LINCOLN BOARD OF SELECTMEN
MINUTES OF JANUARY 24, 2005
Gary A. Taylor, Chair
Sara A. Mattes
(Sarah Cannon Holden / Not Present)
Timothy S. Higgins, Town Administrator
Donna M. Adam, Recorder
Rick Carey, Vanasse Hangen Brustlin, Inc., Town Engineers
Brian Christy, Director, Transportation Division, Department of Telecommunications & Energy
Attorney Joel Bard, Town Counsel
Attorney Anne Hyland, Kopelman & Paige
State Senator Susan Fargo
Police Chief Kevin Mooney
Police Sergeant Sean Kennedy
The primary agenda item for this Selectmen’s Meeting was a hearing on the train whistle ban and to provide technical, public, and legal input about the issue leading to whether the Town will apply for an extension of the ban. The meeting was called to order at 7:30 p.m. by Mr. Taylor who pointed out that residents living near the railroad crossings are probably well aware that for the last week the train whistles have been sounding before all four crossings--an experiment to remind everyone what is at stake should the ban be lifted. The Town has had a whistle ban in place for the last ten years or so, however a change in law and an assessment of Lincoln’s safety situation has necessitated that Lincoln apply various mitigation steps in order to apply to continue the whistle ban. The various, possible
mitigation steps will cost the town money and the extension of the whistle ban will require that the Town accept liability for accidents that happen at the crossings.
Timothy Higgins is responsible for monitoring the changes to the Federal regulations around railroad maintenance, the whistle ban, and other related issues, and for keeping the other boards informed of those issues. Under Federal and state law the Selectmen have the responsibility to determine whether or not the petition to keep the ban is filed on behalf of the Town; the Federal Railway makes the ultimate determination. There has been a strong expression of support for continuing the ban—at the same time it is important that the Town understand the implications of the ban in terms of (1) the physical changes that will be required at the crossings, (2) the cost associated with the changes, and (3) liability. There are also ongoing responsibilities if the Town is successful in maintaining the whistle ban. In the
late ‘80’s, early ‘90’s there seemed to be a stepped up effort by the railway regulators to take a look at data concerning safety around the nation’s crossings. In 1994 a major study was released which concluded that the likelihood of accidents at crossings where train horns are banned is 84% greater than at crossings where the horns are sounded. That thinking prompted Congress to adopt the Swift Railroad Act . One of the things the Swift Act did was to direct the Secretary of Transportation to issue regulations requiring the sounding of horns at all crossings—to be accomplished within This was not very well received around the country. At that time Lincoln and several other towns did what they could to get word through to our Congressional Delegation that they did not think the direction this was heading was in the Town’s best interest and that our analysis of the process that the so called ‘one size fits all’ approach was not a good approach—not from a quality of life standpoint, and not from a safety standpoint would this make an appreciable difference.
Lincoln’s activity in the ’94-’95 timeframe, in ‘96 and again in 2000 there were different iterations of the opposition that we mounted as the discussions in Congress and the FRA evolved. Despite those efforts in January of 2000 the Federal Railway Administration did issue its preliminary rule and again there was much reaction to that and suggestions on how it could be amended and improved. The latest update we have is that this new regulation known as the Train Whistle Rule will become effective on April 1, 2005. The rule is predicated on the assumption that train whistles improve safety. Our experience suggests otherwise. From the Town’s perspective, in order to eliminate whistles the Town must demonstrate that doing so does not create unreasonable safety risks. Communities
must go through an assessment to determine what is known as a Quite Risk Index. There are several variables, but the two main variables are traffic volume and accident history and unfortunately within the established time for the study Lincoln has had a number of accidents at the crossings. They are accidents which were not in our control, but accidents just the same and there is an on line risk calculator which determines the threshold and under the formula we do not qualify. Lincoln therefore has two options—we can allow the whistle ban to pass or the Board of Selectman can select a petition asking that the whistle ban continue.
Brian Christy (Transportation Division, Department of Telecommunications & Energy) explained that the DTE has oversight over the MBTA and that up until this rule, the MBTA had jurisdiction to cease whistling at crossings. A study was undertaken in conjunction with the MMA of the eighteen cities and towns which showed that fourteen did qualify under the pre-existing quiet zone and were not obligated to make any changes to their crossings at the present time. The four towns, including Lincoln had accidents during the five-year study period which weighed heavily in to putting them in to non-compliance. There is a calculator input, a risk formula which includes such things as number of vehicles, number of trains per day, number of trains per night which give a number called a Quiet Zone Risk Index. The Quiet Zone Risk
Index cannot be any more than two times the National Significant Risk Threshold (NSRT) if a town is to maintain its Quiet Zone. Although Lincoln does not fall under the NSRT, it does not automatically lose its quiet zone, however the existing quiet zone(s) must be modified. This can be done by implementing Supplementary Safety Measures (SSM’s), a menu of things than can be done to reduce the risk. When a town gets to an acceptable level, it can be qualified, however, forever forward it will always be analyzed and quiet zones will be reassessed and annual submissions required. A town has up to eight years to reduce its risk if it does not qualify.
Rick Carey (VHB) VHB has been working on this issue for the last couple of months with several other communities. The Quiet Zone extends for one quarter of a mile before Lincoln Road and a quarter mile after Tower Road. Lincoln has a pre rule quiet zone which makes a little bit of difference in the calculations under the FRA rulings. Mr. Carey pointed out that the Town and MBTA has not ignored the accidents that occurred and has make improvements to each of the crossings by means of updated signage, lights, reflectors and road markings. VHB has been working with the town public safety officials and the MBTA to multiple suggestions for better defining the grade crossings to help eliminate the confusion which causes people to drive down the track. Mr. Carey presented/suggested several different alternative
safety improvements for each of the four grade crossings.
Attorney Anne Hyland (Kopelman & Paige) spoke at length about liability which the town would assume should it request and be granted an extension of the whistle ban. So far no case of this type has been tried in the Commonwealth so there is no precedent, however, Ms. Hyland seemed confident that the town would not be held responsible given that they are following the direction of the Federal government.
The meeting was opened up for questions for the audience. The Selectmen thanked everyone who participated. A decision was made by the Board to continue to accept input from citizens for at least another month and will publish the date on which they will make a final determination as to what action they intend to take on the matter.
No one took advantage of the Open Forum.
TOWN ADMINISTRATOR’S REPORT:
Mr. Higgins and Glenn Garber, Consulting Project Manager, attended the HATS Meeting on January 25th and reported the results of the interview process to determine a consultant for the planning project. The Interview Panel was unanimous in its support of awarding the contract to Sasaki Associates and HATS accepted the recommendation and voted to award the contract to Sasaki, contingent upon Mr. Garber’s due diligence on behalf of HATS.
The Selectmen’s 06 Budget discussions most recently focused on paring back from an override of $180,000 to $150,000. We have been provided with a figure of 118,000 by K-8. Chief Cotoni is scheduled to meet with the Board at their next meeting for a full discussion, however, Emerson hospital has committed adding a second ambulance allowing the Town to cut the ambulance budget by $10,000. Mr. Higgins also suggested cutting the $3,200 Civil Defense request. The Board discussed reexamining a proposed expansion of the Ranger Program.
Ms. Mattes reported that DTI continues to explore some options with regard to certifiable data. She will attend a COA meeting on February 15th.
The Selectmen briefly reviewed articles on the draft warrant before formally voting to close the warrant for the Annual Town Meeting.
The Board voted to appoint David Katsuki to the SuAsCo River Council.
The meeting was adjourned at 10:35 p.m.
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