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HomeMy WebLinkAbout1969-05-19-BOS-min 2b() SELEC1INEN'S MEETING May 19, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 19, 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 The Chairman opened the Meeting and it was agreed to go into Executive Session 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, would affect the public security, the financial interest of the Town, or the reputation of any person After discussion concerning a new Town Committee, it was voted to resume the open meeting The Chairman said that the Drug Advisory Committee recommends that Robert J. Paradise be retained as Consultant to the Drug Ad- visory Committee. Mr Paradise is to be available for fifteen Drug hours a week at a salary of $75.00 a week. He has a graduate de- Consultant gree in social work and has spent the last twelve years working with emotionally disturbed children and some adults He is Program Director at the Walker Home in Needham; thio is an intensive care program for severely disturbed young. boys. He is a field work In- structor at the Boston University Graduate School of Social Work. Upon motion duly made and seconded, it was voted to appoint Robert J Paradise as Consultant to the Drug Advisory Committee, at a salary of $75 00 for fifteen hours a week. Mr Legro said that he has an order of taking for a drain ease- Order of ment on Reed Street; the drain is to start at Laurel Street from Taking Reed Center Street to just beyond Myrtle Street. He requested the Board St. Drain to sign the order of taking; the Board has voted to install the drain Upon motion duly made and seconded, it was voted to sign the order of taking for a drain easement on Reed Street. The motions for the June Town Meeting were discussed and it was agreed to get the information from the Appropriations Committee for Mr Legro. The Chairman asked Mr Legro if he had the information on the land swap I 29 i Mr. Legro said that he had talked with Mr Taylor and he said to forget it Mr Taylor had not received the information and said that it would be better to have approval from HUD before we acted, rather than attempt some patch-up motion Mr. Legro said that he had asked him to check and be sure that the approach would not in any manner affect the assistance from the School Assistance Bureau. Jr. High Mr Greeley asked if the swap had anything to do with the area? Mr Legro said that the School Building Assistance Bureau urged him to be careful on the descriptions regarding State help Mr Legro said that he had pointed out to Mr Taylor that, before we get through with the legal title, the SBAB may be involved and, if that is the case, I will be ready Mr Legro had no more information Mr, Gray informed the Board that Mr Burrell had said that Dr. Kessler has not been attending the meetings of the Civil Defense Ad- Civil De- viaory Committee, but he didn't know whether Dr Kessler was offici- fense Ad- ally off the Board visory The Chairman asked Mr Gray to talk with the other members of Committee the Civil Defense Advisory Committee and see if they would suggest names; there is a vacancy of an appointment from the Board of Se- leetmen, also. Mr Gray informed the Board that Mr McSweeney has had a plan prepared for the Utica Street site; it shows the area involved for 111 Conservation and the Town The plan was shown to the Board and Mr Gray said that if we wish to use this land, we must have access as we might get into problems with the State, It was agreed to send a copy to the Conservation Commission Utica St. and tell them what we have voted. Mr Legro asked if the Board is going to exercise the option, where do we go on that back parcel of 7 9 acres. Mr Gray said that we had an extension on that to sixty days The Chairman said that when he had talked to him he was going to try to clear the title Mr Legro said that he will call the Attorney and that will be the most direct route Mr Gray said that he would like to discuss the Bsserian land, He showed a plan and said that Mr Bsserian had sold the land which had been discussed as a possible future playground. He would like to buy the piece of land which consists of 3 58 acres; this is the same land that Mr Ryan is interested in buying one lot and Mr Bsserian Kleeburg would like three lots Land The Chairman asked how much Mr Esserien is offering for the land? Mr Gray replied that he had offered $1500. The Chairman said that Mr. Gray should inform Mr Eseerian that it was not enough money and to find out how much Mr Ryan and Mr Kleeburg would offer. 298 Mr Legro asked what Mr. Esserian is going to do with these lots? Mr Gray said that he has three legal lots now and he will add on to them in order to have three lots of larger square foot- age; we can't give him a right of way to the street. Mr Legro said that Grandview Avenue is a paper street; he will have a problem with that street Mr Gray said that Mr. Esserian has said that he does not know what he is going to do with Grandview Avenue Mr Gray asked if the Board would like to set a price. The Chairman instructed Mr Gray to talk with Mr Ryan and Mr Kleeburg to see what they will offer. Traffic Mr Gray informed the Board that the Traffic Study is on the Agenda agenda for discussion at the meeting of the Selectmen on May 28, 1969 Mr. Burke informed the Board that he has heard nothing from Old "Rea" Mr. Cortell regarding substitute equipment at the old "res". He had tried to contact Mr. Cortell but was unable to reach him. Mr Burke informed the Board that bids had beeh received for Bid oil stone for the surface treatment program. He recommended that the contract be awarded to Massachusetts Broken Stone Co. for $4.65 per ton delivered and spread. Upon motion duly made and seconded, it was voted to award the contract for oil stone to the Massachusetts Broken Stone Co. , in the amount of $4 65 per ton, deliverd and spread. Mr Burke informed the Board that a letter has been received from Town Counsel regarding the request received from Perley Gil- bert Associates, architects for Temple Isaiah, for permission of the Town to construct a light roof or canopy which would extend over the Town's water easement to connect the existing building and, also, permission to locate two footings within the easement Temple Mr Legro states that, in his opinion, it is important not to re- Isaiah lease rights as to any particular easement unless the circum- stances are clearly different from those of the numerous other ease- ments held by the Town in other locations and unless the possibility of the future need for the rights release is very remote; he has no information that either of these conditions applies to this case. Mr Burke said that they may erect the building, but not the canopy; the easement is 40 feet. Mr Legro said that the nature of the topography of the land may require that heavy equipment might have to go in there and that permission to construct the roof or canopy or to locate the footings within the easement could seriously impair the easements now held by the Town. No matter tihat we do, we are giving up rights in this easement. Problems may arise if there are disputes as to the need to dismantle the roof to permit repair, removal or replacement of the line, particularly if the Town is dealing with someone other than the original party to the agreement with respect to removal He feels that it would be virtually impossible to ob- tain assurances that would adequately protect the Town's interest in the easement The Chairman said that if that main burst where the canopy would be and tore it to shreds, they would come after us for damages. Mr Legro said that the liability is for negligence; the Town does want the opportunity to go in there with whatever kind of equip- ment is necessary to get the job done before there is greater.damige Mr Greeley asked about the height of the equipment that would have to be used Mr Burke said that for the swing and the height for a 3/4 yard shovel , we are talking 16 feet Mr Legro maid we just do not have any rights and would be li- able for damages. We have a 24" water main with 3,342,000 gallons; we have a problem but if the Board wants to find another way around, I am not going to stop them Mr Greeley said that, at the present time, they have parking on part of the easement; if they give us an easement through the parking driveways, the equipment could maneuver; this would not be much worse than we now have Mr Legro said that he didn't feel that this is the sort of thing you do The Chairman said that the Board's position should be taken on the consideration of the size of the main It would be in their own best interests not to have structures over it; it should be free and accessible at all times; if it were a 6" or 8" main, we would look at it differently There is no question that there is a legal ap- proach around it. It was agreed to write to Temple Isaiah informing them that the Board reluctantly denies permission to construct a canopy which would extend over the Town's water easement to connect the existing building with a proposed building The Chairman read a letter from the Permanent Building Committee requesting authorization to spend $400 for a site plan of the old "res " The Chairman said that this is not the function of the Permanent Building Committee; this is the type of thing that the Planning Board, the Recreation Committee and the Board of Selectmen have undertaken and we should continue to complete that policy. Mr Greeley said that we should have a plan made, The Chairman said that we should see how much they are expending; we should have had a plan made before we started the project. It was agreed to write to the Permanent Building Committee and thank them for their interest in this project at the "res" and ex- plain that it is not a function of the Permanent Building Committee to have a plan prepared but the Board would appreciate any suggestions they may have for a landscape architect 300 The Chairman read a letter from Marcia Dane, requesting that a member of the Board attend a meeting of a committee for UNICEF collections on Halloween, UNICEF It was agreed to write a letter to Miss Dane commending her for her objectives but, unfortunately, it is impossible for a member of the Board to participate as a member of the UNICEF Committee The Board recommends that she contact the service organizations in Lexington to solicit their assistance. Upon motion duly made and seconded, it was voted to certify the character of Richard F Perry and seven other Lexington resi- dents, who have applied for a Certificate of Incorporation under Certificate the name of "Pop Warner Football, Inc " of Incorporation Upon motion duly made and seconded, it was voted to certify the character of John A Sharkey, 13 Hazel Road, and Robert E. Sharkey, 9 Hazel Road, mho have applied for a Certificate of In- corporation under the name of "Sgt Frederick H. Sullivan, VFW Post 1628, Bedford, Mass Home, Inc." Minutes Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen's Meeting held on May 5, 1969. Upon motion duly made and seconded, it was voted to sign a Liquor Identification card for the following Liquor I.D Dennis C. Domenichini 4 Alcott Road Gerald M. Carchia 227 Grove Street Anne Lipshutz 32 Hill Street Upon motion duly made and seconded, it was voted to sign the abatements for water rates, because of a wrong reading, for the Abatements following Hanscom Air Base $3,906 89 Donald P Noyes 16.10 Roger W Brockett 46.88 Curtin Realty Trust 53 79 Mr McSweeney informed the Board that bids had been received May 16 on the softball field at the Lincoln Street recreational area Re had sent out ten invitations and received only two bids. Lincoln St. LiDonni, Inc , of Waltham bid $28,747.50 for seven items but, tak- ' Softball ing only the four necessary items, the bid was $13,837 50; DeFlice Bros. Corp , of Lexington bid $8,062.50 Mr. McSweeney recommended that the bids be rejected as they were too high and should have been about $5500, for what they were planning to do. The Chairman said that, basically, if we break it down and let it out separately, we could get it down to that figure. Upon motion duly made and seconded, it was voted to reject the bids received from LiDonni, Inc , and DeFlice Bros Corp , for the softball field at the Lincoln Street recreational area. :i() Mr. McSweeney discussed the Hill Street-Diana Lane trunk sewer. He said that we moved this permanent easement outside this property line. Mr Berglund originally appraised the damages at $800 and $200, total of $1,000; now we have just received word that he eli- minated $200 from the Collins property It is going into a small portion of the Lexington Golf Club and he now gives Mr. Smith a nuisance value and Mr McGrath none The Chairman asked what was the basis for the $800? Mr McSweeney replied that it was ten percent of the value, it Hill St.- is very clear there is room for the house and even room for a garage. Diana The Chairman asked how much of the easement was on his property Lane Mr McSweeney said, 20' , all on his property. The Chairman asked if we are taking any trees off the Smith property on the temporary easement Mr McSweeney answered in the negative The Chairman said that there is no question that he is entitled to something for taking part of the 20 feet. He asked if there were damages for the back? Mr McSweeney said, no, it is entirely on our land Upon motion duly made and seconded, it was voted to award the following damages on the Hill Street-Diana Lane trunk sewer: $200 to Arthur W. Collins, 79 Hill Street, Edgar E Smith, 81 Hill Street, no damages Mr McGrath, 77 Hill Street, no damages; Lexington Golf Club, no .damages Mr McSweeney informed the Board that he would like to recommend to the Board that Harvey Adams be appointed as Senior Engineer. He has been with the Engineering Department for nine years and is a grade three junior engineer and, if appointed, would be stepping up to grade four. The Chairman said that Mr. McSweeney would be hiring a new Senior grade three. Engineer Mr McSweeney replied, at budget time; there are four students graduating from Wentworth who are interested in the position. Mr. Gray said that he has known Harvey for some time and he is qualified for the position The Appropriation Committee felt that we should wait until next year to fill the job but now agrees to a decision made by the Board Upon motion duly made and seconded, it was voted to appoint Harvey Adams as Senior Engineer, effective May 19, 1969 with an anni- versary date of April 1, 1969 The Chairman said that he would like to discuss the TOPICS pro- gram. The Planning Board is asking us to send a letter to Commissioner Ribbs requesting that Lexington be considered for funds TOPICS Mr. McSweeney said that the TOPICS program was instituted in 1967 and is a traffic operations program to increase capacity and safety and provides 50 percent federal aid and 50 percent state aid They first need a comprehensive study of Lexington to determine where these e)O2 improvements are needed Their continued maintenance must be agreed to in writing; it is a long range program and no monies of the Town are involved. After three years, Wellesley is presently implemting the study with the federal government; they are the first town in- volved It is supposed to be for over 50,000 population, but in Massachusetts they are dividing it up with towns of over 10,000 and cities of over 50,000. It is handled by Mr. Amadon, on a part-time basis, for the state. It is the feeling of the Planning Board and Mr Amadon that if we applied, our application would go in like any- one else; they pay for the study All we do is send in a letter, then they will initiate a study through a consultant, but the im- provements are localized; it is increasing the capacity for existing arterials and could possibly mean the widening of Spring Street. Mr. McSweeney asked Mr Legro if we needed the approval of Town Meet- ing to enter into this agreement, even though this is 100 percent funded? Mr. Legro said that it depends on what the agreement is; ordi* narily, there must be Town Meeting authority for accepting federal funds. He asked if the Town pays for stage two? Mr McSweeney said, no, at stage two, if the state and federal have decided that this is what they want to do, they will come to the Town and ask for local agreement; they have to get written ap- proval from the local governing body Mr Mabee asked if we have to have it if we don't like it at stage two? Mr Greeley said that we have to agree; once they build it, we have to maintain it. He asked Mr Legro if we have to take all of phase two, or none of it, or if we can be selective? Mr. Legro said that if we take something, we have to have authority from Town Meeting. The Chairman suggested that Mr. Legro check out the TOPICS program. He asked if the Article we have drawn is broad enough to include this? Mr. Legro replied that it may very well cover it It was agreed to hold up the letter to Commissioner .Ribbs until Town Counsel checks out the TOPICS Program. Mr McSweeney said that he would like to discuss Chapter 519; he said that we need money As far as the Traffic Safety Committee is concerned, we need improvements to Worthen Road and Massachusetts Chapter 519 Avenue and to increase our capabilities at Massachusetts Avenue and Waltham Street and Waltham Street and Marrett Road These inter- sections need a certain amount of improvements and he would like the Board of Selectmen and the Traffic Safety Committee to get in- volved in Chapter 519. He would like to see some direction, ter take care of Massachusetts Avenue - Worthen Road and. Bedford Street - Hartwell Avenue. 303 The Chairman informed him that he must come up with justi- fication on Town Meeting floor; last time, we had no justifica- tion to warrant the money. He asked Mr. McSweeney to come up with justification for the Board to support it. Mr Greeley said that he was not familiar with the extent to which the State Public Works Department could exercise on the stop lights As a Town Meeting member, he was unhappy when issues arise and Public Works won't let us do things. He would like to have more of an answer as to what the State DPW regards as criteria The Chairman said that this is the setup as far as justifi- cation and control granting permits. Mr McSweeney said that this is taken care of by one man in State Traffic Mr Greeley said that we ought to get correspondence on this Mr Gray said that we have submitted application for inter- sections. We put up a sign before it was approved and they made us take it down We requested lights along Bedford Street Mr, Greeley said that we ought to make a request and publi- cize the answers Mr. Kenney discussed the continuation of the beautification of the center and questioned whether the Board is making a mis- take. Mr. Bailey asked if anyone had clearly stated what would happen with the test pattern? Mr Kenney felt that we should not deny parking; we could cut down on the islands He had seen traffic backed up to the Post Office at 4 00 P.M , and asked what happens when the islands are put in? Mr Bailey asked what happens if everything comes out as Lexington trouble? Center The Chairman said that the flow of traffic is really what we are looking for; if we didn't have 11' lanes, we wouldn't have half the problem we have Basically, as I see it, we are not going to build it until November. We can't move those trees now, and wouldn't want to run tests in July and August If anything is going to be done, if we did run some tests, if we do it next fall , we might find out that the traffic flow isn't going to be affected Mr Mabee said that the Committee would like the oppor- tunity to study it in depth, why not give it back to them? The Chairman said that he was not concerned with the park- ing pattern. Mr. Mabee said that you could tell them that there is something to be learned The Chairman said that the Committee was strictly on de- sign, not traffic 304 Mr . Greeley said that they are our Committee, we asked them and the Planning Board to review again and it was the concensus that it ought to go forward as originally planned; that is what I voted for . The Chairman said that it was the opinion of the Board, as we voted. Mr . Gray said that a letter has been received from Mr Jaquith requesting a meeting with the Board Arts & to discuss a request from the Arts and Crafts Society Crafts for a sign on Massachusetts Avenue and Waltham Street Sign showing the location of the Arts and Crafts Building. The Chairman instructed Mr Gray to talk with Mr Jaquith to find out where the Arts and Crafts So- ciety proposes to put the sign, and report back to the Board Mr Bailey said that he was interested in hearing comments relevant to overtime for firefighters. Mr . Legro said that the statute is if a fireman is required to work beyond the normal hours, unless the department gives him equal time off, it must pay him such an amount, but not less than time and a half is Fire not mandatory. It is recommended that the department Department get something in the nature of an application to volun- Overtime tarily work these days and it would be straight time . The Chairman asked where the statute does apply? If a fireman should get off at 6:00 o'clock but does not get off until 10:00 o'clock, do you pay time and a half? Mr Legro said, yes, any time the department head requires them to work beyond the regular hours. He asked Mr Bailey what happens if they are short-handed? Mr Bailey said that they go through the list again when this happens. Mr . Legro said that they should be consistent about it. Mr Bailey said that the men would rather have the time off than the money. Mr . Legro said that they may be working on other jobs The Chairman said that he would like the Board to appoint a salary committee next Wednesday night and Personnel would like a recommendation for the language for the Salary function and the charge. He would like the Board to Committee be increased to seven members, as each time they met last year , only three would show up; if we have seven members, there should be at least five at every meeting. They would operate permanently and, with what we want them to go into, we should go in that direction. We should contact Don Noyes Sidney Williams and Bill Welsh. He asked the Board's feeling about asking them to con- sider serving; he would like some recommendations . Mr . Greeley asked if there should be someone from the Appropriation Committee? The Chairman said that it could be Ed Furash; Nancy Hudson said that she would serve . He asked the Board's feeling regarding seven members? Mr Mabee said that he had no objection; a great deal depends on the makeup of the committee . He sug- gested talking with Don Noyes, Sidney Williams and Bill Welsh and see what the individual feeling is . Mr . Greeley said that he would rather have five members who would come regularly, but would have no ob- jection to seven members. Mr . Mabee said to ask Don Noyes; he could be chair- man; we should appoint Neil Chapman as an Ex-officio member ; he camtt make the regular meetings. 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 the public security, the public interests or the reputation of any person After discussion of matters of financial interest to I the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9:55 P.M. . A true record, Attest: Executive Clerk, Selectme/