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HomeMy WebLinkAbout1966-08-22-BOS-min 210 coa N SELECTMEN'S MEETING August 22, 1966 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, August 22, 1966, at 7:30 P.M. Chairman Cole, Messrs . Burnell, Cataldo, Sheldon and Mabee were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. At the request of Miss McDonough, Town Clerk, five jurors were drawn. Those drawn for jury duty were Jurors Francis X. Campbell, 8 Grandview Avenue; Paul R. Shuman, 19 Augustus Road; Kendrick Bushnell, 30 Bloomfield Street; Walter K. Ryall, 54 Simonds Road; Thomas R. Guinan, 46 Coolidge Avenue. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to lode one pole on Reed Street. Notices of the hearing were mailed to the peti- tioners, owners of the property as listed on the Pole petitioners' plans and also filed with the Superintendent location of Public Works . Mr. Dunn, representing the New England Telephone and Telegraph Company, and Mr. Pratt, representing the Boston Edison Company, were the only persons present interested in the proposed location. Mr. Dunn explained a request had been received from the subscriber to have the pole moved to the lot line. The pole is now more or less on the property line and it is proposed to move it to the lot line Mr . Gray reported that Mr. Carroll, Superintendent of Public Works, had seen the plan and has no objection. No one present wishing to be recorded in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the of'der for the follow- ing pole location: Reed Street, southwesterly side, approximately 105 feet northwest of Carley Road, -- One pole. (One existing JO pole to be removed. ) 211 Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate poles on almonds Road. Notices of the hearing were mailed to the petitioners, owners of the property as listed on the petitioners' plans and also filed with the Superintendent of Public Works. Mr. Dunn, representing the New England Telephone Pole and Telegraph Company and Mr. Pratt, representing the locations Boston Edison Company, were thh only persons present interested in the proposed locations . Mr Pratt explained these are two stub poles and the petitioner is asking to maintain its facilities on Simonds Road. They are new poles to support the line. No one present wishing to be recorded in favor or in opposition, 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 follow- ing pole locations : Simonds Road, northwesterly side, approximately 145 feet Northeast of Blake Road, -- One pole . Simonds Road, northeasterly side, approximately 527 feet southeast of Blake Road, -- One pole. Messrs. Dunn and Pratt retired. Mr Gray reported receipt of a petition received from Rolla M. Tryon, Alice F. Tr/on and Jean Presho rela- tive to the connection of the storm sewer to be installed on Pleasant Street with storm sewers to be installed at the rear of properties along Green Lane, running 200 feet on the properties of TT/on, 100 Pleasant Street and Presho, 102 Pleasant Street. Dr. Tyron was present at the meeting. Pleasant The Chairman asked Mr. Carroll if he was familiar Street with the petition, and Mr Carroll replied in the negative. storm sewer Mr. Carroll reported he FB . talked to Dr. Trion and his wife and Mr. Higgins had also talked to them. He said they went down to the property and went over the proposed drain location, shown in orange on the sketch attached to the petition Mr. Carroll said Dr. Tryon pointed out there would be some damage to the property if the drain went between his house and the Presho property Mr. Carroll said, in his opinion, the damage would not be substantial. 212 [? He stated Dr. Tpyon asked him to estimate the cost of running the line as shown in green on the sketch. The difference in constructing it the way Dr. Tryon proposes and the way the Town proposes, as shown in green, is $10,000. The Chairman said, at this point, following usual pro- cedure, the Board would process this through Mr. Carroll. He said the people in the area want the drainage and the only objectors are Dr. Tryon and his wife and Mr. Presho. Dr. Tryon said he received advice from a tree expert relative to the red maples and he would lose a large number of trees. Mr. Carroll said the trees Dr Tryon is talking about are on his own property and Dr. Tyyon said ttat was correct. Mr. Carroll said he did not think he could go any further than he has. He has made a study and there is nothing to make him change his mind. The Chairman asked if the route proposed by Mr. Carroll would cause the least damage, and Mr. Carroll replied in the affirmative The Chairman explained this does not require a hearing, and the Board would take the petition under advisement. He stated a decision has been made. The Superintendent has made the decision which is the least harmful way of putting in the drain and the best the Board can do this evening is to take this under advisement. He stated Dr Tryon could accomplish more by dealing with the Superintendent of Public Works than through the Board as this is a matter that does not require a public hearing. Mr Gray read a letter from Richard M. Perry, Comptroller, requesting a transfer of $250 from the Reserve Fund to the Transfer Accounting Department Expenses Account to be used to change the type and increase the capacity of accounting machine. Upon motion duly made and seconded, it was voted to approve Mr. Perry' s request for a transfer of $250 from the Reserve Fund to the Accounting Department Expenses Account. Mr. Gray read a memorandum, dated August 22, 1966, Appraisals from Richard M. Perry, Comptroller, in reference to money to be spent by the Conservation Commission for appraisals of land. Mr. Gray read a letter from Mrs. Richard H. Battin Town Meet- suggesting that a room, possibly temporary use of a room ing in the Visitors' Center, be made available in which to Members file reference material in the form of Town Reports, Information Official studies, committee reports, state publications, Hardy' s reference book, etc , for use weekends and evenings by Town Meeting Members. 213 The Chairman said the Board would take this under advisement and check it out. Mrs . Battin, in her letter, requested that the Board discuss the matter with the lady members of the Town Meeting in the near future. Mr Gray said each member of the Board had a copy of proposed amendment to the Traffic Rules and Orders pertaining to penalties for traffic violations. Traffic Upon motion duly made and seconded, it was voted Rules and to amend the Traffic Rules and Orders by striking out Orders Section 3 of Article IX in its entirety and by insert- ing in its place yhe following: AMENDMENT TO THE TRAFFIC RULES AND ORDERS TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN, AUGUST 22, 1966 ARTICLE IX Section 3 (Penalty) By striking out Section 3 of Article IX in its entirety and by inserting in its place the following: SECTION 3. PENALTY. ( a) Any person convicted of a violation of any rule, regulation or order made hereunder except as otherwise provided, shall be punished by a fine not exceeding twenty (20) dollars for each offense. (b) Pursuant to the authority granted by Chapter 90 Section 20C of the General Laws (Ter.Ed ) , any person violating any rule, regu- lation or order made herein regulating the parking of motor vehicles shall be punished by a fine for each offense as hereinafter set forth GROUP' A- $2.00 1 Meter Vmoiation 2 Overtime parking violation. GROUP B- $5.00 1. Within intersection 2. Upon sidewalk or crosswalk 3. Upon a roadway in a rural district 4. Over 1' from the curb. 5 Less than 10' of unobstructed lane 6 Within 10' of a hydrant 214 ca ri7. Upon a private road or across a driveway. 8. Within 20' of an intersection 9. Upon a street or highway posted no parking 10. Bus stop or taxi stand 11. Loading zone 12. Improper angle parking 13. Safety zone GROUP C- $10.00 1. All night parking 2. Snow removal /s/ Robert Cataldo Levi G. Burnell Board I . H. Mabee of George C. Sheldon Selectmen Adopted August 22, 1966 A true copy, Attest: I /s/ Hazel J. Murray Executive Clerk, Selectmen August 23, 1966 Then personally appeared the above-named Hazel J. Murray, Executive Clerk, BoaPd of Selectmen, and acknowledged the foregoing to be her free act and deed, before me. /s/ Mary R. McDonough Notary Futile Commission expires September 15, 1967 Mr. Gray said he had a request from the Tax Collector for the abatement of a list of unppid ambulance bills covering the years 1961 and 1962, totalling $656. 00. Ambulance Mr. Sheldon suggested that the bills be referred to bills a collecting agency, and Mr Cataldo suggested that they be referred to the Constable for collection. Both Mr. Sheldon and Mr. Cataldo felt those who are financially able to pay their bills, should pay them 215 Mr. Mabee suggested that the Board consider collect- ing them through the Small Claims Court. The Chairman asked Mr Grayzto screen the names and check with Town Counsel. Mr. Gray said the Board issued an order on July 14, 1966 giving Bavel L. Cummings, et al, thirty days to make certain corrections to the property at 465-L75 Massachusetts Avenue. As of today, nothing has been done to the property so he is in violation of the Order of the Board. Cummings The Chairman said he would like to hold this until Mr. Legro, Town Counsel, arrives . The subject was dis- cussed later in the evening in Executive Session. Mr. Gray said he had checked the Blue Cross-Blue Shield agreements and they are specifically related to Blue Cross- Medicare He reported there is no basic change from the Blue Shield Blue Cross-Blue Shieldagreement the Board signed last Agreement year. Later in the evening, when Town Counsel arrived, the Chairman explained that Mr. Gray reported the agreement was correct as to content and he understood Mr. Legro felt it was correct as to form. Mr. Legro said that was right. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Blue Cross-Blue Shield agreement as presented by Mr. Gray. Mr. Carroll said he took bids last week on the second sewer contract. The low bidder was Susi & DeSantis who Sewer bid $198,660.00 and he recommended that the contract be contract awarded awarded Upon motion duly made and seconded, it was voted to award the second sewer contract to Susi & DeSantis, low bidder, in the amount of $198,660.00. Mr. Legro stated he had the contract between the Town and Susi & DeSantis, Inc. He explained it had jut been submitted to him and he has not had an opportunity Sewer to review it. contract Upon motion duly made and seconded, it was voted signed to sign the contract, for sewer work, between the Town of Lexington and Susi & DeSantis, subject to Town Counsel1s approval Mr. Legro stated he had the Whitman & Howard Contract #2 for engineering services for engineering Engineering work for streets, dvains and sidewalks. contract Upon motion duly made and seconded, it was voted to sign the contract for engineering services between the Town of Lexington and Whitman & Howard. 216 Lie CAQ The Chairmen read a letter from Worthen H. Taylor, Director of the Division of Sanitary Engineering, Depart- Brook Street ment of Public Health in regard to the Brook Street Pumping Pumping Station Force Main The Director stated in his Station letter he understood the starting of this force main has Force Main been held up pending an agreement with the Town of Bedford. He pointed out funds made available under the Water Pol- lution Control Act are limited and priority is given only to projects that can be started within a reasonable time. Unless this project is put under construction in the near future, the Department will withdraw its priority approval. A copy of the letter was sent to the Bedford Board of Selectmen. It was agreed that Mr. Carroll would contact Whitman & Howard and after discussing the subject, report back to the Board at its newt meeting. Mr Arthur Burrell, Director of Civil Defense, met with the Board and said he was at the meeting on the Radio bids Police Department radio. This is the Police Department part of the total package that has been discussed several times. He said the reason the police Is been taken out is it is not eligible for Federal reimbursement . He said he advertised and bids were received a week ago today. General Electric Company bid $9,135; General Electric alternate bid, $8,984; Motorola Communications & Elec- tronics, Inc. , $7,786.40. Mr Burrell recommended accepting the low bid. Upon motion duly made and seconded, it was voted to accept the low bid of $7,786.40 submitted by Motorola Communications & Electronics Inc. for a new radio system for the Lexington Polios Department, and to authorize Mr. Burrell to proceed immediately with the purchase of this equipment. Mr. Burrell said he had this retirement thing. For about four years the retirement thing has been kicking Civil De- around and he finally decided he was going to get the fense answer In February, he wrote the Chairman of the Director Retirement Board for a ruling. They say it was referred retirement to the Selectmen. There is no correspondence in the files . Mr. Gray reportedhe discussed this with Mr.Morey and he said the Board had Mr. Burrell' s request, but there was a rule if one had a broker' s or agent' s in- surance license , he was not eligible. Mr. Gray said he checked with the State and there is no such regu- lation. Anyone the local Retirement Board will accept, the State will accept. He said the local Board has a ruling the employee must work twenty-five hours a week. 217 If the Selectmen certify Mr. Burrell works twenty-five = hours a week, there is no reason he could not be in the system. The Chairman said a letter from the Board of Selectmen could take care of this and he would write the necessary letter to the Board of Retirement. Mr. Burrell retired at 8:40 P.M. Report of the Regional Refuse Study Committee meet- Refuse in on June 22, 1966 was received. The next meetingof StudyComm. g the committee will be held on September 7, 1966, Concord Meeting Town Hall. The Chairman read a letter from Frank Sandy, 353 Emerson Road, requesting the Board to instruct the Depart- ment of Public Works to cease from spraying, by a fogging Spraying truck, in a manner which might be expected to affect his land without first receiving his written permission Mr. Carroll said the fogging equipment was operated by the East Middlesex Mosquito Control Commission, and if the Board would refer the letter to Robert Armstrong, Superintendent, he would see there is no .further spraying on Mr Sandy' s property. The Chairman said he would advise Mr. Sandy that his letter would be referred to the Commission. Notice was received from the Metropolitan District Commission regarding a hearing to be held on August 29, 1966, at 10:30 A.M. on the proposed revised schedule of the ratios of apportionment of debt service and maintenance costs for the cities and towns in the Metropolitan Sewer- age District. Mr. Carroll is to attend the hearing. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate three poles on Worthen Road, north- Pole westerly side, southwesterly from a point approximately locations 680 feet southwest of Bedford Street. Mr. Carroll said these poles are already in but they are not all right. They should be changed as they are in a poor position as far as the sidewalk is concerned. Letter was received from Leon Stone, 25 Fairland Street, complaining about the condition of a town-owned lot , #27 Fairland Street. Complaint The Chairman referred the complaint to Mr. Carroll and requested that he take whatever corrective action is necessary. 218ar ct Letter was received from the Boston Traveler "Tell Complaint It to Joe" action line in regard to traffic on Bedford Street in the Sunnyfield area. Mr. Carroll suggested that the complaint be referred to the State. Upon motion duly made and seconded, it was voted to grant permission for the following block dances: Block dances Barberry Road, September 3 or 5 Benjamin Road, September 10 Minola Road, August 27 Letter was received from Charles F. Sisk, Commander of the American Legion, requesting permission to exhibit Livestock livestock during the period of time the Post' s County exhibit Fair will be held in September. denied Mr. Carroll stated he and Mr. Mazerall, Park Super- intendent, are concerned about having livestock in the Center Playground area. He said he felt the next step would be a horse show and he and Mr. Mazerall recommend that the request be denied feeling it is a bad precedent. Upon motion duly made and seconded, it was voted to deny the request on the basis that to grant it would establish an undesirable precedent. Letter was received from the Division of Civil Police Service, with reference to the Board' s requisition for examination ten patrolmen. Action on the requisition has been temporarily postponed until the results of the State- wide examination for patrolmen held on March 26, 1966 has been evaluated, at which time new examinations will be scheduled. Upon motion duly made and seconded, it was voted to certify the character of Henry E. Helms, 348 Marrett Cert. of Road, and John M. Doukas, 114 Cedar Street, who have Inc. applied to the State for a Certificate of Incorporation, satisfactory character references having been received from the Chief of Police. Notice of County tax received from the County Tax notice Commissioners, addressed to the Board of Assessors, was noted and placed on file. Letter was received from the Chamber of Commerce Luncheon inviting the Chairman to attend a luncheon to be held on September 1, 1966 to welcome new teachers employed by the Lexington Public Schools . 219 The Chairman read a letter from James E. Collins, Director of Public Assistance, requesting a transfer Transfer from the Bridge Charitable Fund to pay for summer camp for children whose families are receiving Aid to Families with Dependent Children. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to approve an expenditure of $256 from the income of the Bridge Chari- table Fund. The Chairman read a letter, dated August 9, 1966, received from Jules P. Sussman, Chairman of the Conser- vation Commission, requesting funds for the following Conser- parcels : vation Commission West Farm, 2 appraisals, $500.00 Funds Whipple Hill, 2 parcels, 800.00 Hathaway/Red Coat Lane 800.00 The Chairman said the Board should advise Mr. Sussman of the knowledge it now has from the Comptroller. Mr. Cataldo said he thought the Board was going to make it clear on what parcels of land it wanted the Conservation Commission to acquire and what ones it thought the Conservation Commission should not acquire. He suggested that the Board advise Mr. Sussman of the Comptrollerts ruling and that there is $1500 available in the account. Therefore, the Commission can use $500 to acquire the West Farm or Whipple Hill and he can obtain an appraisal on the Rosetti land. He said Pihl signed an option for $15,000 and the Board does not have $15,000. The Town approved $10,000. He questioned the advisa- bility of obtaining options on something the Town cannot pur- chase. He said the Board cannot make a taking without getting into liquidated damages. He said he did not feel the Town should be spending money on land for which funds are not available. He suggested that options be acquired only on land the Commission can purchase. Certificates of Appropriateness were received from the Historic Districts Commission with respect to the construction of a temporary experimental sidewalk on the Certifi- Buckman Tavern grounds on Massachusetts Avenue and with cates of respect to the erection and display of two signs on the Appropri- Buckman Tavern grounds on Massachusetts Avenue and ateness Bedford Street. Mr. Cataldo asked the Board to request the Chamber of Commerce to remove the Belfry Information Building so Mr.Mazerall can continue his seeding program 220co The Chairman reported Bertram Gustin will anation the building off and would like to be done September 10. Mr. Cataldo pointed out that Mr. Mazerall is seeding C of C all the grass and the building should be moved. He sug- Information gested that Mr Carroll contact the Chamber of Commerce Building and find out where the building can be moved. Upon motion duly made and seconded, it was voted to grant the Chamber of Commerce permission to move the Belfry Information Building to some other town-owned land. Upon motion duly made and seconded, it was voted Polling to establish the hours for voting on Monday, September 13, hours 1966, State Primary, from 8:00 A.M. until 6:00 P.M. Upon motion duly made and seconded, it was voted State Pri- to sign the Warrant for the State Primary Election on mary Warrant Monday, September 13, 1966. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meetings held on August 8, 1966 and August 15, 1966 Mr. Carroll referred to the subject of underground wiring on Meriam Street and reported the cost to be Meriam St. $2,800 from Masaachusetts Avenue to the railroad track. wiring He said to carry the wires to Oakland Street, tht total cost would be $12,000 from Massachusetts Avenue to Oakland Street. Mr. Cataldo asked if the $2800 would go to the pole beyond the railroad tracks and Mr. Carroll replied in the affirmative. It was agreed that Mr. Carroll and Mr. Gray should meet with a representative of the Boston Edison Company and obtain an estimate for next year' s budget, there being no funds available for any part of the project this year Upon motion duly made and seconded, it was voted to go into Executive Session for_thO 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 with Mr. Leon Burke, Director of Guides, and various legal matters with Town Counsel, it was voted to resume the open meeting. Folbwing discussion with Town Counsel in Executive Middleby Rd. Session, upon motion duly made and seconded, it was voted Train to adopt an Order of Taking for a drain easement on Easement Middleby Road. 221 ' Upon motion duly made and seconded, the Board of Selectmen having considered the question of damages, voted to award Demetrios and Barbara S Sethares the sum of $200.00 by reason of the taking. Upon motion duly made and seconded, it was voted to adopt an Order of Taking for sidewalk slope easements Order of on Grant Street. Taking Upon motion duly made and seconded, the Board of Selectmen having considered the question of damages in Grant St . connection with the Grant Street sidewalk slope easements , sidewalk voted to award John H & Jeannette A Asadoorian, owner easements of Lot 9, the sum of $50 by reason of the Order of Taking for slope easements. Upon motion duly made and seconded, the Board of Selectmen having considered the question of damages in Grant St connection with the Grant Street sidewalk slope easements, sidewalk voted that no damages have been sustained by Mark Moore, easements Jr. , owner of Lot No 10, and no damages would be awarded. Upon motion duly made and seconded, it was voted to adopt an Order Bd Taking for slope easements on Middleby Rc II Middleby Road. Slope Upon motion duly made and seconded, the Board of Easement Selectmen having considered the question of damages in Order connection with the Middleby Road slope easements, it was voted that no damages have been sustained andnone are awarded Upon motion duly made and seconded , it was voted to sign the Order of Taking for slope easements on Middleby Road Middleby Re Upon motion duly made and seconded, the Board of Slope Easer Selectmem having considered the question of damages in Easement connection with the Middleby Road slope easements, it Order was voted that no damages have been sustained and none are awarded. Upon motion duly made and seconded, it was voted to adjourn at 10: 35 P.M. A true record, Attest:21/ , „Earecti pC1=rk, Sele:tmen� ,, lam