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HomeMy WebLinkAbout1967-08-14-BOS-min 121 SELECTMEN' S MEETING August 14, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, August 14, 1967, at 7:30 P. M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, and Acting Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. Mr. Leon Burke, Director of Guides, introduced Beth Briana, 29 Hathaway Road, applicant for a Guide license, to the Chairman. Guide Upon motion duly made and seconded, it was voted to appoint Beth Briana, 29 Hathaway Road, a Guide in the Town of Lexington, and the Chairman presented her with her license and badge. Hearing was declared open at 7 30 P. M. upon appli- cation of the Boston Edison Company for location of conduit on Pleasant Street. Notices of the hearing were sent to the petitioner, owners of property as listed on the petitioner' s plan, and also filed with the Acting Superintendent of Public Works Conduit No one appearing in favor cr in opposition, the location hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following conduit location Pleasant Street, southwesterly from Mason Street, a dis- tance of about 75 feet, -- conduit. At 7 35 P. M. , hearing was declared open upon appli- cation of the Boston Edison Company for permission to locate one pole, hip guy and anchor on Wood Street. Pole Notices of the hearing were mailed to the petitioner, location owners of property as listed on the petitioners plan, and also filed with the Acting Superintendent of Public Works . No one appeared in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following pole, guy and anchor location: Wood Street, southeasterly side, approximately 492 feet northeast of Massachusetts Avenue, -- One (1) Pole, Hip Guy and Anchor 2 ze C7". At 7:40 P. M. hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Winthrop Road. Notices of the hearing were mailed to the petitioners. owners of property as listed on the petitioners ' plan, and also filed with the Acting Superintendent of Public Works . No one appeared in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following JO pole location Pole Winthrop Road, southeasterly side, approximately 332 feet location northeast of Highland Avenue, -- One (1) pole. (One existing JO pole to be removed. ) Mr. Pratt, representing the Boston Edison Company, came into the meeting later and the Chairman informed him that the pole and anchor locations had all been approved by the Board. Mr. Legro stated he had a contract for engineering services between the Town and Whitman & Howard for several Contract- streets: Engineering Services Kendall Road Valleyfield Street Philip Road Blossomcrest Road Lake Street Laconia Street Payson Street Mass. Avenue - Pelham St. 5001 Northerly Upon motion duly made and seconded, it was voted to sign the contract as prepared by Mr. Legro . Mr Legro presented a contract between the Town and Belli Bros . Inc. , for Streets, Drains and Sidewalks, which he stated was in order for signature with one reservation with regard to motor vehicle figure which is too low. Mr. Gray stated he would spear to the Appropriation Committee with regard to a transfer, and Mr. Legro stated he would leave the copies of the contract with the Board. Mr. Gray explained that the contract for sewer work was awarded. He said as far as the road contract is con- cerned, bids came in higher, and it is necessary to have a transfer of $18,650.00 requested from the Appropriation Committee, as there were not sufficient funds to complete 123 the project. He stated he had informed Mr. Parrish that funds were needed for engineering. The Chairman stated at this time the Board can vote Transfer to request the Appropriation Committee for a transfer for engineering services in the amount of $18,650.00 to this account so that the contract may be awarded. Assuming a favorable answer will be forthcoming from the Appropriation Committee, upon motion duly made Contract and seconded, it was voted to award the contract for streets- streets, drains and sidewalk work in the Town of drains & Lexington to Belli Bros. , Inc. , subject to the Insurance sidewalks Certificates being approved by Town Counsel. Mr. Legro stated he had a contract between the Town and Great Northern Constructors , Inc . , for sewer work in the Town, and said the corporation name has been sent out incorrectly throughout the contract. He stated he had talked with Whitman & Howard and the corrections will Sewer be made and re-signed by them. He stated the contracts contract were in order except for that, and Mr. Judge Rowe will come in and pick them up tomorrow. Upon motion duly made and seconded, it was voted to sign the contract between the Town and Great Northern Constructors, Inc. , for sewer work in the Town of Lexington in the amount of $119,100.00. Mr. Gray referred to the trunk sewer on Hartwell Avenue and stated some time back, the Board inquired as to what their program would be. He stated he had a letter from Instrumentation Laboratory, Inc. , which he read to the Board. The schedule laid out is for sometime next Hartwell spring. He said they spoke previously of 60,000 square Ave . sewer feet but it will now be 100,000 square feet. He would like to authorize Whitman & Howard to proceed with the engineering. Upon motion duly made and seconded, it was voted to authorize Whitman & Howard to proceed with the engineer- ing for the trunk sewer on Hartwell Avenue. Mr. Gray reported several request: had been received to buy town-owned property, and stated he had reports from the Planning Board. Mr. Gray read a letter from Mr. Chisholm relative to the access from lot 52 rn the Assessors' Map #59 to Wood Street, copy of which had been sent to the Planning Board. The Planning Board recommends that Token Counsel be requested to look into this matter and verify ownership and the rights of access. It also recommended other r 124 ZE procedures to be followed which are set forth in its letter of July 24, 1967. Mr. Legro asked what the value of the land was , and Mr. Gray replied he did not know, that it was a question of title. Mr. Legro stated he had some question as to the Tax Title advisability. The Chairman suggested that this letter be re- ferred to Mr. Legro for his recommendation. Letter was received from the Planning Board relative to copy of letter from Robert J. Neal, 11 Spencer Street, in which he requested the sale of a Town- Tax Title owned lot adjacent to Lot 2, 11 Spencer Street, which Mr. Neal owns. 17-7 The Planning Board recommends that no town land be disposed of in this area because of proximity of this lot to the Great Meadows and the land of Augusta. Upon motion duly made and seconded, it was voted to advise Mr. Neal that the Board concurs with the Planning Board' s recommendation. Mr. Gray referred to request from Sally T. Neale, 10 Ward Street, relative to acquiring lots 35throw h 40 Earl Street, copy of which had been referred to the Planning Board for its recommendation. The Planning Board' s opinion is that this location is close to the proposed school site, and should not be disposed of until definite design plans have been formulated for the location of streets, etc Upon motion duly made and seconded, it was voted to advise Mrs . Neale that the Board concurs with the Planning Board' s recommendation. Mr. Gray read a letter from Lexington Lodge No. 2204, Order of Elks, requesting permission to purchase property Tax Title identified on the Assessors ' maps as Lot 1 of map 6. Copy of letter was sent to the Planning Board, and that Board recommends against the sale of this land, reasons for which are outlined in its letter of July 24, 1967. Upon motion duly made and seconded, it was voted to advise the Lexington Lodge of Elks that the Board concurs with the Planning Board' s recommendation. Buckman The Chairman reported briefly that the Governor Tavern signed the bill for Buckman Tavern. Mr. Gray stated he had several Public Works ' items. The first item was the Chapter 90 Memorandum of Agreement 125 for the resurfacing of Waltham Street, 1700 feet. Upon motion duly made and seconded, it was voted Chapter 90 to sign two copies of the Agreement for the resurfacing Memorandum of Waltham Street, 1700 feet. of Agreement Mr. Gray referred to Boston Edison Company petition for maintaining one pole on Valley Road from Centre Street Pole in Lexington, dated June 23, 1967. location This is a private way, and it was suggested that this matter be referred to Mr. Legro for his consideration. Mr. Gray stated he would like permission to buy an Air Filter for the sweeper, to take care of visibility and dust, a new air filtering system for the sweeper, at a cost of $390.00. He stated he would like to try one. The Chairman asked if the Board had any questions or comments. Upon motion duly made and seconded, it was voted to authorize Mr. Gray to purchase an Air Filtering System for the sweeper, at a cost of $390.00, from Casey & Depuis . Mr. Gray stated he had a meeting with Cabot, Cabot & Forbes relative to a drain on Hartwell Avenue. He pre- sented a sample sketch and drawings of the area to the Hartwell Board, and explained the plan. Avenue Ir. Legro said there is a question of maintenance drain and liability on the town, plus the fact Hartwell Avenue was laid out by the State, He said they met a month or so ago and the answers were to have been brought back to him, and he had not heard from them. He suggested that action be deferred until he sees what has been done. He stated there are a number of problems, how many people are involved, that there may be a number, and ten differ- ent owners. Providing maintenance, the right to move it , that the Board has no knowledge whether these services would have to be moved, that it is a 36" pipe, and the Town wouldn' t want to be in a position to get permission from a number of people to move it, etc He said it might involve the Town in liability. Mr. Cataldo asked what this drain does, and Mr. Gray replied it is for the surface water. Mr . Legro said it might be very costly, that the Town wants some indemnification from them. He said the State made the takings, maybe with some Federal funds for the construction work. Mr Gray said he would meet together with Cabot, Cabot & Forbes and Town Counsel. Mr. Gray referred to petition from the Boston Edison and fee in the way has not been transferred to the Town 126 c: Company, brought in this afternoon, for a pole on Valley Road running from Centre Street, Lexington, a private way. Mr. Legro stated it would be wise to look at the pole location, that the Town owns the fee and there is Pole another form in the matter of a permit rather than an location easement. The easement requires the Town Meeting vote. Mr. Legro stated he would take it. Mr. Fred Conroy met with the Board and stated this meeting concerns the property of William Hamilton on Massachusetts Avenue and Worthen Road. He said he had been before the Board and the Town Engineer' s office . He stated the water main that travels down Massachusetts Avenue but not to Worthen Road. When it gets opposite the line of Mr. Hamilton, it stops. It is a 30" main, comes across on the land of Hamilton and floods the area. He showed the Board a plan of the area, and Hamilton' s stated it is relatively dry when it does not rain, but drainage was very bad during the last storm. There was seven problem inches of silt and other material which filled this drain, and the Town has no flooding easement. It is possible for this to be extended across Hamilton ' s land to connect to Worthen Road. He stated the water is not clean and there are obnoxious odors ; it is an open storm drain. He said they are anxious to have this cleaned up. Mr. Higgins has been informed, and they would ask the Board to take some action. Mr. Hamilton said in periods of heavy rainfall, he has all kinds of drains, but said if he had a power failure, he has had it. He stated also that the land is dry when it is not raining, otherwise it floods the land. Mr. Gray stated he had discussed this with Mr. Higgins , that he had no cost on it. Mr. Legro stated Mr. Carroll had figured this , in- cluding costs. The Chairman suggested that the Board take this under advisement, come back with information and recommend- ations. At the request of the Town Clerk, Miss McDonough, three Jurors were drawn as follows S. David Hoffman, 24 Eastern Avenue Jurors Arthur W. Hornig, 144 Marrett Road Astrid E. Haussler, 12 Larchmont Lane The Chairman read a request from Five Fields, Inc. , relative to permission to hold a Square Dance on Barberry Road on the evening of Saturday, September 2, 1967, 121 or in case of inclement weather, on Monday, September 4, 1967. Square Upon motion duly made and seconded, it was voted Dance to grant the request. Request from the Lexington Lions Club, Inc., for the use of Parker Field at the Center Playground, for Use of its Annual Carnival on the 4th of July, was held over Parker from the last meeting of the Board. Field Mr. Gray reported he had checked the policing problem, and as Chief Corr was attending this meeting later in the evening, the subject would be discussed with him. The Chairman stated that probably the Board should have stricter rules for the use of the Playground. Lions Chief Corr stated his recommendation on the 4th of Club July would be that there would be a minimum of ten permit policemen who would be paid by the Lions Club. Previously it had paid for only three or four, that the Town had paid. He stated he estimated that 20,000 or 30,000 people attended, and the police were unable to get from one end of the field to the other. He said he would hope that the police would have greater mobility getting through the crowd. The Chairman stated the Lions Club would be in- formed to conform to the recommendations of the Chief of Police. Letter from Miss Barbara Gilson, 19 Parker Street, relative to the American Legion Carnival over Labor Day weekend, was read by the Chairman. The Chairman stated permission had been granted to Complaint the American Legion for the use of Parker Field with the understanding that no set up work would -be done after nine o' clock at night, and this matter was discussed this evening with Chief Corr who will see that these regulations are enforced. It was voted to so advise Miss Gilson. The Chairman read a letter from John Bernstein, Attorney for Mr. and Mrs. Edwin M. Goldberg, 60 Blossom- crest Road, Lexington, relative to a taking of their Award of property, and requesting an offer of settlement be made. damages Upon motion duly made and seconded, it was voted to refer this letter, with copy of the award, to Mr. Legro, Town Counsel. Letter from Porter and Desmond relative to moving a one-car garage located at Airport Road, Lincoln, to the first house on left at 110 Wood Street, Lexington, was t28 C7. 0 read by the Chairman. Upon motion duly made and seconded, it was voted to grant their request, subject to the usual conditions . Letter was received from the National Cablevision, Appointment Inc. , relative to grant of a franchise to permit the installation of a community antenna television (CATV) system within Lexington, and requesting an appointment with the Board. The Clerk was instructed to make an appointment with them for the meeting after Labor Day to discuss this installation The Chairman read a letter from the Cablevision Appointment Corporation of America relative to a request for per- mission to install a community antenna television system in the Town of Lexington. The Clerk was instructed to make an appointment for them to meet with the Board on September 18, 1967. Notice from the Office of the County Commissioners relative to the Annual Hearing for Middlesex County on Hearing public roads to be held at the Superior. Court House, East Cambridge, Mass. , on Wednesday, September 20, 1967, was read by the Chairman. Mr. Gray reported he would have someone there to represent the Town. Mr. Ventola, Metropolitan Building Movers, dame into the meeting relative to moving a house to Walden Pond from Massachusetts Avenue on Route 2A, which involves all State highway. He stated one of the conditions is the heavy trimming of ten trees, and light trimming of sixteen trees. Mr Mistretta gave him permission but wants the Town of Lexington to be aware of what is going on. They are trimming in Lincoln and Concord, and there is no problem with either town, and Lincoln will lose trees, but there is no problem there. He gave a letter to the Chairman from the Town of Lincoln to read. He stated the State wants a letter from the Town as to that . Mr. Mazerall has checked. Mr Cataldo asked who was having the hearing on the trees, and Mr. Gray replied that is a State problem, that it is not our responsibility. It was mentioned that this was all in the National Historical Park area. Mr Gray told Mr. Ventola that the Board appreciated his information and the Board was aware of what was being done 129 The question wa3 asked how long this would take and Mr. Ventola replied two days. The Chairman stated he would write the letter to Mr. Mistretta. Reservation request from the Massachusetts Selectmen' s Association for its Annual 1967 Meeting was read by the Meeting Chairman, who stated the Board could govern themselves accordingly. Upon motion duly made and seconded, it was voted to sign Certificate of Incorporation on behalf of Robert Certif. Miller, Sr. , 359 Woburn Street, Lexington, satisfactory of Inc. character references having been received from the Police Department. Upon motion duly mady and seconded, it was voted to sign Certificate of Incorporation on behalf of Ralph Certif. of C. Collazzo, 20 Burroughs Road, Lexington, satisfactory Inc. character references having been received from the Police Department. Upon motion duly made and seconded, it was voted to approve the 1967 - 1968 Jury List as presented. Jury list Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meetings of July 24 and August 1, 1967, as amended. Minutes Mr. Cataldo referred to the Public Works Building. He stated, as the Board knows, the bonding company was notified that the contract had been cancelled. He said he called them to complete the project , and finally contacted Mr Adams at the Hartford Indemhity Company. The Building Committee met with Mr. Adams, Mr. Halsey and Tocci, the contractor. He said they agreed, at that time, Mr. Adams would come back to the committee with the name of the person who would handle the account, with a schedule of when the work would be done, Tocci being the agent of Hartford. He said he had heard nothing from them. On Friday, he called the Supervisor of Boston and he had no information. Mr Cataldo stated this is the type of runaround with Hartford. He stated he called the office of the President and talked with Mr. Executive Vice President He told Mr. Cataldo he would hear either Friday or Monday morning. This morning he said he heard from Mr. Lynn Brown to accept John Tocci as the contractor. He said under no conditions would he do this, nor recommend it to the Board; that he would go along with Tocci being an agent to finish the job. _130 C, He stated we agree - 1. Hartford Insurance would be the completing contractor. 2. Tocci would be Hartford' s Agent. 3. Schedule of items and dates . 4. Rededication of contract amount. 5. Subject to a final completion agreement between Hartford and the Town. Mr Cataldo said he received a wire tonight when he came into the building from Mr. Brown stating that schedule of major items to be performed submitted within seventy-two (72) hours. He stated he did not think the Town should vote to accept what is in the wire, to go back and demand schedule and dates, September completion date if we authorized them to go ahead. The Office of Peabody, Arnold, Batchelder and Luther are going to be the firm to draw up the contract. He said we have a Mr. Brown who is the Superintendent of Claims in Hartford. They should approve these conditions They have told us September 8 for the past three months, and we have to get in that building, and should insist on Item 3. Accept the five conditions we set forth - until we get that from Hartford. He wished the Board to authorize the committee to proceed with An agreement that conforms with these five points The Board was in agreement with Mr. Cataldo' s suggestion, and the Chairman stated Town Counsel will be kept informed. Chief Corr met with the Board and stated he had two small items to present One is the radio system he feels should be installed in the police department at the pres- ent time without delay He stated Mr. Gray was appointed to the committee, Police and at that time , they said down with Motorola people radio about ideas that would project twenty years from now and system asked them to give us a radio system for the next fifteen or twenty years The 1966 appropriation was $37,000 for the system, which was to include all new radios, and radios were going to go to the Highway Department . That has been done Also they expected the Police Department would have a console in Headquarters and Mr. Burrell was to have a console in the Civil Defense Department, $28,923, and they would give us matching funds, anything purchased they would match. There has been a delay and he had talked with Mr. Burrell and he said there would be a delay of at least six months and maybe we would not get matching funds at all. He said they were completing the Police part of it. He was in the process of making 13-t specifications to complete the Police console which are varied and long. This will monitor the calls, public works and State Police This is very modern, a Standby Status system at a cost of $11,000, which would come out of the $28,000. He would like permission to advertise in the local paper and otherwise for the specifications he has here. Mr. Gray stated this cannot be delayed any longer. Chief Corr said he had talked with the Civil Defense Director. The Chairman said there had been a tightening up of matching funds . Chief Corr said it may be three or four months before it will be completed. Mr. Burnell said he felt the Chief should go ahead. Upon motion duly made and seconded, it was voted to authorize Chief Corr to proceed with the plans as outlined to the Board. Chief Corr then spoke of Item 2, and stated this will not come as a surprise, as they were still striving to professionalize the department. He said somewhere along the line, it should be brought into the rules and regulations. It is over a year ago, probably within the year, that he discussed some weight regulations, if the Board sees fit, effective September 1968, which would give the members time to come down. He stated how he arrived at these figures. The Federal Bureau of Investigation has had certain weight standards, and they sent a copy to him, which he feels are too tight. As a result he has added fifteen pounds on top of their maximum weights, i. e. 5' 7" , 162 pounds - I have made it 177 pounds, etc. The department has some who have to come down fifteen or twenty-five pounds. Chief Corr referred to Rule 23, 22 in the Rules and Regulations of the Police Department year 1945. In rule 12, one of the offenses is "Violation of Rules" The men know this is coming within the year, and he feels he has been liberal. 5' 7" is the minimum height It will cost the Town $500.00 a year, $10.00 a month for the Doctor who will be hired by the Board. Mr. Cataldo asked what type of examination and Chief Corr replied, Weight, Heart beat, Eye Test, Diabetic Test, Blood Pressure , etc. Mr. Kenney asked if any other Towns had this. Chief Corr read the wording for the new regulation, and Mr. Legro stated he thought it would be better to say "All Members shall conform to the following maximum weight regu- lations" . Mr. Gray suggested drawing it up properly and have Mr. Legro check it over before the next meeting. 1_32 Upon motion duly made and seconded, it was voted to approve the Chief' s recommendation. The Chairman discussed with Chief Corr the use of Parker Field as it pertained to both July Lith and over Labor Day. Chief Corr stated there is not much of a crowd over Labor Day, nothing like the 4th of July, but he would see that the setting up for the Carnival was checked each and every night. Chief Corr also reported that the Department has lost four of its Policemen. Chief Corr retired. Mr. Kenney asked about Worthen Road. The Chairman stated the Commissioner met with Mr. Gray and Mr. Zaleski and he is working on the information; that there are no results yet, that they had been asked for the results of this meeting. Mr. Kenney said the middle of September, the date for the hearing could be set, that it should not be delayed too much longer The Board will set the date anyway. The Chairman spoke about Mr. Nickerson' s request for an Advisory Committee to expedite the Minute Man National National Park, and he felt it would be wise to appoint Park such a committee, that he would like to accede to his Committee request and appoint a committee . He said Mr. Nickerson feels the Minute Man National Park is going to run out of money, and this committee could take care of whatever action is necessary. Mr Cataldo said he thought the Board should know what the aim and purpose of it is . The Chairman asked that the Board come prepared at the next meeting to appoint an Advisory Committee, and instructed the clerk to have this on the agenda for the next meeting. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion pertaining to personnel, and departmental procedures, it was voted to resume the open meeting. The Chairman stated he had a letter from Mr . Robert Resignation L. Higgins, Assistant Town Engineer, who is resigning from his position to attend the University of Rhode Island. 133 Upon motion duly made and seconded, it was voted to accept Mr. Higgins ' resignation, with regret. Mr. Legro retired at 9 30 P. M. The Fire Commissioners met with the Board. The Chairman asked if this was a matter for regular meeting or Executive Session, and the reply was Executive Session. 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, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion relative to Fire Department personnel, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn. A true record, Attest/// � ecu�tive Clerk, Selectmen II