "agricultural " The Board agreed to have a writtenpermit for land clearing. 9 9 Motion was made and seconded to accept the amended open burning regulations, as recommended by the Town Manager, to become effective October 16, subject to the Town Counsel' s approval of the form Mr O'Connell discussed leaf pickup and asked if it would be possible to ask the citizens to take them to the dump and, based on Leaf our experience, the Board could then vote to have leaf pickup Pickup Mr Bailey asked if he planned on making bags available? Mr. O'Connell said it is our intent to make bags available at cost, a disintegrating type of bag. 235 Mr. Greeley said he was not ready to vote for the burning restric- tion if we are not going to collect the leaves It is short notice and there is no decision to help the citizens out of their dilemma I am not ready to say we can't burn them Mr. Mabee agreed and said if you impose a restriction on burning, there are people who will say if you don't pick them up, I will burn them. The Chairman asked what if we put this ban in effect in November and Town Meeting wants to vote on it? Mr Greeley moved to reconsider the motion Motion was made and seconded to reconsider the motion on open burning. The Board further discussed the regulations, including Section 5- Variances, which states that the Board of Selectmen, upon recommenda- tion of the Town Manager, or upon application to it by any person or group, after due notice and a public hearing, may vary any section of this regulation as it may deem. necessary for the public good or to allow undue hardship. Variances, when granted shall be 'i•n writing and shall not extend beyond July I, 1971 The applicant shall assume all costs such as, but not limited to, the publishing of legal no- tices incidental to the application for and granting of a variance Upon motion duly made and seconded, it was voted to adopt the open burning regulations as amended, which will include Section 5, to take effect October 16, 1970, subject to Town Counsel ' s approval of the form Upon motion duly made and seconded, it was voted to authorize Leaf the Town Manager to schedule leaf pickup in the Town and limit it to Pickup two Town-wide pickups Upon motion duly made and seconded, it was voted to request the Leaf Appropriation Committee for a transfer in the amount of $4,000 to Transfer effect the pickup of leaves in the Town. Mr. O'Connell said that we deferred the decision on the contract snowplow rates. My recommendation for the three sizes of trucks which are currently being paid $ 16 an hour is for the Board to author- ize $ 17 50 an hour; where we are paying $ 15 an hour to authorize $ 16 50 (the contractor requested $18) and where we are paying $ 13 50 Plowing to authorize $14 50 (the contractor requested $ 16.50), the rate of Rates $3 00 an hour if the contractor furnishes his own plow; helper's rate to remain at $2 50 an hour, and the hauling rate remain, subject to any DPW approval of a revised rate. Upon motion duly made and seconded, it was voted that the snow- plow rates as presented by Mr O'Connell be approved. Mr O'Connell informed the Board that he had three requests for transfers one from the Vocational School Planning Committee for a Vocational transfer of $:1250 to print and distribute a brochure to be mailed to School the residents The school request has to go on the ballot and this Transfer is a publicity venture to answer all questions I don't know whether the brochure would include all of the agreement I think it would be 236 a mistake to give the citizens part of any agreement on something they are going to be asked to vote for. The Chairman asked what does the legislation call for? We had to mail the complete legislation on the Town Manager' s Act Mr Legro said that all you have to do is set out the sub- stance as a matter of practice you make the whole act available to the public and that is the reason you do it The Chairman said if they are going to print most of it, they are going to need more money Mr O'Connell said that this buys 5,000 copies for the November meeting and to Mail 8,000 in Lexington I don't think the number of pages would change the cost. The Chairman said then you are saying give the complete agree- ment to the public Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Article 49 of the 1969 Annual Town Meeting, in the amount of $ 1 ,250. Mr O'Connell said that a request has been received from the Health Board of Health for a transfer of $4151 to pay current operating ex- Transfer penses for TB care of two patients in Middlesex Sanatorium for an estimated total of 75 days Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count #3300, in the amount of $4151 Mr O'Connell said that a request has been received from the Veterans' Agent for a transfer of $ 10,000 for additional hospital Veterans and nursing home bills, because of increased hospital rates, an Transfer increase in the number of eligible veterans applying for benefits due to increased unemployment and certain recipient allowances have been increased since the budget was prepared. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account #7200, in the amount of $ 10,000. Mr O'Connell informed the Board that he had received a request from Mr Daniel Powers for authorization for the Democratic Committee Permit to use the Lincoln Street area for the DeMocratic Committee candi- dates on October 23, from 2 30 to 5 00 p.m The Board had no objection as long as the Committee cleaned up the area The Chairman informed the Board that a letter has been received Patridge offer from the Partridge Associates, Inc. offering as a gift lots 112, 113 of land on and 114 Philip Road These are the three strips of land down at the Philip Road Bowman School Mr. Legro said that we already have easements for public travel through these lots. The Chairman asked if the Board wanted to accept the three lots? 237 Mr Legro said that he will have to pay the taxes up to the date of conveyance; I see no problem abating the betterments The statute requires us to collect the taxes whether it is by gift, purchase or eminent domain. The Board was agreeable to accept the lots, up to the point of taxes. The Chairman said we will write back and tell him we are inter- ested and for him to contact us to discuss it Upon motion duly made and seconded, it was voted to certify the Cert. of character of Herbert C Siegert, M.D , who has applied for Certifi- lncorp cate of Incorporation, "Community Action for Youth, Inc " The Chairman read a letter from Mrs Arlan requesting a meeting with the Board and residents of Bridge Street to discuss the traffic problem between 4 00 p.m. and 6 00 p.m. The Chairman said that Chief Corr had a visit from Mrs. Arlan Bridge and she then came to the Board I answered her that Chief Corr was Street going to keep this under constant radar surveillance. As we all dis- cussed it when the people of Bridge Street came in to have it ac- cepted, they felt they could accept the problems of Bridge Street How does the Board want to handle this? The Board agreed to schedule a meeting with the residents of Bridge Street. The Planning Board met with the Board Mr Lund said that they had come to discuss Worthen Road and were looking for the comments of the Board. Mr Greeley said he would buy the recommendations of completing it to Marrett Road and holding in escrow the right of way through Worthen to the present street, with no immediate plans to improve it as a Road vehicular way I don't quite read what the consultant recommends and the Planning Board endorses The Chairman said that he is saying not to hook it to Route 2 Mr. Greeley said that it seemed to him that efforts to dis- associate Pleasant Street from this issue are reasonable but he didn't think the Planning Board disassociates it. It is essential that we look at these intersections. Mr Lund said we would not be asking for constructing to the intersection of Route 2 and would not be getting the assistance from Worthen Road to Marrett Road to the school built under Chapter 90. Mr Greeley thought he left open the possibility that the Church people might build it as a subdivision street. Mr. Lund said as far as the subdivision is concerned, a road would be a barrier and would eventually be constructed by Chapter 90; a barrier in terms of cutting people off from a large area Mr Greeley said this is a change from earlier. Mr. Lund said we would want a reserve corridor there 23S The Chairman said you are saying you will let him build the sub- division with access other than Worthen Road. Mr Lund said he would build to the portion of Worthen Road and to Clematis Road. The Chairman asked if they would let him hook onto Clematis as it now exists? Mr. Lund said the answer is yes; there would be a vehicular road cross Waltham Street and would require a deed to the Town. Mr. Worrell said that Trinity Covenant showed a sketch of how they would lay out and estimates of cost given in this statement were made at the time for at least part of the subdivision; these costs would have to be upgraded If we are going to build Worthen Road, we would have to go across almost all of their property. The Chairman asked would the Church build on the left hand side and would they build down to Worthen Road as it is now pro- posed? Mr. Lund said they would be at least one house lot back The Chairman asked could they build of Worthen Road were built? Mr Worrell replied they are just not going to build on the peat. The Chairman said if Worthen Road is located in such a location, if they could build on one side of it and the Town participate to a point to take this into consideration. .. Mr. Greeley said if the Town doesn't buy the zoning change, the subdivision will change. Mr. Mabee said he would go along with this but from Marrett Road to Pleasant Street would be kept open Mr Lund said that right now it won't be needed Mr Lund mentioned that one significant thing is that the traf- fic going through town is town traffic. Mr Worrell wondered if there is any advantage to be gained if the DPW would go along with changing signs for people corning west and not show Routes 4 and 225 where they go. The Chairman said that they would have to change the route designation, they wouldn't just change the sign. We have talked of this before to get the traffic out of the center and we talked of designating this if Worthen Road were to be constructed Mr Worrell said that to make Waltham Street 4 and 225 would take the traffic out of the center The Chairman asked why not give it to the Traffic Committee? Mr Lund informed the Board that for Town Meeting they hope to replace the description designation and put in zoning maps. The Chairman said if we have the Town Meeting, get as many of the housekeeping things out of the way Mr. Lund said we think we are making progress on Muzzey Street Muzzey St Two or three land owners would be willing to give us options to pur- Parking Lot chase their land; the only stumbling block seems to be the Lexington Federal Savings Bank as they have certain plans for the area they now own and are not amenable to the parking lot . 239 Mr. Worrell said that one of our beginning points to increase the parking area is to be able to assure businessmen there will be some provision for all-day parking We have brought this to your attention in the past that the simple way of doing it is by meters operated by quarters. The Chairman said we should get together and see where we are going on the agreements made and to discuss the direction in which we will go We understand Bob Lyon is doing the negotiating Mr. Lund said, not really, he is exploring. Mr Lyon asked if the other owners agreed, would you agree? The Chairman replied that we have made some agreements with owners on other transactions in the center. Mr. Lund asked if the Board might be going to the Appropriation Committee on the drainage problem across Marrett Road at Idylwilde. The Chairman said he understood it is a substantial project and we will consider it as soon as the final recommendations are made. You are talking three or four years' drainage money for that one location and we feel it should be handled like any request If we can provide drainage for them, fine but I don't think I want to Idylwilde spend three years' drainage money for one location. Drainage Mr. Lund didn't think it is an easy decision but it would be helpful to know if you are going to include it this year If not, we could act on that basis The Chairman said it is more than three years' drainage appro- priation in one On the other hand, we have $500,000 in other drain requests that over the years we have been pecking away at Mr Lund said we are not urging you, we just want your decision Mr O'Connell said that we would know within two weeks Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect public Executive security, the financial interest of the Town or the reputation of a Session person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting. The Chairman read a letter from the Muscular Dystrophy Associa- tion requesting that the month of October be proclaimed as Muscular Muscular Dystrophy Month Dystrophy Upon motion duly made and seconded, it was voted to proclaim October as Muscular Dystrophy Month Upon motion duly made and seconded, it was voted to sign the Worthen Memorandum of Understanding between the State DPW and the Town for Rd.-East Worthen Road and East Street in the amount of $29,700 Street 240 Upon motion duly made and seconded, it was voted to sign the Sewer Order for construction of sewer on the following streets Orders Barbary Road Stonewall Road Field Road Banks Avenue The Chairman said that he had talked with Mr. Zehner on the Town Report and he requests that the Town Report Committee be ap- Town Report pointed. Committee Upon motion duly made and seconded, it was voted to appoint the following members of the Town Report Committee Louis A. Zehner Richard W. Hoover George E. Cooper Mrs. Oscar R. Carlson Wilbur E. Cheever Upon motion duly made and seconded, it was voted to approve the Minutes minutes of September 21 and September 28, 1970. Annual Mass. Mr. Bailey reported to the Board that he had attended the Annual Selectmen' s Town-wide meeting of the Massachusetts Selectmen's Association. Lex- Meeting ington had submitted an Article to change the award period for bids from 30 to 40 days, it was unanimously adopted. Upon motion duly made and seconded, it was voted to adjourn at 10.05 p.m. A true record, Attest Executive Clerk, Selectmen