HomeMy WebLinkAbout2007-10-BOS-min65 -1
Selectmen's Meeting
October 10, 2007
A regular meeting of the Board of Selectmen was held on Wednesday, October 10, 2007 at 6:30
p.m. in the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz,
Mr. Burnell; Mr. Valente, Town Manager; Mr. Lahey, Town Counsel; and Ms. Chabot, Assistant
to the Executive Clerk, were present.
TIF Agreement
Mr. Lahey, Town Counsel, reported that the Town learned, on the previous Friday, of Patriot
Partners' proposal to realign parcel boundaries in the Lexington Technology Park. The proposed
realigned parcels do not conform to existing lot lines on the Assessors' maps. This realignment
may impact base values used to calculate proposed annual exemption percentages, and thus
affect the estimated tax increments presented to the Town Meeting Members Association and
other town committees. The Town's negotiating team concluded that they were not ready to go
forward with a signed agreement prior to the first session of Town Meeting. Mr. Lahey is
expecting to get a redraft of the TIF agreement from Shire's counsel and the agreement should be
available to Town Meeting members on Friday, October 12 or Monday, October 15. Town
Meeting will be asked to adjourn to October 17 to vote on the TIF for Shire.
Article Positions
The Selectmen were supportive of the following articles:
Article 3 — Amend FY2008 Operating Budget
Article 4 — Amend FY2008 Enterprise Fund Budgets
Article 5 — Municipal Electric Utilities
DPW Construction Contract
Mr. Valente reported that the DPW construction contract came in at $18,265,000.00, which is
well within our budget. He stated that we are getting close to the end of the 30 days in which
we have to sign the contract. The consensus of the Board was to proceed with signing the
contract.
Executive Session
Upon motion duly made and seconded, it was voted by roll call 5 -0 to go into executive session
for the purpose of litigation, with no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 6:50 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
65 -2
Selectmen's Meeting
October 15, 2007
A regular meeting of the Board of Selectmen was held on Monday, October 15, 2007 at 7:30
p.m. in Cary Auditorium, Cary Memorial Building. Chairman Krieger, Mr. Kelley, Mr. Cohen,
Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were
present.
Public Comment
Nairi Khachatourian, representing the Lexington High School Community, presented and read a
petition that was signed by 286 students. The petition read:
"We the undersigned members of the Lexington High School community urge the Lexington
Board of Selectmen to immediately sever ties with the Anti - Defamation League because the
ADL has failed to unambiguously acknowledge the Armenian Genocide and has lobbied against
Congressional affirmation of the Armenian Genocide.
"The ADL has not only failed to live up to its own charter to `secure justice and fair treatment to
all', it has also failed to live up to our own town's standards and the quality education that we
deserve in our school by choosing politics over human rights and tolerance.
"The ADL has disqualified itself as an effective spokesman for tolerance education. We deserve
better."
Selectmen Concerns and Liaison Reports
Mrs. Krieger will be attending the MAGIC Legislature Breakfast next Monday and will have an
opportunity to ask our legislative delegation about pending legislation we are interested in. Mrs.
Krieger will be asking about the municipal partnership act, education funding reform, and the life
sciences bill. If there are other pieces of legislation a member of the Board is interested in let her
know.
Town Manager Report
Mr. Valente presented the Selectmen with a flag and certificate that he received from the
"Lexington, First Shot" unit from Wellesley, Massachusetts. The Town previously sent a
Lexington Flag to the unit while it was serving in Iraq.
Mr. Burnell accepted the flag and stated: "On behalf of the Lexington Selectmen, the Town of
Lexington, and my fellow Veterans, we accept this flag in recognition of the service and sacrifice
of our armed forces in the pursuit of liberty wherever and whenever they are called to duty."
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Selectmen's Meeting — October 15, 2007
31 Waltham Street Proposed Sidewalk Closure & Safety Plan
Tim Sullivan, representing Citibank, came before the Selectmen to seek its approval of the
proposed Sidewalk Closure and Safety Plan. They are planning to construct a temporary safety
fence that will occupy approximately four feet of the sidewalk for one month and will leave four
feet for pedestrians. They will need temporary and limited closure of the sidewalk a few times
during the construction period for a maximum of five hours a day to allow for delivery of
concrete. The concrete truck will park in pre -paid parking spaces in front of the building and a
police detail will be present to ensure public safety. There will need to be temporary and limited
closure of the alley adjacent to the building for a maximum of eight hours a day to provide
access for pickup and delivery of material from the rear parking lot.
Mr. Cohen mentioned that there has been a buildup of water on that sidewalk and requested that
if the sidewalk had to be torn up for any reason that the water problem be explored to see what
was wrong and then fixed.
The Selectmen approved the proposed plan and asked that Mr. Sullivan contact the Engineering
Department to apply for the necessary permits and to also contact the Police Department
regarding the necessary police details.
Lexington Housing Partnership/Planning — HOME Funds
Mr. Bicknell, Chair of the Housing Partnership Board, came before the Board to request
approval of the FY2008 Lexington Home Program Funding Plan.
Upon motion duly made and seconded, it was voted 5 -0 to approve the FY2008 Lexington
HOME Program Funding Plan presented by the Lexington Housing Partnership in their letter of
September 27, 2007, including the allocation of $52,615 of FY2008 monies and $4,721 of
FY2007 monies to LexHAB for the Parker School Affordable Housing Project, provided the
WestMetro HOME Consortium confirms this project's eligibility for funding.
Grant of Locations for Keyspan
Harold Cooper, representing Keyspan, requested approval from the Selectmen on the following
two items:
Grant of Location — Keyspan — Concord Avenue
Mr. Cooper stated that the work would not begin until Spring 2008.
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of the Keyspan
Energy Delivery to install and maintain approximately 1,800 feet of 6" gas main in Concord
Avenue, from the existing 8" gas main in Spring Street at Concord Avenue East to the existing
4" gas main in Concord Avenue at Benjamin Road.
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Selectmen's Meeting — October 15, 2007
Grant of Location — Keyspan — Fairlawn Avenue
Maria Kostorizos, 20 Wheeler Road, who requested this work, asked if the current drainage issue
could be looked at and to install either a berm or curb as part of this project.
The Selectmen will ask Engineering if it is possible to install either a berm or curbing as part of
this project.
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of the Keyspan
Energy Delivery to install and maintain approximately 275 feet of 4" gas main in Fairlawn
Avenue, from the existing 6" gas main in Lowell Street @ Fairlawn Avenue easterly to house
No. 20 Wheeler Road.
Liquor License — Change of Corporate Name — Vinny T's of Boston
Upon motion duly made and seconded, it was voted to approve the application for a Change of
Corporate Name to Vinny T's Restaurant Corp., d/b /a Vinny T's of Boston, 20 Waltham Street,
for a common victualler all alcohol liquor license.
LexMedia Agreement Amendment
Mr. Valente and Mr. Burnell have been working with LexMedia to address a cash flow problem
caused by the way the Contract with LexMedia is structured. The existing contract provides that
the Town will reimburse LexMedia monthly for PEG related expenses. Because of the normal
Town procedure for processing reimbursement invoices from LexMedia, payments frequently
are made 4 -8 weeks after LexMedia incurs the expense. LexMedia does not have sufficient cash
flow to bridge this gap, particularly for the larger equipment expenses. The proposed
amendment to the contract provides for the Town to advance fund the $50,000 in the LexMedia
Contract for equipment purchases. This will provide LexMedia with sufficient cash flow to
make their necessary capital purchases as well as cover operating expenses.
The Selectmen approved the contract change and the Town Manager will prepare the necessary
contract amendment.
Bench Location Approvals
Upon motion duly made and seconded, it was voted 5 -0 to approve the location of two benches:
one in front of Via Lago and one on the traffic island at the end of Clarke Street that the Youth
Commission maintains.
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Selectmen's Meeting — October 15, 2007
Appointments/Reappointments/Resignations
Design Advisory Committee
Upon motion duly made and seconded, it was voted 5 -0 to reappoint Bruce Creager, John Frey
and Elizabeth Whitman to the Design Advisory Committee as associates for one -year terms to
expire September 30, 2008.
Housing Partnership Board
The Fair Housing and Human Relations Committee had a designated member on the Housing
Partnership Board. Since the Fair Housing and Human Relations Committee has been dissolved,
the recommendation from the Housing Partnership Board is to include the Fair Housing
designated member as an appointed member of the Board.
Upon motion duly made and seconded, it was voted to make a change to the Housing Partnership
Board charge reflecting that the Selectmen appoint 18 members (instead of 17) and there will be
3 members designated (LexHAB, Lexington Housing Authority and Planning Board).
Upon motion duly made and seconded it was voted 5 -0 to appoint Harriet Cohen to the Housing
Partnership Board for a 3 -year term to expire September 30, 2010.
LexMedia Board of Directors
Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Barry
Orenstein, the Selectmen's representative, from the LexMedia Board of Directors, effective
immediately.
Upon motion duly made and seconded, it was voted 5 -0 to recommend that Tim Counihan be
appointed to the LexMedia Board of Directors as the Selectmen's representative.
Tax Deferral and Exemption Study Committee
Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of William
Kennedy from the Tax Deferral and Exemption Study Committee, effective immediately.
Tourism Committee
Upon motion duly made and seconded, it was voted 5 -0 to reappoint Richard Canale to the
Tourism Committee for a one -year term to expire September 30, 2008.
Town Report Committee
Upon motion duly made and seconded, it was voted 5 -0 to reappoint John Ayvazian, Cindy Anne
Lewis, Robert Morrison, Zelda Sokal and David Tabeling to the Town Report Committee for
one -year terms to expire September 30, 2008.
Upon motion duly made and seconded, it was voted 5 -0 to appoint Anne Leary and Jeri Zeder to
the Town Report Committee for one -year terms to expire September 30, 2008.
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Selectmen's Meeting — October 15, 2007
The Selectmen thanked and praised Ann Redmon who edited last year's Town Report. She did a
superb job and the Selectmen are very thankful.
Approve State Primary and Election Notice
The Town Clerk suggested that instead of sending two warrants to all residents that one postcard
notice be sent with information on both the Special State Primary and Special State Election.
Upon motion duly made and seconded, it was voted 5 -0 to send the special notice to all residents
regarding the Special State Primary and Special State Election.
Common Victualler and Entertainment Licenses for Teppanyaki Asian Cuisine
Upon motion duly made and seconded, it was voted to approve and issue a Common Victualler
License and Entertainment License to Fei Teng, Inc., d /b /a Teppanyaki Asian Cuisine, 27
Waltham Street.
Water /Sewer Rate Hearing
The purpose of this hearing was to take public comments and then vote to establish the rates.
Mr. Kelley congratulated the Ad Hoc Water and Sewer Rate Study Committee, Mr. Valente, Mr
Addelson and staff for all the work they have done to improve the water and sewer accounts and
he looks forward to continuing the effort.
Mrs. Fournier asked the Selectmen if they would consider lowering the escalating rates this year
to help large families.
Mrs. Krieger stated that the inclined rate structure policy was put in place to help conserve water.
The recommendation at this time is to continue with that policy.
A resident of Whipple Road who has a large family suggested dividing the rate based on the
number of people in the household.
Upon motion duly made and seconded, it was voted 5 -0 to establish FY2008 water and
wastewater rates as follows:
Type
Water /hcf
Wastewater /hcf
Residential /commercial
Block 1
2.71
6.01
Block 2
4.06
9.82
Block 3
5.35
15.60
Irrigation
5.35
na
Municipal
1.47
2.09
Hanscom
3.92
na
VA Hospital
4.68
na
Bedford -water
1.82
na
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Selectmen's Meeting — October 15, 2007
Water and Sewer Abatement Board
Mr. Valente presented the Selectmen with a proposed charge for a Water and Sewer Abatement
Board. The Board would consist of three members appointed by the Selectmen. The duties
would include, but not be limited to, the receipt of applications from ratepayers for abatement or
adjustment of water /sewer charges due to disputes, hardship or error; and the establishment of
policies and procedures to guide said Board in the determination of the amount of any
adjustment or abatement of charges. Determinations and policies and procedures will be made
as recommendations to the Selectmen for final approval. The Water and Sewer Abatement
Board will include the Assistant Town Manager for Finance or his designee as staff
Upon motion duly made and seconded, it was voted 5 -0 to approve the proposed charge.
Lexington No Place for Hate Steering Committee Structure
Statement by Selectman Jeanne Krieger
"The Lexington NPFH Steering Committee has a sterling record, intervening and advising the
Town on human rights issues. When the Town endorsed the NPFH program seven years ago, we
deliberately kept the Steering Committee at arm's length to allow the committee to respond to
crisis, without having to post meetings and to prevent the program from becoming politicized.
Now we find that program subject to influences, unanticipated by those of us involved with the
start of the program.
"One of the three sponsors of the NPFH program, the Anti Defamation League, has recently
been criticized for its policy on the Armenian Genocide. At the October 1 meeting this concern
was voiced by the Armenian community. At that meeting the Board of Selectmen instructed the
NPFH Steering Committee to return tonight with a recommendation on how they can best
continue to serve the community in light of the criticism of the policy of one of their parent
organizations.
"The events up to tonight's meeting have undergone a lengthy process, at the October 1 meeting
and in the press, both local and national.
"We are here now to listen and respond to the recommendation of the Steering Committee, not to
continue to discuss the events of the last several weeks. I will attempt to keep the discussion
focused tonight on the local issue of how the Town will continue to benefit from human rights
leadership provided by the NPFH program."
Statement by Selectman Norman Cohen
"Before we listen to more comments and before we make any decision on this matter I would
like to briefly comment on the success that the No Place for Hate program has had in Lexington.
No matter what has recently been said and what might be said tonight, nothing can erase that
success. I feel compelled to make that statement because while over 90 percent of the e- mails,
letters and telephone calls that I have received relating to this topic acknowledge the wonderful
work that No Place for Hate has done, there have been a few statements made to the effect that
Selectmen's Meeting — October 15, 2007
the work of our local No Place for Hate Steering Committee has been tainted. In my opinion,
nothing could be further from the truth and I am sure the other sponsors of this program feel the
same way. Our local No Place for Hate Steering Committee has been in existence for seven
years. While I was familiar with much of their early work, during the last two years as a
Selectman, I have seen first hand how effective this program has been. Speaking only for myself
at this point and based on the comments of a very small minority, I believe it is important for
Lexington to have in place a group of caring citizens who can help us deal with problems when
incidents of prejudice and hate arise in Lexington."
Statement by No Place for Hate Steering Committee
An Open Letter to our Board of Selectmen and the Lexington Community Monday, October 15,
2007
"Many in Town are grappling with questions concerning the formation, functionality and future
of Lexington's No Place For Hate (LNPFH) Steering Committee. From the viewpoint of the
Steering Committee, there are issues which must be resolved. Members understand that these
concerns have an important impact on the perception of independence of our group and thus its
activities. Therefore, we ask the Board of Selectmen to consider the following points in
determining how to proceed.
The Mission Of Lexington No Place For Hate
"The work of the Steering Committee has always been considerate of and responsive to the
issues and needs of Lexington. In all its activities, the Steering Committee seeks to advance its
stated mission:
• To develop a shared vision for all citizens as a community free from prejudice and bias,
where tolerance is the norm, where each individual is protected and respected for his /her
unique characteristics, and where respect and civility govern public discourse.
• To recognize and celebrate diversity; to challenge bigotry, racism, discrimination, hate
crimes, civil rights violations, and acts of bias; and to build inter -group respect and
understanding.
Affirmation Of The Armenian Genocide
"Specifically, so there is no confusion at all, and as stated publicly at the Board of Selectmen
Meeting September 24 2007, and at other meetings and conversations, we as individuals and as
a Steering Committee reaffirm our full and unequivocal recognition and acknowledgement of the
Armenian Genocide. By its very name and definition, the Armenian Genocide is one of the
greatest atrocities of the early 20th Century, and we recognize the direct impact the Armenian
Genocide has had on our Armenian- American neighbors and friends, both in Lexington and in
the Armenian Diaspora.
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Selectmen's Meeting — October 15, 2007
Examples Of NPFH Accomplishments In Lexington
"Established by the Board of Selectman in 2000, the Steering Committee is a unique body, made
up of Town representatives including the Police, Town Manager's Office, Schools, Department
of Social Services, the Board of Selectman, the School Committee, the Lexington Interfaith
Clergy Association, as well as several town citizens. Many who live and work in Lexington
have participated in a wide array of LNPFH initiatives and projects over the last seven years.
Accomplishments include:
• Guidelines for Civil Discourse — used throughout Town at public and informal
meetings to help create opportunities for productive dialogue among groups with
differing viewpoints.
• Lexington Listens Study Circles — dozens of residents, professionals and elected
officials participated in a program designed to foster understanding through small
group dialogue.
• Proactive educational programs: Lexington Reads The Namesake including
forums on the power and importance of storytelling and personal story- sharing and
the immigrant experience as well as an Immigrant Film Series in partnership with
the Friends of Cary Library on similar themes.
• The Incident Response Team (IRT) — Police, Clergy, Social Services, Town
Manager's Office, Schools, and LNPFH work as a team with individuals and groups
in the community when a hate crime is alleged or when neighborhoods have
challenging and divisive issues; most recently, worked quickly to effectively respond
to a racially- motivated attack on one of our Asian - American neighbors.
CommUNITY Rally and The "Shield of Loving Kindness" Community
Response To Hate — Developed in partnership with the Lexington Interfaith Clergy
Association and Respecting Differences and many community groups and
professionals in response to multiple incursions of hate groups who came into our
community whether through leafleting, or public demonstrations. Our police force
received an award for its role and participation in the community response to the
Westboro Baptist Church.
• Dr. Martin Luther King, Jr. CommUNITY Walk and Celebration — Created
in partnership with many groups and individuals in the community a well- attended
commemoration of Dr. Martin Luther King, Jr.
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Selectmen's Meeting — October 15, 2007
Relationship with the New England Anti - Defamation League (NEADL)
"The Lexington NPFH Steering Committee was established and empowered by the Board of
Selectmen in 2000. The Board of Selectmen created the Steering Committee and brought the
NEADL /Massachusetts Municipal Association co- sponsored state -wide No Place for Hate
(NPFH) initiative to our community. Lexington's participation in No Place for Hate has brought
many community and individual resources to bear on helping the Steering Committee fulfill its
mission, through educational materials, NPFH community networking conferences and matching
grant funding, all of which have been critical to the success of specific programs and activities.
The NEADL and its NPFH staff have been reliable partners from the very start of the
Lexington's NPFH Steering Committee's work, as well as for many other Commonwealth
communities. Lexington would miss this collaboration with the NEADL and other NPFH
communities, and the Steering Committee hopes that the Board of Selectmen will utilize, as
appropriate, the excellent resources NEADL and NPFH have to offer. Even as we recognize the
conflicts and criticisms swirling at the national and international levels, we also acknowledge the
many personal efforts and contributions of NEADL Regional Director Andrew Tarsy and
Community Outreach Director Jennifer Smith to local No Place For Hate communities.
The Current Crisis
"In the last few months, issues about the recognition and affirmation of the Armenian Genocide
have triggered significant concerns about the relationship of local No Place For Hate programs
to the national ADL. The Lexington NPFH Steering Committee has been deeply moved by the
thoughts and feelings of many individuals in our Town. We have listened as well to the words of
representatives of Armenian- American organizations in Massachusetts. The Lexington NPFH
Steering Committee continues to believe that neither NEADL nor its No Place for Hate staff
exerts inappropriate influence, financial, political or otherwise, over our work, activities or
decisions. The Steering Committee has always charted its own course, in concert with our
mission. Nonetheless, we acknowledge that the Perception of the Steering Committee's lack of
independence from national ADL, or from any single outside organization, is what is at issue. It
is important that the Steering Committee be seen as operating completely free from outside
influence, real or perceived. While the Steering Committee believes that the actual issues at play
here are more about larger national and international aspects of the Armenian Genocide, we also
acknowledge that this situation is now truly local, and divisive. The association with national
ADL is causing fellow Town citizens to become adversely engaged in controversy, the very
thing Lexington's No Place For Hate Steering Committee aims to dissipate. Thus, the downside
of working with any one "supplier" of diversity, anti -bias and human rights programs and
expertise needs to be addressed.
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Selectmen's Meeting — October 15, 2007
Structural Issues
"At its origin, the "articles of incorporation" and "operational aspects" of the Lexington NPFH
Steering Committee's activities were never clearly articulated. While not technically an official
Town Committee, its liaison with key employees, the Town Manager's Office, the Selectmen, its
close partnership with the Lexington Police, Department of Social Services and Public Schools,
plus the simple practice of using Town space for meetings, may perpetuate the misunderstanding
of the Steering Committee's "official" status, thus triggering the expectation for full compliance
of open meeting laws, for example. Yet, the sensitive nature of certain activities, involving hate
crime allegations or an individual's privacy, demand confidentiality which no sunshine law
would permit. There is no consistent, documented method by which appointments and
succession occur. Yet, the Steering Committee has always operated in a welcoming manner, and
it has always included the many citizens as members who have learned about its mission and
who wanted to make contributions to programs and activities. Finally, there are no specific or
clear regulations to determine scope or authorization of the Steering Committee's activities or
actions. Yet, the assessment to date of the Steering Committee's programs and actions is
overwhelmingly positive.
Conclusion And Recommendation
"In conclusion, the Lexington NPFH Steering Committee is very proud of its mission and its
many accomplishments since it was formed by the Board of Selectmen in 2000. Most Town
officials and citizens acknowledge that the Steering Committee has operated consistent with its
mission over its seven years of existence. At this timely juncture, the Steering Committee
respectfully defers to the wisdom of the Board of Selectmen concerning the formation,
functionality and future of Lexington's No Place For Hate (LNPFH) Steering Committee.
"Sincerely, Members of the Lexington No Place For Hate Steering Committee:
Jill Smilow, Chair and founding member
Rev. Judith B. Brain, founding member,
and Lexington Inter -Faith Clergy
liaison
Olga P. Guttag, member since 2004
David C. Horton, founding member
Mary Haskell, member since 2006
Claudia Lach, member since 2005
Lawrence J. Link, member 2006
Charles T. Martin, member since 2001
Leona W. Martin, founding member
Brenda Prusak, founding member
Ravi Sakhuja, member since 2004
Yukari Watanabe Scott, member since
2004
"NOTE: We are deeply indebted for her leadership and hard work to our chair, Jill Smilow, who
drew her passion and developed her skills for this work from her volunteer affiliation to and
training by the New England ADL.
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Selectmen's Meeting — October 15, 2007
- -Rev. Judith B. Brain, Olga P. Guttag, David C. Horton, Mary Haskell, Claudia Lach,
Lawrence J. Link, Charles T. Martin, Leona W. Martin, Brenda Prusak, Ravi Sakhuja,
Yukari Watanabe Scott"
Statement by Selectman Hank Manz Presenting Two Motions
"Seven years ago, faced with problems difficult to handle by existing means, the Selectmen of
Lexington asked what has come to be called No Place for Hate, but what is more correctly the
Lexington No Place for Hate Steering Committee, to do a nearly impossible job. They were
given almost no resources except our good wishes and a list of problems to solve. For seven
years they have labored, often in obscurity, to deal with problems that many do not wish to admit
exist in a town like Lexington. Some of their successes are well- known. The response to three
hate groups which visited us in quick succession were just three of those accomplishments.
There were many others, all of value to the town and most of which received no publicity
because none was ever sought.
"The program chosen to address the problems before them was No Place for Hate, developed by
the Anti - Defamation League, but endorsed by both the Massachusetts Municipal Association and
B1ueCross B1ueShield. As with all national programs, there were some disconnects with local
priorities, but it was still an excellent choice.
"Out of the work of the group grew programs like Study Circles and the Incident Response
Team. Our Rules for Civil Discourse were part of their effort. The No Place for Hate Steering
Committee is a key element of the training the Town offers to all committee chairs. They have
assisted with training Town staff in customer service. They have mediated community conflicts.
"It is time for the Town to dedicate more resources to these important efforts.
"We have, frankly, placed too great a load on the Lexington No Place for Hate Steering
Committee. We have not addressed how a non - government committee which assists the Town
can handle the sometimes conflicting demands of open meetings and confidentiality. We have
exposed them, at times, to negative feedback from citizens who did not understand that even
Lexington has civil and human rights issues. We have not helped them develop the range of
programs needed to deal with the issues they face.
"Therefore, I think the Selectmen must now move to create a structure which preserves what the
Lexington No Place for Hate Steering Committee has created, and which uses that work as a
bridge to an even stronger effort. I suggest that we do two things tonight.
1. Send a letter to the New England Anti - Defamation League rescinding our endorsement of
the Town's formal relationship with the No Place for Hate program.
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Selectmen's Meeting — October 15, 2007
"Although we are asking the Anti - Defamation League to remove us from their list of No Place
for Hate towns, we state emphatically that we will not retreat from the principles that allowed us
to be named as such. Lexington has always been a place where hate is unwelcome and we must
all do whatever is needed to keep it so.
2. Vote to establish an ad hoc committee to return, within one month, with an outline for an
organizational structure, a name, and a charge for a renewed Lexington human rights
effort.
"I suggest that once we vote to establish the ad hoc committee, we move aggressively to name
the members of that committee within one week.
"I hope that current members of the Lexington No Place for Hate Steering Committee, already a
diverse group, along with others, including those energized by the current debate, will be part of
that renewed effort.
"I think we should thank the community advocates who have reminded us so forcefully that
committees like the Lexington No Place for Hate Steering Committee have many issues to deal
with. Renewed emphasis on the Armenian Genocide and the Holocaust should remind all of us
how urgently such efforts are needed, in our own country and communities. Moreover, we can
find more than enough evidence within our own borders of where intolerance can lead. African -
Americans, Japanese- Americans, and Native Americans all have a story to tell to which we
should listen.
"As we move into this next phase, there are not enough words to thank Jill Smilow, who has
turned a lifelong dedication to community service and human rights into seven years of chairing
the Lexington No Place for Hate Steering Committee. She has sometimes seen the worst of
Lexington, and has done so much to make it better. We are fortunate to be able to build on her
efforts."
Mr. Manz proposed two motions:
That a letter be sent to the New England ADL, over our signatures, rescinding our endorsement
of the Town's formal relationship with the ADL's No Place for Hate program effective
immediately.
That an ad hoc committee be named. Their charge will be to return in not more than one month
with an outline for an organizational structure, a name, and a charge for a committee which
reconstitutes what is now the Lexington No Place for Hate Steering Committee as a more formal
body which can carry on the work being done by the current Lexington No Place for Hate
Steering Committee. Further, although we are not prepared to name the members of the ad hoc
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Selectmen's Meeting — October 15, 2007
committee tonight, we will do so within one week. Since the Steering Committee is not an
official Town committee, we are not specifically dissolving it, but rather hope that with the
establishment of the new structure there can be a smooth transition from the current committee to
its successor.
Several Lexington residents spoke on both sides of this issue.
Statement by the Lexington Armenian Community Steering Committee read by Laura
Bo h osian
"We would like to begin by acknowledging, once again, the valuable work performed by the
Lexington No Place for Hate steering committee. We have always honored their commitment to
making Lexington a diverse, bias -free, and tolerant community over the past seven years, and we
thank them.
"Our objective, rather, has been to disassociate Lexington from No Place for Hate's creator and
sponsor, the Anti- Defamation League, an organization that purports "to secure justice and fair
treatment to all citizens alike," but in practice, denies the rights of many, including the Armenian
community.
"The ADL's failure to recognize unambiguously the Armenian Genocide and its efforts, on
behalf of Turkey's denialist government, to oppose Congressional affirmation of this genocide is
unconscionable.
"The ADL's disingenuous August statement ostensibly recognizing the Armenian Genocide was
carefully worded to ensure that the Turkish massacres and exile of Armenians from their
homeland of over 2,500 years did not meet the international legal standard for genocide. This
hypocrisy must not go unchallenged.
"As recently as three weeks ago, the ADL's national director endorsed Turkey's call for a joint
commission to study the events of 1915, a proposal that the International Association of
Genocide Scholars labeled a "red herring [that] would only serve the interests of Turkish
genocide deniers."
"As an organization that actively engages in genocide denial, the ADL simply does not have the
moral authority to teach tolerance or combat hate in our cities and towns.
"Whether the ADL works "very hard at the local level" with "a lot of personal involvement"
with local No Place for Hate committees, as stated by New England ADL Director Andrew
Tarsy, or whether local committees are largely free of ADL influence as argued by Lexington's
No Place for Hate steering committee, is simply irrelevant.
65 -15
Selectmen's Meeting — October 15, 2007
"What is critical is the fact that No Place for Hate is a registered, trademarked program of the
Anti - Defamation League and our local committees work under the ADL's name. Indeed, they
require regular recertification by the ADL. For Lexington's local human rights body to perform
anti -bias and anti -hate work through an organization engaging in genocide denial is contradictory
and absurd.
"Thus, we ask that the No Place for Hate committee be reconstituted as a town - sponsored human
rights commission, for it is vital that the work continue. We look forward to meeting with the
town and the members of the steering committee to achieve this.
"The Armenian community thanks our friends and neighbors, numerous individual members of
the Jewish community, organizations such as Jewish Voice for Peace, and local human rights
commissions who voiced strong support for our call to sever ties with the ADL.
`By voting to rescind its endorsement of the ADL's No Place for Hate program, Lexington's
Board of Selectmen will uphold the human rights and dignity not only of its Armenian residents,
but of all people everywhere. Human rights are universal and should never be subordinated to
political interests, whether on the local, state, national, or international level.
"For if one group is denied its rights, all groups are endangered - as evidenced by Hitler's quote
just prior to his invasion of Poland and unleashing of the Holocaust. `Who, after all,' he asked,
`speaks today of the annihilation of the Armenians ?'
"Let us speak tonight of the annihilation of the Armenians and take a principled stand against the
ADL's denial of the Armenian Genocide. Lexington, Massachusetts has served as a symbol for
justice and human rights since 1775. Let us honor that legacy now by ending our association
with the Anti - Defamation League."
Upon motion duly made and seconded, it was voted 5 -0 to send a letter to the New England
Anti - Defamation League rescinding our endorsement of the Town's formal relationship with the
No Place for Hate program and to send a copy to the National Anti - Defamation League.
Mr. Kelley will support the proposed ad hoc committee and would like the new committee to be
more officially sanctioned by the Selectmen and be more public. Mr. Cohen does not support the
idea of the committee having to be more public in view of the issues that will come before it.
Mr. Manz stated that he feels both issues can be handled by any legally constituted entity. The
Ad Hoc Committee would have to see how other towns are dealing with the issue.
Upon motion duly made and seconded, it was voted 5 -0 to establish an ad hoc committee to
return, within one month, with an outline for an organizational structure, a name, and a charge
for a renewed Lexington human rights effort.
65 -16
Selectmen's Meeting — October 15, 2007
Burlington Plan
The Selectmen briefly discussed how the Burlington Plan would work to help keep track of
Special Education out of district costs. The School Committee recommends considering the
Burlington Plan.
The Selectmen recommend that the School Committee meet with the Appropriations Committee
and then discuss again at the November 13 Summit.
Review of TIF/EOA Documents
Mr. Valente presented the draft documents required by the State as part of the TIF application.
The Board will be asked to approve and sign the documents at the meeting prior to Town
Meeting on October 17. The documents include: Resolution authorizing the creation of the
Patriot Way Economic Opportunity Area, resolution authorizing the designation of a certified
project; and the Tax Increment Financing Agreement by and among the Town of Lexington,
Shire Human Genetic Therapies, Inc., and Patriot Partners Lexington, LLC.
Consent Agenda
Adjustments of Water and Sewer Charges
Upon motion duly made and seconded, it was voted 5 -0 to approve the following adjustments of
water and sewer charges:
Adjustments of Water /Sewer Charges for the period 8/l/07 to 8/31/07 - $42,215.65
Ratify Poll Vote - One -Day Liquor License — Historical Society/Esther and Robert
Isenberg
Upon motion duly made and seconded, it was voted to ratify a poll vote approving a one -day
liquor license for the Lexington Historical Society /Esther and Robert Isenberg for a `By the
Light of the Harvest Moon" Hospice Fundraiser on Saturday, October 13, 2007, from 7:30 p.m.
to 11:00 P.M.
Ratify Poll Vote — Letters of Support for Hangar 24 Museum
Upon motion duly made and seconded, it was voted 5 -0 to ratify a poll vote to send a letter to
Hanscom Air Force Base supporting the plan to site an aerospace technology museum in Hangar
24.
Ratifv Poll Vote — Letters of SUnnort Sent to Director of Greenways and Trails
Upon motion duly made and seconded, it was voted 5 -0 to ratify a poll vote to send letters to the
Director of Greenways and Trails supporting the Western Greenway extension trail work in the
Beaver Brook North Reservation and the trail improvement work in the Dunback Meadow,
Hayden Woods and Willard's Woods conservation areas.
65 -17
Selectmen's Meeting — October 15, 2007
Ratify Poll Vote — Proclamation for George Mechem
Upon motion duly made and seconded, it was voted 5 -0 to ratify a poll vote to sign a
proclamation for George Mechem to proclaim October 9, 2007 as George Mechem Day in honor
of his retiring from the Lexington Public Schools system after 37 years.
Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of September 24,
2007 and September 26, 2007.
Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
65 -18
Selectmen's Meeting
October 17, 2007
A meeting of the Board of Selectmen was held on Wednesday, October 17, 2007 at 6:30 p.m. in
the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr.
Burnell; Mr. Valente, Town Manager; Mr. Lahey, Town Counsel; and Ms. Chabot, Assistant to
the Executive Clerk, were present.
Review and Sign TIF / EOA Documents and Resolutions
Mr. Valente presented the final Tax Increment Financing Agreement, Patriot Way Economic
Opportunity Area Application, and Certified Project Application.
Upon motion duly made and seconded, it was voted 5 -0 to approve and sign the Tax Increment
Financing Agreement between the Town of Lexington, Shire Human Genetic Therapies, Inc.,
and Patriot Partners Lexington LLC, and forward the agreement to the Economic Assistance
Coordinating Council.
Upon motion duly made and seconded, it was voted 5 -0 to sign a Resolution Authorizing the
Creation of the Patriot Way Economic Opportunity Area.
Upon motion duly made and seconded, it was voted 5 -0 to sign a Resolution Authorizing the
Designation of a Certified Project.
Appointments
Selectmen's Ad Hoc Human Rights Organizing Committee
Mrs. Krieger presented the proposed charge and membership for the Selectmen's Ad Hoc
Human Rights Organizing Committee.
Upon motion duly made and seconded, it was voted 5 -0 to approve and adopt the charge for the
Selectmen's Ad Hoc Human Rights Organizing Committee.
Upon motion duly made and seconded, it was voted 5 -0 to appoint David Horton, Margaret
Coppe, Hank Manz, Al Zabin, Nora Aroyan, Linda Vine, and Chief Casey to the Selectmen's Ad
Hoc Human Rights Organizing Committee.
Upon motion duly made and seconded, it was voted 5 -0 to designate the members of the
Selectmen's Ad Hoc Human Rights Organizing Committee as Special Municipal Employees.
Lexington Emergency Housing Assistance Committee (LEHAQ
LexHAB is creating the LEHAC, which will include the Human Services Director, a member of
the clergy, a LexHAB designee, a Housing Partnership designee, and a Selectmen designee.
Upon motion duly made and seconded, it was voted 5 -0 to appoint Julie Duncan as the Board of
Selectmen's designee to the Lexington Emergency Housing Assistance Committee.
65 -19
Selectmen's Meeting — October 17, 2007
Shire HGT, Inc. Biosafety Committee
Shire has requested that a citizen of Lexington be appointed to their Biosafety Committee.
Upon motion duly made and seconded, it was voted 5 -0 to appoint Gloria Bloom to Shire's
Biosafety Committee.
Letter Commenting on the Draft 2007 Massachusetts Bicycle Transportation Plan
The Lexington Bicycle Advisory Committee has requested that a letter with comments on the
draft 2007 Massachusetts Bicycle Transportation Plan be signed by the Chairman of the Board of
Selectmen and sent to the Planners Collaborative.
Upon motion duly made and seconded, it was voted 5 -0 to approve and sign the letter prepared
by the Lexington Bicycle Advisory Committee to the Planners Collaborative that includes
comments on the draft 2007 Massachusetts Bicycle Transportation Plan.
Consent Agenda
Sign Warrant for Special State Primary on November 13, 2007
Upon motion duly made and seconded, it was voted 5 -0 to sign the Warrant for the Special State
Primary on November 13, 2007.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes
of September 24, 2007.
Upon motion duly made and seconded, it was voted 5 -0 to adjourn to Cary Hall at 6:50 p.m.
The meeting was reconvened in Cary Hall at 7:30 p.m.
Upon motion duly made and seconded, it was voted 5 -0 to ratify all votes taken at the earlier
session of the meeting.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
65 -20
Selectmen's Meeting
October 29, 2007
A regular meeting of the Board of Selectmen was held on Monday, October 29, 2007 at 7:30
p.m. in the Selectmen Meeting Room Town Office Building. Chairman Krieger, Mr. Cohen, Mr.
Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present.
Public Comment
Mrs. Stieglitz provided the Board with information regarding Jail Diversion and hopes many
people from Lexington will attend the upcoming panel discussion and then develop a program
for Lexington.
Selectmen Concerns and Liaison Reports
Mr. Manz reported that the restriping of Hartwell Avenue was done over the weekend and
wanted to thank the Bike Committee for pushing for a long time and to also thank Dave Cannon
from DPW for getting the restriping completed.
Mr. Burnell reported that LexMedia will begin construction on a new studio at Kline Hall.
The Selectmen decided to cancel the November 5 meeting.
Town Manager Report
Mr. Valente reported that the Town met with EACC and received unanimous approval for the
Shire project.
Lexington Minute Men — Parkers March Reenactment
First Sergeant Alex Cain and Adjutant Michael DaRu, members of the Lexington Minute Men,
came before the Selectmen to request permission to plan a reenactment of Parker's Revenge.
The event would take place on Saturday, April 19, 2008 beginning at 8:30 a.m. on the Battle
Green with a short reenactment and then at approximately 9:00 a.m. the Minute Men would
march along Massachusetts Avenue to Parker's Revenge at the Minuteman National Park. They
would also like to have a police escort as they march. They are hoping that Parker's Revenge
will become an annual event.
Ms. McKenna, Chair of the Tourism Committee, asked that the Lexington Minute Men
coordinate with the Tourism Committee so that the Liberty Ride is not impacted.
65 -21
Selectmen's Meeting — October 29, 2007
Upon motion duly made and seconded, it was voted 4 -0 to approve the request of the Lexington
Minute Men to use the Battle Green on Saturday, April 19, 2008, from 8:30 a.m. to
approximately 9:00 a.m. to begin the reenactment of Parker's Revenge and then to march along
Massachusetts Avenue beginning at approximately 9:15 a.m. to Parker's Revenge at the
Minuteman National Park, arriving by 10:15 a.m. and to coordinate with the Police Department
and the Tourism Committee.
Conservation Commission — Gift of Land
Ms. Miller, Chair of the Conservation Commission, came before the Selectmen seeking the
Selectmen's vote to approve the gift o a parcel of land off Waltham Street to the Town for
conservation purposes. The parcel of land is a vacant lot located off Waltham Street at the
corner of Brookside Avenue. The lot is approximately 35,300 square feet consisting of
conservation jurisdictional wetland resource areas, including riverfront area, bordering vegetated
wetlands and bordering land subject to flooding associated with Clematis Brook. It is also
adjacent to other town -owned land and is listed in the 1996 Land Acquisition Planning
Committee Report as a "highly desirable" parcel of land to protect. The Conservation
Commission voted to accept this gift of land for conservation purposes on October 23, 2007.
Upon motion duly made and seconded, it was voted 4 -0 to approve the gift of land known as
Parcel 75 on Assessors Map 24, off Waltham Street, under G.L. Chapter 40, Section 8C as it has
been and may be amended, as requested by vote of the Conservation Commission of the Town of
Lexington and recorded with the deed.
Alcohol Compliance Violation — Vinebrook Bottle Shop
Michael Rubin, lawyer for Vinebrook Bottle Shop, and William Busa, Manager of Vinebrook
Bottle Shop, came before the Selectmen regarding a 2nd liquor violation that occurred on
September 29, 2007 when beer was sold to someone under 21 years of age. Mr. Rubin stated
that Vinebrook takes the violations seriously. Going forward when they hire a new employee
that will receive alcohol awareness training within 30 days, if clerk sells to someone underage
they will be discharged. They had previously installed a scanner for checking licenses, but the
clerk did not check the ID. They also plan to fix the security cameras which were currently not
working.
Chief Casey, Police, walked through the events of the violation. The Police Department does
compliance checks on a fairly regular basis. It is the responsibility of the licensee to make sure
that clerks receive the alcohol awareness training and that they check IDs.
The Selectmen want to make sure that licensees take violations seriously. The Selectmen have
an Alcohol Enforcement Regulation that has been in effect since October 2004. The Selectmen
all agreed that there should be a 3 -day suspension, but discussed how many, if any, days should
be put in abeyance and when a suspension should be served. The Selectmen agreed that any
65 -22
Selectmen's Meeting — October 29, 2007
suspension should be served on the day of the week that the violation occurred and if an
additional violation occurs within 1 year the 3 -day suspension would be doubled with no days
put in abeyance.
Upon motion duly made and seconded, it was voted 4 -0 to suspend the package store liquor
license of Vinebrook Bottle Shop for a period of 3 days with 2 days put in abeyance unless
another violation occurs within one year, then the suspension will be doubled (5 days). It was
further voted that the 1 -day suspension will be served on Saturday, November 24, 2007.
Lexington Commons Change to Noise Special Permit
Mr. Leach, Nauset Construction, came before the Selectmen requesting permission to work at
night to complete the necessary sewer connections necessary for Lexington Commons under
Massachusetts Avenue. Mr. Leach would like to do the work at night because Mass. Avenue
would have to be closed for many hours in both directions. The night work would be completed
over two nights, three at the most. Suggested dates are Tuesday, October 30, from 9:00 p.m. to
5:30 a.m.; Wednesday, October 31, from 9:30 p.m. to 5:30 a.m. and if necessary Thursday,
November 1, from 9:00 p.m. to 5:30 a.m. This would be an amendment to the already approved
Noise By -Law Special Permit. Nauset Construction will have the necessary police and safety
details and also will pay the Department of Public Works employees needed at the site at time
and a half. Nauset will also provide the Town with up -to -date as -built drawings. In addition,
Nauset will send a notice to abutters and include information on the e -mail list.
Upon motion duly made and seconded, it was voted 4 -0 to amend the Special Permit under the
Lexington Noise By -Law for Lexington Commons LLC to allow night work on Tuesday,
October 30, from 9:00 p.m. to 5:30 a.m.; Wednesday, October 31, from 9:30 p.m. to 5:30 a.m.;
and if necessary on Thursday, November 1, from 9:00 p.m. to 5:30 a.m. to complete sewer work
under Massachusetts Avenue in front of Lexington Commons. This change was approved with
the condition that notices are sent to the abutters and information is sent out to the e -mail list.
Appointments/Resignations
Board of Appeals
Upon motion duly made and seconded, it was voted 4 -0 to accept the resignation of Maura
Sheehan from the Board of Appeals, effective immediately.
Upon motion duly made and seconded, it was voted 4 -0 to appoint Lynne Wilson to the Board of
Appeals to fill the unexpired term of Maura Sheehan until September 30, 2008.
Upon motion duly made and seconded, it was voted 4 -0 to appoint Jill Hai to the Board of
Appeals as an Associate Member to fill the unexpired term of Lynne Wilson until September 30,
2008.
65 -23
Selectmen's Meeting — October 29, 2007
Selectmen's Ad Hoc Human Rights Organizing Committee
Upon motion duly made and seconded, it was voted 4 -0 to ratify a poll vote to appoint Deborah
Strod to the Selectmen's Ad Hoc Human Rights Organizing Committee.
Traffic Safety Advisory Committee
Upon motion duly made and seconded, it was voted 4 -0 to appoint David Cannon to the Traffic
Safety Advisory Committee as the DPW/Engineering designee for a one -year term to expire on
September 30, 2008.
Appointment of Assistant Manager for Omni's Crushed Grapes and More
Upon motion duly made and seconded, it was voted 4 -0 to approve Steven Gillis as an Assistant
Manager serving liquor at the Omni Crushed Grapes and More Package Store at 411 Waltham
Street.
Town Manager Reappointment — Commission on Disability
Upon motion duly made and seconded, it was voted 4 -0 to approve the Town Manager's
reappointment of Charles Cole to the Commission on Disability for a three -year term to expire
on October 1, 2010.
Consent Agenda
Commitments and Adjustments of Water and Sewer Charges
Upon motion duly made and seconded, it was voted 5 -0 to approve the following commitments
and adjustments of water and sewer charges:
Commitment of Water /Sewer Charges for September 2007 (Cycle 9) $220,200.22
Commitment of Water /Sewer Charges for 9/l/07 to 9/30/07 (Final Bills) $11,603.06
Commitment of Water /Sewer Charges for 10/30/07 (Section 1) $1,755,729.00
Commitment of Water Charges for 8/25/07 (Interim Bills) $1,225.50
Adjustments of Water /Sewer Charges for 9/l/07 through 9/30/07 - $7,132.89
One -Day Liquor License — LHS Boys Basketball Team
Upon motion duly made and seconded, it was voted 4 -0 to approve a one -day liquor license to
serve beer and wine at the LHS Boys Basketball Team Fundraiser on Saturday, November 24,
2007, at the Depot Building, from 7:00 p.m. to 12:00 p.m. to benefit the Boys Basketball Team.
One -Day Liquor License — St. Brigid Church
Upon motion duly made and seconded, it was voted 4 -0 to approve a one -day liquor license to
serve wine at the St. Brigid Parish fundraiser for Mary's Party to benefit the St. Francis House
Homeless Shelter on Saturday, November 10, 2007, from 6:00 p.m. to 12:00 midnight at the St.
Brigid Church.
65 -24
Selectmen's Meeting — October 29, 2007
Designate the Water and Sewer Abatement Board as Special Municipal Employees
Upon motion duly made and seconded, it was voted 4 -0 to designate members of the Water and
Sewer Abatement Board as Special Municipal Employees.
Employee Recognition Day Proclamation
Upon motion duly made and seconded, it was voted 4 -0 to sign a proclamation for Employee
Recognition Day on November 7, 2007.
Approve Town Celebrations Committee Requests for Veteran's Day
Upon motion duly made and seconded, it was voted 4 -0 to approve the use of the westerly side
of Massachusetts Avenue from the Old School Administration building to Bedford Street,
Bedford Street westerly to Harrington Road and midway down Harrington Road to the Battle
Green for the Veteran's Day Parade on Monday, November 12, 2007 beginning at 10:00 a.m.
and also the use of the Battle Green from approximately 10:30 a.m. to 11:30 a.m. for Veteran's
Day ceremonies.
Minutes
Upon motion duly made and seconded, it was voted 4 -0 to approve the minutes of October 10,
2007, October 10, 2007, October 15, 2007, and October 17, 2007.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 4 -0 to approve the executive session minutes
of October 10, 2007.
Executive Session
Upon motion duly made and seconded, it was voted by poll vote 4 -0 to go into executive session
for a matter of bargaining, with no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 8:40 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk