HomeMy WebLinkAbout1999-11-BOS-min 61-426
Selectmen's Meeting Minutes
November 1, 1999
A regular meeting of the Board of Selectmen was held on Monday,November 1, 1999 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mrs. Eddison,
Mrs. Krieger, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town
Counsel; and Ms. Smith, Executive Clerk were present.
Public Comments
Alan Lazarus from the Executive Board of the Town Meeting Members Association reported on
the concern of some of their members that the recently distributed Town Y2K pamphlet
increased anxiety rather than eliminated it. They felt the concern was so great that the Selectmen
should send out a letter assuring members of the community that you have indeed tested the
Town's facilities, that you do not expect things will happen and if they do, it should be short
lived.
Mr. Enrich thanked Mr. Lazarus and said the Board will be sending out a newsletter before the
end of the year and the Board intends to address Y2K. The Town has also been approached by
another group of citizens who feel that the Town's Y2K preparedness information is not enough.
Mrs. Krieger reminded everyone that there is a Y2K informational meeting scheduled for
November 18. Boston Edison, Boston Gas and Stop and Shop are ready for Y2K.
Steve Tripi said he had read the article in last week's paper concerning the Board not speaking in
unison. He indicated the way the article came off to him was that the Chairman was telling
Board members how to talk to the Press and that they do not speak at meetings because they
don't want the public to know what they are thinking. He said he read the article as saying the
Chairman doesn't want Board Members to speak without the Chairman's approval.
Mr. Enrich explained that was not what he intended to convey. For the most part the story in the
Minute Man was an accurate reporting of what occurred at our meeting and my subsequent
conversation with the reporter. The one point that you raised about members being silent at
meetings for fear of being misquoted in the Press was not really what I intended to say and not
what I believe I said. I believe what I said was that some members are hesitant about speaking
with the Press. If that is not what I said, that is what I intended to say and I do think that is the
case. I think there is a judgment that each member needs to make for themselves. I know that
was one of the hardest things I had to learn to do was to talk with the Press in a way that I felt
comfortable about both being open and accessible and honest and at the same time not finding
myself taken out of context or misinterpreted. That was not dealing with the Lexington Press,
but the Boston Press which may be of a somewhat different issue. The basic thrust of the
remarks that I made in our meeting a couple of weeks ago was not in any way to suggest that any
member shouldn't speak to the Press or should not in any way withhold their own views from the
Press. It was rather that in speaking to the Press it is very important to draw the distinction
between speaking on behalf of and representing the positions of the Board and speaking for and
representing oneself as an individual. The concern was that several of the comments that were
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Selectmen's Meeting -November 1, 1999
reported in stories of several weeks ago appear to represent positions of the entire board and that
is something that can be misleading to the public and something that is a delicate and sometimes
difficult distinction to draw and what I was trying to in a relatively low-key manner was to draw
attention to a concern that members and I think this applies to all of the members of the Board to
be careful about drawing that distinction in your discussions with the Press. That was the full
extent of the intent and there was certainly no intent whatsoever that anyone on the Board, least
of all Ms. McKenna, should try to refrain from speaking to the Press about issues that concern
them as individual members of the Board.
Amy Kaufman of Middle Street spoke of the neighborhood concerns about the safety in the area
and asked when the streetlights were going to be turned on again. The area has no sidewalks and
they are living with new house construction where there has been repeated run off during storms.
Mr. Enrich thanked Mrs. Kaufman for bringing these two matters to the Board's attention. DPW
Director George Woodbury said Boston Edison has been instructed to restore all streetlights in
Town and they are expected to start next week. He also said that DPW has had to clean up
Middle Street twice after runoff from construction work and both times have billed the builder
for the work. Building Commissioner Steve Frederickson said there is no regulations for runoff
on the street. He asked the residents to keep him informed of future problems.
Perry Pollins spoke of his concern about the Town's not receiving reimbursement for the school
project. Mr. Enrich and Mrs. McKenna explained that the Town of Lexington is guaranteed that
they are on a priority list and will receive reimbursement because Lexington is scheduled for a
full rehab of the school buildings as opposed to a partial rehab.
Consent Agenda
Auctioneer's License
Upon motion duly made and seconded, it was voted to approve the request from Metropolitan
Antiques for an Auctioneer's License for November 6 and 7, 1999 at Heritage Hall.
Hearings
Metromedia/MFS Grant of Location
Assistant Town Engineer David Carbonneau reviewed three route options through the center of
Town that will complete Metromedia's grant of location request at a hearing on October 18 that
was continued to this meeting. Mr. Carbonneau explained that although all three routes are
feasible, Metromedia would be agreeable to either Route A or Route B; however, Route X would
not serve Metromedia's customers as the route would follow the already approved path along the
bike path and therefore they cannot agree to Route X. Route X would greatly reduce the high
level of operation because of the redundancy of the route. Both Routes A and B have been fully
engineered.
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Selectmen's Meeting -November 1, 1999
Mr. Enrich indicated it would be his preference to recommend Route B. Mrs. McKenna would
prefer to see Route X as that route is more direct and will go over areas that are going to be dug
up along the bike path.
Upon motion duly made and seconded, it was voted 3-2 (Mrs. Abbott and Mrs. McKenna
opposed) to approve the petitions of Metromedia Fiber Network Service Inc. to lay and maintain
underground conduits and manholes, with the wires and cables to be placed therein, under the
surface of the public ways shown as Route B running from Muzzey Street to Raymond Street to
Mass. Ave. to Bedford Street along and across the following public ways:
Municipal Parking Lot: From Muzzey Street, easterly to the Bell Atlantic CO., a distance of
approximately 406 feet and,
Muzzey Street: From the intersection of Raymond Street northerly to the Municipal Parking Lot,
a distance of approximately 200 feet and,
Raymond Street: From the intersection of Muzzey Street westerly to the intersection of Clarke
Street, a distance of approximately 408 feet and,
Clarke Street: From the intersection of Raymond Street northerly to the intersection of
Massachusetts Avenue, a distance of approximately 548 feet and,
Massachusetts Avenue: From the intersection of Clarke Street westerly to Bedford Street, a
distance of approximately 100 feet.
Harrington Road: From the intersection of Bedford Street westerly to Massachusetts Avenue, a
distance of approximately 596 feet.
Boston Edison - Edgewood Road Hancock Street
Boston Edison Representative Carol McManus presented the petition of Boston Edison for a
grant of location to relocate existing overhead electric service at 27 Hancock Street to an
underground service at the homeowner's request.
Mrs. McKenna asked if they would be actually digging up Hancock Street and was told that they
would be on the sidewalk on a grass strip at the corner of Hancock and Edgewood.
Upon motion duly made and seconded, it was voted to approve the petition of Boston Edison
Company to lay and maintain underground conduits and manholes, with the wires and cables to
be placed therein, under the surface of Edgewood Road: Install conduit, southerly, approximately
15 feet east of Hancock Street, a distance of about 6 feet and provided that there be no street
opening of Hancock Street.
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Selectmen's Meeting -November 1, 1999
Bell Atlantic - Middle Street
Bell Atlantic Representative Dan Fitzgibbon presented the petition of Bell Atlantic for a grant of
location to provide telecommunications service to a new house at 82 Middle Street.
Neighbors expressed concerns about the conditions of Middle Street and the failure of the
contractor to prevent the runoff onto Middle Street. Mr. Woodbury indicated he has had DPW
clean up the street twice and bill the contractor. The neighbors were also concerned that the
street not be torn up for a long period of time. Mr. Woodbury suggested that there be conditions
written into the street opening permit requiring them to use flowable filling that does not settle
and then a patch over.
Upon motion duly made and seconded, it was voted to approve the petition of Bell Atlantic to lay
and maintain underground conduits and manholes, with the wires and cables to be placed therein,
under the surface of Middle Street. Starting at pole number 66/22 on the westerly side of Middle
Street, place conduit in an easterly direction, a distance of 22 feet(±) to a new home at#82 and
subject to conditions set forth in the street opening permit by the Public Works Director.
Budget Reviews
Finance Department
Finance Director John Ryan reviewed the proposed FY2001 budget for the Comptroller's Office,
Assessors, and Revenue Offices. Mr. Ryan also reviewed the Retirement Budgets and long and
short term debt.
MIS Department
Newly appointed MIS Director Connie Rawson reviewed the MIS budget that has evolved from
being part of the Finance Department to a separate budget.
Fire Department
Assistant Fire Chief Peter Torode reviewed the Fire Department's requested budget.
Community Development
Building Commissioner Steve Frederickson reviewed the requests of the Community
Development program consisting of the Board of Appeals, Historic Districts Commission, the
Building Inspectors, Conservation and Health Departments.
NESWC Check
State Representative Jay Kaufman presented a check in the amount of$168,358 to assist
Lexington in offsetting the costs incurred by the NESWC Communities for waste combustion
retrofitting at the North Andover facility. Rep. Kaufman praised the hard work of DPW Director
George Woodbury on behalf of the Town.
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Selectmen's Meeting -November 1, 1999
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the Special
Meeting of October 7, 1999.
Resignations/Appointments/Reappointments
Communications Advisory Committee
Upon motion duly made and seconded, it was voted to accept the resignation of David Balsom
from the Communications Advisory Committee and to appoint Edmond Vail to replace Mr.
Balsom for a term to expire September 30, 2001.
Board of Appeals
Mr. Enrich explained that the Board of Appeals will be conducting a continued hearing on
November 19 that would require Mr. McWeeney attendance. Mr. McWeeney has agreed to sit at
that hearing and then Mr. Whittemore will conduct the rest of the hearings on Nov. 18.
Therefore, it is necessary to make November 19, 1999 the effective date of Mrs. Uhrig's
appointment.
Upon motion duly made and seconded, it was voted 4-1 (Mrs. McKenna opposed)to make the
appointment of Judith Uhrig to the Board of Appeals effective November 19, 1999.
Building Finance, Business and Privatization Committees
Upon motion duly made and seconded, it was voted to dissolve the Building Finance, Business
and Privatization Committees.
Space and Building Needs Assessment Advisory Committee
Upon motion duly made and seconded, it was voted to appoint the following individuals to the
Space and Building Needs Assessment Advisory Committee: Don Chisholm, Michelle Ciccolo,
John Davies, Karen Dooks, John Frey, Diana Garcia, Peter Kelley, Joe Medlin, Fred Rosenberg
and Sheila Watson and Dawn McKenna representing the Selectmen who will Chair the
Committee.
Ambulance Bill Abatements
Mrs. McKenna requested postponing action on the ambulance bill abatements to the meeting on
November 22.
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Selectmen's Meeting -November 1, 1999
Selectmen Liaison Reports
SWAT
Mrs. Krieger reported for the SWAT Committee that Wheelabrator is part of a consortium of
incinerator operators in the Merrimack Valley in suit with the State of Massachusetts challenging
the state's requirement that they elevate the emission levels, exactly the emission levels that we
have just negotiated in a settlement with NESWC. Wheelabrator entered into the suit because
they are an operator of another incinerator in the Merrimack Valley and that will unlikely be able
to meet the requirements. The City of Andover has written to Wheelabrator that they have made
a commitment to the requirements of the State and Mrs. Krieger recommends that Lexington do
the same and send a letter to Wheelabrator reminding them of their commitment and our
expectations.
Upon motion duly made and seconded, it was voted to send such a letter to Wheelabrator.
HATS
Mr. Enrich reported on a HATS meeting he attended in place of Mrs. Krieger. Members of
Massport's Noise Working Group have developed quite a substantial series of proposals for
improvement in both noise mitigation matters at Hanscom and recommendations that would be
relevant to the next GEIR. They would like to present their report to the Selectmen of each of
the four towns and Lexington will be inviting them to come to a Selectmen's meeting in the near
future.
Resolution- Limerick Ireland Invitation
Mr. White asked the Board's approval to send a resolution to the Mayor of Limerick, Ireland
thanking him for inviting the Lexington High School's participants in the LABB Program for a
visit to Limerick. The group is leaving tomorrow.
Upon motion duly made and seconded, it was voted to sign a resolution thanking the Mayor of
Limerick, Ireland for his invitation.
Upon motion duly made and seconded, it was voted 5-0 by roll call vote: Mr. Enrich, Mrs.
Eddison, Mrs. Krieger, Mrs. Abbott and Mrs. McKenna to go into executive session for
discussion of a matter of litigation with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 11:10 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
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Selectmen's Meeting Minutes
November 8, 1999
A regular meeting of the Board of Selectmen was held on Monday,November 8, 1999 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mrs. Eddison,
Mrs. Krieger, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town
Counsel; and Ms. Smith, Executive Clerk were present.
Public Comments
Anne Freymer and Carol Digianni who are co-chairs of a Citizen Y2K group expressed their
concern that more information needs to be given to residents on what to do in preparation for a
possible power outage of three to five days at the turn of the millenium. Mrs. Digianni also
mentioned that the TMM Executive Board is considering a neighbor to neighbor program.
Mrs. Eddison thanked all who participated in the Clean and Green program. It was a beautiful
day and there were around 50 people working all over Town and it was a very successful
venture. One of the things that everybody came away with is that it should be done every year.
It hasn't been done in six years.
Consent Agenda
Upon motion duly made and seconded, it was voted to approve the following Consent Items:
Use of Battle Green
Ratify Poll Vote to approve the request from the Parishioners of the First Parish Church to hold a
silent vigil for peace on the Battle Green on Friday,November 5 from 8:00 a.m. to 8:30 a.m.
Package Store Holiday Season Openings
Approve the request from the Package Store owners to open on the Sundays between
Thanksgiving and New Year's Day subject to the regulations imposed by the Alcoholic
Beverages Control Commission.
Water/Sewer Commitments and Abatements
Commitment of water charges for 7/1/99 to 7/31/99 $7,292.22
Commitment of sewer charges for 7/1/99 to 7/31/99 $14,367.77
Adjustments of water charges for 7/1/99 to 7/31/99 -$4,033.41
Adjustments of sewer charges for 7/1/99 to 7/31/99 -$12,966.10
Adjustments of water charges for 8/1/99 to 8/31/99 -$1,175.89
Adjustments of sewer charges for 8/1/99 to 8/31/99 -$3,235.82
Proclamation
Sign the Proclamation for Employee Recognition Day to be held on November 17.
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Selectmen's Meeting -November 8, 1999
License Renewals
Issue Licenses for Exhibition of Motion Pictures on Sundays and Week Days to Marble Rock
Cinema Corp./d/b/a Cinemas I and II.
Use of Battle Green- Peace Vigil
Upon motion duly made and seconded, it was voted to approve the request from the Parishioners
of First Parish Church to hold a peace vigil on the Battle Green on Friday mornings from 8:00
a.m. to 8:30 a.m. through the end of December, 1999 and that if they wish to continue the
practice next year, the Parishioners will again ask for permission in writing.
Street Acceptance
Upon motion duly made and seconded, it was voted the intent to layout as a public way and sign
a "Notice of Intention to Layout" and a "Constable's Directive" for each of the following streets:
Howard Munroe Place - From Woburn Street to its terminus.
Litchfield Road - From Lowell Street to its terminus.
Johnson Farm Road - From Flintlock Road to its terminus.
Fox Run Lane - From East Street to its terminus.
New Year's Eve - Last Night 1999
Upon motion duly made and seconded, it was voted to approve the request from the Sheraton
Lexington Hotel to extend their serving hours for alcoholic beverages to 1:00 a.m. on January 1,
2000 and to delegate to the Town Manager authority for other similar requests, subject to the
review of the Executive Clerk to the Board and the Police Chief.
Upon motion duly made and seconded, it was voted to waive the following Selectmen Rules &
Regulations for the evening of December 31, 1999:
1. No hawker or peddler shall permit or cause a vehicle of any kind to stand nor shall he
attempt to sell, solicit sales or make any sales within a distance of 50 yards of any church,
school or other public building in the Town of Lexington.
2. No hawker or peddler shall permit or cause a vehicle of any kind to stand nor shall he
attempt to sell, solicit sales or make any sales on Massachusetts Avenue from the
Arlington line to the Lincoln line nor within a distance of 200 feet of said Massachusetts
Avenue.
3. Permit fee of$5.00 to be charged by the Police Department.
It was further voted to extend the time that hawkers and peddlers be allowed to solicit sales from
9:00 p.m. to 1:00 a.m. January 1, 2000.
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Selectmen's Meeting -November 8, 1999
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
October 18, 1999.
Report of Lexington 20/20 Vision Steering Committee
Chair of the Steering Committee Fernando Quezada gave the Board an overall recap of the
activities of the Committee to date, a summary of the October 2, 1999 Fall Forum, the participant
roles for the next stage and an outline of future process steps. Mr. Quezada thanked all the
members of the Committee for their hard work and praised the assistance of Candy McLaughlin,
and Michael Baker from the Town Manager's Office. Mr. Quezada also asked that the Board
appoint two new members to the Steering Committee.
Upon motion duly made and seconded, it was voted to appoint James Hoyte and Heather
Hartshorn Sweeney to the Steering Committee.
Mr. Enrich thanked Mr. Quezada and reiterated that there has been a lot of work done by an
extraordinary group of people and the Committee has a long way to go although the harder part
of the work is done.
Budgets
Public Works
DPW Director George Woodbury reviewed the Public Works budget requests for FY2001 for the
following: DPW Administration $413,857; Engineering $319,109; Street Lighting $325,264;
Parking Operations $63,348; Highway Mainenance $890,322 Road Machinery $538,437; Snow
Removal $347,125; Park Division $788,411; Tree Maintenance $231,725; Cemetery $268,917;
Refuse Collection $720,000; Recycling $517,769; Refuse Disposal $1,453,674; Building
Maintenance $571,795; Lexpress $265,839; Chair Car $15,895; Water Operation and
Maintenance $1,620,451; Water Debt $82,136; Water Regional Charges $2,696,066; Sewer
Operation& Maintenance $1,041,185; Sewer Debt $1,557,798; Sewer Regional Charges
$6,393,719. Mr. Woodbury also reviewed three service demand requests.
Mr. Woodbury spoke of taking on the maintenance of the Senior Center, Libraries and the Fire
Stations. The Lexpress operation is now in the Public Works Office. There has also been
continual growth in the Recreation programs that DPW supports. There has also been an
increase in the maintenance of the infrastructure. Along with the increases there has been a 10%
cut in manpower. Emphasis has been put into productivity, reexamining operations, looking at
alternative ways of doing things and looking for additional sources of revenue. The biggest
challenge to DPW is managing customer expectations. There is a need to look at predicting an
annual work plan and the cost of what the plan is going to entail. Public awareness is increasing
in the trash disposal area. We need to prepare ourselves for 2005 when the contract expires.
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Selectmen's Meeting -November 8, 1999
Mr. Woodbury praised the work force. They are very committed to what they do and take pride
in their work but are concerned that they can't give their work the kind of quality they would
like. The morale is down. They are wondering when the cuts will end and are concerned about
layoffs.
Recreation
Recreation Director Karen Simmons reviewed the Recreation Activities and Pine Meadows Golf
Course budgets.
Capital Budget Requests
Ms. Simmons also reviewed three capital requests, two to be funded from the Enterprise Fund
and the third, playground improvements at Sutherland Park to build a tot lot is requested from
the General Fund.
George Woodbury reviewed capital requests for the Town Building Envelope to upgrade Cary
Hall to accommodate the Library during renovations and to do some much needed work at the
East Lexington Library, street preventative maintenance, street reconstruction, DPW equipment,
and storm drain work.
Resignations/Appointments/Reappointments
Tourism Committee Appointment
Upon motion duly made and seconded, it was voted to appoint Barbara Lucas to the Tourism
Committee.
Historic Districts Commission
Upon motion duly made and seconded, it was voted to accept the resignation of Sara Chase as an
Associate member of the Historic Districts Commission.
Mrs. Eddison reported that the Cary Library Trustees interviewed three strong candidates for
membership to the Historic Districts Commission. The Trustees recommend appointing Dan
Fenn to full membership bringing his strengths in dealing with the public and the process.
Mrs. McKenna spoke of her concerns in appointing Mr. Fenn because of a possible conflict of
interest with respect to the Library project. Mr. White advised the Board that Mr. Fenn is aware
of conflict and has indicated he would not sit on the Commission in the Library matter.
Upon motion duly made and seconded, it was voted 4-1 (Mrs. McKenna opposed)to appoint
Dan Fenn as a full members of the Historic Districts Commission.
Upon motion duly made and seconded, it was voted to adjourn at 10:40 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
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Selectmen's Meeting Minutes
November 22, 1999
A regular meeting of the Board of Selectmen was held on Monday,November 22, 1999 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mrs. Eddison,
Mrs. Krieger, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town
Counsel; and Ms. Smith, Executive Clerk were present.
Mr. Enrich called the meeting to order and explained that Mrs. Eddison is delayed at another
meeting and will join the meeting later.
Citizen Comments
Mrs. McKenna reported that she had attended the high school musical and how impressed she is
with the quality of the performance that seems to improve every year.
Mrs. McKenna also spoke of the nice working relations between the Museum of Our National
Heritage and the Town. The Museum is currently displaying the works of 24 winners among
third graders in the George Washington Art Poster Contest.
Consent Agenda
Warrant Closing and Date of First Session of 2000 Annual Town Meeting
Upon motion duly made and seconded, it was voted to set the date for the closing of the Warrant
for the 2000 Annual Town Meeting at 4:30 p.m. on Wednesday, December 29, 1999 and to set
the date of the first session of Town Meeting on March 27, 2000.
Accept Trust Funds
Upon motion duly made and seconded, it was voted to accept the following Trust Funds:
Richard and Jeanne Kirk Fund, Jack and Sally Gardner Fund, Willard's Woods Conservation
Land Fund and Michael Wagner Educational Technology Fund for Teacher Recognition.
Boston Edison/Bell Atlantic Grant of Location- Childs Road
Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison
Company and New England Telephone and Telegraph Company (Bell Atlantic)to lay and
maintain underground conduits and manholes, with the wires and cables to be placed therein,
under the surface of Childs Road:
Boston Edison install conduit, northerly, approximately 588 feet east of Hastings Road, a
distance of about 9 feet.
Bell Atlantic starting at pole 341/10, on the northwesterly side of Childs Road, place conduit in a
northerly direction, a distance of about 5 feet.
The approval was given subject to coordination of street opening.
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Selectmen's Meeting -November 22, 1999
Boston Edison Grant of Location - 135 Woburn Street
Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison
Company to lay and maintain underground conduits and manholes, with the wires and cables to
be placed therein, under the surface of Woburn Street: Install conduit southerly, approximately
105 feet east of Utica Street, a distance of about 12 feet.
Request to Use Battle Green
Mrs. Eddison joined the meeting during this discussion.
Mr. Enrich reported that the Board had a series of requests from David Kaufman to place
structures on the Battle Green. Mr. Enrich proposed to take them up in the order in which they
would be placed on the Green. Mr. Kaufman has requested permission to erect a 4' by 8' white
plywood sign with inscription on the Lexington Battle Green for a three-week period during the
time the Creche is placed there. The inscription would read "The adjoining Creche is a privately
owned, religious structure placed on the Battle Green by The Ecumenical Council of the Knights
of Columbus and the Masons which is independent of the K. of C. and the Masons, but is
composed of members of those orders. It does not represent an "establishment of religion" by
the Town of Lexington. It is placed here in spite of the objections of Lexington citizens of many
different faiths, who believe that private, sectarian, religious displays are inappropriate on public
lands. Citizens for the Protection of the Battle Green"
Mr. Enrich indicated that the Ecumenical Committee as part of their permit is required to place a
sign on the Creche showing ownership of the display. The Ecumenical Committee has presented
their plans to place two visible signs on the front and back of the Creche that will read "A private
Christmas Creche sponsored by The Ecumenical Committee of the Knights of Columbus,
Council #94; The Simon W. Robinson, Masonic Lodge, Lexington, Massachusetts, USA"
The Board discussed several points: the request is far different as it is for a sign and not a
structure, there is a clear distinction between the Creche and signage; the sign being requested
would come under the Town's Zoning By-laws; there will be further dialogue after this
Christmas season encompassing a wider range of citizen input; different interpretations of the
constitution; concern that the proposed sign is an effort to characterize a structure placed on the
Battle Green by another group and appears to be adversarial, and the desire of the Board to have
the request withdrawn.
Mr. Enrich encouraged the Board not to vote for the proposal.
In the absence of a motion on the request for the sign, the Chairman announced that the Board
has turned the request down. Mr. Enrich pointed out that on the other two requests the Board
would need more specific information as to the design, size and appearance of the structures and
since these requests are for the month of April and October 2000, there is ample time for them to
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Selectmen's Meeting -November 22, 1999
come before the Board at a future meeting. It is not appropriate to act on them at this time. Mr.
Enrich also cautioned the petitioner to think carefully whether the requests are going to make a
contribution to the difficult struggle with the issue. Mrs. McKenna also requested that if there is
a request for a structure on the Battle Green in the month of April that it not interfere with the
planned ceremonies over the Patriot's Day weekend.
Personnel Advisory Board
Personnel Advisory Board Co-Chair Evelyn Silber reviewed the work of the PAB over the last
year. Board members discussed the exit interview process and asked the PAB if they saw any
danger signals with respect to unsatisfactory responses to the questions that they bring it to the
attention of the Town Manager and the Board.
Report of the Hanscom Noise Working Group
Representatives of the Hanscom Noise Working Group Reinier Beeuwkes of Concord, Jeffrey
Parker of Bedford and Tony Galaitsis of Lexington presented a comprehensive report of a
Massport sponsored Hanscom Noise Working Group. The findings and recommendations
concerned issues relating to the measurement and abatement of noise and the content and form of
the noise discussion that Massport will include in the year 2000 Hanscom GEIR update.
Board members agreed to adopt a resolution endorsing the recommendations of the working
group. Mrs. Krieger agreed to prepare the resolution for the Board's signature.
Massport Representatives Tom Ennis and Richard Walsh indicated Massport is in the process of
reviewing the document and thought it was a fruitful endeavor. Mr. Ennis indicated Massport
would be responding to the report by the beginning of the New Year.
Budget Reviews
Mr. White discussed a handout listing the Capital requests for the five-year planning period, the
preliminary funding proposal that the Board approved in concept at the goal setting meeting in
July amounting to roughly $3,000,000 using cash and BANS, the need to review the listing to
see if any of the projects not included for funding cause the Board members concern and
designate areas where the Board wanted to cut funding.
Mrs. McKenna asked the Manager if he would prepare a detailed list of the Cary Hall renovation
work.
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Selectmen's Meeting -November 22, 1999
Social Services
Social Services Director Nancy Freed presented the FY2001 budget requests for the COA
Administration $154,316,Nutrition $10,027, Community Programs/Recreation $32,156, support
Services for the property tax work-off program and the outreach social worker $93,875, Adult
Day Care $47,000, Veterans Administration and Benefits $54,034 and Services for Youth
programs $74,087.
Library
Library Director Carol Mahoney presented the Library FY2001 budget requests for General and
Technical Services $588,027, Adult Library $570,493, Children's Library $272,560, and the
Branch Library $65,216.
Alcoholic Beverage License Renewals
Upon motion duly made and seconded, it was voted to approve the application and issue
alcoholic beverage licenses as follows:
Club
Knights of Columbus
Lexington Golf Club
Lexington Elks
Veterans of Foreign Wars, Inc.
Common Victualler
Yangtze River Restaurant
The Hartwell House
Bertucci's
Athenian Restaurant
Dabin Restaurant
Vinny Testa's
Peking Gardens
Stone Soup Grill & Café
Lemon Grass Restaurant
Innholder
Sheraton Lexington Inn
Package Goods Store
Busa Brothers Liquors, Inc.
Lexington Liquor Mart
Bermans Market, Inc.
Vinebrook Bottle Shop
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Selectmen's Meeting -November 22, 1999
20/20 Vision Steering Committee Name Change and Appointments
Upon motion duly made and seconded, it was voted to accept the resignation of Clark Cowen
from the Initiating Committee.
Upon motion duly made and seconded, it was voted to rename the Initiating Committee to the
Lexington 20/20 Vision Steering Committee.
Upon motion duly made and seconded, it was voted to appoint the following individuals to the
Lexington 20/20 Vision Steering Committee: Charles Benson, Todd Burger, Helen Cohen,
Robin DiGiammarino, Peter Enrich, James Hoyte, Alan Lazarus, Peter Lee, Paul Mammola,
Frederick Merrill, Margaret Perry, Marjorie Platt, Fernando Quezada, Heather Sweeney and
Gerie Weathers.
Historic Districts Commission Associate Appointment
Upon motion duly made and seconded, it was voted to approve the nomination of the Lexington
Historical Society and appoint Daniel J. Griffin, Jr. as an Associate Member of the Historic
Districts Commission to fill the unexpired term of Sara Chase to December 31, 2001.
Ambulance Bill Abatements
Mrs. McKenna indicated she had reviewed the list of recommended bill abatements with the Fire
Chief. She felt the Town should make further attempts at collecting the outstanding balances.
The Fire Chief reviewed the list and came up with only two that could be pursued further.
Upon motion duly made and seconded, it was voted 4-1 (Mrs. McKenna opposed)to abate the
ambulance bills listed on a request dated April 27, 1999.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mrs.
Eddison, Mr. Enrich, Mrs. Krieger and Mrs. Abbott to go into executive session for the purpose
of discussion of a litigation matter with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 10:50 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
61-441
Selectmen's Meeting Minutes
November 29, 1999
A regular meeting of the Board of Selectmen was held on Monday,November 29, 1999 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mrs. Eddison,
Mrs. Krieger, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town
Counsel; and Ms. Smith, Executive Clerk were present.
Mr. Enrich reported that Mrs. Eddison has been detained at another meeting and will be joining
the Selectmen's meeting later this evening.
Public Comments
Ephraim Weiss, Precinct 5 expressed concern over what he called underfunding public buildings
maintenance. He feels the Town should be funding at a level of$4 million/year instead of the
$1/2 million/year level that has been appropriated for many years. Mr. White and Mr. Enrich
explained that the Town has also been appropriating funds for building maintenance in the
capital budget and are unaware that the town buildings are in serious need of building
maintenance except for the DPW barn which will be replaced.
Consent Agenda
One Day Auctioneer's License
Upon motion duly made and seconded, it was voted to approve the application and issue a one-
day auctioneer's license to Newton Oriental Rugs on Saturday, January 8, 2000 at Heritage Hall,
177 Bedford Street.
Use of Battle Green - December 31, 1999
Upon motion duly made and seconded, it was voted to approve the request from the Director of
Elementary Education to conduct a Grand Procession of all Lexington elementary school
children to the Battle Green as part of the activities for Last Nite Lexington 1999 at
approximately 6:00 to 7:00 p.m.
Hearings
Traffic Safety Advisory Committee
TSAC Member David Carbonneau reviewed four matters that the committee reviewed at its
meeting in July.
Bedford Street Traffic
The TSAC discussed a letter from Susan Gray concerning disregard for a no left turn off Bedford
Street at Denny's Holiday Inn. There are 15 no left turn signs in the area and the TSAC is not
recommending any additional signs without significant construction work in the area. Ms. Gray
also expressed concern about the lack of crosswalks in the area. Because the section of Bedford
Street at Hartwell Avenue is a State highway, the Engineering Department has requested that
Mass Highway consider adding a crosswalk at the Hartwell Avenue intersection.
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Selectmen's Meeting -November 29, 1999
Mr. Carbonneau reported that the area represented approximately 40% of all reported accidents
in Lexington in 1998 and constitutes only 0.4% of the total length of roadways in Town. Board
members expressed concern over the accident statistics and asked that the matter be brought back
to the Board.
Clarke Street& Forest St. -No Parking
Mr. Carbonneau reviewed a request from Mr. Paul Asquith to post Forest and Clarke Streets
prohibiting parking. The Committee asked for input from the Lexington Center Committee and
the LCC recommended signs permitting parking only between the hours of 10:00 a.m. and 4:00
p.m. Monday through Friday for a maximum of 2 hours. There was discussion about how far
down the streets the signs should go. Mr. Carbonneau will return to the meeting on December
13 with a recommendation. Mr. Carbonneau will also be working with a Committee to study and
make recommendations on the entire Center area parking situation.
Adams & Meriam-No Parking
Mr. Carbonneau reviewed concerns about traffic safety problems posed by parking at the
intersection of Meriam and Adams Street. According to Mr. Ghorbani of 3 Juniper Place,
vehicles parked there limit the sight distance on Adams Street and interfere with pedestrians
crossing Meriam Street. The intersection has sight restrictions due to an embankment, a fence
and trees. Existing traffic ordinances prohibit parking within 20' of an intersection.
Enforcement of this restriction would remove one of the several sight distance obstacles and
remove obstacles to pedestrian traffic. The TSAC recommends the installation of 2 no parking
here to corner signs on Meriam Street 20' from the intersection with Adams to reinforce the
intersection parking regulations at that location. The cost of the signs is approximately $300.00.
Upon motion duly made and seconded, it was voted to approve the recommendations of the
Traffic Safety Advisory Committee.
Waltham Street Crosswalk
The TSAC met with Mr. Newell Young of the Center for Mental Health and Retardation
Services and several other staff members and clients of the facility together with Jim Freeling,
Executive Director of Brookhaven, Angela Frick and other Brookhaven residents. Mr. Young
requested a crosswalk be installed on Waltham Street near the Waltham line (in front of
Friendly's Restaurant). Staff and clients of the Center often cross the street at that location to
access the commercial area across the street in Waltham.
The TSAC determined that a crosswalk in this area would improve safety only if accompanied
by a pedestrian light. There is no funding available for a pedestrian signal at this time.
There was much discussion about the possibility of locating the crosswalk in Waltham. There
was also discussion about asking the businesses in the area to contribute to the cost of installation
of a pedestrian signal. Waltham has no plans for a crosswalk at the present time and will keep
the Town informed of future plans. The TSAC recommended no action at this time.
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Selectmen's Meeting -November 29, 1999
Board members were in agreement that it is a bad area. Mr. Caleb Warner of the South
Lexington Civic Association suggested that the Association take the lead in approaching the
businesses if a Selectmen would work with them. Mrs. Krieger offered to be the Selectmen
representative.
Cablevision Rebuild of Existing System
Mr. Carbonneau reviewed the request from Cablevision for permission to upgrade its coaxial
with a fibreoptic hybrid coaxial system. After the rebuild, Cablevision will go back and remove
the old cables.
Cablevision representatives Rob Travers and Tim Broderick reviewed the plans and issues that
have come up such as relocating all power supplies out of the Historic District. High speed
internet access is being built into the plant; however, availability of the service is going to be
determined by the new owners. Mr. Travers indicated that although the company is up for sale,
Cablevision will remain active with the rebuild which is estimated to be a six month process.
The first customers should be connected around the end of January or beginning of February;
however, they expect to have a specific schedule in a couple of weeks.
Mr. Enrich inquired about the agreement Cablevision made to move the wires on Bedford Street
from the West to the East side of the street. Mr. Travers said they will be moving the wires
underground.
Mrs. McKenna inquired about the contribution of Cablevision versus RCN and Metromedia. Mr.
White pointed out that there is a distinction between upgrade and new installations.
Communications Advisory Committee member David Kanter indicated that the aerial work
performed by Cablevision is similar to RCN and Metromedia and that the underground work has
not been done yet.
Mrs. Krieger inquired about maintenance of the backbone. Mr. Travers indicated they are
negotiating that matter with the Communications Advisory Committee as to how the institutional
network will be used going forward.
Mrs. Krieger made a motion to approve the petition of Cablevision on the condition that they
relocate their lines at Bedford Street and Harrington Road at no cost to the Town.
Upon motion duly made and seconded, it was voted 4-1 (Mrs. McKenna opposed) to approve the
petition of Cablevision to install a new line on existing poles throughout Lexington.
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Selectmen's Meeting -November 29, 1999
Tax Classification
Mr. Enrich opened the hearing and the Board of Assessors Bill Jackson, Sara Robinson and Bob
Foster and Town Assessor Joe Nugent presented material for the Board of Selectmen to
determine the residential factor for setting the FY2000 tax rate. The residential valuation
increased by 6.75% and the C/I/P valuation increased by almost 32% and overall the assessed
valuation for the Town increased by 10.19%. The Town experienced substantial new growth
adding $94 million in valuation that translated to almost a$2 million new growth figure. The
State will only allow Lexington to go to a 1.5 C/I/P factor. The current factor is 1.70.
Upon motion duly made and seconded, it was voted to move back to a factor of 1.5.
Harrington Road
Mr. White gave an update on the measures taken to date to reopen Harrington Road. The
relocation of the two poles on Bedford Street has yet to be done. Expenses to date come to
$27,136.49 and the only cost remaining is the billing for police details estimated to be $7,500.
There was need to add three or four additional signs and Mr. White indicated that staff
interpreted they had the leeway to add the signs as a safety measure. The HDC did make a
determination that the improvements were temporary in nature.
Mrs. Eddison joined the meeting.
The only remaining work that has yet to be done is the restringing of wires and the construction
of the trench by Cablevision. We will be working with the DAC on the final design and it is
expected that construction will begin in late Spring or early Summer. Bell Atlantic will relocate
their poles and Cablevision will be doing the trench work. Stop & Shop has commissioned an
engineering design firm to do the overall infrastructure regarding the treescape and sidewalks.
Metromedia has made a $150,000 payment to the Town and $75,000 of that can be specifically
used to remove all of the lines that aren't being relocated and to connect all of the houses that are
currently fed overhead to underground. Finally, we have a commitment from RCN to be a
partner to help Stop & Shop in the design work. It is anticipated that the pole removal will take
place on December 13. The Town is currently working with the utility companies on Phase II
which is relocating the lines underground.
Mrs. McKenna inquired about the cost of using Town employees. Mr. White indicated the only
Town employees used were for oversight of the project. With the exception of blasting of the
sidewalk and the erection of the additional signs associated with reopening Harrington Road, we
don't anticipate that we will be drawing down any more from the balance in the account.
Mrs. McKenna expressed concern that the relocated poles present a line of sight problem coming
out of Hancock Street and additional signs and reflectors have gone up without HDC approval.
Mr. Enrich indicated that the Board had voted that Harrington Road not be reopened until all
safety measures were taken.
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Selectmen's Meeting -November 29, 1999
Board members agreed that the road will remain closed until all measures are taken and once
everything is in place the barricade should be taken down.
Budget Reviews
Police Chief Chris Casey, Planning Director Glenn Garber, Economic Development Officer Joe
Marino, Town Clerk Donna Hooper and Assistant Town Manager Linda Vine were present to
review their FY2001 budget requests.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
November 1, 1999.
Selectmen Liaison Reports
Mrs. Krieger read a proposed resolution supporting the work of the Noise Working Group.
Upon motion duly made and seconded, it was voted to sign the resolution and to have copies
forwarded to HATS, Massport, the Lexington Minute Man and the Executive Office of
Environmental Affairs.
Upon motion duly made and seconded, it was voted to adjourn at 11:55 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
61-446
Minutes of the Lexington School Committee and Board of Selectmen
November 30, 1999
Joint Meeting with Town Appropriations Committee
and Capital Expenditure Committee
Mrs. DiGiammarino called the School Committee meeting to order at 4:40 p.m. at Hastings
Elementary School. Members present were Chairperson Robin DiGiammarino, Fred Rosenberg,
Barrie Peltz, Martin Long, Susan Elberger, Superintendent of Schools Dr. Pat Ruane, Director of
Business and Finance Susan Bottan. Also present were Board of Selectmen Chairman Peter
Enrich, Jeanne Krieger, Dawn McKenna, Betty Eddison and Cathy Abbott, Town Manager
Richard White and John Ryan, Finance Director.
Public Comments
There were no public comments.
Discussion Items
The joint committees presented the following information:
FINANCIAL UPDATE
Review of Projected Revenue:
Four elements making up revenue previously estimated:
1. 2 1/2 percent allowable increase
2. growth from new or renovated properties
3. cherry sheet revenue: lottery and state aide
4. local estimator receipts: excise taxes
Revenue Variance from Summer Estimates:
1. Growth from new/renovated properties increased due to higher assessment value of
commercial properties.
2. Increase in Cherry Sheet projections due to increase in foundation enrollment totaling 5736
students which will be used to calculate FY01 minimum state aide.
3. Increase in Local Receipts FY00 due to increase in minimum state of from $125 per student
to $150 per student.
4. Available funds decreased because a portion of the revenue funds were allocated to Free
Cash in an effort to meet the Town's commitment to building Free Cash over a ten year
period to the level equaling 5% of revenue.
Review of Projected Expenses:
Revenue Variance from Summer Estimates:
1. Decrease in Other Expenses due to projected decreases in Minuteman Vocational cost
estimates.
2. Expenses could reduce further in the category of Shared Health Benefits. Projected at $1.2
million.
Financial Summary:
Projected Range of Revenues: $2.5 million to $3.0 million
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Projected Expenses: $6.6 million to $7.2 million
Projected GAP between revenues and expenses: estimated $4.1 million
Of the $4.1 million, $1 million will be reduced through a combined effort of Towns and Schools.
$1 Million Reduction/Adjustment:
An attempt is being made by Town and Schools to reduce total FY01 projected budget by $1
million. This reduction will take two forms: 1) reductions to projected expenses, and 2)
refinements in cost estimates. In addition, the process of"addition by subtraction" will continue
to ensure that the funds being allocated to Town and Schools are returning maximum value to
citizens.
The Town Manager and Superintendent are working together on a preliminary bundled list of
Reductions/Adjustments to meet the $1 Million. The Town and School Department are working
separately to compile an At Risk list prioritizing items for the override. Each side is going about
this process in the way that best suits each culture.
The Schools are working on the FY01 budget process that begins first with a worst case
assumption of limited revenues due to no override. By beginning here, increased economies,
building of capacities and better leveraging of funds can be ensured. The override list is being
completed in order of highest to lowest priority. This list will be presented to the School
Committee on December 14th for review and comment.
Budget Calendar Timeline:
Add December 14th FY01 Preliminary Budget School Committee presentation
Add December 14th FY01 Preliminary Budget Staff presentation: joint
Presentation by Peter Enrich, Robin DiGiammarino, Patricia Ruane
Add January 4th Superintendent's FY01 Proposed Budget
Add January 18th School Committee Vote on Superintendent's FY01 Proposed Budget
Next Summits need to focus on the following:
Review and refinement of revenues and expenses ($1.2 million benefits/health).
Review of$1 million reduction.
Discussion and decision on amount of override and allocation of that amount.
A motion was made to adjourn the meeting at 6:40 p.m. (Long, Rosenberg, 5-0).
These minutes were prepared and approved by the School Committee.
Approved by Board of Selectmen at its meeting on January 24, 2000.
A true record, Attest:
Phyllis A. Smith
Executive Clerk