HomeMy WebLinkAbout1993-10-BOS-min SELECTMEN'S MEETING
October 4, 1993
A regular meeting of the Board of Selectmen was held on
Monday, October 4, 1993 , in the Selectmen's Meeting Room, Town
Office Building, at 7 : 30 p.m. Chairman Dailey, Mr. McSweeney, Mr.
Busa, Mr. Fenn, Mrs. Eddison; Mr. Cohen, Town Counsel; Mrs. Novak,
Assistant Town Manager; and Mrs. Peters, Executive Clerk, were
present.
NOTIFICATION PROCESS FOR TSAC HEARINGS
The Board discussed Mr. Fenn's proposal that a policy be
established where interested parties are notified in time to ensure
early abutter participation in TSAC discussions of traffic con-
cerns, in order to avoid some of the problems that arose during the
Harrington Road hearing process.
Mr. Dailey commented that there should be some way to notify
concerned citizens early in the process, without overburdening the
staff who must research and prepare abutters' notices, when some
•••• traffic concerns do not require extensive notification of abutters.
He invited Mr. Chalpin to outline the procedure now being proposed
by the Town.
Mr. Chalpin spoke of traffic concerns that could be described
as "high impact" and those that could be described as "low impact" ,
and outlined the Committee's proposal for notifying abutters in
both scenarios. In response to a question from Mr. Fenn about
getting neighbors involved early in the process, he described the
way the Wilson/Roosevelt Roads neighborhood group worked together
to solve a traffic problem, and were instrumental in working out a
solution acceptable to practically the whole neighborhood.
Mr. Chalpin also explained that all concerns except those
originating in the Town Manager' s office come to the Board before
being referred to the TSAC.
The Board agreed to continue the present process, as modi-
fied, that was outlined in the September 13, 1993 minutes.
ANNUAL SELECTMEN COMMITTEE APPOINTMENTS
BOARD OF APPEALS
The Board discussed the Board of Appeals nomination of Board
of Appeals Associate Member Judith Uhrig to fill the vacancy on the
Board of Appeals, and the nomination of Board of Appeals Associate
Member Robert Sacco, 15 Meriam Street, proposed by Selectman Busa,
to fill that vacancy.
Upon motion duly made and seconded, it was voted to appoint
owls Robert Sacco to fill the vacancy on the Board of Appeals for a five
year term expiring September 30, 1998.
A t•
Minutes for the Meeting of October 4 , 1993 2
BOARD OF APPEALS ASSOCIATES
The Board discussed the nominations of Carolyn Wilson, Gary
Larson and Joseph Campbell for two vacancies on the Board of
Appeals Associates.
Upon motion duly made and seconded, it was voted to appoint:
Carolyn Wilson 33 Oak Street, and
Joseph Campbell 260 Marrett Road,
to serve as Associate Members to the Board of Appeals; and to
reappoint as Associate Members to the Board of Appeals:
Nyles N. Barnert 142 Worthen Road
Natalie Riffin 39 Locust Avenue
Arthur C. Smith 51 Follen Road
Judith J. Uhrig 15 Vinebrook Road
for one year terms expiring September 30, 1994.
FAIR HOUSING AND HUMAN RELATIONS COMMITTEE
Upon motion duly made and seconded it was voted to reappoint
for a one year term, expiring 9/30/94, the following:
Florence A. Baturin 11 Alcott Road
James R. Brannon 380 Lowell Street
Nicole T. Herrmann 28 Tyler Road
Robert Pressmen 22 Locust Avenue
Upon motion duly made and seconded, it was voted to appoint
for a one year term, expiring 9/30/94 :
'm Hsi-Ching Liu, 4 Shaw Place
Upon motion duly made and seconded, it was voted to reappoint
for a two year term, expiring 9/30/95 , the following:
Peter Brown VP, Lex. Savings Bank, 1776 Mass Ave.
Mary Haskell 6 Trotting Horse Drive
Leona Martin 19 Thoreau Road
Gerri C. Weathers 14 Drummer Boy Way
Upon motion duly made and seconded, it was voted to appoint
for a two year term, expiring 9/30/95:
Marion D. de B. Kilson 4 Eliot Road
LEXINGTON COUNCIL FOR THE ARTS
Upon motion duly made and seconded, it was voted to reappoint
for a three term expiring 9/30/96, the following:
Vivian Berman 11 Barberry Road
Margaret A. Warner 476 Concord Avenue
UPDATE ON MET ST&TE DI SPOS IT,"ION PROCESS
S
Mr. McSweeney presented an update on the Met State disposition
process. He commented that in June of 1992, the Town very wisely
reactivated its Metropolitan State Hospital Land Task Force. He
reported that since then, the Lexington' s Task Force has been
meeting with similar committees in Belmont and Waltham to discuss
common goals and to prepare responses to State proposals for re-use
'Nom of the property.
Mr. McSweeney reported that there will be an MAPC Meeting on
the reuse of the,Metropolitan State Hospital property held Tuesday,
October 5, 1993 at 7:00 p.m. , in the Belmont Town Hall Auditorium.
He encouraged Board members to attend to hear the three chairmen of
Minutes for the Meeting of October 4 , 1993 3
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the re-use task forces present their task force's reaction to re-
use options that have been proposed.
The Board reviewed a Draft for Discussion, dated 9/30/93 ,
entitled "Met State Hospital Summary: Tri--Community Working Commit-
tee Findings" . Mr. McSweeney asked that after Board members have
had an opportunity to review the document, they get back to him
with any comments and recommendations they might wish to have
passed on, either in time for the meeting tomorrow evening, or
after that.
Questions and comments from the Board focussed on development
producing tax revenue; and what would happen to Trapelo Road
traffic levels from any development of the property.
Conservation Commission Chairman Joyce Miller commented that
the Commission is vitally interested in what uses are finally
approved for the land, and praised Mr. McSweeney for his dedication
and hard work as Lexington' s Task Force Chair. She added that the
Commission had concerns about allowing a golf course, given the
need for fertilizers and sprays to maintain a golf course.
Mr. Dailey thanked Mr. McSweeney for his excellent report.
EXECUTIVE SESSION MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the Executive Session held on September 27 , 1993 .
TRAFFIC ITEM
Upon motion duly made and seconded it was voted to refer the
traffic concerns of 11 citizens, who have requested that "CHILDREN'
signs be placed at both ends of Percy Road, to the Traffic Safety
Advisory Committee, for its review and recommendation.
SPAIG HEARINGS
The Board discussed a summary of the first two SPAIG hearings,
prepared by Cindy Boecker, an intern in the Town Manager's Office.
Mrs. Novak reported the Town Manager is considering using Ms.
Boecker as minute taker for all the hearings, if the Board agrees.
It was agreed Board members liked the format, and asked that this
type of summary be used for the remainder of the hearings, with Ms.
Boecker taking the minutes.
SCHOOL REFORM
Mrs. Novak directed the Board's attention to a memorandum from
the Massachusetts Department of Education, dated September 29,
1993 , dealing with the required foundation budget for schools, the
waiver process and related deadlines. She noted that last week the
Board signed a Memorandum of Agreement to request an appropriation
for the School Department at the 1994 Annual Town Meeting; that the
Town may need to request a waiver from the Department of Education
if it appears that the Town would otherwise need to appropriate
40.4 additional funds to meet the foundation budget level; and that the
deadline for requesting such a waiver is October 25, 1993. She
added that a preliminary analysis of the town' s foundation budget
has been done and that John Ryan will provide the Board with
information gathered, to date.
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Minutes for the Meeting of October 4, 1993
Mr. Ryan reported that he had talked today with two people
from the Massachusetts Department of Education who confirmed that
$676,000 is the amount that will be received from the State; and
that it is the Town' s intent that all of the $676,00 education
reform funds received by the Town will be applied to the School
Budget, as discussed by Town Meeting last year.
Mr. Dailey thought that there may be an additional $11 ,000
that will need to be appropriated at next year' s Town Meeting, and
said that it appeared that the Town will not file for any waiver
since it will meet all its obligations. He added that the Select-
men will discuss the matter with the Town Manager, the School
Superintendent, and School Committee Chairman John Oberteuffer, and
report back to the Board at its next meeting on October 18.
Mr. Ryan reported that the Town has scheduled a meeting for
October 19th in Boston with the Massachusetts Department of Educa-
tion to discuss further what is required by the State Education
Reform Act.
RESCHEDULE CATV HEARING
Mrs. Novak asked that the Board set another date for the
cancelled Cable TV License Renewal Processing Briefing that had
been scheduled for October 4, 1993, and was cancelled.
The Board agreed to reschedule the briefing for Tuesday,
October 26, 1993 in the Selectmen' s Meeting Room at 7:30 p.m.
GOAL SETTING
Mr. Dailey suggested that the Board hold a Goal Setting
session to discuss budget priorities as the Town Manager begins his
FY95 budget process.
The Board agreed to schedule one for Saturday, October 30,
1993 beginning at 8:00 a.m.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 5-0 by roll
call vote: Mr. Dailey, Mr. McSweeney, Mr. Busa, Mr. Fenn, Mrs.
Eddison; to go into executive session for discussion of matters of
litigation, the disclosure of which might adversely affect the
interests of the town with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at
9: 17 p.m.
A true record, Attest:
•
Sara I. Peters
Executive Clerk
dionk
SELECTMEN' S MEETING
October 18 , 1993
A regular meeting of the Board of Selectmen was held on
Monday, October 18, 1993 , in the Selectmen' s Meeting Room, Town
Office Building, at 7 : 30 p.m. Chairman Dailey, Mr. McSweeney, Mr.
Busa, Mr. Fenn, Mrs. Eddison; Mr. Cohen, Town Counsel ; Mr White,
Town Manager; Mrs. Novak, Assistant Town Manager; and Mrs. Peters,
Executive Clerk, were present.
AD HOC POLICE CHIEF COMMITTEE
Mr. White noted that last spring when Police Chief Paul Furdon
announced his intention to retire, Mr. White had appointed an Ad
Hoc Committee to explore recruitment concepts and to assist the
Police Department in the development of framework for implementing
a community policing effort in Lexington. He reported that the Ad
Hoc Committee had met throughout the summer; that it has completed
most of its charge; and that it was here this evening to present
its report.
Mr. Dailey invited Susan Beck, Chairman of the Recruitment
,,,, Subcommittee of the Ad Hoc Committee , to summarize its part of the
O
work, and to offer its recommendations on the following issues,
pursuant to its Charge.
Mrs. Beck reported that the Ad Hoc Committee recommends that a
Police Department Survey, developed with the help of Acting Chief
Casey, Sgt . O'Leary and staff from the Town Manager' s office, and
which was included for the Selectmen' s review this evening, be sent
to a random sample of Lexington residents in the next two weeks.
Mrs. Beck also reported that the Committee , with the exception
of Committee member Stephen Politi, recommends that an Article
appear in the 1994 Town Meeting Warrant removing the position of
Police Chief from Civil Service, and, if Town Meeting does remove
the position from Civil Service, that an open process to ensure a
wide range of applicants, including female and minority candidates,
be instituted. She added that if the position remains a Civil
Service position, the Committee recommends that the Chief be
selected from among the existing Captains and Lieutenants in the
Lexington Police Force ; that the Town Manager should make arrange-
ments for a promotional exam and Assessment Center to be adminis-
tered to interested candidates; and Acting Chief Casey should
continue to serve until a permanent replacement is named.
Questions and comments from the Board dealt with the process
of an Assessment Center; protection afforded by an employment con-
tract as opposed to protection afforded by Civil Service; the power
base a police chief may establish over the years; questions of
wow timing about filing a special bill with the State Legislature
following Town Meeting; whether the proposed Police Chief' s employ-
ment contract, also included with the material this evening, would
require a change in the Town Manager - Selectmen Act; who decides
whether the job is put into or out of Civil Service; questions on
the pros and cons of removing the position from Civil Service as
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Minutes for the Meeting of October 18 , 1993 2
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1 a it relates to the morale of a police department; and the need for
research into what has happened in other towns who have removed the
position of Police Chief from Civil Service.
Acting Chief Casey reported on work toward developing the
framework to implement a community policing effort in Lexington.
The Board expressed its appreciation for all the excellent
work done and for the report submitted by the Ad Hoc Committee; and
also agreed that the Acting Chief and the Police Department should
be congratulated for their assistance and cooperation.
Upon motion duly made and seconded, it was voted to approve
the promulgation of the survey and to authorize its mailing to a
random sampling of Lexington residents in the next two weeks. The
Board also agreed to schedule further discussion of whether or not
to recommend keeping the position of Police Chief in Civil Service
at the Board' s second meeting in November.
FIBER OPTIC CABLING PETITION
Mr. Dailey reported that he had invited members of the Town' s
Cable TV and Advisory Committee to attend this evening' s meeting to
hear information presented by MFS McCourt petitioning to install
fiber optic cable in Lexington, and that Chairman Julian Bussgang,
Caleb Warner and Ted Mairson were present.
Mr. White reported that some time this summer the Town was ap-
proached by MFS McCourt with a petition to install fiber optic
Om cable in Lexington, and that in response to this, invitations to
submit petitions were also sent by the Town to over 40 telecommuni-
cations companies on August 27 , 1993 . He added that two petition
applications were returned; and that MFS McCourt was the only
company that submitted a complete one.
Pete Elder, Right-of-Way Manager/Agent for MFS McCourt,
presented a brief history of the company; described what fiber
optic cable was , and its use; and explained the process of instal-
lation.
Mr. Elder introduced Larry Barant, Corporate Counsel , and Chet
Atkins, acting as a consultant to the Corporation.
In response to questions from the Board, Mr. White said that
the staff was concerned with potential problems with this emerging
technology and that this was why they invited bids from over 40
other companies. Other questions focussed on whether negotiations
are also occurring with other towns; the visibility of the wire
when installed overhead; and if any companies in Lexington have
expressed interest in using fiber optics cable.
Mr. Atkins noted that several companies in the Hartwell Avenue
area of Lexington, such as Raytheon, Digital Equipment and Lincoln
Labs, could be potential users of fiber optic cable, if it were
available in Lexington. He added that although the State does not
require any payment in lieu of taxes, MFS McCourt would be willing
to consider such payment.
Mr. White reported that three towns that have not given
approval for the installation of fiber optic cable are Bedford,
Arlington and Lexington, and he asked that the Board listen to the
presentation this evening, and allow the staff to negotiate with
the Corporation.
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Minutes for the Meeting of October 18, 1993 3
Mr. Barant and Mr. Atkins offered to meet with the Town' s CATV
Committee at its convenience to go over any questions the Committee
might have.
Mr. Dailey commented that the Board values and relies on the
recommendations of the CATV Committee, and it was agreed that the
Committee will be in touch with Mr. Atkins who will serve as
liaison with MFS McCourt for scheduling further meetings.
Town Counsel noted that what was given tonight was informa-
tional and following this, there will have to be a formal hearing.
Mr. Dailey declared this discussion session closed.
MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the meeting of September 27 , 1993 , as written, and
to approve the minutes for the meeting of October 4 , 1993 , as
amended.
EXECUTIVE SESSION MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the executive session held on October 4 , 1993 .
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitment of the following charges:
s Commitment of Water Charges - October 1993 $76 , 958 . 53
(cycle 9 bills)
ABATEMENTS
Upon motion duly made and seconded, it was voted to approve
abatement of the following charges:
Abatements: Water, Sewer & Demand - 10/93 - Total $36 . 95
ONE DAY LIQUOR LICENSE
Upon motion duly made and seconded, it was voted to approve
the Sons of Italy application for a One Day Liquor License for a
Dinner Dance to be held Saturday, October 23 , 1993 in Heritage
Hall , 177 Bedford Street.
ANNUAL SELECTMEN COMMITTEE APPOINTMENTS
DESIGN ADVISORY COMMITTEE
Upon motion duly made and seconded, it was voted to appoint
for a one year term expiring 9/30/94 the following.
Karen Bechtel 16 Lake Street
Hubert Murray 68 Cliffe Avenue
Upon motion duly made and seconded, it was voted to reappoint
for a one year term of office expiring 9/30/94 , the following:
Thomas Coffman 31 Lincoln Street
John Frey 1133 Mass. Avenue
o■,,,, Steven Hurley 70 Reed Street
i Barbara Hulsizer 2 Battleview Circle
Margaret D. Read 33 Barberry Road
John Vinton 11 Leonard Road
Elizabeth Whitman 5 Hancock Avenue
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ON DESIGN ADVISORY ASSOCIATES
Upon motion duly made and seconded, it was voted to appoint
for a one year term of office expiring 9/30/94 , the following:
Gary Larson 6 Wadman Circle
Carl C. Oldenberg 189 Burlington Street
Upon motion duly made and seconded, it was voted to reappoint
for a one year term of office expiring 9/30/94 the following.
Don H. Olson 30 Forest Street
Robert Ossman 35A Wachusett Drive
Walter Pierce 6 Trotting Horse Drive
TOWN CELEBRATIONS COMMITTEE SUB-COMMITTEE
Upon motion duly made and seconded, it was voted to appoint
for a one year term of office expiring 6/30/94 , the following:
Julie Miller 51 Taft Avenue
David C. Taylor 7 Kimball Road
TRANSPORTATION ADVISORY COMMITTEE
Upon motion duly made and seconded, it was voted to reappoint
for a three year term of office expiring 9/30/96, the following:
Donald M. Graham 4 Millbrook Road
Nicholas Santosuosso 2 Washington Street
HANSCOM FIELD ADVISORY COMMISSION
Upon motion duly made and seconded, it was voted to appoint
Michael Germer, 4 Dewey Road, to serve as Alternative Representa-
tive on the Hanscom Field Advisory Commission.
PROCLAMATIONS
Upon motion duly made and seconded, it was voted sign a
proclamation, presented by the Lexington Chapter of the Daughters
of the American Revolution, proclaiming November 11 , 1993 as the
75th Anniversary of the Armistice of World I , now known as Vet-
eran' s Day.
Upon motion duly made and seconded, it was voted to sign a
proclamation recognizing November 1993 as National Hospice Month.
TRAFFIC ITEM
Upon motion duly made and seconded, it was voted to refer
traffic concerns expressed by Russell Square residents , 1505
Massachusetts Ave. in a letter dated October 9 , 1993 , to the
Traffic Safety Advisory Committee for its review and
recommendation.
AD HOC ASSESSING COMMITTEE
Mr. Dailey invited Dr. Geza Szoni , Chairman of the Ad Hoc
Assessing Committee to update the Board on activities of the
Committee.
Dr. Szoni reported that the Committee had divided into four
sub-committees, each of which was assigned different tasks. The
first sub-committee was assigned the task of producing a document
explaining Lexington' s assessment and abatement process; the second
sub-committee was assigned the task of soliciting assessment infor-
mation from six selected comparable communities; the third was
assigned the task of creating a public information document and set
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.rte of guidelines, regarding operational procedures; and the fourth was
assigned the task of creating a set of documents that would provide
the tools needed to actually calculate and assess property values
if a taxpayer wished to do so. Dr. Szoni presented a draft docu-
ment, dated October 18, 1993 , that provides tools needed to calcu-
late and assess property values that was done himself, Paul Cher-
nick and Pauline Fennel and suggested that when the document is
completed it be printed.
Dr. Szoni , Mr. Busa, and Chairman Dailey praised the work of
the Committee, the Assessing Department and the Board of Assessors.
STREET TREE AND COMMUNITY PLANTING GRANT
Mr. White referred to two memos from Brian Gilbert, Superin-
tendent of Parks and Trees, announcing the receipt of two grants he
recently secured on behalf of the Town, and asked that the Board
hear Mr. Gilbert' s report on the grants.
Mr. Gilbert reported that the first grant for $2 ,000 was
awarded to the Bowman School Landscaping Committee through the
Massachusetts ReLeaf program which awards non-profit and community
groups funding that in this case will buy 15 trees to be planted at
the Bowman School entrance off Philip Road; and that the second
grant for $23 , 500, under the State SBA (Small Business Administra-
tion) program, was awarded to the Town' s Tree Committee. He added
that a determination of addition planting sites will be conducted
once small business contractors have been selected and costs per
posh tree has been bid.
Mr. Dailey congratulated Mr. Gilbert for carrying through on
the grant process and enabling the Town to receive the funding.
Mr. Gilbert thanked DPW Director Spiers, John Frey and Barbara
Hulsizer for their help, also.
LIGHTING IN THE PHEASANT BROOK II AREA
Mr. Dailey reported that in some of the newer sections of
Pheasant Brook lighting poles are in place with no fixtures, and he
mentioned that this might be the time to discuss the street light-
ing moratorium currently in place in Town. He suggested that the
Board discuss this at one of its meetings in November.
Mr. White mentioned that there are street lighting fixtures
throughout the Town that are not working for various reasons.
With the Board' s agreement, Mr. Dailey asked that the Town
Manager invite the Lighting Options Committee and any other inter-
ested citizens to the Board' s November 8th meeting for a general
discussion of street lighting in Town.
1986 DEBT REFINANCING
Comptroller John Ryan, Assistant Comptroller Linda Degrazia
and Revenue Officer Maureen Valente joined the Board to report on a
proposed refunding of 1986 School and Conservation debt of approxi-
mately $6. 47 million of $13 million originally issued. Mr. Ryan
explained that with the advance refunding of the debt issued in
sow
August 1986, it was anticipated that the Town may save nearly
$350,000 in interest costs over the life of the issue. He added
that the staff has begun to accumulate the necessary information to
schedule the sale of new bonds on November 18 , to refund the debt,
with delivery of the bonds scheduled for December 3 . 1993 .
on. Mr. Ryan said he would keep the Board informed on progress and
of any significant changes should they arise . The Board supported
the proposed refunding of the 1986 School and Conservation debt as
presented by Mr. Ryan.
White reviewed the Town' s free cash position with the Board.
He reported that there should be approximately $1 . 5 million in
Certified Free Cash when Moody looks at the Town' s upcoming debt
issue.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 5-0 by roll
call vote: Mr. Dailey, Mr. McSweeney, Mr. Busa, Mr. Fenn, Mrs.
Eddison; to go into executive session for discussion of matters of
litigation, the disclosure of which might adversely affect the
interests of the town with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at
10: 50 p.m.
A true record, Attest:
:14
Sara I . Peters
Executive Clerk,
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