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HomeMy WebLinkAbout1976-06-15-BOS-min SPECIAL I III SELECTMEN'S MEETING June 15, 1976 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, June 15, 1976 at 7 30 p m. Chairman Kassler, Messrs Bailey and Busa, Mrs Battin, Mrs Miley and Mr O'Connell, Town Manager; Miss Casey, Principal Clerk were present Chairman Kassler opened the mee=ing by addressing Dr Foley who had L L Horse requested a meeting with the Board ralative to the forthcoming horse show Show at Hennessey Field. Dr Howard Foley, representing the Lexington Light Horse Club thanked the Board for granting this meeting .and requested permission to show a colored movie film of a controversiaL show that we held last October The film ran for approximately 10 minute.; and during this time Dr Foley ex- plained the set up of the field and low the show was conducted. It has been the contention of the North Lexington Association that vehicles parked on the field during horse shows has done irreparable damage to the field Dr Foley stated that he felt that the North Lexington Association has been trying every possible means to atop the horse shows Dr Foley stated that the Club has put on shows for the last several years, and the Recrea- tion Committee assigned them to Hennessey Field and to park the vehicles on the field and pick up all the debris Dr Foley explained that the film he was showing was of a show that was held the day after a heavy rain shower He stated that it was the day of the fifth show that brought out the complaints Dr Kassler intervened and stated that he didn't want to cut Dr Foley short, but the description that was finder question was one of parking Mr Bailey asked how many vehicles were on the field when the pictures were taken and were they all Lexington people Dr Foley replied that there wee less than 30 trailers and 10-15 cars and that 60 or 70% of the people wera from Lexington Mr Mazerall gave a report of tie damages to the field after the show and stated that the field would be buck in top shape in about two weeks Mrs Miley asked if the trailers make more than one trip and Dr Foley replied that one or two were required They were usually local trailers to pick up kids at the other end of 'Gown 90% come in and stay Mrs Miley asked where the shows were held before Dr Foley stated that one was held at Willard's Woods and three or four at Harrington School Dr Kassler asked if there were automobiles without trailers and people just parking Dr Foley stated that there wer: some that did He said that they would ride over there with the famili and pick up equipment and park the car there and work out of the trunk Mr Bailey asked if there was a:iy further comment from the North Lexington Association 128 Special Selectmen's Meeting June 15, 1976 Mrs Iris Wheaton of the North Lexington Association questioned the legality of taking a vote to change a vote She stated that the present meeting was announced as an informal work shop with the next meeting on June 21 Dr Kessler stated that it was posted as a legal meeting of the Board and as such votes could be taken He also stated that if he had confused people, he apologized. Mr Bailey pointed out that the concern of the Board was to consider this particular show before another show could be held Mrs Battin suggested a guide for the future would be to always notify both parties of a controversial issue when the Board plans to reconsider a previous vote so that all parties involved would be informed Dr Kessler stated that the intentions of everyone was obvious There are two groups of citizens in Town that are not getting along as they should be He felt that the situation could be worked out He stated that a vote would be taken at this meeting on one show only under the conditions that Dr Foley, Mr Mazerall and Mr Busa would attend the show and decide which vehicles can legally be parked at the time and, whether or not, in fact, any vehicle can be parked depending on weather conditions The vote is for one show on Sunday Mrs Miley stated that she had attended each one of the horse shows and had no objections to them. She stated that she did feel that the vans should be kept off the field and on the school yard Upon motion duly made and seconded, it was voted three to two, Mrs Battin and Mrs Miley voting NO, to allow the Lexington Light Horse Club to hold a horse show on Hennessey Field on Sunday, June 20, 1976, with the stipulation that Dr Foley, Mr Mazerall and Mr Busa would attend the show and decide which vehicles can legally be parked at the time and, whether or not, in fact, any vehicle can be parked depending on weather conditions Town Manager Dr Kessler addressed the Board and the audience stating that several Selection- past Selectmen who have remained active in Town affairs during the six Input from years of our Town Manager-Selectmen form of government have been asked to former give their feelings as to the pit falls and the problems in the selection Selectmen of a Town Manager He stated that as the selection process of choosing a new Town Manager begins, input from people with knowledge and experience along these lines would be helpful Mr Roland Greeley stated that as he understood it, the Act was deliberately drafted to provide for a weak manager system and that many of the responsibilities were deliberately withheld from the manager in Lexington to leave enough responsibility in certain committees to take advantage of a great resource rather than have a manager so strong that he would not make use of these committees He stated that he would not comment as to whether or not it is a good idea He stated that the Manager that was chosen had very great capabilities, but working with committees was not one of his strong points He felt that it was very hard to get an experienced and able town administrator, truly effective 111in working with the committees and dealing with the community through the f29 Special Selectmen' s Meeting June 15, 1976 committees He stated that he didn' t know how to find one He said that he was sure that they had asked all of the candidates what their feelings were in that connection, and all were very much interested in working with committees Mrs. Rif fin pointed out that the Town Manager had been in office for three years when she became a Selectmen She stated that she felt that there was much that was good about the Act and some things she had hoped would be improved She felt that the person chosen should be open to and responsive to the needs of the community He should have the ability to listen and know what people are saying He should have intelligence and ability, sensitivity to the needs of the Town, and be able to take the initiative and suggest policy Mr Mabee stated that he didn't have much more to add, but would point out that six years ago the Town was not as much polarized as it is now Any manager coming into the Town should be appraised of that fact and sen- sitized to both sides He felt that there were talented people in the Town that should be used judiciously and that the one that walks the middle of the line is not always the most effective Former Chairman, Allan Kenney said that he concurred with most of the statements that were made, and would suggest that the Town Manager Act be left alone. He felt that it was a moderate act with sufficient validity and the Town of Lexington has been relatively stable since the implementation of the Act He felt that Mr O'Connell did well to sur- vive the six years of transition between the new way and the old way He felt that the new Town Manager should be good in administration and dealing with the public and have experience in municipal bargaining He felt that the selection process was very involved He strongly endorsed the plan to rely heavily on the Personnel Advisory Board Dr Kessler stated that he would run through what the selection process was He stated that it started with two members of the Board of Selectmen and Mr Crain of the Personnel Advisory Board These three are to draw up a job description of the Town Manager Start the advertising process and the initial screening is going to be done by the Personnel Advisory Board All applications should be in by the end of July and there will be two weeks to screen out the obvious ones that don't meet standards The final selection will be by September 10 and a choice would be made in October Mr Butler of the Personnel Advisory Board read the ad as follows "TOWN MANAGER, Lexington, Massachusetts -- We seek someone who is professionally qualified, with proven ability, especially fitted by edu- cation, training and previous full-time paid experience in a responsible administrative position in government Our town of 33,000 people, twelve miles from Boston, has a budget of $10,000,000 and 300 employees (ex- cluding the school system) Successful applicant will be responsible to an elected five-member Board of Selectmen Salary is in the thirties Miniorities and women are encouraged to apply Application deadline is July 30, 1976 Send resume and salary requirements to Selection Committee, c/o Board of Selectmen, Town Office Building, Lexington, Massachusetts 02173 All replies will be held in strict confidence 130 Special Selectmen's Meeting June 15, 1976 An Equal Opportunity Employer/Affirmative Action Employer" During the remainder of the discussion, Mr Bailey pointed out that no Town Manager could be expected to attend every meeting of every board and committee Mrs Rif fin also pointed out that she felt that the Town employees should be brought into the selection process Dr Kassler said that a letter had already been sent to Department Heads, boards and committees asking for their suggestions Pole Upon motion duly made and seconded, it was voted unanimously to Concord grant approval of the petition of the New England Telephone Company and Avenue the Boston Edison Company to relocate one pole at the following location Concord Avenue on the southerly side, approximately 267+ (feet) west of Hutchinson Road " Campbell/ Mr Busa, as Acting Chairman, reported on the Campbell/Gilmore dog Gilmore hearing held on June 1, 1976 The hearing was held on complaint by Mr. Dog Daniel A. Gilmore that two Shepherd and Husky dogs owned by Mr George Hearing Campbell were a "nuisance by reason of excessive barking date and night and running loose" After discussion relative to the testimony at the hearing, the Selectmen voted to write to Mr Campbell and notify him of the decision of the Board that his dogs be kept under the following restraints 1 Muzzle the dogs continually and bring them into the house at 9 00 p m. or 2 Equip the dogs with electronic Bark-Training Collars and bring them into the house at 9 00 p m. or 3 Remove the dogs from the Town of Lexington Upon motion duly made and seconded, it was voted unanimously to notify Mr George Campbell of the above decision of the Board Block Upon motion duly made and seconded, it was voted unanimously to in- Party form Ms Carolyn T MacLerman that the Board of Selectmen has no objection to the residents in the York Street area conducting a block party by clos- ing off a portion of York Street from Woodland Road to Grant Street on June 19, 1976 from 7 00 p m. to 10 00 p m. subject to the regulations of the Police Department NET & T Co Chairman Kessler read a petition from the New England Telephone & Boston the Boston Edison Company for permission to relocate a pole on Concord Edison Pole Avenue No hearing was required Relocation Upon motion duly made and seconded, it was voted unanimously to grant permission to the New England Telephone Company & the Boston Edison Company for the relocation of a pole at the following location Concord Avenue on the southerly side, approximately 267+ (feet) west of Hutchinson Road, One (1) pole 21/23 One (1) pole to be removed The Board discussed the Police Policy Review Committee appointments and Chairman Kessler read the charge to the Committee 13 1' Special Selectmen's Meeting June 15, 1976 1 The Lexington Police Department Manual Committee (the Committee) Police shall consist of seven members appointed by the Lexington Board Policy of Selectmen (the Board) It is the intention of the Board to Review appoint to the Committee that Chief of Police and six other resi- Committee dents of the Town, at least one of whom shall be an attorney, for a term of one year 11 The Board will designate an acting chairman of the Committee for the purpose of convening the first meeting at which time the Committee shall elect a chairman and any other officers considered necessary 111 The Police Department Manual shall consist of the current Rules and Regulations of the Lexington Police Department, as approved by the Town Manager and the Board, and any other material which the Manager and the Board may from time-to-time designate 1V The Committee's charge is to review the Police Department Manual and to make recommendations to the Board as to revisions, amend- ments, and additions which may be deemed appropriate by the Commit- tee Specific matters on the Committee might advise the Board shall include, but not be limited to the following A. Recommendations as to the desirability of including in the Manual statements of public policy as to the circumstances and manner in which members of the Police Department are to exercise their powers, insofar as these statements of policy are not inconsistent with the legally mandated responsibili- ties already assigned to and exercised by the Department If such statements are recommended, specific wordings shall be provided B. The desirability of, and extent to which bulletins, direc- tives, and other written communications of the Chief of Police regarding policies and procedures of the Department or the conduct of members of the Department, should be incorporated in the Manual, and the means for effecting this C The distribution of the Manual D A mechanism for providingcontinued up-dating and review of P g the Manual E. Any other matters the Committee considers appropriate V It is the desire of the Board that the Committee report to the Board at least annually one month prior to the closing of the warrant for the Annual Town Meeting V1 The Committee is to function exclusively in an advisory capacity to the Board Copies of notices of all meetings of the Committee, agendas, minutes, etc shall be transmitted to the Executive Clerk of the Board at the same time they are distributed to the Committee Upon motion duly made and seconded, it was voted (Mrs Battin ab- staining) to appoint the following to the Police Policy Review Committee Chief James F. Corr, Lexington Police Department; Mr William C Hays, 29 Locust Avenue; Mr Alexander J Cella, 235 Worthen Road; Mr 111 Robert B Kent, 15 Patriots Drive; Mr Leroy Keith, 11 Birch Hill Road; Mr Hugh M Chapin, 3 Juniper Place; Mr Irving Mabee, 5 Tavern Lane (Mrs Battin abstained in the appointment of Cella preferring to sub- stitute Vernon Countryman 132 Special Selectmen's Meeting June 15, 1976 Upon motion duly made and seconded, it was voted to appoint Mr Robert B Kent as acting chairman who will convene the first meeting at which time a permanent chairman will be elected The Committee is to report back to the Selectmen in the Fall. Sanitary Chairman Kassler called upon Mr Jerry Martin of the Public Works/ Landfill Engineering Department to brief the Board relative to problem of the Sanitary Landfill The Board has received a letter from the Department of Environmental Quality Engineering on June 8 stating that the Depart- ment has completed reconsideration of all available information relative to the operation of the landfill The Department feels that the current operation of the facility contributes serious leachate production and, consequently, creates environmental and health problems The Department will not consider any further lateral expansion of the existing disposal project. It was further stated in the letter that if a suitable scheme for collection and treatment of leachate emanating from the landfill, and if a more definitive plan of action relative to continued operation and/ or proposed upward expansion of the facility is not submitted within thirty days, the Department of Environmental Quality Engineering will plan to take the necessary steps to require complete compliance with the Department's regulations and order phase out and closure of the refuse disposal faci- lity Mr Martin stated that the problem is complex, but the issue is simple We are now operating at a cost of $3 50 per ton and if we go to another method it would cost in the range of $18 00 to $30 00 per ton, and that $20 00 to $25 00 per ton is more realistic If we can maintain the existing site and make improvements, we would be up to $6 00 per ton He pointed out that the acceptable solution to the State would be that any run-off leaving the site be of drinking water quality He feels that the State is committed to a program that would steer the towns into a regional facility Dr Kessler It is my understanding that, if necessary, we can put that water into drinking quality, but it is going to be excessively ex- pensive Do we know what this is going to cost? Mr Martin This is an unreasonable stand to take You are talking about building a water purification plant. Mr Lambie The letter implied that the Town is causing a serious health problem. I think what' s behind it is that the State is more in- terested in keeping us pressured to make us willing to move into regional programs The Attorney General's office is more willing to take action against towns As part of our plan we should find out what the health problem is If we are going to correct it, we should know what it is all about Maybe it is overstated Some attempt should be made to come up with an interim program Would they consider something like 80% accept- able rather than 100%? Dr Kessler We need to buy time We may be faced with a shut-down of the landfill Mr Martin We need to get some positive answers to questions We should meet with them on a technical level We have an area where the ' water is polluted--adjacent to Route 128 because the surface run-off from 1 .3 3 Special Selectmen' s Meeting June 15, 1976 2 1 8 is flowing into the rear of the sanitary landfill area This is the one area that we have been trying to correct for two years Mr O'Connell This is what we are searching for -- we have been trying to get the State to tell us what areas are deficient Request that they define the deficiencies Mr Bailey The State is very ambiguous about the conditions Has someone established that the down stream has leachate? Mr Martin. The water entering the site adjacent to Route 128 is polluted. The water level there is class 2B Mr Lambie We should find out about the health hazard Then we could come up with a plan that we could collect and treat the leachate to some degree and apply to the EPA for a permit to discharge into the stream. Mr Martin Most of the landfills have been closed down for serious violations In Lexington there aneno written rules that we are in viola- tion of We are in violation on interpretation that they will not define The only solution to the problem is through the courts Dr Kassler I would like to propose that we ask Mr Lambie, Mr O'Connell and Mr Martin to put in writing their proposal and maybe try a double pronged approach and buy some time Mr Martin We should collect data in view of a possible court ac- tion Mr O'Connell A positive action plan would not get State approval, but it would get us three to five years time Mr Martin The problem is that we have one area of trapped leachate going into the sewer system. The State claims it constitutes Class B Water Dr Kassler expressed his thanks for the update on the question and will write to David Standley, Commission of the Department of Environmental Quality Engineering for the Commonwealth requesting a meeting with he and Secretary Murphy to discuss the matter further Mrs Battin informed the Board that RePlace was looking for a new RePlace director and wondered if the Selectmen wanted someone on the Board to be Director in on the final selection It was agreed by the Board that Mrs Battin would represent them in this matter The Board again discussed the request of Mark Moore for permission to Mark Moore install Town & Country lights on Lois Lane Donald Noyes has called and Lights said that the people would be willing to pay the extra cost for the Lois Lane lights Mr Bailey suggested that Town Counsel could look into the matter and perhaps work out a plan that the Board could vote on The Board discussed the problem of the Melting Pot International be- Melting Pot ing forced out of their present location to be replaced by a bank It was brought out in the discussion that the Chamber of Commerce was going to appear at the hearing in opposition to another bank in Lexington Center Mr Bailey cautioned the Board about getting mixed up in dealing with I what goes on in the Center He pointed out that there would have to be 134 Special Selectmen' s Meeting June 15, 1976 1 a change in the zoning laws to prevent this Dr Kassler stated that he, too, was concerned about the appropriatness of the Board taking a stand in the matter It was agreed to discuss the matter further at the next regular meeting on June 21 Upon motion duly made and seconded, it was voted to adjourn at 10 15 p m. A true record, Attest l4L4 Principal Clerk, Selector 1 I