HomeMy WebLinkAbout1993-03-BOS-minSELECTMEN'S MEETING
March 1, 1993
A regular meeting of the Board of Selectmen was held on
Monday, March 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; Mrs.
Novak, Assistant Town Manager; and Mrs. Peters, Executive Clerk,
were present.
MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the meeting of Wednesday, January 20, 1993.
PERMI SIGN TO USE MINUTE MAN BIKEWAY
The Board discussed a request from the American Diabetes
Association to use the Minute Man Bikeway in Lexington for part
of its WALKTOBERFEST 1993. The Board thought this was an appro-
priate use for the Bikeway, and agreed, subject to consultation
by the sponsors of the walk- a-thon with the Lexington Commuter
Bikeway Committee for the Committee's recommendations, to grant
permission to the American Diabetes Association, Inc. to use the
Lexington Bikeway for a portion of its 10 mile annual walk-a -thon
on October 3, 1993.
SEL C M N'S MEETING SCHEDULE FOR APRIL
Upon motion duly made and seconded, it was voted to schedule
meetings in April for the following dates and times in the
Selectmen's Meeting Room.
'Wednesday
April
7,
1993 -
7:00
p.m.,
Monday
April
12,
1993
7.940
p.m.,
Wednesday
April
14,
1993
- 7 .900
p.m.,
Monday
April
26,
1993
- 7:04
p.m., and
Wednesday
April
28,
1993
-- 7 .900
p.m.,
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded,
commitment of the following charges:
Commitment of Water Charges -- Feb.
(final bills)
it was voted to approve
1993 $127.73
Commitment of sewer Charges - Feb. 1993 $282.47
(final bills acct, 0100288800)
APP INTMENT
Upon motion duly made and seconded, it was voted to approve
the appointment of Robert F. Hatem, Manager of Customer Rela-
tions, Raytheon Co. to serve as a consultant on the Town Celebra-
tions Committee's World War II Commemorative Community Program.
Minutes for the Meeting of March 1, 1993
ONE DAB LI Uo LICENSE
Upon motion duly made and seconded, it was voted to approve
three (3) one Day Liquor licenses requested by the Lexington BPo
Elks #2204 for March 7, 26, and 27, 1993.
i�
VERSAILLES RESTAURANT SIDEWALK SE VICE
Mr. white reported there had been no problems with the
restaurant's sidewalk service in the past year. He recommended
they again be granted permission to serve food and alcoholic
beverages at tables outside on the sidewalk in front of the
restaurant, from May 1, 1993 through September 30, 1993, with the
following restrictions, unchanged from last year:
1) furniture out no earlier than 11:00 a.m., and no party
to be served after 11:90 p.m.
2) no more than four to five tables with umbrellas and 16
to 20 chairs may be placed outside.
3 ) serving of meals, coffee, dessert and alcoholic bever-
ages; for every seat used outside, one seat may not be
used inside.
4) tables and chairs must be set so as not to obstruct
pedestrian traffic.
5) the rental of the outdoor space will continue to be
$200 per month,
6) one million dollars insurance shall be held for l iquor
liabili
7) tables must be cleared immediately when unoccupied.
Upon motion duly made and seconded it was voted to grant a
sidewalk permit to serve food at tables outside the Versailles
Restaurant, subject to the conditions listed above.
POLICE CHIEF EXAM FROG SS -- DF L TTER
The Board reviewed a letter, dated February 24, 1993, from
Marc W. Chavanne, Deputy Director, Selection and Validation Group
of the Massachusetts Department of Personnel Administration,
which was sent to Eva Heney, Lexington Minuteman and copied to
Mr. white, which responded to an article in the February 18, 1993
edition of the Minuteman.
Mr. Chavanne had previously said, in response to questions
by phone from Town officials, that he felt it was probably too
late to begin the planning process for having a weighted and
graded assessment center for this year's examination cycle.
In his letter, responding to questions from Ms. Heney as to
whether it was possible, Mr. Chavanne said it was technically
possible, but only under a set of "fast track" circumstances
including the contracting out of the operation to a reputable and
qualified consultant. His letter concluded that the Mass. Dept,
of Personnel Administration grants significant discretion to the
appointing authority with regard to the process, which they
oversee, but they do not dictate the method or approach.
Mr. white said he hoped the letter answered any questions
the Board may have had on the Police Chief examination process.
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Minutes for the Meeting of March 1, 1993 3
FY93 BUDGET UPDATE
Mr. White reported on the status of needs for the Reserve
Fund, and said that it appeared that police, fire, legal and snow
and ice accounts are or will be out of balance. Mr. white said
that at this time it appears that the budget is approximately
$221,000 out of budget, but this may change, and he will keep the
Board informed on a regular basis.
SELECT EN_'.S ORIENTATION PACKAGE
Mr. White described the orientation package that will be
presented at next Monday's meeting. He read the package's Table
of Contents, and asked the Board to let him know if there was
additional information the Board thought would be helpful to
include for the newly elected selectmen.
INTRODUCTION OF THE N EW_ PARK -AND TREES SUPER I NTENDEN
Mr. White introduced Brian Gilbert, who is Lexington's new
Park and Trees Superintendent, giving some of his qualifications
and background education and experience.
On behalf of the Board, Mr. Marshall welcomed Mr. Gilbert,
FAREWELL TO AUL M RSHAL
Mr. Dailey commented that it was extraordinary that he, Mrs
Smith, Mr. McSweeney, Mr. Eddison. and Mr. Marshall had been
together as a Board for a minimum of seven years, and he thought
that they all should be very proud of this, since it did show the
voters' confidence in them, as a Board in difficult times. Mr.
Dailey added that Mr. Marshall has been a wonderful spokesman for
the Board, and that he was very proud to serve as his colleague.
Mr. Dailey concluded by saying that as a Board they had enjoyed
each other's company; there has been good humor and no rancor;
and that this has often been due to Mr. Marshall's approach to
many sensitive issues. He expressed appreciation on behalf of
the Board.
Mr. Dailey presented Mr. Marshall with a gavel inscribed
with his name and his years of service as a Lexington Selectmen.
Mr. McSweeney added his concurrence to all of Mr. Dailey's
comments and his thanks to Mr. Marshall for all the help and
friendship he has received from him. He said that he hoped in
the next two years of his term he can make an impact and do half
as well as Mr. Marshall and Mr. Eddison have done, as Selectmen.
Mr. Marshall thanked the Board for the gavel, and noted that
the one piece of advice he would like to pass on to future Board
members was to laugh a lot and at yourself more often than anyone
else. He added that the thing he appreciated most about serving
on this Board was that even though they did not always agree on
many important issues, there was always humor and good spirits
and the ability not to get personal in any difficult discussions.
„■" He said he will miss the camaraderie of the Board, but not the
long and numerous meetings.
Mr. white said when the staff had been considering how to
express its appreciation to Mr. Marshall, he had remembered how
Mr. Marshall had directed that an American flag, flown over the
Lexington Green be given to a, returning Lexington soldier, and
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Minutes for the Meeting of March 1, 1993 4
Mr. white thought that this was probably the biggest compliment
anyone could give a Lexington resident.
Mr. white invited Mr. Spiers, on behalf of the staff, to
present Mr. Marshall with an American flag, that had flown today
over the Lexington Green, in honor his many years of service to
the Town, and to express the appreciation of the staff,.
Mr. Spiers said he was reluctant at first to present the
flag to Mr. Marshall, but when he thought about what Mr. Marshall
had meant to Public works and the staff, and how Mr. Marshall had
supported them, particularly in the last few difficult years, he
changed his mind. Mr. Spiers added that Mr. Marshall had also
served as a personal source of inspiration and encouragement to
him, for which he was deeply grateful.
Mr. Marshall said that he thought Lexington was served well
by its Board of Selectmen and that they did not get enough credit
or enough money, but should get some recognition. He added that
Mr. Spiers over the past five years as Director of Public works,
exemplified someone that has taken a job, expanded it and made it
much more than Mr. Marshall ever expected could be done with it,
and said he was glad it was Mr. Spiers who had given him the
flag.
Mr. white said the last thing everyone wanted to give Mr.
Marshall was their applause. He said all appreciated Mr. Mar-
shall's tremendous sense of humor; his quick wit; his willingness
and ability to see the good in every staff proposal that has ever
been made, and to take on difficult and complex issues and make
them simple and straight forward.
All present stood and gave Mr. Marshall a solid round of
applause. Mr. Marshall said he was glad he had put his name
forward to run as Selectmen, glad that he got elected and glad
that he was now retiring. He thought that more people should do
the same thing and serve their Town for awhile.
EXECUTIVE SESSION
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 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 8 :12 p.m.
A true record, Attest
Sara I. Peters
Executive Clerk
SELECTMEN'S MEETING
March 8, 1993
A regular meeting of the Board of Selectmen was held on
Monday, March 8, 1993, in the Selectmen's Meeting Room, Town Office
Building, at 8:p.m. Acting Chairman Dailey, Mr. McSweeney, Mr.
Busa; Mr Cohen, Town Counsel; Mr. white, Town Manager, Mrs. Novak,
Assistant Town Manager; and Mrs. Peters, Executive Clerk, were
present. Mr. Fenn joined the Board at approximately 8:20 p.m.
during the Executive Session.
MINUTES
Upon motion duly made and seconded it was voted to approve
the minutes for the meeting of February 1, 1993
CONSENT AgENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitment of the following charges
Commitment of water Charges - March 1993 $78,919.45
(cycle 9 bills)
ABATEMENTS
Upon motion duly made and seconded, it was voted, to approve
the following abatements;
Abatements: water & Sewer - 2-- 33--93 $3 , 03 7 .57
ONE DAY .LIQUOR _LICENSE
Upon motion duly made and seconded, it was voted to approve
a One Day Liquor License requested by the Lexington Montessori
School, Inc. for March 27, 1993
LIM OVS1NE LICENSE
Upon motion duly made and seconded, it was voted to approve
the application for a Limousine License requested by Orient
Express Airport Rental Service, Inc. to provide limousine service
to and from Logan Airport,
MASS. HIGHWAY CHAPTER 90 PROJECT REQUEST
The Board reviewed a memo, dated 3/
Frank Fields about Chapter 90 funding to
under Contract 93 -1.
Upon motion duly made and seconded,
Mass. Highway Chapter 90 Project Request
once to Contract 93 -1.
NESWC
_.# 34664
26/93, f rom Town Engineer
resurface Town Streets
it was voted to endorse
# 34884 forms in refer-
Mr. white reported that Governor weld has signed the NESWC
legislation that allows communities to borrow to pay for the
recent arbitration award to Mass. Refusetech. Lexington's share
of the arbitration award is $443,375. Mr. White also reported
Minutes for the Meeting of March 8, 1993 2
that during the arbitration process, NESWC discovered that the
facility was under designed and it is expected that NESWC will
file suit regarding this issue against MRI soon.
Upon motion duly made and seconded, it was voted.
that the Treasurer is authorized to borrow $445,000 and issue
bonds or notes therefore under Section 2 of Chapter 14 of the
Acts of 1993 to finance the payments, including interest thereon,
that the town is required to make under an arbitration award
granted to Massachusetts Refusetech, Inc.
EXECUTIVE SESSION - ...LITIGATION
At 8;10 upon motion duly made and seconded, it was voted
3--0 by roll call vote: Mr. Dailey, Mr. McSweeney, and Mr. Busa
to go into executive session for discussion of matters of litiga-
tion, the disclosure of which might adversely affect the inter-
ests of the town with intent to resume open session. Mr. Fenn
joined the Board in Executive Session at approximately 8:20 p.m.
At 8:50 p.m. it was voted to return to open session.
REORGANIZATIO _ _ OF THE BOARD
nominations closed.
Upon motion duly made and seconded, it was voted unanimously
to elect William Dailey Chairman of the Board of Selectmen.
Mr. Dailey commented on the outstanding job Mrs. Smith has
done as Chairman for the past several years. He added that her
leadership has been extraordinary, and said that he hoped he
could continue in the traditions established by former Board
Chairmen Jacquelyn Smith, Jack Eddison and Paul Marshall,
Executive Clerk Peters announced that a letter of resigna-
tion as Chairman of the Board has been received from Jacquelyn R.
Smith. Mrs. Peters called for nominations for Chairman of the
Board. Mr. Dailey was nominated.
No other nominations were made and Mrs. Peters declared the
BUDGET DISCUSSION WITH THE SCHOOL COMMITTEE CAPITAL EXPENDITURES
COMMITTEE AND THE APPROPRIATION COMMITTEE
Mr. Dailey noted that the Town Manager's budget submitted in
early January basically divided available new funds (1.9 million)
between the municipal and school sides of Town government by
allocating $1.6 million to the schools and $300,000 to municipal
government. To balance the municipal budget, the Town Manager
proposed the privatization of the ambulance service.
Mr. Dailey reported that early on, a majority of the Board
said it was uncomfortable with this division of the available
funds, and that at its February 23, 1993 meeting the Selectmen
voted: to reduce the Town Manager's proposed School Budget by
$428,000, and reallocate these funds to Town Services for use to
be determined at a later date by the newly constituted Board of
Selectmen. Mr. Dailey added that this action by the Board estab-
lished the split of available funds at approximately 61% for the
Schools and 396 for Town Services, but did not give an indication
of how this $428,000 would be used. A meeting was held among Mr.
Minutes for the Meeting of March 8, 1333 3
Dailey and Mr. Marshall, the Town Manager, two members of the
School Committee and School Superintendent Young to discuss this.
Mr. Dailey suggested that the new Board discuss the list
prepared by Mr. White entitled "SELECTMEN'S BUDGET ISSUE" that
lists the cost of various Town. Services, for a total of 1.3
million dollars, in order to prioritize which services the Board
may wish to fund with the $428,000. He invited the Town Manager
to review the list with the Board.
Mr. White reported that it did not appear the $500,000
recommended for the Assessor's Overlay would be required since
the volume of requests for abatements were less than anticipated
in this reevaluation period. He explained that putting back two
policemen 0 $72,000 would restore 4- sector patrol service from
midnight to 8:00 a.m., and also explained the items under Capi_
tal: which would pave Mass. Avenue (132,000 ), when combined with
$540,000 Chapter 90 funds, and fund the purchase of some badly
needed DPW Equipment (173,000).
Mr. White said that the addition of $20,000 to the Library
Budget would enable them to make some postponed book and informa-
tional material purchases, but that they had indicated they could
postpone these purchases. He reported that LEXPRESS had request-
ed $8,000 to make one of the four buses handicapped accessible;
the Council on Aging; Services for Youth had requested $4,000 for
Replace and $8,000 for the Senior Monitoring Program; and, not on
the list but requested under Article 23, funds to provide techni-
cal assistance for the review of the Generic Environmental Impact
Report on Hanscom in the amount of $10,000, which is Lexington's
share of the $40,000 Gaming from the four HATS towns.
Comments from the Board focussed on whether or not to
privatize the ambulance service. Mr. McSweeney proposed that
$341,000 of the $428,000 be allocated to restore funding for the
ambulance service, $12,000 for Replace and the Senior Monitoring
Service, $10,000 to fund Lexington's share of the HATS /GEIR
nonitoring, leaving approximately $55,000 which he recommended be
placed in the DPW budget to purchase badly needed equipment.
In response to a question from Mr. Fenn, asking if ambulance
fees could be increased, Mr. White said that this was being
considered. Mr. Fenn commented that he had not heard a ground
swell in favor of the privatization of the ambulance service.
Mr. Busa said he agreed with not privatizing the ambulance
service, and with providing additional funding for Replace,
Senior Monitoring and the town's share of HATS funding. He
proposed that the remainder of the funds to be returned to the
Police Budget. Mr, Dailey agreed with Mr. McSweeney's recom-
mendations.
Upon motion duly made and seconded it was voted to allocate
341,000 of the $428,000 to restore funding for the ambulance
service; $12 for Replace and the Senior Monitoring Service;
and allocate $10,000 to fund Lexington's share of the HATS /GEIR
monitoring; and to recommend that any remaining funds be placed
in the DPW budget for the purchase of equipment.
Minutes for the Meeting of March 8, 1993 4
Mr. Dailey said that the vote was unanimous and that the
Board now had a position, He added that he hoped budget discus-
sions would continue with the School Committee, the Appropriation
Committee and the capital Expenditures committee so that there
will be agreement on a single budget to present at Town Meeting.
Mr. Dailey invited School committee chairman John Ober -
teuffer and members Al Zabin and Joseph Dini to discuss the
position of the School Committee. Mr. Oberteuffer responded that
the School committee has not met since the Selectmen's February
23 vote, so they were not prepared to respond in detail. He said
that they have looked at contingency budgets showing a reduction
of $428,000 and they felt that reducing the budget by this amount
will seriously affect class sizes and result in program cuts.
Mr. McSweeney spoke of investigating possible consolidation
of services within schools and municipal services, and asked that
the Town Manager and the School Superintendent examine ways to
eliminate duplication of services, where possible.
Mr. Zabin said that the reality is that there are going to
be some sacrifices in quality if cuts of $428,000 are made.
Mr. Dailey said he thought that if anticipated state funding
were included, the School Budget was about $200,000 short of what
the School Superintendent has requested. He also wondered if
health contracts could examined for ways to prevent them from
�•• rising excessively. Mr. Oberteuffer commented that it needs the
accord of all bargaining groups in Town to renegotiate health
care contracts,
Appropriation Chairman George Burnell said that the Appropr-
iation Committee is dissatisfied with efforts to control. Health
Care costs, and will propose an amendment at Town Meeting to
reduce funding for health care by $400,000, putting this amount
into the Reserve fund as an impetus for the Town to take prompt
action on rising health care expenses.
In response to a question from Mr. Dailey as to how $400,000
could be saved, Mr. Burnell said it would require all parties to
come to the table now and reopen negotiations.
Capital Expenditures Committee chairman Paul Hamburger said
that the Committee supported the DPW's equipment acquisition
requests as being long overdue, since there has been no funding
for DPW equipment for the past two or three years.
Deborah Edmiston, 12 Loring Road, read a letter she had sent
to the Lexington Minute Man, urging citizens to put concerns
about past school financial problems behind thew and consider the
financial needs of the schools today. She urged the Board to
consider what its reduction in the Town Manager's budget will
mean to the schools.
Bruce Collier, Barberry Road, had comments and questions
about whether there would be one budget that has been agreed to
�,.. by both the school and municipal sides of Town government. He
also questioned the validity of the 819 school portion / 399
municipal division of available funds.
Peter Enrich., TMMA chairman, expressed hopes for an orderly
Town Meeting; questioned the Board's decision process; and hoped
Minutes for the Meeting of March 8, 1993
�i
there would be agreement so that one Town budget would be pre-
sented to Town Meeting.
Mr. Dailey commented that the Board will make a maximum
effort to come to accord with the School Committee.
Mrs. Battin noted that the Town can not exceed the provi-
sions of Proposition 2 1/2, and must present a balanced budget to
Town Meeting.
Linda Horowitz, 123 Blake Road, had questions about how
enterprise funds affected Town budgets.
Appropriation Committee chairman Burnell noted that the
Committee had voted 7--1 to support privatization of the ambulance
service. He also discussed problems the Town will have if all
anticipated state funds do not become available.
Mr. Dailey concluded by saying the Board is looking forward
to meeting with School Committee to reach accord before Town
Meeting.
ORIENTATION PACKAGE
Mr. White discussed the Board of Selectmen Orientation
Guide, and noted that for the first time there is a summary of
information about the roles and responsibilities of Town offi-
cials, applicable laws and procedures, town services and opera-
tions, operating and capital budgets, personnel and published
resource materials, all in one package. He hoped having the
information in written form and in one place will assist offi-
cials to find the answers on specific topics with a minimum of
effort.
COMMITTEE ASSIGNMENTS
Mr. white reported that the turnover of members on the Board
of Selectmen will require some tem porary committee liaison
assignments until the Board can make permanent assignments during
its goal setting meeting which is usually held in late June or
early July. He noted that assignments that need some immediate
attention are HATS and LexHAB, adding that Fair Housing, the
Minute Man Commuter Bikeway Committee and the Design Advisory
Committee can wait if the Board wishes.
Mr. Fenn agreed to serve as Lexington's Selectman represen-
tative on HATS. Mr. McSweeney agreed to serve as Selectman
liaison to LexHAB,
Wendy Reasonberg, speaking on behalf of the Minute Man
Commuter Bikeway Committee, urged that the Board appoint a
Selectman to chair the Committee as is required by its charge.
She added that Bikeway construction has been almost completed,
and the attention and the authority of a Selectman, especially in
dealing with the State, is needed to ensure that the work is
completed according to the approved plans and specifications.
Minutes for the Meeting of March S, 1993
Mr. Busa agreed to serve as Minute Man Commuter Bikeway
Committee Chairman, with staff support provided by the Town
Manager and the Town Engineer.
Upon motion duly made and seconded, it was voted to adjourn
at 10:50 p.m.
A true record, Attest:
Sara I. Peters
Executive Clerk
SELECTMEN'S MEETING
March 15, 1993
A regular meeting of the Board of Selectmen was held on
Monday, March 15, 1993, in the Selectmen's Meeting Roam, Town
Office Building, at 7*30 p.m. Chairman Dailey, Mr. McSweeney, Mr.
Busa, Mr. Fenn; Mr white, Town Manager, Mrs. Novak, Assistant Town
Manager; and Mrs. Peters, Executive Clerk, were present.
CAPITAL EXPENDITURES COMMITTEE
Chairman of the Capital Expenditures Committee Paul Hamburger
began the Committee's recommendations on the FY94 Budget, by noting
that the Committee believed its assessment of Capital requirements
were balanced against the Town's financial condition, both long and
short term.
Mr. Hamburger said that the Committee believes it has firm
commitments from the Town Manager and the School Administration to
compile capital inventories for both the School and Municipal parts
of the Capital stock, and that they have begun to do so. Such an
inventory would include the values, age and condition of all
buildings, their depreciation rates, and an assessment of how much
money per year on average should be spent to keep the infrastruc-
ture of Town property in proper condition. He identified two
buildings that are in need of major work, the Public works Barn and
the Main Fire House.
Mr. Hamburger reported that the Committee supports the three
parts of the study proposed under Article 20; a) school buildings,
b) municipal buildings, and c) specifications for joint fire /police
dispatch. He added that the Committee also supports the provision
of funding for the replacement of defective water and sewer pipes,
and that members agreed that Chapter 90 funds of $500,000 for road
resurfacing is not enough, but can relieve the most urgent cases,
as long as a greater commitment is made next year to prevent
serious deterioration of Lexington roads.
Mr. Hamburger noted that the DPW truck fleet has not been
funded now for two years and recommended that $173,000 be taken
from the tax levy in addition. to $80,000 from the water and Sewer
enterprise funds.
Relating to'the Recreation issues, Mr. Hamburger reported that
the Committee supports passage of Articles 15, 16 and the indef i-
nite postponement of Article 18.
Mr. Hamburger concluded by saying that in addition to support-
ing the study proposed under Article 20, the Committee also sup-
ported the minimum necessary School capital funding under Article
19 for FY94, much of which is tied to the necessary opening of
Hastings School for the 1994 -95 school year. The Committee also
�•• agreed that this funding could be bonded.
Mr. Dailey thanked Mr. Hamburger for his most comprehensive
report The Board had questions about an inventory of the condi-
tions of school and municipal buildings; the Recreation, School and
the Public works Department budgets; and questions about combining
School and Municipal purchasing procedures.
Minutes for the Meeting of March 15, 1993
LOCAL REDISTRICTING
Town Clerk Bernice Fallick presented another plan for the
redrawing of the Towns precinct lines that conforms to State
requirements. She reported that a plan must be approved by March
18, 1993, or the Secretary of State will adopt a plan for Lexing-
ton. She noted that the new precinct boundaries have been redrawn
to minimize the number of changes.
Upon motion duly made and seconded, it was voted to approve
the redistricting plan for the Town of Lexington as presented by
Mrs. Fallick .
EXECUTIVE SESSION MINUTES
Upon motion duly made and seconded, it was voted to approve
the Minutes for the Executive Session held on February 1, 1993.
K
REAPPOINTMENTS
Upon motion duly made and seconded, it was voted to reappoint:
a. Town Counsel Norman Cohen, for one year term expiring
3/31/94;
b, Executive Clerk Sara Peters, for one year term expiring
3/31/94; and
c. Registrar of Voters Luanna E. Devenis, for a three
year term expiring 3/31/98
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitment of the following Charges.
Commitment of water Charges - March 1993 $336.05
(final bills)
Commitment of Sewer Charges -- March 1993 $839.44
(final bills)
COMMITMENT OF STREET OPENING PERMITS
Upon motion duly made and seconded, it was voted to approve
commitment of the following Street opening Permits:
Commitment of Street Opening Permits -- 1/31/93 $350900
Commitment of Street Opening Permits - 2/28/93 $135.00
USE OF BATTLE GREEN
Upon motion duly made and seconded, it was voted to grant
permission to the First Baptist Church, 1580 Massachusetts Avenue,
to use the Battle Green for an Easter Sunrise Service, Sunday April
11, 1993 f rom 0:30 a.m. to 7 :15 a. approx
LEXHAB INFORMATIONAL MEETING ON PHILIP ROAD AFFORDABLE HOUSING
Mr. Dailey invited LexHAB Chairman Marshall Derby to present
�••• LexHAB's proposal to build two affordable homes on Philip Road.
Mr. Derby gave a brief history of the land, part of which was an
unused portion of the Bowman School site and part which was taken
for non - payment of taxes in 1933. He also briefly described how
LexHAB operates for the benefit of area residents attending the
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Minutes for the Meeting of March 15, 1993
3
meeting. He noted that these homes will be LexHAB owned and
supervised and explained that Minute Men Vocational Tech students
will do the actual construction work under the general supervision
of the Lexington Rotary Club, with LexHAB providing the funding.
Assistant Town Engineer Sam Sleiman presented an overview of
the engineering, zoning and environmental issues relating to the
project. In response to questions from the Board concerning
wetlands, Mr. Sleiman said that the Conservation Commission had
been consulted and was not concerned. Questions were also raised
about one lot having only 86 feet of frontage, and Mr. Sleiman said
that a determination would have to be made by the Building Commis-
sioner as to whether the lot was g randf athe red and therefore legal,
and if this were not the case, legal frontage could be measured
along Moreland Street, since this lot is located on the corner of
Philip Road and Moreland Street. He also explained that Article 40
would transfer the control of the vacant lot along Philip Road no
longer needed by the School Department to the Board of Selectmen
under whose jurisdiction LexHAB operates.
Mr. Dailey said that following Town Meeting, and if Article 20
passes, a formal vote will be taken by the Board. Mr. White said
that abuttors will be formally notified prior to this.
Questions and comments from residents in the audience focussed
on what criteria the Selectmen used to approve the group home on
Waltham Street - Mr. Bailey discussed the Town's inventory of lots
which has been compiled and Mr. Derby said there were no written
criteria, perhaps housing need and income levels would be some of
the criteria. He added that it was expected the homes would be
rented to single families. Also questioned was having two scat-
tered sites so close together considering there is one in the
neighborhood already. Several neighbors also said there is stand-
ing water most of the year on the sites and they did not see how
someone could build homes there.
Mr. Derby said that there will be no construction if it is
found to be too wet there; that Article 20 must pass transferring
jurisdiction of the land to the Board of Selectmen; and the Conser-
vation Commission must approve the land as suitable for construc-
tion, Mr. Dailey said that following Town Meeting, and passage of
Article 20, a formal vote will be taken by the Board of Selectmen.
Mr. Dailey thanked everyone for coming and said that before
any definitive action is taken, there will be another meeting of
the Board of Selectmen where Mr. Derby and Mr. Sleiman will present
a final report on the two sites. He added that prior to the
meeting the Board will try to disseminate any information as it
comes to the Board and asked that residents not hesitate to call
the Engineering Department or Mr. Derby so they will be informed
before the Board meets again on this matter, probably in the
summer.
wr•
Mr. Derby asked if LexHAB could meet with the Board for
further discussion in May rather than summer, as suggested. The
Board agreed to this request.
Pm
Minutes for the Meeting of March 15, 1993
4
HUMAN SERVICES BUDGET
Mr. Dailey reported that concerned has been expressed as to
whether the correct amount. as approved by the Selectmen is '
being
carried for approval of the Human Services budget at Town Meeting.
Mr. Bailey asked Town Manager white whether the Board had fin
approved $54,000 or $71,000. Mr. white thought the Board had
approved $04,000 as proposed by the Town Manager, and that an
additional $4,000 was added to fund a new service for battered
women in the RePlace budget, bringing the Selectmen a roved total
1
Human Services budget to approximately $68,000. Mr. white added
that apparently RePlace thought the additional $4,000 had b
added to the $68,000 bringing the total ' been
g to approximately $72,000,
The Board agreed that the Selectmen's recommendation for the
Human Services budget was $67, The Board also agreed to
g delay
final action on this decision until next Monde evening w
Monday � hen Mrs.
Hooper can also be present.
CHAPTER 90 ALLOTMENT
Upon motion duly made and seconded it was voted to sign
a Chapter 90 Memorandum of Agreement g
g meat in order for the Town to
receive up to $445,801 in Chapter 90 reimbursements.
SELECTMEN ARTICLE ASSIGNMENTS
Mr. White noted that he has provided of Article assignments
for the Selectmen at Town Meeting, g
g, and asked that Board members let
him know if there are any difficulties with the assignments,
S ts.
EXECUTIVE S ESSION
Upon motion duly made and seconded, it was voted 4-0 b roll
� BuSa
call vote: Mr. Dailey, Mr. McSweeney Mr. y
� Mr Fenn t go
into executive session for discussion of matters of liti
the disclosure of which mig on,
ght 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
10:30 P .m. rn at
A true record, Attest
944,,4 PI&
Sara I. Peters
Executive Clerk,
SELECTMEN'S MEETING
MARCH 22, 1993
EXECUTIVE SESSION - Planning Board
At 7:33 p.m., upon motion duly made and seconded, it was
voted 4-0 by roll call vote: Mr. Dailey, Mrs Smith, Mr. McSwee-
ney and Mr. Busa; to go into executive session for discussion of
matters of litigation, the disclosure of which might adversely
affect the interests of the town with the intent to return to
open session.
Open session resumed at 8:19 p.m.
METROPOLITAN STATE UPDATE
Mr. McSweeney presented some history of the Metropolitan.
State Hospital closing, and what has been happening since then.
He reported that Lexington, Belmont and Waltham had appointed
members to a task force to examine alternative uses for the
hospital and land. He said that the task force has been meeting
regularly since last June, and that last fall the three towns
applied for and received a Municipal Incentive Grant for $36,500,
and that MAPC is working full time on a study of reuse options
for the site.
Mr. McSweeney also reported that on December 8, 1992, the
Lexington Task Force presented its report in which it stated its
goals and objectives to the Board, and following its approval,
transmitted the report to Waltham, Belmont and the state.
Mr. McSweeney said since December, the process has been on-
going, and he discussed three reuse scenarios currently under
consideration: Housing Residential /Medical; and Institutional;
as well as a proposal from MDC.
In response to questions Mr. McSweeney said reuse of build-
ings for housing, elder care and medical uses is being discussed.
APPROPRIATION COMMITTEE'S POSITION ON TOWN MEETING ARTICLES
Mr. Dailey invited Appropriation Committee Chairman George
Burnell, to present the Committee's position on articles for Town
Meeting, and said he hoped that later there would be discussion
of the $182,000 shortfall facing the municipal town government.
Mr. Dailey also reported that accord has been reached with the
School Department, so that there will be one agreed -upon budget
before Town Meeting this year.
Mr. Burnell said that the Appropriation Committee will
likely support this budget, as presented. He gave the Appro-
priation Committee report, and said he wished to brief the Board
on several key issues that seriously impact the budget:
l) rising health insurance costs -- Mr. Burnell reported that
the Committee planned to ask Town Meeting to amend the budget by
transferring $400,000 from the operating budget to the Reserve
Fund to deal with this;
2) increasing school enrollment, with the need then for more
teachers, and staff; and
a
Minutes for the Meeting of March 22, 1993 2
3) wage, salaries negotiations - the committee recommended
that all negotiations be done jointly with the Schools and the
municipal government, with the Town Manager taking part in the
negotiations.
With respect to Committee recommendations on Warrant Arti-
cles, Mr. Burnell reported that:
1)) the Committee was split 50/50 on the privatization of
the Ambulance Service;
2) there was unanimous support for the joint dispatch
center;
3) the committee supported additional funding for RePlace;
4) under Article 9, it supported taking $80,000 from water
and sewer enterprise revenues for a front end loader, and did not
support taking $173,000 from the tax levy for other expenditures;
5) under Article 10, it supported using $500.000 from
anticipated Chapter 90 funds, and did not support taking $132,000
from the tax levy for other expenditures;
0} under Article 20, it supported the appropriation of
$200,000 for a facilities study of both school and municipal
buildings, only if the study is conducted on a long range basis
with all school and municipal buildings included in the study;
7) under Article 22, the committee noted that no funds have
been recommended for last year or for this year and the Committee
is uncomfortable with this.
Mr. Burnell concluded by saying that the Committee did not
like the practice of tapping the underfunded reserve fund for
overruns in legal expenses each year, and recommended that either
more funding for legal expenses be budgeted, or legal expenses be
reduced.
Mr.Dailey noted that if the $450,000 in anticipated State
Aid funding does not materialize, neither the schools or the
municipal government will be able to absorb this loss, and the
Selectmen will be calling for a Special Town Meeting to balance
the budget. He added it has been agreed that if the anticipated
$230,000 in additional state aid expected by the schools does not
materialize, both the schools and the municipal government hope
to be able to absorb this shortfall without a Special Town
Meeting.
Comments from the Board included appreciation for Mr. Bur -
nell's report, and a request that potential duplication of
various services by the schools and the Town, such as transporta-
tion within the Town, purchasing, payroll and building mainte-
nance be examined for possible savings.
Mr. White reported that the Transportation Advisory Commit-
tee is preparing a letter to the schools and town government
asking for representatives to look at ways to reduce town wade
transportation expenses.
•■•► Conservation commission Chairman Joyce Miller reported that
the commission is awaiting the completion of the Brook Cleaning
Study before discussing funding.
Mr. Dailey expressed the Board's appreciation to the Appro -
priation Committee for presenting its excellent budget report.
Minutes for the Meeting of March 22, 1993 3
HUMAN SERVICE BUDGET
Donna Hooper, Chairman of the Human Service Committee;
Stephen Baran, Staff Liaison; Judith Zabin, President of RePlace;
and William Blout, Executive Director of RePlace joined the Board
for a continuation of a discussion of the Human services Budget
begun at the Board's March 15, 1993 meeting.
The discussion focussed on ensuring the provision of enough
funding for the new Violence Prevention program under RePlace and
for expansion of the Peer Leadership Programs in the schools.
Mr. White noted that the Town Manager's recommended $
budget for Human Services, did not identify and provide any
funding for these two programs; the Committee then requested
$67,840 to include funding for these programs; and last week
RePlace had made a presentation arguing that $71,542 was needed
to provide level funding for RePlace and to fund the new Violence
Prevention program.
Mrs. Hooper explained how the Human services budget had been
prepared; that all its services' needs had been considered; that
it expected that a budget of $67,840 would provide sufficient
funding for the new programs; and a budget of $67,840 was recom-
mended by the Committee at this time.
Upon motion duly made and seconded, it was voted to approve
a budget of $67,840 for the Human Services Budget.
ACCEPT GIFT OF $10.000
Mr. White asked that the Board vote to receive a gift of
$10,000 from the estate of Jack Eddison, presented by Mrs. Betty
Eddison, and that a special Selectmen's gift account be estab-
lished for these funds to be used for the beautification of Depot
Square.
Mr. Dailey told Mrs. Eddison that this was a very special
matter for all members of the Board because the contributions
Jack Eddison already made to the Town were extraordinary and this
gift was most appreciated He added that this gift would be used
as well as possible in a spot that was special to Jack's heart.
Upon motion duly made and seconded, it was voted to accept,
on behalf of the Town, the gift of $10,000 from the estate of Mr.
Eddison for the beautification of Depot Square,
LOWELL STREET REZONING - LEXHAB
Mr. White referred to a letter from Lexhab Chairman Marshall
Derby in which LexHAB unanimously recommended passage of Article
30, to rezone a parcel of land on Lowell Street allowing con-
struction of a multi- family housing development. He noted that
the Planning Board Report had recommended disapproval because it
considered a development density of 14.2 units per acre too high
,�... even with the donation of seven affordable housing units by the
developer by the developer.
Mr. White asked if the Board wished to discuss its position
tonight, noting that the developer, Peter Kelley was present and
Minutes for the Meeting of March 22, 1993 4
available to answer questions. Mr. Dailey invited Mr. Kelley to
discuss his proposal with the Board.
Mr. Kelley reviewed what has happened to date and what had
been proposed under Article 30. He added that they have been
working with LexHAB since last fall and had its support, and have
lowered the number of units proposed to 70 with seven affordable
units given to the Town. He described the architectural style of
the buildings and provisions for garaging and parking. He asked
for the Board's support on Article 30.
Mrs. Smith commented that this was a proposal that was very
good for the town, and answered the continuing need in Lexington
for affordable housing. She said she considered it excellent use
of the site, and thought the Board should support the Article.
Mr. McSweeney also supported the articles especially its
affordable housing aspect, adding that he liked the plans and the
building types proposed.
Mr. Fenn discussed the 109 affordable housing goal, and
noted the Town was still short of the required number of units
required by the State "Snob" Zoning statute.
Mr. Busa sympathized with the amount of time the developer
has spent on the process. He supported the project and spoke of
the need to reconcile neighborhood objections.
Questions from the audience focussed on the size of the
development, whether water and sewer connections were available,
and how much tax revenue would be generated for the Town.
MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the meetings of February 8, and 23, 1993. Mrs.
Smith abstained from the votes since she had not attended the
meetings.
CONSENT AGENDA
TRAFFIC ITEM
Upon motion duly made and seconded, it was voted to refer to
Traffic Safety Advisory Committee a reported safety hazard at the
corner of Emerson Gardens Road and Bryant Road,
WARRANT FOR UNLICENSED DOGS
Upon motion duly made and seconded, it was voted to sign the
Warrant for Unlicensed Dogs, listing 779 unlicensed dogs in
Lexington, as of March 10, 1993, for transmittal to Kathy P. Fox,
Animal Control Officer.
BUDGE RECONCILIATION
Mr. white reported that the budget is $100,000 short, and
presented a list of possible budget cuts. Elimination of the
curbside recycling program was discussed, netting $155,000. Mr,
McSweeney said he would not vote for eliminating this program.
Mr. white reported that a proposed increase in ambulance
fees could result in increased revenue of approximately $50,000,
and that an increase in use by outside contractors who pay
Minutes for the Meeting of March 22, 1993 5
tipping fees to the Town to deliver trash under our NESWC con-
tract could result in increased revenue of approximately $50,000.
Mr. Dailey noted that if the $10,000 to be appropriated for
Lexington's share of the Hanscom OEIR monitoring could be paid
for by Massport the total savings achieved would be $116,000.
Mrs. Smith said that Massport had indicated it would consider
this.
Mr. Dailey asked whether there were funds available from the
practice of fully funding each employee's position whether it was
filled or not, under line item 2320 - Municipal Salary Adjust-
ments, and if the rest of the budget shortfall could be covered
this way.
Mr. white thought there appeared to be sufficient funds in
this line item to make up the difference, and, with the $116,000
in funding cuts above, cover the $160,000 shortfall in the FY94
budget.
Upon motion duly made and seconded, it was voted to adjust
the budget by reducing the appropriation under line item 2320 -
Municipal Salary Adjustments from $250,000 to $200,000; reduce
the appropriation under line item 8130 -- Town Manager's Jurisdic-
tion account by $10,000; increase the revenue from the ambulance
fees by $50,000; increase the revenue from tipping fees under the
NESWC contract by $56,000- or a combination of the two to produce
revenue in the amount of $106,000; and to increase the Human
Services budget by $3,500,
SELECTMEN POSITIONS ON WARRANT ARTICLES
The Board agreed to postpone taking positions on Town
Meeting Articles until next week.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 5 -0 by roll
call vote: Mr. Dailey, Mrs Smith, Mr. McSweeney, Mr. Busa, Mr.
Fenn; 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 11:20 p.m.
A true record, Attest:
Sara I. Peters
Executive clerk
SELECTMEN'S MEETING
MARCH 29, 1993
A regular meeting of the Board of Selectmen was held on
Monday, March 29, 1993, in the Selectmen's Meeting Room, Town
Office Building, at 7:00 p.m. Chairman Dailey, Mrs. Smith, Mr.
McSweeney, Mr. Busa; Mr. Cohen, Town Counsel; Mr white, Town
Manager; Mrs. Novak, Assistant Town Manager; and Mrs. Peters,
Executive Clerk, were present.
COMMON VICTUALLERS LICENSE - DAGwOOD'S DELI
The Board reviewed an application for a Common Victuallers
License from L.N.T. Enterprises, d.b.a Dagwood's Deli for the sale
of beverages, sandwiches and breakfast during the hours of 6:00
a.m. - 6:00 p.m. seven days a week.
Upon motion duly made and seconded, it was voted to grant a
Common Victualler License to L.N.T. Enterprises, d.b.a Dagwood's
Deli for the sale of beverages, sandwiches and breakfast during the
hours of 6:00 a . m . - 6:00 p . m . seven days a week,
MTNITTF'q
Upon motion duly made and seconded, it was voted to approve
the minutes for the meeting of March 1, 1993.
EXECUTIVE SESSION MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for executive sessions held on February 23, and March
1, 1993.
RACCOON RABIES UPDATE
The Board discussed with Health Director George Smith and
Board of Health member Dr. Stan N. Finkelstein.a letter, dated
March 29, 1993 from Board of Health Chairman Barbara Marshall.
Speaking for Mrs. Marshall, who was unable to attend, Mr.
Smith reported that during the past few weeks, six rabid raccoons
have been identified in Lexington. He added that funds provided
for rabies control in FY 93 are nearly exhausted, and that consid-
ering the seriousness of the disease, the Board of Health believes
the Town should take all appropriate actions to reduce the risk.
Mr. Smith said the Board of Health requests additional funding
of $3,000 to sustain the ongoing rabies program, and $2,500 for
costs relating to the preparation and distribution of rabies
literature in a direct mailing campaign to all Lexington residents
advising them of the disease and its consequence.
In addition, Mr. Smith said the Board of Health requests that
its FY 94 budget recommendation of $3,429 be increased to $6,500
since Lexington and its environs are now considered endemic for
rabies and this is expected to be the case for several years.
The Board asked Mr. white to see if additional FY93 funds are
available for the Board of Health's requests for a town wide
mailing on the Racoon Rabies problem and for the continuation of
the Town's ongoing rabies program.
1p� .^/
Minutes for the Meeting of March 29, 1993
Mr. Dailey thanked Mr. Smith and Dr. Finkelstein for bringing
this serious problem to the Board's attention. He said the Board
recognizes this need for informing the Town of the dangers of
rabies, and it will try to make certain some funds are available,
so the Board of Health can move ahead with the proposed town wide
mailing and its ongoing rabies program.
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded,
commitment of the following charges.
a. Commitment of water Charges -
(final bills)
Commitment of Sewer Charges --
(final bills)
N
it was voted to approve
March 1993 $101,69
March 1993
$104.9$
ABATEMENTS
Upon motion duly made and seconded, it was voted to approve
the following abatements.
Abatements: water & Sewer March 23, 1993 $323 *08
RESERVE FUND TRANSFER - LEGAL BUDGET
Mr. White reported that the legal fees and expenses budget is
underfunded and that he and Town Counsel propose the Board consid
er, as Town Meeting prepares for debate on Articles 4 and 5,
supplementing the legal budget under Article 5 with $40,000 that
has been received as a partial settlement of pending litigation.
He added that this $40,000 could be transferred to the legal budget
and thus lessen pressure to use the Reserve Fund to cover the
entire legal budget deficit.
Town Counsel Cohen said that over the years calculating the
needs for the legal budget has been fairly accurate as far as what
will happen with general legal matters, but has not done as well
predicting litigation expenses. Reserve Fund transfers have often
had to be requested for litigation expenses.
In response to a question from Mr. Dailey as to how this money
would be transferred to the legal budget, Mr. Cohen said the money
has been deposited in a special account and could be transferred
into the legal budget through a motion under Article 5, such as:
"That the sum of $40, be appropriated to line item 8410 of the
current fiscal year's budget, and to raise such amount $40,000 be
transferred from receipts reserved for appropriation."
Upon motion duly made and seconded, it was voted to support
this motion made under Article 5:
POSITIONS ON ARTICLES FOR TOWN MEETING
The Board began its review of positions it will take on
articles for Town Meeting beginning with the DPW Articles.
ARTICLE 8 -- WATER MAINS
Mr. White reported that this article deals with the installa-
tion of new water mains and the replacement or cleaning and lining
of existing water mains,
a
Minutes for the Meeting of March 29, 1993 3
ARTICLE 9 - PUBLIC WORKS EQUIPMENT
Mr. white reported that $80,000 is requested from water and
sewer enterprise revenues for a front end loader, and $65,218 is
requested from the tax levy for a new street sweeper.
ARTICLE 10 - STREET IMPROVEMENTS
Mr. white reported that this article authorizes the Town to
use its funds in conjunction with state funds for improving and
upgrading streets within the Town.
ARTICLE 11 - SANITARY SEWERS
Mr. White reported that this article request funds for two
separate sewer replacement projects; $100,000 is requested for the
replacement of defective pipe in Bartlett Avenue, and $50,000 is
requested for the replacement of defective pipe in vine Brook Rd.
CAPITAL EXPENDITURES COMMITTEE
Mr. Dailey welcomed Capital Expenditures Committee Chairman
Paul Hamburger and members of the Committee to discuss the Commit-
tee's position on several articles coming before Town Meeting.
Mr. Hamburger reported that the Committee feels strongly that
the under Article 9, PUBLIC WORKS EQUIPMENT, the Town should
approve the appropriation of $173,000 from the tax levy and $80,000
from water and sewer enterprise revenues, totalling $253,000 for
new and replacement public works equipment.
Mr. Dailey noted the difficulty of finding the difference in
funding between the Board's recommendation to appropriate $150,218
for a front end loader and a new street sweeper, and the Capital
Expenditure Committee's recommendation to appropriate $253,000 as
requested under Article 9.
Mr. Hamburger responded that it has been three years without
new equipment, and asked what the Board thought would happen next
year. Mr. Dailey said that the Board will do all it can to keep
the fleet current.
In response to a question from Mr. McSweeney, Mr. Hamburger
said the Committee supported Articles 15, 18, 17 and 19; but had
reservations about Article 18, as to whether Public Works has the
manpower and time to do the work, and whether was compliance with
ADA requirements. Mr. Hamburger added that the Committee also
supported funding a facilities study of school and town buildings
under Article 20.
Upon motion duly made and seconded, it was voted to adjourn at
7 :55 p.m
A true record, Attest:
Sara I. Peters
Executive Clerk