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HomeMy WebLinkAbout1987-11-BOS-min If a ` 6-fr r SELECTMEN'S MEETING November 2, 1987 A regular meeting of the Board of Selectmen was held on Monday, November 2, 1987, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Chairman Eddison, Mr. Marshall, Mr. Dailey, Mrs, Smith, Mr. McSweeney; Ms. Adler, Acting Town Manager; Mr. Cohen, Town Counsel; Mrs. Snow, Executive Clerk, were present. MMA AWARD, TOWN REPORT Ms. Adler reported that Lexington's 1986 Annual Town Report had again been awarded first prize in the Town's population group in the Mass. Municipal Contest. LEAF DISPOSAL The Hartwell Avenue landfill will be open on November 7 and 14 from 7:00 a.m. to 4:00 p.m. for deposit of leaves by residents. The leaves will be worked into compost and loam deposits for Town projects. Mr. Eddison urged that more publicity be given to this opportunity. Ms. Adler noted that flyers had been sent out by the Waste Management Task Force and that on November 7, there will be a Town-wide collection of bagged leaves to be taken to the landfill, thus saving on tipping charges. MINUTES Upon motion duly made and seconded, it was voted to accept as presented the minutes of the Selectmen's meeting on October 14, 1987. LEXPRESS/MBTA SERVICE AGREEMENT Upon motion duly made and seconded, it was voted to execute the FY88 LEXPRESS Service Agreement between the Town of Lexington and the MBTA, subject to final approval by Town Counsel. LIONS/U.S.S. LEXINGTON MEMORIAL William Fitzgerald, Lexington Lions Club, was present for discussion of plans for installation of a monument in memory of the five U.S. Navy ships named Lexington. The project is jointly sponsored by the Lions Club and the U.S.S. Lexington C-lf Crew. Mr. Fitzgerald introduced Charles Rydberg and Roland King, of the Blue Ghost Association, and Peter DiMatteo, architect, who had, with the assistance of Gary Larsen, designed the memorial. Mr. DiMatteo described plans for installation of five plaques, one for each of the five ships, and a sixth plaque, commemorating the site. A layout plan showing the proposed location and landscaping of the memorial on the grounds of the Visitors' Center was displayed. Mr. DiMatteo pointed "' ` out alternate locations for the installation, but felt that the proposed site would be most appropriate for visibility, without adversely impacting the character of the area. Mr. Eddison reported on a visit to the site by members of the Design Advisory Committee and himself, at which time a model of the memorial had been simulated to give a sense of its size and design features. -2- mom He had been favorably impressed by the design, but noted that he and some members of the D.A.C. and H.D.C. had questioned the proposed location of the memorial, feeling that the sense of openness on the grounds would be interrupted. Alternative sites to be considered were listed and he suggested that a set time be established for a visit to the site by Board members. Mrs. Smith acknowledged the work and effort of the Lions and the U.S.S. Lexington Association in planning the memorial. She observed that the location proposed is in the Town's most historic area and asked for input on that aspect from the H.D.C. , the Historical Commission, and the Historical Society. Mr. Eddison suggested that the D.A.C. and the Lexington Center Committee also be consulted. Mr. Marshall asked for specific information on the planting of trees at the perimeter of the memorial, as described by Mr. DiMatteo. He noted that trees were not shown on the plan and felt it important to know such details before voting on the proposal. He agreed to visit the site but said he was predisposed to the site proposed as a proper setting for the commemoration of part of Lexington's history. Mr. Rydeberg asked for permission to explain the reasons which prompted the project and presented a brief history of each of the five U.S.S. Lexingtons. Jim McLaughlin, Lions Club member, asked that the approval process be expedited to ensure that the memorial will be in place by Patriots' mow Day, 1988. Board members agreed to meet at the site on November 14th at 9:00 a.m. Representatives of the other agencies previously listed will be invited to attend. POLICE MANUAL POLICY COMMITTEE APPOINTMENT Mr. Eddison explained the requirement in the Charge to the Police Manual Policy Committee that the Chief of Police be appointed as a member of the Police Manual Policy Committee, noting that Police Captain Philip Taylor had been appointed as the Chief's designee. He asked that Captain Taylor's appointment be rescinded and that the Chief be appointed. Upon motion duly made and seconded, it was voted to rescind the appointment of Philip Taylor to the Police Manual Policy Committee and to appoint Paul E. Furdon, Chief of Police to the Committee for a term of office to expire on September 30, 1988. TRAFFIC ITEM Upon motion duly made and seconded, it was voted to refer the requests of Bridge Street residents relative to traffic concerns in the area, to the Traffic Safety Advisory Committee for review and recommendations. HANSCOM LEGISLATION, SENATOR AMICK mow Mrs. Smith excused herself from the meeting during discussion of pending legislation relative to Hanscom Field, because of her involvement on Massport. pf, Selectmen's Meeting -3- November 2, 1987 Mr. Eddison referred to a memo from Senator Amick, dated October 23,1987, in which she listed legislation relative to Hanscom Field which is to be refiled: S. 1298 - )7et F` y tax; S. 1302 - Massport payment to towns in liei of taxi an S. 1490 - local approvals for nonaviation related projects at Hanscom. The Senator asked for a statement of the Board's positions on the bills. Upon motion duly made and seconded, it was voted 4 - 0 to reaffirm to the Board's support of S. 1298; S. 1302; and S. 1490, as previously stated. RICHARD WHITE RECEPTION Mr. Eddison informed the Board of progress with plans for a reception for Richard White, Town Manager, which will be held on December 3rd, from 5 to 7 p.m. Mrs. Smith returned to the meeting at that time. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 5 - 0 by roll call vote, Mr. Eddison, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr. McSweeney, to go into Executive Session for discussion of matters of litigation and of land negotiation, with no intent to resume open moo session. Upon motion duly made and seconded, it was voted to adjourn at 9:15 p.m. A true record, Attest: --- �� Ma ion ' . Snow Executive Clerk rt 4 VOID i t e \,1\ k _x } SELECTMEN'S MEETING November 9, 1987 A regular meeting of the Board of Selectmen was held on Monday, November 9, 1987, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Chairman Eddison, Mr. Marshall, Mr. Dailey, Mr. McSweeney; Ms. Adler, Acting Town Manager; Mr. Cohen, Town Counsel; Mrs. Snow, Executive Clerk, were present. APPTS. TO CONSERVATION COMMISSION & COUNCIL ON AGING Upon motion duly made and seconded, it was voted to approve the appointment by the Town Manager of Lisa A. Baci, 55 Wood Street, to the Conservation Commission to fill the unexpired term of Francis W. K. Smith to 1989. Upon motion duly made and seconded, it was voted to approve the appointment by the Town Manager of Kevin Grimes, 47 Carville Avenue, to the Council on Aging, for a term of office to expire on June 1, 1990. Mr. Eddison referred to the backgrounds and qualifications of the appointees and commended Ms. Adler for her selection of both. SENIOR CENTER HEATING Ms. Adler reported that plastic sheeting is being installed, as lomm approved, in the atrium at Muzzey which should help to prevent heat loss in the Senior Center. Heating units to be installed are on order. MINUTES The minutes of the Selectmen's Meeting on October 19, 1987, were approved as presented. WARRANT, 1988 ATM, CLOSING DATE Upon motion duly made and seconded, it was voted to close the Warrant for the 1988 Annual Town Meeting on Wednesday, December 30, 1987, at 4:30 P.M. SERVICE OF WINE, TOWN HALL Upon motion duly made and seconded, it was voted to approve service of wine in the Town Office Building on December 3, 1987, from 5 to 7 p.m. , on the occassion of a welcoming reception for the new Town Manager, Richard White. FEE INCREASE, VIDEO COIN-OP MACHINE LICENSES Upon motion duly made and seconded, it was voted to approve an increase in the License fees for coin operated video game machines from $5.00 each to $20.00 as required under State statute. LEA USE OF BATTLE GREEN Mr. Eddison referred to the request of the Lexington Education Association for use of the Battle Green for a rally on Tuesday morning, November 10, to demonstrate concern over the lack of a contract between teachers and the School Committee. .A -2- Imo William Meade, Chairman of the LEA Crisis Committee, explained the lateness of the request because plans for the rally had just been formulated and because of misinformation on procedures for gaining permission to use the Green. The location had been chosen as a significant site for such a demonstration which is appropriate for LEA needs at this time. He further explained that a brief statement would be read at 7:30 a.m. and that the teachers would picket within the confines of the walk around the Green. Mr. Marshall said that although he was not in agreement with use of the Green to demonstrate on this particular issue, based on the right of free speech he would support the request if there would be no disruption of traffic or inconvenience to other citizens. Upon motion duly made and seconded, it was voted to approve the request of William J. Meade on behalf of the Lexington Education Association for use of the Battle Green on November 10, 1987, from 7:15 to 7:45 a.m. CONSENT AGENDA COMMITMENT OF STREET OPENING FEES & SEWER/WATER CHARGES Upon motion duly made and seconded, it was voted to approve commitment of Street Opening Permit Fees for October, 1987, in the amount of $347.25. Upon motion duly made and, seconded, it was voted to approve the commitment of Final Sewer Charges in the amount of $1,624.80 and Final ammo Water Charges in the amount of $1,595.48. CH. 90 REIMBURSEMENT FORM Upon motion duly made and seconded, it was voted to approve and execute a Chapter 90 Reimbursement form in the total amount of $104,405.00, as requested by the Mass. Dept. of Public Works. RESIGNATIONS, TOWN CELEBRATIONS COMMITTEE Upon motion duly made and seconded, it was voted to accept the resignations of Priscilla McGrath and Anthony Dziokonski from the Town Celebrations Sub-Committee, effective immediately. REPRESENTATIVE DORAN/SENATOR KRAUS Representative Doran met with the Board for discussion of pending legislation and other matters of mutual interest. Mr. Eddison expressed the appreciation of the Board for Mr. Doran's efforts and support given to issues of importance to Lexington. Senator Kraus arrived shortly thereafter. LEXINGTON LAND BANK BILL Mr. Doran reported that Land Bank legislation had been given favorable recommendations by the House of Representatives and had been sent to the House Ways and Means Committee, where it had reached a road block regarding the apportionment of revenue. It had been suggested that in addition to the 25% for housing and 25% for open space, 50% be available for funding of infrastructure, i n the case of municipalities with no remaining open space and adequate housing. poem Selectmen's Meeting -3= November 9, 1987 The Realtors Association and other organized interests are trying to have the bill defeated. SENATOR KRAUS Senator Kraus joined the meeting at that time and was asked for his sense of the Senate's vote if the Land Bank legislation gets out of the House. Senator Kraus felt that if the general land bank legislation does not succeed, the Lexington bill could be brought back. STATE TAKEOVER, COUNT? FACILITIES Representative Doran reported that there is widespread interest in both Houses in the proposed State takeover of County facilities but felt that a push from the MMA was needed to ensure its success. SOLID WASTE BILL Representative Doran said that the Solid Waste Bill has come a long way but that there is still the issue of the House mandated retrofitting of scrubbers to be resolved. The Senate would not require that scrubbers be provided for facilities that have already been constructed and which currently meet certain standards. roma LOCAL AID Senator Kraus said he had been occupied with Local Aid for next year and trying to get a fair deal for communities. He felt that there is a good chance for a change from the formula where cities (i.e. Boston) get considerably larger shares of aid to the detriment of suburban towns. EDUCATIONAL REFORM Mr. Kraus reported that compromise is being sought for relief to Towns regarding the mandates under Chapter 766, to provide education to students. He informed the Board of two other bills proposing financial support for education and projected that by the 1990's, 60,000 new teachers will have to be hired due to retirements and increased school population. He saw competition among municipalities to get top people and noted the need for better training, professional opportunities and salaries to attract them. Thought is being given to a longer school year and exploration is being made as to how best to invest the funds for improved education. HEALTH CARE BILL Mr. Doran reported on the status of the Health Care Bill which he felt had a good chance of passing this session. The impact on towns and private industry was discussed. F--MONTH SESSION BILL Mr. Doran said he opposed the "6-Month Session Bill" feeling that it would give all legislators less accessibility. He referred to his November 7th letter in the Boston Globe on the petition process. -4-- ..r BINDING ARBITRATION Mr. Doran noted that the Binding Arbitration Bill was in the House Ways and Means Committee and expressed hope that it would be defeated there. BEDFORD STREET PLANS Mr. Eddison referred to his letter to Chief Engineer Johnson of the State DPW, in which reconsideration of the State's refusal to permit installation of a traffic light at Eldred Street was requested. He noted that any further assistance by the Legislators on the issue would be appreciated. Mr. Eddison also thanked Senator Kraus for his support of the interests of the Town. Mr. Marshall added that he felt that Lexington has two of the better Legislators on Beacon Hill. Senator Kraus noted that it had been a most pleasant experience dealing with Ms. Adler as Acting Town Manager for the past few months. Mr. Eddison also complimented her on an outstanding performance, adding that the Town had benefited a great deal by a job well done. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 4 - 0 by roll call vote, Mr. Eddison, Mr. Marshall, Mr. Dailey, Mr. McSweeney, to go into Executive Session for discussion of litigation, land negotiations and labor negotiations, with no intent to resume open session. #.. Upon motion duly made and seconded, it was voted to adjourn at 10:50 P.M. 41 4 A true record, Attest: Marion . Snow Executive Clerk SELECTMEN'S MEETING November 16, 1987 A special joint meeting of the Board of Selectmen and the School Committee was held at 7:45 a.m. in the Selectmen's Meeting Room, Town Office Building. Chairman Eddison, Mr. Marshall , Mr. Dailey, Mrs. Smith, Mr. McSweeney and Mr. White, Town Manager, were present. EXECUTIVE SESSION Upon a motion duly made and seconded, it was voted 5 - 0 by roll call vote, Mr. Eddison, Mr. Marshall , Mr. Dailey, Mrs. Smith and Mr. McSweeney, to go into Executive Session for discussion of collective bargaining, with no intent to resume open session. The members of the School Committee had previously taken a similar vote. SCHOOL COMMITTEE NEGOTATIONS WITH TEACHERS' UNION Mr. Clough, School Committee Chairman, gave a brief history of negoti- ations with the LEA beginning in January 1987. School Committee members Paul Newman and Lynda Wik have been the negotating team for the Scool Com- mittee. The leadership of the LEA has been shifting between its negotia- ting team, its executive committee and its full membership. Following the choosing of a mediator, there had been four sessions of mediation out of which had come a proposed settlement providing for successive annual salary increases of 5%, 6 1/2% and 7%. Included in the settlement was a grand- fathered sick leave buy-back clause and agreement for joint review of the performance evaluation process. The proposed settlement was turned down 9 to 1 by the teachers. Mr. Clough pointed out that, using the master's degree maximum salary as a standard, Lexington teachers' salaries ranked 22nd among Mass. towns and cities, if the 5% salary increase offer of 7/1/87 were included. He said that the primary issue for the teachers is getting their salaries up where they should be. He added that the average Lexington teacher salary is $33,000 for a 138 working day year and said he felt that the teachers had a legitimate issue in stressing the salary gap with teachers in comparable towns. The two boards then reviewed the handout prepared by the School Administration entitled "Information about Proposed Lexington Contract. " Mr. Dailey asked what it would take to settle the issue and Mr. Clough replied "A commitment to raising their salaries." Mr. Dailey continued that there were two issues facing the Selectmen: 1 . Our strategy regarding appropriate compensation for the teachers; and 2. How we would pay for it. Mr. Marshall pointed out that there had been 2 percent real growth in Lexington' s cost per student and that this was considerable. He raised the issue of teacher productivity and suggested that the School Committee con- sider cuts in programs. Mr. Newman said the Committee was prepared to consider some program cuts as part of a solution. Selectmen's Meeting November 16, 1987 Mr. Marshall said that an attempt to override Proposition 2 1/2 this year would be in trouble if the reason given was to solve the teacher .. salary problem in the schools. It was noted that, by state statute, if more money should required to fund a settlement than is in the School budget, a Special Town Meeting would have to be called within 30 days of the settlement to vote the additional funding. Mr. Clough asked each Selectman what his/her position was regarding an acceptable offer the the teachers. Each member of the Board then outlined the elements of a settlement that seemed most important to him/her. There were small differences in the percentage increases in salaries that the members would endorse but all agreed that: 1 . The Town should make available to the School Committee the funds necessary to finance the unfunded state mandates; and 2. In return for agreeing to salary increases, the Board wanted greater accountability from the teachers. The meeting was adjourned at 9:38 a.m. ..r X '' LEXINGTON PUBLIC SCHOOLS LEXINGTON, MASSACHUSETTS October 27, 1987 Ilima INFORMATION ABOUT PROPOSED LEXINGTON CONTRACT 1. History of Lexington settlements TEACHERS SECRETARIES FOOD SERVICES CUSTODIANS 1980-81 5.5 6.5 5.5 6.5 1981-82 7.0 C.P.I. 266.3 6.8 6.8 6.8 1982-83 6.0 C.P.I. 279.2 7.0 6. 7 6.7 1983-84 6.5 C.P.I. 289.8 7.0 6.5 6.5 1984-85 5.5 C.P.I. 304.9 5,5 6.0 6.0 1985-86 5.5 C.P.I. 317.7 5.5 5.5 5.5 1986-87 5.5 C.P.I . 323.6 5.5 5.5 5.5 1987-88 5.0* 5.1 5.0 - 1988-89 6.5* 5.5 1989-90 7.0* - _ _ *proposed 2. Sample settlements in other towns Comparable communities** we, 1985-86 1986-87 1987-88 1988-89 1989-90 **WAYLAND 5.75% 5.75% None **CONCORD 6% 6%* 6%*** None ARLINGTON 4% 4% 4% 6% on Maximum CAMBRIDGE 6% None None **NEWTON 7% 7% 5%*** None **WELLESLEY 5.25% None None **WINCHESTER 5% None None FRAMINGHAM Negs **BROOKLINE 5.5% 5.5% 5.5%*** None None **WESTON 5.5% 5.5% 5.5%*** None WATERTOWN 5% None None BEDFORD 5.25% None None **NEEDHAM 5% 5% 5%*** 6% M-14 beyond WALTHAM 7% None None WEYMOUTH 5% None None QUINCY Negs EVERETT 8% None None *New Level - M4.60 **These communities are ones we consider ourselves comparable to ***These were three-year contacts iimm1 3. Three year contract in terms of a salary Taking $30,000 as a salary base example, the chart below shows the salary improvement over three years. "'r' 1986-87 1987-88 1988-89 1989-90 (5%) (6.5%) (7.0%) $30,000 $31,500 $33,550 $35,900 Does not include $400 superstep longevity SALARY COMPARISON (Includes 5% increase for 1987-88) BACHELORS MASTERS Minimum Maximum Minimum Maximum Cambridge 20,552 34,165 Newton Newton 22,131 39,151 Concord Newton 20,315 33,876 Wellesley Cambridge 22,128 37,485 Weston Bedford 20,046 33,576 Concord Concord 22,053 37,344 Wellesley Concord 19,920 32,770 Cambridge Winchester 21,711 37,138 Newton Wellesley 19,434 32,528 Wayland Bedford 21,057 37,052 Wayland Wayland 19,359 32,380 Brookline Natick 20,900 35,848 Needham mow Brookline 19,091 32,240 Weston Weston 20,700 35,248 Brookline Natick 19,000 31,633 Bedford Wayland 20,525 34,359 Cambridge Lexington 18,800 30,580 Lexington Wellesley 20,510 34,200 Lerington (t.w. S ) Weston 18,825 30,500 Natick Brookline 20,394 33,649 Bedford Winchester 18,778 30,473 Waltham Needham 20,300 33,569 Winchester Needham 18,712 29,653 Weymouth Lexington 20,080 33,550 Natick Weymouth 18,289 29,510 Needham Everett 19,724 32,370 Weymouth Everett 18,122 29,490 Watertown Weymouth 19,538 32,148* Framingham Arlington 17,987 29,405 Arlington Arlington 19,464 31,890 Arlington Watertown 17,887 29,470* Framingham Watertown 19,130 31,764 Waltham Framingham 17,703* 29,030 Everett Framingham 19,102* 31,505 Watertown Waltham 17,373 28,728 Winchester Waltham 18,422 30,632 Everett Quincy 16,563* 21,163* Quincy Quincy 18,219* 29,979* Quincy *1986-87 salaries - Negotiations not completed for 1987-88 moo 2 s TEACHER SALARIES LEXINGTON'S POSITION AS COMPARED TO 20 COMPARABLE COMMUNITIES BACHELORS MASTERS MINIMUM MAXIMUM MINIMUM MAXIMUM 1987-1988 5.0% 9TH 9TH 12th 9th 1985-1987 10TH 10TH 11TH 8TH 1985-1986 9TH 9TH 9TH 9TH !o"r 1984-1985 8TH 10TH 10TH 10TH 1983-1984 8TH 1ITH 9TH 10TH 1983-1983 8TH 11TH 10TH 11TH 1981-1982 7TH 14TH 8TH 9TH 1980-1981 9TH 14TH 10TH 9TH 1977-1978 4TH 7TH 7TH 7TH r -- 3 A BUDGET - PER PUPIL 1977-78 - 1987-88 (Total Budget - Actual Enrollment as of 10/1 ) Year Actual Dollars 1977 Dollars* 1986 Dollars** ...11 1977-78 2193 2193 3847 1978-79 2364 2259 3962 1979-80 2538 2186 3835 1980-81 2788 2135 3745 1981-82 3024 2095 3675 1982-83 3270 2161 3790 1983-84 3521 2241 3933 1984-85 3868 2341 4104 1985-86 4248 2467 ' 4329 1986-87 4571 2606 4571 1987-88 4912 N/A N/A*** *Using the 1977 dollars from the July Urban Consumer Index as furnished by the United States Bureau of Labor and Statistics, Boston Office (all items) **Expressed in 1986 dollars using the same Consumer Price Index ***Requested Preliminary Budget (Not including increases due to salary negotiations) Per-Pupil Expenditures (All Prourams)* 1984-85 1985-86 mud 1 Lincoln 5029 5384 1 . 2 Wellesley 4544 4873 3 3 Weston 4479 4762 5 4 Concord 4368 4713 6 5 Westwood 4280 4388 12 6 Newton 4142 4608 8 7 Brookline 4164 4699 7 8 Carlisle 4105 4972 2 9 LEXINGTON 4030 4358 15 10 Wayland 4013 4476 10 11 Dover 4008 4426 11 12 Bedford 3965 4382 13 13 Waltham 3965 4114 16 14 Arlington 3954 4000 17 15 Watertown 3869 4771 4 16 Winchester 3748 3988 18 17 Medford 3637 4531 9 19 Needham 3534 4370 14 19 Belmont 3515 3917 19 20 Milton 3481 3755 20 r-� : *All expenditures made by city/town and School Committee for their students (not including reimbursements) _ j &_!, ,,,:z-- ..ig 4 Estimated Unbudgeted Expenditures for 1987-88 as of 10/21/87 (by gross categories) r.. Additional personnel related costs $145,000 Transportation (SPED) 70,000 Tuition (SPED) 53,000 Facilities related costs 21,500 Superintendent's Search 30,000 Other (known) 41,000 Negotiations over 5% (1% = 150,000) Litigation Costs 40,000+ $400,500+ r.. b 5 k - r � 1 ;s fi SELECTMEN'S MEETING f 5 NOVEMBER 16, 1987. A regular meeting of the Board of Selectmen was held on Monday, November 16, 1987, in the Selectmen's Meeting Room at 7:30 p.m. Chairman Eddison, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel; Mrs. Snow, Executive Clerk, were present. Mr. Eddison welcomed Mr. White, as the new Town Manager, noting that he had started his first day on the job with an early morning meeting. He added that he looks forward with high expectation to a successful tour of duty. PUBLIC HEARING, TRANSFER OF STOCK, CABLE TV The Chairman opened the Public Hearing on a petition for approval of transfer of stock from Adams-Russell Cableservices-Lex. , Inc. to Cablevision Systems, Inc. Donna Garafano, Director of Public Affairs for Cablevision Systems presented the petition. She gave information on Cablevisions operational procedures, offerings and scope of service to accommodate needs of citizens and local governments in more than 200 p.m municipalities. Data on the financial background of Cablevision was outlined and Ms. Garafano assured the Board that the company would continue in sound financial condition. Mr. McSweeney, Selectman Liaison to the Cable TV and Communications Advisory Committee, gave a summary of the committee's report on the application. He expressed appreciation for the efforts put forth in preparation of the report and listed the committee members as follows: Frank DiGiammarino, Chairman; Kenneth Arnold, Stella Liu, Theodore Mairson, William Spencer, Martha Stanton, John Ward. Mr. McSweeney read the recommendations of the Committee that the vote to transfer the license be postponed pending satisfactory answers and clarification of several items, including questions on whether Cablevision's financial plan wouldindicate rate increases; need for additional information in Cablevision's application (Form 100) relative to terms and conditions of the present license; and evidence that Adams Russell has performed in the areas of free services and the Institutional trunk, Public Access, and customer relations, as promised. Julian Bussgang, 2 Forest Street, summarized concerns based on his review of financial documents relating to the proposed acquisition. He noted the lack of projection of future finances in the light of debts to be incurred. He advised that for full understanding of the !m.. financial standing of Cablevision, pro forma statements for the ten years covered by the loans from General Electric Credit Corp. be furnished. According to Dr. Bussgang's reading, Cablevision's new investment would require financing by subscribers by increase of fees. He recommended that the financial status of Cablevision be stated and reviewed because of its implications to Lexington. 1 -2- ■._ In response to Mr. McSweeney, Ms. Garafano stated that Cablevision's application on Form 100 had been as complete as the application form had required. She stated that there would be no rate increases attributable to the transfer transaction. Mr. Mairson pointed out that the application form calls for a full description of all services to be provided, which was lacking. Robert Nasson, 44 Golden Avenue referred to the Mass. Cable Commission directive that his area should be serviced and stated that no such action had been taken by Adams-Russell, as promised. He felt that Adams-Russell had ignored the requirement that the entire Town must be serviced and asked for the Selectmen's assistance in the matter. Wendy Thompson, Lexington Public Schools Cable Specialist, noted excellent productions and valuable training to her students with the cooperation of Adams-Russell staff. She acknowledged that there are problems still to be solved, but felt that in terms of assistance, the A/R production department and technicians had been of great help. Dr. Bussgang said that through its financial covenant with Cablevision, GECC would have implied control and that Cablevision, in order to meet its loan would be forced to increase rates. Ms. Garafano again refuted that there would be a rate hike for that reason. Mr. Marshall said that it was of concern to the Selectmen what the rate for the basic Cable package would be and asked for a guarantee mow that it would remain stable. Mr. McSweeney noted Adams Russell's negotiations with the Arlington Cable TV Committee, in recognition of the difficulties in servicing Golden Avenue, Bowman Street and Patricia Terrace. He said that Arlington would be willing to provide service to those streets, as has been done with sewer and plowing. Mr. McSweeney suggested that the Board give Arlington permission to do so. John Ward, Cable & Communication Committee member, asked if local Lexington channels would be available to the residents of the three streets and Mr. McSweeney responded that they would. Mr. McSweeney asked that the recommendations of the Cable Committee be transmitted to Cablevision and that the list of items in question be addressed before consideration of the transfer. Mr. Chandler said work is proceeding on the list of issues and that he hoped the transfer of stock would not be held up. Mr. Mairson noted Adams-Russell's past promises to fulfill commitments regarding the Institutional loop, public access, and customer relations which were not kept. He asked that the Selectmen would assist in getting assurance of better performance by requiring completion of items before the year's end. Ms. Garafano asked for any continuance of the Hearing before the end of the year, rather than early January, so as not to prevent implementation of the transfer. Mr. Marshall suggested that the list of items to be completed be drawn up, with penalties imposed for those not completed by January 1. ""i Ms. Garafana will have a timetable drawn up by Dec. 31, 1987, with penalties to be imposed for non-performance. It was agreed that the Hearing would be continued to December 14th, with an agreement on items of concern submitted by that time. 5i r f. Selectmen's Meeting -3- November 16, 1987 Ms. Garafano indicated that due to a conflicting appointment, Cablevision would be represented by someone else. William Spencer of the Cable Committee asked that appropriate financial people from Cablevision confer with the Committee or Mr. Bussgang on issues raised, in addition to the items listed by the Cable Committee. Ms. Garafano stated that a program of completion of items will be submitted within a week and that she will have been in touch with the Cable Committee. Mr. Dailey added that Cablevision's intent regarding fees for the basic package also be documented, based on Adams-Russell's promise to keep the rates within reason. Dr. Bussgang asked the Cablevision also supply a list of other municipalities in situations similar to Lexington's, for reference. Issues to be addressed by Cablevision in its report to the Cable Committee were summarized as follows: Financial information, including loan terms and projections for ten years of financial operations and revenues necessary to satisfy debt obligations; A schedule of dates for addressing concerns regarding the Institutional Loop, Public Access and customer relations, with pomm penalties for non-performance by deadlines established; Assurance that the basic cable rate will remain stable; Agreement on future performance criteria; A listing of other communities in which Cablevision has taken over franchises, to be asked for references. The Hearing was adjourned to December 14, 1987, at 7:30 p.m. After a brief recess, the meeting was reconvened. Upon motion duly made and seconded, it was voted that American Cable Systems of Arlington be contacted regarding the provision of cable service to Lexington residents of Golden Avenue, Bowman Street and Patricia Terrace. MINUTES Upon motion duly made and seconded, the minutes of the Selectmen's Meeting on October 26, 1987, were approved as corrected. PROCLAMATION, HUMAN RIGHTS DAY Upon motion duly made and seconded, it was voted to proclaim December 10, 1987, as Human Rights Day in Lexington, as requested by Amnesty International, and to urge Lexington citizens to write letters, sign petitions or take other action in defense of non-violent "Prisoners of Conscience" around the world. REVIEW OF REAL ESTATE ASSESSMENT PROCESS, Mr. Eddison referred to a computer error in the FY87 reevaluation of certain properties in East Lexington which resulted in incorrect coding and high valuations. The error had been discovered in the process of review of requests for abatements by the owners. It was noted that the time period within which abatements can be granted by the Town has expired, and that an Act of the State Legislature will be required to reimburse the property owners. ; -4- 6.111 Representative Doran has agreed to file such a bill. An article must be inserted in the Warrant for the 1988 Annual Town Meeting to petition for the State procedure. Mr. Marshall felt it most important, in the interest of preserving the integrity of computer procedures used by the Town, to restore faith by making restitution publicly for the properties identified. Upon motion duly made and seconded, it was voted to reserve a space in the Warrant for the 1988 Annual Town Meeting to petition the General Court for a Act to allow the Town to rebate a portion of the FY87 Real Estate Taxes paid by a group of homeowners in the East Lexington section who were inadvertently overtaxed. CONSENT AGENDA BEANO LICENSE, ELKS Upon motion duly made and seconded, it was voted to approve the application of the B.P.O.Elks, *2204, 959 Waltham Street, for renewal of its license to conduct Beano games on Tuesdays, during the ensuing year. EXTENSION OF HOURS, VERSAILLES Upon motion duly made and seconded, it was voted to approve the request of Isaac Dray for extension of hours of service of alcohol at Versailles Restaurant, 1777 Mass. Avenue, to 1:00 a.m. on December 311, 1987, New Years Eve. mow CENTRAL AMERICA SISTER CITY COMMITTEE Mr. Eddison referred to a letter from Howard A. Smith of the Central America Sister City Committee, in which the Committee requested the Selectmen's endorsement of two procedures proposed: to hold a panel discussion in Cary Hall on Central American problems; and to seek financial support from the private sector for a trip by five members of the Committee to inspect areas in Central America being considered. Mr. Marshall said he would prefer not to act on the proposal for solicitation of funds and would encourage the Committee to make the request to the Town Moderator. The Board concurred with this position. The Chairman will write to Mr. Smith giving permission to use Cary Hall on December 11th, and requesting that the question on seeking financial support from citizens be referred to the Moderator. NEGOTIATIONS, TOWN MANAGER Mr. Cohen reported that agreement had been reached with Mr. White in three areas: a salary of $65,000/year for the first year, with annual review, provision of a Town car; and payment of expenses for moving to Lexington. Upon motion duly made and seconded, it was voted to accept the , terms of an Agreement with Richard J. White, Town Manager, as outlined by Town Counsel. All other terms of his employment will be consistent maid with those for other Town employees. Selectmen's Meeting 5 November 16, 1987 Mr. Eddison referred to the latest Lexington Arts Calendar, published and distributed by the Lexington Council for the Arts. He said he had been repeatedly impressed by the excellent work done by the Counsel under the leadership of Kerry Brandin and wished to publicly commend Mrs. Brandin and her members for their efforts. Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m. tA true record, Attest: f arson H. bnow Executive Clerk I l � ~v . / _ pm. ^ SELECTMEN'S MEETING ' 1987. November 23, " . A regular meeting of the Board of Selectmen was held on Monday , November 23, 1987, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Chairman Eddison, Mr . Dailey, Mrs. Smith, Mr. McSweeney; Mr . White` Town Manager; Mr. Cohen, Town Counsel ; Mrs. Snow, Executive Clerk , were present. LINCOLN STREET FIELD, SNOW DISPOSAL Lynn Wilson of the Lincoln Street Subcommittee of the Recreation Committee, met with the Board for discussion of the concerns of her committee about the dumping of large amounts of snow on the Lincoln Street Field area. She explained that long range plans for the field include landscaping and plantings around and within the parking lot which would be in jeopardy because of the high salt content in the snow. She requested that the DPW find an alternate site for snow dumping. A memo from Richard Spiers, DPW Director , outlining snow removal operations and listing 11 areas from which snow is taken to Lincoln Street was noted. Estimates of additional costs and time involved and equipment/manpower needed to remove the snow to the Hartwell Avenue Landfill , were noted. Mr. Spiers saw additional costs of $4,400 per storm to change the operation to Hartwell Avenue site. pa" Mr. White suggested that the situation be monitored and that thought be given to relocation of the proposed parking lot so as to resolve the situation. The DPW could work with the Recreation Committee to come to a sensitive solution to the concerns of both agencies. Upon motion duly made and seconded, it was voted to authorize the Town Manager and the DPW to work with the Recreation Committee to work out a solution and to attempt to resolve the concerns of the Committee regarding disposal of snow at the Lincoln Street Recreation area. MINUTES Upon motion duly made and seconded, it was voted to approve, as presented, the minutes of the Selectmen's Meeting on November 2",. 1987. APPOINTMENT TO D.A.C. The resume of Daniel Roos, who had been recommended for membership on the Design Advisory Committee, was reviewed. It was noted that Mr . Roos has a strong background in Engineering and Transportation and Mr . Eddison urged the Board's approval of Mr. Roos' appointment . Upon motion duly made and seconded, it was voted to approve the appointment of Daniel Roos, 28 Baskin Road, to the Design Advisory Committee for a term to expire on September 30, 1988. RENEWAL OF LIOUOK LICENSES waw ' Upon motion duly made and seconded, it was voted to approve applications for renewal of Liquor Licenses for the ensuing year , as follows: Lexington Lodge of Elks *2204 Cory's of Lexington , Inc, 959 Waltham Street 20 Waltham Street _2_ Imo OTHER LICENSE RENEWALS Upon motion duly made and seconded, it was voted to approve applications for renewal of the following for the ensuing year: COMMON VICTUALLER Arty's Restaurant Chadwick's 177 Mass. Avenue 903 Waltham Street Lexington Lodge of Elks #2204 Friendly Ice Cream Corp. 959 Waltham Street 60 Bedford Street Le Bellecour Mario's 10-12 Muzzey Street 1733 Mass. avenue Peking Gardens Tara Lexington 27031 Waltham Street 727 Marrett Road Versailles Restaurant Yangtze River Restaurant 1777 Mass. Avenue 21-23-25 Depot Square Denny's Restaurant 438 Bedford Street ENTERTAINMENT INNKEEPER Tara Lexington Tara Lexington • 727 Marrett Road 727 Marrett Road Imo COMMON CARRIER Dee Bus Service 54 Orchard Street West Concord, MA Boston Tours 89 Arcadia Street Waltham, MA CLASS I CLASS III Lawless Mawhinney Motors, Inc. John P. Carroll Company, Inc. 581 Marrett Road 31 Allen Street ELECTION SCHEDULE Mr. White referred to the scheduling of the Town election on March 7th and the Presidential Primary Election on March 8th next year, noting that the same situation had occured in 1976 and 1980 and 1984. He wanted to make the Board aware of problems which may surface at that time. He reported that the State may soon pass legislation to allow Towns to reschedule local elections. Bebe Fallick, Town Clerk, was present and informed the Board of her concerns regarding difficulty in getting Election Workers for two consecutive days and problems with reassembling Precinct Boxes after the Town election to ready them for the following day. She noted procedures involved with absentee voting, which would become more difficult if doubled. Selectmen's Meeting -3- November 23, 1987 She saw the advantage of getting the two elections over with if the tradition of having the Town election on the first Monday in March is followed but noted the time needed late at night to prepare for the second election and questioned the impact on the schools, which are used as polling places. She felt that voters would be opposed to elections on two days in a row and gave percentages for voter turnout for '76, '80' , and '84. If the State legislation passes, Towns could call elections anytime from February 1 to May 1. Mr. Eddison thanked Mrs. Fall i ck for the information presented, noting that no decision on the Town election date would be made that night since the Bill had not yet passed. USS LEXINGTON/LIONS CLUB MEMORIAL Peter DiMatteo was present to show a plan of the USS Lexington/Lions Club memorial, revised as to its location on the grounds of the Visitor's Center. Mr. DiMatteo noted the November 14th meeting at the site at which time alternate locations had been discussed. The new plan was basically the same as the original except for a more dense background of shrugs and trees. Bill Fitzgerald, speaking on behalf of the Lions Club and the USS 0.. Lexington Association, indicated that both groups had been willing to accept the new location. John Davies, Chairman of the Historic Districts Commission, reported on the Commission's endorsement of the latest location and layout of the six monuments, with a flagpole in the center. No position on lighting had been taken pending submission of a more precise plan. The Commission had also been pleased with the new location. Margery Battin, Chairman of the Lexington Center Committee, said that the three L.C.C. members who had been present on November 14th concurred with the new location as being best for the Town and for the memorial itself. John Frey, Chairman of the Design Advisory Committee, echoed the H.D.C. recommendations and felt that the memorial was better placed in the new location, with the church steeple in the background. Herb Grossimon, President of the Historical Society said the three H.S. members present on the 14th had preferred the original siting but would not object to the new location. Upon motion duly made and seconded, it was voted to approve the revised plans for the USS Lexington Memorial, as submitted. Mr. McSweeney asked that the Lions Club be commended for its efforts and for its work in cooperation with all Town agencies. Mr. Eddison expressed the appreciation of the Board for the Club's contribution to the Town. Mrs. Smith said she saw the project as another example of citizens working hard on a worthwhile project but was concerned about the future use of the Buckman Meadow, if other such proposals are put forward. She suggested that a policy and guidelines be drawn up for use of that land, as recommended by the Lexington Center Committee. _4_ ..o Upon motion duly made and seconded, it was voted that the Selectmen will develop policies and guidelines for the future acceptance and placement of memorials in the public land and buildings in the Center. An overall plan for the use and appearance of the Center's public lands will be developed. Guidelines for memorials should consider but not be limited to: . the subject; its relevance and importance to Lexington . the sponsor . size and design . the appropriateness of the site, both visually and historically MEETING SCHEDULE It was agreed that the Board will meet on December 7, 14, 21, and January 4th, with no meeting on December 28th. CONSENT AGENDA SEWER ABATEMENT Upon motion duly made and seconded, it was voted to approve the abatement of sewer charges in the amount of $63.79, for property owned by John Brogan, 346 Waltham street, which is not connected to Town sewer. ONE DAY LIQUOR LICENSE Upon motion duly made and seconded, it was voted •to approve the ...w application of St. Brigid's Parish for a One Day Liquor License on New Year's Eve. , to 1 :00 a.m. for a party to be held in Kielty Hall, 2009 Mass. Avenue. SEWER & WATER DEFERMENTS Upon motion duly made and seconded, it was voted to approve deferments of betterments, as requested by Mary E. Carroll, as follows: Water Betterment Acct. *1560, Map 16 Lot 48A, $930.00 Sewer Betterment Acct. *9810, Map 16 Lot 48A, $5,765.78 Sewer Betterment Acct. *9211, Map 16 Lot 47, $1,130.27 Sewer Betterment Acct. $9284, Map 16 Lot 8, $813.14 Sewer Betterment Acct. *9299, Map 16 Lot 9, $5,946.53 Sewer Betterment Acct. $9300, Map 16 Lot 48A, $3,954.14 CHARGE TO HATS II Mr. Eddison referred to a proposed Charge to HATS II, which had been distributed to the Selectmen. He noted that it would be helpful to have approval by the four towns involved of the draft charge by December 10th, the next HATS meeting date. Upon motion duly made and seconded, it was voted 3 - 0, with Mrs. Smith abstaining from voting, to approve the draft Charge to the Hanscom Area Towns Committee (HATS II) , as presented. SCHOOL COMMITTEE/SELECTMEN 12/5 MEETING Mr. Eddison spoke of the scheduling of a joint meeting of the mow School Committee and Selectmen, scheduled for December 5th. Because members of the Finance Committees had preferred another date because of a conflict, effort had been made to reschedule. r.. Selectmen's Meeting -5- November 23, 1987 Since that could not be worked out, the Chairmen of the Finance Committees will not attend but will have representation of their committees at the meeting. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 4 - 0 by roll call vote, Mr. Eddison,.Mr. Dailey, Mrs, 'Smith, Mr. McSweeney, to go into Executive Session for discussion of matters of collective bargaining and litigation with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 9:15 p.m. A true record, Attest: Pi' .M/Wkc rlon H. -. .w Executive Clerk p.m ran' VOID