HomeMy WebLinkAbout2001-10-BOS-minSelectmen's Meeting Minutes
October 1, 2001
A regular meeting of the Board of Selectmen was held on Monday, October 1, 2001 in the
Selectmen's Meeting Room at 7:30 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mrs. Abbott,
Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith,
Executive Clerk were present.
The Planning Board called its meeting to order and voted by roll call vote to go into executive
session and will be returning to jointly appoint a Planning Board member.
Public Comments
Paul Hamburger reported that the Appropriation Committee voted 7 -1 that the Town not go to
weekly recycling outside of the context of a regular Town Meeting. The Committee feels there
should be no change to the program, particularly the cost of the program, that more experience
should be gathered, and new expenditures should be considered as part of the entire budget.
Tree Committee Appointments
Board members were given a list of possible candidates for the Tree Committee. Mrs. Krieger
asked the Board to look over the names and make any suggestions they wish for appointment at
the October 15 meeting.
Order of Taking — Harrington Driveway— Lowell Street
Mr. Cohen explained the reasons for action taken at the Spring 2001 Town Meeting to authorize
the Selectmen to take a piece of property on Lowell Street by eminent domain for street purposes
to provide an entrance to the Harrington School from Lowell Street.
Upon motion duly made and seconded, it was voted to sign an order of taking on a parcel of land
shown as Lot A on a plan recorded in the Middlesex South Registry of Deeds, Book 7800, Page
27.
Pay As You Throw Update
Solid Waste/PAYT Coordinator Robert Beaudoin updated the Board with statistical information
on the success of the recycling program and consequently reduced statistics on solid waste
disposal. There was much discussion among Board members on taking a survey of the
community concerning the recycling program.
Appointment of a Planning Board Member
Planning Board member Sara Chase, speaking on behalf of the Planning Board, said the Board
voted unanimously to recommend the appointment of Karl Kastorf to fill the unexpired term of
Stacey Bridge - Denzak until the election in March 2002.
Selectmen's Meeting— October 1, 2001
Mrs. Chase said the Planning Board feels very lucky to have two excellent candidates in Karl
Kastorf and Charles Hornig. The Boards salient points in favor of Karl were that during the
interview he seemed to center on his participation in the 2020 process, and each of the important
categories of the comprehensive plan.
Mrs. McKenna said she feels both candidates, are very good and have worked very hard for the
Town. Mrs. McKenna also said she would like to see the position filled by Charles Hornig
because he actually ran for the position previously and has put some effort into it.
Mr. Enrich said he too felt both candidates were excellent and if we had only one I would be
happy to appoint either. He also felt that Karl Kastorfs thorough knowledge of planning and his
extensive experience in Pembroke would be valuable to the Planning Board and he is prepared to
support the recommendation of the Planning Board.
Mr. McSweeney said he was happy to make both interviews and that both candidates would do
well serving on the Planning Board and although he hadn't known Karl Kastorf he was impressed
with him. Mr. McSweeney said he came prepared to vote for Charles Hornig.
Mrs. Abbott said she was not able to attend either of the interviews. She said she knew Karl as a
neighbor and thinks very highly of him and his abilities. She also said she has worked with
Charles Hornig when she was on the Appropriation Committee and he was on the Capital
Expenditures Committee and that without his commitment the Town would not be looking at
such a successful collaboration the committees have.
Mrs. Krieger said she could only echo what her fellow Board members have said, that both are
outstanding candidates but that her leanings were toward Karl.
Mrs. McKenna made a motion to put forth the name of Charles Hornig for the position.
Upon motion duly made, it was voted by roll call vote 5 for Karl Kastorf (Mrs. Krieger, Mr.
Enrich, Mrs. Chase, Mr. Davies and Mr. Harden) and 3 for Charles Hornig (Mrs. Abbott, Mrs.
McKenna and Mr McSweeney) to appoint Karl Kastorf to the Planning Board for a term to
expire on March 3, 2002.
Committee Appointments/Reappointments
Upon motion duly made and seconded, it was voted to appoint /reappoint the following:
Communications Advisory Committee
Reappoint Jane B. Gharibian for a three -year term to expire September 30, 2004
Reappoint Michael B. Green for a three -year term to expire September 30, 2004
Reappoint David G. Kanter for a three -year term to expire September 30, 2004
Reappoint Jennifer L. Taub for a three -year term to expire September 30, 2004
Reappoint Edmond F. Vail, III for a three -year term to expire September 30, 2004
Selectmen's Meeting— October 1, 2001
Fair Housing & Human Relations Committee
Reappoint Jean Y. Hibino for a two -year term to expire September 30, 2003
Reappoint Chang -Sheng Ting for a two -year term to expire September 30, 2003
Appoint Harriet J. Cohen for a two -year term to expire September 30, 2003
Gammel Legacy Trust
Reappoint Lillian MacArthur for a one -year term to expire September 30, 2002
Reappoint Jacquelyn H. Ward for a one -year term to expire September 30, 2002
Lexington Scholarship & Education Fund Board
Appoint Joanne Benton for a one -year term to expire September 30, 2002
Appoint Nancy Rogier for a one -year term to expire September 30, 2002
Appoint Pauly Joe Kemler for a one -year term to expire September 30, 2002
Reappoint Thomas O. Fenn for a one -year term to expire September 30, 2002
Reappoint David Williams for a one -year term to expire September 30, 2002
Lexington Bicycle Advisory Committee
Reappoint Harvey W. Bingham for a two -year term to expire September 30, 2003
Reappoint John Frey for a two -year term to expire September 30, 2003
Reappoint Jerrold Van Hook for a two -year term to expire September 30, 2003
Lexington Center Committee
Reappoint Robert Burbidge for a three -year term to expire September 30, 2004
Appoint Jerome Smith for a three -year term to expire September 30, 2004
Police Manual Policy Committee
Reappoint Chris Casey for a one -year term to expire September 30, 2002
Reapoint Cleveland Coats for a one -year term to expire September 30, 2002
Reappoint Edith Flynn for a one -year term to expire September 30, 2002
Reappoint William Hays for a one -year term to expire September 30, 2002
Reappoint Gerald McLeod for a one -year term to expire September 30, 2002
Town Report Committee
Reappoint John Ayvazian for a one -year term to expire September 30, 2002
Reappoint Kerry Brandin for a one -year term to expire September 30, 2002
Reappoint Robert Morrison for a one -year term to expire September 30, 2002
Reappoint Audrea Simpson for a one -year term to expire September 30, 2002
Reappoint Zelda Sokal for a one -year term to expire September 30, 2002
Reappoint David Tabeling for a one -year term to expire September 30, 2002
Reappoint Elena Volante for a one -year term to expire September 30, 2002
Appoint Claudia Cooper for a one -year term to expire September 30, 2002
Selectmen's Meeting— October 1, 2001
Transportation Advisory Committee
Reappoint Sally Castleman for a three -year term to expire September 30, 2004
Reappoint William Mix for a three -year term to expire September 30, 2004
Selectmen Liaison Reports
Mr. Enrich reported that at last weeps HATS meeting Massport confirmed that its attention is
directed elsewhere. They have suspended two projects; namely, the vegetation management and
GEIR update. They will have some sense of the new schedule at the next meeting.
Mr. Enrich also reported on Mrs. McKenna's observation at the last meeting that there is a
perception of increased noise in the Center since the flights were authorized. There has indeed
been a significant increase in corporate jet traffic.
Mrs. Abbott said the Town has received a letter from the Mayor and Deputy Mayor of
Lexington's Sister City Antony, France expressing their deep sympathy over the terrorist attacks
of September 11.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mrs. Abbott, Mr. Enrich,
Mrs. Krieger, Mrs. McKenna and Mr. McSweeney to go into executive session to discuss a
matter of land acquisition with no intent to return to open session.
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 Minutes
October 15, 2001
A regular meeting of the Board of Selectmen was held on Monday, October 15, 2001 in the
Selectmen's Meeting Room at 7:30 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mrs. Abbott,
Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith,
Executive Clerk were present.
Grant of Location Hearing
Mrs. Krieger announced that Adelphi Business Solutions is not prepared to proceed with its
petition for a grant of location at various locations in Lexington. Mrs. Krieger further announced
that the grant of location hearing is continued to the Selectmen's Meeting on October 29 at 7:30
p.m.
Use of Battle Green — Knights of Columbus
Mrs. Krieger described the process to be followed concerning the request from the Knights of
Columbus to conduct vigils on the Battle Green commemorating the birth of Christ.
Grand Knight Michael O'Sullivan explained his request to conduct vigils on the Battle Green
every evening from December 2, 2001 to January 6, 2002 starting at 3:00 p.m. for eight hours to
be attended by one to 100 people. We will be using a creche and there must be some set up and
disassembly time. If approved, the creche will remain on the Green. It is an accessory structure.
We are asking for permission to conduct an eight hour prayer vigil every day. That is the form
of the petition we place before you tonight. We do not want you to act on the second request
because of the ongoing litigation.
Mr. McSweeney reviewed his thoughts on what the Board is asked to do this evening. I know I
mentioned this many times in the past. This last winter during my campaign I heard various
topics that were on peoples mind. Unattended structures was mentioned many times. In our
community there are thirty thousand citizens, many volunteers for committees and boards, others
who volunteer in church organizations. All of the folks give of their time. The community is
one that is well run and one that is good to grow up in. I was previously on the Board for twelve
years. In all of the instances no matter what the topic was people had an opportunity to speak
freely, to say how they felt on a particular topic. The Board listened then and listens now. I am
one of five that make that decision. I know we have a very difficult topic. I ask that we listen to
one another and respect one another.
Mrs. Abbott spoke of her thoughts on the matter. For as long as Lexington has had Selectmen,
there have been difficult decisions in governance. There will always be differences of opinion,
and we should expect and welcome that. As we go forward with this discussion and decision this
evening, I will listen to the speakers with respect. I know that all of us have deeply held beliefs
and convictions, which we cherish and defend. No matter what decision is made this evening,
someone will be disappointed. We on this Board have a responsibility to continue to work with
Selectmen's Meeting— October 15, 2001
both those whose views prevail and especially with those whose views do not. I take this
responsibility seriously. I know that my colleagues do as well, and that is one reason it is a
privilege to work with them. This is a serious and difficult issue. I hope we will be able to work
together to understand and respect each other.
Mrs. McKenna added her comments on a similar line. I liken it to a debate team. Both sides
respect the opinion of the other side of the debate. We here are equally as smart and equally as
committed. We need to treat each other with respect. I am very unhappy that we have gone
down the path of multiple days and times celebrating or protesting the same event. However,
given that we have, it is my reluctant belief that to not allow it in this case would be
discriminatory.
Mr. Enrich echoed comments of his colleagues. I think these are important things to say before
we enter into a debate that we all know is a terribly difficult one. It is one that has been going on
for a number of years, one that many of us have struggled hard with. We are dealing with the
juxtaposition of two very powerful symbols, the creche and the Green, and that juxtaposition is
one that evokes powerful feelings of different sorts in many people in this Town. Those are the
feelings that I think we can all understand and all respect and try as we might, it is not clear that
we can reconcile the divergent feelings that are evoked by those symbols. I do hope that we can
at the same time remember that beyond symbols there are very important values that we all
share, values of respect for differing opinions, values of treasuring the community that we have
all chosen to be a part of Those are values that require continual effort for us to preserve. I am
convinced that, at bottom, what unites us is far greater than what may divide us. And I hope we
can move through this discussion without invective or animosity and can move beyond it with
respect and fellow - feeling for one another.
Mrs. Krieger spoke in conclusion. From my perspective a year ago this Board took a step to
ensure the rights of all residents of Lexington were equally represented by changing the
regulations for the use of the Common in a manner applicable to all speakers and all points of
view. This has been a difficult issue with deep- seated emotion expressed on both sides of the
issue. As we continue the debate tonight of the placement of the creche on the Common, I
encourage us to be respectful, to be mindful of the rights of all in the community and to strive to
act as one community.
David Kaufman said he believed he heard a request for an eight -hour vigil. I believe regulations
call for four -hour events or less. I am not certain my memory is correct on that. Apart from that,
I have one engineering comment. That is that while I understand that the initial process of
setting up the creche may take fifteen hours because you have to unpack everything, I really find
it hard to believe that it would not be possible with the aid of a fork lift truck and trailer to
remove it for a period of an hour or so and to restore it after a similar period.
Selectmen's Meeting— October 15, 2001
Perry Pollins said he is agitated because of the creation of the situation. I can't help but note there
are two forces opposing one another — secular force and religious force. I happen to be in favor of
religious force. Faith is something that brought me through World War II. If I didn't have faith, I
wouldn't be here. If I didn't believe in secularism in terms of rationality, I wouldn't be here. So I
believe when you talk about religion, you talk about faith, you talk about something that is
emotional. Secularism is not emotional, religion is and I hope you consider this when you reason
whether or not the Knights of Columbus is allowed to place the creche on the Green.
Mr. Rod Baltz said the Minuteman last week had a picture on the front page and it showed a
series of signs. I must say that the signs all appeared to be rendered in the same fashion, but one
of them happened to read Let Peace Begin in Lexington. I saw the picture of the person holding
the sign and I wondered what side he or she is on, because I think that is what we all want. I said
to myself as a Christian I don't consider this to be a secular statement. But with 47 years in the
Hancock Church and a Simon Robinson Mason for the same amount of years, I agree fully with
the sentiment that if someone feels peace should begin, we feel that it should continue in
Lexington and not be disrupted any further. I fully approve of the regulation by the Selectmen to
prohibit structures on the Battle Green. With regard to the creche, this regulation differs from
the request made by the Clergy Association a good while back which recognized the changing
character of the Town from one of a religiously homogeneous composition to one of a more
diverse nature. And the Association's request simply asked for the full removal of the creche
from the Green and the transfer of it to private adjacent land in order to avoid community
discourse and turmoil. They realized an obligation as citizens to preserve the community
harmony by not pushing the predominant religion in Town upon everyone. They also felt the
Battle Green in spirit belongs to all citizens and well beyond Lexington from that standpoint and
it therefore deserves this special attention all the more so. I feel that everyone should take this
view. In the case of our elected representatives, the obligation upon them to preserve this
harmony is substantially and immeasurably stronger. The present Selectmen have risen to this
challenge admirably and I continue to congratulate them for it. I do not feel that to circumvent
or thwart this structure regulation or its intent are well considered and this present attempt should
be viewed as such. I understand that the Knights of Columbus was approached last year by a
representative of Hancock Church to determine their interests in placing the creche on the church
lawn across from the lit tree. What was their response or conversely what was their objection to
this idea? Again, peace and harmony is very heartening at the Christmas Season and one that we
all wish and importantly for everyone. For myself and for many others, I feel we have seen
enough public aggressive religious fervor to last a lifetime.
Attorney for the Knights of Columbus Chester Darling said he had not intended to address the
matter until these others spoke. I would like to address a couple of issues that were raised. I
certainly endorse the heartfelt and sincere supplication of my client, Michael O'Sullivan, but I
really shouldn't have to do that before a governmental body. Our Federal and State Constitutions
were designed to prevent government from interfering with basic rights that were
Selectmen's Meeting— October 15, 2001
bestowed upon us by God and the respective constitutions preclude government from interfering
with the free exercise of free speech or the free exercise of religion. Therefore, I have nothing
more to add. I would just respectively request that you consider the sincere application of the
Knights of Columbus to exercise their religion on the Green as they have for the last eighty
years. Thank you.
Mrs. Krieger asked the Board members for their comments on the request before them.
Mrs. McKenna said she spent some time thinking about this application that has come before us
because I feel very torn about it. The thing I am most unhappy about is that we have gone down
the path of multiple days celebrating and protesting the same event. I don't believe we should
have peace vigils that last for weeks and months. I don't believe we should have protests that last
for weeks and months. However, I also think that we have done that and that concerns me
because how would our actions in terms of turning this down be consistent with that. I have also
always kept going back to the By -Law about the protection of the Battle Green and for the public
again I would like to read the very first sentence of that By -Law. No person shall behave or
conduct himself on the Battle green otherwise than in a quiet and orderly manner in keeping with
a respectful regard and reverence for the memory of the patriotic service and sacrifice there so
nobly rendered. I think a lot of us have seen, especially in the last few weeks, how many times
we turn to our religion, whatever that religion might be, to help us at various times in our lives
and that is probably why the discourse around this has been so hard for me. I think had we not in
the past and in the recent past allowed multiple day uses of the Battle Green, I would be inclined
to vote differently. Given the fact that we have gone down that path and reading those words
again, and again looking at the monuments that exist on the Battle Green, which include a
preachers stand and includes a grave marker, I think that a celebration of religion on the Battle
Green is perfectly appropriate and I would therefore move that we in fact adopt this permit
request from the Knights of Columbus.
Mr. McSweeney said he would agree with the comments of Mrs. McKenna and seconded the
motion.
Mr. Enrich said he also has thought long and hard about the larger issue and the specific
application that is before us this evening and there are essentially two reasons why I believe we
should and why I will vote against it. The first reason is that never in the history of this Board
have we ever approved any organization holding, leaving aside the structure of the creche and
just focusing on the request for the event, never have we granted a permit for anyone to hold a
daily event. Mrs. McKenna correctly points out that over her strenuous objection, we did a few
years ago approve a peace vigil, which was held on a weekly basis for an hour or two over a
period of I believe eight weeks. And I guess the record for long -term permits is the permit that is
held by Mrs. Fournier for her weekly one or two -hour demonstrations against our regulation that
we are addressing tonight for a period of I believe about ten weeks. So the most we have ever
allowed by repeated events were those that took up the Green on a weekly basis for an hour or
Selectmen's Meeting— October 15, 2001
two. Here we are presented with a request where the event would occupy the Green for a period
of eight hours daily for weeks on end. I thought long and hard about this and I simply cannot
imagine any organization for any purpose that could be brought before this Board where I would
be prepared to support that kind of long -term monopolization of the Green for a single group's
events. I think it is inappropriate and I cannot support it in this case. It is not that it is in
violation of the regulation pertaining to structure; it is simply that it is an inappropriate use of the
Green.
The second reason does relate to the structure. I think anyone who has been paying the slightest
bit of attention over the past many years to the debates over this issue understood fully that the
intention of the amendment of our regulations some fifteen months ago was to avoid the
placement of structures of private organizations for extended periods of time on the Battle Green.
We thought that it was important to make an exception for structures that were going to be used
for events. The clear intent of the regulation was not to have structures placed on the Green for
extended periods of time, particularly when they are unattended for the vast majority of that
time. The effect of the request that is before us tonight would be simply to make annulity of that
amendment to the regulation. Again, this is not a matter of focusing on a particular group or a
particular structure, if we were to allow this permit for this structure, we all know we would
rapidly see a succession of other applications for other kinds of daily extended events with
complex structures that would require more than a few hours to assemble and disassemble and
the effect would be that the amendment to the regulations would have been to completely
eliminate it by this strategy. So, I really think in my mind it is clear that this application
intentionally or not is inconsistent with the intent behind the regulation and would give rise to
exactly the evil that we were seeking to avoid when we initially amended the regulation and
frankly were we to find that the regulation as presently framed had to permit this kind of event,
the solution would be to amend the regulation to achieve the intended effect. The intended effect
that the Green is not the appropriate place for private organizations to place their symbols, no
matter how strongly they value those symbols. For these two reasons, I feel compelled to vote
against it.
Mrs. Abbott said she agrees with those points and my reasons for intending to vote against this
motion are very much the same. I do think that our regulation, which was made with a great deal
of discussion and difficulty, had an intent that would be circumvented by a use of this type. I
understand and I hear Mrs. McKenna's argument about the multiple permits and I know that has
been a concern which she has cited over time when this Board has considered those, but I do
think that those gatherings, vigils, protests, whatever they may be for are different from this
because they are short in duration, they are once a week, they are focused on a specific message
and they are the kind of activities that we have always permitted on the Green, but I do feel this
is different having one group have control of the Battle Green for 24 hours a day for weeks at a
time is not in keeping with our regulations.
Selectmen's Meeting— October 15, 2001
Mrs. Krieger said she too will vote to deny this permit. When I voted last year to change the
regulations governing the use of the Common to eliminate free standing structures, I did so
because I believe such a restriction will provide the greatest access to residents of all persuasions
and beliefs to the Common and the opportunity to express their beliefs. And I haven't changed
my mind and I will accordingly vote to deny this permit for much of the same two reasons that
have already been articulated, first because the permit request in my mind seeks to circumvent
the intent of our new regulation. This permit request seems to be an attempt to restore the creche
to the Common for an extended period of time and so is in violation of the regulation as we
modified it, and secondly I would not feel comfortable in permitting a single group to use the
Common for eight hours a day for seven days a week for five weeks. Such a request is
inconsistent with the notion of access by all to the Common so I too will vote to deny the
request.
Mr. McSweeney said he hadn't said anything about the creche and I know now I think I come
from a different perspective as far as the creche is concerned. I know that it has been mentioned
that the creche had been on the Green for 80 years. I moved here in 1956. I think that ever since
I have been a resident of Lexington I have always considered the creche on the Green as
something that just created peace and good will and had a good feeling and that was obviously
from my perspective at that time of the year. I know that there has been mentioned a vigil for
five weeks. I think the creche being on the Green for 80 years without any human accessory
would not be quite as effective or quite as meaningful so I think from one to one - hundred
residents with the creche for five weeks is something that would be even more important and
more in keeping with the uses of the Green. I know since I haven't been on the Board for three
years I am not up to speed as to why the regulation was put into effect last July. I have heard
many comments in the community but in this room where these decisions are made, I haven't
really heard any. I know there has been some suggestions that maybe there would be other folks
that would come and ask for permits for structures that a lot of folks might not welcome on the
Green. But over the years, and I only have twelve past years on the Board, I think that most
requests or all requests that I have experienced that come before the Board of Selectmen are
usually pretty well thought out and they are not activities that would be offensive to the other
folks in Town. From my perspective I don't think that people would do that on purpose and so I
don't really see other permit requests coming in that would be of the type that would be offensive
to the other residents so I will support Mrs. McKenna's motion for those reasons.
Upon motion duly made and seconded, it was voted 2 in favor (Mr. McSweeney and Mrs.
McKenna) and 3 opposed (Mrs. Abbott, Mrs. Krieger and Mr. Enrich) to grant the permit to the
Knights of Columbus. The motion not having carried, the Chairman announced that the permit
is denied.
Mrs. McKenna inquired about placing the rules and regulations on a future agenda to address
inconsistencies in the rules and regulations pertaining to the Battle Green and further to address
the regulations with respect to recurring events.
Selectmen's Meeting— October 15, 2001
Upon motion duly made and seconded, it was voted to place the Selectmen's Rules and
Regulations on Use of the Battle Green on a future agenda.
Class II License
Upon motion duly made and seconded, it was voted to approve the application and issue a Class
II license to Raul Calero, 58 Laconia Street.
Committee Appointments/Reappointments
Upon motion duly made and seconded, it was voted to make the following committee
appointments /reappointments:
Communications Advisory Committee
Reappoint Robert Warshawer for a term to expire May 2002.
Human Services Committee
Reappoint Steven B. Kelly for a term to expire September 30, 2004
Reappoint Khalil Khatri for a term to expire September 30, 2004
Reappoint Christine Yedica for a term to expire September 30, 2004
Lexington Council for the Arts
Reappoint Alan R. Adolph for a term to expire September 30, 2004
Reappoint Becky Sue Epstein for a term to expire September 30, 2004
Reappoint Constance Kokubo for a term to expire September 30, 2004
Reappoint Mary Russell for a term to expire September 30, 2004
Appoint John Tarrh for a term to expire September 30, 2004
Personnel Advisory Board
Reappoint William Barnes for a term to expire September 30, 2004
Reappoint Janet Perry for a term to expire September 30, 2004
Appoint Julie Weber for a term to expire September 30, 2004
Traffic Safety Advisory Committee
Reappoint Susan Bottan for a term to expire September 30, 2002
Reappoint David Carbonneau for a term to expire September 30, 2002
Reappoint Steve Frymer for a term to expire September 30, 2002
Reappoint Nijdeh Havan for a term to expire September 30, 2002
Reappoint Myla Kabat -Zinn for a term to expire September 30, 2002
Reappoint William Mix for a term to expire September 30, 2002
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of
September 13 and September 19, 2001.
Selectmen's Meeting— October 15, 2001
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
the meeting of August 27, 2001.
Tree Committee ADDointments
Upon motion duly made and seconded, it was voted to appoint the following to the Tree
Committee:
Paul Mazerall for a three -year term to expire September 30, 2004
Jim Wood for a three -year term to expire September 30, 2004
Nell Walker for a two -year term to expire September 30, 2003
Matt Foti for a two -year term to expire September 30, 2003
John Frey for a one -year term to expire September 30, 2002
Susan Solomon for a one -year term to expire September 30, 2002
Joanna Griscom for a one -year term to expire September 30, 2002
Selectmen Liaison Reports
Mrs. McKenna reminded Board members to stop by the Visitors' Center and the information
booth at the 128 Plaza. The Tourism Advisory Committee will be reporting on both areas in its
report. There is some talk that the State is looking to demolish the information booth. Mrs.
McKenna also asked the Board to think about appointing a permanent Tourism Committee and a
need for some financial commitment. The Committee is also looking for alternative funding.
The Committee's report will be coming to the Board as an interim draft report.
Mrs. McKenna publicly thanked Skip Hayward for promoting Lexington's history and heritage
on the Battle Green in memorializing the victims of the terrorist attack of September 11. Mrs.
McKenna also praised the DPW work force and the Police Department honor guard.
Mrs. Abbott seconded Mrs. McKenna's sentiments. She said it was her honor and privilege to
represent the Board at the event. It is truly a labor of love for Mr. Hayward. She also added her
thanks to the Police Department for the honor guard.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mrs. Abbott, Mr. Enrich,
Mrs. Krieger, Mrs. McKenna and Mr. McSweeney to go into executive session to discuss a
matter of collective bargaining with no intent to resume open session.
Selectmen's Meeting— October 15, 2001
Upon motion duly made and seconded, it was voted to adjourn at 8:28 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting Minutes
October 29, 2001
A regular meeting of the Board of Selectmen was held on Monday, October 29, 2001 in the
Selectmen's Meeting Room at 7:30 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr.
McSweeney; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith, Executive
Clerk were present.
Public Comments
Perry Pollins asked what the Board was going to do to help citizens who have lost jobs as a result
of recent events. Has the Board thought of reducing real estate taxes? What Town services will
be affected. Is security in the Town at optimum? Have you considered what can be done at the
Senior Center and have you planned on calling off all future Proposition 2 '/z overrides?
Patrick Mehr made suggestions concerning grant of locations.
Julian Bussgang asked that the Board adopt a resolution asking the Governor and Senate
President not to approve the proposed redistricting in the House that would result in Lexington
being split into two districts.
Consent Agenda
Water /Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted to approve the following:
Commitment of water charges for 8/28/2001 (cycle 9)
$131,194.70
Commitment of water charges for 8/1/2001 to 8/31/2001
$4,441.20
Commitment of sewer charges for 8/1/2001 to 8/31/2001
$8,903.16
Commitment of water charges for 9/24/2001 (cycle 9)
$134,518.14
Commitment of water charges for 9/1/2001 to 9/30/2001
$5,005.53
Commitment of sewer charges for 9/1/2001 to 9/30/2001
$7,148.10
Adjustments of water charges for 8/1/2001 to 8/31/2001
- $11,360.71
Adjustments of sewer charges for 8/1/2001 to 8/31/2001
- $26,012.03
Public Official Liability Bond
Upon motion duly made and seconded, it was voted to set the amount of the Assistant Treasurer
Bond at $180,000.
Adelphi Business Solutions Grant of Location — Various Locations
Upon motion duly made and seconded, it was voted to continue the hearing to November 26,
2001 at 7:30 p.m.
Selectmen's Meeting— October 29, 2001
NSTAR Grants of Location
NSTAR Representative Clifford Higgins was present to review the petition by NSTAR
Communications to place and maintain a total of 34± feet of conduit and one manhole under
Massachusetts Avenue near the intersection of Grant Street to connect NSTAR's overhead system
to Verizon's existing underground system and gain access to Verizon's Central Office at 73
Waltham Street.
Abutter to the planned grant of location Julian Bussgang asked about compliance with the noise
by -law regarding hours of operation, making sure that NSTAR cleans up after construction and
expressed concern that the manholes in the area fill up with water and overflow. Mr. Bussgang
was assured that the hours of operation would be between 9:00 a.m. and 3:00 p.m., that clean up
would be added to the order of conditions, all wording regarding aerial installation is to be
removed from the order and DPW will address the flooding problem with NSTAR.
Upon motion duly made and seconded, it was voted to approve the petition of NSTAR
Communications to lay and maintain underground conduits and manholes, with the wires and
cables to be placed therein, under the surface of
Waltham Street at the intersection of Forest Street from existing Verizon manhole south in
sidewalk to utility pole #195/9, install conduit a distance of about 34 feet.
Massachusetts Avenue starting at existing Verizon manhole 130 feet south of Grant Street, install
conduit to utility pole #123, a distance of approximately 63 feet. It was further voted that clean
up provisions be added to the order of conditions, all wording regarding aerial installation will be
removed from the order of conditions and that DPW would address any flooding problems with
NSTAR.
Keyspan Grant of Location — Meriam Street
Keyspan Representative Warren Gibson was present to review the petition of Keyspan for a
grant of location to install approximately 200 feet of 4' gas main in Meriam Street to provide gas
service to #37 Meriam Street. Mr. Gibson answered several questions of the Board. They will
be going across the street to connect to #37, it should take no more than two days doing 100 to
150 feet at a time, they will leave the asphalt F down until finished, when finished with all
construction they will be paving the whole area at one time, they will take five days all together
and one -half of the road will be open at all times, they will finish the paving at one time, there is
a mechanism for follow up if necessary because of street settling. Mr. Hank Reiling of 28
Meriam Street asked if the main could be extended further to provide him service. Mr. Van
Hook who lives on Meriam Street suggested Keyspan could provide better public information by
making a representative of Keyspan available to answer inquiries.
Selectmen's Meeting— October 29, 2001
Upon motion duly made and seconded, it was voted to approve the petition of Keyspan Energy
Delivery to install approximately 200 feet of 4' gas main in Meriam Street from the existing 4' gas
main in Meriam Street at Castle Road to provide service to #37 and with the intent to make a
good faith effort to extend the main further to provide service to #28 Meriam Street.
RCN Grant of Location — Winter Street
RCN Representative Katie Kirkpatrick was present to review the petition of RCN for a grant of
location to install approximately 296 feet of telecommunications conduit in the shoulder of
Winter Street to Fifer Lane to provide telecommunications service to Fifer Lane and the
Drummer Boy Condominiums. David Kanter of 48 Fifer Lane urged the Board to approve the
request.
Upon motion duly made and seconded, it was voted to approve the petition of RCN Inc. to lay
and maintain underground conduit on Winter Street from pole 149/3 approximately 296 feet
northerly to Fifer Lane.
Holiday Lighting— Chamber of Commerce
Judy Moore and John Ott spoke on behalf of the Board of the Chamber of Commerce and asked
the Board to assist the Chamber financially this year in providing the Christmas lighting in the
Center. Mrs. Moore indicated the Chamber would donate the lights to the Town. The panels
need to be replaced and that is a cost that the Chamber does not have funds for. The replacement
of the panels is estimated to cost $8,000, which includes the cost of an electrician and paying
DPW on overtime to string the lights. Beverly Kelley has offered to spearhead fund raising on
behalf of the Chamber to assist in paying for the lighting. Mr. Ott encouraged the Board to help
out in a year when the spirit is needed.
Mr. McSweeney agreed that the lights are important at this time of year. Mr. McSeeney made a
motion that was seconded that the Town join in a partnership with the Chamber of Commerce
and take care of replacing the panels.
Mr. Enrich was concerned about the Chamber's donating the lights to the Town. He asked that
there be discussion on the matter between the Chamber and DPW staff and how it can be
structured in the future.
Mr. White suggested that whatever plan be laid out concerning the stringing of the lights, the
Chamber of Commerce should continue to be involved. Partnership is important. Keeping the
Chamber involved is very important. Mr. White also reminded the Board that it is an
unbudgeted expenditure and he would look to reallocating some resources.
Matt Foti said he would be able to put trees at Depot Square and also one in front of the Library
and one at the Police booth.
Selectmen's Meeting— October 29, 2001
Mr. Michelson expressed concern that the Chamber of Commerce has been trying to drop a
number of programs that have been ongoing for years and this is another one of them.
Upon motion duly made and seconded, it was voted to support the display of the holiday lights in
the Center and to defray the cost with a limit not to exceed $8,000 this year and that there be
continued discussion between the Chamber of Commerce, DPW and citizens to continue the
program in future years and that the Town is not accepting the donation of lights from the
Chamber.
Tourism Advisory Committee Report
Mrs. McKenna reviewed the process that has been ongoing for eighteen months. Mrs. Eddison
chaired the committee until last Spring when Mrs. McKenna replaced her. Mrs. McKenna
acknowledged the work of Joe Marino and members of the Committee on the project and
presented the Committee's interim report.
Committee members Marcy Quill, John Ott, Ed Grant and Lou Sideris spoke about the increase
in the number of visitors since the terrorist attack on September 11, the need for tourism to be a
core value, improving signage, (signs should be classic period and they need to make sense),
there couldn't be a better time to encourage tourism to this historic Town, the hotel/motel taxes
received in Lexington, the need for a tourism budget and a standing tourism committee.
Mrs. McKenna indicated the Committee is looking for guidance from the Board to improve the
quality of tourism both for the visitors and citizens of the Town, with the ultimate goal being to
encourage tourists to spend more money in Lexington. The Committee hopes the Board will
take two actions tonight. First, we would like to make a recommendation not to vote on the
charge and that we agree to appoint a permanent Tourism Committee and agree to vote a charge
and membership at the next meeting. Second, we would like an appropriation under a line item
in the Economic Development budget for tourism. I think it is important to reemphasize that
after the September 11 attacks people feel a need to connect to our heritage.
Mr. Enrich complimented the committee on doing a fine job. One of the things that came
through very clearly in the 2020 process was how seriously citizens take their heritage and how
they want to preserve and project it into the national and international stage. There is broad
support in the community for doing that in a way that is more effective and meaningful. We
would be serving ourselves very poorly if we didn't appreciate the efforts of the committee and
move forward.
Mrs. Krieger said she echoes what Mr. Enrich said. We have a responsibility to protect our
heritage. I am supportive of endorsing a committee. We usually take two weeks to think about a
charge and membership. We should consider funding through the budgeting process. Mrs.
Krieger expressed her appreciation to the committee.
Selectmen's Meeting— October 29, 2001
Mr. McSweeney agreed with Mr. Enrich and Mrs. Krieger and expressed his appreciation for all
the time and efforts of the committee. Your work will be a starting point of a process and a
project that we can work together on. Mr. McSweeney also gave thanks to Lou Sideris from
Minuteman National Park.
Mr. Enrich felt it would be good to have a representative of Freedom's Way on the Committee.
also feel one of the things we don't have enough of is good hotel/motel accommodations and
enough bed and breakfasts. I also think it is both a good and bad time to ask for money in the
budget. We need to think very creatively about creating revenues outside the tax levy.
Upon motion duly made and seconded, it was voted to appoint a Tourism Committee with the
membership and charge to be determined at the next meeting and to establish a line item in the
Economic Development budget for tourism.
Projects Update
Battle Green Obelisk
Building and Monument Conservationist Ivan Myjer reviewed his report on the findings,
recommendations and estimated costs of the work that would be involved in stabilizing and
preserving the Battle Green Obelisk
Mr. Enrich asked about the current lack of grant money for the work and what the consequences
would be if the work was delayed for a period of months or a year while we look for funding.
Mr. Myjer advised that it should be done during the masonry season April 15 through November
15, 2002. If you wait another year, you will need to do some stabilizing.
Mr. McSweeney asked what were the major problem areas. Mr. Myjar said there is no mortar
between the bricks and water is getting in. He feels comfortable with his estimate of $20,000 to
$25,000 to do the work. There are many masonry craftsmen available.
Mrs. McKenna indicated she would like to ask the Town Manager to look seriously at the
Selectmen's gift accounts and check with Rotary or the Lions Club for help in funding the work
and hopes to see a funding package by the first of the year. Mr. White said he would like Bill
Hadley to address the matter. He is looking at potential sources; one is the Trustees of public
Trusts, another is Selectmen's gift accounts. Mr. Hadley has identified two sources. The
Trustees of Public Trusts could provide probably $3,000 to $4,000 and we will be contacting
David Williams about these funds. Also there is a balance of $22,000 remaining in the Battle
Green area Selectmen's gift account. We are looking to work with Ivan and have work started
shortly after April 19. Mrs. Krieger thinks the Town should pursue other grant options.
Upon motion duly made and seconded, it was voted to do the work, put out to bid in February or
March and work with Bill Hadley on other funding sources.
Selectmen's Meeting— October 29, 2001
Depot Square
Depot Square Project Manager for the Town Ginna Johnson reported on the status of the project.
The project is on schedule and will certainly be completed by May of 2002. The contractor has
committed to completion of the sidewalks by the third week in November. Further, at the
recommendation of Mrs. McKenna we hope to get the planting completed in March and have the
project substantially completed by Patriots' Day.
Board members asked questions about the width of the lane around the Depot, the cost of the
project to the Town and how much of the project will be completed by Thanksgiving.
Center business owner Dick Michelson spoke of his concerns that the traffic lane is not wide
enough, there have been at least eight to ten openings of the pavement, the lighting in the area is
very bad since the project started, plans should have been made to have the signage in showing
where the parking is. Other business owners Liz Stevenson, Steve Siegal and Kathleen Carney
spoke of their concerns about any delay in completing the project that will further hurt their
business and the large pieces of equipment remaining in the square. Mrs. Jacobs, President of
the Meriam Hill Association, said the response we get from the Town is a reaction to our
demands as opposed to anticipating them. The signs, etc. should have been part of the plan.
The businesses at the Depot submitted a letter to the Board listing four specific requests relating
to parking to provide them with some relief to the current situation. Transportation Coordinator
Gail Wagner told the Board that two of the requests could be accommodated immediately;
however two of the requests concerning validated parking program and stacking of vehicles
really cannot be accomplished because of space limitations.
Upon motion duly made and seconded, it was voted to advance the free parking during the
holiday season on Saturdays and Sundays effective immediately and to institute free parking in
the evening after 5 p.m.
Mr. McSweeney indicated what bothered him most was that he thought the neighbors concerns
were being listened to at the Thursday morning meetings and everyone was working together and
now he is hearing it all didn't work the way everyone thought it was working. We need to talk
about what we can do from here on; whatever lights we thought were on will be on as quickly as
possible. We need to deal with that right away. I hope we can work together and at the next
meeting a week from Thursday comments from the neighbors will be listened and adhered to.
Mrs. McKenna expressed concern that the businesses were not able to have access to the Town
Manager and that their letter to the Selectmen was not at their places this evening.
Board members agreed that it was their understanding that the inside of the park would be
leveled off and all of the machines would be gone by Thanksgiving. It was decided to review the
progress in two weeks.
Selectmen's Meeting— October 29, 2001
Recycling
PAYT Program Coordinator Robert Beaudoin reported on the continued success of the PAYT
Program. The October recycling of 473.55 tons is the highest in the Town's history.
Mrs. Krieger thanked the citizens of Lexington for their strong participation in the program.
Quarterly Budget Exception Update
Mr. White reviewed a quarterly budget exception report from Finance Director John Ryan noting
areas where the September 11 tragedy will have an impact as it relates to insurance premiums
and police and fire services. There is also an anticipated need for additional funding in legal
services; however, no invoice has been submitted yet for the quarter ending September 30.
FY 2003 Revenue Update
John Ryan reviewed his latest estimates on revenue projections for FY03. The net result in these
estimates represents a reduction of an additional $300,000 from my estimate in July.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
September 24, 2001 with the noted correction.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
the meetings of September 13 and October 12, 2001.
Liaison Reports
Mr. Enrich reminded the Board of Mr. Bussgang's comments earlier and suggested that the Board
send a letter concerning the breakup in Lexington's representative district.
Upon motion duly made and seconded, it was voted to direct the Chairman to send a letter on
behalf of the Board to the Governor, Senate President and Lexington's two senators asking them
not to support the House redistricting.
Selectmen's Meeting— October 29, 2001
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mr.
Enrich, Mrs. Krieger, and Mr. McSweeney to go into executive session for the purpose of
discussion of land purchase and litigation matters with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 11:55 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk