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HomeMy WebLinkAbout1993-11-BOS-min out SELECTMEN' S MEETING November 8 , 1993 A regular meeting of the Board of Selectmen was held on Monday, November 8 , 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. PUBLIC HEARING: Holiday Sunday Openings for Package Stores Mr. Busa excused himself from participation in the Public Hearing since he is the owner of the Busa Brothers Liquors, Inc. Chairman Dailey opened the hearing by reading the Public Notice, and by noting that letters have been received from the five package stores in Lexington requesting holiday Sunday openings, beginning on the Sunday before Thanksgiving and ending with the last Sunday before New Years. Mr. McSweeney asked if there had been any problems with the Sunday openings in past years, and was told by the Town Manager that there had been no problems. Mr. Dailey declared the hearing closed. Oft Upon motion duly made and seconded it was voted 4-0 to allow the five package stores in Lexington to conduct business beginning on the Sunday before Thanksgiving, November 21 , 1993 , through the Sunday before New Years, December 26, 1993 , in accordance with the regulations of the Alcoholic Beverages Control Commission, and with hours as amended by the Board, from Noon to 6 :00 p.m. Mr. William Simmons, 82 North Street, asked to speak. Mr. Dailey apologized for not seeing Mr. Simmons and reopened the hearing. Mr. Simmons urged the Board reconsider its vote, and not approve holiday Sunday openings, since he thought six days a week was sufficient time for the stores to be open for business. Mr. Dailey noted that most other municipalities allow package stores to remain open for special holiday Sunday openings, and that the Board took this into consideration when deciding whether to allow holiday Sunday openings, since local businesses would suffer if they could not compete. There were no other questions or comments and Mr. Dailey declared the hearing closed. Upon motion duly made and seconded, it was voted 4-0 to approve the applications of the following for permission to conduct business beginning on the Sunday before Thanksgiving, November 21 , 1993 , through the Sunday before New Years , December 26 , 1993 , in accordance with the regulations of the Alcoholic Beverage Commis- sion, and with hours as amended by the Board, from Noon - 6 : 00 p.m. mom Berman' s Market 55 Mass. Avenue Busa Liquors 55 Bedford Street Lexington Liquor Mart 58 Bedford Street 1775 Wine & Spirit Shop 1707 Mass. Avenue, Rear Vinebrook Liquors 131 Massachusetts Avenue Minutes for the Meeting of November 8 , 1993 2 Poi At 7 : 37 p.m. , Chairman Dailey adjourned the meeting to Esta- brook Hall , Cary Memorial Hall for the next two items on the agenda. Mr. Busa rejoined the meeting . BUDGET DISCUSSION Mr. Dailey welcomed members of the Capital Expenditures, Appropriation and School Committees, School Superintendent Jeff Young and interested citizens. He noted that this is the second of several meetings for the Board and the Committees to discuss budget and other FY95 issues. He added that it appeared that the FY95 budget could be five million dollars higher than last year' s budget, and listed the proposed reopening of Hastings School , rising health insurance costs, and rising school enrollments as major factors causing this increase. He said that School Committee Chairman John Oberteuffer and Dr. Young would talk about reopening Hastings School and rising enrollments, and Town Manager White would talk about rising health insurance costs. Mr. Oberteuffer reported that the School Committee has voted that in order to provide the best educational opportunities for the children of Lexington, Hastings School must reopen. Mr. Oberteuffer discussed cost saving programs supported or initiated by the School Committee with the municipal branch of Town Government , such as seeking Town-wide alternative health insurance options ; joint purchasing of supplies; joint municipal/school use Poi"" of maintenance personnel ; and joint accounting systems. He added 1 that the School Committee hoped that consensus could come from these discussions and a unified budget recommendation would be brought to the Town for the 1994 Annual Town Meeting. Mr. Oberteuffer asked the Selectmen to consider additional sources of revenue such as an override as the School Committee considers grants , fees , and other possible sources of revenue which might be generated by the schools, and added that the School Department needs to move ahead with its decision to re-open because school administrators face important deadlines both in regard to the opening of Hastings or the consideration of other alternatives. Dr. Young spoke of the necessity and desirability of re- opening Hastings as the important first step in maintaining the high educational level of Lexington schools; he discussed the impact of rising enrollment figures and class room sizes projected for the next five years, based on whether Hastings School does or does not open next year; and what the Committee agrees is needed to maintain the high educational level of the Lexington Schools. He noted that as of today, there are 114 open spaces for children in the five elementary schools, and added that the use of modular classrooms and going to half day kindergarten sessions have been studied and rejected both on educational and financial grounds. Mr. Dailey asked Town Manager White to update the meeting on health insurance concerns. Before discussing health insurance , Mr. White announced that the State Department of Revenue was about to Poi certify the Town' s free cash at around 1 . 4 million, which was good 1 news in terms of receiving a good bonding rate from Moodys on bor- rowing done by the Town, and added that the spending freeze insti- tuted last December helped the Town maintain its AAA bond rating. Minutes for the Meeting of November 8 , 1993 3 Pm Mr. White discussed health insurance issues, and reported on the work of the Ad Hoc Benefits Committee made up of representative from all organized and unorganized health insurance recipients in Town. He reported that the Committee met approximately 20 times since last March, gathering information and that its next step is to begin to discuss alternative ways to provide health insurance. Assistant Town Manager Novak said that assuming no change in the health insurance programs offered by the Town, there will be approximately an $800 , 000 increase in health insurance benefit costs . She explained that all towns must offer indemnity plans , such as Blue Cross Master Health Plus; that Lexington has the highest percentage of participants in this most expensive type of health insurance; and she compared Lexington' s benefit packages with other Towns . Assistant Town Manager Novak reported on the Benefits Open House held September 28 - 30 in Cary Hall to which all employees, families and retirees were invited; where a survey to provide feedback from all who attended, was distributed; and which resulted in over 200 responses. She distributed a memorandum, dated October 25 , 1993 reporting the results of the open house. Mr. Dailey opened the meeting for discussion, which included a question from Dr. Szonyi , 177 Cedar Street, on what school enroll- ment projections were based on and whether they were accurate, which was answered by a school administrator, and with comments '"u` from Mr. Collier, 2 Barberry Road. Support was expressed by a resident for the reopening of Hastings School . Also asked was why the Ad Hoc Benefits Committee was not further along. Mr. White explained the collective bargaining process and the problems it makes with the development of a health care process. TMMA President Peter Enrich discussed the resolution passed at Town Meeting resulting in the formation of the Strategic Planning Group; noted the meeting of TMMA scheduled for next week; and said that TMMA needs to know where the Town stands on these matters. Mr. Dailey summarized what the Selectmen considered the problem to be - the 5 million dollar increase in the budget, and how to fund it. He said the Selectmen hope to meet with the Capital Expenditures Committee and the Appropriation Committee very soon and whatever funds become available will go for school needs , to deal with the projected increase in enrollment of 220 children. The Board was asked whether it would support an override this year. Mr. Dailey commented that the Board was not prepared to answer this question yet, and that it depended on the amount of the override , among other things. Appropriation Committee Chairman George Burnell reported that the Committee is examining criteria for class sizes in order to develop a recommendation. He suggested that health care figures be ,ow compared with private sector companies; and reported that the Committee was working on ways to privatize and regionalize services offered by the Town. He invited Board members and School Committee members or designated representatives to join their deliberations. Minutes for the Meeting of November 8 , 1993 4 Mr. Dailey thanked all who had joined the Board for tonight ' s meeting, and said the next joint meeting will probably be held in late December or early January. STREET LIGHTS Mr. Dailey discussed the moratorium on street lighting in effect for the past three years because Boston Edison has only authorized the installation of high pressure sodium vapor lighting to replace incandescent and mercury vapor lights currently used in Lexington. He noted that many citizens have been without street lighting for long periods of time. Mr. Dailey reported that there are 16 unlit streets in Lexing- ton, some of which have been unlit for as long as 12 years , and suggested that some of these unlit subdivision streets have trial installations of other lighting types that have been recommended by the Lighting Options Committee than those proposed by Boston Edison. Lighting Options Committee Chairman Myla Kabat-Zinn discussed an agreement between Boston Edison and the Town, which authorized the installation of 50 experimental street lights on a trial basis , and a street lighting pilot program already in place on Percy Road and Bloomfield Street where 10 color-corrected high pressure sodium vapor lights were installed about 2 months ago, and which she invited all interested citizens to go and look at. She thought there were some wonderful lighting options that could be set up throughout the Town in the next several months. In response to questions , the Committee' s consultant , Chris Whitman, said that the high pressure sodium vapor lighting is the lowest cost type of lighting, but results in a high glare type of lighting, and that the Committee agreed that incandescent lighting was no longer practical , but that there were color corrected light- ing types that should be considered as an alternative to the high pressure sodium vapor lighting. Mrs . Kabat-Zinn said the Committee expected to be ready with an alternate lighting proposal in time for the next Town Meeting. Safety concerns were expressed by Board members that subdivi- sion streets without lights have lighting installed as soon as possible, as well as other streets now without lighting. In response to other questions, it was noted that the agreement with Boston Edison calls for the installation of 50 lights and there is a need for 90 lights. Mr. White explained that persons without lighting on their streets were invited to this discussion to hear of the different types of lighting in general , and he explained the ones now under consideration, and noted that presently, high pressure sodium vapor lights are the only ones the Town is authorized to service . Mr. White asked DPW Director Richard Spiers to explain the fiscal problems with getting the lights installed, noting that the ft FY94 Street Lighting Budget of $488 , 946 appeared to be short o between $10 , 000 - $12 , 000 , based on Boston Edison Co. estimates. Mr. Spiers directed the Board' s attention to a memo to Mr. White from Mr. Spiers, dated November 4 , 1993 , entitled Street Lighting Options, and also presented an estimate of the time it would take to get the work done. Minutes for the Meeting of November 8 , 1993 5 es- ' Mr. Dailey asked if the Committee could come up with an over- all Town-wide plan by the end of January, and was told it would depend on cooperation from Boston Edison. Mr. Dailey proposed: 1 ) that the town contact Boston Edison and ask if the 50 fixtures they agreed to install could be in- stalled in the oldest subdivision streets now without lighting ; and 2 ) that the Lighting Options Committee reach agreement on the type of lighting it thinks is the best , so that all will be working to reach a solution to get lighting on presently unlit streets. He suggested that everyone return to the next Selectmen' s meeting on November 22 , 1993 prepared to discuss how quickly the 50 lights already agreed to by Boston Edison can be installed. At 10 : 25 p.m. , Mr. Dailey adjourned the meeting in Estabrook Hall , Cary Memorial Hall , and at 10 : 30 p.m. , reconvened the meeting in the Selectmen' s Meeting Room, Town Office Building. MINUTES Upon motion duly made and seconded, it was voted to approve the minutes for the meeting of October 18 , 1993 . EXECUTIVE SESSION MINUTES Upon motion duly made and seconded, it was voted to approve the executive session minutes for the meeting of October 18 , 1993 . ti TRAFFIC ITEMS Upon motion duly made and seconded, it was voted to refer to the Traffic Safety Advisory Committee , the following concerns: 1 ) Estabrook School - for a "No Parking At Any Time" zone on both sides of the roadway at Estabrook School from Grove Street up to the bus circle; and at the Lexington High School , approval of two existing signs presently located at the Waltham Street exits of the staff and student parking lot driveways . 2 ) Winter/Morris/Sullivan Streets -- request that a GO SLOW CHIL- DREN be posted in the area. USE OF BATTLE GREEN Upon motion duly made and seconded, it was voted to approve the request of the Town Celebrations Committee to use the Battle Green on the following dates, for the following times. Veterans Day, Thursday, Nov. 11 , 1993 - 7 : 00 AM to 12 :00 Noon Patriots' Day Rehearsal , Sunday, April 17 , 1994 - Noon to 5 : 00 PM Patriot ' s Day, Monday, April 18 , 1994 -- 4 : 00 AM to 6: 00 PM Memorial Day, Monday, May 30 , 1994 - 8 : 00 AM to 1 : 00 PM APPOINTMENTS TO THE PERSONNEL ADVISORY BOARD Upon motion duly made and seconded, it was voted to make the Po„ following appointments to the Personnel Advisory Board for three year terms , expiring 9/30/96 . Laurie Smith Peck 6 Doran Farm Lane Katherine H. Page 11 Hunt Road Evelyn Silber 8 Tricorne Road Minutes for the Meeting of November 8 , 1993 6 oft CLOSING OF 1994 ANNUAL TOWN MEETING WARRANT Upon motion duly made and seconded, it was voted to close the Warrant for the 1994 Annual Town Meeting on December 29 , 1993 at 5 : 00 p.m. CONSENT AGENDA COMMITMENTS Upon motion duly made and seconded, it was voted to approve commitment of the following charges. Commitment of Water Charges - Oct. 1993 $127 . 00 ( addit. June 1993 bills ) Commitment of Sewer Charges - Oct. 1993 $175 . 60 ( addit. June 1993 bills ) Commitment of Water Charges - Oct. 1993 $2 , 873 . 29 ( final bills ) Commitment of Sewer Charges - Oct . 1993 $5 , 439 . 06 ( final bills ) ABATEMENTS Upon motion duly made and seconded, it was voted to approve abatement of the following charges. Abatements: Water, Sewer & Demand, 10/22/93 - Total $88 . 11 REPORTS OF THE TRAFFIC SAFETY ADVISORY COMMITTEE ( TSAC ) Peter Chalpin, Chairman of the TSAC presented the Committee' s soft Report on following resident traffic concerns. Greenwood Street at Asbury Street Mr. Chalpin reported that at the TSAC meeting of June 30 , 1993 , the Committee met with Mrs. Anne Frymer, 64 Asbury Street, to discuss her request for the installation of STOP signs on Greenwood Street at Asbury Street. Mr. Chalpin said that the Committee recommends that STOP signs be installed on Greenwood Street at Asbury Street, because warrants for STOP signs are satisfied, due to the topography and side friction at and approaching this intersection. Upon motion duly made and seconded, it was voted to approve the Traffic Safety Advisory Committee recommendations for traffic safety improvements on Greenwood Street at Asbury Street. York Street Mr. Chalpin reported that at the TSAC meeting of June 30 , 1993 , the Committee met with Mrs. Nancy F. Burke , 24 York Street to discuss her request for a CAUTION CHILDREN sign in the vicinity of 44 York Street , for traffic travelling down to Grant Street. Mr. Chalpin said that due to the narrowness, grade and winding nature of the roadway from Woodland Road to Grant Street, the warrants for CAUTION CHILDREN signs in both directions are satis- fied, and the Committee recommends that two signs be installed, one at 44 York Street , and one on York Street at Grant Street. Upon motion duly made and seconded, it was voted to approve the Traffic Safety Advisory Committee recommendations for traffic safety improvements in the vicinity of 44 York Street and on York Street at Grant Street . Minutes for the Meeting of November 8 , 1993 7 oft First Baptist Church, 1580 Mass. Avenue Mr. Chalpin reported that at the TSAC meeting of June 30 , 1993 , the Committee discussed a recommendation from The Reverend Brian S. Dixon, Minister of the First Baptist Church, 1580 Massa- chusetts Avenue, that parking not be permitted next to the cross- walk in front of the church. Mr. Chalpin said that the Committee supported Reverend Dixon' s suggestion, and recommended it be adopted. He noted that this action had previously been taken at several crosswalks in the Center, and in each instance, the Committee believes that overall traffic safety was improved. Upon motion duly made and seconded, it was voted to approve the Traffic Safety Advisory Committee recommendations for traffic safety improvements in front of the First Baptist Church, at 1580 Massachusetts Avenue. Bryant Road Mr. Chalpin reported that at the TSAC meeting of June 30 , 1993 , the Committee met with Mr. and Mrs. Vincent Ippolito, 143 Emerson Gardens Road, to discuss concerns about recurring accidents on Bryant Road in front of their home involving the tree planted in the grass strip between the road and sidewalk, which has been hit four times in four years . Mr. Chalpin added that they have re- quested a CURVE sign on Bryant Road approaching Emerson Gardens Road be installed there . Mr. Chalpin said that the Committee recommends that the request for a CURVE sign be approved, and that the Committee also recommended that enforcement be increased, as allowed, since speed also seems to be a contributing factor. Upon motion duly made and seconded, it was voted to approve the Traffic Safety Advisory Committee recommendations for the installation of a CURVE sign in front of 143 Emerson Gardens Road, and that enforcement be increased, as allowed. ROUTE 2A - MARRETT ROAD WIDENING Mr. White reported that he had asked Dick Cook, the Town' s consultant from the Boston Survey Company, to update the Board on the Route 2A/Marrett Road proposed improvements since the public hearing last summer; of where the approval process is now; and what alternatives if any, in terms of scaling down the size of the project , that were discussed last summer at the hearing , would be acceptable either from state engineering or state and federal financing points of view. Mr. Cook reported that there has been some progress since the Secretary of Environmental Affairs , Trudy Coxe, issued a statement, dated June 1 , 1993 , that the Final Environmental Impact Report ( FEIR) submitted on the Marrett Road widening adequately and properly complies with the Massachusetts Environmental Policy Act, rola and with its implementing regulations, and that she had directed that the permitting process continue. He added that the FEIR has proposed changes to the roadway upgrade and drainage plan that will reduce environmental impacts to some degree. r Minutes for the Meeting of November 8 , 1993 8 oioni Mr. Cook said that in meetings with the Mass. State Highway Department three further actions were discussed and recommended: 1 ) that certain design changes be considered at the intersection of Marrett Road and the Vo Tech School driveway to minimize distur- bance of wetlands in the area; 2 ) the elimination of a drainage ditch for collecting storm water, to save a portion of a hill adjacent to the hotel on the other side of the road; and 3 ) the development of a spill containment plan as recommended in the FEIR Certificate . Not agreed to by the Mass. Highway Department were a pull out area for bus service; any modifications to the state maintenance yard or the entrance to the yard; and any significant modifications to the alignment of Forbes Road. Mr. Cook noted that the major unresolved issue was the State' s requirement that justification reports on what it called several major issues , which assumed the Town was making major changes to Route 2A, and which the Town said it was not doing . Mr. Cook also discussed traffic calculations and analysis that had previously been taken and recently repeated, and noted that the Town is proceeding on the assumption that Mass. Highway will agree to the installation of a sidewalk along Marrett Road. Questions and comments from the Board and the audience dealt with how many lanes Route 2A will contain. Mr. Cook replied it was hoped that one lane would be eliminated between Route 128 and Forbes Road, bringing it down to five lanes in that area; from Forbes Roads west, it would be four lanes; down to three lanes by the time the intersection of the Vo Tech driveway was reached; and down to two lanes before reaching the intersection of Old Mass . Avenue; Also discussed was the need for the Design Advisory Committee to get involved in the design process ; what approvals are needed in the process ; the need for timely update reports to be presented to TMMA and the Selectmen; a request that pressure be put on the Mass . Highway Department by the Selectmen, to reduce the width of the road; concerns that the proposed changes to be made to Route 2A are over-designed and too wide , especially in the National Park area; and the need to push for the removal of the Massachusetts Highway Maintenance Depot . Conservation Commission Chairman Joyce Miller discussed the Commission' s general position on the proposed modifications to Route 2A in that area, and reported that the Commission agreed that maintenance depot building should be closed and/or moved. Mr. Dailey thanked Mr. Cook for his excellent report . COMMITTEE RESIGNATION/APPOINTMENT Mr. White announced the resignation of Dr. Donald A. Goldmann, 79 North Street, from the Board of Health; and recommended the appointment of Martha C. Wood, 51 Gleason Road, to fill the vacancy on the Board of Health for the remainder of Dr. Goldmann' s term. Upon motion duly made and seconded, it was voted to approve the appointment of Martha C. Wood, 51 Gleason Road, to fill the vacancy on the Board of Health for the remainder of Dr. Goldmann' s term, which expires April 30 , 1994 . re 1 Minutes for the Meeting of November 8 , 1993 9 TAX CLASSIFICATION HEARING The Board discussed a memorandum, dated November 4 , 1993 , from Comptroller John Ryan to the Town Manager outlining the steps leading up to the Annual Tax Classification Hearing , and asking that the Board schedule the Tax Classification Hearing for Wednes- day, December 8 , 1993 . The Board agreed to hold the Hearing that evening. 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 collective bargaining , the disclosure of which might adversely affect the interests of the town, with the intent to return to open session. Open session was resumed at 11 : 45 p.m. APPOINTMENT OF TOWN MANAGER Mr. Dailey spoke of Board' s continuing work to put in place a more formal evaluation process for the Town Manager' s position than there was previously. He asked for Board member' s comments on Town Manager White' s performance in the position. Mr. Busa praised the work of the Town Manager, and spoke of the duty of the Selectmen to be more accountable to the residents who elected them. Mr. Busa moved that Mr. White ' s contract be ow renewed for a one year term. There was no second to Mr. Busa' s motion. Mr. Fenn spoke more on the evaluation process, describing it as a tool for providing guidance to the Town Manager. Mr. McSweeney praised the work of the Town Manager and said he believed that Mr. White had the best interests of the Board of Selectmen and the Town of Lexington at heart, but that he felt that it was time for the Selectmen to show more accountability in the evaluation process, and he moved that Mr. White be reappointed as Town Manager for a three year term, expiring November 15 , 1996 , with the stipulation that an annual evaluation be part of the process . Mrs . Eddison seconded the motion. Upon motion duly made and seconded, it was voted 4-1 , Mr. Busa voted in the negative , to reappoint the Town Manager for a three year term, expiring November 15 , 1996 , with the stipulation that an annual evaluation will be part of the process. Upon motion duly made and seconded, it was voted to adjourn at 11 : 59 p.m. A true record, Attest: 7:44.1 Sara I . Peters - Executive Clerk, SELECTMEN'S MEETING November 22 , 1993 A regular meeting of the Board of Selectmen was held on Monday, November 22 , 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. Burke, Acting Executive Clerk, were present. PUBLIC HEARING NEW ENGLAND TELEPHONE Mr. Dailey recognized Martin Doherty representing New England Telephone, who presented and explained the petition to lay conduit on Westview Street, Maguire Road and Hartwell Avenue and then into Lincoln Laboratory. Mr. Doherty explained that the fibre optic cable is actually owned by Digital Equipment in a joint venture with Lincoln Lab. Mr. Dailey recognized Fred Vote from MIT Lincoln Lab. who explained the necessity of installation of the fibre optic cable for an experimentation project of maybe 5 -- $ years in duration. Mr. Vote added that there would be no negative affect on telephone or cable lines, etc. Pim Upon motion duly made and seconded, it was voted to approve a petition by New England Telephone to lay conduit on Westview Street, Maguire Road and Hartwell Avenue and then into Lincoln Laboratory. RENEWAL OF LIQUOR LICENSES Upon motion duly made and seconded, it was voted 4-0 (Mr. Busa did not vote ) to approve the applications for the following Liquor License renewals : Restaurants: Arty' s Restaurant, Inc . Bel Canto Restaurant 177 Mass. Avenue 1709 Mass. Avenue Hartwell House Inc. LeBellecour 94 Hartwell Avenue 10-12 Muzzey Street Peking Gardens Sweet Peppers 27 Waltham Street 20 Waltham Street Versailles Restaurant, Inc. Yangtze River Rest. 1777 Mass. Avenue 21-23 Depot Square Lemon Grass Restaurant 1710 Mass. Avenue Innholder: Sheraton/Lexington Inn 727 Marrett Road Clubs : Lex. Lodge B.P.O. Elks #2204 Lex. Golf Club 959 Waltham Street 55 Hill Street Minutes for the Meeting of November 22 , 1993 2 Lex. Knights of Columbus The Lexington Club 177 Bedford Street 475 Bedford Street Lex. Veterans of Foreign Wars 2 Hayes Lane Package Stores: Berman' s Market, Inc. Busa Bros. Liquor, Inc. 55 Mass. Avenue 55 Bedford Street Lexington Liquor Mart, Inc. Vinebrook Bottle Shop 58 Bedford Street 131 Mass. Avenue Not approved was a completed ABBC license renewal application from 1775 Wine & Spirit Shop, 1707-R Massachusetts Avenue, since none was received. RATIFY PHONE POLL ONE- DAY LIQUOR LICENSES Upon motion duly made and seconded, it was voted to ratify the phone poll approving One Day Liquor Licenses for the Knights of Columbus on November 20 , and 27 , 1993 . CONSENT AGENDA COMMITMENT Upon motion duly made and seconded, it was voted to approve com- mitment of the following charges: Commitment of Water Charges - Nov. 1993 $72 , 737 . 03 (Cycle 9 bills) METROPOLITAN STATE HOSPITAL DEVELOPMENT Mr. McSweeney brought the Board up to date on progress. He distributed a map of the reuse plan which was last discussed on OctobeOr 4 . A breakdown of the roughly 350-360 acres in the total parcel is as follows: the solid black section is the proposed MDC reservation of 220+/- acres; the white/grey color along Trapelo Road is the proposed golf course ; and the sketches of the buildings which are in two areas, one in Waltham which is the Gabler Center, and the rest of the buildings, which are mostly in Lexington. Mr. McSweeney reported that on October 5 a public meeting was held in Belmont to explain the reuse items to date to the three communities and to get comments and concerns from the public. Upwards of 150 citizens attended. The main thrust of meeting was that the chairmen of task force from each community went through and explained the process and the reuse document as per their community. In Lexing- ton' s case the comments and concerns of the task force that had been meeting on a monthly basis were made an integral part of the reuse plan. Waltham seems to have more interest ; of the 150 attendees, about 130 were from Waltham. A lot of questions asked on the reuse document were mainly about the golf range, any of the housing scenarios and the traffic. As a result of that meeting, the smaller group decided to form three fact finding groups, one to try to get answers to questions about the golf range , one for housing and one for traffic. Each community has two representatives on the golf group. Assistant Planner Joseph Marino was instrumental in the formation of the housing Minutes for the Meeting of November 22, 1993 3 group, and Mr. McSweeney thanked him publicly for all his work. On November 4 , there was a meeting with all the representatives from Belmont, Waltham and Lexington that have an interest in housing. The Housing Authority, LEXHAB, and the Fair Housing Committee were well represented. The traffic group is being headed up by David Dixon who is a consultant for the state and they have met with the traffic representatives from each community. On December 1 there will be another tri--community meeting in Lexington at 7 p.m. in Cary Hall . The purpose will be to explain the results of the three fact-finding groups and obtain comments and concerns. Question and comments from the Board included what role the state is playing in the process. Mr. McSweeney thought the state has responded with resources to keep the process going by hiring Mr. Dixon as well as a golf expert. Mr. White added that the state has learned from the long vacant Boston State Hospital that they need to get involved in reuse process early. The state engaged the three commu- nities first; helped get the Executive Office of Transportation and Construction (EOTC) grant, and encouraged communities to look at alternatives . They have been deferential to the three communities in hopes of disposing of this property quickly. The Board thanked Mr. McSweeney for his report. 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 is"" go into executive session at 7 : 50 p.m. for discussion of matters of litigation, the disclosure of which might adversely affect the inter- est of the Town, with intent to resume open session. Open session resumed at 8 : 52 p.m. Mr. Dailey reminded the Board that as part of their outreach program, the December 6 Selectmen' s meeting will be held at the Harrington School. NESWC Mr. White indicated there have been many changes in the North East Solid Waste Committee (NESWC) , including a change in leadership with a new executive director as well as some new directions in management. Mr. Spiers and he thought this was a good opportunity to update the Board on NESWC and to introduce the new executive director of NESWC, Steven Rothstein. Mr. Spiers, as Lexington' s NESWC repre- sentative for seven years, has been a workhorse for the committee and is probably responsible for the new charter and the new directions. Mr. Spiers introduced Mr. Rothstein who began by highlighting some of the things the NESWC board has done in the past few months, and some of the challenges to be faced. He noted that in the late seventies the State went to several communities to promote a waste-to- energy plant that would result in zero tipping fees in the mid-90s since the State would soon be closing the unlined landfills. He added that Lexington and 22 other forward-looking communities formed the NESWC consortium. Mr. Rothstein explained that trash is taken to a plant in North Andover owned and operated by Wheelabrator Environmen- tal Technologies , in turn 58% owned by Waste Management, the largest waste disposal company in world. Wheelabrator operates 14 plants, with others getting permitted; North Andover, which came on line in Minutes for the Meeting of November 22, 1993 4 1985 , is among their oldest. Around the country, 12% of trash is taken to waste-to-energy plants; in Massachusetts, that figure is around 46%. He invited the Board to tour the plant, a 1 , 500-1 , 600 ton a day facility which generates 40 megawatts of electricity while processing over 460 ,000 tons of refuse annually. He explained the process whereby trash goes in, is burned, and transferred to steam and then electricity, which is sold to New England Power, with the ash taken to a landfill in Peabody and the remaining recyclable scrap metals sold off. Mr. Rothstein explained that today' s tipping fee of $85 .00 per ton is among the highest in Massachusetts and the country. He indi- cated that tipping prices have gone up dramatically because assump- tions of electricity are going up and closing of the landfills have not happened as rapidly as predicted. NESWC has been working to stabilize this in past few months by 1 ) refinancing the bond which translated into a $32 , 300 , 000 savings; 2 ) establishing a more aggres- sive investment program; and 3 ) reorganizing the NESWC board to improve the decision-making process and bring in new management. He said the challenges for the future include trying to stabilize these costs through renegotiating the take or pay provision with Wheelabra- tor, which is a disincentive to recycling, and renegotiating the disadvantageous contract with New England Power to get a higher price for electricity; looking for ways to fund the additional scrubbers required by the 1990 Clean Air Act; pursuing legislative opportunities and legal issues; and focusing on marketing to bring in additional communities to share costs . As part of the legislative process, NESWC will be coming to the Board asking for legislative support, for instance , to encourage the Department of Environmental Protection to close landfills. Questions and comments from the Board dealt with the tipping fee which is high compared to a state range from the mid-$20 to the high $90s, and the state-wide average of $58-60 per ton; questions about why the low price for electricity; and whether Wheelabrator makes a profit. Mr. Rothstein explained the contract with New England Power which is costing taxpayers money, and the reasons why it is difficult to determine whether or not Wheelabrator is profiting on this opera- tion. Mr. White gave some background to put a perspective on state' s role in forming NESWC and why the contract was advantageous at the time but not under today' s circumstances. On behalf of the Board, Mr. Dailey promised support and asked Mr. Rothstein that he be imaginative in the approach that he take. PERMANENT BOND AUTHORIZATION Mr. White asked the Board to confirm the sale of bonds of $8 . 2 million to State Street Bank and Trust at the very competitive inter- est rate of 3 . 7814%; and included refinancing of the remainder of school and conservation debt as well as other enterprise related borrowing and some additional school debt. He reported that the Town received five bids ranging from 4 . 2% to 3 . 7814%. The refinancing will owe save $413 , 436 over the life of loan. Mr. Dailey complimented Mr. White and Mr. Ryan for managing to sell the bonds at the very competitive interest rate. Questions and comments from Board included how many communities in Massachusetts have AAA rating . Mr. Ryan indicated 6 communities. Upon motion duly made and seconded, it was voted: That the sale Minutes for the Meeting of November 22, 1993 5 of the $8 , 155 , 000 Municipal Purpose Loan of 1993 Bonds of the Town dated December 1 , 1993 , to State Street Bank and Trust Company and Associates at $8, 155 , 774 . 73 and accrued interest is hereby confirmed. The bonds shall be payable on August 15 of the years and in the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Amount Rate Year Amount Rate 199'4= 270 ,000 3 .40% 1999$1 ,075 ,000 3 .80% 1995 1 , 240 ,000 3 . 40 2000 985 ,000 4. 00 1996 1 , 220,000 3 . 50 2001 850,000 4 . 10 19971 , 170 ,000 3 . 50 2002 100, 000 4. 20 1998 1 , 145 ,000 3 . 60 2003 100,000 4. 30 It was further voted: that the consent dated November 18 , 1993 to the certifying bank bidding for the bonds is hereby confirmed. DEVELOPMENT REGULATIONS Mr. White explained that over the past 2t years the Planning Board and Planning Staff have developed new subdivision regulations, new rules and regulations for special permits, and new standards for unaccepted streets . Bob Bowyer has completed these and Palmer & Dodge have reviewed the regulations and finds them to be a proactive ap- proach to the development process. As soon as regulations are filed with the Court and accepted, copies will be available for the Board. FY95 STREET ACCEPTANCE Mr. White introduced Town Engineer Frank Fields who described the seven streets under subdivision control as part of the street accep- tance process of laying out the streets, to be presented to Town Meeting for approval : Sanderson Road, Orchard Lane, Mead Circle, Taylor Lane , Battle Green Road, Royale Circle, and Sunset Ridge. Questions from the Board dealt with whether bond money was being held; whether street lights had to be in place; and whether Engineering approves and determines that street meets Town standards. All streets have lights except for Mead Circle and Taylor Lane. Mr. White made reference to the street light survey which was sent out recently to determine if sub- division residents want street lights, and if they want high-pressure sodium lights, or not. He will report the results to the Board soon. Upon motion duly made and seconded, it was voted to accept the streets as listed. POLICE CHIEF - CIVIL SERVICE Mr. White brought the Board up to date on the Police Chief appointment process since the Ad Hoc Police Chief Committee made a presentation to the Board and submitted a report to him relating to two issues : one on the police survey, which the Board authorized and is currently being processed, and the other on the recruitment pro- cess , specifically as to whether or not the position should remain in Civil Service. He indicated this is an opportunity for the Board to discuss the report and make a decision. Mr. Dailey asked for clarifi- cation of issues to be decided: Civil Service vs. no Civil service, and how to approach the recruitment of a new chief. Mr. White re- Minutes for the Meeting of November 22, 1993 6 sponded that if the Board decides to keep the position within Civil Service , it would be the Town Manager' s decision to keep the position promotional , from within the ranks. More discussion followed on the procedure of the appointment of a new chief. Questions were asked on the role of the assessment center in the process. Mr. White reported that the assessment center would have to be approved and sanctioned by Civil Service, and he would use a panel of experts to give feedback. He indicated that whether or not the position remains in Civil Service, the recruitment process would include assessment center. Questions and comments from the Board included whether the assessment center would be entirely subjective as opposed to a written test. Mr. White indicated the assessment center includes measurable oral and/or written exercises and responses which can be graded. An issue for Board is what procedures are used in recruiting the next Chief. In one case, the Town would be required to conform to Civil Service standards. In the other, the Town would use sound recruiting processes that are used in any critical recruitment like a Police Chief. Questions to Mr. White about the function of the panel of ex- perts. Mr. White responded that they would be used as an assessment tool , grading and evaluating candidates, and would be appointed by him in consultation with the consultants and the Division of Personnel Administration if the position remains in Civil Service. If the position is taken out of Civil Service, it will require action by Town Meeting to amend the Town Manager Act and action by the Great and sum General Court. When the Board decides on the Civil Service issue, Mr. White will come back to the Board with specifics about the assessment center. Question ensued about taking the appointment out of Civil Ser- vice, which would mean not being bound by veterans' preference; the Town can have control of tenure; and through a contract, protect the independence of Police Chief, separating politics from administration; and can set own minimum standards which would exceed Civil Service standards . Mr. White noted that right now minimum standards include no educational requirements and five years of administration for supervisory experience is the minimum qualification. Much discussion ensued on the advantages and disadvantages of Civil Service: the advantage of flexibility for the Town to set its own criteria outside Civil Service; political interference not being an issue for Lexington in the recent past; protecting the chief from political interference; and recognizing the chief must be accountable to the Town. Mr. White reminded the Board of the Ad Hoc Committee' s problem with Civil Service protection which was described as lifetime tenure ; and that the model contract the committee developed included criteria for continuing employment with a renewal process; the chief would be protected yet the Town would have accountability. Reference was made to the recommendation of the committee that Town Manager Act needs to be amended by Town Meeting to allow vote of majority of Board to remove a chief from office and also requires additional legislation on the state level . Mrs. Eddison summarized that the direction that the report is leading the Board in is the way the Town should go unless there is a major rewriting of the Civil Service requirements by the State. She asked that the Board revisit the report of the Commit- tee in a year so that the Board can examine the question of withdrawal from the Civil Service at a time when the Town is not filling a Minutes for the Meeting of November 22, 1993 7 vacancy for the Chief of Police. The Board agreed that the recommendations of the Ad Hoc Police Chief Committee Report to remove the Police Chief position from Civil Service should be considered again in the future, when it does not coincide with a particular appointment. The Board publicly thanked the Committee . Upon motion duly made and seconded, it was voted that position of Police Chief should remain within the Civil Service system. BOSTON EDISON SIDEWALK Mrs. Eddison complimented Boston Edison on the rapidity of design and construction of the brick sidewalk between Grant Street and Edison Way; she proposed the Board send letters to Boston Edison, John Frey and Steve Hurley and the Board agreed. Upon motion duly made and seconded, it was voted to adjourn at 10:04 p.m. A true record, Attest: .2;4'14-4-1-R4°-454-"I Pauline D. Burke Acting Executive Clerk