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HomeMy WebLinkAbout1964-10-05-min 401 SELECTMEN'S MEETING October 5, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, October 5, 1964, at 7 :30 P.M. Chairman Cole, Messrs. Brown, Burnell, Cataldo and Sheldon were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present Mr. Carroll reported that he had contacted Mr Aiden L. Ripley in regard to cleaning the Minute Man statue. Mr Ripley, who discussed the subject with the best scu3ptor he knew, was told it would cost about $1,000 to restore Restoration t}j.e statue, and suggested that Mr. Carroll contact a man of Minute in Long Island, New York, and request a price Mr. Ripley Man Stake feels this is the only man he knows who could do the job satisfactorily. Mr. Sheldon asked if Mr. Ripley said there was any- thing really wrong. He asked if this was strictly an appearance problem, and Mr. Carroll replied in the affirma- tive. ffirma- tive. Mr. Brown suggested that possibly funds would be available from one of the various Trust accounts Mr. Carroll reported on bids taken for painting the standpipe and stated he was not making any recommendation this evening. He did ask, however, if the Board agreed, for tentative approval so ne would be in a position to Bid get the contracts signed Upon motion duly made and seconded, it was voted to award the contract to the low bidder, William R. Dunlap, Inc. , in the amount of $10,300.00, pending approval of Mr. Carroll on all facbts of the bid Mr. Carroll reported that Frederick Maloney, an em- ployee in the Public Works Department for about twenty- five years, has been hospitalized due to a heart attack for a month. He is now at home, but has used up all his sick leave and vacation. Mr. Carroll reviewed Section 12 (d) of the present rules and regulations governing sick leave and asked thel Board to extend the time to the end of this month. Upon motion duly made and seconded, it was voted to extend Mr. Frederick Maloney' s sick leave through October 31, 1964 4 al Mr. Carroll reported on bids taken by the State De- partment of Public Works on the construction of Massachu- Mass. Ave . setts Avenue and advised tht J. J. O'Brien was the low bidder with a figure of $171,334.25. He explained that the State Public Works Commissioners will, at a regular weekly meeting, vote on whom to recommend to the Board for awarding of the contract Mr. Cataldo asked if Mr. Carroll had checked on the contractor, and he replied that the State does all the investigating The Chairman reported that he had received a call from Mr. Robert Hargrove, Chairman of the Standing School Town Building Committee, advising that his committee would ac- Meeting preciate having the Special Town Meeting on November 23. Upon motion duly made and seconded, it was voted to hold the Special Town Meeting, previously called for November 16, on November 23, 1964. Mr. Legro asked if the Committee had considered its bid opening dates. The Chairman replied that they will be within the time limit. Mr. Carroll reported that he has received an unusually large number of petitions for sewers in 1965, particularly from the North Lexington area, all of which would tie into the pumping station. He explained that work on the leak survey has been stopped, but up to the time work on it ceased, he found very few leaks that could be sealed off. Most of the leaks were service connections . He pointed out this is the second consecutive year he has received such a large number of requests in the North Lexington area He explained the alternative to sealing off leaks is to enlarge the pumping station, putting in larger pumps and/or a larger force main, a cost of something around $130,000 without figures on the pumps . He said the only way to serve Winter Street is a trunk sewer, $75,000, and 75% of the petitions are in this area, but he can't allow connections to the sewer system. He said if all petitions were returned andthe pumping station were enlarged the Board is talking about a quarter of a million dollars. He said unless the petitions are received, there is no estimate for the budget, but pointed out he did not want to imply, by sending out petitions, that these people would be connected to a sewer. It was agreed that Mr. Carroll should send out formal petitions and advise the parties that the Board would con- sider them. 403 Mr . Carroll stated it will take two weeks to get the petitions out . The Chairman pointed out that in areas where there is a serious problem, the people will make sure the petitions are signed and returned. Mr. Carroll reported that he is now storing equip- ment outside the town barn every night, and asked if the Boa^d wanted to consider, for the November Town Meeting, an article to appoint a committee to study the question of whether or not the barn should be enlarged . He said, personally, he did not think the barn should be located in any other area Mr. Burnell said he did not think this should be re- ferred to a committee and that the Selectmen could take care of it. Mr. Carroll said funds would be needed to engage an architect Mr. Cataldo asked why he felt the need of a committee and he replied that if there is any question about another location, the Board might want a committee. Mr Cataldo asked why a new location was necessary. Mr. Burnell said the only need for a committee would be a new location and an entirely new setup. Mr. Carroll said he should have money for architectural fees. The Chairman asked for the Board 's opinion on the lo- cation of the barn. Mr. Sheldon said he felt the Board should take a look at the alternatives before it makes a commitment since the possibility of another location was considered. He agreed that a committee would not be necessary for the present lo- cation. Mr. Cataldo felt the present location has many advantages. Mr. Burnell said the Board would not agree this evening to insert an article in the warrant for the November Special Meeti; g. Mr. Carroll said he was thinking about 50% more space than is presently available. Mr. Sheldon felt only preliminary plans would be neces- sary and that they would not cost more than $1,000 or $2,000, and an article should be included for tnis . Mr. Burnell pointed out this would be in effect saying that the Board had decided to remain in the same location Mr . Brown pointed out that by moving to a new location, the current property is in a business zone and might bring in a return to offset the cost of a new building. Mr . C taldo said, in considering Hartwell Avenue, a public works building wo ld not be the neatest type to lo- cate adjacent to a good-looking plant, and he thought the 4104i 01 present location should be retained. He also felt, from an operational standpoint, that there were advantages in favor of remaining in the present location. Mr. Carroll said he would prefer to remain where the building is now. Mr. Sheldon said he was in favor of hating an article to make it possible to engage an architect for preliminary plans, and that he would like to look into the other The Chairman asked if Mr. Carroll could wait until March, and he replied in the affirmative. The Chairman said the Board is agreeing to have a study committee. Mr. William Welsh and Mr. George Matheson, representing the Minute Man Realty Trust, met with the Board. Mr. Welsh said a couple of months ago, a group he represents, owners of the Central Block, talked about possi- Minute Man tile action by the Town of incorporating in the warrant an Realty article with respect to an exchange of property with the Trust Town on the Central Block and the fire station site in the rear. At that time, there was confusion in that his group was not sufficiently firmed inLits plans to accept the limit and there were some other conditions, causing them to reconsider the matter at that time. He said at the mokent they are realtively firmed in what they would like to do . They have nad informal meetings with the Historic Districts Commission and have no definite ap- proval as yet, but he felt the situation is at the point where such approval will be forthcoming. Therefore, they felt it very important to try and settle this so they can proceed with their program. He said they were asking that an article be inserted in the warrant for the next Town Meet- ing authorizing the Selectmen to consider an exchange of property swapping the frontage for the old fire station land Mr Sheldon asked if Mr . Welsh had discussed this with Town Counsel Mr. Welsh replied in the negative and said the problem before was a time limit . Now they are agreeable to ac- cepting a reasonable time limit and he felt that removed any block. He said he was petitioning for an article in the warrant much the same as was in before The Chairman said the Board would at least reserve a place in the warrant for an article. Mr. Legro asked what time limit Mr. Welsh was talking about. Mr. Welsh said he thought before Mr. Legro suggested two years and he would like to know what Mr. Legro thought would be proper. Mr. Legro said, offhand, he thought two years would be enough. 405 Mr. Matheson asked what two years implied. Mr. Legro stated that the Town would make an exchange at the time the Trust has the building demolished. He said the Board would want to be in a position where the building would be demolished and that strip of land filled and restored. Mr. Matheson said there might be a problem as they have to do some financing. Mr. Welsh pointed out that if the title is not in order, they will not be able to do any financing. Mr. Legro said the Board would want to give them time to demolish the building, but would not want it to go on interminably. He said if they have a vote of the Town and an agreement to do it, they would be in a very good position as far as finances are concerned. Mr. Welsh said they would agree within two years from the time the exchange is formally proposed and the Town has voted -within two years from that time they would consummate an exchange. Mr. Legro said they would demolish the building. Mr. Welsh said they would have a recorded vote of Town Meeting giving the Selectmen approval to make this exchange and they would have to have some agreement . Mr. Legro also said they would have to have an ' agreement . Mr. Welsh said he wanted to be assured that when they complete this arpangement, draw plans and are ready to go, they will not be stopp ed by the fact they have no title to the land. Mr. Matheson sad what bothers him is putting the land back to the satisfaction of the Town. He asked why they couldn't post a bond to demolish the building and put the land in condition satisfactory to the Super- intendent of Public Works Mr. Legro said that might be worked out, but it is not a happy situation for either party He explained these are details which can be worked out and the first step is to put it before Town Meeting. He said if the Town votes it, this contemplates an agreement between the Selectmen and the principals He said these problems can be worked out when it is known exactly what the Trust 's problem is. Mr. Welsh said they could not demolish the building until they have been able to finance the whole arrangement Mr. Legro said they would be able to get a commitment on the basis of an agreement, but they would not actually get the money until they have title The Chairman said, for the record, the intent of both parties is to consummate the deal . 406 cc a, Upon motion duly made and seconded, it was voted to insert an article in the warrant for the Special Town Meeting to be held November 23, 1964. Mr. Brown refrained from voting. Messrs . Legro, Welsh and Matheson retired at 8:15 P.M. Upon motion duly made and seconded, it was voted Gas main to grant permission to the Mystic Valley Gas Company, to locate a 2" welded steel gas main extension in Pearl Street to serve gas to #27, Mr. Carroll having approved. The Chairman read a letter from Lawrence F. Covert , 42 Clematis Road, requesting the Board to grant permission Swimming to the Water Department to fill his swimming pool. pool Mr. Carroll reported th t the pool was built without any idea of how it was to be filled as his house is 1500 feet away f, om a water main. He mentioned that it has been the Town's policy not to fill swimming pools, but this individual wants it filled before winter. Mr. Sheldon asked what would happen in the future . Mr. Carroll eplied the Board should advise him it will not be filled in the future . He suggested to Mr . Covert that he get a tank truck to fill it . Mr. Cataldo pointed out Mr. Covert will have the same problem twice a year. Mr. Carroll was requested to obtain more definite information as to the type of material used in building the pool. Form letter was received from the Department of Civil Service and Registration relative to registration Engineers of professional engineers. Mr. Gray explained the Town is covered and this does not affect Lexington Mr. Carroll said he is both a registered land sur- veyor and engineer. Notices were received from the Metropolitan District Commissioners ofhearings to be held on proposed improve- ments to sewer and water systems . Mr. Carroll said there are annual hearings and if there is anything unusual, he would attend. The Chairman read a letter from Otis N. Minot, 1776 Massachusetts Avenue, stating lights in the muni- cipal parking area between Waltham and Muzzey Streets, were burning part of a day and he wanted to know who paid for this. Mr. Carroll explained that the Town does notpay anything extra for lights burning during daylight hours. 407 If the lights were not on, according to the lighting schedule, then there would be cause for concern. Letter was received from the Chamber of Commerce advising that it wished to be recorded in opposition to closing the dump on Sundays and have it put back on the basis it had been for many years. The Chairman reported he still receives calls, and Dump one man this evening suggested tht the dump be closed another day, say Monday Mr. Cataldo felt that closing Mondays would not be the solution and asked why these people are opposed. He said if a person cannot make it Monday through SUtur- day, that is one thing, but just to be opposed to the closing is another matter He said there are no figures of how many can go and how many cannot go. Mr. Burnell said a citizen tal=ed to him at some lenghh and gave the impression Sunday was the only day he could go to the dump. However, during the conver- sation, it appeared that he could just as well go any other day, particularly Saturday, Mr. Burnell felt that it might be found that this would be true of many people Mr. Cataldo said there is no question but that some people will be in the situation of being unable to go Saturday. Mr Sheldon said this closing on Sunday is something the Board is going to try Mr. Carroll said he felt the complaints are falling off. Mr. Sheldon suggested that the Chamber of Commerce be told the Board is giving the subject mature consideration. Letter was received from the Standing School Building Committee advising the Board of two articles for the Novem- Articles ber Town Meeting. A copy of the communication was given to Town Counsel. Mr. Gail Smith, Cemetery Commissioner, met with the Board and reported that the Commissioners have been op- erating with tao men for almost a year and he is going on a trip for five months He said unless the Board had some suggestion, he would have to resign. He informed the Board that Mr Winlock, whose term expires in March, is now at the Fairlawn Nursing Home, and although his mind Cemetery is alert, he is not physically well He said he should Commis- resign so the Board could appoint an active member. sioner The Chairman said if Mr. Smith resigned, it would be up to the Board to make an interim appointment . Mr. Smith said he could resign now and run on Mr. Winlockts term in the spring He mentioned Louis Zenner 408 r- Cc 01 and said he was interested and willing to accept an , appointment and would make an ideal commissioner. . The Chairman explained the Board 's appointee would serve only until the next election and the Board would not be keeping good faith if it appointed him only until Mr. Smith returned. Mr. Smith said he should resign now and let whoever the Board appoints fill histerm, then in the spring he would run for Mr. Winlock's term The Chairman explained Mr Smithshould resign to the Town Clerk and then the Board would make an appoint- ment. Mr. Smith and Mr. Carroll retired at 8:38 P.M. Upon motion duly made and seconded, it was voted to certify the characters of Steven J. Dostou, 21 Winchester Drive, and Charles H. Drape, 32 Locust Avenue, Cert. of Inc who have applied to the Secretary of State for a Certi- ficate of Incorporation. Both individuals received satisfactory references from the Chief of Police Further consideration was given to the vacancy on the Board of Registrars Appointment Upon motion duly made and seconded, it was voted to appoint Mr. Raymond E. Lewis, 60 Forest Stress, to the Board of Registrars for an unexpired term ending March 31, 1966, to fill the vacancy caused by the death of Mr. Malcolm Clifford. Appointments to the Board of Public Welfare and Appointments Town Celebrations Committee were held over. Names suggested for appointment to a committee to Appointment study rezoning in general were Paul Yewell, Louis Zehner, Nathan Ricker, and Gardner Ferguson. Letter was received from the Lexington Arts and Appointment Crafts Society, Inc. , submitting the name 0E' Albert M. Eames, Jr. , 2 Briggs Road, for appointment as associ- ate member to the Historic Districts Commission. It was agreed to wait until a second name is sub- mitted by the Society as required in Act which establi- shed the Commission. Upon motion duly made and seconded, it was voted to grant permission to the Painters ' Guild, Lexington Arts & Crafts Society, Inc. , to conduct an outdoor art exhibit on grounds of the Buckman Tavern, Sunday, October 11, with an alternate date of October l8 in the event of inclement weather. 4W3 Upon motion duly made and seconded, it was voted to renew Sunday Movie License, Lex-Mil Theatre Inc. License Upon motion duly made and seconded, it was voted to deny an application for a Taxi Driver License filed License by Edward F. Ritchie, 37 Sherburne Road, due to the report received from Acting Chief James F Corr. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes September 28, 1964. Upon motion duly made and seconded, it was voted to sign orders for the construction of sewers in Buckman Sewer Drive, Dawes Road, Grassland Street, Lantern Lane, Locust Orders Avenue, Payson Street, Philip Road, Winston Road and Bridge Street. It was also voted to sign an order for the con- stuction of a sidewalk in Dewey Road. Upon motion duly made and seconded, it was voted to sign the warrant for the State Election to be held Warrant on Tuesday, November 3, 1964, polls to be open from 7 :00 A.M Mr. Gray reported that Frank Walker came in to see him about a sewer easement through his property lo- Walker cated on Bacon Street . Mr. Walker will accept, in lieu sewer of betterments, permission to enter the sewer without easement charge, no sewer or water betterments against the land, abatement of the 1963 real estate taxes and repairs to the holes in Bacon Street. The matter was referred to Town Counsel. The Capital Expenditures Committee met with the Board. Mr. Boughton said some months ago, he mentioned to the Chairman this committee was talking tothe Planning Board about long range financial planning, and he sug- gested that the committee meet with the Selectmen. Mr. Boughton explained the thoughts of the committee in regard to long range financial planning. Mr. Sheldon said as he inderstood what Mr. Boughton proposed and what the Selectmen are proposing, the Select- men's study will be a much shorter range study. He said the Board will expect, from a committee it expects to appoint, a study which will be much more limited than what the Capital Expenditures Committee is proposing. Mr. Boughton said the best his committee could hope for would be a year from next March. -410 �.) C. c--, 0, Mr. Sheldon explained the Board's interest is to try to do something that may not be as complete, as to give its facts immediately with possibly more emphasis on the financial side. He stated that what the Board proposes to do would not negate what the committee has in mind. Mr. Cataldo explained that the Board is trying to give the townspeople a picture of what the tax structure is going to look like now and ten years from now if no action is taken. He said the Board is going about this with no specific rezoning, but leaving it up to the towns- people to tell the Board what , if any, changes they want in the land use. He explained that the Board does not want to wait two years. He said he thought the Board would proceed with its survey and would appreciate any help the committee could give . He said the Selectmen were going to be interested in the financial end of this and the Planning Board is going to be interested in the land use Mr. Boughton said his committee did not want to work for two years and spend money and find out what it has is not what is wanted. The Chairman said the Board may have some suggestions after it has given the subject more thought. The committee retired at 9:30 P.M. Upon motion ddly 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 a discussion with Town Counsel on legal matters, it was voted to resume the open meeting. Letter was received from the Recreation Committee Lrtic .e requesting insertion of an article in the warrant for the November Town iiieeting to appropriate funds for a Bio-Engineering Survey of the reservoir on Marrett Road to determine its suitability as a swimming area. It was the unanimous opinion of the Board that the amount requested and its purpose should be considered with regular appropriations to be presented to the Annual Town Meeting it March. Mr. Gray was requested to check whatever background information that has been compiled on the subject. Upon motion duly made and seconded, it was voted to insert an article in the warrant as presented by ' Daniel Curtin and the required nmmber of signatures of registered voters. The meeting adjourned at 10 :30 P.M. II A true record, Attest: -ExecIva Cler , Selec en L