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HomeMy WebLinkAbout1973-07-02-BOS-min _'r e 11 SELECTMEN'S MEETING July 2 , 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, July 2, 1973, at 7 :30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown and Mrs. Riff in; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Execu- tive Clerk, were present. Mr. Richard Zimmerman and Attorney Frederick Conroy met with the Board to discuss the amended rules and regulations for taxis. Attorney Conroy: After our last meeting with you on June 18, I checked with the Stabilization Board and it was their opinion that no type of increase can be allowed under the President's Phase 3 . There are some procedures which can be made for hardship occasions but no procedures could be effected or allowed between now and August 12. Chairman Kenney: It doesn't surprise me We under- stand from talking with Mr. Zimmerman that he would need some time for metering the cabs and it, therefore, becomes r a moot point. Taxis Attorney Conroy They won't know until August 12 and they can't predict what will happen after that. Hopefully, there would be something that would permit the increase. Mr. Brown: May I ask Town Counsel if he has ques- tions? Mr. Cohen None Chairman Kenney: We would then adopt the rules and regulations. Attorney Conroy We would request that you postpone this because of the built-in costs and the insurance factor. Postpone it until something is given him on a fair schedule. Mr. Bailey: If we started enforcing the existing rules, he would be in the same barrel, wouldn't he? Attorney Conroy Nobody can deny that. Mr. Bailey: I feel whichever way we go, we have a problem. Chairman Kenney: What if we adopt revised rules with 90 day compliance and he can come back sometime after August 12. Mr. Cohen The only thing required is metering, and the old rules say they have to be metered. I 174 Selectmen's Meeting July 2 , 1973 Mr. Bailey: That is true. Chairman Kenney He has to effect the insurance change and the physical thing on the meters. We would be adopt- ing new rules and regulations, but with the existing rates - with the understanding that the Board is somewhat sympathetic with his request for a rate change as it has been 4 years and sometime after August 12 to come back with his request. Also, to allow him until October 1 to effect the change in the meters. Mr. Brown The regulations include meters, and it bothers me that he hasn 't had the meters - and be sure to have it on record. Chairman Kenney: In the past, we had liveries but we are no longer recognizing them. You will have limousines, and I emphasize that this is a vehicle to be used exclu- sively for weddings, funerals, and school pupil transporta- tion. A vehicle cannot be licensed as a limousine if it is used for taxi purposes at any time. Mr. Brown to Attorney Conroy Are you agreeing with this? Attorney Conroy No. I understand what the Chairman is saying and I am saying, "no. " I don't agree with it but it has nothing to do with what we will do. Chairman Kenney Secondly, to have the picture on the license and there is the item of parking in the Town lot overnight. Mr. Zimmerman We don't park there overnight Mr. McSweeney: What time are they in there? Mr. Zimmerman Until 11 00 o'clock - then we go to bed. Mr. McSweeney: What time are you in there in the morn- ing? Mr. Zimmerman No earlier than 6 :00 a.m. Chairman Kenney: The motion could be to adopt the re- vised rules and regulations with the understanding that Mr. Zimmerman has until October 1 for full compliance. Sometime after October 12 you can apply for the rate bhange. Attorney Conroy Do you want a new application or hold this request in abeyance? Mr. Cohen You should make application for a new rate increase and you should make your application for taxi licenses as they have been extended until July 30. Attorney Conroy: If you extend the present licenses until October 1, all licenses will be for taxi licenses? Mr. Cohen The Chairman is saying as far as making you put in meters for vehicles not already metered, there will be a grace period until October 1. 1 1 IL / ,) Selectmen's Meeting July 2 , 1973 Attorney Conroy: Vehicles that are operated as liveries at the moment don't have taxi plates. Mr. Cohen: You already have the insurance for the calendar year? Mr. Zimmerman: I will have to change the insurance and put in the meters. Chairman Kenney: We could issue licenses until October 1. Mr. Brown: Is this a livery license or taxi? A livery license is not legal under our present regulations. Chairman Kenney He is not following the regulations between a livery and taxi. Mr Cohen: I thought you would issue them with a stipu- lation that you wouldn' t enforce until October 1. I would say, come in and apply for 19 taxi licenses , but if the insurance makes a difference. . . . Chairman Kenney The motion could be to adopt the revised rules and regulations with the understanding that Mr. Zimmerman has until October 1 for full compliance. Mr. Busa I won't go along with that. It is perpe- trating an illegal procedure. I am not voting to condone what he is doing illegally. I will vote to adopt the rules and regulations tonight. Upon motion duly made and seconded, it was voted to Vote adopt the Town of Lexington Rules and Regulations Governing Taxi Hackney Carriages , Taxicabs, and Other Public Vehicles for Rules the Carrying of Passengers for Hire, to become effective upon publication in the Lexington Minute-man issue of July 12, 1973. Mr. Cohen Regarding the licenses, are you suggesting they come in at the end of July and apply for a temporary license until October 1 , and then on October 1 to come in for a permanent license that would apply? Mr. Brown: I would go along with Mr. Busa that we don't do anything about this because the licenses are illegal,. Chairman Kenney: We should go along in fairness that the matter of liveries came up and his interpretation and ours differed. Attorney Conroy: This is not peculiar to Lexington alone; there are other Towns that do this. This is nothing that Mr. Zimmerman created - it is universal. r Mr Bailey: Whose fault is it? Is it the enforcing authority? We have to answer that. I think we have learned something. Upon motion duly made and seconded, it was voted to extend the existing licenses issued to the Lexington Cab Vote Company and 81 Woburn Street Corporation from July 30, Taxi 1973 to October 1, 1973. License 176 Selectmen' s Meeting July 2, 1973 11 Mr. Zimmerman and Attorney Conroy retired from the meeting For the record, the following rules and regulations were adopted by the Board of Selectmen on July 2 , 1973 , to become effective upon publication in the Lexington Minute-man issue of July 12, 1973 : TOWN OF LEXINGTON RULES AND REGULATIONS GOVERNING HACKNEY CARRIAGES, TAXICABS, AND OTHER PUBLIC VEHICLES FOR THE CARRYING OF PASSENGERS FOR HIRE The following rules and regulations shall apply to hackney carriages , taxicabs and other public vehicles for the carrying of passengers for hire (hereinafter termed public vehicles for hire) within the limits of the Town of Lexington, except regularly franchised railroad and bus companies. Said rules as set forth shall in no manner conflict with existing State laws, rules or regu- lations, which sall take precedence over local rules , regulations or ordinances. 1. LICENSES; GENERAL RULES a. No person, company or corporation shall operate or permit to be operated any public vehicle for hire within the Town of Lexington, except a citizen of these United States, who has been a resident of said Town for six (6) months prior to application for a license to so operate. This regulation shall not prohibit such a vehicle from another city or town from coming into Lexington on a telephone request from a customer, or to discharge a passenger picked up elsewhere. Such out of town vehicles shall not engage in cruising or soliciting fares in Lexington. A company or corporation desiring a license to use a vehicle as a public vehicle for hire shall show that their principal place of business is in Lexington. 11. LICENSE TO USE A VEHICLE AS A PUBLIC VEHICLE FOR HIRE a.. Application for a license to use a vehicle as a public vehicle for hire shall be made in writing to the7Board of Selectmen who shall investigate or cause to be in- vestigated, each applicant as to character, honesty, and integrity. Said applicant shall satisfy the Board of Selectmen that his vehicle is properly registered 177 Selectmen's Meeting July 2, 1973 with and inspected by the Registry of Motor Vehicles. He may then receive a license to use the vehicle so registered. Each vehicle so registered, except as provided below, shall bear the license number, the name or trade name of the owner and the wed "Lexing- ton" on both sides thereof in letters not less than four inches high and one-half inch wide. Public vehicles for hire to be used exclusively for limou- sine service shall be exempt from the aforementioned marking requirements. b The fee for each vehicle registered and licensed as a public vehicle for hire shall be $1.00. 111. LICENSE FOR DRIVER OF PUBLIC VEHICLE FOR HIRE a. Application to operate or drive a public vehicle for hire shall be made in like manner to the Board of Selectmen, who shall investigate through the Police Department, each applicant as to honesty, sobriety, and criminal record and including evidence of bad character. Such applicant shall be required to show that he is twenty-one years of age or over eighteen years old with driver education permit, a citizen and is properly licensed by the Registry of Motor Vehicles. Applications shall be accompanied by the fee of $5.00 for each person so licensed Said license shall have a picture or photograph of licensee on upper left corner of license, not to ex- ceed size 2 1/2" by 2 1/2" . b. The rest of said license must carry the licensee's name, license number, and"description. This license shall be placed in a suitable glass fronted frame, to be attached to the back of the driver's seat, and in view of the passenger. The license shall be so placed in any properly registered public vehicle for hire that the driver may be operating. IV. LICENSING AUTHORITY; EXPIRATION OF LICENSES a. Applications for a license to use a vehicle as a public vehicle for hire and for a license to operate the same shall be received by the Board of Selectmen, and author- !' ity to grant, suspend, and revoke said licenses shall be vested in the Board of Selectmen. Any person aggrieved by the decision of the Board may be granted a hearing if re- quested in writing within ten days thereof. 178 Selectmen's Meeting July 2 , 1973 b. Everysuch license shall expire on the first dayof P May next ensuing the year after the date of its issue. V. OPERATION OF A PUBLIC VEHICLE FOR HIRE A. Every company or corporation and driver of such vehi- cles shall at all times comply with and observe all State laws, rules, regulations , and Town By-Laws, rules and regulations. b. Drivers shall at all times, when driving such vehicles be neat and clean, courteous , and quiet in demeanor. Wearing of uniforms, or parts thereof, shall be optional. c. They shall at no time knowingly transport a person who is suffering from a contagious disease . If such a person is unknowingly transported, and this fact sub- sequently becomes known to the driver , he shall cause such vehicle to be thoroughly fumigated immediately upon obtaining such knowledge. d. They shall at no time transport any person who is in an intoxicated condition and who is loud, boisterous, or troublesome, unless such transportation is so ordered by a police officer. No other person shall be permitted in the car while transporting a person in an intoxicated condition unless such person is accompanying the intoxicated individual. e. They shall at no time engage in the transportation of liquor or unlawful drugs or contraband, contrary to law. They shall not act as procurers for immoral houses or persons, and shall not furnish information as to where liquor, gaming, prostitution or vice might be obtained. f They shall at all times keep their vehicles clean inside, and same shall be subject to inspection by Police at all times. g They shall not refuse to transport a passenger except those mentioned in subsections (c) and (d) of this section. They shall refuse to transport a passenger or passengers who are engaged in the preparations for or actual commissions of crime. In the case of the commission of a crime or the preparation thereof, or an attempt to do so, the drivers shall take no part. 179 Selectmen's Meeting July 2 , 1973 h They shall not engage in the so-called practice of cruising, or soliciting trade, while driving slowly on a public way. i. Public stands may be designated by the Board of Selectmen. Stands for public vehicles for hire shall be so designated and marked, and it shall be the duty of the Police to see that these stands shall be re- served for the use of such vehicles, from which the general public shall be excluded. If more than one company exercises the use of these taxi stands , they shall be used cgually. j . Every driver or operator shall upon demand of a passenger, police officer, Motor Vehicle Inspector, or other duly constituted peace officer, produce for examination his license to operate motor vehicles in this Commonwealth and his license to drive a public vehicle for hire. k. It shall be unlawful for any passenger to evade or re- fuse to pay a reasonable or established fare 1. It shall be unlawful for any company or corporation or person acting as an agent therefor to permit any person not properly licensed to operate a public vehicle for hire. VI . RATES OR FARES; METERS a. For public vehicles for hire, the rates within the limits of the Town of Lexington shall be .60 for the first half-mile .10 for each sixth of a mile thereafter b. For trips out of the town, a reasonable rate may be charged. A driver shall state the rate to be charged for such a trip to a prospective passenger before initiating the same. c No charge shall be made for hand baggage. A charge not to exceed .75 may be assessed for carrying a trunk. A thunk shall not be transported if it interferes with a driver's vision or proper operation of a vehicle. d. All public vehicles for hire shall be metered with the exception of vehicles used exclusively for limousine service. 180 Selectmen's Meeting July 2, 1973 e. Drivers shall not pick up a passenger when the public vehicle for hire is already engaged, without the con- sent of the first customer or passenger. f. The rates to be charged by a future licensee must con- form to subsections (a) , (b) and (c) of this section. VII . PENALTIES a. For violation of any of the rules , regulations , or by-laws enumerated herein, a fine of not more than $20.00 may be imposed and the violator is liable to a suspension or revocation of his license to operate a public vehicle for hire. b. All violations shall be noted by the Police, and re- ported to the Chief of Police, who in turn may at his discretion dismiss the complaint, institute court proceedings, or pass the matter on to the Board of Selectmen for appropriate action. VIII. MISCELLANE0Ua These rules and regulations were adopted by the Board 11of Selectmen on July 2, 1973 . Chairman Kenney read a request from Mrs . Marion H. Snow, 197 Woburn Street, to tie into the sewer line which is now under construction along Woburn Street A report was read from the Director of Public Works/ Engineering recommending that the request be approved as the contractor is presently on the site and because of Sewer the favorable bid price received for the project Also, Extension this extension had been included but was deleted at the Request request of the abutter; now, the lot has been approved for subdivision and it could be included. Upon motion duly made and seconded, it was voted to approve the request of Mrs. Marion H. Snow, 197 Woburn Street, for an extension of 200 feet of sewer and one man-hole to service the lot situated on a right-of-way off Woburn Street. East St. Upon motion duly made and seconded, it was voted to Slope sign the Order of Taking for slope easements on East Street. Easement 181 Selectmen's Meeting July 2 , 1973 Rev. R. Reinhold Abele met with the Board and pre- sented a petition, dated May 10 , 1973 , from the Clergymen of Lexington, as follows "We respectfully request that the figures and scene of the family which is holy to Christians alone, and which is at present displayed on Town property during a season of the year which is holy to Christians alone, be placed this year and in subsequent years , on property which is owned and managed by a Christian congregation, specifically the lawn of Hancock Church, approximately 100 yards from where it is now displayed on Town property and where it a*illcbe readily available for viewing by all those who would like to see it In our opinion, such a change would soon, if not immediately, reduce a minor tension within the community between citizens and groups. Hancock Church has agreed to act as host to that scene during its customary time of public display. Signed: Rev. R. Reinhold Abele, Pastor, Pilgrim Church; Henry H. Creche Clark, Pastor, Handodk United Church of Christ; Msgr. John P. Keilty, St. Brigid's Church; Rev. Harold T. Handley, Rector, Church of Our Redeemer; Rev. Robert Zoerheide , Minister, First Parish Church; Rev. Gordon MacDonald, Pastor, Grace Chapel; Cary D. Yales, Rabbi, Temple Isaiah; Donald A. Wells, Minister, Trinity Coven- ant Church; Joel H Meyers , Rabbi, Temple Emunah; Dr. Allen Broyles, Pastor, Lexington United Methodist Church; Joseph S. Roberts , Associate Pastor, First Baptist Church, Lexington; Martin M. McCabe, Pastor, Sacred Heart Parish; Larry A. Marlowe, District President, Reorganized Church of Jesus Christ of Latter Day Saints; Herbert R. Adams, Minister, Follen Church. " Chairman Kenney read a letter from the Hancobk United Church of Christ, addressed to Reverend Abele, Pilgrim Congregational Church, dated April 30 , 1973 : "My dear Reverend Abele: It was the vote of the Standing Committee of Hancock United Church of Christ on April 25 , 1973, to offer our property as a site for the creche if the town desires to put it here during the holiday season, provided the town is responsible for setting it up, taking it down, and storing it. " Mr. Abele The Council of Congregations took this up some years ago and Robert Mann reported on it, and at that time the request was sent around asking if it would act as 41.pgt during the Christmas season. Many, including the Pilgrim Church offered. By this action of the Council, the x_82 Selectmen' s Meeting July 2, 1973 matter did not ever come to a satisfactory conclusion. In talking with clergymen, it was felt that the petition, as proposed, would be the most helpful and also the solution Chairman Kenney: I guess it is a pretty clear cut re- quest. Personally, I don't consider it a big issue; it is non-issue, as I discussed with you. I think there are more important things we could put our time and energy to. People might make an issue of this, and it might make minor tension in the community but the creche has been on the Green and I think it represents a family scene, a peaceful scene, and I would point out as a matter of record that we do not have a hue and cry requesting this change. Also, to understand that if another group had a symbol they wish to display, the Board would be pleased to accommodate them. Mr. moved to accept the offer of the Hancock Church to have the creche on its lawn. Mr. Bailey: Before voting, does anyone wish to second the motion? Chairman Kenney: I think it would be to our advantage to take this under advisement and we could allow time for citizen reaction. Mr. Robert Cataldo: I am sure the Board is aware there are substantial numbers of people in the Town that want to see the creche display maintained. I would say if the Board in its judgment would move to do this, we would like the opportunity to meet with the Board. I am sure the Board is aware of the history and how it is main- tained. If the Board seeks to move the creche, we would want an opportunity to meet with the Board to discuss it. Chairman Kenney: I would see that the Board gives you the opportunity. Mr. Bailey: I would be interested in the source of the impetus. Did it come from the council, from personal belief and conscience, or as a result of letters in the Minute-man? From which direction? Did someone sit down with the Council? Rev Abele: It was primarily from the Council Orally, the first request came from the Unitarians in the community to the Council of Churches. I would appreciate it if Mr. Mann could speak. Mr. Robert Mann: When I was president of the Council, prior to Rev. Petersen, during that period of time the Council was evolving from a Council of Churches in the protestant tradition. We embraced the Catholic parishes in Lexington and then it became the Congregation for religious groups in the Town in the theological tradition In discussion of the creche on the Green, research we was done, as the minutes of the Council indicated, and Selectmen's Meeting July 2 , 1973 there was significant concern about the placement of the creche on the Green. I recall the history from the Council, which was Christian, that the historical tradi- tion, with respect to the Church and State and Government and religion, was such that it was inappropriate. It was attractive and well-maintained to those who felt inti- mately and personally about its presence on the Green It was a visible sign of lack of sensitivity to those in the Town who were not of that . . It seemed to those of Christian approach, those with a sensitive, broadly based concern for all individuals affected by the Green display, that it could be resolved by the simple expedient of re- moving it to the lawn of a Christian church rather than have it on the Green. We pursued that concept. The mantel of the Congregation changed to Rev Petersen and we had a meeting with the Town Manager and, for a variety of reasons, the matter was not brought to a head. It was my under- standing that it (petition) had its origin in the clergy of the Town, which was a habit of meeting once a month for those concerned for their congregations. In its present form, it represents the interest of the Congregation. Mr. O'Connell I offer some technical information, based upon some research material I had prior to the meeting with Mr. Mann. The figures are not the property of the Town. They were loaned to the Town for the pur- pose of allowing them to be displayed on the Green The Board took it under advisement on the matter of jurisdic- tion as to whether or not it is on the Green. Mr. Cataldo The original parts were donated; some were stolen and replaced and some repaired by private funds. Mr. Gray (former Executive Assistant) met with the Council of Churches and we did get an answer back from Rev. Petersen that they decided not to take action They were doing it at that time in a vacuum, and at our request they met with Mr. Gray. Mr. Mann I was not an officer at that time and the only meeting I had was with the Town Manager, and not Mr Gray. Mr. Busa I concur with what the Chairman said with regard to keeping the creche on the Green, and to me it would aggravate a situation that doesn't exist In your discussion, was the entire body at that meeting? When I spoke to my pastor, he was very vague and knew of no con- troversy. It was brought to him by word-of-mouth and he said if it affects one person, it should come off the Green. Is that your conclustion? - I 184 Selectmen' s Meeting July 2, 1973 Rev. Abele: I know many of the men who signed the petition fairly well and they are honorable men. Mr. Busa: I am not questioning their honesty, their integrity or reasoning. I object to you injecting it into the question. I question, whether at the meeting the Congregation had, that all the clergy were there or whether it was passed by word of mouth from Clergyman to Clergyman - and the aggravating solution that the Congregation perpe- trated by this. Rev. Abele: I am simply saying these men do object to it - the men who signed this petition. Mr Mann: To my knowledge, the Council of Congregations has not been involved in this petition, it is the clergy. Rabbi Meyers: I signed it and agree with it. What Mr. Busa is saying disturbs me. If it is a non-issue - by deny- ing this request it may make it an issue I would raise the question because I also thought long and hard before I signed it I had reluctant feelings about being here because I thought it a Protestant battle but if in fact as a community we stand behind a fundamental choice, we ask ourselves whether other religions erect symbols on the Green or whether we, as a community, want to promote any or no symbols; and that religion is the job of the religious and not the job of a community by using public land for religious display. I say that is the issue and the question that confronts us as citizens on the issue as for what public land ought to be used - and the Selectmen have in the past thought on that question - and whether public land, namely the Green, ought to be used for a religious symbol These symbols are impor- tant and beautiful but a symbol is a symbol Chairman Kenney: Thank you You are saying to deny it on the Green. Rabbi Meyers I am saying that time changes and people change, and in the light of the series of events, one can say this is, in essence, a promotion of a religion on public ground Mr. Brown This is not a new issue I was present at the Lexington Council of Churches meetings in 1965 and 1966 and the Council spent many hours on this problem It is not new; it has been for at least 20 or 30 years, ever since I have been in the Town. Creche Chairman Kenney It has, to my personal knowledge, been Vote of no consequence Upon motion duly made and seconded, it was voted to take the matter of the creche under advisement. Selectmen' s Meeting July 2, 1973 Rev. Abele: As I understand it, the creche was put on the Green namely to put Christ back in Christmas, and I support it wholeheartedly. It is not intended to remove it from public display but to put it in an appropriate place. For public safety, it probably would be in a safer place. Put the symbol in an appropriate place to get Christ back in the churches. Chairman Kenney: We will inform you when we remove it from the table. Interested persons retired from the meeting Mr. Anthony Mancini, President of the Chamber of Com- merce, and Mr. Edward Jones, Vice President of Educational Service Programs, Inc. , N.Y. , met with the Board to request consideration of a proposal to install an educational audio system on the Battle Green, Buckman Tavern, and the Visi- tors' Center to accommodate expected visitors during the Bicentennial Celebration. If approved, a 5-year contract Tourist would be signed and Educational Service Programs, Inc Audio would be solely responsible for the installation, repair System and maintenance of the system, including supplying replace- ment tapes The Town would be responsible for damages to the system. The Corporation would pay a royalty and it was pointed out that it is a local matter as to whom royalties are paid. After discussion, the Board agreed to pursue the matter after more details, in writing, were submitted by Mr. Jones. Mr. Jones agreed. Mr. Jones and Mr. Mancini retired from the meeting. Mr. O'Connell informed the Board that a request has been received from the residents of Carley Road to hold a Permit block party on Sunday, August 5, from 2:00 p.m. to 7 :00 p.m. They would assume the responsibility of placing and remov- ing sawhorses in the road The Board had no objection Chairman Kenney read a report from Mr McSweeney in reply to an objection received from Lester L. Andrews & Sons, Plumbers, that a Red Head valve must be used on the main shutoff valve on the water supply to a building. Water The Board agreed to accept Mr. McSweeney' s recommenda- Valves tion to continue the use of Red Head valves, and to so inform Lester L. Andrew & Sons. 186 Selectmen' s Meeting July 2, 1973 Chairman Kenney read a report from Mr. McSweeney re- Rolfe Rd. garding a sewer easement on Lowell Street to Rolfe Road, Sewer stating that the interests of all parties are best served by continuing with the present plans but if the Board disagreed, the matter could be further discussed. Mr. and Mrs. David Franklin, 4 Rolfe Road, were present at the meeting. Mr. Brown informed the Board that he and Mr. McSweeney had been meeting with Mr. and Mrs. Champion of 6 Rolfe Road and he would be glad to meet with the Franklins. After discussion, the Board agreed that Mr. McSweeney would set up a meeting with Mr. and Mrs. Franklin in order to resolve the situation concerning the sewer main going through their property. Chairman Kenney read a report from Mr McSweeney re- garding the culverting of the North Lexington Brook behind the Public Works garage at 201 Bedford Street. The report states that the project was as a result of the flooding of the North Lexington Brook in the area between 22 Revere St. 61 and 59 Ledgelawn Avenue, and the rear of the Town Public Works building during the heavy rains of January 19 and 20; a large portion of the B & M right-of-way was washed out and this resulted in a hazardous condition. The Highway Division took immediate action to remove heavy debris from North the brook and to clean out the three cross culverts in this Lexington area that had been completely blocked by this washout. Brook After review, it was agreed that a work order be issued for Culvert a complete reconstruction and refurbishing of this water course on a more permanent basis. As part of this project, it became necessary to remove the overgrowth of bushes and vegetation, and reshape the cross section of the stream bed and slopes. As for the culverting itself, this came as a result of the Town acquiring an inventory of used MDC water pipe from the new construction of Route 2 and this seemed an appropriate time to use this pipe, which is very large and cumbersome. While this all started be- cause of an emergency situation, it has proven to be a much needed and worthwhile maintenance project. The Board instructed Mr. McSweeney to file under the Hatch Act if there is any further expansion of the project. ledges Hamilton Chairman Kenney read a recommendation from the toad and Traffic Safety Committee that hedges be removed from the ..iberty Ave. southwest corner of Hamilton Road and Liberty Avenue to improve the sight distance I 187 Upon motion duly made and seconded, it was voted to remove the hedges from the southwest corner of Hamilton Road and Liberty Avenue which are on the Town way The Board agreed to notify the owner of the property at 37 Liberty Avenue that if he wished to save any or all of the hedges for possible replanting, they must be removed within 30 days Upon motion duly made and seconded, it was voted to Burlington table the report from Mr McSweeney regarding the tree St. Tree at 30 Burlington Street Chairman Kenney read a report from the Traffic Com- mittee stating that as a result of a petition from the residents of Brigham Road, it is recommended that a "Not Traffic a Thru Way" sign be installed to alert motorists that it Sign is not a connecting roadway. Brigham Rd Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee re- garding Brigham Road and to instruct the Director of Public Works to make arrangements for the installation of a "Not a Thru Way" sign at the beginning of Brigham Road. The Board discussed a report from the Traffic Com- mittee regarding Center parking. Chairman Kenney I met with the Traffic Committee and we reviewed Meriam Street parking and the Meriam Street parking lot and it was agreed to prepare the necessary plans and work orders to begin the extension Perimeter parking would be laid out to maximize the area. The Traffic Committee finds no traffic problem in the Central Business District parking. The study shows that existing traffic and parking conditions in these areas-are functioning properly both on a short term and all day basis. It is a matter of record that we need a minimum of 200 to 250 spaces if we are to relieve on- Traffic street parking in the area adjacent to the Central Meriam Business District. The Committee would like to provide Street adjacent parking to all professional and business estab- Parking lishments but with this shortage we cannot see reestab- Lot lishing priorities and reassigning parking to other on-street areas. The Board discussed short-term parking in the Meriam Street parking lot. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works to make arrangements to install 20 short-term parking spaces in the front of the Meriam Street parking lot Mr. Bailey We are trying to open up Massachusetts Avenue to take care of the Community School at the Baptist Church. 188 Selectmen's Meeting July 2, 1973 Mr McSweeney Parents can pull into our circular driveway and use our spaces while they walk the children across the street Chairman Kenney: The alternative is a loading zone but we don't like to set that precedent The Board discussed parking behind Craft Cleaners and Parking it was agreed to remove the heads of the meters for the Rear of purpose of all-day parking. Craft Upon motion duly made and seconded, it was voted to Cleaners instruct the Director of Public Works to make arrangements to remove the meters from the spaces in the rear of Craft Cleaners. Chairman Kenney read a report from the Traffic Com- mittee in reply to a letter from Mr. Giroux, owner of the Central Block, complaining of the Cab Company using the metered spaces around the building and directly across the street for parking school busses and a private car. Also, no metered parking is available in the Meriam Street parking lot for the use of Central Block customers. Central Additionally, access to the unloading area is very diffi- Block cult as cars are parked in Depot Place. Mr. Giroux Parking pointed out that the sidewalk project has not been com- pleted and new street lights have not been installed After discussion, the Board agreed to write to Mr. Giroux and inform him that the Traffic Committee report states that as long as vehicles using metered spaces are not in violation of the meters or time limits, there is no justification for complaint However, when violations occur in these spaces, the Police Department issues citations to the vehicles in question. The Public Works Department has been instructed to install twenty short-term meters at the front of the Meriam Street park- ing lot, and this should help the Central Block customers. Sidewalk repairs and curbing for the tree planters will be completed shortly Regarding the street lights, we will have to wait for the next Town Meeting to request the appropriation for this installation. As far as parking in Depot Place is concerned, the Board will request the owners of the Central Block and Minute-man publications for permission to install No Parking signs on the buildings. Chapter Chairman Kenney read a report from Commissioner Camp- 90 bell notifying the Town that $47,686.00 has been allocated to Lexington for Chapter 90-type local highway aid for the fiscal year 1974. These funds require no local matching and are available for use immediately for construction projects which qualify under the Old Chapter 90 guidelines and, in addition, for all projects that are eligible for 100% State financing under the new guidelines adopted by the Public Works Commission on March 28, 1973. S 9= Selectmen's Meeting July 2, 1973 Mr. McSweeney: These funds cannot be used on neighbor- hood streets, only on Chapter 90 roads. Chairman Kenney to Mr. McSweeney: We look to you for recommendations and perhaps next year you can allocate it for maintenance-type projects. Mr. McSweeney agreed and remarked that the usual Chapter 90 monies have yet to be decided upon. Chairman Kenney read a letter from the Munroe School Parent-Teacher Association Board requesting a thorough re- Traffic examination by the Board of the question of a pushbutton Munroe light at the Munroe School. School Upon motion duly made and seconded, it was voted to refer the matter to the Traffic Committee for a recommend- ation. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign liquor identification cards for the following: I.D. Card Marguerite A. Bateson 10 Welch Road Mary F. Keegan 18 Ellison Road IIJohn A. Richardson 3 Wingate Road Charlaine Ward 588 Lowell Street Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting of Minutes April 3, 1973. Chairman Kenney read a letter to the Board notify- ing the Town that Richard M Perry has been elected as President of Massachusetts Auditors and Accountants Asso- ciation Chairman Kenney read a request from the Lexington Minute-men to reschedule the "Living History" exercises Lexington on the Green to July 15 and July 29, 1973. Minute- The Board had no objection and shall so inform the men Minute-men Green Chairman Kenney read a letter from Attorney Joseph M. Cohen regarding the Board' s position on revoking the Carroll Class III license issued to John P. Carroll, Inc. of Class III Allen Street License Upon motion duly made and seconded, it was voted to refer the letter to Town Counsel Cohen. 190 Selectmen' s Meeting July 2, 1973 Upon motion duly made and seconded, it was voted to Bonds approve the following bonds for Town employees Louis A. Zehner Treasurer $120,500.00 Eleanor H. Sullivan Asst. Treasurer 30,100.00 Norma B. Jervis Asst. Town Clerk 2,000.00 Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incorporation: John R. McGrath 7 Lincoln Terrace Cert. of "New England Area Pontiac Dealer Advertising Assoc. , Inc. " Incorp. Antonio de J. Cardozo 6 Paul Revere Road Virginia L. Cardozo 6 Paul Revere Road Aurora A. Silva 11 Longfellow Road "Portuguese American Cultural Society, Inc. " Chairman Kenney informed the Board that Bora-Bora, Bora-Bora Inc. , 177 Massachusetts Avenue, has applied for a Common Common Victualler License. The Health Director recommends that the license be signed subject to his final inspection. Upon motion duly made and seconded, it was voted to sign and issue the Common Victualler License to Bora- Bora, Inc. , 177 Massachusetts Avenue, subject to final inspection by the Health Director Hours of operation are to be from 11 30 a.m. to 11:30 p m. Chairman Kenney informed the Board that the 1973-1974 jury list has been compiled and is ready to be sent to the Clerk of Courts in Cambridge. Jury Upon motion duly made and seconded, it was voted to List approve the 1973-1974 jury list as submitted. Chairman Kenney informed the Board that written com- Dogs plaints have been received about two Doberman Pinscher dogs owned by Mrs. Leonie Flannery of 22 Vine Street because of excessive barking and, also, a dog owned by Mr. Lionel L Fray, 2361A Massachusetts Avenue, is alleged to have killed chickens owned by Mr John Brucchi, 63 Paul Revere Road. The Board agreed to hold hearings on July 31, 1973. Upon motion duly made and seconded, it was voted to go Executive into Executive Session for the purpose of discussing, delib- Session erating or voting on matters which, if made public, might adversely affect the public security, financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 15 p.m. A true record, Attest: xecutive Clerk, Selec en