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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 4[02 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. I 404 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 I f L_