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Selectmen’s Meeting Minutes
May 12, 1997
A regular meeting of the Board of Selectmen was held on Monday, May 12, 1997 in the
Selectmen’s Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr.
Fenn, Mr. Busa, Mr. Enrich; Mr. White, Town Manager; Mr. Cohen, Town Counsel; and Ms.
Pease, Assistant to the Executive Clerk, were present.
Lexington Home Page
Mr. McSweeney introduced Steve Ellis and Shelly Chamberlain, the Internet Computer
Technology experts in our community, to explain Lexington’s home page. Mrs. Eddison has been
doing a lot of work getting information on the Home Page and she felt it was important for Mr.
Ellis to give the Board a demonstration and answer questions.
Mr. Ellis set up a computer and a projector to show how the home page works and what
information is available at this time. He and many volunteers from the school have been working
for about a year on this project. They are in the process of networking all the schools, town
buildings, police, and soon fire to the internet. Mr. Ellis explained that an average of 8,000 to
8,500 people are using the internet on a weekly basis. There was a significant increase during the
week of April 12 which he believes relates by people from all over the world looking for
information on Patriot’s Day.
The reason Mrs. Eddison wanted the home page shown to the Board is that there are some issues
that will need to be addressed:
1. Who has the official web site for Lexington? Community Newspapers has a
Lexington web site; there is a commercial web site called Lexingtonweb.com.
What defines the official web site? Mr. Ellis said that at some point he would
return to the Board for some kind of official letter that can be put on the web site
that shows this is the official web site.
2. Who is going to fill in all the information and update the information when
necessary? So far volunteers are doing it. How much will be done by the town or
will it be a volunteer effort? And do we charge for those services?
The Chamber of Commerce is also working with Mr. Ellis in putting business information on the
web site for Lexington.
Mr. McSweeney thanked Mr. Ellis and Ms. Chamberlain for coming to the meeting.
Selectmen’s Meeting - May 12, 1997
Consent Agenda
Order of Taking - Spencer Street Lot
Upon motion duly made and seconded, it was voted to approve and sign the order of taking on
the Spencer Street lot.
Designate Julian Bussgang Lexington’s Representative to Cable TV Rates Hearing
on May 15
Upon motion duly made and seconded, it was voted to sign a form designating Julian Bussgang
Lexington’s Representative at the May 15 Cable Television Rates Hearing.
Sewer and Water Commitments
Upon motion duly made and seconded, it was voted to approve the following commitments:
a. Commitment of water charges for 7/1/97 through 7/31/97 $6,796.80
b. Commitment of sewer charges for 7/1/96 through 7/31/97 $12,270.97
David Williams - White Tricorn Hat
Mr. McSweeney wanted to mention that since the last time the Board had a meeting Mr. Williams
was awarded on April 19 the White Tricorn Hat. Mr. McSweeney congratulated David on that
very special award.
Minuteman Cane Award - Arthur Ballou
Mr. McSweeney invited friends and family of this year’s Minuteman Can recipient, Arthur Ballou,
to join the Board and David Williams, Chairman of the Minuteman Cane Selection Committee to
take part in the happy event of the Annual Minuteman Cane Award ceremony. Mr. Ballou is the
tenth recipient of the Minuteman Cane following Edith Cheever, Neal Cronin, Ray Culler, Pearl
Brenchick, Marion Fitzpatrick, Woody Broadhead, Bessie Ginsburg Baker, Josephine Mirabelli,
and Frances Wortman.
104th Birthday
Mr. McSweeney wanted to mention that at the last meeting the Board had the privilege of signing
a letter for Ruth Cleaves. Mr. McSweeney took the signed letter to the Pine Knoll Nursing
Home; he went to wish Ruth Cleaves a Happy Birthday! She was 104 years old May 11. She will
Selectmen’s Meeting - May 12, 1997
be watching this meeting on cable. The nursing home says she still bowls, plays bingo, and has
some other activities. On behalf of the Town, Mr. McSweeney wanted to wish Ruth a Happy
Birthday and congratulate all the folks at Pine Knoll Nursing Home for all the wonderful work
they do.
Youth Awards - Charles Ferguson Fund Award
The recipients of the Annual Youth Award are this year’s recipients of the Charles Ferguson Fund
Award, established to annually recognize outstanding Lexington youths. Felicia Kuo and Robert
Nasson are the first recipients of the Charles Ferguson Fund Award. Mr. McSweeney read a
proclamation to each of the students and presented the proclamation and a bond to each of them.
LexHAB - Muzzey Condo Resale Cap
There has been a request by the Muzzey Condominium Association to increase the cap for resale.
LexHAB, who is appointed by the Board of Selectmen and who is entrusted with this
responsibility, has been working on this and has a report to be made to the Board. After Mr.
Derby’s report, questions and comments were taken.
Mr. Derby gave a historical presentation about the Muzzey condominiums. The current request
of the Muzzey Condominium Association to add a list of work items that were done this year to
this cap. When LexHAB reviewed Muzzey’s request list an eye toward identifying what work
were construction defects and what work was maintenance work. The gutter, downspout,
masonry, painting and staging work was deleted because it is general maintenance. The trustees
have said that the roof has never been right from day one. The roof was done with a 10-year
bond; so action should have been taken before now. The damage of the roof was caused by the
improper passage on the roof by workmen. Because there is a study done for Muzzey by
Simpson Gumpertz & Heger, Inc. that states some of the original roof work was not done
properly, LexHAB feels some of the roof repair money should be allowed. They included the Flat
Roof at $77,000, $2,000 Bond, $11,891 HVAC Units, and $4,100 Consulting. These costs add
up to $95,000. Now to figure out what is appropriate for raising the cap. LexHAB didn’t know
whether zero percent was right or 100 percent was right; so they split it down the middle.
Lexhab recommends the Board raising the cap by the allocated figure of $47,500, or $600 per
unit per year.
Mr. Enrich asked about the life of a roof like Muzzey’s. The roof was bonded for 10 years. It is
now 12 years old. The problem is that there were workmen on the roof unsupervised that caused
damage to the membrane. It should have lasted longer. Mr. Derby said a membrane roof can last
as long as 20-25 years depending on how it is cared for. Mr. Cohen to look into whether the May
3, 1993 change to 5% can be changed again.
Selectmen’s Meeting - May 12, 1997
John Petraglia from the Muzzey Board of Trustees spoke about the reasonableness of 50% of the
$95,000. The goal at Muzzey is to enable the residents to recoup the cost of the entire roof
project. The major flat roof should have been replaced long ago instead of just making repairs
here and there. The gutters, downspouts, and flashing, which Lexhab deleted from the cost, were
supposed to be new at the time the building was renovated. They were not. Mr. Petraglia offered
the Board a videotape of a roof walk which includes a description of existing conditions taken
back from 1988. Mr. Petraglia gave the board a master document, which included a history of
significant leak and loss damage dating back from 1987, an engineering report from Simpson
Gumpertz, a copy of the May 3, 1993 deed signed by the Board; all of which was presented to
LexHAB during a presentation on March 23 in asking for the replacement cost of the entire
project and some of the major points he described tonight.
Marsha Talbot spoke about the unit owners suffering dearly since 1986 and the building is still in
total disrepair. Repairs are piecemeal here and there. Wants Board to take good hard look at the
reason why Muzzey wants this covered fully.
Mr. White feels this is the time to consider the whole relationship between the Town and Muzzey
Condominiums and the Town’s interest in it. The Senior Center represents 18%. The people
running the Senior Center are feeling more and more disconnected by the actions taking place. It
is viewed as a residential dwelling only, but there is a public use both for athletics and for the
Senior Center. If the Board is considering any changes to the deed, there needs to be an
examination of a more active participation and involvement by the Town.
Assuming that the roof was significantly defective 12 years ago, the owners now have a new roof
which is a substantial benefit to them. That should justify only allowing a portion of the cost for
the roof. The decision to renegotiate the 4 percent to the 5 percent several years back, which has
had a substantial affect on the affordability of the units, was done in recognition that not all of the
problems had been fully compensated or rectified. The agreement states that the owners agreed
to leave it largely in the discretion of LexHAB to judge in the future what were further costs that
should be allowed. We should not second guess LexHAB for taking a shot at this very difficult
job of putting a number on the table.
The Board welcomes any reactions, comments, suggestions, and/or questions that they feel should
be looked at before a decision is made. They should be submitted in writing.
Ed Evans, a unit owner, wants to make sure the Board looks closely at the rationale for using 50
percent of the $95,000 for the repairs.
Selectmen’s Meeting - May 12, 1997
Mr. Derby stated that the maximum resale price of the condo that is being discussed is $160,000;
he doesn’t know what it can be sold for.
The Board will notify the Condominium Association when the next discussion and decision will be
made.
Limousine and Taxi License Renewals
Upon motion duly made and seconded, it was voted to approve and issue three Hackney Carriage
Licenses and two Limousine Licenses to Arlex Taxi Corp. d/b/a Yellow Cab Association and
three Limousine Licenses to Barbara Zuben d/b/a Lexington Sedan Services.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
April 2, 1997.
One-Day Liquor License - Rotary’s Annual Barbeque Fundraiser
Upon motion duly made and seconded, it was voted to approve the application and issue a one-
day liquor license to the Rotary Club of Lexington for its annual barbeque fundraiser at Hayden
Field, Worthen Road, on June 14, 1997 from 11:00 a.m. to 9:00 p.m. with a rain date of June 15.
Town Manager Appointments
Upon motion duly made and seconded, it was voted to approve the following Town Manager’s
appointments: Joyce Miller to the Conservation Commission for a three-year term and Phyllis
Rand to the Council on Aging for a three-year term.
Watershed Committee
Caleb Warner requested that a charge and appointments be made to a Watershed Sub-committee
at this meeting. Joyce Miller and Mr. White have been working on a charge and suggested
membership. They want to wait until after a State-sponsored training program (which is
scheduled for the end of June) to appoint this committee.
Reserve Fund Transfer Update
The Board has been asked by Mr. White to approve a Reserve Fund Transfer of $100,000 in Fire
Personal Services and $14,000 for Election Personal Services and $6,000 for Election Expenses.
Selectmen’s Meeting - May 12, 1997
The Reserve Fund Transfer of $14,000 for Election Personal Services and $6,000 for Election
Expenses is contingent upon the School Committee reducing its Reserve Fund request from
$50,000 to $30,000.
Upon motion duly made and seconded, it was voted to approve the Reserve Fund Transfers
contingent on the School Committee reducing its Reserve Fund.
Stephen Tripi stated he doesn’t know why the election is costing $20,000 for just one question on
the ballot. Mr. White went over the costs for an election. Mr. Tripi was not satisfied; he asked
who defines how many police, election workers, etc. are needed for an election the state or the
Town. Mr. White offered to meet with Mr. Tripi and the Town Clerk to go over the cost of an
election. They will supply a detailed breakdown of the costs.
Inflow/Infiltration Agreement
Upon motion duly made and seconded, it was voted to sign the Inflow/Infiltration Agreement.
Proclamation - Leo and Elsa Sullivan Celebration
Upon motion duly made and seconded, it was voted to sign the proclamation for Leo and Elsa
Sullivan celebrating 30 years of devotion to Lexington.
Letter of Support - NESWC Legislation
Upon motion duly made and seconded, it was voted to have the Chairman sign a Letter on behalf
of the Board in Support of legislation which would provide some rate relief of trash disposal fees
to Senator Lois G. Pines who is Chair of the Joint Standing Committee on Natural Resources and
Agriculture.
HATS Questionnaire
Mr. Fenn asked the Board’s if they want to send out a questionnaire to a random sampling of
Lexington residents concerning Hanscom. The information received from the questionnaire
would be fed into Daylor’s Study. The Daylor Study is designed to give a sense of the plan for
what we want to happen in the Hanscom area. Mr. White estimates the cost of this mailing to be
between $4,000 and $5,000. There was much discussion on if the questionnaire should be sent
out because of the questions and the response of the people who will receive it. The Board is to
think about it and let Mr. Fenn know within the week if they feel it should be sent out.
Selectmen’s Meeting - May 12, 1997
Hanscom GEIR Update
Mr. Fenn asked the Board to think about an official Lexington response to the GEIR Update by
letter. Should be done by end of May or early June. Mr. Fenn will speak to the Chairman of the
Planning Board. Mr. Fenn suggested that the Board write a general letter and the Planning Board
write a very detailed letter.
Executive Session
Upon motion duly made and seconded, it was voted 4-0 by roll call vote: Mr. McSweeney, Mr.
Fenn, Mr. Busa, 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 9:50 p.m.
A true record, Attest:
Lynne A. Pease
Assistant to the Executive Clerk
Selectmen’s Meeting Minutes
May 19, 1997
A regular meeting of the Board of Selectmen was held on Monday, May 19, 1997 in the
Selectmen’s Meeting Room, Town Office Building at 6:00 p.m. Chairman McSweeney, Mr.
Fenn, Mr. Busa, Mrs. Eddison, Mr. Enrich; School Committee Chairman Peltz, Mr. Dini, Mrs.
Elberger, Mr. Rosenberg, Mrs. Neumeier; Mr. Young, School Superintendent; Mr. Cohen, Town
Counsel; Mr. White, Town Manager; and Ms. Smith, Executive Clerk, were present.
MWRA Bonds
Upon motion duly made and seconded, it was voted that the sale of the $435,900 Sewer Bond of
the Town dated May 29, 1997, to Massachusetts Water Resource Authority is hereby confirmed.
The bonds shall be payable without interest on May 15 of the years and in the principal amounts
as follows:
Year Amount
1998 $87,180
1999 $87,180
2000 $87,180
2001 $87,180
2002 $87,180
Executive Session
Upon motion duly made and seconded, it was voted 10-0 by roll call vote: Mr. McSweeney, Mr.
Fenn, Mr. Busa, Mrs. Eddison, Mr. Enrich, Mrs. Peltz, Mr. Dini, Mrs. Elberger, Mr. Rosenberg,
Mrs. Neumeier to to into executive session for discussion of collective bargaining matters, with
no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 6:15 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk