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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 th 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 th 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. th 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 th, Board may need to meet on Monday, May 10 to discuss any last minute issues. Mrs. McKenna th 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 th 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 ththth 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