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HomeMy WebLinkAbout1976-03-29-BOS-min 34 SELECTMEN'S MEETING MARCH 29, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, March 29, 1976, at 7 00 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present. Rep.Amick Representative Carol Amick met with the Board to request a statement Tri-Town regarding the bill she had filed to establish a Tri-Town Regional Recrea- Bill tion Conservation District in the Towns of Burlington, Lexington and Bedford. The hearing is scheduled for April 6 and if members of the Board are unable to attend, Rep Amick said that she would read the statement Chairman Kassler This is the first time we have heard of the bill and, therefore, we will take the matter under advisement and get back to you. Representative Amick thanked the Board and retired from the meeting Bos Edison Chairman Kassler opened the hearing on the petition of the Boston Poles Edison Company for the installation of six poles, with guy wire and anchor Hartwell on the sixth pole, on Hartwell Avenue, southeasterly side, from a point Ave approximately 142 feet southwest of Bedford Street Notices were sent to abutters, as listed on the petitioner's plan and also filed with the Public Works Department A report from the Director of Public Works recommended that approval be granted. Mr Louis Jones, representing Boston Edison Company, informed the Board that facilities are not available at this end of Hartwell Avenue at this time This will service Mr Colangelo's building and, possibly, another building may come off this same service The target date that underground will come out of Hartwell Avenue is June, 1977 No one being present in favor or in opposition, Chairman Kassler de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following location Hartwell Avenue, southeasterly side from a point approximately 142 feet southwest of Bedford Street, six poles, with guy wire and anchor on sixth pole Appointment- Chairman Kassler read a letter from the Town Celebrations Committee Town Celebr submitting nominees to fill a vacancy caused by the resignation of Mrs Hildagarde McGonagle Richard A. Michelson, Inez B Hazel, Joyce F Bieren, Jeanne Baltz and Jenny L Burrell The committee recommended that first consideration be given to Mr Michelson Mr Busa moved to nominate Jenny L Burrell Mr Bailey said that he would go along with the recommendation of the committee and, therefore, moved to nominate Richard A Michelson 35 Selectmen's Meeting March 29, 1976 Mr Busa seconded the motion to nominate Mr Michelson Chairman Kassler moved to nominate Inez B Hazel Mr Busa questioned the right of the Chairman to make nominations Mrs Battin moved and Mrs Miley seconded the motion to nominate Inez B Hazel Mr Busawithdrew the motion to nominate Jenny L Burrell Upon motion duly made and seconded, it was voted to appoint Richard A. Michelson a member of the Town Celebrations Committee Chaix'manKassler, Mrs Battin and Mrs Miley abstained Upon motion duly made and seconded, it was voted to appoint Mrs Inez B Hazel a member of the Town Celebrations Committee for a term expiring April 30, 1979 Mr Bailey and Mr Busa abstained A letter is to be written to Mrs Hazel informing her of her appoint- ment Chairman Kassler informed the Board that a vote is required to approve Bond - the bond of the Town Manager Town Mgr Upon motion duly made and seconded, it was voted to approve the bond in the amount of $50,000 for Mr Walter C O'Connell, Town Manager Chairman Kassler read the following report from Mr McSweeney, Direc- Bedford tor of Public Works/Engineering Mini-buses "Regarding the letter from Ms Joan Melville, Chairperson of the Town of Bedford Transportation Committee, requesting permission to run buses on various streets in Lexington, Peter Chalpin of this office contacted Mr Brown, Bedford Town Administrator, who stated that the Town of Bedford is undertaking an experimental mini-bus program in cooperation with the Mass Department of Public Works The program is designed to provide transpor- tation for Bedford residents who work in neighboring towns - Burlington and Billerica, as well as Lexington While we have no objection to the opera- tion of the buses as stated by Ms Melville, we feel that permission should be withheld until the following are assured 1 No stops to pick up or deliver passengers will be made on Town ways 2 The above requires that pickups and deliveries be made on private property We, therefore, recommend that the companies involved in- dicate their concurrence of this project by granting permission in writing to have the buses stop on their property 3 The Town of Bedford demonstrates that it has secured all the nec- essary permits for bus line operation " Dr Kassler- We have also received a letter from Itek authorizing the Bedford Local Transit bus to pick up and deliver Itek employees on Itek Corporation' s property, contingent upon receipt of proof of appropriate insurance coverage from the contractor, Metropolitan Coach Motion was made and seconded to approve Bedford' s request to run buses on Lexington streets Mr Bailey According to the report, Mr McSweeney recommended that I approval be withheld until all conditions are met 36 Selectmen's Meeting March 29, 1976 Mr McSweeney. The first letter was to operate within specific hours, and we wanted to have some idea as to what authority they operated under I understand it was the federal government If a private bus com- pany asks for permission for traveling on public ways, they have to list the stops and also get a state permit - and we felt that their letter in February didn't provide those The first letter we have received since then was from Itek, and we have yet to receive notice from the Commonwealth of Massachusetts The question is, "Is Itek the only stop?" Chairman Kessler- Does the Board agree that we withhold action until they tell us? Mr Bailey- Tell them that we aren't unfriendly, but let us know their plans The Board agreed that Mr McSweeney is to pursue the matter with Bedford. Town Mgr Mr O'Connell requested that the open meeting minutes of March 15, Reappoint- 1976 be amended ment Amend- Mr O'Connell Regarding the minutes of March 15, 1976, I would re- ment to quest that the minutes be amended with the addition of certain informa- March 15, tion for clarification and completion Everything stated is accurate ' 76 Min- At the time of the Town Manager's reappointment, I didn't know whether I utes was allowed to speak at that time, but I did bring it up in Executive Session and did ask to have it put in the open minutes At this stage, the Executive minutes are not yet open I would appreciate it if the Board would agree to adding to the open meeting minutes of March 15 - 1 A majority of the Board of Selectmen was unwilling to re- appoint for a normal term. My proposal for a one-year re- appointment was also unacceptable 2 In view of the above, the Town Manager proposed a six- months reappointment The Board voted on March 15, 1976 to reappoint to September 15, 1976 Chairman Kessler As far as I am concerned, it is accurate Mr O'Connell I understand and appreciate that the Chairman's moti- vation was to handle the matter delicately and to express the matter in the manner in which you did There has been some confusion and I would like to clear it up Chairman Kessler When the minutes are published, there was also some question of wording, which will be clarified Upon motion duly made and seconded, it was to approve Mr O'Connell's request to add the above to the open meeting minutes of March 15, 1976 for the purpose of clarification Towing Chief Corr met with the Board to discuss the Towing Policy Chairman Kessler- When we last talked about this, we were specifi- cally interested in B & R Towing Company Chief Corr After I left, I directed Captain Lima not only to check B & R Towing but also with agents from the Department of Public Utilities After investigation, we find that B & R has met specifications I would 3.7 Selectmen's Meeting March 29, 1976 ask the Board to read the memos from me It is interesting to note that in checking with the State Police, they (B & R) had ten times as many, 45, as Mal' s, and one-third more than Phillips 66, 29 Bob's Texaco Service Center and Mal's Towing Company have written to me on the reduction of tow calls and Bob Graves (Bob's Texaco) specifically asked me that if a change is made in towing procedures is made, that it be delayed for sixty days, to allow him to sell the tow trucks and to notify his men that they will no longer be needed Mal's owner, Mr Keljikian, indicated that while he. was not complaining, he has long felt that our towing policy provided him with a disproportionate number of police-authorized tow jobs, by virtue of the fact that he receives only daytime tow jobs If the Board still insists that this get distributed evenly, I don't know of any easy way to distribute towing in Lexington, in view of the fact that the State Police are also calling Unless I get information, I can' t do it without specific instruction. Mrs Battin You are saying that, during the period of December to March, B & R had more Lexington towing than Mal' s and Bob's? Chief Corr That was with the State Police Mrs Battin It had nothing to do with Lexington? Chief Corr Nothing Mrs Battin What was Lexington's police-ordered towing record? Chief Corr• I am not prepared to say Mrs Battin I was asking how the Lexington Police-implemented towing policy was during that period Also, we have just received a letter from G & R Towing Chairman Kessler- That would be examined by the Police Department Mr Busa. This has been coming up for two years and I would ask the member of the Board of her interest in B & R Towing? Because of the in- formation we have before us, I wonder what personal interest Mrs Battin has in B & R? Mrs Battin I have no personal interest I have felt it is impor- tant that the choice of the tow company not be left to the discretion of the police desk without a policy of at least fairness Otherwise, it is subject to either abuse or the appearance of abuse If it is the policy to distribute among Lexington towing companies, then, if they qualify, it should be done squarely - just as we go for bids As long as a company qualifies, it should be distributed fairly, as voted If they don't qual- ify, they should be dropped from the list Mr Busa. This isn't tending to be the practice in Massachusetts and at the State Police Barracks in Concord Who is to determine what is fairly, and what does "fairly" mean? Is 3 to 1 fair, or 4 to 1 fair? The Desk Officer is the person to determine Mrs Miley It is my understanding, from what I have read, that the State Police assign companies from Route 2 to Route 3 and 128, and they are different companies on the north and south If we look into the record, you will find that is the situation They each have their areas that the State Police have assigned to them. Mr O'Connell If the Board decides, and if it ends up with a third towing firm, I would suggest that Town policy include B & R Towing, as 38 Selectmen's Meeting March 29, 1976 theyare doingD P W exclusivelyI don't think we should adopt a policy for just one, the Police Mrs Battin I agree Mr Bailey I think we should go one step further and encourage the State Police to adopt the same policy, also They seem to exclude Lexing- ton Chairman Kessler Don't you think it presumptuous for us to set their standards? Mr Bailey. All we can do is ask, even if the State Police have jur a- diction for highways The point is germane Chief Corr It seems to me that maybe we could wait a little longer and look at the companies' books to see, actually, how many tows they get Mr Piantedosi, B & R Towing On State Police towing, you have to take it for a two-year period I had Route 128 North from a year ago last June and it was "disaster" as that is slow This year, I have South and Bob has North As far as Public Works' towing, they couldn't get the re- sponse time they wanted and they asked me and I said yes I could care less if they (DPW) rotate The same for the State - they asked me if I wanted to go into the rotation system and I said that I could care less Chairman Kessler. We have found that B & R has been acceptable by our standards and it was suggested that Chief Corr work B & R into rota- tion in what he feels is a fair and equitable manner Now that we have found a third company acceptable to the Police Department, see how it 111 works and see what is fair by all standards We are not trying to work a hardship on existing firms Mr Busa The only thing is, within a week or ten days, there will be more companies applying Chairman Kessler It is supply and demand and I don't see how we can turn them down I don't think supply and demand will allow them to come into Lexington Mr Bailey. This is borderline where you get into franchising You can't encourage competition where a lot are hanging on by their finger- nails I am suggesting that you are going to have to tread very carefully Chairman Kessler I agree Chief Corr retired from the meeting Walk-a- Mr O'Connell recommended that the Board approve a request for a Walk- Thon a-Thon on Saturday, April 3, 1976, under adult supervision Upon motion duly made and seconded, it was voted to grant permission to the Mistick Side Girl Scout Council of Winchester for a Walk-a-Thon on April 3, 1976, subject to the regulations of the Police Department D'Ambrosio Mr O'Connell recommended that the Board approve a further extension Sick Leave of 30 days sick leave to D.P W employee, Joseph D'Ambrosio, subject to Extension repayment This will make a total of 60 days as the Board previously voted to grant 30 days sick leave Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Town Manager to grant a further extension of 30 days sick leave to DPW employee, Joseph D'Ambrosio, subject to repayment 49 Selectmen's Meeting March 29, 1976 The Board agreed to discuss a request for a transfer of 20 000 to Transfer g q a $ , Account 5450-Road Machinery at the next meeting on Wednesday, March 31 Acct 5450 Chairman Kessler read the following report from Mr McSweeney, Di- Federal-Aid rector of Public Works/Engineering Systems "This office has reviewed the Federal-Aid Systems 1975 Functional Classifica- Classification Map as it pertains to Lexington We are in agreement tion Map with all but two of the designations We feel that Mass Avenue from Bedford Street to Marrett Road, and Marrett Road from Mass Avenue in East Lexington to the Lincoln Town Line should be upgraded to the des- ignation of 'Other Principal Arterial' rather than the current 'Minor Extension ' As this map is preliminary, it is unclear at this time what benefits, if any, the Town will gain from the realignment of the Federal- Aid System. It seems that the State applies this realignment process every few years, and, as of this writing, we have seen no programs re- sulting from it Nevertheless, we recommend that the Board respond as affirmative action by local officials, in writing, is required." Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering regarding the Federal-Aid Systems 1975 Functional Classification Map as it pertains to Lexington A letter is to be written to Mr C F Mistretta, District Highway Engineer of the State Department of Public Works, outlining the Illrecommendations of the Director of Public Works/Engineering Mr Cohen requested the Board to sign the Orders of Taking of land Land Acquis owned by Lexington Associates, Inc located off Marrett Road Lex Assoc Upon motion duly made and seconded, it was voted to approve the Marrett Rd request of the Conservation Commission and to sign the Order of Taking of 11 91 acres of land owned by Lexington Associates, Inc for Conserva- tion purposes, in the amount of $68,900 Also, to sign the Order of Taking of 1 89 acres of land owned by Lexington Associates, Inc for school, playground, recreation, sewer and drain purposes, in the amount of $7,100 Mr O'Connell agreed to make arrangements to have information on the Public Drinking By-Law Article available for Town Meeting members Upon motion duly made and seconded, it was voted, 5-0 by roll call Executive vote, to go into Executive Session to discuss strategy with respect to Session litigation; also, the reputation of an individual After discussion, it was voted to go out of Executive Session and resume the open meeting The Board agreed to approve the minutes of Selectmen's meetings Minutes Upon motion duly made and seconded, it was voted to approve the following minutes of 1975 Selectmen s meetings January 6, 20, 27; February 3, 10, 18, 24; March 3, 24, 31; April 7, 14, 22, 28; June 2, 16, 30; July 14, 28; August 11, 13; September 8, 22, 29; October 27; November 3, 17, 1975 4t) Selectmen's Meeting March 29, 1976 Upon motion duly made and seconded, it was voted to adjourn at 7 55 p m. A true record, Attest Executive Clerk, Selectmen 1 1