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SELECTMEN'S MEETING
January 3 , 1994
A regular meeting of the Board of Selectmen was held on
Monday, January 3 , 1994, 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.
HARRINGTON ROAD TRAFFIC MODIFICATION
Mr. Dailey invited Traffic Safety Advisory Committee Chairman
Peter Chalpin to explain the need for a modification of the Option
2 Traffic configuration, previously approved by the Board to go
into effect January 1 , 1994 , once the barricade at the intersection
of Bedford Street and Harrington Road is removed.
Mr. Chalpin reported that because of access problems to the
Fortmann property at 5 Harrington Road, it was recommended that the
one-way portion of Harrington Road be reduced from 400 ' to 300 ' to
allow reasonable access to the Fortmann property.
Upon motion duly made and seconded, it was voted to add to
Article VII , SECTION 1 , SCHEDULE #5 that Harrington Road will be
one-way from Bedford Street , 300 feet westerly. It was noted that
` - this modification will be in effect until the end of March 1994 .
1994 ANNUAL TOWN MEETING -- SET DATE FOR FIRST BUSINESS SESSION
Upon motion duly made and seconded, it was voted to set the
date of the first business session of the 1994 Annual Town Meeting
for March 21 , 1994 .
STATE DESIGN OF 3 BRIDGES OVER THE EDDISON BIKEWAY
Mr. Dailey called upon Minuteman Bikeway Committee Selectman
Liaison Elizabeth Eddison to report on the status of the State
design of the proposed replacement of three bridges over the
Bikeway. Mrs. Eddison reported that the Bikeway and the Design
Advisory Committees have both written very strong letters to the
Mass . Highway Department , as have other groups protesting the
bridge design.
The Board discussed a letter from Mark Primack, Deputy Secre-
tary of the Mass . Executive Office of Transportation and Construc-
tion, dated December 24 , 1993 , in which Mr. Primack said that Chief
Engineer Dindio will review the original culvert design with the
goal of modifying the design to make the bridges more compatible
with the bikeway. He also told Mrs. Eddison that culvert construc-
tion has been withdrawn from the immediate construction calendar
and that they hope to have a new design in the spring.
( ' The Board asked, and Mrs Eddison agreed, to prepare a letter
proposing that the Board of Selectmen in Lexington and Arlington
each designate a representative to work with MassHighway engineers
as the original culvert design is reviewed.
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Minutes for the Meeting of January 3 , 1994 2
MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the Meeting of Dec . 6 , 1993 .
EXECUTIVE SESSION MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the executive session held on December 20 , 1993 .
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitment of the following charges .
Commitment of Water Charges - Dec . 1993 $3 , 784 . 34
( final bills )
Commitment of Sewer Charges - Dec . 1993 $7 , 423 . 76
( final bills )
ABATEMENTS
Upon motion duly made and seconded, it was voted to approve
abatement of the following charges.
Abatements : Water, Sewer & Demand - Total $122 . 98
December 23 , 1993
RESERVE FUND TRANSFER UPDATE
Mr. White reported that the Fire and Police Medical Budget is
overdrawn. A retired firefighter heart attack and two active fire-
fighter arthroscopic surgeries will require a substantial Reserve
Fund transfer. Be added that this budget totals $35 ,430 ; that the
account is already $24 , 000 overdrawn and that it can be expected
there will be at least $10 , 000 more in claims if there are no more
catastrophic events.
MOODY REPORT
Mr. White presented a copy of Moody' s Final Report on Lexing-
ton' s Rating , which said nice things about the Town of Lexington.
for the Board' s information.
CHAPTER 90 RESURFACING
The Board reviewed a memorandum from Town Engineer Francis
Fields , dated 12/20/93 , stating that two copies each of the Chapter
90 Reimbursement Forms for Contract 93-1 , Street Resurfacing are
ready for the Board' s approval and endorsement .
Upon motion duly made and seconded it was voted to approve and
to endorse the Chapter 90 Reimbursement Forms for Contract 93-1 ,
Street Resurfacing , for the following streets completed under this
Chapter 90 project : Ballard Terrace , Barrymeade Drive, Bertwell
Road, Constitution Road, Harding Road, Hawthorne Road, Longfellow
Road, North Emerson Road, Patterson Road, Smith Avenue, Wildwood
Road and Burlington Street Sidewalk.
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Minutes for the Meeting of January 3 , 1994 3
TOWN MANAGER' S FY95
BUDGET OVERVIEW
Mr. White reported that the budget good news is that most
if not all Town programs are funded with the money that has been
allocated to the Town side of the budget . The bad news is that the
school department budget has come in, even counting the $700 , 000
that was allocated for school programs, $2 . 1 mill ion short of the
increase request. He noted that even if all the new tax levy
resources had been allocated to the schools , there would still have
been a considerable deficit .
Mr. White presented his Proposed Budget for FY95 . He reported
that the budget includes total expenditures of $71 , 779 , 010 which
are balanced by non-tax levy revenues totalling $21 , 702 , 127 and an
estimated tax levy of $50 , 076 , 883 ; that the average residential
home owner of a home in Lexington valued at $292 , 000 will pay 5 . 2%
in higher taxes.
Mr . White reported that total Water/Sewer revenue to be raised
in FY95 is lower than anticipated; enterprise spending is increased
slightly to account for health insurance and inflationary increas-
es ; and that State Aid will increase modestly as a result of the
Education Reform Act.
Mr. White discussed adjustments to the Budget Format , noting
that revenue sources have been divided into three categories: Tax
Levy Resources, which are revenues generated from the Real Estate
}1} Tax and all revenue categorized as state aid, local receipts and
available funds, with the exception of Parking Meter and Cemetery
Funds; Enterprise Funds , which are fees charged for some services
provided by Water, Sewer and the Recreation Department; and Direct-
ed Funding , which includes Cemetery and Parking Meter Funds , and
are directed for appropriation by vote at Town Meeting .
Mr . White added that in response to requests made last year
from many Town Meeting members and the Appropriation Committee , the
cost of providing health and life insurance benefits are allocated
to the budgets and programs where the costs of health and life
insurance are incurred. He also said that the budget was consis-
tent to the major goals articulated by the Board this year.
Mr. White noted that the following budget assumptions were
made: 1 . $270 , 000 in new construction revenue ;
2 . 2 1/2% real estate tax revenue increase of $1 , 177 , 386 ;
3 . $101 , 071 or 2 . 1% increase in State Aid;
4 . 100% funding of Water and Sewer appropriations including
a $500 , 000 in-lieu of tax payment to the general munici-
pal budget through user fees.
5 . 100% funding of all direct and some indirect Recreation
appropriations through user fees ;
6 . A $79 , 764 or 1 . 6% reduction in local receipts ;
7 . No appropriation of Free Cash to supplement FY95 appro-
! priations.
8 . A 49% or $356 , 088 reduction �.n. Available Funds ; and
9 . $1 , 074 , 316 in new tax levy related revenue: $400 , 000
distributed to Town programs, and $674 , 316 to Schools .
Minutes for the Meeting of January 3 , 1994 4
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Mr. White said that the school budget is proposed to increase
by 2 . 1% or $674 , 613 , which is woefully short of the $2 . 8 million
increase requested in the School Budget .
To bring the budget into balance , Mr. White discussed a few of
the more substantial alternative budget reductions, including no
cost of living increase for Town Employees, saving $250 . 000, while
Committee has contractual
the School agreements that require a 3 . 1%
pay increase be paid to all teachers , and have allocated a similar
amount of funds for cost of living adjustment for all other school
employee groups. He noted that this was unfair, and that if all
the employees in town were not to receive a cost of living pay
adjustment , more than $1 . 2 million would be available to fund
school and town programs.
Mr. White said that he and Comptroller John Ryan are exploring
new ways to get more investment income from the Town' s investments ;
motor vehicle excise taxes have remained steady; revenue from
hotel/motel taxes have gone down, which is not unexpected, given
the economy. He also reported that available funds revenue have
decreased by $256, 000 mostly due to the free cash issue . Also
discussed were savings resulting from a good bid on all the Town' s
property and liability insurance which will save $100 , 000 ; and
p y
another savi
Minutes for the Meeting of January 3 , 1994 5
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Library will live with this reduction in the book budget, since
there is really little else to cut .
Mr. Hilton explained where funding for the library comes from,
and noted that 84% of the funding comes from the Town, investments
bring in 4% of the revenue, fees bring in 8%; and federal and state
grants bring in another 4%. He also described the four components
of the budget : General Services, Adult Library, Children' s Library
and Branch Library, and noted that many of the Library' s personnel
which account for 68% of the budget are part-time employees who
circulate among these Departments .
Mr. Dailey expressed the Board' s appreciation for Mr. Hil-
ton' s presentation and for his answers to their questions on the
effect of inflation, contractual obligations for custodians ,
whether other communities are beginning to charge for fees for
services , and the consideration of different hours of operation.
Mr. Dailey noted that the Friends of the Library contributions
are now up to around $16 , 000 this year.
FINANCE
Comptroller John Ryan presented the Finance Division Budget
for FY95 . He reported that there has been a net reduction in the
past six years of three full time positions in the Comptroller' s
Office , and said the Comptroller' s Office is now handling all of
the School Department accounts payable system, and bills payable
I ' system, which eliminates duplication of accounting activity by the
( schools and the Town.
Mr. Ryan also reported that payroll processing , previously the
responsibility of the Revenue Office until FY94 , has been trans-
ferred to the Comptroller' s , Office ; that the position of Benefits
Coordinator was created to oversee the Town' s employee benefits
packages , and that the Town' s cafeteria-style flexible spending
accounts , formerly administered by an outside contractor will now
be administered in-house at substantial savings to employees .
Mr. Ryan discussed the activities of the Assessor, also under
the jurisdiction of the Comptroller' s Office, and noted that in
FY94 the Assessor' s Office there were numerous technological
advancements , including new computer capabilities that allow staff
to display property photographs and sketches on computers.
Mr. Ryan also reported on the Data Processing portion of his
department , noting that this program supports the maintenance of
hardware and software for the Town' s VAX mini-computer system, and
personal computers .
For the benefit of the three new selectmen, Mr. Ryan described
the make-up and duties of the three member Retirement Board that
monitors the investment of Town and employee retirement funds ; how
it is funded and the implementation of the policies and procedures
in accordance with pertinent laws . He also reported that the total
return on the pension fund for FY92 was 8 . 4%, and that Lexington' s
rate of return was 34th of 107 retirement systems, and that the
retirement system will be fully funded in 2028 , adding that in
k 1 addition to wages the Town pays 75% of the health insurance premi-
um, which continues into retirement .
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Minutes for the Meeting of January 3 , 1994 6
Mr. Ryan also discussed Debt Service , including a major school
renovation project , and subsequent school articles approved by Town
Meeting; the Pine Meadow purchase; acquisition of the West and
Choesa Farms ; the North Lexington Pump Station and other water and
Sewer Projects authorized by Town Meeting, some of which have been
refunded and refinanced at considerable savings to the Town. He
said that the total outstanding principal and interest due on
issued debt as of July 1 , 1994 totals $25 ,015 , 551 .
LEXPRESS
Mr. Dailey welcomed Sara Arnold, Chairman of the Transporta-
tion Advisory Committee , members of the Committee present, and
LEXPRESS Coordinator Barbara Lucas. Mrs. Arnold presented the
LEXPRESS budget which is projected to be level funded; said that
all buses are now equipped to handle handicapped persons ; and said
they expected to close the 1994 budget under budget. She also
reported that the increase in fares appeared not to have greatly
affected ridership, except right after the rate increases went into
effect . She reported the Committee is still looking at the data.
Mrs . Eddison suggested that a noon time bus service route be
considered to travel up Spring Street and possibly Hartwell Avenue
and bring people to restaurants in the center of Town.
Mr. McSweeney spoke of the excellent work of the Ad Hoc
Transportation Committee said he hoped that a report would soon
available from the Committee on various scenarios that would be
helpful to the Town in making future decisions .
Other questions and comments focussed on when the contract
ends ; penalties if the Town decides not to fund the contract past
July 1 , 1994 ; a comparison between use and capacity; a breakdown of
pass holders between students and seniors; and funding for LEXP-
RESS; and what is the actual cost of one LEXPRESS bus ride .
Mr. Busa asked for a financial breakdown, on a monthly basis
and over one calendar year, and he asked that ridership and revenue
numbers also be provided. Mr. White said he would try to assemble
this information for the Board as soon as possible.
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; too into executive session for discussion of matters of
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litigation and collective bargaining , 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
11 : 20 p.m.
A true record, Attest
Sara I . Peters
Executive Clerk,
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SELECTMEN' S MEETING
January 10 , 1994
A regular meeting of the Board of Selectmen was held on
Monday, January 10 , 1994 , 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 ON STREET ACCEPTANCES
Mr. Dailey invited Town Engineer Frank Field to present the
following Subdivision Streets that he has indicated are ready for
acceptance by the 1994 Annual Town Meeting .
Sanderson Road, 1211 ' approx. from Lowell St . to existing
Town Layout .
Orchard Lane, 650 ' approx. from Sanderson Rd. to the end.
Mead Street, 325 ' approx. from North Emerson Rd. northerly to
the end.
Taylor Lane, 500' approx. from Revere St . southerly to the
end.
Battle Green Road, 375 ' approx. from Minute Man Lane easterly
to the end.
Royal Circle, 625 ' approx. from Grove St. easterly to the
end.
Sunset Ridge Road, 750 ' approx. from Buckman Drive easterly to
the end.
Questions from the Board focussed on who will maintain the
landscape circles.
Mr. Richard R. Rzedzian, 3 Taylor Lane reported flooding in
his basement on Taylor Lane and asked that the Selectmen delay
their decision while certain water problems related to the develop-
ment of Taylor Lane were resolved. The Board asked Town Engineer
Fields to look into this problem, prior to the Board' s final vote.
Mr. John Castelli , developer of the Orchard Lane Subdivision,
spoke of how pleased he was with its completion.
There being no further questions, Mr. Dailey declared the
meeting closed, the Board agreed to act on the acceptance of these
streets on Wednesday, January 19 . 1994 , after hearing from the Town
Engineer on the drainage problem on Taylor Lane .
RATE HEARING ON WATER AND SEWER RATES FOR FY94
Mr. Dailey invited Water and Sewer Superintendent William
Hadley to present the proposed water and sewer rates for FY94 .
Mr. Hadley discussed the proposed rates and reported that the
water and sewer bills for the average Lexington household will go
up about $72 for FY94 . He also spoke about the block structure
that Lexington adopted several years ago , to encourage conservation
by having large users pay a higher rate. Using charts , Mr. Hadley
explained the eight different block rates based on consumption.
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Minutes for the Meeting of January 10 , 1994 2
Also discussed was a proposal to allow separate water meters
for sprinklers , and whether other towns allowed the use of a
separate meter for outdoor watering.
In response to other questions , Mr. Hadley said the new rates
would be reflected in the May/June FY94 bills. Several owners of
private residences and condominiums spoke in favor of separate
meters for sprinkler use.
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Upon motion duly made and seconded, it was voted to set the
combined water and sewer rates as proposed, for Fiscal Year 1994 .
Mr. Daileyexpressed the Board' s appreciation for all
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information Mr. Hadley presents each year, that makes the work of
the Board so much easier.
UNITY WALK/PROGRAM TO COMMEMORATE THE LIFE OF MARTIN LUTHER KING
Mrs . Eddison reported that about 500 e peoP lhad participated
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in last year' s unity walk, and that it had been very successful =
Upon motion duly made and seconded it was voted ed to endorse the
Unity Walk and Program sponsored by the Lexington Coalition for
Racial Equality to commemorate the life of Martin Luther King, t0
be held Sunday, January 16 , 1994 .
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitments of the following charges .
a. Commitment of Water Charges - Dec . 1993 $5 , 439 . 91
( final bills)
b. Commitment of Sewer Charges - Dec. 1993 $10 ,498 . 67
( final bills )
c . Commitment of Water Charges - Jan. 1944 $78 , 145 . 37
(cycle 9 bills )
PROCLAMATION - NATIONAL HISTORY MONTH
Upon motion duly made and seconded, it was voted to proclaim
February as NATIONAL HISTORY MONTH in Lexington.
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HISTORICAL COMMISSION APPOINTMENT
Mr. White reported that with the approval of the Board, which
wasgiven, David Kelland, 884 Mass . Avenue , wlll be appointed to
fill the remaining vacancy on the Historical Commission.
BUDGET REVIEW
PUBLIC WORKS
Director of Public Works Richard Spiers began the Department
budget presentation to the Board with aP resentation of the DPW
Administration budget , Engineering budget, which is level funded
for the fifth consecutive year, and the Street Lighting Operations
budget, in which Mr. Spiers asked how long the Town could continue
to afford high-priced incandescent and mercury vapor street lights .
Questions from the Board focused on when the subdivision
H streets without street lighting would receive street lights.
Administrative Assistant Pauline Burke presented the Parking
Operations Budget. She reported that FY93 parking receipts includ-
ed $158 , 353 from parking meters , $65 , 378 from the Meriam Street
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Minutes for the Meeting of January 10 , 1994 3
lot, and $28 , 250 from parking permit sales , for a total in parking
revenues of $251 , 981 .
Questions from the Board focused on the need for more "prime"
parking places - not too far from the center of Town; parking needs
and advice expressed by the Chamber of Commerce; and short time
meters for persons not stopping very long .
Mrs. Nancy Cannalonga suggested using Lexington retirees as
lot attendants in the Meriam Street parking lot since the contract
seems to be increasing each year, and she recommended that this be
studied before the next round of contract negotiations begins. Mr.
Dailey asked the Town Manager and DPW Director Spiers to look into
this before the next round of contract negotiations.
Highway Superintendent Dave Turocy presented the Highway
budget, including highway maintenance, road machinery and snow
removal . Under highway maintenance, he reported that street
painting services and sign repair/replacement were contracted out
for the first time ; new sidewalks , curbing and tree lawns were
installed in three locations, and two new traffic islands and
continued to work on Lincoln Street playground improvements. Also
accomplished in FY93 was the complete rehabilitation of two soccer
fields at Harrington School at a savings to the Town of approxi-
mately $35 , 000 . Mr. Turocy added that the Town must soon begin to
repair/rebuild numerous catch basins and roads, as their mainte-
nance has not been fully funded for the past several years .
Questions from the Board dealt with the preventative mainte-
nance program, snow removal , and the privatization of some work now
performed by the Highway Department.
Parks and Grounds Superintendent Brian Gilbert reported that
in 1993 , the Park Division and the Tree Maintenance are level
funded; that administration of the Golf Course contract was trans-
ferred from the Recreation Department to the Parks Division of DPW;
that using funds appropriated at the 1993 Annual Town Meeting , a
Landscape Architectural firm was hired to develop a master plan for
the Golf Course to anticipate future capital improvements; and that
one of the Division' s new duties is the maintenance of the Jack
Eddison Bikeway. Questions from the Board focussed on areas for
improvement , and the chain of responsibility for getting work done.
Mr. Spiers presented the Cemetery budget. He noted the one
year contract signed with Means Pre-Cast Company, Inc . , which
allows the Town to sell both grave boxes and sealed grave vaults ;
funding from Perpetual Care Fund for the purchase of a new rotary
mower; and the restoration of two Victorian-era gazebos in the
Munroe Cemetery.
Town Engineer Frank Fields presented the DPW/Engineering
Operating & Capital budgets. He noted that the recommended FY95
projects in this subprogram total $1 , 963 , 000 : $400 , 000 from
Chapter 90 state funding ; $735 , 000 in bonds; $766 ,000 coming from
water and sewer enterprise funding ; $12 , 000 from Cemetery trust
funds ; and $60 , 000 from the MFS McCourt donation. He presented
more detailed project descriptions of priority capital expenditures
including: 201 Bedford Street improvements , DPW equipment needs ,
street resurfacing, street reconstruction and municipal parking lot
resurfacing .
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Minutes for the Meeting of January 10 , 1994 4
Mr. Dailey thanked all who had presented parts of what he
termed a well-done DPW budget presentation, adding that he espe-
cially liked having the Department heads make the presentation for
their part of the budget.
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
11 : 25 p.m.
A true record, Attest:
1'4'41)4\4 (2//&
Sara I . Peters
Executive Clerk,
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SELECTMEN' S MEETING
January 12 , 1994
A regular meeting of the Board of Selectmen was held on
Wednesday, January 12 , 1994 , 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; and Mrs. Novak, Assistant Town Manager were present.
Mr. McSweeney convened the meeting at the request of Chairman
Dailey, who arrived later.
BUDGET REVIEW
TOWN MANAGER' S OFFICE
Assistant Town Manager Julia Novak described the responsibili-
ties and activities of the Town Manager' s Office in FY93 , which
included the formulation and implementation of personnel policies ,
collective bargaining , wages and salaries administration, recruit--
workers ' compensation and unemployment benefits .
Questions and comments from the Board included; ones about the
Internship Programs that operate out of the Town Manager' s Office;
a suggestion to conduct a comparison of other Towns with similar
staffs and burdens of work.
Mrs . Novak also discussed the need to be competitive with
salaries and benefits toet and keeprising good personnel ; health
insurance costs; and Municipal Services and Expenses which funds
organizational activities and expenses that require the review and
approval of the Town Manager; such as professional development and
services, a stipend for the Director of Guides and temporary help
and overtime .
HUMAN SERVICES
Human Services Committee Chairman Donna Hooper introduced
other Committee Members attending , and presented the budget . She
asked that the Board think of the Human Services program as provid-
ing services for Lexington elders , veterans, youth, persons with
disabilities , and their families .
Ms . Hooper presented discussed the services that are currently
provided by RePlace, Inc. , a non-profit agency which offers coun-
seling and health education services to young people and their
families , including Counseling, Screening and Referral ; Crisis
Intervention; Group Counseling, such as single parent problems ,
teen pregnancy, and depression; the Peer Leadership Program, which
trains youth leaders and provides outreach, and referral and peer
mentor services and information; the Outreach Program, to reach
into the community to provide health education, brief counseling,
and a daily drop-in center open after school hours; and a Child
Abuse Prevention Program in the elementary schools.
Ms . Hooper also requested that a half-time job procurement
staff position be established to assist developmentally disabled
adults enter independent, competitive employment.
Questions from the Board focussed on the health education
project to be carried out through the School Department, and funded
Minutes for the Meeting of January 12 , 1994 2
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from a State tobacco grant , and whether funding for the second and
third year of this project was assured; the RePlace drop-in center;
and how the entire RePlace budget related to the amount requested
from the Town.
Also discussed was the 24 hour/on call in crisis response ,
which had not been funded last year. Director of RePlace Bill
Blout asked for funds this year, reporting that presently emergen-
cies
are referred to the Waltham crisis team, but that this was an
inadequate response . In response to suggestions from the Board,
about whether funding could be looked for other than from the Town,
and a suggestion that the complete RePlace budget be reviewed by
the Selectmen, Mr. White noted that the youth services were being
put out to bid this year, and these issues could be reviewed as
part of the bidding .
Mr. White said that the Human Services Committee had been
successful in undergirding its RePlace budget recommendations with
comparisons to industry-wide rates and detailed budget analysis.
Mr. Dailey expressed the Board' s appreciation for the work
done by the Committee, and noted that in the past the Board had
discussed budget with the providers, and that this approach had not
been as helpful as having assistance from the Human Services
Committee.
VETERANS
Human Services/Veterans Agent Steve Baran presented the
Veterans Budget . He reported that in FY93 , $33 , 000 was spent to
fund veterans' services, that $40 ,000 was spent last year, and that
so far this year, $11 , 000 has been expended, and said that this is
reflected in the budget request for this year.
RECREATION
Operating Budget
Department Director Margaret Whitesell described the various
programs run by the Recreation Department, which, since FY91 , have
been funded as an enterprise fund, with fees charged to customers
calculated to cover expenses . She said that the budget also sup-
ports staff who manage and plan recreation activities in Lexington;
that revenue from the Recreation Enterprise Fund funds some recre-
ation capital improvements ; and funding for some personnel , equip-
ment and supply costs for field and pool maintenance, previously
budgeted in the Parks Division of the Department of Public Works,
is also provided through the Recreation Enterprise Fund.
Ms. Whitesell reported that maintenance of the Pine Meadows
Golf Course in now funded by the Department of Public Works, Parks
Division budget .
Ms . Whitesell discussed a new program for Seniors , beginning
this year, and said that the type of activities will be determined
after consultation with the Council on Aging .
Questions from the Board dealt with whether there was any
duplication in programs offered by the Recreation Department and
other Town operated programs; the salary proposed to be offered for
the Recreation Coordinator and the level of salaries , in general ;
and summer programs for children.
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Minutes for the Meeting of January 12 , 1994 3
Capital Bud et
Recreation Committee Chairman Donald Chisholm discussed what
the Town By-Laws say about the role of the Recreation Committee
with regards to capital budget, which is to make recommendations to
the Board of Selectmen.
Mr. Chisholm said that one of the items recommended last year
that the Committee and the Board agreed on was to develop a master
plan for Pine Meadows for the next several years , and that immedi-
ately following Town Meeting last year, the Committee began work on
this development by hiring professional help and by establishing
an ad hoc Citizens' Committee to work with the consultants . The
resulting report recommended various improvements which are priori-
tized. They Committee requests $125 , 000 to begin work on phase one
of improvements at the golf course , with phases two and three to
follow in subsequent years .
Questions from the Board dealt with the cost and scheduling of
various proposed improvements to the golf course. Mr. Chisholm
noted that around 25 , 000 rounds of golf are played there each year.
Mr. Chisholm also discussed the Committee' s second priority
capital item which is the completion of Lincoln Park. He said this
consists of the acquisition and installation of an equipment stor-
age shed; and the installation of a small tot-lot playground to
accommodate the brothers and sisters of team sport players.
Mr. Busa and Mr. McSweeney spoke of the difficulty of schedul-
ing fields for adults , and the need for more playing fields.
_ OTHER BUSINESS
SPAIG
The Board agreed to schedule two meetings before the end of
February, one in the evening and one on a weekend, and invite TMMA
members and others who are interested to join in a discussion of
the final SPAIG report prepared by the Town Manager' s Office.
BROOK CLEANING
Mr. Dailey reported that he attended a meeting today where
representatives of the Sheriff ' s Department said there are people
available to do brush clearing along the sides of brooks ; mosquitoe
control representatives said they may have access to a back hoe
that would be available to come in and clean brooks at a rate of
five dollars a foot ; and that the Conservation Commission is
working on a study of particular brooks that could benefit this .
Upon motion duly made and seconded, it was voted to adjourn at
11 : 03 p.m.
A true record, Attest :
OP; d\
Sara I . Peters
Executive Clerk
40
SELECTMEN' S MEETING
January 19 , 1994
MET STATE UP-DATE
Mr. McSweeney discussed a draft Metropolitan State Hospital
Reuse Plan prepared by the State in cooperation with the Tri--
Community Working Committee, consisting of representatives from
Belmont, Lexington and Waltham. The Committee has been finalizing
its plans and recommendations for use of the land and buildings,
and considering many uses for the open space and the buildings .
They have agreed that any use must not create more traffic; that
g
the fiscal impact of any proposal is very important; and common
needs for the three towns must be agreed upon.
Mr. McSweeney reported that Belmont and Lexington prefer using
the site for open space and housing . Waltham has proposed the
construction of a golf course . Be announced there will be a
housing meeting tomorrow afternoon in the Selectmen' s meeting room
for more discussion of potential uses of the buildings. He added
that Bentley College has expressed an interest in the use of the
buildings .
Questions and comments touched on what response the state is
looking for; concern that all the buildings will end up in Lexing-
j ton as housing , increasing the school population; moving too
quickly to the decision stage ; and concerns about whether a golf
course is affordable and feasible.
Mr. Dailey thanked Mr. McSweeney for the detailed report and
for all the work he has been doing in coordination with the Towns
of Belmont and Waltham for the reuse of the Metropolitan State
Hospital property.
MEETING SCHEDULE FOR FEBRUARY AND MARCH
The Board agreed to schedule meetings for the following dates
and times :
Monday - February 14 , 1994 - 7 : 30 pm,
Monday - February 28 , 1994 - 7 : 30 pm,
Monday - March 7 , 1994 - 7 : 30 pm,
Monday - March 21 , 1994 - 7 : 00 pm,
Wednesday -- March 23 , 1994 --- 7 : 00 pm,
Monday - March 28 , 1994 - 7 :00 pm
Wednesday -- March 30 , 1994 - 7 : 00 pm
MINUTES
The Board reviewed the minutes for the Meeting of November 22 ,
1993 .
Mrs . Eddison requested and the Board agreed to an addition of
comments that she had made under POLICE CHIEF - CIVIL SERVICE on
page 6 , and they were so inserted.
Mr. Busa noted that he had not taken part in any action or
vote on the Item -- RENEWAL OF LIQUOR LICENSES - and it was agreed.
FY that this be reflected in the minutes on page I .
Upon motion duly made and seconded, it was voted to approve
the minutes for the meeting of November 22 , 1993 , as amended.
Minutes for the Meeting of January 19 , 1994 2
f_
APPOINTMENTS - LEXINGTON COUNCIL FOR THE ARTS
The Board discussed a letter from the Lexington Council for
the Arts , dated November 30 , 1993 , proposing candidates , with
resumes , to fill vacancies on the Council . The Board also reviewed
the applications and resumes of Mrs . Teresa Dini and Mr. Nym Cooke,
presented in December and January.
Upon motion duly made and seconded, it was voted to make the
following appointment to the Lexington Council for the Arts .
Mr. Robert Anderson - 3 year term, exp. 9/30/96 , replacing
Melinda Vinton.
Mr. Fenn noted that he thought the Board had carefully re-
viewed all the resumes presented for vacancies on the Council for
the Arts and that he thought that the Council would benefit greatly
from the talents and orientation of Mrs . Dini ' s and Mr. Cooke' s
skills ; and that they would dove-tail best with its needs now and
in the future .
Upon motion duly made and seconded, it was voted to make the
following additional appointments to the Lexington Council for the
Arts .
Mrs . Teresa Dini - 3 year term, exp. 9/30/96 , replacing
Donald Langosy; and
Mr. Nym Cooke - 2 year term, exp. 9/30/95 , replacing Robert
Frank.
COMMON VICTUALLER LICENSE
Mr. Dailey referred to an application for a Common Victualler
License from the new owner of Lexington Square Pizza & Restaurant ,
The Culinary Group, Inc . who plans to make no changes in the opera-
tion of the restaurant except to change the hours from 11 : 00 am to
11 : 00 pm, which is less than the hours now allowed.
Upon motion duly made and seconded it was voted to approve the
application and to issue the license .
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitments of the following charges.
Commitment of Water Charges - 1/ 1994 $436 . 40
( final bills)
Commitment of Sewer Charges - 1/1994 $847 . 93
( sewer rental -- Hanscom Field)
ABATEMENTS
Upon motion duly made and seconded, it was voted to approve
abatement of the following charges.
Abatements: Water, Sewer & Demand, 1/11/94 - Total $24 . 50
REPORT ON THE COMMUNITY CONVERSATIONS
Mr. White and the Board discussed the Report on the Community
} Conversations, prepared by Cindy Boecker and Selectmen Fenn, now
before the Board for its review and acceptance . Mr. White said
that the next step would be to hold public hearings on the report.
The Board agreed to schedule hearings on Saturday, February 12 , at
9: 30 a.m. and Wednesday, February 16 , 7 : 30 p.m. , both at the Clarke
1
Minutes for the Meeting of January 19 , 1994 3
} Middle School , for all citizens who wish to attend and express
their opinions and recommendations of the report. The Board agreed
to consider acceptance of the report at its January 31st meeting .
STREET ACCEPTANCES
Mr. White reported that Mr. Richard Rzedzian, 3 Taylor Lane ,
who asked at the Public Hearing on street acceptances held on
January 10 , that acceptance of Taylor Lane be postponed until
drainage problems there were resolved, has written the Town Manager
saying , that after meeting with Town Engineer Frank Fields , the
problem has been resolved, and he no longer objects to the accep-
tance of Taylor Lane.
Upon motion duly made and seconded, it was voted to accept the
following streets, built under subdivision control , as Town Ways :
Sanderson Road, 1211 ' approx, from Lowell St . to existing
Town Layout .
Orchard Lane , 650 ' approx. from Sanderson Rd. to the end.
Mead Circle, 325 ' approx. from North Emerson Rd. northerly to
the end.
Taylor Lane , 500 ' approx. from Revere St . southerly to the
end. i -
Batt le Green Road, 375 ' approx. from Minute Man Lane easterly
to the end.
Royal Circle , 625 ' approx. from Grove St . easterly to the end.
Sunset Ridge, 750 ' approx. from Buckman Drive easterly to
the end.
BUDGET REVIEW
COUNCIL ON AGING
Mr. Dailey invited Council on Aging Director Linda Vine and
Chairman Robert Cushman to discuss their budget with the Board.
Mr. Cushman reported the budget was level funded, because many
of the facilities programs are operating at full capacity, and any
new programs are self-supporting .
He reported that the social day-care program has been expanded
from three days to four days and continues to be self-supporting.
He added that the supper club program is also an example of a very
successful program. He spoke of problems with scheduling to avoid
simultaneous staffing program needs and the need for more room.
The Board had questions about the lunch program that was
phased out several years ago , and praised the operation supervised
by the Council .
INSPECTIONAL SERVICES
Building Commissioner Stephen Frederickson discussed the
consistency of the number of building permits that are taken out
each year, not varying by more than 5 or 10 ercent• and he noted
that this does not seem to be driven by the economy. He reported
that permit fees were increased last February; that the they are
working on centralization of all files, so that there will be one
file location containing all information on a property, so that any
permits issued by the Town and other records are located in one
place .
- /7
Minutes for the Meeting of January 19 , 1994 4
He added that the staff is in the process of revising and stream-
lining the current application process , and of creating brochures
which clearly explain the new permit and licensing process to home
and business owners .
Mr. Frederickson also said that inspections of construction
work at Lexington Ridge have taken up much of their time this year,
and have generated large building permit fees .
Questions from the Board dealt with staffing , which remains
the same; the advisory role played by the Building Commissioner in
Board of Appeals matters; whether the creation of one permit for
all work to be done would be feasible ; and the development of a
check list of zoning issues .
The Board expressed its appreciation for the work that has
been done in reorganizing the Department, and for future plans to
make its interaction with the public more friendly.
POLICE - OPERATING
Acting Police Chief Chris Casey reported that the Police
Department budget was level funded and described a training program
in which department personnel is participating . Acting Chief
Casey also discussed cruiser patrol problems ; the "Park, Lock and
Walk" program; traffic safety efforts; parking meter maintenance ;
the DARE program; and the Youth. Diversity Program.
Acting Chief Casey praised the work of Bigelow Moore , and
spoke of the need for another DARE officer and another safety
officer. He also discussed the Department ' s priorities for capital
improvement projects .
In response to questions from the Board, Acting Chief Casey
reported on the implementation of E911 statewide ; the accreditation
process , noting that Lexington has always maintained the standards
required, with or without the process ; and said that there will be
a more detailed presentation of the proposed combined police and
fire dispatch renovations at the Board' s meeting on January 31 ,
1994 .
FIRE -- OPERATING
Fire Chief John Bergeron said that it was a pleasure to make
his 17th annual budget presentation to the Board on behalf of the
Lexington Fire Department. Be suggested that the name of the
Department might be out of date since its services also include,
among other things , emergency medical service , dealing with pollu-
tion and chemical emergencies, emergency disaster service , and
educating citizens in how to protect themselves in fire or disaster
situations . Be noted and read some of the letters of appreciation
received from grateful citizens who have been helped by the Depart-
ment, and explained a preliminary proposal for communities to share
some special services.
Chief Bergeron reported the budget is level funded; that 90%
of this year' s budget is people; discussed the reductions in
staffing levels over the past two years , there are six vacancies;
and described some of the activities of the Department .
eo
Minutes for the Meeting of January 19 , 1994 5
In response to some questions from the Board, Chief Bergeron
reported that four people from the Fire Department will be part of
the combined dispatch center; and that there were approximately
3 , 000 fire and ambulance runs by the Department last year.
Mr. Dailey thanked the Chief for his budget presentation, and
noted that the Board regularly receives copies of letters from
appreciative citizens praising members of the Fire Department .
Mr. McSweeney personally thanked the Department for its quick
and professional response to an emergency his family had.
LEXPRESS -- FOLLOWUP
LEXPRESS Coordinator Barbara Lucas presented additional
information requested by the Board at its January 3 , 1994 meeting
in which it asked for a financial breakdown, on a monthly basis and
over one calendar year of LEXPRESS' s ridership, the transportation
budget for fiscal years 1994 and 1995 , as well as revenue numbers
and a ridership breakdown which was 21% senior citizens ; 17%
adults ; and children, 59% in 1992 .
Mrs . Lucas went over additional information, and said that,
based on the figures, Dial-A--Ride does not appear to present a
viable alternative to LEXPRESS service .
Comments from the Board included concerns that the
services overlap and provide duplication of service for one group
of people .
The Board expressed its appreciation to Mrs . Lucas for provid-
ing it with the information they had requested.
NEW BUSINESS
Mr. Dailey reportedAppropriation that A ro riation Committee Chairman
George Burnell has asked to be placed on the January 31st agenda to
present the thinking of the Appropriation Committee on this year' s
budget .
Mr. Fenn reported that he will organize a review of the Town
Manager position, and asked each Board member to prioritize the six
most important requirements that he/she would expect would be
necessary for the position.
Upon motion duly made and seconded, it was voted to adjourn at
10 : 58 p.m.
A true copy, Attest:
Sara I . Peters
Executive Clerk
rl 4c,
SELECTMEN' S MEETING
January 31 , 1994
A regular meeting of the Board of Selectmen was held on
Monday, January 31 , 1994, 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 .
APPROVE AND SIGN THE WARRANT FOR THE 1994 ANNUAL TOWN MEETING
Upon motion duly made and seconded, it was voted to approve
and sign the Warrant for the 1994 Annual Town Meeting.
APPROPRIATION COMMITTEE REPORT
Appropriation Committee Chairman George Burnell presented the
recommendations of the Appropriation Committee as to where it
stands on budget issues at this time.
He noted that two issues were driving the budget : school
enrollment, and wages/benefits for employees . He said the Commit-
tee thought this was a classic year for a wage freeze, but it would
have to be equitable and a freeze for all .
Mr. Burnell listed the cuts recommended by a majority of the
Committee:
1 ) convert to standard high pressure sodium street lighting ,
which supposedly would save $120 , 000 , if done by March;
2 ) eliminate one police cruiser , saving $128 , 000 ; and
3 ) either close the East Lexington Fire Station or privatize the
Ambulance service , saving 'S300 000 .
=
Mr. Burnell also reported on other recommendations that the
Committee was in general agreement on:
1 ) no cuts in the Library budget at this time;
2 ) no specific recommendations on LexPRESS , but hope they might
come up with some cuts in services that now may be duplicated
by school bus services ;
3 ) reduce Police uniform budget ;
4 ) privatize the Turf Management program;
5 ) do not sell the cemetery;
6 ) opposition to any cuts in REPLACE;
7 ) the privatization of all custodial service in Lexington; and
8 ) whether adding additional classrooms to Fiske and Harrington
Schools should not be considered instead of reopening Hasting
School .
Mr. Burnell concluded by saying that the Committee looks
forward to balancing the budget without an override .
Questions from the Board dealt with combining maintenance of
Town and School buildings; the elimination of a Police cruiser; the
elimination of possible duplication of bus service by LexPRESS and
School buses ; and the feasibility of adding classrooms to Hastings
and Harrington Schools as opposed to reopening Hastings School .
Mr. Dailey thanked Chairman Burnell for the Committee' s report
and for coming in early with its recommendations .
COMBINED DISPATCH CENTER
Mr. White provided the Board with an overview of the improve-
ments proposed under Article 15 in the Warrant for the 1994 Annual
Town Meeting .
Minutes for the Meeting of January 31 , 1994 2
Listed by Mr. White , these include:
1 ) Americans with Disabilities Act Compliance - construction
proposes a ramp to provide access to the first floor; handi-
capped toilets and accessibility to the dispatch area;
2 ) The provision of an E911 ready dispatch facility including new
partitions , doors and lockers, as well as the equipment re-
quired for consolidation of the combine fire and police dis-
patch function;
3 ) Refurbishment of the 80 to 100 year old cells ; new plumbing
and air conditions and other facilities that will bring the
station into compliance with State incarceration standards;
and
4 ) The provision of women' s facilities for female members of the
force which do not exist at present; and
5 ) Minor improvements at the Fire Station once the fire
dispatch area is consolidated with the police dispatch at
the Police Station;
Mr . White also presented two separate budget breakdowns ; one
for equipment and another for construction remodeling for the
proposed consolidated dispatch area.
Mr. White introduced Brent Donham, Principal of Donham &
Sweeney, engineering Manager, who will do the architectural renova-
tions; and Peter Berry, Senior Consultant for RAM Communications
Consultants, who will provide the equipment for the combined
dispatch center. They presented the Board with a more detailed
break-down of improvements proposed under Article 15 in the Warrant
for the 1994 Annual Town Meeting, and Mr. White noted that the goal
was to have a bid package ready in time for Town Meeting .
The Board had questions about whether or not the building
would be enlarged - it would not ; ways to reduce the cost of the
project without jeopardizing the integrity of the project; and
whether or not to discontinue the fire alarm system.
BATTLE GREEN INN
The Board discussed a memo to the Town Manager, dated 1/26/94 ,
from Chief Bergeron who reported that there had been a fire on one I -
of the Inn' s guest rooms ; that the alarm system did not activate ,
and that a competent person has been assigned to make repairs .
Mr. Bergeron said he thought the Board should consider having
the Battle Green management appear before a Selectmen' s meeting to
discuss actions to take if the problem is not immediately cleared
up. He added that the department is now formulating a comprehen-
sive order for additional work on the fire protection system.
The Board agreed that if the repaired system was not in
compliance with the Fire Department' s requirements within 10 days ,
it would consider revoking the Inn' s Innkeeper' s License.
MINUTES
Upon minutes duly made and seconded, it was voted to approve
the minutes for the meeting of December 20 , 1993 .
VOTE TO SIGN RELEASE OF EASEMENT/JOHN BENSON ROAD
Upon motion duly made and seconded, it was Voted: to release
to Carriage Drive Nominee Trust the existing additional ' wide sewer
easement shown on Lots 11 and 12 on a plan entitled "Easement
Minutes for the Meeting of January 31 , 1994 3
Abandonment Plan located in Lexington Massachusetts (Middlesex
County) " dated July 23 , 1992 by Meridian Engineering Collaborative,
Inc .
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitment of the following charges.
a. Commitment of Water Charges - 1/18/94 $130 . 00
( additional bills )
b. Commitment of Sewer Charges - 1/18/94 $354 . 15
(additional bills)
c . Commitment of Water Charges - Jan. 1994 $181 . 62
( final bill )
d. Commitment of Sewer Charges - Jan. 1994 S302 . 64
( final bill )
e . Commitment of Water Charges - Jan. 1994 $2 , 688 , 149 . 00
(town wide bills)
f. Commitment of Sewer Charges - Jan. 1994 $1 , 764 , 180 , 98
(town wide bills )
SNOW, ICE, WINTER UPDATE
The Board heard a report from DPW Director Richard Spiers
regarding DPW winter activities .
Mr. Spiers reported that since January 4 , Water and Sewer
Crews have repaired 19 water main breaks; that there is over 4 feet
of frost in the ground; and temperatures ranged from minus 10 to
minus 14 degrees during some of these repairs .
Mr. Spiers spoke of the purchase of a hydraulic frost breaker
in 1990 that has been a lifesaver for the Water/Sewer crews every
winter and especially this month.
Mr. Spiers reported that there have been 12 sanding operations
since November 30 , with a total snow accumulation of 40 inches to
date . He praised the Equipment Division for keeping the fleet on
the road; custodians who kept the walkways clear, the buildings
clean and struggled with ice dams in the gutters of the Town
buildings ; and the clerical staff who responded to the hundreds of
telephone calls generated by the bad weather.
Mr. Dailey thanked Mr. Spiers for the Department for all their
hard work and asked that the appreciation of the Board be conveyed
to all the workers .
STREET LIGHTS
Mr. White reported that fifty test lights have been ordered
for installation in selected subdivisions without any street
lights . He added that Boston Edison has provided the Town with an
estimate of $9 , 511 per year. He added that the Town is going ahead
with the installation of these lights and Mr. White with keep the
Board informed. The Lighting Committee will be invited to meet
with the Board late in February for a report from them.
PARKING PROGRAM INCENTIVES
The board discussed a memo from Pauline Burke regarding a
reduction of fees at the Church of Our Redeemer parking lot as
followup to issues raised during the DPW budget review, proposing
Minutes for the Meeting of January 31 , 1994 4
the Board approve the reduction of the annual parking fee from.
$160 . 00 to $150 . 00 .
Upon motion duly made and seconded, it was voted to adopt a
special rate to reduce the annual
P parking fee from $160 . 00 to
$150 .00 at the Church of Our Redeemer parking lot.
WACHUSETT RESERVOIR
Mr. White reported that the MWRA requires filtration of all
its water supply, and has signed a consent order regarding the
filtration of the water at Wachusett Reservoir. Mr. White added
that Water Superintendent Bill Hadley has asked that the Board be
informed that this information has been included in the mailing of
the latest water bills .
POLICE CHIEF SELECTION PROCESS
In response to a request from Mr. McSweeney at a previous
meeting , Mr. White presented an update of the Police chief selec-
tion process. Be reported that the Town is working with the
Department of Personnel Administration to complete a job analysis
and negotiate testing and selection authority. Be added that they
hoped to be able to acquire delegation of authority from DPA by
March 1 , to the Town of Lexington, disseminate reference/orienta-
tion information by March 7 , and conduct the Assessment Center
during the week of April 17 , which would mean that the Assessment
Center results would be available by the first of May, if all goes
reasonably well .
CITATIONS FROM THE DAR & LEXINGTON MINUTEMEN COMPANY
Neil Cronin has reported to the Board on two citations he has
received: the first from the Lexington Chapter of the Daughters of
the American Revolution for excellence in community service ; and
the second citation from the Lexington Minutemen Company, naming
him a honorary life member for meritorious patriotic service to his
town, state and country.
Mr. Dailey expressed the appreciation of the Board to Mr.
Cronin for sharing his honors with the Board.
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 : 28 p.m.
A true record, Attest 7
( )
/4/Aff„.
Sara I . Peters
Executive Clerk,