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HomeMy WebLinkAbout1968-09-30-BOS-min 1 SELECTMEN'S MEETING September 30, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Roam, Town Office Building, on Monday evening, September 30, 1968 at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney, and Greeley 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. Mr. Gray informed the Board that the Lions Club has applied for permission to hold the annual Fourth of July celebration on July 2, 3, and 4, 1969 at the Lexington Center Playground. July 4, Upon motion duly made and seconded, it was voted 1969 to grant permission to the Lexington Lions Club to hold the annual Fourth of July celebration on July 2 through July 4, 1969, at the Lexington Center Play- groUnd, subject to the recommendations outlined by the Chief of Police. IllMr. Gray said that he had talked with Mr. Luongo regarding the sale of tax title lot 52 Valleyfield Street. Mr. Luongo was interested in buying lot 52 Tax to combine it with his land; he might want to add a Title breezeway and garage later on. He has not made an offer as yet. Mr. Gray is to talk with Mr. Luongo and ask him to submit an offer on Lot 52 Valleyfield Street. Mr. Gray said that a telephone call had been received from a political candidate requesting per- mission for a booth in front of the 5 & 10 on Mass. Avenue, a booth at the Stop and Shop and First National Stores, and to hand out literature at the dump. Request After discussion, it was agreed that the Board has no jurisdiction over the parking area at the Stop & Shop and First National Stores. Upon motion duly made and seconded, it was voted to deny the request for a booth on the side- walk in front of the 5 & 10, and the Board has no objection to handing out literature at the dump, but nothing of a permanent nature is to be erected. 2 Mr. Gray read a letter from the Senior Citizens' Club, requesting a small room or storage area for their Senior records at Cary Memorial [Mall or Town Office Building. Citizens It was agreed to write Mr. Melbye and inform him that there is no available apace but suggest that he confer with the Housing Authority and request space from them. Mr. Gray informed the Board that he had talked to Mr. Burrell regarding the Civil Defense truck informa- tion. Mr. Cole has checked this and we wanted to find CD out where to write to the State for this particular Truck type truck. The Chairman said that be wanted the State. to know of our need. Mr. Kenney asked if this would have to be .Justi- fied for Civil Defense purposes. Mr. Gray said that we would supply enough inform- ation to justify it. Mr. Gray said that be and Mr. McSweeney had attended a bearing before the County Commissioners on the relo©a- Lowell St. tion of Lowell Street. Many residents of Lowell Street Hearing were there and the Commissioners felt that they ihbuld come before our Board for a hearing. Upon motion duly made and seconded, it was voted to notify the residents of Lowell Street that a public hearing will be held on October 16, 1968. Mr. Gray informed the Board that he had received a report from the Police Department regarding a viola- tion of the dumping regulations by a truck owned by the Minute Man Disposal Co. on August 30. The truck was dumping material not from Lexington. Based on this re- Minute port, on September 20, I revoked the permit for 60 days. Man Mr. Kelley, owner of the Disposal Company, called me Disposal last Friday and gave me his version of what happened; his employee had dumped material, the Police checked, and be was caught. Mr. Kelley asked me to discuss this with the Board and reduce the violation period. He wanted to know if he could dump over the weekend and I told him that he could not. I was informed that his truck was at the dump on Saturday and the attendant wouldn' t let the driver dump the material. I know it is a hardyhip for Mr. Kelley, but we have to enforce the regulations. The Police Department said that they repeatedly tried to contact Mr. Kelley and be did not Dome down to the station; we didn' t hear from him un- til his permit was revoked. The message was left at his office to bring the driver to the Station. He told me that the driver had taken off and left the next day. 3 The Chairman said we can make a decision to endorse the revocation as made by Mr. Gray, reduce the time of the revocation or reinstate him. Upon motion duly made and seconded, it was voted to support the decision made by Mr. Gray to revoke the per- mit for 60 days on the truck owned by the Minute Man Dis- posal Company. Mr. Gray informed the Board that bids had been opened for sidewalk and retaining wall work and the low bidder wee Belli Brothers, 76 Silver Lake Avenue, Newton at $27,082.50. The figures are being checked by Whitman and Bids Howard and they will let us know tomorrow morning. Upon motion duly made and seconded, it was voted to award the contract for sidewalk and retaining wall work on Middle Street and Tufts Road to the low bidder, Belli Brothers, in the amount of $27,082.50, pending the check out by Whitman and Howard. Mr. Gray said that a request had been received from the Town Engineer for a transfer from the Reserve Fund of $2200 to the Engineering Department; among other expenses, advertising for Assistant Town Engineer and Senior Engineer were close to $500 and the Engineering Department is now Transfer charged for five vehicles since the split with the Public Works Department; when the budget was made out, it allowed for only two vehicles. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Engineering Department in the amount of $2200. The Capital Expenditures Committee met with the Board. Mr. Mitchell said that the purpose of the meeting was to discuss the budget items and expenditures . They noticed that money that had been expended had not been spent on Woburn Street, they noted that ground had not been broken. The question is, are we appropriating money faster than we Cap. could spend it. They felt they should take a look at the Expend. Public Works' budget over the next couple of years. Mr. Cataldo said that the State has to reconstruct Woburn Street and we have to have money available. Mr. Gray said that one of the problems is that speci- fic items are all out under contract, all are committed. Mr. Mitchell said that in 1968 we have $240,000 for laterals; $111,000 has been committed under contract to D'Onfros. $125,000 has already been committed. East Street and Ridge Road are currently under design by Whit- man and Howard. Hill Street hasn't been brought to the Board. In 1967, the North Lexington pumping station, $27,000. 4 Mr. McSweeney said that we are negotiating with Giosto and approval of the Emergency Finance Board; there were two Articles on that, one in '65 and one in '67. Mr. Mitchell asked about Volunteer Way. Mr. McSweeney said that it was finished. Mr. Mitchell said that Article 11+ on mains had $39,000 left. Mr. McSweeney said that this was related to the pre- vious one. Mr. Mitchell asked about Article 67 on subdivialway. Mr. McSweeney said that it was awarded to Salvuoci; the balance was $238,000. Mr. Gray said that there was one out under contract right now; two subdivisions on Revere Street; two trunk lines working right now; a balance of $100,000; would be a trunk sewer to serve the Wood Street area; there was a special Article for Hartwell Avenue. Mr. Mitchell said that $100,000 was uncommitted at this moment. Mr. Gray said that it would be gone within a year. The Chairman said that it would be pretty much de- pleted at Town Meeting time. He asked if they were con- vinced that the engineering bad been done on that money appropriated for sewers. Mr. Mitchell said that they were distressed that they haven't got more going in on March money; they are concerned with the rate of capital expenditures. There are significant sums from previous years. Mr. Greeley said that the Bedford sewer was tied up for three years. Mr. Mitchell asked about the parking lot and the Beautification Committee. Mr. Gray said that studies will be made during the winter. The Center project scheduled for the fall will not be done until the spring. Mr. Mazerall doesn't want to remove the trees until the spring; we do not have the personnel to complete the project. We would like to com- plete it next fall. Mrs. Rawls said that now you tell us that you will construct in the fall and study during the winter. Mr. Gray slid that there is land that we do not own and may involve land taking. The part we would construct is in no way affected by this. Mrs. Rawls said that we were told that it would not be done until the whole thing was done. Mr. Gray said that it was a $15,000 study. Mr. Cataldo said that Mr. Gray is saying it will not be finished this fall; to put the drainage in and rough grading done and six weeks to pave it. 5 Mr. Mitchell asked about land acquisition, the Steam property and the Lloyd land. He asked where we stand? Mr. Gray said that, on the Steeves' property, Mr. Sussman has received signed options back from the owners. Surveys are being made by a private engineer on the Lloyd land; as soon as they are finished, Mr. Legro will receive them; the Board has. authorized preparation of the paper. Mr. Mitchell asked about the Woburn Street and Lowell Street recreation land. He said that one part has been acquired and the other piece has not been. Mr. Gray said that the Board instructed that all land be acquired this year. Mr. Mitchell said that they had sent the Board a bud- get sheet and they would be interested in getting ideas on proposed capital expenditures. The Chairman said that, with the increase in construc- tion costs on sewers, if we maintain $250,000 on sewers, all we are doing is cutting back on the program; people don't want to be out back, they would want the tax rate cut back. Mrs. Rawls said that it was put up to $270,000 last year. The Chairman said that going to $270,000 wasn't enough to take care of the sewers last year. Mr. Mitchell said that they had discussions on the need and getting a feedback on telephone calls and petitions com- ing in; we would be helped if we could get some idea of the need, the emergency category. The Chairman said that we could give them a list of those the Board of Health has placed in order of priority. Mr. Gray asked how they felt about a subdivider who is already to go ahead with the subdivision and this is the only thing holding it up. Is this an emergency? Mr. Mitchell said that putting sewers in subdivisions is a high priority item to them. Mr. Cataldo said that we have taken care of every subdi*ision; this is not the problem area. The trunk pro- gram is tremendous, it is laterals that are the problem; some trunks to serve this type of lateral. Are you telling us that if we had tremendous needs, health-wise, you would find more money? Mr. Mitchell said that they would listen. Mr. Cataldo asked if there was money available, or not? Mr. Mitchell said that, in the past, they had given $1,300,000 in requests. Mr. Cataldo asked what criteria they are going to use, say that you are giving that much now? Mr. Mitchell said that if you could persuade us that this is the need, we would cut down somewhere else. Mr. Cataldo said that if we submit all the requests and say we need $400,000 on sewers, to do this you would cut $50,000 on streets, etc. and we would be back at the same place. Mr. Van Boughton said that if we have a health prob- lem in the Town, and the Board of Health is willing to stand up and say it is a real health problem, perhaps we ought to consider putting off sidewalks. We should say we have decided to put our money here. If you have a real problem, you ought to come up with the facts, Every- body wants a street, sidewalks -- these are capital ex- penditures. The program is not a bad program and you ought to live with it. The Chairman said that, on sidewalks, people call me about the safety of Children. Last year we had Valley- field Street and we couldn't deny that; Bridge Street is another. Someone has to make the judgment on where to draw the line; it is difficult when everyone is screaming. Mr. Kenney said that we were authorized four streets and we are only going to do three. Mr. Gray said that we can justify on sidewalks by doubling the sidewalk budget. Mr. Cataldo said that the Planning Board is going to recommend it. Mr. Mitchell said that we have made our point on the sewer. The Chairman said that we will send you a list of the requests and priorities of the Board of Health. Mr. Mitchell asked about the project of the Town Office Building. Mr. Cataldo said that they are in the throws of evalu- ating the concepts to give us the space. It is our feel- ing that we would like the final plan and specification money to be $25,000. Mr. Mitchell asked if they had given consideration to using the school buildings that are vacated. Mr. Cataldo said that the schools have increased en- rollments. They have their own thoughts, to use Hancock as an administration building and give us Monroe; they will give us an official answer in two weeks. I can' t see them releasing any space. Mr. Mitchell said that it would be more desirable to remodel Monroe than Hancock. Mr. Cataldo said that lie were considering Monroe as a Police Station. If we built a new Police Station, we would have enough space for our offices. The location of Hancock is out of the way for a Police Station, In our evaluations, we wouldn' t have to build any new building. Mr. Kenney asked about the use of the Barnes property. 4 Mr. Cetaldo said that they were *tiling to give that up, if we built a new building. We have no concept that in- oludesthat space; we could not wait for them to move. Mr. Mitchell asked if there was any progress on the Incinerator Study Committee. The Chairman said that we have our members on that Study Committee and we meet tomorrow night. Mr. Mitchell said that he felt that the dump would eventually be unsatisfactory. Mr. Cataldo said that it would not be an incinerator at this point; it would go by Pennsylvania railroad to the west- ern part of the state. It has to go to the people before anything could be done. Mr. Mitchell asked if there were any major plans on the playing fields. Mr. Cataldo said that we would like you to give $10,000, $15,000 or $20,000 on Lincoln Street. Mr. Mitchell said that they Would like to reserve the amount until they have a chance to think about it. The Chairman said that we saved money by getting the fill from the river. Mrs. Rawls asked about the kind of surface. Mr. Cataldo said that the fence and landscaping in front of the fence, the road into the parking lot, and the base of the parking lot will be in. Mr. Mitchell asked about the ball field. Land Mr. Cataldo said that they are trying to squeeze that in. Acqui- Mr. Mitchell asked if there would be major land acquisi- sition tion in the spring? Mr. Kenney said that we have the Douglass land in the oenter. Mr. Boughton asked if it would be for parking purposes? Mr. Mabee said that it would be for parking and/or Li- brary purposes. Mrs . Rawls asked about the possibility of the house being used for a children' s library? Mr. Mabee said that, on a temporary basis, it was dis- cussed at the meeting but it doesn' t look like a sound way to do it. They thought of using Hancock School, but that didn't seem like a good idea either. Mr. Mitchell said that they would like budget guidelines on the Douglass property. The Chairman said that they will get them. Mr. Boughton asked about the Hamilton land. Mr. Gray said that Conservation is working on this; there is nothing concrete at this time; still negotiating with Mr. Hamilton. The Chairman said that the Conservation Committee has problems with eminent domain; Mr. Sussman will explain them ' to you. Mr. Boughton asked about school site negotiations; there were a number of things authorized, With money attached, five or six years ago. The Chairman said that appraisals are being made; maybe some of these lands no longer should be acquired. Mr. Kenney said that Mr. Gray is going to check them. Mr. Gray said that they are now being surveyed. School The Board will make a decision whether to take bhem or Sites not. Mr. Gray is to make a list of the lands for Capital Expenditures. Mr. Kenney said that, from an economic justification, instead of hiring another Policewoman we could put in a Side sidewalk. The requests will be for either sidewalks or walks Policewomen. On the corner of Adams or Coolidge Streets, we found that we could build a sidewalk on the opposite aide of the street. Mr. Blake asked how much it would cost to plow and maintain a didewalk? The Chairman said that we would have to talk about the whole sidewalk. Mr. Gray said that the salary for a Policewoman is $1500 or $1600. Mrs . Rawls asked about the Reeervoir The Chairman said that it was very low. He had talked with Mr. Huestis and the State Department of Public Works is coming up with the rules and regulations. Mr. Cortell is meeting with them within a week to give Reservoir some report of the progress. Work is being done very carefully. No moves are being made to implement the Town Meeting vote; nothing is being done so that we waste money. It was agreed to meet with the Capital Expenditures Committee around the Middle of November. The Capital Expenditures Committee retired. Upon motion duly made and seconded it was voted to Executive go into Bxecutive Session for the purpose of.diacussing, de- Session liberating or voting on matters which, if may public, might adversely affect the public security, the financial inter- est of the Town, or the reputation of any person. After discussion concerning the reputation of a person and the financial interest of the Town, it was voted to resume the open session. el Mr. Legro requested the Board to adopt the easement for the Valley Road Sewer, with an award of damages in the amount of $25 to Mr. Massucco and an award of damages in the amount of $2500 to Mr. Neal. Upon motion duly made and seconded, it was voted to Valley adopt the easement for the Valley Road Sewer in the pro- Rd. Sewer perty of Mr. Massucco, with an award of damages in the Easements amount of $25. Upon motion duly made and seconded, it was voted to adopt the easement for the Valley Road sewer in the pro- perty of Mr. Neal, with an award of damages in the amount of $25. Mr. Vocell of the Vocell Bus Company met with the Board. He said that he had been granted a temporary per- mit to operate his bus line over Lowell Street to the Burlington Mall, and would nrw like to apply for a perman- ent license. He had met with the Traffic Study Committee and had gone over the bus stops and the schedule with them. Mr. Cataldo asked who is to pay for painting the signs and bus stops? Mr. Gray said that Public Works would take care of it. Mr. Vocell said that he was told by the DPU to ask the Selectmen for a permit, instead of a letter. Upon motion duly made and seconded, it was voted to grant a license to the Vocell Bus Company, Billerica, to Vocell operate motor vehicles for the transportation of passen- Bus Co. gers from Russell Street, Woburn to East Street, Lexing- ton to Lowell Street to Burlington Mall. Return trip on Lowell Street to Woburn Street to Lexington - Woburn town line. The designated bus stops are to be at the following locations: Stop #1 - On the Northerly aide of East Street, East of Lowell Street. Stop #2 - On the Westerly side of Lowell Street, South of East Street. Stop 13 - On the Westerly side of Lowell Street, South of Fulton Road. Stop #I. - On the Southerly aide of Woburn Street, East of Lowell Street. Stop #5 - On the Southerly side of Woburn Street, East of Marshall Road. Mr. McSweeney informed the Board that he hap the breakdown on Ewell Avenue. By eliminating Ewell Avenue and the inspection, receiving reimbursement on the sur- vey, it would be $95,380. Whitman and Howard' s reim- Ewell bursement would be $2,000. Avenue Mr. Legro said that it was not possible for him to give an opinion. It should be reviewed carefully; it is lU not consistent with the competitive bidding law. We could rebid it on one or all four streets. You might bid it with alternates. It is possible that all streets do not have the same number of cubic yards . They were willing to bid the price, based on quantities; you could be changing the order of bidders, they bid the four streets. Mr. McSweeney said that we are getting into the area of the November 15 deadline; my original recommendation still stands that we put out to bid in the spring, using authority for 616 money or an additional appropriation. Mr. Cataldo said that we would be making a mistake waiting. Even if we went to this point, they could have the binder on these streets and take advantage of this year' s price. In my opinion, it doesn't make sense. The Chairman said that we could leave off the retain- ing walls on Vaille, Ewell and Grassland, or reject all bids on sidewalks. Mr. Legro said that we may have a policy problem, but no legal problem. The Chairman said that specifications should be pre- pared for Vaille, Ewell and Grassland, omitting Hillcrest. Upon motion duly made and seconded, it was voted to instruct the Town Engineer to prepare specifications for Vaille Avenue, Ewell Avenue and Grassland Street. Mr. Gray informed the Board that he had talked with pool companies on estimates for the swimming pool. Mr. McSweeney said that he had made an inquiry as to why they didn' t bid on the instructional pool. Continen- tal Pool, Lynn, said that they were not interested at the time, but now believes, from the plans and specifications, Instruc,. that it could be built for $17,000, filter drain house, tional 6200 works and maintaining it, $5800, contingency, $1500. Swimming We have also talked with Master Pools in Seekonk and they Pool claim that it could be done under our appropriation. We are looking for permission to readvertise the bids. Upon motion duly made and seconded, it was voted to readvertise the bids for the instructional swimming pool. Mr. Cataldo said that Camp, Dresser and McKee should be informed that we do not intend to pay the bill they submitted; we have paid them $3600. We originally had $20,000, and then we got them. Based on their recommend- ation of $30,000, the Board went back to Town Meeting. Mr. Greeley said that we have paid them more than a fair percentage; we are not going to pay them any more money. 1 11 II 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 finan- Session cial interest of the Town, or the reputation of any person. After discussion concerning the reputation of a person, it was voted to resume the open meeting. The Chairman read a letter from Chief Corr, request- ing the appointment of Captain Paul E. Furdon as Acting Acting Chief of Police during his vacation period of October 5 Chief of through October 27, 1968. Police Upon motion duly made and seconded, it was voted to appoint Captain Paul E. Furdon as Acting Chief of Police from October 5 through October 27, 1968. Upon motion duly made and seconded, it was voted to Patrol- accept the resignation of Patrolman Stanley Robbins, ef- man Resig- fective September 27, 1968. nation The Chairman read a letter from the Lexington Arts and Crafts Society, requesting permission to hold the annual Buckman Tavern Show on Sunday, October 13, 1968 Arta & IIfrom 12 noon to 5:30 P.M. on the Buckman Tavern grounds. Crafts Upon motion duly made and seconded, it was voted to grant permission to the Lexington Arts and Crafts So- ciety to hold the annual Buckman Tavern Show on Sunday, October 13, 1968 from 12 noon to 5:30 P.M. on the Buckman Tavern grounds. The Chairman read a letter of resignation from Mr. Raymond E. Lewis as a Republican member of the Board of Registrars, effective April 1, 1969, and as a member of the Town Celebrations Committee, effective immediately. Resignation Upon motion duly made and seconded, it was voted to accept the resignation of Mr. Raymond E. Lewis as a Republican member of the Board of Registrars, effective April 1, 1969, and member of the Town Celebrations Com- mittee, effective immediately. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen's Meeting held on Minutes September 23, 1968. The Chairman read a letter from the Mystic Valley Gas Company requesting permission to install a 4-inch medium pressure welded steel gas main in Liberty Ave- Permit IInue and Ledgelawn Avenue . Also, requesting permission to install a 4-inch pressure welded steel gas main in Whipple Road. 12 Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to lo- cate a 4-inch medium pressure welded steel gas main in Liberty Avenue, Ledgelawn Avenue, and Whipple Road, Lex- ington. The Chairman read a letter from the Massachusetts Town Selectmen's Association announcing that the Lexington Report Town Report was awarded second prize and the certificate would be awarded at the Annual Meeting at Harwich on October 12, 1968. The Chairman said that he and Mr. Zehner will at- tend the meeting to accept the award for the Town of Lexington. Street Upon motion duly made and seconded, it was voted to Betterment sign street betterment and assessments for Payson Street, Assessment Lake Street, Dewey Road and Burlington Street. Upon motion duly made and seconded, it was voted to Street sign the sewer betterment orders for Meriam Street, Betterment Partridge Road, Turning Mill Road, Meadow Brook Avenue, Orders and Hartwell Avenue. Upon motion duly made and seconded, it was voted to Common sign the common victuallers license for Take Home Foods Victualler of Lexington, Inc. (Kentucky Fried Chicken) , 211 Massa- chusetts Avenue, Lexington. Upon motion duly made and seconded, it was voted to Abatement sign the abatement on water rates for Morris Berman, Ac- count No. A-54-3, in the amount of $8.75 Upon motion duly made and seconded, it was voted to adjourn at 10:50 P.M. A true record, Attest: Executive Clerk, Selectmen \