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HomeMy WebLinkAbout2007-04-BOS-minSelectmen's Meeting April 4, 2007 A regular meeting of the Board of Selectmen was held on Wednesday, April 4, 2007 at 5:15 p.m. in Estabrook Hall. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Community Preservation Committee Presentations Article 26(e) Cultural Resource Survey Ms. Fenollosa explained that the Cultural Resource Survey is a nine - volume history of cultural resources in Lexington. It includes a building -by- building description of historically and architecturally significant homes in Lexington. She believes that houses in the inventory deserve a public hearing in connection with the Demolition Delay Bylaw. The purpose of the project is also to update incorrect or out of date information, which currently appears in the inventory. Mr. Kelley is concerned about the restrictions that this list might put on the property owners and thinks it is important to notify them. He does not support this article. After hearing Ms. Fenollosa's presentation, Mr. Burnell decided to support this article. Article 26(1) Muzzey Condominium Study In response to questions about his request for $53,500 to conduct a building evaluation study of the Muzzey High Condominium Building, Mr. Battin spoke about where funds might come from for repairs, and public versus private ownership of the building. Mr. Kelley suggested that the Town pay for 20% of the cost of the study, since that is the percentage that the Town owns, and the rest (approximately $43,000), should be paid for by the individual unit owners. Mr. Cohen supported the request for the full amount and noted that the Town has a vested interest in the Muzzey Condominium Building. It is a historically significant building and an important source of affordable housing. Article Positions The Board took a position on Article 23 — Petition General Court to Increase Income Limits for Property Tax Deferrals (Citizens' Petition), and decided to indefinitely postpone Article 18 — Accept MGL Chapter 32B, Section 18 (Medicare Extension Plans). Scenic Byway Working Group Appointments Upon motion duly made and seconded, it was voted 5 -0 to appoint Richard Canale and Marilyn McCall - Taylor as Lexington's two appointees to the Battle Road Scenic Byway Working Group. Selectmen's Meeting — April 4, 2007 Appointment — Alternate to Metropolitan Area Planning Council Upon motion duly made and seconded, it was voted 5 -0 to appoint Maryann McCall - Taylor as Lexington's Alternate Representative to the Metropolitan Area Planning Council for a term to expire October 25, 2007. Resignation - Fund for Lexington Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of David Walsh from the Fund for Lexington Board. Consent Agenda Use of Battle Green / Walk — StenitUll 2007 Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Lexington Global Warming Action Coalition to walk from Hastings Park on the sidewalks to the Battle Green and then around the Battle Green to the Minute Man statue on Saturday, April 14, 2007 at approximately 2:00 p.m. for their StepItUp 2007 rally. Approval is given provided that two police detail officers are present, and that no one walk on the Green, because it is being prepared for Patriot's Day. Use of Battle Green — Well of Living Water Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Well of Living Water Christian Fellowship and Ministries to use the Battle Green on Thursday, April 19, 2007, from 2:00 p.m. to 3:00 p.m. for a presentation of Pastor Jonas Clark's speech to The Minutemen on April 19, 1775. One -Day Liquor License — Shake it for Shelter Upon motion duly made and seconded, it was voted 5 -0 to approve the request of Shake it for Shelter for Saturday, June 2, 2007, from 7:30 p.m. to 12:00 midnight. Upon motion duly made and seconded, it was voted to adjourn at 6:07 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Budget Collaboration/Financial Summit 6 April 4, 2007 A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held on Wednesday April 4, 2007, at 6:00 p.m. in Estabrook Hall. Present: Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager, Ms. Chabot, Assistant to the Executive Clerk; Mr. Ash, Superintendent; Ms. Dunn, Assistant Superintendent; all members of the School Committee; all members of the Appropriation Committee, with the exception of Mr. Kennealy; and all members of the Capital Expenditures Committee. FY2008 Budget Update Report on the Proposed FY08 Budget for the School Department Mr. Valente received information from Representative Kaufman's office that afternoon regarding the State budget. The House and Senate have passed a joint resolution increasing Chapter 70 aid by approximately $600,000 over the Governor's proposal. Mr. Valente handed out a chart of Massachusetts Department of Revenue Division of Local Services FY08 Local Aid Estimates showing the Governor's proposal ($6,153,926) and the House and Senate resolution ($6,740,205), which is approximately $640,000 more than the number that Mr. Valente was currently using ($6,099,217). Mr. Valente said that over the next couple of days we will have some sense of how solid of a number this is, but it is significant that both Houses have agreed. On March 21, 2007 the School Committee voted to approve $69,756,487 as the FY08 Operating Budget and Financing Plan for Education, leaving a budget gap of $4.6 million. The School Committee will be meeting on Saturday, April 7, 2007 to discuss what will be on the at risk list. On April 10, 2007 there will be a TMMA information session on the budget. Funding of Unemployment Insurance Mr. Valente said that as the School Committee is working on the at risk list, there should be some estimate of the cost of unemployment insurance benefits. Mr. Ash reported that nothing in the document the School Committee voted on March 21 includes those funds. Mr. Valente explained that when the budget is presented on April 23 there would need to be a line item in the base budget that includes the increase for unemployment. Discussion of SPED Expenses and SPED Stabilization Fund The possibility of seeding a Special Education (SPED) Stabilization Fund in FY08 to put aside money for extraordinary SPED costs was discussed. Mr. Valente said that a portion of the additional State aid might be a source of funding for the SPED Stabilization Fund. He asked the School Committee to think about where we can identify funding for this purpose. Discussion of New School Revolving Funds Mr. Ash is seeking to have revolving funds for school athletic and transportation costs. Budget Collaboration/Financial Summit 6 — April 4, 2007 Discussion of FY07 Supplemental Budget Request Mr. Diaz presented the FY07 Financial Report for the period ending March 30, 2007. The projected deficit ($576,538) is due to the net change in Special Education and the Energy Budget for the School Department. Mr. Ash reported that the School Committee would be meeting with the Permanent Building Committee next week to discuss energy costs due to heating problems at Fiske School and Harrington School. Override Date and Form of Questions There was no decision on an Override Date and Form of Questions. Other Business Mrs. Krieger discussed future meetings. Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen's Meeting April 9, 2007 A regular meeting of the Board of Selectmen was held on Monday, April 9, 2007 at 6:00 p.m. in Estabrook Hall. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Consent Agenda Sidewalk Permit — Peet's and Bertucci's Upon motion duly made and seconded, it was voted 4 -0 to approve a sidewalk cafe permit for Bertucci's Restaurant, including the sale of alcoholic beverages, for the period of April 1 — October 31, 2007, under the conditions outlined by the Town Manager. Upon motion duly made and seconded, it was voted 4 -0 to approve a sidewalk cafe permit for Peet's Coffee and Tea, for the period of May 1 — October 31, 2007, under the conditions outlined by the Town Manager. Adjustments of Water /Sewer Charges Upon motion duly made and seconded, it was voted 4 -0 to approve the adjustments of Water /Sewer charges as follows: Adjustments of Water /Sewer charges for the period 2/1/07 to 2/28/07 - $124,992.21 Executive Session Upon motion duly made and seconded, it was voted by roll call 4 -0 to go into executive session at 6:10 p.m. for the purpose of contract negotiations and property considerations with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 6:10 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen's Meeting / School Committee Meeting April 10, 2007 A meeting of the Board of Selectmen and School Committee was held on Tuesday, April 10, 2007 at 4:00 p.m. in Estabrook Hall. Chairman Krieger, Mr. Cohen, Mr. Manz, Mr. Valente, Town Manager; Ms. Chabot, Assistant to the Executive Clerk; members of the School Committee, Mr. Diaz, Mr. Griffiths, and Ms. Coppe were present. Disposition of Additional FY08 State Aid Mr. Valente explained that there are two options for using the additional state aid: 1. Set aside some portion for Special Education (SPED) and give the rest to the Schools to lower the override. 2. Give the entire $640,000 to the Schools to use in their budgeting process. Mr. Diaz supports the second option. He said that SPED run -ups have forced a lot of programs onto the at risk list. Mrs. Krieger also supports the second option, given the unusual circumstance and size of the deficit. Mr. Cohen and Mr. Manz support the first option. Override Date / Date to Call for an Override Mrs. Kriger suggests that we put the Questions out on April 30 which would allow an override on Monday June 4 or Tuesday June 5th FY07 School Budget Shortfall Mr. Diaz reported that Mary Ellen Dunn, Assistant Superintendent, should have the amount of the shortfall in a day or so. The number should be in line with what was presented on April 4 ($576,538). The unpaid bill figure is $50,000 +. Mr. Valente said that two options to cover some of the shortfall are the Appropriation Committee reserve fund ($100,00), and free cash ($200,000). Mr. Diaz pointed out that a third option to help cover the shortfall could be the preventative maintenance account. Executive Session Upon motion duly made and seconded, it was voted by roll call 3 -0 to go into executive session at 4:55 p.m. for the purpose of collective bargaining with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 4:55 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen's Meeting April 11, 2007 A regular meeting of the Board of Selectmen was held on Wednesday, April 11, 2007 at 6:30 p.m. in Estabrook Hall. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Mr. Kelley attended the Permanent Building Committee meeting the night before. Also at the meeting was the project manager for the new schools, Mr. Hartigan, Mr. Griffiths, and the new Energy Manager hired by Mr. Hartigan. The architects and engineers confirmed that the air changes at the Harrington were properly set to code based on capacities of the rooms. They were not operating at three times greater than needed. In other respects the system is working well. In order to see energy savings, adjustments need to be made to the heating /cooling system depending on how many kids are in the school and also adjusting for summer time use. There was also a discussion of the geothermal system at Fiske School. The system is well designed and they expect to see considerable improvement with energy consumption. Mr. Manz believes the Board should move aggressively to publicize the fact that the Town can build buildings and that the Board needs to think about how can that be done without any finger pointing. Mrs. Krieger suggests a report for the April 23 town meeting. Lincoln Park Update Keith Johnson, representing Haley & Aldrich, Inc., provided an update to the Selectmen regarding methane gas mitigation alternatives for Lincoln Park. To correct the problem of gas migrating across Lincoln Street, they are recommending that the Town install a Perimeter Interceptor Trench with horizontal collector pipe and a membrane wall (passive ventilation). This system is highly effective and proven reliable for preventing lateral gas migration. It is a passive system which will avoid neighborhood impacts and the visual impacts are less than an active system. The cost is projected to be $475,000. The Department of Environmental Protection (DEP) has been involved since February 2003 and Haley & Aldrich, Inc. have been presenting information to DEP as requested. Discussion of the Alcoholic Beverage License Regulations Application to Package Stores Mr. Cohen has had conversations with a Lexington resident who would like to open a store whose main focus is the sale of alcoholic beverages, mainly wine and beer, in conjunction with the sale of prepared foods. The current package store regulations state that at least 75% of gross sales need to be from alcoholic beverages, which this store would not be able to meet. Mr. Cohen asked the Board if they would consider changing the regulation to reduce the percentage. Selectmen's Meeting — April 11, 2007 Mrs. Krieger felt the change could be controlled. Mr. Burnell had some concerns about opening the floodgates for a takeout establishment requesting a package store license. Mr. Cohen will look for information as to why the change was made originally and will come back to the Board with a suggested regulation. Consent Agenda Proclamation — 2007 Minuteman Cane Award Upon motion duly made and seconded, it was voted to approve and sign the 2007 Minuteman Cane Award Proclamation. Executive Session Upon motion duly made and seconded, it was voted to recess at 7:30 p.m. until after Town Meeting in order to have an executive session for the purpose of collective bargaining. A true record; Attest: Lynne A. Pease Executive Clerk Budget Collaboration/Financial Summit 7 April 12, 2007 A joint meeting of the Board of Selectmen, School Committee and Appropriation Committee was held on Thursday April 12, 2007, at 6:30 p.m. in Cary Auditorium. Present: Chairman Krieger, Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager, Ms. Pease, Executive Clerk; all members of the School Committee, with the exception of Mr. Sakhuja; Mr. Ash, Superintendent; Ms. Dunn, Assistant Superintendent; and all members of the Appropriation Committee, with the exception of Mr. Cole and Mr. Michelson. FY2008 State Aid Discussion The Legislators have indicated that the additional $640,000 in state aid for Lexington can be counted on. The Selectmen and School Committee discussed three options for the money: 1) put into Stabilization Fund for Special Ed; 2) let the Schools use the entire amount to help defray the override amount; or 3) divide the money between the schools and town 71/29. A majority of the Selectmen feel the additional State Aid should be used to defray the Schools override amount. Mr. Diaz mentioned that a bill has been submitted that would increase Lexington's Metco amount by 10% or approximately $140,000. Mr. Diaz is assuming that the same process will be followed as last year regarding any special education overruns. If there are any negative changes in revenue: 1) look for surplus; 2) discuss with the summit group the availability of free cash; 3) use any late breaking state aid, like $140,000 additional funding for Metco; 4) ask for appropriation from reserves; or 5) request funds from the stabilization fund. Upon motion duly made and seconded, it was voted 4 -0 to allocate the additional $640,000 in state aid money to be used by the schools ostensibly to keep the override as low as possible. The Appropriation Committee made the same motion and the vote was 5 -1 -1. Selectmen's Vote of Override Question and Date of Election The budget will be discussed at Town Meeting on April 23 and the DPW Building will be discussed on April 25. If the budget article is not finished on April 23 it would be continued on April 30. The Selectmen would have to vote the question(s) on April 30 in order to have the override on June 4. It was proposed that the override vote be on June 5, but no later. The School Administration has to inform those holding positions on the at -risk list by June 15, so asks that the date for the override be no later than June 5. Budget Collaboration/Financial Summit 7 — April 12, 2007 Consideration of Article 42 (FY2007 Shortfall) before Article 21 (Operating Budget) The group was asked if Article 42 should be taken up prior to Article 21. The Appropriation Committee would like to have the information for Article 42 available prior to voting on Article 21, but does not believe Article 42 needs to betaken up prior to Article 21. The Appropriation Committee did ask when information and numbers would be available and what numbers they expect might change. The School Committee passed out an information memo stating that the projected net school deficit for FY2007 is $603,231, which is composed of increased SPED ($522,744) and utility costs ($280,487). The Appropriation Committee asked if any changes needed to be made to the FY2008 budget. The Selectmen and Town Manager need to figure out how to cover the schools deficit. Town Meeting will need to vote whether to take up Article 42 prior to Article 21, but Selectmen will not have discussed or voted on their position at the time Article 21 is considered. The group feels it is most important to get information regarding Article 42 to Town Meeting, but do not want to reverse Articles 21 and 42. Executive Session Upon motion duly made and seconded, it was voted by roll call 5 -0 to go into executive session for a discussion of collective bargaining, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 8:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting April 18, 2007 A regular meeting of the Board of Selectmen was held on Wednesday, April 18, 2007 at 7:30 p.m. in Cary Auditorium. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Mr. Kelley does not think the Town should use the anticipated additional $640,000 in state aid unless it is a sure thing. He also feels the FY2007 school deficit should be discussed prior to finalizing the FY2008 budget. Town Manager Report Mr. Valente commented on the Patriot's Day weekend and the need to cancel the reenactment and parades. Many groups were involved in making the difficult decision and it was communicated to the public by providing information to LexMedia, the Town and Library web sites and on the Town phone. There was a very nice ceremony in Cary Hall in the morning to make all the special presentations. The weather on Monday turned out to be an emergency event for the DPW, Fire and Police who had to respond to many downed trees and wires and some flooding issues. Mrs. McKenna of the Tourism Committee was saddened that the Patriot's Day celebration events were cancelled without trying to follow the regulations that she stated were set up by prior celebration committee members in the event of inclement weather. She hopes the Selectmen will encourage a process to understand these policies and update them appropriately so that in the future decisions are made with all the facts. OPEB Study Mr. Steifel, Financial Risk Analysts, LLC, presented the results of the Other Post Employment Benefits (OPEB) Actuarial Study. The OPEB is the current value of benefits due to employees during their retirement, not including pensions. Under GASB -45, the Town will be required to calculate and report this liability on its balance sheet /annual financial statements. This study must be updated every two years. The Town, through special legislation, has the ability to reserve and invest funds to begin to fund this liability. Beginning in FY2009, the Town Manager is planning to recommend that the Town appropriate a minimum of $400,000 (Medicare D refunds) for this purpose. DPW Facility Mr. Himmel, Co -Chair of the Permanent Building Committee (PBC), had two comments to make prior to discussing the DPW Project. Selectmen's Meeting — April 18, 2007 Regarding energy issues at new schools: the PBC has copies of energy bills that have been reviewed at meetings that included representatives from the following groups: Selectmen, School Committee, school facilities, Energy Conservation Committee, the architect for the schools and his engineer, Town Manager, Clerk of the Works for the two schools, Project Manager from the schools and a consultant to the School Department on issues related to energy. There will be a short presentation at Town Meeting on April 23, 2007 on what was discovered. Regarding DPW Information, representatives of the DPW Facility Group will be available in the lobby prior to each town meeting to answer questions regarding the proposed DPW Facility, so urge Town Meeting members to come early. All handouts are also available on the DPW web site. Mr. Himmel updated the Selectmen on the DPW facility project, proposed current facility design, energy and sustainable design, project cost estimate and transition plan. Project Update The Team met and outlined goals, developed strategy to assess Town needs, reviewed program in detail and tightened up the overall plan and signed -off on the revised facility program and plan by users and Town Management on January 22, 2007. Proposed Current Facility Design The proposed design was shown which reduces the total footprint from approximately 81,000 GSF to approximately 71,000 GSF. Energy and Sustainable Design The proposed design will reach LEED (Leadership in Energy & Environmental Design) Silver status as directed by the Town. Energy consumption has been a major focus of this project utilizing energy modeling as a tool to create a more energy efficient facility. Sebesta Blomberg & Associates is the independent Commissioning Agent for the project and has completed the energy models. Project Costs Current project costs reflect work completed up to 50% of construction drawings and specifications. Hard costs include building construction, site work, demolition, industrial equipment including fuel island, vehicle wash system and salt and sand shed, Hazmat, construction escalation, and furniture, fixtures and equipment. Soft costs include A/E fees, legal fees, printing, project management, and a phasing allowance. Selectmen's Meeting — April 18, 2007 Contingencies include both construction costs and overall project costs, which are percentages of the hard and soft costs. The projected costs are: HARDCOSTS Building, Site & Contingency (2Q2007$) $20,700,000 Salt /Sand Shed (2Q2007$) 400,000 Hazmat 200,000 Escalation to 3Q2007 Bid 750,000 FFE & Communications 290,000 SOFTCOSTS Professional Services: A/E Commissioning, Legal, etc. $ 3,020,000 Lexington Prject Management 140,000 Phasing Allowance 200,000 CONTINGENCIES Construction $ 1,100,000 Proj ect 670,000 PROJECT COST $27,470,000 Transition Plan The Minuteman Regional High School may be able to help with the following transition: utilize 2 or more mechanical bays for fleet maintenance; use of rear parking lot for DPW operations; renting both construction trailers for staff and vehicle storage and possible inventory storage available. The remaining transition plan includes the forestry division relocated to the cemetery building; seasonal storage sheds and trailers relocated to compost facility; possible sharing of sand and salt site with Mass Highway at Forbes Road, possible use of former animal shelter for storage and office space, and land behind cemetery can be used for overflow. Mr. Kelley requested examples of current facilities that are using the green roof. He also asked about a roof structure for the vehicles stored outside. Mr. Himmel will provide the roof information and said the vehicle roof structure could be provided if desired. Upon motion duly made and seconded, it was voted 4 -1 (Mr. Kelley opposed) to approve the recommended DPW Facility and to move it forward to Town Meeting to request an appropriation of $25,180,000 for construction of the facility. Mr. Kelley made a statement as to why he is not voting to support the DPW facility. The process was supposed to include a well- defined commitment for a facilities management operation and the Selectmen and School Committee have not been able to come to an Selectmen's Meeting — April 18, 2007 agreement for that program. He is disappointed in the amount of space compromise that has been allowed and does not think any vehicles should be left outside. He is also concerned about minor pieces of project, like the green roof, he understands the value of but does not have any interest in being on the cutting edge. A majority of the Selectmen agree that a combined facilities maintenance organization needs to move forward, but feels that further meetings are needed to accomplish this result and it should not be coupled with the need to construct the DPW Facility. They also feel the proposed building is flexible enough to include the combined facilities maintenance when an agreement has been reached. The Selectmen thanked the PBC and the architect for working with the difficult time constraints and dealing with a large group. The building meets the needs of the DPW operations and the community and a majority of the Selectmen believe we need the building now. Exception Report Mr. Young, Budget Officer, provided the Selectmen with a summary of where the general fund operating budget expenditures were as of March 31, 2007. He provided a list of exceptions where any line item of the municipal budget is above the anticipated percentage expended through nine months or is significantly above previous year trends. The exceptions and the reasons for the exceptions are: Property & Liability Insurance — being analyzed but may be change in accounts DPW Personal Services — overtime for summer construction projects DPW Expenses — rental of temporary chiller for Library Law Enforcement Personal Services — new police officers being trained, extended sick time for another officer and an officer on administrative leave Fire/EMS Personal Services — increase in overtime Town Manager Expenses — need for labor attorneys has increased Town Clerk Personal Services & Expenses — additional Town Meeting/Election Various Budgets — natural gas bills are being monitored. To cover any exceptions, the Town Manager, Comptroller, Finance and Senior Management Team are in the process of creating a matrix to see what all needs are. There are various options: $400,000 in the Appropriation Committee Reserve Fund, $260,000 set aside in an operating reserve for FY2007, contractual settlements and wage settlements can be handled through the municipal salary adjustment fund and then there is the 3% rule set forth in the Massachusetts General Laws which allows the Selectmen in concert with the Appropriation Committee to jointly approve of transferring up to 3% from any line item to another line item with the exception of the schools or the light department. Selectmen's Meeting — April 18, 2007 Appointments/Resi n ation Human Services Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint Barbara Ciampa to the Human Services Committee for a term to expire on September 30, 2008 to fill the unexpired term of Matthew Cohen. Lexington Council for the Arts Upon motion duly made and seconded, it was voted 5 -0 to appoint Jan Goplerud to the Lexington Council for the Arts for a 3 -year term to expire on September 30, 2009. Design Advisory Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint Patrick Goddard to the Design Advisory Committee for a one -year term to expire on September 30, 2007. Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Parker Hirtle from the Design Advisory Committee, effective immediately. Article Positions Mr. Valente explained that at Town Meeting on April 23 it was likely that under Article 21 Line Items 1100, School Budget, and 2130, Health Insurance, would be separated out of the budget and taken up on April 30 to allow the municipal budget to go forward and provide time for the Appropriation Committee to review and comment on the School budget. Mr. Valente presented draft motions for Articles 21, Appropriate FY2008 Operating Budget, and Article 39, Establish and Appropriate to Specified Stabilization Funds, that will be mailed to all Town Meeting Members by Thursday. The Selectmen agreed that the motions should be mailed as presented. Mr. Kelley felt there should be a detailed explanation included with the motions as to why the school budget was being separated out. Article 39 will betaken up at Town Meeting prior to Article 21. The reason is to first establish the stabilization funds, then to appropriate money for the funds, and then to vote to use the funds in Article 21 where appropriate. Each of these votes at Town Meeting will require a 2/3's vote. Mr. Valente discussed the request to establish a stabilization fund for Section 135 of the Zoning By -Law for the purpose of financing public improvements. The by -law gives the Planning Board flexibility to impose conditions where the developer can provide a payment for public improvements. This fund would be used for improvements that required some analyses before a decision is made to do a project and having this fund provides the developer with a vehicle to make the payment to the Town and the Town will contract out the improvement using the funds provided by the developer. By putting money in a Selectmen's Meeting — April 18, 2007 stabilization fund the Town will have to anticipate needs for money and then request that it be appropriated at a Town Meeting. Mrs. McKenna requested that a written explanation regarding the Stabilization Fund for Section 135 of the Zoning By -law, and information on the funding that the Town receives from Avalon would be helpful to include with the motions being mailed this week. The Selectmen took positions and a majority support the following articles: Article 22 — Appropriate FY2008 Enterprise Funds Budgets Article 23 — Petition General Court to Increase Income Limits for Property Tax Deferrals. The Selectmen support the substitute motion proposed by the Tax Deferral and Exemption Study Committee Article 24 — Appropriate for Senior Service Program Article 36 — Appropriate for Public Works Facility Article 38 — Rescind Prior Borrowing Authorization Article 39 — Establish and Appropriate to Specified Stabilization Funds The Selectmen will take a position on Article 30, Appropriate for Battle Green Flagpole Maintenance, after they see the proposed resolution. The motion for Article 29, Appropriate for Recreation Capital Projects, which has already been approved by Town Meeting incorrectly shows the funding source to be from the tax levy and it should be from free cash. That article will have to be reconsidered to correct the funding source. Mr. Kelley has questions on Article 34, Appropriate for School Capital Projects and Equipment, that he would like answered prior to voting to support. Alcoholic Beverage License Regulations Applicable to Package Stores Discussion Mr. Cohen was contacted by a Lexington resident who would like to open a business in town with its primary focus on liquor, but would also sell prepared foods. He believes the owner will not be able to meet the 75% gross sales in liquor sales, which the current regulations state. Mr. Cohen asked the other Selectmen if they would consider a change to the current regulation to change the 75% to 50 %. A majority of the Selectmen felt they could support a change to the regulation. The Selectmen have control over who they give licenses to and in this case the applicant needs to receive a special permit from the Board of Appeals. The Selectmen would like to receive a copy of the Board of Appeals Special Permit and will vote the change to the regulation at a future Selectmen's meeting. Selectmen's Meeting — April 18, 2007 Consent Agenda One -day Liquor License — Sacred Heart/St. Brigid Parishes Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for Sacred Heart/St. Brigid Parishes Youth Groups for Friday, April 27, 2007, from 6:00 p.m. to 10:00 p.m. for a Spaghetti Supper to raise money for the youth group. Designate Scenic Byway Working Group as Special Municipal Employees Upon motion duly made and seconded, it was voted 5 -0 to designate Lexington's representatives to the Scenic Byway Working Group as Special Municipal Employees. Dissolve Middlesex County Hospital Ad -Hoc Committee and Senior Center Action Plan Committee Upon motion duly made and seconded, it was voted 5 -0 and with great appreciation to dissolve the following committees: Middlesex County Hospital Ad -Hoc Committee Senior Center Action Plan Committee Upon motion duly made and seconded, it was voted to adjourn at 11:05 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting April 23, 2007 A meeting of the Board of Selectmen was held on Monday, April 23, 2007, at 6:30 p.m. in Estabrook Hall in Cary Memorial Building. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mrs. Krieger will be attending MPO's TIP Input Day on Thursday to make a plea for funding of the Waltham Street and Marrett Road signal improvement projects. Youth Task Force Mr. Dentler, member of the Human Services Committee, described the study done in 2003 on mental health services in Lexington that showed that youth was most at risk and least served. In 2005 the Youth Services Council was formed and is still functioning. The Youth Task Force was formed through the Youth Services Council. Dr. Timothy Dugan, a practicing psychologist in Lexington, was introduced by Mr. Dentler. Dr. Dugan, member of the Advocacy and Planning Task Force, gave a presentation on Youth Services in Lexington that will also be presented at Town Meeting tonight. The goal is to give information about youth services in Lexington, which includes a history, current state, needs, and recommendations for the future. The purpose of this presentation is to increase awareness of youth needs; provide recommendations for future community -wide efforts and place youth services on next year's agenda. The good news about current youth services is the ongoing efforts distributed over town departments and the significant progress toward coordination of youth services. The bad news includes an erosion of youth services within school and town budgets which results in a weakened community safety net. Youth needs and services need to be addressed in the next budget cycle. The Task Force recommends having a Community Forum on Youth in the near future to develop a town -wide agenda for youth. Long -term recommendations include a Town Department of Youth Services. Members of the Advocacy and Planning Task Force include: Sandro Alessandrini, Laurie Atwater, Bill Blout, Jeff Drake, Timothy Dugan, Bill Kennedy, Hank Manz, Ellen McDonald, Deborah Strod, and Betsey Weiss. Members of the Human Services Committee include William Blout, Sarah Conklin, Norman Cohen (liaison), Robert Dentler, Lea Gardner Elkin, Pamela Joshi, Ellen McDonald, and Herbert Wasserman. The Selectmen believe that services for the youth of Lexington are an important issue and they plan to include the topic on their next goal setting agenda. Selectmen's Meeting — April 23, 2007 Lexpress Route Changes — Transportation Advisory Committee Ms. Arnold, Chair of the Transportation Advisory Committee, asked for approval of route adjustments to accommodate an extension to the new Met State Redevelopment off Concord Avenue. Upon motion duly made and seconded, it was voted 5 -0 to approve the following changes to Lexpress routes: Route 2: add Concord Avenue east of Plesant Street to Met State Redevelopment remove Hayden Avenue, including Lexington Lahey (shifted to Route 4) and Concord Avenue west of Waltham Street Route 3: remove Butterfield Road, Joseph Commee Road Route 4: add Hayden Avenue, including Lexington Lahey; Marrett Road east of Lincoln Street to Spring Street; and Spring Street, Hayden Avenue to Hudson Road; remove Cary Avenue, Hudson Road, Lincoln Street (south of Marrett Road), Middle Street, Normandy Road, Shade Street and Woodcliffe Road Energy Conservation Committee — DPW Facility Mr. Kropper, member of the Energy Conservation Committee (ECC), provided some comments on the proposed design process and current design of the DPW Facility. The ECC feels the DPW Facility was designed before energy issues were considered or assistance was sought from the utility programs. The building's energy design continues to evolve. Based on the ECC review: the lighting system will be very efficient; the heating, ventilation and cooling systems will be conventional designs; the heating /cooling of the vehicle storage area has been addressed; insulation levels have increased and the insulation of the windows has been increased. The ECC considers the building's energy design to be good, but not exemplary or at the leading edge of energy efficiency. The ECC looks forward to working with the Permanent Building Committee (PBC) to identify further savings. Mrs. Krieger challenges the ECC's premise and feels the DPW facility should have been and was designed specifically for DPW programs and for operating efficiencies. Mr. Sacks asked what the assumption for energy use in the facility is considering that energy costs will probably continue to go up. Mrs. Krieger stated that the operating costs have been significantly reduced from earlier models. Mr. Kropper feels that energy costs should fall and stabilize in the future. Mr. Himmel, Co -Chair of the Permanent Building Committee, stated that the PBC made a number of changes to make sure the proposed DPW facility would work for the client and they also tightened up on the square footage. The PBC is unclear what the charge of the ECC is and wants to see the ECC and PBC work on a better relationship between them. Selectmen's Meeting — April 23, 2007 Article Positions The Selectmen all support Article 25, Continue and Approve Departmental Revolving Funds. A majority of the Selectmen support Article 34, Appropriate for School Capital Projects and Equipment. Mr. Kelley would like to receive some information on school capital items by the end of the week. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 7:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting April 25, 2007 A regular meeting of the Board of Selectmen was held on Wednesday, April 25, 2007 at 6:30 p.m. in the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell, Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Manz said that when he approved the policy regarding signage removal at the February 26 Selectmen's Meeting, he didn't realize that it might include no longer painting the island around the Minuteman Statue, and the island at the corner of Harrington Road and Bedford Street. These should be painted for safety reasons. Mr. Valente agreed that this is a safety issue and will follow up. Mr. Kelley passed out an amendment to Article 36 that he will present as a minority report at Town Meeting that evening. Mrs. Krieger reported that the Air Force Research Lab at Hanscom Air Force Base will host a vintage aircraft flyover on May 8, 2007 at 4:30 pm. Public Comment Victoria Buckley gave an update on the work of the Commission on Disability. Jasmine Sola and the Upper Crust have made better access to their stores and CVS plans to do the same soon. Ms. Buckley also came to discuss her proposed report to Town meeting regarding sidewalk improvements. She asks that an addendum be made to the contract specifications, which would adopt the standard for smoothness set forth by the University of Pittsburgh study. Mr. Valente said that the current specifications for construction have to meet the Americans with Disability Act standards. Mr. Cohen suggested that Ms. Buckley get up and comment when Article 31 (g) & (h) comes up at Town Meeting that evening. DPW Facility Mr. Valente presented two options for financing the new DPW facility: 1. 100% of the project cost financed through the property tax. 2. Project cost allocated among general, water and wastewater funds. (General Fund share = 77 %; Water Fund share = 17 %; Wastewater Fund share = 7 %) Upon motion duly made and seconded, it was voted 5 -0 to adopt option two for debt financing. Selectmen's Meeting — April 25, 2007 FY07 Year End Transfers and Article 42 — Amend FY2007 Operating Budget Mr. Valente presented a memorandum regarding FY2007 Year -End transfers. As staff begins the process to close the Fiscal Year 2007, Town Meeting, the Board of Selectmen, and the Appropriation Committee will be asked to approve a series of budget transfers to enable line -item shortfalls to be addressed. These shortfalls can be funded through four mechanisms: Direct Line -Item Transfers under Article 42 2. Appropriation Committee's Reserve Fund 3. Municipal Salary Adjustment 4. Interdepartmental Transfer Regarding Article 42, Mr. Valente reported that the Schools received $103,000 in a Special Education circuit breaker payment. They are discussing the possibility of using it to reduce the shortfall ($625,538) for line item 1100 — Lexington Public Schools. The goal is to have the motion for Article 42 out on the table at Town Meeting on Monday April 30 th, and take it up on Wednesday May 1St Future Meetings The Board discussed future meetings. Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen's Meeting April 26, 2007 A meeting of the Board of Selectmen and School Committee was held on Thursday, April 26, 2007, at 5:30 p.m. in Cary Auditorium in Cary Memorial Building. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; Mr. Addelson, Comptroller; and Ms. Pease, Executive Clerk, were present. All School Committee members were present with the exception of Mr. Sakhuja; and Dr. Ash, School Superintendent. Article 42 FY 2007 Supplemental Budget Mr. Addelson, Finance Director, presented the proposed motion for Article 42, Amend FY2007 Operating Budget, which indicated several line items that needed adjustments. The bottom line is that $209,469 will need to be appropriated from the Unreserved Fund Balance. A majority of the Selectmen support the motion. Mr. Kelley needs additional information before supporting. Override Discussion Mr. Valente presented a draft of the two override questions and provided information from the Department of Revenue on the guidelines that have to be followed. The proposed questions are: Question 1: Proposition 2 '/z General Override Shall the Town of Lexington be allowed to assess an additional $3,981,589 in real estate and personal property taxes for the purpose of (defraying school department operating expenses)(funding the operating budget of the public schools)(funding operating expenses and building maintenance) for the fiscal year beginning July first, two thousand and seven? Question 2: Proposition 2 '/z Debt Exclusion Shall the Town of Lexington be allowed to exempt from the provisions of Proposition two and one -half, so called, the amount required to pay for the bond(s) issued in order to design, engineer, construct and equip a new Department of Public Works operations facility at 201 Bedford Street? The Selectmen requested that DPW be put in parenthesis after Department of Public Works. The School Committee and Superintendent prefer that the purpose be (funding the operating budget of the public schools). Mr. Kelley does not support the school question, but will support putting both the questions on the ballot. He believes there should be additional options for the taxpayers in the amount of support they want to give to the schools. Selectmen's Meeting — April 26, 2007 The School Budget will be discussed on Monday, April 30. If it is not completed on April 30, it will continue on May 1. The Selectmen have to vote the questions and sign the warrant no later than May 1. Executive Session Upon motion duly made and seconded, it was voted by roll call 5 -0 to go into executive session with the School Committee to discuss contract negotiations, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 6:15 p.m. A true record, Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting April 30, 2007 A regular meeting of the Board of Selectmen was held on Monday, April 30, 2007 at 6:30 p.m. in the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Special Permit — Noise — DPW Sewer Work on Oakmount Circle Mr. Flamang, Department of Public Works Engineering Division, presented the DPW's request for a Special Permit to waive provisions of the Noise By -law for sewer work on Oakmount Circle. The noise will be generated if a hydraulic impact hammer is used to remove ledge from the trench, which is to be excavated for a sewer main. Mrs. Krieger reported that the Noise Advisory Committee unanimously supports the Special Permit subject to the following conditions: 1. A week or two before the project commences, the DPW/Engineering Division shall notify in writing the abutters (identified in the Special Permit application) of the expected start date of the hydraulic impact hammer operation. 2. A week or two after the hydraulic impact hammer operation begins, the DPW/Engineering Division shall provide a written progress report to the abutters with an estimated schedule. Upon motion duly made and seconded, it was voted 5 -0 to waive the provisions of the Noise By -law only to allow for the work connected with the construction of the proposed sewer main on Oakmount Circle. Liquor License Transfer — 27 Waltham Street Chris Coleman, attorney for the applicant, and Chris Tai, proposed manager, presented the request of Fei Tang, Inc. d /b /a Teppanyaki Asian Cuisine for the transfer of the liquor license currently held by Peking Gardens Restaurant at 27 Waltham Street. The Board asked whether there would be an entrance at the back of the building to make the restaurant handicap accessible, and recommended that it be done. Mr. Coleman said he would make provisions for that. Upon motion duly made and seconded, it was voted 5 -0 to approve the application and issue a license for the transfer of an all alcohol liquor license from Peking Gardens to Fei Teng, Inc. d /b /a Teppanyaki Asian Cuisine, 27 Waltham Street, subject to completion of a CORI check. Selectmen's Meeting — April 30, 2007 Article Positions Mr. Poinelli, Permanent Building Committee, presented the Supplemental Funding Request for Harrington & Fiske Elementary Schools — Article 43 (b). The PBC is making a supplemental request for $500,000 to cover the following outstanding and anticipated costs: • Harrington — Settlement with the Contractor - $100,000+ (Reserve) • In -House Project Management Salaries through the end of September - $62,500 • Outstanding Legal Costs - $5,000 • Un- posted Technology and Furnishings Purchases - $50,500 • Outstanding Potential Change Orders - $22,300 • Additional Consultant Fees - $20,000 (Reserve) • Post Construction HVAC Testing and Balancing at Both Schools - $75,000 (Reserve) • Possible Handicapped Ramps at the East and West Sides of the School (end of Woodland Road path and path from Fiske Commons) - $75,000 (Reserve) • Final contingency for possible change order items as adjustments may be necessary as the school building is operated with children and faculty - $90,000 (Reserve) The PBC is committed to resolving these issues by September 30, 2007. The goal is not to spend all of the requested $500,000, but they need the reserve in case it is necessary. Mr. Manz asked Mr. Poinelli about the settlement with the contractor, outstanding potential change orders, and the increased off site water line. The Board unanimously supports Article 43 (b) — Appropriate for Authorized Capital Improvements (Supplemental Funding Request — Harrington and Fiske Elementary Schools). Acceptance of the Bathon Family Scholarship Fund — Trustees of Public Trusts The Trustees of Public Trusts has requested that the Board vote to accept the terms of the Bathon Family Scholarship Fund. Mr. Cohen expressed his appreciation to the Bathon Family for establishing this scholarship. Upon motion duly made and seconded, it was voted 5 -0 to accept the terms of the Bathon Family Scholarship Fund to be managed by the Trustees of Public Trusts. Consent Agenda William Diamond Jr. Fife & Drum Corps Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the William Diamond Jr. Fife and Drum Corps to use the Battle Green on Saturday, May 5, 2007, at 11:00 am to begin a Fife and Drum muster parade that will then walk west along Mass. Avenue, turn left on to Worthen Road and enter the nature trail. Necessary arrangements were made with the Police and Town Manager. Selectmen's Meeting — April 30, 2007 Executive Session Upon motion duly made and seconded, it was voted by roll call 5 -0 to go into executive session at 7:07 p.m. for the purpose of collective bargaining, with the intent to return to open session to go into recess until the end of Town Meeting, and resume open session in Cary Hall. The Board of Selectmen returned to open session at 11:25 p.m. in Cary Hall. Vote to Sign the Warrant for the June 5 Special Election Upon motion duly made and seconded, it was voted 5 -0 to call a special election for Tuesday, June 5, 2007. Upon motion duly made and seconded, it was voted 5 -0 to sign the warrant for the Tuesday, June 5, 2007, special election; and voted 4 -1 (Kelley opposed) to approve Question 1, and voted 5 -0 to approve Question 2, as they appear on the warrant. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 11:35 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk