Loading...
HomeMy WebLinkAbout1973-04-17-BOS-min 1015 SELECTMEN'S MEETING April 17, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, April 17, 1973, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Riffin; Mr. O'Connell , Town Manager; Mr Cohen, Town Counsel Mrs. McCurdy, Executive Clerk, were present. Mr O'Connell informed the Board that he had invited David Hughes, Chairman of the Lexington Safety Committee to talk on Town Safety problems Mr. Hughes We are working on a plan to conduct Employee Safety Week in Lexington With the help of insurance representatives, we have set up a tentative program, which will include safety classes and a driver's safety program. Ninety percent of accidents happen with the custodians, kitchen personnel , and Department of Public Works employees. There will be a class to educate the kitchen employees, and we will try to get suggestions from them on safety On Monday, there will be a 30-minute class on safety at the Clarke Junior High at 10.30 a.m. ; also, a 30-minute program at the Diamond Junior High at 115 p.m. On Tuesday, there will be a 2-hour class on a driver's training program at the Town Barn with insurance company representatives, an inspector, and Police Employee Captain Lima; this will include a short movie and demonstration of a Safety reflex machine for drivers. On Wednesday, there will be a 30-minute Program class at the High School at 2 00 p.m. for custodians We need to re- duce the time loss accidents, which are needless accidents. From an administrative viewpoint, we would promote the idea by an effective poster campaign and would put them up in appropriate places in the Town to stimulate interest in safety and to get the message across We would have a subcommittee in different departments with key men in safety reporting to a safety supervisor. This is the first step towards a safety program and we will have a "zero-in" safety week Mr O'Connell I would emphasize that the Safety Board did a good job in getting the program organized and by identifying accident reduc- tion opportunities; accidents tended to be concentrated in two or three places This is not a one-shot affair but a kick-off We pay $60,000 in Workmen's Compensation and we can invest time in this. Mr. Bailey Do you have the School Committee locked in philosoph- ically? Mr. Hughes I have talked with Mr. Maclnnes but I wanted to get the Board's reaction first. Chairman Kenney Speaking for the Board, we encourage you in your endeavors and wish you success. Mr. Hughes: We have the Insurance Companies to assist us and we should take advantage of the material costs. Mr. Hughes retired from the meeting. 106 Selectmen's Meeting April 17, 1973 Mr. O'Connell informed the Board that a request has been received Permit from the Veterans of Foreign Wars to conduct a sale of poppies through- out the Town on May 24, 25, and 26, 1973. The Board had no objection. Mr. O'Connell informed the Board that a request has been received Permit from the Lexington Summer Co-op for permission to use the Depot Square lawn on May 19, 1973 for Aloha Day. The Board agreed to grant permission. Mr. O'Connell discussed the letter written by Sidney J. Siegel of 7 Burnham Road to Postmaster Walker concerning the inconvenience of the mailboxes located near the Town Offices and the Post Office, Mr Siegel felt it was very annoying not to be able to deposit mail from the driver's side of the car and suggested moving the mailboxes to other Mailboxes locations. Mr. O'Connell: The Post Office Department has made it clear and insists on having the mailboxes close to the Post Office, and said it was impractical to have the boxes located where Mr. Siegel recommends. The Postmaster has investigated this request and is to answer Mr. Siegel. Representative Cole came into the meeting. Mr. O'Connell The news was released today regarding changes at Hanscom Field. All Air Force flying activity will terminate by 111 September, 1973. The reason for making the changes is that the Air Force can no longer justify the cost; they have 5 percent of the traffic volume and the other 95 percent is commercial , private planes, etc. They plan to turn the operation of the field back to the Mass. Port Authority. The maintenance cost alone is $700,000 per year. There is no plan for a change in the Electronic Center, only in the flying field. There will be an Air Force recruiting group of 50 people from Westover. Reserve personnel will go to Westover; 94 people are affected at Hanscom Hanscom. Lexington impact seems to be 1 ) jobs. 2) it has solved the Field noise problem. 3) Rest of the question is the matter of whatever the plans develop for the future of Hanscom. Mr. Brown Will they eliminate the air shows? Mr. O'Connell : I would think so because, essentially, it is an Air Force installation. It will be purely an R & D Center, located at a commercial airport. Mr. Brown The planes coming in now are mostly hospital planes and they now go to Logan. Mr. O'Connell That unit will be transferred to Kirkland Air Base. Mr. Brown Do you have a feeling about the number of personnel that now own homes in Lexington? Mr. O'Connell They said they had not made that determination but the most likely effect would be that they are now oversubscribed on the base and there would be a transfer from off-base. By law, they are re- quired to transfer them onto the base. 1 (11( Selectmen' Meeting April 17, 1973 Mr Brown That would leave empty houses in Lexington. Mr. O'Connell It could. Chairman Kenney Are they using the figure of 235 here in the military? Mr. O'Connell Some are Reserve personnel ; that would be the maximum figure and possibly it could be less than that. Mr. O'Connell to Mr. Cole What kinds of ,jobs are listed other than aircraft, maintenance, flight crews, and supoort personnel. Mr. Cole E.S.D. ; there is a certain amount of flying with E.S.D. and they depend on that support for their flying time. Mr. O'Connell E.S.D. will be stationed elsewhere and will fly in here. Chairman Kenney: We have invited Mr. Cole to meet with us tonight so that he may keep us informed of the plans for Hanscom Field. Mr. Cole agreed to watch the situation, and retired from the meeting. The Board discussed the request from the Youth Advisory Committee for a change in the Committee By-Laws by decreasing the number of members. Youth It was agreed to invite the Chairman to meet with the Board next Committee week. The Board also agreed to take care of the printing of 1 ,000 questionnaires for the committee. Chairman Kenney read a petition from residents regarding the condition of Town-owned land, which had been turned over to the Town by Cluster Zoning, in the area of Emerson Road-Maureen. Road due to construction on East Street. A report from the Director of Public Works was read stating that Complaint it has been the practice to cooperate with the contractors in using Town-owned land for stock piling, etc. The contractors have agreed to remove the hot-top and clean up the area immediately; then, the area will be graded and seeded. The Board agreed to inform the residents that the area will be cleaned up as soon as possible. Mrs. Riffin The Town is taking over land received by Cluster Zoning and I feel the neighbors could maintain it by getting together and really use it as a recreation area. Chairman Kenney Do you envision a change in the title? Mr. Bailey No. Cluster Mr. Busa: Personally, I feel at some point in time the Town Zoning should do it. Mrs. Riffin The zoning option gives leeway that it could be done. I think we ought to explore it further. Chairman Kenney Why not see what the Planning Board has to say about is. Mrs. Riffin: At some time, we could. fus Selectmen' s Meeting April 17, 1973 Chairman Kenney a read petition from residents of Valleyfield Road Y Traffic and Grassland Street regarding children crossing Waltham Street to at- Franklin tend the Franklin School. School Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Chairman Kenney read a letter from Alden F. Westerlund, 18 Hamblen Street, stating that his front yard becomes flooded after a heavy rain- fall because there is an open drainage brook which passes through one Drainage side of his property and enters an 8" pipe at the streetline, which is 18 Hamblen incapable of handling the volume of water that comes through the brook. A report from the director of Public Works was read stating that his department had investigated and found that the blockage was caused by an accumulation of leaves. After the leaves were removed, within 15 minutes the flooding completely subsided. The report also included other recommendations to alleviate the drainage conditions. Upon motion duly made and seconded, it was voted to table the matter pending cost estimates from Mr. McSweeney. Chairman Kenney read a request from Mr. and Mrs. Frank Sanderson, 5 Meadow Brook Avenue for deferment of sewer betterment charges on Lots 297, 298 and 299 Meadow Brook Avenue because the land is not being used. The further request was to have these lots included in the list of lots previously deferred by the Board in 1971 and 1972 for Sanderson 3-year periods from the dates voted. Abatement Upon motion duly made and seconded, it was voted to defer payment of sewer betterment assessments for Lots 297, 298 and 299 Meadow Brook Avenue, owned by Frank J. and Charlotte Sanderson of 5 Meadow Brook Avenue, without interest, until said land or any part is built upon, sold or until the expiration date of November I , 1974, whichever event occurs first; provided, however, that this extension of time shall ' terminate immediately if said land or any portion thereof is built upon or sold. The following is a complete list of all lots owned by Frank J. and Charlotte Sanderson of 5 Meadow Brook Avenue, which are to have an anniversary deferment date of November I , 1974 Blossomcrest Road Sewer Water Lot 289 $436. 14 $169 50 Lot 290 356.03 90.00 Lot 291 169. 10 - Lot 292 338.20 66.00 Lot 293 338.20 66.00 Lot 294 338.20 66.00 Lot 295 338.20 66.00 Lot 296 375 82 156.00 1 1_ 09 Selectmen's Meeting April 17, 1973 Meadow Brook Avenue Sewer Lot 215 $328.70 Lot 297 321.48 Lot 298 321.48 Lot 299 366.48 Chairman Kenney read a petition, signed by members of the Committee on Social Responsibility of the First Parish in Lexington (Unitarian- Universalist), requesting the Town "to investigate the problems raised by high speed automobile chases and the use of road blocks in Lexington as most recently posed by the death of Loren Haskell , and ask that a special panel of Lexington citizens be established to review these matters and report on same in 60 days to the Board of Selectmen." The Town Manager has given the Board the follow-up information. Mr. O'Connell There is no later ballistic information. The Board raised the question on the policy on the use of firearms, the procedures on apprehending a fugitive in a stolen vehicle, and the review of procedures used. I shall read the following report I. Regarding Policy on Use of Firearms. Instructions governing use of firearms are contained in the training manual for police officers and in the Civil Service Instructions to applicants for Police Service. This is accepted as the reference manual for police officer training. Lexington Police Rules and Regulations do not include this because it is provided in the basic training given all permanent policemen at the State Police Academy. There, are five situations where use of firearms by a policeman is Request considered proper: Citizens' I, To defend himself from death or serious injury. Panel on 2. To defend another person unlawfully attacked from death or High Speed Chases injury. 3. To effect the arrest or prevent the escape of a felon when other means are insufficient. (This applied here. ) 4. To kill a dangerous or seriously injured animal . 5. To call for assistance. In general the policy is "that an officer may use any force neces- sary that is reasonable and proper to overcome any resistance to arrest." 2. Regarding Police Procedure in Apprehending Fugitive in Stolen Vehicle. If a driver's identity is known so that it is likely that he can be subsequently picked up and he is not a threat to public safety, the proce- dure is routine i .e. cruisers would be notified to be on the lookout to apprehend and place under arrest 110 Selectmen's Meeting April 17, 1973 If the driver's identity is not known (which was the situation in this case) the appropriate action depends on what the available information indicates. In this case time of day, 3 30 a.m. ; three Burlington cruisers in hot pursuit of fugitive in stolen car; request assistance of Lexington Police; ask for road block and advise that fugitive had made attempts (plural ) to run into Burling- ton cruisers; no indication of identity of driver. 1 submit that the information available to Lexington police implies danger to public safety rather than the opposite; a driver who is wanted for feloneous assault. 1 also submit that the statement given by the Burlington Police Chief to the press (about the boy being recognized by one of his men, etc. ) is inconsistent with action taken by his department, namely, hot pursuit by three cruisers plus a request for a roadblock. 3. Regarding the Question of Review and Procedures Used. Chief Corr points out that the persons as concerned as any in this type situation are the police themselves. After any serious Inci- dent there is a review by the staff to be sure that proper methods were used, or if they should be changed. This is a regular thing. Any review of police procedure should be directed to the State policy level The procedures taught and used in Lexington are the same as those taught and practiced by State level law enforcement agencies and other municipalities and are consistent with what the law not only provides for but also calls for. We must remember that a police officer is sworn to enforce the law In any matter of this kind, full consideration must include not just the inter- est and rights of the violator, but also those against whom the time is committed and those responsible for enforcement. Chairman Kenney Circumstances are such that we were not involved in a high speed chase; we set up a road block. Mr. Bailey Has anyone asked for an inquiry into the Youth Service Board regarding the boy? Mr. O'Connell: Not to my knowledge. From a purely personal obser- vation, I would remind anyone interested in this to first define the problem. In my personal judgment, what is wrong with our society that places 13 or 14 year old boys behind the wheel of an automobile? That creates the problem. To define the problem as simply the action by the police, is not the problem. The problem, in the broad sense, is worthy of public attention. Of greater concern to me, personally, is the youths that the police are apprehending this year in other crimes, who will be next year's children in stolen cars. There is not enough being done about avoiding future cases of 12 or 13 year old youths that they have to steal automobiles. 111 Selectmen's Meeting April 17, 1973 Mr. Brown: 1 don't think we can solve all of society's problems but if citizens want to look into our procedures, and we are sure they are good, intelligent people, we should encourage them to do so. They feel strongly about this. It doesn't necessarily commit them to change police procedures they are supposed to be following Mr. O'Connell They should go to the police of the State of Massachusetts. Mr. Bailey: When the citizens of Lexington elected me to the Board, they conferred a responsibility to make sure that incidents such as this are investigated to our satisfaction, and if citizens are not satisfied then we are the first people they come to, not to the operating department. It is our responsibility to see that the operating departments are operating to the needs of citizens. Chairman Kenney There is no doubt it was a tragic and unfor- tunate incident. The report has been given by the Town Manager and I am satisfied that the two police officers acted in a manner con- sistent with their obligation as police officers. If some people want to start a review board, then let them start it at the State level I certainly would not support a local committee getting into that question at a local level. Mr. Brown My answer to Mr Bailey is I can't answer questions about the whole policy because I don't know enough about it; I agree I am elected to represent the citizens but I don't have enough infor- mation Mr. Bailey Fine, you should recommend to us, through the Town Manager, to ask Chief Corr to sit down with us and inform us. Mr. Buse: 1 would like to concur with Mr. Kenney about the two police officers. These officers were involved in the Cumberland Farm situation where they received high praise in apprehending the criminal for assaulting Paula Knight. In one instance, they are doing the job all right, and in another they are doing it all wrong. We had no further information about this than what was given to the Lexington police from Burlington. Mrs. Riffin I think there should be a discussion of future policy situation to discuss the fact that these incidents are bound to be incurring more often because of increased traffic, more auto- mobiles and more children I have said to Chief Corr that all Chiefs are faced with these problems and we would like to hear from him in order to head off situations such as this. Things are not going to get any better with automobiles, traffic, and the hazards we are living with. It is unfortunate there is nothing we can do for this boy The Board agreed to set up a future meeting with Chief Corr. Upon motion duly made and seconded, it was voted not to estab- lish a citizens' review committee on police procedures, as Vote requested by the Committee on Social Responsibility of the First Parish in Lexington. Selectman Brown voted in the negative. 112 Selectmen's Meeting April 17, 1973 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on January 29, 1973. Copper Pipe Chairman Kenney informed the Board of the receipt of a final Litigation check in the copper pipe litigation, in the amount of $259.54. The check was deposited with the Treasurer. Upon motion duly made and seconded, it was voted to approve the Proclamation request from the Massachusetts Bar Association to proclaim May 1 as Lam Day USA. Upon motion duly made and seconded, it was voted to approve the Water request of the Director of Public Works to sign water abatements to Abatements the following August Schumaker 148 Wood Street $24.85 Wrong Reading Ernest J. Enright 42 Hill Street 1.00 Demand Charge Billed in error Chairman Kenney read a request from Lexington Arts and Crafts Society to conduct an Art Auction on the Buckman Tavern grounds on Permit June 30, 1973. The Board had no objection, as long as all art objects were re- produced by members of the Arts and Crafts Society. The Board discussed a memorandum from Town Counsel Cohen regard- ing the acceptance of streets in Vine Brook Realty Trust Subdivisions. Upon motion duly made and seconded, it was voted to approve the following recommendations of Town Counsel I. To authorize the Town Clerk to deliver to the Town Treasurer the certified check in the amount of $1 ,000 payable to the Town of Lexington which is being held by her. The check will then be de- posited and the funds held by the Town Treasurer in a separate fund for the account of the Director of Public Works. The money will then be used to complete work on the streets. Vine Brook 2. To authorize the Town Clerk to deliver to Town Counsel a bank Realty Sub- book containing $1 ,000 plus interest. Town Counsel will then arrange division to have the money withdrawn and a check payable to the Town of Lexington issued. The check will then be turned over to the Town Treasurer for deposit. The funds will be held as provided in above section I. 3. To authorize the Town Treasurer to draw a check in the amount of $1 ,650.46 payable to Trustee, Vine Brook Realty Trust The Town has acknowledged that this amount was being withheld from the developer pending completion of the roads and acceptance by the Town. The source of these funds will be from amounts appropriated to reimburse subdividers. X13 Selectmen's Meeting April 17, 1973 4. To authorize the Town Clerk to deliver to Town Counsel the Lexington Savings Bank Passbook No. 47791 showing a balance of $1000.00 standing in the name of Vine Brook Realty Trust, Torsten H. Reenstierna, Trustee, given as security for the bond dated March 29, 1965 5. To authorize the Town Clerk to deliver to Town Counsel a with- drawal slip on the Lexington Savings Bank signed by the aforesaid Trustee. Mr McSweeney came into the meeting and informed the Board that the State Department of Public Works is not interested in having East Street as a scenic route. Mrs. Riff in Did they agree to design it exactly as voted last year? Mr. McSweeney Yes. They are waiting for the Board to have a tree hearing. The Board agreed that Mr. McSweeney is to come back next week with a plan of East Street. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, would 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 9 20 p.m. A true record, Attest Executive Clerk, Selectmen