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HomeMy WebLinkAbout1973-04-02-BOS-min 93 SELECTMEN'S MEETING April 2, 1973 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room, Town Office Building, on Monday, April 2, 1973 at 7 00 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs Riffin; Mr. O'Connell , Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr. Cohen came into the meeting at 7 30 Chairman Kenney opened the hearing on the application from the Dunfey Corporation d.b.a. Sheraton-Lexington Motor Inn for a transfer of its lnnholder All Alcoholic Beverages License to the Dunfey Family Corporation d b.a. Sheraton-Lexington Motor Inn, by way of statutory merger. This hearing has been duly advertised by insertion in the issue Liquor of the Lexington Minute-man of March 22, 1973. Notice of the hearing Dunfey had been sent, by registered mail , to all abutters by the applicant. Family Attorney Dean Nicholson The purpose of this application is for Corp. the technical compliances of the Alcoholic Beverages Control Commis- sion. It is under the same ownership, with the exception of two officials of the Aetna Life and Casualty Company, Hartford, Connec- ticut, who are Donald M. Johnson and David S. Reed. The other owners are the five Dunfey Brothers; John P., Walter J. , Gerald F. , Robert J. and William L. Dunfey. No one being present in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the request of the Dunfey Corporation for a transfer of its lnnholder All Alcoholic Beverages license to the Dunfey Family Corporation d b.a. Sheraton-Lexington Motor Inn, by way of statutory merger The Board of Selectmen is to request the Alcoholic Beverages Control Commission for approval of the above transfer. Mr. O'Connell informed the Board that 19 bids had been received on March 27, 1973 for sanitary sewer construction on Maple Street to Sewer Woburn Street easement; Woburn Street, Leonard Road, Webb Street, Contract Young Street, and Third Street. The three lowest bidders were 72-5-E Andreassi Bros , Inc. $219,902.90; Bertoldi , Inc. , $221 ,689.50; Grandview Contracting Inc., $225,771 .00. Mr O'Connell recommended that the contract be awarded to the lowest bidder, Andreassi Bros , Inc. in the amount of $219,902.90. Upon motion duly made and seconded, it was voted to award Con- tract 72-5-E, for sanitary sewer construction, to Andreassi Bros , Inc. , West Roxbury, in the amount of $219,902.90. 94 Selectmen's Meeting April 2, 1973 Mr O'Connell informed the Board that he has received a letter from Permit Mrs Bjorklund of Lexington for approval of a Girl Scout project to clean Green up the area in the Center on April 28 and, as part of the day' s activities she requests permission for the 'Glri Scouts to hold singing exercises on the Green from 100 P.M. to 3 00 P.M. The Board had no objection. Mr. O'Connell informed the Board that the Town records are now being Microfilm- microfilmed here in the Town Office Building Last year, the Board voted ing Town authorization for the Latter Day Saints to take the Town records to the Records Cambridge Court House for microfilming; this was not done and they are now being microfilmed without leaving the Town Offices The Board discussed. the accidental shooting, in Lexington, of Loren Haskell , following an attempted assault with a motor vehicle. Concerned citizens were present at the meeting and Chairman Kenney requested a report from Mr. O'Connell . Mr O'Connell read the following report "At 3 40 A.M. March 27, the Lexington Police Department received a telephone call from the Burlington Police Department asking for assist- ance in apprehending a fleeing suspect in a stolen motor vehicle that was being pursued by three Burlington police cruisers on Middlesex Turnpike toward Lexington. Our officers were advised that the suspect Accident vehicle had made attempts to run into one of the Burlington cruisers Police and a roadblock was requested. No identification of the vehicle's Loren driver was received at that time. HaskeII A roadblock was established by patrolmen Donald Birch and George Anderson, using two cruisers at Lowell and Woburn Streets. When the suspect saw the roadblock, he slowed down and drove left into the Arco Station in an attempt to go around. The officers ran into the station area and physically confronted the vehicle, waving their arms attempting to have him stop. He swerved the vehicle and drove directly at them, and if the officers had not jumped out of the way, he would have run them down. Each officer then drew his firearm and fired one shot at a rear tire in an attempt to stop the vehicle It continued onto Woburn Street, made a U turn and came back through a fence and stopped against the house at 383 Woburn Street. The driver was found semi-conscious Iying across the front seat, suffering a bullet wound in the rear of his head. He died later that day at Massachusetts General Hospital . The results of ballistics tests have not yet been received, but available information indicates the driver was struck by one of the two shots fired by Lexington officers. The findings of the Police Chief, with which I concur are 95 Selectmen's Meeting April 2 , 1973 The shooting of the vehicle driver was purely accidental. Both police officers acted judiciously in the performance of their assigned duty. As an added precaution the prescribed police procedures which apply to this and similar situations will be reviewed. Chairman Kenney discussed an article in the Boston Globe in which the Burlington Police Chief gave the lack of radio communication as a possible cause of the accident. Mr. O'Connell We are tied in directly with area police radios but Burlington is not; their communication with Lexington is by tele- phone. Mr. Bailey to Mr. O'Connell Are there any guidelines with respect to the use of firearms? Mr. O'Connell Yes. The procedures followed in situationsi5f this kind are those which are taught at the Police Academy We will review them again to satisfy ourselves that all of the procedures are clear, and are the proper procedures in circumstances such as this. I will get a copy and report back next week. Mrs. Riffin: When will the ballistic report be available? Mr. O'Connell I can't give the exact date, however, I have a pre- , liminary report. There won't be much of a ballistic report as the bullet was removed in sections, and only limited ballistics can be made. It is not possible to establish which gun fired the bullet but it may help establish that it ricocheted. Mr. Bailey If it is in pieces, would it establish that the bullet ricocheted? Mr. O'Connell If it is less than the weight of the two pieces, it is possible it struck something else before the boy. The Board agreed that Mr. O'Connell is to submit a report next week on the use of firearms. Chairman Kenney read a request from the Lexington Chapter of Ameri- can Field Service for the use of Cary Hall for a panel Discussion on American Indian Issues on Friday evening, April 13, 1973. The Board agreed to approve the request. Chairman Kenney read a request from Mrs Barbara Barrows, 168 North Street, that the bushes at the Adams and Hancock Street rotary be trimmed. Barrows' Upon motion duly made and seconded, it was voted to refer the re- Request quest to the Director of Public Works. Chairman Kenney read a request from Mrs. Olson, 241 Marrett Road, to clean up the area along Marrett Road and Stedman Road; also, a request Requests for two signs indicating a curve in the road in this area. Upon motion duly made and seconded, it was voted to refer the first request to the Director of Public Works, and the request for the signs to the Traffic Committee. 96 Selectmen's Meeting April 2, 1973 Chairman Kenney read a reply from the Planning Board regarding the Spaulding & offer from Spaulding & Slye of an expense-free option on the land on Slye Land Bedford Street. Upon motion duly made and seconded, it was voted to table the matter until after Town Meeting. Upon motion duly made and seconded, it was voted to approve the Bond bond for Mrs. Doris E. Barclay, Collector of Taxes, in the amount of SI27,700. Concord Chairman Kenney read an invitation from Concord for the Board to Patriots' participate in the Concord Patriots' Day Parade on Thursday, April 19, Day at 9 00 A.M. Parade Mr. Busa is to represent the Board. Chairman Kenney read an invitation from the Town Celebrations Patriots" Committee for the Board to participate in the Patriots' Day Parade on Day Monday, April 16, at 7 00 A.M All Board members are to participate Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification cards for the following D ar ID Cards Sarah Jane Stetson 23 Coolidge Avenue Gavin Cyrus Cook 5 Ledge lawn Avenue Upon motion duly made and seconded, it was voted to approve the Minutes Executive Session minutes of the meeting held on January 22, 1973. Upon motion duly made and seconded, it was voted to sign the following Orders for Construction of Sewers and Orders of Sewer Taking Winter Street From Marvin Street, a distance of 190 feet, more or less, to Skyview Road. Bowser Road from Saddle Club Road, a distance of 345 feet, Construction more or less, to House No. 10. of Sewer Orders Saddle Club Road from Grant Street at No. 187, a distance of 1 ,783 feet, more or less, easterly and Southerly. Wright Street from Skyview Road, a distance of 304 feet, more or less, to James Street. Skyview Road from Winter Street, a distance of 430 feet, more or less, to Rangeway. 1 97 Selectmen's Meeting April 2, 1973 Order for Sewer Takina Kimball Road From Reed Street, a distance of 472 feet, more or less, to Hickory Street. Mr. Cohen came into the meeting at 7 30 P.M Chairman Kenney read a letter from Mrs Amelia G. Samoylenko, Trustee, Lexington Mews Trust, requesting the removal of the Town-owned fence which Lexington abuts the rear of the property at 10- 12 Muzzey Street. The letter also Mews stated that "We are willing to install a paved sidewalk of sufficient Fence width to install parking meters on the raised portion of the sidewalk and to provide a concrete curb and necessary paving at the Town parking lot. After serious consideration of the operation of the Lexington Mews, we believe that the entire removal of the fence would be the most satisfac- tory solution both aesthetically and practically. We also believe that the provisions of a raised sidewalk and curbing is an effective pedestrian control and in fact, is safer than channelling people into the parking lot to get to their cars." Mr. Busa It is my understanding that they would put in an ever- green hedge if we took the fence down. Upon motion duly made and seconded, it was voted to refer the matter to the Director of Public Works/Engineering for his recommendations to the Board. The Board discussed the annual appointments to be made. Upon motion duly made and seconded, it was voted to appoint the following for a term of office as stated Boards and Committees Name Expiration Date Town Celebrations Mafilyn L. Hall April 30, 1976 Committee Leo Gaughan April 30, 1976 William Brenchick, Jr. April 30, 1976 Annual Fence Viewers Rev Harold T Handley March 31 , 1974 Appoint- Louis A. Zehner March 31 , 1974 ments Registrar of Voters Timothy Sullivan March 31, 1976 Gemmell Legacy Income James E Collins March 31, 1974 Trustee Standing Plumbing & Build- Robert W. Custance April 30, 1976 ing By-Law Committee Leo Dunn AprLl 30, 1976 Executive Clerk Eleanor M. McCurdy March 31 , 1974 Selectmen' s Meeting April 2, 1973 Boards and Committees Name Expiration Date Bridge Charitable Fund George P. Morey March 31, 1976 Drug Advisory Committee Natalie H. Riff in March 31 , 1974 Sumner E Perlman March 31 , 1974 Dr. Jack H. Monderer March 31, 1974 Dr. Charles E. Ellicott March 31 , 1974 Irving H. Mabee March 31, 1974 Chairman Kenney said that the April 16 parade route is being changed this year and part of the route will be on the State highway, Patriots' It is necessary to send a letter to the State Department of Public Day Works regarding this. Parade The Board agreed to write to Mr. Mistretta, District 04 Engineer, State Department of Public Works, and inform him that the Board of Se- lectmen has approved the route scheduled for the Patfiots' Day parade, and it is the understanding that the State will not be held liable for any damages to our local roads caused by the increase in traffic gen- erated by any detours. Chairman Kenney read a letter from Edwin B. Worthen, Jr. , 35 Dexter Road, stating that he felt the Central Fire Station trim should be Central painted white Fire Mr. O'Connell The permit says that "all new woodwork is to be Station painted the color of the woodwork of the present building." This de- termination was made by the Historic Districts Commission. The Board agreed to ask for comments from the Historic District Commission. Great Chairman Kenney informed the Board that nothing has been received Meadow from the Great Meadow Committee regarding the Wetlands article. Article The Board agreed to discuss the matter at the meeting of April 9. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, would adversely affect the public Session 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 adjourn at 7 58 P.M. A true record, Attest 46.0",,,, )' Executive Clerk, Selectmen I