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HomeMy WebLinkAbout1993-02-BOS-min4 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. M SILENCF N M S C J C 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 g avel and the proposal to name the Lexington Bikeway in his honor. U Yv S S N - PLANNIN 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. WON C QUEBYA1112N . S I N N PIERCE 4 The Board reviewed a Memorandum from Conservation Admi n i s t ra-� for Marilyn Nordby, dated January 38 1993, requesting the approval of an attached Conservation Restriction at 81 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 C N N NDA COMIIITMKNTS Upon motion duly made and seconded, the following commitments: Commitment of water Charges - Jan. (additional commitments) Commitment of Sewer Charges - Jan. (additional commitments) AT MNS Upon motion duly made and seconded, the following abatements. 2 it was voted to approve 1993 $2 $4,554.94 1993 it was voted to approve Abatements: Water, Sewer & Demand -- 1/25/93 $3 Abatements: Water, Sewer & Demand - 1/37/93 $920.10 O NE --.. D - AY z LICEMFI Upon motion duly made and seconded it was voted to approve a One Day Liquor License requested by the Armenian Sisters Academy f or 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. THAEE 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 Hil.lcrest Avenue & Circle Road. HUDQET RFVI_W_ R E.QBEATI QN .. IHC & - CAPIT AL 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 $300,000 in FY95. 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. $am Minutes for the Meeting of February 1, 1993 3 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. L S Mr. White turned the meeting over to Transportation Advisory Committee Chairman Sava 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 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 f iscal 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. V N S N W N F H 1923 MNU" N N Upon motion duly made and seconded, it was voted to approve and sign the Warrant for the 1993 Annual Town Meeting. POM Minutes for the Meeting of February 1, 1993 4 A R ]R OINTMEN NC ON 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. P9LICY 12ISOMION v N !1E DISTIRIBUTI 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 Sery ices . 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 ;V 4V 1. gt� � Sara I. Peters Executive Clerk OPM 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 Buildinq; 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. CONSENT AGENDA COMMITMENTS Upon motion duly made and seconded, it was voted to approve the commitment of the following charges: Commitment of water Charges - Jars. 1993 $458.97 (final bills & additional commitments) Commitment of Sewer Charges -- Jan. 1993 $1, 029.9' (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, 19 9 3 , 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 - tionai Services (attached), effective April 1, 1993. AMBULANCE PRIVATIZATION SJUD Y 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* 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 OEM 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 S, 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 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 309 of the communities in Massachusetts currently receive EMS service from private companies, and over 45% of communities rationally 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. .r" 1( . -. � if y 3 Minutes for the Meeting of February S 1993 He directed the Board's attention to a "Report -` P t on the Recotn -» mendation to Privatize the Lexington Fire Department Ambulance Service ", prepared by the Officers and Firefighters fighters of the Lexing- ton Fire Department, which suggested other ue q scions for the Board's consideration, including* . Will one or two private ambulances be dedicated for Town use? Where located? Response times? Backups? Impact an fire fighting . ht i n � P g g service. Last year t s staff was re- duced to 11; this proposal would reduce the a staff to 9. What amount of supervision rvision the Town would have over a company private • Will the Town face enormous liability or a private company malpractice? Y s What type of ambulance attendants will the ` provide. private company • will the Town save money? Is not emergency medical services basic responsibility local government? of • Does privatization work in other communities - how weal. Mr. Donnelly concluded by y saying that Lexington has a fire departm ment it can be proud of today and citizens will expect the 1 continue to ex P 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 public and private ambulance services` and p ublic � why some towns have returned to P lc service after trying private ambulance services Chief Bergeron noted that not depend quality of ambulance service does p nd on whether the service is a public or a Private one, and added that Towns must set their own priorities f He added that private vendor may charge more, but will do w . whatever citizens decide they want in the way of ser Mr. McSweeney asked about the implications ` of increasing fees /rates. Mr. Dailey commented that he did not see it as a cast shifting issue only. He was also worried about the quality of services that would be provided. He added that he did think ultimately the cost of ambulan that nce service will probably not go down, but that the cost of the service will be paid by the citizens using the services rathe than the Town. Comments from firefighters pre sent included c private services can not g concerns that g ntee that ambulances will be avail - able and will be knowledgeable about Lexington . g Streets, that a lot of towns that started out paying only as contracted now have to a subsid1es* whether EMT certifications will to p ay be required; and ques- tions about what percentage of bills sent . are collectable. out by private companies Mr. Marshall thanked Mr. Dannelly, Mr. Brow ' Brown, Chief Bergeron and Town Manager white for the excellent presentation of informa- tion from them all, 3 N DAY LIQUOR LICE NSE 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 2 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 _ REMOVA ......... 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 EVENU 1 ST BYJ ION 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 which wo uld result in a school budget line item reduction to $30,030,047 from $30,458,888. 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 theme 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 $338,000 (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 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 Sara I. Peters Executive Clerk L.i Y' 'm Town of. Lexington Department of Inspectional Services Proposed Schedule of Permit Fees BUMDINGIINSPECTTON DEPARME T, Building, Plumbing, Wiring, Gas, Zoning Enforcement 1625 N ASSACIIUSEM AVENUE, LEX NGTON, NIA 02173 TELEPIIONE (617) 861 -2711 FAX (617) 863 -2350 The following fees were approved by the Board of Selectmen at their meeting on % �b and are effectiveammimcbe A e R-1 � �' � 0 1 0 ) 0 5 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 ten (10) working days (or as otherwise required by applicable code) after completion of words shall be assessed a fee of $20 per inspection, payable in advance. Any activity commenced without a permit, fees shall be tr i121 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 New Construction - (including additions, alterations, and repairs) - $1 000 valuation, minimum $30 Demolition - S 121S 1000 valuation of building, minimum fee $30 Signs - S63 100 valuation, minimum fee $30 Moving Structures - See Demolition Fee Separate permit required for new foundation, etc. Re- issuance of lost. Inspection Record Card or Permit - $30 Where a Certificate of Use /Occupancy is required, fee is included in permit price for all new work. Certificate of Use /Occupancy for Existing Structures - $30 Certificate of Inspections - Per State Building Code Microfilming Fee - In addition to any permit fee, an additional fee of $ 10.00 will be charged for any permit application which includes a plan submittal. ELECTRICAL PERNUTS $25 per $ 1000 valuation, or any portion thereof, up to the f rst $ 10,000 $10 per $ 1,000 valuation of electri cal work for that portion of valuation over $ 10,000 Minimum fee - $30 Maintenance Permit -- $ 150 annual fee per building, required for any business having a licensed electrician in their employ for maintenance purposes PLUMBING/GAS PERMITS Permit renewal - $30 per year Permit extension (for work which has not begun within 6 months of permit issuance) - $30 per 6 month extension If plan review by outside consultants is deemed necessary, the cost shall be paid for by the applicant, with no adjustment to permit fee. Zoning review - $500 A Zoning Review can be done at the request of the applicant who does not wish or is not ready to apply for a building permit. This fee will be credited towards the building permit fee if a permit is applied for within 5 months of the date of the review. This fee, as are all others, is non- refundable. Minimum fee for first fixture, appliance, or device - $30 Each additional fi xture, appliance, or device - $7 Exception - Sprinkler heads - per head $2, minimum fee S30 A minimum filing fee of $30 shall be charged for the first item on the permit, regardless of whether it is a plumbing or gas permit. The remaining fixtures, etc., if any, shall be tabulated at the above rate per item. For fee purposes, sprinkler connections, standpipes, hose connections, etc. shad be counted the same as fixtures (S5) 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. H N CQM FI D GEN RIC NVIRONMENT 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 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 PO. 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 them anticipated. • of February 23 x.993 Minutes for the Meeting e Board for Article 239 The residents asked the suppor l. t of the the Town appropriating ovide technical assistance o 1 $10 to Pr tal impact Report recently n to the Generic Env i ronmen in respondi g Hanscom Field. od undertaken by Massport at im ressed Board with the go members said they were very b them on behalf results achieved by the volunteer g rou p , and t of the Town* ded it was voted 3_0 to Upon motion duly made and sewn` �i in the Town Budget • � 3 and to insert a line �. em ending for support Artic toms share of HATS f o r0 ting $10,OOO as Lexington U pdate process. appr p nce to monitor the GEIR p technical. assists meeting and chaired the remainmo At this tiff , e Mrs* Smith ,� o fined the der of the meetings MINUTES ded it was voted to approve Upon motion duly made and secon t 11, 1993. Upo fi and • ary the minut es for the meetings of January MITT SIGNATIGNS it was voted to accept, . d made and seconded, Upon motion y of the following persons with regret, the resignations Adv isor y committee; Burgin -� Transportation Adv i r y * . Lynn Burg Services Comm1ttee, and Renee Cochin _ Human *S commission a l.stein -� Historical Isabella D. e H g AS MBLY GN BATTL GRE N ed it was voted to approve Upon motion duly made and sewn ' an the Battle Green D p ° circle to gather r e q uest of The Drumming . m , for approximate the 9. � April , 1.93 , at � 3o p 93, l �� t there would be consi P fo r E Day . h the hope a -� -- l f hours , with t one and one- the drums are played . er at ion for ne i.ghhorhood as B D REGULAT N 158- -B $ voted to approve SP cl made and seconded, it wa Upon motion duly e ts the following speed F R d Regulation # 158 -B whic s Special Epee g li on a portion of East Street. S'r STRE T EASTBGUN , s Street thence easterly on Beginning at a point 140 from Adam East Street: d 0.32 miles at 25 mph 0.84 �mi les at 3o mpr � an . town line, the total. distance Ending in at the Woburn Lexington being 1.48 miles. EAST S RE T W STBGUND town l ine , thence westerly Beginning at the Woburn Lexington on East Street. and 0.87 at 30 mph 0. miles at 35 mph a tal distance being 1.. o3 ;H Ending at iles . Adams Street , the to iS W B SS FUND US FUND th Eddison, dated i AQ K • d a letter from Mrs . El i za �' setting The Board reviewed Trustee of Public Trusts, 1 February , 1993, to Alan Fields, Minutes for the Meeting of February 23 , 1993 3 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 ". CO S N GEN COMM TMF TS Upon motion duly made and seconded it was voted to approve commitments of the following charges: Commitment of Water Charges - Feb. 1993 $123 (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 $3,378.85 QNE LIQUOR LICENSE Upon motion duly made and seconded, it was voted to approve 4 the application for a One Day Liquor License requested by St. Brid -- gid's Parish for March 8, 1993 PROC AM TI N "AMERICAN RE12 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 '' CH I. LD_._..ABUS E PREVENT ION 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 . .... REER, LEx I NG qN MINUTE_ MEN COMP�N 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 tines 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 X6:00 a.m. LITTLE LE AGUE OPENING AY P OG AM Upon motion duly wade 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 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/ recycIing 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 0:00 a.m. and no later than 7:00 a.m. of the day of collection, and empty containers should be removed within 12 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 8812700 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. 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 Minutes for the Meeting of February 23, 1993 6i 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 Univers 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 a 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. P ICE C IEF CRUITMENT -- PRQCE SS 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 'feathers Fair Housing Committee Wil Hays Police Manual. Committee Jason Berger Personnel Advisory Committee Mary Miley Former Selectmen �•• Steven Politi Former Selectmen Ann Scigliano Board of Appeals Donald Wilson Business Appointment N 1 W .- Minutes for the Meeting of February 23, 1993 Robert Hutchinson Former Town Manager, Registrar of Motor Vehicles, and current Asst. Secretary for Administration and Finance Susan Beck Town Resident Ralph Ganz Palmer do Dodge Julia Novak Staff Di 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 UPD TF 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 DISCUS SI N 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, 1 � Minutes for the Meeting of February 23, 1983 7 Mr. McSweeney favored taping 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 Fare 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. Marshal., 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 Sara I. Peters Executive Clerk