HomeMy WebLinkAbout2001-09-BOS-minSelectmen's Meeting Minutes
September 13, 2001
A regular meeting of the Board of Selectmen was held on Thursday, September 13, 2001 in the
Guard Room at the Police Station 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.
Public Comments
Perry Pollins said he felt it is pointless for citizens to take up valuable time by making public
comments during the first ten minutes of Selectmen's Meetings and that provision for such
comments should be discontinued. Mr. Pollins also said he is sending a letter to Town Counsel
asking for advice on preventing Proposition 2 '/z overrides being bundled.
Consent Agenda
Use of Battle Green — Lexington Preschool PTA
Upon motion duly made and seconded, it was voted to approve the request from the Lexington
Preschool PTA to conduct its Annual Halloween Parade on the Battle Green on Saturday,
October 27 from 8:30 a.m. to 10:00 a.m. with a rain date of October 28.
Use of Battle Green — Massachusetts Voters for Clean Elections
Upon motion duly made and seconded, it was voted to approve a request from the Massachusetts
Voters for Clean Elections for a rescheduled date of September 29 for a previously approved
march from the Battle Green.
Proclamation —Maria Hastings Cary Year
Upon motion duly made and seconded, it was voted to sign a proclamation naming 2001 as
Maria Hastings Cary Year in celebration of the 200 anniversary of her birth.
Water /Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted to approve the following water /sewer
commitments and adjustments:
Commitment of water charges for 7/24/2001 (cycle 9) $145,767.62
Commitment of water charges for 7/1/2001 to 7/31/2001 $13,952.93
Commitment of sewer charges for 7/1/2001 to 7/31/2001 $24,283.51
Adjustments of water charges for 7/1/2001 to 7/31/2001 - $76,308.96
Adjustments of sewer charges for 7/1/2001 to 7/31/2001 - $81,187.52
Hearings
AT &T Grant of Location — Brookwood
AT &T Representative David Flewelling was present to review a petition from AT &T Broadband
for a grant of location to move an existing pedestal from private property at #6 Brookfield Road
to the Town right of way at #2 Fairfield Drive.
Selectmen's Meeting— September 13, 2001
Mark Savage of 2 Fairfield Drive asked about shielding the pedestal with bushes. Klaus Fuchs
of 6 Brookwood Road spoke of his concern that his property be brought back to its original
condition before the pedestal was incorrectly installed on his property. Mr. Flewelling indicated
that both requests would be met.
Upon motion duly made and seconded, it was voted to approve the petition of AT &T Broadband
to install and maintain aboveground pedestal with underground wires and cables to be placed
therein, under the surface of Fairfield Drive. Excavate approximately 15 feet to relocate AT &T
pedestal that is located on private property at #6 Brookwood Road. The relocated pedestal will
be installed in the right of way in front of #2 Fairfield Drive. Also, a road cut at the south side of
Fairfield Drive to Brookwood Road, a distance of approximately 35 feet. Additional conditions
voted were shrubbery to be placed around the pedestal and the property at 6 Brookwood Road be
restored to its former condition.
Storage of Flammables License — Cubist Pharmaceuticals
Cubist Pharmaceuticals representatives Tom Mullin and Jason Hill were present to review a
request for a license for the storage of flammables at 65 Hayden Avenue. Cubist has been an
existing company in Cambridge. The State Fire Marshall has inspected the building and Cubist
has corrected some minor issues to be in compliance with State requirements. Cubist can only
keep ethers on site for six months.
Upon motion duly made and seconded, it was voted to issue a license for the storage of
flammables to Cubist Pharmaceuticals at 65 Hayden Avenue at various locations sited on a map
filed with the Selectmen's Office.
Worthen Road —No Parking
Upon motion duly made and seconded, it was voted to approve the posting of No Parking
between the entrance and exit to the Senior High School on Worthen Road.
Street Acceptance Schedule
The Engineering Department presented a street acceptance schedule for the Warrant for FY03
should any requests be made by the September 28 deadline.
2020 Implementation Committee Appointment
Upon motion duly made and seconded, it was voted to appoint Jerome Smith of 8 Ryder Lane to
the 2020 Implementation Committee.
Selectmen's Meeting— September 13, 2001
DRI Appointments
Upon motion duly made and seconded, it was voted to appoint Lisa Baci and Tony Galaitsis
(interim) to the Developments of Regional Impact Committee.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
August 27, 2001.
Adjournment of Meeting igh School Commons 2
Upon motion duly made and seconded, it was voted to adjourn the meeting to the High School
Commons 2 in Joint Session with the School Committee.
Joint Meeting of School Committee/Board of Selectmen/Finance Committees
School Committee Chair Robin DiGiammarino, Selectmen Chair Jeanne Krieger, Appropriation
Committee Chair Paul Hamburger and Capital Expenditures Committee Chair Tom Griffiths
called their respective committees to order.
Mrs. Krieger announced before we begin the joint session, the School Committee and Board
asked that she begin the meeting by repeating her comments made at the Peace Vigil on the
Lexington Battle Green after the terrorist attack on the United States.
We are all overwhelmed, dismayed and made to feel vulnerable by the events of the last two
days. The senseless, cruel deaths of as yet an unknown magnitude makes Tuesday, September
11 among the darkest days in American history. All of us have been touched either directly or
indirectly by this incomprehensible devastation. All of us who have children, relatives and
friends in New York know the horror of the time we spent until we were assured of their safety.
Our thoughts are with those whose loved ones were not among the fortunate. This is a time to
come together, to gather strength from our neighbors and to comfort our neighbors. This is a
time to be cautious about casting blame. This is a time for us to remember the heritage
represented by the common on which we gather, to honor the principles of freedom, the
principles of freedom of expression and respect for individual dignity. Let us not forget these
freedoms, the pursuit of peaceful, respectful outcomes as we gather strength to confront the harsh
reality of these past days.
The Committees discussed their respective positions on the readiness to go forward with a debt
exclusion this fall that would include the next phase of the school renovation project for six
elementary schools. Current plans to build two new schools to replace Fiske and Harrington and
renovation of four schools that would ultimately achieve the goal of equity among all elementary
Selectmen's Meeting— September 13, 2001
schools were reviewed. There was much discussion about the two options presented by the
School Committee: going to the community this fall to ask for permission to build two new
schools using one swing space at Harrington or to wait for four to five months and ask for
permission to build two new schools in tandem and then talk about renovation versus new for the
remaining schools.
Conservation Commission Mr. Hamilton said it is very unlikely that the Commission will be
ready to go with the land acquisition piece of the debt exclusion this fall.
There was much discussion about going forward with one swing space versus two swing spaces
for the two new elementary schools at Fiske and Harrington; the advisability of going with one
or two debt exclusions; the need for time to provide information to the citizens, the costs of new
versus renovations; the academic impact of the delay.
Capital Committee Chair Tom Griffiths said his committee believes they know enough to see the
benefit with going forward with two new schools this fall; that it is unlikely to find another
swing space; and that postponing this phase will further delay the other four schools.
School Committee Chair Robin DiGiammarino feels the Committee needs more time to fully
exhaust potential for a second swing space.
Recreation Committee Representative Dick Neumeier spoke of his committee's desire to include
the work on the athletic fields amounting to approximately $815,000 for the four schools in the
total package.
Appropriation Committee member Alan Levine speaking for himself feels the project is not
ready to go forward this fall, that more details and cost estimates are needed and that he doesn't
have a basis for making a decision between a one and two swing space plan; however Committee
member George Burnell expressed his concern that there will be just as many questions in the
Spring and if we are ready to go forward with four schools in the Spring, we should be ready to
go forward with two schools this fall.
Mrs. Krieger reminded everyone that the Board would need to make a decision soon and that the
Board of Selectmen would be meeting on September 24 and October 1 and that a Summit
Meeting is scheduled for October 19.
Budget/Future Meetings Schedule
Board Members agreed that to meet the FY03 budget schedule it would be necessary to meet on
October 1, 15 and 29, November 5, 19 and 26, December 3, 10 and 17, 2001 and January 7,
2002.
Upon motion duly made and seconded, it was voted to set the date for the Town Manager's
submittal of the FY2003 budget on February 25, 2002.
Selectmen's Meeting— September 13, 2001
The School Committee, Appropriations Committee and Capital Expenditures Committee voted
to adjourn at 10:08 p.m.
Upon motion duly made and seconded, it was voted at 10:08 p.m. by roll vote: Mrs. Abbott, Mr.
Enrich, Mrs. Krieger, Mrs. McKenna and Mr. McSweeney to go into Executive Session for
discussion of a matter of contract negotiation with no intent to return to open session.
A true record, Attest:
Phyllis A Smith
Executive Clerk
Summit Meeting Minutes
September 19, 2001
A Summit meeting of the Board of Selectmen, School Committee and Finance Committees was
held on Wednesday, September 19, 2001 in the Commons 2 Cafeteria at the High School at 7:30
p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mrs. Abbott, Mr. McSweeney; Mr. White, Town
Manager; and Mr. Cohen, Town Counsel were present.
School Committee Chair Robin DiGiammarino announced that the School Committee took a
vote to recommend that the Board of Selectmen not call a Special Town Meeting in the Fall for
the elementary school project.
Upon motion duly made and seconded, it was voted to adjourn at 9:00 p.m.
A true record, Attest:
Norman P. Cohen
Town Counsel
Selectmen's Meeting Minutes
September 24, 2001
A regular meeting of the Board of Selectmen was held on Monday, September 24, 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. Lahey, Town Counsel and Ms. Smith,
Executive Clerk were present.
Public Comments
Perry Pollins inquired as to whether the debt exclusion override would be taking place this fall as
had been discussed at the Summit Meeting and if so, would it be possible to consider the Senior
Center at the time. Mrs. Abbott reported that the work on the Senior Center has been ongoing
and that she would report on that further as a Selectmen Liaison to the Siting Committee.
Mrs. Abbott read the following statement that was given at the Capital Summit Meeting on
September 19.
I regret to inform you that on Wednesday, September 19 at about 2 a.m. a Lexington family was
frighteningly awakened when a large piece of bituminous (paving) was thrown through the living
room window of their home. Because of the family's ethnicity, this incident is being investigated
by the Lexington Police as a possible hate crime.
The Board of Selectmen, the Fair Housing and Human Relations Committee, the No Place for
Hate steering committee and members of the school and municipal staff have offered support to
this family.
A motion was made that this statement become a resolution of the gathered citizens and was
unanimously adopted by the Board of Selectmen, the School Committee, the Appropriation
Committee and the Capital Expenditures Committee at their summit meeting on September 19,
2001:
Whether this was an act of random vandalism or a targeted attack, I ask that you join me in
condemning an act which caused terror, distress and property damage. Please be prepared to
assist as you may be asked, and to support this family with your outreach as they may need.
Lorraine Fournier asked for an accounting on the use of Town funds to support the No Place For
Hate Committee and other such committees. Mrs. Fournier also said if the Board wanted a letter
stating the request she would provide one. Mrs. Krieger asked that Mrs. Fournier submit her
request in writing.
Selectmen's Meeting— September 24, 2001
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 6/28/2001 (Cycle 9)
Commitment of water charges for 6/1/2001 to 6/30/2001
Commitment of sewer charges for 6/1/2001 to 6/30/2001
Adjustments of water charges for 6/1/2001 to 6/30/2001
Adjustments of sewer charges for 6/1/2001 to 6/30/2001
Local Official Bonds
$120,520.35
$3,006.76
$5,260.20
- $183,455.41
- $205,546.88
Upon motion duly made and seconded, it was voted to set the following Local Official Bond
amounts:
Town Treasurer - $190,000
Tax Collector - $180,000
Town Clerk - $8,000
Use of Battle Green —U.S. Army
Upon motion duly made and seconded, it was voted to approve the change in the date for use of
the Battle Green for a U.S. Army Change of Command Ceremony from May 4, 2002 to May 18,
2002 with a rain date of May 19, 2002.
Use of Battle Green — Lexington Minutemen
Upon motion duly made and seconded, it was voted to ratify a poll vote taken on September 21
to approve the use of the Battle Green on Saturday, September 22 from 9:00 a.m. to 11:00 a.m.
by a small group of the Lexington Minutemen to conduct a drill.
Keyspan Energy Delivery Grant of Location — Robbins Road
Keyspan Representative Francis O'Leary reviewed the petition, plan and orders for a grant of
location to install approximately 200 feet of 2' gas main in Robbins Road from the existing 2' gas
main in Robbins Road at House #66 north to provide gas service to house #75.
Upon motion duly made and seconded, it was voted to approve the petition of Keyspan Energy
Delivery to install approximately 200 feet of 2' gas main in Robbins Road, from the existing 2'
gas main in Robbins Road at house #66 north to house #75.
Selectmen's Meeting— September 24, 2001
Water /Sewer Rates for Fiscal 2002
Upon motion duly made and seconded, it was voted to approve the following rates for Fiscal
2002:
HCF
Water Rate
Sewer Rate
Total
1 -20
$2.03
$ 4.66
$ 6.69
21 -40
$2.82
$ 5.76
$ 8.58
41 -80
$3.52
$ 7.75
$11.27
81 & up
$4.60
$12.51
$17.10
Hanscom Air Base Water Rate - $3.34
Veterans Hospital Water Rate - $3.99
Mr. White informed the Board that a letter would go out to the taxpayers with a breakdown of
the rates as they relate to the PILOT.
Construction Update
DPW Director Bill Hadley updated the Board on the PAYT Program and will be coming back to
the Board at its next meeting with three months of hard data. There was discussion among Board
members about when to go to weekly recycling.
Mr. Hadley also updated the Board on the Depot Square Project, newspaper box vending
machine application process, road construction, the water main cleaning and lining project, and
the Battle Green obelisk restoration project.
Library Director Carol Mahoney updated the Board on the Library construction project with an
anticipated completion date of March 2003. Mrs. Mahoney also reported that a web site has
been set up giving weekly construction updates.
Planning Board Appointment Process
Mrs. Krieger reviewed the appointment process to fill a vacancy on the Board until the election
next March. The Boards went through the process three years ago. The position will be filled by
joint vote. There will be an opportunity for members of the Board of Selectmen and Planning
Board to conduct interviews. We hope to be able to select a new member at our next meeting.
So far two citizens have come forward. Karl Kastorf will be interviewed tomorrow at 5:00 p.m.
in the Planning Office and Charles Hornig will be interviewed sometime on Friday, September
28. The deadline for receipt of letters of interest is September 28.
Selectmen's Meeting— September 24, 2001
Use of Battle Green — Lorraine Fournier
Lorraine Fournier was present to review her request for permission to conduct rallies or
demonstrations on the Battle Green to protest the change in regulations regarding the use of the
Battle Green.
Upon motion duly made and seconded, it was voted to approve the use of the Battle Green from
4:00 p.m. to 6:00 p.m. on October 3, 10, 17, 24, 31, November 7, 14, 21, 28 and December 5,12
and 19, 2001.
Use of Battle Green — Lexington Minute Men
Board Members discussed the request from the Lexington Minute Men to conduct a Ceremonial
Muster on the Battle Green on Sunday, October 14 from 1:00 p.m. to 3:30 p.m. to honor the
memories of the victims of the September 11, 2001 tragedy. There was concern about the firing
of cannons during the Ceremony and it was decided to ask the Minute Men to use judgment and
to use wide publicity about the firing of the cannons.
Upon motion duly made and seconded, it was voted to approve the use of the Battle Green by the
Lexington Minute Men to conduct a Ceremonial Muster on Sunday, October 14 from 1:00 p.m.
to 3:30 p.m. with the recommendation that the neighbors be advised of the nature of the
ceremony.
Limousine License
Upon motion duly made and seconded, it was voted to issue a limousine license to Peter M.
Fusco d /b /a Fusco Ltd.
Executive Session Minutes
Mrs. McKenna indicated she had substantive changes to the Executive Session Minutes of the
meeting of August 27, 2001. It was decided to postpone approval of the minutes of August 27,
2001.
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
the meeting of September 13, 2001.
Release of Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the release of the executive
session minutes of the meeting of May 7, 2001.
Selectmen's Meeting— September 24, 2001
Selectmen's Rules & Regulations for Codification
Mrs. Krieger asked her fellow Board Members to review the existing rules and regulations of the
Board and give any recommended changes to the Executive Clerk for discussion at a future
meeting of the Board.
Selectmen Liaison Reports
Mrs. Abbott asked CoA Director Heather Sweeney to update the Board on the status of siting of
a new Senior Center. The work is ongoing and there has been a lot of studying and work done
particularly about the DPW site. Mrs. Abbott and Mr. McSweeney are working with the CoA on
the project.
Mr. Enrich gave two quick updates on matters relating to Hanscom. In light of the action on
September 11, Massport has cancelled scheduled meetings concerning both commencement of
the ESPR, formerly the GEIR, process and the vegetation management program concerning trees
interfering with safety zones. Both matters will be rescheduled. There are major changes at
Hanscom. It is clear that in substantial ways the world of aviation is changing. Mrs. McKenna
reported that she is receiving comments that there seems to be more noise in the center area since
the flights have commenced again.
Mrs. Krieger mentioned that the School Committee is forming a subcommittee to look into a
second swing space for the elementary school construction project. Mr. McSweeney has agreed
to represent the Selectmen on the subcommittee.
Upon motion duly made and seconded, at 9:55 p.m. it was voted to adjourn the meeting until
Tuesday, September 25 at 5:00 p.m. at which time the Board will vote to go into Executive
Session to participate in the screening of Planning Board candidates.
A true record, Attest:
Phyllis A. Smith
Executive Clerk