HomeMy WebLinkAbout2002-06-BOS-minSelectmen's Meeting Minutes
June 10, 2002
A regular meeting of the Board of Selectmen was held on Monday, June 10, 2002 in the
Selectmen's Meeting Room at 7:30 p.m. Mr. McSweeney, Mr. Enrich, Mrs. Krieger, Mrs.
McKenna, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith,
Executive Clerk were present.
Reorganization of the Board
Executive Clerk Phyllis Smith opened the meeting. The first order of business is the election of
a chair.
Mrs. Krieger took a couple of minutes to comment on what the Board has accomplished during
her term as chair. The greatest is the manner in which we planned for our financial needs. It was
an open collaborative process that allowed us to plan to discuss issues to provide for consensus,
to assure no surprises. It helped us to look forward. What I would like to have handled better is
the open public session and to have been able to keep it from being intimidating and inhibiting
free speech.
Mrs. Krieger nominated Mr. McSweeney. There were no further nominations.
It was voted unanimously to elect Leo P. McSweeney Chairman of the Board of Selectmen.
Mr. McSweeney started the meeting by saying he appreciated all of the time and energy that
Mrs. Krieger has put in for the last two and a half years as Chair. All of the townspeople
appreciate volunteers. I would like to make a quick comment. It is obvious that I personally and
everyone here is proud to be a Selectman. It is a very special privilege to be Chairman of the
Board. I look forward to a successful upcoming year. I encourage participation of the
community to get as many citizens involved as we can.
Public Comments
Steve Tripi complained about TMMA looking for recruits for a yes vote on the referendum using
the School Department server. Mr. McSweeney said he would look into it and get back to Mr.
Tripi.
Consent Agenda
Upon motion duly made and seconded, it was voted to approve the request from the Lexington
Lodge of Elks and the Town Celebrations Committee to hold their annual Flag Day Ceremony
on the Battle Green on Friday, June 14, 2002 at 7:00 p.m.
Selectmen's Meeting — June 10, 2002
Cable License Transfer
Upon motion duly made and seconded, it was voted to approve the transactions in connection
with the change of control of the Town of Lexington's current cable television license from
AT &T Corp. to AT &T Comcast Corp.
Lions Club Carnival — Center Field Lights
Upon motion duly made and seconded, it was voted to approve the request from the Lions Club
for permission to extend the time for the baseball lights at the Center Playground on the five
nights of the carnival to 11:30 p.m.
Tourism Committee and Liberty Ride
Selectmen's Gift Account
Upon motion duly made and seconded, it was voted to open up a Selectmen's Gift Account for
the receipt of grant money and trust funds to be used for expenses of the Liberty Ride Pilot
Program.
Common Carrier License
Upon motion duly made and seconded, it was voted to approve the application and issue a
common carrier license to M & L Transit Systems Inc. for the Liberty Ride.
Resignation from Tourism Committee
Upon motion duly made and seconded, it was voted to accept the resignation of Ed Grant from
the Tourism Committee.
Shuttle Accessibility
Board members discussed a memo prepared by Palmer & Dodge concerning the legal
interpretation of the Americans with Disabilities Act as it relates to the Liberty Ride bus tour
system during its pilot operations this summer.
Mrs. McKenna explained that the buses for the pilot program are not accessible for wheel chairs.
The Committee met with Human Services coordinator Steve Baran to propose mitigating
measures to provide the Liberty Ride for a wheel chair bound individual. The bus company that
also provides Lexpress service will have a bus available upon 24 hours advance notice. In
addition, if someone were to come for the tour needing accessibility, we will have the means of
providing that accessibility by radioing the spare Lexpress bus.
Mr. Enrich felt it is the role of the Board of Selectmen to determine undue burden and if the
Board is satisfied to request a waiver of the accessibility requirement during the pilot program.
Before I can vote I have one question I really need to ask. What would it cost for the buses to be
fully compliant?
Selectmen's Meeting — June 10, 2002
Mrs. McKenna explained that the bus company would have to purchase two buses at a cost of
$80,000 each and further there is no way we could get the buses in a timely manner. The
Committee knew about ADA issues from the beginning but did not know about the
unavailability of accessible buses until recently.
Mr. White indicated that based on Palmer & Dodge's review the only way the Town could
qualify for a waiver would be through a request of undue burden . After the Board takes a vote,
Palmer & Dodge would prepare a waiver request that would state what the alternatives are that
are available, what the costs are and eventually what are the long -term options. The waiver
would be from the Department of Justice Regulations for the Pilot Program.
Mr. McSweeney felt he was ready to endorse a request for a waiver. Mr Enrich felt
uncomfortable but prepared to vote. Mr. Kennedy felt the waiver approach to be reasonable.
Mrs. Krieger felt prepared to proceed with the waiver application.
Upon motion duly made and seconded, it was voted to start procedures to acquire a waiver from
the Department of Justice Regulations.
Upon motion duly made and seconded, it was voted to request that the Town Manager, working
with Town Counsel, file a request for a waiver from the Department of Justice Regulations.
Appointments to Traffic Safety Advisory Committee
Upon motion duly made and seconded, it was voted to appoint Eric Zanin and Sheryl Tavilla to
the Traffic Safety Advisory Committee for terms to expire September 30, 2002.
PAYT Re- Implementation Parameters
Mr. White and PAYT Coordinator Mr. Beaudoin reviewed several re- implementation issues that
need to be addressed if the referendum vote reaffirms Town Meeting action.
Mrs. McKenna indicated she felt uncomfortable with staff taking an active role in the
information meetings. I also am not prepared to take a vote on a plan. What are the impacts of
not deciding today? If we vote on the 24 the program could be started July 15. Mr. White felt
if the Board makes a decision on the 24 it would be August 1 before we would start. Another
option would be September 1 but that competes with the opening of school.
Mrs. McKenna asked about the budget. How much outstanding from a dollar standpoint is there
in both tags and labels. What was FY03 budget projection and what would this kind of proposal
do to that? Mr. White replied that there is $122,000 outstanding. I don't have the information
tonight. It would impact the tax rate that we set in December.
Selectmen's Meeting — June 10, 2002
Mrs. Krieger commented on Mrs. McKenna's suggestion. I was pleased at the role the staff
plays at the public meetings. They have been very objective. Education of the public is critical
and the staff is doing a very important job by providing objectivity.
Mr. Enrich reminded the Board that if we were to delay re- implementation it would jeopardize
part of the $217,000.
Mr. McSweeney felt he did not want to see any material sent out until June 25. Mr. Hadley
estimated the cost of the mailing and printing would be around $6,700.
Mrs. McKenna indicated she is not going to be prepared to vote on the matter tonight. Mr.
Kennedy indicated he felt some stress to make a decision in such a short time but having said
that we have to go forward to take some preliminary steps in case of an affirmation of the Town
Meeting vote. Another option would be to defer for another year. The process has been too
short to get any real good feedback.
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to allow staff to go
forward in preparation following the re- implementation plan before us with the understanding
that the mailing not be sent out until after the election on the 24
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of
April 1, April 3, April 8, April 10 and April 12.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mr.
Enrich, Mr. McSweeney, Mrs. Krieger and Mr. Kennedy to go into executive session for
discussion of legal fees and litigation matters with no intention of resuming open session.
Upon motion duly made and seconded, it was voted to adjourn at 9:25 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting Minutes
June 24, 2002
A regular meeting of the Board of Selectmen was held on Monday, June 24, 2002 in the
Selectmen's Meeting Room at 7:15 p.m. Mr. McSweeney, Mr. Enrich, Mrs. Krieger, Mrs.
McKenna, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith,
Executive Clerk were present.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mr.
Enrich, Mr. McSweeney, Mrs. Krieger and Mr. Kennedy to go into executive session to discuss a
matter of land acquisition with the intent to resume open session at 7:30 p.m.
Public Comments
TMMA Chair Andy Friedlich spoke of his concern about the Chapter 40B permit process going
forward on Lowell Street. I feel that there is a difference between development going on at the
edge of Town than in a residential area. We may as a community want to set up a committee to
go forward with guidelines that the Board of Appeals could use in the future. One category
would be the preservation of open space. The Board of Appeals might want to get their own
appraisal. Also the Board could find funding for an appraisal.
Mrs. McKenna indicated they have not chosen to go for another separate appraisal. We gave
them an indication that we would make funding available. The higher the land cost, the more
they can justify. I would prefer not to see their hands tied because of lack of funding.
Mr. Enrich felt he would expect that if they in order to do their job well needed the kind of
financial assistance that would be involved in doing an appraisal they would come to this Board.
I suggest we give them a phone call. My feeling is that we wait and have them come to us.
Mr. McSweeney indicated he will give a call to the Chairman of the Board of Appeals.
Perry Pollins asked what right the School Committee had to deny land for a new senior center
and why are the costs of legal services increasing yearly.
Mr. McSweeney explained that the School Committee has jurisdiction over the land that was
being proposed for the senior center. Mr. McSweeney indicated he would get back to Mr.
Pollins concerning the cost of legal services.
Consent Agenda
Battle Green Guide License
Upon motion duly made and seconded, it was voted to issue a Battle Green Guide License to
Alexander Maslow.
Selectmen's Meeting — June 24, 2002
Battle Green Survey
Upon motion duly made and seconded, it was voted to ratify a poll vote for permission for the
Lexington Historical Society to survey the Battle Green using ground penetrating radar to
identify archeological artifacts.
Tourist Shuttle Fees
Upon motion duly made and seconded, it was voted to approve the tourist shuttle fees of $10.00
for adults and $5.00 for children 5 to 17 years and children under 5 free. Half price tickets will
be available for Lexington residents at the Lexpress office.
Tourist Shuttle Program Coordinator Marsha Traber reviewed the details involved in starting the
Tourist Shuttle Program on July 8.
Mr. Enrich expressed the hope that the program would be monitored very closely. Mr. White
assured the Board that he had met with Mrs. McKenna and they are developing a process that
will enable the Board to receive on an ongoing basis a comprehensive coordinated record of the
program.
Mr. McSweeney thanked Mrs. Traber and members of the Committee and said he hoped the
Town has a very successful pilot program.
Keyspan Grant of Location — Concord Avenue
Keyspan representative Harold Cooper reviewed a petition to install 2700 feet of 4" gas main in
Concord Avenue from Waltham Street westerly to Old Shade Street. Board members were told
that the paving of Concord Avenue would not take place until after the gas main is installed and
that home owners in the area would be given an opportunity to hook up.
Upon motion duly made and seconded, it was voted to approve the petition of the Keyspan
Energy Delivery to install approximately 2700 feet of 4" gas main in Concord Avenue, from the
existing 4" gas main at Waltham Street westerly to Old Shade Street.
NSTAR Grant of Location — Marrett Road
NSTAR Representative Maureen Carroll reviewed the petition for NSTAR Electric to install
approximately 15 feet of conduit under the surface of Marrett Road to provide electric service for
the new traffic signals installed as part of the Route 2A upgrade.
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 Marrett Road. Install conduit underground on
Marrett Road, northeasterly @ Massachusetts Avenue a distance of 15 feet at pole #193/129.
Selectmen's Meeting — June 24, 2002
Recognition of Officer Lester Baker
State Representative Jay Kaufman read a proclamation from the House of Representatives
honoring Officer Lester Baker for his award from MADD (Mothers Against Drunk Driving).
Chief Casey and many officers of the Police Department joined the Board and all those present
in giving Officer Baker a standing ovation for his outstanding work.
Library Banners
Library Foundation Chair Bill Dailey said he has come with a lot of good news with regard to the
Library Project. The construction is on schedule. The remodeling will be at a stage where
everybody can come there and see it ready for occupancy by late Spring or early Summer. The
budget will hold true and the fund raising is at $3.4 million with $600,000 to go. The money
from the State is coming in and there is a great deal of enthusiasm within the members of the
Library staff It is our plan in the fall to have a general town -wide effort to raise the remaining
funds. We are hopeful that the Board will allow us to keep the banners in place until the end of
the year. They have stood up well.
Mr. McSweeney thanked Mr. Dailey for taking charge of the effort. Mr. Dailey said it has been
a wonderful committee.
Upon motion duly made and seconded, it was voted to approve the request from the Library
Foundation to leave the banners up until December 31, 2002.
Tree Planting — Daughters of the American Revolution
Lexington DAR President Ellen Houlihan spoke of discussions with Superintendent of Parks
Dave Pinsonneault about planting a tree on the Battle Green as one of the projects of the DAR
this year.
Board members discussed the possibility of planting the tree at another location and Mrs.
Houlihan said they would be willing to do that and would work with Mr. Pinsonneault to find
another location.
Upon motion duly made and seconded, it was voted to endorse the DAR's plans to plant a tree at
a location agreed to by Mr. Pinsonneault that is not on the Battle Green.
Communications Advisory Committee
Communications Advisory Committee Member Dave Becker reviewed a request from the
Committee to approve the release of up to $50,000 of cable related funds over the next couple of
years to hire a consultant to assist the Committee in their consideration of whether or not to
Selectmen's Meeting — June 24, 2002
recommend that the Town create a non - profit organization to produce and distribute the Town's
public, educational and governmental Access programming, and possibly other activities
beneficial to the Town. The hiring of the consultant is the first of a two -phase proposal. The
Committee will be back to report on the next phase.
Upon motion duly made and seconded, it was voted to approve the use of cable funds to pursue
the advisability of Access programming.
COA Siting Committee
COA Chairman Don Graham reviewed a status report on siting a new senior center dated June
20, 2002. The Committee would like to take another look at North and Lowell Street as a
fallback site to the Bedford Street site. The COA is having a hearing with the neighborhood on
Thursday.
After much discussion all Board members agreed that the Board would not take any action at this
time.
Center Revitalization Committee
Co- Chairs of the Lexington Center Revitalization Subcommittee Jerome Smith and Sheila
Watson reviewed a report on the activities of the subcommittee, the results of a survey they
conducted and suggested recommendations resulting from the survey. The recommendations
include: a center maintenance person from the DPW staff, proposing to look at small restaurant
limited alcohol licenses to be served with food; make the permitting process easier for
businesses, e.g., don't couple usage and parking together; establish a joint task force review of
permitting process and come out with some kind of guide; ask Selectmen to bring together a
center focused committee summit to come up with a vision for downtown Lexington; and
include the Revitalization Committee in the process of hiring an Economic Development Officer.
There was much discussion among Board members about the recommendations and it was felt
felt it would be a good idea to discuss some of the suggestions further at the goal setting session
scheduled for July 23.
Year End Salary Transfers
Upon motion duly made and seconded, it was voted to approve the following year end salary
transfers: Board of Selectmen $5,595, Town Manager $12,620, Finance $48,950, Town Clerk
$6,860, Economic Development $3,080, Police $192,000, Fire $45,000, Community
Development $21,850, Lexpress $6,000, Public Works $34,000, Council on Aging $1,500 and
Library $25,000 totaling $402,455.
Selectmen's Meeting — June 24, 2002
Reserve Fund Transfers
Mr. White reviewed three requests for transfer from the Reserve Fund to be brought to the
Appropriation Committee on Thursday.
Mrs. McKenna said she had a problem with the Liability Insurance account. We went out to bid
in November. If we knew about it in November it was not unexpected. When Article 5 was
being considered at Town Meeting this was not mentioned.
Mrs. McKenna and Mr. Kennedy indicated they would like to see some detail with the fourth
quarter bill for legal services.
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to approve Reserve
Fund Transfer Requests for Legal Budget in the amount of $100,000, and Liability Insurance
$40,000.
Upon motion duly made and seconded, it was voted to approve the Reserve Fund Transfer
Request for Veterans' Benefits in the amount of $9,750.
Economic Development Update
Joe Marino reviewed his tenure as the first Economic Development Officer and gave some
observations for the Board to think about in looking for a successor.
Ambulance Fees
Chief Peter Torode reviewed ambulance base rates charged by Lexington in comparison with
five other towns.
Upon motion duly made and seconded, it was voted to approve the recommendation of the Fire
Chief to increase the rate to $375.
Resignations /Appointments/Reappointments
Communications Advisory Committee
Upon motion duly made and seconded, it was voted to accept the resignation of Jennifer Taub
and appoint Dave Buczkowski to Communications Advisory Committee for a term to expire
September 30, 2004.
Upon motion duly made and seconded, it was voted to appoint Connie Rawson as the Network
Administrator.
Selectmen's Meeting — June 24, 2002
Historic Districts Commission
Upon motion duly made and seconded, it was voted to accept the resignation of Jeffrey Denzak
as an Associate Commissioner of the Historic Districts Commission.
Hanscom Field Advisory Commission
Upon motion duly made and seconded, it was voted to reappoint Peter Enrich as Lexington's
Representative and Michael Barrett as the Alternate Representative to the Hanscom Field
Advisory Commission for terms to expire June 30, 2005.
Keeper of the Lockup
Upon motion duly made and seconded, it was voted to reappoint Police Chief Chris Casey as the
Keeper of the Lockup.
Executive Clerk
Upon motion duly made and seconded, it was voted to reappoint Phyllis Smith as the Executive
Clerk to the Board of Selectmen.
Use of Battle Green — USAF Re- Enlistment Ceremony — July 3, 2002
Upon motion duly made and seconded, it was voted to approve the request from Sgt. Julie A.
Talbott to conduct her re- enlistment ceremony on the Lexington Battle Green on Wednesday,
July 3 at 10:30 a.m. with an expected attendance of 30 people.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of
April 22 and May 1, 2002.
PAYT
Mr. Hadley announced that today's Referendum vote overturned the action of Town Meeting and
therefore the PAYT program will not be reinstated. Mr. Hadley also passed out an information
sheet and letter that he had prepared to go out to all residents concerning the trash and recycling
collection program.
Upon motion duly made and seconded, it was voted to authorize the staff to immediately send
the letter to the citizens.
Liaison Reports
Mrs. McKenna mentioned a note before the Board from Tourism Committee Chair Joel Berman
concerning a crosswalk cone on Hancock Street at the Hancock - Clarke House. The matter will
be on the Board's agenda on July 22.
Selectmen's Meeting — June 24, 2002
Mr. Enrich gave the Board a quick update concerning Hanscom and a story that appeared in the
Boston Globe on June 23 previewing the initial draft of the 5 year ESPR (formerly GEIR).
Every five years Massport is required to file a report on environmental issues. It is a very
intensive process. Five years ago they only looked at 48 daily operations. One of the things that
is likely to come out of this year's ESPR is a much higher threshold. That is going to open up a
major discussion. Another issue is forecast levels of jet aviation, which is three times what it
was three years ago. There is a meeting Thursday for the initial presentation by Massport's
consultant. The review process will not begin until September and it is a very intense process
with 10 public meetings. Lisa Baci will be the prime reviewer for HATS. The process will
continue into the early part of next year.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mr.
Enrich, Mr. McSweeney, Mrs. Krieger and Mr. Kennedy to go into Executive Session for
discussion of collective bargaining with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 10:55 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk