HomeMy WebLinkAbout2004-05-BOS-min
Selectmen’s Meeting
May 3, 2004
A regular meeting of the Board of Selectmen was held on Monday May 3, 2004 in the Clarke
Middle School Room 119 at 7:00 PM. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr.
Kelley, Mr. Pagett; Mr. White Town Manager, Mr. Lahey, Town Counsel and Ms. Manning,
Clerk were present.
The Chairman opened the meeting and announced that the Board would be going into Executive
session.
Upon motion duly made and seconded, it was voted by roll call vote, Mrs. McKenna, Mrs.
Krieger, Mr. Kennedy, Mr. Kelley and Mr. Pagett to go into Executive Session
for the purpose of a discussion of collective bargaining and litigation with the intent to return to
open session at 7:40.
The open session resumed at 7:40.
Selectmen Concerns and Liaison.
Mrs. McKenna informed the board that she had read an article in the NorthWest Section of the
Boston Globe about the town of Reading being reprimanded for violating the Open Meeting
Law. Apparently the selectmen from Reading communicated through an e-mail address that
only they could access. Mrs. McKenna reminded the Board that they should not discuss issues
amongst themselves and their e-mails must be made public. The Selectmen’s Office will
maintain a file of all of the Selectmen’s e-mail correspondence.
Mrs. McKenna expressed her gratitude to the Lexington Fire Dept. Her family needed assistance
over the weekend and the F. D. responded efficiently and professionally.
National Public Works Week
Mr. Hadley informed the Board that National Public Works Week would run from May 16
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through May 22. Lexington DPW will be hosting an Open House on May 20 from 10:00 AM
- 2:00 PM.
Vote To Sign Warrant for Override Election
Board needs to decide which option or combination of options they want to use for the wording
of the Override questions. Mrs. McKenna told the Board that she had been in contact with Tom
Griffith from the School Committee and let him know that the Board would be voting on these
questions tonight and that the School Committee had the option of how the school question
should be worded. Mr. Griffiths said he would let the School Committee decide and would then
inform the Board of Selectmen. Mr. Kelley suggested that the Selectmen vote on questions 2-6
first to give the school committee time to make their decision. Mrs. McKenna confirmed that
Selectmen’s Meeting – May 3, 2004
was the intention. She also reminded the Board that they must vote separately on each question.
The Board is being presented three different versions of each question and they must vote on 1)
whether the question should be included in the override and 2) which version of the question
should be used.
Question 2
Upon motion duly made and seconded, it was voted 5-0 to include question 2 as part of the
override.
Upon motion duly made and seconded, it was voted 5-0 to have the question worded as follows:
Shall the Town of Lexington be allowed to assess an additional $213,028 in real estate and
personal property taxes for the purposes of the operation of a six-route Lexpress transportation
system, for the fiscal year beginning July first, two thousand and four?
Question 3
Upon motion duly made and seconded, it was voted 5-0 to include question 3 as part of the
override.
Upon motion duly made and seconded, it was voted 5-0 to havethe question worded as follows:
Shall the Town of Lexington be allowed to assess an additional $194,693 in real estate and
personal property taxes for the purposes of Department of Public Works, including restoring
curb side yard waste pick up, cleaning, street lights and other maintenance, for the fiscal year
beginning July first, two thousand and four?
Question 4
Upon motion duly made and seconded, it was voted 5-0 to include question 4 as part of the
override.
Upon motion duly made and seconded, it was voted 5-0 to have the question worded as follows:
Shall the Town of Lexington be allowed to assess an additional $191, 730 in real estate and
personal property taxes for the purposes of restoring library services including personnel and
Saturday and Sunday hours of operation, for the fiscal year beginning July first, two thousand
and four.
Question 5
Upon motion duly made and seconded, it was voted 5-0 to include question 5 as part of the
override.
Upon motion duly made and seconded, it was voted 5-0 to have the question worded as follows:
Shall the Town of Lexington be allowed to assess an additional $179,961 in real estate and
personal property taxes for the purposes of Social Services and Town Support Services, for the
fiscal year beginning July first, two thousand and four?
Selectmen’s Meeting – May 3, 2004
Question 6
Upon motion duly made and seconded, it was voted 5-0 to include question 6 as part of the
override.
Upon motion duly made and seconded, it was voted 5-0 to have the question worded as follows:
Shall the Town of Lexington be allowed to assess an additional $173,443 in real estate and
personal taxes for the purpose of Public Safety, for the fiscal year beginning July first, two
thousand and four?
Article Positions
Article 24-Laconia Street
Upon motion duly made and seconded, the Board voted 4-1 (McKenna) to approve a 20 ft width
road with no sidewalk.
Article 26 Municioal Electric Utility Plant / Article 27 Engineering & Legal Feasibility
Studies for a Lexington Municipal Electric Utility
Mrs. McKenna asked Mr. Chernick to address the Board in regard to Article 26. Mr. Chernick is
moving for a resolution that does not include a request for funding and Mr. Chernick
summarized the resolution for the Board. The resolution explains there must be two consecutive
votes at Town Meeting in favor of forming a municipal utility, the vote grants permission to go
forward with a study. It supports the enactment of legislation to facilitate the municipalization
process and requests that Town Meeting ask state representatives to support such legislation.
The Ad Hoc Committee gets a clear vote of support from Town Meeting to go ahead with a
streamline effort to put together a more detailed plan for what the feasibility study would look
like. It also asks the Board to pass the request to the appropriate members of legislature.
Upon motion duly made and seconded, the Board voted 5-0 in favor of supporting Article 26 as
the motion dated May 3, 2004 reads.
Article 31 Senior Tax Relief
The Board made decisions at a previous meeting that are reflected in the motion for Article 31
dated 5/3/04. One thing that had not been decided at that point was the Board left the maximum
exemption at $500.00. Subsequent to that meeting the Board has received several phone calls.
Paul Hamburger planned to offer an amendment to increase the exemption amount to $750.00.
The Board must decide if they want to include that increase as part of their main motion.
Mrs. McKenna asked Vicki Blier if she had any comment, Vicki stated that the committee
depends on the Appropriations Committee to advise what can work within the overlay. Mrs.
McKenna commented that the Appropriations Committee and Mr. White had checked with the
Town Assessors, who feel the increase in the exemption amount can be accommodated by the
overlay.
Selectmen’s Office – May 3, 2004
Upon motion duly made and seconded, the Board voted 5-0 in favor of raising the exemption to
$750.00
Article 32-Increased Tax Exemptions for Seniors on Limited Income
Mr. Mehr confirmed he will indefinitely postponing Article 32.
Members of the School Committee arrived: Mrs. McKenna informed them that the Board had
used descriptive questions, how did the school committee want their question to appear. She
invited Scott Burson to address the Board.
Question 1
Upon motion duly made and seconded, it was voted 5-0 to include question 1 as part of the
override.
Mr. Burson told the Board that the School Committee unanimously favors a descriptive
question. Mrs. McKenna stated that the Board would continue the meeting after Town Meeting
tonight. In the meanwhile she will give them examples of the language used in the other five
questions. The School Committee agreed to review the other questions and submit its question
to the Board by the end of Town Meeting tonight.
Once the Board receives the wording for the School question it will be prepared to sign the
Warrant.
Resignation – Director of Guides
Larry Whipple is requesting the Board accept his resignation from his position as Director of
Guides. Mr. Whipple has held this position for the last twelve years. Mrs. McKenna hopes the
Board will allow her to invite Mr. Whipple to a future meeting so the Board can thank him in
person for his contributions to the community. She also asked the Board to refer to the Tourism
Committee the question of what is the best way to provide the Tour Guide Services going
forward in the context of the overall tourism program. The Board agreed to do so.
Upon motion duly made and seconded, it was voted 5-0 in favor of accepting Mr. Whipple’s
resignation.
Reconsideration of Article 8 – Zoning By-Law, Home Occupations
Upon motion duly made and seconded, it was voted 5-0 in favor of making the changes
requested by Mr. Bartenstein.
Upon motion duly made and seconded, it was voted 5-0 to adjourn until the end of Town
Meeting.
Selectmen’s Meeting – May 3, 2004
At the conclusion of Town Meeting the Board resumed public session to consider the wording of
Question 1 for the override.
Question 1 – SCHOOLS
Upon motion duly made and seconded, it was voted 5-0 to have the question worded as follows:
Shall the Town of Lexington be allowed to assess an additional $3,271,485 in real estate and
personal property for the purposes of restoring and preserving school services to meet
educational goals including elementary art, elementary music, elementary physical education,
classroom teachers, materials, supplies, equipment, educational and administrative support and
infrastructure, maintenance and operations, for the fiscal year beginning July first, two thousand
and four?
Upon motion duly made and seconded, it was voted 5-0 in favor of signing the warrant.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:30 p.m.
A true record, Attest:
Lori A. Manning
Clerk
Selectmen’s Meeting
May 5, 2004
A regular meeting of the Board of Selectmen was held on Wednesday, May 5, 2004at the Clarke
Middle School in Room 119, at 7:00 p.m. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr.
Kelley, Mr. Pagett; Mr. White, Town Manager, Mr. Lahey, Town Counsel and Ms. Manning,
Clerk were present.
The Chairman opened the meeting and announced the Board wouldbe going into executive
session to discuss matters of litigation and would resume open session at 7:40 p.m.
Open session resumed at 7:40 p.m.
Selectmen Meetings
Mrs. McKenna reviewed the Board’s upcoming meeting schedule. There will be no Town
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Meeting on Monday May 10, would it be the Boards pleasure to have an executive session on
that day or to take a break. The Board agreed that their next meeting would be Wednesday May
12 at 7:00 p.m.
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Mr. Kelley mentioned that the Met. State Project would be coming up at the May 12, Town
Meeting. He is not in support of the Site Development and Use Plan. He is concerned that the
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Board may need to meet on Monday, May 10 to discuss any last minute issues. Mrs. McKenna
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said she would look into what would be on the agenda for the 12 and there were only a few
items on the agenda they would have ample time to discuss the Met. State Project.
Article Positions
Article 15 – Supplementary Appropriations for Current Year for Current Fiscal Year
This article has been indefinitely postponed.
Article 29 – Stabilization Fund
There have been many conversations between the School Committee, Appropriations
Committee, and Capital Expenditures Committee as to whether or not they will submit an
amendment to the Board’s motion. As of this time the School Committee has voted not to
submit a substitute motion tonight.
Article 31- Senior Tax Relief
This article has been voted on by the BOS.
Article 32 – Increased Tax Exemptions for seniors on Limited Income
This article has been definitely postponed.
Article 38 – Fire Department under Civil Service Law
This Article is going forward.
Selectmen’s Meeting – May 5, 2004
Article 40 – Amend Section 80-4G, Stationary Engine Run Up (Noise Bylaw)
The Board expects a motion to be brought forward. They will wait until after the debate at
tonight’s Town Meeting to take a position.
Article 13 – Zoning Bylaw Amendments to Standard For RD Planned Residential
Development Districts
Mrs. McKenna told the Board that a citizen may be proposing an amendment and has filed the
legal notice necessary to do so. Mrs. McKenna has had several conversations with this citizen
and has urged him to understand the positions the Board has taken.
Article 18 – Capital Projects and Equipment
Mr. Pagett told the Board that he had received e-mail from Sam Silverman; he wants Article 18
to be reconsidered and reinstated.
Proclamation – National Public Works Week
Upon motion duly made and seconded, it was voted to proclaim the week of May 16 to 22, 2004
National Public Works Week.
Upon motion duly made and seconded, it was voted to adjourn to Town Meeting at 8:00 p.m.
A true record, Attest:
Lori A. Manning
Clerk
Selectmen’s Meeting
May 12, 2004
A regular meeting of the Board of Selectmen was held May 12, 2004 in Room 119 of the Clarke
Middle School at 7:00 p.m. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr.
Pagett; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Manning, Clerk were
present.
New Wine and Malt Liquor License - Bollywood
Representatives from Bollywood were not present at the start of the meeting. Mrs. McKenna
had recently visited the restaurant and observed it had only 18 seats and its primary business is
take out. Mrs. McKenna questioned whether there were any restrictions to issuing a liquor
license to a take out establishment. Mr. Lahey indicated that the application was for In Service
Use Only. Mr. Lahey then questioned whether or not the application was subject to the 99-seat
limit and requested that the hearing be extended for two weeks so he could confirm the effective
date of the new liquor license law.
Mrs. McKenna verified there was no one in the audience to specifically talk on this application.
Mrs. McKenna suggested continuing the application for two weeks giving Mr. Lahey a chance to
become familiar with the application and hopefully a representative from the restaurant would
attend that meeting.
Upon motion duly made and seconded, it was voted 5-0 to continue the hearing until May 24,
2004 at 8:00PM.
At this point Mr. Goldberg attorney for Bollywood arrived. He agreed to the continuance and
asked that he be informed of any questions or concerns prior to the scheduled hearing date.
Articles 12 & 13
The board had a brief discussion regarding whether or not anyone wanted to change their
position on either of these Articles.
Mr. Kelley stated that he is still in opposition to Article 13. His issues are primarily focused
towards the financial neutrality of the project. He will be presenting the Minority Report at
tonight’s Town Meeting.
No Board members wanted to change their position.
Reconsideration of Article 18f – Traffic Improvements
Sam Silverman presented the Board with information concerning the proposed study for a traffic
light at Maple and Massachusetts Ave. and asked that they reconsider their position. If
reconsideration prevails he has amended his motion to include investigating the impact this
traffic light would have on Pleasant Street and Marrett Roads intersections with Mass Ave.
Selectmen’s Meeting – May 12, 2004
It is Mr. Silverman’s understanding that if the Avalon project passes, the town will receive
$250,000 for traffic studies. Patriots Partners will be giving the town $100,000 towards traffic
mitigation. He sees this as a golden opportunity to study a majority of the town’s traffic issues.
Upon motion duly made and seconded, it was voted 4-1 (Krieger) against reconsideration.
Reconsideration of Article 43 Use of Funds to reduce Tax Rate
This Article will be postponed indefinitely.
Electric Utility Resolution
Patrick Mehr submitted a request that the Chairman sign both a letter and the resolution Town
Meeting adopted under Article 26 to the Co-Chairs of the Government Regulations Committee
and to Lexington’s legislators.
Upon motion duly made and seconded, the board voted 5-0 in favor of the Chairman signing a
letter and sending it with the resolution Town Meeting adopted under Article 26 to the Co-Chairs
of the Government Regulations Committee and Lexington’s legislators.
Support Regional Transportation Proposal
The Transportation Advisory Committee would like the Chairman to sign a letter supporting the
Suburban Mobility Grant Proposal that would connect high-density employment centers in
Lexington and Woburn with the Anderson Regional Transportation Center.
The Board expressed concern with a portion of the Committee’s letter that states the Town of
Lexington has committed resources for the development of the grant as well as some marketing
funds. Although the Board is pleased with the ideas of the Committee it is unable to support
Lexington committing municipal funds to the project.
It was decided to defer further discussion until these issues were resolved.
Upon motion duly made and seconded, the board voted 5-0 to adjourn at 7:45 PM.
A true record, Attest:
Lori Manning
Selectmen’s Meeting
May 17, 2004
A regular meeting of the Board Of Selectmen was held on Monday, May 17, 2004 in the
Selectmen’s Meeting Room at 7:30 pm. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr.
Kelley, Mr. Pagett; Mr. White, Town Manager, Mr. Lahey Town Counsel: and Ms. Manning,
Clerk were present.
The Chairman opened the meeting by stating that Mr. Kennedy would join the meeting at 8:00.
Selectmen Concerns and Liaisons Reports
Mr. Kelley reported that the first meeting of the Building Finance Committee would be held
Tuesday May 18, 2004, at 7:00 PM.
Next Mr. Kelley asked if the Board would consider holding an informal meeting with citizens
before the override vote, the meetings would give citizens the opportunity to get a better
understanding of the override questions. Mrs. McKenna suggested that the meeting be held on
Saturday June 5, 2004 from 10:30 - 12:30. Both Mr. Pagett and Mrs. Krieger agreed with the
idea, Mrs. McKenna will schedule that meeting.
Mrs. McKenna also commented that it is the current policy of the Board to hold such meetings
four times a year in different quadrants of the town.
Mr. Pagett raised a concern about Article 37 the adoption of MGL chapter 148 s26h, (Laws
relating to automatic fire sprinkler systems in certain lodging or boarding houses.) The Article
was indefinitely postponed at Town Meeting due to concerns regarding its impact on the B&Bs
in town. Mr. Pagett’s concern is the Holiday Inn, (which does not have a sprinkler system) he
feels this is a safety concern.
Mr. White informed the Board that the town manager’s office has compiled a list of B&Bs in the
town, there a feeling that there are more that aren’t registered with the Board of Health or as an
operating business. Mr. White is hoping to begin an inventory of those establishments through
the use of existing staff, DPW and Public Safety Officials that are out in the community. Mr.
White also told the Board that Wayne Delaney has been appointed Assistant Fire Chief, and one
of first responsibilities will be to contact the Holiday Inn, hopefully be able to get some
voluntary compliance from management.
Mrs. McKenna questioned why B&Bs would fall under the same law as hotel with multiple
rooms. She suggested speaking with our State Legislature about this and asked Mr. White to
keep the Board informed on this subject.
Mrs. McKenna reported to the Board that she recently went to the Village Cobbler and
discovered it had been sold about six months ago to the man who operated the shoe repair shop
in the Burlington Mall. She feels this is a wonderful addition to the center.
Selectmen’s Meeting – May 17, 2004
Mrs. McKenna and Mr. Kennedy had attended a meeting that morning of the Comptroller Search
Committee; Mrs. McKenna reported that the process was moving forward. To this point the
process has been kept confidential at the request of some of the candidates. However, the
process will include a component involving finalists being interviewed in a public session. The
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June 7 meeting will be mostly devoted to that purpose.
Next Mrs. McKenna noted since Town Meeting has ended the Board needs to set their goals for
the year. She will be meeting with each member of the Board to find out what is on their mind
for the next year.
One Day Liquor License-Shake It For Shelter
The Parenting Resource Associates is requesting a one-day liquor license to sell beer and wine at
the Shake it for Shelter! Fundraiser Dance. The event is scheduled for June 19, 2004 from 8:00
p.m. to midnight.
Upon motion duly made and seconded, it was voted 4-0 to issue the one-day license.
Ratify Poll Vote to Support Regional Transportation Proposal
At the last Board meeting this item was deferred until tonight’s meeting. Since that time Mrs.
McKenna was informed that if the board waited until tonight’s meeting to vote on this item they
would miss the deadline. A poll vote was taken, at that time. Tonight Mrs. McKenna is asking
for a motion to ratify the poll vote to have the Chairman sign a letter of support on behalf of the
Transportation Planning and Programming Committee.
Upon motion duly made and seconded, it was voted 4-0 to ratify the poll vote and sign the letter
of support.
Mr. Kennedy arrived at the meeting at 7:50pm.
Minutes
Upon motion duly made and seconded, it was voted 4-0-1 (Mr. Pagett abstained) to approve the
minutes of the February 2, 2004 and March 1, 2004 minutes.
Selectmen Concerns and Liaison Reports
At this time Mr. Kennedy and Mrs. Krieger addressed the board. Mr. Kennedy feels that some
members of the town’s professional staff, including department heads, have been unfairly
“misconstrued as not being supportive of the board” for expressing opposing viewpoints.
Selectmen’s Meeting – May 17, 2004
Mrs. Krieger added that the board “is losing credibility with the community and the staff”
because of some “process and management issues” that could continue to “limit the effectiveness
of the board” if they are not fixed. One matter Mrs. Krieger took issue with was a selectmen
going straight to a staff member for information, bypassing the chain of command. Mr. Kennedy
advised board members to look to the Selectmen and Town Manger Act for guidance when in
doubt.
Appointments
Upon motion duly made and seconded, it was voted 5-0 to reappoint Stew Kennedy to the
Conservation Commission.
Resignations
Upon motion duly made and seconded, the board voted (5-0) to accept the resignation of Alan
Lazarus from the 2020 Vision Committee, effective immediately.
Upon motion duly made and seconded, the board voted (5-0) to accept the resignation of H.
Bigelow Moore from the Lexington Center Committee, effective immediately.
Noise Barriers/Court Case-Representatives/Kaufman and Senator Havern
Senator Havern presented the board copies of two amendments filed by himself and
Representative Kaufman, the first was in regard to the construction of sound barriers on Route 3
and Route 128. The second requests that monies collected by the Massachusetts Highway
Department in the form of contractor fines for non-performance or late performance on the Route
3 project shall be expended to construct the sound barriers referenced in the first amendment. He
hopes to have some positive news within the next few weeks. He requested that the board write
letters to John Cogliano, Commissioner, MHD, Dan Grabauskas, Secretary-Executive Office Of
Transportation and Construction and Governor Mitt Romney.
Representative Kaufman informed the Board that the House has already adopted the second
amendment. He fully anticipates the Senate will adopt something comparable. However in the
past, even though the house and senate have agreed on this issue they have even overrode the
governors veto still we don’t have any sound barriers. He feels it is clearly a political decision
on the part of the Governor and the Highway Commissioner. He will continue to fight for the
town.
Mrs. McKenna has spoken with Lt. Governor Healey and recently attended a monthly meeting of
the communities affected by this project with state representatives. The Lieutenant Governor
told Mrs. McKenna that the portion of the project in Lexington was not considered Road
Reconstruction; instead it was being called traffic funneling this was the excuse given for not
releasing the funds. Mrs. McKenna asked what the board can do to get a meeting between the
Board of Selectmen and Dan Grabauskas.
Selectmen’s Meeting – May 17, 2004
Both Senator Havern and Representative Kaufman said they would try to facilitate a meeting
with Secretary Grabaukas and the selectmen.
Ed Loturco, 5 Turning Mill Road addressed the board he pointed out that since the neighbors
began their campaign he has witnessed the construction of at least nine new noise barriers
throughout the state. Mr. Loturco said that if a noise study was done now it would be 10-15
decibels higher than the results of the last study. He also noted that the amount of fumes coming
into their backyards is higher than ever before. At one time there was a 32 foot wall between the
neighborhood and the roadway, that wall is now gone and is being replaced by a wall four feet
tall and 200 feet long. He appreciates the stand the Selectmen, Senator Havern and Rep.
Kaufman have taken on this issue. He and his neighbors are discussing the possibility of a rally
that would possibly shut down traffic on route 3 and 128, he hopes it won’t come to that. Lastly
he asked where are we in the campaign to get what their neighborhood deserves.
Mrs. McKenna told the audience that during their Executive Session tonight the board would be
discussing pending litigation regarding this matter. The board is working all fronts to get relief
for the neighborhood.
Representative Kaufman presented the board an overview of a recent decision in he Hancock
case, issued by Judge Botsford. The case involves school funding here in Massachusetts. Her
opinion, assuming it is adopted (it is currently being reviewed by the SJC) will change the way
we fund public education in the Commonwealth. The Judge ruled that state funding for public
education is inadequate. It is the responsibility of the Commonwealth to ensure that everyone
receives a quality education.
Covenant-PM Atlantic Lexington, LLC
A covenant signed by Joseph Zink, Managing Member of PM Atlantic Lexington, LLC was
presented to the Board for their signature.
Upon motion duly made and seconded, it was voted 5-0 to sign the covenant per the vote of
Town Meeting.
LexHAB-Transfer of Property
Upon motion duly made and seconded, the board voted 5-0 to sign a revised deed transferring
the following parcels to Lexington Housing Assistance Board: 18 Banks Avenue, 8 Bruce Road,
3 Edna Street, 15 Grandview Avenue, 16 Philip Road, 2 Sedge Road, 31 Skyview Road, 3
Stedman Road and 14 Woodland Road.
Selectmen’s Meeting – May 17, 2004
GFOA Budget Award
Mr. White informed the board that the town had been awarded the Distinguished Budget
Presentation Award for the current fiscal year from the Government Finance Officers
Association. This award is the highest form of recognition in governmental budgeting.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote, Mrs. McKenna, Mrs.
Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett to go into Executive Session for the purpose of
litigation and collective bargaining with no intent of resuming Open Session.
Upon motion duly made and seconded, it was voted to adjourn at 10:15 p.m.
A true record, Attest:
Lori A. Manning
Clerk
Selectmen’s Meeting
May 24, 2004
A regular meeting of the Board of selectmen was held on Monday May 24, 2004 in the
Selectmen’s Meeting Room at 7:30 PM. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr.
Kelley, Mr. Pagett; Mr. White, Town Manager, Mr. Batt, Town Counsel and Ms. Manning,
Clerk were present.
Public Comments
Jane Gharibian submitted her resignation and expressed her gratitude to members of the Board
and Mr. White for their help and support during her time as Chair of the Communications
Advisory Committee. She also thanked Phyllis Smith, Lynne Pease and all of the committee’s
former and current members. Mrs. McKenna expressed the Board and the audience’s
appreciation for her work.
Grant of Location-Worthen Road and Lincoln Street
Upon motion duly made and seconded, it was voted to allow Keyspan to install and maintain
approximately 925 feet of 8” gas main in Worthen Road and Lincoln Street, from the existing 4”
gas main in Massachusetts Avenue at Worthen Road, south on Worthen Road to Lincoln Street
and west on Lincoln Street to Hastings Road.
Selectmen Concerns And Liaison Reports
Mrs. McKenna announced that the next meeting of the Board of Selectmen is Saturday June 5,
2004 from 10:30 AM – 12:30 PM at the Cary Library. There will also be a meeting on Monday
June 7, 2004 in the Selectmen’s Meeting Room at 7:00 PM.
Saturday, May 29 is Discovery Day; Mrs. McKenna encouraged everyone’s attendance.
Mrs. McKenna told the board that the Tourism Committee is working very hard on plans for the
week of the Democratic National Convention.
Youth Award
Mrs. McKenna presented the Charles E. Ferguson Youth Award to Emily Coffin.
David G. Miller Conservation Trust
Upon motion duly made and seconded, it was voted to accept the terms for the David G. Miller
Conservation Trust set forth in a letter from Joyce Miller to Mr. Fields, Chairman of the Trustees
of Public Trusts, dated March 17, 2004.
Selectmen’s Meeting – May 24, 2004
Liquor Licenses - Rules and Regulations
The Board took a few moments to discuss the General Rules and Regulations and Policies of the
Board regarding Liquor Licenses. The Board discussed Liquor License Fees, minimum seating
requirements, outdoor seating, License Provision Enforcement, the TIPS Program and the need
to review and update the Boards Regulations and Policies.
Mr. Kelley expressed his concern regarding the Bollywood License, he believes the Board
should postpone issuing any Liquor Licenses until new policies and regulations are established.
Mrs. Krieger agreed and feels the Board needs to establish some standards and expectations for
potential applicants. She thinks it is the Board’s responsibility to the community to have clear
expectations with how they will go forward with licensing. Mrs. Krieger questioned that since
Liquor Licenses are renewed on an annual basis, if the Board set new guidelines, would
establishments already possessing Liquor Licenses be obliged to confirm to the new guidelines.
Mr. Batt responded by saying that if new rules are established, as long as the license holder is
given fair notice, the Town can require that they conform to the new rules during the renewal
process.
Mr. Pagett feels it would be unfair to hold Bollywood to a standard that the Board has not yet
developed or ask them to wait for it’s development, when the Board does have the recourse of
not renewing the license later on if they do not conform to our requirements.
Mr. Batt commented that the Board could set some sort of precedent tonight if it chooses to
approve the application. So if they see something in the application or the establishment that
seems out of line with their vision for the next year in terms of regulations and rules then the
Board may want to delay consideration of this application. If the Board believes that this
establishment will conform in general to their vision without having all the rules in place at the
moment then Mr. Batt didn’t think the Board would be setting a precedent with this application.
Each member of the Board received a package, put together by the Town Manager’s Office,
which included information concerning surrounding towns Liquor License Requirements.
Mr. Pagett questioned what the Board’s plan for actually reviewing and adopting new guidelines
are. Mrs. McKenna responded by saying all Board members should review the packages they
received tonight, send questions or comments to Ms. Pease. Once this information is compiled it
will be forwarded to Palmer & Dodge for review. It will then make its way onto an agenda for
an upcoming meeting.
Mr. Kelley asked if any of the Board members were inclined to send notification to businesses
that we will not be accepting any new applications until we have the opportunity and set a policy
for moving forward on these.
Selectmen’s Meeting – May 24, 2004
Mr. Pagett supports the idea that the Board doesn’t act on any new licenses, but suggests the
Board must work expeditiously to get the rules and regulations into place. Mrs. Krieger asked if
the Board was in a position to deny accepting applications or should they take the position that
they will accept applications but will not be acting on them quickly. Mr. Batt said they would be
better off setting a moratorium of weeks during which the Board would not be accepting
applications.
Mrs. McKenna will instruct Ms. Pease to inform those calling about liquor license applications to
say the Board is not likely to act on an application until we put revised rules and regulations in
place, and are looking to do that within the next several weeks. The Board agreed with her
suggestion.
Continued Hearing - Liquor License - Bollywood
Mr. Goldberg represented Bollywood. He gave a brief overview of the restaurant. He stated the
application submitted by Bollywood is in compliance to the Town’s current policy.
Mr. Kelley told the Board and the applicant that because of the need to establish up to date rules
and regulations regarding Liquor Licenses he couldn’t support issuing a Liquor License at this
time.
Mr. Pagett spoke of community events the restaurant has participated in and stated that from his
perspective these are good citizens who understand their obligation to the community. The
whole purpose of opening liquor licenses was to help small restaurants make a go of it in
Lexington. He will be voting in favor of awarding this license this evening but will them join
with Mr. Kelley in that we should not entertain any further applications until the Board has
adopted a set of guidelines.
Upon motion duly made and seconded, the Board voted 4-1 (Mr. Kelley) to approve the
application and issue a wine and malt beverage license to ASMV Corporation d/b/a Bollywood.
Implementation of Cable Access
Jeanne Canale introduced herself as the new Chair of the CAC. She then introduced David
Becker who will be giving tonight’s presentation regarding the new Access Corporation.
The Committee is currently working on two separate projects. First they are in the process of
forming a Sub-Committee to come up with ideas on how to fill the gap in service between when
Comcast ends it’s service (sometime between September 1, 2004 & December 1, 2004) and
when the new access corporation will begin operation (March 2005).
Selectmen’s Meeting – May 24, 2004
The Committee is also looking at what it will take to put the new organization together. They
have adopted a process that’s been used successfully in a lot of communities, called the
conveners process. This process involves putting together a group of people who meet before
the organization is established whose responsibilities are setting up the Bylaws, Articles of
Corporation, accept applications for a Board of Directors and select the first Board of Directors
for the organization. They want to use people from the community who have demonstrated an
interest in the town and represent a lot of different points of view. There could be as many as
fifteen to twenty people in this group. They would like to receive recommendations for the
conveners group from the Board
Mrs. McKenna voiced the concern that money being paid to the community, by Comcast, is
being paid as a result of the Town’s licenses. If we turn that over to a totally independent board
that has no accountability to the Town. Mrs. McKenna understands why the Committee wants to
set up a separate corporation; however she doesn’t want the committee to lose sight that the CAC
is an advisory committee to the Board of Selectmen. The Board has to have the ability to set
direction and be very involved. Mr. Becker responded that there are two ways that they can
accomplish that, a certain number of members of the Board of Directors will be under the boards
control, secondly the board can vote annually whether or not money goes to the corporation.
Mrs. Canale pointed out that having a separate corporation keeps the town out of liability issues.
As long as funding is based on the Boards approval they retain some control.
There was some question from the Board as to what the committee was looking for at tonight’s
meeting. Mr. Kennedy commented that he thinks the Committee is here before the Board not to
ask for approval, but to present a status report. Mr. Becker confirmed that was true. Mrs.
Krieger said we may not need to take a vote on anything but feels the Board should acknowledge
the fact that we support the sub committee going forward with these two parallel projects: one to
put a plan in place to provide coverage and second to begin the formation of an Access
Corporation. Mr. Kelley asked for the Committee to update the board after Labor Day. The
Committee agreed to do so.
Mr. Cunha addressed the Board and asked that the Board and the CAC consider an alternative
that will involve outsourcing the media center to a group of local experienced multi media
professionals whose objective is to provide public access that enables a vibrant diversity and
invites the community to express it’s creativity, explain it’s ideas, show it’s culture and it
embraces the individuals right to the freedom of speech. The team will support and promote
multi media productions with community driven content through education and training of
equipment and production assistance.
Mrs. McKenna is sure that since the Board has asked the CAC for some alternatives, the CAC
will be researching alternatives and will make a recommendation to the Board.
Selectmen’s Meeting – May 24, 2004
Lexington Center Art Walk
Karin Biow and Catherine Hunter of Muses’ Window are proposing an event called the
Lexington Center Art Walk. Ms. Hunter presented the proposal to the Board; she briefly
explained the activities that the committee hopes will take place during the event. The event will
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take place September 12, September 18 and 19 this will coincide the Annual Arts and Crafts
Fair sponsored by the Historical Society. The proposal included a list of special events,
questions and comments for the Board. The event has already received the endorsement of the
Center Committee, the Chamber of Commerce, the Cary Library and the staff of the galleries
throughout the center.
The Board suggested that the event coordinators get together with the Town Manager’s Office
who will put them in touch with the Town Officials they will need approval from. Once the
plans are set Ms. Hunter should come before the Board for final approval. All members of the
Board agreed that it sounds like a wonderful event.
Override Failure/Contingency Plan
Mrs. McKenna reminded the Board that Town Meeting voted to put at risk items from the Board
of Selectmen’s proposed budget. The Board needs to discuss how those changes will impact our
office and put appropriate planning in place for a failed override. Mr. Pagett suggested that the
Board not join the MAPC in the upcoming year. Mr. Kelley suggested to save money on
personnel each Board member could take a turn at doing the minutes.
Mr. Kelley asked what path the Board would be considering with respect to the library should
the override fail. The process for certification takes place in January so hopefully that will give
the Town time to find some alternative methods. There is a Board of Selectmen’s meeting on
June 9 in the event the Board needs to take any steps related to the override. Mrs. Krieger is
concerned about what will happen to the MIS department if the override fails. Their entire
expense budget is at risk and it’s not at all obvious to her how we would respond to a server
failure or how would we continue to have the production equipment available to maintain town
services. The Board will also have to discuss Lexpress whose funding is also at risk. Mr.
Hadley presented the Board with information concerning janitorial services in all town buildings
should the override fail.
Adult Day Care Fee Structure
Lauren MacNeil, Director of Social Services, presented the Council on Aging Boards
recommendation for revising the current fee structure for Adult Day Care. It will involve
increasing the participant’s cost as well as not accepting any new out-of-town participants.
Selectmen’s Meeting – May 24, 2004
The Board asked that the Board of the COA actively research whether or not there are
alternatives for Lexington residents for this program, what the costs would be and are we in fact
providing this service at the most efficient level. Ms. MacNeil said the COA has already done
that research and will be sending the information to the Board.
Mr. Pagett is in favor of moving ahead, adopting the new rates but asking the COA to look into
alternatives for the future. Mrs. McKenna is not comfortable adopting the fees, the COA Board
choose to ask Town Meeting to reduce the BOS expense budget, put it at risk, because we
couldn’t raise the fees sufficiently to cover this service. Yet here is the COA with a proposal that
basically would have given an additional nine thousand additional dollars, which could have
solved some of the Board’s budget problems. Mrs. McKenna wants to see a fee structure that is
only looking for the money the program needs at this time. Mr. Kelley stated that based on the
projected revenue based on the fee increase there are almost as many non-residents involved in
the program, as there are residents. He feels this puts the program at another risk if the non
residents are phased out and there isn’t sufficient market in Lexington to fill up those spaces the
per diem cost for client services is going to increase substantially. Ms. MacNeil acknowledged
that the COA would have to do a significant outreach within the town to find those in need of
their services.
Mrs. Krieger is prepared to approve the increased fee structure. She feels there is a range of
potential revenue depending on the clientele base. She feels it is a totally appropriate fee
structure. Mr. Pagett feels it is moving toward market rate. Mr. Kelley would like the Board to
put off a vote until they get more clear information and said he is more concerned with the per
diem cost that the Town is realizing to provide this service in relation to what the private sector
has to offer.
Mrs. McKenna does not feel the Board should be put in a position to take a vote on an issue they
do not have sufficient information on. She would like to give further thought to what an
appropriate increase would be. Mr. Kennedy is prepared to support this proposal, but he
certainly doesn’t object to looking into alternatives and feels services need to be investigated as
well as costs. Mrs. McKenna would like to defer the vote. She doesn’t feel prepared to make a
decision tonight. She further noted that the Board’s only responsibility is to ensure we raise
sufficient funds to cover the $16,000.00 that Town Meeting asked the Board to increase fees to,
the proposal in front of the Board does more than that.
Upon motion duly made and seconded, the Board voted 3 – 2 (McKenna, Kelley) to approve the
revised fee structure for Adult Day Care to be effective July 1, 2004.
Youth Services Council Charge
The Board was asked to adopt a charge for the Youth Services
Upon motion duly made and seconded, it was voted 5-0 to adopt the charge for the Youth
Services Council.
Selectmen’s Meeting – May 24, 2004
Sidewalk Permit
The Town Manager asked the Board for approval of the request of Candy Castle for a sidewalk
café permit.
Upon motion duly made and seconded, it was voted to approve the request from Candy Castle to
operate a sidewalk café from May 25, 2004 through September 30, 2004.
Consent Agenda
Use of Battle Green - Israel Bissell Ride
Upon motion duly made and seconded, it was voted to approve the use of the Battle green on
Sunday June 20, 2004 at 10:00 a.m. to begin the Israel Bissell Ride.
th
July 4 Carnival – Lions Club
Upon motion duly made and seconded, it was voted to grant a Sunday Entertainment License to
Fiesta Shows for the Lexington Lions Club Carnival on July 4, 2004, to be held on the Lexington
High School grounds.
Local Official Bond – Town Manager
Upon motion duly made and seconded, it was voted to set the following Local Official Bond
amount: Town Manager - $50,000.00.
Flag Lowering – James Ofria
Upon motion duly made and seconded, it was voted to ratify a poll vote taken on May 20, 2004,
to lower the Battle Green flag for James Ofria’s funeral on May 21, 2004.
Upon motion duly made and seconded, to the Board voted to adjourn at 10:55 p.m.
A true record, Attest:
Lori A. Manning
Clerk