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HomeMy WebLinkAbout1968-04-29-BOS-min 3 9 SELECTMEN'S MEETING April 29, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday evening, on April 29, 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. Mr. Yewell, Town Treasurer, met with the Board. He explained that it was necessary to borrow $1,000,000 in anticipation of taxes. He requested the Board to Treasurer approve the two low bids submttted and to sign the seven notes and the delivery authorizations. Upon motion duly made and seconded, it was voted to approve the bids submitted by the New England Merchants National Bank of Boston on $500,000, 3.43% discounted, and the Newton-Waltham Bank & Trust Co. on $500,000, 3.45% discounted, and to sign the notes 1 and delivery authorizations. The Conservation Commission met with the Board. Mr. Sussman apologized for not delivering the Conservation Article earlier. He said that there were two items to discuss, Old Reservoir and Great Conservation Meadows. On Great Meadows, money was appropriated for study and they would like to discuss the Scope of operation with the Board. The Chairman said that the Chairman of the Arlington Board of Selectmen should be approached. Mr. Sussman said that they had been approached by the Arlington Great Meadows Committee. The Chairman said that we don't have a Committee on Great Meadows, and the first step is a meeting with the Arlington Board. Mr. Sussman said that he would like to discuss an item in Executive Session. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if made public might adversely affect the public security, Executive the financial interest of the Town or the reputation Session of any person. Following discussion regarding land acquisition, it was voted to resume the open meeting. 19 4 At the request of the Town Clerk, three jurors Jurors were drawn. They are as follows: Melvin J. Kelly, 24 Homestead Street; Howard R. Kinner, ly. Thoreau Road; Edward J. Kearney, 10 Walnut Street. The Recreation Committee met with the Board. Mr. Bond told the Board that there is a great deal of interest in the Old Reservoir; he has received many telephone calls regarding it. The Cortell Bio-Engineer- ing estimate of development costs is $12,860. The Lexington figures looked low and we thought we should look into Reservoir it a little more. Because of the interest taken in the Town, we unanimously feel that if the Reservoir could be put to use, we should try. It is my understanding that the Board of Health would not approve. The pool would be 100' x 300' with a maximum depth of 8' ; they have been unable to get anybody to guarantee the filter system. The Chairman asked if the Committee was prepared to make a recommendation to the Board. Mr. Bond said that it was a great idea, whether a feasible idea, we don't know; if there would be water present enough of the time to warrant the investment; they can' t get a guarantee. There have been other quotations between $50,000 and $60,000. Mr. Greeley said that there are 91 acres there and Weston has one of less than 1 acre . The Chairman asked how much it would increase the personnel and to give an approximate cost figure. Mr. Bertini said that it would mean an increase of at least 12 members, plus a chain link fence. For 10 weeks, $7,000 or $8,000 to start. The Chairman said that the Appropriations Committee might not approve. Mr. Cataldo said that, basically, your committee could come up with an evaluation of cost plus to run it - parking lot, lighting, utilities - and assign some basic costs and come back. Aside from the $12,800, that is for capital cost. Mr. Kenney said, on that basis, the Overall cost. The Chairman said that there is to be a Citizens' Article in June, the Board must be prepared and have all answers. Either this is valid or invalid. Mr. Cataldo said that he wondered if this is feasible in the Lexington Reservoir. Arlington has one that is five times as large, there is great con- trol of water there, and it is not feasible; here it is. This is not spring fed, it is surface water. Mr. Gray said that the biggest problem was that there is no control over the supply of water. 1 The Chairman said that the Board depends on the Recreation Committee for recommendations. Mr. Bond asked the advice of the Board as to the proper people to contact. Mr. Greeley suggested someone in the State Department of Natural Resources or the M. D. C. The Chairman said that they should get in touch with Bob Zasi for the opinion of an expert. Mr. Greeley asked about the distribution of the Cortell Report. Mr. Gray said that the Planning Board, Recreation Committee and Engineering Department had copies of it . Mr. Greeley said that we can ' t go into Town Meeting with this report in our pocket, when Town Meeting is asked to vote on it, they should have copies of the report. Mr. Cataldo asked if, when Mr. Cortell submitted the report, the Committee had gone over it with him. Mr. Sparrow said that they had. We had another group in and they advised against it because of pollution. Mr. Cataldo said that the Board of Health has a thick file on the Reservoir. Mr. Sparrow said that, taking the estimate of cost, a favorable report would be between $40,000 or $50,000. Mr. Kenney said that the Committee is confident on development costs, operating costs you can come up with, and adirised them to contact the M.D.C. Mr. Gray said that he would be glad to meet with them; he has had experience with running a pool and he knows that it could be a problem. Mr. Greeley said that before Town Meeting we must make the Cortell Report available, must have report from Recreation Committee, as well. The members should put the Report out, release it and publish with its own comments. The Chairman said that this is going to be rather expensive to release. Mr. Greeley said that anyone could come into the office and look at it . Mr. Kenney said that copies should be sent to TMMA officers. The Chairman said that it is a public record, whatever avenues we have to go . . . Checking Natural Resources is a good one . Mr. Adams said that he would be happy to run a short digest of it, if the Committee says it is feasible. The Chairman said that the Committee should get some contrary opinion; it might confuse, but both might give something to back up. Mr. Bond said that they are not making much progress on their new pool. The Chairman asked the status . Mr. Gray said it was under design by consulting engineers. Mr. McSweeney said that they hope to have a set of plans and cost recommendations on next Monday night. Mr. Cataldo asked what is the schedule? Mr. McSweeney said, 3 weeks. Mr. Chairman said that the Town Engineer will get in touch with Mr. Bond. Mr. Kenney told the Recreation Committee that Article S7 Mr. Stevens had met with the Board regarding the land in- volved in Article 57 of Annual Town Meeting. Mr. Bond said that they could see no objection . The owner is willing to give some property to the Town, 80 feet. Mr. Kenney asked that a written report be submitted to the Board. Mr. Legro requested the Board to sign the Blue Blue Cross Cross-Blue Shield Contract; he said that the form is in Blue Shield order. Contract Upon motion duly made and seconded, it was voted to sign the Blue Cross - Blue Shield Contract. Mr. Legro requested the Board to sign contract Whitman & for Engineering Services of Whitman and Howard. Howard Upon motion duly made and seconded, it was voted to sign the contract for Engineering Services of Whitman and Howard. Mr. Otis Brown and Mr. Frederick Conroy of the Worthen Road Realty Co. met with the Board. Worthen Mr. Conroy said that their meeting concerned the Road sewer lateral on Worthen Road in front of Battle Green Realty Office Park. Mr. Brown requested that this was considered to be very similar to the request of ITEK for the extension of a lateral sewer on Hartwell Avenue to serve their new building. He felt that his situation is similar and he should not be required to pay the full cost of this lateral. The Chairman said that the Board would take the matter under advisement. I 397 Mr. Gray said that he received notice that the petition of the Battle Green Inn for a billboard to be erected on Route 128 has been denied by the Common- Billboard wealth, Outdoor Advertising Division. The Chairman said that he would vote to have local approval of all billboards and not have to go to the State. Mr. Gray read a letter received from Mr. Alford Peckham requesting permission to hold the annual Little youth baseballparade on Saturday, May 4, 1968 at League 1:30 p.m. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Youth to hold a Baseball parade on Saturday, May 4, 1968 at 1:30 p.m. Mr. Gray said that Mr. Morey had ealled regard- ing a letter he had received from the Cemetery Depart- ment requesting a transfer of funds to resurface the main entrance roads to Munroe and Westview Cemeteries. Transfer Mr. Gray said that Mr. Morey had funds availa- ble. Mr. Morey said that there were funds available from the Gilmore Fund but would have to have the approval of the Board and Town Counsel. The Chairman asked if the Board approved. Mr. Legro said that he would like to study the Gilmore Trust Fund before action was taken. The Board agreed to hold the request in abeyance. Mr. Gray said that he had received a letter from William Halsey regarding a bill from John Tocci & Sons, Public Inc. , Watertown, on the Public Works Building. The Works Committee recommends the payment of $20,000 on the Bldg. bill submitted for $22,361.45. Upon motion duly made and seconded, it was voted to approve the bill submitted by John Tocci & Sons, ' Inc. , for work done on the Public Works Building, in the amount of $20,000. Mr. Gray said that be had received a notice of a hearing to be held by the Commonwealth Department of Public Works, in the Woburn High School, Woburn Hearing on May 14, 1968 regarding the construction of a new State State highway in the Town of Lexington and the City Highway of Woburn. Mr. Gray said that Mr. McSweeney was notified that they plan to start construction in late August or September and there is a need for a sewer lateral. 39S Money has been appropriated, $100,000 for a force main to serve the area. Mr. Mabee said that a force main goes parallel with the lateral. The Chairman said that we should do it . Mr. Kenney asked if the money left over from the subdivision could be used. Mr. Cataldo said that the Appropriations Com- mittee would not give it to them because it is for trunks . Mr. Kenney said that they could ask again. Mr. Mabee suggested that the money could be taken from some other place. Mr. Gray said that it must be put in during the summer. The Chairman said it could be incorporated in the State contract. Mr. McSweeney said they are thinking of incorporating it in the trunk sewer, $0,000. The Chairman asked if we can use the money in subdivider' s trunks. Mr. Cataldo said that this is a lateral. Mr. Gray said to put an Article in the Warrant. Mr. Greeley said that there is an Article in for laterals subject to betterments, include all three laterals. Mr. Greeley said that it comes under the Article we already agreed to put in the Warrant . The Chairman asked if the Board agreed to this approach? Mr. Mabee said that he was in favor. It was agreed to have one Article for all three laterals. Mr. Gray read a letter regarding a sewer for the new Liberty Mutual Building on Bedford Street. He Liberty said that they proposed to construct at their expense. Mutual Mr. McSweeney said that it was a preliminary type of plan, otherwise it would have to be extended from Sunny Knoll Road along Bedford Street, and it was all ledge. Mr. Kenney said that it would complete the area as far as sewer was concerned. Mr. Gataldo mentioned the grade of the manhole located near the entrance to the Public Works Building, Mr. Gray said he wanted to present it to the Board and ask the Engineering Department to come back to the Board with a report. Mr. Greeley said that this is being done by them because it is not feasible to put in a public street. Mr. Cataldo said to find out what houses are not served on Bedford Street. 399 z Mr. McSweeney is to report back to the Board. Mr. Gray said that there was a problem with the sewer on Philip Road. It is a temporary road, put in until sewer corrections can be made. He read a letter from Whitman and Howard; they had tried to find the Sewer cause of damages, it may be expensive to repair. Both roads and sewer construction came a couple of years apart, they went according to the contract. It's an impossible situation, trying to say which one made the mistake. The Chairman said that we have a bad sewer and we have to fix it at our expense . Mr. Greeley asked if it was an inverted syphon. Mr. Gray replied in the affirmative, but it was functioning now. The sewer maintenance budget may run over, we may have to request a transfer. The Chairman asked when this is done and the road built, what is the time element? Mr. Gray said that it could not be done until after school is out, there is a lot of engineering involved. Mr. Greeley said that they have to get down in there to know what has to be done . The Chairman asked if the Board agreed to go ahead using our sewer maintenance funds. Mr. Cataldo said that there is no question but it has to be fixed. It is time we did something about the report from Whitman and Howard. They know where it was installed. Can' t see paying these costs every time; same thing happened on Waltham Street; we shouldn' t sit back and expect this thing. The Chairman said that we just can' t prove anything. Mr. Cataldo said that if these people are going to do their job properly, are they going to take these things into consideration; are they going to issue a contract knowing this condition exists? Mr. McSweeney said that Whitman and Howard claim that they did their job. Mr. Cataldo said that when Crimp designs, he should take into consideration the way it is constructed. Mr. McSweeney said that the Town can' t come in and say which one is to blame. There was no Inspector on the Crimp job. Mr. Greeley asked if it would be in order to go back to Whitman and Howard if it so clearly is something that could have happened, we should have been alerted when they see something coming that is unavoidable. 400c� Le: Mr. McSweeney said we don' t have enough control over the work. When the check is due, we pay it. Mr. Cataldo said we will get them together. If we can' t get this thing solved, get rid of both of them, it is time that it stopped. Mr. Gray mentioned the Hartwell Avenue interceptor. He talked about a 30" sleeve which was in there . Started excavating to find the sleeve, found 14" pipe. The cost of excavation was $300 a foot. Found the pipe today. We have approximately 31 feet under the R. R. tracks . We Hartwell don' t think we should pay this . Sleeve showed on the Avenue preliminary plan . Such a critical area I feel was not Inter- thoroughly investigated. captor Mr. McSweeney said that due to investigation, they asked me if the contractor was within his rights . $12,000 estimate and we don't have the piece of pipe in the ground yet. Pipe not in sleeve, but encased in concrete. Told him that we want someone from Whitman and Howard to advise as to what direction we should take. It is beyond the scope of the contractor . The Chairman said that if Whitman and Howard can't pin this on anybody, we may pin it on them. They are our agents and they are very desirous of keeping the Engineering contract in Tewn. If it can be handled by Department Heads and not settled, it should be handled by the whole Board. We shouldn't have to foot the bill. Mr. Kenney said that the difficulty is that we have nothing to hang our hats on. Mr. Mabee said that these are two good issues to discuss. The Chairman said that the quicker we can investi- gate and take over, the better it will be. Mr. Mabee said that Mr. McSweeney should write up the report for us; have the specifications of the contract, pertinent points, results, and where the responsibility lies . Mr. Cataldo said that maybe the document was not drawn properly. Mr. Mabee saCd that the Board would like a report to them. Mr. Gray said that he had received an approved bill from Mr. Gary for final payment to the D. J. McCarty Construction Company for work dose on the Buckman Buckman Tavern in the amount of $L1.328.20. Tavern Upon motion duly made and seconded, it was voted to approve payment of the final bill submitted by D. J. McCarty Construction Co. for work completed at Buckman Tavern in the amount of $4328.20. 401 Mr. Gray said that he had received a call from Mr. Pisiello regarding his dogs. The Dog Officer's restraining order specified that the dogs were to be kept from barking. Mr. Pisciello doesn' t think the Dog Officer has the right to enforce and the Dog Officer feels that he has. Mr. and Mrs. Pisiello work during the day, the dogs are in a pen and are Pisiello taken in at 3:30 p.m. Mr. Gray said that the Dog restraining order has not been lifted. Mr. Cataldo said that we should make sure that the Dog Officer is within his rights to restrain the dogs. Mr. Greeley said that the issue raised by the lawyer, despite the by-law which says the Officer can restrain, was based on the statute which says the Dog Officer must have a written complaint. Mr. Legro said that it follows the statutes and the provisions for enforcing are set out in the statutes. Sounds like a dog hearing. The Chairman said that the Dog Officer is aware of the law. Mr. Gray said that the Dog Officer could not get the telephone number of Mr. Pisiello as it is unlisted. That is the reason the cruiser was sent . The Chairman read the letter sent to Erwin Canham, Editor of the Christian Science Monitor, regarding the April 19 April 19 incident and accusations publicly made by incident Mr. Canham concerning a young negro and the Police Department. An invitation was extended to Mr. Canham to meet with the Board. Mr. Gray read a letter received from Earle Burke requesting an abatement on his sewer betterment assess- ment of his property at 132 Adams Street. The Board looked at a plan and checked the assessments of all properties in the area. Abatement Mr. Kenney moved to deny because Mr. Burke' s immediate neighbors are equally assessed. Upon motion duly made and seconded, it was voted to deny the request of Mr. Earle Burke, 132 Adams Street, for an abatement of his sewer betterment assessment. The Chairman read a letter from the Maritime Administration requesting the Board to have the Proclamation declaring Wednesday, May 22, 1968 as National Maritime Day issued to the local newspaper. Maritime U Upon motion duly made and seconded, it was voted Day to issue the Proclamation declaring May 22, 1968 as National Maritime Day. 4102 Mir The Chairman read a letter from William E. Porter and William J. Wilson requesting a further deferment for three years of the sidewalk betterment assessment levied against the property on East Street. Deferment Upon motion duly made and seconded, it was voted to grant the request for a three year deferment of the sidewalk betterment assessment levied against the property owned by William E. Porter and William J. Wilson, 6 East Street. Upon motion duly made and seconded, it was voted V.F.W. to grant permission to the Veterans of Foreign Wars for the sale of poppies on May 21i. and May 25, 1968. Upon motion duly made and seconded, it was voted to make the following appointments to the Town Cele- Appointments brations Committee for a three year term, expiring May 1, 1971; Bernard J. Belcastro, Raymond Barnes and Ralph Lord. Upon motion duly made and seconded, it was voted Appointment to appoint Mr. Cataldo as a representative of the Board on the Hunting Committee. Mr. Greeley asked about the recommendation on sidewalks by the Traffic Safety Committee; they were supposed to meet with the Planning Board and the School Committee. Articles Upon motion duly made and seconded, it was voted to insert the following Articles for the Warrant for the Special Town Meeting; Conservation Article, School Department Article, and Cemetery Commission Article. Upon motion duly made and seconded, it was voted to close the Warrant. Mr. Gray said that Mr. Burke had taken bids on a shovel-dozer. $25,000 was appropriated and Mr. Burke's recommendation was an International at $23,379. There will be a balance of $2621 for Shovel that particular item. Dozer Mr. Burke said that the unit purchased should be equipped with a t. in 1 bucket assembly since it is more adaptable to the work that the machine will be required to do at the landfill site, than is the so-called standard or general purpose bucket . The International is a heavier duty unit and this fact is substantiated when the basic tractor weights are compared. The other bids are $26,750 and $28,400. The fourth bid did not meet specifications as to weight. L 44 Mr. Cataldo suggested that the Board hold the bids. Mr. Burke said that the bids had been received on April 17 and there was a 30 day period . The Chairman said that the bids will be held for further discussion. Mr. Greeley said that Rev. Ploy Taylor of the First Parish Church had delivered a sermon on racism and his final plea was for a Citizens' Committee -to meet on the problem of relationship with the youth of the Town. He said there is a need for dialogue between the police and the young people regarding loitering. Mr. Taylor referred Mr. Greeley to Mr. Kent, recommending a group be appointed. Mr. Mabee said that there is an undercurrent that should be discussed, but he recommended a delay until the Board has had an opportunity to read the sermon given by Mr. Taylor. The Chairman said that a free and open discussion is always a good thing, but he felt there was not a need for a Revue Board. The Board has a Committee, Human Relations Committee, very broad in concept. Mr. Greeley said there are no predilections at this time. Mr. Taylor issued a direct challenge to the situa- tion he saw in Town. When we see the communication, we I can decide whether to ignore it or not . Mr. Mabee said that Chief Corr is going to tell specifically what goes on with respect to drugs at the High School Auditorium on Thursday evening. Mr. Cataldo said that he feels very strongly that they should meet with the people; the undercurrent is not only a police issue. They should try and straighten out the situation. The Chairman said that if only the people who talk about loitering knew that just twenty-five letters have been sent to parents and only four have been taken to Court. The Board is to receive copies of Rev. Taylor's sermon and will then discuss the situation. Mr. McSweeney gave copies of his revised Engineer- ing Budget to the Board and explained that Northeastern University is going to set up a program for him to use Engineering students. The Board will discuss the Engineering Budget at 0, / ) a later date. D Cr r. A true record, Attest: &6c-et, )11c4 - Clerk, Selectmen The next regular meeting of the Board will be held In the Selectmen' s Room, Town Office Building, on Monday evening, May 6, 1968, at 7:30 p.m.