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HomeMy WebLinkAbout2001-04-BOS-minSelectmen's Meeting Minutes April 2, 2001 A regular meeting of the Board of Selectmen was held on Monday, April 2, 2001 in the Library at the Museum of Our National Heritage at 6:30 p.m. Chairman Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel; and Ms. Smith, Executive Clerk were present. Consent Agenda Arbor Day Proclamation Upon motion duly made and seconded, it was voted to sign a proclamation declaring April 27, 2001 as Arbor Day in Lexington. Mrs. McKenna agreed to read the proclamation at a tree planting ceremony on the 27 Resignation from Human Services Committee Upon motion duly made and seconded, it was voted to accept the resignation of Macy DeLong from the Human Services Committee. Economic Resource Guide Letter Economic Development Officer Joe Marino asked the Boards approval to send a welcome letter signed by the Chairman to be a part of the Economic Resource Guide. Board members made some suggestions on the content of the letter and agreed that it was a good addition to the Resource Guide and agreed that Mrs. McKenna would work with Mr. Marino on the final draft. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of January 22, 2001 as amended. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of the meeting of January 22, 2001. Appointment of Town Counsel Upon motion duly made and seconded, it was voted to reappoint the firm of Palmer & Dodge, LLP for a term to expire March 31, 2002. Selectmen's Meeting —April 2, 2001 Article Positions Upon motion duly made and seconded, the following votes were taken on the Articles for Town Meeting: Article 8 a) Town Building Envelope Program - $690,000 (Support 5 -0) b) DPW Equipment - $384,673 (Support 5 -0) c) Fire Vehicle— Rescue 1 - $159,050 (Support 5 -0) d) Pine Meadows Improvements - $230,000 (Support 5 -0) e) Landfill Closure - $100,000 (Support 5 -0) f) Morgan Road Water Tank Construction - $420,000 (Support 5 -0) g) Street Related Improvements - $1,000,000 (Support 5 -0) h) Playground and Recreation Facilities Impr. - $50,000 (Support 4 -1 (McKenna) i) Financial Software Upgrade - $425,000 (Support 5 -0) j) Printing Equipment— Indefinite Postponement (Support 5 -0) Article 12 School Technology Program - $800,000 (Support 5 -0) Article 13 School Capital Project - $100,000 (Support 5 -0) Article 14 Tree Planting - $50,000 (Support 5 -0) Article 17 Zoning By -Law, Section 2, Definitions (Opposed 5 -0) Article 18 Zoning By -Law, Section 3.2.2, Variances (Opposed 5 -0) Article 19 Zoning By -Law, Section 3.2.2, Variances (Opposed 5 -0) Article 20 Zoning By -Law Section 22, Off Street Parking & Loading (Support 5 -0) Article 22 Conservation Land Transfer (Support 5 -0) Article 27 Fund Post Retirement Health Insurance (Support 5 -0) Article 28 Accept Sections of MGL Chapter 59 (Support 5 -0) Article 30 Amend General By -Laws, Non - Criminal Disposition (Support 5 -0) Article 31 Amend General By -Laws, Non - Criminal Disposition (Support 5 -0) Article 32 Amend General By- Laws — Contracts (Support 5 -0) Article 34 Tree By -Law (No recommendation 4 -1 (McKenna) Article 35 Planning Board Membership Term (Support 5 -0) Use of Battle Green — Reenactment Rehearsal Mrs. McKenna reported that the Lexington Minute Men have requested permission to conduct the reenactment rehearsal on April 14 if it becomes necessary because of weather conditions. Upon motion duly made and seconded, it was voted to approve the use of the Battle Green on April 14 for the reenactment rehearsal by the Lexington Minute Men. Upon motion duly made and seconded, it was voted to adjourn at 7:50 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes April 4, 2001 A regular meeting of the Board of Selectmen was held on Wednesday, April 4, 2001 in the Library at the Museum of Our National Heritage at 6:30 p.m. Chairman Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna, Mr. McSweeney; Mr. White, Town Manager; and Mr. Cohen, Town Counsel were present. Class I License —Auto Engineering, 436 Marrett Road Upon motion duly made and seconded, it was voted to approve the application and issue a Class I License to Auto Engineering, 436 Marrett Road. Article 29 Adopt Code of Lexington Town Clerk Donna Hooper reviewed the process that was followed to arrive at a Code of Lexington's By -Laws and Zoning By -Laws. There was much discussion about the Table of Contents and the Index part of the Code. Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to support adoption of the recodification of the General By -Laws and Zoning By -Law as prepared by General Code Publishers as on file in the Office of the Town Clerk. Upon motion duly made and seconded, it was voted to approve the changes to the General By- Laws and Zoning By -Law as shown in the document on file in the Office of the Town Clerk. Noise By -Law Mr. McSweeney said he had met with Noise By -Law Committee members Julian Bussgang and Tony Galaitsis and that all of his questions had been answered. Vision 2020 Implementation Committee Charge and Membership Upon motion duly made and seconded, it was voted to adopt the following Charge to the Lexington 2020 Vision Implementation Committee: The Lexington 2020 Vision Implementation Committee will be stewards of the January, 2001 Status Report and monitor the implementation process. Focusing on the goals, objectives, and action items, they will identify priorities and those entities which have responsibility. The committee will not be involved in implementation directly, but will have ongoing interaction with appropriate town bodies around implementation steps. The committee will develop well - defined measures for tracking and a schedule for reporting on implementation progress. Selectmen's Meeting —April 4, 2001 The Implementation Committee will also keep larger constituencies engaged in the visions and goals, which belong to the entire community. Liaison, ongoing communication and periodic reporting will keep the visions fresh. Finally, the Implementation Committee is responsible for deciding when the entire visioning process needs to be re- initiated. The Implementation Committee will be composed of residents with a variety of perspectives. Term of service will be three years, and terms will be staggered for ongoing renewal of the committee. Total membership will be up to twenty including elected boards. Upon motion duly made and seconded, it was voted to appoint the following to the Lexington 2020 Vision Implementation Committee: Chuck Benson, 3 year term, Todd Burger, 3 year term, Helen Cohen, 1 year term, Peter Enrich, Board of Selectmen Rep., Ellie Epp, 3 year term, Sherry Gordon, School Committee Rep., Tom Harden, Planning Board Rep., Bernard Harleston, 3 year term, Alan Lazarus, 1 year term, Fred Merrill, 1 year term, Peggy Perry, 2 year term, Fernando Quezada, 2 year term, Tony Siesfeld, 2 year term, Nancy Wilson, 2 year term. Article Positions Article 21 Hartwell Avenue Rezoning— Support 5 -0 Article 23 Indefinite Postponement— Support Article 33 Noise By- Law — Support 5 -0 Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m. A true record, Attest: Norman P. Cohen Town Counsel Selectmen's Meeting Minutes April 9, 2001 A regular meeting of the Board of Selectmen was held on Monday, April 9, 2001 in the Library at the Museum of Our National Heritage at 6:30 p.m. Chairman Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith, Executive Clerk were present. Consent Agenda Dissolve 2020 Vision Steering Committee Upon motion duly made and seconded, it was voted to dissolve the 2020 Vision Steering Committee. One Day Liquor License Upon motion duly made and seconded, it was voted to approve the application and issue a one - day liquor license to Cary Memorial Library Foundation, Inc. for a fundraising event at Stonemeadow Golf Course on Saturday, June 9, 2001. Fortune Telling License Upon motion duly made and seconded, it was voted to approve the application and issue a fortune telling license to Dian Stanley d /b /a Psychic Corner, 401 Lowell Street. Auctioneer's License Upon motion duly made and seconded, it was voted to approve the application and issue an auctioneer's license to Metropolitan Antiques for an auction to be conducted at Heritage Hall on May 6 and 7, 2001. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of January 29, 2001. Article Positions Article 29 Adopt Code of Lexington —Mrs. McKenna indicated all of her questions were answered since she had a chance to read through the material the Town Clerk had given the Board at the last meeting and the index that was provided was very clear. She felt that since all of her concerns have been addressed she would like to change her vote to make it a unanimous vote of the Board in support of the Code. Selectmen's Meeting —April 9, 2001 Article 25 Sale of Land to Abutter —Board members discussed the value of the land with a no- build restriction versus its value with no restrictions. It was decided that the restriction is on the deed and thus would not preclude the Town from selling the restriction to the owner at some future time. Upon motion duly made and seconded, it was voted to support Article 25. Article 34 Tree By -Law - There was much discussion about whether to support the Tree By- Law as proposed by the Committee, the amendment being proposed by Mr. Wood that would take out the private sector parts, or whether to not take a position at all. Mr. Enrich indicated he was not inclined to change his mind on taking no position on the By- Law as proposed by the Committee. He also recommended the Board take the same position on the amendment. Mrs. Abbott indicated she remains in favor of the By -Law and would be inclined to reject the amendment. Mrs. Krieger supported not taking a position on the By -Law. Mrs. McKenna indicated support for the amendment. Upon motion duly made and seconded, it was voted 2 -3 (Mr. Enrich, Mrs. Abbott, Mrs. Krieger) to not support the By -Law as presented by the Tree Committee. Upon motion duly made and seconded, it was voted 2 -3 (Mrs. Abbott, Mrs. Krieger, Mr. Enrich) to support the amendment as presented by Mr. Wood taking out the private sector. Upon motion duly made and seconded, it was voted that if Town Meeting passes Mr. Woods amendment, the Board would support the amendment. Capital Expenditures Committee Capital Expenditures Committee Chair Tom Griffiths reported that the committee is opposed to Article 25 for two reasons: we don't see a public need for selling the land and second, it is not clear that it makes sense to sell the land at $12,500. Selectmen Liaison Reports Mrs. Krieger read the following announcement from Acting Fire Chief Peter Torode: MEMA announced this morning that volunteer assistance is available for residents. The type of assistance available is pumping out remaining water, removing wet wallboard and insulation, removing wet contents to the curb for disposal, power washing floors and walls where sewage problems occurred, sanitizing same. The work is prioritized by need (elderly, handicapped and medical needs, sewage caused and fixed incomes /single head of household). They also are looking for volunteers but they must be civic organization affiliated. Selectmen's Meeting —April 9, 2001 Upon motion duly made and seconded, it was voted to adjourn at 7:45 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes April 11, 2001 A regular meeting of the Board of Selectmen was held on Wednesday, April 11, 2001 in the Library at the Museum of Our National Heritage at 7:00 p.m. Chairman Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith, Executive Clerk were present. Verizon Grants of Locations Verizon Representative Dan Fitzgibbon reviewed four grant of location petitions for Woburn Street at Lowell Street, Lowell Street, Concord Avenue and Maple Street at Lowell Street. There was much discussion about the location, size, landscaping of above ground Air Vents proposed for each of the locations. The Town Manager proposed meeting with staff to develop guidelines and come back to the Board with standards for them to consider. Upon motion duly made and seconded, it was voted to adjourn at 7:40 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes April 23, 2001 A regular meeting of the Board of Selectmen was held on Monday, April 23, 2001 in the Selectmen's Meeting Room at 7:30 p.m. Chairman Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith, Executive Clerk were present. Public Comments Perry Pollins expressed concern about the length of time it is taking to build a new senior center; it has been on the back burner for years. He was reminded that the matter is on the Agenda for discussion and he was invited to stay for the discussion. Lorraine Fournier said last July 24, unattended structures were banned on the Battle Green and this Patriots' Day they had a platform truck, two bleachers and a podium on the Battle Green. When you pass by -laws or regulations, isn't it for the entire community, including the Town or is it just for the Christian community in the Town? I was very much offended by the structures on the Battle Green this Patriots' Day. I feel Christmas is much more of an important holiday for me than Patriots' Day, but I feel both are very important. I called Rick White last week and spoke to him on the phone and asked him why unattended structures were on the Battle Green. He said he would have to read the rules and regulations and get back to me. His secretary Marie McDonnell called me back and said he would be getting legal counsel before he would give me an answer on unattended structures. A couple of hours later he called me back and he told me that they were not structures; they were equipment used for the parade after getting legal counsel. Is that correct Mr. White? Mr. White replied not exactly. Not exactly, okay that is exactly as I remember it and I wrote it down. He told me getting back to me a couple of hours later that these structures that were on the Battle Green were not structures they were equipment that was used for the parade. The parade did not go up Mass. Avenue, the parade went down Bedford Street and turned left on to Harrington Street. It didn't even go by the bleachers. Not only that, the bleachers did not face Mass. Avenue, they faced the Battle Green so how could they possibly be used for the parade? If you got legal counsel on this before you called me, I think you were led astray. I believe that if you are going to have regulations and by -laws for unattended structures, it should hold true for everyone in the community, not just a few. I was very much offended by it and I think you owe the community an apology. Legal Counsel Bill Lahey replied that his reading of the rules and regulations is that when structures for this purpose are necessary and accessory to an authorized use it would be permissible. It is a very simple point. If there is an authorized use of the Green and if structures or equipment are necessary and accessory to the main activity or use, then that is permissible. Again, it is a standard conventional notion from land use and zoning. So, given what we are talking about here, it is my understanding we are talking about bleachers that were again Selectmen's Meeting —April 23, 2001 necessary and accessory to the reenactment celebration on Patriots' Day, that those were permissible and those were not unattended structures as defined or as meant in the rules and regulations. Mr. White asked to clarify the records. I did tell Mrs. Fournier through my Office Manager that I would like an opportunity to talk to Counsel before I gave her an answer so I could review it with Counsel. I did not happen to get in touch with Counsel until after I talked to Mrs. Fournier and I never represented to Mrs. Fournier that the answer I gave her was an answer from Town Counsel. I do believe the words I used was that it was equipment accessory to the parade and there is a parade in the morning that is largely the Town parade. Girl scouts, cub scouts, rainbow girls and all that march are key to the Town celebration. This is not dissimilar to the equipment that we put out on behalf of the celebration that you had. The platform that we put up on the Green the day before and took down the day after is different, it is not the same equipment, but it is similar. Minuteman Cane Award Upon motion duly made and seconded, it was voted to sign the Minuteman Cane Award recognizing Evelyn M. Nurre. Report from Representative Jay Kaufman on Hanscom and the State Budget Rep. Kaufman said he had two very brief comments. The first is the Transportation Committee will be hearing a bill this Thursday that I encourage you to weigh in on. It deals with zoning in the Hanscom area and tries to make sure there is no ambiguity. If it is not aviation related, it is under the communities' zoning regulations. Rep. Kaufman asked for support of House 1332. Upon motion duly made and seconded, it was voted to send a letter to the Transportation Committee in support of House Bill #1332. Rep. Kaufman also discussed the status of the FY2002 State Budget. There are many factors impacting the budget such as a very serious backlog of capital needs left unaddressed, the cost of the`Big Dig', the softening economy and the voter passed reduction in the State levy. The budget that has been released from the House Ways and Means Committee in terms of Chapter 70, Chapter 90 and in a whole host of ways is reduced from what the Governor has proposed. The House will be filing a series of amendments hoping to at least stave off some of the damage. Our education assistance is being dramatically cut to what it was back before the 1993 Education Reform Act. Mr. Enrich asked if this is the first time since Rep. Kaufman has been our representative that the House Ways and Means has proposed a smaller education reimbursement than the Governor has proposed. Rep. Kaufman replied yes. In 1993 it was $75 /student. Through action by the House that amount of money was increased last year to $175 /student. The Governor cut it down to $105 and then it was cut to $85 in the House budget. It will affect 160 communities. Selectmen's Meeting —April 23, 2001 Rep. Kaufman indicated he is more resolute than optimistic at what the House can do. The Senate President has announced not only the Governor's budget but the House budget is inadequate. This is a concern for next year's budget as well. Mrs. McKenna asked what might be done before Town Meeting concludes on May 14. Mr. White indicated that we will not find a resolution until well after Fiscal Year 2002 begins. Mrs. Krieger indicated it is premature to panic. We ought to be very cautious how we use Free Cash. Resignation from Fair Housing and Human Relations Committee Upon motion duly made and seconded, it was voted to accept with regret the resignation of Pat Taylor from the Fair Housing and Human Relations Committee. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of February 26, 2001 as amended. Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of March 26, 2001 as amended. Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of March 28, 2001. Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of April 2, 2001 as amended. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of the meetings of January 29 and February 26, 2001. Ubdate on Senior Center Social Services Director Heather Sweeney reviewed a proposed charge for a Council on Aging Subcommittee on Senior Center Siting Evaluations. The members of the Committee are Don Graham, Don Chisholm, Tom Ryan, Phyllis Rand and Marian Cohen. Mr. Enrich asked what the Boards role is in the process. We are not appointing the committee and not making the charge and the committee is reporting back to the Council on Aging. Where does the Board fit in? Selectmen's Meeting —April 23, 2001 Mr. White replied that with the exception of the Walgreen site there are a lot of questions that remain open, at least with the DPW site. We need agreement from the Board and Bill Hadley to pursue the site. The Munroe School site is technically under the control of the Town. The tenants have an at will lease arrangement. That site would be pursued only if the Board authorizes such an endeavor to take place. Mr. Enrich clarified his understanding. We are being asked for our support and understanding; we are not making anything available at this point. We are being asked for our willingness to release the site if everything is worked out. I really think we have had a good process to this point. I just want to be sure that as the CoA Subcommittee moves forward with it that they and we are sensitive to maintaining openness and focus on that process. Mr. Enrich asked if we have a basis of confidence that the full scope can be done within the $50,000 budget. Mr. White said we don't have an answer yet. Mr. Enrich asked where we are with respect to the owners of Walgreens. Mr. White said we still have to find if there is any interest in pursuing the site. We don't want to spend a lot of money on a site that may not develop. Mrs. Abbott indicated the Siting Committee felt that because the Walgreens site is such an open question it was important to put forward another site that was under the Town's control. Mrs. Abbott said as to the Boards involvement she has offered to continue to work with the group. Mr. McSweeney as liaison to the CoA will be working with them as well. Mrs. McKenna indicated that Mr. Enrich had raised some of her concerns. I agree that this has been a constructive process. Mrs. McKenna expressed several concerns: about the committee being only CoA people; that the Subcommittee is charged with assessing the legal feasibility of the sites; about the order of the steps in the charge; that the tenants of the Munroe Center don't feel they have had a real chance to make their feelings heard; that the motion of last yea's Town Meeting is very clear that before any site analysis or schematic design is undertaken, the Board or Committee having custody of the site must declare its intent to release the site for this use, and the CoA must agree to the site so proposed; and that we should have an answer to the Walgreen site before we go forward. Mr. McSweeney felt very comfortable with the process and the way in which the project has been handled. It is a very important project for the community. I felt the way the community was involved in the project was excellent. I know the subcommittee is very cognizant that it is not a lot of money; they will be careful in spending the money. I think it was the hope that the Munroe site was not going to be looked at unless the other two don't make it. Mrs. Abbott answered some further questions: the Harrington School was considered a desirable site but since it probably will not be available for 8 to 10 years, the Siting Committee felt that was too long to wait; and although most of the members are CoA members, it was felt that Tom Ryan was very generous to the Siting Committee with his planning expertise and we were happy that he is willing to be a member of the CoA Subcommittee. Selectmen's Meeting —April 23, 2001 Upon motion duly made and seconded, it was voted 4 -0 (Mrs. McKenna abstained as she felt the motion is not in compliance with the Town Meeting motion) to endorse and to declare the Boards intent to be prepared to use the sites that are in the Boards jurisdiction. Liaison Reports Mr. Enrich reminded the Board that this is the year in which the State legislature is doing a redistricting of the house and senate districts. The process is ongoing and I would suggest one issue is of real concern to us and that is that Lexington is divided into two senatorial districts and that has served us ill. I think we should make our view known that our concerns be recognized in the plans of redistricting; namely, that Lexington is of a size that should be in a single senatorial and a single house district. Upon motion duly made and seconded, it was voted to send a letter from the Board asking that consideration be given to Lexington's being redistricted into a single senate and house district. Mr. Enrich reported on developments relating to Hanscom. Shuttle America has filed for bankruptcy and has dramatically reduced the number of flights. Concurrently Massport has informed us of two additional carriers that have expressed interest; Midway is thinking of a modest number of flights between Hanscom and Raleigh Durham and PanAm is thinking of charter flights between Hanscom and the Cape and /or just the Islands. These plans will be presented at the HATS meeting in Concord. Massport plans on acting on the requests at their May meeting. The appeal of the FAA's action is on going; the appeal is proceeding in Federal court. We have filed our briefs and the other parties have filed briefs. The Commonwealth of Massachusetts is supporting our position. The case is tentatively scheduled for June. Finally, Massport has come to HATS and HFAC concerning vertical intrusions (trees) in air space. It involves thousands of trees in the Bedford forest. Mrs. McKenna publicly thanked the Town Celebrations Committee for all their efforts in making a wonderful Patriofs Day celebration. Mrs. Krieger reminded everyone that there are three more open sessions concerning the PAYT program. There have been a number of suggestions and enhancements recommended by the public. Mrs. Abbott reported that the Fair Housing and Human Relations Committee is very charged up after the affordable housing conference. Upon motion duly made and seconded, it was voted to adjourn at 9:08 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk