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HomeMy WebLinkAbout2000-10-BOS-minSelectmen's Meeting Minutes October 16, 2000 A regular meeting of the Board of Selectmen was held on Monday, October 16, 2000 in the Selectmen's Meeting Room at 7:30 p.m. Chairman Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith, Executive Clerk were present. Public Comments Steve Tripi stated his objection to using taxpayer funds when the Clarke Middle School teachers marched the children during school hours to the Unitarian Church for the conference on "Respecting Differences ". Perry Pollins and Lorraine Fournier stated their objections to the context of the weekend seminar. Mr. Enrich responded that the Board is an endorser of the exhibit and are actively running the program called "No Place for Hate ". Mrs. McKenna indicated that since this is a School Committee matter, the Board members are speaking for themselves, not as a Board. Speaking for herself she is in support of the "No Place for Hate" campaign but is also concerned about spending taxpayer funds. Introductions DPW Director Bill Hadley introduced the six members of the DPW Management Team to the Board. They are Town Engineer Peter Chalpin, Superintendent of Public Building Maintenance Steve Hatch, Manager of Operations Brian Gilbert, Highway Superintendent Wayne Brooks, Water and Sewer Superintendent Ralph Pecora and Superintendent of Public Grounds Dave Pinsonneault. Mrs. Krieger introduced the new editor of the Lexington Minuteman Susan Bushey. Consent Agenda Drain Easement — 6 Douglas Road Upon motion duly made and seconded, it was voted to ratify a poll vote of the Board to sign a drainage easement on the property at 6 Douglas Road. Warrant for State Election Upon motion duly made and seconded, it was voted to sign the Warrant for the State Election on November 7, 2000. Boston Gas Grant of Location — Childs Road Boston Gas Representative Francis O'Leary was present to review the petition of Boston Gas Company to install 6" gas main in Childs Road to provide service to homes at #4 and #5 Childs Road. Selectmen's Meeting — October 16, 2000 Upon motion duly made and seconded, it was voted to approve the petition of the Boston Gas Company to install approximately 230 feet of a 6 inch gas main in Childs Road from the existing 6 inch gas main in Cedar Street at Childs Road easterly to house numbers 4 and 5 and that the work be conducted after 9:00 a.m. when the children are in school. RCN /Cablevision Joint Grant of Location Petition — Ryder Lane, John Benson Road, Battle Green Road and Powers Court Assistant Town Engineer David Carbonneau reviewed the joint grant of location petition of RCN /Cablevision for a pilot installation at four locations in Town. Mr. Carbonneau explained that the installation would only take place under a joint trenching agreement. The agreement had been reached; however, Cablevision now feels they want to be in control of all trenching. Mrs. McKenna expressed concern that the Town is waiving the provisions of Administrative Directive #8. Mrs. McKenna and Mrs. Abbott were concerned about what the sidewalks will look like after the construction. RCN representative Barry Mafini said RCN is interested in promoting good will with the Town and are willing to work with the Town to that end. As to extending a sidewalk, Mr. Mafini replied that within reason that is something they can work on with the Town. Mr. Carbonneau indicated that he anticipates they will be coming before the Board on additional streets in about one to two months. Upon motion duly made and seconded, it was voted to approve the petition of RCN and Cablevision as described in the amended order of conditions to install and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the following ways, together with the installation of overhead cables and related materials attached to utility poles and for permission to lay, install and maintain aerial cables, wires and related materials, underground conduits, manholes, handholes, splice boxes, underground cables and related materials, in the above or intersecting public ways, for the purpose of making connections with such poles and buildings as it may desire for distributing purposes along and across the following public ways: Worthen Road from pole 345/50 approximately 247 feet southwesterly to Number 125 and, Ryder Lane from Worthen Road approximately 492 feet southerly to end and, Winter Street from pole 149/25 approximately 85 feet northwesterly to John Benson Road and, John Benson Road from Winter Street approximately 922 feet northerly to Carriage Drive and, Minuteman Lane from pole 272/3 approximately 25 feet northerly to Battle Green Road and, Battle Green Road from Minuteman Lane approximately 469 feet northeasterly to end and, Paul Revere Road from pole 192/15 approximately 23 feet southerly to Powers Court and, Powers Court from Paul Revere Road approximately 347 feet southerly to end. Selectmen's Meeting — October 16, 2000 Traffic Safety Advisory Committee Mr. Carbonneau reviewed four miscellaneous traffic and parking regulatory items: Guard Rail at 110 Simonds Road Mrs. McKenna indicated she would not be voting on this request as she is representing the resident at 110 Simonds Road who could not be present at this meeting. This request is in response to several incidents in which vehicles have gone off the road into the yard at 110 Simonds Road. The Traffic Safety Advisory Committee and the police officer reporting one of the accidents recommend a guard rail at this location that would cost approximately $800 to $1,000. Mrs. Abbott asked whether a warning sign could be placed just before the sharp curve in the Road. Mr. Carbonneau felt it was a good suggestion. Upon motion duly made and seconded, it was voted 4 -0 to approve the recommendation of the Traffic Safety Advisory Committee to install a guard rail in front of 110 Simonds Road and to add a warning sign before the curve in the road. Modify No Parking Regulations — Worthen Road The Police and School Department have requested clarification of the No Parking zone at the west side of Worthen Road North of Baskin Road. The DPW/Engineering Division has reviewed the location and believes the proposed regulation maximizes parking while preserving the necessary sign distance for vehicles exiting Baskin Road. Upon motion duly made and seconded, it was voted to approve the recommendation to clarify the traffic regulations for the no parking zone at the West Side of Worthen Road North of Baskin Road. Modify No Parking Regulation — Baskin Road A request to modify the No Parking regulation on Baskin Road in front of Number 21 to allow a handicapped resident at that address to park in front of his house. Upon motion duly made and seconded, it was voted to approve the recommendation to install a handicapped parking zone in front of 21 Baskin Road. Parking Regulations — Town Office Building Complex A request to approve the parking regulations associated with the Town Office Building Proposed Parking Plan that will go into effect in two to three weeks. Upon motion duly made and seconded, it was voted to approve the parking regulations for the Town Office Building Complex. Selectmen's Meeting — October 16, 2000 Parkin F ines Police Chief Chris Casey reviewed proposed increases to the parking fines that would increase meter violations from $5.00 to $10.00 and Overtime/Restricted parking fines from $15.00 to $20.00. Chief Casey indicated that handicap space violations are not an issue and proposed keeping the fine at $50.00. Mrs. McKenna proposed postponing the effective date from December 1, 2000 to January 15, 2001. Mrs. Abbott and Mr. Enrich agreed with Mrs. McKenna's proposal. Upon motion duly made and seconded, it was voted to approve the increase in parking fines as proposed with an effective date of January 15, 2001. Senior Center Siting Committee Report Update Senior Center Siting Committee Representative Anne Ripley read a report on the progress of the Committee to meet its charge of proposing a minimum of two sites for further review. The committee is in the process of reviewing a narrowed down list of six sites: Town owned land on Worthen Road; Walgreens; private property on Concord Avenue; development of the Muzzey field; DPW/Bedford Street location; and Town owned land at North and Lowell Streets. Mrs.Ripley gave a brief list of the pros and cons of each site. Mrs. Abbott reported that the Committee will probably narrow the list to three sites and the Committee will be giving more analysis of the sites at that time. Town Office Building Complex Parking Plan Town Engineer Peter Chalpin reviewed final plans for the parking at the Town Office Building Complex for the next two to three years while the Library is housed at Cary Memorial Building. The Historic Districts Commission has given its approval for the temporary plans on the condition that restoration is made within 90 days after the Library vacates Cary Hall. The plan will be in operation by mid November. The plan will be well advertised in the Lexington Minuteman. Resignations /Appointments/Reappointments Upon motion duly made and seconded, it was voted to accept with regret the resignation of Bob Sawyer from the Lexington Bicycle Advisory Committee. Upon motion duly made and seconded, it was voted to make the following reappointments and appointments: Selectmen's Meeting — October 16, 2000 Board of Appeals Associates Reappoint Nyles Barnert for a one -year term expiring September 30, 2001 Reappoint Jacqeline Davison for a one -year term expiring September 30, 2001 Reappoint Elizabeth Sahatjian for a one -year term expiring September 30, 2001 Reappoint Carolyn Wilson for a one -year term expiring September 30, 2001 Appoint David Williams for a one -year term expiring September 30, 2001 Appoint Maura Sheehan for a one -year term expiring September 30, 2001 Communications Advisory Committee Reappoint Raul Marques - Pascual for a three -year term expiring September 30, 2003 Condominium Conversion Board Reappoint Marjorie Weerts for a three -year term expiring September 30, 2003 Design Advisory Committee Reappoint Karen Bechtel for a one -year term expiring September 30, 2001 Reappoint Barbara Hulsizer for a one -year term expiring September 30, 2001 Reappoint Steven Hurley for a one -year term expiring September 30, 2001 Reappoint Carl Oldenberg for a one -year term expiring September 30, 2001 Reappoint Olga Veronina for a one -year term expiring September 30, 2001 Reappoint Elizabeth Whitman for a one -year term expiring September 30, 2001 Design Advisory Committee Associates Reappoint John Frey for a one -year term expiring September 30, 2001 Reappoint Richard Friedson for a one -year term expiring September 30, 2001 Reappoint Walter Pierce for a one -year term expiring September 30, 2001 Reappoint Terry Weschler for a one -year term expiring September 30, 2001 Fair Housing & Human Relations Committee Reappoint Michelle Waters - Ekanem for a two -year term expiring September 30, 2002 Fence Viewers Reappoint William Simmons for a one -year term expiring September 30, 2001 Reappoint William Sullivan for a one -year term expiring September 30, 2001 Gammel Legacy Trust Reappoint Jacquelyn Ward for a one -year term expiring September 30, 2001 Lexington Center Committee Reappoint Morton Kahan for a three -year term expiring September 30, 2003 Personnel Advisory Board Reappoint Richard Evans for a three -year term expiring September 30, 2003 Reappoint Elmer Guilmartin for a three -year term expiring September 30, 2003 Selectmen's Meeting — October 16, 2000 Police Manual Policy Committee Reappoint Chief Chris Casey for a one -year term expiring September 30, 2001 Reappoint Cleveland Coats, Jr. for a one -year term expiring September 30, 2001 Reappoint Edith Flynn for a one -year term expiring September 30, 2001 Reappoint William Hays for a one -year term expiring September 30, 2001 Reappoint Gerald McLeod for a one -year term expiring September 30, 2001 Town Report Committee Reappoint Zelda Sokal for a one -year term expiring September 30, 2001 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of September 11, 2000. Liaison Reports Mrs. McKenna reported that the Town Celebrations Committee wanted to remind everybody they will be celebrating Veterans' Day on Saturday, November 11. The Museum of Our National Heritage will be hosting the ceremonies if it rains. Mrs. McKenna was also asked to emphasize that the Patriots' Day Reenactment will be on Monday. Mrs. McKenna indicated she received a call from the Chamber of Commerce asking for her help in urging Lexington citizens to consider holiday shopping in the center and thus support the local merchants. Mrs. McKenna also noted both from personal experience and observation how helpful the Historic Districts Commission members are to applicants. They have new guidelines and are under good leadership. Mrs. Abbott announced that "No Place for Hate" will be sponsoring a breakfast at which they hope to have 100 groups and organizations participating. Mrs. Krieger announced that the Town will be having its first waste collection for CRT's and TV equipment at the DPW site on Saturday, October 21. The collection is being sponsored by DPW and SWAT. Mrs. Krieger reported that the Planning Board has asked the Board to designate a representative to be on the Comprehensive Plan Advisory Committee. Mrs. Krieger said she would be happy to serve. Upon motion duly made and seconded, it was voted to designate Mrs. Krieger as the Board's representative on the Comprehensive Plan Advisory Committee. Selectmen's Meeting — October 16, 2000 Executive Session Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mrs. Krieger, Mr. Enrich and Mrs. Abbott to go into executive session for the purpose of discussion of a matter of litigation with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 9:45 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes October 30, 2000 A regular meeting of the Board of Selectmen was held on Monday, October 30, 2000 in the Selectmen's Meeting Room at 7:30 p.m. Chairman Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager and Ms. Smith, Executive Clerk were present. Mrs. Krieger opened the meeting and announced that Mrs. Eddison was out of Town and would not be returning until the first of December. Public Comments Fran Seldin asked the Selectmen to consider implementing a system for visiting nursing home residents and monitoring the condition of the facilities. Ms. Seldin reported on an inspection of nursing homes conducted by the Department of Public Health in which three homes in Lexington were found to deliver sub - standard care. East Village Rehabilitation and Nursing Center was rated in the bottom 6% of nursing homes in the State; Pine Knoll Nursing Center in the 25 percent and SunBridge Care and Rehabilitation in the bottom 4 %. Ms. Seldin also urged Lexington citizens to get involved in visiting the elderly in nursing homes. Lorraine Fournier again complained about the health curriculum in the public schools. Mrs. Abbott reminded Mrs. Fournier that it is a School Committee matter and should be taken up in that forum. Mrs. Fournier replied that the Board are supporters of respecting differences and if the Board can support what is going on in the school system, she should be able to speak about it at the Selectmen's Meeting. Verizon New England Inc Grant of Location — Brent Road Verizon Representative Dan Fitzgibbon was present to review a petition for a grant of location to provide underground telecommunications service to private property at 5 Brent Road. Upon motion duly made and seconded, it was voted to approve the petition of Verizon Communications to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Brent road. Starting at existing pole number 375/3 on the northerly side of Brent Road, place conduit in a northerly direction, a distance of 12 feet ( ±) to #5 Brent Road. Verizon New England Inc. Grant of Location — Scott Road & Concord Ave. Mr. Fitzgibbon reviewed a petition for a grant of location to provide upgraded telecommunications service to the neighborhood. Mrs. McKenna expressed concern about plans for an above ground structure in front of an old historic house and asked whether it could be placed elsewhere. Bill Kirby, owner of the historic house suggested a better location would be on Concord Avenue in a wooded area between two properties. Mr. Fitzgibbon indicated they could be flexible where it is placed. Verizon will come back at a future meeting with a new petition. Selectmen's Meeting — October 30, 2000 Verizon New England Inc. Grant of Location — Pleasant Street Mr. Fitzgibbon reviewed a petition for a grant of location to upgrade telecommunications service to the neighborhood. The State has already approved the part of the project that is on State property. The installation is a good size structure and Board members asked that the structure be screened. Upon motion duly made and seconded, it was voted to approve the petition of Verizon communications to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Pleasant Street. Starting at existing pole number 36, on the southeasterly side of Pleasant Street, place conduit in a southwesterly direction, then turning northwesterly, for a distance of 190 feet ( ±); also starting at existing pole number 27 on the southeasterly side of Pleasant Street, at a distance 210 feet from pole 36, place conduit in a northerly direction, a distance of 25 feet ± and with the condition that screening is provided. Boston Edison Grants of Location Boston Edison Representative Maureen Carroll reviewed four petitions of Boston Edison for grants of location as follows: Wood Street Petition for conduit to be installed to provide underground electric service to a new residential development. Mrs. McKenna inquired if the work had already been done in any of the four locations. Mr. Carbonneau thought conduit had been installed in Concord Avenue and Blossomcrest. Boston Edison will be pulling cable through and will not have to open up the streets again. He indicated it is difficult policing 5' runs in the public way and this is not a new problem. DPW has been working with the electrical inspector and the hope is that the contractor will be required to obtain a street opening permit and that the petitioning process would go through Public Works. Mrs. McKenna expressed concern about the abutter notification process on grants of location. It is the utility company that provides the Town with the list. On the Wood Street notification one abutter immediately adjacent to the property was missed. Mrs. Mckenna checked with the abutter and he has no objection to the grant of location. Mrs. McKenna also asked that the work on Wood Street be done between the hours of 10:00 a.m. to 3:00 p.m. Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Wood Street. Install conduit westerly, approximately 470 feet south of Conestoga Road, a distance of about 15 feet ±, at pole #115/30 and that work be conducted between 10 a.m. and 3 p.m. Selectmen's Meeting — October 30, 2000 Concord Avenue Petition for conduit to be installed to provide underground electric service to #121 Concord Avenue. Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Concord Avenue. Install conduit northeasterly, approximately 1023 feet southeast of Chadbourne Road, a distance of 14 feet ±, at pole #21/43. Blossomcrest Road Petition for conduit to be installed to provide underground electric service to #64 Blossomcrest Road. Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Blossomcrest Road. Install conduit northwesterly, approximately 375 feet southwest of Allen Street, a distance of 7 feet ±, at pole #186/16. Summit Road Petition to install conduit to provide underground electric service to #12 Summit Road. Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Summit Road. Install conduit easterly, approximately 300 feet north of Pinewood Street, a distance of about 3 feet ±, at pole #163/5. Street Opening Regulations Assistant Town Engineer David Carbonneau reviewed proposed street opening regulations that would balance the need for access to underground utilities in the public ways with the need to maintain the integrity and rideability of public streets. Engineering has had a number of requests to bend on the current regulations that prohibit elective excavation on any street that has been resurfaced within the last five years. Mr. Carbonneau asked the Board to consider his proposal and he would come back to the next meeting of the Board to answer any questions before drawing up formal regulations for adoption. Massachusetts Avenue Paving Update Based on concerns raised about the condition of Massachusetts Avenue, Mr. White reported on the plans for paving Mass. Avenue from Marrett Road to the Town office building complex; however it will not be done before Patriots' Day. Selectmen's Meeting — October 30, 2000 Pay As You Throw Committee Update Meriam Hill Board Representative on the Pay As You Throw Committee Paul Chernick gave a brief, information update on the findings of the Pay as You Throw Committee. They have reviewed environmental and economic issues of implementing a PAYT system. The Committee believes such a system has environmental benefits and feels it is more equitable. The committee has voted to reject a trash fee as the purpose is to reduce waste and increase recycling rather than saving money. Lexington currently pays $120 /ton. The Committee seems to be leaning toward recommending some form of a PAYT system. The Committee will be having a public hearing on November 15. Board members asked questions and further information on other communities' experience, funding availability to help with initial costs, and a timetable for implementation. Out of the Box Budget Items Update Mr. White reviewed a list of out -of -the -box budget items that had been reviewed and prioritized by school and town staff The staff settled on eight for further pursuit and hope to implement two to three of them: Hanscom Ambulance Service, Assessor - Revenue Office Consolidation, Electronic Records Management, Print Shop, Combining Transportation/Traffic/Parking, Bridge School Multi - Purpose Room, Cardboard Box Recycling Drop Off Area and Volunteer Coordinator. Mrs. McKenna noted two areas that keep resurfacing that are not on the list: consolidating the scheduling of meetings using computer software and computerizing a community calendar. Mrs. Abbott concurred that there is considerable citizen interest in a coordinated calendar. Strategic Planning Process Update Mr. Enrich reported that a draft status report on the entire strategic planning process has been circulated fairly widely. An executive summary has been sent to every committee and organization and to all town meeting members. We are presently in the midst of a public comment process. The first hearing was held on October 25 and a second one is scheduled for November 5. A cut -off date for comment is November 20. We hope to have a final report at the beginning of the New Year. We are going to be contacting several people in the community to validate the conclusions and goals that have been identified in the report. That is another way of testing against whether the conclusions reached represent the entire community's goals and values. Then we will be able to move on implementation of the recommendations. Selectmen's Meeting — October 30, 2000 One Day Liquor License Upon motion duly made and seconded, it was voted to approve the application and issue a one - day liquor license for a moving out festival at Cary Memorial Library, 2874 Massachusetts Avenue on November 18, 2000 from 7:00 to 10:00 p.m. Telephone Team Update Assistant Town Manager Linda Crew Vine reported on a reexamination of the Town office telephone system. As a result of the review, town staff recommended several measures to improve the use of the system. Resignations /Appointments/Reappointments Upon motion duly made and seconded, it was voted to accept with regret the resignation of Steve Hurley from the Lexington Center Committee. Upon motion duly made and seconded, it was voted to make the following appointments: Design Advisory Committee Appoint Sara Harkness for a one -year term expiring September 30, 2001 Design Advisory Committee Associates Appoint Bruce Creager for a one -year term expiring September 30, 2001 Gammel Legacy Trust Appoint Lillian McArthur for a one -year term expiring September 30, 2001 Lexington Council for the Arts Appoint Beck Sue Epstein for a term expiring September 30, 2001 Police Manual Policy Committee Appoint Patrick Fitzgerald for a term expiring September 30, 2001 Traffic Safety Advisory Committee Appoint Nijdeh Havan for a term expiring September 30, 2001 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of September 25, 2000. Selectmen's Meeting — October 30, 2000 Use of Battle Green Shhair and Save Our Heritage Upon motion duly made and seconded, it was voted to approve the request of Shhair and Save Our Heritage to conduct a press conference on the Battle Green on Thursday, November 2, 2000 from 9:00 a.m. to 4:00 p.m. Knights of Columbus Mrs. Krieger announced that the next item on the agenda was the request from Michael O'Sullivan and the Knights of Columbus to place the creche attended from December 3 to January 6 on the Battle Green. She pointed out that the discussion and changes in the rules and regulations adopted at the July 24 meeting made this request an impermissible use. The only events permitted by the regulations are those that last no more than 8 hours. This request for 35 days, 24 hours /day is clearly outside the limit of events permitted by the regulations. Grand Knight Michael O'Sullivan introduced Attorney Chester Darling who was present to represent the Knights of Columbus in the permit application. Attorney Darling suggested it would be prudent for the Board to approve the application as far as litigation is concerned. Mr. Enrich indicated he, for one, was not interested in reviewing the regulations. He stated that he believed the regulations would stand up in court. He asked Mr. Darling whether he would be interested in submitting a different application, which would comport with the rules such as a one day activity which could include a structure. He invited the applicants to amend their request in a way that the activity would fall within the scope of the Town's rules. He indicated that he believed the Board would look favorably on such a request. Mr. Darling rejected the offer and stated that the Board had no authority to reduce the time of the Advent of Jesus Christ and the Epiphany to one day. Mr. Enrich reiterated that what he said was that the Board would be happy to entertain an application for a celebration using the Battle Green for a limited period of time. The Board is not attempting to dictate the length of people's private celebrations of their religious ceremonies. The question is when and to what extent it is appropriate to use town land. The Board of Selectmen is charged with protecting and preserving the historic meaning of the Battle Green. Mrs. McKenna indicated she did not share the view that Mrs. Krieger had outlined nor with Mr. Enrich and she thought the application did apply if they intend to attend the structure. Mr. Darling cited the meaning of attended as cared for or administered to. Selectmen's Meeting — October 30, 2000 Mr. Enrich acknowledged that some people accused the Board of being anti - Christian when it adopted the amended rules. He said that could not be further from the truth. In his mind, the rules were intended to be a completely neutral attempt to address the problem of requests for inappropriate uses that came from a number of directions. He cited a request for a structure to be placed next to the creche last December which would have protested the placement of the creche on the Green, a request for a sukkah during the Jewish festival of Sukkot, a request for some sort of a monument to witchcraft during the weeks surrounding Halloween, and a request for a pyramid in honor of the Sun God Ra. He indicated that it is a function of the Board to preserve the hallowed space of the Green. The Battle Green is a historic battlefield which has to be protected and honored, and it is not an appropriate place for an endless barrage of privately sponsored displays for either religious, political, commercial or other viewpoints. Mr. Enrich indicated that he believed the Battle Green should continue to be a place for expression, for speech, for assembly and he could not recall the withholding of a permit for such purposes whether they be religious, political or otherwise. He noted that the decision to ban- structures for extended periods of time on the Green is a very different matter and that the Board should stand by the decision that was voted last summer. Following a number of comments from the audience, both in favor of and in opposition to the petition, Mrs. Krieger asked for a motion to honor the request from Michael O'Sullivan. Motion made by Mrs. McKenna to approve the request was not seconded and Mrs. Krieger announced that for lack of a second, the request was denied. Selectmen Liaison Reports Mrs. McKenna reminded everybody that there will be a Veterans' Day parade and celebration on the Battle Green on Saturday, November 11. It was agreed that Mrs. McKenna would send a letter to the Minuteman asking that they make note in a conspicuous place in the paper that the Town Celebrations Committee has not and will not be moving the reenactment next year to from Monday to Saturday morning. Mr. Enrich reported on litigation being filed by Shhair and Save Our Heritage against the FAA. The FAA after commencing a review process as required by Federal Law has apparently decided to short circuit that process. There is clearly going to be a legal action challenging FAA's unlawful conduct. Whether the Town wants to be a party to that litigation process, I think is something we should be doing in public. I would very strongly urge that we take a role under the Historic Preservation Act. There is no need to proceed with separate counsel. Shhair and Save Our Heritage have hired a lawyer who seems extremely talented who will represent the groups and the Town. We are looking for your authorization to be a party to the appeal. Mrs. Tiffany assured the Board that Shhair and Save Our Heritage expect to share all the costs. Selectmen's Meeting — October 30, 2000 Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mrs. Krieger, Mr. Enrich, Mrs. Abbott and Mr. White to participate in the suit being filed by Shhair and Save Our Heritage against the FAA. Executive Session Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mrs. Krieger, Mr. Enrich, and Mrs. Abbott to go into executive session for the purpose of discussion of a matter of litigation with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10:10 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk