HomeMy WebLinkAbout1969-09-08-BOS-min 401
SELECTMEN'S MEETING
September 8, 1969
A regular meeting of the Board of Selectmen was held in the
Selectmen's Room, Town Office Building, on Monday evening, Sep-
tember 8, 1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee,
Kenney Greeley and Bailey were present. Mr Legro, Town Coun-
sel ; Mr Gray, Executive Assistant; 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, three jurors were drawn
as follows
Cecil K Harris 26 Monroe Road
Stamey A Bozzi 42 Baker Avenue
William Myerow 3 Suzanne Road Jurors
Hearing was declared open upon petition of the BostoeOldison
Company and the New England Telephone Company to locate three poles
on Reed Street,
Notices of the hearing were mailed to the petitioners, owners
of the property as listed on the petitioners' plan, and also filed
with the Town Engineer.
Mr. Dunn, representing the New England Telephone Company, was Pole
present and explained that these three poles were to be re-located Location
because of Town street work and were to be moved out to the street
line in order to do the sidewalk Mr Coscia has approved the re-
location of the three poles
No one appearing in favor or in opposition, the Chairman
declared the hearing closed.
Upon motion duly made and seconded, it was voted to grant
permission to the Boston Edison Company and the New England Tele-
phone Company for the following location
Reed Street, southwesterly side, northwesterly from a
point approximately 26' northwest of Kimball Road,---
Three (3) poles (three existing JO poles to be removed)
The Chairman said that a joint petition from the Boston Edison
Company and New England Telephone Company has been received, re-
questing permission to locate four poles, guy wire and anchor on Pole
first and third poles. Location
Upon motion duly made and seconded, it was voted to grant per-
mission to the Boston Edison Company and the New England Telephone
Company for the following location
Lawn Avenue, westerly from a point approximately 127' west
of Webster Road, -- Four (4) poles. Guy wire and anchor on
first and third poles
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The Chairman said that a joint petition from the Boston Edison
Company and New England Telephone Company has been received, re-
questing permission to locate one pole on Worthen Road.
Mr Dunn explained that this petition is for the re-location
of pole #6 which is in the middle of a driveway on the property
owned by Mr Deflice. In the same area, there is anotherP ole,
pole #9, located in the middle of the drive of the Douglass
Funeral Nome and, as a formal request has not been filed, he
asked for a vote of confidence from the Board in order to remove
the pole from the middle of the Douglass' driveway Mr Coscia
has requested that work on both poles be done at the same time.
Deflice Upon motion duly made and seconded, it was voted to grant
Pole permission to the Boston Edison Company and the New England Tele-
phone Company for the following location of pole #6
Worthen Road, northwesterly, approximately 550' south-
west of Bedford Street, -- One (1) pole. One existing
JO pole to be removed
Upon motion duly made and seconded, it was voted to grant per-
Douglass mission to the Boston Edison Company and the New England Telephone
Property Company to re-locate pole #9 on Worthen Road, subject to a plan
being submitted to the Town and the location approved by the Town
Engineer
Mr Dunn informed the Board that the Public Works Department
has requested that pole #141 , over 2, on Manley Court be moved
back two feet The .paper work has not been completed by the
Manley Ct Boston Edison Company but he requested approval of the Board for
Pole the re-location
Upon motion duly made and seconded, it was voted to grant per-
mission to the Boston Edison Company and the New England Telephone
Company to re+locate pole #141, over 2, on Manley Court, subject
to a plan being submitted to the Town and the location approved by
the Town Engineer
The Chairman informed the Board that a lettee has been re-
eeived from the New England Telephone Company on the underground
conduit on Spring Street The Telephone Company Engineer had been
Underground informed by the Town that their petition had been approved on
Conduit - August 25, 1969, subject to the preparation of realistic costs of
Spring Street the complete loop and the estimate of time to put the heavier cable
underground. A reply has been received from the Telephone Company
Engineer with the information requested and cost figures indicating
various costs for the two plans "A" and "B" presented by them. The
letter also stated that two of the three existing aerial cables
will be engineered for the removal in conjunction with the placement
of the underground cable in the new conduit system. Work has been
scheduled for 1970 and removal should take place late in 1970 or
early in 1971.
I The Chairman said that upon receipt of this letter, we have
issued the permit A copy of the Telephone Company Engineer's
letter will be sent to the residents of Spring Street
Mr Legro informed the Board that bids had been taken on
August 25 for lateral sewers and he requested that the contract be
awarded to the lowest bidder, Great Northern Constructors, Inc in
the amount of $132,340
Upon motion duly made and seconded, it was voted to award the Lateral
contract for lateral sewers to Great Northern Constructors, Inc. Sewer
in the amount of $132,340.
Mr Legro requested the Board to sign the contract with Great
Northern Constructors, Inc. for lateral sewers.
Mr Gray requested the Board to sign the contract with Blue
Cross-Blue Shield for Town employees and retired employees of the Insurance
Town. Contract
Upon motion duly made and seconded, it was voted to sign the
contract with Blue Cross-Blue Shield. for Town employees end re-
tired employees of the ToWn.
Mr, Gray informed the board that a petition has been received
from the residents of Bedford Street against the construction of
Friendly's Ice Cream Shop on the grounds of the First National
Stores He recommended that the petition be referred to the Plan- Friendly
ning Board as this land is zoned for this type of business. Ice Cream
The Chairman said that the petition has been received by the
Board of Selectmen and referring it to the Planning Board would
not stop the construction of the building. He had told one of
the signers of the petition to talk to the First National; once
the land is zoned, the Selectmen have no jurisdiction over it.
It was agreed to refer the petition to the Planning Board to
make sure that the zoning by-laws are adhered to.
Mr Gray said that funds were included in the budget for work
on the stage at Cary Hall and Charles Cole has offered to serve as
an unpaid consultant to the Superintendent of Public Works. Cary Mem.
Upon motion duly made and seconded, it was voted to appoint Stage
Charles H. Cole as an unpaid consultant to the Superintendent of
Public Works on the work to be done on the stage of Cary Memorial
Hall.
Mr Gray informed the Board that a public hearing on Chapter
90 roads is to be held on September 17 at the Courthouse. He re- Chapter 90
quested that a street be designated to be used as a Chapter 90
street for the coming year We submitted a list at Town Meeting
and recommend East Street and the balance of the funds to be used
on Worthen Road as $60,000 might not be sufficient money.
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The Chairmen strongly recommended East Street for Chapter 90
East St. funds; from Lowell Street to Grant Street, to take the bend out
Worthen Rd at Maureen Road He recommended Worthen Road as the secondary
road.
Mr Kenney said that there is a very bad corner there; there
may be objections from the abutters.
The Chairman said that we made the takings in the early
1940's The residents have been trying to get us to take the
position that this is a dangerous street and have been complaining
about the buses and how dangerous it is for children.
Mr Kenney asked if it would be a 30' road?
Mr Gray replied, probably.
The Chairman said that he felt the Board should take a position.
Mr Kenney said that the street is equally as dangerous as Adams
Street; it is unfortunate that the houses are so close to the street.
Mr Greeley felt that the Board should take the initiative that
the pavement should not exceed 30 feet, rather than leaving it open-
ended with the County
The Chairman said, either 30' or 44' ; at 44' you take the
houses
Upon motion duly made and seconded, it was voted to designate
East Street and Worthen Road for Chapter 90 funds.
Mr Arthur Burrell, Director of Civil Defense, met with the
Board. 111
The Chairman informed the Board that we have received an
award from the Commonwealth of Massachusetts, signed by the Direc111
-
tor of Civil Defense, to be presented to Mr. Burrell for out-
standing work done on the Massachusetts program. This citation
is given in recognition of the dedication and the hours put in
and it is most fitting that Mr Burrell receive the award.
Mr Burrell thanked the Chairman and accepted the award.
Civil Defense Mr. Burrell said that he has mailed a copy of the Lexington
Disaster Con- Disaster Control Plan to the Board and would like comments and ap-
trol Plan promal of the plan If approved, it will become Chapter 4,
Section G, of the Lexington Civil Defense Operation Plan If the
Board does agree with this concept, we could set up a committee
to be called the Disaster Planning Committee and consist of the
Building Inspector, Executive Health Officer, Assistant Superin-
tendent of Public Works, Police Lieutenant or Sergeant designated
by the Chief of Police, Fire Captain or Lieutenant designated by
the Chief of the Fire Department, the Director of Civil Defense
who will serve as Chairman We could see if we could make some
detailed agreements as to what we would do under certain condi-
tions and get approval of them.
The Chairman said that he was talking two different things.
Mr Burrell said that there are three separate things, inter-
related He had a request from the Air Base to hold a simulated
aircraft exercise, off the Base but within the Town; this could be
held in November at a time and location designated by the Town; it
would envision the crash of a large multi-engine military aircraft
411.1
loaded with hazardous cargo and would provide an opportunity for
the training of Town personnel in the handling of such an accident
and, also, training in joint-coordinated disaster activity with
Air Base personnel. We are required to hold four exercises but
they have not been held in many years. At the last inspection,
they got some static from the inspectors as this is primarily an
Air Base exercise but, in a crash, we would expect the Town ser-
vices to respond first; an interrelation of departments working
together This is the type of disaster which causes confusion
when it happens.
The Chairman asked if the Board approved the plan, would
there be anything that would end up as a budget request?
Mr Burrell replied in the negative.
Mr Gray said that this sets down, in one form, the types of
things which could occur and it is difficult to forecast what would
happen
Mr Kenney wondered how the Town Manager would fit in?
Mr Burrell said that, right now, the Board of Selectmen has
the authority but when we get a Town Manager, the Manager moves
into the position of the Board of Selectmen
Mr Mabee didn't see any conflict either way he felt it was
very straightforward
Mr Bailey said that the key is, to place gquarely in the hands
of Civil Defense the responsibility for planning and coordinating,
thus providing a focal point for activity of this area. I don't
think that there is any intent for Civil Defense to preempt any of
the normal operating functions of other Town agencies.
Mr Burrell said that this is not any different than exists now;
actually, in the State by-law, all I have done is take out war for
the by-law of the Town.
Mr. Bailey said that picking an aircraft disaster was an exam-
ple of a case where other Town departments would respond to the
emergency independently of Civil Defense; however, it certainly
makes sense for Civil Defense to coordinate the planning and train-
ing for such an emergency; it is important and ties into this
rationale
The Chairman asked the Board's feeling, on acceptance?
Mr Bailey asked how long the limitations were set up for in
Chapter 639, Acts of 1950?
Mr Burrell replied that they run indefinitely; the Town by-
law is limited to the length of the State statute and there is no
limitation on the State statute
The Chairman said that this becomes Chapter 4, Section G He
asked Mr Burrell's feeling regarding this?
Mr Burrell replied that we do get a correlation during a
major disaster.
Mr Bailey asked if the other involved departments had reviewed
this in the present form?
Mr Gray replied no
406
Upon motion duly made and seconded, it was voted' to accept
the Lexington Disaster Control Plan, as submitted by Mr Burrell,
to become Chapter 4, Section C, of the Lexington Civil Defense
Operation Plan.
Mr Burrell requested that the Board set up the Disaster
Planning Committee.
Mr Bailey asked if we can limit the level of the officer
Disaster of the police and fire departments, to keep an equivalent level?
Planning Mr Burrell said that he should be a detail officer of the
Committee police and fire departments
Upon motion duly made and seconded, it was voted to appoint
a Disaster Planning Committee, consisting of the Building Inspec-
tor, the Executive Health Officer, Assistant Superintendent of
Public Works, detail officer of the Police and Fire Departments,
designated by the Chief of Police and Chief of the Fire Depart-
ment, and the Director of Civil Defense, as Chairman of the
Committee
The Chairman said that we will set up a meeting of the
Committee
Mr Burrell said that a request has been received from the
Air Force for confirmation to hold a simulated aircraft accident
exercise off the base but within the Town This exercise would
be held in November, at a time and location designated by the
Town A preliminary meeting with Town department heads was held
on August 27, with a briefing by the Base Emergency Planning Offi-
cer The value of such an exercise was recognized and all Town
department heads have expressed approval
The Chairman said that there was no objection to granting
permission at this point but we should have the location nailed
down.
Mr Greeley said that the specific time and location should
be designated in advance.
Mr. Burrell said that they didn't get that far; they would
have the date but not the hour; the public obviously has to know
about it but if you specify the exact time, you lose the value of
it.
Mr. Greeley felt that the general time and place should be
well known in advance; they must know about it.
Mr Burrell said that we agreed with the Base Officer that we
would specify the date; this has to be cleared by their higher
authority.
Mr Kenney asked about the location.
Mr Burrell said that it has to be away from buildings; there
is the possibility of Willards Woods as it would be away from the
activity of the Town
The Chairman said that he wouldn't want to see the place torn
apart.
Mr Burrell said that we might get some heavy truck equipment
and fire apparatus and it might represent certain hazards
tot'
The Chairman asked how many Acne?
Mr. Burrell didn't know.
The Chairman asked if the Board approved the exercise or the
principle?
Mr Bailey asked if it would be directed to the Selectmen?
Mr Burrell replied, to the Civil Defense.
Mr Greeley said that we should work with it but would like
to know about how we are going, it can affect the safety of child-
ren and can cause accidents.
Mr Burrell said that if the Board gives general approval, we
will come back with the specific time and place.
The Chairman said that we would like that type of information
when you come back to the Board.
Mr. Burrell said that we may agree that we can't handle it.
The Chairman said that the Board agrees in principle He
asked Mr Burrell if he had the communications ready? The Board
is looking for an inventory of the Civil Defense Department in
order to be ready for Town Meeting The first step is what do
we have in the department and how we are going to use it.
Mr Burrell said that he didn't have an inventory; we have
had some discussion on communications. He asked if the Board
wanted the whole thing or major items?
The Chairman replied, items that could be used in case of
emergency
Mr Burrell said that we don't stock that much of it.
The Chairman said that the Board wanted an inventory, all of
the ;items, whether out or in
Mr. Burrell retired from the meeting.
Mr McSweeney informed the Board that bids were opened on
August 25 for the construction of streets, drains and sidewalks,
and the low bidder was A.R. Belli, Inc., 271 Nevada Street,
Newtonville; the alternate bid was for $234,562 50 and the total Streets,
bid was for $267,812 50. With the two streets, Manley Court and Drain &
Bridge Street, these monies were already asbigned to the contract Sidewalk
to Salvueci and we have a balance of $252,000 which is a bit lower Contract
than the bid for the total job, but after we pay the bill, we have Award
$242,000 to award the contract
Mr Kenney asked if the $234,000 included engineering?
Mr McSweeney said that the Town will have to take over on
the inspection. After review, the recommendation is to award the
contract to A.R. Belli, Inc , in the amount of $234,647.50.
Mr McSweeney asked the Board to request Town Counsel to
prepare necessary papers for slope easements for Lowell Street;
this is a request of the Department of Public Works for Chapter
90 Slope
Upon motion duly made and seconded, it was voted to request Easements
Town Counsel to prepare the necessary papers for takings for Lowell St
slope easements on Lowell Street
40S
Mr McSweeney read a letter of resignation from Frederick J
Assistant Town McGarry, Assistant Town Engineer, effective September 12, 1969
Engineer Upon motion duly made and seconded, it was voted to accept
the resignation of Frederick J McGarry, Assistant Town Engineer,
effective September 12, 1969
The Chairman read a letter from the Town Engineer, re-
questing the release of the remaining portion, $1,000, of the
Circle Bond for Buaa Realty Trust on Circle Road
Road Upon motion duly made and seconded, it was voted to re-
lease the bond of $1,000 for the Buss Realty Trust for Circle
Road and to return the deposit
The Chairman informed the Board that two petitions have
been received from the residents of Manley Court for the elimina-
tion of sidewalk construction on Manley Court
Mr McSweeney ,said that he had mat with Mrs Little regard-
ing a tree that she did not want taken out; he had told her that
we have finished the actual cutting of the slope up to the tree,
which is on the right of way, and would replace it with a shade
tree
The Chairman said that we are talking about the sidewalk.
Mr McSweeney said that the sidewalk would cost $3,000 but,
in the future, would cost $10,000 or $12,000; now is the time to
put in the sidewalk
The Chairman asked how many walls?
Manley Court Mr McSweeney replied that there were two walls.
Sidewalk Mr Bailey asked about the width of the pavement
Mr, McSweeney replied that it is 24 feet; the tree is too
close to the house
Mr David Savage, 9 Manley Court, said that they don't
need a sideiralk now or in the future as this area is built up
and there would be no more houses involved; there are only five
houses on the whole street and the two end ones are on Woburn
Street
Mr McSweeney said that the cost would be somewhere around
$3300, including the portion of the walls
The Chairman asked if they had finished cutting the street
in?
Mr McSweeney replied, yes.
The Chairman said that the Board would take the matter under
advisement; the design will be in the best interests of everybody
and the residents will be advised of the decision of the Board
Later on in the meeting, the Board agreed to eliminate the
sidewalk on Manley Court from the construction contract
The Chairman read a letter of resignation from Ruth G. Bevan,
Historic as a member of the Historic Districts Commission,
Districts Upon motion duly made and seconded, it was voted to accept,
Reis{gnation with regret, the resignation of Ruth G Bevan as a member of the
Historic Districts Commission.
40f 9
The Chairman informed the Board that a request for a transfer
of $1500 from the Reserve Fund has been received from the Town
Clerk this amount will be used for converting the census to data Transfer
processing service bureau as the earlier estimates by the School
Department were much too low.
Upon motion duly made and seconded, it was voted to request
the Appropriation Committee for a transfer of $1500 from the Re-
serve Fund to the Board of Registrars Personal Services Account
#2000
The Chairman read a letter from the Arts and Crafts Society
for permission to hold the annual Buckman Tavern exhibition on
Sunday, October 12, 1969 from 12 N to 6:00 P.M., on the north-
westerly area near the barn on the Buckman Tavern grounds; rain Permit
date of Sunday, October 19, 1969.
Upon motion duly made and seconded, it was voted to grant
permission to the Lexington Arts and Crafts Society, Inc. to hold
the annual Buckman Tavern exhibition on Sunday, October 12, 1969
from 12 N to 6 00 P.M , on the northwesterly area near the barn
on the Buckman Tavern grounds; rain date of October 19, 1969.
The Chairman read a letter from the residents of Benjamin
Road, requesting permission to hold a picnic and square dance on
Saturday, September 13, 1969 from 5 00 P.M to 11 00 P.M.
11/ Upon motion duly made and seconded, it was voted to grant Permit
permission to the residents of Benjamin Road to hold a picnic and
square dance on Saturday, September 13, 1969 from 5 00 P.M to
11 00 P.M
The Chairman read a letter from the Lexington Pop Warner Foot-
ball, Inc , requesting permission to conduct a bumper sticker fund
raising drive in the Town, beginning September 13, 1969 Sticker
Upon motion duly made and seconded, it was voted to inform Drive
Lexington Pop Warner Football , Inc , that the Board has no objec-
tion to them conducting a bumper sticker fund raising drive in
Lexington, beginning September 13, 1969.
Upon motion duly made and seconded, it was voted to author-
ize the Chairman to sign the Liquor Identification Card for I D Card
Judith L Emerson, 22 Thoreau Road
Upon motion duly made and seconded, it was voted to sign
the Certificate of Incorporation for the following Cert of
Incorp
Walter and Patricia Lopez 7 White Pine Lane
"Dial 99, Inc "
Bean A LeMarre 22 Bernard Street
"Hudson College, Inc.
410
The Chairman read a letter from the Director of Civil Defense
requesting the appointment of Major Howard J Norris, Jr , 9 Great
Appointment Rock Road, as Assistant Shelter Officer.
Civil Defense Upon motion duly made and seconded, it was voted to appoint
Major Howard J Norris, Jr , 9 Great Rock Road, as Assistant
Shelter Office:r.for Civil Defense.
Upon motion duly made and seconded, it was voted to approve
Minutes the minutes of the Selectmen's Meeting held on August 25, 1969
Mr Kenney discussed the plans for the Town Office Building
Town Office and requested approval of the Board for the final design
Building Upon motion duly made and seconded, it was voted that ap-
proval of the Board is given to go ahead with the final designt•of
the plans for the Town Office Building and Police Building
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
Session the public security, the financial interests of the Town or the
reputation 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.
Upon motion duly made and seconded, it was voted to adjourn
at 9 40 P.M
A true record, Attest
Executive Clerk, Selectmen
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