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HomeMy WebLinkAbout1977-04-19-BOS-min 417 SELECTMEN'S MEETING April 19, 1977 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, April 19, 1377 at 7 30 p m. Vice Chairman Battin, Mr Busa, Mrs Miley; Mr Hut:hinson, Town Manager; Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, the following jurors were irawn Jurors Donald M. Shaw 64 Turning Mill Road Karl E Hazard 29 Eldred Street Ivan N Pratt 44 Freemont Street Barbara A Gryboski 1 Mason Street Ralph A. Musto 25 Tucker Avenue Keith A. Randall 1 Millbrook Road Mildred S Dawes 10 Bernard Street Naomi Cherny 252 Lincoln Street Barbara J Howalt 3 Fairbanks Road Andrea L Strout 21 Fairbanks Road Stephen G Richter 10 Carley Road Ernest C Noyes 24 Manning Street Mr Hutchinson informed the Board that Deputy Chief Silva is Gift - present concerning the gift of $1,000 from the Lions Club to the Lions Club- Town for the purchase of a Resusci-Annie for the Fire Department Fire Dept A letter has been received from the Lions Club, enclosing the chel.k for $1,000, stating that this was made possible by some of the profit made on the July 4th Carnival Deputy Silva expressed the appreciation of the Fire Department for this vital piece of training dquipment Upon motion duly made and seconded, it was voted to accept tie gift of the Lions Club in the amount of $1,000 for the purchase of a Resusci-Annie to be used by the Fire Department for training pur- poses Mr Hutchinson recommended that the Board authorize ,a blanket Baseball permit to the Recreation Department to allow various recreational Parade - groups to march in a parade scheduled for April 30 to open up the Recreation spring sport season In this way, all groups will march under ona Committee flag rather than separate little entities Upon motion duly made and seconded, it was voted to grant a single permit to the Recreation Committee, under whose auspices various recreational groups will march in a parade on Saturday, April 30, 1977, to open the spring sports season Mr Hutchinson said that the Board is aware that we are at al impasse with the Firefighters Union Unfair labor practice chargas 418 Selectmen' s Meeting April 19, 1977 Firefighters have been brought for the removal of the TV set from the dispatch Impasse area There will be an informal hearing by the State Labor Rela- TV Set tions Board and, in the meantime, there is no TV set there Police Mr Hutchinson said that the Police Manual Policy Committee Manual will meet with the Board on May 2 to review amendments to Section Amendments I, Rules and Regulations of the Lexington Police Manual, as the corrected copy must be returned to the Massachusetts Police Insti- tute by May 15, 1977 Section II, Job Descriptions, has to be approved only by the Town Manager and the Board of Selectmen Section III, Policies and Procedures, will be reviewed by the committee but perhaps at a later date Vice Chairman Battin said that, in essence, it is incumbent upon the Board to review them and then address the committee She asked if the Personnel Advisory Board would go over them? Mr Hutchinson replied that he would bring them to PAB's attention. Mrs Miley wondered how much money would be involved. Mr Hutchinson did not think that it would be a lot of money He pointed out that we had filed before the October deadline and are now hitting another deadline of May 15 There probably will be amendments to Section III They are using as a base the law enforcement procedures Vice Chairman Battin announced that a copy of the amendments would be available in the Selectmen's Office for citizens who may wish to state their concerns prior to adoption Bedford St. Representative Carol Amick met with the Board to discuss a Traffic proposal to alleviate traffic conditions on Bedford Street She Proposal - explained that after meetings with the State DPW, it was proposed Rep Amick to move the traffic light at Hartwell Avenue and to widen the entrance to the jughandle by having two lanes, one of which would be a holding lane for a left hand turn at the top of the jughandle The cost would be $30,000, $18,000-equipment and $12,000-labor, and all work would be done by the State at no cost to the Town of Lexing- ton The State DPW had come to Lexington and videoed traffic in the morning and the evening and, as we all know, there is a tremen- dous problem in getting out of Eldred Street and a timing device will be installed to keep the traffic moving where it is now backed up at Eldred Street. Her original plan was for a traffic light there and having a second lane off Rte 128 but she didn't think there was enough land to do it. Ms Alice Pierce raised the question of the possibility of accidents with two lanes as, at the top of the jughandle, a driver might attempt to make a left hand turn from the right lane Mr MacKenzie of the Planning Board stated that the design is such that people should obey the law Rep Amick did not think there would be a problem and, if so, a sign could be posted before the entrance to the jughandle. 419 Selectmen's Meeting April 19, 1977 Dr Clarke of the Planning Board didn't see any harm in the proposal, and added that it might do some good. Suggestions were made by persons in the audience about painting lines because of the sharp turn in the jughandle and for assistan:e to those coming out of Eldred Street (who must turn right) who want to make a left hand turn at the light Mrs Hals of the Transporation Committee receommended that safety hazards be checked The Board agreed that the Transportation Committee and the Traffic Safety Committee will review the plan with Mr Hutchinson and come back with recommendations Rep Amick retired from the meeting Mr MacKenzie, Chairman, and Dr Clarke of the Planning Board; Chapter 808- Mr Wadsworth, Chairman of the Board of Appeals; Mrs Frick,. Chair- Zoning man, and Mr Smith of the Conservation Commission; Mrs Clarke, Bylaws Chairman of TMMA Executive Board, met with the Board Vice Chairman Battin said that this meeting is will all Boar is involved with Chapter 808 for the purpose of educating ourselves and perhaps coming up with a special fall town meeting, which we might want to tie in with the firefighters We should look at all areas, those that will and won't work Mr Hutchinson advised that there are certain legislative previ- sions dealing with firemen We are at factfinding now and, as it takes time to render a report, it will take us into the summer rhe next step is binding arbitration, which may take us into September because of the report 30 days after binding arbitration It does not seem inconceivable that we might be able to make it in the fall but, if we conclude with the firefighters, it might be earlier We should have had the factfinder on board now and, within 60 days, we might sit at the table again and, theoretically, settle in July If things don't change, it would be the fall Mr MacKenzie stated that, with all respect, he did not think the process with the firefighters should be the governing matter an zoning. For the past few years, planning board articles fall at the end of the Warrant and people are tired Considering the signifi- cance of them, there should be a special town meeting From now through June, the Planning Board, with the assistance of the Board of Appeals, will prepare articles referred back from town meeting By July 15, give articles to Town Counsel to review (there is Mr Cohen' s criticism that we do not have time) By August 1, articles to be written by Town Counsel By September 1, the process of public education and public participation in the review It could commence from Labor Day to mid-October, with the assistance of TMMA and the League of Women Voters In mid-October, to have a special town meet- ing If Mr Hutchinson identifies the process with firefighters and is read at that time, fine Mrs Battin said that it is really better, then, to tie the fire- fighters with zoning 42U Selectmen' s Meeting April 19, 1977 open-ended Dr Clarke commented that you can't have an tax rate Mr Hutchinson said that there is a problem but it is entirely possible that the tax rate would be set even if no settlement were made with the firefighters Mr Busa stated that he did not think there should be a time certain set for a special town meeting for Planning Board articles, and not to have organization participation in the summer time, but when we are ready with the firefighters, we should tie it in The reason we are here tonight is that it was rushed and pushed into town meeting and it was not ready We don' t have to adopt Chapter 808 until June of 1978 and, if there is no necessity this year, it could be done next March as far as he was concerned Mr MacKenzie asked what Mr Busa thought needs to be done before they are ready? Mr Busa replied that, first of all, we were rushed into it We raised the question to the Planning Board to withdraw those articles before the warrant went to print He had received the Planning Board articles two weeks before Town Meeting adjourned, and wondered if this were not rushing into it? Mr MacKenzie replied that we are trying to prevent this Mr Busa added that there had been problems all along with Planning Board hearings and the Board of Appeals' representative had not given information back to the entire Board Dr Clarke replied that, traditionally, hearings are held in February and, this year, they had an inordinate number of hearings Mrs Battin addressed Mr Busa and said that the Planning Board and the Board of Appeals, and Conservation, would actually be working together during May and June and would get it to Town Counsel by the first of July Mr Wadsworth stated that most of the articles on 808 were breaking the by-laws in such a way that the Planning Board took on the functions of 808 There are a lot of things under 808 that are a "must" - problems with variances and with restaurants, and prob- lems with veterinarian hospitals, that Town Counsel is aware of He said that he speaks for the Board of Appeals to try to make our by-laws in conformity with 808 so we can decide what permits we should give It is very important that all boards in Town partici- pate in what changes in zoning by-laws should take place One article says "may," but we "must" do certain things He did not think that it is a question of what, eventually, the Board of Appeals and Planning Board do, but Town Meeting should look at the whole picture The zoning by-laws are outmoded and those should be brought into conformity with 808 If you get everybody into the picture, it is going to take longer, and he didn't think this would be before late November This would give the opportunity to all boards to be informed of what the by-laws are going to be We have numerous restaurants in violation, problems with animals; question of whether a house should come before the Board of Appeals for a variance 421 Selectmen's Meeting April ].9, 1977 Town Counsel is aware of it, and the Planning Board should be, and to determine how the future of the Town is going to go It didn't matter to him about the basic function of who takes over but he hoped the Town will take the opportunity to look over the whole picture - and we are in a situation where it is very important for our growth and future development He hoped that the Selectmen will act to get committees operating and get the Planning Board to outline where we are going Mrs Battin asked if he was saying that the articles didn't co far enough? Mr Wadsworth replied that he did not think they are even at tacking the problem Mrs Battin said that we should decide tonight where we are going to attack She asked to hear from Conservation Mrs Frick said that it seems like an overwhelming task, and this was the first time that she had heard comments She thought that the enabling act was to allow the change in permits Mr Smith of Conservation said that, personnaly, he liked the! idea of a special town meeting for this subject, and to have at least six weeks for public input He liked Mr Busa's idea of having public input after Labor Day We have to have a target some- time in the middle of October or early November; the month of December is too involved He didn't think Conversation was involved in these projects Mrs Battin said that Town Counsel felt that they were Mr MacKenzie stated that Mr Wadsworth's comments needed clarification We have had conversations with his Board and realize there are some changes in Section 25, and these will address animal hospitals and restaurants It all comes under the use schedule In doing 18 articles, that included Mr Wadsworth's suggestions Nobody can respond until they address the written article Mrs Battin asked if Mr Wadsworth would be comfortable with this? Mr Wadsworth replied that, seeing the speed with which they operate, he didn't think they can do it He didn't think it is so important that it be done in a half-baked way but it is important if you listen to comments of people when they come down to the Board of Appeals They should realize that there are a lot of people with ideas of how Lexington should develop The Finance Committee should be given an idea of what costs will be when split around to various boards Everybody should have a crack at it and he didn't see why it had to be pushed through If everybody had a chance to consider the aspects of all, and everybody had an idea of who is giving ou- the permits Mrs Battin stated that everybody shares his concern about i= not being done in a "half-baked" manner She asked representatives of TMMA and LWV to comment on handling it 422 Selectmen's Meeting April 19, 1977 Mrs Clarke did not think there would be aroblem in educating P g the public in six weeks Mrs Gordon said that she had several reflections on what is going on Like TMMA, she favored a special meeting for zoning, but she shared Mr Wadsworth's concerns in rushing it through You can look at the zoning by-laws, and what comes before the Planning Board, and you can see that there are questions 808 is something separate from that and she thought that they can be separated She did not think we would ever get to the point where we would have perfect by- laws but she felt that it is better for the public to be responding to particular by-laws rather than something in the abstract Ninety percent of the people do not understand the difference between a variance and a special permit As a citizen, she couldn't put things in a particular category Mr Busa said that the conversation should not be continued He did not think Mrs Clarke knew how many people would be available in the summer to gather information, nor would the League of Women Voters, as they had never polled them. He appreciated the work of TMMA and LWV but didn't see why they had to be involved to educate the public Mrs Clarke said that the timetable said the first of July and we are all here in May and June, and Town Meeting is over Mr Busa replied that what he is now hearing is that Town Counsel and Planning Board have to be ready by the end of June Mr MacKenzie said that proposed draft articles be given to Town Counsel, and give him July to review and betieen Labor Day and mid-October are six weeks for public education Citizens who have input are around now Mrs Clarke said that she agreed with Mr Busa that there could be no public input during July and August Experts could write the material by the first of July, then reviewed, and there would be no public input until after Labor Day; warrant articles have to be ready in six weeks Mr MacKenzie said that there are 14 articles referred back to the Planning Board and the basic work on those 14 is done The public has had since last March for those 14 Based on Mr Wadsworth's comments and Town Meeting Members' comments, sometime between now and June 30, an angel of the Lord will sit on their shoulders and educate them. Mrs Clarke said that if there are no initial changes in those Articles, we can educate the public on the 14 Articles Mrs Battin asked if they could agree with the process now of aiming if we can to avoid taking it to March, and to take the first step to take it to the end of June Mr Busa stated that he was not in agreement with the process The articles that were referred back to the Planning Board did not have combined public input of Board of Appeals' input. Mr MacKenzie disagreed and said that the articles had all been reviewed and there were public hearings, and he had never seen Mr. 423 Selectmen's Meeting April 19, 1977 Busa at any one of them. e . Mrs Battin asked if it can be done this spring? Mr Busa said that he was opposed to a special town meeting for Planning Board articles that have not had hearings He had been at meetings on them that had not been posted Also, other appointed committees did not have input Mrs Clarke said that she had not spoken to the TMMA Executive Board yet Mrs Battin said that the decision we are asked to make is if the Selectmen support the concept. Mr Busa moved to table and bring up when we have a larger Board of Selectmen to discuss it wholely He wouldn't want to agree with this without Mr Bailey present Mrs Miley moved to go ahead with the process Mrs Battin seconded the motion Mr Busa questioned the legality of a Chairman secondinga g Y motion, and to table until Town Counsel makes a ruling Mrs Battin said that the Board is at an impasse but Town Counsel will be back next week She did not want to delay and hope that ! r Busa would concur to start the process and vote in two weeks to aim for a deadline Mr MacKenzie had suggested and that each Board would assisn a member Mr Wadsworth agreed and hoped that the Selectmen would assign a member Mrs Battin said that the Board would; also, Conservation and the Building Commission Mr Wadsworth asked if they would consider a committee to do this; we have people in town who have sat in as Selectmen, Board of Appeals' members, etc It would be a good idea if a member of each board got together and decided on a process of how to handle it Dr Clarke objected and said that the Planning Board is rapidly being preempted, and he felt that there has to be a regular member of each board. Mrs Battin agreed and asked if, at least, to start the process? The Planning Board should convene it, and to ask each board which member would want to serve Mr Busa added that there should also be a member of the Chamber of Commerce that would be affected by zoning Mrs Battin recommended that members of groups decide For Mrs Clarke to ask TMMA whether they prefer to act on it in the spring, fall, or in March, and that would give us guidance We will let you know when it is next on our agenda Mrs Battin said that Mr Busa had suggested other people who would be at the next meeting We need to know what kinds of informa- tion people want at town meeting and there should be an ongoing report of what we have done She felt that Mr Hutchinson would welcome what TMMA would want to recommend in the fall Ill Mrs. Clarke mentioned that she was unhappy about the lack of a 44 Selectmen's Meeting April 19, 1977 system of communication with TMMA members as there is no budget for mailing All she can do now is to tell the executive committee and hope they can take it back to members She hopes to develop some- thing more fruitful, perhaps by hopefully feeding information into a monthly memo Mrs. Battin asked Mr Hutchinson for suggestions Mr Hutchinson said that recognizing that we are dealing with the Selectmen and the Appropriation Committee, it might be possible to have a quarterly newsletter, and you might indicate what you would like to see in that type of document; we could have information com- patible with everybody i e , explaining budgets Mrs Clarke agreed and commented that budgets are a mystery to most people She added that, conversely, TMMA could advise the people Mr Hutchinson thought that this could be incorporated in the newsletter Mrs Clarke recommended that there should be a year-round observa- tion contact so that a TMMA member would be involved in a committee on recreation, conservation, human services, town by-laws, etc Mr Hutchinson cautioned that you can committee yourself to death. We are always answering questions from committees The agencies are already in place and you could show true interest by coming to those meetings and work with some of them. We endanger the review process by it becoming part of the system There seems to be pretty good balance in agencies but perhaps our information could be better Mrs Clarke responded that she felt that they understood each other It was agreed to make arrangements for another meeting of all concerned with Chapter 808 and associated zoning by-law revisions in two weeks All representatives of involved agencies retired from the meeting Transfer- Mr Hutchinson alerted the Board to a request next week for a Veterans transfer of $6,000 to the Veterans' Account because of unemployed veterans He felt that the fact that veterans' benefits are handled by the property tax is outrageous and they should be consolidated into social services, which has 100 percent reimbursement Veterans' benefits are social services and veterans should receive total benefits Mrs Battin recommended that consideration be given to notifying our legislators Mr Hutchinson agreed Selectmen' s Vice Chairman Battin said that the Board must set the date of Special the Special Election to fill the vacancy on the Board of Selectmen Election Upon motion duly made and seconded, it was voted to set the date of the Special Election on Monday, June 13, 1977, with polling hours of 7 00 a m. to 8 00 p.m. to fill the vacancy on the Board of Selectmen caused by the resignation of Dr Howard M. Kassler 425 Selectmen's Meeting April 19, 1971 The Board a d also voted to call the primary and election on the Special dates,, set by the State Primary & Upon motion duly made and seconded, it was voted to call the Election Special Primary on Tuesday, May 24, 1977, and Special Election State Senator on Tuesday, June 21, 1977, with polling hours of 7 00 a.m. to 8 00 p m. for Precincts 4, 6, 7, 8 and 9 only, to fill the vacancy for State Senator Upon motion duly made and seconded, it was voted to approve the Water reco endation of Mr John J McSweeney, Director of Public Works/ Abatement Engineering, to abate the water bill of $33 30 for 12 Oak Park Circle, because of a bookkeeping error The Board discussed annual appointentents to the Historic Dis- Appointments - tricts Commission Historic Vice Chairman Battin read a letter from the Historical Society Districts recoutnending that Mr Packard, current Associate Member of the Con- Commission mission, be appointed a Commissioner to fill the vacancy caused by the resignation of Mr Holzbog Mr John L. Davies was recommended for appointment to fill Mr Packard's position Upon motion duly made and seconded, it was voted to appoint Nr John !R. Packard a member of the Historic Districts, representing the Histdrical Society, to fill an unexpired term of office to January 1, 1978 Upon motion duly made and seconded, it was voted to appoint Nr John L. Davies, 96 Meriam Street, an Associate Member of the Histcric Districts Commission, representing the Historical Society, to fill an unexpired term of office to January 1, 1979 Mr Buse moved and Mrs Miley seconded the motion to appoint Mr Greeley as the representative of the Board of Selectmen to replace Mr Wilbur M. Jaquith. Upon motion duly made and seconded, it was voted to appoint Mr Roland B Greeley a member of the Historic Districts Commission, representing the Board of Selectmen, for a term of office to January 1, 1982 Mrs Battin urged that members of the Board of Selectmen and Town Officials attend a program on environmental issues to be con- ducte'd by the Mass League of Cities and Towns and the Mass Select- men' s Association on May 6 in Bedford. It was agreed that appointments to the Committee under Article Article 65 65 of the 1977 Annual Town Meeting would be made on May 2 when the Committee 4-men}ber Board would be present. Mr William Page has submitted nominees, and the Council on Aging will be asked for recommendaticns Board members were also asked to make recommendations 'Upon motion duly made and seconded, it was voted to adjourn at 8 55 p m. A true record, Attest Executive Clerk, Selector