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HomeMy WebLinkAbout1968-11-18-BOS-min SELECTMEN ' S MEETING November 18, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening , November 18, 1968 at 7 30 P .M Chairman Cataldo, Messrs Cole, Mabee, Kenney and Greeley 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 Mr. Legro informed the Board that he had received copies of the swimming pool contract today at 4 30 P.H. He had read them and exception is taken to the weather condi , - tion clause of $40 00 per day if completion of the contract is delayed upon the specified date He hasn 't had an op- portunity to determine the effect of liquidated damages . Other than that, the contract is in reasonably accepted form It was patched together from other contracts and the Camp, Dresser and McKee proposal that the firms origi - nally put out . It will require interpretation but it can be made in a manner that will make the contract in approv- able form The Chairman asked if the clause should be stricken? Mr . McSweeney said that both bidders bad this question on the weather. I originally talked with them on this in September and I had a call again on Friday This is an ex- pensive operation and I would like to eliminate the time Swimming consumed for them to get answers I told them that if Pool there were any questions, to put them in Mr Greeley asked what the expiration date is? Mr . McSweeney said that it was February I , 1969 Mr Mabee asked if we have any right to retain ten per cent until the work is completed? Mr, McSweeney said that we did . Mr Greeley asked if we have any recourse if the work is not completed by June I , 1969? Mr Mabee asked if we did by the penalty clause? Mr McSweeney said that we retain the amount of money for the amount of work to be done Mr . Legro said that the provision for termination pro- vides for the Town ' s rights , in' event of abandonment, or if the conditions specified are not fulfilled or unreasonably delayed , or if the Contractor may discontinue, the Town may complete the work. I 4 Upon motion duly made and seconded , it was voted to sign the contract for the instructional swimming pool , awarded on November 13, 1968, to Continental Swim Pool Corporation, 239 Commercial Street, Lynn, in the amount of $ 16 ,925 Mr Cole suggested that the pool be named for Jack Garrity , who had done so much for the Town in this area Mr Mabee asked what is the name of the other pool ? Mr Gray replied that it was the Center Swimming Pool Mr Cole said that it would come under the jurisdic- tion_ ©f the Board to name it but we would consult and pro- pose it to the Recreation Committee The Chairman suggested that the entire Center Play- ground be named for Mr Garrity Mr Gray was instructed to write Mr Bond regarding the matter Mr Gray informed the Board that a letter has been received from George Wallis, 14 Dewey Road , requesting an Deferment abatement of sewer betterment assessment in the amount of Sewer $694 73 When the sewer line was constructed , Mr Wallis Betterment could not be connected because of gravity Mr Gray recommended that the abatement be deferred Upon motion duly made and seconded , It was voted to defer the sewer betterment assessment in the amount of $694 73 on Lot L C 9, 14 Dewey Road , owned by George Wallis Mr Gray informed the Board that a petition has been received from residents of Middle Street, requesting that three trees be saved on Middle Street when a Sidewalk is Trees constructed It stated that a public hearing had been held Middle and the Tree Warden felt that these trees were worth keeping Street Mr Cole asked if it was agreeable with Public Works as far as plowing is concerned? Mr Gray said that it was He had discussed it with the Town Engineer and it was agreed to request that the Board write to the petitioners and inform them that the three trees can be saved Upon motion duly made and seconded , it was voted to write the petitioners on Middle Street that trees No. I , 3 and 4 are to be saved during the construction of a side- walk on Middle Street Mr Gray requested the Board to sign a request for a transfer of $210 to Article 26, 1967 June Town Meeting . Transfer The appropriation for this Article has been depleted and Mr Legro has requested that a check for $210 be sent to Edward B and Julia Dempsey in settlement of damages aris- ing from a taking by the Town of rights in a portion of their land for the layout of Laconia Street11 7 Upon motion duly made and seconded , it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Article 26 , 1967 June Town Meeting, in the amount of $210, to settle an award of damages to Edward B Dempsey , in the amount of $210 Mr Gray said that the Board had agreed to rent the property on Clarke Street and he had been asked to come up with a rental figure It is his recommendation that the rent be $ 150 per month , subject to the provision that the teasee ; take care of all utilities Clarke St Mr Cole asked if the leassee would have an oblige- Property tion to take cace of the property? Mr Gray said that it would be spelled out in the agreement Upon motion duly made and seconded , it was voted that the rental fee on the property at 12 Clarke Street is to be $ 150 per month , plus utilities Mr. Gray asked the Board if the liquor license fee is to remain at $ 1500 or if the Board wishes to change the amount It was agreed that Mr Gray is to contact the sur- Liquor • rounding towns for information on the club liquor li - censes and report to the Board on next Monday evening Upon motion duly made and seconded , it was voted to authorize the Chairman to sign the Certificate of Incor- poration for William E Stone , 31 Somerset Road , "Asso- Cert of ciation for the Performing Arts , Inc " and Alien F Incorp Mirsky, II Turning Mill Road , "Health Careers , Inc " satisfactory character references having been received from the Police Department Upon motion duly made and seconded , it was voted to approve the Minutes of the Selectmen ' s Meeting held on Minutes October 21 , 1968 The Chairman informed the Board that this year he has served on the Hunting Committee The Article calls for a member of the Board of Selectmen to serve on the Article - Committee Mr Ripley is anxious to serve on the Com- Hunting mittee but he is unable to 1 would recommend that an Comm. Article be inserted in the Warrant changing the wording to read, Chairman of the Board or his designee Upon motion duly made and seconded , it was voted to insert an Article in the Warrant amending the Hunting Committee to read , "Chairman of the Board of Selectmen , or his designee " I 6 Mr Thomas Taylor of the Permanent Building Com- mittee met with the Board Mr Gray informed the Board that this meeting is a result of a letter received from Mr Taylor regarding the location of a sidewalk on Stedman Road. Mr Taylor introduced Mr Davie-s5„ Architect, and Mr Wolters, Landscape Artist , to the Board . Mr . Taylor said that in planning for the new Junior High , they recognize that Stedman Road is presently used as a foot- path from Marrett Road to the Franklin School and Brook- side Avenue; it is now plowed by the Town as a sidewalk. me Greeley asked if it was all plowed , or just from Brookside Avenue? Mr Taylor said that he understood that it was all plowed , from Marrett Road through , and it will be used extensively We have given some study to another alter- native access To put it on our oww school site would require cutting Stedman Road is an old road with trees and is a pretty footpath We checked informally with Town Counsel as to the status and he advised us that the fee in Stedman Road appears to be in private ownership ; it is not part of the school site, it is a private way and no action could be taken to improve it until it is laid out by the Board of Selectmen The houses would take some searching of title and the people might have Stedman rights Mr Taylor said that what we need is for the Road Town to take action for a public way. The only sensi - ble course is to convert it to a public way I have talked with Mr McSweeney and first it must be laid out and accepted I would suggest a sidewalk or a footpath , as the School Department doesn 't want to use this as a road. I talked with Mr Zaleski and he is to discuss it with the , Planning Board that it would never be needed for vehicular traffic The other pos- sibility is to take the fee of Stedman Road for School purposes If we could incorporate it on our site, we could include it and get 40 percent State Aid This makes the most sense to us I am here to find out if the Board of Selectmen would consider making a taking for school purposes, and if this is not possible, that the Board lay out for a foot access . The cost of pav- ing it with a minimum of grading is $4700 From Brook- side Avenue, it would be constructed and paved as a larger vehicular access and would have to be included in any layout and taking We would like it for a public access to the School To incorporate is the cheaper way Mr. Greeley said that there are three sections of Stedman-Marrett Road to the front door ; front door to Brookside; Brookside to the Franklin School Are you saying Franklin as a vehicular way? If you have a 77 public or a private way , you have a vehicular road , traffic will go in and out to the Junior High on one road . Mr Taylor said that there is no access for child- ren at the present time on Allen Street Mr Greeley asked what was the status of the other side? Mr Taylor said that it was all town owned Mr Greeley said that he couldn 't imagine that it was not acceptable to have it open for vehicles , even regular traffic or School Department vehicles Mr Mabee said that he wondered if they really wanted to make it a footpath; it is steep Mr Greeley said that he felt that people need an access in order to drop off the children on a rainy day The Chairman said that the Board couldn ' t under- stand this from the beginning Mr Taylor said that the School Department said that they wanted a footpath Mr Mabee asked if they would be satisfied with a sidewalk and an access? Mr Davies replied that he would be Mr Taylor said that the only vehicular access is on Brookside The Chairman said that the normal path for teachers and pupils would be from Marrett Road Mr Davies said that the traffic situation on Marrett Road is quite dangerous, Brookside is consider- ably safer Mr McSweeney said that they are funneling the traffic up and down one street ; they are creating two hazards The Chairman said that you would like this to be a part of the School site, to make the taking , or you would like us to lay it out as a public footpath Mr Greeley said that, suppose it was agreed that it should be a vehicular way south of the service en- trance, that has to be vehicular anyway Would you rather have that part between there and Marrett as part of your site? Mr Taylor said that it depends on what is conven- ient for the Town If it is easier for them to do it, it would not put the burden on Public Works The Chairman said that you do not want to come on the other side of the wall ? Mr Taylor said that they didn 't want to cut into the bank The Chairman said that they are talking about three IIArticles in the Warrant to do this 78 Mr McSweeney said that, in accepting this as a foot- path , he would like to ask Town Counsel if we would have to settle damages in the same way? Mr Legro said that by laying out as a public foot- path we are denying their rights as a public way. I think they would be very close together Mr. Greeley said that to incorporate on school property, from Brookside to Marrett Road , leave it in the present status, developing from Brookside to the South Mr Mabee asked if the Planning Board has agreed to a vehicular road? Mr Taylor said that they have not; he has not talked to Mr Zaleski The Chairman asked if the Department of Public Safety would get into this? Mr Davies replied that he didn ' t think so Putting a road in would be costly because of the depth of the peat The issue is the connection between Brookside and Franklin School . The Chairman said that they should wait and see what the Planning Board has to say He asked Mr Taylor to come back to the Board within the next ten days The Chairman informed Mr Taylor that the Board has received a letter from Mrs Bucknell on the playground Her feeling was that the Board has accepted the responsi - bility on the playground and we wrote her that we would work with you It is our understanding that Public Works dug test holes The money will be in the budget at Town Meeting to lower the brook Mr Taylor said that he will talk with Mrs Bucknell It is my understanding that the Board would lower the brook and we would have the responsibility of the play- ground Mr Taylor retired from the meeting . The Capital Expenditures Committee met with the Board The Chairman gave them a chart for the Public Works Department budget and said that $450 ,000 will be spent specifically for laterals $ 150,000 is for trunks for sub- divisions; we usually ask $250,000 We had some people in Capital who wanted to develop next to the Waltham line; that would Expendi - have to be serviced tures Mr Boughton said that kind of a trunk wouldn 't come within the subdivision concept The Chairman said that it wouldn 't, but we are all looking to broaden our concept; Waltham can ' t take care of it, their system is overloaded and we will have to provide service We would like to see that area developed to get added income to the Town, rather than let it sit there 79 Mr Mitchell said that you , actually , show about $ 190,000, are you saying $ 110 ,000 is committed? Mr Gray said that the Contractor is working under that amount Mr Mitchell said that you are asking for $600,000 for the next few years , rather than $540 ,000 This is about a ten percent increase The Chairman said that we feel that, even at that, it won ' t give us the number of feet, to maintain the same amount of construction Mr Rawls asked how well caught up are you? Mr McSweeney said that $92 ,000 is left in miscel - laneous trunks The Chairman asked , of all the money , how much is committed in design? Advertised for bid? Mr McSweeney said that sewer laterals had $310,000 and $248,000 has all been committed The last $62 ,000 will be committed by December 1st , bids will be opened It has been surveyed and will be designed within fifteen days of the opening of the bid On the trunk sewer, Article 16, East to Rindge Avenue, is the survey stage; accept in February, 1969 Article 17 , Lowell Street, an- other part by December 1st. Trunk Sewer for Hill Street, Article 18, will go out on February 1st; put out for bid Article 19, Spring Street, $84 ,000 , should be about March ; has been surveyed Article 21 , sidewalks , $40 ,000; we have committed $26,000 on October 15th Article 74 , $25,000 on the $550,000, Federal application is still being reviewed The Chairman said that we are carrying the same esti - mates as at Town Meeting for reimbursement; we hope to have it at Town Meeting Mrs Rawls said that the advanced Engineering money hasn 't been touched The Chairman said that we did no advanced Engineering because of the situation in the department ; we did not use that $ 10,000 Mr McSweeney said that we have committed approxi - mately $ 1 ,000,000 under contract, as of tonight . On Arti - cle 9, the total is $ 184,000, committed by October 16 , 1968 Article 12, the instructional pool , the contract was signed tonight Articles 15 and 16 of 1967 , $252 ,500; the contract has been finished at $221 ,905; the only thing held was maintenance Article 19 of 1967 , sidewalks com- mitted on October 17th , $30,000 On street betterments , money appropriated and engineering fees, $ 154 ,000 Articles 82 to 85, we had to defer all action because of insuffi - cient funds; we put off the whole group ; we couldn ' t take one out; we didn ' t have enough money for a good combination of three streets sn Mr Mitchell asked if there was a change in the specifications? The Chairman said that there was a tremendous in- crease in construction costs that weren 't taken into consideration when the estimates were made Mr Kenney said that the swimming pool started off with $60,000, which was triple the amount of the final bid Mr Boughton asked how practical is it for us to accomplish $450 ,000 for laterals? The Chairman said that, looking at what we accom- plished this year to put out to bid and get under the contract, this should be no problem to design and com- mit . We have a new Assistant Town Engineer, as of a month ago Mr Boughton asked , if you design and commit for construction , as of what date? Mr McSweeney said , when we get the money The Chairman said that he can see going through the $ 10 , 000 to keep going Mr Boughton asked if construction will be carried out on these laterals next summer? Mr McSweeney said that we have been going all summer on $300,000 We have a good program going now and will have the rest by spring, the approval of the money by spring 1 believe that this has been a very strenuous pace Mr . Mitchell said that, assuming the Federal Government approves , the other big project will be the trunk sewer The Chairman said that we would send that out Mr Mitchell asked if they would do the laterals under Whitman and Howard Mr McSweeney said that he hoped to do a part of them Mr Mitchell said that he was aware of the amount of effort on the part of Engineering and would be sympa- thetic to a propotal to keep the Engineering effort going, but he didn 't think they should commit our con- struction funds until we are ready to go ahead with the projects The Chairman said that the Board thinks they should not carry over a construction year , but to get lower construction rates, we have to get that money committed and the price nailed down The new union rates are high When we mean committed , the contract has been signed and the monies committed ; the design part to be all done, and ready to go to work, The answer is , yes , to the question if we can handle this amount of money without going over another year The Chairman said that there was a question mark on drains Mr Gray said that the Superintendent of Public Works is getting figures on drains and it may be $40,000 or less There Is one particular drain and reimbursing subdividers on Worthen Road which is being discussed with Mr Zaleski as to the cost, there will be some ap- propriation and it is likely to be a good deal more than $20,000 The Chairman said that the Planning Board was asked to submit figures and they haven ' t done it Mrs Rawls said that the piece over Town property was never taken out of our budget Mr Mitchell asked if it would be Chapter 90? The Chairman said that it could be ; it qualifies for an approved Chapter 90 road by the State Mr Boughton said that, on drains , on the work that was being done for the Town by our Planning Consultants , the one thing that came to light was that overall drain- age had not been reviewed since 1920 and this was one very significant gap in the overall view of the Town He asked how they felt about the overall study of the drainage situation of the Town and if it was something the Town Engineer could do? Mr Gray said that the Board could discuss it at budget time The Chairman said that, town-wide , they haven ' t gotten into it There is a drain situation on Meriam Street that should be taken care of Mr Boughton said that they would need a water main on Waltham Street to go along with the sewer The Chairman said that the water main was already in. The Chairman said that the Board decided to combine reconstruction and acceptances After our experiences this year, this figure would give us the same number of feet of road Mr. Mitchell said that, previously , it was $ 125 ,000 The Chairman said that it was $ 165 ,000; if we con- struct the four streets approved last year, it will give $ 100,000 for the new streets and acceptances this year Mr Mabee asked what percentage was borne by the abutters on acceptances and if it was set by statute The Chairman replied , 50 percent ; they pay $ 10.00 per focbt; and it is not by statute but is a policy of the Board Sewers are set by statute On reimbursing subdividers, the Planning Board has not come up with numbers There is some money in that account Mr Gray said that it was all committed The Chairman said that we can ' t give the amount un- til Mr Gray gets the figures 82 Mr Mitchell asked if the street figure is included in the other two or if it would be an additional re- quest for the street Mr Gray said that it does not include the portion on Town property Mr Mitchell asked about the increase in the side- walk figure The Chairman said that the Planning Board wants a higher figure We have the same situation here as on streets, construction costs have gone up Mr Gray said that we had $40,000 , and committed $26,000 There are only three streets left that haven ' t been finished Mr Mitchell asked if they were all for schools? The Chairman said they are Middle Street, Tufts Road and Coolidge Avenue Next year we need Concord Avenue, Barberry Road and Waltham Street The Chairman said that curbs remain constant next year The Equipment figure is $70,000 and Traffic Con- trol is $8 ,000; if we can cut these figures , we will do it Mr Gray said that the Board voted a pedestrian light at Lowell Street Mr Greeley asked if there was any change of getting the Bedford Street-Route 128-Hartwell Avenue traffic study before Town Meeting and if we would have to appro- priate money for that? Mr McSweeney said that the Traffic Committee hoped to have it by January 15 and an appropriation would not be needed Mr Cole said that it wouldn 't necessarily mean an Article in the Warrant; the Committee could come up with the recommendation not to improve on Bedford Street The Chairman said that there would be an Article for the Douglass property, it concerns the Selectmen and the Planning Board Mr Mitchell asked about an appraisal The Chairman said that the appraisals would cover it, but who knows where we will end up when we make the taking Mr Kenney said that, in our judgment, this is a proper figure Mr Douglass may have a higher one Mr Mabee said that it was a reasonable figure, on the basis of the information we have; it is not reason- able to Mr Douglass We told him we were going to put 1t in and ask Town Meeting to make a taking We don ' t have an agreement Mr Kenney said that the Library Trustees and the Planning Board agree The Chairman said that we are asking for no more money for the Center; we will design during the winter �e9 and construct next spring There will be no further money for Meriam Street off-street parking There may be some on drains We are waiting for a study on drain- age before the design on the whole parking area Mr Greeley asked if it included the connection to Grant Street The Chairman said that there will be no construction done until the complete parking lot is designed , there is no pedestrian access until the Depositors Trust, as you are aware The Chairman asked if there were any questions on Conservation or other lands? Mr Mitchell said that the Board mentioned Lincoln Street last September The Chairman said that we have asked Mr McSweeney to put the figures together and the Board will discuss and recommend to you by next Monday We have written a letter to the School Department and contacted Dr Fobert and have had no reply Mr Cole said that, due to Mr Cataldo' s personal efforts we have been able to get maximum results The Chairman said that any money put in for would be based on putting out under ordinary circumstances Mrs Rawls said that we have been working town trunks there and asked if they could have been working somewhere else? Have we used only $25,000? The Chairman said that we have not charged personal services to that Article We are accomplishing some- thing there They put in a substantial amount of time getting our snow-dump , the trucks can get in and out; they have put in a substantial amount of drains and drainage ditches Basically, we planned on doing it this way The items of expenditures are primarily equip- ment and material These figures are realistic and we can justify them The Chairman said that we have not discussed the Town Office Building with the full Board of Library Trustees Mr Mitchell said that they would like some discus- sion of need , how far you are on the planning , and what the consequences would be for putting it off for a year We have a major school expenditure The Chairman said that as far as our need is con- cerned , it is only going to get worse ; we have people in the hallway upstairs Mr G.ra;y can 't operate with a degree of efficiency There have to be changes in the Police Building ; according to the statute , they should have juvenile detention rooms , and they don ' t have them; The cells are downstairs and no one to watch the prisoners Mr Blake asked what happens to the juveniles now? MP. Cole said that they are taken elsewhere, or they are remanded to• their parents Mr Blake asked if the Town was charged? Mr. Cole said that he assumed we are Mr Gray said that they don ' t have interview rooms for inspectors, the desks are crammed in ; they need a general enlargement '-of the personnel area The Chairman said that if it is put off for a year, construction costs will go higher We don 't think you should give the School Department a blanket order We told them to justify the plant they are looking for Mr Boughton said that we have an open mind ; no- body has come forth to say what is being contemplated and what the needs are. The Chairman suggested a meeting with Capital Ex- penditures and the Building Committee and go through this from top to bottom Mr Greeley said that we could go over it with Capital Expenditures and the School Committee; what !* their administration needs They have two schools they are talking about converting I am not convinced The Chairman said that we asked the School Commit- tee and we were supposed to get a letter this week We asked them if we could have the Munroe School to use as a Police Station Mr Mabee said that Capital Expenditures will make an evaluation of the need of the Town Office Building , the Library, versus the school The Chairman said that we have decided on our con- cept . It was agreed that the Capital Expenditures Com- mittee, the Town Office Building Committee and the Board of Selectmen would meet in the Selectmen ' s Room on Thursday evening , November 21 , 1968 The Capital Expenditures Committee retired Upon motion duly made and seconded , it was voted to 0 into Executive Session for the purpose of discussing, deliberating or voting on matters which , if made public, might adversely affect the public security , the financial interest of the Town or the reputation of any person After discussion of items of financial interest to the Town , it was voted to go out of Executive Session Upon motion duly made and seconded , it was voted to adjourn at 10 20 P M A true record , Attest E i Executive Clerk, Selectmen