HomeMy WebLinkAbout1992-11-BOS-min Alm
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SELECTMEN'S MEETING
November 2 , 1992
A regular meeting of the Board of Selectmen was held on
Monday, November 2 , 1992 , in the Selectmen' s Meeting Room, Town
Office Building, at 7 : 30 p.m. Chairman Smith, Mr. Marshall , Mr.
Eddison, Mr. Dailey, Mr. McSweeney; Mr Cohen, Town Counsel ; Mr.
White, Town Manager; and Mrs. Peters, Executive Clerk, were
present .
7 : 30 p.m. PUBLIC HEARING: BOSTON EDISON COMPANY. EAST EMERSON
AND MAUREEN ROAD
Mrs. Smith opened the meeting by saying that the public
hearing was being held on a petition, plans, and order for a Grant
of Location for conduits to be replaced in East Emerson Road,
Maureen Road and East Street.
Edward Chisholm representing Boston Edison explained that the
work was necessary to alleviate a continuing outage problem in the
neighborhood.
Mr. Eddison asked how long the cable had been in the ground,
and was told 15-20 years. Mr. McSweeney was told in response to
his question, that there would be a "spare" conduit installed in
the cable .
1
Mr. Lloyd Taylor, 1 Maureen Road, urged that the work be done
as quickly as possible. Mr. Chisholm said that Boston Edison will
be working with the Town DPW to correct this problem during the
month of November.
Mrs. Smith noted a memorandum, dated October 20, 1992 from
Richard Spiers, Director of Public Works/Engineering, recommending
that approval be granted, and declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve
the petition, plan, and order for a Grant of Location for conduits
to be replaced in East Emerson Road, Maureen Road and East Street.
PERSONNEL ACTION RELATING TO THE DEMPSEY CASE
Mr. White noted that the Gants Report recommended that Dis-
patcher Kenneth Robishaw be dismissed if the findings of fact
following the administrative hearing mirror the findings of fact
made in the Report, and that administrative proceedings should be
initiated against Captain Robert Walton and administrative action
in some form should be taken if the findings of fact made following
the administrative hearing mirror those made in the Report. Mr.
White added that his responsibility for taking action on these
personnel matters is vested in him through provisions of the
"Selectmen-Town Manager Act of the Town of Lexington" and rein-
forced through various collective bargaining agreements.
,..,, Mr. White reported that Mr. Robishaw resigned, effective
misliOctober 19, 1992 , and that as a result of his resignation, dismiss-
al proceedings were not conducted. Mr. White also reported that
Captain Walton waived his contractual rights to a hearing.
J.
Minutes for the Meeting of November 2 , 1992 2
In his deliberations over Mr. Walton' s actions in the Dempsey
tragedy, Mr. White considered all the arguments, evidence and facts
presented by Attorney Gants in his report, which drew distinctions
between the actions of Dispatcher Robishaw and those of Captain
Walton in a characterization of their roles as related to the case,
and which also noted Captain Walton' s 24 years of quality service
to the Town of Lexington.
Mr. White said that appropriate disciplinary actions to be
imposed on Mr. Walton that he considered included termination of
employment, demotion in rank, and suspension without pay for an
indefinite period. He added that he rejected these measures since
it would do little to help Lexington in its attempt to look forward
and learn from its mistakes.
Mr. White outlined the administrative actions he took. Mr.
Walton will perform 84 hours of unpaid work in the next 6 months:
a) acquainting himself with the day-to-day operations of the
civilian dispatch function;
2 ) leading a team of firefighters and civilian dispatchers
in establishing written procedures for handling emergency
calls ; and
3 ) leading, implementing and conducting training sessions
for all Lexington Fire Department command staff on the
civilian dispatch operation, the procedures established
for handling emergency calls, and the requirements for
supervision by the command staff of the civilian dispatch
function.
There were no questions from the Board and Mrs. Smith expressed the
Board' s appreciation to Mr. White for his report.
PETITION FROM LEXINGTON CITIZENS FOR RESPONSIBLE SCHOOL POLICY TO
PLACE A NON-BINDING REFERENDUM ON THE 1993 ANNUAL ELECTION BALLOT.
Mrs. Smith noted that the Board would not discuss the sub-
stance of the petition, but would only decide whether it would
agree to put the petition, signed by 10 citizens, on the March 1993
ballot, or would require petitioners to collect approximately 2000
signatures, 10% of the Town' s registered voters, required to put a
non-binding referendum on the 1993 Annual Town Election ballot.
Mrs. Smith invited Douglas Yeo, Chairman of the "Lexington
Citizens for Responsible School Policy" to discuss group' s proposed
non-referendum question entitled: "Shall the Lexington School
Committee continue its policy of providing condoms to students at
Lexington High School without parental permission?"
Mr. Yeo said that according to the process, the Board has the
option of agreeing to put the question on the ballot on the basis
of this petition, or of requiring the Committee to collect signa-
tures from 10% of the registered voters of Lexington. He noted
that in his letter of October 12 , 1992 , he had asked that Board
members review the substance of the petition and decide this
evening so that the Committee could meet the time deadlines for
getting a question on the ballot if the signatures of 10% of the
voters are to be required.
Minutes for the Meeting of November 2 , 1992 3
AIM Mr. Yeo added that his committee felt that the School Commit-
tee had ignored important facts concerning the issue, and that the
School Committee in no way represented the community standards of
the citizens of Lexington when they voted to allow condoms to be
distributed in the high school .
School Committee Chairman Sheldon Spector responded that the
Committee had not acted irresponsibly; that no facts were ignored;
that all aspects of the issue were evaluated and an informed
decision was made, based on consultation with the Board of Health,
the High School social worker and others. He urged that the Board
reject the Committee' s request, since a bad precedent would be set
if a small number of citizens could put issues on the ballot with
little town wide support. Both Chairman Spector and High School
Senate member Kate Olivier objected to the parental consent clause
in the referendum question. Ms. Olivier speaking for the High
School Senate said the group would work against the petition.
Mrs. Smith commented that in recent years the use of a refer-
endum to deal with complex issues is something the Board has not
done, whether it believed in the issue or not.
Mr. McSweeney said he would vote to accept the petition from
10 registered voters. Mr. Eddison said that second guessing by
referendum is not a good way to run Town government; that he
thought the School Committee had thoroughly researched the issue
and that it would be a mistake to second guess them on this. He
opposed accepting the petition with 10 signatures. Mr. Marshall
oak
said it was the responsibility of the School Committee to set
policy, and that he would too would vote no.
Upon motion duly made and seconded, it was voted 3-1 (Mr.
McSweeney voted to accept the petition) not to accept the petition
and to require that the "Lexington Citizens for Responsible School
Policy" collect signatures from 10% of the Town' s registered voters
to place the question on the ballot at the 1993 Town Election.
8 :00 P.M. MEETING WITH SENATOR HAVERN AND GLENN ROACH. EXECUTIVE
DIRECTOR OF STATEWIDE EMERGENCY TELECOMMUNICATIONS ( E911 )
Mrs. Smith welcomed Senator Robert Havern and E911 Executive
Director Glenn Roach and thanked Senator Havern for arranging the
meeting. She continued by saying how vitally concerned Lexington
was about hastening the implementation of E911 , because of the
unfortunate tragedy that happened in Lexington.
Senator Havern responded by saying that the State Legislature
is strongly committed to implementing E911 statewide by 1995 , and
stated his willingness to do all possible to speed this process.
E911 Executive Director Roach presented an overview of what
has happened so far. He reported that the legislation creating
E911 was signed in 1990, and that all 351 communities in the State
chose to be part of it. A committee was then formed to develop a
process and standards, which were adopted in May 1992 and became
effective July 3, 1992 , requiring each community to submit a plan,
oft implementing E911 , with the plan to be submitted no later than
July 3 , 1993 . He also said that E911 can not be implemented one
community at a time, but will be done on a regional basis, and that
even if Lexington prepares and returns its municipal plan it will
not be implemented until the surrounding communities in the region
Lexington belongs to return their plans. If Lexington has complet-
h, 1
Minutes for the Meeting of November 2 , 1992 4
01011 ed its plan and wants to speed the implementation of E911 , he would
encourage the Town to work with and encourage other communities in
its region to complete and return their plans.
In response to questions from the Board, Mr. Roach estimated
that the soonest Lexington could have E911 installed would be the
end of 1993 , with the cooperation of the telephone company. Mr.
Roach and Senator Havern said they will supply data, including what
communities are in Lexington' s region, and will make the informa-
tion available to the Town Manager next week.
Mrs. Smith again expressed the Board' s appreciation to Senator
Havern and Executive Director Roach for taking time, especially on
Election night, to meet with and update the Board on the status of
the implementation of E911 . She also thanked Fire Chief Bergeron,
Police Chief Furdon and Officer Corr for attending this important
meeting.
ACCIDENT AT 99 BOW STREET
Mr. White asked the Board' s permission for him and Chief
Furdon to publicly recognize and thank four Lexington residents who
came to the rescue of a police officer who was seriously injured in
an automobile accident. He reported that Sgt. Robert Simmons' life
was probably saved by the body armour he wore, and by the quick
action of the four residents. They turned off the engine of the
car that collided with the parked police vehicle, and lifted the
car extricating Sgt. Simmons from between and under the vehicles.
The Board asked that the four citizens be invited to its next
meeting so their heroic actions can be publicly recognized and the
Board can express its appreciation in person.
CLASS I LICENSE - AUTO ENGINEERING LIMITED PARTNERSHIP
Stephen E. McLane, representing Auto Engineering, introduced
himself and said he would be glad to answer any questions the Board
might have about the application to operate a Mercedes Benz and BMW
dealership at 436 Marrett Road. The Board had no questions, and
Mrs. Smith noted Chief Paul Furdon' s memo, dated October 23 , 1992 ,
recommending issuance of the license.
Upon motion duly made and seconded it was voted to approve the
application for a Class I License by Auto Engineering and to
welcome Auto Engineering back to Lexington.
CONTINUED PUBLIC HEARING - TRANSFER OF LEXINGTON CATV LICENSE
Upon motion duly made and seconded, and with the concurrence
of the CATV Committee and Cablevision, it was voted to continue the
hearing to November 16 , 1992 at 8: 00 p.m.
MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the meeting of October 5 , 1992 , as written.
oft ANNUAL COMMITTEE APPOINTMENTS
Upon motion duly made and seconded, it was voted to approve
appointments and reappointments to the following committees and
boards.
//
Minutes for the Meeting of November 2 , 1992 5
' ne
LEX. COUNCIL FOR THE ARTS 3 year term for a maximum of 2 terms.
two year term, expiring 9/30/94
Robert Frank, reappointment 7 Homestead Street
3 year term, expiring 9/30/95
Samuel L. Powers, reappointment 7 Dunham Road
Isham Peugh, reappointment 8 Oakland Street
Judi Ozuransky, appointment 95 Woburn Street
Ellalou Dimmock, appointment 29 Munroe Road
Joyce C. Fearnside, appointment 19 Vinebrook Road
PERSONNEL ADVISOR` BOARD 3 year term exp. 9/30/95
Vahe Dermanuelian, reappointment 18 Constitution Road
Janet M. Perry, reappointment 16 Ellison Road
TOWN REPORT COMMITTEE 1 year term exp. 9/30/93
John Avayzian, reappointment 11 Dexter Road
Joyce Fearnside, reappointment 19 Vinebrook Road
Winifred Friedman, reappointment 176 Grove Street
Robert Halfman, reappointment 75 Outlook Drive
Robert Morrison, reappointment 73 Blake Road
Jeanette Webb, appointment 7 Eaton Road
TRANSPORTATION ADVISORY COMMITTEE 3 year term exp. 9/30/95
Sally Castleman, reappointment 7 Mountain Road
pm William F. Mix, reappointment 153 Grove Street
Fred D. Rosenberg, appointment 165 Wood Street
MINUTE MAN COMMUTER BIKEWAY
Mr. Eddison reviewed a memo from Town Engineer Frank Fields,
dated October 14 , 1992 , proposing an amendment to the Traffic Rules
and Orders for "Stop" signs at intersections of the Bikeway with
the following Streets: Hartwell Avenue, Westview Street, Bedford
Street, Revere Street, Hancock Street, Meriam Street, Station Way,
Fletcher Avenue, Woburn Street, Fottler Avenue, Bow Street, the
Seasons Four Entrance, and the driveway for #1359 Massachusetts
Avenue.
Board members expressed concerns about bikers not stopping as
required at these intersections and the potential for serious
accidents as a result of this. It was agreed that as soon as the
landscapers had completed their work along the Bikeway the Jersey
barriers should be again placed at the intersections for safety
reasons.
Mr. White reported that the State has jurisdiction over the
bikeway until it is completed, but that he will try to work with
them to make the Bikeway safer in the meantime. Mr. Eddison noted
that the State has been very cooperative about working with the
Town on the Bikeway.
Upon motion duly made and seconded, it was voted to adopt
amendments to the Traffic Rules and Orders of Lexington for "STOP"
OW signs at designated intersections on the Minuteman Bikeway, as con-
tained in the memorandum dated October 14 , 1992 from Town Engineer
Francis X. Fields, P.E.
Ir
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Minutes for the Meeting of November 2 , 1992 6
pow
The Board also reviewed a draft Charge to the Committee that
updates the 1985 Charge to the Committee and will provide more
comprehensive guidelines on how the Committee is to function.
Upon motion duly made and seconded it was voted to approve the
draft Charge to the Minute Man Bikeway Committee, dated 10/21/92 ,
as written.
RATIFICATION OF TELEPHONE POLL VOTES TAKEN OCTOBER 19. 1992
Upon motion duly made and seconded, it was voted to ratify a
telephone poll vote to endorse the Warrant for the State Election
on November 3 , 1992 .
Upon motion duly made and seconded, it was voted to ratify a
telephone poll vote to approve and endorse a proclamation declaring
the month of November "NATIONAL HOSPICE MONTH" .
CONSENT AGENDA
COMMITTMENTS
Upon motion duly made and seconded, it was voted to approve
committment of the following charges:
a. Commitment of Water Charges - Sept. 1992 $1 ,878.47
( final bills)
Commitment of Sewer Charges - Sept. 1992 $2 , 949.43
( final bills)
Commitment of Water Charges - Oct. 1992 $98 , 186. 22
r,,,. (Cycle 9 Bills)
Commitment of Water Charges - Oct. 10, 1992 $547 .46
( final bills)
Commitment of Sewer Charges -- Oct . 10, 1992 $810. 57
( final bills)
Commitment of Water Charges - October 1992 $883 . 97
( final bills)
Commitment of Sewer Charges - October 1992 $1 , 308. 70
( final bills)
PERMISSION TO FLY THE US FLAG OVER THE LEXINGTON COMMON
Upon motion duly made and seconded, it was voted to approve
the request of the Department of the Air Force to fly the flag of
the United States of America ( furnished by them) over the Lexington
Common sometime during the week of November 16 so it can be pre-
sented to Major James Ryan on the occasion of his retirement from
the Air Force on November 24 , 1992 .
TRAFFIC ITEMS
Upon motion duly made and seconded, it was voted to refer the
following traffic items to the Traffic Safety Advisory Committee
for review and recommendation:
1 ) Taylor Request for handicapped type of curbing at the
corner of East Road and Maureen Road; and
2 ) Hall Request for additional signage where Bedford Street
pow narrows from four lanes to two lane going west just
beyond the Hartwell Avenue/Bedford Street intersection.
Minutes for the Meeting of November 2 , 1992 7
ONE DAY LIQUOR LICENSES
Upon motion duly made and seconded, it was voted to approve 2
One Day Liquor Licenses requested by the Lexington Order of Elks
for the following dates: November 8 and November 14, 1992 .
Upon motion duly made and seconded, it was voted to approve a
One Day Liquor License requested by the Armenian Sisters Academy
for December 12 , 1992 .
VERSAILLES RESTAURANT - REQUEST FOR EXTENSION OF HOURS ON NEW
YEAR'S EVE
Upon motion duly made and seconded, it was voted to grant the
request of the Versailles Restaurant to remain open until 1 :00 a.m.
on New Year' s Eve, 12/31/92 .
INTERFAITH THANKSGIVING SERVICE ON THE LEXINGTON GREEN
Upon motion duly made and seconded, it was voted to grant
permission for the Lexington Clergy Association to conduct an
Interfaith Thanksgiving Service on the Lexington Green, Sunday
November 22 , 1992 from approximately 12 : 00 Noon -- 1 :00 p.m.
APPROVAL OF WORLD WAR II COMMEMORATIVE COMMUNITY PROGRAM
The Board discussed information received on a World War II
Commemorative Community Program sponsored by the U. S. Department
of Defense. An appointed committee draws up a list of planned
r commemorative events and projects, which is submitted to the
Department of Defense for recognition as an official commemorative
community. The program requires that three related community
events occur each year until 1995 .
Subject to the approval of the Selectmen, the Town Celebration
Committee has agreed to work on this project on behalf of the Town.
Upon motion duly made and seconded, it was voted to approve
the Town Celebration Committee as the appointed committee to carry
out the requirements of the World War II Commemorative Community
Program.
SUBSTITUTION OF GUARANTOR UNDER NESWC SERVICE AGREEMENT
Town Counsel explained that the votes requested are all part
of a proposed refunding of outstanding bonds.
Upon motion duly made and seconded it was voted:
1 . That the Town hereby authorizes the substitution of Wheelabra-
tor Technologies, Inc. ( "WTI" ) for Allied-Signal Inc. as the
guarantor of the performance of Massachusetts Refusetech, Inc.
( "MRI" ) under the Solid Waste Disposal Service Agreement between
the Town and MRI .
2 . That upon receipt by the Town of a duly executed guarantee by
WTI of the performance of MRI under the Solid Waste Disposal
Service Agreement , the Town Manager is hereby authorized to execute
and deliver a General Release of Allied-Signal Inc. from its
mink obligations under its guarantee of the obligations of MRI as
aforesaid in substantially the form presented at this meeting,
provided that such release shall be delivered to WTI and Allied-
Signal Inc. only upon the issuance and delivery by the Town of
North Andover of its Resource Recovery Revenue Refunding Bonds to
Minutes for the Meeting of November 2 , 1992 8
r refund the outstanding Town of North Andover Resource Recovery
Revenue Bonds (Massachusetts REFUSETECH, Inc. Project) , dated
February 1 , 1983 .
MBTA PROPOSED ELIMINATION OR MODIFICATION OF MBTA BUS SERVICE
The Board discussed a letter dated, October 29, 1992 , from the
MBTA Advisory Board announcing that, as part of the MBTA Board of
Directors FY94 budget approved October 23 , 1992 , elimination or
modification in service on 20 bus routes is proposed. The Board
also learned that a MBTA Advisory Board meeting will be held in the
Transportation Building on November 6 , 1992 .
One of the routes proposed to be cut, Route #76 Hanscom Air
Base -- Alewife Station, travels through Lexington. The Board
directed the Town Manager to write the MBTA Advisory Board of the
Board' s strong opposition to the proposed elimination of Route #76 .
USE OF BATTLE GREEN
Upon motion duly made and seconded, it was voted to grant the
request of the Town Celebrations Committee to use the Battle Green
on the following dates:
Veterans Day, November 11 , 1992 7 :00 a.m. - 12: 30 p.m.
Patriots' Day, April 18/19, 1993 Noon - 6:00 p.m.
Memorial Day, May 31 , 1993 7 :00 a.m. -12 : 30 p.m. ;
and to grant permission to use Cary Memorial Hall as back-up for
"".,t Veterans Day and Memorial Day in the event of inclement weather.
CHAPTER 90 GRANT
Upon motion duly made and seconded, it was voted to approve
and sign documents in order for the Town to receive a $181 , 603
Chapter 90 grant. Mr. White noted that the funds were not antici-
pated and must be spent by the end of the fiscal year.
CHAPTER 81 STATE AID HIGHWAY
Upon motion duly made and seconded, it was voted to sign three
copies of HED- 077 forms, containing the actual costs during fiscal
year 1993 for Chapter 81 , Section 31 , M.G.L. Mr. White noted that
submittal of these forms is required in order for the town to
receive state highway funds under Ch 81 , Sec. 31 .
METROPOLITAN STATE MUNICIPAL INCENTIVE GRANT
Mr. White reported that the Executive Office of Communities
and Development has awarded MAPC, the Towns of Lexington and
Belmont and the City of Waltham a Municipal Incentive Grant in the
amount of $36, 500 to study the reuse options of the Met. State
property. He said that both public and private reuse options would
be studied, and added that he would keep the Board informed on the
proceedings.
FISCAL 1994 STREET ACCEPTANCES
mob Mr. White reported that no street acceptance petitions were
received as result of the public notice placed in the Lexington
Minutemen on August 6 , 1992 , and it is not anticipated that any
subdivision control streets will be ready for acceptance by the
Town at the 1993 Annual Town Meeting, so no further action on FY94
Street Acceptances is required by the Board.
Minutes for the Meeting of November 2 , 1992 9
FY 94 BUDGET PREPARATION AND REVIEW SCHEDULES
Mr. White went over his FY94 budget preparation calendar, his
proposed internal budget review schedule and a proposed Selectmen
Budget Review Schedule with the Board. He reported that he has
begun review of internal budgets, and hopes to submit a budget
before Christmas.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 5-0 by roll
call vote: Mrs. Smith, Mr. Eddison, Mr. Marshall , Mr. Dailey and
Mr. McSweeney, to go into executive session for discussion of
matters of litigation, the disclosure of which might adversely
affect the interests of the town with no intent to resume open
session.
Upon motion duly made and seconded, it was voted to adjourn at
9: 33 p.m.
A true record, Attest
31P0if fitA,
Sara I . Peters
Executive Clerk
7
s ^0
SELECTMEN' S MEETING
November 16 , 1992
A regular meeting of the Board of Selectmen was held on
Monday, November 16, 1992 , in the Selectmen' s Meeting Room, Town
Office Building, at 7 : 30 p.m. Chairman Smith, Mr. Marshall , Mr.
Eddison, Mr. Dailey, Mr. McSweeney; Mr Cohen, Town Counsel;
Mr. White Town Manager; and Mrs. Peters, Executive Clerk, were
present.
PUBLIC APPRECIATION
Police Chief Furdon introduced four Lexington citizens,
William Savage, William Pierro, Richard Beaupre and Benny Santosu-
osso, and said that the Town owed them its deep gratitude for
their actions on October 25 , 1992 , when they came to the rescue of
two police officers involved in a serious automobile accident.
Chief Furdon reported that a station wagon traveling in the
opposite direction on Bow Street crossed the road and crashed into
the cruiser, pinning Sgt. Robert Simmons, who was outside the
cruiser, under the station wagon. Chief Furdon said that the four
gm% citizens picked up the station wagon and extricated Sgt. Simmons,
probably saving his life.
A round of applause from all present was given and Board
members personally extended their thanks to each citizen for his
heroic actions.
7 : 30 p.m. PUBLIC HEARING, BOSTON EDISON COMPANY. LEELAND TERRACE
Mrs. Smith opened the meeting by saying that the public
hearing was being held on a petition, plans, and order for a
Grant of Location to install conduit in Leeland Terrace.
Carol McManus, representing Boston Edison, explained that the
work was necessary to provide service to 6 Leeland Terrace.
Mrs. Smith noted a memorandum, dated November 6 , 1992 from
Richard Spiers, Director of Public Works/Engineering , recommending
that approval be granted.
There were no questions from the Board or the audience, and
Mrs. Smith declared the hearing closed.
Mr. Eddison asked Ms. McManus to report his appreciation to
Boston Edison for sending the information he requested on its tree
cutting/pruning policy.
Upon motion duly made and seconded, it was voted to approve
the petition, plan, and order for a Grant of Location for conduit
to be installed Leeland Terrace.
7 : 35 p.m. PUBLIC HEARING: HOLIDAY SUNDAY OPENINGS FOR
wow PACKAGE STORES
Mrs. Smith opened the hearing by reading the Legal Notice
concerning applications from package stores in Lexington to be
open on Sundays, beginning on the Sunday before Thanksgiving until
New Year' s Day, in accordance with the regulations of the Alcohol-
ic Beverage Commission. There were no comments or questions from
the Board, and Mrs. Smith declared the hearing closed.
P 6,�
Minutes for the Meeting of November 16 , 1992 2
pima Upon motion duly made and seconded, it was voted to approve
the applications of the following for permission to conduct busi-
ness beginning on the Sunday before Thanksgiving, November 22 ,
1992 , through the Sunday before New Year' s Day, December 27 , 1992 ,
in accordance with the regulations of the Alcoholic Beverage
Commission, and subject to the conditions (with hours Noon - 6 : 00
p.m. as amended by the Board) listed in the Commission' s letter
dated August 12 , 1992 .
Berman' s Market, Inc. 55 Mass. Avenue
Busa Bros. Liquors 55 Bedford Street
Lexington Liquor Mart 58 Bedford Street
1775 Wine & Spirit Shop 1707 Rear Mass. Avenue
Vinebrook Bottle Shop 131 Mass. Avenue
COMMON VICTUALLER' S LICENSE FOR LEXINGTON SQUARE PIZZA AND
RESTAURANT
Attorney Steven Cicatelli , representing Domenic Capozzi ,
briefly outline the steps his client has taken towards purchasing
Lexington Square Pizza & Restaurant; one of which was to obtain a
Common Victualler' s License from the Board of Selectmen to sell
food. Mrs. Smith noted this license would expire on December 31 ,
1992 , with all other Common Victualler licenses.
Upon motion duly made and seconded, it was voted to approve
the application for a Common Victualler' s License by Domenic
•••■ Capozzi , d.b.a. Lexington Square Pizza and Restaurant to expire
December 31 , 1992 .
CHAPTER 90 STATE AID HIGHWAY NOTES
The Board reviewed a Memorandum from Revenue Officer Maureen
Valente, dated November 12 , 1992 , explaining that the State has
not reimbursed the Town for three Chapter 90 Highway projects, so
the notes have to be renewed for another six months and that the
Selectmen' s signatures are needed for the nine notes as well as
the delivery instructions for the notes.
Upon motion duly made and seconded, it was voted to endorse
the nine notes and the delivery instructions for the notes.
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitment of the follow charges:
Commitment of Water Charges - October 1992 $418. 48
( final bills )
Commitment of Sewer Charges -- October 1992 $633 . 78
( final bills )
Commitment of Street Opening Permits 9/30/92 $1325 . 05
Boston Gas -- $973 .00
N.E. Telephone - $350.05
Commitment of Sewer Charges in lieu of $2441 . 81
+�■� Betterment - Langer ( 11-2-92 )
ABATEMENTS
Upon motion duly made and seconded, it was voted to approve
the following abatements:
Water - $32 . 60, Sewer - $32 .40, Demand - $5 .00 $70.00
Minutes for the Meeting of November 16, 1992 3
one
ONE DAY LIQUOR LICENSES
Upon motion duly made and seconded, it was voted to approve
four One Day Liquor Licenses requested by the Lexington Order of
Elks for the following dates and times:
December 4 , 1992 , 7 : 00 p.m. - Midnight; December 5 ,
1992 , 1 :00 p.m. - 5 : 30 p.m. ; December 5 , 8:00 p.m. - Mid-
night; and December 18 , 1992 6:00 p.m. - Midnight
LEXINGTON COUNTY COMMISSIONERS VOTE
Upon motion duly made and seconded, it was voted to endorse
the Lexington November Election Results for County Commissioners.
LIQUOR LICENSE RENEWALS
Upon motion duly made and seconded, it was voted to approve
the applications for the following Liquor License renewals:
Restaurants
Arty' s Restaurant, Inc. Bel Canto Restaurant
177 Mass. Avenue 1709 Mass. Avenue
Hartwell House Inc . LeBellecour
94 Hartwell Avenue 10-12 Muzzey Street
Pm Peking Gardens Sweet Peppers
27 Waltham Street 20 Waltham Street
Versailles Restaurant, Inc. Yangtze River Restaurant
1777 Mass. Avenue 21-23 Depot Square
Lemon Grass Restaurant
1710 Mass. Avenue
Innholder
Sheraton/Lexington Inn
727 Marrett Road
Clubs
Lex. Lodge B.P.O. Elks #2204 Lex. Golf Club
959 Waltham Street 55 Hill Street
Lex. Knights of Columbus The Lexington Club
177 Bedford Street 475 Bedford Street
Lex. Veterans of Foreign Wars
2 Hayes Lane
Package Stores
Berman' s Market, Inc. Busa Brothers Liquor, Inc.
*""ik 55 Mass. Avenue 55 Bedford Street
Lexington Liquor Mart, Inc. Vinebrook Bottle Shop
58 Bedford Street 131 Mass. Avenue
Not approved was a completed license renewal application from
1775 Wine & Spirit Shop, 1707-R Mass. Avenue, since none has been
received.
Minutes for the Meeting of November 16, 1992 4
0111
REPORTS OF THE TRAFFIC SAFETY ADVISORY COMMITTEE (TSAC )
Peter Chalpin, Chairman of the Traffic Safety Advisory Committee,
presented the Committee' s Reports on the following traffic concerns of
residents.
East Lexington Library Exit Driveway
Mr. Chalpin reported that at the TSAC meetings of June 24, and
September 23 , 1992 , Mr. Richard Fron, representing the Waldorf School ,
discussed the school ' s concern about traffic conditions when vehicles
exit from the school to Mass. Avenue at dismissal time.
Mr. Chalpin said the Committee recommended posting No Parking
signs on Massachusetts Avenue , from the school exit driveway, 25 feet
northerly (towards Lexington Center) to allow vehicles to make safer
right turns from the exit driveway and also improve sight distance for
these vehicles.
Upon motion duly made and seconded, it was voted to approve the
Traffic Safety Advisory Committee recommendations for traffic safety
improvements at the East Lexington Library Exit Driveway.
Bruce Road
Mr. Chalpin reported that at the TSAC meeting of September 23 ,
1992 , the Committee met with a group of seven neighbors from Bruce
Road and Massachusetts Avenue to discuss parking on Bruce Road at
Hillside Avenue. David Eagle also attended, representing LexHAB.
Mr. Chalpin said the Committee recommended that "No Parking Here
aim to Corner" signs be posted on both sides of Bruce road, from Hillside
Avenue , 35 feet westerly in front of House #8 , and 45 feet westerly in
front of #9 .
Upon motion duly made and seconded, it was voted to approve the
Traffic Safety Advisory Committee recommendations for traffic safety
improvements on Bruce Road at Hillside Avenue.
Wilson Road/Roosevelt Road
Mr. Chalpin reported that at the TSAC meeting of June 24 , 1992
the Committee met with Bruce Collier to discuss his request to move
the existing STOP sign on Wilson Road at Roosevelt Road to a new
location on Roosevelt Road at Wilson Road.
Mr. Chalpin noted that the committee had reviewed the warrants
for a four-way STOP and found that the warrants were not satisfied,
and therefore recommended that four-way STOP signs not be considered
further at this time.
Mr. Chalpin concluded that the Committee recommended approval of
Mr. Collier' s request that the existing STOP sign be relocated to
Roosevelt Road, westbound at Wilson road. He added that the Committee
also recommended that another STOP sign on Roosevelt Road, eastbound
at Wilson Road be installed. Also recommended was the pruning of the
lower limbs of two evergreens at #23 Wilson Road to a height of three
feet to improve sight distance at the intersection.
Upon motion duly made and seconded, it was voted 4-1 (Mr. Mar-
shall voted in the negative) to approve the Traffic Safety Advisory
Committee recommendations for traffic safety improvements at the
intersection of Wilson Road and Roosevelt Road.
Traffic -- East Street
Mr. Chalpin reported that the TSAC met with Mr. James Kelly of
#245 East Street , representing Mr. and Mrs. Caslaysky of #244 East
A
Minutes for the Meeting of November 16 , 1992 5
Street who were unable to attend. Mr. Kelly expressed concern about
speeding on the section of East Street between Lowell Street and the
Woburn city line.
Mr. Chalpin also reported that the Committee asked the Engineer-
ing Department to perform a radar speed study as the first step in the
Town' s recommending a Posted Speed Zone with a 25 MPH speed limit. He
added that the results supported a recommendation by the Committee
that the Mass. Highway Department be asked to issue a Special Speed
Regulation for 25 MPH, in both directions, for this section of East
Street.
Upon motion duly made and seconded, it was voted to approve the
Traffic Safety Advisory Committee recommendation that the Massachu-
setts Highway Department be requested to issue a Special Speed Regula-
tion for 25 MPH, in both directions, for the section of East Street
between Lowell Street and the Woburn city line.
HOUSEHOLD HAZARDOUS WASTE COLLECTION REPORT
In some opening remarks, Mr. White spoke of the excellent work
done by Health Director George Smith over the years, and said he had
invited Mr. Smith to join the Board to discuss the success of this
year' s household hazardous waste collection day. He noted the time
Mr. Smith has spent with other communities helping them to set up
similar programs.
The Board welcomed Mr. Smith who reported on a very successful
PENA household hazardous waste collection day held Saturday, October 24 .
He noted that Lexington' s program, the first in the state and perhaps
in the country, has served as the model for similar programs in New
England and throughout the country. He praised the contractor who
worked with the Town this year and attributed much of the collection
day' s success to the contractor' s employees enthusiastic work. He
added more waste was collected the ever before and nobody waited. Mr.
Eddison noted he did not have to wait at all and was able to rid
himself of all the hazardous waste he brought.
Using graphs, Mr. Smith noted 823 households participated in the
collection day, and more barrels were collected than ever before,
while total collection costs continued to decline over the past
several years.
Mrs. Smith expressed the Board' s appreciation for his excellent
work over the years and especially for the success of the hazardous
waste collection day, noting that he was very definitely an innovator
in this field.
8 : 00 p.m. CONTINUED PUBLIC HEARING: LEX. CATV LICENSE TRANSFER
Mrs. Smith reported that the CATV Committee has not completed
drafting the Town' s agreement with Cablevision at this time and has
asked that the hearing be continued. In response to a question, Mr.
McSweeney reported that this was mutually agreeable to all parties.
Upon motion duly made and seconded, it was voted to continue the
hearing on the Lexington CATV License Transfer to November 30 , 1992 at
rim 8 : 00 p.m.
r' f
Minutes for the Meeting of November 16, 1992 6
CONSERVATION RESTRICTION -- 47 SOLOMON PIERCE ROAD
Upon motion duly made and seconded, it was voted to approve the
Conservation Restriction, which has been accepted by the Conservation
Commission, over a portion of Lot 60, #47 Solomon Pierce Road, shown
as bordering vegetated wetland.
1993 ANNUAL TOWN MEETING
Upon motion duly made and seconded, it was voted to call the 1993
Annual Town Meeting for March 1 , 1993 , and to close the Warrant for
1993 Annual Town Meeting on December 30, 1992.
EXECUTIVE SESSION MINUTES FOR OCT. 5 AND NOV. 2 . 1992
Upon motion duly made and seconded, it was voted to approve the
minutes for the Executive Session held on October 5, 1992.
Upon motion duly made and seconded, it was voted 4-0-1 (Mr.
Dailey abstained since he did not attend) to approve the minutes for
the Executive Session held on November 2 , 1992 .
TRAFFIC SAFETY ADVISORY COMMITTEE MEMBER ROBERT TRASK
The Board noted with deep regret the death of Robert Trask, 217
Waltham Street, a member of the Traffic Safety Advisory Committee, and
agreed that a letter expressing the Board' s appreciation for his many
years of service to the Town should be sent to his family.
NOMINATIONS FOR THE MINUTE MAN BIKEWAY COMMITTEE
'"''a Upon motion duly made and seconded, it was voted to appoint
Michael Sacco to serve on the Minute Man Bikeway Committee for a term
of one year to expire September 30, 1941
WATER/SEWER RATE REVIEW ( PRELIMINARY)
The Board discussed a memorandum from Superintendent of Water/Se-
wer William Hadley to the Town Manager, dated November 13 , 1992 . Mr.
Hadley' s memo proposed water/sewer rates to support the FY-93 budget
of $408.02 for the average residential water/sewer bill, an increase
of $91 . 62 or 29%.
Mr. White commented that each year, there is a preliminary
discussion, such as this, before the formal water and sewer hearing
which he hoped can be scheduled for the next Selectmen' s meeting on
the 30th of November.
Mr. White noted that previously, sewer rates were established
based on water consumption without regard to sewer use, and that a
recently completed sewer user inventory indicated that only 93% of
households and business eligible for sewer service are actually
connected and taking advantage of the service. He explained that this
proposal would be implemented in two phases, one in the December bill
and one in the June bill of 1993 and added that adoption of this
recommendation will finally complete the Town' s phasing in of full
cost recovery for water and sewer services by the users. He also
noted that although Lexington' s rate of $408 .02 appears to be high, it
„� was well below the MWRA FY91 average combined rate of $443 .44.
Questions from the Board focussed on whether there are different
rates for water used in swimming pools - it was noted that there is
only one meter per residence; why the Town charges at the same rate
for sprinklers; how the projected changes will effect Lexington' s
ability to continue to supply water to Bedford through Lexington' s
,-- ,,--
Minutes
,1Minutes for the Meeting of November 16 , 1992 7
oma
water piping system; how much of an increase in rates will be required
when the financing of the pumping station begins to be included in the
budget; and using the S500,000 surplus that historically results from
the sale of water to Bedford to lower water/sewer rates.
In response to concerns expressed by the Board as to the rapidly
rising water/sewer rates, Mr. White said that the clean-up of the
Boston Harbor has caused much of the MWRA assessment cost increases.
He added there is some hope that the Federal government will be taking
another look at providing more financial aid to the state to clean up
harbors. Mr. Bigelow Moore, 50 Hancock Street, suggested more conser-
vation measures be considered by the Town.
Mrs. Smith thanked Mr. Hadley and Mr. Ryan for their excellent
presentation. The Board agreed to schedule a Water/Sewer Rates
hearing for its next meeting on November 30 , 1992 .
STREET LIGHTING
Town Manager White reported that, on behalf of the Town, he has
signed an agreement with Boston Edison Company setting up a resolution
of the dispute between them that is currently before the Department of
Public Utilities. The parties have agreed that Boston Edison will
request cost information from manufacturers, vendors and distributors
on BECo acceptable lamps and accessory products, or for any product
identified by Lexington, for review by Lexington or its representa-
pm tives, who will study and select those options that it wants to
consider.
Also included in the agreement were conditions for developing
scheduling and procedures for the installation and testing of street
lights in Lexington. Mr. White thought it would be some time before
any results will be seen in Lexington.
E911 UPDATE
The Board discussed a letter Mr. White received from Glenn Roach,
Executive Director of the Statewide Emergency Telecommunications Board
(E 9-1-1 ) dated November 4 , 1992 , in which Mr. Roach reported that
E 9-1-1 will be implemented by geographic areas, and that the tenta-
tive date for the first conversion is late 1993 , with an anticipated
project completion date of mid to late 1995 .
The letter also reported that the anticipated municipalities in
the Lexington area are: Bedford, Billerica, Lincoln, Waltham, Bel-
mont , Newton, Watertown, Weston, Burlington, Winchester, Woburn,
Arlington and Concord.
Mr. White reported that with the Board' s encouragement, he will
conduct a meeting between Thanksgiving and Christmas to work with the
municipalities in Lexington' s area to complete the necessary work
needed for implementation of E 9-1-1 here.
The Board also discussed a memo from Police Sgt. Mark Corr, dated
November 13 , 1992 , reporting that Lexington' s Municipal Plan is 95%
complete . The point of delay is that New England Telephone does not
+a'"' know how it wants to deal with Hanscom Air Force Base, as the address
system at the Base is inconsistent with the E 9-1-1 data base format.
Minutes for the Meeting of November 16 , 1992
obit
BUDGET SCHEDULE AND FINANCIAL FORECAST
Mr. White advised the Board and the public of his goal of pre-
senting a budget before Christmas. He noted that the review process
is open to the public and he hoped that it would join in the review
process.
Mr. White also said his previously discussed 5 year budget
projection using a 3% projected increase appeared to be feasible,
including debt service and shared expenses such as health costs.
He has been in discussion with School Superintendent Jeffrey Young as
to what he foresees will happen with the school budget.
Mr. White recommended that a joint meeting of the Board and the
School Committee be held as early as possible to begin discussion of
School budget concerns early in the budget process.
Mr. McSweeney reported he could not support a budget based on a
3% increase and recommended the Town Manager's budget be unchanged
from last year. Mr. Dailey noted that residential property taxes are
also projected to rise sharply and other expenses are expected to go
up, as well . He hoped the School department would keep this in mind
as it develops its budget.
LEXHAB - LOWELL STREET RD PROPOSAL
Mr. Marshall Derby, Chairman of LexHAB, joined the Board for
discussion of a proposal from Peter Kelley to bring an RD rezoning
proposal to the 1993 Annual Town Meeting for the construction of 75 to
' R 80 condominium 2 bedroom units. The land is located off Lowell Street
next to the Middlesex Mall in Burlington. Mr. Derby reported that Mr.
Kelley has offered either to give five units to LexHAB for its manage-
ment under the Town' s affordable housing program, or to make approxi-
mately 15 units available to qualified buyers at affordable income
rates to be monitored by LexHAB. He spoke of the monitoring problems
of this type of management by LexHAB.
Both the Board and Mr. Derby, speaking for LexHAB, agreed that
they thought more than 5 units should be given to LexHAB free and
clear for its management.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 5-0 by roll call
vote: Mrs. Smith, Mr. Eddison, Mr. Marshall, Mr. Dailey and Mr.
McSweeney, to go into executive session for discussion of matters of
land use and litigation, the disclosure of which might adversely af-
fect the interests of the town with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at
10: 10 p.m.
A true record, Attest
944,4d, j, 61t/L
Sara I . Peters
pink Executive Clerk
SELECTMEN' S MEETING
November 30, 1992
A regular meeting of the Board of Selectmen was held on
Monday, November 30 , 1992 , in the Selectmen' s Meeting Room, Town
Office Building, at 7 : 30 p.m. Chairman Smith, Mr. Marshall , Mr.
Eddison, Mr. Dailey, Mr. McSweeney; Mr Cohen, Town Counsel ; Mr.
White, Town Manager; and Mrs. Peters, Executive Clerk, were
present.
SCHOOL COMMITTEE/BOARD OF SELECTMEN - BUDGET PLANNING
Joining the Board were School Committee Chairman Sheldon
Spector; School Committee Members Lois Coit, Albert Zabin, John
Oberteuffer; and Dr. Jeffrey Young, Superintendent of Schools.
Mrs. Smith observed that the School Committee and the Board of
Selectmen share the same goal ; that of providing quality education
for all Lexington children. She added that it is the Selectmen' s
responsibility to provide the means for funding this education,
and characterized tonight' s meeting as a start in the budgeting
process where problem budget areas could be discussed.
Mr. White reported that he has been meeting on a regular basis
with Dr. Young to discuss school appropriation needs for FY94 . He
reported there will be approximately $1 .8 million or 3% additional
P PP Y
appropriating capacity for FY94 . He noted that the costs of
providing health insurance for employees continues to rise and that
if all education costs were directly allocated and a comparison
were made of FY93 appropriated to FY94 projected, it would be
discovered that school appropriation demands exceed expected
revenue demands for FY94 . He hoped this would be the focus of
tonight' s discussion.
Dr. Young explained some of the Department' s constraints,
and said that he thought it would be impossible to meet the Board' s
goal of limiting the FY94 budget increase to 3%, given the direc-
tion he has received from the School Committee for the preparation
of the School Department budget.
Dr. Young added that preparation of the budget will be based
on several factors including : maintaining the existing quality of
the schools and reasonable class sizes; focussing on the needs of
all children, with equitable educational opportunities for all ; no
new innovative programs; no new fee programs ; investment in staff
for professional development; budgeting accurately for the needs of
special education students, which has not been done in the past;
maintaining a comprehensive High School ; the fact that student
enrollment is increasing ; and awaiting the results of collective
bargaining with the unions . He added that the budget would exceed
the 3% limit even without factoring in the projected rise in
student enrollment.
Dr. Young also said that this rise in student enrollment may
require the reopening of Hasting School in 1995 , when it is pro-
jected that there will be a shortage of about 12 classrooms. He
asked for understanding and support from the Selectmen in the
planning and implementation of this increase in student enrollment ,
Minutes for the Meeting of November 30 , 1992 2
and said that he will make a formal presentation of his budget in
about two weeks .
Mr. Dailey referred to Town Meetings' s concern that the
Selectmen and the School Department go to Town Meeting with one
budget , and asked for a quicker resolution of budget problems in
FY94 then occurred last year, adding that with a 13% tax increase
this year, he hoped there would be no need for another override.
He suggested a new process where the resolution of the two biggest
problems , a lessening amount of State Aid available, and the
increase in health care costs, should be borne equally by both the
Town and the Schools. He also suggested that where similar con-
tracts, such as the Custodians contracts, are due to be negotiated
in both Town government and the Schools, negotiations be conducted
together.
Some comments from members of the School Committee were: that
it may not be possible to maintain services and hold budget in-
creases to 3%; that they liked Mr. Daily' s recommendations for
coming up with a new budget making process ; and that the Board and
the School Committee must work together since they represent
different constituents of the Town, which must come to agreement
ultimately on the budget.
Mr. Mc Sweeney was glad to hear that Mr. White and Dr. Young
would be working together on the preparation of a FY94 budget. He
hoped funds could be saved by the elimination of duplication of
loft work, and that all would be concerned about the inability of senior
citizens and the unemployed to pay increasingly higher taxes. He
added that he hoped all residents that wished to stay in Lexington
would be able to do so.
Mr. Marshall said it would be very difficult to maintain
quality in all parts of Town government, and asked what would be
sacrificed. He added that he would like to see all agree on a
balanced budget early before Town Meeting . Mr. Eddison added he
would like to see a leaner school budget .
School Committee Chairman Sheldon Spector said the School
Committee is awaiting the formal budget presentation from School
Superintendent Young.
Mrs. Smith thanked the School Committee and the Superintendent
for joining the Board for a most worthwhile meeting this early in
the budgeting process, and asked them to keep in touch.
CONTINUED PUBLIC HEARING: TRANSFER OF THE LEXINGTON CATV LICENSE
Mrs. Smith opened the Public Hearing that had been continued
from November 16 , and asked CATV Chairman Julian Bussgang for his
comments on the transfer document before the Board.
Mr. Bussgang, representing the Committee, several of whom were
in the audience , reported that the Committee has reviewed and
approved the final Transfer of Control document now before the
Board. He presented two copies signed by Cablevision representa-
tives which are ready to be endorsed by the Board. He added that
'mi Jay Sommers, Sheila Mahony and Penny Contos representing Cablevi-
sion were present if the board had questions .
Mr. Eddison noted that the Town has had problems in the past
with the cable company' s tree pruning methods in connection with
the location of wires, and asked that Cablevision agree to furnish
r B
Minutes for the Meeting of November 30 , 1992 3
Aim
the Board with the company' s statement of policy on its pruning of
trees, similar to ones received from Boston Edison and New England
Telephone . The Company agreed to this request.
Upon motion duly made and seconded, it was voted to approve
the request for the transfer of control of the Town' s CATV License.
Mr. Dailey asked that the Town recognize the efforts and long
hours spent in review and negotiation by the Town' s Cable TV
Advisory Committee and the cooperation that was received from
Cablevision in reaching a resolution of long standing open ques-
tions , which will result in better television service for the Town.
Mrs. Smith thanked Mr. Dailey for reminding the Board of these
efforts, and on behalf of the Board, thanked the Committee and
Cablevision for their hard work spent in reaching this agreement.
PUBLIC MEETING: WATER/SEWER RATE HEARING
Mrs . Smith reported that two weeks ago the Board began its
deliberations on the setting of Water/Sewer rates, and that it was
hoped that this could be accomplished tonight.
Mr. White commented that in the past when setting water/sewer
rates , the incremental block rate system was set up to: 1 )
encourage water conservation by users; 2 ) require larger users of
the service to pay a larger share of the water bill , and 3 ) to
buffer the increase of the average water/sewer consumer.
Mr. White presented for the Board' s review five year water/
sewer forecast projections based on MWRA available figures , which
will permit the Town to make general assumptions on its operating
budget expenses.
Mr. White added that for the first time sewer rates will be
based on actual users of the sewer system, rather than being based
on all users of water service , some of whom do not use the sewer
system.
Overall , Mr. White reported that the average water./sewer bill
will increase by $91 . 62 or 29%, and he recommended that the water
and sewer rate increases be implemented in two phases; one reflect-
ed in the December bill and another in June of 1993 , to minimize
the total impact in FY93 . He added that the primary increases in
rates have been caused by increases in MWRA water and sewer rates;
and that over the past five years MWRA assessments have increased
by 177%, while the average Lexington water/sewer bill has increased
by 58%. He also reported that water consumption by the average
Lexington user is down 19%.
Mr. White concluded by saying that 74% of the sewer budget and
38% of the water budget is attributable to MWRA charges , and that
the Town has done all it can to minimize the cost of services that
it can not directly control .
Mr. Eddison had questions about what charges are being made to
institutional users such as Hanscom Field and for supplying water
to the Town of Bedford, and was told the rates were consistent with
existing agreements to provide water. Mr. White discussed the
study to be done by Camp, Dresser & McKee which would determine
whether or not the hydrology capacity exists to provide for Bed-
ford' s water supply, and said that the study is expected to be com-
pleted in the next couple of weeks. Once this is received a
realistic rate will be set for Bedford. Mr. Eddison expressed
Minutes for the Meeting of November 30 , 1992 4
concern about the possibility of the Bikeway being torn up if an
agreement is not reached by the two towns.
Mr. McSweeney had questions about indirect expenses such as
insurance, processing bills for the collection of revenue. He also
asked about financial aspects of stabilizing the water rates .
Mrs. Smith reported that Senator Havern has introduced two
bills in the State Legislature, which would require that the State
pay 50 % of the cost of cleaning Boston Harbor, instead of requir-
ing this expense to be borne by the MWRA cities and towns . She
added that both the federal and state government are aware of the
unfairness of this burden.
Joel Adler, Village Circle, had questions about the practice
of private septic tank pumpers, some from out of town, being
permitted to dispose of tank contents into the Town' s sewer system
at no cost . He asked why the Bow Street site was designated for
such disposal . Mr. Hadley outlined what the requirements for an
approved disposal site, and noted that the site is locked except
for the hours of 7 : 00 a.m. to 3 : 30 p.m. The Board agreed there
should be further discussion at its meeting on December 14 .
Mr. Marshall thought that those living on sewered streets who
continue to use septic systems and receive abatements for sewer
bills should not receive these abatements.
Mr. Dailey noted that other towns charge a fee for dumping
septage in their town and thought Lexington should also.
Mrs. Smith declared the hearing closed. Mr. Dailey commented
that he would prefer to adopt water/sewer rates for the first six
months of the year only. Upon motion duly made and seconded, it
was voted to adopt water/sewer rates for the first six months of
the year, as proposed in the Town Water and Sewer Department
recommendations.
Mrs. Smith thanked Mr. Hadley, Mr. Spiers and Mr. Ryan for all
the work they have done in preparing this information for the
Board.
REPORT FROM THE METROPOLITAN STATE HOSPITAL LAND TASK FORCE
Mr. McSweeney reported on the recommendations of the Lexington
Metropolitan State Hospital Land Task Force for the use of the
former Metropolitan State Hospital site.
The Task Force recommended that the site be treated as a
whole, and were opposed to the division of the site according to
municipal boundaries. It also agreed the site must be environmen-
tally clean prior to the start of any development or site improve-
ments, and must be developed and/or used in compliance with all
applicable laws and regulations for environmental protection.
The Lexington Task Force recommended the following uses for
further study with the funds awarded to the three communities,
Lexington, Belmont and Waltham:
1 ) preserve wetlands and surrounding open spaces intact as
conservation land or as an ecological reserve open to the
O` public, and encourage the MDC to submit a proposal ;
2 ) provide mixed ownership and rental housing for mixed
income households with no age restrictions; include
community residences for the developmentally disabled and
the mentally ill ; and provide day care facilities for
Minutes for the Meeting of November 30 , 1992 5
ono
both elderly and children; and
3 ) consider private/public or educational uses.
Mrs. Smith suggested that agricultural educational uses be
included, perhaps talking to the University of Massachusetts for
their recommendations . Mr. Marshall suggested including low income
housing in the housing recommendations.
Upon motion duly made and seconded, it was voted to approve
and support the Task Force ' s recommendations for use of the site.
LEXINGTON CENTER COMMITTEE - RESIGNATION/APPOINTMENT
The Board reviewed a memo from David Wells, Chairman of the
Lexington Center Committee dated November 9 , 1992 , announcing the
resignation of Margaret Read, and recommending the approval of
Molly H. Nye for membership on the Committee.
Upon motion duly made and seconded, it was voted to accept
the resignation of Margaret Read, and to appoint Molly H. Nye as a
member of the Lexington Center Committee.
LEXHAB -- COMMITTEE REAPPOINTMENTS
The Board reviewed a letter from Marshall Derby, Chairman of
LexHAB requesting the reappointment of Marshall Derby, Marian
Reilly and Donald Wilson to the LexHAB Board for three year terms
expiring December 5 , 1995 .
Pim Upon motion made and seconded, it was voted to reappoint Mar-
shall Derby, Marian Reilly and Donald Wilson to serve on the LexHAB
Board for three year terms expiring December 5 , 1995 .
MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the meetings of November 2 , and 16, 1992 .
EXECUTIVE SESSION MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the Executive Session on November 16, 1992 .
TRAFFIC ITEM - YORK STREET, NANCY F. BURKE
Upon motion duly made and seconded, it was voted to refer the
following item to the Traffic Safety Advisory Committee for review
and recommendation:
Burke request for a hidden driveway sign for the driveway at
24 York Street.
LIQUOR SERVICE EXTENSIONS -- SHERATON TARA LEXINGTON INN
The Board discussed a request from the Sheraton Tara Lexington
Inn for extension of liquor service for 16 holiday parties until
12 : 30 p.m. and New Years Eve until 1 :O0 p.m.
Upon motion duly made and seconded, it was voted not to grant
the extension of service until 12 : 30 a.m. for the Holiday Parties ,
'"` and to grant an extension of liquor service until 1 : 00 a.m. for New
Years Eve.
Upon motion duly made and seconded, it was voted to authorize
the Town Manager to grant any other requests for extension of
liquor service to 1 : O0 a.m. on New Year' s Eve.
}
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Minutes for the Meeting of November 30, 1992 6
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitment of the following charges:
Commitment of Water Charges - Nov. 1992 $117 ,020. 99
(cycle 9 bills )
Commitment of Street Opening Permits $1 ,827 . 50
October 30, 1992
APPOINTMENT OF SPECIAL AD HOC COMMITTEE - EMPLOYEE BENEFITS 1995
The Board discussed a memorandum prepared at its request for
the formation of a Special Ad Hoc Advisory Committee to Study and
Make Recommendations to Change the Employee Benefits Offered to all
Town and School Employees. It would serve in an advisory capacity
to the Board of Selectmen and the Town Manager, and consist of 18
members: one member of the Board of Selectmen, one member of the
School committee, one member of the Personnel Advisory Board, the
Town Manager, the Assistant Town Manager, the Revenue Officer, the
School Superintendent, and the presidents of the seven collective
bargaining units within the Town. In addition, the Town Manager
would appoint two citizens and two representatives from the ranks
of the non-union employees, preferably one technical and one
clerical employee.
Its charge would be to research the issue of employee benefits
and propose to the Board of Selectmen and the Town Manager a cost
effectivecomprehensive com hensive em to ee benefit program. Recommendations
P y
from the Committee should include but not be limited to an examina-
tion of health insurance benefits, earned time, and short and long-
term disability.
Upon motion duly made and seconded, it was voted to approve
the formation of such a committee and to direct the Town Manager to
schedule its first meeting sometime early in January.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 5-0 by roll
call vote: Mrs. Smith, Mr. Eddison, Mr. Marshall , Mr. Dailey and
Mr. McSweeney, to go into executive session for discussion of
matters of litigation, the disclosure of which might adversely
affect the interests of the town with no intent to resume open
session.
Upon motion duly made and seconded, it was voted to adjourn at
10 : 13 p.m.
A true record, Attest
44,44f., 6/L
Sara I . Peters
Executive Clerk