Municipal materials re: gas leak identification and replacement.
| Submitted | April 21, 2015 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
• All policies regarding the identification and replacement of gas line infrastructure within the municipality
• All requests made to the Massachusetts Department of Public Works for information related to gas leaks, as allowed for by the Massachusetts General Laws (https://malegislature.gov/Laws/SessionLaws/Acts/2014/Chapter149)
• All available gas line information regarding the location and severity of gas leaks within this jurisdiction
• The existing schedule of planned or proposed municipal construction projects to occur in the year 2015
• All notifications made to relevant gas companies regarding "the undertaking of a significant project on a public way exposing confirmed natural gas infrastructure," as required by Massachusetts law.
• All "repair and replacement" schedules of gas leaks provided to the municipality by gas companies within this jurisdiction, as provided for by Massachusetts General Laws
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. This request is being made as a part of a statewide journalistic survey of efforts being made to address and prevent losses (human, environmental, economic, etc.) caused by aging natural gas infrastructure. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Beryl C.D. Lipton
From: Jason Grossfield
Dear Ms. Lipton:
This e-mail acknowledges receipt of your e-mail to the Somerville City Clerk dated April 21, 2015. Your request has been forwarded to this department for response. On behalf of the Record Custodians, after review of your request, I am writing to respond to your six-part request by paragraph as follows:
1. No responsive records are maintained as to this request.
2. No responsive records are maintained as to this request.
3. As to request number 3, the Records Custodian hereby provides you with a good faith estimate to provide responsive records:
Fee Type
Rate
Quantity
Total
Search Time Expenses
Position: Jr. Civil Engineer
Hourly Rate: $23.00
3 hours
$69.00
TOTAL ESTIMATED FEE:
$69.00
The actual cost of producing the record(s) may vary. If the actual cost is higher than the estimate, you will be required to pay the difference before receiving the records. If the actual cost is lower than the estimate, you will be refunded the difference. Upon receipt of the estimated fee, the city will commence providing the requested public record(s) and shall withhold or redact any record or portion thereof to the extent provided by law, specifying the applicable exemption(s).
4. As to request number 4, please describe whether you are referencing “municipal construction projects” on public ways, or all types of construction projects, so the Records `Custodian can respond to your request.
5. No responsive records are maintained as to this request.
6. The records custodian has identified responsive records to your request and copies are attached to this response.
Please contact me with any questions regarding this response.
Sincerely,
Jason D. Grossfield
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: (617) 625-6600, ext. 4408
Fax: (617) 776-8847
E-Mail: jgrossfield@somervillema.gov
From: Beryl Lipton
Hello Mr. Grossfield,
Regarding the fourth portion of my request, I would like both sets of information--municipal and all--on public ways. If the larger set is segregable by construction project involving digging and that subset is more easily obtained, then that would be fine. Otherwise, I'm happy to segregate the larger data set myself.
I will be in touch again regarding the fee associated with the third element: "All available gas line information regarding the location and severity of gas leaks within this jurisdiction." And thank you very much for the responsive materials you've already provided!
Best wishes,
Beryl
From: John Long
I am out of the office until Monday, May 11. If you need immediate assistance, please contact the City Clerk's Office at 617-625-6600 x4100.
From: Susan Tkaczuk
I am out of the office and will return on May 11, 2015. You may contact the Somerville Law Office via email at law@somervillema.gov or by telephone at (617) 625-6600, ext. 4400 if you need immediate assistance.
From: Jason Grossfield
I am out of the office and will return on Monday, May 11, 2015. If you need assistance during this time, please contact the Law Department at (617) 625-6600, ext. 4400 or law@somervillema.gov.
From: Jason Grossfield
Dear Ms. Lipton: In response to your description of records referenced in request number 4 by e-mail dated May 7, 2015, attached please find the responsive records. The records custodian has advised that building projects are:
1. Engine 7 Roof Repair/Replacement
2. Engine 3 modular building construction
3. Prospect Hill Tower Renovation
4. Accessibility Improvements (various city buildings).
Sincerely,
Jason D. Grossfield
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: (617) 625-6600, ext. 4408
Fax: (617) 776-8847
E-Mail: jgrossfield@somervillema.gov
This message and any attached documents contain information which may be confidential, subject to privilege or exempt from disclosure under applicable law. However, when responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and therefore cannot be kept confidential. These materials are intended only for the use of the intended recipient. If you are not the intended recipient of this transmission, you are hereby notified that any distribution, disclosure, printing, copying, storage, modification or the taking of any action in reliance upon this transmission is strictly prohibited. Delivery of this message to any person other than the intended recipient shall not compromise or waive such confidentiality, privilege or exemption from disclosure as to this communication. If you have received this communication in error, please immediately notify the sender and delete the message from your system. Thank you.
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Copy of 2015_Proposed Work
From: Beryl Lipton
Hello Mr. Grossfield,
Thank you very much for the additional materials and your clarification. I appreciate your help on this and future requests!
I hope you've had a lovely weekend,
Beryl
From: Susan Tkaczuk
I am out of the office and will return on June 1, 2015. You may contact the Somerville Law Office via email at law@somervillema.gov or by telephone at (617) 625-6600, ext. 4400 if you need immediate assistance.