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HomeMy WebLinkAbout2004-07-BOS-min Selectmen’s Meeting July 12, 2004 A regular meeting of the Board of Selectmen was held Monday, July 12, 2004 at 7:30 p.m. in the Selectmen’s Meeting Room. Mrs. 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 Mrs. Fournier, Town Meeting Member, Precinct 8, asked questions regarding the 2005 Budget Summary. Selectmen Concerns and Liaisons Mrs. McKenna informed the Board that the Selectmen’s Office had received a complaint about background noise during the broadcast of the Selectmen meetings. Mrs. McKenna believes the noise is caused by the fact that the room does not have an appropriate sound system and there are fans operating in the room. Mr. Lahey informed the Board that the Superior Court motion for Preliminary Injunction in the Lexington v Cogliano, Commissioner Highway Department, had been denied. The judge ordered an expedited hearing and final decision for October 15, 2004. Mr. Pagett told the Board that the appointment of John Bartenstein to the Appropriations Committee caused a vacancy on the Water and Sewer Rate Study Committee. The Committee is well under way and is hopeful the appointment to replace Mr. Bartenstein will happen quickly. Mr. Pagett encouraged his colleagues to participate in one of the five task forces that 2020 was forming. The 2020 Chair would also welcome any input suggestions of people the Board felt would be appropriate members of the task forces. Mrs. McKenna told the Board that she and Mr. White had successfully negotiated an agreement with Shelia English. Ms. English will start her new position of Finance Director/Comptroller on August 2, 2004. Veteran’s of Foreign Wars, Inc. – Liquor License Change of Officers/Directors and Assistant Managers Mrs. McKenna began the discussion by thanking the VFW for their cooperation and reported to the Board that the VFW has submitted the full documentation necessary to submit the license for approval. Mrs. McKenna reminded the Board that it had suspended the VFW’s liquor license at a previous meeting. She asked the Board what their pleasure was at this time in regard to lifting Selectmen’s Meeting – July 12, 2004 the suspension. Mr. Pagett said if all of the paperwork had been submitted he thought the suspension should be lifted so the application can be forwarded to the ABCC. He reminded the representatives of the VFW that until the ABCC’s approval is issued the VFW is still unable to serve liquor. Next Mrs. McKenna told the Board that the VFW had submitted a list of names of people they are asking to be approved as Assistant Managers. Mrs. McKenna suggested that she and Mr. Fitzgerald, Manager of the VFW work together to prioritize the list and narrow it down to a smaller number. Once they have done that background checks will be done on the final list and the candidates will be submitted to the BOS for final approval. Mr. Pagett asked if the VFW still planned to limit its hours of operation. Mr. Fitzgerald responded that in order to set hours they have to have a license to do so. As soon as they have their license they will have a Board of Directors meeting and the hours will be discussed. Mrs. McKenna reminded the Board that they do not have the option of limiting the clubs hours, they can only ask the VFW to understand it has caused problems the way it has been operated in the past. She feels very confident based on her conversations with representatives of the VFW that they are equally interested in being good neighbors. Mr. Pagett asked counsel whether is it true that the Board has no leeway to adjust either the opening or closing times. Mr. Lahey responded that it is his understanding that if you are issuing a club license the hours of operation have to be until 11:00 p.m. Upon motion duly made and seconded, it was voted to approve the Change of Managers/ Directors application and lift the suspension of the all alcohol beverage license to the Veteran of Foreign War Post 3007. The Board Selectmen has asked the Town Manager to ensure that all clubs within the Town are operating within the regulations. Mrs. McKenna reminded the VFW representatives that if they were going to be serving food they will need a Common Victualler License, if they are going to have entertainment they would need an entertainment license. These licenses can be obtained through the Selectmen’s Office. Planning – Spring Marrett Road Town Meeting voted to approve the Patriot Partner project at the top of Spring Street. One of the provisions was that $100,000 was available to address traffic issues at Spring Street and Marrett Road. The Planning Board is suggesting that part of the $100,000 be expended on project planning and a neighborhood consensus building process around conceptual design alternatives. The Planning Board would have a role in this evaluation, along with the Public Works Department, Capital Expenditures Committee, Traffic Safety Advisory Committee and Board of Selectmen’s Meeting – July 12, 2004 Selectmen in considering the feasibility and priority of future expenditure for improvement of this intersection; and, that the CEC consider the inclusion of a capital improvement project item for Spring/Marrett/ Bridge in it’s next 5-year capital improvement budget. The Planning Board also suggested a strategy involving a meeting of a representative informal working committee to discuss improvements at this intersection. This working group would consider procurement of an engineering firm to prepare several conceptual design alternatives and facilitate a fully informed neighborhood and public discussion on improving this intersection. Finally this working group would assist in a public consensus-building process that ends up in a preferred conceptual alternative around which there is an agreement. Mr. Kelley informed everyone that he is a property owner at that intersection. In previous years funds had been made available for similar studies. He fully appreciates the difficulty in trying to address this intersection. He asked that considering that Route 2A is a state road has there been some consideration to whether proposed changes had the approval of the state. Mr. Kastorf responded by saying the three challenges at that intersection are neighborhood concern, money and the Commonwealth. The Commonwealth is reluctant to permit changes on this roadway that cost them money or slow down the flow of traffic on their road. A major challenge of this proposed group will be coming to a consensus with the Commonwealth. Both Mr. Kelley and Mr. Pagett suggest there be participation on the committee of business owners and residents of the area. Mrs. McKenna thanked the Planning Board for bringing this matter forward. She also agrees there should be resident participation in the process. Mrs. McKenna asked that once the committee has an initial plan they come back to the Board with a report and a request for a specific portion of that money. Mr. Kastorf asked the Board to recommend a liaison to work with the group. Mr. Kelley and Mrs. Krieger expressed interest in being part of the group. Mrs. McKenna will ask the Traffic Safety Advisory Committee Chair to suggest a representative for this effort. Appointment of Election Officers In the interest of full disclosure, Mrs. McKenna will not be voting on this matter, as her mother- in-law is a proposed officer, Mr. Kelley will also abstain as he also has a relative who is a proposed officer. Mrs. McKenna asked Mrs. Hooper, Town Clerk, if there are any restrictions to Mr. Diaz, a member of the School Committee being an officer. Mrs. Hooper said there was no such restriction. Mrs. McKenna informed the audience that Mrs. Hooper also has a niece that is a proposed officer. Upon motion duly made and seconded, it was voted 3-0 to appoint the Election Officers listed in the list of Election Officers provided by the Town Clerk for the period beginning September 1, 2004. Selectmen’s Meeting – July 12, 2004 Dissolve Youth Services Council Mr. Kennedy informed the Board that after further review of different models in other towns where the YSC has been operated and coordinated through Town Staff, it has been decided to make this an independently run council with a full-time youth services counselor that will be hired through the Town Manager. Upon motion duly made and seconded, it was voted to dissolve the Selectmen’s Youth Council adopted on May 24, 2004. Copacafe Sidewalk Permit Mr. White is asking the Board to approve a request he has received from the Copacafé for a sidewalk permit. Mr. Kennedy would like to get the input of the Commission on Disability before approving this request. It was agreed to defer the matter until Mr. Kennedy is able to get input from the Commission on Disability. Use of The Battle Green and Update – DNC Reenactment Mr. Shaw formally submitted a request to use the Battle Green for the Reenactment scheduled for Sunday, July 25, 2004. He also informed the Board that his committee has been successful in reaching their goal for funding of the event. The Oracle Corporation has pledged $50,000. to help fund this. He read a letter Oracle had sent along with their donation. Mr. Shaw gave a quick description of transportation services that will be offered for the event from both Alewife Station and local hotels. They are also working with safety officials to arrange for satellite parking. Chief Casey gave an update on the event from the perspective of the Police Department. He confirmed that the monies received so far are consistent with what the projects staffing costs will be. He also recommends the Board does not approve any vendor permits for that day. He also talked about parking restrictions. Chief Casey said the community outside the Battle Green area should not be affected by this event. Harrington and Clark Street from Raymond Street to Mass Ave. will be closed for most of the day; close to noontime Mass Ave and Bedford Street will be closed in the vicinity of the Battle Green. Mrs. Krieger asked what services had been eliminated from the original estimate. Chief Casey responded by saying they had refined personnel costs and minimized the cost of the library fencing. Upon motion duly made and seconded, it was voted to approve the request of the DNC Committee a Sub-committee of the Tourism Committee to use the Battle Green on Sunday July 25, 2004 from approximately 9:00 a.m. to 4:00 p.m., for an estimated crowd of ten thousand, using the same equipment that is used on Patriots Day. Selectmen’s Meeting – July 12, 2004 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of March 15, 2004, March 22, 2004, March 29, 2004 and May 17, 2004 with recommended changes. Executive Session Minutes Upon motion duly made and seconded, it was vote 4-0-1 (Mr. Pagett) to approve the executive session minutes of November 3, 2003. Upon motion duly made and seconded, it was voted to approve the executive session minutes of May 3, 2004 and May 5, 2004, with a change to the May 3, 2004 minutes. Consent Agenda Upon motion duly made and seconded, it was voted to have the Chairman sign a letter of appreciation to the Town of Concord in regard to the help of Tony Logalbo on the Comptroller Search Committee. Upon motion duly made and seconded, it was voted to reappoint Richard Canale and Jeanne Krieger as Lexington’s representatives to MAGIC until such a time as the Selectmen need to make any adjustments. Executive Session Upon motion duly made and seconded, it was voted by roll call Mr. Kelley, Mrs. Krieger, Mr. Kennedy, and Mr. Pagett and Mrs. McKenna to go into executive session for the purpose of contract negotiations with no intent to return to open session. A true record, Attest: Lori A. Manning, Clerk Selectmen’s Meeting July 26, 2004 A regular meeting of the Board of Selectmen was held on Monday, July 26, 2004 at 7:30 p.m. in the Selectmen’s Meeting Room. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Mr. White. Town Manager, Mr. Lahey, Town Counsel and Ms. Manning, Clerk were present. Executive Session Upon motion duly made and seconded, it was voted by roll call vote, Mr. Pagett, Mr. Kennedy, Mrs. Krieger, Mr. Kelley and Mrs. McKenna, to go into executive session at 7:30 p.m. for the purpose of discussing potential litigation and contract negotiations, with the intent to resume open session at 8:30 p.m. Open session resumed at 8:45 p.m. Public Comment Joyce Gillis asked the Board to consider writing a resolution to keep the Sacred Heart Church open. She stated that other faith communities in the town are offering financial support as well as writing letters to the Archdiocese. The Sacred Heart Parish would like to continue to be a positive force in the Lexington community. Mrs. McKenna told Mrs. Gillis that the Board usually did not react to such requests right away. But due to the time sensitivity of this matter she had drafted a resolution and passed a copy to each Board member for their review. Upon motion duly made and seconded, it was voted to adopt the resolution. Selectmen Concerns and Liaisons Middlesex Hospital Property Mrs. Krieger took the opportunity to discuss the Middlesex Hospital Property. She had attended a hearing of the Division of Capital Asset Management the previous Thursday night, to talk about the disposition and disposal of parcel 6, a seven acre parcel, 5 ½ acres are in Lexington and 1 ½ acres are in Waltham. Mrs. Krieger spoke on behalf of Lexington and recommended that the Planning Department and Planning Board’s concerns be adopted. Their concern was that a covenant be placed upon the auction documents that the existing RO zoning prevail. The DCAM accepted that covenant. A meeting earlier in the week with representatives of DCAM, attended by Mrs. Krieger, Stew Kennedy of the Conservation Committee, and Glen Garber Planning Director met with Representative Stanley, Representative Kaufman and two members from DCAM to talk about the overall parcel. The largest parcel is parcel 1, which is 54 acres. 47 of which are in Lexington. DCAM is currently operating under special legislation, which would allow them to Selectmen’s Meeting – July 26, 2004 dispose of this property by bypassing most of the existing regulations. This causes the threat that this larger parcel could be auctioned. The argument that Lexington made is that there has not been a planning process for the Middlesex property land. Lexington and Waltham would like the opportunity to develop a planning process and asked for a sufficient amount of time to put together a process, a committee from the two communities and to seek a consensus from the two communities for what the best use of the land would be. Subsequently representatives from Lexington met with the Mayor of Waltham who will be making a proposal to the Waltham City Council. Mrs. Krieger would like to come back perhaps at the August meeting with a recommendation as to who should be on that committee and to request a charter for that committee. July 25, 2004 - Reenactment Mrs. McKenna took a moment to talk about the re-enactment, which had taken place on Sunday, July 25, 2004. She felt it was a wonderful example of what can be accomplished when people work together. She thanked the DPW; the fire department, and the police department did a wonderful job. She gave special thanks to Jim Shaw and Laurie Atwater. She also pointed out that the reenactment would not have happened without the generous contributions from the Oracle Corporation, Avalon Bay, Patriot Partners, Mass Port and private citizens. Avalon Local Initiative Program Elizabeth Smith from Avalon Bay Communities addressed the Board regarding the Metropolitan State Hospital “Avalon at Lexington Square” project. One of the next steps is to confirm with DHCD the technical aspects of getting all the apartments that are to be affordable housing to count as such. To do this a LIP application must be submitted. Avalon Bay is asking that the Chairman sign the application as well as an endorsement letter to Mass Housing. Mrs. McKenna made the following comments on the endorsement letter, the draft letter sites a 55 and over component, Mrs. McKenna suggested this be removed from the letter so it is not flagged as a school related issue. She also feels it is important that the letter talks about the fact that a public transportation stop is being added to the property, that Avalon is financially contributing toward traffic mitigation and finally she would like to add that this is an example of how the town, state and a private developer can work together to provide affordable housing. Upon motion duly made and seconded, it was voted to add those changes to the endorsement letter and for the chairman to sign both the application and the endorsement letter. FY 06 Street Acceptance Schedule Mr. White supplied the Board with a time line for FY 06 Street Acceptance Schedule and explained that the time line was the normal sequence for this process. Mrs. McKenna asked if we notify residents that if they are interested in their street being accepted this is the timeline and the process they need to follow. Mr. White replied that the Town does not do a blanket notification instead they notify residents living on non-accepted streets of the schedule. Selectmen’s Meeting – July 26, 2004 Upon motion duly made and seconded, it was voted to approve the street acceptance schedule for FY 06. Liquor Regulation Policy The Board reviewed and discussed a draft of the Liquor Regulation Policy. Hours of operation were agreed upon. Mr. Lahey suggested that the closing time remain at midnight but the Board should give themselves some discretion by adding that the closing time will be midnight unless the Board elects to shorten the closing hours. The Board also discussed whether or not the Board wanted to change license fees. Mr. Kelley feels that fees should have a relationship to the cost of the service rendered and doesn’t believe that is the case currently. Mrs. McKenna commented that many communities use liquor licenses as an economic development incentive. The Board decided to survey surrounding communities as to how much they charge for Liquor Licenses. The policy will be forwarded to Palmer & Dodge for their review, the survey of surrounding communities will be done and the policy will come back to the Board for approval. Town Manager Reports Mrs. McKenna asked the Town Manager to update the Board on the status of the Business Plan for the Hartwell Avenue site and the parking in back of Cary Hall. Mr. White informed the Board that Mr. Hadley will be presenting a comprehensive business plan and set of regulations and standards for delivery of goods at the landfill particular to the composting operation at the next Board meeting. The parking plan will provide considerably more citizen parking spaces in and around the buildings with the employee parking located in out lying areas. Mrs. McKenna asked if the meter poles would be removed from the lot behind Cary Hall. Mr. Hadley responded that the poles would be removed if it was determined that there would not be metered parking behind Cary Hall. Mr. Kelley asked about accommodating mailboxes in the driveway of Cary Hall. Mr. Hadley responded that there has been no recent discussion about this and that there would be several safety issues to be addressed before that could happen. Consent Agenda Upon motion duly made and seconded, it was voted to accept the resignation of Jacqueline B. Davison as the League of Women Voters representative to the Lexington Housing Partnership Board effective immediately. Upon motion duly made and seconded, it was voted to accept the resignation of John C. Bartenstein from the Ad Hoc Water and Sewer Rate Study Committee effective July 1, 2004. Upon motion duly made and seconded, it was voted to appoint Anne Frymer as the League of Women Voters representative to the Lexington Housing Partnership Board, for a term to expire September 30, 2006. Selectmen’s Meeting – July 26, 2004 Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m. A true record, Attest: Lori Manning, Clerk