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Selectmen’s Meeting Minutes
April 2, 1997
A regular meeting of the Board of Selectmen was opened on Monday, March 31, 1997 by
Chairman McSweeney and immediately adjourned to a regularly scheduled meeting on April 2,
1997. A regular meeting of the Board of Selectmen was held on Wednesday, April 2, 1997 in the
Selectmen’s Meeting Room, Town Office Building at 7:00 p.m. Chairman McSweeney, Mr.
Fenn, Mr. Busa, Mrs. Eddison, Mr. Enrich; Mr. White, Town Manager; Mr. Cohen, Town
Counsel and Ms. Smith, Executive Clerk were present.
Arbor Day
Parks and Trees Superintendent Brian Gilbert was present to ask the Board to proclaim Arbor
Day in Lexington and to review plans for celebrating the day.
Upon motion duly made and seconded, it was voted to declare Friday, April 25, 1997 as Arbor
Day in Lexington.
Selectmen’s Gift Account - Support of Municipal Load Aggregation
Mr. White explained that George Woodbury has been working with other communities in an
effort to become municipal load aggregators. He has requested that a Selectmen’s Gift Account
be set up to receive financial support from other communities.
Upon motion duly made and seconded, it was voted to establish a Selectmen’s Gift Account for
for municipal load aggregation.
Little League Parade
Upon motion duly made and seconded, it was voted to approve the request of the Lexington
Recreation Department to conduct their Annual Little League Parade and Ceremonies on
Saturday, May 3, 1997.
Circuit Breaker Legislation
Mr. Enrich reviewed pending legislation filed on his behalf to provide assistance to low and
moderate income property taxpayers. The bill establishes a property-tax circuit breaker under
which qualifying taxpayers would receive an income tax rebate for amounts by which their
property tax liabilities exceed a fixed proportion of their incomes. This would help to diminish
some of the hardships caused by the disproportionate property tax burdens faced by some low and
moderate income homeowners and renters, including elders on fixed incomes who are struggling
to make ends meet while remaining in their homes and working families coping with a temporary
reduction in their incomes due to divorce or unemployment. The circuit breaker
Selectmen’s Meeting - April 2, 1997
legislation would provide targetted and meaningful tax relief to these residents and would
significantly diminish the inequities associated with the property tax. Mr. Enrich asked that the
Board send a letter of support for this legislation.
Upon motion duly made and seconded, it was voted to send a letter of support for the Circuit
Breaker Legislation.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
March 10, 1997.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
the meetings of February 3 and February 24, 1997.
Position on Warrant Articles for 1997 Annual Town Meeting
Board members reaffirmed their desire to maintain a Free Cash balance coming out of Town
Meeting in the amount of $576,000 and felt it would not support any action that would change
that position.
Article 23 School Renovation - There was much discussion about the scope of the article,
incremental planning and spending issues; project management; ways in which the Town can
protect itself by not spending the whole $2.4 million plus $400,000 from last year’s appropriation;
information meetings; the development of alternatives if the Special Town Meeting vote fails; and
keeping Selectmen and Finance Committees informed.
Upon motion duly made and seconded, it was voted to support the request for $2.4 million under
Article 23.
Articles 27 and 28 Zoning at 55 and 16 Hayden Avenue. It was decided to take a position after
reviewing the Planning Board’s report on these two zoning proposals.
Boston Edison Grant of Location - Spring Street
Mr. McSweeney opened a hearing on the petition of Boston Edison Company for a grant of
location to install one pole and one guy wire and anchor in Spring Street at Old Spring Street to
be owned and used by Boston Edison Company.
Selectmen’s Meeting - April 2, 1997
There being no questions, Mr. McSweeney declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison
Company to install a line of wires, poles and such other fixtures as may be necessary along and
across the following public way: One pole and one guy wire and anchor on Spring Street
approximately 1,185 feet south of the Waltham/Lexington Town Line.
Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen’s Meeting Minutes
April 7, 1997
A regular meeting of the Board of Selectmen was held on Monday, April 7, 1997 in the
Selectmen’s Meeting Room, Town Office Building at 7:00 p.m. Chairman McSweeney, Mr.
Fenn, Mr. Busa, Mrs. Eddison, Mr. Enrich; Mr. White, Town Manager; Mr. Cohen, Town
Counsel and Ms. Smith, Executive Clerk, were present.
Depot Square/Emery Park Redesign
Representatives of Carol R. Johnson Associates presented the final consensus plan for the design
of Depot Square and Emery Park. Working with Scheme B, the Consultants widened the
sidewalks to 15 ft., accommodated parallel parking, provided a one-way travel lane allowing 18
ft. for emergency vehicles, trimmed the right side of the park and provided more green space on
the left side of the park facing from Mass. Avenue, eliminated parking on either perimeter of the
park, added paths and benches, eliminated a net of 6 parking spaces.
The proposed timetable if the Board gives approval to proceed will be the Historic Districts
Commission, then by June 1 to have a 25% plan to Mass. Housing; by August 1 a 75% plan and
by September a 100% plan.
Upon motion duly made and seconded, it was voted that a comprehensive transportation study of
the best ways to accommodate the traffic, parking, transit and pedestrian needs in Lexington
center be undertaken to guide future planning efforts.
Upon motion duly made and seconded, it was voted that the Consensus Plan for improvements
drawn by Carol R. Johnson Associates guide the final design, construction, and implementation of
surface improvements to Depot Square and Emery Park as funding becomes available.
Mr. White informed the Board that there would be a co-payment of $38,000 from Chapter 90
funds for the time and efforts of the Engineering Department and in addition there was a $10,000
bequest from the estate of Jack Eddison for Depot Square Beautification, both of which would be
used as matching funds required under terms of the Grant.
Bond Anticipation Notes
Upon motion duly made and seconded, it was voted to approve the sale of a $2,360,000 3.98
percent Bond Anticipation Note of the Town dated April 15, 1997 and payable April 15, 1998, to
BayBank, N.A. at par and accrued interest.
Upon motion duly made and seconded, it was voted to approve the sale of $1,220,000 3.94
percent State Aid Anticipation Note of the Town dated April 15, 1997 and payable April 15,
1998, to BayBank, N.A. at par and accrued interest.
Selectmen’s Meeting - April 7, 1997
Warrant to Dog Officer - Unlicensed Dogs
Upon motion duly made and seconded, it was voted to sign the warrant to the Animal Control
Officer to seek out, catch and confine all dogs within the Town not duly licensed, collared or
harnessed, and tagged according to the provision of Chapter one hundred and forty of the General
Laws.
Sidewalk Cafe Permit Starbucks Coffee Company
Upon motion duly made and seconded, it was voted to approve the renewal of a sidewalk cafe
permit for three tables and six chairs for Starbucks Coffee Company from April through October
1997 from 11:00 a.m. to 11:00 p.m.
Reappointment - Board of Health
Upon motion duly made and seconded, it was voted to approve the Town Manager’s
reappointment of Martha Wood to the Board of Health for a three year term.
Trinity Covenant Church - 100th Birthday
Upon motion duly made and seconded, it was voted to send a letter of congratulations to the
Trinity Covenant Church on the occasion of its 100th birthday celebration.
Gingerbread Construction Company
Upon motion duly made and seconded, it was voted to send a letter of support to the Board of
Appeals on the application of the Gingerbread Construction Company for a fast food and take out
food service at 10 Woburn Street.
Lahey Hitchcock Clinic Funding
Mr. White informed the Board of a donation from the Lahey Hitchcock Medical Center in the
amount of $15,000 for the support of the transportation services for Lexington’s senior citizens.
In FY98 chair car service will be expanded from 8 hours to 20 hours per week with the help of
this funding.
Upon motion duly made and seconded, it was voted to accept with much appreciation the
donation of the Lahey Hitchcock Medical Center in the amount of $15,000 to help support the
chair car service.
Selectmen’s Meeting - April 7, 1997
1997 Town Meeting Warrant Articles Position
Article 16 - Brook Maintenance
Chairman of the Conservation Commission Joyce Miller spoke of a discussion with the Town
Manager and based on the assurance that there will be sufficient funding for the brook cleaning
study to enable the program’s start in FY98, the plan is to Indefinitely Postpone the article.
Board members agreed that they would be supporting the indefinite postponement and agreed that
the program is a very important one and should get off the ground soon.
Upon motion duly made and seconded, it was voted to adjourn at 7:50 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen’s Meeting Minutes
April 9, 1997
A regular meeting of the Board of Selectmen was held on Wednesday, April 9, 1997 in the
Selectmen’s Meeting Room, Town Office Building at 7:00 p.m. Chairman McSweeney, Mr.
Fenn, Mr. Busa, Mrs. Eddison, Mr. Enrich; Mr. White, Town Manager, Mr. Cohen, Town
Counsel and Ms. Smith, Executive Clerk, were present.
LexFest
Leona Martin and Mickey Hinkle showed pictures taken at last year’s first celebration of LexFest
and reviewed plans for an expanded program this year. The Board was asked to approve the use
of the Battle Green again this year.
Upon motion duly made and seconded, it was voted to approve the request for the second
LexFest Celebration on the Battle Green on Saturday, May 3, 1997.
1997 Town Meeting Warrant Articles Position
Article 39 Capital Financing will be indefinitely postponed; Article 43 Real Estate Transfer Tax
will be indefinitely postponed; Article 45 By-Law Amendment requested by Board of Health -
support.
School Committee
Members of the School Committee and Finance Committees were present to discuss the plans for
the School Administration Building. There was much discussion about renovations and related
costs of the School Administration Building, razing the building and the possibility of having
Rotary and Minuteman Vocational Technical School who may be agreeable to constructing a new
building. The Building Finance Committee in its report suggested not puting any money into
renovating the building.
Mr. White reported on a conversation with the chairman of the Historic Districts Commission
who encouraged the Town to pursue getting an okay to demolish the building. Mr. White
indicated the building has no historical significance that would prohibit the Town from
demolishing it.
The School Committee indicated a willingness to work with the Town and if the funding for
Article 22 is approved they will use only the funds necessary for roof repairs, plumbing and
electrical work that need immediate attention.
Selectmen’s Meeting - April 9, 1997
Upon motion duly made and seconded, it was voted to adjourn at 8:00 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen’s Meeting Minutes
April 14, 1997
A regular meeting of the Board of Selectmen was held on Monday, April 14, 1997 in the
Selectmen’s Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr.
Fenn, Mr. Busa, Mrs. Eddison, Mr. Enrich; Mr. White, Town Manager, Mr. Cohen, Town
Counsel and Ms. Smith, Executive Clerk, were present.
Public Comments
Stephen Tripi announced his plans to file a citizen petition for a referendum vote on the school
renovation article 23 that was passed by Town Meeting last week.
Consent Agenda
Upon motion duly made and seconded, it was voted to approve the following water and sewer
commitments:
a. Commitment of water charges for 11/1/96-11/30/96 $1,447.26
b. Commitment of sewer charges for 11/1/96-11/30/96 $2,654.35
c. Commitment of water charges for 12/1/96-12/31/96 $325.45
d. Commitment of sewer charges for 12/1/96-12/31/96 $656.30
Class I License - Auto Engineering
Upon motion duly made and seconded, it was voted to approve the request and issue a renewal
Class I license to Auto Engineering and Development, Inc.
Future Meetings
Upon motion duly made and seconded, it was voted to schedule future Selectmen’s meetings on
April 28, May 12, June 2, June 16 and June 30.
Voting Equipment Revolving Loan Fund
At the request of Town Clerk Donna Hooper, upon motion duly made and seconded, it was voted
to send a letter of support for House Bill 343 An Act Establishing a Voting Equipment Revolving
Loan Fund.
Speed Limit on Old Massachusetts Avenue
The Minute Man National Historical Park has asked the Board to assist them in an attempt to
request the Mass Highway Department to reduce the speed limits on Old Massachusetts Avenue.
Selectmen’s Meeting - April 14, 1997
Upon motion duly made and seconded, it was voted to request the Mass Highway Department to
conduct a study of the speeds on Old Massachusetts Avenue and prepare a Special Speed
Regulation for the Board.
Community Newspaper Company Offer of Town Online
Mrs. Eddison discussed an offer made by Community Newspaper Company to create web sites
for local non-profit organizations and municipal offices and departments. It is expected they will
be putting up a web page called “Lexington” tomorrow. She suggested sending a letter to
Community Newspaper Company thanking them for their offer and advising them that their letter
has been referred to the Town’s Home Page Group of which Mrs. Eddison is a member.
Reappointment to Board of Assessors
Upon motion duly made and seconded, it was voted to approve the Town Manager’s
reappointment of Sara Robinson to a second three-year term on the Board of Assessors.
MAPC Tourism Grant Application
Mr. Fenn asked the Board to send a letter supporting MAPC’s application for a Tourism Grant to
preserve the character of the Minute Man National Historical Park and its surroundings in order
to attract future tourists.
Upon motion duly made and seconded, it was voted to send a letter supporting MAPC’s
application for a Tourism Grant.
Town Meeting Articles Position
Article 27 - 55 Hayden Avenue Zoning. Board members have received the Planning Board’s
report on Article 27 and the Planning Board is supporting the zoning proposal for 55 Hayden
Avenue.
Upon motion duly made and seconded, it was voted to support Article 27.
Article 28 - 16 Hayden Avenue Zoning. There was much discussion among the Board members
of this article. The Planning Board voted 3-2 not to support the 16 Hayden Avenue zoning
proposal. It was decided to wait for the Planning Board report on the proposal before taking a
position at Wednesday’s meeting.
Selectmen’s Meeting - April 14, 1997
Upon motion duly made and seconded, it was voted to adjourn at 7:59 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen’s Meeting Minutes
April 16, 1997
A regular meeting of the Board of Selectmen was held on Wednesday, April 16, 1997 in the
Selectmen’s Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr.
Busa, Mrs. Eddison, Mr. Enrich; Mr. White Town Manager; Mr. Cohen, Town Counsel and Ms.
Smith, Executive Clerk, were present.
Appointment to Traffic Safety Advisory Committee
Upon motion duly made and seconded, it was voted to appoint Edward Barsamian who is
President of Oriental Rug Importers, Inc. of 1666 Mass. Avenue as a member of the Traffic
Safety Advisory Committee.
Town Meeting Warrant Articles Position
Article 28 - 16 Hayden Avenue Zoning - Board Members had reviewed the Planning Board report
on the 16 Hayden Avenue Rezoning Proposal, which the Planning Board voted 3-2 not to
support. They agreed with due respect to the Planning Board’s position, they would support it.
Executive Session
Upon motion duly made and seconded, it was voted 4-0 by roll call vote: Mr. McSweeney, Mr.
Busa, Mrs. Eddison and Mr. Enrich to go into Executive Session for discussion of litigation
matters, with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 7:45 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen’s Meeting Minutes
April 28, 1997
A regular meeting of the Board of Selectmen was held on Monday, April 28, 1997 in the
Selectmen’s Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr.
Fenn, Mr. Busa, Mrs. Eddison, Mr. Enrich; Mr. White, Town Manager and Ms. Smith, Executive
Clerk, were present.
Reorganization of the Board
Executive Clerk Phyllis Smith asked for nominations for Chairman. Mr. McSweeney was
nominated.
No further nominations were made and Ms. Smith declared the nominations closed.
Upon motion duly made and seconded, it was voted unanimously to elect Leo P. McSweeney
Chairman of the Board of Selectmen.
Mr. McSweeney thanked his colleagues for their support and the honor they have again bestowed
on him in electing him Chairman of the Board of Selectmen.
Public Comments
Caleb Warner, representing the Board of Directors of the South Lexington Civic Association and
Five Fields, spoke of the need for a Watershed Advisory Committee. There has been discussion
and agreement with the Conservation Commission that such a committee would be desirable. Mr.
Warner spoke of the in-town and intra-town responsibility in this very important area. It was
agreed that the Conservation Commission would come before the Board with a recommended
charge and membership for the Watershed Advisory Committee.
Consent Agenda
Warrant for Referendum Election
Upon motion duly made and seconded, it was voted to sign the Warrant for the June 2, 1997
Referendum Election.
Mass ReLeaf Grant
Upon motion duly made and seconded, it was voted to accept a Mass ReLeaf Grant in the amount
of $3,300.
Selectmen’s Meeting - April 28, 1997
Ruth Cleaves 104th Birthday
Upon motion duly made and seconded, it was voted to send a letter of congratulations to Ruth
Cleaves who will be celebrating her 104th birthday at the Pine Knoll Nursing Home on May 11.
Use of Battle Green - Partisan Pictures
Mr. White reviewed a request by Partisan Pictures to film a historical documentary for Reader’s
Digest on May 13.
Upon motion duly made and seconded, it was voted to approve the request by Partisan Pictures to
use the Battle Green on May 13 to film a historical documentary, subject to the company’s
making service and fee payments as established by the Town Manager.
CATV and Communications Advisory Committee
Committee members were present to review four communications issues that have recently come
to their attention:
Request from the Museum of Our National Heritage
The Cable Committee reviewed its recommendations on the request from the Museum of Our
National Heritage for permission for the installation of cable video reception and transmission
capability and access to the Town’s I-Net. The Cable Committee recommends granting the
request for video PEG access/Local Origination reception & transmission capability. However,
they strongly recommend against access to the Town’s I-net.
There was much discussion about access to the Town’s I-net around such issues as security, and
not being able to charge for such access.
Upon motion duly made and seconded, it was voted to approve the recommendation of the
CATV and Communications Advisory Committee to grant approval to The Museum of Our
National Heritage for the installation of cable video reception/transmission capability and further
that the request of the Museum for I-net access be denied.
Upon motion duly made and seconded, it was voted to adopt a general policy that except for
authorized local PEG access/Local Origination, I-net capability is to be restricted to Town entities
and other Governmental activities approved by the Town. Local PEG access/Local Origination
shall be allocated after Town needs are met.
Selectmen’s Meeting - April 28, 1997
Communication Antennas and Towers
There was much discussion as to what control the Town has over where antennas and towers are
allowed, what revenues could be generated and whether the Town could call a moratorium on any
new antennas or towers until the zoning by-laws could be reviewed and amended where
necessary. Neighboring towns are setting up special zones for antennas and towers, collecting
revenues from tower owners, passing ordinances, etc. The Cable Committee feels that this is an
issue that cannot wait. The moratorium is essential.
It was decided to send a letter to Mass. Highway and DCPO to advise them that the Town of
Lexington considers its zoning requirements as applicable and intends to enforce them in both
cases and for all commercial end-use activities regardless whether the site, and if applicable, the
tower, are owned by a Governmental entity and they must come before the Board with their
plans.
Open Video Systems
After some discussion, it was decided that Julian Bussgang, David Becker, David Kanter, Steve
Ellis and George Woodbury would form a negotiating team to deal with RCN and whether the
Town wishes to go with a contract or franchising arrangement. They will keep the Board
informed as to their progress.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of
March 17, March 24, March 25 and March 26, 1997.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
the meeting of March 17, 1997.
One-Day Liquor License - Armenian Sisters
Upon motion duly made and seconded and with Mr. Busa abstaining, it was voted to approve the
application and issue a one-day liquor license to the Armenian Sisters for Saturday, May 17,
1997.
Selectmen’s Meeting - April 28, 1997
One-Day Auctioneer License - Newton Oriental Rugs
Upon motion duly made and seconded, it was voted to approve the application and issue a one-
day auctioneer’s license to Newton Oriental Rugs for an oriental rug auction to be held at the
National Guard Armory, 459 Bedford Street on Saturday, September 27 from 10:00 a.m. to 6:00
p.m.
Use of Battle Green - Lexington Lodge of Elks
Upon motion duly made and seconded, it was voted to approve the request of the Lexington
Lodge of Elks to use the Battle Green on Monday, June 9, 1997 at 7:00 p.m. for their annual Flag
Day Ceremony.
Authorize Expenditure by Daylor Consulting - HATS
Mr. Fenn explained that there is some additional work HATS would like to see Daylor do that
will cost approximately $9,000. There is HATS money available in Bedford; however, it is
necessary to get the vote of all four Boards to authorize the expenditure.
Upon motion duly made and seconded, it was voted to authorize the expenditure of up to $9,000
of available funds in the Town of Bedford for the services of Daylor Consulting Company.
Support of Grant for Habitat Landscaping Map
Mrs. Eddison requested that a letter of support from the Board be sent to the Department of
Environmental Management for a grant application submitted by Norma and Christian Floyd to
fund the preparation of a habitat landscaping map which would be used along the bikeway. Mr.
White offered to prepare a letter indicating the Board’s support of the grant application.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call vote: Mr. McSweeney, Mr.
Fenn, Mr. Busa, Mrs. Eddison and Mr. Enrich to go into executive session for discussion of
collective bargaining with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 9:35 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk