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HomeMy WebLinkAbout1969-05-28-BOS-min 3t14 SELECTMEN 'S MEETING May 28, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Wed- nesday evening, May 28, 1969 at 7: 30 P .M. Chairman Cataldo, Messrs Mabee, Kenney, Greeley, and Bailey were present. Mr . Legro, Town Counsel, Mr Gray, Execu- tive Assistant, Mr . Burke, Superintendent of Public Works Mr . McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. Mr . Legro requested the Board to sign an Order of Taking covering the Chandler, land on Grove Street; this was voted by the Board for Conservation purposes. no damages because of a firm price of $13,000 on the op- Chandler tion. The land certificate, described the lot as 7.5 Order of acres but the deed into the Chandler land, the option Taking and Order of Taking describe it as 7 .9 acres; the old Assessors ' map has it as 8 .25 acres Upon motion duly made and seconded it was voted to sign the Order of Taking on the Chandler land on Grove Street. Mr . Greeley asked if we know where the boundaries aret Mr Legro replied, pretty much; the distance in is 32+ feet along the boundary going out to Grove Street. Mr . Greeley asked if a survey should be made before we take it/ Mr . Legro said that it was not necessary; we are going to get what is there . If we were doing it on the price per acre , we should, but this is a fixed price . Although the option says 7 9 acres, the price isn't based on that amount. We are getting all the land that is on the deed. Technically the agreement will be per- formed by May 30th Mr Smith is content with it. Mr . Legro requested the Board to sign the Order of Taking for a drain easement off Woburn Street in the land of George Hamperian and Thomas G and Margaret F. Drain Magner . Easement Upon motion duly made and seconded it was voted to Hamperian- sign the Order of Taking for a drain easement in the Magner property of George Hamperian and Thomas G. and Margaret F. Magner . I 308 Mr. Legro requested tyle Board to sign the Order of Taking for a drain easement off Bedford Street, northerly from the B & M right of way, in the proper- ty of Hugo and Rochelle Rossi, 15 Ledgelawn Avenue. Upon motion duly made and seconded, it was voted to sign the Order of Taking for a drain easement in the property of Hugo and Rochelle Rossi. Mr. Legro said that he had an Order of Taking of a sewer easement from Spring Street to Barberry Road to Concord Avenue; this is somewhat interrelated to the Hayden Avenue trunk sewer. Mr. McSweeney said that the Board voted no dam- ages to Kennecott Copper. The Board voted to take this from the existing sewer easement to Hayden Avenue. The Commonwealth of Massachusetts had taken an easement and laid the pipe across Route 2; the Town decided to take a portion; the taking is one-half of the easement and the State has one-half. We have a letter from Mr. Mistretta and he will work with Mr. Legro. We have a problem in that it will take the State from one to two months to make the taking; they are re-routing the sewer for the Kennecott Copper building. The Chairman asked what the Town is doing on the sewer across Route 2? Spring St. Mr. McSweeney said that we are holding back a pay- Barberry ment from DeMatteo Company. Road The Chairman asked what happens if we are redy I Concord and it is not fixed? Avenue Mr. McSweeney said that he had talked with the Sewer State Chief Construction Engineer who said that he would hold this. DeMatteo said that he is not going back, and it should be cleaned; it is 28 feet deep and the pipe is 10 inches in diameter. They should have left it in a better condition. It is not hard to clean, but it is a matter of principle and it is dif- ficult for us at 28 feet down. The DeMatteo contract was with the State and the State inspected it. Mr. Legro said that his question is whether Spring Street and Hayden Avenue sewers are so interrelated that we dontt want to make the taking for Spring Street until Hayden Avenue is resolved. He asked if Spring Street would be of any value without Hayden Avenue? Mr. McSweeney answered in the negative. Mr. Legro said that when he found that the State easement was on this parcel; we had to cross the drain easement which was not taken on behalf of the Town, I wrote to Mr. McSweeney and asked to have the State take the easement on behalf of the Town. Mr. Mabee suggested that the Board hold up on the taking. I 309 Mr. McSweeney said that the contract is awarded and the problem is that we have to go back to the State and try to expedite this . It was agreed to hold the Order of Taking. Mr. Legro said that he could draw a new Order and correct the dates in the event we don't have it recorded within the expiration of thirty days. The Chairman said that Mr. McSweeney has all the information and will call Commissioner Ribbs tomorrow. Mr. Legro informed the Board that he had received a copy of a letter from Lloyd V. Polhamus, 81 Blossom- crest Road, accepting an award of damages voted by the Board in 1967. He asked if there was enough money in Blossom- the appropriation to cover this; Messrs. Goldberg, crest Grabski and Abbott awards of damages are still pending award and must come out of this appropriation, also. Mr. Gray said that a transfer of $500 has been re- ceived to cover Blossomorest Road. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discus- sing, deliberating or voting an matters which if made Executive public, might adversely affect the public security, the Session financial interests of the Town or the reputation of any person. After discussion of a matter of financial interest to the Town, it was voted to resume the open meeting. Mr. Cortell met with the Board. The Chairman informed Mr. Cortell that the Board has a feeling of frustration because Town Meeting au- thorized the project at the "Res ", and there was an Old "res " appropriation of $30,000 to develop it. We find that the equipment is not made and not available; before we spend any more money, we wanted you to give us the in- formation you have on the equipment. Mr. Cortell said that we found a manufacturer who could produce this equipment and we prepared the speci- fications and submitted them to Public Works for them to get the equipment ordered. We were assured by the distributor that the equipment was available and he gave us the details as to what was required. When we went to order the equipment, we were advised that word had been received from the factory that the equipment had been discontinued and they did not anticipate that particular unit would be available again. We decided that we would not proceed any further until we found an adequate substitute. I am pleased to report that I have been able to locate equipment that will be 310 satisfactory from a company not very far from the original com- pany and they are very familiar with the work we had done; they are very knowledgeable as to our needs. I have spoken to a gentlemen who has completed the specifications but will not have the written information before tomorrow or Saturday. If we are in a position to place the order, it will be approximate- ly two weeks. The cost of the equipment is approximately the same: as we anticipated on the original. The Chairman asked if .Mr. Burke has all the information. Mr. Cortell said that he has nothing; it was late last night when I got it. The Chairman said that we take it as a mandate from Town Meeting to get this project going. If it is not going to be this week, forget it. Mr. Cortell said that everyone involved had no way of knowing whether the company would or would not provide the equip- ment; they made the decision that they would not provide it. The Chairman asked when he would have the complete informa- tion on whether we should go ahead. Mr. Cortell said that he would have the information before the week is out and we should be ready to move next week. He has never done business with this firm before but they have sold two units to a firm in Littleton and he will go there and look at them, if he has the time. The Chairman asked if Mr. Cortell believes that the firm will deliver in three weeks? Mr. Cortell said that they feel they will be ready in two weeks, and ready for shipment within three weeks. The Chairman asked if he had gone over the figures to see how the budget stands? Mr. Cgrtell said that they have budgeted around $7,000 for the equipment and the quote was well within the $7,000. The only problem is the electrical connection. The Chairman said that we would like to know where we are going and the dates as fet-es opening the area; Recreation has to hire people. Mr. Cortell said that he would like to shoot for July 4 if we can get the power in. If we can get the equipment and can do something, it would be worth its we may be able to swim there in August, but I don't know. The Chairman asked Mr. Cortell to get all the facts together and discuss them with Mr. Burke. Mr. Cortell retired. Mr. Greeley said that we will advertise the bids on the "Res" in next week's paper. Mr. Donald Graham net with the Board. TOPICS The Chairman said that the Board wanted to get his views on the TOPICS Program. 311 Mr. Graham said that he would use as a text, the Bureau of Public Roads' memo on it; the requirements that have to be followed for the State to qualify for the program. First, it is a new pro- gram, authorised as TOPICS, and the purpose is to encourage the states to undertake a program for improving the capacity of exist- ing streets and they have authorised $200 million, a total program of $800 million. Mr. Greeley asked if it began on July 1, 1969? Mr. Graham said that it includes the fiscal year of 1969-1970 and money for two fiscal years following that; it should be accom- plished by the summer of 1972. It is a systematic program and planned for the entire Metropolitan area as a highway improvement plan and the State already qualifies for that on an area-wide TOPICS plan developed for three kinds of streets. He said that he didn't know what the State classifications are for specific streets; if Bedford Street is secondary, Hartwell Avenue could be a primary street. Also, type two could be parts of the downtown area, not necessarily Massachusetts Avenue, to make downtown complete. The selection of type two is done by the State; the final decision on the street is made by the Bureau of Public Roads; if the State says that Hartwell Avenue is not on it and we can prove it should be, the Bureau takes that into consideration. The important thing is the plans, they have to be comprehensive, they have to be either for the entire street, like through the area of Massachusetts Avenue, tor a Major portion of the street. It is a comprehensive approach so that traffic will flow smoothly, rather than backing into intersec- tions. Basically, it is a system that has to be inventoried, He propose to fill in the gaps so that preliminary plans have to be done, The Chairmen asked if this is the money they are asking for at this Town Meeting. Mr, Graham said, $5,000; this is what we need; roadway types and conditions, public transportation route', existing traffic laws and all the practices authorised and unauthorized; difficult park- ing, handling of trucks loading and unloading, to determine the capacity of the road and to classify the traffic by the motor vehi- cle type, whether a primary commuter road or a truck route; in- formation on the traffic itself, peak-hour traffic and kinds of speed that are possible as to access, the Accident rate and access to commercial airports; this is relevant here as Hanscom is a commercial airport. After we go through the inventory and the kinds of improvements we think should take place, we have to go to the State. The kinds of improvements actually eligible are widen- ing of additional traffic lanes, grade separations, highway cross- ings, installation of control systems signals and other -devices required; street lighting helps to reduce traffic accidents and, also, modification of curbs; these help to get a better handling of traffic flow; there could be a short section of reconstruction of a street to build a street through and make it part of the system. This is the kind of thing the State should do but in 312 order to make sure Lexington gets involved, we are recommending that Lexington take the initiative; if this gets off the ground, Lexington would be only one town involved. Boston, Quincy, Maldep and Cambridge could use up all of the money in Massachu- setts. The Federal Division Engineer has to receive written assurance that the body approves prior to construction; there has to be written evidence, This means that the total program for TOPICS is made up of individual projects. Mr, McSweeney said that the TOPICS Program is based on Chapter 90 roads; i.e., they could widen Waltham Street. Mr. Kenney asked what they could do for Adams Street? Mr. McSweeney said that they Would take out the curbs, Mr. Kenney said, in other words, they come up with a com- plete package. The Chairman asked, suppose that we appropriate $5,000 and there is no money available. Mr, Graham said that we could still find out the important things to do that we couldn't do ourselves. The Chairman asked if they did the master plan and we did accept it, would this master plan be available to us to resoles our problems? Mr. Graham said it would be; we would still have to go through the specific designs for specific improvements. The Chairman asked how much money we would have to spend? Mr. Graham said that he wouldn't say more than $5,000, The Chairman said that we would be getting new information that we don't have available now, Mr. Graham laid that, basically, it is filling in the gaps. They would like to do it with In-house skills. Mr. Greeley said that the cost is $5,000, plus a lot of staff time, Mr. Graham said that Worthen Road was mentioned and there was $5,000 for that, Mr. McSweeney said that if you want to enter into the TOPICS Program and the State is willing to do stage 1, at stage 1, they will hire the services of a consultant and it would cost more than $5,000 for the 2nd stage, Why should we initi- ate this, I don't see how we can acquire this In-house and a consultant for $5,000. Mr. Graham said that if we don't put any money in, we will never see TOPICS. Mr, McSweeney said that he felt that we should be a little more realistic; phase 1 can be done by the State and no guaran- tee of funds and they will proceed on this basis. Mr, Greeley said that Mr. Graham is saying that there wouldn't be enough money for phases 2 and 3. Mr, Graham said that Boston and Malden will be concentrating their attention on it. Mr. McSweeney said that they have the data for that. The Chairman asked how this would tie us down? 313 Mr. Graham said that if we have to assemble the information and inform the State, the information doesn't commit us to anything - nothing can be done without this written agreement . The Chairman asked why the Appropriation Committee turned it down? Mr. Graham said that they haven't turned it down, they think that this is too complicated. Mr. Kenney asked if he was saying for the future control of the traffic, we •should have this? Mr. Graham replied in the affirmative . Mr. McSweeney said that under Phase 1, we would have information of value . Mr. Greeley asked if Town Meeting turns this down, would the Planning Board recommend going after the State to do the phase 1 job? Mr. Graham said that the first thing is a letter to the State . The Chairman said that we haven't sent it in. Mr. Greeley asked if he felt it important enough to go after the State and ask them to do it? Mr. Graham answered in the affirmative. Mr. Greeley said that marking funds for stage •2 and 3 might not come around and you feel it should be $5,000 in order to qualify for the State and Federal government. Mr. Graham said that we are going to get all kinds of support form the Bureau of Public Roads ; it wants Lexington as a prototype . The Chairman asked if there was any indication that the State would appropriate their share of the money? Mr. Graham said that the money is there. The Chairman said that they will discuss what posi- tion the Board wants to take on this and if it is favor- able, Mr. Greeley will present it. Mr. Graham said that if the Board says it is unfavorable, the Planning Board might say that they do not recommend it . Mr. Graham retired. Later on in the meeting, the Chairman asked the Board's opinion on the traffic study. Mr. Kenney said that on the basis of what Mr. Graham said, it may be $5,000 ; before we signed up for TOPICS, I would like some more information on it. Mr. Bailey and Mr. Greeley agreed to support it; Mr. Greeley said that he will tell Town Meeting that he is not sure of Stage 2 and Stage 3 and is not convinced that they are going to go farther. I 314 Mr. Gray informed the Board that a letter has been received from John Byrne, Plumbing Inspector, request- ing that a substitute be appointed for the period of June 16-19, as Mr. Byrne will be attending a convention Substitute of master plumbers in Florida. Plumbing Upon motion duly made and seconded, it was voted Inspector to appoint Thomas W. Kelley, Assistant Building In- spector, as a substitute Plumbing Inspector for the period of June 16-19, 1969. Mr. Gray informed the Board that Mr. Jeremiah, Wire Substitute Inspector, is ill and he recommended that Mr. Edward Wire Burke be appointed as substitute Wire Inspector until Inspector Mr. Jeremiah returns. Upon motion duly made and seconded, it was voted to appoint Mr. Edward Burke as substitute Wire Inspector until Mr. Jeremiah returns to work. Mr. Gray informed the Board that he had contacted Mr. Esserian and Mr. Kleeburgregarding the tax title lots. Mr. Esserian offered 2500 for the three lots and Mr. Kleeburg, $2,000; Mr. Ryan offered $1,000 for the Tax smaller lot which abuts his property. Title The Chairman said that we will hold this item until after Town Meeting. Mr. Gray said that he will tell them that the Board will advertise the lots. Mr. Greeley suggested that it be added to one or more existing lots. Mr. Gray said that he will talk to the people and tell them that it will not be done until after Town Meeting. Mr. Gray said that Mr. Whelan has indicated that Camp, Dresser and McKee wants a study to be made at the sanitary disposal area and Mr. Gray feels that this is Town going to require at least two men for a week and we Dump don't have the men. Mr. Burke said that they want it classified, the trucks measured; we would have to stop each vehicle. The Chairman informed Mr. Gray to tell Mr. Whalon that this is impossible. Mr. Burke informed the Board that Starrett Company has a contract to resurface Route 2A through Lexington, Lincoln and Sudbury. We were notified that it was to be resurfaced and that installations should be done. We got a letter that Starrett was the contractor and we have to raise our water gauge valves; there are 400 of 315 them and we have no money. He requested the Board to II authorize him to negotiate with Starrett to do the work. Mr. Kenney asked why the State didn't notify him? Mr. Burke said that the only notification was that they were going to resurface. We had $50,000 in the street resurfacing account. Mr. Gray said that it could go to highway mainten- ance account. The Chairman asked Mr. Legro if it could come out of this account? Mr. Legro asked Mr. Burke if he was going to do his resurfacing, he would have to spend money to raise the manholes? Mr. Burke replied in the affirmative. Mr. Legro said that he thought it could be done but the Comptroller would have to answer this. Mr. Burke said that he had called Starrett and they will let me know if they can do the work. The Chairman said that our only approach is that we have to get them raised. Mr. Burke will get a price from Starrett; it is not mandatory that Starrett do it and Mr. Burke can get another price. Mr. Legro said that we can invite two or more bids; we don't have to advertise. The Chairman said that, then, we work out the mech- anics oh how we are going to pay for this. Get a price and we will award on Monday night. The Chairman said that he had discussed the Person- nel Committee with the Appropriation Committee; they wanted to- hold off until they resolved their thinking. I talked with Don Noyes and he would rather have five members than seven; Bill Welch won't be available as he is going to New York. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen's Meeting held Minutes on April 28, 1969. The Chairman read a letter from the American Legion regarding children using the park area between the le- Legion gion and School Administration building for a ball field. It was agreed that Mr. Gray is to talk to the Recrea- tion Committee and the Chief of Police to see if the area could be restricted during certain hours. The Chairman informed the Board that the plans for the Town Office Building are ready; all of the alternate Town Office plans are here and Plan 3, which is what we finally ac- Building cepted. On the Police Station, we will leave the cell 1 316 block where it is as we felt that it is cheaper to spend $6,000 or $7,000 for a garage. The Chairman asked Mr. McSweeney if he had met with the industrial people on the Lexington-Hanscom Field Traffic Study? Mr. McSweeney said that a committee has been set up with the facilities people and he felt that, with the Board's approval, they could meet with some- one in the State; the Traffic Committee would be the steering committee. We could see Commissioner Ribbs and will be told that it will fit into some program and it will be five years off. He requested permis- sion of the Board to meet, the Board and the facilities people, with people from Bedford. Mr. Greeley asked if it would be more effective if the study was transmitted to Commissioner Ribbs rather than Bedford? Hanscom - Mr. McSweeney said that we discussed this and felt Lexington that the first approach would be to soft-pedel on Bed- Field ford. Traffic Mr. Gray said that if we approach Bedford and say Study we have had this made, it may be the end of it. I think we should talk to the State first, as a matter of courtesy. Mr. McSweeney said that we have money left to co- operate with the State for anything further they might want. We will set up a meeting with Commissioner Ribbs and will ask Mr. Cole. Mr. Bailey -said that he was pessimistic. The Win- ter Street interchange is as incomplete as it was three years ago when the industrial representatives talked with Commissioner Ribbs and were told that it would be at least five years to get the money. Mr. McSweeney said that we have new money avail- able now. It was agreed to set up a meeting with Commissioner Ribbs, Mr. Cataldo, Mr. McSweeney and Representative Cole. t Mr. Legro said that ha had received word. that HUD will not approve the transfer of control of two parcels Jr. High concerning the Junior High. He had a question on the Article opinion if we were violating the contract if the play- fields were put on conservation land; primarily, it affects the School Committee. It means indefinite post- ponement on the transfer article. I have a motion prepared if they wish to go through with it, but I don't think it can be done. HUD won't give approval in return for land already held by the Town; only for new land. I suggested to the Committee that it be sure there won't 317 be any reduction in the school assistance funds; it may eliminate aid if the fields are built on conservation land; they have always required that we have the land for school purposes. Technically, there is a serious question whether the appropriation under this Article, building a playfield on conservation land, is within the scope of the Article. If they get up and talk about building a playground on conservation land, when they go to spend the money, they had better make up their minds that they are not going to be getting any reimbursement. Upon motion duly made and seconded, it was voted to adjourn at 10:05 P.M. A true record, Attest : Executive Clerk, Select n