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HomeMy WebLinkAbout1973-06-18-BOS-min :16, SELECTMEN'S MEETING June 18, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, June 18 , 1973, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse and Mrs. Rif fin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr McSweeney, Executive Clerk, were present. Mr Richard Zimmerman, President of the Lexington Cab Company, and Attorney Frederick Conroy met with the Board to discuss amendments to the Taxi Regulations . Chairman Kenney explained that the existing rules and regulations are to be amended. One amendment will be that all public vehicles for hire shall be metered, with the ex- ception of vehicles used exclusively for limousine service. By limousine we mean anything under contract that is used for wakes, weddings, etc. Also, a car used to transport school children would be used as a limousine when it is under contract. Attorney Conroy It appears to me that in other towns private liveries do not come under Chapter 40, section 22. Chairman Kenney Does it perform the same function? Does it go out on call? Lexington Attorney Conroy: Yes. Cab Company Mr. Cohen: There is nothing in the statute about a livery. If I call for a taxi and there is no taxi around and a private livery comes up, it seems to me that is a taxi. Attorney Conroy I would like to ask the Board through Town Counsel to get a ruling on the definition of private livery. Mr. Cohen: There is nothing in the statutes. Attorney Conroy: It refers only to "public" and Mr. Zimmerman does operate with liveries and we don't want con- flict Chairman Kenney: We are going to use limousine. When he transports for the school department, that would be a limousine but if used as a taxi it shall be registered as such and conform to the taxi regulations . Attorney Conroy Chapter 40 , s 22 only give author- ity for public service vehicles . Mr. Cohen: I will agree with you but the moment the call comes in for a taxi and out comes a livery, it seems to me it is a taxi. Attorney Conroy A private livery does not have the right to park at a taxi stand for a fare 1 66 Selectmen's Meeting June 18 , 1973 II Mr. Cohen: Where does it say that? Attorney Conroy It is the practice of the industry. Mr. Cohen: What if it is used as a taxi for 24 hours a day? Attorney Conroy: You are trying to draw a distinc- tion and one of the restrictions is that it cannot park at the stand. Chairman Kenney: We are saying if available to be used as a taxi, it is a taxi and it will come under the rules and regulations of a taxi. Mr Conroy: I don't think that is fair. From what I found, there is a distinction. "Mr.. Baildy I thinls :We are agreeing there is a dis- tinction = it will be used as a taxi and licensed as a taxi, and we agree if it is used this way. If you are going to operate a vehicle as a taxi, it is going to be used as a taxi. Attorney Conroy: A limousine is to be used for special functions? Mr. Busa If it is used on an hourly basis, it is used for special functions Mr. Bailey Or with a funeral director or a contract- ing party. Mr. Busa You now have a limousine or livery that has runs that are consistent day in and day out. Mr. Bailey We would ask you what kind of license you are seeking and what kind of business you want to conduct. Attorney Conroy The question was on the rules, and we feel there is a distinction between public taxis and private liveries Chairman Kenney A vehicle is to be metered and have Lexington on both sides or it is not used as a taxi. If we adopt these regulations, Mr. Zimmerman could use his other cars for school use as they are not licensed as cabs. We are going to call them all taxis, except those specifically used for contractural work, such as wakes and weddings, etc. You will note that the requirements have been that taxis are to be metered - they have been for years. Attorney Conroy: There are so many vehicles necessary to perform this function for schools and if not used for this purpose on a full time basis the total cost has to be passed on to the schools and they could be used for other purposes. Chairman Kenney Again, we are saying when they are used as taxis, they should be metered. You have them in Arlington, are they metered? 167 Selectmen's Meeting June 18 , 1973 Mr. Zimmerman We have liveries; there is a difference in Arlington We also use them for airport runs, and they are unmarked If we have a call to go to the airport, is it a limousine or a taxi? Chairman Kenney: A taxi. We will be voting the revised regulations but there will not be a change in the fares. Attorney Conroy In the event the Board votes to con- tinue the paragraph that requires metering, how much time would there be before enforcement? Chairman Kenney: You would have difficulty in obtain- ing meters? Attorney Conroy: Yes. It would take from two to four months. Mr. Zimmerman It would only be fair that our request for a rate increase go hand in hand and if you give us until October 1, we could ask for our increase then. Mr. Cohen: I think you have to keep the current rate under Phase 3 . Attorney Conroy: I will find out, Also, I would again request a definition of a limousine. Upon motion duly made and seconded, it was voted to further extend the period of time for taxi and livery licenses until July 30 , 1973. The Board agreed that Mr. Zimmerman is to be given an ap- pointment for the next meeting on July 2, Mr. Zehner, Town Treasurer, met with the Board to request approval of borrowing $1,600 ,000 in anticipation of tax revenue_loarts.4. to be dated June 22, 1973 and payable November 5 , 1973. Ten bids were received on June 15 and the lowest bidders were Lexington Trust Company, the First National Bank of Boston, and the Newton Waltham Bank and Trust Company. Treasurer Upon motion duly made and seconded, it was voted to ap- prove the recommendation of the Town Treasurer to borrow $1,600 ,000 in tax anticipation loans, to be dated June 22 , 1973 and payable November 5, 1973, from the following banks Lexington Trust Company $500,000 4.73% First National Bank of Boston 700,000 4 .76% Newton-Waltham Bank and Trust Company 400,000 4.76% Mr. Zehner also requested approval of the $1,375 ,000 bond issue, for the construction of the Cary Memorial Library addition and remodeling and equipping of the Library, sold to the National Shawmut Bank, dated July 15 , 1973 . 1G8 Selectmen' s Meeting June 18 , 1973 Upon motion duly made and seconded, it was voted to approve the sale to the National Shawmut Bank of Boston of the following 4.50 per cent bonds of the Town dated July 15, 1973; $1,375.000 Municipal Purpose Loan of 1973 Within Debt Limit (Nos. 1 to 275) payable July 15 , $150,000 in 1974, $125,000 in 1975 to 1978, $100,000 in 1979 to 1983 and $75,000 in 1984 to 1986, at 100 .176 and accrued interest. Upon motion duly made and seconded, it was voted to authorize the Treasurer to cause facsimiles of the signa- tures of the members of the Board of Selectmen to be engraved or printed on the $1,375,000 Library bond issue. Upon motion duly made and seconded, it was voted to approve the request of the Town Treasurer to sign the Arbitrage Certificate for the $1,375,000 Library bond issue. Mr. O'Connell informed the Board that the Recreation Committee had voted to increase cost for swim tags from 25 cents to 50 cents in order to defray expenses and the cost of swim tags. The Committee now requests a vote of the Board for the increase. They are trying not to pass on expenses to the taxpayers and to get a fee schedule. Chairman Kenney: I understand they are going to look into the possibility of revising the charges , such as tennis. Swim Mr. O'Connell : There is a question whether there Tags would be some form of charge. The Recreation Committee would appreciate getting the views of the Board and have a dis- cussion before they pursue it Mr. Busa: With the demand the Town has for services, I think the Town should provide the capital services and the users pay some minimal fee for the services . Chairman Kenney Before we go any further, we will have to look at the entire situation. The Board agreed. Upon motion duly made and seconded, it was voted to ap- prove the request of the Recreation Committee to increase the cost of swim tags from 25 cents to 50 cents. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliber- Executive ating or voting on matters which if made public might Session adversely affect the public security, financial interests of the Town or the reputation of a person. After discussion of a transportation matter, it was voted to go out of Executive Session and resume the open meeting. I j ;9 Selectmen' s Meeting June 18 , 1973 The Appropriation Committee met with the Board Mr. O 'Connell discussed the budget and said that the overall plan is to be underway by September 1 The Capital Budget will be submitted by the Department Heads by Septem- ber 1 and the preliminary budget will be submitted by Appropria- October 1. We have a target date of the preliminary budget tion review by November 15 and completed by December 15. From Committee December 15 to January 15, all three groups will have time to finalize the Capital budget and crank it into the War- rant. The Department Heads will have the expense budgets in by September 15 and the Town Manager will review them by October 15. We will have the expense budget in by not later than November 1 and it will be given to the Appropri- ation Committee by December 1 and it will be back from them by January 15 The final budget will be approved by the Board by February 1. Mr. Furash: We want to get a much earlier view of cer- tain departments than we did last year and to have some special meetings with Mr. O'Connell and department heads. Mr. O'Connell: There is the matter of salary review and negotiations. If we shoot for September 1, we could be prepared for the department heads to make recommendations in September and aim to have the salary determinations com- plete and ready to crank in by December 1. There are contract negotiations and it depends on the cooperation of the Union and whether the Union negotiators do not wait for the 11th hour. During that negotiation period, we would advise the Selectmen and we expect to have communication with the Appropriation Committee as to what the whole status appears to be. Hopefully, we will be completed by December 1 on the dollar items. On January 1, we would submit to the Board and Appro- priation Committee the final budget and have personal services out the latter part of January. Mr Furash: This schedule shows a tremendous improve- ment The Board and the Appropriation Committee agreed to go into Executive Session. 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 and re- sume the open meeting. r X70 Selectmen's Meeting June 18, 1973 Mr. O'Connell advised the Board that a contract has been placed with Mobil Oil Company for approximately 95 ,000 gallons at the bid price of 29 cents for regular and 32 cents a gallon for high-test gasoline. This repre- Fuel sents a 35 percent increase and the town must buy the Contracts sliorgge tanks and pumps. We have another contract with Gulf Oil Company for 15,000 gallons of deisel fuel at a delivered price of 20 cents a gallon. One of the condi- tions is that the equipment must be bought by the Town. "We will have a supply at a price that is pretty rough. " The Board agreed. Mr. O'Connell recommended that the contract with Sanitary C.E. Maguire, Inc. for the sanitary landfill study be Landfill amended to include $5,000 for a study of Tophet Swamp. Tophet The Planning Board will vote to approve a work order Swamp for Tophet Swamp. The appropriation was voted by the Study 1973 Annual Town Meeting under Article 28. Upon motion duly made and seconded, it was voted to amend the contract with C.E. Maguire, Inc. for a sani- tary landfill study, in the amount of $13,500 to include $5,000 for a study of Tophet Swamp, subject to approval of Town Counsel as to form. Chairman Kenney read a recommendation from the Director of Public Works/Engineering recommending a Honeywell Lexington-Waltham Mutual Aid Connection for emergency Lexington- fire protection at Honeywell, 200 Smith Street, Waltham Waltham (Spring Street, Lexington) . Honeywell had requested Mutual this and as a result of meetings with representatives Aid Con- of Honeywell and Waltham, the proposed plan will benefit nection all involved parties. This project would be subject to approval of the Metropolitan District Commission. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering for a Lexington-Waltham Mutual Aid Connection for emergency fire protection at Honeywell, 200 Smith Street, Waltham (Spring Street, Lexington) . This project will include an 8" gate valve for each munic- ipality, and all costs involved will be borne by Honeywell; both the contractor and specifications for work and materials must be approved by Lexington and Waltham. This project is subject to the approval of the M.D.C. Chairman Kenney read a letter from Ernest A. Giroux Central regarding parking in the Central Block area. Block Upon motion duly made',and seconded, it was voted to Parking refer the matter to the Traffic Committee for a recommendation. i 7 I Selectmen's Meeting June 18 , 1973 Upon motion duly made and seconded, it was voted to grant permission to Five Fields , Inc. , for the annual square dance on June 30, 1973 from 7 00 p.m. to 11:00 p.m. Permit to be held at the intersection of Barberry Road and Stone- wall Road, subject to the conditions of the Police Depart- ment Upon motion duly made and seconded, it was voted to revoke the license granted to Hospital Transportation Public Service, Inc. , Watertown, for operation of mini-shuttle Carriage buses to Raytheon, as no such service has ever been in License operation. Chairman Kenney read a petition from residents re- garding overgrown bushes at the corner of Gleason and Traffic Hiller Road constituting a traffic hazard. Hazard Upon motion duly made and seconded, it was voted to refer the matter to the Department of Public Works . Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Guides to Guides appoint the following Guides of Lexington Laurie Masten 4 Hadley Road David Cantor 2108 Massachusetts Avenue Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification cards for the following I.D. Enith Roe Blodgett 999 Waltham Street Cards Margaret W. Leabh 10 Longfellow Road Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of March 5, Minutes 1973 (Executive) and March 12 , 1973 (Open and Executive) . The Board discussed the installation of benches on the former Harrington property and other areas in the Benches Center. It was agreed that Mr. O'Connell, Town Manager, is to prepare a letter requesting funds from the Trustees of Public Trusts for the purchase and installation of benches. The Board again discussed the tree located at the Tree driveway of 30 Burlington Street and it was agreed to hold Hearing IIa tree hearing. 172 Selectmen's Meeting June 18 , 1973 Upon motion duly made and seconded, it was voted to instruct Mr. McSweeney to post the tree located at the driveway of 30 Burlington Street, owned by Fred C. Coughlan, and to hold a tree hearing. Chairman Kenney informed the Board that Mrs. Riffin is concerned about the May 29th letter received from the Office of Administration and Finance concerning the new proposed A & F regions. Hearings are to be held to determine the best regional boundaries for all state and federal programs which are organized on a regional basis within the Commonwealth. Proposed After discussion, it was agreed that Mrs. Riffin is to Sub State draft a letter to be sent to Governor Sargent and the Execu- Regions tive Office for Administration and Finance stating that the Lexington Board of Selectmen supports the use of two sets of boundaries for regional and area lines. The Board favors the maintenance of the present set of boundary lines for the planning and development of social services (health, mental health, retardation, Office of Children, Department of Youth Services, etc. ) and a separate set of boundaries for land use, transportation, and environmental control. The social services and citizen relationships which have taken years to develop within the structures of the exist- ing boundaries work effectively and should be retained. Mrs. Riff in informed the Board that at the meeting held last week on re-organization, Secretary Altshuler had discussed H6109 (which would set up regional transportation across the State) and he had outlined what effect it would Red Line have on the area and the communities outside the area, and would require more Chapter 90 funds. The question was asked relative to the Red Line Extension but Secretary Altshuler would not give his view on this as Lexington had't come in with its position, and until that point he wouldn't make a public statement. Chairman Kenney asked the Board' s feeling regarding Chapter 90 the Chapter 90 East Street reconstruction. East St. Upon motion duly made and seconded, it was voted to request the State Department of Public Works to advertise the Chapter 90 East Street reconstruction. Chairman Kenney reminded the Board of the meeting scheduled with State DPW Commissioner Campbell on June 21. Upon motion duly made and seconded, it was voted to adjourn at 10 :55 p.m. A true record, Attest: Executive Clerk, Select n