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