HomeMy WebLinkAbout2003-03-BOS-minSelectmen's Meeting
March 3, 2003
A regular meeting of the Board of Selectmen was held on Monday, March 3, 2003 in the
Selectmen's Meeting Room at 7:30 p.m. Chairman McSweeney, Mr. Enrich, Mrs. McKenna,
Mr. White, Town Manager, Mr. Lahey, Town Counsel and Ms. Smith, Executive Clerk were
present.
Mr. McSweeney opened the meeting indicating it was a very happy occasion for Mr. Enrich.
Fellow Board members and the Town Manager spoke of his many accomplishments such as his
leadership on HATS, his successful efforts in bringing about a collegial, thoughtful long range
budgeting and planning process. Mr. Enrich thanked the Town Manager and his fellow
colleagues and indicated he would remain active while stepping back into the larger community.
Consent Agenda
Upon motion duly made and seconded, it was voted to approve the following water /sewer
commitments.
Commitment of water charges for town -wide billing 12/20/02 (cycle 01)
Commitment of sewer charges for town -wide billing 12/20/02 (cycle 01)
Commitment of water charges for town -wide billing 1/14/03 (cycle 02)
Commitment of sewer charges for town -wide billing 1/14/03 (cycle 02)
Commitment of water charges for town -wide billing 1/30/03 (cycle 03)
Commitment of sewer charges for town -wide billing 1/30/03 (cycle 03)
NSTAR Grant of Location — Homestead Street
$939,445.06
$1,704,893.38
$960,964.76
$1,456,714.59
$1,211,835.66
$2,040,024.03
NSTAR representative Maureen Carroll reviewed a petition to install approximately 15 feet of
conduit on Homestead Street to a two lot residential development on Edna Street, which is a
private way.
Upon motion duly made and seconded it was voted to approve the petition of NSTAR Electric to
construct, and a location for, a line of conduits and manholes with the necessary wires and cables
therein to be located under the surface of Homestead Street: Install conduit easterly on
Homestead Street @ Edna Street at pole number 72/7 a distance of 15 +/- feet.
Report of the Legal Services Review Committee
It was agreed that the report of the Legal Services Review Committee would be brought up at a
future meeting when all members of the Board would be present.
Selectmen's Meeting — March 3, 2003
Article 15 — Map 49, Lot 54 on Forest Street
School Committee member Tom Griffiths reported on the Committee's interest in the possibility
of acquiring the Christian Science Church building on Forest Street for a school administration
building. The Committee voted 4 -1 to pursue the matter further.
There was much discussion about the maintenance needs for the "White House ", the size of the
church building versus the needs of the community, use of the building in keeping with the
neighborhood needs, and parking and traffic concerns expressed by the neighbors.
Mrs. McKenna indicated that the School Committee has expressed a desire to take the next step
and get an appraisal of the value of the building. They are anxious to hear what the finance
committees have to say.
Upon motion duly made and seconded, it was voted to get an appraisal of the property from the
next appraiser on the list.
There was further discussion on the cost of repairing the school administration building and
Capital Expenditures Committee member Charles Hornig indicated that the CEC anticipates the
need to spend $250,000 on the building in one to two years.
Child Psychiatrist Tim Dugan spoke as a representative of a group of concerned parents and
professionals who are interested in the building for a teen center.
There was much discussion about the cost of the building and the fiscal concerns for the
foreseeable future. Chair of the Capital Expenditures Committee Shirley Stolz indicated her
committee decided 5 -0 that the Town is not ready to pursue it at this time; however the
Committee's minds are not closed on the matter.
Appropriation Committee Chair Deborah Brown indicated the AC has not taken a position on it
yet; however, Committee members showed very little or no enthusiasm in pursuing any action.
It was agreed by Board members that any further discussions on the matter should include the
Belfry Hill neighborhood.
Resignations /Appointments/Reappointments
The Board had received nomination letters from the Republican and Democratic Town
Committee Chairs for appointment of a Registrar of Voters representing their respective
Committees.
Selectmen's Meeting — March 3, 2003
Upon motion duly made and seconded, it was voted to reappoint Mary Abegg as a Registrar of
Voters for a three -year term expiring March 31, 2006.
Upon motion duly made and seconded, it was voted to appoint Ann Miller as a Registrar of
Voters for a term expiring March 31, 2004.
Common Victualler License — Marlbridge Ventures, Inc. d /b /a Rosie's Bakery
Upon motion duly made and seconded, it was voted to issue a common victualler license to
Marlbridge Ventures, Inc. d /b /a Rosie's Bakery.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
January 13, 2003.
Selectmen Liaison Reports
Mrs. McKenna mentioned a letter that was in the Selectmen's packets from RCN on all the work
they are doing. Mrs. McKenna suggested sending a letter of response to RCN indicating Board
members are hearing fairly consistently about citizens' frustration over RCN's failure to show
the Selectmen and School Committee meetings on a timely basis. It was agreed that the
Chairman would send such a letter to RCN.
Upon motion duly made and seconded, it was voted to adjourn at 8:35 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting
March 10, 2003
A regular meeting of the Board of Selectmen was held on Monday, March 10, 2003 in the
Selectmen's Meeting Room at 7:30 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna,
Mr. Kennedy, Mr. Kelley; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms.
Smith, Executive Clerk were present.
Chairman McSweeney opened the meeting and welcomed newly elected Selectman Peter Kelley.
Public Comments
School Committee member Tony Close reported that in February the Permanent Building
Committee voted to put a new Harrington School on hold because of a moratorium on State
reimbursement. The Legislature and Governor Romney has lifted the moratorium. Lexington
has been notified our projects are expected to be approved. The decision will be made at the end
of March. We are asking that the Board of Selectmen take action tonight and direct the PBC to
continue the process until we hear from the SBA.
There was considerable discussion among Board members about the advisability of proceeding
with the bidding process, have the construction documents in place, hold up on signing the
contract until approval is received from the State.
Upon motion duly made and seconded, it was voted 4 -1 (Mr. Kelley) that the PBC proceed with
the project as voted by the voters and further that we schedule a policy discussion on what
happens if we do not get approval for State reimbursement.
Verizon/NSTAR Grant of Location — Cliffe Ave.
Verizon representative Dan Fitzgibbon and NSTAR representative Tim McGonagle were present
to review a joint petition to install anchors and guys to support recently upgraded pole lines in
the Cliffe Avenue area. Board members expressed concern that the affected abutter was not
present for the hearing.
Upon motion duly made and seconded, it was voted to continue the hearing to March 24 at 7:00
p.m. at the National Heritage Museum.
Article Positions
Mr. McSweeney announced that the Conservation Commission and Capital Expenditures
Committee will be at the next meeting to review capital articles.
Mrs. McKenna expressed concern over the change in the override numbers that the Board voted
on. Mr. White explained that there has been a transfer of numbers from the at risk numbers to
the unemployment compensation number.
Selectmen's Meeting — March 10, 2003
Mrs. McKenna reviewed the three components of the Economic Development Office Budget;
one is the personal services and expenses of the economic development officer, one is the
Liberty Ride and one is $10,000 for signage. She indicated her hope that her colleagues would
support the signage component that had not been reflected in the numbers.
Mrs. McKenna reviewed several other concerns about the budget cuts: $13,700 from the Web
Site budget would strip all of the graphics; reconsideration of the decision on recycling, whether
the number is $22,000 or $36,000; cutting $16,100 from the budget for heat and utilities for the
Visitor's Center; a request from the Center Committee to reconsider the need for a part-time
DPW person in the Center. Mrs. McKenna also indicated that the hope is to cover the Liberty
Ride deficit by the time we get to Town Meeting and with that hope that the Board will consider
putting the Liberty Ride in place for the FY04 budget and not subject to the override.
It was decided to schedule a mini summit to discuss the items.
Lion's Club of Lexington, Inc. 4 th of July Carnival
Upon motion duly made and seconded, it was voted to approve the request from the Lions Club
to conduct its annual 4 th of July Carnival at the Center Playground on Wednesday, July 2 from
6:00 to 11:00 p.m., Thursday, July 3 from 6:00 to 11:00 p.m., Friday, July 4 from Noon to 11:00
p.m., Saturday, July 5 from Noon to 11:00 p.m. and Sunday, July 6 from Noon to 9:00 p.m.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the Executive Session minutes of
the meetings of November 18, December 17, 2002 and January 6, 2003.
Resignations /Appointments/Reappointments
Upon motion duly made and seconded, it was voted to appoint Jeanne Krieger as Lexington's
Selectmen representative to HATS.
Upon motion duly made and seconded, it was voted to appoint Peter Enrich to the 2020
Implementation Committee for a term to expire September 30, 2005.
Advanced Life Support Fees
Board members reviewed a request from Fire Chief Peter Torode in support of paramedic
coordinator Don Chisholm's recommendations to establish a base rate for Advanced Life
Support services.
Upon motion duly made and seconded, it was voted to approve the request from Fire Chief
Torode and establish a base rate for Advanced Life Support services at $625.00 plus mileage at
$12.00 per mile.
Selectmen's Meeting — March 10, 2003
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mr. Kennedy, Mrs.
Krieger, Mr. McSweeney, Mr. Kelley and Mr. White to go into executive session for the purpose
of discussing litigation and personnel matters with no intent of resuming open session.
Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting
March 17, 2003
A regular meeting of the Board of Selectmen was held on Monday, March 17, 2003 in the
Selectmen's Meeting Room at 7:30 p.m. Chairman McSweeney, Mr. Enrich, Mrs. McKenna, Mr.
Kennedy; Mr. White, Town Manager; and Ms. Smith were present.
Mr. McSweeney called the meeting to order and announced that the School Committee and
Finance Committees were present to discuss their various positions on the financial articles for
the upcoming Annual Town Meeting. With a quorum present, Committee Chair Shirley Stolz
called a meeting of the Capital Expenditures Committee to order and Committee Chair Scott
Burson called a meeting of the School Committee to order.
Consent Agenda
Upon motion duly made and seconded, it was voted to ratify a poll vote on a request from the
Arlington School for permission to use the Battle Green on Saturday, March 15 from 10:00 a.m.
to 11:3 0 a.m. to protest the war in Iraq.
Upon motion duly made and seconded, it was voted to approve the use of the Battle Green for a
Lexington Interfaith Easter Sunrise Service on Sunday, April 20, 2003 from 6:30 a.m. to 7:15
a.m.
Keyspan Grant of Location — Sanderson Road
Keyspan representative Harold Cooper reviewed the petition of Keyspan Energy Delivery for a
grant of location to install approximately 225 feet of 2" gas main in Sanderson Road to provide
service to 27 Sanderson Road.
Upon motion duly made and seconded, it was voted to approve the petition of the Keyspan
Energy Delivery to install and maintain approximately 225 feet of 2" gas main in Sanderson
Road, from the existing 4" gas main in Bryant, North to House #27.
Legal Services Review Committee
Mr. McSweeney read the charge given to the Legal Services Review Committee:
The Board of Selectmen's Legal Services Review Committee will review and analyze the
Town's recent legal activities in order to develop and solicit requests for proposals for legal
services from legal service firms to conduct and manage the Towns legal efforts. In addition the
Committee should determine if it is in the best interest of the Town to move forward with an
effort to solicit requests for proposals for legal services. The committee shall review proposals,
interview selected qualifying firms and report their findings to the Board of Selectmen with
recommended steps for action.
Selectmen's Meeting — March 17, 2003
Committee member Bill Dailey reviewed the findings and recommendations of the very active
and knowledgeable Committee to the Board of Selectmen in a report dated February 28, 2003.
Generally there are three areas where legal services are being directed: administrative, land use
and litigation. We were interested in trying to determine our feelings as to the quality, cost and
availability of service from Palmer & Dodge. And then we reviewed billing practices to see if we
felt whether there is sufficient information on the bills. Collectively we thought through whether
there should be a request for proposal sent out at this time. The billing should be more than
adequate for you to determine where the time is spent. We do feel Town Counsel should be
asked when service is costing substantial expense to the Town. Also, the Chairman should be
asking Town Departments about the status of legal matters so that you can control the expense to
some extent. At the same time the Town's position cannot be compromised. When a matter is
concluded, the total of that service should be available to the taxpayers, but only at the end of the
matter.
The quality of legal service that has been provided to Lexington has been excellent. With the
help of Mr. White and his intern we looked at the cost of the service and determined the cost per
hour is very conservative.
Perhaps Norman Cohen has spoiled us. Bill Lahey has a different specialty as a litigator. The
Committee does feel someone should be available in his absence and make the identity of the
associate known to you.
Finally, should we go out with a request for proposal? It was obvious. It would take a lot of
work to respond and might cause some unease. We do not think you would save any money if
you were to go out with a request. The bottom line is we do not favor going out for such a
proposal. I will leave you with these thoughts. The bills are driven by the amount of time. If
there is an indication that an individual land use or litigation matter is adding up, the Chairman
should speak to the Department Head.
Finally, in order to make certain that all members of the staff know who should be contacted in
Bill's absence, Bill should identify the associate. The Board has to be a little proactive.
Board members thanked Mr. Dailey and the members of the Review Committee.
Buffet
With a quorum present, Chair Deborah Brown called the meeting of the Appropriation
Committee to order.
Selectmen's Meeting — March 17, 2003
Policy Guidelines on School Construction Bidding Award
Mr. McSweeney indicated the matter is on the Agenda at the request of Mr. Kelley. The bidding
process has begun and bids are due by the end of April. The Manager has a 30 day window to
the end of May for an award of bid. Mr. McSweeney invited the Committees present to join the
discussion.
Mr. Kelley reported that since last Monday's Selectmen Meeting the bidding process has been
put into place. The general contractors' bids are due April 30. Last week there was concern
expressed about the school being available for occupancy for the start of the 2004 school year.
As I understand from the SBA all communities with projects in the pipeline will get a letter by
the end of the month. If Lexington does not get qualified for Harrington and we will not get the
50 %, then that will be a decision that the community will have to make and we will have a short
timeline.
Mrs. McKenna indicated a desire that the Board be made aware as soon as possible of the SBA
decision. Mr. Kelley indicated there are two steps involved: qualifying and the funding. The
issue is whether we qualify at the 50% expected reimbursement. I don't think the percent will
change. There is pressure to limit the number of projects.
Articles Position
Mr. McSweeney explained the planned process for discussion of the Warrant Articles. The
Board members will discuss Article 4 then open up discussion in Article 4 from the other
committees. Then we will discuss capital expenditures and the last thing there are some articles
we hope to get some information on.
Mr. Hornig indicated the Capital Expenditures Committee is looking to make a presentation this
evening. Mrs. McKenna felt she would like to hear from the Committee.
The Town's representative to the Minuteman School Marjorie Daggett indicated the $753,000
figure is not the Minuteman assessment. The new figure is $1,048,215. Mrs. McKenna
indicated the hope that Mrs. Daggett would take back to the Minuteman the feeling of the Board
that they should look at cutting back the assessment number.
Mr. Hornig indicated that one conclusion of the CEC is that there should be a reduction in short
term borrowing.
CEC Vice Chair Narain Bhatia reviewed the Capital Expenditures Committee projects that are
different from those on the Selectmen's list.
The School Committee voted unanimously to withdraw the Hastings Roof Repair under Article
11 in the amount of $88,000.
Selectmen's Meeting — March 17, 2003
After much discussion on each capital item, Board members voted to support the Landfill
Closure - $450,000, Fire Equipment - $327,390, Buckman Tavern Roof - $60,000, Cary Hall —
$150,000, ADA work at the Fire Station - $50,000, High School Acoustics - $1,500,000,
Diamond Gym Floor - $125,000, Harrington Gym Floor - $65,000. The Board did not take a
position on the Skyworker - $110,000 and the Town Office Lighting - $350,000.
Board members discussed restorations to Article 4. Mr. Kelley asked how much came in the
grant for the PAYT Coordinator position. Mr. White replied that there is enough accumulated
for a number of initiatives including the coordinator. There is enough to get him through this
year plus an additional $30,000.
Upon motion duly made and seconded, a vote to cut the Solid Waste Coordinator position was
defeated 2 -3 (Mr. Kennedy, Mr. McSweeney, Mrs. Krieger).
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. Krieger) to restore the weekly
recycling program.
Upon motion duly made and seconded, it was voted 3 -2 (Mr. Kennedy and Mrs. Krieger) to
restore the Website operations in the amount of $13,700.
Upon motion duly made and seconded, it was voted 3 -2 (Mrs. McKenna and Mr. Kelley) not to
support $10,000 in Article 4 for Tourism Committee signage.
Upon motion duly made and seconded, a vote to restore $55,000 for the Liberty Ride was
defeated 2 -3 (Mr. McSweeney, Mr. Kennedy and Mrs. Krieger).
Upon motion duly made and seconded, a vote to restore Visitor's Center Expenses in the amount
of $16,100 was defeated 2 -3 (Mr. McSweeney, Mrs. Krieger and Mr. Kennedy).
Article 16 Municipal Electric Utility Plant
Paul Chernick reported that the Committee is not asking the Selectmen to request any money
under Article 13. We don't want to indefinitely postpone the article but would like to reaffirm
the votes from the 1996 and 1997 Town Meetings and keep our options open.
Upon motion duly made and seconded, it was voted to support Article 13 without funding but to
reaffirm interest.
Selectmen's Meeting — March 17, 2003
Articles 12, 14 and 25 — DPW Operations Facility and Senior Center Facility
Paul Lapointe reported that the Committee supports the DPW move to Hartwell Avenue as a
strategy. The Committee has received 14 proposals in response to an RFI. Twelve of the
proposals propose some sort of residential development at 201 Bedford Street. We are asking
that the Board not take a position at this time. We would encourage you to think about not
indefinitely postponing Article 25. There is some support to adopt some sort of a resolution with
respect to this strategy.
Mrs. McKenna urged the Committee not to force a decision at this year's Town Meeting.
Mr. McSweeney disagreed with Mrs. McKenna. This is an opportunity to get a sense from Town
Meeting as to whether the Committee should continue down that path.
Mr. Lapointe indicated the need to do some site evaluation on 201 Bedford Street.
Article 16 Skate Park
Bob McConnell asked the Board to consider deferring taking a position on the Article until
March 26. We will be meeting with the Capital Expenditures Committee on the 24
Article 23 and 24 — Conservation
Conservation Commission Chair Joyce Miller reported on the three pieces of land under Article
23. The two -acre parcel on North Street should be protected, the large piece should not have
been in the Warrant and the Highland Avenue site is obviously a piece that should be in
Conservation. It is not a buildable lot.
It was felt that the Board would hold on a position on the three pieces and invite both the CoA
and LexHAB in regarding their possible interest in one of the pieces.
Article 21 — 40B Comprehensive Permit
Proponent of the Article Andy Friedlich reviewed the intent of the resolution, which is meant to
give guidance to the ZBA.
Board of Appeals member Judy Uhrig indicated the ZBA 40B Development on Lowell Street
decision is in litigation. The Board of Appeals feels that although the article is only a resolution
the Board of Selectmen might be sending a message to citizens that you don't trust a Board that
you appoint.
Use of Battle Green
Mrs. McKenna felt the Board is becoming inundated with requests to use the Battle Green. Mrs.
McKenna also indicated her desire that the Board take up the Battle Green regulations at a future
meeting.
Selectmen's Meeting — March 17, 2003
Upon motion duly made and seconded, it was voted to approve the request from the Waltham
VFW Ladies Auxiliary to use the Battle Green on Saturday, April 12, 2003 from 11:00 a.m. to
12:00 noon to show support for the President and all the troops preparing for war.
Upon motion duly made and seconded, it was voted 3 -2 (Mr. Kelley and Mrs. McKenna) that the
cash capital amount for this year not exceed $512,570.
A motion to cut the new position in the Conservation Office and the intern position in the Town
Manager's Office was not seconded.
Upon motion duly made and seconded, it was voted to adjourn at 11:20 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting
March 24, 2003
A regular meeting of the Board of Selectmen was held on Monday, March 24, 2003 in the
Library at the National Heritage Museum at 7:00 p.m. Chairman McSweeney, Mrs. Krieger,
Mrs. McKenna, Mr. Kennedy, Mr. Kelley; Mr. White, Town Manager; Mr. Lahey, Town
Counsel and Ms. Smith, Executive Clerk were present.
Verizon/NSTAR Grant of Location — Cliffe Avenue
Mr. McSweeney opened a continued hearing for a grant of location on Cliffe Avenue.
Verizon Representative Dan Fitzgibbon reported that he and NSTAR representatives went out
and met with abutters. The original petition is the only viable one. Mrs. McKenna indicated that
impacted abutter had called her and said she had met with you and although it is a huge
detriment to her property she understands that is the only solution.
Upon motion duly made and seconded, it was voted to approve the petition of Verizon N.E. and
NSTAR for permission to locate anchors, guys and other such sustaining and protecting fixtures
to be owned and used in common by the petitioners, along and across Cliffe Avenue at existing
pole number 120/1, located on the westerly side of Cliffe Avenue place a joint anchor and guy,
12 feet ( ±) west of pole number 120 /1. Also, at existing pole number 120/3, located on the
northwesterly side of Cliffe Avenue, place a joint anchor and hip guy, 6 feet ( ±) northwest of
pole number 120/3.
Appointment of Town Counsel
Upon motion duly made and seconded, it was voted to appoint the firm of Palmer & Dodge LLP
represented by William L. Lahey as Town Counsel for a term to expire March 31, 2004.
Sidewalk Cafe Permit
Mrs. McKenna asked Bertucci's Representative Rene LeBlanc to be particularly mindful of three
conditions: no blocking of sidewalk, trash be picked up and making sure that the chairs and
tables are taken in at night. Mrs. McKenna also asked that they not operate the sidewalk cafe on
Patriot's Day. Ms. LeBlanc agreed.
Upon motion duly made and seconded, it was voted to approve the request from Bertucci's to
operate a sidewalk cafe from April 1, 2003 through October 31, 2003 with the exception of
Monday, April 21, 2003.
Selectmen Liaison Assignments
Board members were given a list of liaison assignments they had agreed to since the election of a
new member.
Selectmen's Meeting — March 24, 2003
Conservation Commission Appointments
Upon motion duly made and seconded, it was voted to approve the Town Manager's
appointment of Stewart Kennedy and the reappointment of Joyce Miller to the Conservation
Commission.
Town Meeting Article Positions
Mr. McSweeney reviewed the restorations the Board voted at its last meeting.
Mr. Kelley indicated that he was prepared to support $450,000 expenditure to close the landfill
but he has learned that of that amount $200,000 is to accommodate the siting of a new building.
I am not interested in supporting that piece of the $450,000 request. I would like to split out 8i
and have it discussed at the same time as we talk about the DPW facility. Mrs. McKenna also
expressed concern that she was unaware of the $200,000 design money. Mr. White replied that
the Town specifically submitted a plan that gives us the ability to develop the site at a future
time.
Paul Lapointe will be bringing up the three articles regarding the Senior Center and DPW
facilities on Wednesday and that will be a good time to bring up the landfill closure.
Board members discussed Article 4. Mrs. McKenna felt the Board should wait to vote on the
Minuteman Voc number until they receive input from the Appropriations Committee. Mrs.
McKenna also felt that she is ready to support the rest of Article 4.
Mr. Kelley indicated he has been opposed to the payment in lieu of taxes in the water and sewer
enterprise funds for five years now. I hope this issue can be addressed. I just want to be up
front. For that reason I will not be in support of Article 4.
Mr. Kennedy also felt the Board should look very hard at PILOTS. I am prepared to address the
matter for the next fiscal year.
Upon motion duly made and seconded, it was voted 4 -1 (Mr. Kelley) to support Article 4 with
the exception of the line item for Minuteman Voc.
Mr. White indicated the Appropriation Committee will be making an amendment to reduce the
landfill appropriation of $7,400 and the weekly recycling of $36,760.
Upon motion duly made and seconded, a vote to support the Appropriation Committee approach
was defeated 1 -4 (Mr. McSweeney, Mr. Kennedy, Mr. Kelley and Mrs. McKenna).
Selectmen's Meeting — March 24, 2003
Mrs. McKenna indicated the Tourism Committee will be putting forth a motion that would
restore the Liberty Ride. One bit of information regarding the $20,186 deficit left over from the
'03 budget. We had been accumulating contributions. This afternoon we learned that one of the
generous donors made another $5,000 contribution and that will have covered that deficit. I
would ask the Board to support it with the understanding we protect the Town to a —0- again.
Dick Canale is going to make the amendment.
Mr. McSweeney indicated he had previously voted against the appropriation but hearing the new
information and if it does not cost the Town any tax money for FY04 I will be in a position to
favor the amendment.
Mr. Kennedy asked what degree of confidence the Committee has. Mrs. McKenna indicated
very high. There is a real effort and groups seem to be interested. We have an opportunity to
apply for a grant through the Visitors' Bureau. Mr. Kennedy indicated he originally supported
the Liberty Ride, then voted against it and we did come out okay this year.
Mrs. Krieger indicated it is highly unlikely I will support it. This is not the time to support the
Liberty Ride.
Board members felt they needed more information on 8a, 8i and 81.
Upon motion duly made and seconded, it was voted to not support Article 18, the Ledgemont
proposal.
Upon motion duly made and seconded, it was voted to adjourn to the first session of Town
Meeting at 8:00 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting
March 26, 2003
A regular meeting of the Board of Selectmen was held on Monday, March 26, 2003 in the
Library at the National Heritage Museum at 7:00 p.m. Chairman McSweeney, Mrs. Krieger,
Mrs. McKenna, Mr. Kennedy, Mr. Kelley; Mr. White, Town Manager; Mr. Lahey, Town
Counsel and Ms. Pease, Assistant to the Executive Clerk were present.
Article Positions
Article 26 — Election Reform
Donna Hooper reported to the Selectmen that the present list of appointed election
officers is not always enough to staff elections. The purpose of the article is to allow the Town
Clerk to make last minute election officer appointments when no other appointed election
officers are available.
Mrs. McKenna asked if it was possible to expand the election officer list to cover
shortages of workers at elections. Ms. Hooper stated that they had tried to expand the list, but it
still does not seem to be enough to cover elections, especially when we have so many election
workers working only '/z day.
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to support
Article 26.
Article 23c — Bedford Street Transfer
Joyce Miller spoke to the Selectmen about putting a conservation restriction on this piece
of land to protect the bike path and the brook area in the back corner. DPW storage would need
to be moved.
Article 23a — Highland Avenue Transfer
Upon motion duly made and seconded, it was voted to support Article 23a.
Article 23b — North Street Transfer
Parcel used to be a school. The land was transferred to the Town in 1995. Contains lots
of wetlands.
Joyce Miller spoke about the importance of protecting this piece of property because it is
a gateway into Lexington from Lowell Street and is a wildlife and flora refuge. Concerned about
traffic and accidents if the land is developed.
Marshall Derby, representing LexHab, is opposed to transferring the parcel to
Conservation. He spoke to the Selectmen about building a low and middle income housing for
individuals over 55. The entrance to the housing would be moved away from the intersection to
avoid accidents.
Selectmen's Meeting — March 26, 2003
Paul Lapointe, representing the Council on Aging, is opposed to transferring the parcel to
Conservation. This parcel is the 2nd choice of the CoA for a new senior center after the 201
Bedford Street site.
Mr. Lahey was asked to check the deed on this property to see what the land could be
used for. There were questions about whether it could be used for housing, senior center,
recreation area. Can it be transferred without Town Meeting approval?
Sandra Shaw, representing the Recreation Committee, stated that the committee had
voted to indefinitely postpone Article 8e and 8j. Regarding Article 16, the Recreation
Committee supports the article if the money comes from the tax rate, not if it comes from the
Recreation Enterprise fund. The Selectmen asked Mr. White to provide information on what
money is in the Recreation Enterprise Fund.
Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m.
A true record, Attest:
Lynne A. Pease
Assistant to the Executive Clerk
Selectmen's Meeting
March 31, 2003
A regular meeting of the Board of Selectmen was held on Monday, March 31, 2003 in the
Library at the National Heritage Museum at 7:00 p.m. Chairman McSweeney, Mrs. Krieger,
Mrs. McKenna, Mr. Kennedy, Mr. Kelley; Mr. White, Town Manager; Mr. Lahey, Town
Counsel and Ms. Smith, Executive Clerk were present.
Keyspan Grant of Location — Worthen Road
Keyspan Representative Harold Cooper reviewed the petition of Keyspan Energy Delivery for a
grant of location to install approximately 600 feet of 6" gas main in Worthen Road, from the
existing 4" gas main in Mass. Ave. This work is necessary to provide system reinforcement to
the distribution system and alleviate customer outages.
Mrs. McKenna inquired about the moratorium on recent paving. Mr. Hadley reported that the
recent paving was not at the Worthen Road intersection. Mrs. McKenna also requested that
certain requirements be put in the street opening permit.
Upon motion duly made and seconded, it was voted to approve the petition of the Keyspan
Energy Delivery to install and maintain approximately 600 feet of 6" gas main in Worthen Road,
from the existing 4" gas main in Massachusetts Avenue @ Worthen Road, northerly to the
existing 6" gas main in Worthen Road near Pole #345/12. It was further voted that the street
opening permit include the following requirements: Start date to be after April 21, 2003 and be
completed by June 15, 2003 and work to avoid the commuter rush hours.
Change of Liquor License — Cheese, Etc.
Cheese, Etc. proprietor Neil Kelly was present to answer questions pertaining to his request for a
change in the type of Retail Package Goods Store License from wine only to all kinds of
alcoholic beverages. Mr. Kelly explained that he has been asked by customers to stock specialty
beer and other specialty alcoholic beverages.
Mrs. McKenna indicated she has some concerns about an establishment selling sandwiches and
alcoholic beverages and also expressed concern about servicing customers staying at the hotel.
Mrs. McKenna indicated she has several questions of Town Counsel and would like to continue
the hearing. Mr. Kelly agreed to a continuation.
Upon motion duly made and seconded, it was voted to continue the hearing to Monday, April 7,
2003 at 7:00 p.m.
Center Clean Up/Beautification Day — Letter to Merchants
Upon motion duly made and seconded, it was voted to approve the Chairman sending a letter to
the merchants in the Center inviting them to participate in the Center Clean Up/Beautification
Day on Saturday, May 31 from 7:00 a.m. to 10:00 a.m.
Selectmen's Meeting — March 31, 2003
Selectmen's Gift Account — SCOLA Subscription
Communications Advisory Committee member Steve Ellis was present to request $1,680 from
the Selectmen's Gift Account for the annual subscription to SCOLA.
Upon motion duly made and seconded, it was voted to approve the request from the
Communications Advisory Committee to use $1,680 from the Cable Selectmen's Gift Account
for the annual subscription to SCOLA.
Conservation Commission Appointment
Upon motion duly made and seconded, it was voted to approve the Town Manager's
reappointment of Philip Hamilton to the Conservation Commission.
Use of Battle Green — Lexington Justice and Peace Committee
Mrs. McKenna expressed concern about the group using the Battle Green on an ongoing basis
particularly during the tourist season. Mr. Kennedy indicated his appreciation of Mrs.
McKenna's concern; however, he felt it is more a matter of freedom of speech. Mrs. Krieger felt
it was an appropriate use of the Green and would not suggest that they go to another site.
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to approve the request
from the Lexington Justice and Peace Committee to hold a one -hour peace vigil at 5:30 p.m. on
the Wednesdays in the months of April and May, 2003.
Article Positions
8a DPW Equipment — Upon motion duly made and seconded, it was voted to support the request
for $135,000.
8i Landfill Closure — A representative from Camp, Dresser and McKee was present to answer
Board members questions concerning the $450,000 request for the landfill closure that also
included site work for future use. Upon motion duly made and seconded, it was voted to support
the landfill closure request for $450,000.
81 Building Envelope Program — Mrs. McKenna indicated that although she was not
recommending funding this year, she expressed concern about the wiring in the Visitor Center,
which is a town -owned building, that is a potential safety hazard and hopes that it will be funded
next year. Upon motion duly made and seconded, it was voted to support the $260,180 request
that will include the $50,000 ADA work at the Fire Station.
Article 20 Amend Zoning Bylaw — Town Meeting member John Bartenstein and Lorraine
Fournier were present to answer questions concerning Article 20. Mr. Bartenstein said the
Planning Board had voted 5 -0 to support the article.
Selectmen's Meeting — March 31, 2003
Mrs. McKenna is concerned about the policy issues around window signs and around gas
stations being treated differently and would like those addressed at a future Town Meeting.
Upon motion duly made and seconded, it was voted to support Article 20.
Article 27 Accept MGL Chapter 40 establishing a Commission on Disabilities. Enablement
Committee members Sue Cusack and Chair Victoria Buckley were present to present their article
and answer questions from the Board members. Mrs. McKenna indicated her desire to establish
a Selectmen's Gift Account that would allow the Committee to accept gifts for funding without
establishing a Commission.
Upon motion duly made and seconded, it was voted 4 -0 (Mrs. McKenna abstained) to support
Article 27.
Article 4 Operating Budget — Mrs. McKenna expressed concern about issues such as the fact that
the Board has increased the budget by about $50,000 by adding back weekly recycling and the
MIS money and the need to honor the process by also reducing the budget by $50,000 in other
areas. Mrs. McKenna indicated that she and Mr. Kelley are prepared to make an amendment to
Article 4 to eliminate the Solid Waste Coordinator position. She hoped her colleagues would
support the amendment.
Chair of the Appropriation Committee Mrs. Brown indicated the Committee will be asking the
Moderator to not take up Article 4 again until next Monday night to allow the Committee to take
a position on the open items. Mrs. Krieger indicated she would certainly support waiting on
Article 4; however she could not support transferring funds within DPW because the solid waste
coordinator is essential for recycling and the Board has turned the idea of cutting the position
down on several occasions. Mr. Kennedy felt the position should be left in for this year. Mr.
Kelley felt it is right for the Appropriation Committee to object to the Board adding to the budget
and cutting the position would provide for a balanced budget. The decision lies with Town
Meeting and it is not inappropriate to let that take place.
Mr. White indicated he would have Mr. Beaudoin at the meeting Wednesday evening to give the
Board a sense of what would work and not work regarding grants and recycling.
Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk