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HomeMy WebLinkAbout1977-02-07-BOS-min 343 SF.T.FCTMEN'S MEETING February 7, 1977 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 7, 1977, at 7 30 p.m Chairman Kessler, Mr Bailey, Mr Busa, Mrs Battin and Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Mr Hal Singley, members of Town Report Committee, Mr Louis Zehner, Municipal Colonel Clifford Goodie, and Mr Richard Dugas met with the Board Mr Photography Zehner introduced Colonel Goodie and Mr Dugas, who had submitted pic- Contest tures which had been awarded prizes in the Massachusetts Selectmen's Association municipal photography contest, as follows Colonel Goodies Events of Public Interest-First prize and plaque Candids-Second and Third Prizes Mr Dugas Action-Second Prize; Landscapes; Second and Third Prizes Chairman Kassler congratulated the award winners and Mr Zehner for an outstanding job done on the 1975 Annual Town Report Mr William Page met with the Board He briefly discussed 1976 1976 Article 80, which was referred by Town Meeting to the Selectmen, re- Article 80 garding the formation of an Information and Policy Options Committee Because there is not unanimous support of the Board of Selectmen, he would prefer not to pursue his proposal further He explained that it is the kind of an idea that will eventually find its way into Town government, and one alternative is 1977 Article 65, which is a proposal for a forum to increase public understanding of the problems of old age The Board expressed appreciation to Mr Page for his time-consuming efforts, and agreed to accept his recommendation Upon motion duly made and seconded, it was unanimously voted to accept the recommendation of Mr William Page that no further action be taken on Article 80, which was referred to the Board of Selectmen by the 1976 Annual Town Meeting, and to so inform the 1977 Annual Town Meeting Mr Hutchinson recommended that the Board approve a request to the DPW Appropriation Committee for a transfer of $10,000 to Account 4900-DPW Transfer Personal Services for overtime due to the unusual severity of snow- storms, ice conditions, water service freeze-ups, and water breaks which have occurred since December Upon motion duly made and seconded, it was voted to request the Appro- priation Committee for approval of an expenditure in the amount of $10,000 from the Reserve Fund to Account 4900 344 Selectmen's Meeting February 7, 1977 Elks Club Chairman Kassler read a request from the Lexington Lodge of Elks Ext of for an extension of hours of operation under their Club liquor license Holiday on holidays, including New Year's Eve I Hours Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Lodge of Elks No 2204 for an extension of hours under the Club liquor license for an early opening of 1 00 p.m. and 12 00 Midnight closing on Patriots' Day, Memorial Day, Independence Day, and Veterans' Day It was agreed to withhold a decision on the request for an ex- tension of hours to 2 00 a m on New Year's Eve pending clarification of the applicability of the Sunday Blue Laws This matter is currently before the State Legislature and the Elks Club will be requested to re- apply in the fall Warrant Chairman Kassler requested the Board to sign the Warrant Signing Upon motion duly made and seconded, it was voted to sign the Warrant for the 1977 Annual Town Meeting, consisting of 90 Articles NOTE Complete list was typed into Selectmen's Records of January 17, 1977 Ong, Ong, Chairman Kessler read a request from Attorney Stanley R. Lapon of Liquor Lic Cambridge for approval of pledges of stock of Ong, Ong, Inc d/b/a Yangtze River Restaurant located at 21-23-25 Depot Square as amended 111by Section 23 of Chapter 138 of the General Laws, as amended by Sec- tion 12 of Chapter 542 of the Acts of 1943, and further amended by Chapter 652 of the Acts of 1955 Mr Cohen explained that the Chapters are incorrect, and the re- quest should have been made in accordance with Chapter 138, Section 15A, as amended He had talked with the Alcoholic Beverages Control Commis- sion as to whether local authorities would have to do any investiga- tions, and was told that it was purely a decision of the Board of Se- lectmen; however, the ABC does investigate the transferees Also, the request for approval of ABC must be made on a Form 43 After discussion, the Board agreed to approve the pledges of stock with the understanding that if the collateral is called and there is a change in ownership, another application must be made to the Board of Appeals Upon motion duly made and seconded, it was voted to approve the pledges of stock and beneficial interest in the Common Victualer liquor license of Ong, Ong, Inc , d/b/a Yangtze River Restaurant located at 21-23-25 Depot Square, and to request ABC for approval Appt Mr Dan Fenn, Jr , Chairman of the Appointment Criteria Committee, Criteria met with the Board to submit a report on criteria for the selection of ICommittee members of Selectmen-appointed Committees Recommendations were sub- mitted on the Town Celebrations Committee, Historic Districts Commi- sion, Trustees of Public Trusts, Bridge Charitable Fund, and Gammell Legacy Income Trustee All members of these groups were interviewed, 345 Selectmen's Meeting February 7, 1977 a representative p tative selection of citizens invited to meet with ACC to dis- cuss their thoughts regarding criteria, and a public hearing held for citizens to express their views These conversations were included in the development of draft criteria, which were published in the Minute- man with an invitation for comments The Appointment Criteria Committee reviewed the suggestions and submits a final report The Appointment Criteria Committee herewith submits its report, 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 Tatman, Margot Tutun, Weiant Wathen-Dunn and Dan Fenn 11 (Chairman) The board charged the committee with the responsibility of recom- 1 mending to them a set of criteria for the selection of members of selectmen-appointed committees and suggested that subsequently criteria gg q Y 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, December 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 an 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 em- ployed 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 considering ti Selectmen's Meeting February 7, 1977 Third, it emphasized that it drew up its recommendations with reference to any particular individuals but rather with an eye to general public policy Finally, the Committee would point out that, in the final analysis, 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 impor- tant non-elected committees, board and commissions should Be people of competence, good will and sound, objective judgment Be drawn for new and long-time residents alike Be truly interested in the welfare of Lexington and all its residents Be sensitive to the long-term as well as the immediate impact 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 dedication who are not readily visible as part of the "establishment," however defined; that the board make a111 special effort to seek out and recruit interested individuals and that it consider the creation of formal mechanisms to carry out such re- cruitment 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 board, conservation commission Town meeting membership Significant involvement in land-use related community acti- vities, including especially zoning matters 2 Shall have lived in Lexington for at least eight years The ACC (Margot Tutun voting "No") , departed to some degree from its general policy in suggesting this residency requirement 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. 347 Selectmen's Meeting February 7, 1977 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, historic districts commission, appropriation committee 6 If a full member who has served consecutively for the equivalent 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 include people with various specialties, including especially Engineering background Legal training and experience Environmental and/or conservationist experience Architectural and/or design training 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 in- clude 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 equivalent 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 historic districts commission in- clude people who 348 Selectmen's Meeting February 7, 1977 a Have legal training and experience Have historical training or 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 understand of the financial markets, and meet the standards of "prudent man" provisions 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 Have investment experience Have an interest in and experience with the use and dispersal of funds After discussion, the Board agreed that the ACC report could be used to establish general guidelines to be adopted but if it is the concensus to depart from them, good and valid reasons must be given Upon motion duly made and seconded, it was voted to accept, with gratitude, the report submitted by the Appointment Criteria Committee, with the understanding that ACC is to meet again with the Board before annual appointments are made Middlesex Chairman Kessler informed the Board that the Great and General Court County will be addressing the question of whether the State will take over the Jail & Middlesex County Jail It was his understanding that this could result Budget in a saving to the Ton of $60,000 and almost 50 cents on the tax rate Mrs Miley pointed out that the inmates of the Middlesex County Jail come from all over the State and, because they are moved around, this is one good reason it should come under the State As the Board's representative on the Middlesex County Advisory Board, she will attend two hearings on Home Rule to be held by the Committee on Counties at the State House She will present a statement, signed by the Board, urging them to keep the county budget down Chairman Kessler added that he had heard the rumor that the State would give consideration to building new institutions, plus adding 100 cells at the Middlesex County Jail because of overcrowded conditions 349 Selectmen's Meeting February 7, 1977 In effect, this would cost us both ways The Board agreed to refer the matter to Mr Hutchinson for addi- tional information Mrs Battin advised the Board that the Massachusetts Selectmen's H3436 Association had sent an urgent alert to all Boards of Selectmen to Binding write a formal letter to Governor Dukakis urging him to take a stand Arbitration in support of House Bill 3436, which would allow compulsory binding arbitration to terminate on June 30, 1977 A previous meeting having been held with Lexington's Representa- tives and Senators to ask for their vote in favor of the bill, it was agreed to write to the Governor Upon motion duly made and seconded, it was unanimously voted to write a formal letter to Governor Dukakis to strongly urge him to take a stand in support of House Bill 3436 Mrs Angela Frick, Chairman, and members of the Conservation Com- Conservation mission, the Appropriation Committee and the Capital Expenditures Commission - Committee met with the Board App Comm. Mrs Frick discussed the following items and the recommendations Cap Expend Land Management Budget As requested, Conservation reduced from Committee $10,000 to $5,000; they have $2,000 in accrued interest Conservation Fund Requesting $7,000 to bring up to a level of $35,000; to be used for land acquisition, appraisals, opinions of value Mr Bailey questioned the need for $35,000 and Mrs Stolz ex- plained that they are only asking for $7,000 to take them through to the 1978 Town Meeting; the balance on hand is close to $20,000 but some of that will still be going out Chairman Kessler advised that no additional monies should be charged on the tax rate unless based on projected need Mr Furash requested, and Mrs Frick agreed, that an itemized list and dollar figures be submitted to the Appropriation Committee Article 46-Whipple Hill Transfer Mrs Frick explained that this is Art 46- all Town-owned land and we would ask Town Meeting to transfer Whipple Hill to Conservation It seems to make more sense to put it under one management In response to Mr Busa's comment that -the more land we give to Conservation, the more restrictions are put on it Dr Kessler said that it won't apply to chis land; the only time is when federal or state grants are involved. Town Meeting can rescind the vote at any time, and it really does not add any more restrictions Mrs Miley stated that the piece of land at the Turning Mill Road sewer was the first one, and she felt that if it were turned over to Conservation, more care would be taken of the land (There is no money involved in the Article ) Article 47-Transfer of Meagherville Tax Title Lots Planning Board, Art 48- Conservation and the Board of Selectmen have discussed how this Meagherville 350 Selectmen's Meeting February 7, 1977 could be done, and the Article is to transfer to the Conservation Commission The Planning Board asked if there could be a road in there Also, there is no restriction on water retention Mrs Hagedorn questioned why it was being transferred, and how much money Conservation had? Mrs Frick replied that it is under the land management program and, at the moment, they had $5,000 Mrs; Hagedorn wondered why they did not add more money when they were adding responsibilities, and Dr Kessler said that the point was well taken and would have to be raised at Town Meeting Mr Busa's question on whether there would be a floating easement was answered by Mrs Stolz that enough land was left to move it in either direction; it is a 3-way negotiation Mr Busa asked if the State could come in later and move it, and Mr Bailey assured him that it could not be done as the Article says that it is for conservation purposes including outdoor recreation ($500 in- volved for this Article ) Article 48- Article 48-Invokes a couple of pieces of open space and tax title land Tax Title on Waltham Street; at the end of Grassland Street, which would be further access into Hayden Woods; at the Vinebrook development; on Maureen Road which, at this point is not being cared for by any- body and could be used for a bike path ($500 involved for this Article ) Article 49- Article 49-Involves a small piece of land to be returned to Mr Bushard Hillside Lot on Bowker Street The Bushards were very unhappy with the taking of their land last year as they wanted the stone wall left on their land This can be done by Town Meeting for 3600 sq ft of land ($500 involved for this Article ) Article 51- Article 51-A gift of land from Mr Johnson on Grove Street, where Con- servation has been negotiating an easement for some time Recreation The Recreation Committee met with the Board Committee Mr Hutchinson I worked with Dan Busa and Lynn Hamilton and we summarized the types of things the Board would like to have within the next five years The only item I recommended in the Capital area was Center Pool the money for the Center pool, and it is not that I don't agree with them, but I settled for the pool Mr Bailey I have a question on tonight's Articles, and if there is any plan involved to recover the costs? Mr Dan Busa We do have users' fees In the 1976 calendar year, we collected $2349 for daytimes and $1218 for nighttime tennis fees Mr Furash The Appropriation Committee would like to recommend the procedure for the Selectmen to present approval of the plan, through recreation, to Town Meeting on an Article 2 report so that Town Meeting could see and approve the general direction and scope of the plan and have it all explained Regretably, at this point in time, we cannot 351 Selectmen's Meeting February 7, 1977 endorse ite b cause of the financial crunch and the committee can only support the plan for the pool We know that the situation with the existing pool complex is serious and we feel that the Town would be better off to ask the Recreation Committee to spread it around and ask the Town Manager to put in bits and pieces in the budget, i e , DPW, and let Town Meeting know where recreation is headed The pool would fit in the the bonding that Mr. Zehner is working out, and we would go for that particular item only Mr Bailey The $60,000 figure is quite speculative, as I under- stand it. Chairman Kassler The Selectmen have voted to approve the con- cept and it is encumbent upon us to vote now on whether to support it at Town Meeting Upon motion duly made and seconded, it was unanimously voted that the Board of Selectmen consider the Center pool renovation provided it is the No 1 priority of the Recreation Committee Mrs Alice Hinkle discussed the upgrading of trails She and Trails members of the Recreation Committee had met with the Conservation Commission and, because of problems with vandalism, it was hoped to have an improvement in the trails at Whipple Hill There would be a fire access at Summer Street and access at Winchester Drive; this would be $4,000 and to upgrade and mark the trails, using Mr Mazerall's markers, the total would be $5,200 In response to Mr Furash's question of what would prevent access other than police and fire, Mrs Hinkle replied that there would be a gate barrier; this is part of the area that has not been cleared, and a culvert would be needed at the stream. Mr Silverman, Capital Expenditures, asked if Conservation felt that the land management fund could be used for this, as they haven't maintained it before? Chairman Kassler pointed out that Conservation has asked for a lot more than the Selectmen are agreeing to The Town Manager says that, with the cooperation of Recreation and DPW, we can accomplish a lot more. Some of the clearing can be done with existing funds but this represents more - over and above that Mrs Frick said that this is Town-owned land, not Conservation, and they would be delighted to cooperate Chairman Kassler felt that $5,000 would be well spent on this pro- ject for the enjoyment of citizens; Mrs Battin agreed and said that families and people of all ages would enjoy the recreation; Mr Busa had a few reservations but agreed to support the project; Mr Bailey was not in favor as he felt that the pool has to be the #1 priority this year, and he did not feel there was any great pressure on for trails this year; Mrs Miley agreed with Mr Bailey, not because she did not like trails but because she was thinking of the streets that had been deleted and would not be finished this year Chairman Kassler, Mrs Battin and Mr Busa agreed to support the 352 Selectmen's Meeting February 7, 1977 project of upgrading trails; Mr Bailey and Mrs Miley were not in favor Playfields The request for $15,000 for improvements in playfields was dis- cussed Mrs Miley recommended that Mr Hutchinson take a look at the projects to see what could be done with our own personnel Mr Dhimos, Recreation Committee, said that there were problems in maintaining the fields as DPW was spread pretty thin and Recreation was not sure that they would get more help now There is no question of the percentage of the people making use of the fields Of the 30 that were studied, 14 were classified in good condition - and one or two of these were in the excellent category; the other 16 were rated extremely poor to bad; of the 8 soccer fields, only two were rated adequate If put off for another year, the fields are going to be in worse condition Upgrading would include backstops, fences, stands, and players' benches, plus surfacing Over five years, we would like to spend $15,000 for 6 or 7 fields per year That portion of work that includes labor might be done by DPW This (item) was low on the list of priorities, #7, and there is a question of whether new fields might be had. Chairman Kessler recommended putting $15,000 in the operating bud- get with the understanding that the Recreation Committee use it in three areas - goal posts, trails, and to start upgrading playfields. The division of money would be left up to the Town Manager This would mean only 5 or 6c on the tax rate, and it is the concept and the philoso- phy that are important. Mr Busa felt that it should be something less than $15,000 He stated that he would not vote in favor unless done contracturally as DPW could not otherwise do it, and he would not vote even 5 for trails Mr Bailey stated that if he were backed into a corner, he might vote for $15,000 Mrs Battin recommended that some of the work could be done by fathers and sons, under the supervision of DPW Mrs Miley wondered if the money could be found in different de- partments; as they are reorganized and as expenses are being reconsidered, perhaps we could come up with the money this year The Town Manager doesn't feel that we should spend this money now but perhaps he would like us to give him a chance to see if, in six months, he could come up with more in the DANbudget Mr Hutchinson I would not be able to meet this level of commit- ment but I'll take a look at it and go over it again Mrs Miley agreed that if the Town Manager can live with it, she will go along with it Mr Furash stated that the Appropriation Committee does not favor this at all but a better place to do it is to provide for it in the budget by the Town Manager He reiterated that they don't think a penny should be spent on it The Board unanimously agreed not to support tennis courts and bike- ways ( b ` Selectmen's Meeting February 7, 1977 III Upon motion duly made and seconded, it was voted 5-0 by roll call Executive vote to go into Executive Session to discuss strategy with respect to Session litigation, and to come out of Executive Session and resume the open meeting Mr Furash, Appropriation Committee; Mr McManus, Youth Counselor; Community Mr Clough, Re-Place Director; Mrs Mary Welsh, MVMH, met with the Services Board. Budget Mr Hutchinson discussed the Community Services' budget, to be carried under the Board of Health budget. He recommended an increased commitment to Re-Place for expanded drug counseling services and add- ing an outreach worker; this is one area that would be worthwhile on an experimental basis, and Chief Corr was supportive as he felt that the Police have enough to handle Mr Bailey asked if Mr Hutchinson had considered a community services' package? Mr Hutchinson replied in the negative He explained that he had met with MVMH and they are up about $800 this year Mr Bailey expressed an uneasy feeling about MVMH's budget of $30,000+, and Mr Hutchinson said that they are working under a grant for staffing, while Re-Place would deal with a specific group of young people Mrs Battin said that she appreciated the concern but pointed out that there are different kinds of services for different kinds of people being served at MVMH and Re-Place The Mass League of Cities and Towns is developing training programs to help municipal employees to monitor Human Service Agencies in order to hold them more account- able - and this is a crucial point Mr Clough added that with the new Re-Place Director and MVMH pro- viding psychiatric back-up, there would be improved services Mr Busa supported an outreach worker but, in his opinion, MVMH is building an institution and, therefore, he had reservations about his support for MVMH He also questioned that Mr McManus is collect- ing fees from three sources in Lexington Chairman Kassler pointed out that Mr McManus is a professional and is counseling on an hourly basis Mr Busa recommended that the Board consider an entire package with Re-Place, MVMH, and the School Department Mrs Welsh said that there is a misunderstanding about the role of each; the type of person seeking help at Re-Place would not go to MVMH An outreach worker could guide young people with problems Mr Furash recommended that Re-Place continue its fund raising drives, and Mr Bailey agreed Mrs Miley stated her support of Re-Place and wished them well Upon motion duly made and seconded, it was voted, 3-1, to accept the Town Manager's recommendation of the Re-Place budget of $33,350; Chairman Kassler, Mrs Battin and Mrs Miley in favor; Mr Busa in the negative; Mr Bailey abstained 3-54 Selectmen' s Meeting February 7, 1977 FY 76 Chairman Kassler read a request from Mr Richard M Perry, Comp- Financial troller, to accept the financial report of the Town Report Upon motion duly made and seconded, it was unanimously voted to accept the financial report of the Town of Lexington for the fiscal year ending June 30, 1976, as submitted by the Town Comptroller Town Upon motion duly made and seconded, it was unanimously voted to Manager's approve the bond of Mr Robert M Hutchinson, Jr , Town Manager, in Bond the amount of $50,000 Water & Chairman Kassler read a request from Mr John McSweeney, Director Ambulance of Public Works/Engineering, for approval of abatements of water bills; Abatements plus a request from Mrs Doris Barclay, Tax Collector, for an abate- ment of an ambulance bill Upon motion duly made and seconded, it was unanimously voted to approve abatement of water bills in the amount of $1,057 36, and an ambulance bill in the amount of $15 00 Executive Upon motion duly made and seconded, it was voted 5-0 by roll call Session vote to go into Executive Session to discuss strategy with respect to litigation, with the intention of adjourning after executive discussion Upon motion duly made and seconded, it was voted to adjourn at 11 20 p m. 111 A true record, Attest ,/, Executive Clerk, Selectmen