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,
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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?
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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.,
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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
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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
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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
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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
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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.
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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
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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
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