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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