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HomeMy WebLinkAbout1960-07-11-min 54 SET,EC TMEN 'S MEETING July 11, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday, July 11, 1960, at 7:30 P.M. Chairman Morey, Messrs. Adams, Ferguson, Richards and Cole were pre- sent . Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meetings held on June 20, 27 and July 5. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate four poles on Summer Street . Mr. Jones, representing the Boston Edison Com- pany, and .Mr. Consilvio, representing the New England Telephone and Telegraph Company, were the only persons present at the hearing . Mr. Jones advised that it is necessary to obtain approval from the Town before applying to the State , Summer Street being a State highway. Mr. Consilvio said the telephone com pany hopes the permit will be granted by the Town and subsequently go to the State for approval. Mr. Adams asked if the poles would carry lights, and Mr. Jones replied that they would not unless the Town made such a request. The hearing was declared closed and Messrs. Jones and Consilvio retired. Upon motion duly made and seconded, it was voted to approve the petition and sign an order for the fol- lowing j/o pole locations : Summer Street, southwesterly side, north- easterly from a point approximately 75' northwest of Haskell Street, -- Four poles. Mr. John Carroll left the meeting. Mr. James J. Carroll, Town Treasurer, met with the Board, and said he was concerned about borrowings, as there are obligations that have to be met . He re- ported that, upto November 1st of this year, he will need $ 2,092,76 .66, and at present, he has $612,000. act After deducting this week' s payrolls and bi]ls, he will have $500,000. During the interval the payrolls will amount to $443,764. He stated that in addition there will be teachers ' payrolls for September and October, with an increase of 20%, amounting to $360,000. He has loans due next month in the amount of $377,000; $50,000 due September 1st; $50,000 due October 1st, and 760,000 due November 1st. He said that there is no money coming in and in conversation with the Assessors ' Borrowing Department today, was informed that they did not know when the real estate bills will be going out. He re- ported that last year, there were bills sent out the tenth of this month and by October let $572,566.88 was collected and by November 1st $2,542,814.20. He said the situation is serious, and the work in the Assessors ' Department is behind partly because of vacations . He stated that last year, there were over 700 pages of the book on taxes. Since the new girl started this year, only eight pages have been done He said the Assessors told him they were doing the best they can, He stated that $100,000 in excise tax bills were sent out and $49,000 has been collected. Mr. Carroll presented a letter to the Chairman advising that in order to meet the finances of the Town, it will be necessary for him at this time to borrow $1,000,000 in anticipation of taxes. The Chairman asked if a portion of the borrow- ing would be payment of the $750,000 borrowing and Mr. Carroll replied in the affirmative . Mr. Carroll retired at 7:50 P.M. Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to obtain bids on a loan of $1,000,000 in anticipation of revenue . Mr. Stevens and Mr. John Carroll met with the Board. Mr. Adams suggested that a representative from the Board obtain accurate information from the Board of Assessors, the Tax Collector, and the Town Clerk on 1.) comparative record of payments; 2. ) How far the Assessors have gone this year and 3.) when the Tax bills bills were sent out last year and how many days after they were sent out the money began to come in. Mr. Ferguson suggested that the same information be obtained fbp the past two or three years. Upon motion duly made and seconded, it was voted to sign contract #3 Trunk Sewer (Minute Man Highlands) , presented by Mr. Stevens, between the Town of Lexington and A. D'Allessandro & Sons at their base bid of $262,222.90. G7 A telegram was received June 30, 1960 from Pitt Construction Corp. entering a protest to the awarding of a contract for sewer laterals to a person other than the low bidder . A telegram was also received July 6, 1960 from John LaCamera Construction Co. Inc. , entering a pro- test to the awarding of a contract for sewer laterals to a company other than the low bidder. Mr. Stevens reported that two or three attorneys called him and as far as he knows, they were satis- fied that the low bidder was not qualified. Mr. Stevens referred to the property the Town Extension is acquiring from Adrian E. E. MacKeen, Jr. , and Anita of time B. MacKeenand reported that they would like to ex- tend the time for delivery of the deed. Upon motion duly made and seconded, it was voted to sign an agreement extending the time for delivery of the deed and payment of the consideration to August 15, 1960. Mr. Stevens explained that he had prepared an Order of Taking by eminent domain a permanent sewer easement and a temporary construction easement for the first step in the construction of the so-called Minute Man Highlands sewer. Mr. Carroll explained the location of the ease- Easements ment on a plan and reported that the individuals in- volved have allbbssacontacted and informed of the proposed locations . Upon motion duly made and seconded, it was voted to sign an Order to take a temporary construction ease- ment and a permanent sewer easement in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held ion the 11th day of July, 1960, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1960, namely at an adjourned session thereof duly held on March 21, 1960, in accordance with the provisions of law applicable thereto, it was unani- mously 57 "VOTED: That the Selectmen be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine frau about the intersection of Watertown Street and Peacock Farm Road to the vicinity of Minute Man Highlands, s subject to the assessment of betterments or other- wise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in ad- dition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, ease- ment or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $336,000.00, and to provide for payment thereof by the transfer of $6,000.00 from the Sewer Assessment Fund and the balance of $`330,000.00 to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $30,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years ." ' WHEREAS the Selectmen have determined that in order to install the sewer main from about the intersection of Watertown Street and Peacock Farm Road to the vicinity of Minute Man Highlands it is necessary that the sewer main be located in the land hereinafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the pro- visions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land situated on Watertown Street in said Lexington and bounded and described as follows: L 58 Beginning at a point in the northeasterly side , line of Watertown Street at Peacock Farm Road; thence running by a curve to the left with a radius of 20.00 feet along the northerly side line of Peacock Farm Road, distant 20.91. feet to a point; thence turning and running North 590 23' 16" West through lots 1 and "A" and into lot 12B, all as indicated on plan herein- after mentioned, distant 335.46 feet to a point; thence running by a curve to the right with a radius of 794.27 feet through the remainder of said lot 12B and into lot 12A, as indicated on said plan 79.00 feet to aoint ; thence turning and running South 360 18 ' 41" West, distant 10.00 feet to a point in the northeasterly side line •f Watertown Street; thence turning and running by said northeasterly side line of Watertown Street by a curve to the left with a radius of 804.27 feet, distant 801.00 feet to a point; and thence running South 59'' 23' 16" East by said northeasterly side line of Watertown Street, distant 318.14 feet to the point of beginning; all as shown and marked "10' Sewer Easement" on plan entitled "Plan of Sewer Easement Watertown Street Lexington, Mass .", dated April 7, 1960, John J. Carroll, Town Engineer, to be recorded herewith. And we do hereby also so take temporary construction easements, for use in constructing the sewer to be instal- led in the permanent easement hereinabove described in a strip of land having a substantially uniform width of thirty feet extending from Peacock Farm Road to the westerly boundary of the aforesaid lot 12B and abutting the north- easterly line of said permanent easement; all as shown and marked 30' Construction Easement" on the aforesaid plan; and reference to said plan is made and said plan is in- corporated herein for a complete and detailed description of said strip of land The temporary construction easements herein taken in- clude the right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary or desirable in connection with the afore- said sewer construction. The construction easements shall terminate thirty days after the completion of the sewer construction, and, in any event, not later than July 11, 1961. Said rights and easements in the land included within the above descriptions are taken without interference with 59 or prejudice to the rights of the respective owners of the land, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all their re- spective rights in and to the use of their lands for all lawful purposes not inconsistent with the use there- of for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably as good condition as when the entry was made . Any trees upon the land included witin the above de- scribed strips of land are included within the taking. The land in Which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Lots as shown Owner on aforesaid plan Eliot Leonard and Sonya Leonard, 1 husband and wife Mark S. Kramer and Pauline Kramer, husband and wife "A" Walter C . Radford and Florence J. Radford, husband and wife 12B Gustave E.Larson 12A And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. Betterments are to be assessed for this improvement . The area which it is expected will receive benefit or advantage , other than the general advantage to the community, from such improvement is shown on the schedule which is hereto annexed and made a part hereof, and it is hereby estimated that betterments will be assessed 60 upon each parcel of land as shown on said schedule . WITNESS our hands at Lexington as aforesaid, this 11th day of July, 1960 . /8/ Ruth Morey Lincoln P. Cele , Jr. Alan G. Adams Norman J. Richards Gardner C . Ferguson Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. July 11, 1960 Then personally appeared Ruth Morey, Alan G. Adams, Lincoln P. Cole, Jr. , Gardner C . Ferguson and Norman J. Richards, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act anddeed and the free act and deed of the Town of Lex- ington, nefore me , /s/ Harold E. Stevens Notary Public My commission expires: September 16, 1961 SCHEDULE OF ESTIMATED B TTIILMESTS REFERRED TO IN TEE FOREGOING ORDER Lot as shown on plan referred Estimated Owner to in said order Betterments Eliot Leonard and Sonya Leonard, husband and wife 1 $ 720.22 Mark S. Kramer and Pauline Kramer, husband and wife "A" 807.69 Walter C . Radford and Tlorence J. Radford, husband and wife 121 570.57 Gustave E. Larson 12A 560.81 ' 61 Mr. Richards left the meeting at 8:30 P.M. Upon motion duly made and seconded, it was voted to set Tuesday, September 20, as a tentative date for Town Meeting a Special Town Meeting. Mr. Carroll referred to bids opened on reno- vation and alteration of the Civil Defense Room in Cary Memorial Building . He reported that he had in- vited bids from six or seven local builders and only two were received. He said that Soule Bros. were the low bidders and a question was raised because he is a member of the Civil Defense organization. He explained that, in discussing the subject with Bids Mr. Stevens, he realized tht he had not followed rejected the public bidding law, about which he was unaware . He said he thought the bids would have to be re- jected and new bids invited. Upon motion duly made and seconded, it was voted to reject all bids received for the renovation and alteration of the Civil Defense Room. The Chairman mentioned meeting with the Arlington Selectmen to discuss the Great Meadows . It was agreed to call a Special Meeting of the Hoard at 7:30 P.M. on Monday, July 18, and attend a meeting with Arlington at 8:00 P.M. Mr. Stevens retired at 9:10 P.M. Mr. Carroll reported on the bids opened July 5 for Sewers, Contract No 4, and read a letter from Whitman & Howard advising that the apparent low bidder, P. DiMascio Construction Co. , had made an error. The Sewer correct amount should have been $67,209.11 instead of Contract $63,962.50. Susi & DeSantis was the low bidder, and Whitman & Howard recommended that the contract be awarded to them. Upon motion duly made and seconded, it was voted to award Contract No. 4, Sewers, to Susi & DeSantis Co. , the low bidder, at their price of $66,290.00. Mr. Carroll reported that bids were opened today for resurfacing streets and the low bidder was Warren Brothers, $10,869.00 He stated that the binds had been checked and found to be correct. He recommended that the contract be awarded to the low bidder. Resurfacing Upon motion duly made and seconded, it was voted streets bid to award the contract for resurfacing streets to Warren 621-3 Brothers Roads Company, the low bidder, at its price of $10,869.00. Mr. Carroll informed the Board that he would like to resurface Massachusetts Avenue from the Arlington line to the Center in 1962. He explained the reason Resurfacing for bringing the subject up at this time is that he Mass . Avenue would like to write the public utilities so that they will have an opportunity to make their plans . Mr Carroll was authorized to advise the utility companies what is contemplated. Mr. Carroll reported that he had explored the possibility of running a sewer down Henderson Road Boulder Road to service Mr. W. F. Davis' house . He explained that the distance is approximately 120 feet longer and the installation will be more expensive . He stated that he may have funds this year because the contracts have been lower than anticipated, but said that there are other locations where sanitary sewers are needed. It was agreed to advise Mr. Davis that the Board will keep the Boulder Road sewer on the list and if feasible, have it constructed this year, but no promise of fast action or commitment can be made . Mr. Carroll advised the Board that due to the lack of rain, the ban on watering from midnight until 10:00 A.M. Water ban should be put into effect again. Upon motion duly made and seconded, it was voted to limit the every other day watering from midnight until 10:00 A.M. Upon motion duly made and seconded, it was voted to grant the petition and sign an order for the fol- Pole lowing j/e pole locations, Mr. Carroll having approved: locations Grove Street, southwesterly side, southeasterly from a point approximately 60 feet south- east of Winter Street, -- Three poles. Letter was received from the Mystic Valley Gas Company requesting permission to install a gas main Gas Main in Maguire Road to serve the new Itek building. The proposed location was approved by Mr. Carroll. Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to install a 2-inch welded steel high-pressure gas main in Maguire Road, providing it conforms with Mr. Carroll's specifications . 63 ' Mr. Richards returned to the meeting at 9:40 P.M., and Mr. John Carroll retired. Letter was received from Mr. Paul M. Mitchell, 25 Asbury Street, applying for an abatement of the street betterment assessment in the amount of $900 levied against his property. Assessment Upon motion duly made and seconded, it was voted to reduce the assessment by the amount of $300 . Letter was received from Dr. Keith E. Winnard, 16 Loring Road, with suggestions relative to fencing swimming pools. Swimming Report was received from Mr. Irwin, Building Pools Inspector, relative to permits issued for swimming pools. It was agreed to establish a committee of three to study the subject, consisting of Mr . Richards, Mr. Irwin and Dr. Winnard. Application was received from Pat J. Monsignors, d.b.a. Arlex Taxi Co., for three additional taxicab permits. Upon motion duly made and seconded, it was voted Permits to grant three additional taxicab licenses to the Arlex Taxi Company. Request was received frac Mr. David Shoemaker, 50 Peacock Farm Road, on behalf of the Lexington Com- mittee of the Emergency Public Integration Committee, Permit to distribute leaflets and to carry signs in the vicinity of Woolworth' s store on Friday nights during July from 6:00 P.M. until 9:00 P.M. Upon motion duly made and seconded, it was voted to grant the request . Letter was received from Chief Rycroft advising that the old oars parked on town-owned land located on Syl$ia Street have been removed. He also reported that the individual involved in dumping on Walnut Street had been contacted and the material removed. It was agreed to discuss further Building and Zoning By-Law enforcement at the next regular meeting Enforcement if the Board and to ask Mr. Irwin for another report of his calls on the subject. The meeting adjourned at 10:10 P.M. ' A true record, Attest: / vEtec tive Clerk, Selectmen