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HomeMy WebLinkAbout2006-02-BOS-min Selectmen’s Meeting February 6, 2006 A regular meeting of the Board of Selectmen was held Monday, February 6, 2006, at 7:00 p.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; Mr. Lahey, Town Counsel; and Ms. Pease, Executive Clerk were present. Selectmen Concerns and Liaison Reports st Mrs. Krieger reminded the audience that the 1 live Lexington Selects program will be tomorrow, February 7, 2006, at 2:30 p.m. The subject matter will be the Community Preservation Act. There will be a new topic discussed every two weeks. The next show will be on Tuesday, February 21, 2006, at 2:30 p.m. and the topic will be snow removal policies. Mr. Manz, as Selectmen Liaison to the Commission on Disability, informed the Board that the Commission has weighed in with some town departments and committees on the materials that should be used for sidewalks and there will be further discussions. Town Manager Report Mr. Valente reported that he and Mr. Cohen met with Nstar representatives with regard to putting utilities underground. Nstar says the cost to put the electricity underground for the entire town would be $600 to $850 per foot, which does not include the cost associated with phone and cable being put underground. In addition, property owners would have to pay the cost to bring the underground service from the curb to their homes and their service would have to be up to code. It is possible for neighborhoods to petition Nstar to put electricity underground, but they would be responsible for the entire cost. Conversation with Representatives Kaufman and Stanley Representatives Kaufman and Stanley discussed the status of the state budget, including state aid, health care, and water and sewer rate relief. Public Comments Mr. Fedorochko appreciated the opportunity to review the budget document and presented the Selectmen with a copy of the budget with comments. Selectmen’s Meeting – February 6, 2006 Appoint Members to Community Preservation Committee The appointing authority as shown below has appointed the following members: Richard Wolk, Conservation Commission Betsey Weiss, Housing Partnership Board Marilyn Fenollosa, Historical Commission Wendy Manz, Planning Board Sandra Shaw, Recreation Committee The Selectmen are waiting to hear who will be appointed from the Housing Authority. Upon motion duly made and seconded, it was voted 3-0-2 (Cohen and Pagett abstained) to appoint Norman Cohen and Richard Pagett to the Community Preservation Committee for a term to expire June 30, 2007. Upon motion duly made and seconded, it was voted to appoint Joel Adler to the Community Preservation Committee for a term to expire June 30, 2007. Town Manager Review Process Mrs. Krieger provided the Board with a Performance Evaluation Form and an External Assessment Form to be used for reviewing the Town Manager. The goals on the evaluation form were discussed and revised. Each Selectmen should return their completed evaluation form to Mrs. Krieger by February 17; she will circulate a composite draft by February 27. The evaluation will be given in public session at the Selectmen’s Meeting on March 6. Mr. Kelley wants the opportunity to present and discuss his evaluation with the Town Manager and then to read at the public meeting for inclusion in the Selectmen’s records. The Town Manager provided a suggested list of who to send the External Assessment Form to. Senior Center Action Plan Committee Maria Constantinides, on behalf of the Senior Center Action Plan Committee (SCAPC), presented the SCAPC Report. The SCAPC was charged with reviewing and assessing the programmatic and space requirements of the Senior Center; reviewing and assessing site options identified by earlier site selection committees and identifying one for further pursuit; and establishing a budget and timeline for the design and completion of a new Senior Center. Selectmen’s Meeting – February 6, 2006 SCAPC feels the best option is to renovate the existing Senior Center and use a renovated Munroe School as the additional space needed. The Committee recommends that the Selectmen determine before the 2006 Annual Town Meeting how the former Munroe School can best serve the community. If the Board decides that Munroe should be used for Senior Center programs, the SCAPC requests Selectmen authorize the Permanent Building Committee to undertake a feasibility study of both facilities to make sure all programs can be accommodated in the space, develop cost estimates, and provide other needed information that impacts scope of the renovations. Should the Selectmen determine not to use the Munroe School for Senior Center programs, the SCAPC recommends that the Selectmen establish a new committee whose charge would be to identify and acquire an appropriate site from a private party. Selectmen discussed the $50,000 that was appropriated in 2002; $15,000 has been spent on surveys to determine programmatic interests and needs of our senior population. The Selectmen will need to have information on the additional positions that will be required by a larger facility and see how they will affect the operating budget. Selectmen need to have a better understanding of all the programs that currently exist at the Senior Center; what would be added in a new facility; and how best to evaluate this information. Selectmen felt that no matter what action is taken the Munroe School needs to be brought to code and the building needs structural repairs done. Many citizens spoke on behalf of the Munroe School for the Arts and how important it is to Lexington and its citizens. Mrs. McKenna stated the Munroe site was previously taken off the list. This was apparently done because the recommendation for the arts center and the senior center to share the site meant there would not be enough parking. She felt the Selectmen should wait for the Harrington or Adams schools to become available. She believes the Selectmen previously voted to renegotiate the Munroe School lease and asked why it had not been renegotiated. The Selectmen need to come up with a process to determine the best use of the Munroe School before Town Meeting by talking with Munroe representatives and the COA. The Selectmen requested the Senior Center provide clear information on programs and also provide information on the money used. The Selectmen also would like a presentation of programs at the Munroe Center for the Arts. Selectmen’s Meeting – February 6, 2006 Youth Services Council Bill Blout, member of the Youth Services Council and the Human Services Committee, presented the Youth Services Report to the Selectmen. Since the 2003 failed override, the town has been without clinic based counseling, outreach counseling and community support and prevention services. The Human Services Committee recommended that a task force be convened to develop a continuum of services for youth and their families and to fill identified gaps in service. That task force recommended the development of the Youth Services Council, the appointment of a youth services clinician, the creation of a fund that would allow youth without insurance coverage to access services from local practitioners, and the reinstatement of the School Resource Officer at the High School. With the successful override in 2004 the accomplishments include: the Youth Services Council, the Youth and Family Services Coordinator, and the School Resource Officer for the High School. Highlights of the Youth Services Council include facilitating communication and sharing of information; expanding original council membership to include representatives of the Fire Department and Lexington Clergy; creating Lexington’s “Forum for Youth”, and identifying a specific need for middle school half-day initiatives. The Youth Services Coordinator will be the staff representative to the Youth Services Council, will implement and coordinate the regional groups, co-facilitate and coordinate private school network meetings, co-facilitate three parenting workshops in Spring 2006, implement and coordinate intergenerational programs, coordinate and co-facilitate book groups for parents, provide direct services to families and respond to calls. The Youth Services Council has the following unmet needs: a coordinated community system of prevention and outreach services and accessible services for all. The Youth Services Council proposes the following services and programs: prevention-based services, group therapy/psycho-education programs, restoration of the School Resource Officer at the middle schools and resource guide. Mr. Manz asked what size Youth Center would be needed. Ellen MacDonald mentioned that North Andover had a 4,000 sq. foot facility that included a gym and outside area. Kids were surveyed and they would like a coffee house/teen center that had a stage, food and dirty couches to sit on. The Selectmen thanked the Youth Services Council for the important work they are doing for the community. Selectmen’s Meeting – February 6, 2006 Permanent Building Committee – DPW Facility Mr. Pionelli, Chair of the Permanent Building Committee, discussed the fact that the proposed DPW facility is larger than presented to Town Meeting last year. The PBC is trying to get a clear understanding of the needed size and what the cost will be. A progress report will be presented to Town Meeting. As part of the process, the PBC will look at similar DPW facilities in comparable communities, will make sure the drawings reflect a site that is big enough but not too big and will make sure the site has enough space for proposed building. The PBC is hoping to have the scope design and cost by mid-April. Budget Mr. Lamb, Chair of the Capital Expenditures Committee, commented on the cash capital policy and presented information to the Selectmen on the capital requests: 1. Replace Fire Engine 1 – support 2. Replace/Update Dispatch Center – support 3. Playground Improvements – can CPA funds be used 4. DPW Equipment – support 5. Building Envelope – reduce by $265,000 ($15K - Munroe Cemetery and $15K - Parks Department, $75K - TOB Ramp, $100K - Visitor Center Electric Upgrade and $60K - fire station), still discussing Westview Cemetery heating system and the LFD floor 6. Archives Environmental Control – still reviewing 7. COA Feasibility – no position yet 8. Nstar Parking Lot – no position yet 9. Roads – support 10. Lincoln Field – still reviewing 11. Sidewalks – still reviewing 12. Street Drain Improvements – support 13. All Enterprise Requires (Recreation and Water and Sewer) – support 14. Schools – support 15. EUAC Study – need to see voter support first Selectmen expressed concern about the recommendation to remove $60K from the fire station request and what this would mean for bathroom and shower facilities at the fire station. The Selectmen discussed the consequences and effect on future budgets of using cash capital funds to balance the budget because of being confronted with a large override possibility. Mr. Valente met with the School Superintendent to discuss the split of new revenue. They are recommending covering shared costs and then splitting the remainder 28% for town and 72% for schools. Selectmen’s Meeting – February 6, 2006 Selectmen discussed the proposed budget adjustments from the operating budget. Concern was expressed about the consequences if an override does not pass and questioned the effect on public safety and services like Lexpress, Recycling and Yard Waste. The Library Trustees have been asked to decide what reductions to make. Mr. Valente asked the Selectmen for help in identifying areas they would like the Senior Management Team to examine for possible further reductions. At the Budget Collaboration/Summit meeting on Thursday there will be a discussion on the municipal/school split of revenue, Capital Expenditures Committee recommendations on capital items, and finding an additional $180,000 in budget adjustments. Article Positions Selectmen reviewed the list of Articles and requested presentations on: Article 15 Amend General By-Laws to Create Energy Committee Article 16 Amend Noise By-Law Article 19 Approve Senior Tax Relief Article 20 Establish Property Tax Deferral Interest Rate for FY2007 Article 21 Rescind MGL Chapter 59, Section 5K (Property Tax Work-off Program) Article 22 Appropriate for Senior Service Program Article 26 Appropriate for Outdoor Sound System Selectmen should let the Chairman or Clerk know if they are interested in presenting certain articles. Appointments/Resignations Upon motion duly made and seconded, it was voted to accept the resignation of Miriam Boucher from the Communications Advisory Committee, effective immediately. Upon motion duly made and seconded, it was voted to appoint Caroline Eaton to the Lexington Housing Partnership Board for a 3-year term to expire September 30, 2008. Upon motion duly made and seconded, it was voted to appoint Albert Zabin to the Condominium Conversion Board for a 3-year term to expire September 30, 2008. Consent Agenda Laconia Street – Temporary Easement Plan Upon motion duly made and seconded, it was voted to approve the Laconia Street Temporary Easement Plan. Selectmen’s Meeting – February 6, 2006 Sign Annual Town Warrant Upon motion duly made and seconded, it was voted to approve and sign the 2006 Annual Town Warrant. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of January 18, 2006 and January 23, 2006. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of January 18, 2006. Letter of Support for the Community Preservation Act Upon motion duly made and seconded, it was voted to sign a letter of support for the community Preservation Act and send to the Lexington Minuteman. Commitments and Adjustments of Water and Sewer Charges Upon motion duly made and seconded, it was voted to approve the following commitment/ adjustments: Re-Commitment of Water/Sewer Charges for 11/1/05 to 11/30/05 (Finals) $16,253.04 Re-Commitment of Water/Sewer Charges for Town-Wide Billing (Section 2) $1,932,956.23 Re-Commitment of Water Charges for 12/01/05 to 12/31/05 (Cycle 9) $139,827.57 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 Budget Collaboration/Summit 4 February 9, 2006 A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held on Thursday, February 9, 2006, at 6:30 p.m. in Estabrook Hall. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen; and Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk were present. The Chairs of the School Committee, Appropriations Committee and Capital Expenditures Committee called their members to order. FY2007 Budget – Open Issues Mr. Valente reviewed the projected available revenue of $5,792,746 million. He asked if everyone was comfortable with using $2 million from free cash and whether the state aid number he recommended is too conservative and if it should be adjusted. The House Ways and Means Committee state aid number will not be available until after the April school vacation. Consensus was to leave the numbers as recommended until we have more concrete information. The group discussed reserves and wanted to know what to expect in the future for reserves. Mr. Valente presented a Reserves Analysis table for the period FY2005 to FY2007. There was a discussion of the rising costs related to health care and special ed and that there may be a need for an override on a yearly basis. Ms. Guttag is concerned about attracting good candidates for teaching if the Town, on a yearly basis, has to put together an at-risk list. Suggestion was made to reduce the free cash use from $2 million to $1.5 million. A majority of the Selectmen do not want to dig any deeper into services and programs and are comfortable with the Town Manager’s recommendation to use $2 million from Free Cash. Mr. Pagett is not comfortable and said the goal should be to live within constraints of a balanced budget. The Town has never used free cash when considering an override; we are setting a dangerous precedent. The Capital Expenditures Committee is not comfortable with using $2 million from free cash. The Appropriation Committee position is 6-2 in favor of using $2 million from free cash. The School Committee voted 4 in support and 1 probably in support. The group requested preparation of a FY2008 proforma to estimate the anticipated gap. Budget Collaboration/Summit 4 – February 9, 2006 Allocation of “New” FY2007 Revenue Mr. Valente explained the recommended incremental revenue split ($5,792,746 revenues minus $3,664,716 in shared expenses equals $2,128,030 to split between municipal and education. The Town Manager recommends the money split be $1,535,878 (72%) for education and $593,152 (28%) for municipal, which is based on the FY2006 revenue split. Mr. Pagett recommended a different split that would take into account the additional appropriation already made to the schools in the fall Special Town Meeting. This would establish a split of 70% education, 30% municipal. School Committee was concerned that this split would penalize the students and also pits municipal against education. The consensus of the group was to accept the methodology recommended by the Town Manager to allocate incremental revenues. FY2007 Capital/Cash Mr. Lamb, Chair of the Capital Expenditures Committee, is concerned about the Cash Capital projections for FY2007, which by his analysis underfunds Cash Capital by approximately $940,000. The CEC feels, however, that the Police and Lincoln Park capital items totaling approximately $1 million should be borrowed. There were questions regarding how Lexington’s debt to tax levy rates compares to other AAA rated communities. Mr. Valente responded that Lexington compares favorably and we are not doing things differently from other similarly situated communities. Budget Schedule Reviewed the Budget timeline from tonight until the start of FY2007. March 1 is the latest the budget can be given to the Appropriations Committee. Upon motion duly made and seconded, it was voted to adjourn at 8:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting February 13, 2006 A regular meeting of the Board of Selectmen was held Monday, February 13, 2006, at 7:30 p.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; Mr. Lahey, Town Counsel; and Ms. Pease, Executive Clerk were present. Public Comment Ms. Cohen, representing the Council on Aging, presented the Board with information regarding the need for a new Senior Center. She asked that the issue of a new Senior Center be put on the Selectmen’s Agenda soon. Selectmen Concerns and Liaison Reports Mrs. Krieger thanked the DPW for their excellent work in clearing the snow after the storm on Sunday. Commitments and Adjustments of Water and Sewer Charges Upon motion duly made and seconded, it was voted to approve the following commitment/ adjustments: Commitment of Water Charges for December 2005 (Cycle 9) $195,252.00 Commitment of Water Charges for January 2006 (Cycle 9) $144,877.58 Adjustments of Water/Sewer Charges for the period from 12/1/05 to 12/31/05 -$47,909.39 Town Manager Report Mr. Valente suggested that a small working group be pulled together that would include a Selectman, representatives from Munroe and the Town Manager to evaluate the Munroe building. Selectmen agreed. Traffic Safety Recommendations “No Parking” – Middleby Road The Traffic Safety Advisory Committee discussed a request at its May 2004 meeting from Ms. Kathy McNeil, 56 Baskin Road, for “No Parking” postings in both directions to protect crosswalk/bikeway crossing on Middleby Road adjacent to Bridge School. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee that “No Parking” postings in both directions be ordered to protect the crosswalk/bikeway crossing on Middleby Road adjacent to Bridge School. Selectmen’s Meeting – February 13, 2006 “No Parking” – Slocum Road The Traffic Safety Advisory Committee internal staff discussed a request from Ms. Gail O’Keefe, 22 Slocum Road, for a “No Parking” posting on Slocum Road adjacent to Mass. Avenue. The TSAC internal staff recommend the “No Parking” sign be posted on Slocum Road. This request was tabled. The Selectmen requested additional information on why they are requesting this “No Parking” sign on Slocum Road. “Stop” Signs – Seasons Four Driveway The Traffic Safety Advisory Committee internal staff discussed a request from Mr. Greg Jorjaculis, Owner of the Seasons Four/Gold Star driveway, for “Stop” signs to be posted in both directions approaching the bikeway. The TSAC internal staff recommends the “Stop” signs. Input was received from the Lexington Bicycle Advisory Committee. Upon motion duly made and seconded, it was voted 4-0-1 (Pagett abstained) to approve the recommendation of the Traffic Safety Advisory Committee internal staff that “Stop” signs be ordered for the Seasons Four/Gold Star driveway. On-Line Bill Payments Rose Ducharme, Revenue Officer, presented the new on-line bill payment system. Excise tax bills have been mailed and residents will be able to pay on-line with a credit card or from their checking account. When paying with a credit card there is a staggered fee of between 2 and 3 percent. When real estate bills and water/sewer bills go out residents will be able to pay on-line. Mr. Kanter, Appropriations Committee, requested more visibility and information regarding the fee applied when using a credit card. Common Victualler – Rosie’s Bakery New owners are taking over Rosie’s Bakery and plan to make not changes in operation. Upon motion duly made and seconded it was voted to approve the application and sign a Common Victualler license for Rosie’s Pastries, Inc., d/b/a Rosie’s Bakery, 32 Waltham Street. Selectmen’s Meeting – February 13, 2006 Budget – At Risk List Mr. Valente asked the Board if they had any questions or feedback about the at-risk list. Questions were raised about making any cuts to public safety items. Discussed what discretionary items would be: Lexpress, Library, Cemetery maintenance, maintenance and mowing of fields were cited as examples. Because Police, Fire and DPW make up 70% of the budget, it is inevitable that some core services will have to be put at risk. There was a discussion regarding charging for CRT disposal. Most Selectmen thought a fee should be charged to cover cost of service. Mr. Kelley would not support charging a fee for CRT collection. Some Selectmen were concerned about the ramifications of solid waste enforcement and going to bi-weekly recycling because it might reduce the recyclables being collected. Selectmen requested the Town Manager to provide an additional 5 percent of at-risk dollars to have some flexibility when working with the School Committee’s at-risk list. Selectmen suggested looking at DPW for additional at-risk items. Mr. Pagett requested that the Economic Development and School Resource positions be placed on the at-risk list for possible inclusion in an override. A majority of the Board agreed to include them in our preliminary budget projections. Discussed the request of the Capital Expenditures Committee to take $939,939 from Free Cash and commit to using that amount for capital stabilization fund. Selectmen will wait to hear the recommendations from the Selectmen’s Ad Hoc Financial Policy Committee. Mrs. McKenna, Precinct 6, recommended putting the $1 million request for Cash Capital on the override. Mr. Valente will have a new at-risk list for the February 27 meeting and the Selectmen should be prepared to make decisions on the list. Selectmen requested information on what the revenue impacts would be for the items on the at-risk list. Prior Year Financial Articles Selectmen reviewed the list of prior year open financial/capital articles. Discussed if the Town Manager was planning to close any of the articles. The Landfill Closure article is awaiting approval of the closure plan from DEP. Also discussed the possibility of using some of the available funds to help with lowering the at-risk amount. Selectmen’s Meeting – February 13, 2006 Appointments Energy Conservation Committee Upon motion duly made and seconded, it was voted to appoint Keith Ohmart to the Energy Conservation Committee. Noise Advisory Committee Upon motion duly made and seconded, it was voted to appoint John Maloney to the Noise Advisory Committee for a term to expire September 30, 2006 to fill the unexpired term of Andrew McAleer. Consent Agenda One-Day Liquor License – Waldorf School Upon motion duly made and seconded, it was voted to approve a one-day liquor license for a Mendenhall Concert Reception Fundraiser on Friday, March 10, 2006, from 7:00 p.m. to 10:30 p.m. at the Follen Church, 755 Mass. Avenue. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of February 6, 2006. Executive Session Upon motion duly made and seconded, it was voted by roll call (5-0) to go into executive session for the purchase of potential litigation and collective bargaining, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 9:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting February 17, 2006 A meeting of the Board of Selectmen was held Friday, February 17, 2006, at 8:00 a.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Manz; Mr. Valente, Town Manager; Mr. Batt, Town Counsel; and Ms. Pease, Executive Clerk were present. Change to House Bill Mr. Batt proposed that the Selectmen make a minor change to the Home Rule Petition concerning the Municipal Light Plant. The change will make the bill more immune from litigation on constitutional grounds. Representative Kaufman had asked that the change be requested by a letter from Town Counsel, with the Town in agreement to the change. Upon motion duly made and seconded, it was voted to accept the modified language to House Bill 4204 as shown below: SECTION 1. (b) The price shall be equal to the original cost of the property less accumulated depreciation, plus any other components required to provide reasonable compensation to the distribution company. Such price shall be estimated without enhancement on account of future earning capacity, lost sales, good will, physical reconfiguration of distribution company plant and system or of exclusive privileges derived from rights in the public ways. Upon motion duly made and seconded, it was voted to adjourn at 8:20 a.m. A true record; Attest: Lynne A. Pease Executive Clerk Budget Collaboration/Summit 5 February 17, 2006 A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held on Friday, February 17, 2006, at 8:30 a.m. in Cary Hall. Chairman Krieger, Mr. Kelley, Mr. Pagett, and Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk were present. The Chairs of the School Committee, Appropriation Committee and Capital Expenditures Committee called their members to order. FY 2007 Capital/Cash Mr. Edson, Capital Expenditures Committee (CEC), presented the revised recommendations for capital articles. Pending items include Article 28(c)e - Fire Station Drainage, Roof Repairs, Female Shower and Article 28(d) - DPW Equipment. CEC is waiting for additional information on drainage and the showers have been put off to allow for further discussions as to where to locate them. The School Committee questioned why there was no recommended amount for Article 32(a) - Strategic Capital Plan for Elementary Schools. CEC replied they felt Article 32(a) should be paid for by the school department within the budget. Mr. Ash replied that the schools did not have the capacity to do so. The School Committee felt that Article 33 - School Administration Building (White House) should reflect a dollar amount to give them flexibility to move forward if possible. The CEC was willing to put the article as pending. The CEC feels that Article 28(c)c – Visitor Center Electrical should be done but need a refined scope of work which DPW is preparing. The CEC request for approximately $940,000 being set aside in a Stabilization Fund for Cash Capital items was discussed. The CEC is looking for a commitment. The Appropriation Committee (AC) voted to support moving money to a stabilization fund but not designate for Cash Capital because they don’t know where the Town is going with reserves or what the breakdown of operating and capital will be. The AC is waiting to hear the recommendations of the Selectmen’s Ad Hoc Financial Policy Committee. Mr. Valente reviewed Lexington’s Debt Service History. Review of At-Risk Proposal Dr. Ash reviewed the Schools recommended “at-risk” list. The list is broken down into three tiers: Budget Collaboration/Summit 5 – February 17, 2006 ?? Tier 1 (level service budget) cuts the budget by $2,634,412. It includes the programs and expenses that should be cut first and will reduce the budget from $66,703,858 to $64,069,446. ?? Tier 2 (basic budget) reestablishes priorities within the level service budget by dropping some current programs/expenses and adding others totaling $69,800. The basic budget is based on current priorities. ?? Tier 3 includes the programs and expenses that should be cut last. The cuts will reduce the school committee’s level service budget from $64,078,046 to $61,652,579, which is a further cut of $2,347,067. Cuts from the three tiers totals $5,051,279. In order to reach the maximum funding increase currently available, $1,534,878, an additional list of cuts totaling $72,117 needs to be found. The School Committee was asked to look for an additional 5% of possible reductions in the School budget, like the Town Manager is doing for the municipal budget. The School Committee responded that they cannot put anything else at-risk. They are concerned about employee morale and losing teachers before the proposed override date. Mr. Valente reviewed the proposed budget adjustments to the municipal budget. The Senior Management Team put the list together keeping in mind service efficiencies, maintenance savings but not deferrals, maintaining core services like public safety, legal and regulatory requirements and fee for service programs. The additional 5% of cuts will be presented to the Board on February 27. Mr. Levine, Appropriation Committee, suggested the group be prepared to discuss specific questions for an unbundled override. He suggested a combined question for building and facility maintenance for schools and town. Everyone should be prepared to come up with a priority list of “at-risk” items for both the school and municipal budgets for the March 1 meeting. Do not expect to discuss override questions at the March 1 meeting. The School Committee would like further information from the Selectmen on what types of override questions are being considered (combined or not). The Selectmen are open to suggestions for how to frame override questions. Budget Collaboration/Summit 5 – February 17, 2006 FY 2008 Projected Reserves Mr. Hamburger, Appropriation Committee, presented his FY2008 projections, which will be reviewed by the Appropriation Committee at its next meeting. Budget Schedule Questions that need to be resolved by March 1 are: elements of capital paid by cash and the magnitude of the override. The next Budget Collaboration/Summit meeting is scheduled for Wednesday, March 1, 2006, at 7:00 p.m. in the High School Commons II. There will be a backup meeting scheduled for Thursday, March 2, 2006, at 7:00 p.m. A room will be reserved and notice send to the Budget Collaboration group. The Appropriation Committee, Capital Expenditures Committee, and the School Committee adjourned. Town Counsel Mr. Lahey is leaving Palmer & Dodge as of March 1 to go to Anderson & Kreiger. Mr. Batt is also going to Anderson & Kreiger. Mr. Pace is undecided. The Selectmen discussed how to handle existing cases. If the Selectmen appoint Anderson & Kreiger as Counsel for Lexington, there needs to be a contract with Palmer & Dodge for existing ongoing cases. The Selectmen requested a copy of the Board of Selectmen's Legal Services Review Committee report done in early 2003. The Town currently does not have any contract agreement with Palmer & Dodge. Per the General By-laws, the appointment of Town Counsel is to be made within 30 days of the Town election. Mr. Valente needs to have Mr. Lahey and Mr. Batt available for at least the short-term to get through Town Meeting. Mrs. Krieger suggested that the Selectmen appoint Mr. Lahey as Town Counsel to the end of FY 2006. That would give the Board an opportunity to undertake a competitive process and look at options. The Board needs to make sure there are no contract issues and need to have formal contracts with both firms. The Selectmen suggested Mr. Lahey provide an assessment of existing cases to look at in executive session on February 27. Budget Collaboration/Summit 5 – February 17, 2006 Mr. Valente will look into whether there are any non-compete issues, what kind of contract is needed, if any, with Palmer & Dodge and Anderson & Kreiger. He will also talk with both firms about these changes. Upon motion duly made and seconded, it was voted to adjourn at 11:30 a.m. A true record, Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting February 27, 2006 A regular meeting of the Board of Selectmen was held Monday, February 27, 2006, at 7:30 p.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; Mr. Lahey, Town Counsel; and Ms. Pease, Executive Clerk were present. Selectmen Concerns and Liaison Reports Mrs. Krieger, Mr. Kelley, and Mr. Pagett attended a meeting with MassHighway regarding the proposed improvements of the Marrett Road/Waltham Street intersection. Business owners were asked to make comments on the plan within the next couple of weeks. MassHighway will then hold a public hearing on the proposed improvements. Town Manager Report Mr. Valente reported that staff and Keyspan representatives have met regarding reimbursement for expenses. Police expenses have been paid in a timely manner. There are approximately $150,000 in other town expenses to be reimbursed, which Keyspan is now reviewing. Keyspan is expected to reimburse the Town prior to the end of the fiscal year. Grant of Locations Verizon – Colony Road Upon motion duly made and seconded, it was voted to approve the petition of Verizon to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Colony Road: from existing Verizon pole #180/5, on the northeasterly side of Colony Road, place conduit in an easterly direction, a distance of 8 feet (+) into a new subdivision to be named Wisteria Lane. Verizon and Nstar – Middle Street Upon motion duly made and seconded, it was voted to approve the petition of Verizon New England, Inc. and Boston Edison Company d/b/a Nstar for permission to locate and/or relocate anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along the following public way: Middle Street, from existing joint pole number 66/18 on the northerly side of Middle Street, place new sidewalk anchors and guys 5 feet (+) northerly of said pole. Verizon and Nstar – Mass. Avenue (Pole 57/32) Upon motion duly made and seconded, it was voted to approve the petition of Verizon New England, Inc. and Boston Edison Company d/b/a Nstar for permission to locate and/or relocate anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along the following public way: Massachusetts Avenue, from existing joint pole number 57/32, on the westerly side of Mass. Avenue, place new sidewalk anchors and guys 7 feet (+) westerly of said pole. Selectmen’s Meeting – February 27, 2006 Verizon and Nstar – Mass. Avenue (Pole 57/68) Upon motion duly made and seconded, it was voted to approve the petition of Verizon New England, Inc. and Boston Edison Company d/b/a Nstar for permission to locate and/or relocate anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along the following public way: Massachusetts Avenue, from existing joint pole number 57/68, on the easterly side of Mass. Avenue, place new sidewalk anchors and guys 6 feet (+) easterly of said pole. Verizon and Nstar – Mass. Avenue at Maple Street Mr. Fitzgibbon, representing Verizon, withdrew this petition because of incorrect information. The petition will be resubmitted at a later date. Verizon and Nstar – Lincoln Street Leo McSweeney requested that streetlights be installed on two existing poles in an area of Lincoln Street close to Route 2, which is extremely dark. It was pointed out that this would be an expense of the Town. Upon motion duly made and seconded, it was voted to approve the petition of Verizon New England, Inc. and Boston Edison Company d/b/a Nstar for permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across: Lincoln Street, place new pole number 58/80A, on the easterly side of Lincoln Street, at a point 70 feet (+) southerly from existing pole number 58/81; also place new pole number 58/79A, on the easterly side of Lincoln, at a point 75 feet (+) northerly from existing pole number 58/79. Pledge of Liquor License – The Upper Crust Mr. Joshua Huggard, representing The Upper Crust, stated the company is requesting the pledge at the request of their Bank in order for them to get financing for expanding the restaurant into new locations. Upon motion duly made and seconded, it was voted to approve the application for a Pledge of License for a Restaurant all-alcoholic liquor license for Upper Crust, LLC, d/b/a The Upper Crust. Article Presentations Article 19 – Approve Senior Tax Relief Ms. Blier, Tax Deferral and Exemption Study Committee, stated the purpose of the article is to raise the exemption from property taxes from $750 to $1,000. In 2004, 34 residents took advantage of this tax relief; in 2005, 48 residents took advantage. No way to tell how many residents will want to take advantage of this increased exemption. A single property owner over 65 years of age cannot make more than $20,000 a year and in addition have assets of Selectmen’s Meeting – February 27, 2006 less than $40,000. The state reimburses the Town up to $29,500; the rest of the money will come from the overlay account. Article 20 – Establish Property Tax Deferral Interest Rate for FY2007 Ms. Blier, Tax Deferral and Exemption Study Committee, stated that the purpose of this article is to reduce the interest rate to less than 8 percent on property tax deferrals. Each year’s deferral is handled individually with a different rate. The Committee suggests that for the purposes of this deferral the interest rate shall be the monthly 2-year constant maturity treasury rate for the first week of March of the applicable fiscal year as published by the Federal Reserve. This rate would be close to what the Town earns on its investments. It was noted that because property tax bills are sent quarterly, the Town has a good cash flow and would not need to borrow in anticipation of taxes. Article 21 – Rescind Property Tax Work-Off Program Article 22 – Appropriate for Senior Service Program Mr. Valente stated these two articles would allow the Town to develop its own Senior Service Program that is more flexible than allowed under the existing State statute. The previous acceptance of the State program must first be rescinded (Article 21). The benefits to adopting Article 22 are: the Selectmen will establish the hourly rate; the Selectmen can establish the maximum amount earned; the Selectmen can establish the age requirement; the Selectmen will retain the option of setting income eligibility guidelines; and a Lexington program will be easier to administer. If the article is approved by Town Meeting, Town staff will draft rules and regulations for the Selectmen’s consideration. Article Positions The Selectmen began reviewing articles and taking positions. They are waiting for additional information from the Planning Board on the following articles: Article 4 – Zoning By-Law, Inclusionary Zoning Article 5 – Zoning By-Law, Impervious Surface Article 6 – Zoning By-Law, Parking in CB District Article 7 – Zoning By-Law, Amend CD-7 to CD-13, Starwood Hotels & Resorts, 727 Marrett Road Mr. Kelley would like additional information on Article 14 – Amend General By-Laws – Unauthorized Vehicles. All other Selectmen support this article. The Selectmen requested presentations on the following articles: Article 10 – Amend Non-Criminal Disposition By-Law (Street Opening) Article 12 – Authorize Inter-municipal Agreement for Mutual Aid Among Public Health Agencies Selectmen’s Meeting – February 27, 2006 The current Selectmen and Selectmen Candidate Burnell support the following articles: Article 8 – Resolution for a Scenic Byway Article 9 – Vine Street, Abandon Sewer Easement Article 11 – Amend Referendum Provisions: Chapter 215 of the Acts of 1929 Article 13 – Accept MGL Chapter 148 Section 26H (Fire Sprinklers) Article 19 – Approve Senior Tax Relief Article 20 – Establish Property Tax Deferral Interest Article 21 – Rescind State Property Tax Program Article 22 – Appropriate for Senior Service Program Recreation Fee Increases Ms. Simmons, Recreation Director, presented recommended fee increases for the coming year. Recreation program fees were last changed in 2003. All of the fee increases will generate around $87,000 per year. Upon motion duly made and seconded, it was voted to approve the recreation fee schedule as recommended by the Recreation Committee. Budget At-Risk List Mrs. Krieger thanked the Town Manager and staff for the expanded list of at-risk items that gives the Selectmen some flexibility in prioritizing the list. Selectmen reviewed the at-risk list and were reminded that they need to be prepared to vote on the at-risk list at the March 1 Budget Collaboration Meeting. Some Selectmen were concerned about the $25,000 reduction of the Street Paving Program. Selectmen requested and Mr. Hadley will provide information regarding how much DPW time it takes to maintain recreation areas. Selectmen thought that the solid waste enforcement program should be implemented. All Selectmen support the current priority of at-risk items, except Mr. Kelley, who feels it is a work in progress and feels the $25,000 needs to be put back into the Street Repaving Program. Mrs. Arnold, Transportation Advisory Committee, wanted to point out that it will be very hard to reduce the Lexpress budget if the override does not pass. They have already lost the Saturday service. The Transportation Advisory Committee may request time at a near future Selectmen’s Meeting to discuss what a reduction of $50,000 would mean to Lexpress. Selectmen’s Meeting – February 27, 2006 Ms. Mullins, Conservation Director, requested that the at-risk item for Conservation Assistant be revised from $8,000 to $40,000. This would allow the department to hire a clerk and if the override passes would allow them to hire a Conservation Assistant. All the Selectmen support this change, except Mr. Kelley. Capital Selectmen reviewed the status of capital projects. Discussed Article 28(c) – Building Envelope, Part a (Westview Cemetery Office Heating, Munroe Cemetery Building Roof, Park dept. Building Upgrades). Selectmen requested and Mr. Hadley will provide a breakdown of the $40,000 for the Westview Cemetery Office heating because they feel the number is high. The roof and updates do not meet the $25,000 minimum for capital projects and will be done from maintenance funds. DPW hopes Munroe’s roof can be done with CPA funds. The Capital Expenditures Committee recommends an appropriation of $250,000 instead of $300,000 for Article 28(a) Sidewalks. Article 28(b) – Lincoln Field Methane Gas Mitigation may not be ready to present to Town Meeting. The Town is currently waiting for a response from DEP. Minuteman Assessment The Selectmen briefly discussed the Minuteman assessment that is $187,000 higher than budgeted. The Town is currently waiting for the final state aid number and will discuss this at the March 1 Budget Collaboration meeting. Consent Agenda Auctioneer License – Custom Liquidators of America Upon motion duly made and seconded, it was voted to approve a two-day Auctioneer License for Custom Liquidators of America, d/b/a Newton Oriental Rugs, on Saturday and Sunday, March 25 and 26, 2006 at the Lexington Armory, 459 Bedford Street, from 10:00 a.m. to 5:00 p.m. each day. One-Day Liquor License – Temple Emunah Upon motion duly made and seconded, it was voted to approve a one-day liquor license for Temple Emunah to serve beer and wine for a Casino Night Fundraiser on Saturday, March 18, 2006 from 8:00 p.m. to 11:00 p.m. at Temple Emunah, 9 Piper Road. Selectmen’s Meeting – February 27, 2006 One-Day Liquor License – St. Brigid Parish Upon motion duly made and seconded, it was voted to approve a one-day liquor license for St. Brigid Parish for a fundraiser on Saturday, March 11, 2006 from 6:00 p.m. to 11:00 p.m. at St. Brigid Parish, 2001 Mass. Avenue. Designate Community Preservation Committee as Special Municipal Employees Upon motion duly made and seconded, it was voted to designate the Community Preservation Committee as Special Municipal Employees. Reenactment of Arrival of Paul Revere and Williams Dawes and Hancock-Clarke House Upon motion duly made and seconded, it was voted to approve the request of the Lexington Historical Society and the Lexington Company of Minute Men to do the annual reenactment of the arrival of Paul Revere and William Dawes at the Hancock Clarke House. The reenactment will begin Sunday, April 16, 2005 at 10:30 p.m. and will continue into the early hours of Monday, April 17, 2005. Minutes Mr. Cohen requested additional time to review the minutes of February 9, 2006, February 13, 2006, February 17, 2006, and February 17, 2006 (Budget Collaboration). Executive Session Minutes Mr. Cohen requested additional time to review the executive session minutes of February 13, 2006. Executive Session Upon motion duly made and seconded, it was voted by roll call (5-0) to go into executive session for the discussion of litigation issues with the intent to return to public session. Returned to open session at 10:15 p.m. Town Counsel Mr. Lahey, current Town Counsel, will be moving from Palmer & Dodge to Anderson & Kreiger as of March 1. Selectmen need to make a Town Counsel appointment either for an annual or an interim term. Some members of the Board were comfortable making the annual Town Counsel appointment. Others felt it was a good time for the Board to look into Town Counsel options and would like a committee formed to look into what the options are and make recommendations to the Selectmen. Selectmen’s Meeting – February 27, 2006 Upon motion duly made and seconded, it was voted 3-2 (Kelley and Pagett opposed) to appoint William Lahey, Anderson & Kreiger as Town Counsel for a one-year term. Upon motion duly made and seconded, it was voted 5-0 to appoint a committee to make recommendations to the selectmen regarding appointment of Town Counsel. Upon motion duly made and seconded, it was voted to adjourn at 10:30 p.m. A true record, Attest: Lynne A. Pease Executive Clerk