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HomeMy WebLinkAbout1969-09-22-BOS-min 415 SELECTMEN'S MEETING September 22, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, Sep- tember 22, 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 Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present. Mr. Gray informed the Board that he had received a memorandum from the Planning Board Director regarding the Workable Program. It states that a reply has been received from HUD in answer to the question as to whether our system of code enforcement on complaint basis would be sufficient for the re-certification -of our Workable Program. HUD's reply states that the locality is expected to carry out an effective program of enforcement to achieve compliance with the housing code Mr Zaleski thinks it is likely that, unless a systematic code enforcement program is instituted, we will have Workable difficulties in obtaining re-certification in May, 1970 John E Program Harvey, retired professional engineer for insurance underwriters, is interested on a part-time basis as code enforcement officer Mr Gray asked if the Board wanted him to pursue this; there is no budget and it would have to be included in the budget. Mr Greeley said that we are still in a position where the Planning Board hasn't said what this man would do; does he block out a section at a time or knock on any door? Is there a systematic way to do the job for HUD, for the money we would have to pay? He would like a report from the Planning Board. The Chairman agreed and said to find out what the actual bene- fits would be, as they see it for Lexington. Mr Greeley said that if the Planning Board wants to do it, Mr Harvey is a good man for it Mr Gray said that he would speak to Mr. Zaleski and ask for a report from the Planning Board Mr. Gray said that he had received a memo from the State, earlier in the summer, regarding the possibility of marking funds for the purchase of an ambulance under the General Safety Act. Ambulance Re has discussed this with Mr Fitzgerald, Fire Commissioner, and apparently this is a popular program and towns and cities are ap- plying It was suggested that if Lexington is going to qualify, we should get the bids out and sign a contract subject totapproval and appropriation of funds by next March On that basis, they would set aside funds under the Highway Act 416 Mr Gray asked if the Board would like him to pursue this? The Chairman felt that we should go ahead and put the vehicles out to bid and Mr Gray would come back with the numbers, and could execute a vote in the proper form supplied by Town Counsel. Mr Kenney asked if it could be put out to direct bid even though we don't have the funds? The Chairman replied in the affirmative. He addressed Mr Legro and said that it is the recommendation of the Fire Commissioner to put this out to bid and get the award; if we don't we will lose the commitment of the money. Mr Gray said that even though the stipulation says with the approval of Town Meeting, once we have signed the agree- ment to purchase, they would set the money aside. Mr Legro said that we could look into these premises to see if we do have to have such an agreement to avoid loss of the money It is a bit unusual to ask for bids this much in advance of the Town Meeting; we have done it on schools. Mr Kenney asked if the ambulance would be kept for three years? The Chairman replied, the policy has been three years but I think it should be two years. Mr Gray was instructed to talk with the Fire Commissioner and check out the specifications for the ambulance to be put out to bid. Mr Gray reported to the Board that a meeting had been held at the Town of Lincoln with the Planning Board and Citizens' Committee for Highways, regarding the Route 2A cutoff; the Board has, previously, seen a map on this. Several proposals were made by the Town of Lincoln; they wanted to cut out 2A altogether as a through highway We felt that the citizens of Lexington had to get to Concord by way of the existing Route 2A and were against the elimination of the State's proposal for Route 2A We did agree with them that the two interchanges, one for Mill Street Route 2A in Lincoln and one for entrance into the National Park, should be studied so that they could be consolidated into one, because we were concerned with the access at the Honeywell Company and the land zoned for the Industrial Park, as under the State's proposal our emergency vehicles would have to go into the Town of Lincoln in order to enter this. We agreed to go with them to the State DPW and ask them to study a design for one interchange and access road Mr McSweeney said that we wanted a frontage road, a continu- ation of Route 2A to be able to go to Route 2 without going on Route 128 Mr Greeley didn't see why they wanted to control the access it shouldn't be a controlled access route; we should get the access road to Heneywell 1 417 Mr McSweeney said that if they could eliminate Route 24, they would, Mr. Bailey said that this is so fat from Brost of Lincoln, they didn't care. Mr. Greeley said that Route 2A is on the extremities of the National Park and the extremities of Lincoln and they would just as soon have it all out; they would rather have Route 2A go through Bedford. Mr Gray asked for permission to ask the state DPW for one ac- cess road in this area; we are deeply concerned about this. Mr Greeley said that we have to be able to get from Mass Avenue to Route 2 Mr Gray said that is our position; we like this the way it is; we wouldn't fight to oppose the two loops, as shown on the proposal. We are going to concentrate on this and stay out of that Mr Mabee felt that it is to our advantage to have these two routes resolved The Chairman instructed Mr Gray to talk with Mr Zaleski and bring him up to date on this matter Mr Gray said that the Traffic Committee has been approached by the State DPW regarding the TOPICS program. They sent us a map with their suggestions for streets that might qualify under TOPICS Before we go any further, the Traffic Committee would like to know if the Board approves the streets these streets have to connect or connect into a major street The Chairman asked how this obligates us? Mr Gray said that there are two agreements to be signed, the preliminary agreement on the study and survey of the streets in- TOPICS volved on this map After the study is made, they come back to the Board and discuss the improvements recommended by the Consul- tants; if the Board goes along with these, the second agreement is signed, a construction agreement. We would have to agree to main- tain after completion and agree to change the parking regulations if recommended On the second agreement, we would have to bear any costs for landtaking, and off-street parking; once it is completed the maintenance belongs to the Town .of Lexington. We are concerned with the channeliaation, traffic signals, etc. , would have to be updated Mr Greeley said that on the second agreement, we cannot bar- gain; in the last analysis, we take the whole package or none? Mr McSweeney replied in the affirmative. The Chairman said that we can go to the first stage and call it quits What will it cost us in time, effort and cooperation of people? Mr McSweeney said that the State and local people would par- ticipate in regard to the study; it is paid for by the State The Chairman asked if we could get a letter on that? Mr McSweeney didn't think so; they haven't gone that far themselves There have been six communities selected to partici- "' pate " 4Th Mr Greeley asked if we had a much smaller selection of streets, would they still study the intermediate streets on connection? Mr Gray asked if he meant to eliminate streets? Actually, they came up with as many or a, few more than we had recommended; we wanted to show streets that are eligible for this study. Mr Greeley asked if the Planning Board has looked at it? Re wondered if they had looked at the section of Emerson Road between Adams and East Street, from Grant Street to the Mall. Mr McSweeney said that we could put it in. Mr Gray said that he had discussed this with the Chief and it was decided to leave it out Mr Mabee asked, why not all eligible streets? Are there anylby error or omission? Mr Gray replied that we tried to include all eligible streets. Mr McSweeney said that Eldred is a good one, it connects to a main street; we put Wood Street in; they had Park Drive and we took that out. Mr. McSweeney said that we would have to enter into a contract like we did on Route 2 and if we do go ahead with it, we would have to maintain the projects. The Chairman said that it is the feeling of the Board to proceed. Mr Greeley asked if we have to have a recommendation of the Planning Board on this? Mr Gray replied, no; Mr Zaleski is a member of the Traffic Committee I think the Planning Board would be happy to have Mr. Zaleski present it to them and to ask them. The Chairman instructed Mr. Gray to inform the Planning Board that the Board has granted approval to the Traffic Safety Committee to proceed with the TOPICS Program and would like their comments on this. Mr Burke informed the Board that bids were taken on September 16 for the construction of two tennis courts at the Lexington Center Playground. Only one bid was received, the Zani Excavating Company, Inc. , Box 334, Natick, for $13,300 He has checked them out with Tennis Court the Boston Bituminous and Boston Blacktop Companies and they are Contract very highly recommended The Putnam Company of Farrington, Connec- ticut will put the surface on. Mr Burke requested the Board to award the contract to the Zani Excavating Co , Inc. Upon motion duly made and seconded, it was voted to award the contract for the construction of two tennis courts at the Center Playground to the Zani Excavating Company, Inc. , in the amount of $13,300 The Chairman said that the School Department requests that the School Board approve a transfer of $2500 to the School Department Budget Transfer Account #2100-6 for Consultant's fees for a site investigation, pre- liminary schematics and cost estimates for the use of the Lexington Academy Elementary School by the Lexington School Department. 419 Upon motion duly made and seconded, it was voted to approve the request of the School Department for a transfer of $2500 for Consultant's fees for the evaluation of the Lexington Academy The Chairman read a request for a transfer of $211 50 to the Fire Department Ambulance Account #4200, The Registry Of Motor Vehicles has refused to accept the ambulance due to the faulty front springs and it is necessary to replace them; there Fireman Dept are also laundry and medical supplies bills to be paid, Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Re- Serve Fund to the Fire Department Ambulance Account #4200, in the amount of $211,50, Upon motion duly made and seconded, it was voted to sign the form certifying the character of Albert and Lillian Russell, 28 Cert of Sky View Road, who have applied for a Certificate of Incorporation Incorp under the name of "The Universal Christian Association for the Improvement of Black People, Inc " Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's Meetings held on December 16, 23 and Minutes 30, 1968; January 6, 13, 1969; February 25, 1969 September 8 and 15, 1969 Mr Greeley informed the Board that he had reported to the LCSR Commission that the Selectmen had declined to appoint Warren Roberts to the Commission as a representative of the forgotten man The LCSR agreed to recommend to the Board of Selectmen that membership on the Commission comprise represents- LCSR tives of major townwide citizen groups, non-partisan, and dedi- cated to social interest concoestaalt with those of the Commission (in addition to major Town Boards) It was suggested that the Citizens Committee for the Lexington Public Schools qualifies under this definition, and Mr Greeley agreed to propose that addition to the Board The Chairman was not in favor until he knows how many organ- izations would encompass, Mr Greeley said that this is the only organization that has asked for this appointment He didn't know whether a comprehen- sive canvass could be made but the Commission feels that this is an appropriate one; they think they would lend support to programs the Commission might encourage on educational issues, moderate in- come housing, etc, The Chairman said that they could be associate members; although not voting members, you could take into consideration what they have to say Mr Kenney felt that if the Board allows the group to become too large, it would become unwieldly 420 Mr Greeley said that he is making this as a recommendation to the Board; he could not make an unofficial recommendation now; it should be put to a vote The Chairman said that he would have to vote no Mr Mabee asked Mr Greeley if there were any plans for others to come in and ask to be members and if the membership should be reviewed and discussed again. Mr Greeley said that they did review, but not the groups they reviewed the policy and tried to establish guidelines; many groups could say they come within these guidelines The only thing that separates this group is that it claims to be a vitally interested group, is sending a representative regularly, and this sets it apart from the others. Mr Mabee was opposed to the motion as the Commission is appointed by the Board to advise the Board and we have a good smattering now. Mr Kenney said that these people are made perfectly welcome as participants. Mr Greeley moved that the Board invite the Citizens Commit- tee for the Lexington Public Schools to become a member of the LCSR Commission, and to nominate a representative No one seconded the motion The Chairman said that the Board would like to keep the Com- mission to the number of members it now has. Mr Greeley read an excerpt from the LCSR meeting held on September 16. "Mr Wella briefly described a movement underway by groups all over the country to dramatize the public's desire to see an end to the war in Vietnam. The plans include massive peace demonstrations on Peace Day, October 15, and a resolution Peace Day for Congresl.and the President to bring about a settlement. Mr Wells appealed to the Commission to recommend that the Select- men subscribe to that resolution His rationale was that so long as great sums of money are being spent in Vietnam, federal funds would not be available to relieve problems of unemployment, housing and poverty among the i.nation's underprivileged people. The peace effort is logically tied to civil rights efforts " After a lengthy discussion, the Commission voted, over- whelmingly, to call another meeting on October 1 at 8 00 P.M at the First Parish Church. Mr. Greeley urged the members of the Board to attend. He felt that it was an inappropriate thing for the Commission to do but they feel that the money being spent on Vietnam makes it an appropriate charge. They may formally decide to present the resolution to the Selectmen but I wodld be much happier if the Commission found it inappropriate They want to show that it is en appropriate action within the charge of the Commission The Board may be faced with the decision to' pass the resolution The Chairman said that he and the members of the Board would attend 42.1_ Mr Mabee said that we have acquired the Douglass property and the Library Trustees would like to have an amount of parking be made directly available for Library patrons; there should be some connection so that people could park there and walk through Library the back entrance of the Library. Parking Mr. Gray said that the Traffic Committee will look into this The Chairman asked Mr Gray if any bids have been taken on the demolition of the building? Mr Gray said that two companies have leen asked but he hasn't heard from them; he hopes to have a price by next Monday evening. Mr Mabee explained to the Board that the Library has exhibits once a month and sometimes people bring the paintings but they Library sometimes require a truck Recently, the Library has rented a truck Exhibits and they pay a fairly large amount for it He wondered if arrange- ments could be made to use a Town truck The Chairman instructed Mr Gray to talk with Mr Hilton and Mr Burke about the use of a truck. Mr Gray said that the School Department has a small panel truck The Chairman said that each member of the Board has received a copy of the betterment charges and licenses fees We should discuss the changes, if any, in the charges. Upon motion duly made and seconded, it was voted to approve the following Town Charges. Town TOWN CHARGES Charges Type Charge New Charge Police Department Accident Report 10,00 10.00 Bicycle Registration .50 .50 Police Report 5 00 5.00 Selectmen Taxi License 1.00 15.00 Taxi Operator 1.00 5.00 Package Store 1500 00 1500.00 Hotels and Motels 2500 00 2500 00 Clubs 250.00 250 00 Auctioneer 2.00 10 00 First Class License 10.00 25.00 Second Class License 15 00 25.00 I D Liquor Card 2 00 2 00 Common Victualer 5 00 15 00 Lodging Houses 2.00 15 00 Theatre 25 00 25 00 Sunday 50 00 50 00 Intelligence Office 1 00 15 00 4'22 .yam Charge New Charge Public Works Department Natter Connection Permit No CharSe No Change Sewer Connection Permit No Charge ' 14WChange License to lay drains, etc. $10.00 "No Change New Sewer Services Owner pays all cost No Change Renewal of Sewer Owner pays from street line to house No Change Town pays from main to street line No change Repairs to Sewer Services Owner pays on his property No Change Town pays within street limits No Change Sewer Stoppage Town pays all cost No Change New Water Service Owner pays all cost No Change Water Meter Repairs Main to curb cock, Town pays No Change Curb cock to house, owner pays No Change Water Meter Damage or Frozen Property Owner pays No Change Turning Water Meter on and $3 00 it requested by off for repairs owner No Change Seasonal Connection $1. 50 turn on 1 50 turn off No Change DekingtehtbFee on Water Bill 1 .00 No Change Constructions Betterments- Set by special Act Ch. Sewer 221 Acts of 1926 No Change Guide License Fees are under study. The Chairman is to talk with Mr Leon Burke. The Chairman asked Mr, Burke to find out what the surrounding towns charge the utility companies for permits for street openings. Mr Burke said that he would get out a questionnaire to the communities Drains were discussed. Mr Greeley said that we should seri- Drains & ously consider a charge on subdivisions; ;we spend a tremendous amount Street of time on inspection of subdivisions. Opening Mr, '(Agro said that the Planning Board has this under Permits considerations; you might want to get their recommendations Street Opening Permits and Drain Connection Pmrmits are to be given further study. Permits for the Dump were discussed. Commercial vehicles now Dump pay $25.00 per year it was recommended that they pay $300 00, The Chairman said that we should come up with a complete package on the coat to issue stickers to the residents of the Town; if it 423 costa $1,000, fine, but if $3,000 or $4,000, we should take into consideration a way to defray the cost, We need information on the cost to print the stickers and estimated cost to issue and procedure to issue also, information on the cost for Policemen. Construction Betterments were discussed. Sewer Betterments are set by Special Act, Chapter 221, Acts of I926. The Chairman said that there is a recommendation for con- Sewer sideration of individuals with long frontage Betterments Mr McSweeney said that we would, have to change the formula of the Act Mr Legro said that we can't change it; it could be done by abating the betterment. ' Sidewalk assessments were discussed. The charge is now $1.00 per foot, under Chapter 83, Section 26; this rate set by Sidewalk Selectmen not to exceed one-half Thia should be changed, Betterments as the average cost to the Town is $7 00 per foot After discussion, it was agreed to consider the assessment of the bettered property one-half the cost of the lowest construction coat of the sidewalk constructed during that year. The Chairman asked if we could do anything about assessing both sides of the street if the sidewalk was put only on one side? This suggestion is to be further discussed. Street betterments were discussed The charge is now $10 00 per font, under the Chapter 80 rate set by the Selectmen Street Mr McSweeney read cost figures; in 1967, $38 00 per foot Betterments and in 1969, $59 60. He said that on Hillcrest Avenue, without engineering costs, it figures to $72 00 with a sidewalk on one side, drainage and street construction The Chairman said that if we were getting one-half the coat, we should be getting $15.00 a foot Mr Mabee said that if Chapter 83 is so fair, why not use it? Mr McSweeney said we said that the formula was fair but would have to go back to the Legislature to change it. Mr Greeley said that Mr Mabee is saying why not pay one-half Mr Mabee said, one-half for everything, streets, sidewalks, etc. Mr Gray said that it would change it from a five-year cycle to a three-year cycle. Mr Greeley said that the total cost would be divided between the two, each side, would be fair; this is what the subdivider is doing. This would be an assessment of one-third by the Town and one-third assessed against the property bettered on each side of the street The Chairman asked Mr Legro if we adopt a new formula could we legally assess the new streets? Mr Legro replied that you have already filed your street orders and in them you have included the schedule of estimated betterments - the answer is, no. Mr Mabee said that he would agree to one-third; subdivisions have been paying over the average of the last three years. Mr Gray said that you want the average cost for three years split into thirds; why not say, the average of the last three years of the contract. Mr Greeley asked if we aren't establishing a policy, rather than a fixed rate? The Chairman said that it is a formula. Mr Legro said that on streets, the Selectmen established a rate cost per foot on which the betterments are assessed; he didn't recall any limitation on that, other than special benefits to the abutter The Chairman suggested that we can get together on what we think the formula should be and ask Mr Legro for his opinion. We are considering that the property bettered will be assessed one- third by the Town and one-third against the property assessed on each side of the street; the average cost of street construction over the past three years will be used as a base in the determin- ation of the amount of the betterments. The Board discussed sidewalks Mr Legro said that we are back to the definition of the abut- ter; when the Legislature passed this, it was the side of the street on which the sidewalk was installed The Chairman said that the streets will be based on the pre- vious three-year construction cost Mr Greeley said that if you figure on some extraordinary cost in the past three years, you would leave it out Mr McSweeney disagreed; he would deduct the sidewalk The Chairman said that it is the feeling that, on side-walks, it will be the average of the last three years' construction Sidewalk cost, with the Town paying half and the abutter half. He asked Legislation if there was any difference in the policy if the Town constructs the sidewalk which has not been asked for by the abutter but as a result of a request from the School Department? Mr Mabee said that if you draw that line, you are dead. Mr Kenney asked about a sidewalk built by itself and a street constructed? Mr Mabee said that if you build a sidewalk at the same time you construct the street, you build that in. Mr Legro said that the statute provides for assessment of a reasonable amount not exceeding one-half the cost The Chairman said that for us to establish this formula, we would need our own legislation. Mr Gray said that you can come up with a betterment for one- half the cost The Chairman asked, until we can get legislation, can we establish the policy that we get the lowest sidewalk installed and use one-half the coat of that; the lowest cost is $4 00 a foot and we assess $2 00 a foot? 1 425 Mr Legro replied, yes, as long as it doesn't exceed one-half. Mr Mabee said that we are not going to establish betterments until the sidewalks are in Mr McSweeney said that you never do; you give them an esti- mated figure Mr Greeley said that we should talk with Mr Cole if Mr. Legro finds that we can't do it on both sides, we ought to get a statute amendment Mr Legro said that it isn't going to make any difference in the coat to the Town Mr Greeley said that it might in the longer range policy, i.e sidewalks for schools, whether borne by both sides or one side; if the school asked for Cedar Street on one side, I as not going to put a charge on the other side. Mr Legro said that the only way to assess on :both sides.is by way of special legislation If we do change, the only effect would be on the rate per foot Mr Greeley felt that a sidewalk on one aide is a fair thing to do. Mr Legro said that there was another difficulty - how much a sidewalk on the one side benefits the other side; it is worth much more to some people to have a lawn Mr Kenney said that, maybe, we should leave sidewalks alone; there are more people coming in saying they don't want the sidewalks. The Chairman said that we have $200,000 in requests for side- ' walks. Water main construction was discussed and it was agreed to con- sider that the property bettered will be assessed on the basis of one-third by the Town and one-third assessed against the property Water bettered on each side of the street; the average cost of water con- Mains struction over the past three years will be used as a base in the determination of the amount of the betterments. Mr. Gray said that he will report back to the Board on Dump Permits, Street Opening Permits and give the language on items on construction betterments Mr Gray mentioned that Monday, October 13, is a holiday and asked the Board to set a date for the meeting of that week. It was agreed to set a date on next Monday evening. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect Executive the public security, the financial interest of the Town or the Session reputation of any person After discussion of matters of financial interest to the Town and personnel matters, it was voted to adjourn at 10.15 P.M A true record, Attest Executive Clerk, Selectme Ni