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HomeMy WebLinkAbout1970-04-21-BOS-min v Y SELECTMEN'S MEETING April 21 , 1970 I A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Tuesday, April 21, 1970, at 7:30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel ; Mr. O'Connell, Town Manager; Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present Mr. O'Connell requested the Board to sign the notification in writ- ing the report to the State Department of Public Works, as prepared Chapter under Chapter 768, which verified the amount of money, $52,651 .29 Town 90 Meeting has appropriated; this is the actual money that the State will reimburse the Town for highway maintenance. Upon motion duly made and seconded, it was voted to sign the noti- fication in writing, as prepared under Chapter 768, verifying money,, in the amount of $52,651 ,29, for reimbursement from the State to the Town for highway maintenance. Mr. O'Connell reported to the Board that he had met with represent- atives of the Lions Club, the Public Works Department and Chief Corr Lions regarding a permit for the July 4 carnival . The Lions Club agreed to Club use the open area at Parker Field; he recommended that the Board recon- Permit sider the request for a permit, which had been pending. The Chairman said that the Board would like the hours for setting up and dismantling agreed upon and they would become part of the per- mit and, also, the trailers must not be in areas other than those specified. Mr. O'Connell said that the Lions Club agreed to set up in the area agreed on Mr. O'Connell requested the Board to authorize the fees for the boarding of dogs in the kennel on Wood Street. He recommended a fee of $5.00 for the first day and $2.00 per day thereafter that the dog Dog is held. The $2.00 fee is rather the accepted rate and is what the Fees County recommends and uses. The Dog Officer would keep a dog for ten days and if it is not picked up, it would have to be disposed of The Chairman asked if we do this, does our liability change at all? Mr O'Connell replied in the negative. The Chairman asked if we get paid from the County now? Mr. O'Connell replied that if the dog officer retains the dog for ten days and then sells the dog, the County reimburses the Town for the ten days board at $2.00 a day. If the Dog Officer gives the dog away, we can't collect from the County The Chairman asked if there is reimbursement from the County if we keep a dog for only five days';: Mr. O'Connell said that the owner would pay us I CI r The Chairman asked if all of the mechanics had been worked out? Mr. O'Connell repliedthat they were; the •Dog Officer turns the money over to the Town Treasurer Upon motion duly made and seconded, it was voted to approve the following fees for dogs, as recommended by the Town Manager: I A charge of $5 00 for the first day. 2. A charge of $2.00 per day for each day thereafter that the dog is held. Mr. O'Connell said that a request had been received from the Marine Corps League for a parade on June 20, 1970, to start around II 00 A.M. at the Barnes property to the Green, where a memorial ser- vice would be held for all deceased Marines and a flag ceremony. There will be members of the Marine Corps League, a group of twenty- five young Marines and a drum and bugle corps. They request an exchange of flags as they would like to present an American flag to be raised on the flag pole at the Green. They ask that the flag now Marines flying be given to them to be included in the Marine Corps Hall of Ceremony Flags in Quantico It was agreed that Mr. O'Connell is to make arrangements for a substitute flag to be flown at the Green and exchanged during the Marine ceremony. Upon motion duly made and seconded, it was voted to grant per- , mission to the Department of Massachusetts Marine Corps League for a parade to start at the Barnes property to the Battle Green and to conduct a memorial service and flag raising ceremony on June 20, 1970 at 11 00 A.M Upon motion duly made and seconded, it was voted to grant the request of the Boston Edison Company for "Leave to Withdraw" the Bedford St petition, dated January 26, 1968, for six poles on Bedford Street, as Poles shown on Plan 43-AP dated December 21 , 1967 The Chairman read a letter from the Lexington Commission on Sub- urban Responsibility informing the Board that two members have re- signed, Mrs. Jean Christensen, representing the League of Women Voters, and Mr Gerald McLeod, representing Route 128 industry LCSR requested the appointment of replacements as soon as possible. Also, the appointment of two high school students to regular membership on LCSR the commission The Chairman said that their resignations should have been sent to the Board of Selectmen. Mr. Greeley recommended that the Board ask the League of Women Voters for nominations to replace these members. We had one student on the commission but she is graduating this year and was not re- appointed, we could contact her and ask her to make arrangements for nominations from the student government It was agreed to request three nominations, each, from the League of Women Voters and Route 128 industries. The Chairman and Mr O'Connell will talk with Route 128 industries and Mr. Greeley will take care of nominations from the high School student government. Upon motion duly made and seconded, it was voted to increase the membership of the Lexington Commission on Suburban Responsibility to include two students from the high school Mr. Frank Sandy met with the Board The Chairman said that he had received a copy of a letter Mr. Sandy had written to Mr. O'Connell , Town Manager, in which Mr Sandy explained his reasons for supporting the referendum on the Town Office Building. The Chairman read an excerpt from Mr Sandy' s letter, as follows "As you know, I opposed the plans for the office building last year because I thought that a disinterested group such as the Perma- nent Building Committee should have control over the design and I opposed the construction this year because I felt that the price was excessive and the Selectmen's committee did not give adequate consider- ation to use of the Cary Memorial Building for meeting space. Since I am as fallible as the next Town Meeting Member, I normally oppose the seeking of referenda except in extraordinary cases As was shown here, it is not hard to obtain a referendum and utter chaos would re- sult if each factionof the Town Meeting sought one whenever it lost a fight. However, in this case, the Chairman of the Selectmen and Mr. Sandy some of his supporters in the Town Meeting have already indicated their intentions to seek a second referendum on the Junior High School in September. I believe that there is a direct conflict of priorities between these two projects and if the school must be submitted to the voters again, I feel that the office building should be also. If the office building is defeated and resubmitted to a later Town Meeting, I would probably still oppose it if the plans were unchanged. How- ever, assuming the school has passed by then, I would not support a second referendum on the office building " The Chairman informed Mr. Sandy that he is entitled to his opin- ion and reasons for a referendum but his concern is that Mr. Sandy flatly said the Chairman of the Board of Selectmen has intentions to seek a second referendum on the Junior High School in September. He asked Mr. Sandy if he would like to explain what he means by this and who specifically gave him this information. Mr Sandy said that he didn't feel like naming names but he was told this. He did not make this public information but had written to Mr O'Connell and did not write it to the newspaper. The Chairman said that he has heard from several sources, besides the letter, that Mr. Sandy has made this statement, and these sources are reliable. He said that Mr. Sandy and his sources are wrong What- ever people tell you about any public officials, especially this Board of Selectmen, you should give them the courtesy of finding out the truth. You, or your friends, are certainly not acting in the best I Aon interests of the Town by accepting rumors as the truth and not finding out if it actually is. I em available, as any member of this Board is, and would be very happy to face these people with yourself and have them justify their statements to you. If they had any concern or loyalty to +he Town, they would come forward and get the matter straightened out Unless they do this, you are going to have to ac- cept the fact that they were not telling the truth. Mr Sandy said he apologized, if that makes a difference. The Chairman said that he supported the plan money at Town Meet- ing but he also said he had some questions about the plans but was sure they could be resolved with the Building Committee. Isn't that what I said? Mr. Sandy said that he remembered the Chairman said that the Selectmen were unanimously in favor of money for the plan but be- lieved it was something else he had said about the plan, but he didn't know beyond that He had heard that the Chairman said this is worse than the original one because it doesn't contain expansion facilities and would seek a referendum The Chairman said that he had said to the School Committee, pub- licly, and to the Building Committee that he felt they were wrong in taking out the expansion capabilities. You have no right to put this in a letter and keep the rumor going If you want to be for a refer- endum, it's all right for you to do so. Mr Sandy said that he had not publicly stated that; it was only in a letter to Mr. O'Connell . Mr. Kenney said that some of the proponents for this office build- ing referendum somehow keep saying there will be a referendum on the Junior High School . As chairman of the Town Office Building Committee, he is getting sick of people calling up saying, either the Junior High or a referendum on the building He didn't support the Junior High referendum the last time either Then you come out with a letter. Mr. Sandy disagreed that this is it. For the major part, he thinks the Town is spending too much money. They may be against spending, but you are not giving them a choice and many are against paying a higher tax. By having a vote on the Town Office Building, he felt it was more wasteful not to let the people have a vote. Mr. Kenney asked if he was saying we would have a referendum if it passed? Mr. Sandy said that the decision was made before - between Town Meeting and when the referendum started. The Chairman asked him why be did not come in and ask us? Mr. Sandy said that because he thought if it was not tor publica- tion, he didn't think you would tell it to me. The Chairman asked Mr. Sandy why not bring the fellow in to say he had made a public statement; you say he told you and won't say who he is because this is in confidence. Mr. Sandy said that he said you made the statement but .I. didn't' have to say who divulged it He has stated it to Mr. O'Connell who is perfectly free to take what he has said and make his own decisions; he 111 is capable of listening to you or to me and capable of making a decision 66 The Chairman said that if this fellow had the best interests of the Town at heart, he would come to me. Mr. Greeley said that an important point is, if you or some people you talk with, feel the attitude of the Chairman of the Board of Selectmen, in regard to the referendum is an important factor, then it is important for you to recognize that the Board has no intention of supporting a referendum; he wished Mr. Sandy would revise their estimate of what is important on the basis of the information he now has and it is up to Mr. Sandy to recognize that he was writing to Mr. O'Connell on the basis of misinformation and will now revise it Mr O'Connell asked Mr. Sandy what was his point in writing him and mentioning this statement? Mr Sandy said that the purpose is, he feels Mr. O'Connell is one of the people strongly in favor of the office building and has been helpful to him in gaining information, both Mr. O'Connell and Miss McDonough, and said in the past that a referendum is an irre- sponsible means of Town government because they give the voters a choice on only one issue and not given a choice on the other issue tied in on it. I was not involved in discussions and feel that ref} erenda do not serve a useful purpose. On the referendum on the high school , the voters were against a high tax rate and this year, he feels the voters should be given a choice. The Chairman said that no one has any objection to it; he had talked with Dr. Madoff and had helped him and no one is standing in the way of any referendum Mr. Sandy asked if the Chairman was saying he was in favor of a referendum or not? The Chairman said that he was saying at this time he has no intention of getting a referendum on the Junior High; you have your rights for a referendum, but don't drag me into it; you have no basis, no one knows how I feel about the school building. Mr Sandy asked if the Chairman believed Mr. Buse and Mr. Michelson have no intention? The Chairman said that he didn't know about them. He intends to meet with the Building Committee within the next two or three weeks and tell them how he feels. You have no right to write this letter. If anybody had the best interests of the Town at heart, just come before me and I would be happy to talk with them, because this is not my position. Mr. Kenney said that he didn't think anyone could make up their minds; he didn't support the last one; it bothers me to hear about a referendum on the Junior High or the Library Mr Sandy said that he thought it is a poor way to go. Mr. Greeley said that Mr. Sandy presents good reasons against the way the referendum is being used but it seemed to him that, un- intentionally, Mr. Sandy has been playing into the hands of the people using it. I would hope we could all help to keep the threat of a referendum out; therefore, to speculate openly as to whether so and so is going to put out a referendum is inviting trouble. 67 I strongly suspect some people are talking about it but hope there is a possibility it could be talked of as little as possible You have asked if we knew of people plotting a referendum. Mr Sandy said that he had said that Mr Busa was specifically planning a referendum and I asked the Chairman if he thought it was true about Mr. Busa The Chairman said that you referred to me and my position in the Town if I was against the Junior High, at this point I would have voted against the plan. Mr. Sandy said he thought that the Chairman didn't like the plans The Chairman said, no plans exist; he had supported the plan money but intends to talk with the Building Committee about the final plans. Mr Sandy asked why he didn't tell Town Meeting what his objec4. tions were and, in September, you oppose for that reason. The Chairman said that giving my reasons at Town Meeting would have accomplished nothing; the people that want to hear them are the Building Committee For anyone to make a statement about my position, he should have justification; you have none; any other issue is sec- ondary Again, if you and this fellow have the interest of the Town at heart, call me and say that in front of me and see if he will say it I would be very happy to do this We don't want you to change your vote or mind on the referendum Mr. Sandy said that he had written to Mr. O'Connell; you are the one that brought it out in open meeting, not me. Mr Greeley said that Mr. Sandy knows one person, maybe more, and we would appreciate it if you would correct that with them Mr. Sandy said that this reached you other than in the letter. Mr. O'Connell said that it reached the public domain prior to the letter; the disclosure of the content of the letter is not what made this public. Mr. Sandy said that he wants to say he is not advertising this publicly His personal reason for seeking a referendum is that he thinks the town office is extravagant, it should have been designed by the Permanent Building Committee. He has had sources Convince him there would be a referendum on the Junior High in the fall Mr. Kenney asked how do we organize against that rumor? Nobody has come out and said so and so publicly stated he will have a ref- erendum and yet people who are proponents of this referendum are using that The Chairman said that there are probably six or eight reasons that come back to this office, and personal reasons against myself; each time I called them and asked them the reasons why and each one denied it; each one involved me as a person and each one denied it. This is why I asked you to bring this person in and get it pquared away. Thank you for coming in and, if there are any questions of any member of this Board, come directly to us and we will answer any question you want. Mr. Sandy asked if he is correct in understanding the Chairman is opposed to a referendum on the school in the fall? ti The Chairman replied that he has no feeling at this point on the referendum. The last time he signed the petition paper and voted against it. Mr. Sandy asked, as of now, are you not committed to a referendum? The Chairman said that he has no feeling about the fall . Mr. Sandy retired from the meeting. The Air Pollution Committee met with the Board. Mr. Kenney said that the Air Pollution Committee recommends that outdoor burning be Permitted only under exceptional conditions of un- due hardship or special circumstances, such as a diseased tree that must be destroyed. An exception may be granted only if in the opinion of the Fire Department, it is warranted. Authorization for an except tion will be in writing and must be supplemented by telephone permit on each day of burning. As already established, no fires will be permitted during period of air pollution alert or when other condi- tions of hazard or nuisance exist He said that essentially the com- mittee is recommending that the Board adopt a policy of completely restricting open burning in the Town with a small escape clause for certain unique situations which would require approval of the Fire Chief. The Chairman asked how he felt this restriction could be accom- plished? Mr. Kenney replied that under the rules and regulations we now operate, we would have the authority. Air The Chairman asked if he was asking for a vote of the Board to Pollution only issue permits under these conditions? Committee Mr. Greeley said that Mr. Kenney' s point is that we are respon- sible for the issuance of permits through the fire department now and we have the right to control . Mr. Legro said that the fire department is now issuing burning permits under the policy of the Board of Selectmen. Mr. Kenney said that no permits are being issued now. He be- lieves that very shortly the State will Issue a regulation that will not permit open burning of any combustible material including, but not limited to, refuse as defined in their regulations. Rather than go through written permits, we might as well go the way the State would force us to go, anyway Mr. Mabee asked why we should do it now, why not wait if it is only going to be a short period before the State regulation? Mr. Sing said that we don't have to change any By-Law to do what we are asking We are saying we would like to see you estab- lish a policy until the State comes out with the regulation around July I ; the period between now and July I is spring cleanup time Mr. Eisenberg said that public hearings are being held new and this would require promulgation and issuance; when the Attorney General signs it, it will become a law without any further publica- tion. He had last heard they might hold up outdoor burning because some communities might not be able to cope with the problems re- sulting. I Mr. Mabee asked what advantage it would be to the Town to put down on paper and try to enforce a rule which would later be adopted by the State? Mr. Eisenberg said that there is a considerable amount of burning in the Town and he personally felt it was a hazard to his health Mr. Mabee felt there would be more of an impact if we coincided with the State. Mr. Adams of the Minuterman said that there would have to be a considerable amount of publicity on it and we are going to have to pay Deputy Wardens to go around and stop it. Mr. O'Connell felt that even if Lexington said, tomorrow, we would want to go ahead and do it, these problems might not make it effective before July I To make it readily effective, the State is counting on municipalities doing the enforcement. There would have to be visual detection of violation of controls and this would call for some planning and some money and equipment allocations, which would need careful study. The Chairman said that if we adopted this and someone lights a fire, what is the penalty? Mr. Sing said that under Chapter 48, Section 13, the fine is $400 for burning in an open area without a permit. They have never had a conviction but last year there was better than 150 warnings given by the Fire Department. Mr. Bailey asked if there would be any hardship on the part of the Town? Mr. Eisenberg said that there are not enough enforcement officers in the Department of Public Health Mr. Mabee recommended that the issue be given to the Town Manager to study how it could be implemented, he would need to enforce it, how much money it would be, and to come back to the Board within five or six weeks and make a specific proposal . We don't want to go into this too soon and we need an effective date on when this would begin. Mr. Kenney asked if the Board could adopt the intention right now? Mr. Bailey objected and said that he would prefer to look to July I because we may be faced with it then and we will try our level best to enforce it if it is the law; and this would give Mr. O'Connell time to study it Mr. Adams said that they would have to make a study of a disposal incinerator as there would be many telephone calls on this and will have to end up by having to get a municipal disposal . Mr Sing said that it would have to be a regional one as no town could afford one Mr. O'Connell said that if you say you cannot burn, we give them disposal problems which we cannot cope with The Chairman said that we can see the problems coming and agree we should look at it and see what is the best way to approach it Mr O'Connell said that he could report back to the Board in a month The Chairman asked him to came back as soon as he can. Mr Greeley added that the report should state how soon Mr. O'Connell felt it could be implemented, we don't want to get involved in posting a regulation we can't implement. Mr. Mabee was solidly behind the intent. It was agreed that Mr. O'Connell is to report back to the Board within a month The Air Pollution Committee retired from the meeting. Upon motion duly made and seconded, it was voted to go into Exe- Executive cutive Session for the purpose of discussing, deliberating or voting Session on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person After discussion of matters concerning the finances of the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10.05 P.M A true record, Attest A;J Executive Clerk, Selectmen Cf/ �L. I