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HomeMy WebLinkAbout1964-03-05-min 120 t. (sa'4 Y^rn -a V' rA� u J SELECTMEN'S MEETING March 5, 1964 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Thursday, March 5, 1964, at 7:00 P.M. Chairman Cole, Messrs. Brown, Burnell, Cataldo and Sheldon were pre- sent. Mr. Carroll, Superintendent of Public Works, Mr. Gray, Executive Assistant, and Miss Murray, Execu- tive Clerk, were also present. Mr.Legro arrived at the meeting at 7:25 P.M. The Sousa brothers, of Woburn, and their attorney, Richard Johnson, 7 Winn Street, Woburn, met with the Board. The Chairman stated that the Board had received a financial statement which seems to be more in order than the previous ones . He asked if the Souses had, Garbage at the present time, anyone under contract to accept contract the garbage that would be collected. Mr. Sousa replied in the affirmative and stated that he has a Mr. Kennedy. The Chairman asked for how long a period, and Mr. Sousa replied for the term of the contract. He said they could dump on his farm, and they intend to go back in the pig business. Mr. Carroll asked whenthey intended to go into the pig business, and Mr.Souaa replied within six months or a year. Mr. Carroll asked if garbage has any food value for the pigs, and if they could sell it . He asked if Mr. Kennedy would pay for the garbage. Mr. Sousa replied that he has not come to a con- tract, but agreed to let him dump it on his farm. Mr. Sheldon asked if Mr. Sousa would be paid a sum of money. Mr. Sousa replied that he hoped so but he has not discussed a contract. Mr. Carroll asked how they would dispose of the garbage supposing Mr. Kennedy refused or if for some other reason they could not dump on his farm Mr. Sousa replied there are a number of other piggeries . Mr. Sheldon said he understood the desirability of garbage fluctuates with the market and when the market is down, it can't be given away. He said as long as the market is good and this man accepts it, there wou_d be no problem, but asked what would happen 121 when the market turns the other way and this man does not want the garbage. Mr. Sousa said he would have to get another farmer willing to take it. The Chairman asked what would happen to the garbage if his possibility of disposing of it disappeared, and he could not find womeone to take it. Mr. Sousa replied that they would go back into the pig business . Mr.Sheldon said if Mr. Sousa was told on a certain day this man does not want the garbage, he could not get back into the business in two weeks . Mr. Sousa steted there are always a few farmers who will let him dump the garbage until they get the farm going Mr. Cataldo, referring to the farm the Souses now own, asked if that is where they would go into the pig business. Mr Sousa replied in the negative and said he was prohibited by a Supreme Court decision. Mr. Cataldo asked if he was in a financial position to start from scratch. Mr, Sousa replied that he thought his family was . He said, as far as the garbage from Lexington is concerned, he could build a platform in a week and that would take care of the garbage. All they would have to do would be to buy pigs. He explained he could feed 300 or 400 pigs from a platform. Mr . Carroll said he would like to discuss the subject with the Board privately. The Sousa brothers and Mr. Johnson left the meeting. 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, might adversely affect the public security, the financial Executive interest of the Town, or the reputation of any person. Session Following a discussion with Mr . Legro, it was voted to resume the open meeting. The Sousa brothers and their attorney, Mr. Johnson, returned to the meeting. The Chairman said that Mr. Sousa had stated earlier that he was not planning to dump any garbage at Hartwell Avenue anddid not figure this in the bid. He said they planned to dump the garbage on pig farms and asked if they would voluntarily write a letter waiving that clause, Mr. Legro said he thought the clause could be elimi- nated by agreement before the bid is awarded. 1 g1 Mr. Johnson asked the Souses if they were willing 111 to have the la8t sentence of that paragraph taken out. Mr. Sousa said supposing one of the trucks broke down and they had to dump the garbage in an emergency. Mr. Legro said the Board did not want even the infrequent use of the dump site. Mr. Sousa said it was stated in the contract and Mr. Legro said that was right. Mr. Sousa said he understood what the Board wanted and would be willing to go along with what it wants. He said he only figured on leaving one of the trucks there. Mr. Legro explained that was not provided for in the contract. Mr. Carroll asked what the Sousas would do if this clause was not in the a ntract and a truck broke down. Mr. Sousa replied that he would have to take it down to the piggery. Mr. Legro said this would be taken into account in the awarding of the bid If it is not figured in the bid, the Board does not want the infrequent possibility that it would be called upon. Mr. Sousa asked how the Board would like it. The Chairman replied the Board wants it out. Mr. Legro explained that it might be out anyway, be- cause it is subject to the Board of Health and the State Board of Health. The Chairman said the Board wanted to be fair. Mr. Carroll asked if Mr. Sousa was sure he could do this without getting into difficulty later on. Mr. Sousa replied in the affirmative and said he was not a believer in dumping garbage at a dump. The Chairman said he was sure the attorneys had a meeting of the minds, and if the Sousa brothers have a meeting of the minds, it can be written up that way. Mr.Legro said they would have an exchange of correspondence that it would be deleted and then leave it out of the contract. The Chairman said if there were no further questions and the Sousas wanted to wait outside for a few minutes, the Board would discuss the subject The Sousa brothers and Mr. Johnson left the meeting. The Chairman asked if Mr . Carroll recommended award- ing the contract under these conditions, and Mr. Carroll replied in the affirmative. Upon motion duly made and seconded, it was unani- mously voted to award Sousa Brothers the contract for the collection of garbage in Lexington for a three-year term commencing May1, 1964 and ending April 30, 1967, at their bid price of 54, 000 fromMay 1, 1964 to April 30 1965; $57,000 from May 1, 1965 to April 30, 1966, and $59,900 from May 1, 1966 to April 30, 1967 . The Sousa brothers and Mr. Johnson returned to the meeting. The Chairman reported that the Board had voted unanimously to award the contract to them on a three- year basis as bid subject to the correspondence being successfully carried on between the two attorneys and the contract being drawn up and signed. Mr. Sousa asked if they could take it for two years with an option to renegotiate . The Chairman explained that the Board had voted to award the contract for three years . Mr. Carroll said whet the Souses were suggesting would not be fair to the other bidders. Mr. Sousa said he would go along with the three-year contract . The Chairman said he wanted to make certain the Souses had no reservations and that there is no question in their minds . The Sousa brothers and Mr.Johnaon retired. Mr. Gray referred to a letter received fromMr. James J. Carroll relative to Blue Cross-Blue Shield which was held over from last Monday 's meeting. He reported that the proposed change would be a definite advantage in that it is a better contract for the Town; the rates less . Blue Cross Mr. Sheldon asked about the Town's contribution. Blue Shield Mr. Gray explained that the Town pays half and the employee pays half . The new rates will be less with improved benefits. He explained that if this is acted upon now, it can be put into effect April 1. Upon motion duly made and seconded, it was voted to participate in the Blue Cross-Blue Shield additional coverage - Inpatient Diagnostic Rider; $15.00 toward ambulance charges to the hospital and $25.00 family deductible. Mr. Legro referred to the Lyon's property on Waltham Street and reported that he has had some reservations Lyoh's in mind with respect tothe property because of the property question of access to the lot that Robert Lyon is retain- Waltham ing, Lot B. The Town proposes to acquire Lot A, and Street Mr. Mabee had some discussion about keeping open a common boundary line so they would have access to Lot B. They want an opening between the common boundary line and thirty feet wide so they can get cars and other vehicles in here Mr. Legro said that Francis Smith, attorney for Lyon, said very definitely they want a fifteen foot easement 124 and he first wanted it parallel to and adjacent to this boundary line where they will have access. He has agreed that it could be a floating easement to be where the Town decides. Mr. Legro explained that a fifteen foot easement means more than one third of the front half of the lot and he felt the Town is paying a full price for the entire parcel and it should not be subject to the loss of use or subject to an easement . Mr. Sheldon asked if there was some way this could be handled without tying it up physically and asked if there could be an access agreement without giving an ease- ment. Mr. Legro advised that would be just as undesirable and would not be defined and subject to a Court 's decision. Mr. Legro said his point is that so long as the Town uses this, Lot A, it proposes toacquire as an off-street park- ing area, no harm is really done because they only have access over the same strip all the rest of the Town would have access over. Mr. Sheldon asked if the Town intends to leave it open. Mr. Legro said it may or may not. No one knows how long this will be used as a parking area or what the situ- ation will be ten or fifteen years from now. He said it seems to him the Town would not want to tie up more than one third of front area with an easement. He suggested that the $52,500 is all out of proportion Mr. Sheldon asked if there was a figure Mr. Legro felt would be fair to the Town with an easement. Mr. Legro said for a fair figure, the Town might acquire a twenty-five foot strip for the Town 's use. He reported that he discussed the problem with Mr. Mabee. The meeting adjourned at 7:55 P.M. A true record, Attest : c iv ler , Selec meh N 1