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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 r "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. F 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 p 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. s I 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 f 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: y 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. r f a 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. 1�a 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 E Minutes for the Meeting of June 28, 1993 F, M.1 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