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HomeMy WebLinkAbout1966-04-25-BOS-min 50 ra SELECTMEN'S MEETING April 25, 1966 1 A regular meeting of the Board of Selectmen was held in the Selectmen's Roam, Town Office Building on Monday, April 25, 1966 at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee 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. Leon A. Burke, Jr., Director of Guides, met with the Board and introduced Gerald Silva, applicant for a Guide's License. He stated Mr. Garrity had tested him and found him to be qualified and he also Guide interviewed him. license The Chairman told the applicant he would be one of the first impressions of Lexington to most people coming into town. Upon motion duly made and seconded, it was voted to grant Gerald Silva, 9 Longfellow Road, a Guide License. The Chairman presented the license and badge. Messrs. Burke, Silva and his father retired at 7:30 P.M. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Freemont Street. Pole Notices of the hearing were mailed to the location petitioners, owners of property as listed on the petitioners' plans and also filed with the Superin- tendent of Public Works. Mr. Lewis Jones, representing the Boston Edison Company, was the only person present at the hearing. He explained the proposed location. The Chairman read a letter from Warren S. Little, $7 Freemont Street, stating he favored the proposed location and thought it was the result of hismequest to the Boston Edison Company. The hearing was declared closed. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Larchmont Lane. Notices of the hearing were mailed to the petitioners, owners of the property as listed on the Pole petitioners ' plans and ales filed with the Superinten- location dent of Public Works. 51 Mr. Lewis Jones , representing the Boston Edison Company was the only person present at the hearing. He explained the proposed location. The hearing was declared closed. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Hudson Road. Notices of the hearing were mailed to the peti- tioners, owners of the property as listed on the Pole petitioners' plans and also filed with the Superinten- location dent of Public Works. Mr. Lewis Jones, representing the Boston Edison Company, was the only person present at the hearing. He explained the pole is to be moved towards the eorner• of the street but will remain in front of the same abutter. The hearing was declared closed. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Dane Road. Notices of the hearing were mailed to the peti- tioners, owners of the property as listed on the Pole petitioners' plans and also filed with the Superinten- location dent of Public Works. Mr. Lewis Jones, representing the Boston Edison Company, was the only person present at the hearing. He explained this pole had been requested by the Town so that a street light could be placed in this location. The hearing was declared closed. Mr. Carroll, Superintendent of Public Works, was recorded in favor of all the proposed pole locations. Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following j/O pole locations : Freemont Street, westerly side, approximately 176 feet north of Constitution Road, -- One pole; Larchmont Lane, northeasterly side, approximately 256 feet northwest of Revere Street, -- One pole; Hudson Road, northeasterly side, northwesterly from a point ap roximately 35 feet northwest of Winston Road, -- One pole. (One existing JO pole to be removed. ) ; v 9 Dane Road, northeasterly side, approximately 27 feet northwest of Sherburne Boad, -- One pole. Mr. Jones retired at 7:40 P.M. Mr. Gray reported that a representative of the Algonquin Gas Transmission Company furnished the Town with a $15,000 bond apparently for some land takings. Algonquin He recommended that it be referred to Town Counsel gas bond and said he understood the takingswere on private property. Mr. Gray stated that he received a letter from the Planning Board advising that the Massachusetts Planning Federation of Planning Boards will hold its annual Boards ' meeting at the Lexington Motor Inn on May 7, 1966. annual The topic of the meeting will be the laying out and meeting acceptance of streets. He said the Planning Board would like to have a member of the Board of Selectmen, or anyone involved with street acceptances, attend. Mr. Gray stated that he received a request from Chief Corr to insert an article in the warrant for the June 20, 1966 Special Town Meeting to see if the Town will vote to accept Section 20C, Chapter 90 of the General Laws. This is the so-called visible parking ticket law. Article Mr. Legro advised it is similar to the system used in Boston. Fines can be taken care of without criminal records, and they are paid direct to the court. Upon motion duly made and seconded, it was voted that the matter of acceptance of Section 20C, Chapter 90 of the General Laws be placed in the forthcoming warrant for the June Town Meeting. Mr. Gray said the time period has almost expired for the Sergeants' list and he would like to write in for the list. Sergeants ' Upon motion duly made and seconded, it was voted list to authorize Mr. Gray to request the Division of Civil Service to send the Board the Sergeants ' list. Mr. Legro said he had, for the Board' s execution, an agreement between the Town and the architect for the Public Works Building for preliminary work. Architect 's Upon motion duly made and seconded, it was voted agreement to execute the agreement as submitted by Town Counsel. No copies were left with the Board. Mr. Carroll referred to sidewalk construction for this year and statedtwo of the sidewalks approved were Grant Street, a distance of 2,800 feet, from East Street Il 533 to Busa's Farm, $5,400 and Colony Road, a distance of ' 600 feet, from Grant Street to Fiske School Drive, $1,800. He said in trying to set up the sidewalk work for this year he had added a couple of the sidewalks approved to street contract on which Whitman & Howard is going to do Sidewalk the engineering work. He said he would like to add these contract two sidewalks to Lazzaro's contract of last year . He is finishing the sidewalks now and it will work out very well. He explained he would not have to adveltize for a small contract and they would be done quickly at the unit price in the original contract with Lazzaro. He suggested that the sidewalk be constructed on the side of the street opposite Busa' s. The Board questioned the location proposed and the Chairman said Mr. Carroll had not made a final determination yet and he thought Mr. Carroll should look at this again. Mr. Carroll reported he went to see Jack Gardner, State Department of Public Works, about the problem of Route 2 and asked him what he had done. Mr. Carroll said he has done almost nothing since the meeting with Commissioner Sargent. He has worked on traffic counts and the only thing he would say is "this intersection is going to be tight". He recognized there will be a Route 2 problem at the intersection of Worthen Road and Pleasant Street. He has not done any work on costs and no one has ' given him a directive to do any work. Mr. Carroll said he did talk to Dr. Slone_ today and he was very much upset but said he would not do anything until Mr. Carroll talked to the Board. The Chairman said Dr. Slone., shouldn't do anything. The Chairman asked Mr. Grty to make a note for him to call Commissioner Sargent. Letter was received from Mrs. Faye J. Kenney, 46 Grapevine Avenue, listing alleged damaLes to her house caused by construction of a new house next door. The Chairman reported he had talked to Mrs. Kenney Claim before the letter was received. He went over to see the property and there seems to be no liability on the part of the Town. He suggested to Mrs . Kenney that she contact her own counsel. Mr. Gray reported as far as the Building Inspector is concerned, there are no violations of the Building By-Laws. The Chairman said he would write to Mrs. Kenney and refer to his meeting with her. Order D.P.U. 15166 Algonquin Gas Transmission Company was received from the D.P.U. Algonquin Mr. Legro advised this is a report of the find- ings of the D.P.U. and the Town has a separate agreement 15166 as a result of the hearing from the Algonquin Gas Trans- 54 mission Company that it will construct the gas line as it crosses public ways in a manner that the Town asked for. He said he had a copy of this Order. He said the Board should keep in mind the Town has the agreement and is now waiting for a copy of the final plan. The Chairman read a letter from Richard Harding, 83 Hill Street, relative to the installation of a sanitary sewer. He asked Mr. Carroll to send a petition out for signatures. Mr. Carroll explained this would be for next year as it involves the installation of a trunk sewer. The Chairman read a letter from Frederick D. Ezekiel, 75 Allen Street, relative to having connecting pipes from his lot line to the Wellington Lane Connector Dry Sewer. Sewer Mr. Carroll reported he was having his Engineering Department prepare a petition to have this sewer put in next year's budget. He said he would obtain a price from the State contractor to see if the Town can get the services in from the side of the road. He said he would reply to Mr. Ezekiel's letter and give the Board a copy'. The Chairman read a letter dated April 19, 1966, from troland B. Greeley relative to his appointment by the Board to the Implementation Committee on Lexington Center. Mr. Greeley felt the Planning Director should bear the same relationship to the Committee as Mr. Gray and Mr. Carroll. Appointment The Chairman said perhaps a better approach would be, where Mr. Gray and Mr. Carroll are on the committee, to put Mr. Zaleski on and he would be the one to keep the Planning Board informed. He said he thought it should be understood this committee is not a decision making committee. It is to collect and correlate information and get it to the Board of Selectmen which is, and will remain, the decision making body. Mr. Sheldon said in the interest of peace and harmony the Board might as well appoint Mr. Zaleski. The Chairman suggested Mr. Zaleski in place of Mr. Greeley. Mr. Sheldon said be thought Mr. Greeley would be of some value on the committee. The Chairman explained a committee exceeding seven in number is apt not to work as efficiently as a smaller number. Mr. Burnell said he w ould put both Mr. Zaleski and Mr. Greeley on the committee. Mr. Cataldo said if the Chairman did not want to work with a committee of eight he should write the Planning Board and so advise it. Mr. Mabee said it is important to have a represen- tative from the Planning Board and suggested that it de- cide who that is to be. 55 Mr. Cataldo reported that Mr. Campbell, Chairman of i the Planning Board, said Mr. Zaleski was going to be on the committee regardless. Mr. Mabee said it is important that the Planning Board be represented and he sug ested that that Board make a choice. It was agreedt hat the Chairman discuss the subject with Mr. Campbell. Letter was received from Hideo Sasaki advising it will not be possible for him to serve on the Implementation Committee on Lexington Center due to the fact he will be out of the country for the next three months. He recom- mended that Walter Pierce serve in his stead. Implementa- Upon motion duly made and seconded, it was voted tion Comm. to appoint Mr. Walter S. Pierce to serve on the Implementation Committee on Lexington Center. Invitation was received from Leslie H. York, to attend a Board meeting of the TMMA to be held May 12, Tmma meetke 1966, 8:00 P.M. at the home of Alan G . Adams, 15 Somerset Road. Letter was received from the School Committee , dated April 15, 1966, inviting the Board to a meeting on II ppednesday, April 27, 1966 at 8:00 P.M. in the school Kinder- administration building to discuss the kindergarten issue. garten The Chairman read a letter from Nicholas Johnson, Maritime Administrator, U.S. Department of Commerce, Maritime relative to National Maritime Day, Monday, May 23, 1966. Day It was agreed to issue a statement in the Lexington Minute-man calling attention to the President' s Proclamation of National Maritime Day. Upon motion duly made and seconded, it was voted to grant permission to the Ad Hoc Committee to conduct a Use of panel discussion on Vietnam in Cary Memorial Hall on May hall 6, 1966 from 7:30 P.M. until 10:30 P.M. , subject to the established rules and regulations governing the use of the hall. Upon motion duly made and seconded, it was voted to grant permission to The Premiere Performance Company Use of to conduct a poetry workshop in Estabrook Hall on May 7, hall 1966 from 7:00 P.M. until 10:00 P.M. , subject to the established rules and regulations governing the use of the hall. Upon motion duly made and seconded, it was voted to grant permission to the Senior Citizens Club to con- Use of duct a meeting in the Conference Room, Cary Memorial room Building, on May 6, 1966 from 1:00 P.M. until L.:00 P.M. 5ar Upon motion duly made and seconded, it was voted to grant request, received from the Simon W. Robinson Lodge for permission to change the proposed route of March on June 5, 1966. Upon motion duly made and seconded, it was voted License to deny application for Taxi Driver License filed by denied William Ivarson, Jr. , 26 Cottage Street, Lexington. Upon motion duly made and seconded, it was voted to grant a Taxi Driver License to Ernest F. White, 81 Woburn Street, Lexington, satisfactory character reference having been received from the Chief of Police. Upon motion duly made and seconded, it was voted to sign street Orders on the following streets accepted by Streetvote of Town Meeting: Orders Butler Avenue from Carville Avenue to Baker Avenue Middleby Road from Lincoln Street to Outlook Drive Wright Street from Skyview Road to James Street Moreland Avenue from 205 feet, more or less westerly of Fern Street to 355 feet, more carless, westerly of Fern Street Laconia Street from Lowell Street a distance of 170 feet, more or less, westerly. 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, Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any parson. Following discussion relative to accounting matters it was voted to resume the open meeting. Mr. Richard M. Perry, af:plicant for position of Comptroller, met with the Board. The Chairman said Mr. Perry was still interested in the position and Mr. Perry replied in the affima- tive. The Chairman said the Board was disposed at this time to make a motion, he believed. Upon motion duly made and seconded, it was voted to appoint Mr. Perry to the position of Comptroller at t he rate of salary as discussed. The Chairman said according to the Act the term runs from April 1 for three years and., addressing Mr. Comptroller Perry, he said he was appointed to fill the unexpired appointed term that will end in 1969, which would be at the rate of $12,000, the details of the classification to be worked out. He said Mr. Perry could give his employer two weeks ' notice and asked when the Board could expect him. Mr. Perry said usually notices are two: weeks, starting on Monday. 57 Mr. Sheldon asked if he wanted to start to work May 16. Mr. Perry replied in the affirmative and said he wo#ld wait until This Friday before he gave notice which would give them two full weeks. Mr. Perry retired at 8:30 P.M. Messrs. Lewellen, Benoit, Maier, Selectmen of the Town of Bedford, and Mr. Burdick, Town Engineer of Bedford, met with the Board. Mr. Carroll had plans placed on the wall and said he thought the gentlemen from Bedford recognized the fact there is a problem that exists because the Town of Bedford is pumping sewage into the Town of Lexington. He stated the most important part of the 1953 agreement is that it limits the Town of Bedford to pumping 800 Bedford gallons a minute. He said at a meeting in December, sewer 1965 it was pointed out to the Bedford Board that Lexington thought the Town of Bedford was exceeding 800 gallons a minute. Subsequently Bedford installed a new meter at the Bedford-Lexington line. He said he pre- sumed it was obvious to the Bedford Selectmen that they were exceeding that particular flow. Mr. Carroll said he would not say this happens constantly but it has be- come, in really wet weather , something that happens every day. He explained the Bedford sewage is being delivered to, a 14" force main, picked up by a gravity sewer and delivered to the pumping station. It is then pumped over the hill to the beginning of the trunk capacity sewer then to the MDC. He stated that in rainy weather the pumping station cannot handle the flow from Lexington's lines and Bedford's lines. The sewage backs up in Lexington's lines and it overflows in the Tophet Swamp and eventually gets back into Bedford, raw sewage into the Shawsheen River. Mr. Carroll said Town Meeting was asked for $166,000 to conttruct a parallel force main to the existing force main. The Town Meeting has not been asked for, but it is planned in the future to request money to increase the actual pumps in the pumping station and it is felt that the Town of Bedford is doing the Town of Lexington an injustice because it is pumping more than 800 gallons a great deal of the time, and number two, because Bedford has exceeded the limits of the agreement which was made a few years ago in which it was outlined the limits where the Town of Bedford could construct its system. He said the map of the Town of Bedford showed the system and said the two parcels referred to in the 'MDC agreement were shown in yellow. The blue and red lines show the location of the Town of Bedford's sewer systffmm He said as far as he knew, at t his point, it was not a coincidence that the Town of Bedford's sewer system is outside the agreement lines it has with the MDC. 58 ar n what ggdfafe449 yaffn f Mr. Carroll had any figures on Mr. Carroll said he had some charts and read to the group that on February 15 Bedford was pumping 1,000 gallons 1 II a minute for half of the day; another day up to 1100 gallons; another day up to 1200 gallons. He said apparently Bedford has the same problem Lexington has, infiltration in the system. The sewage has to overflow some place in the Town of Lexington system and flows into Bedford as raw sewage. Mr. Cataldo said the Board had discussed this with the Bedford Board a year ago and Bedford was going to come up with some recommendations as to how to cope with this. Mr. Lewellen said he thought Bedford was going to listen to Lexington and asked if Mr. Carroll wast talking for the MDC. Mr. Carroll replied in the negative. Mr. Lewellen asked what the Board would like to say about the MDC and Bedford's agreement. Mr. Cataldo said the Board could not talk about the MDC but it could be concerned about Bedford extending over areas. He said Lexington has spent millions of dollars on the system and when the previous meeting adjourned, it was his understanding that Bedford was going to come up with some recommended gallonage figures, but nothing has been heard from them. He said the Lexington Board was not going to let this situation continue, and it is spending considerable money on the system. He said Bedford was fortunate to be able to connect in the beginning and should not abuse the privilege. He said Lexington would like to cooperate but was not going to let this continue as far as he was concerned. He said the Board would listen to what Bedford proposes to do. He said Bedford was going to supply Lexington with gallonage figures and it was left that Bedford would come up with a figure it thought would take care of it in the near future. Mr. Lewellen said if that was true it slipped his mind. Mr. Sheldon said the Boards have to live together and Bedford has to come up with a figure. Lexington can consider that figure and see w here it leads to . He said Bedford knows where its sewers are going tc go. It may want a five year, ten year or maybe fifteen year projection. Mr. Lewellen said this does not seem the practical way to do it. He said outflow goes in increments. Any reasonable increment is based on a pipe size and pump size. He said Bedford could choose a figure that would make Lexington put in a larger figure. Mr. Catildo said the Board could not take Mr. Carroll's time to figure this and he Ahought Bedford should live within the agreement. Mr. Lewellen said he was on the original committee and there was no limitation given t o the sewer Committee which became the Public works. They had no knowledge of any limitation being contemplated either to flow or area. Then included in the act was the specification that the Selectmen of Lexington and Bedford would negotiate the 5 contract. Then a limitation of under 800 gallons a minute showed up in the agreement which was never spoken of. He said one of the Selectmen would not sign it. He said he felt the Selectmen had the agreement for limitation but the Board of Public Works does not. He said he proposed that Bedford try to work out something and it is not trying to hold this up. He said he was willing to help solve Lexington's problem. He said the 800 gallons a minute was put in because Lexington had an 800 gallon pu ►p, and when Bedford protested it was said this was something temporary. He said he thought Hugh Dunstan and Mr. Burns said this. From the very first time the pump started, it went more than 800 gallons. It has done this every year since 1953 so it is nothing new. Mr. Cataldo said it is causing some severe problems. Mr. Lewellen said they are caused by Lexington' s own sewage because that is what has grown. He said Lexington got into the sewer business and he did not think it could get out. Any court will agree Lexington can 't stop anyone from getting sewer service once they get into it. Mr. Catlado said Lexington extended service to Bedford for 800 gallons a minute and that is right in the contract. Mr. Legro said he did not care which Boards in':the Town had anything to do with this . The Boards authorized to contract are the two Boards of Selectmen. There is a written agreement between the two Towns. The contract says a maximum rate of flow of 800 gallons a minute; it being always understood that was the ability of the Town of Lexington. This was the reason for the limitation and there is a limitation of 800 gallons a minute. He stated that is all Lexington contracted to take and all Bedford had the right to contribute. He said when Bedford violates that, it violates the contract. He said if they were going to determine whether an agreement is binding on the Town of Lexington or if Lexington can get out of the sew€.r business then he thought he had something to say. Mr. Lewellen said he proposed that Mr. Legro suggest to him what Lexington is ready to do . He said Bedford is not complaining about the situation. Mr. Cataldo said evidently Lexington has been taking more than it is required to take since 1953, and it wants to get this settled. He said Lexington is not going to spend money designing to solve Bedford's problem. He said at the time, it was left Bedford would give Lexington projected figures and Lexington would tell what it would cost to rework the system to take Bedford's gallonage. Mr. Sheldon said he did not see what objection Bedford has to projecting its own needs. He said this Board in effect was saying, how much of a problem is this going to create for Lexington. He asked if there was a I limitation that Mr. Carroll would accept. Mr. Carroll replied it would require a study which _ I 60 at would cost the Town of Lexington a lot of money. He said Lexington system of sewers in the future is going to have to have relief by parallel sewers and he did not know what the Town would need, but he could not set a limit because Bedford could exceed that limit in the future without knowing it. He said Bedford would have to make a study and find out what it wants. He said Lexington might be able to say it would take 3,000 if Bedford would pay for a relief sewer; one-half of it or three-fourth, what- ever the case may be. Mr. Cataldo said anything over the 800 gallons is too much right now, and Bedford will have to be prepared to pay for study, design and construction. He explained the reason Lexington is trying to get Bedford's figures is so it can design the force main. Mr. Burdick said Bedford has no problem from its side on the 800 gallons a minute and Mr. Carroll disagreed. Mr. Lewellen said they have to look at it this way. Is it cheaper for them to lay new mains to cut out infiltration or pay. The Chairman said according to the agreement the maximum rate of flow shall at no time exceed 800 gallons. Mr. Lewellen said it should not take much time to get the figures. Mr. Burdick said he would get on it right away and keep in touch with Mr. Carroll. It was agreed to meet with the Bedford Selectmen in Bedford on Wednesday, June 8. Mr. Cataldo suggested that it be left so Mr. Carroll and Mr. Burdick could get together and then decide on what night the two Boards would meet. The Bedford Selectmen and their engineer retired at 9:20 P.M. Upon motion duly made and seconded, it was voted Executive to go into Executive Session for the purpose of discussing, session deliberating, or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion with Mr. Carroll pertaining to sewers, department personnel, discussion with Mr. Legro pertaining to legal matters, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 10:08 P.M. A true record, Attest: j:// xecutive Clerk Selecmen