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HomeMy WebLinkAbout1993-03-BOS-min / ' SELECTMEN'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. PERMISSION 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 momBikeway 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. SELECTMEN'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 - 7:00 p.m. , Wednesday April 14, 1993 - 7:00 p.m. , Monday April 26, 1993 - 7 :00 p.m. , and Wednesday April 28, 1993 -- 7:00 p.m. , CONSENT AGENDA COMMITMENTS Upon motion duly made and seconded, it was voted to approve commitment of the following charges: Commitment of Water Charges -- Feb. 1993 $127. 73 ( final bills) Commitment of Sewer Charges - Feb. 1993 $282.47 ( final bills acct. 0100288800) APPOINTMENT ismo 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 2 pm ONE DAY LIQUOR 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. VERSAILLES RESTAURANT SIDEWALK SERVICE 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 :00 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 liquor '"mm liability. 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 PROCESS -- (DPA) LETTER 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. fr r f Minutes for the Meeting of March 1 , 1993 3 101.6 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. SELECTMEN'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 NEW PARK AND TREES SUPERINTENDENT 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 PAUL MARSHALL Mr. Dailey commented that it was extraordinary that he, Mrs Smith, Mr. McSweeney, Mr. Eddison and Mr. Marshall had been mm 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 a A Minutes for the Meeting of March 1 , 1993 4 skiwi 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 6rMA— 16:141 ° Sara I . Peters Executive Clerk a mos 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: midi Commitment of Water Charges - March 1993 $78, 919.46 (cycle 9 bills) ABATEMENTS Upon motion duly made and seconded, it was voted to approve the following abatements: Abatements: Water & Sewer - 2-22-93 $2,037 . 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 LIMOUSINE 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 # 34664 The Board reviewed a memo, dated 2/26/93 , from Town Engineer Frank Fields about Chapter 90 funding to resurface Town Streets under Contract 93-1 . Upon motion duly made and seconded, it was voted to endorse Mass. Highway Chapter 90 Project Request # 34664 forms in refer-- glom ence to Contract 93-1 . NESWC 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, 276 . Mr. White also reported Minutes for the Meeting of March 8, 1993 2 pima 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. REORGANIZATION OF THE BOARD Executive Clerk Peters announced that a letter of resigna- tion as Chairman of the Board has been received from Jacquelyn R. mom Smith. Mrs. Peters called for nominations for Chairman of the Board. Mr. Dailey was nominated. I No other nominations were made and Mrs. Peters declared the 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 . 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 pow 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 39% 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, 1993 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 $500 ,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 PIMA 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 coming 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 monitoring, leaving approximately $65 ,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 imam service; $12 ,000 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 $260,000 short of what the School Superintendent has requested. He also wondered if health contracts could examined for ways to prevent them from m• 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 them 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 61% school portion / 39% 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 5 7 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 ems 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 temporary 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. S..f° Minutes for the Meeting of March 8, 1993 6 mom 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: a ,A1-4,- ( 644'10c Sara 1 . Peters Executive Clerk 4 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 Room, 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- IIMMII 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 indefi- 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 O•• 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 2 wm 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 . 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 3/31/96 Nom 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 $396 .06 ( final bills ) Commitment of Sewer Charges -- March 1993 $639.44 ( 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 $350.00 Commitment of Street Opening Permits - 2/28/93 $125 .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 from 6 : 30 a.m. to 7 : 15 a.m. approximately. 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 F Minutes for the Meeting of March 15 , 1993 3 imm 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 ommis-- sioner as to whether the lot was grandfathered 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 o,,, on what criteria the Selectmen used to approve the group home on Waltham Street - Mr. Dailey 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•m 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 . 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. Dailey asked Town Manager White whether the Board had finally approved $64 , 000 or $71 ,000. Mr. White thought the Board had approved $64 , 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 approved total Human Services budget to approximately $68 .000. Mr. White added that apparently RePlace thought the additional $4 ,000 had been added to the $68 , 000 bringing the total to approximately $72 ,000 . The Board agreed that the Selectmen' s recommendation for the Human Services budget was $67 , 840. The Board also agreed to delay final action on this decision until next Monday evening when 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 in order _for the Town to receive up to $445 , 801 in Chapter 90 reimbursements. SELECTMEN ARTICLE ASSIGNMENTS r••� Mr. White noted that he has provided of Article assignments for the Selectmen at Town Meeting , and asked that Board members let him know if there are any difficulties with the assignments. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 4--0 by roll call vote: Mr. Dailey, 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 10: 30 p.m. A true record, Attest .gitte . --- Sara I . Peters Executive Clerk, i • �. 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 $162 , 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: ,... 1 ) 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 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; 6 ) 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 roma 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 wide transportation expenses. am. 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 r•• 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 $64 ,000 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 , 942 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 1111M. 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 f a� / j r l Minutes for the Meeting of March 22 , 1993 4 M•• 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 article; especially its affordable housing aspect, adding that he liked the plans and the building types proposed. Mr. Fenn discussed the 10% 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 OMR 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 16 , 1993 , for transmittal to Kathy P. Fox, Animal Control Officer. BUDGET RECONCILIATION Mr. White reported that the budget is $166 ,000 short, and presented a list of possible budget cuts. Elimination of the ons 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 min{ tipping fees to the Town to deliver trash under our NESWC con- tract could result in increased revenue of approximately $56 , 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 $166 , 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 Mal 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 , 800. 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 : 4/1A' s Sara I . Peters Executive Clerk P? a 7 a F IMO 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. MINUTES OMRUpon 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 mm 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. Minutes for the Meeting of March 29 , 1993 2 mom 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, it was voted to approve commitment of the following charges. a. Commitment of Water Charges - March 1993 $101 . 69 ( final bills) Commitment of Sewer Charges -- March 1993 $164 . 98 ( final bills ) 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 ,000 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. 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; $160 , 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 MOM 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 , 16 , 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 : eOttil '7 __ Sara I . Peters Executive Clerk