HomeMy WebLinkAbout1967-04-03-BOS-min 5r
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11 SELECTMEN 'S MEETING
April 3, 1967
A meeting of the Board of Selectmen was held in
the Selectmen's Room, Town Office Building, on Monday,
April 3, 1967, at 7:00 P.M. Chairman Cole, Messrs.
Cataldo and Kenney were present. Mr. Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present.
Messrs. Legro and Burnell arrived at 7:30 P.M.
Mr. Sumner Perlman, and two oth:,r gentlemen, met
with the Board. Mr. Perlman said he would like to talk
about the Laconia Street article. He said he would like
to have it inserted in the June Town Meeting.
The Chairman said this was a possibility. He ex- Laconia
plained there would have to be a hearing and the Board Street
would have to decide quickly because of the time element
involved.
Mr. Gray reported he had talked to Town Counsel
and there is time enough but a decision will have to be
made very quickly, and if not tonight, certainly by
next week because of the legal notices required.
The Chairman said if the Board could wait until next
week, he would prefer it, when all members of the Board
would be present.
Mr. Cataldo said there was an agreement that the
June Town Meeting was to be a zoning meeting unless on
an emergency basis. He said his feeling would be not
to establish a precedent going against it, although he
fully agreed Laconia Street should be constructed. He
said he thought it would be a lot better for all con-
cerned ±f Mr. Perlman came in with 100 signatures.
The Chairman said this should be in by next Monday
night.
Mr. Kenney asked if there would be any problem pro-
viding the money.
Mr. Gray stated the warrant closes on April 24, 1967.
He said, accoring to Mr. Legro, the hearing could be the
last week of April or the first week in May.
Mr. Perlman said he did not think there would be any
problem getting the signatures.
Mr. Gray reported receipt of bids on police cruisers
as follows:
Rowe Chevrolet, Inc. $7,483.40 net
Lexington Auto Sales, Inc. 8,181.36 net Police cars
Upon motion duly made and seconded, it was voted to
accept the low net bid of $7,483.40 for six new 1967
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Chevrolet police cars as per specifications submitted by
Rowe Chevrolet, Inc.
Mr. Gray said he received a reply from Town Counsel
in regard to the letter from the Fire Commissioners rela-
Agreement tive to a proposed Agreement between the Town and Local
#1491.
The Chairman asked to have a copy of the reply mailed
to each member of the Board before any action is taken.
Mr. Gray said a Mr. Buse is requesting to purchase
a piece of land on Bow Street. He said he checked with
Mr. Zaleski, Planning Director,
and that Board has no
objection to the sale of the land. He said he also
Tax title checked with Mr. Cronin who said this is tax title and
could be sold. He checked with Mr. Carroll because there
is a sewer easement involved and he has no objection.
He said people are parking here all day and creating
problems. Mr. Buse would like to own it for parking
and control it.
Upon motion duly made and seconded, it was voted
that a proposal to sell this lot be advertised in the
Lexington Minute-man and that further consideration be
given the offer at a later meeting.
Mr. Carroll referred t o reconstruction of Massachu-
setts
Avenue and said the 500-foot section which the
Board authorized him to have engineering plans and specifi-
cations worked up on and advertised --. He said he was
looking at Whitman & Howard' s proposed contract and then
he looked at the article on Chapter 90 and the motion says
the sum of $95,000 for all or any part of Massachusetts
Avenue under Chapter 90 highway construction and payment
be provided by the transfer of $60,000 from the Excess
and Deficiency Account and by appropriation of the sum of
$35,108.86 received from 'the State under Chapter 679'of
the Acts of 1965. He said this means, he has talked to
Mr. Legro, the only way he can rebuild any part of Massa-
chusetts Avenue and use any money from that article is if
it is done under Chapter 90 and that means either the
project is done under Chapter 90 and the tree goes, or
wait until the June Town meeting and appropriate the neces-
sary money and do the work himself as he hoped he could do.
Mr. Kenney asked if Mr. Carroll was talking just about
the 500 feet.
Mr. Carroll replied in the affirmative and said this
500 feet cannot be tied into the contract. If it is done
under Chapter 90, the State will insist that the tree come
down. Hesaid he had not followed up and really gone
after t his man and tried to get the tree even under Chapter
90.
II
The Chairman said this is Mistretta whose superior is
Horgan whose superior is Ribbs .
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Mr. Carroll said it looks like he was talking $12,000
plus the engineering. He said it would be $13,500 and
the money would have to be appropriated in the June Town
Meeting.
The Chairman asked if it would be worthwhile to
attempt to change their minds.
Mr. Cataldo asked what would be gained.
The Chairman replied getting it under Chapter 90,
having it done all at the same time.
Mr. Carroll said he would like to try Mistretta, but
he would like to have someone with him.
The Chairman agreed to accompany Mr. Carroll.
The Chairman read a letter from Mr. Donald K. Irwin,
Building Inspector, advising that Mrs. Ryder will be taking
her vacation starting April 10 for two weeks. Hewasin- Vacation
forming the Board that Mrs. MacDonald would substitute so
the Board would be aware of this because the substitute
will be charged to the Selectmen' s Clerical Labor Pool
budget.
The Chairman read a letter from Mr. Cornelius P.
Cronin, Chairman of the 19th of April Committee, Lexington
Chamber of Commerce, requesting a member of the Board of
Selectmen to act as a judge for the float competition. Float
Mr. Kenney agreed to act in this capacity. judge
II
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meetings held Minutes
on March 20, 22, 27, and 30.
The Chairman suggested that if Town Meeting is not
completed this evening, that it be adjourned to Wednesday
night. Town
Mr. Burnell said he would not be able to attend. Meeting
Chairman Sussman, Messrs, Ripley, York, Smith and
Peckham, Conservation Commission, met with the Board,
The Chairman said the Board was having this meeting
and if there could be a meeting of the minds, it would
be nice. If they are going in with differences of opinion,
the Board should know what they are. The first article
is the $2,000 Conservation Fund. He said he understood
the Commission is going to amend this upward. Conserve-
Mr. Sussman said they were going to move that it tion
be taken up after Article 81. When they reached that articles
number, he thought what the number is will depend on
what has happened before, but it will most probably be
$10,000.
The Chairman said the Board discussed this with the
Appropriation Committee and is committed to stay with
the $2,000.
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The Chairman asked what figures the Commission was
putting in for Whipple Hill.
Mr. Sussman replied sixty-five off the tax rate with
seven transferred from the Conservation Fund. He said they
had not seen the appraisal, but he hoped it meets with the
Federal and State requirements and can be backed up. He
said the Commission does not intend to fight the motion
downward, and would tell the Town Meeting what the asking
price is.
The Chairman said the Board was not against conser-
vation but felt where the Town meeting is tax conscious
this time and putting off items, cutting sewers, road
machinery and a few other things, this is a postponable item.
He said he did not know how the Board woull vote.
Mr. Sussman said if the Board does vote not to support
it, and it does decide to tell the Town Meeting that the
Board of Selectmen does not support it, he hoped it would
indicate that the Board is split.
The Chairman said the Board always does.
The Chairman referred to the New Amsterdam and Pihl
land.
Mr. Smith said $11,300.
The Chairman said this Board has voted to take it by
eminent domain and given it to Town Counsel who only has
to make a final offer on Federal reimbursement. He said
at the present time, it is in Town Counsel's hands. He
said it comes to a question of opinion as what the value
of the land is.
Mr. Cataldo asked what has changed the position at
this time and if there was any information the Board does
not have .
Mr. Sussman si .d the Pihls have agreed to drop their
price to the same price of the New Amsterdam, $2300 per
acre. That is why the additional $11,300 would give the
Commission sufficient funds to consummate both. The Pihis
dropped from $1$,750 down to $17,200 something. He said
he has the appraisals and the approval of the House Urban
Development to proceed based on this purchase price. The
Commission also has approval from the State of its appli-
cation. It does not have denial or approval from the
Federal Government.
The Chairman asked how the State and Federal funds
were holding out.
Mr. Sussman replied the State is just about out of
funds but the application was in early enough to be approvel
from existing funds. a said if this goes into an adverse
eminent domain, ithe Town will have to accept whatever it
pays or wait for the settlement.
Mr. Smith siad under the Article of last year' s
Special Town Meeting, the question of eminent domain,
as he recalled it, was only upon written request of the
Conservation Commission. ne asked if this was not the
usual motion that the Selectmen may take it by eminent
domain on written request of the Conservation Commission.
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optiThe Chairman said the Board could not exercise the
on.
Mr. Sussman said the only evidence he has is the
Board decided not to. He stated the Commission is unanimous
in its feeling about this. It feels this is indeed a fair
price and there being a concern about a difference in the
price, the risk on the outside is far greater than the
amount of money involved.
Mr. Legro read the motion referred to by Mr. Smith
and said he thought it came from Section 8c, if he was
not mistaken.
Mr. Sussman said he hoped the Board would decide to
support the position of $11,000.
The Chairman said he would check with the Board.
The Chairman referred to the Kingston Homes and said
the Commission 's price per acre on that is considerably
higher.
Mr. Sussman said, to protect the Town's interest, he
would leave it to the Board whether this should be in
Executive Session.
The Chairman stated if it is not properly Executive
Session, the Board can always purse the record.
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 financial Session
interest of the Town, or the reputation of any person.
Following discussion with the Conservation Commission
pertaining to certain land acquisitions, it was voted to
go into open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 8:00 P.M,
A true record, Attest :
'grecufive erk, Selectm