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2004-09-BOS-min
Selectmen’s Meeting September 13, 2004 A regular meeting of the Board of Selectmen was held Monday, September 13, 2004 in the Selectmen’s Meeting Room at 7:30 p.m. Chairmen McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms. Vine, Acting Town Manager; Mr. Batt, Mr. Lahey, Town Counsel; and Ms. Manning, Clerk were present. Public Comment Ms. Susan Elberger, 10 Ellison Rd. spoke about street resurfacing. Ellison Road has been prepared for resurfacing, however the resurfacing has not yet been done. She feels that too much time has passed between when the road was prepared and when it will be resurfaced. She suggests that contractors be given a time line to complete such projects. Selectmen Concerns and Liaisons Reports Mrs. Krieger updated the Board on the plans for the former Middlesex Hospital property. Parcel 6 of this property was recently auctioned for $1 million dollars per acre. DCAM is now anxious to auction Parcel 1 a 54 acre parcel with 47 acres in Lexington. DCAM has proposed a planning process that includes hiring a land planner and holding an auction. Limited housing will be allowed on the property and conservation land will remain as such. South Lexington residents are in agreement with this proposal. The entire process will take approximately one year; there will be 7-20 housing units. The auction will take place sometime between now and June 2005. Upon motion duly made and seconded, it was voted to support the proposal to work with DCAM during the planning process. Mrs. Krieger also updated the Board on the status of Hanscom Air Force Base. Mass DTI is currently working to keep the base open. In order to do so they will need to bring similar research activities from other bases to Hanscom. The plan includes 1.2 million square feet of additional office space, as well as a significant number of new jobs. Issues significant to Lexington are traffic implications; major enhancements would have to be made to the jug handle at Hartwell Ave. Road improvements would enhance opportunities for business on Hartwell Avenue. HATS is supportive of this proposal, feels local support is critical and is asking area towns to send a letter of support to Senator Kennedy’s office. Upon motion duly made and seconded, it was voted to authorize the chair to send a letter to Senator Kennedy and Mass DTI supporting the conceptual design with appropriate qualifiers. Mr. Kelley read a statement regarding his feelings toward the manner in which some citizens have reacted to the Town Manager’s resignation. Mrs. McKenna reminded the audience that the Board had scheduled a goal-setting meeting for Wednesday September 22, 2004 from 8:30 - 4:30, the purpose of the meeting is for the Board to discuss goals for the upcoming year and public comment will be limited. Selectmen’s Meeting – September 13, 2004 Mrs. McKenna also thanked Mike LaPierre of Comcast for the coverage he has provided of Board meetings the past several years. Mike will be leaving Comcast at the end of September. She asked the CAC find out how Comcast will be covering the community events and meetings through their contractual agreement. Mrs. McKenna reminded the board that the plans for the 40B project on Grandview Ave. are in the Selectmen’s Office for them to review. st Mrs. McKenna informed the Board that there will be an MMA joint conference on October 1 nd and 2boardmembers interested in attending should contact Lynne Pease. Mrs. McKenna also told the Board there will be an ABCC regional training seminar on the revised Blue Book and invited interested members of the Board to attend. Vinny T’s Liquor License – Change of Officers Attorney Farnsworth, representing Vinny T’s, came before the Board to request a change of officers for the business. Upon motion duly made and seconded, it was voted, contingent upon the Board receiving corrected paperwork to approve the application for a Change of Officers to the all alcoholic license for BUSA Restaurants 3 Inc. d/b/a as Vinny T’s of Boston. Public Safety Staffing Review Edith Flynn presented the Board with the Final Report of the Public Safety Review Committee. The report includes the committee’s assessment of the effectiveness of the Town’s current level for its public safety operations and recommendations for short and long term changes to the departments. The critical issues and recommendations identified by the report are a lack of understanding of police and fire department, identifying public safety needs as opposed to an a la carte range of services, critical needs exist in the combined dispatch, Lexington Fire and Police Departments, police and fire needs should be an integral part of the public discussion in the planning of new commercial and housing construction, creation of a permanent advisory committee on public safety, engage professional staffing deployment studies of the Lexington police and fire departments. Upon duly made and seconded, it was voted 4-0-1(Krieger) to accept the Final Report of the Public Safety Staffing Review Committee. Selectmen’s Meeting – September 13, 2004 Lexington’s Designation as a Heartsafe Community John Guida, Executive Director of the Metropolitan Emergency Medical Services Council and Derek Condon, Assistant Director of the MBEMSC made a presentation to the Board. Jane Franks who has headed the efforts to get Lexington designated as a Heartsafe Community, thanked several people in the audience for their efforts and donations. Ms. Franks gave a special thank you to Eric and Matt King who undertook a community service project to raise money for Automatic External Defibrillators for the Lexington Public Schools. VFW – Assistant Managers The VFW had submitted nine applicants they would like the Board to authorize as assistant managers of the canteen. All applicants have been reviewed and background checks done by the police department. Mrs. McKenna suggests that the Board appoint James Kennedy and Marianne Palmer as Assistant Managers. Mr. Kennedy is TIPS trained and Ms. Palmer lives across the street from the VFW. Mr. Fitzgerald was at the meeting representing the VFW, he would like more of the applicants approved. Upon motion duly made and seconded, it was voted to approve Mr. Kennedy and Ms. Palmer as Assistant Managers of the VFW. Communication Advisory Committee – Board of Conveners and Access Corporation Miriam Boucher represented the CAC. The CAC is here to ask the Boards approve to the Board of Conveners for Access Corporation charge and appoint proposed members. Ms. Boucher reviewed the four models the Board of Conveners would be choosing from when determining how to organize the Access Corporation. The four choices are; 1.) Town Department 2.) Town Initiated Non Profit Public Corporation 3.) Private for Profit Enterprise and 4.) Independent Non-Profit with 501 © 3 IRS Status. The CAC prefers the fourth option. The Board of Selectmen requested more data on why the Independent Non – Profit is preferred. Ms. Boucher reminded the Board that they have a “drop dead date” of 3/31/05 and the process must get under way as soon as possible. Upon motion duly made and seconded, it was voted 5 – 0 to adopt the Board of Conveners for Access Corporation Charge with the changes suggested by the Board of Selectmen and appoint the proposed members. Selectmen’s Meeting – September 13, 2004 Town Manager Search – Interim and Regular Mr. Pagett had given a comprehensive update on the Interim Search at last weeks TMMA meeting. He asked if any members of the Board had any questions. He also added that the ad for the position had been placed in the Boston Globe and the MMA, Town and Boston Works web sites. Upon motion duly made and seconded, it was voted to approve the Interim Town Managers Job Description with the changes recommended by the Board. Mrs. McKenna presented a proposed Town Manager Recruitment Process. The process will include a series of community meetings to give citizens the opportunity to help frame the criteria that should be considered when hiring a Town Manager. Mrs. Krieger suggested the BOS work with the 2020 Vision Committee to find facilitators from within the community. Upon motion duly made and seconded, it was voted to approve the Town Manager Recruitment Process. Alcoholic Beverage License Regulations Applicable to Restaurants Policy The Board reviewed the proposed regulations. They discussed whether or not restaurants with sidewalk cafes should be allowed to serve alcohol outside. That will be handled on a case-by- case basis as sidewalk permits are applied for. The Board reviewed the proposed fees for licenses. Upon motion duly made and seconded, it was voted to adopt the proposed Alcoholic Beverage License Regulations Applicable to Restaurants Policy. Upon motion duly made and seconded, it was voted to approve the One Hundred Dollar administrative fee due at the time an application is submitted. Upon motion duly made and seconded, it was voted 4 - 1(Kelley) to approve the cost of an All Liquor License to be Thirty-five Hundred Dollars. ($3,500.00) Upon motion duly made and seconded, it was voted 4 - 1 (Kelley) to approve the cost of a Wine and Malt Only License to be Twenty-five Hundred Dollars. ($2500.00) Annual Reappointments/Appointments Upon motion duly made and seconded it was voted to reappoint Charles A. Benson, Marion A. O. Cohen, Stacey A. Hamilton and Nancy A. Tentindo to the 2020 Vision Committee for a three- year term to expire September 30, 2007. Selectmen’s Meeting – September 13, 2004 Upon motion duly made and seconded, it was voted to reappoint Judith J. Uhrig to the Board of Appeals for a five-year term to expire September 30, 2009. Upon motion duly made and seconded it was voted to reappoint John T. Gilbert, Daniel A. Lucas, David Williams, Carolyn C. Wilson, and Martha C. Wood as Board of Appeals Associates for one-year terms, to expire September 30, 2005. Upon motion duly made and seconded, it was voted to reappoint David J. Buckowski, Jeanne Canale, Timothy Counihan, Michael B. Green and Edmond F. Vail III to the Communications Advisory Committee for a three-year term to expire September 30, 2007. Upon motion duly made and seconded, it was voted to reappoint David J. Buczkowski, William B. Simmons and Robert D. Warshawer as Fence Viewers for one-year terms to expire September 30, 2005. Upon motion duly made and seconded, it was voted to reappoint Jacqueline H. Ward to the Gammel Legacy Trust for a one-year term to expire September 30, 2005. Upon motion duly made and seconded, it was voted to reappoint Florence A. Baturin, Bob Bicknell, Mary S. Haskell. V. Arthur Katz, Ingeborg MacDougall and David Williams to the Housing Partnership Board for three-year terms to expire September 30, 2007. Upon motion duly made and seconded, it was voted 4-1 (McKenna) to appoint Ellen MacDonald to the Human Services Committee for a three-year term to expire September 30, 2007. Upon motion duly made and seconded, it was voted to reappoint Pamela Joshi, Steven B. Kelly, Mary M. Rommell, Russell K. Schutt and Christine Yedica to the Human Services Committee for a three-year term to expire September 30, 2007. Upon motion duly made and seconded, it was voted to reappoint Stewart G. Kennedy and Michael Tabaczynski to the Lexington Bicycle Advisory Committee for three-year terms to expire September 30, 2007. Upon motion duly made and seconded, it was voted to reappoint Frederic S. Johnson, Howard L. Levin, Daphne Politis and Jerome M. Smith to the Lexington Center Committee, for a three-year term to expire September 30, 2007. Upon motion duly made and seconded, it was voted to reappoint Alan R. Adolph, Molly Ferrante, Marion Kilson and Evelyn Weyl to the Lexington Council for the Arts for a three-year term to expire September 30, 2007. Upon motion duly made and seconded, it was voted to reappoint Julian Bussgang and Myla Kabat Zinn to the Noise Advisory Committee for a three-year term to expire September 30, 2007. Selectmen’s Meeting – September 13, 2004 Upon motion duly made and seconded, it was voted to reappoint William W. Barnes, Judith Minardi and Janet M. Perry to the Personal Advisory Board for a three-year term, to expire September 30, 2007. Upon motion duly made and seconded, it was voted to reappoint Chief Chris Casey, Cleveland M. Coats, Jr., Edith E. Flynn, William C. Hays and Gerald L. McLeod to the Police Manual Policy Committee for a one-year term to expire September 30, 2005. Upon motion duly made and seconded, it was voted to reappoint John Ayvazian, Kerry Brandin, Robert Morrison, Audrea Simpson, Zelda Sokal and David S. Tabeling to the Town Report Committee, for a one-year term to expire September 30, 2005. Upon motion duly made and seconded, it was voted to reappoint Sally Castleman to the Traffic Advisory Committee, for a three- year term, to expire September 30, 2007. Upon motion duly made and seconded, it was voted to reappoint James L. Jones and James C. Wood to the Tree Committee for a three-year term to expire September 30, 2007. Upon motion duly made and seconded, it was voted to reappoint Alan Fields to the Trustees of the Public Trusts for a six-year term to expire 2010. Class II License – Kip Farris Upon motion duly made and seconded, it was voted to approve a Limousine License to Kip D. Farris, 158 Maple Street. Proclamation – Constitution Week Upon motion duly made and seconded, it was voted to sign the proclamation, proclaiming rd September 17 through the 23 as Constitution Week Minutes Upon motion duly made and seconded it was voted to approve the meeting minutes (as corrected) for June 7, 2004 and July 26, 2004. Consent Agenda Upon motion duly made and seconded, it was voted to accept the resignation of Dan Fenn and Larry Belvin from the Ad Hoc Water & Sewer Rate Study Committee, effective immediately. Upon motion duly made and seconded, it was voted to accept the resignation of Rod Cole from the Senior Tax Deferral and Exemption Study Committee Study, effective immediately. Selectmen’s Meeting – September 13, 2004 Upon motion duly made and seconded, it was voted to accept the resignation of Steve Hurley from the Design Advisory Committee, effective immediately. Upon motion duly made and seconded, it was voted to ratify the poll vote to issue a common victualler license to Rancatore Ice Cream. Upon motion duly made and seconded, it was voted to ratify the poll vote not to allow an airplane to be moved from Hanscom to Grace Chapel. Upon motion duly made and seconded, it was voted to ratify a poll vote authorizing the Chairman to sign a Mass Housing Partnership Grant. Upon motion duly made and seconded, it was voted to approve and authorize the Chair to sign the Treasurers Bond. Upon motion duly made and seconded, it was voted to approve and authorize the Chairman to sign the Acting Town Manager Bond. 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 go into executive session for the purpose of discussing litigation. A true record, Attest: Lori Manning Clerk Selectmen’s Meeting September 27, 2004 A regular meeting of the Board of Selectmen was held on Monday, September 27, 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. Lahey, Town Counsel and Ms. Manning, Clerk were present. Selectmen Concerns and Liaisons Mrs. McKenna reminded the Board and the audience that the East Village Fair, the Fire th Department Open House, the 25 anniversary of LexPress, LexFest, the 20/20 Vision Kick Off thnd meeting and a ceremony by the 10 Regiment would all take place on Saturday October 2. Mrs. McKenna mentioned that the curbside leaf pick up schedule would appear in this weeks Minuteman. Mrs. McKenna also stated that three members of the Board of Selectmen attended an un-posted meeting of the Library Executive Committee. Next Mrs. McKenna told the Board that the Lexington Education Foundation has requested the Board sponsor a team for the Trivia Bee. She asked if the Board supported sponsoring a team, the Board did support this idea. Each member will individually pay $75.00 to do so. Avalon Bay has offered to schedule another tour of the property for the Board. Mrs. McKenna asked if anyone would be interested. Mr. Kennedy asked if any progress had been made since the last tour. Mrs. McKenna will find out and get back to the Board. Hearing Keyspan Grant of Location – Grant Street The Department of Public Works/Engineering has reviewed the petition, planned and order of Keyspan Energy Delivery for a Grant of Location to install approximately 120 feet of 6” gas main in Grant Street, from the existing 6” gas main in Grant Street at house #137 North to house #141. This work is necessary to provide service to the dwelling located at #141 Grant Street. A hearing is required and abutters have been notified. A Street Opening Permit is required prior to excavation. Since this petition appears to be in order, the DPW recommends that approval be granted. Upon motion duly made and seconded, it was voted to approve the petition of the Keyspan Energy Delivery to install and maintain approximately 120 feet of 6” gas main to Grant Street, from the existing 6” gas main in Grant Street at house #137 to house #141. Common Victualler License – Lexx Upon motion duly made and seconded, it was voted to approve the application and sign the Common Victualler license for Lexx, 1666 Massachusetts Avenue. Selectmen’s Meeting – September 27, 2004 Annual Appointments/Reappointments Upon motion duly made, it was voted to appoint Ann L. Gilbert to the Ad Hoc Water and Sewer Rates Committee. Upon motion duly made, it was voted to reappoint Lillian MacArthur to the Gammel Legacy Trust for term of one year, to expire September 30, 2005 Upon motion duly made, it was voted to reappoint Thomas Fenn Jr., William Hurley and David Williams to the Lexington Scholarship & Education Fund Board for one-year terms to expire September 30, 2005. Upon motion duly made, it was voted to appoint Abraham Shenker to the Lexington Bicycle Advisory Committee for a three-year term to expire September 30, 2007. Upon motion duly made, it was voted to reappoint Chief Chris Casey, Cleveland Coates Jr., Edith Flynn, William C. Hays and Gerald L. McLeod to the Police Manual Policy Committee for one-year terms to expire September 30, 2005. Upon motion duly made, it was voted to appoint Murthy Sudhir to the Traffic Advisory Committee, for a one-year term to expire September 30, 2005. Not Your Average Liquor License – Transfer from Copacafe Not Your Average Joe’s has requested a transfer of Copacafe’s liquor license. The Board and representatives from Not Your Average Joes discussed the opening date for the restaurant, seating capacity, hours of operation, and Town regulations for Assistant Managers and parking issues. Mr. Silverstein, representing the restaurant, gave a brief overview of the restaurants history and it’s success in other communities. The selectmen disclosed that in the information packet was a certificate for a free meal for each Selectmen. Upon motion duly made and seconded, it was voted to approve the application for the transfer of an All Alcoholic Liquor License from Copacafe to Not Your Average Joe’s, 1727 Massachusetts Avenue. Selectmen’s Meeting - September 27, 2004 Town Manager Search – Interim and Regular Interim Town Manager Search Mr. Pagett updated the Board on the progress of the Interim Town Manager Search Committee. The committee has identified three applicants they will invite in for interviews. The committee is asking the Board to decide whether or not the Interim Town Manager will be allowed to apply for the Regular Town Manager position. The Board discussed the risks and potential reward that would come of restricting candidates. Upon motion duly made and seconded, it was voted to restrict Interim Town Manager candidates from applying for the Regular Town Manager Position. Regular Town Manager The Board of Selectmen would like to invite the community to participate in framing the criteria that should be considered when hiring the new Town Manager. This is a unique opportunity for the community to hire someone who will provide leadership for the future and that leadership should reflect the views of the community as a whole. The Board has scheduled meetings for staff, elected officials and citizens to come and give their feedback. A member of the Personnel Advisory will facilitate these meetings. The following questions will be asked during each meeting. 1. What do you see as some difficult challenges that the town manager will face in Lexington? 2. What characteristics/qualities are “must haves” for the Town Manager to be successful in Lexington? 3. If you could share one important and informative thought or idea with the candidates, what would that be? 4. Describe the ideal background and experience for the Town Manager 5. In forming a search committee, what groups do you think ought to be represented? Mrs. McKenna encouraged citizens to participate in the process. Marrett Road/Spring Street Intersection Karl Kastorf, representing the Planning Board came before the Board to discuss a process for the Marrett/Spring/Bridge Intersection and too request that funds from the discretionary transportation mitigation fund from the Lexington Technology Park pay for the process. Mr. Kelley disclosed he owns property at that intersection. Selectmen’s Meeting – September 27, 2004 The Board discussed the many studies that have already been done for this intersection. Members of the Board expressed their concerns regarding spending further money on additional studies. It was decided that before investing money in another study a group of people with interest in this project should get together to determine where previous studies left off and how we should proceed from here. PILOTS Ms. Vine presented the Board with information pertaining to PILOT’s (Payment In Lieu Of Taxes). Mrs. McKenna asked for a listing of individual PILOT’s indicating which have written agreements with the Town and which do not. Mr. Kelley asked for a list of PILOT’s by category. Ms. Vine will get this in formation for the Board. Liquor Regulation Enforcement The Board reviewed the draft Alcohol Beverages Enforcement Policy. Recommendations for changes were made. The recommendations will be passed on to Town Counsel for its review. Use of the Battle Green – Tenth Regiment Foot The Tenth Regiment of Foot request permission to use the Battle Green on Saturday, October 2, 2004 from 3:00 p.m. to 5:00 p.m. They are also requesting permission to discharge several black-powder firearms during the demonstration. Upon motion duly made and seconded, it was voted to approve the request of the Tenth Regiment of Foot to use the Battle Green on Saturday, October 2, 2004 from 3:00 p.m. – 5:00 th p.m. for a demonstration of 18 Century Drill and history. Upon motion duly made and seconded, it was voted to approve the request of the Tenth Regiment of Foot to discharge several black-powder firearms during the demonstration. The Board requested that the Tenth Regiment of Foot notify LexFest organizers of its plans. Rangeway Special Permit The Board reviewed the Rangeway Site Plan Review prepared by Glenn Garber and reviewed by Palmer & Dodge. The site plan is in compliance with the Selectmen’s policy for granting special permits. Upon motion duly made and seconded, it was voted to sign the Special Permit with Site Plan Review for the Rangeway LexHAB Rezoning. Selectmen’s Meeting – September 27, 2004 Goal Setting Mrs. McKenna asked her colleagues to review the list of Goals & Priorities included in their packets tonight and be prepared to discuss the list at the Board’s next meeting. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes from April 26, 2004, June 7, 2004, June 9, 2004 and July 26, 2004. Consent Agenda Upon motion duly made and seconded, it was voted to approve a one-day liquor license to St. Brigid Parish for Saturday October 2, 2004. Upon motion duly made and seconded, it was voted to authorize use of the Battle Green by the Lexington Minutemen for a Change of Officers and the Installation of Officers Ceremony with th the firing of muskets on October 17, 2004 from 1:00 p.m. to 3:30 p.m. Upon motion duly made and seconded, it was voted to approve the use of the Battle Green for a Reenlistment Ceremony on October 1, 2004. Upon motion duly made and seconded, it was voted to authorize the Chair to submit payment of $11,310.00 for expenses relating to the reenactment on July 25, 2004 from the Selectmen Tourism Gift Account. Upon motion duly made and seconded, it was voted to ratify a poll vote taken earlier in the week authorizing painters from a class at Lexington Arts & Crafts Society to paint on the Battle Green Tuesday, September 25, October 5 and October 12 from 9:30 a.m. – 12:30 p.m. Upon motion duly made and seconded, it was voted to adjourn at 11:40 p.m. A true record, Attest; Lori Manning Clerk