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HomeMy WebLinkAbout1968-09-16-BOS-min 510 SELECTMEN'S MEETING September 16, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday even- ing, September 16, 1968 at 7:30 P.M. Acting Chairman Cataldo, Messrs. Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Super- intendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenbam, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. , Mr. Gray informed the Board that a request had been re- ceived from the Tax Collector for a transfer of $300. due to Transfer an increase in staff and office supplies. Mr. Gray said that he had talked with Mrs. Barclay and she has a legitimate re- quest. Upon motion duly made and seconded, it was voted to re- quest the Appropriation Committee for a transfer from the Reserve Fund to the Tax Collector in the amount of $300. Mr. Gray requested the transfer of $1,000 to the Cleri- cal Pool to cover the expense of additional clezical help Transfer in Town Offices. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Clerical Pool in the amount of $1000. Mr. Gray informed the Board that at the meeting held Zoning- last week it was voted, subject to the approval of Town By-Laws Counsel, to post the Zoning-By-Laws in public places of the precincts for three weeks, after which time the laws become effective immediately. The Town Constable posted them today. Mr. Gray said that, on land acquisition, Mr. McSweeney Land is making arrangements to have the necessary surveys made, Acquisi- one of which is the Lloyd land. It will be checked out and tion sent to Mr. Legro. The others will be updated by Mr. Berglund. Dr. Fobert will discuss the Cotton site and Woburn Street with the School Committee and will let us know their decision. Mr. Gray said that he had discussed the Agreement be- Fire tween Boston and Lexington for Mutual Aid in Fire Fighting Mutual with Mr. Fitzgerald. Mr. Legro had questioned Section 7 Aid and said that other towns had not entered into this agree- ment which states that each party shall be liable to pay 5 71 the other for all loss or damage to property or injury or death of personnel incurred in furnishing aid under this agreement. The Fire Commissioners are meeting tonight and will let our Board know the results of their discussion. Mr. Gray informed the Board that the Traffic Study Committee had met with a representative of the Chamber of Commerce regarding parking meters. Mr. Rooney of the Parking Chamber of Commerce was asked for suggestions for improving Meters the situation. He agreed that removing the meters was not the answer to the problem. Mr. Gray said it was agreed that the Chamber of Commerce is to submit recommendations in writing to the Board. Mr. Gray said that he had a request from Mr. LaRose of North Street at the Burlington line. His neighbor has a mail box on this property and he would like to have it LaRose moved. Mr. Gray asked if the Selectmen had control of a Mail Box situation such as this . Mr. LaRose has talked to the Police Department and the Post Office Superintendent and it is not under their jurisdicti©n. The Chairman asked Mr. Gray to discuss this with Mr. Legro. Mr. Legro requested the Board to sign a release for Max and Peter Degan for damages to a hydrant on Waltham Street on May 25, 1968. The repair cost is $4.72.58. Release Upon motion duly made and seconded, it was voted to authorize Town Counsel to execute the release in the amount of $1.72.58 to Max and Peter Degan. Mr. Legro requested the Board to sign the contract between the Town of Lexington and Whitman and Howard for engineering services for the construction of lateral and interceptor sewers. Whitman & Upon motion duly made and seconded, it was voted to Howard sign the contract between the Town of Lexington and Whit- man and Howard for engineering services for the construc- tion of Grassland Street, Vaille Avenue, Hillcrest Avenue and Ewell Avenue, including drainage and sidewalk con- struction. Mr. Gray informed the Board that he had received a letter frau Mr. Gary stating that he had received approval Buckman from Mr. Muirbead of the payment of the final bill of Tavern $1,115 to the D.J. McCarty Construction Company for work done on the Buckman Tavern. The Buckman Tavern Recon- struction Committee approves payment of the bill. JL y. Upon motion duly made and seconded, it was voted to ap- prove payment of the final bill for work done on the Buck- man Tavern by the D.J. McCarty Construction Company, in the amount of $1,115. Chief Corr met with the Board. The Chairman informed Chief Corr that the Board is to interview applicants for the position of Dog Officer and they would like to hear his opinions. Chief Corr said that, obviously, he doesn' t want any- thing to do with the enforcement of the Dog Leash Act; he has had no control over Dog Officer Carlson. He has had enough problems with parking meters and speeders and he would like to see it stay under the jurisdiction of the Selectmen. As the Police Department is open twenty-four hours, he would be willing to accept telephone calls from citizens, but he would want the citizens to know that they are accepting the calls for the Dog Officer, not the Police Department. The Chairman said that although the jurisdiction is here, you have been closer to the situation than we; in effect, you are saying that you will accept calls at the station. Chief Corr said, providing that the Dog Officer is not on duty. Appoint the Dog Officer and I will be glad to help. Mr. Greeley asked Chief Corr if the Dog Officer is not Chief on duty on Saturday, how he would propose to handle it. Corr Chief Corr replied that we are handling them at the present time and don' t call the Dog Officer in. I think a Police Officer should go to the home and wake up the owner of the dog if we receive a call on disturbing the peace. Mr. Mabee asked him if he felt a Dog Officer should be full time or part time and bow much he should be paid. Chief Corr said that he can't see a full time officer. In the past it didn't take up a full eight hour day; the citizens realize if a Dog Officer means business, and he can become less than part time. The first six months will be the busiest and it will by less as the years go by. With regard to salary, I would respectfully suggest to the Board that his salary not be commensurate with a Police Officer; He is a professional and the Dog Officer would only have to know one small section. I do think part time is sufficient. Mr. Greeley asked, four hours a day? Chief Corr answered it would be plenty; if we ap- proached the problem and found out it was not enough; we could increase the time . The Chairman said that however we go along you will accept it. I 5qj Chief Corr informed the Board that one of his patrol- men had received his orders for six months of active duty. He got away with not doing the six months and they have caught up with him. I spoke to Town Counsel and he pointed out that the Board of Selectmen could appoint a third Constable and I am pressuring the fact that maybe the Board would go along with the recommendation for a third Constable . As a public official, he could be offi- cially exempt and can be put on a reserve status. He is to report on October 7th. Mr. Legro said that there would have to be an applica- tion from him stating his qualifications, and a recommend- ation from five citizens of the Town. There must be a determination by the Board of Selectmen to appoint him for a term of not over three years. Police The Chairman asked if the Army Reserve would accept this. Officer Chief Corr said that he has tried to get an answer to that question from Camp Devens and has been unsuccessful. The Chairman instructed Chief Corr to keep trying and report to the Board on next Monday evening. The Chairman requested the Board to sign the agree- ment received from the State Department of Public Works, which stated that $26,200 has been allocated for the Chapter 90 project on Lowell Street and Worthen Road. Chapter Upon motion duly made and seconded, it was voted to 90 sign the Memorandum of Understanding that the State De- partment of Public Works agrees to set aside $26,200 for the Chapter 90 project on Lowell Street and Worthen Road. Upon motion duly made and seconded, it was voted to sign water abatements for John McSweeney, $4.44; Joseph Water A. Kelley, $26.25; Mrs . W.H. Larsen, $8.75; Pasquale Abate- Luongo, .75; Robert E. Horn, $31. 5; Roger Petrie, ments $13.30; Ralph Cataldo, $78.40; Irene Revais, $24.91; William J. 'Cass, Jr. , $14.00. Upon motion duly made and seconded, it was voted to approve the following pole locations: Waltham Street, easterly side, northerly from a point approximately 33 feet north of Concord Avenue, -- Two (2) poles - (Two existing JO poles to be removed.) Pole Locations Tyler Road, northwesterly side, northeasterly from a point approximately 6 feet northeast of Winchester Drive, -- Ten (10) poles. 5 III 21 Payson Street, southwesterly side, northwesterly from a point approximately 60 feet northwest of Grassland Street, -- Four (4) poles, Guy Wire and Anchor on First Pole. Lake Street, easterly side, northerly from a point approximately 98 feet north of Massachusetts Avenue, -- Five (5) poles. Phinney Road, southeasterly side, northeasterly from a point approximately 127 feet northeast of Fairbanks Road, -- Five (5) poles, Guy Wire and Anchor on First Pole. Longfellow Road, southeasterly side, northeasterly from a point approximately 14.8 feet, northeast of Hawthorne Road, -- Four (L ) poles . Hadley Road,. southwesterly side, northeasterly from a point approximately 27 feet northwest of Eldred Street, -- Five (5) poles, Guy Wire and Anchor of Fifth Pole . Kendall Road, southeasterly side, northeasterly from a point approximately 55 feet northeast of Marrett Road, -- Three ( 3) poles . Tricorne Road, northeasterly from a point approximately 98 feet northeast of Marrett Road, -- Five (5) poles . The Chairman read a request from the Board of Appeals for a transfer of $400 from the Reserve Fund due to the greater number of hearings, increased cost of advertising Transfer and increased secretarial fees. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Board of Appeals in the amount of $1400. Upon motion duly made and seconded, it was voted to Minutes approve the Minutes of the Selectmen' s Meeting held on September 9, 1968. Upon motion duly made and seconded, it was voted to ID Cards authorize the Chairman to sign liquor identification cards for Anthony E. Polcari, Jr. , 10 Tarbell Avenue, and Timothy J. Corbett, 26 Bedford Street. Mr. Greeley informed that when the Commission for Suburban Responsibility was formed, there were no funds al- located and the Commission has minutes to be reproduced, 576 II postage and hospitality expenses. The Commission also hopes to have outside experts at their meetings. He asked if it would be possible to draw against the Selectmen' s expense account, perhaps $50 cr $75. The Chairman said that he didn' t know the balance in the account; we did run out of money last year. Mr. Legro said that he didn't know of any provisions Suburban for expenditures, except out of the Selectmen' s account. Responsi- The Commission is performing the work for the Board of bility Selectmen. If the work were done by the Selectmen them- selves and there were funds in the expense account, they would pay the expenses . The Chairman said that we could handle the repro- ducing in the office and the postage, but not hospitality; any of our hospitality expenses we take care of personally. It was agreed that Mr. Gray is to work out the ar- rangements for reproducing the minutes of the meetings of the Suburban Responsibility Commission and for the postage. Mr. Kenney said that the leaf burning season is rapid- ly approaching and suggested that a copy of the regulations voted last September be sent to the Police Chief and Fire Chief. Mr. Adams said that he had covered it in the newspaper Leaf and, if given a copy of the regulations, he woUld do the Burning II same this year. The Chairman asked Mr. Gray to take care of the matter. Hearing was declared open upon written request of Jeremiah. J._ Sullivan, Attorney for Dr. Titlebaum, 2t.6 Concord Avenue. All persons present at the hearing desiring to give evidence stood, raised their right hands and swore that the evidence to be given in this case would be the truth, the whole truth and nothing but the truth. Dog Officer Carlson, Attorney Sullivan, Mrs. Titlebaum Bussey and Mr. Bussey were present. Dog The Chairman stated thatr.otices of the hearing had been Hearing sent to all interested parties . Sullivan was asked to pre- sent his ease. Attorney Sullivan said that he was representing Dr. Titlebaum and, over a year ago , he was disturbed by the con- stant barking of the dog owne ' by Frank Bussey. We com- plained to the Board and received a reply that your investi- gation determined that restra nt was not justified. After a hearing with the County Commi sioners, he was ordered to re- strain the dog; nothing happe ed and the barking persisted. We went to Concord Court and omplained. A private detective, Dan Sullivan, was employed an stayed on the premises and kept IIa diary for November 3, November 10, and December 31, 1967. 5116 z w.w. 271 As a result of complaints from Dr. Titlebaum, Officer Carlson wrote a letter to Mr. Bussey on January 5, 1968, ordering him to restrain the dog. Since that day, Dr. Titlebaum and his family have been constantly harassed by the barking of the dog. He has written to Mr. Cataldo and Officer Carlson and, on July 3, Doctor Titlebaum was taken with a heart attack, which his Doctors feel was caused by the harassment from the dog. When he came home from the hospital, the dog was still barking constantly. I saw him in August and wrote to the Board asking for some redress under Article 27 of the Lexington By-Laws. He said that Dr. Titlebaum could not be here tonight because of his mental and physical condition. Mrs. Titlebaum will tell how it has been, and asked if the Board wanted her for a witness. The Chairman said that Officer Carlson has been with the case and has talked with Dr. Titlebaum and Mr. Bussey, and will bring the Board up to date . Officer Carlson said that a year and a half ago he did investigate the situation and wrote the Board a letter. It is my feeling that Dr. Titlebaum' s actions are unfounded. I checked with the neighbors and even the closest ones r4 dn' t complain about the dog. We did go to Court and the Judge did find Bussey guilty. I did issue a letter to Mr. Bussey. The dog had an operation by a Veterinarian•; the dog did bark to some extent but not as loud• as other dogs in the neighbor- hood. I did go back the first part of August and hear the dog bark. I complained to Mr. Bussey and, on August 8, issued a non-criminal complaint to restrain the dog. I feel with the neighbors on all sides that the complaint by Dr. Titlebaum is unfounded. The people nearby are happy that the dog is there, as there are mental patients who escape from the nearby hospital. The people next door and three doors up feel that the dog protects the children. I believe this charge is unfounded. The Chairman said, you still issued the order on August 8 to restrain the dog. Officer Carlson said that he had asked him to restrain the dog because of being found guilty by the court. The Chairman said that evidently the dog barks . Officer Carlson said that he does bark. Mr. Kenney asked if the dog is tied or behind a fence. Officer Carlson responded that he is tied. He is a young German Shepherd and there have been complaints of knocking children down, he is playful. Mr. Bussey put him on a run. The Chairman asked if Mr. Bussey has restrained the dog since you have given the order on August 8? 77 Officer Carlson replied in the negative. The Chairman asked if he had taken further steps against him and Officer Carlson replied that be bad not. Mr. Kenney asked, because of the Court's findings? Officer Carlson replied yes, and the County Com- missioner. Mr. Bussey said that this man does not live next door - it is my feeling there is something other than the dog behind this. The Chairman said that rather than get into other dogs, this hearing is on your dog. You were told to re- strain. the dog; the point is, irhy haven't you restrained it? Mr. Bussey said that Mr. ullivan said that, since January, the dog has been both ring him; the dog has been taken care of because of be sharp bark. I didn't feel that be was barking among. to be restrained any more. He made the statement t7 - t the dog bothered him after the operation. How can she dog bother him after the vocal cords have been out? Attorney Sullivan said th=t it was just the muscles. You can tell be does as he ple- ses; be has had complaints from the Doctor. As a result of the complaints, Carlson ordered him restrained agate. Despite the fact that he warned Bussey to restrain the •og, Bussey didn' t think Carlson is right. The dog is - t the rear of the Bussey property from 7 A.M. to 6 P.K. and I have testimony of the Doctor that the dog barks .onatantly every tan minutes. Bussey is just not ging to do what Carlson and the Court told him to do. This dog is a nuisance and is causing irreparable dean go to the Doctor. The Chairman asked if he ad a copy of the report from the investigator. Attorney Sullivan said th= t he did but it is the only copy he has. The Chairman said that we will make a copy for the Board and give you back the original. Attorney Sullivan maid th t after Carlson skid that the dog was to be restrained, eased on testimony from January 5 to August 8, 1968, h- is taking it into his hands; he i■ going to keep the , dog that is disturbing Doctor Tiblebaum. We are aski g for redress, asking for seoperation. She Chairman asked what w done when the dog had the operation. . Hussey said that the ' ace boa was out out of him. The Chairman asked comple ely? Mr. Bussey said that the _ag was de-barked, 518 Mr. Greeley asked if he had a letter from the Veterinarian. Mr. Busse,' said that the Veterinarian said that it might come back and, if it did, it would not be as loud. If this dog barks so much, why wait until August? Attorney Sullivan said that we have written to everybody concerned. The Chairman said that this has beep coning in this offioe constantly. Mr. Legro said that he had a question to ask Attorney Sullivan: The County Commissioners, after thsrbegring, ordered the dog restrained, a complaint was filed in Dis- triot Court and the owner of the dog was found guilty and fined? Attorney Sullivan replied that hi was fined $10.00 under the statute that states he had a constantly barking dog. You are right, as a result of non-compliance with the County Commissioner's order. Mr. Legro asked if he Vas requesting an order to have the dog destroyed. Attorney Sullivan said that Carlson was asked to stop the dog from barking; if be doesn't do that, the dog should be destroyed. Mr. Bussey asked how Dr. Titlebaum can conoentrate on one dog, other dogs in the neighborhood bark. The Chairman said that the hearing is on your dog, The Chairman declared the hearing closed. upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, Executive might adversely affect the public security, the financial Session interest of the Town or the reputation of any person. After interviews with applicants for the position of Dog Officer and discussions concerning the finances of the Town, it was voted to go out of Executive Session. Mr. Burke informed the Board that he had received a letter from the Metropolitan District Commission informing MDC him of a reduction in water pressure on September 24 and 25, due to work done on the widening of Route 2. He asked Mr. Adams to inform the public through the newspaper. Mr. McSweeney said that there was a hearing on public roads on next Wednesday at the County Courthouse and asked Street the Board if it wished him to designate a street for next Hearing year. Mr. Grey said that we asked for $60,000 last year and did not designate a street. Mr. Greeley did not think we should designate one. L spy The Chairman instructed Mr. McSweeney to tell him that we have several in mind; we do have a street that will comply with their wishes. Upon motion duly made and seconded, it was voted to adjourn at 10:35 P.M. A true record, Attest: Executive Clerk, Selectmen rie/ v i 1