HomeMy WebLinkAbout2007-07-BOS-min
Selectmen’s Meeting
July 9, 2007
A regular meeting of the Board of Selectmen was held on Monday, July 9, 2007 at 7:30 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.
Public Comment
Mr. Adler, Precinct 1, read an article in the Boston Globe stating that when Verizon changes
your service from DSL to FiOS they remove copper wiring in your home that would be needed
should you decide to switch back to DSL. He would like to know if Verizon could install fiber
optic service without removing the copper wiring. He also wanted to bring to the attention of the
Board the fact that he has not been able to get service on his street even though Verizon
promised a 100% build out of the community when they were applying for the license with the
Town. Mrs. Krieger will refer Mr. Adler’s questions and concerns to the Communications
Advisory Committee.
Hearing – Noise By-Law Special Permit – Sidewalk Reconstruction Project
Mr. Hadley, Director of Public Works, and Mr. Cannon, Assistant Town Engineer presented the
DPW’s request for a special permit to allow a waiver of the Noise By-Law in connection with
the sidewalk reconstruction project on Mass. Avenue between Waltham Street and the alley. Mr.
Galaitsis answered questions from the Board regarding the recommendations of the Noise
Advisory Committee. Mr. Bussgang, also of the Noise Advisory Committee, asked whether the
work could be done during the day, at the same time as the work on the Battle Green Inn, and
suggested that it might be less expensive. Ms. Hecht, 3 Forest Street, is concerned that she and
her family will not be able to sleep while the work is being done. Mr. Cannon explained that the
work needs to be done at night to lower the impact on abutting businesses and to avoid traffic
and safety related problems. Nighttime work is not necessarily more expensive when it is done
to expedite the project. Mr. Hadley said that the row of businesses will provide a buffer from
noise for nearby residences and every effort will be made to be respectful of those living nearby.
Upon motion duly made and seconded, it was voted 5-0 to waive the provisions of the Noise By-
Law to allow for limited nighttime work connected with the construction of the sidewalk on
Massachusetts Avenue between Waltham Street and the alley for a period of one month.
Hearing – New Wine/Malt Liquor License – 43 Waltham Street
Mr. Lee and Mr. Chow of Daikanyama Corporation presented the application for a new
restaurant wine/malt liquor license at Daikanyama Japanese Cuisine, 43 Waltham Street. The
Board of Appeals has approved the hours of Monday through Saturday 11:00 a.m. to 11:00 p.m.
and Sunday 12:00 noon to 11:00 p.m.
Selectmen’s Meeting – July 9, 2007
Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue a
new restaurant wine and malt liquor license to Daikanyama Corporation, d/b/a Daikanyama
Japanese Cuisine, 43 Waltham Street.
Traffic Safety Issues
Mr. Hadley, Director of Public Works, and Mr. Cannon, Assistant Town Engineer, presented the
request for Stop Signs on Ivan Street eastbound and westbound at Eldred Street. Traffic Safety
staff members comprised of Police, Engineering, Planning, and Transportation Services
reviewed the request and support the posting of Stop Signs.
Upon motion duly made and seconded, it was voted 5-0 to accept the recommendations of the
Traffic Safety Advisory Committee and install traffic signs at the Ivan Street intersection with
Eldred Street.
Mr. Hadley and Mr. Cannon presented a second traffic safety request regarding signage for
Parking Lot #6 off Edison Way. To facilitate access to the new parking area, the direction of
flow would be reversed in the alley bordering Dunkin Donuts from westbound to eastbound.
This will permit vehicles to enter Edison Way and access Parking Lot #6, if parking is not found
in the area behind CVS, without going out to Mass. Avenue. To achieve this objective, it is
proposed that a No Left Turn sign be posted on the corner across from Dunkin Donuts facing
Mass. Avenue and a Stop / Do Not Enter sign be posted on the Dunkin Donuts corner with a
Stop sign facing west. To maintain a one-way directional traffic flow on Edison Way, the exit
for Parking Lot #6 will be posted with a Stop / No Left Turn sign facing into the parking lot with
a Do Not Enter sign on the opposite side of the post. Staff members of the Traffic Safety
Advisory Committee reviewed the request and formulated the proposed traffic pattern and
signage.
Upon motion duly made and seconded, it was voted 5-0 to accept the recommendations of the
Traffic Safety Advisory Committee and change the flow of direction on the alley between Lots 3
and Lots 6 in order to allow movement into the Lot 6 parking lot.
Communications Advisory Committee Report
Mr. Buczkowski, Communications Advisory Committee, reported the Committee’s
recommendation that the Board approve the lease with LexMedia for the use of Kline Hall as its
new offices/studio and to amend the Town’s contract with LexMedia to provide up to $400,000
from the PEG Revolving Fund to finance the build out of Kline Hall. The Board reviewed the
lease, drafted by Town Counsel, and cash flow analysis for the PEG account, prepared by Mr.
Addelson, Finance Director.
Upon motion duly made and seconded, it was voted 5-0 to sign the lease agreement between the
Town and Lexington Community Media, Inc. for the use of Kline Hall.
Selectmen’s Meeting – July 9, 2007
Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to draft
an amendment to the LexMedia contract for the payment of $400,000 from the PEG Revolving
Fund for the build out of Kline Hall.
FY 2007 Year End Adjustments
Mr. Addelson, Finance Director, and Mr. Young, Budget Officer, presented the request for
approval of a series of budget transfers to enable line-item shortfalls to be addressed. A series of
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transfers have already been approved during the week of June 18, 2007. These transfers
included: $85,322 from the Reserve Fund (Line 2310); $37,456 from the Salary Transfer
Account (Line 8320); and $68,118 between various line-items via use of the 3% rule. A second
phase of year-end transfers is necessary for the General Fund to be closed properly.
Upon motion duly made and seconded, it was voted 5-0 to approve Reserve Fund transfers from
line-item 2310 in the amount of $50,000 to line-item 2150 Workers Compensation, and $25,000
to line-item 2170 Uninsured Losses.
Upon motion duly made and seconded, it was voted 5-0 to approve a 3% rule transfer as follows:
$113,000 from line-item 3100-35000 DPW Expenses to line-item 3100-3500 DPW Personal
Services.
Lincoln Park Methane Gas Mitigation
Mr. Hadley, Director of Public Works, and Mr. Cannon, Assistant Town Engineer, presented
three passive system options the Department of Environmental Protection is likely to accept for
addressing the methane gas problem. Based on a previous meeting, it was decided to eliminate
consideration of active gas collection systems given their long term operating and maintenance
costs and adverse impacts to the neighborhood from noise. The passive system options under
alternative two were retained and compared. The DPW has reviewed these options with Keith
Johnson, consultant, Haley & Aldrich, Inc. Mr. Hadley reported that Town Meeting approved
$550,000 for this project. Mr. Kelley believes that this is a relatively minor problem, which
could be taken care of with a simpler and less expensive system. Mr. Burnell questioned to what
degree the passive system would be effective.
Upon motion duly made and seconded, it was voted 3-2 (Kelley and Burnell opposed) to approve
Option 2C (Cement/Bentonite Barrier) for the Lincoln Park methane gas mitigation.
Artwalk Proposal
Mr. Herold, Director of the Munroe Center for the Arts, and Mr. Rossi and Ms. Hart of the
Lexington Arts and Crafts Society, presented the proposal for an Artwalk in May 2008. Based
on the Artwalk held in 2004, the proposed 2008 project is two weeks of fine art and crafts
exhibitions in commercial, Town, non-profit, and public spaces in Lexington. The project will
start off with an initial weekend of events (May 16, 17 & 18) including painting and craft making
Selectmen’s Meeting – July 9, 2007
outdoors, performing arts, open studios, poetry, and film. Exhibitions begin that weekend and
remain up for two weeks through the weekend of May 31 – June 1.
Upon motion duly made and seconded, it was voted 5-0 to support the Artwalk concept and
dates, and recommend that organizers continue to work with Town staff.
Common Carrier Licenses – Lexpress and Liberty Ride
The Board reviewed the application of Joseph’s Limousine for Common Carrier Licenses for
four (4) Lexpress buses, and one (1) Liberty Ride bus/trolley driving around Town. CORI
requests have been submitted for six (6) drivers.
Upon motion duly made and seconded, it was voted 5-0 to issue Common Carrier Licenses for
four (4) Lexpress buses and one (1) Liberty Ride bus/trolley to Joseph’s Transportation, Inc., 44
James Street, Medford, MA subject to all vehicles being inspected by the Police Department, and
to satisfactory CORI reports on each driver.
Review of Selectmen’s FY2007 Goals
The Board reviewed the status of FY2007 goals in anticipation of beginning the goal setting
process for FY2008-2009. Mrs. Krieger was pleased to report that the Board has made a lot of
progress this year.
Selectmen Appointments, Resignations and Reappointments
Fund for Lexington Board
Upon motion duly made and seconded, it was voted 5-0 to appoint Alan Wrigley to the Fund for
Lexington Board.
Town Celebrations Subcommittee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Paul
Campbell from the Town Celebrations Subcommittee, effective immediately.
Transportation Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Diane
Pursley from the Transportation Advisory Committee, effective immediately.
Community Preservation Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Joel Adler, Norman Cohen,
and Richard Pagett to the Community Preservation Committee for a two-year term to expire on
June 30, 2009. (Mr. Cohen abstained with regard to his own reappointment)
Selectmen’s Meeting – July 9, 2007
Town Manager Appointment
Commission on Disability
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
appointment of Janet Perry to the Commission on Disability.
Tax Increment Financing – Policy Issues
In light of Shire’s request for a TIF, should it locate its manufacturing operations in Lexington,
Mr. Valente requested that the Board begin to discuss under what conditions, if any, it will
consider recommending a TIF to Town Meeting. Ms. Yanofsky, Economic Development
Officer, reviewed with the Board draft guidelines and eligibility criteria for Tax Increment
Financing proposals. After some discussion, Ms. Yanofsky offered to come back to the Board
with broader language for eligibility requirements.
Consent Agenda
LexMedia – Second Performance Evaluation
Upon motion duly made and seconded, it was voted 5-0 to approve the letter to LexMedia
regarding their second performance evaluation for the period October 1, 2006 to September 30,
2007.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of June 18, 2007.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of June 18, 2007
Executive Session
Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session
for the purpose of collective bargaining and property considerations, with no intent to return to
open session.
Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
Selectmen’s Goal Setting Meeting
July 10, 2007
A Goal Setting meeting of the Board of Selectmen was held Tuesday, July 10, 2007, at 8:30 a.m.
in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz; Mr.
Burnell, Mr. Valente, Town Manager; Ms. Vine, Assistant Town Manager; Ms. McLaughlin,
Facilitator; and Ms. Pease, Executive Clerk were present.
The Selectmen’s objective for this goal setting was to agree on some top priority goals for the
next 1-2 years and for everyone to have a common understanding of those goals.
There was considerable discussion on the following goals:
1. Budget Process – schedule, timing of override votes and public communication
a. Complete budget by the end of February
b. Rehash timing of override votes
c. Ad hoc committee look at other practices
d. Town and school budget need to be completed at the same time
e. Important to continue to educate public all the time, not just when override
f. Need discussion with School Committee how to change budget process
2. Balance Budget – no-override years, school-town split, capital allocation
a. Look at ways to meet needs (Special Ed) and identify needs early
b. Prepare budget that provides realistic services
c. Reconsider having overrides only every 3 years; commit to no override the next
two years
d. Put budget together using 2-year revenue projections
e. Consider putting 5% of revenue to capital items
f. Discuss school-town split
3. School Financial – budget drivers, quarterly reports, contingency funds
a. Commitment of School Committee to give process a chance
b. Consider establishing contingency fund – need to listen to School Committee and
discuss whether should be general town contingency
4. Joint Facilities maintenance – combine, town-wide planning, PBC workload
a. Document expenses
b. Keep facilities available for public use without huge cost
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c. What can be accomplished 1 year; transition to combined in FY2009
d. Difficult transition getting two cultures to work as one; staff will be responsible
e. Take 3 years to get fully merged; Selectmen will support staff
f. Facilities maintenance and DPW building will take a lot of staff time
g. Selectmen role on PBC workload is to listen and be supportive
h. State procurement mandates put burden on PBC and staff
i. Do a LexSelect on issue of mandates
Goal Setting – July 10, 2007
5. Enhance Commercial Base – redevelopment, zoning, design, financing
a. Important part of town; need to grow and redevelop
b. Convince Town Meeting to open up opportunities for commercial
c. Board needs to discuss and get word out to community – set tone
d. Need decision on TIF
e. Community communication regarding need for commercial base
f. Meet with Planning Board regarding increasing commercial base
g. Economic Development task force report to come fall/winter
h. Do a LexSelect on what Planning Board can and cannot do
6. Historical Commission – administration, notification and appeals process
a. Send notice to community of inventory; selectmen help with costs and staff time
b. Selectmen need to take leadership roles and get handle on inventory
c. Encourage Historical Commission to get policy changes done
d. Historical Commission should come to Selectmen with recommendation for
policy changes
7. Social Services – assessment, youth/teens, senior center/services, transportation
a. Put committee together to do schematic of programs
b. Consultant is looking at zoning, parking, ADA and elevation
c. Hire one consultant to do schematic on White House, Stone Building, Munroe and
Cary Hall as one project to save money. RFP out late August will tell us what
feasible and cost to operate
d. Think about need for teen center and/or community center
e. Transportation Coordinator to CoA to explain Lexpress routes
f. Selectmen want to look at a broader program for all
g. Lexington youth forum in Fall then check to see what other communities are
doing
8. Community Preservation Act – planning and process, schedule, project management
a. Multi-purpose
b. Schedule
c. Project monitoring
d. Encourage Town Meeting and staff to make sure programs/projects get in on time
to meet schedule – next deadline is November 1, 2007
e. Who handle status of projects
f. CPC working on job description for 19 hour per week person
9. Munroe School – capital needs, licensing, future planning
a. Complete license
b. Consider Waldorf type plan for Munroe
c. Check Concord and Arlington to see if that agreement would work in Lexington
d. Determine cost to maintain, discuss with Munroe, determine if should be sold.
Goal Setting – July 10, 2007
10. Budget Planning and Reporting – FPR Committee, metrics, tracking
a. Metrics started with Police, learning where we do not have data
b. Working with other communities
c. Evaluate before start in other departments
d. Important to have bench marks on broad scale for management and community
11. Collective Bargaining – guidelines, health insurance percentage
a. Work with School Committee to have cohesive schedule
b. 3-year contract across the board
12. Stone Building
a. Library Trustees need to decide on need for a library in East Lexington
b. Have to abide by terms of the will
13. Field Stewardship
a. How do fields work in planning
b. No plan for Fiske fields and no funds
c. Failure to include stakeholders
d. Public works maintains fields
The next goal setting session is schedule for Tuesday, July 31, 2007 at 8:30 a.m.
Upon motion duly made and seconded, it was voted to adjourn at 11:35 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Joint Meeting
Board of Selectmen, School Committee, Appropriation Committee
July 11, 2007
A joint meeting of the Board of Selectmen, School Committee, and Appropriation Committee
was held on Wednesday, July 11, 2007 at 6:00 p.m. in Estabrook Hall of the Cary Memorial
Building. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente,
Town Manager; Mr. Addelson, Comptroller; and Ms. Chabot, Assistant to the Executive Clerk,
were present. Dr. Ash, Superintendent, Ms. Dunn Assistant Superintendent, all members of the
School Committee, and all members of the Appropriation Committee were present, with the
exception of Mr. Eurich and Ms. McLeish.
Post Override Discussion
Timing and Frequency of Overrides
The group discussed the possibility of voting on an override earlier in the budgeting process so
that it has less of an effect on hiring by the Schools. Mr. Diaz suggested getting an interested
group of people to look at this issue and see what might be done. Mrs. Krieger recommended
that the group consist of a Selectman, a member of the School Committee, a member of the
Appropriation Committee, and a couple of people from the TMMA Executive Board. Hopefully
a recommendation from the committee could come back in the Fall. Mr. Cohen reported that the
Town of Acton has their override before Town Meeting. If that were the case in Lexington,
there would be a lot of pressure on the School Committee to have their budgets done earlier. Mr.
Ash said to make a significant impact the override should be at the end of April. Ms. Battin
suggested putting the budget at the beginning of Town Meeting and meeting three nights a week
instead of two. Mrs. Krieger asked anyone interested in serving on this committee to let her
know.
Special Reserve Funds – School Department
Mr. Griffiths feels that we need to have approximately $1.5 million set aside for issues that arise
in connection with the Special Education program. He and Mr. Valente have spoken with town
officials in Burlington where out of district SPED placements are handled as a special budget
component by the town. Mr. Griffiths also stated that if we decide to space overrides every two
or three years, we would need an elastic fund of a couple of million dollars to help tide us over in
the years when there isn’t an override. Mrs. Krieger noted that the Schools are asking not only
for a reserve, but to sustain it as well, since these funds would be for ongoing expenses. Mr.
Michelson suggested creating a separate line item in the budget for out of district SPED expenses
as a way to protect the regular education program. Mr. Griffiths thought this sounded a lot like
what Burlington is doing already and would be interested in finding out more.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote 5-0 to go into executive
session for the purpose of discussing collective bargaining under Exemption 3, with no intent to
return to open session.
Joint Meeting – July 11, 2007
Upon motion duly made and seconded, it was voted to adjourn at 6:55 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
Selectmen’s Meeting
July 24, 2007
A meeting of the Board of Selectmen was held on Tuesday, July 24, 2007 at 8:30 a.m. in the
Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz; Mr. Valente,
Town Manager; and Ms. Pease, Executive Clerk, were present.
Approve Sale of Bonds Anticipation Note
Upon motion duly made and seconded, it was voted 4-0 to approve the sale of a $4,519,000 4.00
percent Bond Anticipation Note of the town dated July 27, 2007 and payable February 28, 2008,
to Banc of America Securities LLC at par and accrued interest plus a premium of $7,011 and
further that the consent to the financial advisor bidding for the note, as executed prior to bidding
for the note, is hereby confirmed.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote 4-0 to go into executive
session for the purpose of real property, with no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 8:40 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
July 31, 2007
A meeting of the Board of Selectmen was held on Tuesday, July 31, 2007 at 8:30 a.m. in the
Selectmen’s Meeting Room. Chairman Krieger, Mr. Cohen, Mr. Manz; Mr. Burnell; Mr.
Valente, Town Manager; and Ms. Pease, Executive Clerk, were present.
Sign Letter Supporting Improvements for Waltham Street/Marrett Road Intersection
Upon motion duly made and seconded, it was voted 4-0 to sign and send a letter to the Boston
Region MPO strongly supporting the signal improvements proposed for Waltham Street and
Marrett Road.
Sign Letter Supporting transfer of Lot 1 Land in Lexington to Department of Conservation and
Recreation
Upon motion duly made and seconded, it was voted 4-0 to sign and send a letter to the Chairman
of the House Ways and Means supporting the transfer of Lot 1 land in Lexington to the
Department of Conservation and Recreation.
Goal Setting
Mr. Kelley arrived. Also attending Goal Setting were Ms. Vine, Assistant Town Manager, and
Ms. McLaughlin, Facilitator.
The purpose of this goal setting was to revise or otherwise edit the goals so that they clearly
specified the Selectmen’s intent, to determine a timeframe for completing the goal, to determine
who from the Board will take the lead in moving the goal forward, and to rearrange priorities if
necessary.
Included with these minutes is a final list of FY2008 Selectmen goals.
Upon motion duly made and seconded, it was voted to adjourn at 11:50 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
FY08 Board of Selectmen Working Goals
#
Goal Statement Coordination Staff BOS Lead Time Frame
1 Schedule budget Meet with School TMgr, Asst. Jeanne Staff identify
process (both operating Committee and TM/Fin, Budget milestones
and capital, including AC to adopt Officer, School
CPA) to conclude the schedule - discuss Supt.
budget by the end of objectives/expect
February; distribute ations
budget before Town
Meeting begins
2 Consider override vote SC, AC, CEC, Town Clerk Norman, Establish
earlier than June TMMA George committee on 7/31
(before Town Mtg); to report in 3
establish ad hoc months
committee (w/Town
Meeting
representation) to look
at issues
3 Do 15 LexSelects, with George Starting September
emphasis on Budget 15
Process
4 Strive to close FY09 Policy boards to Peter By January 18,
budget gap w/o determine 2008 or earlier
operating override acceptable
approaches for
closing any
budget gap
5 Consider future Ad hoc Norman, Beyond 3 months
override schedule and committee George
strategy mentioned in
Goal 2 above
6 Project "realistic" level Policy boards TMgr, By November 15
of revenues (for 2-3 should discuss Asst.TM/Fin
years?) at beginning of acceptable
budget process projections for
State Aid
7 Develop budget "split" TMgr, By January 18,
- shared expenses off Asst.TM/Fin 2008 or earlier
the top; review basis
for dividing
school/town
#
Goal Statement Coordination Staff BOS Lead Time Frame
8 Encourage Reinforce School Comptroller Hank 30 days after close
collaborative process Committee of quarter
between School commitment to
Department and Town recommendations
for monitoring and of their Financial
reporting on finances Review
Committee
9 Determine desirability Listen to School TMgr, George By November 30
of establishing reserve Committee's case Asst.TM/Fin,
fund for School for why reserve Supt. Schools
contingencies (SPED) - fund is necessary
understand issues, how and how
maintain control accounting would
work
10 Consider proposals for Planning Board EDO, Planning Jeanne Interim Task Force
enhancement of (8/22? meeting), report mid Dec
commercial base, Economic
including any Development
necessary zoning Task Force,
changes Economic
Development
Officer, Town
Meeting
11 Pursue tax increment Commonwealth EDO, Planning, Jeanne Prepare for Special
financing proposal of Massachusetts TMgr TMtg in October
12 Coordinate EDTF, TMMA, EDO, Asst. Hank Initial plan by Sept.
communication and LWV, TM/Finance 1
public education to
remind community of
policy connections for
commercial
development; including
forum on commercial
assessment process
13 Reinforce Historical Ask HC to report Norman Notification for
Commission's on procedures those on list in
commitment to adopt review, appeals process; interim
notification procedure process and use of report prior to
and assist in approved Town Meeting
establishing appeal administrative
process for homes funding
inventory
#
Goal Statement Coordination Staff BOS Lead Time Frame
14 Complete evaluation of RFP for studies of TMgr, Facilities Peter Make this the first
White House in time to White House, Director of the four building
report to annual Town Stone Building, studies; place-
Meeting; study should and Cary Hall; holder article for
consider broader COA's two-site ATM
community use of the proposal
site than just senior
center
15 Support community Human Services Social Services Norman Fall community
discussion re: youth Committee and forum
services Youth Services
Advocacy &
Planning Task
Force
16 Review Human Human Services Social Services Norman By June 2008
Services Committee Comm.
reports, update
inventory of available
services, recommend
action plan
17 Conclude Munroe Munroe Center TMgr George, By October 1
School licensing for the Arts Jeanne
process, including
responsibility and
funding for building
repair and maintenance
18 Develop a process to TMgr George, By October 1
review continued Town Jeanne
ownership of Munroe
School building
19 Provide input to Library Board of TMgr, Library Norman, By December 1
decision on Stone Trustees; timing Dir. Jeanne
Building use of building study
Selectmen’s Meeting
July 31, 2007
A meeting of the Board of Selectmen was held on Tuesday, July 31, 2007 at 7:30 p.m. in the
Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell;
Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present.
Selectmen Concerns and Liaison Reports
Mr. Manz introduced two scouts in the audience that are working on their Communications
Badge.
Mr. Manz announced that he attended the ribbon cutting ceremony of the new Liberty Ride
trolley on Monday, July 30, 2007. The blue and red trolley is a nice ride and will attract
attention as it drives through town.
Mr. Manz thanked the hardworking Parking Enforcement Officer for the thankless job he does.
th
Proclamation – 220 Constitution Week
Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation to proclaim
September 17 through 23, 2007 as Constitution Week and urge all citizens to reflect during the
week on the many benefits of our Federal Constitution and the privileges and responsibilities of
American Citizenship.
Liquor Hearing – Change of Manager – Not Your Average Joe’s
Bernard Murphy, proposed new manager of Not Your Average Joe’s, was available to answer
any questions.
Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue a
license for a change of manager of an all alcoholic common victualler liquor license to Not Your
Average Joe’s, Inc., d/b/a Not Your Average Joe’s, 1727 Massachusetts Avenue.
Lexington Golf Club Liquor License – New Assistant Manager
Upon motion duly made and seconded, it was voted to approve Paul Modoono as an Assistant
Manager serving liquor at the Lexington Golf Club.
DPW Transition Plan
Mr. Hadley, Director of the Department of Public Works, reviewed the current transition plan to
house DPW operations during construction of the new facility as follows:
Selectmen’s Meeting – July 31, 2007
The old Harrington School will house the administration, water/sewer and highway. Entrance to
the old Harrington School will be changed to 2-way. Necessary signage will be added for the
safety of children walking from Maple Street and there will be a crossing guard. A fence will be
installed to try to isolate the DPW operations.
The Westview Cemetery will house the forestry group and seasonal equipment not being used.
The DPW will minimize use of Westview because of burials.
The compost facility will house the green storage shed and the gravel for water breaks.
The State is willing to help with salt and sand at its facility off of Route 2. Currently discussions
are taking place with business owners regarding diesel fuel. Also hoping to use Minuteman Tech
for the mechanics, but that is still an open issue.
Currently the goal is to put the project out to bid by September and award a contract in October.
Mr. Hadley also updated the Selectmen on the center sidewalk project. The trees have been
taken down and work began Tuesday, July 31, 2007.
Update on Audit Management Letter
Mr. Addelson, Finance Director, updated the Selectmen on the status of implementing the
recommendations made in the FY2006 Audit Management Letter.
Revise Accounting of Trust Funds
1. . The Town needs to review the funds in
question and take the necessary steps to improve the safeguarding of the assets. The
Town plans to schedule a meeting with the Trustees of Public Trusts to address the
issues.
Improve Year-End Cut-off Procedures
2. . The Town needs to improve the year-end
cut-off procedures to ensure that all invoices are charged to the appropriate fiscal
year. As a new standard procedure the Comptroller’s office sent a memo to Town
and School departments stating the new procedures for the year-end cut-offs. The
Comptroller’s office will do this on an annual basis and continue to monitor.
Improve Compensated Absences Accounting
3. . The Town needs to centralize and
automate the accounting for employee compensated absences. All departments are
automated except Police and Fire. There are continuing discussions with the Fire and
Police chiefs to evaluate whether it is more efficient to do manually or to automate.
Improve Controls over Student Activity Funds
4. . The Town needs to review
existing controls and work with the School Department to ensure student activity
funds are adequately safeguarded. The Finance Department has discussed with the
newly appointed Assistant Superintendent for Finance and Business who
acknowledged problems and intends to review existing student activity fund
procedures and implement needed changes to them.
Selectmen’s Meeting – July 31, 2007
Implement Policies and Procedures Over Fixed Asset Records
5. . The Town needs
to establish an inventory of all general infrastructure fixed assets. The required
schedule information was compiled and submitted to the auditor for review and
reflected as of June 30, 2007.
Formalize Controls Over Petty Cash
6. . The Town needs to prepare formal policies
and procedures for the administration of petty cash funds. Currently DPW, Police,
Recreation and the Treasurer’s Office maintain petty cash. The Town will continue
to strengthen the procedures and follow-up to ensure compliance.
Periodically Discuss Fraud Prevention with Employees
7. . The Town needs to
periodically discuss fraud prevention with all employees. Draft has been prepared
and needs to be distributed to Town Employees.
Improve the Cash Reconciliation Process
8. . The Town needs to require and
implement the use of a summarized one-page report showing the reconciling items for
each bank statement. The Finance Department has developed the summary report
and is working on and hopes to resolve by the FY2008 audit.
Monitor School Lunch Deficit
9. . The School Department needs to establish a
procedure to properly balance operations of the School Lunch fund and improve the
year-end cut-off process. Discussed with the Assistant Superintendent for Finance
and Business continues to review and strength the year-end procedures.
Improve Departmental Internal Controls and Formalize Departmental Receipt
10.
Procedures
. Draft procedures are being reviewed internally and then they will be
distributed and training will occur.
Recommendation to Negotiate TIF
Shire has asked the Selectmen whether it is the Town’s intention to negotiate a TIF with them
regarding the Lexington Technology Park property. Based on the Town’s analysis, staff
recommends that the Town enter into negotiations for the following reasons: the Shire proposal,
as presented, will result in additional taxable development sooner than the Town would
otherwise realize and the Shire proposal is consistent with the type of development contemplated
at this site when it was presented to Town Meeting for rezoning in 2004 (biotech lab space and
manufacturing). Also, the appropriation Committee voted 6-0 to recommend to the Selectmen
that the Board enter into negotiations with Shire.
The following schedule is recommended: complete negotiation of TIF Agreement by September
15, 2007; conduct public meetings/informal presentations to Town Meeting on proposed TIF
agreement between September 17 and 28, 2007; convene Special Town Meeting to vote TIF by
October 10, 2007 and present TIF Agreement to EACC by October 25, 2007.
Upon motion duly made and seconded, it was voted 5-0 to approve and authorize the Chairman
to sign a letter to ShireHGT agreeing to enter into negotiations with Shire on a tax Increment
Financing agreement.
Selectmen’s Meeting – July 31, 2007
Appointment of Election Officers
Upon motion duly made and seconded, it was voted 4-0-1 (Cohen abstained) to appoint 181
Election Officers (24 Republicans, 74 Democrats and 83 Unenrolled registered voters) for the
period beginning September 1, 2007 and as listed by the Town Clerk in a memo dated July 6,
2007.
Appointments –Climate Action Plan Ad Hoc Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint the following members to the
Climate Action Plan Ad Hoc Committee:
Toby Sackton
Andy McClaine
Ken Karnofsky
Rick Abrams
Diane Daily
Linda Moran
John Krawczyk
Marilyn Campbell
Adam Sacks
Sam Silverman
Charles Moore
Upon motion duly made and seconded, it was voted 5-0 to designate members of the Climate
Action Plan Ad Hoc Committee as Special Municipal Employees.
Appointment – Lexington Council for the Arts
Upon motion duly made and seconded, it was voted to appoint Myron Rosenblum to the
Lexington Council for the Arts for a three-year term to expire September 30, 2010.
Limousine License Renewals
Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two
(2) Limousine Licenses to Back Bay Sedan Services, d/b/a Fus Co Ltd., 55 Reed Street, pending
inspection of the vehicles by the Police Department.
Upon motion duty made and seconded, it was voted 5-0 to approve the application and issue two
(2) Limousine Licenses to Ameri Limo, d/b/a Boyadjian Limo, 447 Lowell Street, pending
inspection of the vehicles by the Police Department.
Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue one
(1) Limousine License to Kip Farris, 158 Maple Street.
Selectmen’s Meeting – July 31, 2007
Use of Bikeway – Conduct Surveys
Anne Lusk, Harvard School of Public Health, emailed information requesting permission to
distribute surveys, do observations and odometer readings, and take photographs on the bike
path. The Lexington Bicycle Advisory Committee, Police and Fire reviewed the request and see
no problems.
Upon motion duly made and seconded, it was voted 5-0 to approve the request of Anne Lusk,
Harvard School of Public Health, to distribute surveys, do observations and odometer readings
and take photographs on the Lexington portion of the bike path.
FY2009 Street Acceptance Schedule
Upon motion duly made and seconded, it was voted 5-0 to accept the FY2009 Street Acceptance
Schedule as drafted by the Engineering Department and dated July 12, 2007.
Future Meetings
The Selectmen propose to meet September 10 and 24, 2007, October 15 and 29, 2007, November
5 and 19, 2007, and December 3, 10 and 17, 2007.
Approve Charge for Ad Hoc Budget Schedule Committee
Upon motion duly made and seconded, it was voted 5-0 to approve the charge for the Ad Hoc
Budget Schedule Committee.
Upon motion duly made and seconded, it was voted 5-0 to designate members of the Ad Hoc
Budget Schedule Committee as Special Municipal Employees.
Consent Agenda
Adjustments and Commitments of Water and Sewer Charges
Upon motion duly made and seconded, it was voted 5-0 to approve the following water and
sewer commitments:
Commitment of Water/Sewer Charges for June 2007 (Cycle 9) $266,888.64
Commitment of Water/Sewer Charges for 6/1/07 to 6/30/07 (Final Bills) $8,765.34
Upon motion duly made and seconded, it was voted 4-0-1 (Kelley abstained) to approve the
following water and sewer adjustments:
Adjustments of water/sewer charges for the period from 5/1/07 to 5/31-7 -$77,368.05
Selectmen’s Meeting – July 31, 2007
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of July 9, 2007,
July 10, 2007 (goal setting) July 11, 2007 and July 24, 2007.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of July 9, 2007, July 11, 2007 and July 24, 2007.
Sign Department of Public Facilities Memorandum of Agreement
Mr. Kelley supports a combined Facilities Department, but does not support the School
Superintendent as the employer and collective bargaining negotiator. Mr. Burnell shares this
concern and has discussed with the Town Manager who is confident the goals of a combined
department can be achieved. Mr. Burnell feels the Selectmen will need to pay close attention as
we move forward to avoid any pit falls.
Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to sign the Department
of Public Facilities Memorandum of Agreement.
Town Manager Vacation Approval
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Town
Manager to take vacation from August 5 through August 13.
Release Portion of Executive Session Minutes Regarding Liberty Ride for the May 19,
2003 Minutes
Upon motion duly made and seconded, it was voted 5-0 to release the portion of the Executive
Session minutes of May 19, 2003 regarding the Liberty Ride.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote 5-0 to go into executive
session for the purpose of labor negotiations and real property, with no intent to return to open
session.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:15 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk