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Selectmen’s Meeting Minutes
November 3, 1997
A regular meeting of the Board of Selectmen was held on Monday, November 3, 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.
Consent Agenda
Upon motion duly made and seconded, it was voted to approve the following
commitments:
Commitment of water charges 9/1/97 – 9/30/97 $22,831.52
Commitment of sewer charges 9/1/97 – 9/30/97 $38,457.45
Commitment of water charges 10/1/97 (cycle 9) $100,440.66
Special Override Election
Mr. McSweeney asked the Board members for their comments on the wording of the
question to be placed on the Warrant for the override election. There was discussion
about the stealth debt and it was decided not to include it on the Warrant for the
December 8 Special Town Meeting.
Upon motion duly made and seconded, it was voted to call a Special Town Meeting for
Monday, December 8, 1997.
Warrant for Special Town Meeting
Upon motion duly made and seconded, it was voted to sign the Warrant for the December
8, 1997 Special Town Meeting.
Recreation Committee Reappointment
Upon motion duly made and seconded, it was voted to approve the Town Manager’s
reappointment of Don Chisholm to the Recreation Committee.
Hanscom
Mr. Fenn asked his colleagues to give him any suggestions concerning the Peter Blute
letter regarding aviation activities at Hanscom and he will report them to the Ad-Hoc
th
Committee meeting on the 13. Mr. Fenn indicated that before he signs off on anything
he will bring it back before the Board for its approval. Mr. Fenn feels that the
commitments made by Mr. Blute are a real step forward.
Selectmen’s Meeting – November 3, 1997
Mrs. Eddison suggested a meeting of the four Boards of Selectmen and Mr. Fenn
indicated he would bring the suggestion to the HATS Chair.
Upon motion duly made and seconded, it was voted to adjourn at 8:07 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen’s Meeting
November 10, 1997
A regular meeting of the Board of Selectmen was held on Monday, November 10, 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.
Working Meeting – Board of Selectmen/School Committee/Finance
Committees/Permanent Building Committee and TMMA Executive Committee
Mr. McSweeney announced that there is a scheduled working meeting among the Board
of Selectmen, School Committee, Finance Committees, Permanent Building Committee
and TMMA Executive Committee to be held on Tuesday, November 18, 1997 at the
Harrington Elementary School.
Consent Agenda
Winnie Huff, a parent of Bowman school children spoke of her concern about the
condition of school playgrounds throughout the Town and also expressed concern about
liability issues. The school playgrounds have been deteriorating since the responsibility
for capital improvements and maintenance of the playgrounds changed from the Town
Departments to parent organizations. She presented a playground policy petition of 100
elementary school parents requesting that the Town resume responsibility for:
1. Determining the equipment needs of the public school playgrounds;
2. Raising all funds deemed necessary to provide such equipment;
3. Planning, siting and installing such equipment; and
4. Funding all costs of maintenance of our public school playgrounds.
Mr. McSweeney and other board members expressed concern and the Chairman indicated
he would meet with various groups in Town and would get back to Ms. Huff.
FY99 Street Acceptance
Mr. James Wilcox of the Engineering Department reported that the Planning Board has
recommended the acceptance of five subdivision streets and LexHAB has requested that
the Town accept an extension of Sedge Road to provide legal frontage to a parcel of land
to be transferred from the School Department.
Selectmen’s Meeting – November 10, 1997
Upon motion duly made and seconded, it was voted to sign a “Notice of Intention to Lay
Out” and a “Constable’s Directive” for each of the following streets:
Butterfield Road from Maple Street westerly to the 190 town layout of Butterfield Road
Currier Court from Webb Street to its terminus
Granger Pond Way from Lowell Street to its terminus
John Hosmer Lane from Butterfield Road to its terminus
Schoolhouse Lane from Concord Avenue to its terminus
Sedge Road from the end of the 1961 Town lay out of Sedge Road 150 feet westerly.
Street Light Turn-On Plan
Mr. White and Public Works Director George Woodbury reported on the plan to restore
583 streetlights in Town. DPW continues to review individual requests and expects to be
restoring 20 to 30 additional lights bringing the total to over 600. If an additional
$16,340 is approved in the FY99 lighting budget, DPW will be able to restore an
additional 100 street lights. Of the remaining 600 lights that have been turned off, a little
over 300 are in neighborhoods and the remainder are on main arteries.
Board members thanked the Public Works and Jake Muller of the Engineering
Department for their hard work in getting the street lights restored.
Water/Sewer Rates
Water and Sewer Superintendent Bill Hadley reviewed his recommendation for the Fiscal
Year 1998 water/sewer rates and explained that he is looking for input from the Board on
his recommendations in preparation for a rate setting hearing at the Board meeting on
November 24. All estimates are based on two years’ consumption figures (1995 which
was hot and dry and 1996 which was a wet and cool year).
Board members thanked Mr. Hadley for his comprehensive review of the proposed FY98
water/sewer rates.
Class III License for the Sale of Used Cars
Motion to approve the application and issue a Class III license to Stewart Prince Amas to
buy and sell used cars at auction, provided that no cars be stored at his residence at 230
Lincoln Street.
Selectmen’s Meeting – November 10, 1997
Appointments
Upon motion duly made and seconded, it was voted to make the following appointments:
Human Services Committee
Linda Gearhart Pucci for a three-year term to expire September 30, 2000
Gregory Kotonias-Payne, MD for a three-year term to expire September 30, 2000
Town Report Committee
Audrea Simpson for a one year term to expire September 30, 1998
Police Manual Policy Committee
Selectman Peter Enrich offered to serve as the Selectman Liaison to the Police Manual
Policy Committee.
Lexington Golf Club All Alcoholic Beverage License – Change in Manager
Upon motion duly made and seconded, with Mr. Busa abstaining, it was voted to approve
a change in manager for the Lexington Golf Club and issue a new license designating
John C. Dwyer as the Manager.
Sale of Water Bond to the MWRA
Upon motion duly made and seconded, it was voted that the sale of the $410,680 water
bond of the Town dated November 13, 1997, to Massachusetts Water Resources
Authority is hereby confirmed. The bond shall be payable without interest on November
15 of the years and in the principal amounts as follows: 1998 - $82,136; 1999 - $82,136;
2000 - $82,136; 2001 - $82,136 and 2002 - $82,136.
Rezoning Article – 55 Hayden Avenue
All Board members indicated agreement to support Spaulding & Slye’s proposal for the
rezoning of 55 Hayden Avenue from CRO, Regional Office to CD, Planned Commercial
District at the Special Town Meeting on November 19.
Hanscom
Mr. Fenn reported that Massport has not yet asked for RFPs for bids by developers. He
asked Julian Bussgang to present his thoughts on the process. Mr. Bussgang described a
three step process as outlined in a November 3 letter from Richard Walsh of Massport
which would :
Selectmen’s Meeting – November 10, 1997
1. issue the RFPs for bids by developers
2. evaluate responses to the RFP (and presumably select likely developers) together
with HATS and 2 other individuals
3. submit the Massport Master Plan required under Ch.11 of 1997, Section 33 for
comments by the towns
Mr. Bussgang proposed the following sequence:
??
submit the Master Plan required under Ch.11 of 1997, Sectin 33, and discuss and
adjust the plans to meet town requirements
??
issue the RFPs for bids by developers according to an agreed on plan
??
evaluate responses and select developers together with HATS and 2 other individuals
Planning Board Chairman Dick Canale indicated that the Planning Board has the same
concerns.
There was much discussion among the Board Members and it was suggested that Mr.
Fenn bring Mr. Bussgang’s letter to HATS and talk the matter over with Julian before the
th
meeting on the 20.
Route 2A
Mrs. Eddison expressed concern that the project has not yet started. It has been almost
two years since a consent agreement was reached among all parties involved. She has
talked to Rachel Freed at MEPA who indicated that the hangup on the project is the
concern of Lorel Imaging about any blasting taking place.
Mr. McSweeney indicated that he and the Town Manager had some of the same concerns
and have sat down with Dick Cook who is currently working with all of the abutters.
Caleb Warner offered to talk with Lorel Imaging and the Board expressed their approval.
Upon motion duly made and seconded, it was voted to adjourn at 9:17 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting Minutes
November 24, 1997
A regular meeting of the Board of Selectmen was held on Monday, November 24, 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. Pease, Assistant to the Executive Clerk, were
present.
Selectmen Meeting Schedule
Upon motion duly made and seconded, it was voted to post the following meetings:
December 8 – Budgets only, January 5, 12, 26, February 2, 9, 23 and March 2.
Set Date for Close of Warrant for Annual Town Meeting
Upon motion duly made and seconded, it was voted to close the Warrant for the 1998
Annual Town Meeting on December 29, 1997 at 4:30 p.m.
Vote to Call Election Day and Date for First Town Meeting Session
Upon motion duly made and seconded, it was voted to call the Town Election for
Monday, March 2, 1998 and to set the date for the first deliberative session of the annual
Town Meeting for Monday, March 23, 1998.
Representation at Cable Television Division Rate Hearing – Tuesday, December 2, 1997
Upon motion duly made and seconded, it was voted to sign the authorization form to
have Julian Bussgang and David Kanter represent the Issuing Authority at the Cable
Television Division Rate Hearing on December 2, 1997.
Buy-Recycling Policy
Upon motion duly made and seconded, it was voted to sign a Recycling and Waste
Prevention Policy Resolution.
Proclamation - Finland Independence
Upon motion duly made and seconded, it was voted to sign a proclamation proclaiming
December 6, 1997 Finland Day.
Selectmen’s Meeting – November 24, 1997
“Gang of Eight” Meetings
Chairman McSweeney mentioned they started this year’s budget process by having a
meeting at the Harrington School with members of the Board of Selectmen, School
Committee, Appropriations Committee, Capital Expenditure Committee, and TMMA. It
was a very good meeting. After other business, we will have the beginning of the Town’s
budget process that will go before the board for the next three meetings. The meetings
will be held on a regular basis throughout the budget process. Last Thursday was the first
meeting. The plan is to meet every other Thursday morning at 7:30 a.m. It is the
Chairman’s hope that this process will be very useful where the Chairmen of the various
committees sit down and work out some of the issues and concerns. Mr. McSweeney and
Mr. Enrich will be at the meetings representing the Board. It is the Chairman’s hope to
have a schedule of when the group will meet and he will attempt to keep everyone
informed of issues that come up. All Board members now have copies of the proposed
scheduled meetings and should get any concerns they have to Mr. Enrich or Mr.
McSweeney.
Mr. White stated this is not a formal committee. It is not a group that makes decisions,
develops data, analyzes data, or takes votes. Its purpose is to coordinate schedules and
public process so that the major boards who are invested in decision making all have an
opportunity to construct that process and participate in it in a fair and equitable way.
That is the purpose of this steering group. If they had a charge this is what it would be.
Mr. Fenn feels it would be helpful to combine the School and Town Budget Action
Calendar. Mr. White stated that he had a meeting with Mr. Young regarding potential
options and he plans to have a series of recommendations for both boards.
Transfer of Liquor License – Lexington Liquor Mart
Mr. Busa excused himself from this hearing and left the room. Mr. McSweeney opened
the hearing. Mr. Philip Sullivan from Andover spoke on behalf of Richard C.
Woodward’s, Inc. that is the proposed purchaser for the Lexington Liquor Mart. One of
the conditions of the purchase and sale agreement is that the liquor license be
successfully transferred to Richard C. Woodward’s, Inc. from the present owner. Richard
C. Woodward’s, Inc. is owned 100% by Stuart and Michael Woodward, both residents of
Lexington. Stuart Woodward would be the manager of the Lexington Liquor Mart. They
are both co-owners of an existing liquor store (Woodward’s in Burlington). The hours
will remain the same as will the name.
Upon motion duly made and seconded, it was voted 4-0 to approve the transfer of the All
Alcoholic Beverage Package Store License for Lexington Liquor Mart, 58 Bedford Street
to Richard C. Woodward’s Inc.
Selectmen’s Meeting – November 24, 1997
All Alcoholic Beverage License Renewals for Calendar 1998
Upon motion duly made and seconded, it was voted to approve the applications and issue
all alcoholic beverage license renewals as follows:
Restaurants
Athenian Restaurant
Bel Canto Restaurant
Bertucci’s Restaurant
Dabin Restaurant
The Hartwell House
Lemon Grass Restaurant
Peking Gardens
Vinny Testa’s Restaurant
Yangtze River Restaurant
Package Stores
Bermans Market, Inc.
Busa Brothers Liquors, Inc.
Lexington Liquor Mart, Inc.
Vinebrook Bottle Shop
Clubs
Lexington Golf Club
Lexington Knights of Columbus
Lexington Lodge of Elks
Lexington Veterans of Foreign Wars
Innholder
Sheraton Tara Lexington Inn
Mr. Busa returned to the meeting.
FY98 Water/Sewer Rates Hearing
Mr. McSweeney opened a hearing for the purpose of setting water and sewer rates for
Fiscal Year 1998.
Selectmen’s Meeting – November 24, 1997
Mr. Bill Hadley explained the two scenarios he was asked to bring before the Board and
requested the Board pick one of the two. The citizens will see it in their summer (1997)
bill which will go out in two to three weeks.
Mr. McSweeney declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the following water and
sewer rates for Fiscal Year 1998.
HCF Water Sewer Total
1-10 $1.25 $1.95 $3.20
11-20 $1.85 $4.15 $6.00
21-40 $2.10 $4.40 $6.50
41-80 $2.10 $5.90 $8.00
81-120 $3.50 $8.45 $11.95
121 & up $3.60 $8.45 $12.05
Water Present Proposed Water Increase
Hanscom Air Base $2.25 $2.35 4%
Veterans Hospital $2.65 $2.80 6%
LexHAB - Sedge Road Affordable Housing Project
Mr. Derby and Mr. Eagle came before the Board to discuss a proposed house to be built
on Sedge Road. Mr. Derby laid out to the Board the process he has gone through so far.
The Engineering Department laid out a legal size lot, which is 30,000-sq. ft. with about
200 feet of frontage.
Mr. Derby walked the site with members of the Conservation Commission and they had
no problems. They requested LexHAB add a path on the side away from Hathaway so
that the public could access the conservation land; the Conservation Commission's goal is
to have all active conservation land accessible to anyone.
In September Mr. Derby met with the School Committee for their concerns and to check
to see if the plan interferes with any of the construction planned. The School
Committee’s only concern was if they widen the road about 10 feet. They had no
problem with LexHAB using the proposed site; they endorsed the plan.
Selectmen’s Meeting – November 24, 1997
In October Mr. Derby met with the abutters and TMMA members. The neighbors had
some suggestions: high water table, house should be as high as possible and they know
where the clogged storm drain is in culvert and will show where it is; they also suggested
moving the house a little north on the lot to better the sun exposure.
LexHAB then met and voted to recommend to the Board of Selectmen that LexHAB be
authorized to proceed to get all the necessary permits, votes, to put a single family house
as part of our scattered site housing plan for LexHAB. If the Board approves this
process, LexHAB would go to the next Town Meeting to get permission to transfer the
Sedge Road lot from School Committee control to Selectmen control for the purpose of
construction of a home. They would also request that the frontage of Sedge Road lot be
accepted as part of the street acceptance so that the lot would have legal frontage. If
LexHAB went forward it would most likely be another Minuteman/Rotary LexHAB
house.
Update of Spencer Road: the state has approved the local initiative comprehensive permit
and LexHAB is scheduled on the Board of Appeals agenda for their December 11
meeting to ask approval. Construction would begin the spring of 1998. Because it is a
large home, LexHAB would have professionals do the site work, framing, and close it in
for the start of School in the fall of 1998.
The Sedge Road home would probably not be started until the summer/fall of 1999
because of the Spencer Road home.
LexHAB does not have a definitive plan because they didn’t want to spend the time and
money until they knew conceptually whether the Board wanted LexHAB to go forward
with the Sedge Road site. They will have something more definitive for Town Meeting.
The typical square footage of a LexHAB house is 1,500 sq. ft.
Mr. McSweeney would like Mr. Derby to return to the Selectmen after Town Meeting
with a definite plan for the house so the Board can give their formal approval.
Upon motion duly made and seconded, it was voted to approve LexHAB’s going forward
with the process outlined to the Board tonight through to Town Meeting and then meet
with the Selectmen for final approval.
Budget Presentations
Dawn McKenna is concerned about the bi-monthly “gang of eight” meetings and is
wondering if the Selectmen have any intention of opening those meetings to the public.
She sees a lot of policies coming out of those sessions, whether or not they are formally
voted on they are pretty well set in stone by the time the meeting is over. She feels those
meetings should be publicly held.
Selectmen’s Meeting – November 24, 1997
Mr. McSweeney said the intention of the “gang of eight” meetings are as a working
meeting where discussions are held and the group talks amongst one another. There are
no votes taken at this meeting and we have felt it is appropriate and don’t want them to
get any larger.
Ms. McKenna stated she will file a formal request that the policy be reviewed because
she feels it is a violation of the open meeting law and the public should be able to sit in
on the meetings. She hopes the Board will reconsider so she won’t have to make a formal
request that the meetings be reviewed.
Social Services
Nancy Freed presented the preliminary budget request for Fiscal Year 1999 of $482,547.
Mr. Enrich would like some statistical information on utilization levels and what changes
are occurring in the demand for the services. Ms. Freed will supply that information.
The Department of Revenue (DOR) changed the rules on whether or not we could treat
the Tax Work-Off Program as an expense item. The DOR has determined that is a
payroll item, so the funds that existed under expenses have to be transferred to personal
services. Mr. Enrich wondered if the people who are participating in the Tax Work-Off
Program would now owe income tax on those benefits? The current cutoff for eligibility
in the Tax Work-Off Program is $18,000 for a single family and $24,000 for a family.
Mr. Fenn would like a report on the Wayside Youth and Family Support Network: what it
is now, how it has changed, and why it has changed. Ms. Freed will put a report together.
Short-Term Issue: Meals on Wheels. It is a long-term nutrition program that provides
meals to homebound seniors and other Lexington residents who are not able to prepare
meals or shop for food. In Fiscal 1997 three Council on Aging nutrition positions were
combined to make one 30-hour town employee who is responsible for the Meals on
Wheels program and the congregate meals program (luncheon program). A grant from
Minuteman Home Care (elder care agency) pays for 42%, the remaining 58% is funded
by fees collected from clients. No town monies presently fund the Program Coordinators
salary. However, it will be an issue in the future maintaining the 58% because the client
population has somewhat decreased for many reasons and there is an increase in expenses
(price of meals, paper goods, coordinators salary). Over the long-term almost 60% of the
meals-on-wheels expenses will be born by seniors (who are least likely to afford any
increase in prices). COA is now conducting a campaign of additional outreach and
offering a variety of meal combinations and they have increased the price of the meal to
clients and are also engaged in assertive billing. In the future they will not be able to rely
on the Meals on Wheels clients to support the program.
Selectmen’s Meeting – November 24, 1997
They currently have 26 to 30 clients a day and need 31 or 32 to break even. The cost of a
hot lunch and cold dinner is $6.00. There is also competition from other vendors for the
same amount. COA is looking at the quality of the product and if it could be improved.
If the program was cut, comparable services are available, but they don’t get the regular
social daily contact with a specific volunteer who checks on them, monitors them, and
talks to them.
Long-term Issue: Senior Center Facility. The COA has between 200 and 300 clients
daily for all activities. They are bursting at the seams and have to turn down some
programs to fit everything in, including the adult education program. What is needed is
an intergenerational facility that would combine services to Recreation Department and
through the Senior Center for both youth and family and senior, or a new Senior Center.
Ms. Freed will put together information on what kinds of facilities are around us and
what the trends are.
Police
Chief Chris Casey presented the Police Department preliminary budget request for Fiscal
Year 1999 of $884,619.
There was much discussion about the Automatic External Defibrillators (AED). The
Police want to purchase 4 of them and place one in each sector. Then there is training
that is needed. Also there is annual training thereafter. The cost is $40,000 for the
training and $14,000 for the equipment.
The Selectmen requested total sheets that show the differences between Fiscal 1998 and
Fiscal 1999 budgets.
Long and Short-term Issues: Bringing the “team” concept to departments. Need funding
to support training. Need to maintain investment in human infrastructure (employees).
Need to maintain salary and compensation so that we are competitive and able to attract
talented and creative applicants. Equipment replacement and investment in technology.
Severe revenue restrictions limit appropriations to maintaining the essentials.
Inspectional Services
Mr. Frederickson presented the Inspectional Services Department preliminary budget
request for Fiscal Year 1999 at $325,859.
Recreation
Ms. Simmons presented the Recreation Department preliminary budget request for Fiscal
Year 1999.
Selectmen’s Meeting – November 24, 1997
Short-term issue: As the library prepares to move into Cary Hall, Recreation will be
displaced and will have to find a new location to run programs that are currently held in
Cary Hall. The School Capital Improvement Plan includes prime program sites used by
Recreation. Once construction begins Recreation will again loose program space.
Recreation generates revenue from user fees, which covers the administrative cost to
manage and run the town’s recreation programs. If programs are not able to run due to a
lack of space we will not be able to meet the needs for leisure and recreation in Lexington
and will not be able to generate enough revenue to cover the administrative cost.
Recreation has begun to develop a strategic plan dealing with this issue and will need
support of Selectmen and School to insure they have sufficient space to run programs.
One step that has been taken is contacting some of the local churches. St. Brigid has
opened its doors for two preschool programs in the morning. Cary Hall services
approximately 200 each season with over 13 programs, which does not include school
vacation programs.
Long-term Issue: On March 13, 1997 Ms. Simmons came before the board to request a
recreation enterprise fund policy change to stabilize and contain erosion of this financial
entity. That policy change was a positive step in making the Recreation Enterprise Fund
solvent. The policy adopted in March continues to provide a means for maintaining a
breakeven financial position in protecting the assets of the Town, but the Enterprise Fund
is not completely secure. It will take many years to build an adequate Reserve Fund.
Once the Reserve Fund is built a plan will need to be developed to prevent erosion in the
future.
HATS
Mr. Fenn reported on a variety of HATS matters. He said that the RFP has not yet been
issued; there are some internal conflicts at Massport which have to be resolved.
Secondly, there will likely be a follow-on to the Daylor Report overseen by the four
Planning Boards looking toward more cooperation among the four towns, even possibly
to the point of legal agreements. This development is worthy of a most careful scrutiny
by the Board. Third, the Aviation Agreement is moving ahead slowly. HATS feels that a
Shhair-suggested Memorandum of Agreement requires a legal review and they are
seeking a maximum contribution from each town and the Park of $1,500 to get Cutler and
Stanfield to conduct that review. Mr. Fenn moved that the Board of Selectmen
appropriate up to $1,500 for that purpose.
Upon motion duly made and seconded, it was voted to commit up to $1,500 for Cutler
and Stanfield to conduct a review of the Aviation Agreement.
In this connection, Mr. Fenn said he would review the history of HATS-related
appropriations and report back to the Board.
Selectmen’s Meeting – November 24, 1997
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call vote: Mr.
McSweeney, Mr. Busa, Mr. Fenn, Mrs. Eddison, and Mr. Enrich to go into executive
session for discussion of collective bargaining and litigation with no intent to resume
open session.
Upon motion duly made and seconded, it was voted to adjourn at 10:55 p.m.
A true record, Attest:
Lynne A. Pease
Assistant to the Executive Clerk