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HomeMy WebLinkAbout2004-06-BOS-min Selectmen’s Meeting June 7, 2004 A regular meeting of the Board of Selectmen was held on Monday, June 7, 2004 in the Selectmen’s Meeting Room at 5:30 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. Comptroller Interviews The Board interviewed four candidates Linda Casey, Rita Negri, Shelia English and Dickinson Fowler for the Comptroller’s position. Each candidate was asked the following questions: 1.) With the committee you discussed dual reporting for the position. a. Describe how you see your role as comptroller? b. How would you keep the Board informed on financial issues? c. In what instances might you come to the Board for support? 2.) Describe the most challenging encounter you have had with the public and how you handled it? 3.) What traits do you look for when you hire new staff? Next each member of the Board had the opportunity to ask questions of the candidates. Finally the candidates were allowed to ask questions of the Board. At the conclusion of the fourth interview Mr. Kelley asked about the time line in the decision process. Mrs. McKenna reviewed the process. The next step is Mr. White will assemble information from the meetings that took place today and he will have that available for the Board on Wednesday. Mrs. McKenna and Mr. White will start the reference checking process Tuesday. Mrs. McKenna hopes that by Wednesday the Board will be able to discuss the candidates. Mrs. McKenna asked what else the Board needed from the Selection Committee. It was the committee’s understanding that they would select three finalists and then the Board would take over from there. Does the Board want the committee to have any further involvement in the process? Mr. Kelley would welcome any input the committee may have going forward, he is also very curious to hear from staff members who were involved in the interview process. Mr. Kennedy also feels it is very important to get input from the staff. He also thinks the reference check process is extremely important, he wants to be sure the information they are getting from the candidates is confirmed. Mrs. Battin feels that access to the reference check information would help the selection committee to make a well informed recommendation. Mrs. McKenna hopes the Board will be in the position to make an appointment at their June 21, 2004 meeting. The Board decided to have Mr. White invite the staff to the Wednesday meeting to participate in the discussion. After that meeting the reference checks will be done, next the committee would meet, and make their final recommendation. Selectmen’s Meeting – June 7, 2004 Mass Housing – Cutler Farms Mrs. McKenna had received a letter from Mass Housing asking for comments from the Town on the proposed housing project at Cutler Farms. Mrs. McKenna had asked Mr. White to find out what the usual procedure to respond is. Mr. White stated that the memo the Board had received from M. McCall-Taylor, Assistant Planning Director, outlined issues of concern for the boards, now the leadership of the two Boards must decide what comments they want to pass on to Mass Housing. All other procedures are outlined by the 40B process. Mr. Pagett asked at what time the town would no longer be bound by 40B requirements and restrictions. It is his understanding that the Avalon Bay Project will move the Town above the 10% requirement. Mr. White explained that once the Avalon Project is completely approved by the Zoning Board of Appeals and permits are issued the property could be considered to fulfill this requirement. Mrs. McKenna said she thinks the Board should notify Mass housing that Town Meeting did approve a project that will bring the Town beyond the 40B requirement and would hope not to have to approve any further 40B projects. Mrs. Krieger didn’t feel it would be appropriate to say we won’t be approving anymore 40B projects, but feels the Board should take advantage of the comment period. The Assistant Planning Directors’ memo indicates there are some serious issues with regard to access, a second exit and other fundamental planning issues that need to be addressed. Mr. Kennedy feels that the memo put together by M. McCall Taylor is sufficient response at this point and time. Mrs. McKenna suggested the Selectmen and the Planning Board review the memo and any other comments the Planning Board might have and put them into the form of a letter and then authorize the Chairman to sign it on behalf of the Town and send it out. The Board agreed with her suggestion. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a letter put together including the bullet points of the memo in conjunction with the Planning Board. Mr. Kelley requested that the Board get an update on the 40B rules. He is under the impression that if a community is in the active process of expanding it’s affordable housing inventory by a certain amount that it is entitled to a one year moratorium on applications. Because the Board was spending so much of tonight’s meeting interviewing, Mrs. McKenna had told Town Counsel that he didn’t need to come until 9:15 p.m. at that time we will ask him to update the Board on 40B rules. Lexington Unplugged Casey McCalduff and Jen Wilson presented the Youth Commission’s proposal for the Lexington Unplugged Program to the Board. The purpose of Lexington Unplugged is to raise awareness of how busy, stressed, complicated and disconnected some of today’s families are and to suggest they unplug their electronics and plug into each other. Selectmen’s Meeting – June 7, 2004 Lexington Unplugged will begin in the fall with an announcement of the program and will continue through the winter months until March. March will be designated Lexington Unplugged month. The highlight of March will be the designated Unplugged Day; the commission suggests it be Wednesday, March 16, 2005. The Lexington Youth Commission will be asking for support of the entire town, Selectmen, School Committee, Town Manager, school principals, religious leaders, sports coaches, committee chairs and most importantly parents. There will be no after school sports, no school activities, no town related meetings, no community or religious activities. The highlight for kids will be a no homework night for the entire school system. The School Committee has already approved the program and the proposed no-homework night. Members of the Board expressed their support for the program. They also suggested that the committee contact Hank Manz, President of the Town Meeting Member Association and get their commitment to the program also. Upon motion duly made and seconded, it was voted to support the program and declare Wednesday March 16, 2004 Lexington Unplugged Day. Recreation Committee Reappointment Upon motion duly made and seconded, it was voted to approve the Town Manager’s reappointment of Rick DeAngelis to the Recreation Committee. Board of Selectmen’s Summer Meeting Schedule The Board will be meeting on Wednesday, June 9 at 11:00 a.m., Monday, June 28 and Monday, July 12 at 7:30 p.m. During the month of July Mrs. McKenna will be arranging individual meetings with each selectman to discuss goals for the year. Executive Session Minutes Upon motion duly made and seconded it was voted 4-0-1(Mr. Pagett) to approve the executive session minutes from October 27, 2003, November 10, 2003 and November 17, 2003. Minutes Mr. Pagett questioned the wording of a paragraph in the minutes of April 28, 2004 he would like some additional time to review his notes before approving them. Upon notion duly made and seconded, it was voted 4-0-1 (Mr. Pagett) to approve the minutes of February 9, 2004. Selectmen’s Meeting – June 7, 2004 Upon motion duly made and seconded it was voted to approve the minutes of April 26, 2004. Period of Time for Lowering of Flag for former President Reagan Mrs. McKenna conducted a poll vote over the weekend to get the Board’s permission to lower the flag on the Battle Green for Former President Reagan. The flag lowering policy states that the flag is only lowered for one day, the day of the funeral. Because this is a very unusual circumstance, the president has declared a thirty-day mourning period, the Board needs to decide how long they want to leave the flag at half staff. Upon motion duly made and seconded, it was voted to confirm and ratify the Board’s poll vote and to leave the flag lowered for the thirty-day mourning period. Mr. Pagett asked if there were guidelines for the flag lowering policy. Mrs. McKenna stated there were guidelines, by order of the Board of Selectmen. Mrs. McKenna reported that The Policy Manual Committee is in the process of gathering copies of all of the Town’s policies and consolidating them into a single notebook. Then the committee will review the policies one by one, bring them to the Board to consider, ensure they are valid and suggest any recommended changes. The committee hopes that the Selectmen’s Operating Procedures will be the first to come for the Board’ s review. Selectmen Concerns and Liaisons Mrs. McKenna extended her sympathies to the members of the Sacred Heart Parish, who recently learned that their church would be closing. Mrs. McKenna reminded the Board that they had authorized a DNC Subcommittee of the Tourism committee. The subcommittee, with enthusiasm from the DNC committee, has th committed to having a reenactment on Sunday, July 25 at 1:00 p.m. It will be the same ceremony that is used on Patriots Day. The subcommittee will be coming to the Board’s next meeting with a request for use of the Battle Green for that purpose and also a request to set up a separate gift account for tourism. The account will keep funds separate for this event from the Liberty Ride funds. The celebration is being funded privately. Next Mr. Pagett asked about the impact the DNC will have on traffic in the area as well as emergency calls. He was curious as to whether or not the town will be receiving any kind of reimbursement from the DNC or the state for what is clearly going to be a much heavier than usual drain on our own police and fire. Selectmen’s Meeting – June 7, 2004 Mr. White answered that there will be no reimbursement for costs incurred due to the convention. He also reviewed problems the town will face. He will have Chief Middlemiss attend the next meeting to address those issues. Mr. Pagett asked if we should be planning for supplementary appropriations for police and fire overtime for next year. Mr. White said they are still trying to determine what kind of impact the convention will have on the town and in his presentation the Chief will review those issues. Mrs. McKenna commented that the fundraising efforts of the DNC subcommittee include raising funds for expenses incurred by the town for the reenactment. Mr. Pagett brought up an e-mail members of the Board had received that weekend regarding two Lexington families who were victims of rather nasty ethnic slurs. He stated on behalf of himself and the Board that this kind of behavior can’t be tolerated in Lexington, we are shocked that it has happened and the Board wants to extend to the two families involved assurance that they are welcome here and that this community will do everything it can to make sure they feel welcome here. The Article 40 Committee requests that there be two people recommended by the Selectmen who have an interest in noise and air pollution. Mrs. Krieger is interested and willing to serve on that committee. Mr. Pagett commented that the memo from Ms. Battin was asking for the recommendation of two selectmen, from which the moderator will choose one. Mrs. McKenna suggests that the Board make sure that the business interest is represented on this committee. Mrs. McKenna informed Ms. Battin that both Jim Wilson and Shawn Maloney are interested and willing to serve as business people who will be affected by these regulations. Then she asked if there was another selectmen who would like to volunteer to have their name put forth to be part of this committee, Mr. Kelley volunteered. Mr. Pagett asked where the interplay between the Article 40 Committee and the Board of Health. Mrs. Krieger feels that this will be part of the fact-finding process of the new committee. Consent Agenda Upon motion duly made and seconded, it was voted to approve the Elk’s request to use the Battle Green on Monday, June 14, 2004 at 7:00 p.m. for the annual Flag Day Ceremony. Upon motion duly made and seconded, it was voted to approve the request of the Minute Men to use the Battle Green on Tuesday, June 10, 2004 from 6:30 to 7:30 p.m., to have Fox news do some filming on the Minute Men. Upon motion duly made and seconded, it was voted to approve the request of the Air Force to use the Battle Green on Tuesday, August 3, 2004 at 9:00 a.m. for a Change of Command Ceremony. Upon motion duly made and seconded, it was voted to accept the resignation of Jane Gharibian from the Communications Advisory Committee, effective May 31, 2004. Selectmen’s Meeting – June 7, 2004 Upon motion duly made and seconded, it was voted to accept the resignation of Beverly Kelley from the Lexington Center Committee, effective immediately. Battle Green Guides Mrs. McKenna reminded the Board that Larry Whipple had resigned as the Director of Battle Green Guides this past spring. At that time the Board asked that it be referred to the Tourism Committee to think about what the best model for going forward with management of the Battle Green Guides would be. Kerry Brandin is here tonight to discuss what the Tourism Committee did in their process and what recommendation they are making to the Board. Kerry Brandin introduced herself to the Board. Last month The Tourism Committee set up a subcommittee to look into how to best manage the Battle Green Guides and make a recommendation to the Board of Selectmen. The subcommittee was composed of members of the Lexington Historical Society, Battle Green Guides as well as a representative from the Liberty Ride and general members of the Tourism Committee. Their recommendation is that Battle Green Guides become the responsibility of the Tourism Committee, reporting to the Board of Selectmen. The role of the Battle Green Guides will continue to be to welcome visitors and to provide introduction to the history and events that took place on the Battle Green. We would like to expand that role to include promotion of our Historical homes and museums, the Liberty Ride and commercial attractions. Recruiting and training will be the responsibility of the Liberty Ride Coordinator. The duties for the Battle Green Guides for the 2004 season will begin July 1. Battle Green Guides will be seasonal town employees and paid at the rate of $6.75 an hour. Battle Green Guides will still be authorized to accept unsolicited tips. The Committee recommends that the 2004 season be considered as a trial period for the new endeavor. As such, the Tourism Committee should have leeway to modify duties and schedules as circumstances dictate but not in a way that impacts the overall efforts to provide a quality experience for the visitor. Any major changes in the proposal would be presented to the Board of Selectmen for action. Mr. Pagett asked the opinion of the Guides in the audience. Mr. Scouler responded by saying he was on the subcommittee that helped write this proposal. He feels the Town needs to do something to enhance the whole effort on the Battlegreen. He is in favor of the proposal. Mrs. Brandin already has several candidates for the Battle Green Guide positions. She asked if the candidates have to be approved by the Selectmen. Mrs. McKenna responded by saying that if the Board chooses to approve this proposal tonight, at the June 21, 2004 meeting Mrs. McKenna will present a revised set of Rules and Regulations for the Battle Green Guides that will accommodate these new circumstances. Upon motion duly made and seconded, it was voted to approve the proposal. Selectmen’s Meeting – June 7, 2004 Mrs. McKenna also wanted the Board to be aware that the $750.00 in additional salary that will be paid the Liberty Ride Coordinator will be covered this year by this years remaining appropriation for the Battle Green Guides. Mrs. McKenna reminded everyone that the following day, June 8, 2004, is Election Day for the override and the Board urges people to take the time to vote. The polls will be open from 7:00 a.m. – 8:00 p.m. Mrs. McKenna asked Mr. Lahey about the affordable housing and the 40B, are there any legal grounds for the town to start using the fact that Avalon Bay has been approved by Town Meeting to deal with new applications for affordable housing. She asked Mr. Lahey to look into this and get back to the Board. Upon motion duly made and seconded, it was voted by roll call Mr. Pagett, Mr. Kennedy, Mrs. Krieger, Mr. Kelley and Mrs. McKenna to go into executive session for the purpose of discussing contract negotiations, land acquisition and litigation, with no intent to return to open session. Upon motion duly made and seconded it was voted to adjourn at 10:55 p.m. A true record, Attest:- Lori Manning, Clerk Selectmen’s Meeting June 9, 2004 A special meeting of the Board of Selectmen was held on Wednesday, June 9, 2004 in the Selectmen’s Meeting Room at 11:00 a.m. Mrs. McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Mr. White, Town Manager; and Ms. Pease, Executive Clerk were present. Comptroller Interview – Constance Voges The Selectmen asked Ms. Voges the following questions: 1. With the committee you discussed dual reporting for the position. Describe how you see your role as Comptroller? How would you keep the Board informed on financial issues? In what instances might you come to the Board for support? 2. Describe the most challenging encounter you have had with the public and how you handled it? 3. What traits do you look for when you hire new staff? The Board also asked several follow-up questions and Ms. Voges asked the Board a few questions. Impacts of Override Vote The Selectmen were extremely happy with the results of the override. They felt it was a message to the employees that they are valued. The Selectmen thanked the community for the support and for voting. They thanked the Town Clerk and all her staff for pulling off the election with no problems. Mr. Kennedy cautioned there is still a lot to do, including looking at the increasing cost of medical insurance. The Town Manager will start recruiting people for the new positions, will look at options for the grant writing position and get back to the Selectmen and will let the Board know when curbside yard waste pickup will restart. Discussion of Comptroller Candidates The Finance Group and Senior Management Team provided the Board with comments on the candidates. The Finance Group was most impressed with Constance Voges and then Sheila English. They felt it was very important for the candidate to have Massachusetts experience. The Senior Management Team was unanimous that Sheila English was the first choice and Constance Voges the second. The Comptroller Search Committee will meet next week after reference checks have been completed and then they will make their recommendation to the Board at its meeting on June 21. Selectmen’s Meeting – June 9, 2004 The Board discussed which candidates they should do reference checks on. It was decided that the three candidates from outside Massachusetts would not be advanced. The Assistant Town Manager will notify those candidates that they will not be advanced. Upon motion duly made and seconded, it was voted to authorize the Town Manager and the Board of Selectmen Chairman do reference checks on Sheila English and Constance Voges for the position of Comptroller/Finance Director. A summary of reference checks will be provided in the packet for the June 21 meeting so that the appointment can be made that evening. Board of Selectmen Retreat with Town Manager The Board has scheduled the following meetings off-site with the Town Manager and a facilitator: Tuesday, June 22, 5:30 to 7:30 p.m.; Friday, July 25, 1:00-3:00 p.m., and Wednesday, July 7, 8:30 to 10:30 a.m. for the purpose of team building and communications. Executive Session Upon motion duly made and seconded, it was voted by roll call vote to go into executive session regarding a litigation issue with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 12:30 p.m. A true record, Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting June 21, 2004 A regular meeting of the Board of Selectmen was held on Monday, June 21, 2004 in the Selectmen’s Meeting Room at 7:30 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. Upon motion duly made and seconded it was voted by roll call vote: Mr. Kelley, Mrs. Krieger, Mr. Kennedy, Mr. Pagett and Mrs. McKenna to go into executive session for the purpose of legal strategies with the intent to resume public session at 8:00 p.m. Open session resumed at 8:10 p.m. Public Comments Olga Gutag from the School Committee requested the Board’s help in clarifying the reporting process of the Permanent Building Committee. She suggested a meeting between the School Committee, the Permanent Building Committee the Town Manager, the BOS and Bill Kealy, the project manager. This meeting will be on the Agenda of the July 12, 2004 Board of Selectmen’s Meeting. Mr. White will invite all the necessary staff. Battle Green Guide Policy Mrs. McKenna reminded the Board that they had previously reviewed and recommended changes to the Policy for Battle Green Guides. The policy is now ready for approval. Upon motion duly made and seconded, it was voted 4 – 0 – 1 (Krieger abstained) to approve the Battle Green Guide Policy. Class II – A.E. Sales, Inc. Mr. Prete from A.E. Sales Inc. was before the Board to request a Class II to allow his company to sell used cars. Upon duly made and seconded, it was voted to approve the application and issue a Class II License to A.E. Sales, Inc. Selectmen’s Meeting – June 21, 2004 Veteran’s of Foreign Wars, Inc.- Liquor License Change of Manager and Change of Officers/Directors Mrs. McKenna invited the VFW to attend tonight’s meeting to discuss liquor license issues and neighbor complaints received by the Board about the VFW. The VFW is also requesting the Board approve their application for a Change of Manager and Change of Officers/Directors. The discussions between the Board and representatives of the VFW covered several topics; membership criteria, hours of operation, alcohol awareness training, the fact that the manager must be on the premises when alcohol is being served, the need for the Board to approve any assistant managers, ABCC regulations and the possibility of police details during functions in the rental hall as well as rules regarding guests at the club. Upon motion duly made and seconded, it was voted to approve Mr. Ed Fitzgerald as the new manager for the VFW. Next the Board reviewed the VFW’s application for a Change of Officers/Directors. The application is incomplete. The VFW needs to supply proof of citizenship for all parties listed on the application. Mr. Pierro, President of the VFW Post said that to be a member of the VFW you must certify that you are a US citizen and show evidence of service in a foreign war. Therefore, the members couldn’t be members if they weren’t citizens, this is all the proof of citizenship they had presented for several names listed on the application. Steve Curran a neighbor to the VFW asked the VFW to describe the definition of a guest he has questions about the criteria a person has to meet to be allowed in the club.. He feels the post is becoming more of a nightclub than a fraternal organization.. He also commented that the neighborhood has always had a good relationship with the VFW and hopes these issues can be resolved. Jill Jacobson another neighbor to the Post said she has observed women entering the bar. They were clearly not members and weren’t accompanied by a member. She asked the Board about noise restrictions especially late at night. The Board discussed each of these neighbors concerns. The VFW will make every effort to be sure the club operates within the law with as little disruption to the neighborhood as possible. Upon motion duly made and seconded, it was voted to allow the VFW until the end of the week to submit all information necessary. If the necessary information is not provided, the Board will vote on suspending the club’s liquor license. Selectmen’s Meeting – June 21, 2004 Comptroller Appointment Upon motion duly made and seconded, it was voted to offer the Comptroller position to Shelia English, terms of employment to be negotiated by the Town Manager and Chair. The Board thanked the Comptroller Search Committee for their efforts. Center Parking Fees and Plans Bill Hadley presented the following recommendations regarding parking fees and plans to the Board. Parking Meter Fees – No increase in parking meter fees or attended lot daily cash rates are recommended at this time. It was considered detrimental to Center Business because of the state of the economy and the vacancy rate. Upon motion duly made and seconded, it was voted to adopt this recommendation. Lease Fees – It is recommended that the lease fee at the Church of Our Redeemer be increased from $200.00 per space to $225.00 per space and enter a three year lease agreement effective July 1, 2004. Upon motion duly made and seconded, it was voted to adopt the recommendation to increase the lease fee at Church of Our Redeemer from $200.00 per space to $225.00 per space and enter into a three-year lease effective July 1, 2004. Permit Fees – It is recommended that annual permit fees be increased as follows; Depot Square Lot from $225.00 to $250.00 Church of Our Redeemer from $200.00 to $225.00 Fletcher Ave./Town Hall Lot from $200.00 to $225.00 The effective date of this change should have been February 15, 2004 and permit holders were notified of this possibility in renewal letters. In view of the fact that we are so far into the year, it is recommended the effective date of this change be July 1, 2004 and be prorated. The expectation of the increase of the annual permit fee is to use the increased revenue to identify specific parking lot enhancements and include these improvements in the FY2006 DPW budget to be funded from parking fee revenue. Upon motion duly made and seconded, it was voted to adopt the increases in permit fees prorated effective July 1, 2004. Parking Meter Hours – Increase the hours of parking meter regulation from 8:00 a.m. to 6:00 p.m. to 8:00 a.m. to 8:00 p.m. effective August 1, 2004 Selectmen’s Meeting – June 21, 2004 Upon motion duly made and seconded, it was voted to increase the hours of parking meter regulation as recommended. The Center Parking Team has been working with the Center Committee as they create a master plan to identify specific parking lot enhancements and include these improvements in the FY 2006 DPW budget to be funded from parking fee revenue. Tourism Gift Account The Tourism Committee is currently in the process of fundraising for events taking place when the DNC is in Boston in July. The committee would like the Selectman to create a Gift Account to accept donations that is separate from the Liberty Ride Account. Mrs. Krieger commented that she feels that this event has the potential of being a high risk event in terms of security. She is very interested in hearing from public safety about the risk. She wondered whether the town has the resources to accommodate it while at the same time providing the normal level of service to the community. Upon motion duly made and seconded, it was voted to open a Selectmen’s Gift Account to be used for donations received for the Tourism Committee activities planned when the DNC is in Boston. LexFest! Advertisement The LexFest Planning Committee has asked if the Selectmen would like to place an ad in the Program Booklet. Upon motion duly made and seconded it was voted to approve advertising in the LexFest Booklet with a full-page ad and a $150.00 donation. Meeting Minutes Upon motion duly made and seconded, it was voted 4 – 0 – 1 (Pagett abstained) to approve the meeting minutes with changes for February 23, 2004 and February 25, 2004. Upon motion duly made and seconded, it was voted to approve the minutes of March 8, 2004, April 28, 2004 and May 12, 2004. Selectmen’s Meeting – June 21, 2004 Consent Agenda The Temple Isaiah has requested the Board approve a one-day liquor license for wedding on August 8, 2004 from 5:00 p.m. to midnight. Mrs. McKenna pointed out that the Town’s Liquor Regulations permit serving alcohol until 11:00 p.m. on Sundays. She suggested that the Selectmen’s Office contact the Temple and ask to adjust the time. The item will be included on the next agenda. Upon motion duly made and seconded, it was voted to accept the resignation of Rev. Daniel Smith from the Housing Partnership Board, effective immediately. Upon motion duly made and seconded, it was voted to accept the resignation of Robert Phelan from the Building Advisory Committee, effective immediately. Upon motion duly made and seconded, it was voted to appoint Paul O’Shaughnessy to the Tourism Committee for a one-year term to expire September 30, 2005. Upon motion duly made and seconded, it was voted to appoint Marshall Derby and Donald Wilson to the Lexington Housing Assistance Board for a three-year term to expire May 31, 2007. Upon motion duly made and seconded, it was voted to allow wine at a reception for Jackie Davison on Monday, June 28, 2004 from 5:00 p.m. to midnight. Upon motion duly made it was voted by roll call Mr. Kelley, Mrs. Krieger, Mr. Kennedy, Mr. Pagett and Mrs. McKenna to go into executive session for the purpose of discussing Collective Bargaining with no intent to return to public session. A true record, Attest: Lori Manning Clerk Selectmen’s Meeting June 28, 2004 A regular meeting of the Board of Selectmen was held Monday, June 28, 2004 in the Selectmen’s Meeting Room at 7:30 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. Public Comment Mr. Tripi, precinct 8, expressed his concerns regarding the DNC Reenactment scheduled for July 25, 2004. He was concerned about cost and security. Mrs. McKenna responded by saying that the Tourism Committee has been working since the fall on activities to showcase Lexington during the DNC. The committee has been raising funds privately to pay for the reenactment. Mr. Tripi asked if this was a public event or was it specifically being done for the delegates attending the convention. Mrs. McKenna assured Mr. Tripi that the reenactment was a public non-partisan event. She also invited Mr. Tripi to stay for the presentation by the Fire and Police Chief at tonight’s meeting concerning issues of not only the reenactment but also the total impact the DNC will have on the Town. Mr. Sellers, 430 Concord Ave., informed the Board that he had recently been refused a building permit to demolish the porch on the front of his house. He said he was refused because of conservation issue, however he believes the porch is 200 feet out of Conservation jurisdiction. He would like the issue clarified by Town Counsel. He has turned the matter over to his attorney. He feels he is being harassed. Mrs. McKenna said she would be happy to look into the matter and then contact Mr. Sellers. Hearing - Liquor License Change of Manager and Officers/Directors-Veterans of Foreign Wars Mrs. McKenna reminded the Board that at their last meeting they approved the VFW’s Application for a Change of Manager. The new manager is Ed Fitzgerald. Tonight they had several other issues to address. The VFW still needs to submit Proof of Citizenship for a few of the people listed on the Certificate of Change of Directors/Officers required by the ABCC. Also the Certificate of Change submitted to the Selectmen’s Office didn’t match what was filed with the Secretary of State’s Office. Mr. Pierro, President of the Lexington VFW, submitted one of the missing Proof of Citizenship documents and Mr. Fitzgerald, manager VFW Canteen submitted a corrected Certificate of Change, which he has filed with the Secretary of State. Next Mr. Fitzgerald informed the Board that the VFW is voluntarily considering shortening their hours of operation. Mr. Pagett asked him to clarify what the hours would be, he also asked Mr. Fitzgerald if he would always be on the premises during those hours. Mr. Fitzgerald answered that either he or one of the club assistant managers will always be on the premises during those hours. Mr. Fitzgerald said the VFW had submitted a list of people they would like approved to Selectmen’s Meeting – June 28, 2004 be as assistant managers. Mrs. McKenna explained the process of authorizing people as assistant manager and reminded Mr. Fitzgerald that he is currently the only authorized manager. Mrs. McKenna also thanked the members of the VFW for their cooperation thus far and stated that the Board is trying to help the VFW operate within the context of the law. Mr. Currant, a neighbor of the VFW addressed the Board next, he had three concerns 1.) Although he understands that the hours of operation are somewhat governed by the ABCC, he wants to remind the Board to consider the VFW is located in a neighborhood full of children when setting the club’s hour; 2.) He has witnessed extreme misbehavior on the premises of the VFW and 3.) Even if these issues are resolved there is still the fact that the establishment is being run as a bar, not a fraternal organization. Mr. Pollins a VFW Post member and 44-year resident of Lexington spoke in support of the VFW. He reminded the Board that years ago the Town of Lexington, in appreciation for those who served our country, had donated the building and the property on which it stands to the organization. He also stated that the post couldn’t survive without operating the canteen. Mrs. McKenna made it clear that Mr. Fitzgerald and Mr. Pierro have been extremely cooperative in working to resolve the problems and both the Board and neighbors of the VFW appreciate that. In carrying out their duties as licensing authority, the Board had asked the police to check on the facility on several occasions, mainly to find out if neighbors complaints were exaggerated or in fact valid. The Chief of Police sent an e-mail to the Board indicating that on three occasions since June 23, 2004 the VFW operated with patrons and serving alcohol without the manager on the premises. This is of great concern to the Board Members of the Board voiced their concerns about the VFW Post operating as a bar, which is a violation of By Laws. They are concerned the facility is operating without a manager on duty and feel the complaints of the neighbors must be addressed. Mr. Kennedy feels that the VFW is trying to make some accommodations they are headed in the right direction and should be allowed more time. A suspension would be too drastic. Upon motion duly made and seconded, it was voted 4 – 1 (Kennedy) to suspend the VFW’s Liquor License until 7/12 /04. On or before 7/12/04 the VFW will submit documents required by the town and ABCC it will also submit a list of potential assistant managers for the Board’s approval. Mrs. McKenna asked Mr. Fitzgerald to turn in the license to the Selectmen’s Office. Selectmen’s Meeting – June 28, 2004 2020 Vision Committee Update Stacey Hamilton, a member of the 2020 Vision Committee presented an update to the Board. Since the joint board meeting last December preliminary “scoping groups” have come up with process ideas for beginning to address the issues identified during December’s meeting. Summaries of the scoping groups and their recommendations were included in the Selectmen’s packages for tonight’s meeting. The committee is now in the process of forming task forces to move forward with the following topics as identified by the scoping groups: 1. Forging Constructive Community Discourse 2. Strengthening Lexington’s Budget Process and Communications 3. Identifying Opportunities for Expanding Fiscal Choices 4. Increasing Regional Participation for Expanding Fiscal Choices 5. Fostering Economic Development Mr. Pagett is the liaison for this committee; he feels it is imperative that the Task Forces be broadly representative of the community. These are issues of concern to everyone in Lexington, however if the task forces work is to have credibility everyone needs to feel that their view points have been part of the process. Ms. Hamilton agreed and said that this is a focal point of the committee. Mr. Kennedy has a lot of questions; he will be talking to members of each of the scoping group. He thinks the ideas of the 2020 committee are excellent. Mr. Kennedy referred to the summary from the Economic Development Scoping Group and asked Ms. Hamilton to expand upon the part of the report that cited Lexington as being not considered a business friendly town. Mary Jo Bohart, who participated in that Scoping Group answered by saying that the town is perceived that way because businesses don’t have help through the system and they find the permit process can be a bit daunting. Mrs. McKenna encouraged residents to e-mail the Selectmen’s Office if they are interested in working on these committees. Mr. Pagett remarked that there are going to be five task forces and there are five selectmen. He suggested that the Board members, participate in some of these task forces as citizens, not as selectmen. Mrs. Krieger told the Board that she has always been very grateful to the 2020 Committee for always reaching out getting residents to participate and share their opinions. Selectmen’s Meeting – June 28, 2004 Democratic National Convention Impact Mr. White told the Board that both Chief Casey and Chief Middlemiss have been monitoring the planning for the upcoming Democratic National Convention and have begun to develop strategies for managing the impact that the convention will have in terms of the delivery of police fire and emergency medical services. Both chiefs feel the need to present the Board a mitigating response to some of the impacts that they believe the town will incur during the convention and will review that response and its cost implications. Both Chiefs presented their operation plans for the week of the DNC. The Board asked questions about the cost and the mechanics of the plans. Both plans included staffing and cost needs for the week of the convention as well as for the reenactment planned for July 25, 2004. Mrs. McKenna said the proposed public safety costs for the reenactment appeared excessive. Mrs. McKenna said they will work hard to do what is best for the town and will be back at the July 12, 2004 meeting to request authorization for use of the Battle Green. Alcohol Restaurant License Regulations The Board reviewed a draft of the proposed regulations. Mrs. McKenna suggested the policy be presented to the business community as well as the Center Committee for their comments. Mr. Pagett said he had already presented it to the Center Committee and they support it. The policy will be presented to the Board for another look after the changes are incorporated. Salary Transfers Mr. White informed he Board that each year salary transfers are made in June to cover the net effect of salary adjustments that became effective July 1, 2003. The distribution does not reflect st a dollar impact for wages. Wage increases are administered effective July 1. Each department manager is responsible for managing their budget throughout the fiscal year responding to the varying demands for service. Mr. White supplied the Board members with a memo from Budget Officer Michael Young explaining the adjustments. Upon motion duly made and seconded, it was voted 4 – 1 (McKenna) to approve transfers from account #10012502-51110 to the specified accounts. Reserve Fund Transfers Mr. White informed the Board that Reserve Fund transfers are needed for unexpected and unforeseen expenditure issues regarding the legal, unemployment insurance and elections programs. Selectmen’s Meeting – June 28, 2004 Upon motion duly made and seconded, it was voted 5 – 0 to approve Reserve Fund Transfers in the amount of $125,392 to account # 10015102 – 52110 Legal Budget and $24,600 to account 16201 – 51110 Elections. Selectmen’s Meeting Room Sound System Acting as the liaison to the Communication Advisory Committee, Mrs. Krieger asked that the Board not act on this until the end of the summer. At that time the CAC would like to work with the Town Engineer to write a set of specifications that would define what the needs are for the Selectmen’s Meeting Room and find needs that are compatible with those of the media center. Selectmen’s Office Structure In March a vote was taken to hire an assistant in the Selectmen’s Office, the vote included bringing the item back before the Selectmen at the end of the fiscal year for further discussion. The arrangement is working and the Board agreed for it to continue. Reappointments Upon notion duly made and seconded, it was voted to appoint Mary Gillespie, Henry Murphy and Charles Price to the Town Celebrations Committee for a three-year term to expire June 30, 2007. Upon motion duly made and seconded, it was voted to reappoint Paul Jenkins, Julie Miller and William Mix to the Town Celebrations Subcommittee for a one-year term to expire June 30, 2005. Upon motion duly made and seconded, it was voted to appoint Lynne Pease as Executive Clerk for the Board of Selectmen for a term of one year to expire June 30, 2005. Upon motion duly made and seconded, it was voted to reappoint Chief Chris Casey as the Keeper of Lockup for a term of one year to expire June 30, 2005. Executive Session Minutes Minutes upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes for March 8, 2004, March 15, 2004, March 18, 2004, March 31, 2004, April 14, 2004 and May 17, 2004 and 4 – 0- 1(Pagett) to approve the minutes of executive session minutes from September 22, 2003 and December 8, 2003. Selectmen’s Meeting – June 28, 2004 Future Meetings The next scheduled meeting is July 23, 2004. Regular Meetings of the Board of Selectmen Meetings have been scheduled for August 23, 2004 and September 13, 2004. A goal-setting meeting has been scheduled for August 24, 2004. Consent Agenda Upon motion duly made and seconded, it was voted to approve and sign a one-day liquor license for a Temple Isaiah wedding on August 8, 2004 from 5:00 p.m. – 11:00 p.m. Upon motion duly made and seconded, it was voted to set the Local Official Bond for the Revenue Officer at $190,000. Upon motion duly made and seconded, it was voted to transfer $4,644.52 from the Liberty Ride Selectmen’s Gift Account to the General Fund. Upon motion duly made and seconded, it was voted by roll call Mr. Pagett, Mr. Kennedy, Mrs. Krieger, Mr. Kelley and Mrs. McKenna to go into executive session for purposes of collective bargaining and potential litigation with no intent to return to open session. A true record, Attest: Lori Manning Clerk