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HomeMy WebLinkAbout1969-01-13-BOS-min 14 i SELECTMEN'S MEETING January 13, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 13, 1969 at 7 :30 p.m. Chairman Cataldo, Messrs. Cole, Mabee, Kenney and Greeley were present. Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. At 7 :30 p.m. , the Chairman declared the meeting open for a legal hearing on the application of the Knights of Columbus Building Association, Inc. for a K of C Club Liquor License. Club Mr. David Walsh, representing the Knights of License Columbus, and Mr. Vincent Benfante were present. Mr. Walsh said that a certificate of Authority had been voted by the Building Association on December 30, 1968, authorizing Vincent Benfante, as Manager of the Associa- tion, to apply to the Town for a Club Liquor License for all alcoholic beverages to be dispensed on the premises of the Association. He presented a Certificate stating ' that Mr. Benfante had sent, by certified mail, a copy of the newspaper notice of the hearing to all abutters . He hoped the Board would act favorably on the application. The Chairman asked if a list of the Charter has been submitted? Mr. Walsh said that he will submit one. Mr. Gray said that they were not organized under Chapter 180, which is provided for under the statute; they have a Charter from a national organization. Mr. Walsh explained a plan of the building and in- formed the Board that the building is set back 300' from Bedford Street on 100' frontage. There is a large hall with bar, kitchen, restrooms, checkroom, and lobby. On the other side, there is an office and a large room with a refreshment area set up for use of the members. There is a private entrance to the building. They propose to activate an area for functions, and will serve liquor at these functions. The Chairman asked if there will be a bartender on duty? Mr. Walsh said that they have not developed their plans as they are awaiting the action of the Board. He didn't know whether there would be a man on duty just for functions or would maintain regular hours. I X46 Mr. Mabee asked if the lower level and the ground level were the only areas they were requesting for bars and service bars? Mr. Walsh replied in the affirmative. No one appearing in favor or in opposition, the Chairman declared that portion of the hearing closed. The Chairman informed Mr. Walsh that the Board would take the matter under advisement. Later on in the meeting, the Board discussed the regulations covering Club Licenses and Mr. Legro said that it should be added to the rules that holiday hours shall be as determined by the Board of Selectmen. Also, Mr. Legro pointed out that under the provisions of the General Laws, Chapter 138, he would like the licensees to understand that anyone who serves liquor to a person under twenty-one years of age can be found guilty, whether bartender, waitress or manager even though a person has shown an identification card as proof of age. The above rules are to be included in the Regu- lations covering Club Licenses. Upon motion duly made and seconded, it was voted to grant a Club License to Lexington Council No. 94., Knights of Columbus Building Association, Inc. , sub- ject to the regulations covering Club Licenses . Mr. Gray informed the Board that the Treasurer had received a letter from the New Er land Merchants National Bond Bank requesting a vote df the Board designating the Bond Counsel Counsel. Mr. Yewell has checked it out and requests a vote of the Board. The Chairman said that the Board agrees on a vote. Storey, Thorndike, Palmer and Dodge will be put in the classification of special employees. Mr. Greeley said that this means that they cannot have other interests in the Town, as classified under the Conflict of Interest Law. Mr. Gray said that a regular employee cannot carry on any business with the Town. One of their attorneys could represent any Board or Commission, but not the Board of Selectmen, not for a bond. Upon motion duly made and seconded, it was voted that the position of bond counsel and any individual or firm employed as Bond Counsel to the town or to any municipal agency thereof or thereunder be hereby classi- fied as a special municipal employee pursuant to Chapter 268A of the General Laws, to the extent that they are "municipal employees" under said law. Employment as Bond Counsel shall for the purpose hereof include the rendering of advice, the drafing of documents, the 147 rendering of an opinion approving the legality of bonds or notes issued by the town and the provision of other legal services with respect to financing and the authori- zation and issuance of indebtedness. Mr. Gray said that a request has been received from the Veteran' s Agent and the Comptroller, to ask the Trustees of Public Trusts for a transfer of $233.4.9 from Transfer the Bridge Charitable Fund to the Veterans ' Agent. There are three outstanding bills to be paid. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to transfer the sum of $233.49 from the Bridge Charitable Fund to the Veterans ' Account. Mr. McSweeney informed the Board that bids had been opened today for sewer construction for Lowell Street and Woburn Street. The lowest bidder is P. Gioioso and Lowell- Sons at $ 707; plus engineering fees, the total Woburn St. figure is $162,000 and this amount is within the appro- Sewer priation. Contract The Chairman asked if this bid is for the pumping station? Mr. McSweeney said that it was, it was for the whole works; we are still meeting with one person for easements. We will have the contract prepared. The Chairman asked if everything was in order as far as Commissioner Ribbs was concerned? Mr. McSweeney said that we will have a review of the contract before construction. Y Mr. McSweeney said that he would like to set a date for the public street hearing. Upon motion duly made and seconded, it was voted Street to hold the public street hearing on February 13, 1969. Hearing Mr. Gray informed the Board that the Article for the acceptance of Roger Greeley Village Road is not in proper form. He had talked with thelechitect and Housing there is no genuine layout - no allocation allotted Article for:it. He had also talked with Mr. Scanlon regarding the maintenance of the road. Mr. Gray felt that there is is too much work between the Housing and Lexington. The Chairman said that the Housing Authority re- quested that we insert the Article; we usually honor the request, as a courtesy. He asked Mr. Gray to talk with them and ask them to write a letter and withdraw the Article, as soon as possible. Mr. Taylor of the Permanent Building Committee met with the Board. S The Chairman told Mr. Taylor that the Board would like to discuss the construction of the facilities at Reservoir the Reservoir and to charge the Permanent Building Com- mittee with letting out the bid and the construction of the building. We have all of the information and will make it available to you. As I understand it, we are to appoint two members. Mr. Taylor said that they would be two non-voting members,; we more or less treat them as members. Mr. Greeley said that we have the sanitary facili- ties that are required by the Board of Health. Mr. Mazerall is to take care of the size of the building. We have a quotation from a local contractor and will give it to Mr. Taylor. The Chairman said that the Board will appoint two members to the Committee later on in the evening. Mr. Taylor said that this is only for the building. Whom should we talk to, to collect other information. The Chairman advised Mr. Taylor to clear everything through the Executive Assistant. He asked if the Board of Selectmen would give final approval of the decisions? Mr. Taylor replied in the affirmative and asked what the time limit is. The Chairman said that they would like it for this coming season. There may be a budget problem; we have a budget of $30,000 and it should cover all of this. Mr. Taylor asked how much they could spend? The Chairman said that there is nothing concrete as far as design is concerned. Your Committee should comelipwith a number to satisfy the statutes. If you say $10,000 and can't build it for that . . . There is not mudimore than that allotted to the building. Mr. Greeley said that we are in the process of getting quotations and have no idea of when we 14111 get the figures together. IZr. Taylor said that we should come up with an estimated cost. The Chairman said that most of our problem is to satisfy the State statutes. Mr. Mabee asked if there should be an Article in the Warrant for more money. The Chairman replied in the negative. Mr. Taylor retired from the meeting. Upon motion duly made and seconded, it was voted to certify the characters of the following, who have applied for Certificates of Incorporation: Cert. of Dean E. Nicholson 7 Sherburne Road Incorp. "Robert Norris Charitable Foundation, Inc." 1 1 y Robert E. Longpre 5 Smith Avenue "Boston Metro & Suburban Pontiac Dealer Advertising Association, Inc." The Chairman read a letter from Commissioner Hibbs which stated that the tentative allotment for 1969 would be, State grant of $2,000; County to be $2,000 and Town, Chapter $2,Q00 on construction, State grant, $29,700; County, 90 $14,850; Town, $14,850. Mr. Gray informed the Board that we have been going on the premise of $4500 and asked if they would consider raising the amount to $6,000? Upon motion duly made and seconded, it was voted to increase the amount of Chapter 90 to $6,000. Hearing was declared open upon petition of the Boston Edison Company for permission to locate one pole on Childs Road. Notices of the hearing were mailed to the petition- ers, owners of the property as listed on the petitioner's plans, and also filed with the Town Engineer. Pole Mr. Pratt, representing the Boston Edison Company, Location was present and explained to the Board that the request was for a new street lighting pole, to be placed 5 feet off the lot line. The Chairman asked if it was agreeable with the ' neighbors? Mr. McSweeney said that it was agreeable as long as it was turned to face into the cul-de-sac. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the following pole location: Childs Road, northerly side, approximately 418' east of Diana Lane - One (1) pole. The Chairman read a letter from John Morrow, Jr. , 158 East Street, requesting an abatement of $73.65 sidewalk betterment assessment. Deferment The Board agreed to write Mr. Morrow to apply in the future for a deferment. Upon motion duly made and seconded, it was voted to have representation at the DPU public hearing on power failures of December 28 and 29, 1968 and pract- DPU ices of the Boston Edison Company in connection there- Hearing with. The Chairman read a letter from the Arlington Board of Selectmen regarding the Great Meadows. Basically,' Great it was about the charge of the Great Meadows Study Com-me Meadows mittee; Arlington feels it should coback to the joint Boards and the joint Boards would award the contract. X50 Mr. Kenney said that Town Counsel had something to say on the joint award; the contract will actually be executed by Arlington. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- Executive cussing, deliberating or voting on matters which, if Session made public, might adversely affect 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 resume the open meeting. Upon motion duly made and seconded, it was voted to appoint Benedict Bertini and Eric B. Kula as non- Permanent voting members of the Permanent Building Committee to Building represent the Board of Selectmen on the committee for Committee the construction of the bathhouse at the old "res." Upon motion duly made and seconded, it was voted to adjourn at 10:25 p.m. A true record, Attest: 0 , h, _ Executive Clerk, Selectm , *4.)