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HomeMy WebLinkAbout1999-09-BOS-min61-405 Selectmen's Meeting Minutes September 13, 1999 A regular meeting of the Board of Selectmen was held on Monday, September 13, 1999 in the Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mrs. Eddison, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town Counsel; and Ms. Smith, Executive Clerk were present. Public Comments Steven Tripi complained about the Board calling two elections within two weeks of each other next year and that he had been accused of costing the Town money for doing the same thing last year when he called for a referendum vote. Mr. Enrich explained that the reason for calling the two elections, one for the presidential primary and the other for the town election was to avoid any partisanship in the town election. There were four Board members that voted for the two elections for that very reason. Mr. White explained that this year the two elections were anticipated and therefore budgeted. The referendum vote last year was not anticipated and therefore was not budgeted. Town Meeting Member Janet Moran and Carol Batestone said the Lexington Christian Academy neighborhood was not given the opportunity to appeal a Board of Appeals decision regarding a special permit petition from Lexington Christian Academy to modify the number of parking spaces required by the Zoning By-Laws. Ms. Moran also said she had not received an answer to her May 21 letter to the Board concerning the conduct of a Board of Appeals hearing where the hearing was closed to further discussion by the neighbors but the applicant was allowed to give further comments. Mr. Enrich indicated that the Board had sent comments to the Board of Appeals and said he would look into the matter of a response letter to Ms. Moran. Consent Agenda Water/Sewer Billing Adjustments Upon motion duly made and seconded, it was voted to approve the following sewer and water billing adjustments: Adjustments of water charges for 5/1/99 to 5/31/99 -$2,209.09 Adjustments of sewer charges for 5/1/99 to 5/31/99 -$4,779.88 Adjustments of water charges for 6/1/99 to 6/30/99 -$10,037.41 Adjustments of sewer charges for 6/1/99 to 6/30/99 -$33,532.56 Use of Battle Green by Lexington Minute Men Upon motion duly made and seconded, it was voted to approve the request from the Lexington Minute Men to conduct a rehearsal for the reenactment on the Battle Green on Sunday, October 3 and Sunday, October 31, 1999 from 2:00 to 4:00 p.m. 61-406 Selectmen's Meeting - September 13, 1999 Proclamation - Mildred H. Gilman Day Upon motion duly made and seconded, it was voted to sign a proclamation honoring Mildred H. Gilman, recipient of the Laubach Literacy Annual National Patricia Crail Brown Award and set aside Wednesday, October 6, 1999 as Mildred H. Gilman Day. Conservation Restriction - 58 Solomon Pierce Road Upon motion duly made and seconded, it was voted to approve a conservation restriction on a portion of the lot at 58 Solomon Pierce Road. Metromedia/MFS Grant of Location Mr. Enrich opened a public hearing on the request of Metromedia/MFS for a grant of location for a large scale project of installing fibre optic conduit on the following streets as located on plans to be filed with the Town Clerk: Spring Street, Hayden Avenue, Waltham Street, Hartwell Avenue, Maguire Road, Bedford Street, Harrington Road, Massachusetts Avenue, Forest Street and Muzzey Street. Assistant Town Engineer David Carbonneau was present to answer questions from the audience and to request that the Board continue the hearing to its meeting on September 27 to resolve some outstanding issues that the Engineering Department has. Mr. Dan Schierer of 230 Waltham Street asked if there is a fund to provide for damage to shade trees because of the digging. Mr. Carbonneau said there was no fund but that the project has been reviewed with Park and Tree Superintendent Brian Gilbert and Mr. Carbonneau will be sure to raise the concerns of Mr. Schierer to Metromedia. Upon motion duly made and seconded, it was voted to continue the hearing to September 27 at 7:30 p.m. Resignations/Appointments/Reappointments - Lexington Scholarship & Education Board Upon motion duly made and seconded, it was voted to accept with regret the resignation of Kerry Brandon and Jeffrey Young from the Lexington Scholarship & Education Board. Upon motion duly made and seconded, it was voted to appoint Julie Duncan and Dr. Patricia Ruane to the Lexington Scholarship and Education Fund for terms to expire September 30, 2000. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the joint meeting of the School Committee and Board of Selectmen. Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of August 30, 1999 with the corrections from Mrs. Eddison and Mrs. McKenna being made. 61-407 Selectmen's Meeting - September 13, 1999 Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of the meeting of August 30, 1999. Economic Development Update Economic Development Officer Joe Marino reviewed the visitation element of his Business Retention and Expansion Program. Mr. Marino will be visiting approximately ten of the major taxpayers/employers. He will be accompanied by Mr. White and Mr. Enrich. Board members praised Mr. Marino for his efforts and offered several suggestions that he indicated he would follow up on. Selectmen Liaisons and Reports Mr. Enrich reported that Mrs. Krieger is traveling overseas in Egypt and will be back for the next Selectmen's Meeting. Mrs. Abbott reported that the Fair Housing and Human Relations Committee would be meeting and discussing the hate crime incident that occurred recently. In the meantime Mrs. Abbott indicated that the Committee and the Board of Selectmen had received many letters of support to the victims and she would be hand delivering them to the family. Mrs. Abbott also reported on her recent visit to Antony, France for the dedication of Place de Lexington. Mrs. Abbott brought back several gifts from Antony to Lexington and spoke of the wonderful experience shared by all who went to the dedication on September 5. Mrs. Eddison reported that she has sent a letter to the Boston Globe advising them they had failed to report on the historic nature of the Town of Lexington in their article concerning Hanscom in the Northwest Weekly. Mr. Enrich reported on the very favorable first response in excess of $2,000 to the Hanscom Litigation Fund. Upon motion duly made and seconded, it was voted to adjourn at 8:30 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk 61-408 Selectmen's Meeting Minutes September 27, 1999 A regular meeting of the Board of Selectmen was held on Monday, September 27, 1999 in the Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mrs. Eddison, Mrs. Krieger, Mrs. Abbott, Mrs. McKenna; Mrs. Crew Vine, Acting Town Manager; Mr. Cohen, Town Counsel; and Ms. Smith, Executive Clerk were present. Mr. Enrich called the meeting to order and indicated that the Board would be departing from the usual order of business to accommodate the schedule of Reverend Cohen who is here to review the recommendations of the Lexington Clergy Association concerning the display of the crèche on the Battle Green. There will be time after this discussion to hear from anyone who has an item not on the Agenda. Crèche on the Green Reverend Cohen explained the makeup of the Meeting Ground Committee that has been meeting over the past five months. The membership consists of three clergy, Helen Cohen of First Parish Unitarian Universalist, Chris Haydon of Trinity Covenant, and David O'Donnell of St. Brigid's; Howard Cravis of Temple Isaiah, Ingrid Klimoff of the Church of Our Redeemer, Michael O'Sullivan of the Knights of Columbus and Jonathan Doran of the Masons. Dr. Bernard Swain was hired to act as a facilitator to the group. The Committee, after much review, came to the unanimous conclusion that private citizens do have a right to have religious observances and displays on the common land within guidelines established by the town. The Committee then focused on the duration of the display on the Green and the hope that the group could reach a decision; however, Meeting Ground is unable at this time to propose a specific time period that everyone can live with. The Committee has, however, reached consensus on the following points: We embrace the growing religious diversity of our society as one of the great enriching features of American life in recent years. The U.S. constitution champions such diversity since, under the First Amendment, all religions are guaranteed the right of free religious expression; but no religion can enjoy the privileged status of government sponsorship. Public expressions or displays of religious beliefs on the Lexington Green are therefore constitutionally permissible when sponsored by private organizations. Therefore, the annual display on Lexington Green of a Christmas crèche owned and maintained by a private organization, the Ecumenical Committee, is appropriate. Those sponsoring such expressions or displays, however, also have a civic obligation to demonstrate their sensitivity to the beliefs and feelings of others in order to promote civic harmony. Therefore, during the 1999 Christmas Season, we recommend that the Ecumenical Committee should reduce its display of the crèche on the Green to a shorter period than in past years. We have not reached consensus on the specific length of time for that shorter period. We do agree, however, that the dates should not be chosen arbitrarily, but should be dates of some religious relevance to the observance of Christmas. 61-409 Selectmen's Meeting - September 27, 1999 We expect the Ecumenical Committee to institute this reduced time period on a trial basis. This reflects the understanding of the Lexington Clergy Association (LCA) and the Board of Selectmen that the permit of 5 November 1973, held by the Ecumenical Committee, is still valid. The members of LCA will be asked to undertake an active program within their respective congregations and within the community to promote the understanding of religious liberty, religious tolerance, and respect for the religious beliefs of all persons. As part of this effort, the Ecumenical Committee will prepare a statement of their involvement with this crèche. The LCA will seek the support of the Board of Selectmen to reconvene this committee to review this proposal in February of the year 2000. The Ecumenical Committee which is comprised of individuals who are members of either the Lexington Council #94, Knights of Columbus or Simon W. Robinson Lodge, Ancient Free and Accepted Masons, fraternal orders of Lexington, have agreed to voluntarily reduce the display of the crèche on the Green during the 1999 Christmas Season to a shorter period of three weeks. There was much discussion and questions from the following individuals concerning the length of the display, religious expression versus display of an "unattended structure", whether the display is allowed or not under the Constitution and use of another location in the proximity of the Green: Marilyn Mairson, David Kanter, Ken Reisch, David Kaufman, Michelle Abramson, Judy Boxer, Nancy Sofen, Julian Bussgang, Jane Sutton, Bruce Lynn, Gail Liebhaber, Charles Hornig, Stephen Tauber, Stephe Tripi, Rod Baltz, Geza Szonyi, Dr. Maddoff, Susan Elberger, Stephen McKenna, Frederick Trimhold, John Davies, Lynn Lees, Doris Traficante. Mr. Enrich expressed the appreciation of the Board to those who came to speak on what is a very difficult and painful issue. Mr. Enrich asked Board members whether they preferred to come to a decision tonight or have time to deliberate and postpone a decision to the next meeting. Board members agreed that they would like to discuss it more and make a decision at the next meeting. Public Comments Mrs. McKenna mentioned that she had received a call from some of the residents of Middlebury Road who were concerned about traffic. The matter has been forwarded to the Traffic Safety Advisory Committee. Mrs. McKenna also mentioned she had occasion to fill out a customer service card for work done by a Public Works crew. She thought it might be nice for all departments to use this approach to let them know how citizens feel they are doing. 61-410 Selectmen's Meeting - September 27, 1999 Consent Agenda Battle Green Guide Licenses Upon motion duly made and seconded, it was voted to issue Battle Green Guide Licenses for the remainder of the year to Jacqueline B. Davison and Bradley R. Parker. Selectmen/School Committee Tribute Upon motion duly made and seconded, it was voted to pay tribute to Brandon Drewek, a second grader at Harrington School who saved his mother's life by calling 911. Mrs. Abbott agreed to represent the Board and join with the School Committee in presenting the tribute at a School Committee meeting on October 5. Boston Edison Grant of Location - 29 Highland Avenue Boston Edison representative Carol McManus was present to petition for a grant of location for conduit to be installed to relocate the existing overhead electric service under the surface of Highland Avenue. Upon motion duly made and seconded, it was voted to approve the petition of Boston Edison Company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Highland Avenue: Install conduit, southwesterly, approximately 113 feet southeast of Bloomfield Street, a distance of about 16 feet. Boston Edison Grant of Location - Massachusetts Avenue @ Cedar Street Ms. McManus reviewed the petition from Boston Edison to relocate existing overhead electric service to underground to service 2184 Massachusetts Avenue. Upon motion duly made and seconded, it was voted to approve the petition of Boston Edison Company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Massachusetts Avenue: Install conduit - southerly, opposite Cedar Street, a distance of about 5 feet. Metromedia/MFS Grant of Location Continued Hearing Assistant Town Engineer David Carbonneau reviewed the planned route of Metromedia to install fibre optic cable underground. Right of Way Manager for MFS Network Technologies Mr. Fred Beaton reviewed the plans for installation. Mrs. Edison inquired whether shrubs along the bikeway would be replaced if necessary. They will be basically doing what the Bikeway Committee asks. They will be making a presentation to the Bikeway Committee. 61-411 Selectmen's Meeting - September 27, 1999 Mrs. Krieger inquired about the length of the project. At 400 to 600 linear feet per day, it will take approximately a couple of months to complete the 25,000 linear foot project. Mrs. McKenna inquired about insurance coverage and bonding. They do have extensive coverage for every job. Lexington will be an additional insured on the policy and the Engineering Division will review appropriate bonding requirements for the project. There were other questions about the route, manholes along the route for maintenance access, stubs being part of the plan, coordinating plans with other cabling being done, and provision of maintenance fees once the system is in. Both the Engineering Department and Metromedia request the Board to continue the hearing to October 18 to give them time to resolve one issue. Upon motion duly made and seconded, it was voted to continue the hearing until Monday, October 18 at 7:30 p.m. Proposed FY2001 Budget Schedule Mr. Enrich indicated that since representation from both the School Committee, Board of Selectmen and Finance Committees have been meeting regularly on the FY2001 budget process the Board should be approaching the Town manager's budget as part of that collaborative effort. The Town Manager's budget should be the capstone of the process. Therefore it is recommended that the Town Manager's budget be submitted at the end of February 2000. Mr. Hornig indicated that what makes that date acceptable to the finance committees is that the budget will be adopted by the end of February. Upon motion duly made and seconded, it was voted to set February 28, 2000 as the date for the issuance of the Town Manager's budget for FY 2001. Appointment to the Council on Aging Upon motion duly made and seconded, it was voted to approve the Town Manager's appointment of Leo P. McSweeney to the Council on Aging. Appointments/Reappointments Upon motion duly made and seconded, it was voted to make the following appointments: Cable TV and Communications Advisory Committee Reappoint Ted Mairson for a three-year term to expire September 30, 2002 61-412 Selectmen's Meeting - September 27, 1999 Condominium Conversion Board Reappoint Catherine H. Deans for a term to expire September 30, 2002 Reappoint Daniel J. Griffin, Jr. for a term to expire September 30, 2002 Design Advisory Committee Reappoint Karen Bechtel for term to expire September 30, 2000 Reappoint Stacey Bridge-Denzak for a term to expire September 30, 2000 Reappoint Bruce Creager for a term to expire September 30, 2000 Reappoint Barbara Hulsizer for a term to expire September 30, 2000 Reappoint Steven Hurley for a term to expire September 30, 2000 Reappoint Carl Oldenberg for a term to expire September 30, 2000 Reappoint Olga Veronina for a term to expire September 30, 2000 Reappoint Elizabeth Whitman for a term to expire September 30, 2000 Design Advisory Committee Associates Reappoint John Frey for a term to expire September 30, 2000 Reappoint Richard Friedson for a term to expire September 30, 2000 Reappoint Walter Pierce for a term to expire September 30, 2000 Appoint Terry Weschler for a term to expire September 30, 2000 Fair Housing & Human Relations Reappoint Ralph Clifford for a term to expire September 30, 2001 Reappoint Mary Haskell for a term to expire September 30, 2001 Appoint Jean Hibino for a term to expire September 30, 2001 Appoint Keng Nan Hsu for a term to expire September 30, 2000 Appoint Jedidiah Snyder for a term to expire September 30, 2001 Fence Viewers Appoint William Simmons for a term to expire September 30, 2000 Reappoint William Sullivan for a term to expire September 30, 2000 Gammel Legacy Trust Reappoint Lois Jenkins for a term to expire September 30, 2000 Reappoint Jacquelyn Ward for a term to expire September 30, 2000 Lexington Bicycle Advisory Committee Reappoint Harvey Bingham for a term to expire September 30, 2001 Reappoint John Frey for a term to expire September 30, 2001 Reappoint Robert Sawyer for a term to expire September 30, 2001 Reappoint Jerrold Van Hook for a term to expire September 30, 2001 61-413 Selectmen's Meeting - September 27, 1999 Lexington Center Committee Appoint Sheila Watson for a term to expire September 30, 2002 Reappoint David Williams for a term to expire September 30, 2002 Lexington Council for the Arts Appoint Alan Adolph for a term to expire September 30, 2001 Reappoint Fredi Blume for a term to expire September 30, 2002 Appoint Mary O'Brien for a term to expire September 30, 2001 Reappoint Barbara Williams for a term to expire September 30, 2002 Personnel Advisory Board Appoint Margaret Jemison for a term to expire September 30, 2002 Reappoint Evelyn Silber for a term to expire September 30, 2002 Police Manual Policy Committee Reappoint Chris Casey for a term to expire September 30, 2000 Reappoint Cleveland Coats for a term to expire September 30, 2000 Reappoint Edith Flynn for a term to expire September 30, 2000 Reappoint William Hays for a term to expire September 30, 2000 Reappoint Gerald McLeod for a term to expire September 30, 2000 Town Celebrations Subcommittee Appoint Ann Fretts for a term to expire June 30, 2000 Appoint Roberta Morgan for a term to expire June 30, 2000 Appoint Charles Price for a term to expire June 30, 2000 Town Report Committee Reappoint John Ayvazian for a term to expire September 30, 2000 Reappoint Kerry Brandin for a term to expire September 30, 2000 Reappoint Robert Morrison for a term to expire September 30, 2000 Reappoint Audrea Simpson for a term to expire September 30, 2000 Reappoint Zelda Sokal for a term to expire September 30, 2000 Reappoint David Tabeling for a term to expire September 30, 2000 Reappoint Jeanette Webb for a term to expire September 30, 2000 61-414 Selectmen's Meeting - September 27, 1999 Traffic Safety Advisory Committee Reappoint Edward Barsamian for a term to expire September 30, 2000 Appoint Susan Bottan for a term to expire September 30, 2000 Reappoint David Carbonneau for a term to expire September 30, 2000 Reappoint Steve Frymer for a term to expire September 30, 2000 Reappoint Richard Hudak for a term to expire September 30, 2000 Reappoint Myla Kabat-Zinn for a term to expire September 30, 2000 Appoint Myla Kabat-Zinn Chair of the Traffic Safety Advisory Committee Reappoint James Kilmartin for a term to expire September 30, 2000 Reappoint Ronald Marble for a term to expire September 30, 2000 Reappoint William Mix for a term to expire September 30, 2000 Transportation Advisory Committee Reappoint Donald Graham for a term to expire September 30, 2002 Reappoint Ben Turk for a term to expire September 30, 2002 Trustees of the Public Trusts Upon motion duly made and seconded, it was voted to rescind a Selectmen policy of applying a term limit to the Trustees of the Public Trusts. Reappoint Thomas Taylor for a term to expire September 30, 2005 Selectmen Liaison Reports Mrs. Abbott reported on a meeting of the Fair Housing and Human Relations Committee at which the hate crime was discussed. The family was very appreciative of the support given to them. The committee will be continuing discussions of this type of crime. Mrs. Eddison reported that the Center Committee is concerned about the apparent lack of interest of restaurants and fast food services with sidewalk café permits in keeping the sidewalks picked up. Upon motion duly made and seconded, it was voted to adjourn at 10:40 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk