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HomeMy WebLinkAbout1964-04-06-min c: Cr Cr, SELECTMEN'S MEETING April 6, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, April 6, 1964, at 7 :30 P.M. Chairman Cole, Messrs Burnell, Cataldo and Sheldon were present. Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present Mr.Legro, Town Counsel, arrived later in the evening. Mr Carroll reported on garbage bids opened this afternoon. The Chairman said it would appear that the low bidder, Stanley Roketenetz, Inc . , is capable of getting a bond and asked Mr. Carroll if he thought, under the Garbage new conditions, this would work bids Mr. Carroll replied, that, under the contract, he thought he would do a good job, and that he has been doing a good job the past two months The Chairman asked if the Board should talk to him about another truck before awarding the contract Mr. Gray said the Board could insist that the equipment meet the standards Mr. Cataldo was not in favor of awarding the con- tract for three years and suggested one year which would give the Board an op ortunity to determine whether the contractor was doing a good job or not . Mr. Carroll sugge -ted that the Board ask Mr Roketenetz to meet with it next Monday and discuss awarding the contract for one or three years and ask if he will purchase a new truck Mr. Sheldon asked if Mr Cataldo would be in favor of awarding the contract for three years if the con- tractor agreed to put on another truck. Mr. Cataldo replied not unless conditions change Mr. Carroll said the problem before was that the Town did not have a strong enough contract It was agreed to ask Mr. Roketenetz to meet with the Board next Monday night Mr. Gray read bids for the purchase of three new police cars, trading two, as follows : Police cars Dunn Ford Sales, Inc . $3,991.19 Mawhinney Motor Sales, Inc. 4,175.00 Rowe Chevrolet, Inc. 3,929.00 Upon motion duly mrde and seconded, it was voted to award the bid to Rowe Chevrolet, Inc. , at the bid price of $3,929.00. Mr. Ernest R. Giroux and Mr. William T . leleh, representing the Minute Man Park Realty Trust, met with the Board Mr. Giroux stated they had some conversations with Mr Gray and a meeting before on the matter of making an exchange of a strip of land on Massachusetts Avenue Central for the so-called Fire House property. He said this Block one article was withdrawn at the request of the Trustees They did discuss with Mr Gray and Mr Carroll several proposals, one being a 10 foot taking, a 15 foot taking and a 25 footsetback, and at that time, they did agree to consider the 15 foot taking It was pointed out that this would, for the Town, be a better proposition and he said they agreed to consider it . They were not able to get complete agreement among the six owners of the Central Block property. About a month before Town Meeting, in going backs.over some of the figures in 1962 that were established for assessment purposes, there was a great discrepancy between the value of the front property and the fire house property He said the difference in value was indicated as 72 to 1. This was a matter of discussion among the Trustees He said they did not want it to go before Town Meeting on the basis of negotiation because the Trustees had not agreed among themselves. They had not thought of anything different than an even exchange until the difference in value of the front over the rear land came up He stated that the Trustees would consider an even exchange and would hope that the Town would consider it as an agreement between the Selectmen and the owners The Chairman asked if the Trust was ready to move ahead at this time if it could obtain an agreement with the Board to put an article in the warrant for an even exchange. Mr. Giroux replied that they would rather the negotiations were done beforehand. The Chairman asked if the group was in complete ac- cord now, and Mr. Giroux replied in the affirmative. Mr. Cataldo asked if this was definitely the approach they wanted Mr. Welsh replied that they want to exnhange the front land for the piece in the back the Town now owns, which is about 3300 feet. He said there is 30% more land involved that the Town owns The Chairman said the Board usually gives quick decisions. This one is serious, and if this is the �`. 54 r tr Trustees ' intention, the Board would take it under ad- visement, and let them know. He asked if the group was in complete accord and willing to go to Town Meeting, and all were agreed that there would be an even exchange. Mr. Giroux stated it would be an agreement between the two parties before Town Meeting. Messrs Giroux and Welsh retired at 8 10 P.M. Mr. Burnell asked if the Board had professional advice on the value of this land The Chairman replied in the negative Mr. Cataldo stated that there will be benefit to both parties which cannot be measured in money Mr. Burnell said the Board was doing this on the basis of laymen'* and asked if it was necessary to obtain an appraisal first The Chairman replied this would be to the Town's advantage. Mr. Burnell said when this is taken to a Town Meet- ing, the Board will be asked the question of an appraised value, and caked if it wasn't better for the Board to get this information first before it votes on it The Chairman said he would have no objection to having an appraisal, but he did not think it would make any differ- ence Mr Sheldon said he did not think anyone at Town Meeting would object to this. The Chairman said he thought the Board should defer action for the time being and he thought the Town Counsel should be present when the subject is discussed Mr Cataldo moved to vote on it subject to Town Counsel 's approval Mr. Carroll mentioned the plan for the ball field and stated that Mr. Gray had telephoned Mr. Snow. Mr. Gray reported that Mr. Snow was surprised the plan had not been received and agreed to make up another. Mr. Carroll stated that the Recreatic:n Committee is very anxious to have him provide a cutout over on the new field which was just built between Worthen Road and Ball field Park Drive. He said he was concerned as he did not want to put it in the wrong place, and the Board should also determine whether or not there is going to be a fence along Worthen Road Mr. Cataldo said that depends on how the plan is set up, and they want to use the field this year. The Chairman asked Mr. Gray to contact Mr. Snow The Board received a copy of a letter from Kenneth L. Sewer Warden, Jr , 10 Constitution Roac. , to Mr. John Carroll, charge with reference to a sewer connection charge. Mr. Carroll stated that Mr Warden has a legiti- mate complaint and he will acknowledge the letter. Letter was received from Mr. Wm Roger Greeley with reference to work being done by the Public Works Willard' s Department in Willards Woods . Woods It appeared that Mr. Greeley had been misinformed, and the Chairman agreed to acknowledge the letter and explain the situation to him Upon motion duly made and seconded, it was voted to grant permission to the Metropolitan Budding Movers Co. to move a house onto Webster Road and a house onto Permit 116 Concord Avenue , verbal approval having been received from Mr Carroll, subject to the usual conditions At 8:30 P.M. , Mr. Alfred Buss met with the Board and said he was trying to resolve Circle Road. He said he was requested by the Planning Board to get a drain easement from the Town of Arlington, but Arlington refused to give him a drain easement into the Grcat Meadows . In talking to the Selectmen, Engineer and Town Manager, they requested two letters that he should take it by eminent Circle domain or the Town should take it . He said he peti- Road tioned the Board of Selectmen to finish the road under the Bett-rment Act The Board has agreed to sell him tax title lots on Circle Road, but he does hot have a deed to the tax title land He stated that his attorney and Mr. Stevens, former Town counsel, prepared an agree- ment but it was never finalized Now Mr Legro has an agreement The Chairman explained that Mr. Legro only received the agreement within the la t two weeks Mr. Busa explained that his father planned to drain Circle Road into the Great Meadows; Circle Road is now a private way. He said he would appreciate the Board resolving this through the suggestion of the Town of Arlington by taking it by eminent domain, as the only logical place to drain Circle Road is dnto the Meadows He said if this could be resolved immediately, it would be beneficial to him. Mr. Burnell explained that the Meadows could not be taken by eminent domain as one Town cannot take land from another town by eminent domain. Mr. Carroll said taking flowage rights is all that is needed. The Chairman asked how many houses there are on Circle Road, and Mr Busa replied two. He said eventually there will be seventeen, and they will all be served II by this drainage 1. 1516 Cr The Chairman said he thought the Board was going to need advice of Town Counsel on this . Mr. Sheldon suggested that the Board obtain an opinion from Town Counsel. The Chairman said the Board would check with Town Counsel. Mr. Cataldo asked Mr. Gray to write a letter to Mr. Legro for a legal opinion. Mr. Busa retired at 8:45 P.M. The Chairman read two letters from "Tell it to Joe", one with reference to Concord Avenue and the other re- Complaint ferring to Melrose Avenue The Chairman said he would discuss the contents with Mr. Carroll and acknowledge the inquiries Letter was received from Alphonso B. West, 33 Oak Street, requesting another deferment of water better- ment assessment. Upon motion duly made and seconded, it was voted Deferred to again extend the time for payment, under the pro- water bet- visions of Chapter 159 of the Acts of 1950, the Water terment betterment assessment in the amount of $375.00 (250 ' ) assessment and the water betterment assessment in the amount of $562.50 (375 ' ) , without interest, until the land or any part thereof is built upon or sold or until the expiration of three years from the date hereof, whichever event occurs first Reports from Mr. Donald K. Irwin, Building Inspector, Reports and Mr. Jams Finneran, Executive Heath Officer, in re- gard to Marshall 's Food Shoppe, Inc. , were noted and placed on file An offer of $400 for lots 49, portion of 51 and 52 Bruce Road was received from Mr Donald K. Irwin. Letter on the same subject was received from the Tax title Planning Board. Mr. Gray reported that the offer should have been for lot 50 and not lot 49 Mr . Carroll advised that Bruce Road is not laid out . Mr. Burnell suggested that the Board defer its judg- ment for a week and let Mr. Carroll and whoever else is concerned, report back to the Board An offer of $105 for lot 79 Valleyfield Road was received from Mrs. DeVito Letter on the same subject was received from the Planning Board. Mr . Gray reported that Mrs. DeVito is not an abutter and the Planning Board recommends selling to an abutter only 157 The Board felt that it would not be in the best interest of the Town to sell this lot, and upon motion Tax title duly made and seconded, it was voted to reject the offer. Mr. Gray referred to an offer from a Mr Cram, 60 Winter Street, and reported that the Planning Bop.rd has no objection to selling lot 60 to Mr Cram, pro- viding it is combined with his present lot Tax title Mr Gray was requested to re )ort further next week relative to the amount of the offer, etc Upon motion duly made and seconded, it was voted to request the Package Goods Stores to remain closed all dayand eveningon Monday, April 20, Patriot 's Day Mr Burnell said that some months ago the Traffic Study Com ittee requested the State Department of Public Traffic Works to make a study and recommendations on Bedford Street from Harrington Road to Hartwell Avenue He said the report he received is dated March 16 During the intervening period, the Committee considered talks with the State to provide a traffic light control at Eldred 6treet He said the Traffic Study Committee recommends lights at four intersections and the insertion of an article in the warrant for the next Special Town Meeting to appropriate $2,000 for blinker lights at Hill and Revere Streets and also Reed Street He said funds for the Worthen Road lights were appropriated at the March Town Meeting. He said the intention to ask for blinker lights ' funds at the May Town Meeting should be communicated to the State with the suggestion that it obtain funds for the installation of lights at the at t }e same time . Mr. Burnell read a letter sent to John J. Carroll, Superintendent of Public Works, by the Acting Traffic Engineer of the State Department of Public Works, dated March 16, as follows "Lexington Traffic March 16, 1964 This is with reference to your request for an investi- gaticn to determine the advisability of installing traffic control signals at the following locations . 1. Eldred Street and Bedford Street 2 Simonds Road and Bedford Street 3. Revere Street, hill Street and Bedford Street 4. Worthen Road, Camellia Place and Bedford Street My comments and recommendations are as follows' Bedford Street, Route 4, in Lexington is State Highway from the Bedford-Lexington town line to the railroad crossing just south of Ledgelawn A enue. This is a total distance of 8800 feet. The remaining 4800 foot section of Bedford Street, Route 4, is town road Eldred Street and Simonds Road at Bedford Street are State Highway intersections The vehicle counts submitted by the Town of Lexington how that neither Eldred Street, Simonas Road nor Revere and Hill Streets meets the Department 's vehicular warrant for a traffic control signal. A record of accidents submitted by the Lexington officials also reveal that these inter- sections dp not meet the Department 's warrant for traffic control signals We do agree that Route 4, Bedford Street, In Lexington has shown an increase in vehicular volumes during the past five years . It is my opinion that traffic conditions on Bedford Street can be improved in the following manner. A) Install the traffic control signal at the inter- section of Bedford Street, Worthen Road and Camellia Place that was recommended in my report to your office on January 31, 1964 As previously stated in that report this particular intersection does meet the Department 's warrant for a traffic control signal B) Install a traffic warning beacon at the inter- section of Bedford Street, Revere Street and Hill Street The recommended layout is shown on the attached 40 scale sketch C) Install a channelizing island and traffic warning beacon at the intersection of Bedford Stree; and Feed Street that was recommended in our report in April 10, 1962. The three aforementioned intersections are under the jurisdiction of the Town of Lexington. If the Town agrees to the foregoing, I would also re- commend D) Install stop signs on North Hancock Street at Bedford Street and on Valley Road at Bedford Street. The stop sign locations are shown on the attached 40 scale sketch. I6c? E) Install a traffic control signal at the inter- section of Bedford Street and Simon s Road. The signal layout is shown on the attached 40 scale sketch. The two aforementioned intersections , D and E, are State Highway locations . If the recommendations stated above are adopted, there would be two traffic control signals spaced 6000 feet apart between Route 128 and Massachusetts Avenue inLexington. In my opinion, these two signals would provide for an interruption in the continuous traffic flow that would allow for relatively safe entrance upon Bedford Street at these two points and at points located between these two signalized intersections . Also Eldred Street, being lo- cated between tne signalized intersection at Simonds Road would also receive like benefits. Very truly yours, /s/Armand L. Phaneuf Acting Traffic Engineer" _After receipt of the letter, there was a meeting with two engineers and they spent quite a period of time in going over the Eldred Street problem. He said they were firm in laying that they felt Eldred Street would benefit by this breaking up of the continuous flow of traffic on Bedford Street. There is perhaps one other way by police control, going to work and coming home from work hours. He said with this information before the Burd, the Committee re- commends that there be put in the warrant for the next Special Town Meeting an article to raise approximately $2,000 for blinker lights, and if the Board agrees, to communicate immediately with the State Department of Public Works and tell them the Board 's intention, to allow them to get their funds together Upon motion duly made an, seconded, it was voted to accept the report of the Traffic Study Committee and the letter from the State Upon motion duly made and seconded, it was voted to insert an article in the warrant for the next Special Town Meeting for X number of dollars to provide blinker lights at Hill and Revere Strfets and at Bedford and Reed Streets 11/ Mr. Burnell said he thou_ht it may be necessary to request the Chief of Police to provide police protection at Eldred Street The Chairman read a letter from Mrs. George P. Morey in regard to the traffic lights near the Battle Traffic Green which have not been in use for many years. The letter was referred to the Traffic Study Committee. Mr. Martin Small met with the Board. He said with the humber of voters registering and two women running from Lexington, there is a substantial vote drive on the Polling Democratic side, and he assumed the total number of hours - votes on the Democratic side will be greater this time, Presiders- , , and will probably be greater on the Republican side ' tial The Chairman reported that he had discussed the Primary subject with the Town Clerk who felt that if the polls were open at ten in the morning until eight, it might suffice Upon motion duly made and seconded, it was voted to open the polls at 7:30 A.M. and close at 8 00 P.M. on Tuesday, April 28, Presidential Primary Upon motion duly made and seconded, it was voted Warrant to sign the Warrant for the Presidential Primary to be held on Tuesday, April 28, 1964. At 9 :00 P.M. , Chairman Meyer, Mr Campbell and Mrs . Riffin, of the Planning Board, met with the Selectmen The Chairman referred to a letter received from the Planning Board, dated March 27, 1964, in regard to , Legal fees special legal advice The Chairman said it was the Selectmen's under standing that the legal fees would be paid for out of the Planning Board budget He stated that the Town Counsel and the Appropriation Committee also understood this The Chairman said the Planning Board has a file on the Lyon property and where this is a Selectmen's article and basically the Selectmen's job, they felt they should Lyon take it over and carry it through. He said if the property Planning Board could see that the file was delivered to Mr. Gray, the Selectmen would carry on from there, but would still consult with the Planning Board The Chairman said the Planning Board was aware of the fact that there would probably be a Town Meeting in the spring, possibly the latter part of May. He said Spring all the takings have been made on Spring Street Street Mr. Meyer said tonight was the first night he saw the layout. The Chairman asked if the Planning Board would be ready by then with that area * He said, if possible, it would be desirable by all parties concerned, to have the polls open at the usual hours 161 Mr. Meyer replied he hoped so. He said the people P p p on Worthen Road are coming in for the apartment again- the Seth property, and the Housing Authority will probably be coming in too. He said the real problem timingwise is the Spring Street zoning The Chairman suggested May 25 for the Special Town Meeting. Mr. Cataldo said the School Department should be checked with The Chairman said the closing date for the warrant would be April 25 The Planning Board retired at 9 :40 P.M. The Chairman read a letter from the Board of Fire Commissioners relative to procedure to be followed for the purchase of a new ambulance Ambulance Mr Sheldon explained it has been customary for the Fire Commissioners to follow through on this Upon motion duly made and seconded, it was voted to have the Fire Commissioners proceed with specifi- cations and plans _for the purchase of a new ambulance for which funds were appropriated at the Annual Town Meeting in March, 1964 Mr. Cataldo mentioned, for the Board ' s consideration, the possibility of charging a fee for water and sewer con- nection inspections Upon motion duly made and seconded, it was voted Water and to approve the proposed Rules and Regulations for the Sewer Con- operation of the Water Department or Water Division, nections and Rules and Regulations for the operation of the Sewer Division, subject to approval by Town Counsel. Mr . Carroll retired at 9 50 P.M Upon motion duly made and seconded, it was voted to grant permission to the L.-H Town Committee to sell Permits food properly wrapped from baskets on April 20 Upon motion duly made and seconded, it was voted to grant permission to the Marine Corps League, to carry Town flags in both the morning and afternoon parades on April 20. The Board had no objection to the League 's plan to locate a stand on property owned by Dr. Charles T Mooney, 1115 Massachusetts Avenue Letter was received from the Lexington PTA Council requesting permission to sell tickets from a booth to be located on the Episcopal Church Rectory land April 20, proceeds to be used for the Lexington High School Scholar- ship Fund. 1 c") yy� _3 IL) id iN n �pqr� ]d J Upon motion duly made and seconded, it was voted to grant the request Upon motion duly made and seconded, it was voted Resignation to accept with regret Mr. Edward J. Gildea' s resignation as a member of the Board of Assessors, effective April 30. Letter was received from the Town Clerk advising Resignation that he had received Robert H. Kingston's resignation as a me3nber of the Appropriation Committee, effective April 1, 1964 Letter was received from the Recreation Committee advising that the Committee has appointed Vincent E. Appointment Hayes to be its member on the Hunting Committee author- ized under A ticle 71 of the warrant for the Annual Town Meeting; March, 1964. Upon motion duly made and seconded, it was voted to appoint Mr. Brown as the Board 's member on the Hunting Appointment Committee authorized under A''ticle 71 of the Warrant for the Annual Town Meeting, March, 1964. Mr. Cataldo said he would like Town Counsel 's opinion as to whether the three individuals on this committee would be, in any way, liable for any decisions it made Decision was given verbally by Town Counsel later in the evening in Executive Session. Upon motion duly made and seconded, it was voted Appointment to appoint Mr. Maurice Healy the Municipal Chairman for the next United Fund Drive. Upon motion duly made and seconded, it was voted to grant Mr. Bertram P. Gustin permission to conduct Use of hall an auction in Estabrook Hall on April 13 and April 27 subject to the usual charge and custodian's overtime fee. Unon motion duly made end seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held March 30, 1964 Mr . Sheldon said he believed the Board had read a report of the Lexington Executive Park Development Com- Committee mittee, and he thought the Committee should be discharged. report He said someone had suggested that the report be given to the press, and as Chairman of the Committee, he had no objection and would say it is a matter for the Board to decide ' Upon motion duly made and seconded, it was voted to accept the report of The Lexington Executive Park Development Committee, with thanks The Board had no objection to giving the report to the press The Chairman said, as far as the recommendations made lay the committee are concerned, he would suggest that the Board read the report again and come in with its decision. Mr . Sheldon said he felt quite strongly about ap- pointing the Executive Assistant as liaison so he could smooth the way for people interested in coming to Lex- ington. He asked if the site control was something the Town has any control over, and asked Mr. Gray to check this. Mr. Legro arrived at the meeting at 10 :12 P.M. Mr. Gray reported that he had received medical bills from the Fire Department which have been held since the first of the year. The total is approxi- Medical mately $1200 and only $1,000 was provided for in the bills Selectmen's budget He said he thought the Board would have to request a transfer and su gested starting with an amount of $1,000 because one of the firemen has been in- jured and will continue to need medical treatments . Mr. Cataldo said he tuought the Board should ask the Fire Department about this Mr. Sheldon said he agreed, and would like to know more about it. He said before requesting the Appropri- ation Committee for a transfer, the Board should have more information Mr. Gray was authorized to put through the bills on hand for payment Upon motion duly made and seconded, it was voted to sign a Certificate of Entry, presented by Mr.Legro, Certificate to do the Burroughs Road drain. (All copies taken of Entry by Mr. Legro. ) The Chairman advised Mr.Legro that the Board had approved the proposed Rules and Regulations for the operation of the Water Department and the Rules and Regulations for the operation of the Sewer Divi- Water & sion, subject to his approval Sewer Mr. Legro said he would like to discuss two or Regulations three items in the regulations with Mr. Carroll. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dia- l _I 64 r cussing, deliberating, or voting on matters, which,if made public, might adversely affect the public security, or the financial interest of the Town, the reputation p of any person Executive Following Mr . Gray's discussion relative to clerical Session help, Mr . Legro 's comments on building owned by Mr. Stephen Trebino, the Hunting Committee, it was voted to resume the open meeting. The meeting adjourned at 10:35 P.M. A true record, Attest �tiV C1 , Se1ec en '