Loading...
HomeMy WebLinkAbout1977-02-28-BOS-min ;166 SELECTMEN'S MEETING February 28, 1977 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 28, 1977 at 7 30 p.m. Chairman Kassler, Mr Busa, Mrs Battin, Mrs Miley, Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Execu- tive Clerk, were present Appointment Mr Dan Fenn, Chairman, Mr Wathen-Dunn and Mr Grey of the Appoint- Criteria ment Criteria Committee met with the Board. Committee Chairman Kassler said that, several weeks ago, the Board had accepted with pleasure the report the committee submitted and we have scheduled a meeting tonight for further discussion and, hopefully, a vote to accept the recommendations and make it the official policy of the Board Does any member wish to discuss any areas of disagreement? Historic Mrs Miley questioned the collective criteria for the Historic Districts Districts Commission that it is highly desirable that a local business- Criteria man be included She felt that a businessman might have a temptation regarding a decision if a competitor came before the Commission Mrs Battin replied that a businessman would be realistic and would see what restraints to offer Mr Fenn agreed and stated that the committee would want a busi- nessman included Mrs Battin added that when you have collective recommendations, the Selectmen have the option of having a balance Board of Mrs Miley discussed the criteria for the Board of Appeals and Appeals said that she agreed with Mrs Margo Tutun that it is not necessary Criteria on the individual criteria to have "Shall have lived in Lexington for at least 8 years " Mr Fenn said that they had spent more time discussing that single issue and a majority of the committee felt that it was important for a member of the Board of Appeals to know the Town and for the Town to have the sense of that person; they finally supported the 8 years Chairman Kassler suggested saying that a person shall have lived in Lexington for a considerable period of time, or by using "approxi- mately " Mr Wathen-Dunn said that the difficulty in using "approximately" is that it may put the wrong connotation on it. The committee felt that this knowledge is arrived at only after considerable experience Some members were dubious that you could acquire that knowledge in a 5-year period. After discussion, the Board agreed to the recommendation of 8 years Chairman Kassler asked Mr Busa if he had one specific objection? Mr Busa replied that he knows what his feelings are, and also a lot of people in Lexington, about the individual criteria, "Shall have no major landholding interests in Lexington " What do you call a major landholder? ' 367 Selectmen's Meeting February 28, 1977 Mr Fenn replied that the definition is in the hands of the Board as you can get into all kinds of issues which aren't meaningful The committee's purpose was to preserve the effectiveness of the Board and to protect from those kinds of vitriolic attacks which may be made to anybody in public life We didn't even wrestle with it Chairman Kessler said that for purposes of definition, my family's holdings would put you in the appearance of a major landholder Mr Busa replied that he could not accept these (criteria) if they are going to discriminate against people living here for years He objected that large businessmen and landowners are considered as ogres and shouldn't be on the Board of Appeals Here, we are discriminating and he did not think you should discriminate Mr Fenn said that it is a tough problem. It is absolutely necessary for people in Town to feel that the Board operates in a totally objective manner- and, as Chairman Kassler said, appearance is a big part of the problem. Mrs Battin said that if it is regulatory, you can't really regu- late your own business A landowner could abstain and may bend over backwards but it puts them in a untenable position If you continue to run for public office, you have to choose; you can't do both. Chairman Kessler commented that there is a definite and obvious difference between an interest and a cause of aggravation, and between financial and personal gain From personal experience by being in- volved in land dealings for the Town, he could tell of two instances of a member of a major board having acted not in the appearance of con- flict but in conflict of interest If we do nothing else by establish- ing criteria, people have to act with unquestionable integrity and not conflict of interest - and the Board of Appeals is a most important board. Mrs Miley agreed. Chairman Kessler asked if the Board wished to strike out any other section of the report? Mrs Battin and Mrs Miley replied in the negative Mr Busa said that he was objecting for just that one issue Mrs Miley commented that she assumed this is not for just this board but is a policy Chairman Kassler replied that he didn't think they could speck for future boards Upon motion duly made and seconded, it was voted 3-1 to accept the report of the Appointment Criteria Committee and to adopt the criteria submitted as the official policy of the Board of Selectmen for the: se- lection of members for appointment to the Board of Appeals, Town Celebra- tions Committee, Historic Districts Commission, and Trustees of Public Funds Mr Busa voted in the negative To The Board of Selectmen 11 E8 Selectmen's Meeting February 28, 1977 The Appointment Criteria Committee herewith submits its report, PP which is as follows Introduction In September, 1976, -the Board of Selectmen named an Appointment Criteria Committee (ACC) consisting of Guy Doran, John Harvell, Judy Marshall, Frank Totman, Margot Tutun, Weiant Wathen-Dunn and Dan Fenn (Chairman) The board charged the committee with the responsibility of recom- mending to them a set of criteria for the selection of members of selectmen-appointed committees and suggested that subsequently criteria should be established for selectmen-appointed subcommittees and those manager-appointed committees which require concurrence by the selectmen The committee held its organizational meeting on October 7, 1976, and subsequent meetings on October 18, November 4, November 23, Decem- ber 13, December 27, January 19, and February 6 It dropped consideration of the Standing Plumbing and Building By-Law Committee because the Commonwealth has essentially taken over its functions Consequently it devoted its attention to the Board of Appeals, the Town Celebrations Committee, the Historic Districts Commission and the Trustees of Public Funds (Bridge Charitable Fund, Gammell Legacy Income Trustee and Trustees of Public Trusts) Virtually all current members of these groups were interviewed; a representative selection of citizens was invited to meet with the ACC to discuss their thoughts on criteria; and a public hearing was held to provide citizens and opportunity to express their views The ACC included the results of these various conversations in developing its list of draft criteria After publication of the draft in the Minuteman with an invitation to the community to comment, the ACC reviewed the suggestions it received and submits a final report to the Board of Selectmen Nature of the Criteria The ACC discovered very early in the process that it would be advisable to recommend two categories of criteria for each group, one to be used in the selection of individuals and the second to be employed in considering the board or committee as a whole Secondly, it decided to submit a set of criteria which should be applied to all appointments to any of the committees it was con- sidering Third, it emphasized that it drew up its recommendations without reference to any particular individuals but rather with an eye to general public policy Finally, the Committee would point out that, in the final analy- sis, it is up to the Selectmen to determine how these criteria are to be applied in specific individual cases Recommendations General Criteria People invited to serve the Town by becoming members of its important nonelected committees, boards and commissions should 369 Selectmen's Meeting February 28, 1977 Be people of competence, good will and sound, objective judgment. Be drawn from new and long-time residents alike Be truly interested in the welfare of Lexington and all _ts residents Be sensitive to the long-term as well as the immediate im- pact of their decisions and recommendations Be willing and able to devote the time and energy necessary to fulfill their responsibilities Furthermore, the ACC particularly urges that special attention be given to townspeople of talent and education who are not readily visible as part of the "establishment," however defined; that the board make a special effort to seek out and recruit interested individuals and .that it consider the creation of formal mechanisms to carry out such recruit- ment Specific Criteria Board of Appeals Individual 1 Shall have had significant experience and activity in town affairs related to matters within the purview of the board of appeals as evidenced, for example, by Membership on major town boards such as selectmen, planning b>ard, conservation commission Town meeting membership Significant involvement in land-use related community activities, including especially zoning matters 2 Shall have lived in Lexington for at least eight years rhe ACC (Margot Tutun voting "No") , departed to some degree from its general policy in suggesting this residency requitement for the board of appeals because it felt that the power and impact of this particular board is so far-reaching that special emphasis should be placed on experience and proven qualities of fairness and balanced judgment 3. Shall have been an associate member for at least two years 4 Shall have no major land-holding interests in Lexington 5 If a full member, shall not hold membership on any other major boards, i e , planning board, board of selectmen, school committee, his- toric districts commission, appropriation committee 6 If a full member who has served consecutively for the equiva- lent of two full terms (10 years) , or more, shall not be reappointed until after a lapse of at least one year Collective 1 It is highly desirable that the Board of Appeals should in- clude people with various specialties, including especially Engineering background Legal training and experience Environmental and/or conservationist experience Architectural and/or design training 370 Selectmen' s Meeting February 28, 1977 Town Celebrations Committee Individual 1 Shall have specifically demonstrated the capacity to work well with others 2. Shall have specifically demonstrated organizational ability 3 If he or she has served consecutively for the equivalent of three terms (nine years) , or more, shall not be reappointed until after a lapse of at least one year Collective 1 It is highly desirable that the town celebrations committee include people who Have specific knowledge of Lexington's history and historic celebrations Are younger citizens Represent Lexington's newer residents Have good working relations with the Minute Men and experience in planning joint observances with them. Historic Districts Commission Individual 1 Shall have demonstrated a dedication to historical heritage, to historical preservation, to the special townscape of Lexington and to the concept of architectural compatibility 2. If a full member who has served consecutively for the equiva- lent of two full terms (10 years) or more, shall not be reappointed un- til after a lapse of at least one year Collective 1 It is highly desirable that the historic districts commission include people who Have legal training and experience Have historical training and experience Have training in architecture, architectural history and aesthetics Have training and/or experience in graphic design Is a local businessman Trustees of Public Funds (Bridge Charitable Fund, Gammell Legacy Income Trustee, Trustees of Public Trusts) Individual 1 Shall have demonstrated a working knowledge and understanding of the financial markets, and meet the standards of "prudent man" pro- vision 2 If he or she has served consecutively for the equivalent of two terms (twelve years) or more, shall not be reappointed until after a lapse of at least one year Collective 1 It is highly desirable that the Trustees of Public Funds shall include people who Have legal training and experience 371 IIISelectmen's Meeting February 28, 1977 Have investment experience Have an interest in and experience with the use and dispertial of funds Chairman Kassler thanked the Criteria Committee for doing an ad- mirable job and for getting input from a large number of people in Town Mr Fenn said that the committee had suggested that after you had a chance to discuss and work with how that set of 4- idelines is to be implemented, that you might want to reconstitute the committee and per- haps work on some of the committees appointed by the Town Manager Chairman Kassler said that we have considered this and will Fut it on the agenda for discussion Again, thank you for a job well done The Appointment Criteria Committee retired from the meeting Mr Hal Singley, Chairman of the Town Report Committee, met with 1976 Annual Board to report that the 1976 Annual Town Report will be printed cn Town Report schedule The original budget of $12,000 was revised to $10,000, and to print 9,700 copies will cost under $9,000 A tangible effort 'was made in reducing the pages but it will be in character, although slightly more modest A great deal of credit should be given to Nrs Helen Coombes of the Selectmen's Office for typing the Town Report., and we sincerely appreciate her efforts Chairman Kassler said that there are significant savings in dollar figures and it is tremendous that when everything is going up in this inflationary period, you are going backward. We look forward to seeing the Town Report, and we want to recognize the fantastic amount of effort you have been giving it on a total volunteer basis Mr Singley retired from the meeting Mr Joseph Rooney, Chairman, and members of the Lexington Horsing Housing Authority met with the Board to discuss the vacancy caused by the death Authority of William Melbye, the Governor's appointment to the Authority Vacancy Chairman Kassler asked Mr Rooney for recommendations, in writing, not only names but reasons why The Selectmen were asked for input and it is only natural that we turn to the group involved. Also, if somebody asks me for a recommendation, I would like to know why The Housing Authority agreed and retired from the meeting Chairman Kassler requested the Board to sign Orders for construe- Orders - tion of sewers, sewer takings and water taking Sewer & Water Upon motion duly made and seconded, it was voted to sign the Order for construction of o sewer n B s m rest Road, Waltham StrEet, to so c Alcott Road. Orders of sewer taking on Earl Street, Cliffe Avenue, Emerald Street, Edna Street, Garfield Street Order of Water Taking on Cliffe Avenue Chairman Kassler read a request from Chief Corr to appoint Special Special Police Police Officers Officers 372 Selectmen' s Meeting February 28, 1977 Upon motion duly made and seconded, it was voted to appoint the following as Special Police Officers for a term of office expiring March 31, 1978 Robert M. Hutchinson, Jr 51 Dexter Road Richard F Zeoli 6 Highland Avenue Donna C Mullins 156 Woburn Street Paul G Yewell 6 Leeland Terrace Joel G Berman 241 Worthen Road Richard M. Silva 500 Lowell Street Robert M. Payne 15 Chase Avenue Robert G Simmons 82 North Street Richard M Corazzini 400 Philip Road Robert N Foss 8 Spencer Street Comm.Vict Chairman Kassler read a request for a Common Victualler license Arno' s Deli for Marno's Inc , d.b a Arno's Deli (Formerly Seseme) , 321 Woburn Streit. A report from Mr George Smith, Director of Public Health, recommended that the license be granted to the new owner Upon motion duly made and seconded, it was voted to sign the Common Vicualler license for Marno's Inc , d b a Arno's Deli, 321 Woburn Street, with hours of operation from 6 00 a.m. to 6 00 p m. seven days per week; 225-230 Chairman Kassler read a recommendation from Mr McSweeney, Director Wood St. of Public Works, regarding the sewer betterment assessment on lots 325- Sewer 330 Wood Street. The report states that the imminent sale of these Betterment lots has brought to light inaccuracies in the schedule of betterments These lots were listed in the 1960 order as owned by the Town of Lexington when, in fact, they were and still are owned by J Andrew and Mildred C. Ferry of 86 Wood Street The Ferrys now plan on selling these lots to Mr Heidke who intends to build on them. Before the lots can be built upon, however, the sewer betterments in the amount of $684.03 must be properly assessed and committed. In order to rectify this error, it is recommended that proper action be taken by the Board. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works on Lots 325-330 Wood Street, and 1 Abate the betterment originally assessed against the Town of Lexington in the amount of $684 03 2 Recommit a sewer charge in lieu of betterment against the proper original, and present, owners (Ferry) in the same amount of $684 03 3 Defer the sewer charge in lieu of betterment against Ferry until such time as the lots are sold or built upon The Board also agreed that at the time lots 325-330 Wood Street are sold, a municipal lien certificate against the property and in the correct owner's name will necessitate proper payment of the sewer better- ment and allow the new owner-builder to legally connect to the sewer. 373 Selectmen's Meeting February 23, 1977 Chairman Kassler read a request from Mr Norman P Cohen, Town Land Acq Counsel to sign an Order of Taking of land Cambridge Upon motion duly made and seconded, it was voted to sign the Order Farms of Taking by eminent domain, upon the request of the Conservation Com- Realty mission for conservation purposes, the land owned by Cambridge Farms Trust Realty Trust with an award of damages in the amount of $16,000, under the appropriation for Article 58 of the 1976 Annual Town Meeting Mr Frank Sandy, members of the Sanitary Landfill Advisory Com- Sanitary mittee, the Subcommittee on Recycling, and the Appropriation Com- Landfill mittee met with the Board A brief discussion was held on the previously submitted recom mendations of the Sanitary Landfill Committee regarding Phase II and it was agreed that the Town Manager and the Director of Public Works would continue to monitor the situation at Hartwell Avenue Mr Sandy discussed the proposed curbside collection of recy- Recycling clables and said that Mr McSweeney had submitted a report to the committee containing a reasonable amount of information It is felt that we could institute the program for $40-$45,000 a year but they would know the exact cost when bids came in We would have to do ,. good job of getting participation as that determines whether or no•_ you save money Not all of the landfill costs would be reduced and, in addition, they estimate $10,000 due to the extension of life at the landfill There would be weekly pick-up of cans, clear and colored glass, and there would only have to be three containers If there is broad support from the Appropriation Committee, the Selectmen and the Town Manager, he would hope to push it through Town Meeting; if there is half-hearted support, it would not succesd Mr McSweeney and Mr Hutchinson expressed their feelings of support Mr Busa said that the Town does not want curbside pick-up and, due to lack of information, he could not support it Chairman Kassler asked if it was the concensus of the Board tD vote to support the program, and then turn it over to the Recycling. Committee and the Town Manager to refine it? He asked if Mr Busa if he would vote for the concept? Upon motion duly made and seconded, it was unanimously voted to endorse the concept of curbside pick-up and to refer it to the Town Manager and the Committee for refinement Mr Donald White said that the Appropriation Committee does nxt recommend it and will look for an appropriatiate presentation and more information The Sanitary Landfill, Recylcling, and Appropriation Committee retired from the meeting Mr Hutchinson reported that he, as Town Manager, had conducted Revenue a public hearing at 7 00 p m. this evening to discuss and receive Sharing 374 Selectmen's Meeting February 28, 1977 comments on the possible uses of General Revenue Sharing Funds It is proposed to use the funds for the Council on Aging, Mystic Valley Mental Health, Community Services, Police Vehicles, Sewer Lateral Construction, DPW Equipment, Fire Truck; total of $550,000 Town The real problem this year is that we are short of cash before Budget we start Last year, we had $9 6 million to offset an appropriation and charges figure of $30 million; this revenue was exclusive of the property tax. Last year, we had $1 4 million in E & D; we will not have that this year, and it will take some years to build back up We had a decline in motor vehicle excise taxes, and we didn't earn as much as anticipated In future years, rather than look at ex- penditures, we will look at revenues We will have to take a good, close look at ourselves and say that we have just so much money in the budget and will not consider anything else The Board of Selectmen will conduct a Revenue Sharing public hearing on March 7, 1977 Wild Acre Mr Hutchinson discussed the Wild Acre Inn and recommended that Inn Sewer Dr Yudowitz be ordered to install the sewer at his own expense to service the premises at 50 Percy Road, and to request that a plan be submitted within a period of 60 days The Board agreed and will request Dr Yudowitz to attend the meeting on March 14 to discuss the matter Appointment Mr Hutchinson requested the Board's approval of his appointment Recreation of Mr David Wells of Prospect Hill Road as a member of the Recrea- tion Committee Upon motion duly made and seconded, it was voted to approve the appointment by the Town Manager of Mr David Wells as a member of the Recreation Committee Fire Mr Hutchinson read a letter from the New England Regional In- Insurance surance Services Offices informing him that the results of their Classifica- recently completed analysis of the fire defenses of Lexington show ' tion the Town grades as Class 4 rather than Class 5, which previously applied The assignment of Class 4 represents an improvement in the city fire defenses with respect to their grading system and will affect basic property insurance rates downward on certain classes of property Of the three basic types of structures, wood frame, fire resistive, and brick, the average reduction should be between 5 and 10 percent Structures equipped with automatic sprinklers and dwelling and homeowner policies will not be affected Specifically rated properties affected by the change in classification will be rerated and revised rates will be effective January 18, 1977 Conservation Mr Hutchinson requested approval of an increase of $1,600 for & Recreation Mr Clifford Prentiss, Conservation and Recreation Director Approval Director - has been given by the Personnel Advisory Board. Salary Increase 375 Selectmen's Meeting February 28, 1977 Upon motion duly made and seconded, it was voted to approve an increase in salary in the amount of $1,600 annually for Mr Clifford Prentiss, Conservation and Recreation Director Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing strategy with Session respect to litigation and a matter of personal reputation, with no intention of resuming the open session After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 50 p m. A true record, Attest J14/11 giey71..,„ `mac /�/ xecutive Clerks Selectmen U i