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HomeMy WebLinkAbout1964-06-29-min SELECTMEN'S MEETING June 29, 1 6 9 4 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 29, 1964, at 7:30 P.M. Chairman Cole , Messrs. Brown, Burnell and Cataldo were present. Mr. Richards, Special Counsel, Mr.Carroll, Superintendent of Public Works, Mr. Gray, Executive Assistant, and Miss Murray, Executive Clerk, were also present. Hearing was declared upon open petition of the P Boston Edison Company for permission to locate conduit, manhole and pole on Lowell and Summer Streets . Conduit Mr. -erverson, representing the petitioner, was location. the only person present at the hearing Notice of the hearing was mailed to the petitioner, owners of the property as listed on the petitioner 's plan, and also filed with the Superintendent of Public Works . Mr. Serverson stated that he assumed Mr. Carroll had been notified by the company's engineering depart- ment, but he had not been. He said he would like to discuss the proposed locations with Mr. Carroll and then resubmit them to the Board. Mr. Serverson retired. Mr. Carroll reported on bids taken this afternoon on the second sewer lateral contract. The low bidder was P. Gioioso & Sons with a bid of $114,605. He stated that Gioioso is presently doing a job with Whitman & Sewer bid Howard, but Mr. Edward Howard was not in a position this afternoon to recommend that the contract be awarded. He thought the contractor had a couple of months ' work to do on a job in Westwood Mr. Carroll said if he found out in the two-week period to the next Selectmen's Meeting that this contractor is all right, and the Board wants to make an award, he would go ahead and prepare the contract and then two weeks from tonight , the Board could vote to award the contract and to sign the contract. The Chairman said in the event it was decided not to award the contract to the low bidder, the Board should give Mr. Carroll the same permission to go ahead with the second low bidder Mr. Richards stated that Mr Carroll talked to him about awarding a contract, toe low bidder not having been fully investigated. He said if it is approved, it is Mr. Carroll 's intention to have the contract signed. 292 Upon motion duly made and seconded, it was conditionally voted to approve awarding the second sewer lateral contract to Gioioso & Sons in tie amount of $114,605. Mr. Carroll mentioned that the garbage contract calls for three trucks and nine men in the summer months He said almost from the beginning, he has known the con- tractor has not had nine men on. He said he decided to get as many facts as he could and had a man from the Engineering De artment checking on the contractor. He reported verbally on information obtained and said if the Board assesses the liquidated damages, there is a total of $525 in fines. He suggested that he contact Mr. Roketenetz and arrange a meeting with him and the Chairman of the Board so there will be no question about the Board 's intention to have two collections a week and the Board 's intention to enforce the contract. He said he would arrange for a meeting at the Chairman's conven- ience. Mr Carroll presented a plan of the Senior High School area and reported that the Clerk of the Works at the High School approached him and said when the contractor did some drain work, he took down eighty or ningty feet of fence. Now they want to build a road around the building and to do this, it will be necessary to remove the enclosed field fence back thirty feet The price to put the fence back up is $295, plus moving the Little League backstop at a cost of $75. He said he thought this should be paid from the school building appropriation He explained the parcel of property originally owned by the Town through a will of Scott was to be used for Park and Recreation pur- poses, but by an Act of Legislature, the Town was able to use it for school and recreational purposes . He asked if the Board wanted him to talk to the School Building Com- mittee and advise it that the Board had no objection pro- vided the expense involved is paid out of the building appropriation. He said the only question he had is that part of the field will be taken. Mr Cataldo asked if it would ruin the field. Mr. Carroll replied in the negative and said it would be making it smaller, that is all. The Board had no objection proviLing the expense in- volved is paid from the school appropriation. Mr. Burnell inquired about the plan for the playground and Mr. Gray advised that all concerned are now waiting for Mr. Snow. Mr. Burnell recommended that the Board give Mr. Snow two weeks in which to submit plans , and if they are not completed within that time, to concel the contract 2 9: IIMr. John Brucchi, 63 Paul Revere Road, and Dog Officer, Michael Shaughnessy, met with the Board, with further reference to a Collie dog owned by Adams, 69 Paul - Revere Road. Mr. Brucchi said the SPCA told him to shoot the Adams ' dog, which he said was trained to chase his horses, but he does not want to do that . Mr. Brucchi reiterated complaints he has made a various times before. Officer Shaughnessy repeatedly advised the Board of Selectmen that he found no basis for a complaint at all. He reported that the people in the neighborhood find no cause for complaint . Mr. Brucchi said the dog is supposed to be on a leash and that is what he wants. Officer Shaughnessy said the Adamses do not let the dog out of the house except when they are right there. The Chairman asked if Officer Shaughnessy was pre- pared to enforce the restraining order, and he replied that he was when it is broken. Mr. Brucchi said he wanted the Board to write a letter stating that the dog will neve be outside a fence or without a leash. The Chairman explained there is a legal restraining order and a letter from the Board will not carry any more weight than the restraining order. Mr. Brucdhi suggested that he takes pictures as evi- dence . he Officer Shaughnessy said that if/takes pictures, they had better have the tag with the number on it because there are other Collie dogs in the neighborhood. He said all he wanted was evidence that it is definitely the Adams ' dog. The Chairman suggested that Mr . Brucchi submit what- ever evidence he thought was good evidence, submit it to the Board, and the Board would consider it. Mr. Brucchi retired at $:05 P.M. Mr. Burnell asked for a ruling from Town Counsel as to whether or not theRoard could delegate dog complaints to a committee to handle the hearings and repert to the Board. Mr. Richards explained that the Board could delegate an individual to investigate and report to the Board, but the Board of Selectmen would have to make a decision. He said any member of the Board could act as Dog Officer pro tem, but he hardly thought it necessary where there is a duly appointed Dog Officer 294 The Chairman asked if any person has the right to ask for a hearing before theBoard. Mr. Richards replied that he thought they did. He said he did not think it was necessary for Mr. Brucehi to take the Board's time as the Dog Officer has reported no evidence of a violation and that should be the end of it . Officer Shaughnessy retired at 8:15 P.M. Mr. Richards referred to a claim filed by Oscar Carlson for damages sustained by the taking of his pro- Claim perty down in the area of Moreland Avenue . He said it is returnable to the Middlesex Superior Court, Cambridge, on the first Monday in August. Mr. Gray informed Mr. Richards that an appraisal had been made in writing by R. M. Bradley, but Mr. Carlson would not come anywhere near it Mr. Richards referred to a claim filed by Rita Andrew, 19 Minute Man Lane, for injury alleged to have been sus- tained when she fell on the sidewalk in front of 2195 Massachusetts Avenue which she claimed was in a defective condition. He said Mr . Carroll had an investigation made and is sending him a copy of the report. Mr. Richards submi ted a contract in the amount of Sidewalk $5,800, for reconstructing sidewalks, which was awarded contract on June 22, 1964 to the Celluci Construction Company, the low bidder. Upon motion duly made and seconded, it was voted to execute the contract between the Town of Lexington and Celluci Construction Company. Mr. Richards submitted a contract, in the amount of $34,515 for resurfacing streets and sidewalks which was awarded on June 22, 1964 to Trimount Bituminous Resurfacing Products Cp. , the low bidder. Contract Upon motion duly made and seconded, it was voted to execute the contract between the Town of Lexington and Trimount Bituminous Products Co. Letter received from attorney for Pine Meadows Golf Club, requesting partial release of a sewer betterment assessment, was taken by Mr Richards. Sewer Mr. Carroll explained that the attorney is refer- betterment ring to land taken by the State, but the parcel of land for which they are asking for a release of the betterment is not connected at all with Pine Mead ows Golf Club Mr. Richards said he would look into Mr. Legro 's files on the subject. Mr Richards retired at 8 :35 P.M 95 Letter from Charles E. Forrester, 11 Parker Street, with further reference to traffic on Parker Street, was Traffic referred to the Traffic Study Committee. Letter from dames J. Gaffney, 23 Rawson Avenue, with reference to traffic on Bow Street and Rawson Avenue, was Traffic referred to the Traffic Study Committee. Letter from Nellie-Way Hayden, 151 Grove Street, with reference to traffic on Grove Street, was referred Traffic to the Traffic Study Committee. Upon motion duly made and seconded, it was voted to grant the petition and sign an order for the follow- ing pole relocations on Waltham Street: Pole Waltham Street : From a point 1015' southerly from locations Concord Avenue, southerly, eight poles ; also, remove eight poles . Mr. William T. Coppins and Mr Stoddard of the John E. Begley Co. , met with the Board. Executive Upon motion duly made and seconded, it was voted Session 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, the financial interest ofthe Town, or the reputation of any person. Following a discussion of a confidential matter, it was voted to resume the open meeting. Mr. Gray reported that Donald F. Bryant, Danvers, who has applied for a Taxi Driver license would like to have twelve months to move to Lexington rather than six, License as suggested by the Board He said the Minute Man Cab, Inc. , which Mr. Bryant intends to purchase, is a corpo- ration Mr. Gray referred to requests for the use of Cary Hall being made by telephone during the week. He said there was some difficulty this week when one janitor was out sick. The Head Janitor checked on Tuesday following the Board 's meeting and there had been m applications for the use of the hall that week. Mr Gustin tele- phoned and was granted permission to sue Cary Hall. One janitor was out sick, and 1"lr. Bentley, having checked Tuesday for rentals, made plans with his family He said unless tie janitors know in advance, this is becoming a problem. The Chairman saiek d the board would require a we ' s notice 296 Crn g:1 Letter from Taylor, Lieberfeld and Heldman, Inc. , Planning Service, New York was referred to the Committee for the Revitalization of Lexington Center. Letter from Guterman, Horvitz & Rubin, 50 Congress Street, Boston, re The Mass Transportation Bill, was noted and placed on file. The Chairman reported that he had no opportunity this week to contact Mr.riobert Kent to discuss the need for official Town involvement in the process of integrating the American negro into the community. Upon motion duly made and seconded, it was voted to make the following appointments to the Committee for the Revitalization of Lexington Center: Lee E. Tarbox, Committee and George A. Kolovson, representing the Chamber of Commerce, Joseph A. Trani and Otis S. Brown, Jr. , repre- senting the property owners, and the Chairman of the Board to represent the Board on a temporary basis until the next meeting of the Board, at which time, it is ex- pected all members will be present and a permanent ap- pointment made. Upon motion duly made and seconded, it was voted to grant General Films, Inc . , 53 Berkeley Street, Boston, permission to use Cary Memorial Hall on August 3 Use of and L. from 8:30 A.M. until 5:30 P.M. for a filming tall session, subject to a charge of $100 per day, plus $3.L.6 per hour for janitor 's overtime services. Upon motion duly made and seconded, it was voted to grant the Lexington Choral Society permission to use Use of Cary Memorial Hall on November 22, 1964, from 8:30 P.M. hall until 11:00 P.M. for a concert , free of charge, but subject to a fee of $3.16 per hour for janitor 's over- time services . Upon motion duly made and seconded, it was voted Use of to charge Mr . Bertram P Gustin $35 for the use of Cary hall Memorial Hall on Saturday, June 27, from 7 :00 P.M. until 11 :00 P.M. Some discussion was held relative to permitted uses Cary Memorial and charges for Cary Memorial Building, and it was agreed Hall to consider possible changes to the present Rules and Regulations at thenext regular meeting of the Board. 1 L_ 29 i Upon motion duly made and seconded, it was voted to ppprove the minutes of the Selectmen's Meeting held Minutes on June 22, 1964 Upon motion duly made and seconded, it was voted to adopt the following Orders for Construction of Sewers : Vine Street from existing end a distance of 385 feet northeasterly Nowers Road from Henderson Road, south and southwest, a distance of 625 feet to Blake Road Blake Road from Burlington Street a distance of 570 feet northwesterly to Nowers Road Foster Road from existing sewer a distance of 387 feet northerly to Dane Road . Revere Street from Bedford Street, a distance of 335 feet northwest. Dane Road from Foster Road to Sherburne Road . Dunham Street from 300 feet east of Utica Street a distance of 190 feet easterly. Trotting Horse Drive from Peacock Farm Rofid easterly a distance of 880 feet to end The meeting adjourned at 9 :45 P.M. A true record, Attest : -14x4ouVive9lertelect m J 71 - Q� I