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HomeMy WebLinkAbout1999-10-BOS-min 61-415 Selectmen's Meeting Minutes October 7, 1999 A special meeting of the Board of Selectmen was held on Thursday, October 7, 1999 in the Selectmen's Meeting Room, Town Office Building at 7:30 a.m. Chairman Enrich, Mrs. Eddison, Mrs. Krieger, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; and Ms. Smith, Executive Clerk were present. Bond Anticipation Notes and State Aid Notes Upon motion duly made and seconded, it was voted to approve the sale of a $2,250,000 4.00 percent Bond Anticipation Note of the town dated October 15, 1999 and payable February 15, 2000, to Fleet Securities, Inc. at par and accrued interest, plus a premium of$750. Upon motion duly made and seconded, it was voted to approve the sale of a $1,210,000 4.00 percent State Aid Anticipation Note of the town dated October 15, 1999 and payable February 15, 2000, to Fleet Securities, Inc. at par and accrued interest, plus a premium of$413.41. Proclamation - Dystonia Awareness Week Upon motion duly made and seconded, it was voted to sign a proclamation proclaiming October 10 to October 17, 1999 as Dystonia Awareness Week. Upon motion duly made and seconded, it was voted to adjourn at 7:40 a.m. A true record, Attest: Phyllis A. Smith Executive Clerk 61-416 Selectmen's Meeting Minutes October 18, 1999 A regular meeting of the Board of Selectmen was held on Monday, October 18, 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; Mr. White, Town Manager; Mr. Cohen, Town Counsel; and Ms. Smith, Executive Clerk were present. Creche on the Battle Green Mr. Enrich indicated the first order of business on the Agenda is the discussion of the status of the Ecumenical Committee's placement of the creche on the Green. At our last meeting three weeks ago Reverend Cohen on behalf of the Lexington Clergy Association presented the proposal by the Ecumenical Committee to shorten the time period for display of the creche on the Green to three weeks. Since that time, the Board has received quite a bit of mail and calls, more than on any other issue. Most of the comments have been sensitive, thoughtful and articulate. At the last meeting the Board was not ready to arrive at a decision. We wanted to think it through ourselves and allow an opportunity for input from the community. We have heard a lot, discussed a lot. All comments received have been shared with all members of the Board. Mr. Enrich asked that anyone who wished to comment keep their remarks to three minutes and that they try to maintain the tone and character and sensitivity of the debate. Several citizens spoke in favor of continuing the practice of allowing the creche to remain on the Green. Others felt it should be moved to church property near the Green. Michael O'Sullivan and Jonathan Doran representing the Ecumenical Committee who are custodians of the creche spoke of their offer to reduce the time it remains on the Green to three weeks. After public comments Mr. Enrich asked the Board members for their comments. A motion was made and seconded to permit the placement of the creche on the Green for the 1999/2000 Christmas season for a three-week period. Mrs. McKenna felt no matter what decision the Board makes, it will continue to be a divisive issue. She walked the Battle Green and found many references to religion. She indicated she will be voting in favor of the motion; however, she feels the Ecumenical Committee should come to the Board each year for permission. Mrs. Krieger indicated she had arrived at a similar conclusion to Mrs. McKenna in the context of the strategic planning process, that is establishing some guidelines that are acceptable to the entire community that can be used to make decisions. We need to find a solution that is going to be neither a complete ban nor a status quo. We have made some progress. We will be voting on a permit for one year only. The Meeting Ground Committee itself says it is not the optimal solution. It is a difficult issue. Mrs. Krieger felt she is prepared to approve the request this year for three weeks as proposed by the Ecumenical Committee and hopes for a resolution that is more acceptable to a majority of the community. 61-417 Selectmen's Meeting - October 18, 1999 Mrs. Abbott thanked Reverend Cohen and the Meeting Ground Committee for taking all comments very seriously. Mrs. Abbott feels the Battle Green is not just our Town Common but all America's as it is the birthplace of American Liberty. Placement of the creche on the Green is legally right but she does not feel we are meeting the spirit of the regulations. There is a rule and there is an exception to the rule in allowing the creche on the Green and that is the only exception to the Selectmen's rules. The creche is a symbol of peace but does not belong on the Battle Green. Mrs. Eddison also thanked the Meeting Ground Committee. She indicated she was going to vote for the motion. However, it has been made very clear by several people that we do have local rules that we have not been following. We will have to look at the rules again next year and hopefully come to a compromise on the issue. Mr. Enrich indicated he felt it is a very difficult decision and he is not happy with the options that are presented to the Board. His own feeling is that it is inappropriate, causes displeasure and alienation and gives a message that it has public endorsement. Based on his own judgment he would have to vote to reject the motion and to remove the creche from the Green. However, the Clergy Association has taken on a challenge and have listened very carefully and have come this far. My personal feeling is that the compromise is not adequate and misses the critical point. The Clergy Association will be bringing in a wider group and the hope is that a better solution than the temporary solution comes forward next year. It is not going to be easier next fall. Mr. Enrich indicated he would vote in favor of the motion. It was voted 4-1 (Mrs. Abbott voted in opposition) to give permission for the placement of the creche on the Battle Green for three weeks for the 1999/2000 Christmas season. Consent Agenda One-Day Liquor License Upon motion duly made and seconded, it was voted to issue a one-day liquor license to the Community Nursery School for a fund raiser at Sacred Heart Parish Hall on Saturday, November 6, 1999. Assistant Treasurer Local Official Bond Upon motion duly made and seconded, it was voted to fix the sum of the Assistant Treasurer Local Official Bond at $180,000. Hearings Metromedia/MFS Grant of Location Mr. Enrich opened a continued hearing and a new hearing on the petition of Metromedia/MFS for a grant of location for a fiber optic system in sections of the Town. Mr. Carbonneau indicated that the order governing the grant contains additional conditions proposed by the Board 61-418 Selectmen's Meeting - October 18, 1999 at the last meeting that stipulate a contribution of$150,000 to the Town, a surety bond in the amount of$250,000, a limitation on the footage of trench to be constructed under each street occupancy permit, coordination of joint trenches with RCN Inc. and other provisions to minimize traffic impacts and protect Town streets. Mr. Peter Pratt, Director of Market Planning for Metromedia was present to answer questions from the Board. Mrs. McKenna would like to see an alternate route that would avoid Harrington Road and other heavily congested streets in the Center. Mr. Enrich agreed that the Board would like to see if there are other alternatives to the route. Those portions of the petition from the Bell Atlantic property on Waltham Street to the intersection of Bedford Street and Harrington Road will be continued to the meeting on November 1. Upon motion duly made and seconded, it was voted to approve the petitions of Metromedia Fiber Network Services Inc., except those portions of the petition from the Bell Atlantic property on Waltham Street to the intersection of Bedford Street and Harrington Road, to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the public ways described in the petitions and Order of Conditions and shown in the accompanying plans. The public way or ways are: Bedford Street: From the intersection of Hartwell Avenue southerly to the intersection of the Minuteman Bike Path, a distance of approximately 6863 feet and, Bow Street: At the intersection of the Minuteman Bike Path transversely across Bow Street, a distance of approximately 30 feet and Fottler Avenue: At the intersection of the Minuteman Bike Path transversely across Fottler Avenue, a distance of approximately 30 feet and, Maple Street: At the intersection of the Minuteman Bike Path transversely across Maple Street, a distance of approximately 30 feet and, Woburn Street: At the intersection of the Minuteman Bike Path transversely across Woburn Street, a distance of approximately 30 feet and, Fletcher Avenue: At the intersection of the Minuteman Bike Path transversely across Fletcher Avenue, a distance of approximately 30 feet and, Station Way: At the intersection of the Minuteman Bike Path transversely across Station Way, a distance of approximately 30 feet and, Meriam Street: At the intersection of the Minuteman Bike Path transversely across Meriam Street, a distance of approximately 30 feet and, 61-419 Selectmen's Meeting - October 18, 1999 Hancock Street: At the intersection of the Minuteman Bike Path transversely across Hancock Street, a distance of approximately 30 feet and, Grant Street: At the intersection of the Minuteman Bike Path transversely across Grant Street, a distance of approximately 30 feet and, Revere Street: At the intersection of the Minuteman Bike Path transversely across Revere Street, a distance of approximately 30 feet and, Hartwell Avenue: At the intersection of the Minuteman Bike Path transversely across Hartwell Avenue, a distance of approximately 30 feet and, Westview Street: At the intersection of the Minuteman Bike Path transversely across Westview Street, a distance of approximately 30 feet and, Bedford Street: At the intersection of the Minuteman Bike Path transversely across Bedford Street, a distance of approximately 30 feet. Bedford Street: From the intersection of Worthen Road southerly to the intersection of Harrington Road, a distance of approximately 1240 feet. Maguire Road: From the Bedford town line southeasterly to the intersection of Hartwell Avenue, a distance of approximately 1770 feet and, Hartwell Avenue: From the intersection of Maguire Road northeasterly to the intersection of Bedford Street, a distance of approximately 2862 feet and, Waltham Street: From private property owned by New England Telephone & Telegraph Company, d/b/a Bell Atlantic (Assessor's Map 49, Parcel 30) southerly to the intersection of Hayden Avenue, a distance of approximately 9100 feet and, Hayden Avenue: From the intersection of Waltham Street westerly to Spring Street, a distance of approximately 4053 feet and, Spring Street: From the intersection of Hayden Avenue southerly to the Waltham city limit, a distance of approximately 1669 feet. Bedford Street: From the Minuteman Bike Path southerly to Worthen Road, a distance of approximately 3560 feet. Boston Gas Grant of Location - Waltham Street A representative of Boston Gas presented a petition for a grant of location to install 1,085 feet more or less of 4" gas main in Waltham Street. 61-420 Selectmen's Meeting - October 18, 1999 Upon motion duly made and seconded, it was voted to approve the petition of Boston Gas Company to install approximately 1,085 feet more or less of a 4" gas main in Waltham Street from the existing 4" gas main in Waltham Street northerly to the end. Boston Gas Grant of Location - School Street A petition from Boston Gas Company was presented for a grant of location to install 690 feet more or less of 6" gas main in School Street. Upon motion duly made and seconded, it was voted to approve the petition of the Boston Gas Company to install approximately 690 feet, more or less, of a 6" gas main in School Street from the existing 4" gas main in School Street @ Eastern Avenue southerly to end. Boston Gas Grant of Location - Lincoln Street A petition from Boston Gas Company was presented for a grant of location to install 755 feet more or less of 6" gas main in Lincoln Street to provide service to an upgraded heating system at the Temple Isaiah. Upon motion duly made and seconded, it was voted to approve the petition of the Boston Gas Company to install approximately 755 feet more or less of a 6" gas main in Lincoln Street from the existing 4" gas main in Lincoln Street southerly to the end. New England Telephone Company (Bell Atlantic) and Boston Edison Company Grant of Location - 65 Pleasant Street Bell Atlantic Representative Dan Fitzgibbon reviewed the joint petition of Bell Atlantic and Boston Edison Company for a joint grant of location for a pole installation to correct a safety issue to the home at 64 Pleasant Street. Mr. Frank Assortato who lives at 66 Pleasant Street expressed concern about his line of sight back down Pleasant Street and the location of the pole is at a point where Watertown Street intersects with Pleasant Street. Upon motion duly made and seconded, it was voted to approve the petition of the New England Telephone and Telegraph Company (Bell Atlantic) and Boston Edison Company to install poles, wires, cables and fixtures, including anchors, guys and other such necessary sustaining fixtures to be owned and used in common by the petitioners, along and across the following public way: Pleasant Street: On the easterly side of Pleasant Street, place new pole number 80/22-1XA, at a point that is 71 feet(±), east-southeasterly of pole number 80/22, which is located on the westerly side of Pleasant Street and such approval is contingent upon representatives of Bell Atlantic meeting with Mr. Assortato regarding his concerns involving sight lines. 61-421 Selectmen's Meeting - October 18, 1999 Boston Edison Grant of Location - 8 Summit Road Boston Edison Representative Carol McManus reviewed the petition of Boston Edison Company for a grant of location to provide underground electric service to 8 Summit Road. Mrs. McKenna asked that the street opening permit issued by the Engineering Department limit the hours so that the work is not done while children are going to and from school. 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 Summit Road: Install conduit northeasterly approximately 265 feet south of Follen Road, a distance of about 10 feet. Cable TV and Communications Advisory Committee Change in Committee Name and Charge Chair of the Cable TV and Communications Advisory Committee Jane Gharibian asked the Board to approve a name change and new charge for the Committee to reflect the work of the committee on all aspects of wired and wireless communication and data services to and within the Town. Upon motion duly made and seconded, it was voted to change the name of the Cable TV and Communications Advisory Committee to Communications Advisory Committee and to adopt the charge as prepared by the Committee. Committee Representative Steve Ellis asked the Board to approve an expenditure in the amount of$8,795 from the Cablevision fund for support of cable related activities. The expenditure will be used to purchase a replacement studio camera for the LHS TV studio. Upon motion duly made and seconded, it was voted to approve the expenditure of$8,795 from the Cablevision Fund to purchase a studio camera for the Lexington High School TV studio. Planning Board Transition Plan Mr. White and Planning Board Chair John Davies reviewed the Planning Board's Transition Plan for the Planning Office in preparation for the retirement of Planning Director Bob Bowyer on June 30, 2000. Mr. Bowyer will be concentrating on working with a consultant in developing a comprehensive plan. Mr. Garber will be the acting Planning Director and will assume the additional duties of the position. The plans are to hire an Assistant Planner as soon as possible to avoid any lag time. In addition there are 31 developments pending somewhere in the process between serious inquiry stage and analysis. Mr. Garber will also be dealing with those. This will be a process of trying to dovetail duties and tasks. 61-422 Selectmen's Meeting - October 18, 1999 Mrs. Eddison asked whether there was any chance of using an intern. Mr. White explained that Glenn had asked to hire an intern. That plan would be supplementing the Assistant Planner position, not obviating it. Mr. Enrich felt he was satisfied with the basic framework of the plan. Mrs. Abbott inquired about where the $20,000 to $30,000 would come from. Mr. White explained that there is a small amount left in the salary increase account. He also indicated he may have to come back and ask for a Reserve Fund transfer or for a supplemental appropriation. Mrs. McKenna indicated she has a problem with creating a new position and likened it to the hiring of the economic development officer. Town Meeting was told the $50,000 was to hire a consultant and there would be two professionals in the Department. Mr. Enrich indicated there are similarities with respect to this action and the Board's actions with the economic development officer. We had a problem and an opportunity. This is a challenge and an opportunity and it is exactly what we pay our senior staff to do. Be aware and take advantage of opportunities. Mr. Enrich indicated the Town is years behind on the comprehensive plan and Town Meeting agreed to expending funds to get it done. The timing and scope had not been worked out at that time. We now know that Mr. Bowyer is retiring June 30. Mrs. Krieger strongly endorsed the plan as one Selectmen who works with a number of programs that deal with Planning. It is an excellent proposal that takes advantage of the talents of people in the position and brings in new blood. Mrs. McKenna feels there is a problem going with a Reserve Fund transfer because the transition was not unanticipated. Mr. Enrich also felt this is different than the economic development officer position because it is a temporary solution only until the end of June. Mrs. Eddison wants to make sure that we take advantage of what is in Bob Bowyer's head. He should concentrate on the comprehensive plan. Mrs. Abbott also feels we should take advantage of Mr. Bowyer's good reputation throughout the country. Mr. Davies confirmed that this is the Planning Board's proposal and the Board is unanimously behind it. Mr. White indicated he and Mr. Davies will come back to present the management plan for development. Police Booth Police Chief Chris Casey and Design Advisory Committee Chair Steve Hurley discussed the offer of resident John Carroll to have a police booth constructed to replace the old telephone booth in the Center of Town. The booth was fashioned after a kiosk in Portsmouth New Hampshire and will provide the officer more space and hopefully will eliminate the need for the boxes outside of the booth. There will be a table top writing space to enable the officer to prepare his written report. The Design Advisory Committee has prepared the drawings. The 61-423 Selectmen's Meeting - October 18, 1999 booth is six sided and will be accessible from any direction. The booth will be 5 1/2 ft. in the interior compared to the 3' by 3' telephone booth. The plans will need the approval of the Historic Districts Commission. Mrs. McKenna expressed her support for the replacement of the telephone booth that provided more space and is more functional. She expressed a couple of concerns. It looks more like an information booth. The officer needs to be more accessible and enforcing the law, not as an information officer. The other problem is the sheer size of the structure. It should look more colonial rather than something that would be in New York. It has a copper top. Mrs. Krieger felt it is much better than a telephone booth and deferred to the recommendations of the Design Advisory Committee. Mr. Enrich and Mrs. Eddison also felt it is a great improvement. Mrs. Eddison expressed her concern that she hoped it is not to big. Mrs. McKenna asked if the Board could be provided with cost estimates of what it would cost to incorporate the box inside the booth. Charges Upon motion duly made and seconded, it was voted to adopt the charges for the Space and Building Needs Assessment Advisory Committee, the Tourism Advisory Committee and the Article 17 (Fletcher Avenue) Land Use Referral Committee. Upon motion duly made and seconded, it was voted to appoint the following individuals to the Tourism Advisory Committee: Betty Bohn, Kerry Brandin, Kathryn Fields, Edmund Grant, Arthur Katz, Marcy Quill, and Lawrence Whipple. Mrs. Eddison will chair the Committee on behalf of the Board. Lexington Historical Society The Lexington Historical Society Executive Director asked the Board for permission to dig approximately six to twelve 50 x 50 centimeter test pits on the Lexington Battle Green to verify the locations of structures standing on the Green on April 19, 1775. The purpose is to further identify the locations mapped out by penetrating radar used two years ago. They want to dig the test pits either late this fall or early next spring when the ground thaws. Mrs. McKenna felt the Board should ask the Historical Society to get in touch with Skip Hayward about the timing of the testing because of the celebrations planned for the year 2000. Mrs. Eddison also suggested that they might want to connect up with Mary Gillespie, a history teacher at the high school 61-424 Selectmen's Meeting - October 18, 1999 Upon motion duly made and seconded, it was voted to approve the request from the Lexington Historical Society to dig approximately six to twelve 50 x 50 centimeter test pits on the Lexington Battle Green to verify the locations of structures standing on the Green on April 19, 1775. Resignations/Appointments/Reappointments Upon motion duly made and seconded, it was voted to accept the resignation of Bret Kinsella from the Cable TV and Communications Advisory Committee. Upon motion duly made and seconded, it was voted to accept the resignation of Christine Dailey from the Retirement Board. Upon motion duly made and seconded, it was voted to appoint the following: Communications Advisory Committee Michael Greene for a term to expire September 30, 2001 Jennifer Taub for a term to expire September 30, 2001 Retirement Board Michael McNab for a term to expire September 30, 2002 Board of Appeals Associates Sara Chase for a term to expire September 30, 2000 Elizabeth Sahatjian for a term to expire September 30, 2000 (voted 4-1 Mrs. McKenna opposed) Design Advisory Associates Committee Sarah Harkness for a term to expire September 30, 2000 Town Report Committee Elena Volante for a term to expire September 30, 2000 Budget Schedule Mr. White presented a proposed schedule for Departmental Budget presentations for November 1, 8 and 22 and a joint meeting with the School Committee and Finance Committees on November 30 at 4:30 p.m. Newsletter Mr. White reported that the second large publication of the Selectmen's Newsletter will be going out before Thanksgiving. The Board has suggested reports on Strategic Planning, the FY2001 61-425 Selectmen's Meeting - October 18, 1999 Budget, Y2K, tax relief options expanded with the new circuit breaker law, the Library fund raising efforts, and the status of the Hanscom litigation. Mr. Enrich and Mrs. Eddison will be the Board's editors of the Newsletter. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of September 13 and September 27, 1999. Board Members Function as a Board Mr. Enrich reviewed two recent articles in the Lexington Minuteman and the way Board Members function as a Board. It is very important on the way individual members approach the media. Several statements made by one member of the Board appeared to represent statements of the entire board. We need to be very careful to avoid that impression. It affects internal relations within the Board when statements really do misrepresent the Board's positions. The first article concerned appointments to committees and gave the impression the Board gives preference to newcomers rather than people who have been serving and who have indicated they wish to be reappointed. It gives the appearance that a person is being reappointed because there wasn't somebody new to appoint. The second statement with regard to the improvements being made on the Green that the Town staff had directly disregarded orders received from the Board. The statement seriously misrepresented the facts and affects the working relationship between the Board and the Manager. We do not issue orders, we develop and adopt policies which we expect to be carried out. The framing of that statement really was problematic both with Board relations and our role between ourselves and the Town staff. It is important to make it very clear when we are giving our particular views and when we are reporting on a direct action taken by the Board in an appropriate and formal meeting. Mrs. Eddison indicated she has always felt that a Board member does not speak for the Board unless the Board has asked a member to speak for them. Upon motion duly made and seconded, it was voted to adjourn at 11:35 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk