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HomeMy WebLinkAbout1978-07-17-BOS-min 292 SELECTMEN'S MEETING JULY 17, 1978 Jurors A regular meeting of the Baord of Selectmen was held in the Selectmen's Meeting Room on Monday, July 17, 1978, at 7 30 P M. Chairman Battin, Mr. Busa, Mrs Miley and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, the following jurors were drawn Nicholas A. Sorrentino, 15 Crescent _Hill Avenue; Roberta J Servente, 128 Lowell Street; Pauline Solomos, 48 Circle Road; Nora E Cataldo, 43 Rindge Avenue; Kathleen Jung, 70 Emerson Gardens; Jeanette M Abbruzzi, 526 Marrett Road; Judith K. Sherman, 62 Buckman Dirve; Robert Gennaro, 108 Winter Street. Conduit Chairman Battin opened a hearing on the Boston Edison petition to Bos Edsn install 5 feet of conduit on Worthen Road southwesterly of Bedford St Worthen Rd. Notices of the hearing were sent to the abutters and filed with the Public Works Department Ms Carol Clinton, representative of the Boston Edison Company, requested approval of the petition which would provide service for the addition to Grace Chapel Chairman Battin read a recommendation from the Driector of Public Works that permission be granted. No one appearing in favor or in opposition, the hearing was de- clared closed. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the installation of conduit at the fol- lowing location Worthen Road, northwesterly approximately 1,680 feet southwest of Bedford Street, a distance of about 5 feet of conduit Poles Chairman Battin opened a hearing on the Boston Edision petition to Bos Edsn install three poles on Hayden Avenue west of Waltham Street, with a guy Hayden Ave wire and anchor on the third pole Notices of the hearing were sent to the abutters and filed with the Public Works Department Ms Carol Clinton, representative of the Boston Edison Company, requested approval of the location of the three poles to provide service for the Hayden Office Trust An additional petition has been submitted for the installation of a fourth pole in this area and ar- rangements are being made for a hearing to be held at the next meeting of the Selectmen Chairman Battin read a recommendation from the Diaector of Public Works that permission be granted for the three poles No one appearing in favor or in opposition, the hearing was declared closed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edision Company for the installation of three poles in the ' following location LAYS Selectmen's Meeting - 2 - July 17, 1978 Hayden Avenue, northerly side, approximately 625 feet west of Waltham Street, three (3) poles - guy wire and anchor on third pole; Also, that permission be and hereby is granted to said company to lay and maintain underground laterals, cables and wires in the above or inter- secting public ways for the purpose of making connections with such poles and buildings as desired for distributing purposes The Transportation Advisory Committee met with the Board to discuss Trans.Adv the MBTA intra-town bus proposal Mrs Joyce Hals, Chairman, introduced Com /MBTA Mrs Sally Castleman to present the information compiled by the committee Intra-town Mrs Castleman recommended that the Selectmen submit a letter of sup- Buses port for the proposal that the committee has been working on since the last meeting with the Board, and which must be submitted to the MBTA by August 30, 1978 The bus system would provide reasonably priced, con- venient transportation service for all Lexington residents, especially the young and elderly; more students could participate in after school activ- ities without imposing on their parents, and the elderly could get around Town without feeling dependent on family or friends There would be four buses with fixed routes, eight would meet in the Center on the half hour and the hour; service would be during the hours of 7 30 A.M. to 6 00 P.M during the week, with shorter hours on Saturday An application is to be made for a grant, and the total gross cost is estimated at $140,000 with $40,000 to be collected in fares and the MBTA would subsidize the rest at a rate of 50 percent The Town would be asked for an appropriation of $50,000 which would be matched by the MBTA If the MBTA accepts the pro- posal, then Town Meeting would be asked for approval of the $50,000 appro- priation The current MBTA assessment to the Town is unrelated. to this proposal If Lexington is selected, the money could be used to have a private bus system within the Town Chairman Battin asked if the Town would have to guarantee to put up the $50,000 if Lexington's proposal were to be accepted A member of the com- mittee replied that the MBTA understands (the procedure needs to have Town Meeting approval) as there are a number of Towns submitting proposals Questions were raised on the costs to the Town if Town departments are in- volved and, also, on the experiences of other committees The Board was informed that a half-time person would be hired to supervise the operation and it was proposed to "contract out" to provide buses and drivers An MBTA report on Needham, Natick and Bedford's experiences could be made available to the Selectmen The Board agreed that the Transportation Advisory Committee is to come back on August 14 with a draft of a letter to the MBTA to be signed by the Board of Selectmen in support of the intra-town bus proposal In the interim, Mr Crain was designated as the Board's representative to work with the Com- mittee Mr Benjamin Goodman, President of Metropolitan Coach, met with the Express Board for an updated report on the express bus service He said that Bus they are thinking about putting on one more run in the evening The oper- ation hours have been excellent and the ridership should increase, espec- ially if there is more publicity He recommended that the Board issue a new license to the Vocell Bus Company, one of the subsidiaries of the Metropolitan Coach 294 Selectmen's Meeting - 3 - July 17, 1978 Express BusUpon motion dulymade and seconded, it was voted to sign the Common P Publicity Carrier license to the Vocell Bus Company, Mooney Street, Cambridge for services to be provided as part of express bus service between Lexington and Boston between the hours of 6 00 A.M. to 9 00 A.M and 4 00 P.M to 6 00 P.M along routes mutually agreed to with the Town Manager's Office; license expiring December 31, 1978 Lease Parking- Discussion was held on publicizing the express bus service and it was Behind voted to include publicity on the schedule of express bus service in the Woolworth's next mailing of tax bills to homeowners of the Town Mr Goodman and the Transportation Advisory Committee retired from the meeting The Board agreed to accept Mr. Cohen's recommendation to sign a lease for parking land Upon motion duly made and seconded, it was voted to sign the lease with Real Estate Investment Trust of America for the parking area behind Woolworth's at $1.00 per year for the next five years Traffic Chairman Battin read a report from the Traffic Safety Committee Harrington stating that in response to concerns of the Harrington P T.A. Committee School regarding the safety of school children at Harrington School crossings, Crossings the matter was referred to the State Highway Engineer for review of the existing 40 MPH speed limit on Maple and Lowell Streets A letter has been received from Mr. Mistretta, District Highway Engineer, in- dicating that the existing 40 MPH speed limits are warranted and con- cluded that no change be made; the Traffic Safety Committee concurs with this finding and wished to reassure the Board and the Harrington P T.A that the presence of a crossing guard at those school locations is the ultimate in protection Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee that no change be made in the 40 MPH speed limits on Maple Street and Lowell Street in the vicinity of the Harrington School Upon motion duly made and seconded, it was voted to approve the following Bond Bond in the amount of $2,000 for Barbara S Smith, Assistant Town Clerk. Recreation Family picnic at Center Field on Sunday July 23, from 4 00 to 8 00 Picnic P M with folk dancing Ambulance Abatement of ambulance bill in the amount of $15 00 for David Rich Bill Pelham Road, who is receiving Veterans' Benefits Com. Vict Common Victualler license for Antonio Mendes Gaspar d b a Christo's Minutes Selectmen's Meeting minutes of July 3, 1978 29Z) Selectmen's Meeting - 4 - July 17, 1978 Mr Hutchinson discussed the renewal of the Lodging House license for Wild Acre the Wild Acre Inn and recommended that the license be extended for forty- Lodging five days with the full understanding that if the conditions outlined by House the Public Works Department and the Board of Health are not complied with, the permit would be revoked. The Town has waited too long for Dr Yudowitz to resolve the sewer problem and, therefore, it is essential that he com- ply with all requirements during the forty-five day period. Upon motion duly made and seconded, it was voted to renew the Lodging House license for the Wild Acre Inn, 50 Percy Road, for a forty-five day period ending September 1, 1978, subject to compliance with the require- ments of the Public Works Department and the Board of Health Mr Busa discussed the hearing held on July 13 on the written complaint Vlajinac/ of Mrs Radmila Vlajinac, 33 Sherburne Road, that a Doberman-type dog, Bateman Tripper, owned by Ms. Pamela Bateman, 197 Waltham Street, Lexington is a Dog nuisance by reason of vicious disposition Mrs. Bateman did not appear at the hearing Ms Vlajinac testified that the dog comes into her yaad at all hours, sometimes with other dogs and this results in dog fights On May 31, the dog was in her yard, jumped on her and knocked her down, and showed viciousness The police have been called and, after talking with the owner, reported to her that Ms Bateman was uncooperative about adhering to the leash law Mr Littleton, Animal Control Officer, testified that the dog was unfriendly and anyone who tried to remove the dog or capture him had to contend with his growling and snapping He felt that the dog was dangerous Mr Busa recommended that the dog be removed from the Town within fifteen days. Upon motion duly made and seconded, it was voted that the dog, Tripper, owned by Ms Pamela Bateman, 197 Waltham Street, is a nuisance by reason of vicious disposition and violation of the leash law, and the owner is to be notified that, by order of the Board of Selectmen, the dog is to be removed from the Town of Lexington within fifteen days of the receipt of the order. The Board approved Mr Hutchinson's recommendations for appointments Manager's Upon motion duly made and seconded, it waas voted to appoint Mr Robert Appts Eby a member of the Recreation Committee to fill the vacancy created by the resignation of Mr Daniel Busa Upon motion duly made and seconded, it was voted to appoint Mr. John Orcutt, 41 Lincoln Street; Mrs Elizabeth W Reinhardt, 10 Eliot Road; Mrs Anne Grady, 10 Trotting Hourse Drive, as members of the Historical Commission Also, to reappoint Mr William Potter a member of the Bd of Assessors Mr. Hutchinson recommended that the Board approve the request received Gompers- from Mr David E Gompers that Kiln Brook Office Park, situated on Hartwell Flood Map Avenue, be removed from the Flood Boundary Flood Way Map of the Town of Lexington The Federal Insurance Administration has reviewed the map as it pertains to Kiln Brook west of Hartwell Avenue and this review, to- ll' gether with information provided by the Joseph W Moore Company, Engineer for Mr Gompers, has determined that the Kiln Brook Office Park does not lie within the regulatory floodway based on minimum criteria for flood plain management regulations as established by FIA Mr Hutchinson added that this proposal has already been reviewed by Conservation, Planning Board, and the Board of Appeals Selectmen's Meeting - 5 - July 17, 1978 Upon motion duly made and seconded, it was voted to authorize the Town Manager to write a letter to the Federal Insurance Administrator to amend the regulatory Flood Boundary Map of the Town of Lexington by removing the proposed Kiln Brook Office Park from the map Audit Mr Hutchinson reported to the Board in response to the recommen- Recommenda- dations contained in the Arthur Anderson audit report Mr Perry, tions Comptroller, was present Mr Hutchinson said that suggestions were made about developing an integrated system plan which involves a rather comprehensive effort by the Town It is a worthwhile proposal but we are not administratively Integrated geared to do something of a comprehensive nature at this time However, Systems we have contracted with Arthur Anderson to work with the Town Manager Plan and a citizens' committee and the appropriate accounting people to study not only some of the items we would like to address but specifi- cally the integration of the school computer in the Town facilities, and this would be one of the major thrusts of that study They are also going to work with the Comptroller's office and the Town Manager on the Internal establishment of a full encumbrance system; most of that work will be Reporting done by Dick Perry but we feel their experience will help us as well in addressing this area We would have that study completed by January, or, sooner, and we will address some of the questions which may arise Fixed Asset Fixed Asset Accounting Detailed records do exist for insurance pur- Accounting poses of all fixed assets of the Town We do not have prepared a detailed property record system and do not give this high priority Cash Cash Receipts Cash is deposited on a timely basis, normally daily Receipts The Town Manager is requesting that the Treasurer summarize accommodation accounts being maintained in various banks with minimum balances We maintain accounts at banks who submit bids on our notes and bonds We do not need a check protector as other security measures are in effect The Treasurer's bank balance reconciliations are now certified by the Comptroller on a quarterly basis to the Bureau of Accounts As recom- mended, the detail redonciliation will be reviewed by a representative of the Comptroller's office on a monthly basis starting September 1 Legally, we cannot integrate Library Trustee accounts Dual signatures will be instituted after a review of the minimum with the Treasurer Purchasing Purchasing• Encumbrance accounting should resolve problems referenced in the auditor's report Our invoice procedures will be reviewed as part of this system Accounting Accounting Records Presently, the Bureau of Accounts is schooling its Records personnel, using the C P.A 's in generally accepted accounting methods It is understood that the State Accounting Manual is being re-written, and instruction classes will be held some time this winter for all municipal accounting personnel The target changeover date of the State system is July 1, 1979 Balances are carried over from one fiscal year to another only when evidence is furnished that the project is incomplete and that financial activity is still eminent 297 Selectmen's Meeting - 6 - July 17, 1978 III Miscellaneous Balancesare carried over when activity remains open in Miscellaneous the account The revolving funds referenced must legally remain open as there is still work to be done in those areas Maintenance of all Town-owned vehicles by D P W is under review We do provide support services to ohter departments through D P W Water Department We are investigating utilizing our new terminal for Water Dept water department billing after we get our tax collection operation squared away We do not believe that we should charge for the meters since they are the property of the Town and it is the Town's responsibility to main- tain them Pension Cost Accounting A start towards funding was instituted in Pension the 1978-79 budget with $100,000 and we plan to build on that start in Fund future years Internal Control The installation of the terminal in the Collector/ Internal Treasurer office will provide us the tools to perform more seasonable Control reconciliation of outstanding accounts Assessors' Records As part of the revaluation, these records should Assessors' be placed in a microfiche system. We have investigated Arthur Anderson's suggestion on Personal Property taxes and found no useful information available The abatement and collection receipt records will be revamped in the new system and the real estate tax collection follow-up is being set up by Town Counsel IIIPayroll- Change procedures and revised forms will be printed Payroll Trust Fund Accounting The records of the Trustees of Public Trusts have been set up on an anticipated income basis and records are now on a comparable fiscal year with the Town Mr Hutchinson added that we are working on a number of other items and we feel these are major steps being taken in the right direction, and we found the audit a good management tool Mr Crain commented that, with this input, he would review his notes from the original audit data and at the next meeting with the Board could have a meaningful discussion in further detail The Board agreed Mr Hutchinson informed the Board that the bleachers at the High School High School have been condemned as they are in need of repair and/or replacement Bleachers Quotations are now being received and a decision will be brought to the Board on costs Mrs Miley asked if it would be feasible for the Vocational High School to be involved as they are going to build their own addition to the school? Other Vocational Schools build houses and perhaps this would be an economy and would be a practical experience for some of the young people Mr Hutchinson replied that it might be possible but most of our money is going into lumber costs Serious consideration is being given to just repairing the bleachers Chairman Battin, asked that he also check with the Lexington High School Woodworking on the possibility of helping and Mr Hutchinson agreed to do so III He also added that this should be a joint venture with the School Department as the bleachers will be there primarily for their use but are a maintenance responsibility of the Town t�98 Selectmen's Meeting - 7 - July 17, 1978 Affirmative Mr Hutchinson asked the Board to sign the Affirmative Action Plan Action of the Town, as adopted by the Board on June 5, 1978 Policy Upon motion duly made and seconded, it was voted to sign the Affirmative Action Plan of the Town of Lexington Mr Hutchinson advised the Board that he had met with representatives of the Post Office today and they are hoping to look at how their employees park their vehicles so that their employees might utilize their own parking lot more, rather than congesting the streets It had also been suggested that we look at stronger posting in certain areas of Grant Street and along Mass. Avenue to discourage them from parking in those areas Pinball - Mr Hutchinson recommended that the Board deny the request for a permit Elks Club for a pinball machine at the Elks Club The Police Department recommends that the permit not be issued, and Mr Hutchinson understood that this re- quest was generated without the approval of the Elks Board of Trustees. Upon motion duly made and seconded, it was voted to deny the request of Mr Alan R Levy, 173 Bonad Road, Brookline, for a permit to install a cocktail table coin operated pingame at the Elks Club, 959 Waltham Street. Center Mr Hutchinson informed the Board that it is planned to go forward with Playground maintenance of the soccer field at the Center Playground He felt that the Soccer Fld Lions Club could be accommodated next year but details on the carnival would have to be worked out He assured the Board that the concerns which they had expressed at the last meeting should now be alleviated Mr Hutchinson asked for the direction of the Board regarding calls being made to his office from concerned people about lots to be used for scattered sites He recommended that he work with Mr Temple Scanlon, Housing Director, to coordinate an information meeting, on an adminis- trative basis, to educate the people as to what lots have been submitted to HUD, with the understanding that it is not known at this time which lots HUD will approve Chairman Battin was in favor of the meeting as there have been many calls to Board members and the Selectmen's office also Mrs Mary Shunney, Chairman of the Housing Authority, was in favor of the meeting The Housing Authority Attorney has put together a description and other pertinent information on the lots on the list. The Board agreed that the Town Manager, working with Mr Scanlon, is to make arrangements for an administrative informational meeting to be held soon for a discussion with concerned citizens regarding the list of lots for scattered sites housing in Lexington Sewer The Board discussed the Sewer Moratorium. Moratorium Chairman Battin said that this is a hard choice for the Board of Select- men We asked the Town Manager to review the moratorium and its effects very carefully and, a month ago, every member of the Board was prepared to lift the moratorium. However, during the debate that went on with other boards, the question was raised of a limited moratorium - just lifting it in part. The one that the Board was most likely to look at and thought- fully reject or accept if necessary would be a geographical limitation 299 Selectmen':s Meeting - 8 - July 17, 1978 if it proved the impact of new connections is greater if closer to the trouble than farther away The majority of the Board feels that they would have difficulty with a limited moratorium. Almost the entire Board now feels that there would be difficulty with a limited moratorium which exempted certain categories of persons, such as single families as opposed to developers We decided to wait a month until this date to make up our minds, and directed Mr Kent to meet with members of other concerned boards to review what might be done in terms of a limited moratorium and answer some questions which were generated at that meeting There was a meeting on that Saturday with Mr Kent, Mr Zabin of the Planning Board, Dr Frick (who had raised some questions at our meeting) , the Town Manager, and there was input from both the Conservation Commission and the Board of Health The questions were written out and sent to the appropriate persons for answers; we did send the whole matter to our Sewer Advisory Committee, who does advise the Board of Selectmen on sewer matters Mrs Battin asked Mr Hutchinson to discuss remedial actions which he proposes to take and then comment on the questions and answers Mr Hutchinson said that the Hayes Lane relief sewer, which we feel should have the greatest impact especially in the Saddle Club area, will be put in in August; we are going through the engineering plans now and it will be in place before the rainy season. In response to our notice in the water bills, five people have come forward on a voluntary basis to work with us on disconnecting their sump pumps He had spoken to the Building Commissioner and the Health Director about coordinating the enforcement of this starting this month re- lating to those people who are illegally connected to the Sewer system Com- plaints to them, subject to a procedure devised by Town Counsel, should be sent within the next few months. We are further going forward with out Inflow/ Infiltration study, Phase 2, and the experience of other canities has been that there could be a dramatic relief of inflow problems as the study is in progress With a combination of these efforts, we feel there should be solutions to these problems The moratorium has given us a chance to assess the methods we might utilize but we have no guarantee that without fail these measures will work through the winter months, but they are the types of corrective measures that should be in place rather than the moratorium itself They are based primarily upon finding illegal connections, finding a storm sewer system that might have been put in years ago tied into the sanitary sewer system, and they would be corrected on the spot. Questions that have been generated have been forwarded to the Board but they overlap those generated by Mrs. Kent and Mr Zabin, so answers are generally in place and have given us additional bases for any decision that the Board is considering Imposing a limited moratorium would be of no value or impact; it is not an acceptable approach because it won't control the problem. Mr George McCormack, Sewer Advisory Committee, said that the committee met on July 11 and decided that the effectiveness of the existing sewer moratorium cannot be evaluated; the committee felt that the moratorium alone would not alleviate the existing problem and unanimously voted to recommend that the moratorium be rescinded Soo Selectmen's Meeting - 9 - July 17, 1978 Chairman Battin said that we have had letters from the Planning Board and the Board of Health recommending that the moratorium be continued, but they were written prior to the time that answers to questions were received. Mr Hutchinson said that the Board of Health does not have answers to questions so they can't comment Mr Zabin, Planning Board Chairman, said that his Board had not caucused but he would reiterate points The Planning Board suggested that if the.mora- torium were lifted that it be lifted on the basis that as new sewer connec- tions added effluent to the system, sources of inflow/infiltration be re- moved and suggested that it be done on a basis that would mean positive, concrete measures resolving the problem and reducing it on a 1 to 1 basis In general, the answers to the various questions that were referred to really support the necessity to take that approach but Mr Cohen was doubtful about the legality There are two components to the problem, (a) sewers and (b) water Anything you add to an already overburdened system is going to make the problem worse The data supplied doesn't answer the question The second assumption as far as removal of the moratorium is that new sewer connections would be made over a period of time; positive measures could be taken to relieve the problem in view of the fact that he understood the developers' feelings and conservation would probably support it (Mr Zabin) One of the points made to him which he thought worth considering is that the basic assumption for hiring Whitman and Howard is that a very substantial amount of the problem is caused by inflow; that may be right, and if it is and it is due to illegal connections, then the wetland problem in the town had been far worse over the years than the strongest advocate of wetlands zoning ever imagined it to be Looking at what water in the basement means realistically in quantitative terms, there are an incredible number of houses that are draining their basements, into the sewers; that may be so; he also doubted that a significant contribution to the problem is due to improper connections from storm drains into the sewer system; that may be so but we can speculate If the sewer assumptions turn out to be wrong than quite obviously the major culprit is infiltration, and that indicates that much of the system is deteriorating probably because it has been built in wetlands The ground is sinking under the pipes and cracking and the water table is raised. The financial implications of dealing with this problem are imme- diately obvious; what it really needs is reconstruction of a substantial portion of the sewer system If all this is so and then the Board decides to remove the moratorium, you should remove it with the very clear under- standing and intention of reimposing it very quickly if it turns out that the hopeful assumptions are incorrect To remove it with any idea of finality would be very dangerous and something that we might regret Chairman Battin said that the Planning Board had suggested a limited moratorium and to adopt a system that for every 2 gallons of inflow/in- filtration removed from the system that the Board should permit a maximum of 1 additional gallon sewage for a new connection The decision as to how you would do this would be by setting up a priority of new connections and adopt a list of relevant criteria; this could be subject to bias both in the development of objective criteria and then in the application and there would be legal questions as to how we do this Questions were raised by Mr Cohen and Mr Kent and she felt that the Board would be very 301 Selectmen's Meeting - 10 - July 17,1978 uncomfortable with such a system and therefore would not be prepared to follow this recommendation; however, the Board appreciated the thought behind it Mr. Hutchinson said that we do feel our problems are substantially due to illegal pumping, roof leader connections and possible drain connections Mr. Martin, Assistant Town Engineer, said that they met with the sub-con- tractor of Whitman and Howard who is the engineer on the job and they are begin- ning to develop some of the hard data that will become part of the final report and the findings that are presented this evening tend to substantiate the opinions put forth in our memo of June 28 We should point out that the problem is definitely one of inflow; if we didn't have infiltration there would be room for the inflow. We should all be aware that the way the study is set up is a little unusual in that of the 14 mini-systems that are being studied, two of them are in the contract for advance work In other words, we will be doing phase 2 through a system evaluating survey on mini-systems in the downtown area and the Sherburne Road/Kendall Road area, which are known problem areas On the conclusions that the subcontractor reached on the basis of the study, we know there is an excess of 2 million gallons generated from those two mini-sytems The final report will be available in a month, done on a line-by-line survey We know where we are having problems and it is a matter of going into those sections and isolating them. This is work that can be done almost immediately by contract The one danger in doing it is the possibility of losing state and federal aid on the project but those are the areas directly tributary to the Saddle Club area and correction of the problems in the two areas would be in excess of 2 million gallons, which would go a long way to substantially resolving many of our problems Mr.Hutchinson recommended that the moratorium be lifted. Chairman Battin to Mr Zabin The Board knows we have a serious problem and if we vote to lift the moratorium, we are going to continuously review the cor- rective measures we institute as well as the assumptions we have made, and look at future suggested solutions and we will then increase or reinstitute measures as it appears necessary We are not just going to do something and go away and leave it Mr Ron Sahatjian, Saddle Club Road, said that he is confused as to what is the basis of the Sewer Advisory report We haven't gone into the flood season yet. Dr.Nill, Sewer Advisory Committee, said that we were unable to decide, to conclude that there was any benefit of the moratorium He was a strong sup- porter of some very strong action by the Board of Selectmen and the DPW to solve your (Saddle Club) problems; everyone is concerned about the problems in the area but the real problem is inflow If we say to leave the moratorium on, you would be somewhat happier, in fact we probably all would be Everybody is concerned abour sewage and saying that we have the moratorium on, so the problem is solved The fact of the matter is the moratorium probably doesn't make a bit of difference and if we all went away and said that we have done something for the poor Saddle Club Road, we would all be mistaken We have to have answers to the inflow problem so your basements are going to be dry He would do anything to get the problem resolved so don't delude yourselves in thinking the moratorium is going to help you at all Saddle Club resident, Mr Sahatjian said that only five sump pumps were found If that was going to help, how do we know that the number of sewer connections between now and next winter aren't going to overcome those sump pumps? Dr Nill replied that if strong actions are taken, presumably we can eliminate some of these sump pump connections and it takes a very few sump pump connections 30Z Selectmen's Meeting - 11 - July 17, 1978 to be removed to make up the difference for all the things that are going to be put on - all the Ridge Estates and all the building out on Hartwell Avenue; they don't put much water into the system compared to sump pumps, which are a tremendous burden on the system, and if we have to recognize that as the premise we advance on, the moratorium isn't going to buy us much, and we all recognize that Having it or not having it doesn't make that much difference. Chairman Battin said that this is a concern shared by the Selectmen- the Saddle Club area has a serious problem that the moratorium doesn't address and we have to do something right away; the Hayes Lane relief sewer, removing illegal connections and taking care of sump pumps, and, as Dr Hill said, we are doing something If we keep the moratorium on, it is not addressing it. Mr Hutchinson said that we will provide separate information to the Saddle Club residents and of all the actions we are taking in the sequence of events As one who recommended the moratorium initially, it did give us some time to look at the problem. Dr Ni].]. has said that it is not going to solve the problem you have Mr Sahatjian said that it doesn't leave me with a good feeling that it is going to stop the manhole covers from rising Dr Hill agreed and advised him to be a strong advocate of other action to get the dump pumps taken off, by more publicity by way of legal action, which is available to us, and that's where his energies ought to be. The moratorium does so little when you weigh it against other considerations of the Selectmen, namely the people who want to build, etc ; this doesn't have much force Mr Charles Code, Sewer Advisory Committee, said that the committee did not recommedd lifting the moratorium; what we said was we were unable to make a recommendation regarding the extension as its further effectiveness cannot be evaluated. We did not recommend lifting it As an engineer, he would further comment that the moratorium, by itself, doesn't solve anything; in fact it may serve to make people think that the problem has been solved, and we should make it clear that is not the case Something must be done or we are going to have a repeat of the problem In his mind, the only thing the moratorium does is to keep the problem in focus and keep everyone aware of it As far as inflow/ infiltration go, he would have to believe the figures as he had no other informa- tion but, for one thing, infiltration will continue to get worse if it is not corrected In other words, if we have a deteriorating sewer system, which seems a good probability at least in some areas, that's not going to add less flow to our sanitary sewer system unless we do something to correct the infiltration Five or ten people have called up and asked naively what are we going to do about our connections, and there are a lot more of them, probably in the thou- sands, and this is something that must be corrected There is an additional problem of public information as people don't know that if they have a storm drain in their streets they can pump that clean water into it and they shouldn't put it into the sewer as it was not designed to handle it; they do it because it is the most convenient He thought that the Hayes Lane by-pass should be expedited as much as possible but he wondered how much help it will actually be. In his opinion, the moratorium at this point is not doing us any good and we can't say it is doing us any harm, except that other things must be done. You have to get on with the by-pass and any other engineering solutions to the problem 303 Selectmen's Meeting - 12 - July 17, 1978 Mrs Elaine Dratch said that it has been mentioned that the connections of homes in Ridge 2 would not have a significant effect but it must be remembered that Ridge 2 and any other new developments that are built are on some of the remaining wetlands of the Town Most of the properties that will be used will be in maybe not officially wetlands but in land with a high water table, and that will influence people to hook up not only their waste water but their sump pump water when they discover their basements wet; so we are not just talking about hooking into the sewer systems but those illegally from their homes. Dr Frick had said that when the moratorium was lifted, immediately there will be about 350 applications for new building permits and, once they are given, that will be officially it and the building on them will probably be for several years Mr Dratch suggested that something be put in the mora- torium saying that when the building permit is given and if no actual building has been done on that piece of land, you could reimpose the moratorium on those pieces of land and those building permits that have not been acted upon Mr Cohen said that the permits are only good for six months and then expire Mr. Buse said that the Ridge Estates would probably be the best constructed according to the water table because, under Ridge 2, they have to build 4 feet above the high water table, so it would be impossible to have water in basements if they are 4 feet above the water table Mr Crain said that he had reviewed the records and within them was an in- dication that it was felt that to add substantial volumes of sewage to existing problems at this time might further aggravate and the moratorium clearly last November was instituted to buy some time to find out the implications of putting on the moratorium which, as he understood it, obviously did not alleviate the problem. He had also heard from several people that it has not helped solve the problem. Someone said tonight that it hasn't done any harm and, as his respon- sibilities encompass everything in this Town, he believed it is very clear that it has done some harm. It is very clear that it is oppresive to people who own land in the Town, some of whom are people who would find moving into Town econom- ically a very marginal opportunity and with inflation on building rates if the moratorium continues, and what has already happened to them is that real harm has been done Since it isn't proven that the moratorium has had a positive impact, we could be accused of being a party to officially allowing homes pre- sently connected to sewers to increase in value He felt there are some harmful aspects of the moratorium, and the Selectmen, with their responsibilities have to consider everything that is available to them Therefore, he finds himself in a position where he cannot support the moratorium as he can find nothing to prove it has alleviated and he believes it is clear that it has done some harm Dr Cosgrove, Chairman, Board of Health, said that his board had verbally expressed and had written to the Selectmen regarding their feelings on the mora- torium. Dr Erdos has covered their feelings on the matter pretty thoroughly, and he asked that he be recognized Dr Erdos said that, as the Board of Health, they are concerned about safety, health and wellbeing of all citizens and with the surcharge in the last few years being a major problem with raw sewage in homes and pumping into streams, they are greatly concerned They initially supported the moratorium and supported the con- tingency plan which was established, and strongly supported positive action of the 3-phase study which was to lead to the solution of all the problems, utilizing 304 Selectmen's Meeting - 13 - July 17, 1978 federal funds for the 3-phase study To date, we have seen no tangible progress and we felt very strongly about the direction the Town might take and approve the appointment of the Sewer Advisory Committee and we realize full well that the emergency contingency plan did nothing except to continue to ruin the environment and increase the danger of raw sewage. He mas glad to hear that remedial steps will be taken and the Hayes Lane by-pass will begin next month but he was not sure of the results Regarding the moratorium itself, we have been assured on a number of occasions that this would have little or no effect on the system, and the verbal assur- ances heard tonight are not backedup by any hard data, and he would like an engineering study We certainly are aware that the moratorium is only a small bandaid on a gaping wound. This moratorium, however we can argue differently, served the purpose and until strict date proves otherwise, he could consider the moratorium at least about as effective as a thumb in the dike until we get the real measurement of rain, and perhaps more importantly, rather than indicating that nothing would be done, keeping the moratorium in the public eye the Board of Health feels is very important To discontinue it may give many people a very false sense of security Many people had asked him, not just those at Saddle Club, if things are better now, can the moratorium be lifted? He would have to say that things are not better now and we can tolerate some reasonable calculations that the same unfortunate situations will not be repeated next fall. In all good conscience, he and the Board of Health cannot really recommedd lifting the moratorium. Mr Busa moved, and Mr. Crain seconded the motion, that the sewer moratorium be lifted. Mrs. Miley said that she had listened for several weeks and months to opinions, and she had looked at independent opinions besides the boards etc in the Town, and she felt that the moratorium should be lifted now She realized that there are many concerns of the Town and we should be vigilant and should take steps immediately to see if we can't correct the situation. Enough people have be n heard from tonight, plus all the others heard from in the past, that we can do something to change the system and correct it, and if the moratorium is there only to keep it before our eyes, we ought to be able to do better than that Therefore, she would go along and vote to lift the moratorium. Sewer No one else in the audience wished to comment. Moratorium Upon motion duly made and seconded, it was voted unanimously to lift the Vote sewer moratorium. Mr Hutchinson reminded the Board of the Nation League of Cities and Towns conference in Boston on July 20 and 21 Chairman Battin is to attend and she urged other Board members to make an effort to be there. Parker Mr. Hutchinson informed the Board that Ed Co is occupying 5,500 sq.ft. School of the Parker School and will also be utilizing another 2,000 sq ft. Parker Mrs. Miley, Chairman and Mrs. Wheaton of the School Sites Conversion School Committee, discussed the Parker School The committee had met on July 13 SSCC and recommended that the newspaper ad use "3 acres, more or less" of land involved rather than 6 7 acres in the entire package. 43O Selectmen's Meeting - 14 - July 17, 1979 Chairman Battin said that she would not be in favor of selling recreation land and,furthermore, the neighborhood looks upon it as park land It was the sense of the Board not to dispose of recreation land,and therefore, 3 acres, more or less, of land would be involved in the sale of the Parker School Chairman Battin requested that the Board discuss a questionnaire MSA Annual from the Mass Selectmen's Association on preferences for subjects Meeting to be covered in workshops at the MSA Annual Meeting on October 20-21 The Board agreed on the following workshops Human Services, Tax Limitation Proposals, How to Lobby the Legislature, Solid Waste Dis- posal, Budgeting, Collective Bargaining and Binding Arbitration, Im- proving Financial Management, and Municipal Tort Liability Upon motion duly made and seconded, it was voted 4-0 by roll call Executive vote to go into Executive Session for the purpose of discussing strategy Session with respect to litigation and one matter of personal reputation, with no intention of resuming the open session After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 00 P.M U A true record, Attest ( Executive Clerk, Selectmen J