HomeMy WebLinkAbout1993-02-BOS-min r
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SELECTMEN'S MEETING
February 1 , 1993
A regular meeting of the Board of Selectmen was held on
Monday, February 1 , 1993, in the Selectmen's Meeting Room, Town
Office Building, at 7: 30 p.m. Acting Chairman Marshall , Mr.
Dailey, Mr. McSweeney; Mr Cohen, Town Counsel ; Mr. White, Town
Manager; Ms. Novak, Assistant Town Manager; and Mrs. Peters,
Executive Clerk, were present.
MOMENT OF SILENCE IN MEMORY OF SELECTMAN JACK EDDISON
Members of the Board of Selectmen and others present in the
Selectmen' s Meeting Room stood to observe a moment of silence in
memory of Selectmen Jack Eddison who died January 22, 1993.
On behalf of the Board, Mr. Marshall said that the Town has
been honored and well served by Mr. Eddison, and that he will be
sorely missed by his fellow Selectmen. Mr. Marshall presented
Mrs. Eddison with a gavel, that will be inscribed with Mr. Eddi-
son's name and years of service; a flag that was flown over the
Battle Green; and a temporary sign designating the Minute Man
Bikeway in Lexington as the "Jack Eddison Memorial Bikeway" . Mr.
Marshall said that at the 1993 Annual Town Meeting, the Selectmen
will propose that the Minute Man Commuter Bikeway in Lexington be
designated the "Jack Eddison Memorial Bikeway" to commemorate Mr.
Eddison' s dedication and service to the Town.
Town Moderator Margery Battin spoke of Mr. Eddison's keen mind
and ability to bring people together in consensus, and his infec-
tious enthusiasm and optimism. She added that he was a true friend
and valued colleague.
Mrs. Eddison spoke of Mr. Eddison's love for Lexington, and
said he would have been very honored by the presentation of the
flag, the gavel and the proposal to name the Lexington Bikeway in
his honor.
Exgcumg SESSION - PLANNING BOARD
At 7: 37 p.m. upon motion duly made and seconded, it was voted
3-0 by roll call vote: Mr. Marshall, Mr. Dailey and Mr. McSweeney,
to go into executive session for discussion of matters of litiga-
tion, the disclosure of which might adversely affect the interests
of the town, with the intent to return to open session.
At 8: 17 p.m. it was voted to return to open session.
MINUTES
Upon motion duly made and seconded it was voted to approve the
minutes for the Meeting of January 4, 1993.
ION CONSERVATION ESTRIC 'ION -- 61 SOLOMON PIERCE ROAR
The Board reviewed a memorandum from Conservation Administra-
tor Marilyn Nordby, dated January 28, 1993, requesting the approval
of an attached Conservation Restriction at 61 Solomon Pierce Road
which has been accepted by the Conservation Commission.
Upon motion duly made and seconded, it was voted to approve
and endorse the Conservation Restriction.
• Minutes for the Meeting of February 1 , 1993 2
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
the following commitments:
Commitment of Water Charges - Jan. 1993 $2 ,603.94
(additional commitments)
Commitment of Sewer Charges - Jan. 1993 $4, 554.94
(additional commitments)
ABATEMENTS
Upon motion duly made and seconded, it was voted to approve
the following abatements:
Abatements: Water, Sewer & Demand -- 1/25/93 $2,548.43
Abatements: Water, Sewer & Demand - 1/27/93 $920. 10
C,iN DAY LIQUOR JIC NSA,
Upon motion duly made and seconded, it was voted to approve a
One Day Liquor License requested by the Armenian Sisters Academy
for February 6, 1993.
Upon motion duly made and seconded, it was voted to approve
three One Day Liquor Licenses requested by the Lexington Order of
Elks for the following dates: February 11 , February 19 and Febru-
ary 27, 1993 .
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TRAFFIC ITEM
Upon motion duly made and seconded, it was voted to refer to
the Traffic Safety Advisory Committee a reported safety hazard at
the intersection of Hillcrest Avenue & Circle Road.
BUDGET REVIEW
RECREATION OPERATING & CAPITAL
Joan Halverson, Director of the Recreation Department and
Recreation Committee Chairman Donald Chisholm presented the
Recreation Department budget. Ms. Halverson reported that the
Department's proposed budget is up 1 . 9% overall from last year's
budget. She said that the $14,000 increase in the Fine Meadows
budget was the result of a new three year maintenance contract.
Ms. Halverson and Mr. Chisholm reviewed a series of charts
showing Fiscal Year comparisons in the Recreation Enterprise fund
for FY91 through FY94 .
Mr. Chisholm commented that the Committee may soon need to
find other ways to generate new funds, either by raising fees to
maximize income or reconsider indirect fees that have been moved
into the Recreation Department budget from other budgets, or look
for other sources of revenue.
Mr. White commented that the revenue from the proposed driving
range is anticipated to be around $200,000 in FY95.
w•• Mr. Marshall said raising prime time golf fees for Leagues,
weekend players and out-of-town users should be considered. Mr.
Dailey suggested giving Lexington residents a discount to play,
since in effect, the course is being subsidized by Lexington taxes.
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Mr. McSweeney asked if special rules for seniors; setting up
Lexington golf leagues or encouraging the formation of women' s golf
leagues were being considered.
Mr. Chisholm responded that this is all under consideration.
He also discussed capital fund requests including: $50,000 for
corrections to the 5th hole at Pine Meadows; $50,000 for pool
rehabilitation and $30,000 for Pine Meadows maintenance equipment.
In response to a question, Mr. Chisholm estimated that about
half of all fees collected are golf course fees. Mr. McSweeney
hoped that the need to raise fees would not reduce participation in
programs, and that job preference would be given to Lexington
residents.
Mr. Marshall thanked the Committee and Ms. Halverson and said
a tremendous job has been done to develop an excellent recreational
program that all can be proud of and enjoy.
LEXPRESS
Mr. White turned the meeting over to Transportation Advisory
Committee Chairman Sara Arnold and LexPRESS Coordinator Barbara
Lucas presented the LexPRESS budget. Also present were committee
members William Mix, Fred Rosenberg and Nick Santosuosso.
Mrs. Arnold reported that the bus service is in the third year
sm. of a three year contract with the operator of the six route mini-
, bus system ending in December 1993. They are proposing to finish
out the fiscal year at $255,850, leaving the option for investing
in new equipment to the next policy making group, i.e. not locking
them in to any commitments this year.
Ms. Lucas presented ridership statistics for this year with
some fare increases. She reported total ridership was about the
same as last year.
Mr. McSweeney praised the work of the Committee and the
drivers, and asked if the Town was spending 1. 3 million dollars for
transportation including school buses, MBTA assessments and Lex-
PRESS. He expressed concern over possible duplication of service.
Mrs. Arnold commented that she was not sure there is as much
duplication as Mr. McSweeney might think. She added they are in
communication with the schools to avoid such duplication.
Mr. Dailey noted that if the MBTA drops the Route 76 bus
service sometime in the near future, perhaps a substitute service
might begin operation and use smaller vehicles at less expense.
Mr. Marshall thought there should be some bus contingency
planning in case the MBTA Route 76 bus service were dropped. He
thanked Mrs. Arnold and Committee members and Ms. Lucas for their
presentation.
APPROVE AND SIGN THE WARRANT FOR THE 1993 ANNUAL TOWN MEETING
Upon motion duly made and seconded, it was voted to
0..` approve and sign the Warrant for the 1993 Annual Town Meeting.
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�•• Minutes for the Meeting of February 1 , 1993 4
APPOINTMENT - COUNCIL ON AGING
Upon motion duly made and seconded, it was voted to approve
the Town Manager's appointment of Clark A. Cowen, 104 Fifer Lane,
to the Lexington Council on Aging for a term expiring June 1 , 1994.
POLICY DISCUSSION REGARDING REVENUE DISTRIBUTION
The Board discussed two budget information papers prepared by
the Town Manager showing School and Town Appropriations and FY94
Adjusted Budget calculation prepared by the Town Manager to reflect
Selectmen concerns about the distribution of new revenue for the
Schools and Town Services. Mr. Dailey hoped that the Board could
firm up its position on the budget next week.
In response to a question from Mr. Marshall, Mr. White
reported that the number of residents filing for abatement for this
year was lower than in previous years.
Upon motion duly made and seconded, it was voted to adjourn at
10:05 p.m.
A true record. Attest
imme
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Sara I . Peters
Executive Clerk
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SELECTMEN'S MEETING
February 8, 1993
A regular meeting of the Board of Selectmen was held on
Monday, February 8, 1993 , in the Selectmen's Meeting Room, Town
Office Building, at 7 : 30 p.m. Acting Chairman Marshall, Mr.
Dailey, Mr. McSweeney; Mr Cohen, Town Counsel ; Mr. White, Town
Manager; Mrs. Novak, Assistant Town Manager; and Mrs. Peters,
Executive Clerk, were present.
7 : 30 p.m. CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
the commitment of the following charges:
Commitment of Water Charges - Jan. 1993 $458.97
( final bills & additional commitments)
Commitment of Sewer Charges -- Jan. 1993 $1 ,029. 97
( final bills & additional commitments)
Commitment of Water Charges -- Feb. 1993 $80, 520.43
(cycle 9 bills)
BUILDING FEE COMPARISON
The Board reviewed a memo, dated January 22, 1993, from Build-
ing Commissioner Stephen Frederickson to the Town Manager, that
presented a comparison of Lexington's building, electrical and
plumbing/gas permit fees with neighboring towns. Based on this
comparison, Mr. Frederickson recommended that the Proposed Schedule
of Permit Fees of the Town of Lexington, Department of Inspectional
Services (attached) be adopted.
Upon motion duly made and seconded, it was voted to approve
the Proposed Schedule of Permit Fees for the Department of Inspec-
tional Services (attached) , effective April 1 , 1993.
AMBULANCE PRIVATIZATION STUDY
Mr. White noted that one of the key elements in his FY94
budget was a proposal to privatize the Town' s ambulance service.
He referred the Board to a feasibility report on this proposal
prepared by T. Michael Brown, Town Manager' s Office.
Mr. Brown reported that he has talked with: 1 ) numerous local
communities who have successfully and, for some, unsuccessfully
switched to private ambulance companies; 2 ) the Lexington Fire
Department employees; 3 ) the State Emergency Medical Services offi-
cials;
ffi-
cials; employees who work in and around the emergency division of
local area hospitals; and 4 ) owners of local private ambulance
companies, which included a tour of two company's operations.
Mr. Brown commented that privatization of functions from the
pow public sector to the private sector, is neither a new nor a radical
concept for local governments. He said that what is new, is the
type of services local governments are now contracting out for
private companies to perform, and he added that privatization is a
viable option if the same level of service can be provided at a
lower cost or if citizens are willing to accept a lower level of
service at a lesser cost. He reported that prior to the Fire
Minutes for the Meeting of February 8, 1993 2
Department' s provision of ambulance services, emergency transport
service in Lexington was performed by a local undertaker.
Mr. Brown said that the primary reasons local governments
consider privatizing emergency ambulance services include cost,
labor and litigation issues. He said that local governments are
re-examining the way they deliver services, and that taking the
cost of providing EMS services out of the budget obviously results
in savings. He added that labor issues such as union contracts and
employee resistance to change can restrain a community's ability to
improve services, and that sharing the risk of litigation with a
private company is often cited by local governments considering
privatizing.
Mr. Brown described the procedures followed when an emergency
call comes in to the Lexington Fire Station and noted that, under
the Town Manager's proposal , this operation would remain the same
except a private company would become the responder. He added that
cost for these services would increase under a private operator.
Mr. Brown said several factors make Lexington conducive to a
public/private EMS partnership: 1 ) the Town Manager's proposal
assures the Town's continued involvement in the EMS operation by
sending the pumper truck to every EMS call and keeping the Fire
Dept. ambulance as back-up for multiple calls; 2 ) the Town's mutual
aid agreement provides sufficient back-up support for EMS and fire
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emergencies; and 3 ) the Advanced Life Support coverage of the Town
would remain the same.
Mr. Brown concluded by saying that there were two respectable
private ambulance companies located nearby that would and could
easily provide emergency ambulance services at no cost to the Town,
since users of the services pay for the services; that this would
save the Town approximately $341 ,000; and that over 30% of the
communities in Massachusetts currently receive EMS service from
private companies, and over 45% of communities nationally have
private companies providing EMS services.
Mr. White discussed the privatization ambulance proposal and
asked that the Board consider both sides of the argument fairly and
squarely. He concluded by saying that this was an issue that will
have to be dealt with if not this year, then next year or the year
after, since the Town's need for services is going to grow faster
than the Town' s ability to pay for them.
Chairman Marshall introduced Kenneth Donnelly, President of
the Fireman' s Union, who asked for time to speak on behalf of the
Lexington firemen.
Mr. Donnelly thanked the Board for providing him with the
opportunity to speak on behalf of the Lexington firefighters. He
noted that he had served 21 years in the Lexington Fire Department.
Mr. Donnelly spoke of the high quality of service provided by
Lexington' s Ambulance service, and questioned whether a savings of
$341 ,000 would be realized by turning to privatization of the
ambulance service. He noted that the Town could raise its ambu-
lance service rates to achieve more income. He also questioned
whether surrounding Towns would come to Lexington' s mutual aid if
it used a private service.
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Minutes for the Meeting of February 8, 1993
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He directed the Board' s attention to a "Report on the Recom-
mendation to Privatize the Lexington Fire Department Ambulance
Service" , prepared by the Officers and Firefighters of the Lexing-
ton Fire Department, which suggested other questions for the
Board' s consideration, including:
• Will one or two private ambulances be dedicated for Town use?
Where located? Response times? Backups?
• Impact on fire fighting service? Last year's staff was re-
duced to 11 ; this proposal would reduce the staff to 9.
• What amount of supervision the Town would have over a private
company
• Will the Town face enormous liability for a private company's
malpractice?
• What type of ambulance attendants will the private company
provide?
• Will the Town save money?
Is not emergency medical services basic responsibility of
local government?
Does privatization work in other communities - how well?
Mr. Donnelly concluded by saying that Lexington has a fire
department it can be proud of today and citizens will continue to
expect the good service they are receiving. He thanked the Board
for its patience and hoped members would read the Firefighter's
Report . Questions from the Board focussed on manning in both
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public and private ambulance services; and why some towns have
returned to public service after trying private ambulance services.
Chief Bergeron noted that quality of ambulance service does
not depend on whether the service is a public or a private one, and
added that Towns must set their own priorities first. He added
that private vendor may charge more, but will do whatever citizens
decide they want in the way of service.
Mr. McSweeney asked about the implications of increasing
fees/rates. Mr. Dailey commented that he did not see it as a cost
shifting issue only. He was also worried about the quality of
services that would be provided. He added that he did think that
ultimately the cost of ambulance service will probably not go down,
but that the cost of the service will be paid by the citizens using
the services rather than the Town.
Comments from firefighters present included concerns that
private services can not guarantee that ambulances will be avail-
able and will be knowledgeable about Lexington Streets; that a lot
of towns that started out paying only as contracted now have to pay
subsidies; whether EMT certifications will be required; and ques-
tions about what percentage of bills sent out by private companies
are collectable.
Mr. Marshall thanked Mr. Donnelly, Mr. Brown, Chief Bergeron
and Town Manager White for the excellent presentation of informa-
tion from them all.
mak
ONE DAY LIQUOR LICENSE
Mr. White reported that The Friends of the Council on Aging
have requested a One-Day Liquor License to serve beer and wine at a
Minutes for the Meeting of February 8, 1993
benefit auction in Cary Memorial Hall on Friday, April 2, 1993.
Upon motion duly made and seconded, it was voted to approve
the application and to grant a One-Day Liquor License to serve beer
and wine at a benefit auction in Cary Memorial Hall on Friday,
April 2 , 1993; and to waive the fee, as all of the benefits from
the auction will go towards Council on Aging programs.
SNOW REMOVAL BUDGET UPDATE
The Board reviewed a memo from Highway Superintendent David
Turocy to Richard Spiers, DPW Director, dated February 2, 1993 in
which he reported that he has less than $14,000 remaining in the
snow removal budget, and that the next big storm will put the snow
removal budget in the red.
RESERVE FUND TRANSFER REQUESTS
Mr. White reported that the Board can expect Reserve Fund
transfer requests for Police Personal Services, the Legal Budget,
the Fire Budget for Gant' s related expenses and possibly Police and
Fire Medical accounts.
POLICY DISCUSSION REGARDING REVENUE DISTRIBUTION
The Board continued its discussion of School and Town appro-
priation figures found in two papers presented by Mr. White last
week. Mr. Marshall commented that if he understood the information
presented correctly, Mr. White was talking about the redistribution
of approximately $428 ,000 which would result in a school budget
line item reduction to $30,030,047 from $30,458 ,688.
The three Board members present agreed, subject to consulta-
tion with Mrs. Smith, to discuss the items listed under "Select-
men' s Budget Issue" to see if there was agreement among them on any
changes to the Town Manager's Budget as presented under Selectmen' s
Budget Issue.
Mr. McSweeney favored restoring funding for the Ambulance
Service, two police officers and the Council on Aging for a total
of approximately $425,000.
In response to questions from Mr. Marshall, Mr. White agreed
that the Increase Overlay item could be dropped, based on the
number of requests for abatements from residents, which was less
than expected. Also, Mr. Marshall noted that the Library Trustees
had not indicated to the Selectmen that they could not live with
the $20,000 reduction in their budget, and Mr. White agreed.
Mr. Dailey suggested that if the restoration of two police
officers, with insurance, for approximately $88,000 and the $12 ,000
to the Council on Aging were restored for approximately $100,000,
discussion of the remaining $328,000 ( from the $428,000) be post-
poned until the issue of the privatization of the ambulance service
is settled.
Mr. White discussed efficiency in the Police Department and
the Department of Public Works, and Firefighter Union problems that
affect the operating efficiency of the Fire Department. Mr.
Marshall asked if Mr. White and Fire Chief Bergeron could refigure
what additional revenue an increase in ambulance rates would
Minutes for the Meeting of February 8, 1993 5
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produce, and Mr. White said he would provide the Board with this
information at its next meeting.
Mr. White also said he would come back at the next meeting
with an updated FY94 adjusted budget reflecting the thoughts the
three selectmen expressed tonight. The Board agreed to continue
this discussion and to await Mrs. Smith's thoughts on the FY94
Budget.
Upon motion duly made and seconded, it was voted to adjourn
the meeting at 10: 38 p.m.
A true record, Attest
g(14AL., q1 , 6:&t,<2
Sara I . Peters
Executive Clerk
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Town of Lexington
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Department of Inspectional Services
Proposed Schedule of Permit Fees
BUILDING/INSPECTION DEPARTME24T,Building,Plumbing,Wiring,Gas,Zoning Enforcement
1625 MASSACTIU6r.i 1 6 AVENUE,LEXINGTON,MA 02173 'TELEPHONE(617)861-2711 FAX(617)863-2350
The following fees were approved by the Board of Selectmen at their meeting on 21e> 93and are effectivelEmiamige 4ke p_i L ),ic)is
RULES: Permit fees are payable at the time of application and are non-refundable.
Valuation shall be the estimated cost of construction as determined by the inspector and is exclusive of land value.
Town.County,State or Federal buildings are exempt from fees.Housing Authority pays fees if Federal or State grants allow them as a
project cost.
Any person failing to call for a final inspection within tea(10)working days(or as otherwise required by applicable code)after
completion of work shall be assessed a fee of$20 per inspection,payable in advance.
Any activity commenced without a permit,fees shall be triple those scheduled.
Re-inspection necessary because of violations,or work not ready on a requested inspection,shall pay an additional$20 per inspection,in
advance.
BUILDING PERMITS Microfilnung Fee-In addition to any permit fee,an additional
fee of$10.00 will be charged for any permit application which
New Construction-(including additions,alterations,and repairs) includes a plan submittal.
-$1231,000 valuation,minimum$30
rilai ELECTRICAL PERMITS
Demolition- 512/$1000 valuation of building,minimum fee$30
Signs-$63100 valuation,minimum fee$30 $25 per$1000 valuation,or any portion thereof,up to the first
$10,000
Moving Structures-See Demolition Fee
Separate permit required for new foundation,etc. $10 per$1,000 valuation of electrical work for that portion of
valuation over$10,000
Re-issuance of lost Inspection Record Card or Permit.$30
Minimum fee-$30
Where a Certificate of Use/Occupancy is required, fee is
included in permit price for all new work. Maintenance Permit-$150 annual fee per building,required for
any business having a licensed electrician in their employ for
Certificate of Use/Occupancy for Existing Structures-$30 maintenance purposes
Certificate of Inspections-Per State Building Code
PLUMBING/GAS PERMITS
Permit renewal-$30 per year
Permit extension(for work which has not begun within 6 Minimum fee for first fixture,appliance,or device-$30
months of permit issuance)-$30 per 6 month extension
Each additional fixture,appliance,or device-$7
If plan review by outside consultants is deemed necessary,the
cost shall be paid for by the applicant,with no adjustment to Exception-Sprinkler heads-fee per head$2,minimum fee$30
permit fee.
A minimum filing fee of$30 shall be charged for the first item
Zoning review-$500 A Zoning Review can be done at the on the permit, regardless of whether it is a plumbing or gas
request of the applicant who does not wish or is not ready to permit.The remaining fixtures,etc.,if any,shall be tabulated at
apply for a building permit.This fee will be credited towards the above rate per item.
Pita' the building permit fee if a permit is applied for within 6 months
I of the date of the review.This fee,as are all others, is non- For fee purposes,sprinkler connections,standpipes,hose
refundable.
connections,etc. shall be counted the same as fixtures($5)
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SELECTMEN'S MEETING
February 23 , 1993
A regular meeting of the Board of Selectmen was held on
Tuesday, February 23 , 1993 , in the Selectmen's Meeting Room, Town
Office Building, at 7 : 30 p.m. Acting Chairman Marshall, Mr.
Dailey, Mr. McSweeney; Mr Cohen, Town Counsel; Mr. White, Town
Manager; Mrs. Novak, Assistant Town Manager; and Mrs. Peters,
Executive Clerk, were present. Mrs. Smith joined the meeting
following the first item of business.
HANSCOM FIELD GENERIC ENVIRONMENT IMPACT REPORT
Acting Chairman Marshall invited Residents Carolyn Tiffany,
109 Reed Street, Margaret Coppe, 12 Barrymeade Drive and Joan C.
Goldmann, 79 North Street, to discuss the Hanscom Field GEIR
(Generic Environmental Impact Report) Update which Massport has
been required to do by the Secretary of Environmental Affairs. The
Update will be done by consultants hired by Massport.
Mrs. Tiffany said a group of volunteers had been asked to
prepare a Warrant for the Lexington 1993 Annual Town Meeting
requesting that the Town appropriate funds to enable the Hanscom
Area Towns (Lexington, Bedford, Lincoln and Concord - HATS) to hire
rum consultants to monitor the GEIR process, and to review and respond
to the Draft GEIR and the Final GEIR. Each town was asked to
contribute $10,000 to provide technical assistance in responding to
the Generic Environmental Impact Report Update, which consists of
technical environmental studies that provide baseline data for
airport planning.
Mrs. Coppe reported that because Massport has not been able to
proceed with the GEIR Update it has requested that it be permitted
to submit an "interim report" on the "Environmental Baseline" and
that the GEIR Update be postponed until the completion of the Part
150 Study.
Mrs. Goldmann said that while they supported Massport's
request to postpone proceeding with the GEIR Update until the Part
150 Study is completed, they were very concerned about its proposal
to submit an "interim report" on certain baseline data as a substi-
tute for the GEIR Update because it could legitimize an approach
that fragments the GEIR process, and undermine the objective of the
GEIR Update to promote comprehensive planning.
Concern was also expressed that allowing data, that has not
been subjected to the type of scrutiny provided for by the GEIR
process, to become part of the official record, deprives the
communities of the protection afforded by the regulations governing
the GEIR process.
Mrs. Goldmann noted that if this Massport request to file an
interim report were granted, the timetable for completing the GEIR
Update would be reduced considerably, and the need for the funding
to provide the four towns with technical assistance would arrive
sooner then anticipated.
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Minutes for the Meeting of February 23 , 1993 2
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The residents asked the support of the Board for Article 23,
appropriating $10,000 to provide technical assistance to the Town
in responding to the Generic Environmental Impact Report recently
undertaken by Massport at Hanscom Field.
Board members said they were very impressed with the good
results achieved by the volunteer group, and thanked them on behalf
of the Town.
Upon motion duly made and seconded, it was voted 3-0 to
support Article 23 and to insert a line item in the Town Budget
appropriating $10,000 as Lexington's share of HATS funding for
technical assistance to monitor the GEIR Update process.
At this time, Mrs. Smith joined the meeting and chaired the remain-
der of the meeting.
MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the meetings of January 6 and 11 , 1993 .
COMMITTEE RESIGNATIONS
Upon motion duly made and seconded, it was voted to accept,
with regret, the resignations of the following persons:
Lynn Burgin - Transportation Advisory Committee;
ammo Renee Cochin - Human Services Committee; and
Isabella D. Hagelstein - Historical Commission
ASSEMBLY ON BATTLE GREEN
Upon motion duly made and seconded, it was voted to approve
the request of The Drumming Circle to gather on the Battle Green
for Earth Day ' 93 , April 22, 1993 , at 6: 30 p.m. for approximately
one and one-half hours, with the hope that there would be consid-
eration for neighborhood as the drums are played.
SPECIAJJ SPEED REGULATION # 158-B
Upon motion duly made and seconded, it was voted to approve
Special Speed Regulation # 158-B which sets the following speed
limits on a portion of East Street.
EAST STREET EASTBOUND
Beginning at a point 140' from Adams Street thence easterly on
East Street:
0. 84 miles at 30 mpr, and 0. 22 miles at 25 mph
Ending at the Woburn Lexington town line, the total distance
being 1 .06 miles.
EAST STREET WESTBOUND
Beginning at the Woburn Lexington town line, thence westerly
on East Street.
mm 0. 22 miles at 25 mph, and 0.87 at 30 mph
Ending at Adams Street, the total distance being 1 .09 miles.
JACK EDDISON BLOSSOM FUND TRUST FUND
The Board reviewed a letter from Mrs. Elizabeth Eddison, dated
February 1 , 1993 , to Alan Fields, Trustee of Public Trusts, setting
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Minutes for the Meeting of February 23 , 1993 3
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forth the terms under which the Trustees of Public Trusts agree to
hold the trust fund, known as the "Jack Eddison Blossom Fund" ,
which the family and friends of John C. Eddison have established in
his memory.
Upon motion duly made and seconded it was voted to approve, on
behalf of the Town, the terms under which the Trustees of Public
Trusts agree to hold the trust fund known as the "Jack Eddison
Blossom Fund" .
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded it was voted to approve
commitments of the following charges:
Commitment of Water Charges - Feb. 1993 $123 , 30
( final bills)
Commitment of Sewer Charges - Feb. 1993 $205 . 61
( final bills)
ABATEMENTS
Upon motion duly made and seconded, it was vote to approve the
following abatement:
Abatements: Water and Sewer - 2/8/93 $3 ,378.65
ONE DAY LIQUOR LICENSE
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Upon motion duly made and seconded, it was voted to approve
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4 the application for a One Day Liquor License requested by St. Brid-
gid' s Parish for March 6, 1993
PROCLAMATION "AMERICAN RED CROSS MONTH"
Upon motion duly made and seconded, it was voted to proclaim
the month of March 1993 "American Red Cross Month" , as requested by
the American Red Cross.
PROCLAMATION "CHILD ABUSE PREVENTION MONTH"
Upon motion duly made and seconded, it was voted to proclaim
the month of April 1993 "CHILD ABUSE PREVENTION MONTH" , as request-
ed by Lexington Child Assault Prevention Project (CAPP) , a program
of RePlace, Inc.
ASSEMBLY ON BATTLE GREEN. LEXINGTON MINUTE MEN COMPANY
Upon motion duly made and seconded, it was voted to grant
permission to the Lexington Minute Men for assembly on the Battle
Green at the following times and for the following uses:
1 . Rehearsal Sunday, 4/4/93 2-4 p.m. ;
2 . Rain Date for Rehearsal , Sunday, 4/18/93 2-4 p.m.
and
3 . The Reenactment Monday, Patriots Day, 4/19/93
6:00 a.m.
ORM
LITTLE LEAGUE OPENING DAY PROGRAM
Upon motion duly made and seconded, it was voted to grant
permission for a Little League parade, beginning at Muzzey Park at
9: 00 a.m. May 1 , 1993. The route will proceed down Massachusetts
Avenue through the Center, down Muzzey Street, and terminate at the
Minutes for the Meeting of February 23 , 1993 4
mm
Little League field at the end of Park Drive, to be followed by a
brief Opening Day Ceremony at the field.
RACOON/RABIES - REFUSE CURBSIDE PICK-UP REGULATIONS
Health Department Director George Smith, speaking for Board of
Health Chairman Barbara Marshall, reported on the Board's rising
concern with the increase in raccoon rabies, and, to deal with this
problem, proposed some modifications to the curbside refuse regula-
tions prohibiting the placement of refuse at curbside overnight.
In a memorandum to Mr. White and Mrs. Novak, from Barbara
Marshall , Chairperson of the Board of Health, dated February 18 ,
1993 , it was recommended to change the wording under Section 2.
Rules for Curbside Collection in The Rules Governing Residential
Waste Recycling from:
"2B. Where Place your containers/recycling bin at curbside no
earlier than one hour after sunset the day before the collec-
tion, and no later than 7:00 a.m. the day of the collection.
Remove your containers within 12 hours of the collection.
Collection vehicles will not return to an area after the
waste/recyclables in that area have been collected. " to:
"2B. Where Refuse should be placed at curbside no earlier
than 6:00 a.m. and no later than 7 :00 a.m. of the day of
collection, and empty containers should be removed within 12
ism
hours of the collection. Residents are responsible for remov-
ing refuse from spills or broken containers prior to the
collection. The contractor will not collect loose refuse , and
will not return to an area after the waste/recyclables in that
area have been collected. Dog and/or wild animal complaints
can be reported to the Animal control Department at 861-2700
during normal work hours. "
Mr. Smith said that the Board of Health recognized that there
would be consternation, convenience, and logistical problems on the
part of residents to be addressed as this ruling is changed, but
the rapid spread of racoon rabies since September makes a most
diligent effort necessary.
The Board also discussed the problem of dealing with racoons
found inside homes. Mr. Marshall thought the Town should take a
more active role, through the Board of Health, to prepare a refer-
ral list of persons who deal with this problem, and he recommended
that Mr. Smith come back with a policy statement on what the Town
will do when someone calls with this problem.
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Board of Health to revise the wording of the
"RULES GOVERNING RESIDENTIAL WASTE RECYCLING 2. Rules for Curb-
side Collection, Section B" as written above.
sum REFUSE
DPW Director Richard Spiers presented a progress report on
negotiating the unused portion of the Town' s NESWC Guaranteed
Annual Tonnage ( 1200 tons) . He reported that negotiations with
private haulers interested in buying the Town' s unused portion of
the NESWC guaranteed tonnage to be delivered to NESEC at spot
t
Minutes for the Meeting of February 23, 1993 5
market prices have resulted in the sale of 1200 the tons of refuse
at $35 .00 a ton, realizing around $42,000.
DEPARTURE
Mr. White reported that T. Michael Brown, who works in the
Town Manager' s Office, has been accepted at the University of
Kansas for the Masters Degree program, and will be leaving in June.
RECREATION FEES
The Board reviewed a list of revised Summer program fees
contained in a memorandum, dated February 18, 1993, to Mr. White
from Recreation Director Joan Halverson that have been reviewed and
approved by the Recreation Committee and need the Board' s approval.
It was reported that the Recreation Committee does 4 competi-
tive analysis of all its fees, particularly the golf course fees,
some of which have been increased to reflect different resident and
non-resident fees for 1993.
Ms. Halverson explained the fee increases and went over the
Spring and Summer Fee History from 1980 to 1993.
Upon motion duly made and seconded, it was voted to approve
the Summer program fees as recommended by the Recreation Committee
and contained in the memorandum.
POLICE CHIEF RECRUITMENT PROCESS
Mr. White reviewed the Police Chief Recruitment Process with
the Board since Chief Furdon is expecting to retire sometime in
1993. He reported that contact has been made with the State
Department of Personnel Administration, and that Mark Chavanne
there has indicated that they can not properly prepare a written
exam and an assessment center and include both processes in the
grading and ranking system in time for the scheduled examination of
May 1993 .
Mr. White said the interim period provides him with an oppor-
tunity to examine the needs of the department and consequently the
type of candidates best suited for the position. He felt that
restricting the examination just to those qualified candidates
within the Lexington Police Department would include only seven
people, all white, all males, which contradicts the town's affirma-
tive action police statement, approved by the Board.
Mr. White reported that he is planning to appoint an Ad- Hoc
Committee to sort out the issues and to investigate the concept of
a consolidated public safety administration, a concept that has
been discussed by Town Meeting for years. Proposed for the Commit-
tee are:
Leona Martin Town Meeting Member
Gerri Weathers Fair Housing Committee
William Hays Police Manual Committee
Jason Berger Personnel Advisory Committee
Mary Miley Former Selectmen
on. Steven Politi Former Selectmen
Ann Scigliano Board of Appeals
Donald Wilson Business Appointment
_) ,
Minutes for the Meeting of February 23 , 1993 fi
Robert Hutchinson Former Town Manager, Registrar of Motor
Vehicles, and current Asst. Secretary
for Administration and Finance
Susan Beck Town Resident
Ralph Ganz Palmer & Dodge
Julia Novak Staff
In response to a question from Mr. McSweeney, Mr. White
described an Assessment Center as an examination in and of itself
where candidates were provided with a certain exercise and were
evaluated on how they performed in various categories of law
enforcement procedures including leadership, style, competence,
ability to work under pressure and to work with others. Mr.
McSweeney also had concerns about maintaining the morale of the
department during this period.
Mr. Dailey recommended that the tenure of the acting chief be
kept as short as possible; asked if there was any way to accelerate
the process.
Mr. Marshall supported the proposed testing process and the
use of an Assessment Center. He thought it was an excellent Ad-Hoc
Committee, and wanted an open search for the new police chief.
Mrs. Smith said she was in general agreement with the others,
and felt it was extremely important that the Assessment Center was
a part of the replacement process. She agreed with the proposal
for the creation of an Ad- Hoc Committee, which she characterized as
having a very creative make-up, and added that the Town must do a
more in the way of examining how the Town provides its services.
Mr. White concluded by saying that he would report back on a
regular basis to update the Board on the Committee's activities.
REDISTRICTING UPDATE
Mr. White reported that several months ago, Town Clerk Fallick
presented a proposed Town redistricting plan to the Board, which
the Board declined to adopt. The Town is being pressured to adopt
an acceptable redistricting plan very soon. Mrs. Fallick is
working on a plan including the nursing homes and hopes to present
the revised plan to the Board very soon.
LEGISLATIVE UPDATE
Mr. White called the Board' s attention to a new publication
entitled "Massachusetts Municipal Association Legislative Bulletin"
published by MMA, that provides very good information about what is
happening in the State House.
FY94 BUDGET DISCUSSION
Mr. Dailey asked if the Board could firm up its position on
several budget items tonight, since this would be the last meeting
before the election of a new Board, and the School Committee has
already voted its position.
Mrs. Smith said she preferred not to do this tonight since she
thought the Board should not be reaching any positions on an item
off-agenda without notification to the public that the Board is
taking a position.
Minutes for the Meeting of February 23, 1993 7
Mr. McSweeney favored taking a position on the Town Manager' s
recommended school budget this evening. He recommended restoring
$341 ,000 for the Fire Department-Ambulances, $12 ,000 to Human
Services and $72 ,000 to the Police Department for two police
officers. This would be accomplished by reallocating $425 ,000 from
the school budget.
Mr. Dailey moved to restore the $341 ,000 for Fire Department--
Ambulance, $10,000 for the Town' s share of the GEIR study, $12 ,000
to the Council on Aging budget, and $27,000 DPW Personal Services
line item with supporting funding, for a total of approximately
$400,000. Mr. McSweeney seconded the motion.
Mr. Marshall supported a reduction in the school budget of
approximately $428,000. He also supported the privatization of the
Ambulance Service. He would put his priority on restoring person-
nel and replacing equipment and leave it to Town Meeting to decide
on the privatization of the Ambulance Service. He said he would
support a motion to adopt a modified Town Manager' s budget that
removed $428 , 218 from the School Budget.
Mr. Dailey withdrew his previous motion and upon motion duly
made and seconded, it was voted 3-1 (Mrs. Smith voted in the
negative) :
That the Town Manager' s proposed School Budget be reduced by
$428, 218, and that those funds be reallocated to Town Services
for use to be determined at a later date by the newly consti-
!` tuted Board of Selectmen.
Mrs. Smith expressed her concern with this action and said
that taking this position without prior notice to the public will
badly hurt the Board' s credibility in the future.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 4-0 by roll
call vote: Mrs. Smith, Mr. Marshall, Mr. Dailey and Mr. McSweeney,
to go into executive session for discussion of matters of litiga-
tion, 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: 55 p.m.
A true record, Attest
, 141\.1c/- A°
Sara I . Peters
Executive Clerk