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HomeMy WebLinkAbout1977-05-02-BOS-min 434 SELECTMEN'S MEETING May 2, 1977 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, May 2, 1977, at 7 30 p.m. Vice Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present Police The Police Manual Policy Committee met with the Board to re- Manual quest approval of proposed modifications of Section I of the Rules Policy and Regulations of the Lexington Police Department, and to discuss Committee Section II-Proposed Duties by Rank and Assignment. Mr Robert Kent, Chairman, explained that the Manual is to be used as guidelines for the operation of the Police Department on a day to day basis The Massachusetts Police Institute had come up with a draft, which they had submitted to Chief Corr, and the Com- mittee had reviewed and edited the proposals Assignments were much clearer, and the Committee had made no changes in those, but did agree with one modification by the Town Manager concerning the Chief of Police The Mass Police Institute had indicated that if they wanted MPI to do the reproductions, the Committee should re- turn them by May 15 Mr Kent recommended that we take advantage of this as the cost of reproduction might be a few hundred dollars or even $500 The Committee's rationale on Section III-Policies and Procedures is different as they are making changes, some that are considerable and some that will not change. The Institute will not re-do the 30 monographs but will send complete sets to the Chief and the Committee, and they will be reviewed. If the Board of Selectmen would like to put off approval until next week, fine, but beyond that is the problem of who is going to duplicate them if not submitted by May 15 Vice Chairman Battin said that the Board has had copies for two weeks and would answer this evening, but questioned if the Board needed to know what will be in the policies & procedures section prior to taking action on Sections I and II Mr Kent replied that they can be done independently These are policies given to the Officer on a day-to-day basis, subject to the Chief who is responsible Mrs Battin agreed that they could be done independently Mr Bailey asked to hear from the Manager on Sections I and II Mr Hutchinson complimented the Committee on the excellent job done, and recommended that in Section II the term job description be changed to job assignment, and the job assignment of the Chief is to be as follows "Consistent with the General Statutes of the Commonwealth of Massachusetts, and an Act establishing the Selectmen-Town Manager form of Government in Lexington, the Police Chief is the Chief Admini- 435 Selectmen's Meeting May 2, 1977 strative Officer of the Department and the Departmental authority in all matters of policy, operation, lawful orders as are necessary to assure the effective performance of the Department " Vice Chairman Battin agreed that the modifications would bring the regulations more in line with the Selectmen-Manager Act She questioned whether certain categories in the present rules & regula- tions concerning prisoners brought to court, procedure on lost children, etc were included in the policies & procedures section, and Mr Kent assured here that they were Mrs Battin said that .the Selectmen had adopted a policy that complaints go to the Chief, ten the Manager and, ultimately, to the Board of Selectmen She askei if that should be included in the policies & procedures section Mr Kent advised against having a Selectmen's policy in the procedures' section as this relates to the Chief's policies and procedures for running his department, but he saw no difficulty in having it as part of the regulations governing the department Mrs Battin agreed as long as it was included somewhere Mr Hutchinson said that he would go along with it He said that if people would just call Chief Corr, the problem would be resolved more quickly; if they have reservations they can always come to the Manager and the Selectmen Mrs Battin suggested that this be publicized She asked if checking the cells every hour was included in the policies & procedures section Mr Kent said that he and Chief Corr went into that very closely, and it is included Upon motion duly made and seconded, it was voted to approve the modifications submitted by the Police Manual Policy Committee in Section I, Rules and Regulations for the Government of the Police Department for the Town of Lexington Also, to approve Section I[, Proposed Duties .by Rank and Assignment, including the change from job description to job assignment, and the job assignment of the Chief, as follows "Consistent with the General Statutes of the Commonwealth of Massachusetts, and an Act establishing the Selectmen- Town Manager form of Government in Lexington, the Police Chief ani the Departmental authority in all matters of policy, operations, lawful orders as are necessary to assure the effective performance of the Department." Mr Busa made a statement complimenting the Police Department Police - for an outstanding performance of duty during the hold-up in the Hold-up Center last weekend, especially Patrolman Peter Scopa and the oth?r Officers in handling the situation without a serious incident occurring The Board agreed The Police Manual Policy Committee retired from the meeting Vice Chairman Battin read a list of nominees submitted by Mr III William Page for appointment by the Selectmen in accordance with the I 436 Selectmen's Meeting May 2, 1977 Town Meeting Forum on vote of the 1977 Annual o under Article 65 to research Aging - alleviation of the problems of old age Article 65 Upon motion duly made and seconded, it was voted to appoint the following members of the Lexington Forum on Aging William R. Page, Chairman 25 Oakland Street Frayda Cooper 30 Asbury Street Peter F Davison 193 Cedar Street Lloyd Gilson 35 Partridge Road Judith Laster 33 Fairbanks Road The Board agreed to inform Mr Page that consideration will be given to his recommendation of the appointment of two additional members Warrant- Vice Chairman Battin requested the Board to sign the Warrant for State May 24, 1977 Senator Upon motion duly made and seconded, it was voted to sign the Warrant for the Special Primary to be held on Tuesday, May 24, 1977, in Precincts 4, 6, 7, 8, and 9 for condidates for State Senator The Board discussed a request from the Northborough Board of Selectmen to join with them in a petition to Governor Dukakis re- garding budget and fiscal issues On the advice of the Town Manager and Comptroller that the Town could support only two of the four items on the petition, it was agreed to inform Northborough that the Lexington Board of Selectmen regrets that it cannot fully support their position and, therefore, is unable to join with them in a petition to the Governor Minutes Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's Meeting held on April 11 and April 19, 1977, Contract Upon motion duly made and seconded, it was voted to sign Con- 77-4-E tract #77-4-E awarded on March 28, 1977 to United Construction Co , Somerville, for sewer and water main construction in the amount of $239,199 53 Auctioneers Vice Chairman Battin read applications for Auctioneer's licenses Upon motion duly made and seconded, it was voted to sign Auctioneer' s licenses for Joseph T Tropeano and Joseph C Tropeano, 12 Revere Street, expiring March 31, 1978 Selectmen's The Board agreed to cancel the meeting on Monday, May 9, and re- Meetings schedule it for Tuesday, May 10, 1977, at 6 45 p m. Also, to schedule a meeting on Tuesday, May 31, 1977, at 7 30 p m. Permit Mr Hutchinson recommended that the Board grant the request of the Lexington Theatre Company to set up a table in the Center and 437 Selectmen's Meeting May 2, 1977 sell tickets for their spring production Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Theatre Company to set up a table and to sell tickets within the area in front of the Cambridgeport Savings Bank building or the Harvard Trust Company on Saturday, May 7, 1977 The Board agreed that the Town Manager is to review and submit Sanitary a recommendation on the Amended Rules and Regulations for the san.L- Landfill tary landfill Regulations Mr Hutchinson discussed the proposal for BeftxddStreet traffic Bedford Street which was presented by Representative Carol Amick to the Board on Traffic April 19 He stated that after a site visit, it was the feeling that while it does provide holding capacity for cars, there is the possibility of creating more problems. They will look at the timing of lights, which are already geared for traffic at the ramp, and he Traffic Safety Committee will make an updated study of the area Mrs Miley said that one person had suggested to her many months ago the possibility of having a curb cut at Eldred Street for those making a right turn. Mr Hutchinson advised the Board that the Traffic Safety Com- mittee pursue all of those points Mrs Battin added that the Transportation Committee should look at it also. Upon motion duly made and seconded, it was voted to write to Rep Carol Amick and thank her for her efforts in meeting with the State D.P W to work out a proposal for alleviating the traffic situation on Bedford Street, but informing her that the Board accepted the recommendation of the Town Manager that, although the proposal provides some storage capacity, it may in the long run compound the overall traffic problem. It was agreed to await the updated recommendations of the Traffic Safety Committee and the Transportation Advisory Committee regarding Bedford Street traffic Mr Albert Zabin, Planning Board; Mrs Ruth Morey and Mr Irving Chapter 808- Mabee, Board of Appeals; Mr Frank Smith, Conservation Commission Zoning Mrs Elizabeth Clarke, T M.M.A , met with the Board to discuss Chapter 808 and attendent Zoning By-Law revisions Vice Chairman Battin updated all those present and said that, at the last meeting, it was agreed that the Planning Board would convene the first meeting of representatives of the Planning Board, Board of Appeals, the Building Commissioner, and Mr Alfred Busa representing the Board of Selectmen Agreement was reached on hamr- ing input and the actual draft being submitted at least 6 to 8 weeks before a vote is taken by the Board of Selectmen There was no commitment made regarding a special town meeting but some device ought to be given serious thought The committee would resolve the areas 438 Selectmen' s Meeting May 2, 1977 111 of concern of (1) how completely the zoning by-laws are revised; (2) actual timetable of completion Orderly process would commence and, when ready, the committee would come to the Board of Selectmen for review Mr Busa said that this is the crux of where he felt we ought to be going; to have citizens' and the group's input, and than a draft given to Town Counsel to be written for the Warrant He again recommended that a member of the Chamber of Commerce and the Real Estate Board should be included as permanent members of the committee; also, to have someone in the construction field for additional input. Mr Busa had no objection to a special town meeting but felt that there was no necessity for rushing into it as these revisions would be effective for at least a decade. Research should be conducted with other towns who have adopted the Act as he understands that there are some court cases which require interpretation by the Attorney General's Office Mrs Morey asked what, specifically, is this particular committee supposed to do? Mrs Battin replied that they would deal with the zoning articles referred back by Town Meeting and also, Mr Wadworth's suggested re- view of all permitted uses as well as the determination of the per- mit granting authority Mr MacKenzie told us at the last meeting that Mr Wadsworth suggestions would be looked at Mr Zabin said that their plan started off, essentially, with a citizens' committee and, as a result of suggestions made at the rather well-attended public hearings, they had citizens' input in the draft Their initial thoughts of an approach to zoning revisions were essen- tially those that did not have major planning significance in relation to planned use Chapter 808, by implication, would abolish variances and they felt that they should go slowly as some of the issues in- volved needed broader input than the professional type of work that was done The citizens' committee included the Chamber of Commerce and professionals who are looking at the problem of land use planning for CBD They hoped to look at the next step of special permits under Section 25. With the implications under Chapter 808 by abolishing variances, there may be uses not granted, and that is the next area that we hope to deal with The problem with the Central District is terribly complicated, and it is not realistic that it could be ready in the fall and it is not advisable to deal with that plus town meet- ing articles; it would be spread too thin I don't think anybody would object to the kind of draft for s 25 or other type of land use issues It doesn't seem desirable to go over what has been done, and the issues that are raised by the proposed changes were very adequately debated. What town meeting really wanted was to have members become acquainted with those issues Other ideas will come out and good ones ought to be adopted It is a waste of time to go over those that have been gove over with a good deal of thought and to debate them. Mr Cohen pointed out that the Center Business Study Committee is 439 Selectmen's Meeting May 2, 1977 for a specific purpose and should not be the committee which is study- ing P P Y ing the revision of the by-laws The By-Laws commitee should be a con- tinuation of Mr Zabin's earlier committee, which was formed to recommend changes necessitated by and in connection with Chapter 808 If tae 808 Committee endorses proposals submitted to it, the draft should be made available to Town Counsel as soon as possible Mr Zabin disagreed and said that there are some changes that are mandated by 808 and the earlier changes recommended by the Planni,g Board were for the most part in that category Mrs Battin suggested that it be left up to the group Mr Zabin said that he didn't want to give the impression that we didn't want our handiwork tarnished by anybody's dirty hands Mr Bailey said that the recommendations of the Planning Board should be outlined in such a manner that they could be understood by all He suggested that the committee not become bogged down on a specific date for Town Meeting but rather work toward completing its task, and then a target date can be set Regarding Mr Busa's sugges- tion of additional members, he felt that the committee is made up of all affected town boards and/or committees and it seems to be a cDm- pact and effective group, without having one or two specialists aad perhaps running into the problem of having to call in another specialist for a point of view Mr Busa reiterated that it was his understanding that this com- mittee was to be set up to go over the 14 plus articles that were referred back to the Planning Board, and those are the articles tp be addressed; then go forward on Section 25, and then other revisions under Chapter 808 Mrs Battin said that they will work on the articles referred back plus clarification on other aspects of the zoning By-Laws If the group agrees on how best to approach them, and if boards can agree, then they decide on their strategy Mrs Clarke said that she will inform the Town Meeting Members Executive Board when they meet on Thursday It was mutually agreed that Mr Zabin is to convene the first meeting of the Chapter 808 Committee, when all representatives are appointed, and later on the Board of Selectmen will entertain a re- quest for a special town meeting All involved retired from the meeting Mr Edward Tippett, owner of the Arlex Corporation, Inc , Lexington d/b/a the Lexington Cab Company, met with the Board Taxicabs Mr Hutchinson informed the Board that he had received a re- port from the Police Department that the nine cabs had been inspected, and it is recommended that only six cabs be licensed as the other three are marginal, at best, and represent a thigh safety risk Mr Tippett has had his licenses renewed on a month-to-month basis and it is felt that he has had ample time to bring all vehicles up to standards 440 Selectmen's Meeting May 2, 1977 The Board agreed that Mr Tippett may make application for the remaining three cabs when a favorable recommendation is received from the Police Department Upon motion duly made and seconded, it was voted to renew six licenses for the Arlex Corporation, Inc , d/b/a the Lexington Cab Company, with registration numbers 6847, 6848, 6849, 6875, 6881, and 6882; licenses expiring May 1, 1978 Mr Tippett informed the Board that he will come back for an increase in rates as new revenue is needed in order to buy new equipment At that time, he will also present a program for senior citizens The Board requested Mr Tippett to put it in writing Police Mr Hutchinson recommended that the Board refer the matter brought Shelter up by the Historic Districts Commission to the Design Advisory Com- mittee for a study to be conducted on the aesthetics at the inter- section of Massachusetts Avenue and Waltham Street, including the Police Shelter Hiring Mr Hutchinson announced that a meeting has been arranged to Practices- discuss affirmative action on employment practices with the School School & Superintendent and representatives of the School Committee, Board Town Govt of Selectmen, Personnel Advisory Board and the Town Manager It is expected to have a proposed municipal affirmative action plan for the Board's consideration of endorsement in June Bond Sale Mr Hutchinson informed the Board that the bond sale at $765,000 is on May 3 and the Town did continue its AAA rating Sewer Mr Hutchinson recommended that the Board vote an intent to take Construction a permanent sewer easement, which is required for the construction Easement - of the trunk sewer from Marrett Road to the Woodhaven Trunk Sewer Bacon St and parallel to Bacon Street The property owners involved are the Town of Lexington and the Lexington Conservation Commission An Act of the State Legislature dated September 22, 1976 authorizes the Town to construct and maintain this trunk sewer Upon motion duly made and seconded, it was voted an intent to take a permanent sewer easement for the construction of a trunk sewer from Marrett Road to the Woodhaven Trunk Sewer and parallel to Bacon Street It was agreed that Town Counsel may proceed with the prepara- tion of the order of taking Executive Upon motion duly made and seconded, it was voted 4-0 by roll call Session vote to go into Executive Session for the purpose of discussing strategy with respect to litigation, with no intention of coming out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 35 p m. A true record, Attest 04 Executive Clerk, Selectmen U