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HomeMy WebLinkAbout1975-09-22-BOS-min 41rT IllSELECTMEN'S MEETING September 22, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, Sept- ember 22, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Kessler, and Mrs Battin; Mr. O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr. Warren Empey, DPW Manager; Mrs. McCurdy, Executive Clerk. At the request of the Town Clerk, the following jurors Jurors were drawn Camilla B Skov 8 Hawthorne Road Irving L. Levine 10 Estabrook Road Mary T. Coughlin 9 Crescent Road Marie M. Bille 21 Douglas Road William R. Rice 5 Raymond Street Peter Mahakian 12 Watertown Street Carl Lannquist, Jr. 76 Adams Street Mr. O'Connell discussed the Presidential Primary scheduled Town for March 2, 1976, and recommended that Town elections be held Election - on the first Monday in March, as usual. Presidential The Board agreed to having the Annual Town Election Day Primary on March 1, and the Presidential Primary on March 2, 1976 Mr.O'Connell informed the Board that the State has accepted, State on an unofficial basis, the Census count at 32,353. This figure Census will be adjusted by the State according to their standards. 33,412 was the official 1971 State Census figure. Mr. O'Connell recommended that the Board appoint Mr Charles Ancillary A. Cook, Personnel Administrator, as the representative on the Manpower Newton Area Ancillary Manpower Planning Board. David Hughes was Board the former representative. Upon motion duly made and seconded, it was voted to approve the recommendation to the Town Manager to appoint Mr. Charles A. Cook as Lexington's representative on the Ancillary Manpower Planning Board. Mr. O'Connell requested approval of a transfer from the Transfer Reserve Fund to cover the purchase of a check signer used in the Acct. 2925 Treasurer's Office. The present signer is eight years old and is Office completely worn out The cost is $600 and we need a balance of Machines Ill $238. 418 Selectmen's Meeting September 22, 1975 Upon motion duly made and seconded, it was voted to request approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 2925 in the amount of $238. CETA Mr. O'Connell advised the Board that a representative of Employees Newton CETA program met with Town employees, who were advised tail their assignments will terminate early in January, 1976. CETA positions are not being terminated but, if funded in June, there will be a turnover of encumbents. We are fearful of the effect this will have in reducing our productivity as in the next round of selection of candidates, there will be certain changes in eligibility requirements, and there will be a much greater emphasis on persons having the greatest problems, and they are not likely to meet our requirements. We may train people for three months and lose them in early June. Their rules do not make much sense. The Board agreed. Munroe The Board discussed the request from the Munroe School P.T.A. P.T.A. for a traffic light with pedestrian button controls. Traffic Mr. Bailey recommended that the Board vote to request , Signal Mr. McSweeney to file an application with the State Depart- ment of Public Works for approval of the installation of traffic signals. If approved, an Article would be placed in the Warrant for the next Town Meeting. The P.T A. has acknow- ledged the problem of before and after school children but has agreed to work with the children on safety measures. Upon motion duly made and seconded, it was voted to in- struct the Director of Public Works/Engineering to compile the necessary information to make an application to the State Department of Public Works for approval of the installation of traffic signals with pedestrian push button controls on Mass- achusetts Avenue at the Munroe School. Mishara Chairman Kenney informed the Board that a letter has been Dog received from Mr. Elliott I Mishara informing us that, as a result of the hearning held on September 17 on the complaint of Dr. Buchinskas against his dog, Jake, as of September 18 Jake no longer resides in Lexington. Mr. Mishara expressed his thanks to the Board for attempting to equitable resolve the dispute. The Board agreed to write a letter of appreciation to Mr. Mishara for his action in resolving the problem in the neighbor- hood. 41. 9 Selectmen's feting September 22, 1975 Dr. Kessler left the meeting at 8 25 p.m. (for a short Bacon vs while) . Kealy Mr. Bailey made a report to the Board on the dog hearing Dogs held on September 17 at 8 30 a.m. regarding the written complaint of Mrs. Robert Bacon, 102 Meriam STreet, against two shepherd dogs owned by Mrs. William Kealy, 100 Meriam Street, stating "the two shepherd dogs are a nuisance by reason of vicious disposition, frequent barking and snarling dog fights and trespassing by both shepherds and dog attack on her and her 3 1/2 year old daughter on August 11, 1975." Mr. Bailey There was no evidence that the dogs touched them or that Mrs. Bacon touched the dogs with an axe handle. We are asked to find that these dog are a nuisance by reason of viciousness. Mrs. Bacon is seven months' pregnant and has a disc problem and has to be careful. Mrs. Kealy has a cardiac condition. At the hearing, it was brought out that there is only one shepherd there now, that they have moved the pen, and it is covered, and the dog is totally restrained. It would be difficult for the Board to find that the dog is a nuisance by reason of viciousness It is fully restrained, but dogs do get out. There were no other complaints but from one neighbor who heard the dogs barhtig4 I recommend that we ask Town Counsel to prepare a statement for the Board. Upon motion duly made and seconded, it was voted to accept Mr. Bailey's report on the Bacon vs Kealy dog hearing held on Wednesday, September 17, 1975 Subsequently, Town Counsel prepared the following letter to be sent to Mrs. William Kealy of 100 Meriam Street "Upon complaint in writing to the Selectmen of the Town of Lexington concerning German shepherd dogs owned and kept by you at 100 Meriam Street, Lexington, the Selectmen have in- vestigated such complaint, including the holding of a hearing on September 17, 1975, where all witnesses, including the complainant, were examined under oath. Testimony at the hear- ing elicited the fact that one of the dogs has been transferred to another resident of Lexington and is no longer residing at 100 Meriam Street. It was also brought out at the hearing that no other complaints from other neighbors have been filed with the Animal Control Officer. Having considered all of the test- imony, the Board of Selectmen has determined that there is not enough evidence to find that the German shepherd dog currently residing at 100 Meriam Street is a nuisance by reason of vicious disposition or excessive barking or other disturbance. The Board of Selectmen has voted to instruct the Animal Control Officer to monitor the situation existing at 100 Meriam Street, in order to 42U Selectmen's Meeting September 22, 1975 insure that the German shepherd dog residing there, when not on a leash and under your immediate care and restraint, is kept in a pen or other enclosure as is presently in use and which is as far removed from neighboring property as reason- ably possible The Board of Selectmen has also asked to be informed if the second German shepherd is returned to the property " Chairman Kenney read a report from the Traffic Safety Trimhold Committee in response to a request from Mr Frederick J. Trim- Requests - hold, 57 Reed Street, for a "Blind Person Crossing" sign at the intersection of Bedford Street and Reed Street. Upon motion duly made and seconded, it was voted to accept Blind Person the recommendation of the Traffic Safety Committee that the re- Crossing quest for a "Blind Person Crossing Sign" be denied as this Sign location will never be fully safe for the blind person, and it is actually to his benefit that the sign not be installed. The Board also discussed Mr. Trimhold's request for a ' Bedford St study of traffic at the intersection of Bedford Street and Worthen Rd. Worthen Road to determine if it meets State warrants for a Signals pedestrain signals. A report from the Traffic Safety Committee recommends that an application to the State not be considered as pedestrian volume portions of the State warrant are not met. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee not to consider an application to the State DPW for approval of installation of traffic signals at the intersection of Bedford Street and Worthen Road. Hancock St Chairman Kenney read a report from the Traffic Safety Trucking Committee in response to a request from the Meriam Hill Association Sign to have the "Heavy Trucking Excluded" sign moved 40 feet south of its present position on Hancock Street The report states that a request had been submitted to the State Department of Public Works for a permit for two signs on Hancock Street, and to approve an alternate route of Bedford Street, Woburn Street and Lowell Street. A reply was received that a field survey had been made by the State, taking into consideration street widths and general neighborhood character- istics; conditions of individual roads data was noted while traversing both the alternate route and the street proposed for exclusion. The alternate route, because it lies partly within the Town of Burlington and seems to be unreasonably circuitous, is an unacceptable by-pass route Therefore, the vehicle re- striction for Hancock Street must be denied by the Massachusetts Department of Public Works. 421 Selectmen's Meeting September 22, 1975 The Traffic Safety Committee also recommended that the existing signs on Hancock Street be removed as there is no legal authorization for them Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee that the existing "Heavy Trucking Excluded" signs-are to be removed from the two locations on Hancock Street. The Merriam Hill Association is to be informed of the above vote of the Board. Upon motion duly made and seconded, it was voted to sign Betterment the commitment sheets for sidewalk betterment assessments for Assessments - the following streets Brookside Avenue, Grassland Street, Sidewalks, Waltham Street. Streets, Upon motion duly made and seconded, it was voted to sign Water the commitment sheets for street betterment for Grassland Street and Holland Street Upon motion duly made and seconded, it was voted to sign the commitment sheets for water betterment assessments for Lawn Avenue. Chairman Kenney read a report from Mr. E Coscia, DPW Permit - Manager, recommending approval of the request to move a house House to Wood Street, subject to 5 conditions. Move Upon motion duly made and seconded, it was voted to grant permission to Metropolitan Building Movers, Inc. , W. Peabody, to move a building from Old Bedford Road, Lincoln to Wood Street, subject to the following conditions 1. A bond in the amount of $5,000 is to be posted with the Department of Public Works 2 The house shall not be on Wood Street before 9 00 a.m. and/or after 3 30 p.m. 3 The mover is to meet with DPW representative and the Tree Warden before permit is issued. 4. Police Officers are required to handle detours. 5. Licensee shall procure and maintain during term of permit general liability insurance with coverages for bodily injury and property damage liability and a copy of which must be submitted with the bond to the Town before permit will be issued. Upon motion duly made and seconded, it was voted to certify Certificate the character of Joseph E. Jones, 15 Baskin Road, who has applied of for Certificate of Incorporation, "The Thursday Club, Inc." Incorporation 422 Selectmen's Meeting September 22, 1975 Upon motion duly made and seconded, it was voted to approve Abatement the request of Mr E. Coscia, DPW Manager, for the abatement Water Bill of water bill to Mr. Joachim Sinek, owner of 44-46 Lowell Street, in the amount of $58.05. Chairman Kenney informed the Board that a request has been Committee received for a representative of the Selectmen to serve on Appointment - the Max-Ed Committee to examine present guidelines on the High School purpose of Max-Ed program at the High School. Upon motion duly made and seconded, it was voted to appoint Selectman Busa as the representative of the Board of Selectmen on the Max-Ed Advisory Committee. DPW Sedans Mr. O'Connell submitted further information on the purchase of two sedans for DPW. He had looked at the intermediate size vehicle and, in his opinion, the four door car is the most economical, Comparing the 8 cylinder-350 C.I.D. to a 6 cylinder- 250 C.I.D. , the savings would be approximately $50.00 a year. The major difference in these two engines is durability and expected life, and the maintenance cost. DPW's concern is that maintenance costs of the 6 cylinder engine during the life period about 75,000 miles would be higher than the 8 and the vehicle less reliable during that period. This can only be determined by experience He recommended the purchase of one or two card with 6 cylinder engines but pointed out that the real difference may not be measurable for several years. Mr. Bailey moved to purchase two 6 cylinder cars. After discussion, the Board agreed to approve the purchase of one 8 cylinder and one 6 cylinder car from Rowe Chevrolet Dr. Kessler returned to the meeting. Towing The Board resumed the discussion on the policy on Towing of Policy Private Vehicles, as recommended by Mr O'Connell at the September 15 meeting Upon motion duly made and seconded, it was voted to adopt the Policy on Towing of Private Vehicles, as follows POLICY ON TOWING OF PRIVATE VEHICLES This policy statement is base on the established practice of the Lexington Police Department and is not intended to call for a departure from the present practice as approved by the Chief of Police. 1 412:3 Selectmen's Meeting September 22, 1975 Policy on towing (continued) The Chief of Police has the authority to revise the towing company selection practice at any time if, in his judgment, such action is required for proper operation of the Police Department. It is the intent of the Lexington Police Department that utilization of the services of any towing company does not carry with it any agreement or obligation expressed or implied, allocating any amount of towing work on a continuing basis. Accidents It is the owner's or operator's responsibility and obligation to have his disabled vehicle removed from the accident site. He can call any qualified and licensed provider of towing service and it is preferred that he do so, The removal must be made promptly and safely to minimize hazards and obstruction of traffic. The Police Department, as a matter ofccowassftAxmland assistance, will, if requested, call any qualified licensed towing service requested by the owner or operator. When the car owner does not arrange for prompt towing, or when public safety interests require, the Police Department will do so. All towing, storage, and related charges shall be borne by the owner or operator in accordance with the schedule of prices approved by the Mass- achusetts Department of Public Utilities. The Town of Lex- ington assumes no liability for payment of any charges for services provided by a towing company to the vehicle owner or operator. Selection of Towninq Companies The Police Department will maintain a list of local towing companies, who request to participate, and who are judged to be qualified. The choice of towing company to be called will be made by the desk officer or dispatcher on duty, from the towing company list. It is his responsibility to see that adequate towing service is provided promptly, and that work is divided fairly among the qualified companies on the current approved list The demonstrated quality of service provided based on actual ex- perience- 1 be the primary consideration used in the selection. Criteria for judging the qualifications of a towing company for providing service 424 Selectmen's Meeting September 22, 1975 Policy on Towing( (continued) 1 The towing company be preferably Lexington based and already serving the Lexington area. 2 The towing company must have adequate financial re- sources and management to assure business atability, not contingent upon towing work for the Town of Lexington. 3. The company must have an adequate number and type of tow trucks (in first class condition, properly registered, licensed and insured and meeting all recognized safety re- quirements) to meet the emergency calls of the Lexington Police Department on a 24 hour, 7 day basis. 4 The company must have an adequate number of fully trained, licensed, insured,reliab2e tow truck operators to be able to re- spond to the calls of the Lexington Police Department on a 24 hour, 7 day basis. 5. The towing company, including its personnel, shall have acquired sufficient automobile and truck towing experience, in all kinds of weather and road conditions, be able to clearly demonstrate its competence tb the Lexington Police Department if so requested The driving record of two truck operators shall be considered a part of the related experience Criteria for judging the quality of service provided by towing company used 1. Speed of response with proper consideration of safety, measured over reasonable time period. 2. Demostrated skill and competence in vehicle recovery, handling and towing, and protection of private property. 3. Effectiveness of serving car owner, and absence of justified customer complaints of overcharging, unnecessary damage, loss of property or similar. 4 Degree of effectiveness of assistance rendered to Lexington Police Department at accidents, emergency snow or traffic obstructions and towing of vehicles for violations which preclude operation by the driver 1 425 Selectmen's Meeting September 22, 1975 Policy on Towing (continued) Other Towing Needs Lexington police officer, operating under the applicable laws, have the necessary authority and responsibility to determine when vehicles shall be towed from their locations, for such reasons as, but not limited to the following - obstruction of private property - stolen and abandoned vehicles - improperly registered or deficiently equipped - vehicles whose operation by being driven would be illegal, dangerous, or unauthorized - vehicle& whose operator has been arrested and detained 1 The choice of a towing company to supply "Other Towing Needs" listed above, shall be made by the desk officer or dispatcher on duty from the towing company list provided. IIIAdopted by Board of Selectmen 9/22/75 Mrs. Battin suggested that the Board consider the possibility Traffic of adding citizens to the Traffic Safety Committee, people with Safety expertise in traffic matters Committee Chairman Kenney The committee would more than welcome citizens Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating Session •or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person After discussion of matters concerning personnel, the financial interests of the Town, and the reputation of a person, it was voted to go out of Executive Session. A true record, Attest vJ Executive Clerk, Selectmen