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HomeMy WebLinkAbout1970-02-23-BOS-min 587 III SELECTMEN'S MEETING February 23, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, February 23, 1970 at 7 30 P.M. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel , Mr O'Connell , Special Assistant td the Board, Mr Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk Hearing was declared open upon petition of the Boston Edison Com- pany for pe-mission to install two poles on North Street Notices of the hearing were mailed to the petitioner, owners of the propertly as listed on the petitioner' s plans, and also filed with the Town En ineer Mr Pr tt, representing the Boston Edison Company, was present and explained that this petition for two poles for street lights was presented at the request of the Town The Chairman said that the location is approved by the Town Pole Engineer 1 Location No oneiappeared in favor or in opposition and the Chairman de- clared the searing closed. Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company for the following location of poles North $treet, southwesterly side, northwesterly from a point approximately 105 feet northwest of Lowell Street, - Two (2) poles The Chairman informed the Board that a petition has been re- ceived from the Boston Edison Company to locate seven poles on Coach Road Thisiis a routine request as Coach Road has become an accepted Street Upon motion duly made and seconded, it was voted to approve the location oflthe following Boston Edison poles Coach Road, southerly from a point approximately 33 feet south of Carriage Drive, - Seven (7) poles. Mr Legro reported to the Board that arrangements have been made for extensi ,ns of options of land on Hayden Avenue He has amended Hayden Ave. the Crawford option as it calls for signatures of the Board and he Options felt the Board should not be involved in an extension of an option. He has been unable to contact the Crawford Attorney but will take care III of the matter with him. 88 The Chairman said that a meeting has been scheduled here on Thursday morning with all parties concerned on Hayden Avenue Mr O'Connell reported to the Board on his attendance at the public hearing with respect to municipal collective bargaining, held by the Governor' s Advisory Council on Labor-Management Rela- tions on February 19 This hearing was called to collect the views and recommendations of the various parties involved in the last four years and was well attended by 100 or 150 people; the heaviest Municipal representation was from various teacher groups There was a rela- Collective tively limited number of speakers because some spoke for too long Bargaining a period There were representatives and attorneys of local teachers' groups and the Superintendent of Schools from Scituate who had just completed his thesis on Municipal Collective Bargaining In essence most of the proposals were urgings that the law be changed for com- pulsory mediation and for a limited right to strike and both parties should share in the cost of dispute settlements and a proposal that towns be prevented from setting a tax rate until collective bargaining is completed Representation from management was thin Mr Robinson, of the Brookline schools and an employee of the State, said that the law should define what it refers to under the scope under terms of conditions of employment; he feels that the law used in the teachers' area, everything has to do with management of the school system. Mr. Drachman, representing the City of Boston, said there should be a sharper definition of who is the emp-loyee and who is the super- visor, and a separation under these. In essence, the key points and all of this information will he compiled and what the Council will do is not clear Mr O'Connell said that the Board has received a letter from Attorney Tropeano regarding a claim of James V and Eleanor M Cos- grove, 307 Wood Street, for property damage resulting from the taking of an easement for sewer purposes on May 12, 1968 Mr Cosgrove O'Connell has checked into the records and this is part of the work Taking under Contract #5 in 1967 for the Hartwell Avenue trunk sewer, the appraisals were made and the recommendation was for no damages The owners were notified on June 14, 1968 of the decision of no damages and we can find no indication of any change since then This is, apparently, action by the owner within the two years allowed from the date on which the order of taking was recorded, which was June 7, 1968. Upon motion duly made and seconded, it was voted to request Town Counsel to write to Attorney Trepeano and re-State the position of the Board of an award of no damages to James V. and Eleanor M. Cosgrove. Sewer Mr O'Connell informed the Board that a request has been received Betterment from John Przyjemski , 84 Cliffe Avenue, for a sewer betterment assess- Assessment ment deferment in the amount of $853.24. 000 Mr. O'Connell had asked Town Counsel for his opinion of whether there is a legal basis for this deferment and, in effect, he said there was Mr O' Connell has asked Mr Cronin of the Assessors' office to check on whether or not Mr Przyjemski can meet the requirements for a deferment and will report back to the Board after he has compiled the necessary information on Mr. Przyjemski ' s request for a deferment The Chairman informed the Board that a letter has been received from Mr O'Connell , recommending Mr Zaleski as Chairman of the Traffic Appt Safety Committee Traffic Upon motion duly made and seconded, it was voted to appoint Safety Alexander Zaleski as Chairman of the Traffic Safety Committee Comm Upon motion duly made and seconded, it was voted to authorize Patriots' Mr O'Connell to work with Mr Gray and issue the permits for Patriots' Day Day, April 20, 1970 Mr Gray informed the Board that a letter has been received from Attorney Bernan, representing Margaret K Nelson, 109 Burlington Street requesting that the Board consider the letter a demand by Mrs. Nelson Nelson for the pro tanto payment of $7500 for the 3 62 acres formerly owned by -Pro her and taken by the Town on October 6, 1969 Tanto Mr Legro informed the Board that he would prepare a pro tanto re- Request ceipt and would take care of this matter for the Board U The Chairmanlsaid that the Board has written to Mr. Legro regard- ing the question of hiring a bill collector for the uncollectable ambulance bills. The Chairman said that the Board has written to Mr Legro inquir- ing whether we have the right to use a bill collector to collect ambulance bills and the right to pay him for his services Mr Legro 1967 has replied that he could find no provision for the employment by a Ambulance town of a bill collector, other than the provisions for tax collector, Bills town collector and assistants, also, that whoever collected any ac- counts for the Town would have to receive the funds in the name of the Town and transmit them directly without deduction for fee The Chairman said that, obviously, we cannot hire a bill collec- tor Upon mo ion duly made and seconded, it was voted to grant the request of t e Tax Collector to abate the uncollectable ambulance bills of 196 , in the amount of $ 189 00 Mr. Gra informed the Board that the Traffic Study Committee had met with the Architects of the Jr High School on February 4 The Access Rd Board receiv d a letter from Mr. Taylor on the access road and this Jr High was referred back to the Traffic Committee for a report, which is as follows The Traffic Study Committee reiterates its previous recommenda- tion that a separate primary vehicular access be provided to the 4590 proposed Jr High School from Waltham Street, Brookside Avenue and Allen Street may have adequate capacity to serve the school , but our recommendation for a separate access is based on considera- tions of traffic safety and convenience, i e., poor sight distances at Waltham Street, steep grade at Allen Street junction and the im- position of heavy traffic on residential streets Mr Gray said that we agree the capacity is there, but the access bothers us It is our recommendation that a separate access be provided, The Permanent Building Committee feels that this matter is not within the operation of their committee but feels, as per their letter, the matter should be considered by the Board of Selectmen and, if the Board of Selectmen feels that this new access should be provided, then an Article should be inserted in the Town Meeting for the necessary land acquisition If this land is acquired as part of the school site then State aid would be available for con- struction of the access road It is our feeling that they take a weak position, neither for nor against, and we don't feel that Brook- side Avenue is adequate, we stand with our original recommendation The Chairman said that the Board would like the Traffic Com- mittee to request a set of site plans on where the school is located, and work with the Building Committee on an ideal location The Board would like an estimate from the Traffic Committee after determining a location as to what the possible construction costs would be Mr McSweeney asked if he needed permission to go on that land? The Chairman replied that we would have to get it The Air Pollution Committee met with the Board Mr Sing said that the Committee is recommending that Article 106, prohibiting the burning of leaves and rubbish, as submitted by Mr Eisenberg, be approved in principle There is still a question of whether the State will legislate an article to ban all burning within the six controlled districts by the federal government. There will be a hearing on March 12 on this article, if the State does submit it for legislation and it goes through, all open burning Air will be prohibited; this article, in effect, will be superceded by Pollution State legislation Committee The Chairman said that it has not been passed? Mr Sing said that it had not, the hearing is on March 12th The Chairman said that the Air Pollution Committee supports the Article in principle Mr Sing replied, yes; we feel there are items that should be more specifically defined and permits given out only by the Fire De- partment The enforcement has to be under the jurisdiction of the Police Department The Chairman said, in other words, you say you would refine this; why put this on the books, if you feel something different should be done? Mr Sing said that they don't agree to the terminology; there are several practical things, like policing, this Article calls for 5 9 o a written permit, and if you so restrict burning, should you then con- sider some Sort of pickupor doyou want togo to the dump; if the P� State approves, there would be no leaf burning and there would be a swelling demand for some sort of leaf pickup Mr Greeley asked if the written permit means a written permit for each and every fire? Mr Sing rep l i eld, yes Mr Greeley said that they are using a police device by saying, you can't but someone can go to the fire department and get it Mr Kenney said that the intent is it would almost be as easy to go to the dump Mr Greeley asked if they anticipate a lineup in trying to get a permit to burn? Mr Sing replied that you could have the permits available for them to pick up at any time They envision long lines and didn't feel that the number of people involved would object if they want to burn Mr Bailey said that this doesn't penalize the builder, if burn- ing house debris, he can still get his permit Mr Kenney said that a citizen could pick up ten and fill them out and they are not valid for any other day if they are signed on that particular day The intent is to reduce the number of burnings Mr Greeley asked what criteria is there on whether they are issued a permit for pollution or a fire hazard? Mr Sing said that there are two conditions if you want to con- trol today a fire hazard and, it has only been in the last four or five years, a health hazard or a pollution hazard We are suggesting this is more an anti-pollution than a fire hazard The Chairman said, then allow no burning Mr Sing said that in every town that has permitted no burning, they have seen fit to provide public works with equipment to pick up leaves and we didn't want to get involved with thousands of dollars for this. Mr Kenney said that this was brought to a head by the filing by citizens of this particular article The Committee would like to see no open burning in the town; we discussed the cost of leaf pickup and it is an expensive item and the Committee didn't want leaf pickup The Chairman asked who determines it a public hazard, the Public Health Department? Mr Kenney replied that the State does. Mr Greeley asked what advantage is secured by a written permit? Mr Kenney said that it makes it more difficult for them. The Chairman said that it is the Air Pollution Committee' s recom- mendation we support this in principle We would have to get a ruling from Town Counsel and the Moderator He asked that the Committee come up with a mction that could be accepted by Town Meeting and we will give it to Town Counsel and the Moderator Mr Sing said that they do not want to change the scope; they will have the motion in the Selectmen' s office by Wednesday The Air Pollution Committee retired from the meeting The Housing Authority met with the Board The Chairman said that we have a letter from you, saying that you would like to discuss the Vine Brook land. Mr Scanlon said that Mr Russian is with them tonight as Counsel Their major concern is the Article in which the Board of Selectmen transfers title to the Housing Authority; we should es- tablish some basis that this could be done. He had in mind, if the total parcel , as it is, could be transferred or sold to the Housing Authority for $ 1 .00 with the proviso that within 30 days after completion of the project and acceptance by the Authority and acceptance by the Town of the boundaries of that area, we re- turn the property to the Town for $ 1 00. The Chairman said that you want us to turn over the total par- cel to Housing Authority, you, in turn, do a study and come back with a master plan and, upon completion of the project, you will turn it back to us Will the rules of your Authority allow you to do this, can you turn back land? Mr Scanlon said that they can turn it back if there is no need for it The Chairman asked if he had any idea of a schedule? Mr Scanlon said that he can't see anything better than three years The Chairman asked if, at this Town Meeting, we got the au- thority to convey to you, what would happen, what would your schedule Sc? Housing Mr Scanlon said that we have rezoning the same night, then we Authority could get permission for a June offering of bonds We would then have funds to go out for development and would hire an Architect When completed, we go out for bids and build. Mr Greeley said that they would then break ground in the Spring of 1971 The Chairman asked if, after the next bond issue, they would go to work? Mr Scanlon replied, yes The Chairman asked if they had any plans at this point? Mr Scanlon said that they had talked to the Planning Board be- cause there are two areas that include a high piece of ground. They would like to check with the Division of Housing as there is a lack of drainage in the area and we need funds We checked with the De- partment of Community Affairs and they would like six or eight trenches scooped out We would like to ask the Town to give the cost of removing peat, etc and, if the site is not suitable for this type of construction, we would forget the whole thing The Chairman said that we have instructed the engineering depart- ment to make testings When could the Dept of Community Affairs be here? Mr Scanlon said that he will call them and get together this week The Chairman agreed that it should be this week 09,1 IIIMr Greeley asked if there is any opportunity in the procedure whereby the Town Engineer and the Planning Board have a chance to review your selection of the site before you settle on it? Mr Scanlon said that we do have to file the same as any de- veloper, so there is plenty of opportunity for them to revise development plans. Mr Greeley said you could submit that this is the opportunity for the town to protect its interests, whether you are using an area efficiently. Mr Scanlon replied, yes, before we go out to contract, obvi- ously, we will have to move some ground for foundations and such, and should develop with the Town Engineer; it should be a joint venture The Chairman asked, did these things have to be accomplished, title to the land and it has to be rezoned, before you can spend any money? Mr Scanlon said that, first, they have to have permission for the site, we have to definitely clear the title so we can legally get title to it and the Town authorize the Board of Selectmen to convey this land Mr. Russian questioned the manner in which the Town acquired title Mr Legro said that he had asked the question and had no idea as to how the Town would acquire title, he had been informed there was some information that it might or might not be tax title. There III was a taking made by eminent domain, to be a small access to the property The Chairman said to stay away from the title. He asked if Housing has talked with the Planning Board on this approach? Mr Scanlon said that they had talked to Mr Zaleski on sever- al occasions The Chairman said that we had a meeting today and it didn't come out this way, it was his feeling that we dig the test holes and, after evaluating the test holes, come up with a parcel of two to three acres to be rezoned and it was my feeling I would not be in favor of it. Mr Zaleski was pretty adamant that it is the Planning Board' s position that this should be the approach Mr. O'Connell , Mr Gray and I said that the approach we would like to see made is the one the Housing Authority is now proposing Mr Hruby said that two weeks ago, it was the suggestion of Mr Scanlon that the Selectmen be authorized to convey a parcel of land to the Housing Authority; at the same meeting, the Town should vote to rezone the parcel of land. On the strength of these two votes, the Housing Authority can hire an Architect on a contingency basis and, once we find out what we need, the Selectmen can convey a small parcel of land The Chairman said that on the basis of the proposal you just presented to us, as we see it right now, subject to getting the title in proper form to be presented legally at Town Meeting, you will have J541)4 no problems with support from the Board We will expect you back here with a complete report two weeks from tonight to discuss it further The Housing Authority retired The Chairman read a letter from Mr. Jeremiah, requesting that Edward Burke be appointed as substitute Wiring Inspector during his vacation period of March 7 - 28, 1970 Mr. Jeremiah explained Substitute that his wife is ill and if she is fully recovered, he would re- Wiring turn to work at an earlier date. Inspector Upon motion duly made and seconded, it was voted to appoint Edward Burke as substitute Wiring Inspector during the period of March 7 - 28, 1970, with the stipulation that if Mr. Jeremiah is able to return at an earlier date, he is to inform the Board Upon motion duly made and seconded, it was voted to sign Com- Common mon Victualler Licenses for the following, both having been ap- Victualler proved by the Board of Health Licenses Lexington Golf Club, Inc. 55 Hill Street Bamboo Hut, Inc 177 Mass. Avenue Upon motion duly made and seconded, it was voted to approve Minutes the Minutes of the Selectmen' s Meeting held on February 9, 1970. Upon motion duly made and seconded, it was voted to approve LWV the request of the League of Women Voters for permission to park a marked vehicle in Lexington Center on March 2, 1970, with no dis- tribution of literature Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor I D. cards for the following 1 .0 Cards William M Sutcliffe 4 Myrna Road James J Wells, Jr 23 Eaton Road Mr Kenney reported to the Board on the relocation of the Town Offices He said that the Town Office Building Committee had in- vestigated the rental of property and the strong, unanimous opinion Relocation of was that the most feasible way of doing this, considering the opera- Town Offices tion and the cost, would be to rent trailers. We have estimated $8500 for this purpose and have so informed the Appropriation Com- mittee We will stay in this building as long as possible until the time comes that we have to get out of here We will hold the Selectr men' s meetings in the Bird Room and will take the area over the Police Station The Chairman said that Mr Kenney has presented the numbers to the Appropriation Committee; my recommendation is that the Board ac- cept this concept and, when the Article passes, the Committee come back to us for final plans and schedules of relocation. 695 Mr Kenney said that he is requesting the Board to approve the rental of the trailers and to pick up the difference in people by put- ting them on the second floor of the Police Station, the Town barn and possibly, the Visitors' Center He is only asking for approval of the concept and Mr. O'Connell would work out where, specifically, the people would go. The Board agreed to approve the concept, as presented by the Town Office Building Committee, on the relocation of Town Offices The Board agreed to recommending indefinite postponement and will Fire and draw the motions to that effect on Article 39-addition to the Fire Cemetery Station, and Article 40-addition to the existing building at Westview Articles Cemetery Article 43-Fluoridation The Chairman said that we will explain to the Board of Health that the motion should read $ 1 ,000, unless they see fit to ask us for $5,000, they can come back at a Special Meeting for $4,000 Mr Greeley said that he was not voting on this, he may go for Fluorida- the $5,000 tion The Chairman said that we are just asking for the motion to read Article $ 1 ,000 The Chairman said that we are going to ask them to concur with $ 1 ,000 and we will support the $4,000 at another meeting The Chairman said that he had asked Mr. Zaleski to get information on the ownership of the Vine Brook land and Mr Zaleski had written a memo that he has the deed information and suggested that the Board would like to put this in Mr Legro' s hands He refers to the possible availability of some other information in the file kept by Harold Stevens The Chairman said that there is a foreclosure deed covering, we Vine Brook think the whole parcel Land He asked Mr. Legro if he would need any more information Mr. Legro said that he will look it over and do the best he can He asked if there was any idea of what the schedule of conveyance is? Mr O'Connell said that there are complete records on the owner- ship and we don't need any research to establish that the Town owns it The Chairman said that four or five years ago, the Planning Board approached Frank Smith and he came back and said there is a good and sufficient title and the Town owns the property Mr Legro is to handle the Vine Brook property. The Chairman said that Mr. Zaleski was asked for a plan on the authorization we received on the Meagherville site and we also asked Meagherville him to plot what the Planning Board wanted the study on The plan Site was shown and discussed by the Board Mr Greeley suggested that the wording of the study motion make it clear that the study area is larger than the taking 00 Mr Legro said that most of the land authorized is tax title. The Chairman said that eminent domain will clear the title and we will get the necessary information to you to proceed with the taking Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect the Session 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 oqt of Executive Session and resume the open meeting Mr Mabee discussed with the Board his firm' s position on quot- ing prices on soliciting orders for the Town Office reconstruction Town project He presented a copy of a memo sent to all the employees of Office Pettengill Associates, saying that under no conditions will anyone Building in his company quote prices or solicit orders from anyone relating to the Town Office project. The Board thanked him for informing them and agreed with his posi- tion and it should be so recorded in the minutes Upon motion duly made and seconded, it was voted to adjourn at 9 10 P.M A true record, Attest V Executive Clerk,, Selectmen 1