HomeMy WebLinkAbout1993-06-BOS-minSELECTMEN'S MEETING
June 14, 1993
A regular meeting of the Board of Selectmen was held on Monday,
June 14, 1993, in the Selectmen's Meeting Doom, Town office Build-
ing, at 7:30 p.m. Chairman Dailey, Mr. McSweeney, Mr. Busa, Mr.
Fenn; Mr. Cohen, Town Counsel; Mar White, Town Manager; Mrs. Novak,
Assistant Town Manager; and Mrs. Peters, Executive Clerk, were
present.
VOTE UT RIZE FUN ING F THE FY93
Mr. White noted that the Selectmen's vote to refund the FY93
Sewer Debt would allow the Town to take advantage of State refi-
nancing and financing of the North Lexington Pumping Station at an
approximate savings of $500,000 over the life of the loan, by
providing the Town with a very low interest loan.
Upon motion duly made and seconded, it was voted:
(1) That the Town shall issue a bond or bonds in the aggregate
principal amount of $3,103,303 the "Bonds ") pursuant to
Chapters 29C and 44 of the General Laws and a vote of the town
passed March 27, 1931 (Article 20), in order to refund a
portion of the principal of and interest on the bonds of the
Town dated July 15, 1992, issued for construction of sewers and
other water pollution control facilities (the "Project ") ;
(2) that each Bond shall be issued as a single registered Bond, and
sold to the Massachusetts Water Pollution Abatement Trust (the
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"Trust ") at a price of not less than par plus accrued interest,
less the town's share of the costs of issuance of the Trust's
bonds;
(3) that the Treasurer is authorized to determine the date, the
fora, the maximum interest rate and the annual principal
maturities of each Bond and to execute a Loan Agreement with
the Trust to evidence the sale of the Bonds, such date form and
maturities and the specific interest rate or rates of the Bonds
to be approved by a majority of the Board of Selectmen and the
Treasurer and evidenced by their execution of the Bonds;
(4) that all action taken to date by the Town and its officers and
agents to carry out the Project and its financing, including
the execution of any loan commitment or agreement by the
Treasurer, are hereby ratified, approved and confirmed; and
(5) that the Treasurer and the other appropriate Town officials are
each hereby authorized to take any and all actions necessary
and convenient to carry the provisions of this vote, including
execution and delivery of the Loan Agreement and the Project
Regulatory Agreement relating to the Project and a Refunding
Trust Agreement with Shawmut Bank, N.A. to provide for the
payment of the refunded bonds
IN OF ACTING POLICE C IEF CHRIS CASEY
Mr. white introduced Lieutenant Chris Casey, who he has
appointed Acting Police Chief, effective July 1, 1993, for the
interim period until a new Chief has been appointed to fill Chief
Paul Furdon's position. Mr, white briefly reviewed Acting Chief
Casey's qualifications, including his academic and employment
background*
Minutes for the Meeting of June 14, 1993 2
Acting Chief Casey introduced his wife, Donna, and son, Mark,
who were also present. He outlined his philosophies of policing and
supervision and how an interim Chief can practice these philoso-
phies; explained his dedication to his profession; and spoke on the
need to recognize his role as a public servant, by protecting and
serving the people of the community, with integrity.
Mr. Dailey welcomed Acting chief Casey on behalf of the Board,
and wished him well in his appointment.
CONSERVATION COMMI SION EMIN NT OMAIN
Mr. Cohen reported that Helen V. Ford, 1344 Hyde Park Avenue,
Hyde Park MA 02188 has agreed to_ convey by eminent domain for
conservation purposes Lot 8, shown on Assessor's Map 79, to clear
title problems. He added that acquisition of Lot 8 was authorized
by Article 47 passed at the 1977 Town Meeting.
Upon motion duly made and seconded it was voted to authorize
the Town to take by eminent domain, as authorized by Section 8C of
M.G.L. Chapter 40 as amended, Lot 8, shown on Assessor's Map 794
MINUTES
Upon motion duly made and seconded, it was voted to approve the
minutes for the meetings of April 12, 28, 28, and May 3, 1993.
]EXE CUTIVE 5ESSION MINUTES
Upon motion duly made and seconded, it was voted to approve the
minutes for the executive sessions of April 28 and May 3, 1993.
REQY TO SIGN D ED RELATING TO F PER Y A 49 EARL STREET*
The board reviewed a letter, dated May 10, 1993 to Town Coun-
sel, from Attorney Patricia Hagedorn, representing James and Char-
lene Akimchuk, current owners of property at 49 Earl Street.
Mr. Cohen reported the executed deed was necessary to correct a
title defect resulting from tax takings in the years 1905 to 1907,
and he recommended the Board execute the deed on behalf of the Town
of Lexington.
Upon motion duly made and seconded, it was voted to authorize
execution of the deed.
PROPOSED PRQPOaED M NG SC E U FO R JULI AND AUGUST
The Board agreed to schedule the following meetings for July
and August in the Selectmen's Meeting Room:
Monday July 19, 1993 - 7 :30 p.m.
Monday July 28, 1993 - 7:30 p.m.
Monday August 18, 1993 - 7:30 p.m. and
Monday August 30, 1993 - 7:30 p.m.
& CCEPIC BESIGNAI OF MARIAN R1EI
The Board noted Mrs. Reilly's resignation from LexHAB contained
in a letter from her, dated May 19, 1993.
Upon motion duly made and seconded, it was voted to accept
Mrs. Reilly resignation. Mr. Dailey asked that Town Manager white
write Mrs. Reilly on the Board's behalf, and thank her for her years
of service on many Town Boards, including LexHAB.
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Minutes for the Meeting of June 14, 1993 3
TRAFFIC ITEM
Upon motion duly made and seconded, it was voted to refer to the
Traffic Safety Advisory Committee safety concerns at 63 Winter
Street requested by Lena and Alfred Iodice, 63 Winter Street in
Lexington.
F JULY LI CARNIVAL : APP 4]V IC NS F UB IC ]ENTERTAIN
MENT ON SUNDAY* ULY 93
The Board reviewed a memo to Town Manager White from Fire chief
Bergeron, dated February 23, 1993, recommending that the proposed
schedule and planned events for the 1993 Fourth of July Carnival be
approved by the Selectmen. It was noted that everything appeared to
be in order and awaiting approval of a License for Public Entertain-
ment on Sunday, July 4 by the Selectmen.
Upon motion duly made and seconded, it was voted to approve the
application of the Lexington Lion's Club and Fiesta Shows for a
License for Public Entertainment on Sunday at the Center Field in
Lexington from 1 :00 p.m. to Midnight.
SET SP CIAL ELECTION TO FILL VACANCY ON T B D F SELECTMAN
The Board reviewed a 1993 Special Election Calendar prepared by
the Town Clerk's Office proposing that a Special Election be held on
September 13, 1993 to fill the vacancy on the Board of Selectmen due
to the death of Jacquelyn R. Smith.
Upon motion duly made and seconded, it was voted to hold a
Special Election on Monday, September 13, 1993 to fill the vacancy
on the Board of Selectmen for a term of office expiring March, 1995.
CQN 5 ENT. AG.
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitment of the following charges.
Commitment of Water Charges -- May 1993
(final bills)
Commitment of Sewer charges - May 1993
(final bills )
Commitment of Sewer charges - June 1993
(Final Bills)
Commitment of Street, Opening Permits
Boston Gas Co. - 4/30/93
Commitment of Street Opening Permits
Boston Gas Co. - 5/31/93
N.E. Telephone - 5/31/93
Commitment of Water Charges - June 1993
(Town Wide Bills)
Commitment of Sewer Charges - June 1993
(Town Wide Bills)
$987.82
$1,521.95
$1,652.38
$50.00
$175.00
$50.00
$1,145,754.22
$2,265
P ON A„DATEMENTS
Upon motion duly made and seconded, it was voted to abate the
following charges.
Abatement of water and sewer charges
7 Ross Road $373.00
6 Blueberry Lane $186.24
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Minutes for the Meeting of June 14, 1993 4
25 Locust Street $306 *46
107 Fifer Lane $688926
15 Wellington Lane $582910
ONE DAY AUCTI ONEER'S LICENSE
Upon motion duly made and seconded, it was voted to approve a
One Day Auctioneer's License, requested by Bi.der's Antiques, Inc.
for an on -site auction at 341 Marrett Road, Saturday June 19, 1993
from 9:00 a.m. to 2:00 p.m.
BE - SERV - FUND TRANSFERS
The Board reviewed a memo from Comptroller John Ryan, dated
June 9, 1993, dealing with year end transfers* Mr. White discussed
the series of reserve fund requests, as follows:
Police - $31,000, due primarily to long term absences due to
injuries sustained by multiple police officers;
Fire - $114,000, due to manning requirements and absences
related to duty injuries;
Town Clerk - $9,800, due to meet the obligation for payment
made for employees working out of grade during illness of another
employee;
Fire Expenses - $35,000 to fund the cost of the Cant's Report
prepared as a result of the untimely death of Ms. Kathleen Dempsey.
Upon motion duly made and seconded, it was voted to authorize
the reserve fund transfers listed above. In response to a question
from Mr. McSweeney, Mr. White reported there was nothing left in the
Reserve Fund*
CAN S FOLLOW -UP
Mr. White responded to the newspaper ad taken out by the
Lexington Firefighters which appeared in the Lexington Minuteman on
June 3, 1993. He described the letter as identifying five issues of
firefighter discontent: 1) overtime spending; 2) emergency phone
system; 3) Chief Bergeron's responsibility relating to chemical.
storage; 4) dispatching; and 5) the Gants report.
On the issue of overtime spending, which Mr. White divided into
two categories - command staff training /communication, and fire-
fighter coverage for dispatcher training, examples listed in the
article were discussed. Mr. White noted that overtime budget was
spent for command staff training. and to begin firefighter training
to gain understanding of the dispatch system for a combined dispatch
system and Enhanced 911, as recommended in the Cant's Report. He
added that the command staff can not be the sole responsibility of
the Fire Chief; that failures of leadership point in more then than
one direction; and that all of the command staff have roles as
leaders and must work together.
Mr. White reported that the emergency phone system was not
totally out of service as inferred in the letter; one line stayed
open as if it were continuously in use, an action referred to as a
lock -up. He added that once informed of the problem, the Chief met
with the telephone equipment vender; two members of the CATV Commit-
tee with experience in this field; and a permanent solution that
should prevent another lock -up from occurring was installed.
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Minutes for the Meeting of June 14, 1993 5
Mr. White again quoted from the Firefighters $ statement on the
issue of the discovery of the "storage of very unstable explosive
chemicals" discovered in a Lexington building, "accessible by
members of the public", and the charge that Chief Bergeron failed to
make both the public and members of the Fire Department aware of
this problem. Mr. white reported that approximately two ounces of
flammable material were found stored in a refrigerator in a locked
office at 75 Bedford Street in March; that the Environmental Protec-
tion Agency (EPA) notified the Chief of this; and shortly after this
notification, the EPA removed the material from the site. He added
that the EPA also said that the Town, the Chief and the Fire Depart-
ment had no jurisdiction in this matter.
Can the issue of the dispatch system, Mr. white noted that
civilian dispatchers provide a service to the Town; dese rve'to be
accepted as part of the public safety team; and must be included in
the implementation of Town fire programs. He added that the dis-
patcher isolation problem especially in the late night that was
identified in the Gant's Report is the one issue Chief Bergeron has
been unable to solve, and that since last November the Chief has
been trying to negotiate a change in working conditions that would
assign a firefighter to stay awake and be available on the first
floor to the dispatcher on duty.
Mr. white reported that Chief Bergeron has been honestly trying
to imp lement the recommendations of the Gant's Report, and added
�••• that direction and attitude mean a lot. Mr. white said that not
dealing with the issue of isolation and filing an unfair labor
practice contending that the Chief does not have the right to demand
that his command staff meet with him is inexcusable, and contrary to
everything the Gant's report means.
Mr. white concluded by saying there was one other issue not
addressed by the firefighters. Recently, a union official said that
John Bergeron' s failure to support firefighter publicly during the
last two or three budget cycles has hurt morale and perhaps provided
motivation for this action. Mr. white also said that Department
heads have been encouraged to wake their presentations to the Board,
whether or not they agreed with the Town Manager's recommendations.
Mr. Dailey thanked the Town Manager for his report and asked
Chief Bergeron to take the lead in the dissolution of the issues
discussed, with the support of the Town Manager.
Mr. Busa hoped a process of talking with the firefighters would
be started by the Chief and the Town Manager.
Mr. McSweeney said he appreciated all the work that had been
done to implement the recommendations of the Gant's Report by the
Town Manager and the Fire Chief, and spoke of the concerns of the
elderly and the effect the Firefighter's letter in the paper would
have on them.
Mr. Fenn said he wished that the process of talking together,
as suggested by Mr. Busa could have been followed, instead of
putting their grievances in a letter to the paper.
WAT E-R S EWER RATES
The Board discussed a memorandums from Supt. water /Sewer William
Hadley, dated June 4, 1993, containing information regarding the
Minutes for the Meeting of June 14, 1993 0
FY93 dater /Sewer rates, and information relating to "Lexington
Operating Watersense ", a water saving program sponsored by the MWRA.
Mr. white reported that the average residential water /sewer
bill for FY92 was 316.40 and will be $398.70 for FY93, an increase
of 82.30 or 209. He added that at the November 1992 public rate
hearing, the Selectmen were presented with a split increase proposal
to generate enough revenue for the FY93 water /sewer budget. The
Selectmen voted to implement the first phase, but wanted to see the
actual figures f or that period before voting on the second phase.
Mr. White and Mr. Hadley discussed the report regarding mater
and sewer rates that was presented to the Board, including Mr.
Hadley's recommended split increase proposal that planned one rate
effective January 1, 1993 and was adopted by the Board, with the
other increase effective July 1, 1993 that the Board will review.
This would generate revenue to meet the FY93 water and sewer re-
quirements and buffer FY94 prospective increases. Mr. Hadley also
explained the proposed rate structure.
In response to questions from Board members, it was reported
that the more water used by Lexington residents, the higher the
water rates were, in an effort to encourage conservation of water;
that this was also the reason for not allowing separate meters, one
for outside watering; that wells are permitted in Town, and there
are about 70 at the present time.
Upon motion duly made and seconded, it was voted to adopt the
proposed water and sewer rate recommendations for the second half of
FY93 billing, as contained in the memorandum, dated 6/2/93, from
Supt, of the water /Sewer Dept. William Hadley to the Town Manager.
xIN N op A ION w T RS NS
Mr. Hadley introduced Terry Bickford, Conservation Coordinator
from the MWRA who described the "operation Watersense" program for
water conservation. Mr. Bickford asked for the Board's endorsement
of the water saving program for which there is no charge, and has
been done in approximately 21 Massachusetts communities, saving five
to six million gallons of water per day, system wide.
The Board agreed to endorse the program for Lexington and
appointed Supt. of the Water /Sewer Dept. William Hadley as the
Town's contact person for the program.
R DT AD-HOC REVI W MMI TEE UFD E
Mr. White reported that the Committee has met two times since
the 1993 Annual. Town Meeting ended, and that there have been two
presentations of the proposed plans to the Committee. He added that
a public hearing will be held on Wednesday evening, June 23, 1993 at
8;00 p.m. in Cary Memorial Hall, and that all Town Meeting members
have received notice of this public hearing. He also said that at
the hearing the town's engineering consultant, Boston Survey Consul-
tants will present a detailed explanation of the development of the
project plan and the reasons for specific design recommendations,
and the Ad -Hoc Review Committee will present its recommendations
after the presentation.
Minutes for the Meeting of June 14, 1993
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BEDFC WAT R AGREEMENT
The Board reviewed a draft copy of the Lexington /Bedford water
supply agreement, Mr. White asked for the Board's authorization to
sign the contract on behalf of the Town, once some minor issues have
been resolved, and a final review of the document has been made by
the Chairman of the Board of Selectmen.
Upon motion duly made and seconded, it was voted to authorize
Town Manager Richard White to sign the contract on behalf of the
Town once some minor issues have been resolved and a final review of
the document has been made by the Chairman of the Board of Selectman
and the Town Manager.
SIBAIEGIC I G PROCESS
Mr. Dailey discussed implementing the Town Meeting Budget
Resolution passed under Article 4 which focussed on the Town's
budgeting process in genera, and the FY95 budget in particular.
Mr. Dailey noted the work of the Town Manager and Assistant
Town Manager of proposing a process to implement the charge, and
said that early on it was generally agreed that the process outline
that would accomplish what Town meeting had directed should include
some strategic planning elements as well budgetary considerations.
He discussed the groups who are interested in the implemen-
tation of the charge, and persons serving on the group including
Paul Hamburger, Jay Kaufman, Peter Enrich, George Burnell, Leo
Boyle, John Cabe rteuf f er , and William Dailey. He reported that the
group has met four times to discuss getting a process outline and
have seemed to agree on the following outline, prepared by Jay
Kaufman.
1) The Selectmen are initially and ultimately responsible for the
implementation of the resolution.
2} Statutory responsibility for the budget remains unchanged.
3) The immediate goal is improved input to the FY95 budget
process.
4) Broad public participation as the resolution is implemented is
desirable and important.
5) Public forums to brainstorm and receive community input should
be developed to encourage creativity and a free exchange of
ideas, insights, and concerns in a non - ,judgmental attentive
listening mode.
B) Strategic planning can and should inform budget choices.
7) Strategic planning takes time and cannot be implemented on the
same calendar as fiscal year budget planning
g) Any strategic planning initiatives begun or undertaken this
year must complement and in no way compromise the FY95 budget-
ing process.
Mr. Dailey added that the group will be meeting this coming
Thursday morning and would like to have a sense of the selectmen's
response to these goals in order to continue to carry out the Town
Meeting mandate, and suggested that financial support to fund a
strategic planning effort may be necessary. He asked for the Town
Manager's comments on this.
Mr. White commented that his understanding of the resolution is
that it is partly strategic planning and partly setting budget
priorities and his concerns are what kind of performance expecta-
Minutes for the Meeting of June 14, 1998 8
tions will be raised for a more inclusionary Selectmen budget
preparation process with more social and non - -budgetary consider -
ations included in the FY95 budget preparation process.
Comments from Board members and group participants listed above
included concerns about what the strategic planning process involved
and how to produce one; and where strategic planning fits with the
rest of the traditional budget process.
Mrs. Eddison commented that strategic planning was a process of
building a vision. Mr. Dailey added that the purpose of strategic
planning lannin was to broaden citizen involvement to include any group of
interested citizens in the budgeting process, but that there would
be no change in the existing annual budget preparation process.
There was general agreement that response to the Town Meeting budget
resolution under Article 4 was off to a good start.
Mr. Dailey asked for and received general assent from the
Selectmen to the goals outlined in "Thoughts on Implementing the
Town Meeting Budget Resolution ", dated 6/11/93, with the caveat that
the goals can be amended as the process continues, if agreed upon by
the Board.
EXLCUTI vE S S S I
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 land disposition
and 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
10:38 p.m.
A true record, Attest:
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Sara I. Peters
Executive Clerk,
SELECTMEN'S MEETING
June 28, 1993
A regular meeting of the Board of Selectmen was held on
Monday, June 28, 1993, in the Selectmen's Meeting Room, Town Office
Building, at 7:30 p.m. Chairman Dailey, Mr. McSweeney, Mr. Busa,
Mr. Fenn; Mr. Cohen, Town Counsel; Mr white, Town Manager; Mrs.
Novak, Assistant Town Manager; and Mrs. Peters, Executive Clerk,
were present.
7;30 P.M. PUBLIC HEARING - BOSTON EDISON - GLEASON R D
Mr. Dailey opened a public hearing on the petition of Boston
Edison to install approximately 8 feet of conduit in Gleason Road.
Carol McManus, representing Boston Edison, said that the work
was necessary to relocate overhead service underground.
Mr. Dailey noted the favorable recommendation from Richard
Spiers, Director of Public works, dated June 8, 1993. There being
no comments or questions, Mr. Dailey declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve
the petition, plan and order for a Grant of Location to install
approximately 8 feet of conduit in Gleason Road.
7:35 .m. PUBLIC HEARING BOSTON EDISON COMPANY - COOKE ROAD
Mr. Dailey opened a public hearing on the petition of Boston
Edison to install approximately 9 feet of conduit in Cooke Road.
Carol McManus, representing Boston Edison, said that the work
was necessary to relocate overhead service to underground.
Mr. Dailey noted the favorable recommendation from Richard
Spiers, Director of Public works, dated June 8, 1993. There being
no comments or questions, Mr. Dailey declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve
the petition, plan and order for a Grant of Location to install
approximately 9 feet of conduit in Cooke Road.
RE ORTS OF THE TRAFFIC SAFETY ADVISORY CO TTEE
Prior to presenting the report of the Traffic Safety Advisory
Committee on the traffic concerns below, Mr. Chalpin reported that
the closing of Harrington Road at Bedford Street, approved by the
Selectmen at its May 24, 1993 meeting, was working as well or bet-
ter than expected, and that the Police had reported no complaints.
In response to questions from the Board, Mr. Chalpin said that
the Fire Department had reported it had no problems with access and
that it would only take a few seconds longer to respond; and that
they were working to improve the appearance of the jersey barriers,
but that there was nothing else to substitute for them.
Laconia Street at Rid a Road
Mr. Chalpin reported that at its meeting on May 5, 1993, the
TSAC met with George Morey, 49 Ridge Road and acting as neighbor-
hood spokesman, to discuss suggestions to improve traffic safety
ram conditions at the intersection of Laconia Street and Ridge Road.
Mr. Chalpin reported that Mr. Morey had suggested, and the
committee concurred, that a double yellow centerline be painted, to
guide motorists on Laconia Street through the intersection to
discourage "cutting the corner when rounding the bend southbound
on Laconia Street.
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Minutes for the Meeting of June 28, 1993 2
' Mr. Chalpin added that Mr. Morey had also reported that an
existing STOP sign on Ridge Road at Laconia Street is routinely
ignored, that a check of the positioning of the sign indicated that
it is clearly visible, and that the Committee agreed that the
Police Department be asked to periodically increase enforcement at
this intersection.
Upon motion duly made and seconded, it was voted to approve
the recommendations of the Traffic Safety Advisory Committee to
paint a double yellow centerline to guide motorists on Laconia
Street through this intersection, and to ask the Police Department
to periodically increase enforcement at this intersection.
Worthen Road - Center Pool Crosswalk
Mr. Chalpin reported that at its meeting on May 8, 1993, the
TSAC met with Margaret Whitesell, Recreation Coordinator for the
Lexington Recreation Department, to discuss a recommendation from
the department for a new crosswalk on Worthen Road, between the
Center Pool and the Hayden Recreation Center.
Mr. Chalpin added that the Committee recommended that the
request be approved; that the crosswalk be located as requested;
and that the TSAC also recommended posting the area from the Hayden
driveway to Lincoln Street, on the westerly side of Worthen Road,
No PARKING.
Upon motion duly made and seconded, it was voted to approve
the recommendations of the Traffic safety Advisory Committee for a
new crosswalk on Worthen Road between the Center Pool and they
Hayden Recreation Center, and to post the area from the Hayden
driveway to Lincoln Street, on the westerly side of Worthen Road,
No PARKING.
Hillcrest Avenue at Circle Road
Mr. Chalpin reported that at its meeting on May f, 1993, the
TSAC met with Mr. Edward Fritton and Mrs. Ellen Costello, residents
of Hillcrest Avenue, to discuss traffic conditions, in particular,
the speed of commuter traffic at the intersection of Hillcrest
Avenue and Circle Road. Mr. Chalpin added that residents have
requested that a "Caution Children" sign be installed in the area.
Mr. Chalpin reported that the Committee recommended that the
Police Department be asked to increase enforcement in this area
during commuting hours, with the understanding that the level of
enforcement would be dictated by Police cruiser availability. Mr.
Busa asked that the "Caution Children" sign also be installed in
the area.
Upon motion duly made and seconded, it was voted to approve
the recommendations of the Traffic safety Advisory Committee that
the Police Department be asked to increase enforcement in this area
during commuting hours, with the understanding that the level of
enforcement Would be dictated by Police cruiser availability. The
Board also voted to recommend that a "Caution Children" sign be
installed at a location designated by the TSAC after consultation
o ,,,, m with the neighbors.
Wilson Rd. at Roosevelt Rd.
Mr. Chalpin reported that at its meeting on March 3, 1993, the
TSAC met with Mrs. John. Wilson, 34 Wilson Road, and Mrs. Ronald
Marble, 9 Wilson Road to discuss the recent relocation of a STOP
sign at the intersection of Wilson Road and Roosevelt Road.
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Minutes for the Meeting of June 28, 1993 3
Mr. Chalpin said that the Committee had also discussed the
matter of the relocation of the STOP sign at its 2/25/92 and
5/24/92 meetings. He added that the problem appeared to focus on
the STOP sign being required by State Warrants to be located facing
Roosevelt Road since it carries the lessor volume of traffic at
this intersection, and that this encourages the use of Wilson Road,
the Maria Hastings School Driveway and Leroy /Ellison Road by
commuter traffic as a cut- through during peak traffic hours.
Mr. Chalpin reported that to deal with this problem, the TSAC
recommended DO NOT ENTER 7AM -9AM & 4PM --5PM signs be posted at both
Wilson Road at Marrett Road, and Leroy Road at Marrett Road, if the
required State Permission can be obtained. He also reported that
after the TSAC meeting Mrs. Wilson and Mrs. Marble visited the
School Department and got agreement that the SCHOOL PROPERTY NO
THROUGH TRAFFIC signs at each end of the school driveway would be
put back.
Upon motion duly made and seconded, it was voted to approve
the recommendations of the Traffic Safety Advisory Committee that
DO NOT ENTER 7AM -9AM & 4PM-6PM signs be posted at both Wilson Road
at Marrett Road, and Leroy Road at Marrett Road, if the required
State Permission can be obtained; and that a review of the traffic
volume distribution at the Wilson /Roosevelt intersection be made
after the signs are in place.
MINUTES
Upon motion duly made and seconded it was voted to approve the
minutes for the meeting of May 15, 1393, as amended. Upon motion
duly made and seconded, it was voted to approve the minutes for the
meeting of May 24, 1993, as written.
EXECUTIVE SESSION MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for executive sessions held on April 28, May lo, 24,
and June 14, 1993, as written.
TOWN CELEBRATIONS COMMITTEE, APPOINTMENTS /REAPPOINTMENTS
Upon motion duly made and seconded, it was voted to accept the
Town Celebration Committee's recommendation for reappointment until
June 30, 1995, of the following committee members whose terms
expire June 35, 1993.
Eric Carlson 40 Wood Street
John Graham 53 Williams Street
John Hayden 4 Davis Street
Sondra Lucente 71 Farmcrest Avenue
Dawn McKenna 2554 Massachusetts Avenue
The Board also voted to accept the Committee's recommendation
that Robert W. Schuster, 252 Worthen Road, be appointed to the Town
Celebrations Committee for a three year term of office expiring
June 30, 1995; and to appoint Marion H. Snow, 3 April Lane - Apt.
24, to the Town Celebrations Subcommittee for a one year term.
LICENSING OF BATTLE GREEN GUIDES
The Board reviewed a memo from Director of Guides, S. Lawrence
Whipple, dated June 21, 1993, proposing the following persons as
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Minutes for the Meeting of June 28, 1993
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qualified to receive licenses for the 1993 season to guide visitors
around the Battle Green.
Upon motion duly made and seconded, it was voted to approve
the appointment of the following as licensed guides for the 1993
season to guide visitors around the Battle Green.
Kenneth M. Smith 44 Grant Street
Caleb Neelon 23 Meriam Street
Wesley Karger 216 East Emerson Road
Paul Karger 216 East Emerson Road
Dan Leavitt 85 Baker Avenue
Geddes Golay 6 Oakland Street
RATIFY PHONE POLL
Upon motion duly made and seconded, it was voted to ratify the
phone poll of the Board taken on June 21, 1993 to approve the
application for a one Day Liquor License by the Lexington Knights
of Columbus for a Singles Dance to be held on Saturday, June 26,
1993 in Heritage Hall, 177 Bedford Street, from 8:00 to Midnight.
USE OF BATTLEGRE N
Upon motion duly made and seconded, it was voted to grant
permission to the Tittabawassee Fife & Drum Corps from Midland,
Michigan to present a 15 to 20 minute concert on the Battlegreen
around 2:00 p.m. on Saturday, July 31, 1993.
REPORT CONSERVATION COMMISSION CHAIRMAN JOYCE MILLER
Waltham Street Brook Cleanin
The board discussed a memo with Mrs. Miller from her, dated
May 10, 1993, in which she reported that the Waltham Street brook
cleaning project can go forward this summer with relatively minor
cost to the Town using contributions from private individuals,
prison labor for hand cleaning, labor and machinery from Mr.
McLaughlin for machine cleaning; and with the Engineering and
Conservation Departments preparing plans and the Notice of Intent.
She added that they would like to get started as soon as possible.
Mrs. Miller described the scope of the brook cleaning as from
Waltham Street near Valleyfield Road, through Dunback Meadow to
Bowman School. She added that John Carroll, Mike Fortan and Don
Wilson have given generously of their time and expertise, and
recommended that all go and see the newly mowed fields along
Waltham Street, done by Mr. Carroll.
In response to a question from Mr. Dailey as to what the Board
could do, Mrs, Miller asked for a statement of support from the
Board to go forward. The Board expressed its enthusiasm and
support for the project, and offered the help of Town Engineer
Frank Fields and Director of Public works Dick Spiers,
Brook Stud
Mrs. Miller reported that the study should be completed by the
end of summer, and ready to be presented to the public .
Watershed Mana ement Advisor Committee
Mrs. Miller reported that she has talked with the Town Manager
about developing a charge for a Watershed Management Advisory
Committee and will work with him on this and on developing a
membership list to propose to the Board.
Minutes for the Meeting of June 28, 1993
Mr. Dailey thanked Mrs. Miller for her report, and wished her
success in the Commission's endeavors.
!.i
J
MEET WITH GEOFF BECKWITHt EXECUTIVE DIRECTOR OF MMA
Mr. white introduced Executive Director for the Massachusetts
Municipal Association, Geoff Beckwith. Mr. Beckwith presented the
Board with an update on the State's FY94 budget and MMA's plans for
the future.
Mr. Beckwith reported that approximately 46 million dollars of
State lottery funds originally earmarked for local aid is now being
proposed to pay for the Education Reform Bill, and that MMA is
strongly protesting this action, and that the State Legislature
needs to hear from cities and towns about pending legislation.
In the area of health care, MMA, Special Firefighters, the
Mass. Assoc. of Teachers and the Retirees Assoc. have agreed to
some coalition bargaining that would allow cities and towns to get
out from under some of the rigid requirements of CH 32B.
In discussing the Education Reform Bill recently passed, Mr.
Beckwith reported that MMA has just begun dealing with the implica-
tions of this bill, and noted that it is MMA's position that cities
and towns should have the right to establish what they wish to
spend on education.
In response to questions from the Board, Mr. Beckwith reported
that the Governor has signed the Education Reform bill into law.
Mr. white noted that funding for the Bill in not in place. Mr.
Beckwith also reported that the House and Senate have provided 30
million dollars for MwRA rate relief; that MMA is proposing legis-
lation for a complete ban on unfunded mandates, such as the unfund-
ed Education Reform bill, in an effort to instill a sense of
accountability in the legislators; that MMA will be keep watch on
the unfunded mandate for Library aid proposed to cover non - resident
lending in towns such as Lexington; and that he agreed that formu-
las used to figure distribution of state funds to cities and towns
was unfair to Lexington.
Mr. Dailey expressed the Board's appreciation for Mr. Beck -
with's report on state legislation and MMA's activities. Mr.
Beckwith thanked the Board for its invitation to meet with them,
and said that he hoped he could return for further MMA updating.
REPORT ON CAT _ RATE REGULATIONS
Mr. Dailey invited all CATV members present to join the Board
for a discussion of Rate Regulation and Customer Service Standards.
CATV Chairman Julian Bussgang introduced the Committee members and
reviewed a memo to the Board from the CATV Committee, dated June
20, 1993.
Mr. Bussgang said that the purpose of the memo was to outline
the Town's current understanding of the 1932 Cable Act and to
recommend that the town consider taking certain actions regarding
cable TV rate regulation, including formally adopting the customer
service standards prescribed by the FCC.
Mr. Bussgang briefly described the three categories of cable
services under the Act: Basic Services, which can be locally
regulated; Cable Programming Services, all services that are not
Basic or Premium and whose rates will be regulated by the FCC# and
Minutes for the Meeting of June 28, 1993
5
Cable Premium Services, which are not regulated and are sold
individually to subscribers who can not be required to purchase any
service other than Basic to receive a Premium channel.
The Board also discussed "Summary of Actions for Consideration
by the Selectmen ", dated June 28, 1333 included with the Memo.
Upon motion duly made and seconded, it was voted to issue a
written notice via certified mail to the cable company about the
Town's intent to enforce FCC service standards.
The Board also agreed to send letters to the FCC and to Cong-
ressman Markey requesting clarification as to whether the 1932
Cable Act intended to permit local rate regulation; to send letters
to Sen. Robert Havern and Rep. Stephen Doran requesting their
support of the Barrett Amendment, which permits local rate regula-
tion by communities that want a waiver from having their cable
rates regulated by the State; and to schedule a Franchise Renewal
briefing by the State Cable TV commission.
Mr. McSweeney praised the Committee, and ex apprecia-
tion for its hard work.
APPOINTMENT FOR THE HANSCOM FIELD ADVISORY COMMI TEE
Mr. Fenn, Lexington's Selectman Representative on HATS II,
proposed Joan Goldmann, 79 North Street, Lexington, to serve as
Lexington's representative on the Hanscom Field Advisory Committee
for a term of office expiring June 30, 1995.
Upon motion duly made and seconded, it was voted to ap
the appointment of Joan Goldmann, 79 North Street, Lexington, to
serve as Lexington's representative on the Hanscom Field Advisory
Committee for a term of office expiring June 30, 1995.
HATS
Mr. Fenn reported that a kind of charter service is proposed
by a Lexington resident to provide commuter service between Wash-
ington DC and Lexington five days a week, leaving about 7:00 a.m.
and returning at 7:00 p.m. in the evening. Mr. Fenn said that
there are number of legal questions about this request that he
would like answers for. He asked that the Board consider approving
the expenditure of $500.00, to be added to that amount contributed
by the other three HATS towns, for legal expenses incurred by any
legal work necessary.
Edwin Liebermann, 6 Augustus Road and co -chair of People
Against Hanscom Expansion, supported Mr. Fenn's request for funds
for HATS, and spoke of the need to stop the establishment of
corporate commuter services operating out of Hanscom Field.
Margaret Coppe, President of the League of women Voters of
Lexington also spoke of the League's opposition to the commuter
service proposal.
DEPOT , SQUARE REPORT
�,... Steven Hurley and Donald Ol son presented a p plan
for the improvement of the Emery Park /Depot Square area, which is
the result of the Emery Park /Depot Square Study Group's work for
the past two or three years.
Also presented was a Report of the Study Group, dated June 28,
1993, including a membership listing of the Study Group, Focus
f
Minutes for the Meeting of June 28, 1993
7
Committees /Organizations /Individuals, Goals, Funding, Documenta-
tion, the Design /Construction Process and a schedule for action in
the upcoming year.
The Board was asked for its sense /consensus that this was a
direction it would like see the plans move toward. It was general-
ly agreed that the Board was pleased with the preliminary plan.
Some concern was expressed about the proposed 90 degree parking in
f runt of the bank.
Mr. Dailey thanked the representatives of the Study Group for
the their presentation and encouraged them to move forward.
THOMAB..SULLIVAN RESOLUTION
Michael O'Sullivan presented a Resolution honoring Lexington
Citizen Thomas Sullivan, recognizing his many years of dedicated
service to the Town. Mr. O'Sullivan also reported. that Sacred
Heart Church was donating a tree and Wilson's Farm will be donating
a bench in his honor, for the beautification of Robbins Park.
Upon motion duly made and seconded, it was voted to approve
and endorse the Resolution, on behalf of the Community.
STRATEGIC PLANNING
Mr. white reported that the Steering wheel Committee has
agreed that the strategic planning process should be separated from
the budget communication and planning process. Mr. white added
` that he believed that the Board could endorse in principle, Jay
Kaufman's memo, dated 6/23/93, which includes implementation plans
for the budget process and for a pilot strategic planning process.
Mr. white suggested that the Board be responsible for appoint-
ing a study and implementation group after consultation with the
School, Appropriation and Capital Expenditure Committees, that
would be charged to develop implementation plans and make recommen-
dations on how to engage the community in a strategic planning
process.
Mr. white also proposed that the Town Manager's Office facili-
tate, organize and coordinate the study and implementation group's
efforts until an implementation program is approved, by the Board.
Mr. white asked for the Board's endorsement, in concept, of
the implementation of the budget process and of the pilot strategic
planning process based on Mr. Kaufman's memo dated 6/23/93, with
the qualifications and general guidelines made by the Town Manager.
Speaking on behalf of the School Committee, Al Zabin said they
looked forward to working successfully with the Committee.
In response to a question as to what the Committee will
implement, Mr Dailey said its work will result in a report that
will advise on the format o f hearings, where and how they will be
conducted, so as to involve the maximum number of citizens possible
in the budget process, but will not in any way interfere with the
statutory budgetary process that must be followed by the Town and
the School Committee. Mr. Dailey also announced that the Group
will. be meeting this Thursday at 7;00 a.m.
SELECTMEN'S AD-HOC 2A REVI W COMMIT E
Mr. white reported that the - Selectmen's Ad -Hoc Route 2A Review
Committee has just about completed its charge as outlined by the
Minutes for the Meeting of June 28, 1993
8
Board, and that they have met several times prior to a public
hearing held on Wednesday June 23, which was moderated by Mr.
McSweeney.
Mr. white said that about 50 Town Meeting members and citizens
attended the hearing, where Engineer Richard Cook, from Boston
Survey Consultants presented a detailed outline of what was pro-
posed along Marrett Road near the intersection around the hotel
area and Voke Tech School, which was followed by the report of the
Committee and a question and answer period .
Mr. White also said that two issues had been identified that
he wished to bring to the Selectmen's attention and encourage
follow -up: 1) to consider the installation of a wooden sidewalk
along the Voke Tech Side of Route 2A to improve safety but avoid
further wetlands encroachment and allow the installation of two
automated crosswalks, one at the hotel and one at Voke Tech Avenue;
and 2) that the Ad-Hoc Committee be kept active for a while longer
to deal with questions and concerns during the permitting process.
The Board agreed that the Committee remain active for the present.
ACCEPT ON BEHALF.OF THE TOWN - BETTIE CLARKE SCHOLARSHIP FUND
Mr. Dailey referred to a letter from Eric Clarke and two of
the children who are anxious to have the scholarship fund begin to
be administered. Mr. Dailey also read the eligibility requirements
for a potential recipient of the scholarship, which he said were
Wonderful criteria and typified Mrs. Clarke's life in Lexington.
Upon motion duly made and seconded it was voted to accept on,
behalf of the Town, the Bettie Clarke Scholarship Fund.
ACCEPT BEHALF OF THE TOWN JACQUELYN R. SMITH MEMORIAL
INTERNSHIP FUND
Mr. Dailey asked the Town Manager to describe the nature of
the fund and how it will be administered by the Town.
Mr. White said that for many years the Town has had a formal
internship program, either a summer one or a year long one, funded
with Town funds, and that Mrs. Smith had encouraged and supported
these programs while serving on the Planning Board and the Board of
Selectmen.
Mr. White added that the family of Mrs. Smith in its consider-
ation of how to respond to grieving friends who wished to make a
charitable contribution in Mrs. Smith's name, remembered her strong
support of the Town's internship program and established the
Jacquelyn R. Smith Memorial Internship Fund.
Mr. White explained that, under the trust, funding would be
available for qualified candidates to attend professional workshops
and for other profession development opportunities, and that two
members of the Smith family, if available, and the Town Manager
would administer the fund. He added that, to date, $5,025.00 had
been received.
Mr. Dailey said that all knew how interested she was in the
internship program and spoke of what a very special friend she had
been, and of how much she would be missed.
Upon motion duly made and seconded, it was voted to accept, on
Town's behalf, the Jacquelyn R. Smith Memorial Internship Fund.
� "i
Minutes for the Meeting of June 28, 1993
R]
AUTHORIZATION OF "OPERATION WATER SENSE
Mr. White explained that the Board needs to sign the authori-
zation for beginning "Operation Water Sense" sponsored by the MWRA,
which was discussed at its last meeting.
Upon motion duly made and seconded, it was voted to authorize
the program "OPERATION WATER SENSE" to be conducted in Lexington,
and to sign the letter to Lexington residents encouraging them to
participate in the program.
CONTRACT AWARD - WATER MAIN CLEANING AND LINING
The Board reviewed a memorandum to Mr. 'White from Director of
DPW Richard Spiers, dated June 22, 1993.
Mr. White noted that six sealed bids had been received, and
that he recommended the contract be awarded to Biszco Contracting
Corp. with a low bid of $210,106.39.
Upon motion duly made and seconded, it was voted to award
Contract 93 -2 Water Main Cleaning Lining to Biszco Contracting
Corp., 20 Development Street, Fall River, MA 02701, in the amount
of $210,106.39 on the basis of their being the lowest qualified
bidder, subject to Town Counsel's approval as to bid form.
CONCRETE BURIAL BOXES AND VAULT
The Board reviewed a memorandum, dated 6/3/93, to Mr. White
from Warren Monsignore, Superintendent of the Cemetery Division.
Mr. White reported that on May 13, 1993, seven sealed bids for
Concrete Burial Boxes were opened and one company, Means Pre - -Cast
Company, Inc., submitted a bid.
Upon motion duly made and seconded, it was voted to accept the
low bid of Means Pre -Cast Company, Inc. for the concrete burial
boxes and vaults as found in the .June 3, 1993 memorandum from
Superintendent Monsignore.
CHAPTER 90 RESURFACING
Mr. white asked that the Board approve and sign two copies of
a contract for a Chapter 90 Project Request, M.A. *34664 for street
resurfacing at an estimated cost of $24,121.65 f or which the Town
will be reimbursed.
Upon motion duly made and seconded, it was voted to approve
and to sign the contract.
EXECUTIVE SESSION
Upon motion duly made
call vote: Mr. Dailey, Mr
into executive session for
bargaining, the disclosure
interests of the town with
and seconded, it was voted 4-0 by roll
McSweeney, Mr. Busa , Mr. Fenno to go
discussion of matters of collective
of which might adversely affect the
no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at
10:45 p.m. /-
A true record, Attest:
Z _ �Ji #&
Sara I. Peters
Executive Clerk