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HomeMy WebLinkAbout1974-10-07-BOS-min 1( 4 SELECTMEN'S MEETING October 7, 1974 ' A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, October 7, 1974 at 7 30 p.m. Acting Chairman Bailey, Messrs. Buse and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Police Chief Corr, Patrolman Allen M. McSherry, Jr. , Lt. Lloyd Policeman Faulkingham, and Sgt. Philip Taylor met with the Board. Medal of Chief Corr presented Patrolman McSherry with the Lexington Police Merit Department Medal of Merit. The award, established under Section 27 of the Department Rules and Regulations, recognizes those officers who have distinguished themselves through meritorious action in the line of duty Nomination to the Chief of Police must be made in writing within seven days of the act and is subject to review by the Chief and two officers Patrolman McSherry is the second recipient of this Police Department award, the first being Detective George (Mike) Forten on May 1, 1971 Chief Corr commended Patrolman McSherry and said there was no question but that he deserves the award by virtue of his professional skills and devotion to duty Chief Corr read Special Order No 2, dated September 12, 1974 as follows "The below named officer is hereby officially commended in special orders by virtue of his professional skills and devotion to duty as herein defined McSherry, Allen M. Jr. Patrolman On November 2, 1970, at approximately 2 00 p.m. and while off duty, Patrolman McSherry observed a man with a gun at the intersection of Massachusetts Avenue and Clarke Street. The suspect was in the pro- cess of taking aim at a teenaged Lexington resident who was standing near the Minuteman Statue Without regard for hie own personal safety, Patrolman McSherry who was unarmed, confronted the suspect. With the assistance of another officer, McSherry successfully disarmed the sus- pect and took him into custody. During this encounter, the suspect's revolver was discharged in an attempt against the officer's life. On September 9, 1973, at approximately 9 30 p m. and while on duty, Patrolman McSherry had occasion to stop- a suspicious car on Route 2A. While the officer questioned him, the driver, suddenly and without warning sped away at a high rate of speed Patrolman McSherry skill- fully overtook the suspect vehicle and seized a loaded revolver from Selectmen's Meeting October 7, 1974 one! of the occupants. A passenger in the vehicle had recently escaped front state prison where he had been serving a 14 to 20 year sentence for armed robbery McSherry successfully arrested the fugitives. On November 14, 1973, at approximately 9 20 p.m and while on duty, Patrolman McSherry had occasion to stop a suspicious car on Woburn Street near the Woburn/Lexington town line. His persistance and keen instinct were responsible for the arrest of two members of a motorcy- cle! gang who were heavily armed with a loaded 25 caliber automatic, a .45 caliber automatic, and a .32 caliber revolver. With knowledge that members of this gang had threatened to kill certain members of a rival, Lexington motorcycle club, McSherry had managed to intercept thein before the threat could materialize. On August 24, 1974, at approximately 3 30 a.m. and while on duty, Patrolman McSherry had occasion to stop a motor vehicle onnPleasant Street for a minor traffic offense The officer questioned the driver carefully, then arrested him for possession of a fully loaded pistol Ballistics tests later proved that the weapon had been used in a series of armed robberies throughout Massachusetts His commanding officers, in their letter of recommendation to the Chief of Police, said this "We have never been more eager to write a letter of recommendation for a police officer than we are for Officer Allen McSherry. It is a rare occasion however, when the writer of such recommendations does not have to pause from time to time to be sure that the words sound proper and create the desired effect There will be no pause here." Each of these events, individually rather than collectively would norm- ally suggest a commanding officer's commendation. Unfortunately however, McSherry's uncommon performance of duty has become commonplace and his com{nanding officers have come to expect it, without due recognition, as typical of this officer's attitude and record of performance. Through his unselfish, professional conduct, Patrolman McSherry has reflected great credit upon himself, the law enforcement agency which he repre- sents, and the Town of Lexington In so doing, he has maintained the high principles of the Lexington Police Department In acknowledgement, Patrolman McSherry is hereby awarded the Lexington Police Department MEDAL OF MERIT The official record will show this to be Only the second such presentation in the history of the Lexington Police Department. James F. Corr Chief of Police" r 76 Selectmen's Meeting October 7, 1974 Acting Chairman Bailey, on behalf of the Board and the Town, con- gratulated Patrolman McSherry and presented him with a framed certifi- cate and a U S savings bond in the amount of $150 00 The Board discussed with Chief Corr the traffic conditions on Burlington Street Traffic Mr. Bailey We received a petition from the Burlington Street Burlington residents and referred it to the Traffic Safety Committee, who dis- Street cussed and referred it to Chief Corr for traffic enforcement. Chief Corr I wish that the people in Town would slow down when driving on Burlington Street. We have a speeding problem there and we had a patrol car in the area for three or four days We, in effect, did not see too many cars but there are more speeding vehicles than on the other small streets. I assure the Board that we will pay attention and if, in the future, there is a problem on Burlington Street, we will try and straighten it out. Mr. Bailey We will communicate to the people on Burlington Street that they will receive special attention and we hope that the residents are not caught speeding. Saint Mr. O'Connell The Board voted to support the request of the Plan- Brigid's ping Board for outside legal assistance relative to possible further litigation involving St Bridid's housing Since that time, the Plan- ping Board agreed the cost of such services would be $2,000 and we have a transfer request prepared in that amount to Account 1775-Legal Fees I recommend favorable action of the Board for transmission to the Appro- priation Committee. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from the Reserve Fund to Account 1775-Legal Fees in the amount of $2,000 Center Mr O'Connell: Mr McSweeney asked me to advise the Board the Tree tree planting program in the Center is about to go forward, and tree Planting planting to be done from Muzzey Street to the Bargain Barn Acting Chairman Bailey opened the hearing on the petition of the Boston Edison Company for the installation of conduit on Massachusetts Conduit Avenue and Woburn Street to provide service to the Russell Square condo- Mass Ave & miniums. Woburn St Notices of the hearing were sent to abutters, as listed on the petitioner's map and also filed with the Public Works Department Mr Louis Pratt, representing the Boston Edison Company, was present j and informed the Board that the conduit will be run off the existing poles; one service will come in from Massachusetts Avenue and two will come from Woburn Street Mr. Bailey read a report from Mr Coscia recommending that approval be granted for this installation. Selectmen's Meeting October 7, 1974 No one appearing in favor or in opposition, Acting Chairman Bailey declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company for the following location of conduit Massachusetts Avenue Northeasterly, approximately 239 feet south- east of Woburn Street a distance of about 8 feet Woburn Street Southerly, approximately 168 feet east of Massachusetts Avenue, a distance of about 9 feet Woburn Street Southerly, approximately 265 feet east of Massachusetts Avenue, a distance of about 8 feet Acting Chairman Bailey read a request from the Director of Public Works/Engineering to Vote- an intent to acquire- slope easements on Clarke Slope and Muzzey- Streets, with an award of no damages An appraisal from W H Easements Lyon states that no damages will be incurred by the proposed taking and Clarke & the value will be greater after the taking Mr Lyon's appraisal report Muzzey Sts excluded property at 19 Muzzey Street because of an ownership interest, and 32 Muzzey Street because of his management for the Lynah family Mr Busa If fences and shrubs are removed, will they be put back? Mr McSweeney Yes, removed and reset Upon motion duly made and seconded, the Board voted an intent to ac- quire slope easements for the reconstruction of sidewalks on Clarke and Muzzey Streets, with an award of no damages Town Counsel was instructed to prepare the necessary documents for these proposed takings Mr. O'Connell informed the Board that he will be on the panel on collective bargaining at the annual meeting of the League of Cities and Collective Towns on October 17 in Worcester A representative of the Selectmen Bargaining should be present to vote on matters concerning officers and by-law Changes. Mr. Busa agreed to attend the meeting as the designee of the Board to vote on official matters. Mr. O'Connell advised the Board that the Health Director has been contacted by Mr. Anthony Cataldo to see if he could keep eight buffalo Gold Ribbor on the property behind the Gold Ribbon Farm area. There has been recent Farm action by the Board of Appeals granting a permit for the continuation of Buffalo the business and, at the hearing, some of the neighbors objected to the permit. Mr. Smith, the Health Director, has also been approached by the neighbors stating their objection to the buffalo Mr. Smith reviewed the pertinent State law and it appears that it refers only to sheep and hogs, and there is no mention of buffalo The residents are showing great concern. 78: Selectmen's Meeting October 7, 1974 II/ Mr Bailey Are they worried about the fact that there are animals there or the fact that they are buffalo? Mr. O'Connell I think both I suggest that Town Counsel research this. The Board agreed that Town Counsel is to research the matter. Proclamation Upon motion duly made and seconded, it was voted to sign the procla- mation declaring the week of October 6-12, 1974 as National 4-H Club Week. Cert. of Upon motion duly made and seconded, it was voted to certify the char- Incorp. acter of Louis C Fillios, 19 Eliot Road, who has applied for Certificate of Incorporation, "United Hellenic-American Organizations of New England, Inc." Acting Chairman Bailey read a request from the Lions Club to conduct the Annual 4th of July carnival on July 2, 3, and 4, 1975. 4th of Mr O'Connell In our discussion with the Lions Club, it was con- July eluded that there was nothing wrong with the rules we asked them to comply Carnival with, and they gave us assurance that they understand the problem and the conditions will be lived up to Mr. Bailey The Lions Club is aware that it is up to them to see that the conditions are properly enforced Upon motion duly made and seconded, it was unanimously voted to grant permission to the Lions Club to conduct the Annual 4th of July Carnival on July 2, 3, 4, 1975 Contract Upon motion duly made and seconded, it was voted to approve the re- 75-14-E quest of the Director of Public Works/Engineering to sign Contract 75-14- Cary Hall E, awarded on September 23, 1974 to New England Painting Contractors, Framingham, for exterior painting of Cary Memorial Building, in the amount of $2,295.00 Resignation Personnel Acting Chairman Bailey read a letter of resignation from Mr. Neil Advisory Chapman as a member of the Personnel Advisory Board Board Upon motion duly made and seconded, it was voted to accept the resig- nation of Mr Neil Chapman as a member of the Personnel Advisory Board. The Board discussed a request from the Lexington Grange to hold the Use of Massachusetts Grange meetings in Cary Hall on October 27 - 29, 1974. Cary Hall The Board agreed that Cary Hall is inappropriate for such a large gathering of people, and to so inform the Lexington Grange The Board discussed a request from the Conservation Commission to Bowman Park clean up the debris in the Bowman Park and to possibly put some boulders at the entrance in order to discourage vehicles from parking there The Board agreed to request Mr McSweeney to make arrangements to clean up the area and, also, to request Chief Corr to police the area to discourage parking and littering 79 Selectmen's Meeting October 7, 1974 Mr. Busa informed the Board that there is one appointment open on Appointment the Youth Advisory Commission, and he recommended that Mr Alexander Youth Liazos, 72 Bow Street, be appointed a member-at-large. Advisory Upon motion duly made and seconded, it was voted to appoint Mr. Commission Alexander Liazos to the Youth Advisory Commission as a member-at-large. Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating, or voting on Session matters which, if made public, might adversely affect the public secu- rity, the financial interests of the Town, or the reputation of a person After discussion of a matter involving appointments, it was voted to go out of Executive Session and resume the open meeting. Members of the Citizens for Lexington Conservation were present at the meeting. Conserva- Mr O'Connell said that he is prepared to make two appointments to Comm. Appt the Conservation Commission, with the approval of the Board of Selectmen Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to appoint the following members to the Conservation Commission Mrs Susan Soloman to fill the unexpired term of Mrs. Margaret Rawls to April 1, 1977; Mr John J McWeeney to fill the unexpired term of Doctor Howard Kessler to April 1, 1976. Mr Bailey announced that the matter of the reappointment of Mr Manfred Friedman will be resolved shortly Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security, the financial interests of the Town, or the reputation of a person. After discussion with the Personnel Advisory Board it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn. at 9:55 p.m. A true record, Attest $ ">)-,c Executive Clerk, Selectmen