HomeMy WebLinkAbout2002-10-BOS-minSelectmen's Meeting
October 7, 2002
A regular meeting of the Board of Selectmen was held on Monday, October 7, 2002 in the
Selectmen's Meeting Room at 7:30 p.m. Chairman McSweeney, Mr. Enrich, Mrs. Krieger, Mrs.
McKenna, Mr. Kennedy; Mr. White Town Manager, Mr. Lahey, Town Counsel; and Ms. Smith,
Executive Clerk were present.
Public Comments
Lorraine Fournier complained about an article that appeared in the Lexington Minuteman
concerning the ground rules for public behavior at Selectmen meetings. She feels there should
also be ground rules for the Selectmen.
John Rosenberg felt the Board members should not be subjected to personal attack and might
want to establish procedures for the public when addressing the Board.
Consent Agenda
Upon motion duly made and seconded, it was voted to sign the Warrant for the State Election
when it is ready later this week.
AT &T Corp. Grant of Location — Mass. Ave. at Woburn Street
AT &T Corp. representative Bryce Murray reviewed the petition for a grant of location to install
two 4" conduits 71 ± feet under the surface of Massachusetts Avenue @ Woburn Street to
existing Verizon Manhole #6 to enable AT &T to join Verizon's existing conduit system and
upgrade service requirements in Lexington.
Upon motion duly made and seconded, it was voted to approve the petition of AT &T Corp. to
install and maintain underground conduit under the surface of Massachusetts Avenue @ Woburn
Street: Place two 4" underground conduits from pole #54/115 near #1557 Massachusetts Avenue
at Woburn Street to an existing Verizon manhole #6 in Massachusetts Avenue a distance of 71
feet. A 72 fiber cable will be placed in this conduit through Verizon's existing conduit into their
Central Office at #130 Waltham Street.
AT &T Corb. Grant of Location — Waltham Street
Mr. Murray reviewed the petition for a grant of location for AT &T Corp. to install two 4"
conduits 43± feet from pole #195/9 under the surface of Waltham Street to the Verizon Central
Office.
Upon motion duly made and seconded, it was voted to approve the petition of AT &T Corp. to
install and maintain underground conduit under the surface of Waltham Street. Place two 4"
underground conduits from pole #195/9 near #130 Waltham Street to an existing Verizon
Selectmen's Meeting — October 7, 2002
Manhole #220 in the sidewalk in front of #130 Waltham Street a distance of 43 feet. A 72 fiber
cable will be placed in this conduit through Verizon's existing conduit into their Central Office.
Electric Utility Ad Hoc Committee
Committee members Paul Chernick and Roger Borghesani reviewed a report of the work of the
Electric Utility Ad Hoc Committee that focused on reducing the cost of electricity for municipal
accounts, town -wide aggregation of power supply, reliability of power delivery, double poles
and municipalization of the electric delivery system. The Committee is looking to the Board for
authorization to send two letters. One is on double poles. The other letter concerns a request for
information regarding the possibility of becoming a municipal aggregator.
Board members asked many questions.
Upon motion duly made and seconded, it was voted to authorize sending the letter concerning
the double poles with modifications that ask for a timeline and plan for removal.
Upon motion duly made and seconded, it was voted to authorize the Chairman to send the letter
concerning municipal aggregation if the Committee deems it necessary.
PAYT Survey Results
Solid Waste Coordinator Robert Beaudoin gave the Board an updated report on the tonnage
going to the incinerator and the recycling tonnage for the month of September. Board members
talked about increased outreach and education concerning the importance of recycling and
reducing the amount of trash going to the incinerator.
Mr. Beaudoin also reviewed four possible options to reimburse citizens for bag tags and barrel
labels. There was much discussion among Board members concerning the four options resulting
from the survey.
Mr. Enrich felt the Board should use Option 4 and not reimburse anyone. Mr. McSweeney felt
we should see who has receipts and give them their refund and be done with it. Mrs. McKenna
felt it is important that we treat everybody equally across the board and give equal access for
refunds whether for barrel labels or bag tags. Mrs. McKenna indicated she is looking for options
of how to fund from staff Mrs. McKenna also felt she would like to get reactions from the
Appropriation Committee and Capital Expenditures Committee. Chairman of the Appropriation
Committee Deborah Brown indicated the Committee would have the matter as the first item on
the agenda at Thursday's meeting and review the options and offer their opinion. Mrs. Krieger
indicated she is supporting Option 4 for no reimbursement. There is no equitable way of
reimbursement. Taxes were lowered by $747,000. We are entering into a very tight budget year.
Mr. Kennedy indicated he would like to sit on the matter for a week or two.
Selectmen's Meeting — October 7, 2002
Mrs. McKenna asked the staff to look at the options and try to resolve in FY03 rather than a
warrant article for FY04. Mr. Kennedy indicated his preference would be to do it this year. Get
it done now and not carry it forward.
Mrs. McKenna indicated it was her understanding that the coordinator's position would be
eliminated if PAYT was not reinstituted. I would like to get a copy and see what the purpose of
the grant is. Mrs. Krieger indicated the reason why we have a coordinator is that we are able to
maintain 1200 tons of savings. We are fortunate the coordinator's salary is being paid for with
grant money.
DPW /Senior Center Reuse Disposition Committee Charge and Membership
Board members discussed a proposed charge and membership for the DPW /Senior Center
Facilities siting. Mrs. McKenna expressed concern that the charge presupposes that the DPW
Facility would be located at Hartwell Avenue. Other Board members felt the charge as presented
was appropriate. Mr. Enrich proposed changing the Committee title to DPW Facility /Senior
Center Re- evaluation Advisory Committee and changing the word in the first sentence of the
charge from disposition to future use. After much discussion on the timetable for reporting back
to the Board, it was decided to add the date of February 1, 2003 to the charge.
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to adopt the charge
with the changes noted.
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to appoint the
following individuals to the DPW Facility /Senior Center Re- evaluation Advisory Committee:
Bill Kennedy, Jeanne Krieger, Paul Lapointe, Don Chisholm, Don Graham, John McWeeney,
Marshall Derby, Dave Eagle, Barbara Lucas, Michelle Ciccolo, John Davies and Steve Hurley.
Resignations /Appointments/Reappointments
Upon motion duly made and seconded, it was voted to appoint /reappoint the following:
20/20 Vision Implementation Committee
Reappoint Alan Lazarus for a three -year term to expire September 30, 2005.
Reappoint Jerome Smith for a three -year term to expire September 30, 2005.
Board of Appeals Associates
Reappoint Jacqueline B. Davison for a one -year term to expire September 30, 2003.
Reappoint Elizabeth Sahatjian for a one -year term to expire September 30, 2003.
Reappoint Maura Sheehan for a one -year term to expire September 30, 2003.
Reappoint David Williams for a one -year term to expire September 30, 2003.
Reappoint Carolyn Wilson for a one -year term to expire September 30, 2003.
Reappoint Martha Wood for a one -year term to expire September 30, 2003.
Selectmen's Meeting — October 7, 2002
Fair Housing & Human Relations Committee
Reappoint Michelle Waters - Ekanem for a two -year term to expire September 30, 2004.
Tourism Committee
Appoint George Comtois for a term to expire September 30, 2003.
Town Celebrations Subcommittee
Appoint William Mix for a one -year term to expire September 30, 2003.
Town Report Committee
Reappoint John Ayvazian for a one -year term to expire September 30, 2003.
Reappoint Robert Morrison for a one -year term to expire September 30, 2003.
Reappoint Audrea Simpson for a one -year term to expire September 30, 2003.
Reappoint Zelda Sokal for a one -year term to expire September 30, 2003.
Reappoint David Tabeling for a one -year term to expire September 30, 2003.
Use of Battle Green
Upon motion duly made and seconded, it was voted to approve the request from the Lexington
Preschool PTA for use of the Battle Green on Saturday, October 26 between 8:45 and 11:00 a.m.
with a rain date of October 27.
Town Manager Appointments
Upon motion duly made and seconded, it was voted to approve the Town Manager's
reappointment of Don Chisholm to the Recreation Committee.
At Risk Budget Prioritization Update
Mr. White reviewed the planned process by which a prioritized list of programs to be put at risk
on an override is to be developed. Current plans are to come up with 20% of programs totaling
$19,274,769 and staff will be working to develop the prioritized list.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
September 9, 2002.
Selectmen's Meeting — October 7, 2002
Town Manager Reappointment Process
Mr. McSweeney explained that the intent is to have the Town Manager's reappointment on the
Agenda for October 21 and Board members should be prepared if they wish to have a discussion
at the meeting. Mrs. McKenna inquired whether the Town Manager currently has a contract.
Mr. White responded that he has never had a contract. He does have an appointment letter. Mrs.
McKenna asked for a copy of the letter.
Liaison Reports
Mrs. McKenna reported that there will be a community meeting focused on the exterior design of
the Fiske Elementary School on Tuesday, October 15.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mr.
Enrich, Mr. McSweeney, Mrs. Krieger and Mr. Kennedy to go into executive session for the
purpose of discussion of litigation matters with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 10:45 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting
October 21, 2002
A regular meeting of the Board of Selectmen was held on Monday, October 21, 2002 in the
Selectmen's Meeting Room at 7:30 p.m. Chairman McSweeney, Mr. Enrich, Mrs. Krieger, Mrs.
McKenna, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel; and Ms. Smith,
Executive Clerk were present.
Mr. McSweeney opened the meeting and invited the public to attend the Fire Department open
house on Saturday, October 26.
Consent Agenda
Upon motion duly made and seconded, it was voted to ratify a poll vote to approve the
application and issue a one -day liquor license to the Lexington Historical Society for a fundraiser
at the Depot on Saturday, October 19, 2002.
Grant of Location Hearings
Verizon/NStar — Winchester Drive
Verizon representative Dan Fitzgibbon reviewed the joint petition of Verizon and NStar Electric
for a grant of location to provide service to a new building at the rear of 9 Winchester Drive.
Upon motion duly made and seconded, it was voted to approve the petition of Verizon New
England, Inc. and Nstar Electric for permission to relocate and /or install poles, wires, cables and
fixtures, including anchors, guys and other such necessary sustaining and protecting fixtures
along and across Winchester Drive: Place new pole number 272/7 -1X at a point 18 feet ( ±)
southwesterly off the curb, and 10 feet ( ±) southeasterly of the driveway at #9 Winchester Drive
and 3 feet ( ±) northeasterly off the property line between numbers 7 and 9 Winchester Drive.
Keyspan — Peachtree Road
Keyspan representative Bill Costigan reviewed the petition for a grant of location to install
approximately 230 feet ( ±) of 2 "gas main in Peachtree Road from the existing 4" gas main to
provide service to houses #10, #14 and #16 Peachtree Road.
Upon motion duly made and seconded, it was voted to approve the petition of the Keyspan
Energy Delivery to install and maintain approximately 230 feet ( ±) of 2" gas main in Peachtree
Road from the existing 4" gas main in Peachtree Road easterly from house #8 to house #16.
Keyspan — Militia Drive
Mr. Costigan reviewed the petition for a grant of location to install approximately 350 feet of 6"
gas main in Militia Drive from the existing 6" gas main in Worthern Road @ Militia Drive north
to service building No. 4.
Selectmen's Meeting — October 21, 2002
Upon motion duly made and seconded, it was voted to approve the petition of the Keyspan
Energy Delivery to install and maintain approximately 350 feet of 6" gas main in Militia Drive
from the existing 6" gas main in Worthern Road @ Militia Drive north to building No. 4.
Keyspan — Page Road
Mr. Costigan reviewed the petition for a grant of location to install approximately 526 feet of 2"
gas main in Page Road from the existing 4" gas main in Bryant Road to provide service to #6
Page Road.
Upon motion duly made and seconded, it was voted to approve the petition of the Keyspan
Energy Delivery to install and maintain approximately 526 feet of 2" gas main in Page Road
from the existing 4" gas main in Bryant Road at Page Road easterly to house #6 Page Road.
Keyspan
Mr. Costigan reviewed the petition for a grant of location to install and maintain approximately
425 feet ( ±) of 2" gas main in Rindge Avenue from the existing 2" gas main in Rindge Avenue at
house No. 24 south to house No. 1.
Abutter at 24 Rindge Avenue Jan Nowselski inquired about coming in from a different direction.
Mr. Costigan indicated he would bring the petition back for review.
Upon motion duly made and seconded, it was voted to continue the hearing until November 4 at
7:30 p.m.
Resignations /Appointments/Reappointments
Upon motion duly made and seconded, it was voted to accept the resignation of John Davies
from the DPW Facility /Senior Center Siting Advisory Committee, Khalil Khatri from the Human
Services Committee and Morton Kahan and Bob Burbidge from the Lexington Center
Committee.
Mrs. McKenna made a motion to amend the policy on criteria for annual appointments to
selected committees and the charge to the Design Advisory Committee to make them less
restrictive.
Upon motion duly made and seconded, it was voted to amend the policy on criteria for annual
appointments to read that members be drawn from a pool of applicants consisting of residents,
taxpayers and others with a vested interest in the Community.
Upon motion duly made and seconded, it was voted to amend the charge to the Design Advisory
Committee by deleting the sentence requiring that members may serve no more than three
consecutive one -year terms.
Selectmen's Meeting — October 21, 2002
Upon motion duly made and seconded, it was voted to appoint Peter Kelley to the DPW
Facility /Senior Center Siting Advisory Committee.
Recreation Committee Reappointments
Upon motion duly made and seconded, it was voted to approve the Town Manager's
reappointment of Dick Neumeier and Pam Varrin to the Recreation Committee.
Use of Battle Green
Upon motion duly made and seconded, it was voted to approve the request from the 154 Legal
Support Organization of the Department of the Army to use the Battle Green at 9:00 a.m. on
Saturday, November 2 and to lay a wreath and flag at the base of the Minuteman Statue and to
march along route 2A to Concord with the provision that the wreath and flag be removed from
the site by Monday morning.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
October 7, 2002 as amended by Mrs. McKenna.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
the meeting of October 7, 2002.
Health Assessment of the Town
Board of Health Chair Burt Perlmutter introduced Board of Health members and staff present at
the meeting and reviewed the report of a comprehensive health assessment of the Town of
Lexington carried out by the Board of Health from 2001 to 2002.
The Board of Health, based on the assessment, proposes a set of priority areas on which it
recommends the Board of Health and associated agencies focus over the next five to ten years
that include:
• Mental Health
• Physical Exercise, Obesity and Chronic Diseases
• Traffic and Pedestrian Safety
• Substance Abuse
• Senior Health
• Pesticide Usage
Selectmen's Meeting — October 21, 2002
Board members praised the work of the Board of Health and staff
Early Retirement Incentive
Ex- Officio member of the Retirement Board John Ryan reviewed a collection of information on
the early retirement incentive for employees in Groups 1 and 4 of the Lexington Retirement
System.
Appropriation Committee Chair Deborah Brown reviewed the reasons behind a vote of the
Committee at its last meeting to support the early retirement incentive.
After much discussion and questions, a motion to not accept the early retirement incentive was
not seconded and therefore the matter was not acted on before the November 1 deadline.
DPW employee Butch Mongelli said he has been a town employee for thirty years and had
hoped the Board would consider the early retirement incentive.
Legal Service — RFP Committee and Charge
Mr. White reviewed a proposed charge to a Legal Services Review Committee. Mr. Kennedy
asked that a sentence be added to the Charge that says the committee is charged, if they feel it is
in the best interests of the Town, to solicit RFP's.
Upon motion duly made and seconded, it was voted to approve the charge as amended by Mr.
Kennedy.
Upon motion duly made and seconded, it was voted to appoint the following to the Legal
Services Review Committee: Peter Enrich, William Dailey, Jeff Robbins, John Davies, Marge
Battin, Tom Griffiths, Mark Robinson, John Rossi and Phil Hamilton.
PAYT Reimbursement Options
Board members discussed whether or not to offer refunds to residents for unused purchased bag
tags and barrel labels; whether to refund everyone and not just the ones who completed the
questionnaire, whether to pay it out of FY03 or FY04 appropriations, whether to call a special
town meeting, how much to refund and the time frame in which the refunds would be made.
Board members gave their individual recommendations: Mr. Kennedy wants to give a refund to
all Town residents and is struggling with the amount, Mr. Enrich feels it is time to put this issue
behind us and move on and feels he is not convinced there is any rationale for offering refunds,
Mrs. Krieger feels the program has benefited the community and feels no compelling reason for
Selectmen's Meeting — October 21, 2002
a refund, Mr. McSweeney feels the need to support a reimbursement but is not sure what kind of
choice it would be but that everyone should be able to apply for a refund. Mrs. McKenna made a
motion to agree that we will refund and it will encompass the entire Town subject to funding.
Mrs. McKenna asked that the staff come back to the November 4 meeting with a process for
refunding.
Upon motion duly made and seconded, it was voted 3 -2 (Mr. Enrich and Mrs. Krieger opposed)
to refund everyone in the community.
Town Manager Reappointment
Mrs. McKenna made a motion for a one -year reappointment of the Town Manager that was not
seconded.
Mrs. McKenna read the following statement. The most important thing we do as a Board of
Selectmen is supervises and evaluates the Town Manager. One of the ways we hold the manager
accountable for his actions is through the reappointment.
Under the Selectmen/Town Manager Act, it is the Board of Selectmen who are supposed to set
policy and the Town Manager who is supposed to implement those policies. Unfortunately, the
Manager has, on too many occasions, pursued his own agenda.
Each year the Board of Selectmen have set goals against which we can evaluate Rick's
performance. Those goals are consistently not met. Rick's inability to effectively respond to
citizens concerns has been a recurring theme in years of evaluations. Another recurring theme is
the lack of trust that various Boards and Committees have in the manager. There have also been
concerns raised by citizens and staff about Rick's management style.
How can we as a community foster continuous improvement with the Town Manager if we do
not send a message that reappointment is earned, not guaranteed?
The message that we send by reappointing the manager for another three years is that no matter
what Rick does he will be our manager.
It is my hope that the Board will find ways to provide meaningful guidance to the Manager.
That we will have the courage to acknowledge Rick's faults, praise his strengths, and demand
that the manager runs the Town as directed by the Board of Selectmen on behalf of the citizens.
Since it does not appear that the Board is ready to hold Rick accountable through the
reappointment process, I will vote against his reappointment.
Mr. Enrich felt Mrs. McKenna's complaint that Mr. White sets his own agenda is reflected by
you but not shared by other members of the Board. The assessment of the Board is that Mr.
White has done an admirable job. I am delighted to be in support of his reappointment.
Selectmen's Meeting — October 21, 2002
Mr. Kennedy indicated he is in disagreement with Mrs. McKenna's statement.
Mr. McSweeney felt Mr. White has made his home in Lexington and has the interest of
Lexington at heart. He wants to continually work with whoever is on the Board and I look
forward to the next years. I know Rick will grow.
Mrs. Krieger indicated she would be happy to reappoint Mr. White.
Mr. Kennedy indicated he wasn't going to say anything more. I haven't been involved in any of
the reviews. I have had experience on the Permanent Building Committee. I found him to be
very supportive. I look forward to this new role.
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna opposed) to reappoint
Richard White as the Town Manager for a three -year term to expire November 15, 2005.
Upon motion duly made and seconded, it was voted to adjourn at 10:28 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk