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HomeMy WebLinkAbout1970-09-28-BOS-min 224 SELECTMEN'S MEETING September 28, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, September 28, 1970, at 7 30 p.m. Chairman Cataldo, Messrs 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, Mrs McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, two jurors were drawn as follows Jurors Charles R LaMantia 3 Goodwin Road Lawrence K. Redgate 30 Revere Street Mr O'Connell read a letter from the Planning Board to the Board requesting authorization of payment of $3,000 to Justin Gray Asso- ciates for the Meagherville Study; this amount has been contributed by Meagherville the State Department of Community Affairs and is in a special account Study and may be expended only with the approval of the Board,. The bill submitted was for $4,000 68 and the remaining $ 1 ,000 68 will be pro- cessed out of Article 98- 1970 Annual Town Meeting appropriation. Upon motion duly made and seconded, it was voted to grant the request of the Planning Board to authorize payment of $3,000 from the special account to Justin Gray Associates for the Meagherville Study Mr. O'Connell reported to the Board that he has investigated two written complaints concerning dogs. Mr Vlahos of Arlington Dog had written about the Quincy dog on Aerial Street, this matter has Complaint been settled amicably and he had asked Mr. Vlahos to write a letter to this effect. A written complaint had also been received from Mr Hanson of Massachusetts Avenue regarding another dog in the neighborhood; the Dog Officer had been asked to investigate this and, according to his report, this is just an average dog with normal reactions. Mr. O'Connell discussed leaf pickup. He had been able to get a proposal from Def lice to rent his large body tractor trailer and, Leaf also, one from Dexter, these were offered to the Town at $18 an hour Pickup with a driver He has been exploring ways of getting labor for leaf bag pickup and exploring the use of temporary labor in order not to interfere with DPW labor and he had found it at the high school . There would be no problem in getting 10 to 12 seniors, we estimate 5 or 6 in a crew would be ample and they would be available starting at 100 p.m If we ran the project from 100 to 6 00 p.m., we esti- mate two crews could cover the Town in a Period of 7 to 10 working 22el 1, days, the equipment and labor, assuming there would be one DPW fore- man, would cost $3500 to $4,000 per sweep. If we use DPW crews as an alternate, it would cost $4,000 to $4,500 but it would delay some of the work of the Public Works Department If we use DPW crews, we would have to ask the Appropriation ro riation Committee for less money as we would only be asking for truck rental costs of about $2,000. Either could be made to work If we use DPW crews for 8 hours a day, we could cover the Town jn a week Mr. Kenney asked if he had talked with the Appropriation Committee about this? Mr. O'Connell said that he had alerted them but hadn't quoted anything Mr. Kenney asked about the bags? Mr. O'Connell said that it would take about 100,000 bags of the disintegrating type and we would offer them at cost We are con- tacting the Chamber of Commerce to see if the retail merchants would take it upon themselves to sell them and there would be a place to pick them up. The Chairman said that the first decision to be made, is are we going to ban burning Mr Greeley didn't think we should ban burning and then have the Appropriation Committee turn down our request for a transfer The Chairman said that once we ban burning, we go to them and tell them we need a transfer To what extent do you want to ban burn- ing? The State Board of Health recommended we ban burning. If this is just for leaf pickup, to what point are we going to ban burning? Mr Kenney replied that at this point, it would be the banning of burning leaves The Chairman asked if he would stop the permit for other kinds of burning? Either we do something constructive and do the whole bit, if we are going to do it, if it is just for leaf burning, he was against it. Mr O'Connell said that the Board might wish to consider that all we are trying to do is eet a date in the fall of 1970, which otherwise would take effect in July, 1971; this would spell it out; this is the complete open burning ban, with the exceptions as de- fined in the regulations. Mr. Greeley moved that we make the State regulations regarding outside fires effective in Lexington as soon as leaf pickup can be effectuated and announced The Chairman asked what is the recommended period you are talk- ing about? Mr. O'Connell said that we were hoping to start the last week in October and perhaps do it a month later for the final one. He felt we need three weeks in order to get advance publicity We need a vote at least to indicate a restriction and a vote for the type of pickup and it would not be finalized until it advanced. Mr. Greeley suggested October 16 as the effective date of the ban G.2 b Mr O'Connell said that there were a number of exceptions on the State regulations. He would bring back to the Board next week a specific regulation with regulation 725 altered to fit in. The Board agreed to go forward on this basis and Mr O'Connell is to present the regulations to the Board at the next meeting Mr. O'Connell informed the Board that the Conservation Commis- sion had called to his attention a report that someone had bulldozed Utica St a road in Town property off Utica Street, the former Steeves prop- Land erty We went there and investigated and found that someone had slashed a construction-type road into the property and had dug a sizeable pit to take out gravel and had filled the pit with debris - from the road. We are now investigating to see who had done this and when we find out, we will tell Town Counsel . We are trying to find out the rest of the facts Mr. O'Connell informed the Board that he had received a letter White House from Mrs. Saltonstall , Project Director-White House Conference on Conference Children and Youth, thanking us for the reports which we submitted on Children on the youth programs and needs in the Town Her letter states that these reports contain precisely the kind of information the Massachusetts Committee on Children and Youth is looking for in our effort to establish priorities for action on behalf of children and young people throughout the Commonwealth in the decade ahead. The Chairman read a petition from residents of Grant Street to keep the silver maple tree at 115 Grant Street when the new side- walk is constructed. Mr McSweeney said that a tree hearing was held on September 22 Grant St at 115 Grant Street and a group of citizens voiced their disapproval Tree of the removal of a tree at that address. Two alternatives have since'been proposed 1 Placing the sidewalk on the layout side of the tree, this would demand the taking of approximately 75 sq. ft. of property from number 115 Grant Street, also required would be a slope easement of approximately 440 sq. ft from said lot. 2. Place the sidewalk on the travelled way side of the tree. In order to place the five-foot sidewalk on this side, 1 .5 feet of the travelled way would have to be removed for ap- proximately 90 feet in front of 115 Grant Street; also, since the back edge of berm and front edge of sidewalk would coincide, in the interest of safety it would be ad- visable to replace the berm with approximately 90 feet of granite curb The Chairman asked if the people at 115 Grant Street would be willing to grant the easement? 227 Mr., McSweeney replied, no. The Chairman said that they want the tree to stay but they don't want to grant an easement. Mr. McSweeney said that we proposed the second alternative and we recommend that we install 90 feet of granite curbing. Mr. Greeley asked Mr. Legro what are the pro' s and con' s of a temporary easement, for 10 or 15 years, as opposed to a permanent easement? Mr Legro replied that it was unsatisfactory; what do you do at the end of 15 years? Mr. Greeley said that you re-build the sidewalk The Chairman said that if we take this approach, if the tree died, we could just move the sidewalk back Mr. Greeley felt that kind of easement would cause less damage to the owner. Mr. L$gro couldn't see any difference in the value. I can see your question on whether you could properly lay out a way with an easement for a period of years; I suppose there is a possibility of laying out for a period of time but I don't think there is any wis- dom in it The Chairman said that the Citizens for Conservation have written us a letter to retain the tree. There are many people here tonight who are interested in this tree. The legal date for the hearing would have been set tonight if the Board didn't see fit to act now. He said that he assumed the Board will vote tonight to save the tree and, knowing that, he asked the citizens present if they were agreeable to the Board not voting tonight to the legal hearing? The( citizens agreed. Mr Greeley said that Mr. McSweeney had said he understood the owners would not give an easement; he would like to hear from the owner Mr. Walsh of 115 Grant Street was present and said that he had spoken to Mr. McSweeney and had indicated we were willing to discuss the possibility of an easement but after the hearing last week we were told thatand the hearing was on the tree and not the easement this should be taken up privately Mrs Walsh and I have talked about the possibility of the easement and we are not opposed to it, we are not agreeing to it, as we would have to know exactly what amount of land is involved and what arrangements would be made to relocate the hedges. Mr. Bailey moved that the Board approve the layout, which is a sidewalk going inside the tree, subject to negotiation of suitable easements If this is not possible, the Town Engineer is author- ized to go to the second alternate The Chairman said that they must keep in mind we couldn't build the sidewalk this year as we have to go to Town Meeting to lay it out Mr. Greeley asked if we have enough money for the curbing? Mr McSweeney replied that there is enough money available. Mr. Bailey withdrew his motion and moved that we install the sidewalk outside of the tree ith Upon motion duly made and seconded, it was voted to approve plan No I , to place the sidewalk on the layout side of the tree, for the construction of the sidewalk on Grant Street, and the silver maple tree will definitely be saved. Mrs. Natalie Riff in was present and said that anybody who stands near the tree will see that the sidewalk going behind it is the safer way for children or anybody walking on it, by going behind the tree rather than one and one-half feet in the road. 1 was delighted with the motion to save the tree but please don't close off your decision on the location of the sidewalk. The Chairman said that he was afraid that it did, there is no question there is going to be a definite grade separation as the side- walk is raised and there is a grass strip separated by a granite curb- ing. We don't want it to be like Adams Street, taking into consider- ation snowplowing Mr. Walsh said that the principal reason for us deciding in favor or consideration of an easement was the safety feature; there is a curve there and the possibility of children riding on the sidewalk and the bike going over the edge of the curve and they might fall into the street I have a child and I discussed this with the lady across the street who has a small boy and this was my principal reason, as a safety feature The Citizens retired from the meeting. Mr. Zehner and the Appropriation Committee met with the Board. Mr Zehner said that the purpose of our meeting is to discuss long term financing for the Town Office Building He would like to avoid exceeding the present level of debt servicing that now exists Treasurer and would like to liquidate the debt as soon as possible and avoid Appropriation doubling up on the amortization which would be associated with the Committee Town Junior High Office Financ- It would be better to finance it this fall , rather than in the ing spring Taking it for granted we do not want to exceed 10 years, these figures were expressed as desirable by all people in the bank- ing business Option A $790,000 @ 5 5% for 10 years; at a cost per 10-year interest rate of $302,775 Option B $275,000 @ 4 75% for 5 years at an interest rate of $39, 187 (for remodeling) $515,000 @ 5 50% for 10 years at an interest rate of $ 160,000 (new construction) , total interest rate of $ 199, 187 Option C $790,000 @ 4.75% for 5 years at an interest rate of $ 111 ,862 Mr. Zehner recommended Option C for 5 years as it affords us the opportunity of saving $ 190,000 on interest 229 Mr. Zehner said that he had looked into debt services; by that he meant the cost of principal and interest less State aid we get from the school building program. If Town Meeting approves approxi- mately $4 M. for the Junior High, we would start construction in 1971 We would borrow $2 M in bites of $300 T , $400 T or $500 T. until we had accumulated indebtedness of $2 M (he understood that legislation might be amended) and if we borrow that money in 1971 , we could carry it short term and finance it on long term and the in- terest would not be due until 1973; then we could borrow short term again Our first amortization payments on the second one would come due in 1974. The Chairman said that this would ease the impact on the financ- ing of the Junior High Mr. Greeley asked what would be the period of financing of the Junior Hight Mr. Zehner said that hasn't been discussed, but he had talked with Merchants National Bank; on a $4 M. bond issue, there would be 43% given by the state reducing it to $2,400,000 that we would be responsible for, if this were financed over a 10-year period, we could now get 4 75%, what it might be in 1972 is anybody' s guess. If we take it for 15 years, (the I5-year bond issue is less accept- able in investment circles) we would have to have a higher rate and would be in debt for 15 years rather than 10 years It would be $600,000 for 15 years. The Chairman asked if the Appropriation Committee has discussed this? Mr. Furash said that just now he felt we must look at our re- sponsibility; people are getting used to a certain level of spending and when they are used to the level of the tax rate, they tend to spend at that rate If we maintain the million dollars in debt ser- vice built in, he would rather have it continue rather than have the feeling of other things to be spent and take up the slack. He thought it was a good plan from that point of view The Chairman asked if the committee had a preference of 10 years over 5 years? Mr. Furash said that the time period is a matter of fitting it in the debt structure; is there a chance of having it this fall? Mr. Zehner said that the bonds would be dated November 15th. The Chairman addressed Mr Zehner and said that we spend $ 15 M a year with our total budget and all expenditures, and we have an oppor- tunity to make some money; we should work toward the 5-year program This program saves us over $ 190,000, by accelerating the payments to 5 years; the payments are only $25,000 more per year. Mr. Zehner said that if we are still looking appeal a eal to Moody for a different rating, it would make sense and would help our case in asking for a different re-classification Mr. Perry said that when you float a new bond issue it helps. The Chairman said that we take the approach of really selling ourselves outside of a bond issue 230 Mr Livingston asked if you sell a bond for 50 and in two years the interest rate drops drastically, is it possible to call a bond? Mr Zehner understood that the law forbids it Mr Furash said that with the school coming in 1972 or 1973, that wi11 have a jolt. When the Library comes in, would we then be going on short term? Mr Zehner said that we have a year or two when the decks would be cleared for action The Chairman said that we should be pretty constant until this is wiped out You are probably talking a total of $8 M for the two projects beyond this program. Mr Zehner said that this adds up to clearing the decks, what- ever the cost. The Chairman said he would like to see a bond, the total pack- age, for five years. Mr Kenney agreed Mr Greeley asked Mr Zehner if he had talked this over with the long range capital expenditures committee Mr Zehner replied that he will check with them and ask them to meet with the Appropriation Committee Mr Zehner asked if the 5-year period is acceptable to the Board and to start negotiations on this basis? The Board agreed that Mr. Zehner is to go forward and start nego- tiations with the Merchants National Bank Mr. Zehner said that until a year ago, the rating company had been giving their ratings without cost to municipalities but applying this year to Moody's Investment Service, the fee for our town would be $600; for us to decline to have the Moody rating, the issue would be at the expense of marketabi lity and he recommended paying the $600. He requested a transfer as he did not have enough money avail- able Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer of $600 to the Treasurer' s Account No 2525 Upon motion duly made and seconded, it was voted to go into Transfer Executive Session for the purpose of discussing, deliberating or voting on matters which if made public, might adversely affect the public security, the financial interests of the Town or the reputa- tion of a 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. Snow- The Board agreed to discuss the snowplowing rates at the next Plowing meeting on October 5, .1970 Crawford Mr Legro requested the Board to sign the Order of Taking of the 0. of T Crawford land, with an award of $ 10,000 231 Upon motion duly made and seconded, it was voted to adopt the Order of Taking of land owned by George H. Crawford on Hayden Avenue, with an award of damages in the amount of $ 10,000 Upon motion duly made and seconded, it was voted to sign the Street and contract for street and drain work awarded to A.R. Belli , subject to Drain review and approval of Town Counsel Contract Upon motion duly made and seconded, it was voted to notify the Package Goods stores to remain closed on Columbus Day, October 12, Liquor 1970; motels and clubs may serve during the usual Sunday hours. Oct. 12 The Chairman informed the Board that G L Chapter 138, s. 16A has been amended by Chapter 352 of the Acts of 1970, which provides Liquor for automatic renewal of liquor licenses upon payment of fee, with- Renewal out advertising, provided the license is of the same type as the Applica- expiring license and covers the same licensed nremises All we will tion now require is a signed affidavit from the applicant at time of re- quest for renewal Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- Cert of poration Incorp. Leon Jick 46 Meriam Street "Association for Jewish Studies, Inc." Arnold G Gofstein II Dudley Road "Project Triangte, Inc " Upon motion duly made and seconded, it was voted to sign the am- bulance abatement for Maurice Sweeney, 10 Lockwood Road, in the Ambulance amount of $ 10.00 Abatement Upon motion duly made and seconded, it was voted to refer the request of Mrs Francis E Kelley, 93 Sylvia Street, requesting pur- Land chase of 1300 square feet of land owned by the Town located in the Request back of her lot, to the Planning Board for a recommendation Upon motion duly made and seconded, it was voted to sign the Sewer order for construction of sewer on Benjamin Road. Order Upon motion duly made and seconded, it was voted to approve the request of the Mystic Valley Gas Company for the installation of a Gas Main 2-inch gas main in Carville Avenue. The Chairman read a letter from the Superintendent of Schools regarding the problem of airplane flights over the Parker School Hanscom The letter mentioned a column in the Minute-man wherein a citizen 232 asked about the feasibility of suing officials at Hanscom Field to soundproof the Parker School The School Committee is interested in having the Selectmen explore the feasibility of legal action sug- gested in the citizen' s letter The Chairman felt that before we would ask Town Counsel to be- come involved in this, they must come forward with more information He recommended that he and Mr O'Connell meet with Dr Fobert and tell him to see what the outcome of the City of Boston' s suit is before we become involved in a suit against the federal government. After discussion, the Board agreed that Mr Cataldo and Mr. O'Connell are to talk with Dr. Fobert Mr Greeley asked what is the status of closing old Laconia Street where it ran into the intersection through the former Green and White parcel . The Chairman said there are certain things we have to do with Laconia the County Commissioner before we close. Street Mr Legro didn't think there would be any difficulty with the Commissioner Mr Greeley asked if there would be any reason why we shouldn't start mechanical processes to have 1t eventually cleared? The Chairman said that we allowed the contractors to stockpile material for the sewer jobs in the area, in return, they are to grade it and clean it up for us Mr O'Connell said that we have done some grading. The Chairman said that we could schedule a work order to curb it and put a machine down there and grade it off The Chairman said that we have the same situation on Spring Street When we abandoned Old Spring Street and laid out the new Spring St Spring Street at Route 2, there was a parcel of land left between Raytheon two parcels owned by Raytheon Raytheon and the Planning Board feel we should convey it to them and I feel very strongly that we should convey it but we should get some money for it Mr Legro said that the Engineering Department ought to have a record of who laid it out and when, and the Engineering Depart- ment could follow it through with the County; then we would have to have procedures to abandon it Mr Greeley reported to the Board that he had attended the meeting on September 24 at the High School with the Committee on Committee on Youth. There were thirty or forty people there from various civic Youth organizations and a representative from Mystic Valley Mental Health and the School Committee. They said they have talked to Chief Corr and were vague as to how he felt. It was decided to have a resi- dential facility in which twenty young people could live in and they estimate they would have about 100 or 150 of them a year. They estimate it may cost from $20,000 to $40,000 a year and wondered if the Town would appropriate money, and they would raise some money from various sources. I told them 1 couldn't vote on any proposal . Mr. Kenney suggested that our Drug Counsellor comment on this committee. The Board agreed that a copy of the minutes of the committee meeting, previously held this summer, be sent to Mr. McManus, Drug Counsellor, for his comments. The Chairman said that two nominees for the high school repre- sentatives on LCSR have been received from Mr. Dwyer of the high LCSR school We have asked him for resumes and when they are received, they will be sent to Mr. Greeley The Chairman reported that he had met with Mr. Parsons today regarding the painting of four or five pictures of old Lexington Town Hall for our new Town Hall Mr. Parsons is happy and eager to do it. Paintings This couldn't be done with Town funds and I will take the responsi- bility of raising money for them He asked the Board to search for some old pictures of Lexington Upon motion duly made and seconded, it was voted to adjourn at 9 55 p.m. A true record, Attest rExecutive Clerk, Selectmen 1 .