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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 omo 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. , 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 F Minutes for the Meeting of October 18 , 1993 2 ew 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. f 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 r 4 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 5 .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, oft