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HomeMy WebLinkAbout1972-10-02-BOS-min 502 SELECTMEN'S MEETING October 2, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Monday evening, October 2, 1972, at 7 30 p.m. Chairman Kenney, Mrs. Riff in, and Mr. Brown; Mr Cohen, Town Counsel; Mr. O'Connell , Town Manager, Mr. McSweeney, Director of Public Works; Mrs McCurdy, Executive Clerk, were present. Special Town Counsel Legro was present and the Board members Town expressed their most sincere thanks to him for his ten years Counsel of service as Counsel for the Town of Lexington. Mr. Legro is to continue as Special Counsel for a few months. Town Counsel Norman P. Cohen was present at his first meeting with the Board following his appointment which became effective on October 1, 1972 At the request of the Town Clerk, four Jurors were drawn as Jurors follows John N. Langstaff 9 Burlington Street Frank J. Sager III Emerson Gardens Bernard Bernstein 132 Worthen Road Carl B Drevitson, Jr. 9 Volunteer Way Mr. DiGiovanni , General Superintendent of the Mystic Valley Gas Company, met with the Board Chairman Kenney The Board held an informal hearing regarding Gas Mains your company' s petitions to install gas mains in Lowell Street and' Lowell St Webb Street Selectman Brown and the abutters had questions con- Webb St cerning the safety hazards which were involved and the requests were tabled at that time Mr. Brown I had questions about the safety and the kind of problems that people worry about It would be interesting to hear what the Gas Company has to say. The worry seems to focus on when the Gas Company hits something, I would like to hear a general statement about gas in streets Mr. DiGiovanni As far as the line itself going in, it is a steel line with pipe lengths of approximately 40 feet, Joined to- gether by a welding process; the Weld is stronger than the steel pipe At the time of installation, it is inspected by the Gas In- spector and the codes are adhered to according to the codes of Massachusetts adopted in August, 1971 As far as the line itself, some have safety aspects relative to it; the line itself is pro- tected against corrosion by magnesium anodes and is coated with a polyethylene material which does not corrode. The joints are coated with the material and taped. When through with the line, it is isolated from the ground. At the completion of the installation, 503 III/ the line is tested to 100 pounds per square inch of pressure so if there are any leaks at that time we would know it We make sure the line is solid and can withstand pressure and can operate in the vicinity of 35 to 40 pounds of pressure It will have a box at the beginning and the end of the line so that wires are attached to the box. We are required by law to take annual readings so that we can know that no corrosion has taken place. During the course of the year, we run extensive tests by a unit which travels through all streets to see if any readings of gas are present. If you go over it with a lighted cigarette or a match, the machine will ring off They do Lexington twice a year. We also have an outside outfit which comes into Lexington and other towns for additional inspections throughout the year to make everything safe. As far as damage by contractors, there is a State law that came into being in 1963 that anytime there is any excavation in a street, they are obligated to contact the town. If people telephone the Gas Company, we go out. It is the State law, as far as any pos- sible damage by a contractor, to notify abutters. Mr Brown How do accidents happen? Mr DiGiovanni The law came into effect in 1963 and the State amended it in 1970 where they also included private homeowners In places like Burlington, if a private contractor is putting a sewer in a home, he also has to notify the Company. That particular law was a problem and Massachusetts was the first to accept that in 1970. Mr. Brown Do insurance rates change because of the extension of a line in the street? Mr. DiGiovanni I am sure they don't. Essentially, we have gas lines on 90 percent of the streets in every town and I am sure there is no difference. We are franchised to serve the town and there is no rate differebce. Dr. William Fraser, 533 Lowell Street Is it going under the street? Is it avoiding the asphalt? Chairman Kenney Yes, it is going down the soft shoulder. Dr. Fraser The last time you said that three trees would possi- bly be taken out What about them? Chairman Kenney The intent is to go behind or around them Any digging will be done by hand. Dr Fraser Some of these hedges now abut the asphalt and we would like hedges and large rhododendrons if you remove them. Chairman Kenney to Mr. DiGiovanni In the event the contractor has to remove a hedge to install a main, does he replace it? Mr. DiGiovanni 1 don't believe any hedges are to be removed, this was worked out with the least disturbance possible. Dr Fraser 1 am the spokesman for the people and they are dis- turbed about losing the rhododendrons. Mr. Martin, Assistant Town Engineer Mr Coscia has gone over this and there are no trees coming down. This layout has been gone over as far as the least amount of damage. Chairman Kenney In the event that some shrubs are removed, they would be replaced. Dr. Fraser In size? 504 Mr. DiGiovanni We are about 4 feet off the macadam Dr. Fraser That is awful close. Chairman Kenney Some of these things may have to go but the intent would be to replace them. Mrs Riffin How wide will the trench be? Mr DiGiovanni 2 feet wide x 3 1/2 feet. From the macadam to the house is approximately 2 1/2 feet. Mrs. Riffin Theoretically, it would be about 4 feet in. Mr. DiGiovanni The line might be pushed further out or in. Dr. Fraser That clears that up. What happens when there is a leak? Mr DiGiovanni We are talking about a new line with a lot stricter codes. There would not be a leak by corrosion, we are talking a steel line coated with polyethylene. Mr. DiGiovanni to Dr. Fraser When the line is constructed, I would like to Invite you to look at it. Chairman Kenney Is there anyone present from Webb Street? No one from Webb Street was present. Upon motion duly made and seconded, it was voted to remove from the table the petition of the Mystic Valley Gas Company to install gas mains in Lowell Street and Webb Street. Upon motion duly made and seconded, it was voted to grant permis- sion to the Mystic Valley Gas Company for the following locations I . Installation of 8-inch high pressure gas main in Lowell Street, subject to the following conditions a Working hours - 9 00 a.m to 3 30 p.m b Any excavation near or around trees shall be done by hand in order to eliminate any damage to tree roots Tree Warden, Mr. Paul Mazerall , must be notified before the excavation begins. 2. Installation of 4-inch high pressure gas main in Webb Street. The Board discussed the School Street sidewalk. Residents from School Street were present. School St. Chairman Kenney read a petition from the residents of School Sidewalk Street stating their objection to the construction of the sidewalk. Deletion Chairman Kenney Originally, the request for a sidewalk was from people further up the hill and was not a request of the abutters, who do not want it. There is a sidewalk on the other side of the street and this fairly well supplies them. A report from the Director of Public Works was read stating that "During the informational meeting held on September 5, 1972 regarding the 1972 sidewalks, two of the five residents of the affected area of School Street were present, and one, Michael Cardillo, voiced opposi- tion to the sidewalk. The other resident, Frederick McMenimen, Jr., 505 reserved the right to make his opinion known by phone and subsequently by letter This letter was received on September 18, 1972 and was signed by three of the five families affected On September 25, 1972, tree hearings were held on School Street At that time, four of the five families were represented and were unanimously opposed to the removal of any trees and the construction of the sidewalk. A letter to this affect was received by your office on September 25, 1972, signed by those present at the hearings. Con- struction of this sidewalk within the present layout of School Street would be impossible without the removal of three large, healthy trees, and even at this, would be difficult at best due to the alignment of the existing pavement. Also there is an existing sidewalk on the other side of School Street Based on the opposition of the residents and physical obstructions to the construction, this department recommends that this project be deleted from Contract #72-3-E This deletion is covered under Article 10 of said Contract and Paragraph No. 4 of "The Proposal" of said Contract Also, none of the original petitioners for this sidewalk were present at either the informational meeting or the tree hearing, and, of those present, none spoke in favor of the proposed sidewalk." Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works to delete the School Street sidewalk from Sidewalk Contract No. 72-3-E. Mrs. Joyce Miller and Mrs. Joyce Hals of the League of Women Voters met with the Board to discuss the recycling area at the Hartwell Avenue Landfill Chairman Kenney Mrs. Miller wrote to the Board and asked to come in and discuss the recycling area as they are distressed because Recycling there is no permanent employee at the recycling area. Hartwell Mrs. Miller The League of Women Voters feels that everyone Landfill should take an active part and support it on the local level . We were pleased last winter with the allocation of $3,000 plus something from the personal services budget. Mr. McSweeney commented in a letter to me that the program was a success and this indicates that the people in Lexington are eager for the program and support it. During the summer months, a student was assigned on a part-time basis but Mr. McSweeney informs us that there are no more funds to pay an employee to be present and to supervise the operation. Mrs Hals The burying of refuse eats up land, pollutes surface and groundwater supplies, blights the landscape and squanders our nation' s resources. Lexington now dumps approximately 25,000 tons annually and this rate is expected to be 30,000 tons within 8 years. Meeting State landfill standards will mean higher costs to Lexington, and a 50 percent reduction of waste would double the life of our landf i l l 566 Chairman Kenney I don't think you have to sell the members of ' the Board on recycling. We are involved in a situation where we lack implementation. Last year, we looked at the program and speci- fically indicated $3,000, plus minimum personnel . We did not hire anyone to supervise but college students were able to keep up with it; but we had a problem with the Department of Public Works Union who allowed it on a temporary basis in the summer; it is a full time job to attend the recycling center In talking with Mr. McSweeney, because the sanitary landfill is opened 7 days a week, we actually need to staff it with two people and we agreed to support the recy- cling and work our way into it, not automatically adopt the program which you people propose Mrs. Miller What is your objection to a town-wide pickup? Chairman Kenney Several objections, there is money and un- sightliness on the streets. Mr McSweeney We are waiting to analyze the future arrange- ments but I would add that without the employee, you can't supervise the operation Chairman Kenney to Mr. O'Connell Do you think we can have some sort of answer as to whether we could go back to a part-time employee. Mr O'Connell We can review it with the Union to look at it on limited hours with temporary personnel . I don't know how we can do it before the budget review period but we can get them to extend the understanding. Mrs. Riff in How many hours would we have to have an employee there on part time? Mr. McSweeney The hard hours are the weekends We had some- one there from 9 00 to 4 30 in the summer; maybe we could work out some program to get a younger student from the schools. Mrs Miller We feel one of our major contributions would be to educate the people, we would support it in any way we could. Mr Brown Why is it we have to be open every day of the week? Chairman Kenney The citizens demand it. Mr. Brown As a suggestion, if you have certain hours, one might be able to control the cost of the dump by changing the hours, and, therefore, have some money available to do some of the other things we want to do. Mr O'Connell People have grown accustomed to the hours and when we change the hours, it is our telephone that gets red hot. Mr Brown From a practical point of view, I wonder if we can reduce some hours, such as on Thursday afternoon when no one is there. Chairman Kenney From our past experience, to curtail the hours met with objection, and I am not sure how much you would save. I have asked Mr. O'Connell and Mr McSweeney to find some means for us to go back or close to, the status of last summer and have asked Mr. McSweeney to prepare budgetary consideration for I or 2 attendants. That would take Town Meeting approval I ►CO f4 Mrs Hals Is it possible to start a separate area for collection of leaves? Mr. McSweeney We can, but we would have to put up a snow fence Mrs Miller and Mrs Hals thanked the Board and retired from the meeting . Upon motion duly made and seconded, it was voted to go into Exe- cutive Session at 8 30 p.m. for the purpose of discussing, deliber- ating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the Executive a reputation of person. Session P After discussion of budget matters with the Appropriation Commit- tee, it was voted to go out of Executive Session and resume the open meeting at 9 20 p.m. The Appropriation Committee was still present at the open meeting . Mr. O'Connell reported that the Revenue Sharing Bill is going back to Congress, and the allocation for Lexington is $341,602, $10.80 per capita We will receive more than the neighboring towns of Belmont-$9.30 and Concord-$9.80 but less than Arlington-$12.20 and Watertown-$19.00. The intent of the bill is to provide the same amount of money for each of the next four years. The forecast seems to be that Congress will act on it very soon and the money will start flowing through State and local government between 30 to 60 days. indications Revenue are that the funds should be received before the end of 1972 and, as Sharing Bill they are 1972 funds, they can go into E & D and be subject to the regu- lar procedure that applies to E & D The timing is right for the Town to receive two years of funds which would be applicable to the 18-month budget. The purposes which qualify under the bill are any or all capital expenditures that are authorized by the State or local laws. General Revenue Sharing funds cannot be used for matching federal aid programs. The funds must be put in a trust fund and interest can be earned; if they are put in and are appropriated at Town Meeting and don't get spent until early fall , we can pick up another $10,000. Mrs. Riff in Are there any programs that would be curtailed that we are now receiving funds for? Mr O'Connell As I understand it, no. 1 understand there is going to be considerable overhaul but that is above and beyohd the $30 B. The Appropriation Committee retired from the meeting at 9 32 p.m. Mr. O'Connell recommended that the Board approve the following requests for transfers from the Reserve Fund $1 ,200 to Account No. 2940-Metered Mail , as this is the first year at 82 postage and we did not budget for 8d. $10,850 to Article 10 of the 1972 Annual Town Transfers Meeting for the payment of teachers' non-contributory pensions. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager and to request the Appropriation Committee for a transfer from the Reserve Fund to Account No 2940 in the amount of $1 ,200 508 Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager and to request the Appropriation Committee for a transfer from the Reserve Fund to Article 10 of the 1972 Annual Town Meeting in the amount of $10,850. Mr. O'Connell reported to the Board that agreement papers on Bowman School the Bowman School roof repairs are now in the signature stage and Roof we now have every confidence that the ,job will be done in October, as planned Dumping Mr O'Connell reported to the Board on the matter of dumping of Violation debris by the Mobil Gas Station in the Valleyfield area. The matter Mobil Gas has been resolved and the material removed as a result of excellent cooperation between the Mobil Oil Company and the contractor in- volved. Mr. O'Connell reported to the Board that the Data Processing Data Committee has received proposals and has voted to authorize us to Processing select System Technology Associates, Inc , Cambridge, Massachusetts. Mr. Arthur Dixon will start work on October 14 to perform a systems and procedures study of Town functions. Chairman Kenney informed the Board that Mr. Legro has requested that the Board vote to rescind the vote of September 25, 1972 to Option exercise the option on land owned by William Hill ; the option has Hill Land been extended to October 17, 1972. Upon motion duly made and seconded, it was voted to rescind the vote of September 25, 1972 to sign the exercise of option of a parcel of land owned by William Hill at the rear of 142 Marrett Road on or before October 3, 1972. Traffic Chairman Kenney read a letter from Arthur N. Landry, 5 Minute Lights Man Lane, dated September 22, stating that the traffic lights on Worthen Rd the corner of Worthen Road and Massachusetts Avenue have been in- Mass. Ave. stalled incorrectly A report from the Director of Public Works was read stating that the required changes were made on September 25, 1972. Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen' s Meeting held on September 5, 1972, as amended. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works and sign the Abatement abatement for sewer house connection to J.B.S. Holmes, 14 Middle Street, in the amount of $62 91 ; refund for damage to drain by Town forces. I 009 Upon motion duly made and seconded, it was voted to approve the request of the League of Women Voters and endorse the proclamation LWV by Governor Sargent for League of Women Voters' Week on October 5 Proclamation through October II , 1972. Chairman Kenney read a request from Special Town Counsel Legro Order of to sign the order of taking of slope easements on Winchester Drive. Taking-Slope Upon motion duly made and seconded, it was voted to sign the Easement order of taking of slope easements in two lots on the southerly side Winchester of Winchester Drive. Drive Chairman Kenney read a recommendation from the Conservation Com- mittee that it had reviewed the Old Vine Brook bridge and felt that Old Vine the present bridge should remain until proper access to it can be Brook Bridge resolved, we foresee a more attractive foot/bicycle bridge, designed to exclude motor bikes and hope this may be resolved after the March Town Meeting. The Board agreed that no action be taken at this time Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification Card for Alfred Ernest Liquor 1 D Gravallese, 157 Lincoln Street, Lexington. Chairman Kenney discussed Spring Street and said that after conversations with Mr. McSweeney, the next step would be to pre- pare a plan on the 24 ft. pavement; then we could examine the Spring Street situation and see what effect this would have on the trees. The Board agreed that Mr. McSweeney should make the necessary arrangements for a plan on the 24 ft pavement for Spring Street. Chairman Kenney read a report from Mr. McSweeney, Director of Public Works, regarding the removal of pollutants from Tophet Tophet Swamp, as follows Swamp "In order that we might keep you up to date on the status of the North Lexington Pumping Station alterations and related matters, this is to inform you that as of this writing two of the three pumps at the station are now in operation to the satisfaction of our engineers. The delays resulting from erroneous information prepared by Westinghouse regard- ing their motors have now been resolved and we anticipate acceptance of the standby third pump to be forthcoming very shortly. As you no doubt know, these additional delays have resulted in pollutants entering Kiln Brook, Farley Brook and Tophet Swamp. In order to minimize the effects of these pollutants we have been, and will continue to, treat this area with HCL(Hydrogen-Chloride). In addition, now that the main station is in operation, we wilt this week begin a I 510 program of flushing and cleaning these brooks. We are of the opinion that this operation will substantially improve the quality of the water in these brooks and restore this area to its normal character and condition " Bergstrom Re- Chairman Kenney read a request from Mrs. Beatrice I . Bergstrom, quest for 497 Concord Avenue, for an abatement of sewer betterment assessment Sewer Assess- in the amount of $1 ,411 .33. ment Upon motion duly made and seconded, it was voted to refer Mrs. Abatement Bergstrom's request to the Director of Public Works for a recom- mendation. Chairman Kenney informed the Board that Mr. O'Connell has pre- Hatch Act pared some temporary procedures regarding the Hatch Act and will attempt to get the Engineering Department involved. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect the Session public security, the financial interests of the Town or the reputa- tion of a person. After discussion of matters concerning Committee membership and matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10 25 p.m. A true record, Attest Executive Clerk, Selectmen I