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HomeMy WebLinkAbout1975-05-05-BOS-min 288 SELECTMEN'S MEETING May 5, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on MOnday, May 5, 1975, at 7 30 p m. Chairman Kenney, Messrs Bailey, Buse and Kessler, Mrs Battin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr Martin, Ass Town Engineer; Mrs McCudry Ex- ecutive Clerk, were present New Fire Mr O'Connell introduced' the new Fire Chief, Joseph G Chief Marshall, to the Board. On behalf of the Board members, Chairman Kenney congratulated Chief Marshall and wished him success in his new position Party - Mr O'Connell and the Board discussed a party held at 117 Adams 117 Adams St Street on Friday evening, May 2, 1975 Mr O'Connell There was an unfortunate disturbance at 117 Adams Street which resulted in considerable difficulty and assult on Police officers We do math have all the reports and information we desire but we did receive reports from Sergeant Hickey, who responded to the call to the Lexington Police Station at 10 17 p m._,_ and from Officer D'Auria of the Bedford Police Department, who came with a police dog in response to an appeal for assistance shortly after 11 00 p m There was only one dog involved, and that one was from Bedford, as the other dog from Burlington was not used The following is a summary report of the Town Manager "Lexington Police Department received a call at 10 17 p m on Friday, from neighbors regarding a loud and disorderly party at 117 Adams St Sgt Hickey responded and found the following situation Adams St was partially blocked by vehicles parked on both sides of the street, obstructing traffic, an estimated 150 to 200 persons were gathered at or near117 Adams St A noisy, disorderly party was in progress The occupants were Terry Brenner, age 19, and three younger brothers, ages 10, 13, and 17 We understand the parents were in Europe The crowd was inside the house, out- side on the lawn and in the street Sgt. Hickey advised the person in charge, Terry Brenner, of the complaint He, Brenner, admitted that the party had gotten out of hand and agreed he would try to break it up and get the people out of the house He was given until 11 00 p m to correct the situation At 11 00, Sgt Hickey returned and found the situation still out of control and growing worse At this point, 4 Lexington cruisers responded to Sgt Hichey's request for assistance Sgt Hickey and Officer Smith entered the house, and again advised Brenner to order the group to leave Brenner requested police assistance to get those in the house to leave Sgt Hickey directed those in the house, who did not belong there, to leave A few did cooperate, but the re111 - sponse from the remainder was verbal abuse, obscenities, and a refusal to leave 289 111 Selectmen's Meeting May 5, 1975 Sgt. Hickey and Officer Smith then left the house for their personal safety and requested additional police assistance While waiting, Sgt Hickey advised Brenner of his responsibility for the situation that existed. At this point, a younger Brenner boy ap- pealed to Sgt Hickey to get the people out of the house When additional police arrived, a small group estimated at 15, including the younger Brenner boy, cooperated and left the house Sgt Hickey, with Officers Smith and Brooks, entered the house and advised those present that they were an unlawful assembly and ordered them to leave at once. I would like to add parenthetically that it was now more than an hour since Sgt Hickey had asked for cooperation He had, by this time, repeatedly requested those who did not belong in that house or on that property to leave Except for a few, the group had repeatedly refused to comply with an appeal to reason, and finally a lawful order to disperse The police, having no alternative, now proceeded to remove individuals bodily One person was removed successfully, but upon returning inside the house, the Lexington police officers were assulted and knocked to the floor Uniforms were torn and injuries were sustained Officer D'Auria used his dog which he held by the collar at all times to go to the assistance of Lexington officers who were on the ground and being severely assaulted. This is when the dog bites occurred. Additional assistance from Burlington included one dog, which was not used Assistance was also provided by Arlington (4 officers) and the State Police (4 men) . Reports obtained from Symms Hospital early Saturday morning show a total of 10 participants were treated, 7 for dog bites on the leg, 1 for bites on the leg, forearm and left side of the head, and 2 for other injuries All were released after treatment The report that one youth had received a fractured skull is incorrect Mr ,Richard Mitchell, who reported dog bites on the leg, forearm and side of the head, requested examination because of a fractured skull received in an accident in 1974 Three arrests were made at the scene and more are expected I would also like to correct the false impression that this group con- sisted only of high school age youths Several of those identified as participants in the assult on Lexington police officers are in their mid-twenties Mr O'Connell Speaking for myself and Chief Corr, we regret injuries to anyone (no matter the circumstances) In this case, they were the consequence of persons refusing repeatedly to obey the lawful order of police officers Persons involved here re- ceived every opportunity to peaceably comply with the law Every alternative was used by police except to not enforce the law when assistance was requested I wish to commend those youths who at- atempted to get others to cooperate and who conducted themselves responsibly '290 Selectmen's Meeting May 5, 1975 It is sad but true that today atennage party intended for a few friends will frequently grow to uncontrollable size and in- clude young adult crashers with histories of disorderly conduct Parents who go away leaving the responsibility of the home solely in the hands of teenage children are risking serious trouble Police assistance should be requested early to prevent a peaceful party from being disrupted by an unvited crowd Chairman Kenney I would concur to the extent that this is an unfortunate indicent and no one feels more strongly about this type of thing than members of the police force Sgt Hickey has a reputation of being an excellent police officer and I believe he acted in a manner befitting a professional police officer Mrs Battin I have a report of a meeting of the Selectmen's Drug Advisory Committee I convened a special meeting of the Selectmen's Drug Advisory Committee on Sunday afternoon, May 4th All members were present Dr Charles Ellicott, Dr Jack Monderer, Irving Mabee and Sumner Perlman As you know, our name is now a misnomer--in recent years, the Committee has advised the Selectmen on Youth Problems generally, not just those that are drug-related Troubled young people are our concern; we administer the Select- men's youth budget The most recent incident on Friday night testifies to the presence of a problem whose dimensions need thorough identification and examination We are alarmed by the increasing polarization of111 an incensed citizenry; we feel that an opportunity should be provid- ed for every involved or concerned person to be heard. Therefore, we unanimously recommend to the Selectmen the es- tablishment of a small fact-finding study committee, the members of which are divorced from the immediate situation and its passions-- persona who have no administrative responsibility of family in- volvement The committee would look carefully into this incident and then make a report and appropriate recommendations to the Selectmen We suggest that the committee gather the data in private so that everyone has an opportunity to ventilate We recommend a committee composed of three members noted for their judgement, objectivity, fairness and wisdom, and suggest former Selectman Irving Mabee of our Committee and former Town Moderator, Robert Kent, both of whom are willing to serve " Mr Busa Is there someone here with a tape recorder and taping the meeting? Mr Charles Winchester, 57 Hancock Street Yes, I am repre- senting myself As a member of the Town, I have a personal in- terest and a knowledge of problems that existed I was in Maine yesterday and was with two officers of the Concord District Court and they told me about it but left out the names I am interested as a taxpayer Mr Busa I know he is a probation officer 291 Selectmen's Meeting May 5, 1975 Mr Winchester No, I am here as a resident of the Town Mr O'Connell I would comment on the proposed study group I have no feeling one way or another If people wish to talk, I think the first obligation is to bring it to the officials of the Town; if they then feel there is need for further review, then the steps should follow I fear that the responsibilities of Town officials involved are suddenly circumvented. No one has approach- ed the Town Manager and I invite them to do so, and if they feel it is not properly handled, to come forward I am not prejudiced either way but we should do our job with the available information Mr Busa I feel at this time we don't need a citizens' group, and I don't know why the emergency Drug Committee meeting was held As an elected official, I was elected to handle it We are re- sponsible to the citizens and I feel I have the capability of looking into it I feel that I am as impartida. as anyone can be I have children I don't personally feel I would support a cit- izens' group If people have problems or information, as Mr O'Connell said, it should be brought to the Selectmen and we will confer with the Town Manager and the Police Department and cit- izens collectively Chairman Kenney to Mr O'Connell Have people been calling you? Mr O'Connell No I have had numerous contacts with the press and radio media but no one else Dr Kessler From the amount of calls I have received, this situation has great potential for greater polarization and I would not like to see this happen I think it important for people who want to be heard - and a lot more might be evident tonight - and be heard by some group, be it the Selectmen or some group I would like some time set aside to hear people that want to say something, one at a time, or people who want to give information in writing I think we have to assume, as Selectmen, that the report we have was valid but there are many conflicting reports I don't really have strong feelings, at this time but I agree with Mr Busa, but I wonder if we have the time It is important for someone to listen Mr Bailey I was not in Town and have not seen yesterday's paper I received a telephone call last night My approach is for people to reduce their concerns to writing us, knowing we would have the report from the police and the Town Manager and knowing we will also have other written reports and, on that basis, we make judg- ment, as suggested tonight We should make a judgment for a group to look into it further Just having things from one side, I am hampered Sure, there is heat, and emotions I wonder if people who are excited at this would be as excited if they had reports in their possession From what I heard last night, there are several concerns that are controversial, and until there are explicit ' statements 292 Selectmen's Meeting May 5, 1975 Chairman Kenney I agree with Mr Bailey if in the context with which Mrs Battin is asking for review then you said the Selectmen bave the authority to review in private If we ask people to meet with us prdvately and give names and what they want to talk about, then we can sit down with closed doors and then we say to the Manager that these are the specifics Dr Kessler Fine, if there are specific people who want to testify If Mr Bailey is correct and there are only few problems, and if there are only few, and until we find out how many people want to be heard Mr Bailey I would like people to have access to these re- ports Mrs Battin Fine, I would have everybody be able to see them. Chairman Kenney We would have copies of these available to anyone who wants to see them. Mrs Anne Scigliano, Minute-man We will print them verbatim Dr Kessler If a reasonable number of people, the Select- men can hear them. Mr Buse The Selectmen are elected officials and we should find the time Mr Bailey There may be other good reasons I don't think there should be ajudgment on us Chairman Kenney Then it is agreed that this is the procedure we will follow The Selectmen agreed Transfers Mr O'Connell discussed requests for transfers from the Reserve Fund To date,the total granted is $15,240 and we are forecasting total requests of $100,716; we will he returning $13,000 to E & D, so the net is $87,716, of which $60,576 is being requested tonight 5450 - Account 5450-Road Machinery The Board had reviewed a list Road of major repairs and breakdowns and the Appropriation Committee Machinery approved an advance of $5,000 on our request for $24,000 I am now requesting $23,776 in addition to the $5,000 granted Last November, the Board will recall there was a problem of whether or not to request $52,000 to purchase a new bulldozer but it was decided to go ahead with a major overhauling at $15,000 and delete the capital item of $52 ,000 We have suffered a major problem with the BOMAC compactor and, after reviewing with the manufacturer, it will be $2,366 Because of inflation, $6,000 of the $23,776 is for gasoline 293 Selectmen's Meeting May 5, 1975 Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 5450-Road Machinery in the amount of $23,776 Account 5600-Street Lights We are requesting $29,000 in 5600 - addition to $135,000 budget to carry us throught for the year Street There is a balance now of $12,181 65; outstanding bills-$13,279 68 Lights and estimated bills to June 28-$27,000; total-$40,279.68 The estimated deficit to June 28, 1975 - $28,098 03 There has been no major increase in the number of street lights; this is the increased cost due to the increase in rates and fuel adjustment Chairman Kenney Part of it is that Boston Edison caught up with billing us. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 5600-Street Lights in the amount of $29,000 Account 5700-Sewer Maintenance We are requesting $3,500 due 5700 - to unanticipated increased cost of electricity and general main- Sewer tenance and repair of pumping stations We had budgeted a very Mtce tight figure in this account Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 5700-Sewer Maintenance in the amount of $3,500 Account 5550-Traffic Regulations and Signs We are request- 5550 - ing $1,500 Our main problem is vandalism of signs and one-third Traffic of the amount is the cost of power per month The traffic signal Regulations at Adams Street was knocked down by an unknown car and the damages were $1,000 Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 550-Traffic Regulations and Signs in the amount of $1,500. 4200 - Account 4200-Ambulance We are requesting $300 The balance Ambulance in the account iS $21 79; $100 was appropriated in FY 1975; repair bills for fixing the front end, leak in the transmission and power steering amount to $437 95 Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 4200-Ambulance in the amount of $300 Mr O'Connell We may have to ask for $2,500 for the Fire Department because of light and fuel expense but we might be able to offset that There will be a minor cost growing out of the re- placement of the chief and the Acting Deputies There were three major injuries and an abnormal number of grass fires 294 Selectmen's Meeting May 5, 1975 7550- Account 7550-Library Books We are requesting $500 for book Library purchases this year $500 was taken from the book budget (Trustee's Books Account) for a matching grant received from the State's Council on the Arts and Humanities toward the restoration of the Lexington Room Portraits The $500 wasrgtreamssZby the Town in 1975 from the State since, by law, they cannot reimburse the Trustees' Account Upon -motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 7550-Library Books in the amount of $500 Account 7500-Personal Services The Library account needs 7500- $2,000 to carry it through this year Library Upon motion duly made and seconded, it was voted to request the Personal Appropriation Committee to approve the transfer from the Reserve Services Fund to Account 7500-Library Personal Services in the amount of $2,000 2935 Mr O'Connell we will be requesting $1,000 transfer to Copier Account 2935-Office Copier end Supplies because the use of the copier has increased from 12,000 to 17,000 copies per month Also, we will need a transfer of approximately $9,000 to Account 1775-Legal Fees because of extraordinary litigation this111 year Later on in the meeting, the Appropriation Committee met with the Board to discuss the above requests for transfers Mr. Furash requested that details be submitted for further discussion by the Committee at a later scheduled meeting. ' Appropriation Mr Furash recommended that the Board seriously consider chang- Committee ing the effective date of the term of office of Appropriation Com- Appointments mittee members to conform to the fixal_ year Mr. Cohen I don't believe the By-Law deals with this problem but it does say that the Moderator can appoint after Town Meeting and you can act until your successors are appointed Mr Furash We are now acting under strength. Are you saying that a quorum can act on things? Mr. Cohen Yes The Board agreed that there should be an article for a change in the time of appointment of members of the Appropriation Committee. Chairman Kenney read a request from Mrs Sheila Robinson of Permit - Framingham to do a charcoal potraits for a fee on the Green from Denial June to September, 1975 The Board agreed to deny the request because of the regulations concerning commercial ventures on the Green 6 ` e ,) Selectmen's Meeting May 5, 1975 Upon motion duly made and seconded, it was voted to certify Cert of the character of Elihu Petnov, 73 Laconia Street, who has applied Incorp for Certificate of Incorporation, "Self-Help Knits, Inc " Upon motion duly made and seconded, it was voted to abate the Ambulance ambulance bill of Francis Scurto in the amount of $15 00 because Abatement he is a Town employee and was taken to the hospital from the Public Works Building Chairman Kenney read a letter from Mr Marvin H Greenberg Grove St 200 Grove Street, requesting traffic studies concerning children Sidewalk walking to Estabrook School from Grove Street across Eldred Street A report from the Traffic Safety Committee states that while there is concern for the safety of all children who must walk to school, we can see no greater risk involved in crossing Eldred Street than is involved in crossing School Street at Mass Avenue to attend the Maria Hastings School However, we offer for con- sideration the installation of a sidewalk along the easterly side of Grove Street from Eldred Street to the Estabrook School drive- way, and the relocation of the crossing guard to _the intersection of Eldred Street and Grove Street The Engineering Department in- forms us that the cost of such a sidewalk, approximately 300 feet long and the acompanying retaining wall which would be required, would be at least $20,000 Mr Bailey recommended that it be included in the sidewalk list for consideration in next year's Capital budget Upon motion duly made and seconded, it was voted to include Grove Street from Eldred Street to the Estabrook School in the sidewalk list for consideration in the FY 77 budget Mr Greenberg is to be so informed Chairman Kenney read a request from Grace Chapel for a street Sign - sign at Muzzey Street and Massachusetts Avenue directing tourists to Belfry the Old Belfry Club Club After discussion, the Board agreed to instruct Mr McSweeney to make arrangements to meet with the Historic Districts Commission for approval of the installation of the sign Hopefully, this will be accomplished without a hearing The Board discussed the meeting to be held in Estabrook Hall Reg Refuse by the Newton-Wa]4pham Regional Refuse Disposal District regarding Meeting solid waste and it was agreed that Mr Busa is to represent the Board on May 13, 1975 I 296 Selectmen's Meeting May 5, 1975 1 Executive Upon motion duly made and seconded, it was voted to go into Session Executive Session for the purpose of discussing, deliberating 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 Fire and Police Department matters, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 50 p m A true record, Attest Executive Clerk,Selectmen I I