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HomeMy WebLinkAbout2004-08-BOS-min Selectmen’s Meeting August 9, 2004 A regular meeting of the Board of Selectmen was held on Monday, August 9, 2004, in the Cary Memorial Library Meeting Room at 6:30 p.m. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley; Ms. Kramer, Counsel, Mr. Sullivan, Counsel; and Ms. Manning, Clerk were present. At the start of the meeting the Chairman announced that the Board would be going into Executive Session and would return to Open Session at 8:00 p.m. Upon motion duly made and seconded, it was voted by roll call Mr. Kelley, Mrs. Krieger, Mr. Kennedy, Mr. Pagett and Mrs. McKenna to enter into Executive Session for the purpose of potential litigation and contract negotiations, with the intent to resume open session at 8:00 p.m. The Board resumed open session at 8:00 p.m. Town Manager Resignation Upon motion duly made and seconded, it was voted 5-0 to approve the acceptance and signing of a Settlement Agreement and Mutual Release regarding the termination of the Town Manager’s employment. Board members made comments on why they intended to vote for or against the resignation. Upon motion duly made and seconded, it was voted 3-2 (Krieger & Kennedy) to accept Mr. White’s resignation. Mr. White read a prepared statement and then left the meeting. At this point Mrs. McKenna opened the meeting up for public discussion. She asked the audience to avoid personal attacks and to keep in mind that they are all one community, even though they may not share the same thoughts and ideas. Chief Middlemiss addressed the Board. He stated that the number of people in the room exceeds the maximum capacity for that room, and that those outside the room were having trouble hearing. A five-minute break was taken to see what could be done to accommodate the crowd. Meeting resumed and Mrs. McKenna announced that the meeting would be moved to the main floor of the library. The meeting was suspended long enough to move the camera and sound equipment to the larger area. Once the area was set up and the audience was in place the meeting resumed. Selectmen’s Meeting – August 9, 2004 Many residents took the opportunity to express their feelings in regard to the Town Manager’s resignation. Comments were made both in favor and opposed to tonight’s action. Many asked to review the Separation Agreement. Mrs. McKenna said copies of the Agreement will be available in the Selectmen’s Office in the morning. It will also be posted on the web. Mr. Kelley suggested the Board schedule a date to take further public remarks and discuss the appointing of an Acting Town Manager. Mrs. McKenna indicated she would make the arrangements and post a meeting. Upon motion duly made and seconded the Board voted 4 – 1 (Kelley) to adjourn at 10:40 p.m. A true record, Attest: Lori Manning Clerk Selectmen’s Meeting August 12, 2004 A regular meeting of the Board of Selectmen was held Thursday, August 12, 2004 in the auditorium of the Clarke Middle School at 7:30 p.m. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Mr. Lahey, Town Counsel, Attorney Kramer and Ms. Manning, Clerk were present. Mrs. McKenna began the meeting by setting some ground rules for the meeting. She reminded the audience of the guidelines for Civil Discourse observed by the Town. Next she opened the floor for public comment, there was none. Appointment of Acting Town Manager Mrs. McKenna explained that the Selectmen/Town Manager Act requires an appointment of an Acting Town Manager within seven days in the event of vacancy in the office of Town Manager. Mr. Kelley put forth a motion to appoint Assistant Town Manager Linda Vine as Acting Town Manager. Upon motion duly made and seconded, it was voted to appoint Linda Vine as Acting Town Manager. Mrs. McKenna thanked Ms Vine for taking on this role. Interim (Acting) Town Manager The Board reviewed a draft of the Charge Mrs. McKenna had prepared for the Acting (Interim) Town Manager Search Committee. The Board discussed the criteria for membership for the committee as well as the description of the committee’s charge. Upon motion duly made and seconded, it was voted to adopt the Charge as described in the draft. Upon motion duly made, it was voted to approve the five voting members of the committee be: two members of the Board of Selectmen Mr. Pagett and Mr. Kennedy; two former town wide elected officials, Mr. Fenn and Mr. Close; and a member of the TMMA Executive Committee, Mr. Manz. Upon motion duly made it was voted to appoint Deb Brown, representative of the Appropriations Committee, Evelyn Silber, representative of the Personal Advisory Board, and to ask a representative of the Capital Expenditures Committee for an appointee to act as liaison to the Interim (Acting) Town Manager Search Committee. Selectmen’s Meeting – August 12, 2004 Regular Town Manager The Board briefly discussed a search for the Regular Town Manager’s position. Ms. Vine would draft a job description for the position. Ms. Vine also suggested that the search committee and the Board define a skill set that will be required of the candidates. The possibility of using a search firm was discussed, but no decision was made. Resignation of the Town Manager The floor was opened to the audience to make comments or ask questions regarding the resignation of the Town Manager. Both Mr. Pagett and Mr. Kelley addressed the audience. Mr. Pagett told the audience there had been an irreparable breakdown in communication between the Town Manager and the Board. The manager was not supplying the Board with a complete accurate flow of information. Mr. Pagett gave a detailed explanation of an example regarding the proposed Opt Out Health Insurance Program. Mr. Kelley said there were a number of situations involving the Town Manager that were concerning to him. Both Mr. Kelley and Mrs. McKenna offered to meet with anyone who wanted to further discuss their decision to accept the manager’s resignation.. Citizens asked questions for over two hours regarding Mr. White’s resignation and the process that led to it. The questions were answered by different Board members. Citizens expressed opinions both in opposition to the decision and in favor of Mr. White’s resignation. Upon motion duly made and seconded, it was voted to adjourn at 10:40 p.m. A true record, Attest: Lori Manning Clerk Selectmen’s Meeting August 23, 2004 A regular meeting of the Board of Selectmen was held Monday, August 23, 2004 at 7:30 p.m. in the Selectmen’s Meeting Room. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms. Vine Acting Town Manager, Mr. Batt, Town Counsel and Ms. Manning, Clerk were present. Selectmen Concerns and Liaisons Mrs. Krieger informed the Board that a special meeting of HATS would be held on Wednesday, September 8 at 7:30 p.m. at the Lincoln Town Hall. The Massachusetts Defense Technology Initiative will present their proposal for potential expansion at HAFB. The expansion will enable Hanscom Air Force Base to accommodate additional military type research. Mrs. Krieger encourages Lexington residents to attend the meeting. Mrs. Krieger will update the Board on this matter at its next meeting. Mr. Kennedy asked the Board to authorize Mrs. McKenna to sign a letter to the Community Service Network to express Lexington’s interest in participating in the America Dream Down Payment Initiative program. ADDI is a federal down payment and closing cost assistance program administered locally by the Massachusetts Department of Housing and Community Development. Income eligible first time home- buyers can receive assistance with down payment and closing costs in the form of an interest free deferred payment loan. Mrs. McKenna commented that normally she would not ask the Board to vote on an item that wasn’t included in their packet for them to review prior to the meeting, however this item has a deadline of Friday, August 27, so if there is no objection she suggests it be added to the Consent Agenda. There was no objection from the Board. Mrs. McKenna also told the Board that the Town of Concord is hosting a forum for State Senate candidates and has invited local Selectmen to submit questions to be asked of the candidates. If any Board members have questions they would like to submit, they should forward them to the Selectmen’s Office. The Board discussed upcoming meeting dates. Mr. Kennedy is not in favor of weekly meetings. Mr. Pagett prefers weekly meetings, but suggest setting an ending time for each meeting. Mrs. Krieger agrees frequent meetings that end earlier are the way to go. Mr. Kelley suggested meeting every other Monday until the budget process begins, and then meet weekly. Mrs. McKenna will forward a list of future meetings for the Board to review. Public Safety Report Mrs. McKenna reported the Public Safety Staffing Report on tonight’s original agenda will be discussed at a future meeting. Selectmen’s Meeting – August 23, 2004 Lexington Center Art Walk Catherine Hunter presented an update regarding the Lexington Center Art Walk that is scheduled thth to take place September 11 through September 19. A total of 21 area businesses are participating. Nine musical performances are scheduled. There are open houses/open studios planned at the Munroe Center for the Arts and the Lexington Arts and Crafts Society. There will be demonstrations in a few of the galleries as well as painters “en plein air” at various locations. Advertising will appear in the Middlesex Beat, the Boston Globe Northwest Section and on the Town website. Participating businesses will have streamers in their window to identify them as part of the event. Ms. Hunter also requested permission to post sandwich board style signs with poster sand maps throughout the center. Mr. Kelley verified which pieces of town property they will be using for the art walk and asked if Ms. Hunter had received the required permits for their use. Ms. Hunter said she had gotten approval from Mr. White, if any further permits are necessary she will work with Ms. Vine to obtain them. Mrs. McKenna asked Ms. Hunter if she had asked the Historic Districts Commission permission for the signage. Ms. Hunter understood that the HDC had approved the use of the streamers to identify participating locations. Ms. Hunter reviewed the signs that will be on the sandwich boards. These boards would be located at Depot Square, outside Muses Window, and at the Lexington Arts & Crafts Society. Mrs. McKenna commented that the HDC doesn’t have jurisdiction on temporary signage, but Ms. Hunter should keep the HDC informed. Mrs. Krieger asked that wherever the signs are posted please be sure there is adequate accessibility. Ms. Vine suggested Ms. Hunter confer with the Commission on Disability. A list of performers will be supplied to the Town Manager and as long as they are listed they will not need individual permits. The Board thanked Ms. Hunter for her efforts and wished her luck with the event. Town Manager Search Interim Town Manager The Interim Town Manager Search Committee has scheduled its first meeting for September 7, 2004. Mr. Pagett has asked the Acting Town Manager to put together a job description that will be discussed at the committee’s first meeting. In the meantime Mr. Pagett and Mr. Kennedy will be meeting with members of the senior management team to get their input regarding what professional skill set they feel the Interim Town Manager needs to possess. Selectmen’s Meeting – August 23, 2004 Permanent Town Manager The board thinks they should wait until the interim committee is up and running before they decide how to go forward with the regular search. Mrs. McKenna reminded the community that the Board is looking for comments from the community as to who should serve on the regular town manager search committee. Mr. Pagett stated that he has been cautioned by members of the Personnel Advisory Board that the Board should not refer to the position as the permanent town manager. In labor law permanent has a meaning and it would be better to refer to it as the regular town manager. Mrs. Krieger asked if there were any plans to establish a committee to develop a process involving public input, and meetings with various organizations to determine what the community feels about qualifications and requirements for a Town Manager. Mrs. Elberger suggested that the Board is responsible for setting that process and they should not hand this responsibility over to a committee. Hartwell Avenue Comprehensive Service Plan Mr. Hadley was at the meeting to review the plan. He gave a brief overview of the service plan. The plan includes recommendations in the following areas: budgeting, operating improvements, field monitoring and reporting, and marketing. Mr. Hadley asked for the Boards comments and questions. Mr. Kennedy asked what the cost of processing the waste from Arlington. Mr. Hadley will get these numbers for the Board. Mr. Kelley stated he has been a real critic of the activities on Hartwell Ave. He said he was concerned by the request made during the FY 05 budget process to purchase a screener for this facility. He thought that request was premature seeing there had been no business plan established for the facility. He thinks this plan is a good first step toward building a business plan, as it identifies many issues. However he feels the Town needs a better understanding of the cost of operation. He feels the site has tremendous opportunity. Mr. Kelley appreciates the work that has gone into the plan so far. He thinks the Town has a resource that can serve the communities needs as well as the needs of surrounding communities. But further research needs to be done. Mr. Pagett feels the Board needs firmer numbers. In order for the Board to understand what is the best manner to move forward with this operation they need a much better sense of revenue, the expenses and the imputed costs. He asked Mr. Hadley to supply this information to the Board at a later date. Selectmen’s Meeting – August 23, 2004 Mrs. McKenna thinks this report is a really good first step. She stated that Sections 6 and 7 of the plan include a series of questions; Mrs. McKenna believes some of these questions should be answered within the business plan. Like Mr. Pagett, Mrs. McKenna doesn’t feel she has the information she needs to approve the plan. She feels step two of the report should include more refined numbers. Mr. Pagett asked if the Board would be suggesting a timeline for the report to be brought back to the Board. Mr. Hadley will give the Board a date at their next meeting. Marble Rock Cinema Entertainment Marble Rock Cinema has submitted an application for operation; the cinema has been operating without a license for several years. Mr. Pagett and Mr. Kelley questioned the amount of the payment submitted for the license. They felt the cinema should make payment for the four years they operated without the license. Upon motion duly made and seconded it was voted to approve the license under the condition that additional fees are collected. Rangeway Hearing for Special Permit with Site Plan Review LexHAB needs a special permit because it is Town owned property. The Board of Selectmen is the permitting authority for this application. The Board’s role is to ensure the plans submitted are in substantial compliance with the vote of Town Meeting. Marshall Derby was at the meeting to review the proposed plan. He said it is the same plan that was presented to the Selectmen in July 2003 and to Town Meeting in 2004. The plan provides for a two family dwelling to be constructed on Rangeway Ave. There is a provision that provides for no other construction on that site. The construction plan includes rebuilding 400 feet of roadway from James Street intersection. The Board discussed whether or not to include a restriction to the permit that would prevent future building on the site. Mr. Kennedy asked why this is necessary. Mrs. McKenna responded by saying that the Board is allowed to make such a restriction and she feels it is necessary to do it because Mr. Derby has already made this promise to the neighbors. Upon motion duly made and seconded, it was voted that it has been determined by the BOS that the site plan is in compliance with the 2004 Town Meeting vote. The Board of Selection approve the special permit. As a condition of the permit the Board of Selectmen memorialize the agreement made between LexHAB and the neighbors that no further building should be done on the four parcels that have been combined into one lot for this project. Selectmen’s Meeting – August 23, 2004 Town Hall Parking Plan Mr. Hadley presented the proposed Town Hall Parking Plan and space needs summary on behalf of the Parking Team. The Town Hall complex falls under the purview of the Historic District Commission. On August 9, 2004 the HDC approved the retention of the bill drop-off box in front of Cary Hall and keeping spaces for several police vehicles in the driveway between the Police Station and School Administration Building. The spaces that align with the front of the building will be restored with grass and the police spaces will be shielded with shrubs. The seven spaces that were added in the front of the School Administration Building will be reverted to grass. Also six permitted parking spaces on Fletcher Avenue will be moved into the Town Hall lot and the Fletcher Ave. spaces will revert to posted two hour parking. Once the team received HDC approval they made customer access a priority in deciding how to proceed. In comparison to the pre-library parking configuration the team recommends the addition of seven customer parking spaces including two-handicap space. The customer spaces are visible and strategically located for easy access to all four buildings (Cary Hall, the Town Office Building, the Police Station and the School Administration Building. The Board and Mr. Hadley discussed handicap spaces, employee parking and parking for committee members (volunteers). Mrs. McKenna suggested that the five spaces behind Town Office Building be designated as committee/volunteer spaces. Mr. Hadley responded by saying the Parking Team is leaning toward no assigned spaces. Mrs. McKenna urged the Parking Team to reevaluate their position on that subject because there is not enough customer parking. The Board agrees that the proposed plan is a good start however they would like the Team to further investigates handicapped parking, assigned spaces for volunteers and adding more customer parking. Alcohol Restaurant License Regulations Policy The Board discussed the third draft of the Alcohol Restaurant Liquor Regulations; the draft includes suggested changes from Palmer & Dodge. The Board discussed hours of operation, fees charged for licenses and compliance checks of the establishments. A few changes were recommended; the final draft of this regulation will be brought before the Board at it’s next meeting for a vote. Meeting Minutes Upon motion duly made and seconded, it was voted to approve the minutes for the March 23, 2004, April 7, 2004, April 8, 2004, April 12, 2004, April 14, 2004, May 3, 2004, May 5, 2004, May 24, 2004 and June 9, 2004. Selectmen’s Meeting – August 23, 2004 Consent Agenda Upon motion duly made and seconded, it was voted to disburse funds from the Tourism Gift Account to pay DNC expenses. Upon motion duly made and seconded, it was voted to sign the warrant for the 2004 State Primary. Upon motion duly made and seconded, it was voted to set the sum of the Bond of a local official bond for the Town Clerk at $85,000. Upon motion duly made, it was voted to accept the resignation of George Comtois from the Tourism Committee, effective immediately. Upon motion duly made, it was voted to approve the Acting Town Manager’s appointment of Kathy Litchfield to the Lexington Youth Council. Upon motion duly made and seconded, it was voted to sign the Order of Taking for Porter Lane and the Order of Construction for Laconia Street. Upon motion duly made and seconded it was voted to authorize the Chair to sign regarding Regional Transportation Funds. Upon motion duly made and seconded, the Board authorized the Chair to sign a letter to the Community Service Network regarding Lexington’s participation in the project. Mrs. McKenna informed the Board and the audience that the Goal Setting meeting scheduled for the following day is being cancelled. Upon motion duly made and seconded, 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 contract negotiations and potential litigation. Upon motion duly made and seconded, it was voted to adjourn The Board returned to open session to vote on the Comcast License Renewal. Upon motion duly made and seconded, it was voted 4 – 1 (Kelley) to sign the Comcast License as proposed. Selectmen’s Meeting – August 23, 2004 Executive Session Upon motion duly made and seconded, it was voted by roll call Mr. Kelley, Mrs. Krieger, Mr. Kennedy, Mr. Pagett and Mrs. McKenna to return to executive session for the purpose of discussing potential litigation. A true record, Attest: Lori A. Manning