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