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Selectmen’s Meeting Minutes
October 6, 1997
A regular meeting of the Board of Selectmen was held on Monday, October 6, 1997 in the
Selectmen’s Meeting room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr. Busa,
Mr. Fenn, Mrs. Eddison, Mr. Enrich; Mr. Cohen, Town Counsel; Mr. White, Town Manager; and
Ms. Smith, Executive Clerk, were present.
Public Comments
Mr. McSweeney expressed the pleasure of the Board over how successful the public comment
period has been and it is the desire of the Board to continue to give citizens the opportunity to
address items that are not on the Agenda. He explained that he hoped that citizens would feel
relaxed and welcome to bring topics before the Board. He also reminded the audience that he
would appreciate any refrain from personal attack.
Appointments/Reappointments
Upon motion duly made and seconded, it was voted to make the following
appointments/reappointments:
Cable TV and Communications Advisory Committee
Reappoint Julie Triessl for a three-year term to expire September 30, 2000
Fence Viewers
Reappoint William Sullivan for a one-year term to expire September 30, 1998
Gamel Legacy Trust
Reappoint Lois V. Jenkins for a one-year term to expire September 30, 1998
Traffic Safety Advisory Committee
Appoint David G. Kanter for a one-year term to expire September 30, 1998
Historic Districts Commission
Appoint Ian Adamson for a term to expire December 31, 1998
Upon motion duly made and seconded, it was voted to accept with regret the resignation of David
Wells from the Lexington Center Committee.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
September 22, 1997.
Selectmen’s Meeting – October 6, 1997
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the Executive Session Minutes of
the meeting of September 22, 1997.
Drug Awareness Grant
Mr. White announced that funding in the amount of $20,000 has been approved by the
Governor’s Alliance Against Drugs for a Peer Leader program which will be administered by the
School Department in cooperation with the Police Department and Health Department.
Shawsheen River Watershed Project
Curt Laffin, Project Manager of the Shawsheen River Watershed Project reviewed plans to
develop a watershed management plan based on an analysis of data collected by volunteer Stream
Teams which identified significant sources of polluted runoff and wide fluctuations of storm water
flows in the watershed.
The next phase of the project will be to get citizen participation in formulating management
strategies and to establish a Watershed Association. There are information meetings scheduled
for late October and November. Mr. Fenn requested and Mr. Laffin agreed to share the data they
have gathered with Massport.
Library Renovation Project
Library Director Carol Mahoney reviewed the funding requirements for the Library construction
project. The original appropriation approved in 1996 was $7,850,000. The commitment to Town
Meeting was that the Town’s share would be 1/3 or $2,616,666 and that no bonds would be
signed unless the remainder of the money is received. A new application was filed in February
1997. The State grant amounts to $2.8 million and the cost of the project has increased to
$8,989,000 due to an increase of 5,321 square feet in the building and inflation. The Trustees are
responsible for raising $3.726 million ($700,000 of which is dedicated to furnishings). The Article
in the upcoming Special Town Meeting is looking for an appropriation of $1,050,000. An
estimated figure of $985,000 to renovate Cary Memorial Building has already gone down and will
continue to go down. The cost to renovate Cary Memorial Building is not in the Library Article
for the Special Town Meeting. Ms. Mahoney explained that the Town is not being asked to
increase its share. The Trustees are asking that the Town commit to the borrowing to avoid any
delay in construction which is expected to commence in September 1998. At the last Library
meeting, placing $1,000,000 in collateral was discussed but tabled pending further investigation
by the Library Director of the legality of using various Library funds for collateral.
Selectmen’s Meeting – October 6, 1997
Mr. McSweeney asked clarification on the issue of whether the Town would be committing to
more than the $2.5 million at the time of bonding. Ms. Mahoney said that has not been discussed
in the Trustees Meetings.
It was decided that a meeting among the Chairman of the Trustees, Board of Selectmen,
Comptroller and Town Manager might be beneficial before Town Meeting to straighten out all the
numbers, and also to decide whether there will be temporary borrowing.
In answer to a question from Kenneth Wright, there has been no decision made on an override;
however, there is a possibility that if there is one, the $2.5 million may be part of the override.
School Renovation Project
Permanent Building Chairman Bill Bruckman indicated he would like to talk about the direction
they will be giving to the architects. They have been slowed down and have not gone beyond the
schematic design stage. They have begun design on Fiske. To date $1.2 million has been spent.
They need to give direction to the architects and would like to end up with a finished project.
They would like to get through design development for those schools identified to be done within
the next ten years. That will save the Town money in the long run. Mr. McSweeney expressed
the desire not to go beyond another $200,000 by the end of October. The PBC is in favor of a
phased project but it is not their decision to make.
Board members discussed not wanting to put too much of a commitment into those schools that
are planned beyond five or ten years into the future. There was also concern that we don’t waste
the money that has already been spent.
Mr. Busa expressed concern over the size of a four-school project. He feels more comfortable
with a figure of $40 million to do two schools such as Diamond and the High School. Mr.
McSweeney agreed with Mr. Busa’s recommendation. There was much discussion about which
schools have the most urgent need. It appears that the high school and Diamond have the biggest
enrollment crunch. Clarke, Hastings and Harrington are middle ground and the four other
elementary schools are the most logical to postpone.
The date of an override election was discussed. It was hoped that it would be no later than the
first week in December. The Town Clerk needs 35 days notice for an election.
Selectmen’s Meeting – October 6, 1997
Cable TV and Communications Advisory Committee
Steve Ellis requested permission to spend up to $4,750 from the fund for support of cable related
activities provided by Cablevision, $1,975 for upgrade of the receiving hardware at Lexington
High School required to receive SCOLA signal and $2,775 for a one-year subscription, based on
the number of subscribers to cable system.
Upon motion duly made and seconded, it was voted to approve the expenditure of up to $4,750
from the fund for support of cable related activities provided by Cablevision.
Street Lighting
There was much discussion about the status of deregulation and the reduced street lighting
situation in Lexington. There is legislation in the house concerning utility restructuring. One of
the provisions of the legislation deals with the right of communities to take control of their
streetlights while still providing the utility the right to recover their unamortized value. Most of
the lights in Town are amortized. It was decided to send a letter to our legislators urging passage
of the Bosley legislation on utility restructuring.
There was much concern expressed over the lack of sufficient street lighting particularly in view
of the fact that we will shortly be going off daylight saving and it will be getting dark much
earlier. Mr. White and Public Works Director George Woodbury will come back to the Board at
its meeting on October 15 with a plan to turn on as many lights as possible hopefully within the
next 30 days. In addition, residents will be asked to notify the Town of any lights that have
burned out as opposed to those that have been turned off.
Lexington Scholarship and Educational Fund Committee
Representatives from the Lexington Scholarship and the Lexington Educational Fund Committees
requested that the Board form a Committee to be responsible for the fund raising and distribution
of funds for their respective funds. Envelopes were sent out with the tax bills requesting support.
The Selectmen’s Office will process the donations.
Upon motion duly made and seconded, it was voted to establish the Lexington Scholarship and
Educational Fund Committee and to appoint the following as members: Tom Fenn, Kerry
Brandin, Jules Pieri, David Williams and School Superintendent Jeff Young.
Selectmen’s Meeting – October 6, 1997
Sewer Construction Loan Program
The Town Manager requested that the Board resolve to authorize the Town Manager to file
applications for an interest free construction loan in the amount of $1,100,000 for Phase 1 and 2
of the Collection Sewer Program.
Upon motion duly made and seconded, it was voted that the Town Manager is hereby authorized
on behalf of the Town of Lexington to file applications and execute agreements for grant and/or
loan assistance as well as furnishing such information, data and documents pertaining to the Town
for a grant and/or loan as may be required; and otherwise to act as the authorized representative
of the Town in connection with this application; and further that the purpose of said grant and or
loan, if awarded, shall be to fund pre-construction and construction activities to include the
development of facilities plans, specifications and drawings and related work activities as
determined to be eligible for funding under provision of the Act, Chapter 21 and Chapter 29C;
and further that if said award is made, the Town agrees to pay those costs which constitute the
required Town’s share of the project cost.
HATS Status Report
HATS Representative Dan Fenn reported that all obstacles concerning the aviation agreement by
Massport have been cleared up. There will be an Ad-Hoc meeting on October 16 to review
specific proposals on the table.
Mr. Fenn also reported that there will be a final discussion, scheduled by Massport, concerning
the RFP on October 15. HATS will be expressing strong opposition to any office building
development.
Selectman Eddison
Mrs. Eddison advised her colleagues that she would be in Australia for four weeks on business
and expects to be returning in early November.
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 10:25 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen’s Meeting Minutes
October 15, 1997
A regular meeting of the Board of Selectmen was held on Wednesday, October 15, 1997 in the
Selectmen’s Meeting room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr. Busa,
Mr. Fenn, Mr. Enrich; Mr. Cohen, Town Counsel; Mr. White, Town Manager; and Ms. Smith,
Executive Clerk, were present.
Consent Agenda
Abatement of sewer/water charges
Upon motion duly made and seconded, it was voted to:
a. Abate water charges for the period 8/1/97 to 8/31/97 $1,511.31
b. Abate sewer charges for the period 8/1/97 to 8/31/97 $3,538.47
Special Town Meeting
Mr. McSweeney explained that the Board has received a request from Spaulding & Slye to call a
Special Town Meeting on Wednesday, November 19, 1997. After checking with the Planning
Board and others, the Board will be prepared to vote on October 20.
Street Light Turn-On Program Criteria
Town Manager Rick White and DPW Director George Woodbury presented a proposal to turn
on approximately 490 street lights in the residential areas and with a commitment from the Board
of an additional $16,000 they will be able to turn on another 90 street lights. The Board members
concurred with the proposed criteria and asked the Town Manager and DPW Director to go
forward with the plans to turn 580 street lights back on.
School Renovation Project
Mrs. Peltz announced that the School Committee’s vote at present is $70.9 million for four
schools; namely, the two middle schools, the high school and Harrington Elementary School.
There was much discussion among the Board members concerning the number of schools and the
dollar amount that should be requested. Mr. McSweeney and Mr. Busa expressed strong feelings
of being able to support only a two-school proposal for Phase I. Mr. Fenn hoped the Board could
arrive at a project that could survive an override. There was also much discussion about whether
to include the $9 million stealth debt if the Board votes to go to an override election.
Selectmen’s Meeting – October 15, 1997
Mr. Ed Natale spoke of being in favor of quality education but feels this is not an education issue,
it is a money issue. He indicated he discovered a $1.2 million difference between the School
committee Plan and the HMFH plan, with the School Committee plan being higher. Mr. Natale
asked several questions about the project and Mr. McSweeney explained that given the time the
Permanent Building Committee would provide the answers to his questions.
Cary Library Project
Mr. Cohen mentioned that he had prepared a draft motion based on previous discussions and the
reports of the finance committees. Mr. Busa asked whether the use of Cary Hall during the
renovation project is a permissible use under the will. He was told that it is permitted. He also
mentioned that the tapes of Town Meeting should be looked at as he recalled that it was stated
that no monies would be borrowed until all monies were received. Mr. McSweeney also felt he
would like more assurance and have everything spelled out. We are increasing the liability by $1
million and we have to authorize bonds to do the work.
Mr. Fenn reported that the Library has hired a consulting firm who will be doing a feasibility study
concerning the fund raising and will be advising us about how much money they can reasonably
expect to raise.
There was more discussion on back up plans if the fund raising does not produce the $4 million
needed.
After motion duly made and seconded, it was voted to support Article 5 of the Special Town
Meeting increasing the appropriation for Library Construction by $1,050,000.
Town Building Envelope Project
Mr. Woodbury reported that the estimated costs for the FY98 Building Envelope Protection were
low by a total of $140,000. In order to stay within appropriations, Mr. Woodbury recommended
selecting three projects totaling $197,000 and looks to request additional appropriations of
$120,000 at the next Annual Town Meeting.
Board Members agreed to Mr. Woodbury’s proposal.
Auctioneer’s License
Upon motion duly made and seconded, it was voted to issue a one-day auctioneer’s license to
Newton Oriental Rugs for Saturday, January 24, 1998 at the Lexington Armory, 459 Bedford
Street from 10:00 a.m. to 6:00 p.m.
Selectmen’s Meeting – October 15, 1997
Executive Session
Upon motion duly made and seconded, it was voted 4-0 by roll call vote: Mr. McSweeney, Mr.
Busa, Mr. Fenn and Mr. Enrich to go 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 9:55 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen’s Meeting Minutes
October 20, 1997
A regular meeting of the Board of Selectmen was held on Monday, October 20, 1997 in the
Selectmen’s Meeting Room, Town Office Building at 7:15 p.m. Chairman McSweeney, Mr.
Fenn, Mr. Busa, Mr. Enrich; Mr. Cohen, Town Counsel; Mr. White, Town Manager; and Ms.
Smith, Executive Clerk, were present.
CATV & Communications Advisory Committee
CATV Committee Member David Kanter explained that it is necessary at this time to request the
Board to approve the Selectmen’s Report which requests that RCN submit an amended
application for a cable TV license in response to the Town’s specifications and to authorize the
Chairman to sign a letter of transmittal subject to review of the report by legal counsel. The
deadline for this submittal is October 28.
Upon motion duly made and seconded, it was voted to approve the Selectmen’s Report
requesting RCN to submit an amended application for a cable TV license. It was further voted to
authorize the Chairman to sign a letter of transmittal of the Selectmen’s Report to RCN subject to
review by legal counsel.
Special Town Meeting
Upon motion duly made and seconded, it was voted to call a Special Town Meeting at Cary
Memorial Building on Wednesday, November 19, 1997.
Employee Recognition Day
Upon motion duly made and seconded, it was voted to sign a Proclamation declaring Thursday,
November 6, 1997 Town of Lexington Employee Recognition Day.
Boston Gas Grant of Location Hearing – Eliot Road
Upon motion duly made and seconded, it was voted to approve the petition of Boston Gas
Company to install approximately 120 feet, more or less, of a 4 inch gas main in Eliot Road,
Lexington, from the existing 4 inch gas main at 5A Eliot Road, easterly to 2 Eliot Road.
Transfer of Liquor License Hearing – Western Host, Inc. d/b/a Tara Lexington Inn
Legal Counsel Christopher Cook and Hotel Manager Gail Simms were present to request the
Board to approve a transfer of liquor license for the Tara Lexington Inn.
Selectmen’s Meeting – October 20, 1997
Upon motion duly made and seconded, it was voted to approve the application and sign the
Innholder License to Expose, Keep for Sale, and to Sell all Kinds of Alcoholic Beverages for
Western Host, Inc. d/b/a Sheraton Tara Lexington Inn, 727 Marrett Road.
Special Town Meeting – Article Positions
School Renovation/Construction
Board Members reviewed their position concerning the School Renovation/Construction article.
Mr. Busa and Mr. McSweeney stated their position hasn’t changed and that they are opposing the
article because they feel doing four schools at a cost of $68.2 million is too much and is not
affordable. Mr. Enrich reported that Mrs. Eddison has sent a Fax from Australia stating she
supports the article and requested that her statement be read at Town Meeting this evening. Mr.
Enrich will read her statement and will be supporting the article. Mr. Fenn indicated he would
also be supporting the article.
Library Construction
Mr. Fenn indicated he is prepared to present the Library Construction article requesting an
additional $1,050,000 for construction/renovation of Cary Memorial Library.
After some discussion, Board Members McSweeney, Busa, Fenn and Enrich indicated support of
the article.
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
October 22, 1997
A regular meeting of the Board of Selectmen was held on Wednesday, October 22, 1997 in the
Selectmen’s Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr.
Busa, Mr. Fenn, Mr. Enrich; Mr. White, Town Manager; and Ms. Smith, Executive Clerk, were
present.
Establish Genesis Community Fund
Genesis Consolidated Services, Inc. has requested that the Genesis Community Fund be
established and that their check in the amount of $6,200 be transferred into the Fund for the
purpose of supporting scholarship and human services endeavors.
Upon motion duly made and seconded, it was voted to establish the Genesis Community Fund.
Library Construction/Renovation Project
Mr. Fenn reported on a meeting of the Library Trustees where the matter of fundraising was
discussed and what could be done if there was a serious anticipated shortfall of funds. It was
decided that the project could not be significantly changed without jeopardizing the grant money.
The Trustees also discussed how the Town could be protected from liability beyond the $2.4
million authorization if the fundraising does not work out. Mr. Fenn suggested that before any
bonds are issued that an agreement be reached between the Board of Selectmen and Trustees
authorizing the continuation of fund raising efforts until the $3.5 million plus interest is received.
As money comes in, it will be turned over to the Town to pay the principal and interest of the
bond issue. Mr. Fenn reported that he will be making this statement to Town Meeting tonight if
the Board members concur. This agreement will be in addition to the pledge of $1 million of
Library funds as collateral.
Mr. Busa expressed concern that there should be a specific time period for the pay back period
and a mechanism put into place to assure the time period is met.
Special Override Election
After some discussion, all members of the Board agreed to put the school construction project
before the voters. There was discussion on the wording of the override question on the Warrant
and it was decided to vote the question at the next meeting of the Board on November 3.
Selectmen’s Meeting – October 22, 1997
Warrant for Special Town Meeting
Upon motion duly made and seconded, it was voted to sign the Warrant for the Special Town
Meeting on November 19, 1997.
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