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HomeMy WebLinkAbout1968-10-28-BOS-min 412 SELECTMEN'S MEETING October 28, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 28, 1968 at 7: 30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, and Kenney were present . Mr. Legro, Town Counsel, 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 the request of the Clerk, three jurors were drawn Jurors as follows: Nicholas Skopelitee, 3 Sheila Road; Raymond Bell, 20 Woodoliffe Road; Alfred A. Nutt, 45A Bridge Street. Mr, Gray read a letter from the Superintendent of Public Works, requesting that Mr. Wenham be authorized to Asst. Supt. sign all permits, payrolls and vouchers during his vaca- of Pub. tion on November 3 through November 10, 1968. Works Upon motion duly made and seconded, it was voted to authorize Mr. Thomas Wenham to execute approval of all permits, payrolls and vouchers for payment during Mr. Burke' s vacation, November 3-10, 1968. Mr. Burke requested approval of the Board for estab- lished rates for the plowing and hauling of snow by hired equipment employed by the Town. Upon motion duly made and seconded, it was voted to approve the following rates for the plowing and hauling of snow by hired equipment for the 1968-1969 winter season; Ten Wheel Trucks, 60,000 GVW, Hauling - $12.00 per hour Snow Six Wheel Trucks, 23,000 GVW, Hauling - 9.50 per hour Plowing Six Wheel Trucks, 36,000 GVW, Hauling - 11.00 per hour Rates Ten Wheel Trucks, 60,000 GVW, Plowing - 13.00 per hour Six Wheel Trucks, 23,000 GVW, Plowing - 10.50 per hour Six Wheel Trucks, 36,000 GVW, Plowing - 12.00 per hour Rental Plows - 2.00 per hour Overtime Rate - added - 2.00 per hour Helper, furnished by Contractor - 2.50 per hour Mr. Burke asked the Board's policy on plowing the Plowing driveway of the Mystic Valley Health Association. Mystic The Chairman said that, up to last year, we plowed Valley them and the churches but we decided we could not carry this added burden and stopped doing it. IIMr. Mabee said that, if we make an exception in this case, there are other people, very close to this situation, who could request plowing; we now have a pretty clean line of demarcation. Mr. Gray said that we voted to plow the Visiting Nurse Association. Mr. Mabee said that if we made an exception for one, we should do the same for the Mystic Valley Health As- sociation. The Chairman said that, because we support the Mystic Valley Health Association with Town funds, it does place them in the same category as the Visiting Nurse Association. Upon motion duly made and seconded, it was voted to plow the driveway of the Mystic Valley Health Association. Mr. Burke asked about plowing the area at the housing for the elderly. Plowing Upon motion duly made and seconded, it was voted to Greeley plow the streets and the parking lots at the William Village Roger Greeley Village. Mr. Gray informed the Board that Mr. Sharkey of Hazel Road has requested a sewer connection from the existing main on Winter Street to his property line and it would be picked up as a private sewer. I understand that he would give an easement to the Town. The Town serer runs parallel to Hazel Road. Engineering estimates it would cost approximately $500. I would like to sug- gest tb t the Board take the request uest under advisement for q a week. It was agreed to hold Mr. Sharkey' s request for a sewer connection until next week. Mr. Gray is to report back to the Board. Mr. Gray informed the Board that he had received a letter from Itek regarding the time cycle of the traffic light at the intersection of Bedford Street and Hart- well Avenue. The Traffic Committee has been discussing Lights at this matter with the State DPW for the past four weeks Bedford - and they have been informed by them that the controlling Hartwell device for the light is not adequate to permit varied cycles during various parts of the day. Mr. Gray will inform Itek that as soon as we hear from the State DPW, regarding a new control device to permit the type of cycling that will allow a better flow of traffic at peak hours, he will be in contact with them. Mr. Gray informed the Board that bids had been , Lateral opened today on the contract for lateral sewer work.; Sewer Daniel D+ Unfroa & Sons, Leominster, was low bidder at Contract 44 $79,318; R.J. Salvucci Corp. , Waltham, was second at 0,270; Avon Construction Company, Roslindale was third at $90,535. The »ecommendation is to award the contract to Daniel D'Onfros and Sons ; the contracts will be checked out next week. The Chairman asked if it was possible to add to this contract to get other work done. Mr. Gray said that he is not recommending any additions to this contract. Upon motion duly made and seconded it was voted to award the contract for lateral sewer work to Daniel D'Onfros & Sons, 712 Main Street, Leominster, in the amount of $79,318. Mr. Gray said that plans had been received from the Sheraton Lexington Motor Inn, covering the renova- tion of the hotel and change of location of service bars, function rooms, and increased capacity of the License Inn. Sheraton Upon motion duly made and seconded, it was voted Lexington to issue a new license to the Sheraton Lexington Motor Inn Inn covering the renovation of the hotel and change of location of service bars, function rooms, and increased capacity of the Inn. A new form is to be prepared and sent to the ABC covering these changes. The Chairman read a letter from the ABC regarding the sale and delivery of alcoholic beverages during polling hours on Election Day, November 5, 1968. Ac- cording to the provisions of the Liquor Control Act, ABC hotels, restaurants, taverns, clubs and package goods Nov. 5, stores shall not sell or deliver alcoholic beverages 1968 during polling hours, unless authorized to do so by vote of their respective local licensing authorities. Upon motion duly made and seconded, it was voted that hotels, restaurants, and package goods stores shall not sell or deliver alcoholic beverages during polling hours, 7:00 A.M. to 8:00 P.M. on Election Day, November 5, 1968. Upon motion duly made and seconded, it was voted to ID Card authorize the Chairman to sign a liquor identification card for Janet E. Ferro, 18 Chadbourne Road. The Chairman read a letter from Mrs. Bicknell, Chair- Bowman man of the Bowman School Association, regarding the cam- ! School pletion of the Bowman School playground and requesting Playground information as to what action will be taken by the Town to complete the necessary dredging. 4�5 The Chairman said that Mrs. Bicknell thinks that we have accepted the full responsibility. Mr. Cataldo said that we told them that we would not dredge until the winter of 1970. We will tell them what we told the Permanent Building Committee, that we have not accepted the responsibility, but we are willing to help. The Chairman said that this is still under the jurisdiction of the Standing School Committee. We will write to Mrs. Bicknell and explain the situation to her. Mr. Cataldo said that we were going to ask for money to dredge the brook. Mr. Greeley said that we were going to lower the brook as much as we could; we were not involved with play- ing fields. It was agreed to write to Mrs. Bicknell and make it clear that the Board has not accepted responsibility for the final development of the playground of the Bowman School but will do everything within its jurisdiction to aid in the completion of this project. Upon motion duly made and seconded, it was voted to Hartwell sign the order of construction ror the Hartwell Avenue Ave. Sewer sewer. Upon motion duly made and seconded, it was voted to approve the audit for the Town of Lexington for the Audit period from January 1, 1967 to March 9, 1968. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen' s Meeting held on Minutes September 30, 1968. Upon motion duly made and seconded, it was voted to Orders of sign the orders of construction of Adams Street, Coolidge Construc- Avenue, Eldred Street, Massachusetts Avenue, Middle tion Street, and Reed Street. The Chairman read a letter from Dr. Brandler regard- ing the Hennessey land behind the Setabrook School. Dr. Brandler asked what the Town intends to do with this Hennessey land, and if it could be used for recreation and, occa- Land sionally, horseback riding. Mr. Gray said that the land was bought for recreation. The Chairman said that the Recreation Committee is meeting with us tonight and we could talk with them about it. Mr. Mabee asked if horseback riding would do any damage to the land? 416 Mr. Gray said that it would not, as the land is not seeded or grassed. We have sent a copy of this request to the Planning Board. The Chairman said that he, personally, did not have an objection to it . It was agreed to discuss the matter with the Recrea- tion Committee. The Chairman read a letter from Mrs. Morey, request- ing another determent of three years for street better- ment assessment on her property on Blake Road. Deferment Upon motion duly made and seconded, it was voted to continue the deferment for three years on the street betterment assessment on the property of Mrs . Morey at Blake Road in the amount of $1250. The Chairman read a request from the Metropolitan Building Movers Company to move a house from its pre- sent location at 2883 Massachusetts Avenue to Lot #11 on Conestoga Road. Rouse Mr. Gray said that the route has been checked out Moved by Public Works . Upon motion duly made and seconded, it was voted to grant permission to the Metropolitan Building Movers Company to move a house from 2883 Massachusetts Avenue to Lot #11 Conestoga Road, subject to any provision made by Chief Corr. 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, Executive might adversely affect the public security, the finial- Session cial interest 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. The Recreation Committee met mrith the Board. Mr. Bond said that they would like to request that the Selectmen approve the contract to the Continental Pool Company for the instructional swimming pool. Mr. Swimming McSweeney has met with the two companies who bid and Pool picked the low bidder, Continental Pool Company; they have been phecked out on previous work they have done. It is necessary to approve the engaging of these people . The Chairman said that Town Counsel has just re- ceived the information and will have to defer action. Mr. Bodd said that these people are prepared to start and finish in forty-five days. 4r Mr. Legro said that certain facts have to be de- veloped before I give an opinion. Mr. Bond said that Mr. Powers of the State Board of Health has told our Lexington Board of Health and Mr. Cortell that a letter will be received that they Reservoir have granted permission for the old reservoir. We re- quest enough money to remove large rocks and get the sand in, in order to be able to skate this winter. The Chairman said that we shouldn't do anything until we get the letter; we will be within the time ele- ment, assuming that the letter states no conditions that would be detrimental to the proceeding of the project. The Chairman informed the Board that the Recreation Committee works with the Park Superintendent and they Appointment would appreciate the appointment of Mr. Mazerall as an Ex-officio member of their committee. Upon motion duly made and seconded, it was voted to appoint Mr. Paul Mazerall as a member, Ex-officio, of the Recreation Committee. The Chairman informed the Recreation Committee that Dr. Brendler has requested permission to use the Hennes- ' sy land for horseback riding. He asked if the Committee II had any objection to this. Mr. Hays said that it was suggested a few years ago to use it for horse shows, but it was too far out. Hennessey Mr. Bond asked if it would be a permanent thing? Land The Chairman said that it would not be. Mr. Bond said that his Committee would be in favor of granting permission. The Recreation Committee retired. v Mr. Wilson of Bartlett Avenue was present at the meeting and asked if any action has been taken since his last meeting with the Board to request that the Goodwin property at 9 Pearl Street be cleaned up. This man is violating the law and has been ever since I have been in Town. I have been trying to get some action for five years. Goodwin Mr. Gray said that Mr. Goodwin has been forced to Property take the building down. Mr. Wilson said that the frame has been taken down. The Chairmansaid. that Mr. Gray has been instructed by the Board to talk with Town Counsel on this matter. Mr. Legro asked if the condition has worsened? Mr. Wilson said that he had gone to the Police De- ' partment and complained that Mr. Goodwin had a refrig- erator type vehicle there and the Police made him take 4S the doors off. It is dangerous for the children. The Policeman told me that be would put it in his report that a hazardous condition exists. He has more than seventeen vehicles in his yard. I cant see it im- proving, unless immediate action is taken. I was told it had been filed in court; I checked and it had never been filed. Mr. Legro said that it had been entered in court almost two years ago and a temporary order was served on him. I have not investigated it as it is not part of my function. It was my understanding that, begin- ning with the demolition of the building, it had im- proved. If it is worse than that, it certainly is a horrible situation. This is not just five years old, it is nearly fifteen Years. I have not talked with Mr. Gray about it. The better approach to this sort of thing is a criminal finding. This has some peculiar ramifications. Mr. Wilson said that he would hate to see someone killed. There was a fire there when I first moved to town. There are many hazardous areas there, and child- ren are naturally attracted to it. There are tons of lumber and someone could be crushed to death. Mr. Kenney asked if the Building Inspector should go down there? Mr. Legro said that he will ask the Building In- spector to make a report so that he will have something in writing. It will go to Superior Court and he will determine whether injunctive procedures are better or criminal findings. It should be pursued. The Chairman said that we have gone through the statutes and complied with them. We have obtained in- junctions. When we get a written report from the Build- ing Inspector, Town Counsel will determine whether i$ will be on a criminal or injunctive basis. Mr. Wilson asked if he would be informed as to what is happening. The Chairman asked that he write a letter request- ing that he be informed. When we start proceedings, we will have your request. Mr. Legro said that he had no doubt but that pro- ceedings should be taken, and asked Mr. Wilson if he is ready to come into court and testify? Mr. Wilson replied that he certainly is ready and has photographs to prove the conditions that exist. Mr. Legro said that we do need testimony of neigh- bors. The Chairman said that we know that Mr. Wilson represents the neighbors and we accomplish a lot more with a simple dialogue like this. Mr. Wilson retired. it 49 Mr. McSweeney informed the Board that Royal Chandler had written a letter to the Board requesting a three year deferment of sewer betterment on lot 108D, Grove Street, in the amount of $402.91. The Chairman said that we could give the deferment Deferment retroactive to November 27, 1967 and it would come up in November, 1970. Upon motion duly made and seconded, it was voted to grant a three year deferment , retroactive to November 27, 1967, to Royal Chandler for sewer betterment assessment on lot 108D, Grove Street, in the amount of $402.91. Mr. McSweeney informed the Board that they are con- Traffic tinuing to take the traffic count on Lowell Street, in Count on preparation for the public hearing on November 8, 1968. Lowell St. He will report to the Board on next Monday evening. Mr. Cataldo asked Mr. McSweeney if he had a layout on Woburn Street? Woburn St. Mr. McSweeney replied that he did have it; 40' of Layout pavement and two 5' sidewalks. Mr. Cataldo asked Mr. McSweeney about the sewer versus other construction? 111Mr. McSweeney said that we should award the con- tract for the sewer by the end of November; we said that it would be under contract by December first. Mr. McSweeney said that the Liberty Mutual Company and the K of C are talking about What was originally pro- posed, coming out of Liberty Mutual and across the front into the Town sewer, opposite the Barn. They said that it was subject to Liberty Mutual and the K of C to obtain the proper easements. The Chairman asked if the K of C would give the ease- ments to Liberty Mutual or the Town? Mr. McSweeney said that easements would be awarded to the Town. Mr. Kenney said that, if awarded to the Town, they can never alter or build over it. I think they ate eon- Liberty fused again on this. They are of the opinion that they Mutual could let Liberty Mutual come across but they would re- Sewer tain the right to relocate the sewer, if they wanted it. Mr. Cataldo said that they would have to get a re- lease from the Town to relocate the lateral. He asked, Mr. McSweeney if he had talked to them? Mr. McSweeney said that he had told them that if it was a public sewer, we would have to have the easements. Mr. Kenney said that if it remained a private sewer they wouldn't have to. 50 The Chairman said that wherever there are sewers, the Town insists on easements . Brooks affect these properties and others along the line where there are continuous flows in the sewers and either aide is affected. I am sure that they don't understand. Mr. Cataldo said that we must have easements; we made it very clear to them. Mr. Gray said that we got them to agree to this layout and there was no question about easements. It was very clear at the time. Mr. Cataldo said that he didn' t think an under- standing exists between Mr. Buse and Mr. Walsh. Mr. Kenney asked if they were asking for permission? Mr. Cataldo said that they are asking us to accept this layout and we will have all the necessary ease- ments. The Chairman said that we are going to be charged with the maintenance; we have an obligation to these people. Mr. Legro said that it was a liability. Upon motion duly made and seconded, it was voted to accept the layout of the Liberty Mutual and Knights of Columbus sewer, subject to the granting of the neces- sary easements. Mr. McSweeney recommended to the Board that the 1948 street bids be rejected, due to the fact of the late construction season and the bids came in over the ap- Street propriation. He said that we should go back to the Bids four streets, use Chapter 616 and 679 money and ask for Town Meeting approval. Upon motion duly made and seconded, it was voted that all street bids be rejected due to the lateness of the season. The Chairman read a letter from the Historid Dis- Hist. trict Commission, informing the Board that three vacan- District cies exist on their Commission. Comm. The Chairman said that we have received nominations from the Library Trustees, and the Arts and Crafts Society, and we will hear from the Historical Society shortly. Selectmen' s Upon motion duly made and seconded, it was voted to Meeting hold the regular Selectmen' s Meeting on November 13 instead of November 11, 1968. Mr. Burke informed the Board that bids had been Fuel opened for No. 2 and No. 5 fuel oil. For No. 2 oil, Oil Lexington Coal and Oil Company bid .015 above the Boston posted tank car price of .125. For No. 5 oil, Union Oil Company of Boston bid $2.84 per barrel. 51 Upon motion duly made and seconded, it was voted to award the contract for No. 2 fuel oil to the Union Oil Company of Boston at .015 above Boston posted tank car price of today .125. Upon motion duly made and seconded, it was voted to award the contract for No. 5 fuel oil to the Union Oil Company of Boston at $2.84 per barrel. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting an matters which, if made public, Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person. After discission 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 Closing close the Warrant for Articles for the Annual Town Meet- of the ing in 1969 on December 13, 1968 at 4:30 P.M. Warrant Upon motion duly made and seconded, it was voted to adjourn at 10:00 P.M. A true record, Attest: rY Execute Clerk, Select I