HomeMy WebLinkAbout1970-02-09-BOS-min Q) I3
SELECTMEN'S MEETING
February 9, 1970
A regular meeting of the Board of Selectmen was held in the Se-
lectmen' s Room, Town Office Building, on Monday evening, February 9,
1970 at 7 30 P.M. Chairman Cataldo, Messrs Mabee, and Greeley
were present. Mr Legro, Town Counsel , Mr Gray, Executive Assist-
ant, Mr. O'Connell, Special Assistant to the Board, Mr. Burke,
Superintendent of Public Works; Mr McSweeney, Town Engineer, and
Mrs McCurdy, Executive Clerk, were also present
At the request of the Town Clerk, one juror was drawn Juror
Stanislaw Feld 6 Hickory Street
Upon motion duly made and seconded, it was voted to authorize
William Martin, Assistant Town Engineer, to sign the Engineering Engr
Department Payroll during Mr McSweeney' s vacation of February 16- Dept
20, 1970 Payroll
Mr. Gray said that a memo has been received from the Planning
Board asking if $ 1 ,000 could be made available for borings and
tests on Vine Brook land, to determine the suitability for housing
for the elderly He had discussed this request with Mr. O'Connell Vine
and there are no funds available for this evaluation Brook
Mr McSweeney said that we cannot use the option funds and Study
there is no money in the Engineering Department to do this
After discussion, it was agreed that there were no funds
available for a study of the Vine Brook land, and to so inform the
Planning Board
Mr Gray informed the Board that two petitions have been re-
ceived regarding complaints against a dog owned by W F Davis, Dog
18 Boulder Road, and a dog owned by E P Nawoichik, 16 Nichols Complaint
Road
The Board agreed to refer the petitions to the Dog Officer
for investigation and a report to the Board on next Monday evening
Mr Gray informed the Board that some time ago, the Board re-
ceived a complaint from Gerard Legere, 16 Grapevine Avenue, regard-
ing his high water bill of $ 139 76 Mr Gray had looked into the Legere
matter and had received a report from Public Works that there was Water Bill
nothing wrong with the water meter There had been some construc-
tion in the area and while building the house next door, they had
used Mr. Legere' s water, with his permission.
Mr. O'Connell said that he had talked with Mrs Legere and
after she had received this bill for $ 139 76, her next bills were
for $33 and $35
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Mr Gray said that the recommendation is that the bill remain
as it was submitted
Upon motion duly made and seconded, it was voted to accept
the recommendation that there would be no abatement of the water
bill of Gerard Legere, 16 Grapevine Avenue.
Mr. Gray requested the Board to sign a water abatement for
the Douglass Funeral Home in the amount of $98 05, as the wrong
Abatement reading had been taken
Upon motion duly made and seconded, it was voted to sign
the water abatement for the Douglass Funeral Home, in the amount
of $98 05
Mr. O'Connell reported to the Board that he had been asked
at the last meeting to check out the request of the Middlesex
County Council of the International Reading Association to use
Estabrook Hall on May 4, 1970 for a panel discussion and demon-
stration of materials which could be used to teach reading to the
reluctant reader He said that they are a properly constituted
association with a County charter and a membership of about sixty
Permit local people, including Lexington teachers. Previously, they had
Estabrook held meetings and had served an evening meal at Diamond and other
Hall schools but, because they did not have dues, they found they
couldn't afford the fee charged by the School Department. There-
fore, they are looking for a place to hold their meetings with no
fee for the hall , but they would be willing to pay the custodial
Charges.
Mr O'Connell recommended that permission be granted under
these conditions
Upon motion duly made and seconded, it was voted to grant
permission to the Middlesex County Council of the International
Reading Association for the use of Estabrook Hell on May 4, 1970
from 7 30 P.M to 9 30 P.M , at ho charge for Ebtabrook Hall but
the Association is to pay for custodial services.
Mr Greeley recommended that the School Department be made
aware of the fact that the Board has granted permission to this
group and we feel that organizations of this type should be
given an opportunity to use the school facilities at no charge,
rather than the use of a building under the jurisdiction of the
Selectmen.
It was agreed to write to the School Committee regarding
future requests for the use of their facilities.
Mr. McSweeney reported to the Board that an informational
meeting had been held last week with the residents of Bloomfield
Bloomfield, Street, Minola Road and Downing Road We have proposed putting
Minola & a sidewalk on the easterly side of Bloomfield Street; on the
Downing Rd Southerly side of Downing Road; and no sidewalk on Minola Road
Approximately twenty-two residents on Downing Road were in favor
of the street and one was in favor of the street and sidewalk,
f k I ti
and didn't care what side it was built on, four residents objected to
a sidewalk on either side and thirteen objected to a sidewalk being
constructed
The Chairman asked what happens to the island on Downing Road?
Mr. McSweeney said that we propose to take it; we propose to
put a granite curbing about 250' , around it as it would last longer
and it would be easier to maintain
On Bloomfield Street, we presented it as purely a policy to
build a sidewalk when we construct a street There is no sidewalk
on the subdivision, on Bloomfield Street
Mr Mabee abstained
The Board agreed to accept the location of the sidewalk on the
southerly side of Downing Road, and the easterly side of Bloomfield
Street
Mr McSweeney discussed East Street He said that there were
approximately twenty residents present and they were told that we
proposed doing from Grant Street to Lowell Street and, if this
were approved, a hearing would be conducted by the County. There
were a few objectors who claimed that if we widen the road, it
would increase the traffic and speeders We took a show of hands
after the discussion on how it would be built and how it would in-
volve Chapter 90 and ten of them were in favor of building it,
three objected to it, and the remaining group would like to have
some time to think it over We explained that this wouldn't come
up next Thursday night at the legal hearing and said that they
could contact their Town Meeting members as TMMA will hold inform- East Street
ational meetings, or they could write to the Selectmen Generally
speaking, ten residents felt that this is the way to do it
The Chairman asked if he had told them that we would not do
the whole span this year?
Mr McSweeney replied in the affirmative; he said that he had
told them that this was between the Town and the State and they
would decide
Mr Greeley said that he would like to make the point that
very close to Burroughs Road we do have an existing sidewalk but
none beyond If you look at the existing pavement, we do have
some extremely bad site distances and he recommended very strongly
that the Board not vary from having East Street as a Chapter 90
road this year, the traffic count is very high
The Chairman said that we will have to decide what section we
will recommend for the $60,000
Upon motion duly made and seconded, it was voted to sign the
Warrant for 1970 Annual Town Meeting Warrant
The Chairman read a request from the Greek Orthodox Church of
Cambridge, requesting permission for the annual ten-mile race to Request
start at the Minuteman on Sunday, March 22, 1970, at 12 Noon, also,
for a police cruiser to escort the leading runners to the Arlington
line.
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Mr Greeley said that this request is for Palm Sunday and there
would be many church services, he felt that this would not be a good
time because of church services
It was agreed that Mr O'Connell is to check out this request
for 12 Noon on Sunday, March 22, and see if it is possible to ar-
range for a better time for the race to start.
Minutes Upon motion duly made and seconded, it was voted to approve the
minutes of February 2, 1970
The Chairman read a letter from the ABC regarding rules and regu-
lations for Washington' s Birthday, February 16, 1970
ABC Upon motion duly made and seconded, it was voted that Package
Goods Stores are to remain closed but Motels and Clubs may serve dur-
ing the specified holiday hours on Washington' s Birthday, Fbbruary 16,
1970
The Chairman read a letter from the Director of Accounts which
Free Cash informed the Town that $740,521 is the sum of available funds or
"free cash" as of January I , 1970
The Chairman read a letter from the Chairman of the Board of Ap-
peals requesting an adjustment in fees and suggested the following
fees
Board of I $ 20 charge for renewals
Appeals 2. 250 maximum charge for Subsidized Housing hearing
3 150 charge for an original Finding and Determination.
4 Related F & D' s fee of $30-$50, according to compli-
cations affecting cost
5 $30 charge for variations for side, front and rear yards.
6 Board of Appeals to be given the right to establish
charges for petitions considered exceptionally costly.
After discussion, it was agreed to write to the Board of Appeals
and recommend the consideration of a fixed fee schedule, rather than
a sliding scale
Mr. Michelman and Mrs Skov of LCSR met with the Board
Mr Greeley said that the Commission requested this meeting re-
garding the minority group employment, because the Board inserted
the Articles in the Warrant and they thought the Board might like to
LCSR ask questions of Mr. Michelman, who prepared the draft of the
Articles
Mr. Michelman said that there would be no presentation but we
hoped to meet with the Board because of a report read to us one even-
ing regarding a question on the scope of the coverage.
The Chairman gave him a copy of Articles 36 and 82.
Mr. Michelman said that when Mr Greeley presented it to us, it
was the Commission' s view that a motion narrower in coverage than
what was presented in the Warrant would be within the Article and
could be presented to Town Meeting
The Chairman said that it is our feeling that, basically, our
construction contracts go over $ 100,000 for sewers, water and drains
and only last three or four weeks, which is a short period to get in-
volved in minority employment If there is anybody really interested
in doing this sort of work, we would be willing to talk with them as
far as the Town hiring them and training them within our own depart-
ments; we would rather not get our construction contracts involved in
this way
Mr. McSweeney said that the owner usually is the operator and he
probably has a three-man crew on one sewer job and these are people he
has hired all along; it is not a big, general contractor type of thing
Mr Michelman said that he is wholly prepared to believe that
sewer contracts and other contracts that the Town lets are, as present-
ly carried out, not suitable occasions for this By-Law but, considering
this is an amendment, it has seemed to us that we should draft it
generally. We think the residents of the Town and Town Meeting members
believe it is not to be taken lightly, as kind of casual changes do not
meet with favor The draftsmanship here is, it would provide the au-
thority if and when it might develop in the future. Suitable occasions
might arise and rather than be required to go back and have another
amendment we did this
The Chairman said that we said to look at the By-Law changes and
not take them lightly; this is the reason why I question the practical
wisdom for putting this in You have an appropriation that exists and
we do not know how this is going to work and if we had experience be-
hind us, how can Town Meeting members adopt this
Mr Michelman said that it presents a serious question for a
Town Meeting Member, who would not be acting responsibly if he didn't
give it serious thought We are now asking that this By-Law be con-
sidered on its merits
The Chairman felt that we would be in better shape if we get the
$ 10,000 and get the program going
Mr Michelman said that they want Town Meeting to vote on the
By-Law; it has other attributes, just as we discussed nine months ago,
that it provides legal support and also invites some review by the
Attorney General ' s Office if, in the future, doubts still exist
The Chairman said that everybody is anxious to try it on a sub-
stantial project and make an attempt to really make it work and have
something come of it; we will have no problems on that score but he
could see some problems in getting the By-Law through
Mr Michelman didn't doubt that there would be problems there
Mr. Greeley asked if the Chairman was saying that it is a mis-
take to apply this to sewers, water and drains; are you saying to ex-
clude these?
The Chairman said that there are two thoughts on this
1/( y
I ) it is not logical to apply it to sewers, etc and 2) was it prac-
tical to present it this year?
Mr. Michelman said that it is probably a matter of some inter-
est; as he understands it, similar material will be presented to
Town Meetings in several other Towns.
The Chairman said that if we didn't have one last year, fine;
but we did
Mrs Skov said that this is purely an enabling act
Mr. Greeley said that this is an advance item coming before the
Town Meeting and there is ample chance to discuss; if the Adminis-
trative Officers take a hard look at it, they can use the powers of
persuasion, if Town Meeting passes it, talk with the contractor.
We think it is a moral commitment and would like it to pass.
The Chairman said that the Article is in the Warrant and it
will make a difference about how the Article motion is drafted.
Mr Michelman said that the Commission will discuss the motion.
Mr Michelman and Mrs. Skov retired
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 repu-
tation 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 appoint
Youth Charles McManus as Youth Counselor for the Town of Lexington, to
Counselor work under the supervision of the Selectmen' s Drug Advisory Com-
mittee
Upon motion duly made and seconded, it was voted to adjourn at
900 P.M
A true record, Attest
4xecutive Clerk, Selectmen Al
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