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HomeMy WebLinkAbout1976-03-24-BOS-min 2 g SELECTMEN'S MEETING March 24, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Wednesday, March 24, 1976, at 7 00 p m Chairman Kassler, Mr Bailey, Mr Buse, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Mr O'Connell recommended that the Board grant permission to Mass- Permit - casting Production Studio of Boston to film a television commercial for Battle a national automobile manufacturer at the Lexington Green and the walking Green Area path at the Buckman Tavern A car would be parked either in the street or on the gravel path. Upon motion duly made and seconded, it was voted to grant permission to Masscasting Production Studio to film a television commercial at the Battle Green and Buckman Tavern area on March 30, 1976, with the under- standing that the regulations set forth by Mr O'Connell are to be com- plied with. Mr O'Connell informed the Board that a proposal has been received Council from the Council on Aging to increase the membership from 7 to 9 members on Aging The Council is working on the development of a volunteer corps, which will be of great assistance to them, and the person to lead the volunteer corps could become a member Also, the Council hopes to have some direct representation from the Senior Citizens Club in order to improve communi- cations Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Town Manager to increase the membership of the Council on Aging from 7 to 9 members. Mr O'Connell With the resignation of Mrs Helen Sullivan, we will have three vacancies and three people will be proposed to fill these posi- tions Mr O'Connell informed the Board of an invitation from the Department Energy of Community Affairs for application for grants for technical assistance Conserve - on energy conservation Grants would be approximately $4,000 each, and D C A could be up to $9,000, for the purpose of funding a local energy project Grants If the Board agrees, application could be made and Mr Herbert Grossimon would be asked to assist in building up a task force The Board agreed Mr O'Connell recommended approval of a transfer request of $660 00 Transfer - to Account #3500-Animal Control Personnel Services, to pay the Assistant Account Dog Officer for the remainder of FY 76 for 33 days, 5 vacation days and #3500 1 day, in case of emergency at $20 00 per day Upon motion duly made and seconded, it was voted to request the Appro- priation Committee for approval of a transfer from the Reserve Fund to Account #3500 30 Selectmen's Meeting March 24, 1976 O'Connell Hydrant- Mr O' Y 1 i nformed the Board that the Historic Districts Com- Trash Can mission was unwilling to approve two Bicentennial projects in the Battle Painting Green/Center area on painting hydrants and trash cans Mr McSweeney Projects feels that he can turn the trash can project over to school students, who had requested it, and he will make arrangements to locate them elsewhere Mr Bailey On the hydrants, I would encourage them to look outside the Historic Districts' area The Board agreed. Bejian Mr Cohen discussed the decision of the Board on October 29, 1974 to Sewer deny the request of Mr Roger Bejian for an abatement of the sewer better- Betterment ment assessment on his property at 17 Kimball Road Mr Cohen Rep Carol Amick called me as she had been contacted by Mr Bejian for her assistance in approaching the Board for reconsideration as it is great hardship for him. This lot has been been bettered and paid for I talked with Mr McSweeney and he said that, consistently, we have not abated this type of thing The Board might want to abate part of it but, legally, we don't have to Mr Busa We discussed this twice and if we take a stance other than this, there are many people in Town who will come to us on a hardship basis Mr Bailey I agree We have taken a consistent stand and I feel there would be great difficulty Mr Cohen It can be paid over a 20-year period It was agreed that no further action is to be taken on the previous vote to deny Mr Bejian's request Landfill Chairman Kassler read a recommendation from Mr McSweeney to continue Holiday the previous practice of closing the landfill on holidays, which will Closing apply to Easter Sunday and Patriots' Day Upon motion duly made and seconded, it was voted to close the Hartwell Avenue Sanitary Landfill on Easter Sunday, April 18, and Patriots' Day, April 19, 1976 Mr McSweeney agreed to publish a notice in the Lexington Minute- man for the information of citizens Position on The following Articles for Town Meeting were discussed for a position 1976 of the Board Articles Article 30-Planning Bd -Community Development Needs-Open Space Agreed to table decision 31-Bd of Sel -Estabrook School Parking Drains Mrs Miley An amendment will be presented tonight for $10,000, with the recommendation of the possibility of it being used for some sort of reconstruction, and it would be dealt with under the Conservation Com- mission Mr Bailey Make it clear to Town Meeting that this Board acted in re- sponse to a formal request from the School Committee, who were pressured by citizens Now, the citizens are coming back and saying no 3 ' Selectmen's Meeting March 24, 1976 Article Mrs Miley They are probably different citizens Mr McSweeneyI believe, regardless of what theprice is, I'll end up with the work Mrs Miley. Mr Whitman will present it and I don't think he has that in mind. 38-Rec Com.-Harrington School Ballfield-Unan Support 39-Rec Com.-Center Pool Renovations-Unan Support 40-Rec Com.-Center Playground Baseball Field Lighting-Upon motion duly made and seconded, it was voted to support Article 40 for $32,000 Mrs Battin and Mrs Miley voted in the negative -3---2 41-Rec Com.-Diamond Junior High Tennis Courts-Unan Opposed 42-Citizens-Turning Mill Rd Area Private Tennis Courts Mr Cohen Previous cases indicate you can't use Conservation land Mrs Miley It is a precedent I don't want started -Unan. Opposed 43-Rec Com.-Charles F Gallagher, Jr Tennis Courts -Unan Support 55-Cons Com.-Tophet Swamp Land.-Town Purposes -Support 61-Cons Com.-Grassland Paper Street Dr Kassler Conservation wants to present it for Conservation purposes Dr Kassler, Mrs Battin, Mrs Miley support Conservation Mr Bailey and Mr Busa support General Town Purposes -3---2 63-Citizens-Noise Conditions Study-Unan Opposed 64-Cons Com.-Abandonment of Old Way at Whipple Hill -Support 71-Bd of Sel -Public Drinking By-Law Mrs Battin L W V is doing research and I have asked for the report - Decision Tabled 76-Citizens-Police Department Manual Committee Mrs Battin It is written as a By-Law Committee; as a Selectmen's Committee, it loses visibility With something as important as this, I would hope that we, as a board, would support its great strength as a By-Law Committee Mr Bailey Once a By-Law, you have it forever until you go back to Town Meeting If it is a Selectmen's Committee, you can give a charge to the committee, and get rid of it in a few years Dr Kassler As long as the Selectmen make the appointments, control of whether you have an active committee still lies with the Selectmen My feeling is now if we want a group to look over the manual, I would rather see a group with the sanction of the Board It is my feeling that it is important to get it through now, rather than worry about having it for 5 or 10 years Mrs Battin This is my article When the Youth Committee was being established, the Selectmen asked, "Why make it a By-Law Committee, make it an Advisory Committee" and we'll see how it works out It was made a Selectmen's Advisory Committee and the result has been that people have forgotten about it The Selectmen have not given it the assignments that fall within its mandate We have not held it accountable for carry- ing out functions originally assigned and no one has held us accountable for doing so I think the Police Manual Committee should be a By-Law I Committee or like the Youth Advisory Committee, it can become moribund if the Selectmen choose to ignore it 32 Selectmen's Meeting March 24, 1976 Article Mr Bailey- Just putting a tag on it doesn't keep the committee from being moribund Mr Busa My reason for opposing it is that I am very much against a citizen review board, which is what this committee will end up as I would hate to burden this town after we five are gone We are a policy- making body, and if we can't take this responsibility to look over the Police manual we shouldn't be here I believe this is a citizens' article and I can't see a member of this board saying that this is my article This is a citizens' article Mrs Battin It was on my list of assignments for Town Meeting (Mr Bailey claified the fact that it had been listed erroneously ) It is an issue we have to take a stand on because, in answer to Mr. Busa, we are policy making under G L Chapter 41, s 97 (Police Department to Certain Towns) The recommended committee would only require review and recommendations to the Board The power and responsibility for establishing policy still resides with the Board Mr Roger Trudeau I signed the Citizens' Article A By-Law Committee is required to report in the Town Report and it is an avenue of getting a message to the public In terms of Mr Busa's comment, I would have opposed a citizen review board We are asking the Selectmen to support this article, and there is a need for it. Dr Kassler Is it a fair statement that everybody favors the article, more or less? Mr Busa I don't support it entirely If a group of citizens wants us to look over the Police manual, I have no objection - but i object to it as part of the By-Law forever I would like to have a poll of the Board Chairman Kassler All those in agreement, at least more or less, that you would like to have the Article? Mr Busa Are you asking to support it "as is" or "amended?" Chairman Kassler I would support it both ways Upon motion duly made and seconded, it was voted to support Article 76, as written Mr Bailey and Mr Busa abstained Upon motion duly made and seconded, it was voted to support Article 76, in an amended form. Mrs Battin and Mrs Miley abstained Mr Busa If defeated on Town Meeting floor as a By-Law Committee, then you are proposing to have a citizens' committee looking into it? Chairman Kassler I assume somebody would amend it on the floor Mrs Battin Rather than lose it entirely, I would vote for it as amended, but I would rather have it as a Selectmen's By-Law Committee Executive Upon motion duly made and seconded, it was voted, 5-0 by roll call vote, Session to go into Executive Session to discuss strategy with respect to litigation, negotiations on real property, and the reputation of a person After discussion, it was voted to go out of Executive Session 33 Selectmen' s Meeting March 24, 1976 Upon motion duly Y made and seconded, it was voted to adjourn at 7 58 p m. A true record, Attest 54A) ��'l mac-„- )91 ) Executive Clerk, Selectmen