HomeMy WebLinkAbout1969-11-03-BOS-min 464
SELECTMEN'S MEETING
November 3, 1969
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Monday evening, November 3, 1969 at 7:30 P.M. Chairman
Cataldo, Messrs . Mabee, Kenney, Greeley and Bailey were
present. Mr. Legro, Town Counsel; Mr. Gray, Executive
Assistant; Mr Wenham, Assistant Superintendent of
Public Works; Mr McSweeney, Town Engineer, and Mrs .
McCurdy, Executive Clerk were also present.
Mr. Gray requested the Board to approve the request
for a transfer of $1,000 to the Police and Fire Medical
Transfer Account #1125; a fireman had been injured during the
year and medical expenses have been very high; another
injured fireman is still going back for checkups .
Upon motion duly made and seconded, it was voted to
request the. Appropriation Committee for a transfer of
$1,000 to the Police and Fire Medical Account #1125.
Mr Gray informed the Board that the sale of tax
title lot S3 Valleyfield Street, Assessors ' Map 24, has
been advertised and two bids have been received . The
ad stated that the condition of sale was that it must
be combined with an existing lot and not used as a
separate building lot One bid was received from
Anthony P Luongo, 42 Valleyfield Street, for $1500; he
felt that this is a fair bid as the betterments would
Tax Title be approximately $859 and Land Court title cost would
53 Valley- be approximately $700 or $800. Mr. Luongo is an abutter
field St. and has a 50 foot lot and would like to buy this 50 foot
lot because he would like to add to his land and, per-
haps, add a garage to his house. The other bid was from
Mr. and Mrs Edward Domings , 37 Valleyfield Street, for
$2,000.
Mr. Kenney asked if it was a level lot?
Mr. Gray did not know
Mr. Kenney asked if the Assessors have put a value
on this?
Mr. Gray said that they don' t do tax title lots
Mr. Kenney asked Mr. Gray to find out what the
valuation of Mr Luongo' s lot is and to see if this lot
is comparable to his
Mr Mabee asked why Mrs Domings would bid on a lot
if she knew that the condition was that it must be com-
bined with en adjoining lot.
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Mr. Gray said that Mrs Domings had indicated to
him that she had bid on this lot previously and all
bids had been rejected She knew about the conditions
as advertised, at that time, Mr Luongo' s lot was va-
cant, but still granted to put in a bid
Mr Kenney asked how big the lot is?
Mr. Gray said that it is 15,180 feet; 288 feet on
one side and 214 feet on the other, with a 50 foot
frontage
Mr Kenney said that we are selling this at ten
cents a foot. If I think the price is too low, I
wouldn't sell it to him; he must pay what we consider
to be a fair price.
The Chairman asked him what he considered a fair
price?
Mr. Kenney didn't know.
Mr Greeley said that if Mrs Domings bids more
than Mr Luongo, we should explain this to her
Mr. Gray said that he had explained it to her.
The Chairman said that he would look at the lot.
Mr Gray was instructed to talk with Mrs . Domings
and ask her where her lot is ; to find out what the ad-
jacent property is sold for as this is a good indication
of what the land is worth in the area
Mr. Gray informed the Board that the building at
the rear of the Douglass property will be torn down to-
morrow Douglass
The Chairman asked him if he had set up a traffic Property
pattern and parking conditions?
Mr. Gray replied that there is a traffic pattern
set up as an exit and entrance at Clarke Steet
Mr Gray reported to the Board that he had dis-
cussed the fence for the Baskin playground with Mr
Wenham and 150 feet of fencing is needed; the area be-
yond , 75 feet to 100 feet out to Route 128 is all
swamp. The price to install the fence would be $358 and
there are sufficient funds in the Article to take care Baskin
of it. Playground
Upon motion duly made and seconded, it was voted to
approve the installation of 150 feet of fencing at the
Baskin playground .
Mr. Gray informed the Board that he had written to
Mrs Woodward regarding her request to use the former
Hennessey land for a permanent riding ring and the use Hennessey
of the stable by the I+H Club and the Lexington Light Land
Horse Club.
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He has received a reply from Mrs . Woodward
stating that she has referred our letter to Mr. Lloyd
of the Lei Club and, also, to a representative of the
Lexington Light Horse Club. Mr. Gray said that we
will do nothing until we hear from them.
Mr. Wenham informed the Board that he had met
last week with the plowing contractors and we dis-
cussed the new rates to be established. Basically,
they are asking for an increase of $4.00 per hour.
Last year, on the bigger trucks they received $13 00
and they are asking $17. 00 this year; on some trucks
they received $12.00 last year and are asking $16.00
this year; the smaller trucks were $10.50 last year
and they are asking $11..50 this year. If the owner
furnishes his own plow, they add $2.00 an hour; if
the owner furnishes his own helper, they add $2.50
an hour For each 24-hour period, 11 hours will be
deducted for breakfast, lunch and supper. This will
be in effect on plowing and hauling. No overtime
will be paid for any plowing; last year the Town
paid an overtime rate of $2.00 per hour between the
Snow hours of LE:30 p.m. and 8:00 p.m. On snow hauling,
Plowing the Town will pay the Massachusetts DPU rate of the
truck when the owner furnishes proof of such. Some
of the trucks have a $13.00 rate while others have
a $12.00 per hour rate . If a truck does not have
proof of the $13.00 rate, he will receive the $12.00
rate, same as last year. The contractors would like
the overtime rate of $2.00 per hour be paid on snow
hauling from 4:30 p.m. to 8:00 a.m. Last year we
paid no overtime for snow hauling. When a contrac-
tor is notified to prepare for a storm and later on
the weather changes so that the equipment is not used,
the contractor will be paid at his normal plowing rate
for two hours time . Mr Wenham had checked the sur-
rounding towns and the rate for the coming year in
Cambridge is $18.00; Newton, $16.00; Watertown, $19.50;
Belmont $16.50 and Arlington, $19.00.
Mr. Mabee said that the proposed new rate sounds
high to him; he was in favor of $14.00 with $ 2.00 per
hour overtime.
The Chairman asked Mr. Wenham what the attitude
of the other towns is on plowing vs hauling? Do they
let them haul at all to give them that rate?
Mr. Wenham didn't know.
The Chairman said that it would make a difference
hauling is the gravy.
Mr. Mabee asked Mr. Wenham if he and Mr. Burke
were recommending these new rates?
467
Mr. Wenham replied, no; he was upset at what the
contractors were asking and they said that we need them.
I don't go along with the rates; I don' t buy the over-
time on the hauling rate. I told them that I would talk
with the Board.
Mr. Greeley said that one of the things you have
to build into the recommendation to us is what you are
going to pay to get them.
Mr. Wenham said that he had told them that he
wasn't happy with it.
The Chairman asked if, basically, we would get
the same fellows as last year?
Mr. Wenham replied in the affirmative; they were
all at the meeting, except Mr. Cassella who usually gives
us two trucks .
The Chairman told Mr. Wenham that he would like to
know how many towns have bid; at what range did they bid;
what is the setup on hauling; is this just for plowing
or no hauling? If we get these answers, we will discuss
this matter at the meeting on next Monday evening.
Mr. Wenham is to have the information for the
Board for next Monday.
Mr. Gray informed the Board that Mr. Burke had re-
ceived a letter from Walter Burke, Attorney for Donald
111 Zani of the Zani Excavating Company regarding the award
of the contract on September 22, 1969 for two tennis
courts. Attorney Burke had enclosed copies of two quo-
tations which had been sent to Mr. Zani from the sub-
contractor, Putnam contracting, Inc. One letter of
October 20, 1969 quotes a price of $3,440 "to lay a Zani
one and one-half inch layer of Laykold tennis court mix Contract
over an asphalt surface prepared and furnished by you.
this layer will be spread over the surface of two tennis
courts in accordance with Chevron Asphalt specifications.
This quotation does not include net posts, nets, fencing
or any finish surfacing or resurfacer, color coating or
line painting."
The other letter received by Mr. Zani from Putnam
Contracting, Inc . , dated October 21, 1969, quotes a
price of $6,575 and states "We propose to furnish all
of the labor and all of the material to lay a one and
one-half inch layer of Laykold tennis court mix over
an asphalt surface prepared and furnished by you.
Over this surface we propose to spread two coats of
resurfacer and one coat of wearcoat all in accordance
with the specifications . The final coat will be color
coat green with one and one-half' white lines painted
on the surface."
I
Attorney Burke ' s letter says "Zani states that
as a result of all this he could not possibly perform
this contract without a severe financial loss . He,
therefore, hopes that the Town of Lexington will be
willing to relieve him of his obligation and re-
advertise the project for bids."
Mr. Legro presented a suggested letter to
Attorney Burke and Mr. Zani which states that they
have not executed the contract with the Town or the
required bond within the ten days after September 22,
1969, the date on which the Board awarded the con-
tract to them. Also, that the Town will extend to
November 10, 1969 the time within which Mr. Zani may
submit in five copies the contract and bond duly
executed in prescribed form. There must be full com-
pliance with the requirements of the contract docu-
ments and all applicable laws of the Commonwealth of
Massachusetts. If there is failure to fully comply
with the foregoing at or before 4.:30 P.M. on Novem-
ber 10, 1969, the bid deposit will be retained by
the Town of Lexington pursuant to the invitation to
bid and the proposal.
The Chairman said that this will give them an
opportunity to clarify whether they are seeking to
get out from under the contract.
Mr. Mabee said that he was afraid that Zani
would build the tennis courts rather than default
and he will not do a good job
Mr. Legro said that Zani is going to give a
performance bond. As far as he knew, the contract
documents were not sent to him.
It was agreed to send the letter suggested by
Mr. Legro to Attorney Burke and Mr. Zani.
Upon motion duly made and seconded it was voted
to go into Executive Session, for the purpose of dis-
Executive cussing, deliberating or voting on matters which, if
Session made public, might adversely affect the public secur-
ity, the financial interests of the Town or the
reputation of a person.
After discussion of matters of financial inter-
est to the Town, and interviews for position of
Assistant Town Engineer, it was voted togo out of
Executive Session and resume the open meeting
Mr. McSweeney discussed the Hamilton drain situ-
ation on Massachusetts Avenue. He said that he was
Hamilton able to locate second-hand pipe for $1.00 a foot and
Drain it would be $150 for 150 feet of pipe and our men
could put it in; if there is enough pipe available,
an additional 250' could be installed to go across to
the pipe system, this work could be done with the con-
dition that Mr. Hamilton grant the Town an easement.
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Mr. Legro said that if he gives us an easement
in the brook, we should go all the way.
Mr. Gray said that we will get the easement and
pipe this part of it.
Mr. Legro asked if there was any possibility
that we might flow this land?
Mr. Gray replied, no more than before.
Mr. Legro said that he might give us flowage
rights.
Upon motion duly made and seconded, it was voted
to install 150 feet of pipe in the land owned by
William H. Hamilton, 2045 Massachusetts Avenue, sub-
ject to his granting of an easement of the complete
area.
Mr. Gray requested the Board to award the con-
tract for the resurfacing of Massachusetts Avenue from Mass . Ave.
Route 128 to Cedar Street, under Chapter 90 ma.inten- Resurfacing
ance, to the Massachusetts Broken Stone Company, Contract
Weston, Massachusetts, in the amount of $6,000.
Upon motion duly made and seconded, it was voted
to award the contract for the resurfacing of Massachu-
setts Avenue under Chapter 90 Maintenance, to the
Massachusetts Broken Stone Company, in the amount of
$6,000.
Mr. Gray reported to the Board that Mr. Zimmerman
of the Lexington Cab Company had made a request for
other locations for taxi stands and the Traffic Commit-
tee has no objection to locations at East Lexington in Lexington
the vicinity of Craft Cleaners, Five Forks, and Hart- Cab Co.
well Avenue. We will check out the locations and,
after talking with Mr. Zimmerman, Mr. Gray will come
back to the Board next week on specific locations and
set the rates.
Mr. Gray reported that he had received a call
from Mr. Flint, the Executive Secretary of Lincoln and
they would like a Selectman to attend the meeting on Route 2A
November 4. to discuss Route 2A.
The Chairman said that he would attend the meeting.
Mr. McSweeney discussed the abatement of sewer
betterment assessments of William H. Duckham, 2 Dewey
Road, and Louis .T. Howard, 4 Dewey Road. He recommended
that they be granted abatements with the stipulation Duckham &
that if, in the future, sewer lateral is provided that Howard
would permit them to connect, at that time a charge in Abatement
lieu of betterments will be made.
CI ()
Upon motion duly made and seconded, it was voted
to grant an abatement of sewer betterment assessment in
the amount of $923.62 to William H. Duckham, with the
stipulation that if, in the future, a sewer lateral is
provided that would permit Mr. Duckham to connect, a
charge in lieu of betterments will be made.
Upon motion duly made and seconded, it was voted
to grant an abatement of sewer betterment assessment
in the amount of $706.03 to Louis N. Howard, with the
stipulation that if, in the future, a sewer lateral is
provided that would permit Mr. Howard to connect, a
charge in lieu of betterments will be made.
Sewer Upon motion duly made and seconded, it was voted
Const. to sign the sewer construction orders for Diana Lane
Orders and Hill Street.
The Chairman read a letter from the Recreation Com-
Hunting mittee, notifying the Board that Gary Margolius has been
Committee appointed to serve on the Hunting Committee.
The Chairman read a letter from Attorney Frank
Lien on Smith requesting the Board to dissolve the lien on the
157 Lowell property at 157 Lowell Street. and to authorize the Tax
Street Collector to issue the proper certificate.
Upon motion duly made and seconded, it was voted
to dissolve the lien on the property at 157 Lowell
Street and authorize the Tax Collector to issue the
proper certificate.
The Chairman read a letter from the Metropolitan
MDC District Commission stating that they have approved
Sewer our request to accept 15 feet of 27 inch sewer from
Acceptance the Town of Lexington and have it become part of the
Metropolitan Sewerage System; the necessary papers
will be prepared and sent to us.
The Chairman explained to the Board that the Town
would save $35,000 for the transfer of this one connec-
tion to the MDC. Because of the MDC design, there are
two connections at this location and we feel that we
should only pay for one . The MDC agreed.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen' s Meetings held
on October 15 and 20, 1969; the minutes of the meeting
of October 27, 1969 were approved as amended .
Upon motion duly made and seconded, it was voted
to adjourn at 11:05 P.M.
A true record, Attest:
Executive Clerk, Selectmen