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HomeMy WebLinkAbout2006-03-BOS-min Budget Collaboration/Summit 6 March 1, 2006 A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held on Wednesday, March 1, 2006, at 7:00 p.m. in Lexington High School Commons II. Chairman Krieger, Mr. Pagett, Mr. Cohen 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. FY2007 Capital – Updated Recommendations from Capital Expenditures Committee Mr. Lamb, Capital Expenditures Committee (CEC), reviewed the capital recommendations of the CEC. The Committee voted 5-0 against supporting Article 15 – Amend General By- Laws to Create Energy Committee. Mr. Lamb emphasized his request regarding setting aside approximately $940,000 in a Stabilization Fund for Cash Capital items. The Appropriations Committee has not taken positions on the capital items yet. Questions were raised regarding Article 28(c)b – Building Envelope – ADA Upgrade, TOB Ramp and Door. Correct amount is $150,000 and the item is presently on the municipal at- risk list. CEC recommended $0 for FY2007. It should be reviewed again next year and Cary Hall should be priority. Discussed Article 28(a) – Sidewalks; Selectmen will consider Mr. Levine’s suggestion of putting it on the at-risk list and having an override item as an annual amount less than $300,000, maybe $50,000 as a way to reduce the stress on capital items. Mr. Lamb will discuss with the CEC but prefers not to have it set aside. Review of At-Risk Proposals (Municipal and School) Municipal Mr. Valente reviewed the Municipal At-Risk List by department. Mr. Levine, after reading the detailed information on each item, was concerned that the list felt like the 2003 override that failed. The list includes items that affect the day-to-day operations. He asked if there were any alternatives and suggested putting trash disposal at- risk instead of public safety. He also suggested charging more for certain items to cover the cost of the service. The Selectmen do not want to start a trash war again. The function of an override is to let the citizens decide the level of service they want. We have to remember that 70% of the Budget Collaboration/Summit 6 – March 1, 2006 municipal budget is for Police, Fire and DPW, so it is inevitable that some public safety items will be at-risk. Discussed implementing a solid waste/recycling enforcement program. This program is very common in other communities and can help to reduce solid waste. The sense was that it should definitely be implemented. Discussed the importance of restoring the position of Economic Development Officer and that it would generate revenue. The Library Trustees voted to reduce the Library budget by $120,000 by closing the East Lexington Library (saving $87,500) and closing Cary Library on Sunday (saving $41,600). This reduction will not affect the Library’s certification. Questions were asked about the impact of the reduction in overtime funding on the Fire ambulance and ladder. This would affect approximately 30 (days) times a year of second ambulance and 15 (days) times a year of the ladder truck. The Board is concerned about the impact, but they recognize the Town receives great support from neighboring communities. The Police reductions include elimination of the Police Cadet Program. Selectmen are concerned about the long-term consequences. Mr. Griffiths, School Committee, was very concerned about the possible elimination of the Social Services nutrition program. Mr. Valente was hopeful there would be a way to fund the program through Friends of the Council on Aging with fundraising. There was concern about the elimination of the mailing of State Election notices. Town Counsel is reviewing the law and it may be necessary to change the Town By-laws. Mr. Levine, Appropriations Committee, recommends taking the Fire and Police at-risk items off the list by restoring the water and sewer pilot reduction voted by the Board. The Selectmen felt this would not be appropriate. Discussed whether further money from reserves should be used to fund school and municipal at-risk items. Selectmen feel it is important not to further diminish our reserves but rather to grow the reserves for the future. The Selectmen would like the solid waste/recycling enforcement program implemented but do not want to remove from the override. Schools The School Committee voted 4-1 (Guttag opposed) to support the enhanced budget of $66,703,858. Budget Collaboration/Summit 6 – March 1, 2006 Mrs. Guttag, School Committee, gave a minority report. She supports the Basic Budget of $64,078,046 with the following additions: $650,000 for a maintenance account and $250,000 for Special Education. She urges the Town Manager and School Superintendent to work together to restructure the school and municipal IT departments into one that could provide savings and would support adding $75,000 from the School budget. Total override she supports is $4 million. Mr. Diaz, School Committee, gave his reasons for supporting the enhanced budget: it builds capital for Special Education; restores services and programs; builds middle management; and includes hiring teachers in math and science for the middle schools to improve performance of students. Dr. Ash reviewed the changes to the at-risk list. Minuteman Assessment Mr. Valente budgeted $900,000 for Minuteman, but the assessment came in at $1,082,250. We may receive additional state aid money that would cover the additional assessment. Mr. Valente recommends leaving the revenue projection as is and adjusting as necessary when we receive state aid numbers in mid-April. Mr. Kanter, Appropriation Committee, feels the revenue adjustment should be made now. Final Agreement on FY2007 Operating Budget The Selectmen need to vote on the total budget. Since Mr. Kelley was not at the meeting the Selectmen decided to meet on Thursday, March 2, 2006, in Cary Hall to take the vote. Total proposed budget, including at-risk items totaling $6,584,321, is $141.4 million. The School Committee plans to vote the School budget on March 15. Bill to Eliminate Local Access Mrs. Krieger discussed with the Board and they agreed that a letter should be sent to U.S. Representative Markey stating Lexington’s concerns regarding the possible elimination of local access fees that is being pushed by Verizon. Upon motion duly made and seconded, it was voted to adjourn at 9:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 2, 2006 A continuation of the Budget Collaboration/Summit 6 meeting of March 1, 2006 was held by the Board of Selectmen on Thursday, March 2, 2006 at 7:00 p.m. in Cary Hall. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz and Mr. Valente, Town Manager. Municipal At-Risk List A further discussion of the municipal at-risk list as presented at the meeting of March 1, 2006 was held. Mr. Kelley had a number of concerns and stated that the list should be further reexamined. Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to approve the at- risk list as presented. Budget A discussion of the budget for FY2007 was held. Mr. Pagett and Mr. Kelley indicated serious concerns with the total size of the school budget. Mr. Kelley indicated that he also had concerns about other aspects of the proposed budget. While a clear majority of the Board indicated support for the municipal side of the budget, it was agreed that a final vote on the budget would not take place until March 7, 2006 at which time the final school figure is expected to be reconciled along with other minor adjustments to the municipal budget. Upon motion duly made and seconded, it was voted to adjourn at 7:40 p.m. A true record; Attest: Norman P. Cohen Selectmen Selectmen’s Meeting March 7, 2006 A regular meeting of the Board of Selectmen was held Tuesday, March 7, 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 Mr. Bicknell thanked the Selectmen for all their support and expressed his pleasure that the CPA question was approved by the citizens of Lexington. Selectmen Concerns and Liaison Reports Mr. Kelley thanked the community for its support in getting him reelected. He mentioned that some incorrect information was passed around and he asked citizens to contact the Selectmen’s Office in order to talk with a Selectman to make sure they have the correct information. Mr. Cohen attended the Meriam Hill forum where the dangers of winter moths were discussed. He asked that DPW look into the need for spraying the trees in Lexington. Commitments and Adjustments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 4-0-1 (Manz abstained) to approve the following commitment/ adjustments: Adjustments of Water/Sewer Charges for the period from 1/1/06 to 1/31/06 -$68,201.24 Board of Health Ms. Wendy Heiger-Bernays presented information on the work that the Board of Health and Health Department have done on emergency planning for a flu pandemic, where they stand relative to other communities in Massachusetts and where resource gaps limit their ability to plan and respond to likely emergency situations. The public health community has been concerned about another pandemic flu since 1963 and only recently has been given orders, but not resources, to proceed with planning. The most effective tool is education. If there is a pandemic flu, there is little means to prevent it. The major task is consequence management at the local level. There is a multi-pronged approach that we are taking as part of a larger regional public health effort that is directed by the Massachusetts Department of Public Health. Cooperation with the police and fire departments is critical for effective Selectmen’s Meeting – March 7, 2006 response. The Board of Health suggests the formation of an LEPC (local emergency preparedness committee) to initiate formal coordination plans across responders in Town. Lexington has met the requirements and deliverables for preparedness set by the Massachusetts Department of Public Health. Since no resources are available for planning, this work is done at the expense of other Health Department responsibilities. Article Presentations Article 4 – Inclusionary Zoning Ms. Manz, Planning Board Chair, presented information to the Board on Article 4 – Zoning By-Law, Inclusionary Zoning. One of the goals of the Comprehensive Plan is diversity in Lexington’s housing stock. If approved, the inclusionary zoning by-law would require landowners/developers to provide as part of their project some percentage of affordable housing. Mr. Hornig, Vice Chair of the Planning Board, has simplified the proposed by-law to make it clearer and fairer for both small and large subdivisions. It also provides flexibility and there are many options. Selectmen have received calls from landowners and developers who feel this would be an unfair by-law; that the burden is on the landowner/developer. The Selectmen would like further information on how the by-law will be administered and enforced. The Planning Board’s purpose for the by-law was to find a way to increase the affordable housing and to maintain a diverse community. Mr. Kelley felt a legal review should be done. Chapter 40A, Section 9 of the MGL may provide information needed. Mr. Manz feels that the landowners who sell are changing the affordable housing numbers and it is fair and this by-law proposes a solution to the problem. One-third of Massachusetts’s communities have some sort of by-law or regulation for inclusionary zoning. Mr. Canale hopes to put together a table of comparable data to be presented at Town Meeting. It would be helpful to include in the analysis at what level the by-law kicks in, how long it has been in place in other communities, what land is available for subdivisions/clusters and what the minimum number of units is. Ray Gabler, Summer Street, Peter Staecker, Cedar Street, and Kay Tiffany, Reed Street, felt the by-law was unfair to landowners. Mr. Michelson, Emerson Gardens, is concerned they feel the burden of the 10% affordable housing and felt there needs to be a discussion with the Emerson Garden Condominium Association. Selectmen’s Meeting – March 7, 2006 Article 12 – Authorize Inter-municipal Agreement for Mutual Aid Among Public Health Agencies Mr. Fullerton, Health Director, stated this article would allow the Town to negotiate an inter- municipal agreement with individual communities of our choice. Currently there are similar agreements for the Fire and Police Departments. Article 15 – Amend General By-Laws to Create Energy Committee Mr. Weiss is requesting that an Energy Committee be created that would save the Town money. The committee would be appointed by the Town Moderator and modeled after the Appropriation Committee. The Selectmen would like to give the new Energy Conservation Committee some time to see if they can make any progress. Article Assignments The Selectmen received a proposed list of article assignments. If the Board members wish to make any changes it should be done soon. Budget Mr. Valente will be working to put together the budget books to send out by Monday, March 13, 2006, in time to meet the requirement of distribution 4 weeks prior to discussion at town meeting. Selectmen discussed the following items on the at-risk list: Item 41 – Eliminate Mailing of State Election Notice ($5,000). This will be removed from the at-risk list because a by-law change would need to be done. Item 45 – New CRT Recycling Fee ($25,000). After discussion with Town Counsel and the Appropriations Committee it was decided to remove it from the at-risk list because it is not consistent with the current by-law. Mr. Valente suggested not restoring a position until January of 2007 as a way to reduce a salary to cover the $30,000 discussed above for CRT Fee and State Election Notice. Mr. Kelley questioned the legality of reducing by $25,000 the $500,000 commitment for roads. Mr. Lahey will look into it. Mr. Valente responded that the Department of Revenue st says an override commitment is for 1 year and that Town Meeting cannot be bound after that. He will work will Town Counsel on a more complete answer. Mr. Manz suggested if the Board is not going to charge for CRT then the Town should not offer the service. Selectmen’s Meeting – March 7, 2006 Selectmen want to look into changing the solid waste by-law. Discussed eliminating Item 32 – Do Not Fund Handicapped Access Ramp at Town Office Building – and replace with $150,000 capital management fund dedicated to cash capital or similar projects. Upon motion duly made and seconded, it was voted to create a continuing balance account for cash capital items for asset management. The final item to be resolved involved getting the $25,000 reduction of the Street Paving Program (Item 25) off the at-risk list. Upon motion duly made and seconded, it was voted 4-1 (Krieger opposed) put the cost of CRT collection ($25,000) on the at-risk list and take off the $25,000 reduction for the Street Paving Program. Mr. Pagett read the statement below prior to the motion to adopt the budget. “I have been troubled by the development of the FY07 budget. We have now reached the point of a Selectmen’s vote on the total town budget without having achieved the basic agreements that have been characteristic of the past. The school budget has come to us with a 4-1 vote of support by the prior School Committee, the vote on our own at-risk list was not unanimous, and tonight when we vote on the total town budget there will also be a lack of unanimity. I have not been comfortable with two major assumptions that have gone into developing this budget, but have acquiesced to them in the hopes that together they would allow us to develop a budget with an override question that this community could join together in supporting. I had reservations about drawing down $2 million dollars in reserves to support the operating budget, as well as under funding the cash capital budget by just under $1 million dollars, shortchanging our important capital program by that amount. Even with these budget sweeteners, totaling some $3 million dollars, this budget as presented tonight will require an override of $6.6 million dollars to bring it into balance. Altogether, the drawdown on reserves, the under funding of the capital program, and the required override, means we have a structural imbalance in this budget that approaches $10 million dollars. And some are already saying we will need to go back for another operating override next year. I will be voting against the budget as currently constructed, but with the hope that in the few weeks before Town Meeting begins debating this budget we will be able to work with the School Committee to arrive at a compromise that we can all support. As it currently stands, the schools are requesting $5.1 million more than the current division of new revenue can accommodate, and the municipal side of the budget is requesting $1.5 million more. Selectmen’s Meeting – March 7, 2006 Reasonable arguments can be made for any and all of the items that such an override would fund, but there remains the question of what is practically possible. I am worried that asking for $6.6 million dollars at one time could lead to the failure of the entire override, regardless of how creatively any override questions are structured. Let us go back, look again at what we are hoping to achieve, and develop alternatives that postpone to the future fulfilling some of our needs. Mrs. Guttag has suggested reasonable alternatives that are worthy of examination and I encourage my school committee colleagues to consider them seriously. As the budget currently stands, I must vote NO.” Upon motion duly made and seconded, it was voted 4-1 (Pagett opposed) to approve the recommended budget to Town Meeting less $36,000 for solid waste enforcement, $5,000 for State election notice, $25,000 revenue for CRT fees, adjustment for float of hiring and removing $25,000 for the Street Paving Program and putting CRT collection on the at-risk list. The Selectmen requested that the budget reflect the 4-1 vote to approve the recommended budget in the Town budget book. Town Manager Review Performance Review Period: July 11, 2005 through February 28, 2006 We undertake this review of Carl’s performance recognizing that he has just begun to contribute to Lexington. All that we and our external reviewers can comment on are initial perceptions. We like what we see. Carl is exceeding our individual and collective expectations, is learning his way and gaining the respect of the community. Composite assessment: Exceeds expectations Management of Town Finance – We concur that preparation and management of the budget is perhaps the most critical aspect of the Town Manager’s job and has consumed a great deal of Carl’s time. We are uniformly impressed by Carl’s ability and willingness in the absence of a Comptroller/ Finance Director to manage the finances associated with the fall special town meeting, support the efforts of the Finance Policy Review Committee and come forward with a credible budget. We acknowledge his clear, complete budget presentation, his mastery of Massachusetts municipal finance law and his awareness of innovative ideas and metrics from other communities. Carl has initiated some additions to an already commended budget process including: clarification of accounting and presentation of the enterprise funds, supporting the recommendation to eliminate PILOT payments to the enterprise funds, providing greater control for gift accounts and a sound rationale for revenue projections. Selectmen’s Meeting – March 7, 2006 Any concerns about his financial management practices reflect our individual biases and no single concern was shared by more than two members of the Board. Among the areas of concerns were the combination of the school and municipal benefits under Shared Expenses, disagreement with the use of free cash to balance the budget in an override year, increased use of in-levy debt and decreased use of cash to fund capital projects and a hesitance to come forward with the specifics of the municipal at-risk list. We all agree that Carl has clearly and succinctly explained the rationale for his recommendations and listened to our concerns. Communication with Selectmen – Carl’s weekly reports are informative, relevant and concise. He keeps us well informed of trends and events. e.g. invitation to participate in the Keyspan crisis review sessions. One of us would like quarterly budget exception reports. When our individual recommendations differ from his, he clearly explains the rationale for his recommendation, relying on precedent and fact. He has made himself available, exhibiting an “outstanding open door policy”. In general he has been very flexible, dealing with our individual perspectives and weaving our interests into his recommendations. Communication with Other Boards -- Carl has quickly learned the expectations of Lexington’s many committees. We cannot comment about the relationships he has developed, but can comment on the manner of his interactions. Carl operates with the same informed, thoughtful style with other Committees as he does with the Board of Selectmen. The limited responses from the external reviewers applaud his depth of knowledge, cooperation “and willingness to bridge gaps and bring people together”. Negotiation of Contracts and with Bargaining Units and Vendors - Carl has kept the Selectmen fully informed as union negotiations have progressed. He has demonstrated good grasp of the issues necessary for success in his initial efforts. It is no easy task to enter into a negotiating situation as the new guy. Carl’s sound knowledge and personal manner should ensure success in bargaining. Carl is thorough and cautious in his review of Town contracts. Community Relations Carl is open, accessible and impartial. He has not backed away from the tough issues. He knows how to team with individual Selectmen to further community relations and has good instincts about validating his recommendations with appropriate community groups. We hear “people really appreciate his straight-forward, no nonsense manner and the speed with which he gets back to them on issues they have raised”. Personnel and Management – Hires have been limited. Carl appears to have guided the Comptroller/Finance Director search in the right direction. One of us is critical of the Water and Sewer business manager hire. In contrast, another of us has found the Business Manger extremely knowledgeable and helpful. Selectmen’s Meeting – March 7, 2006 Town personnel appear to appreciate Carl’s style. To his credit Carl has sustained the collegial team environment that has been the hallmark of the senior staff’s mode of operation. Carl appears to respect his staff and allows them to take credit for their accomplishments. New approaches are being encouraged i.e. on-line bill payment, a commitment to implementing GIS, website improvements. Leadership, Problem Solving, Integrity - Carl’s leadership skills were proven by the Keyspan incident. He empowered his staff, followed through and in so doing gained the respect of all players. Uniformly we are impressed by Carl’s work ethic, follow through and thoroughness. We marvel at his ability to rapidly learn his way around Lexington, our people, our strengths and our issues. We are impressed by his outstanding judgment of when to involve others from his staff and members of the community. One staff member would like Carl to share information more broadly, involve people beyond their immediate functional responsibility and encourage more interaction thereby tapping into the energy and culture that exists already in the organization to avail himself of the different perspectives each manager brings to his work. One of the external reviewers observed, “appears to be a big picture person, but understands that the smallest of details can have significant positive or negative impact on final outcome”. More than one reviewer commented on Carl’s excellent presentation skills, particularly of financial policies and data. We have the utmost respect for Carl’s sense of integrity. Summary - Carl has made strides toward introducing transparency on the budgeting process. In the short time he has been here he has accomplished a great deal. His style and manner are great assets. We have every reason to believe Carl will be an outstanding Town Manager for Lexington Composite assessment: Exceeds expectations Town Manager Appointments Upon motion duly made and seconded, it was voted to approve the Town Manager’s recommendation to appoint Nicholas Santosuosso and Shirley Buck to the Council on Aging for three-year terms to expire May 31, 2008. Selectmen’s Meeting – March 7, 2006 Consent Agenda Discovery Day Request Upon motion duly made and seconded, it was voted to approve the request of the Lexington Retailers to have exclusive use of the Muzzey Street/Waltham Street parking lot on Saturday, May 27, 2006 (rain date June 3) from 5:00 a.m. to 5:00 p.m. for the annual Discovery Day and for permission to erect seven temporary signs; park flat bed trailer in Lexington Center; and provide free parking. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of February 9, 2006, February 13, 2006, and February 27, 2006. Upon motion duly made and seconded, it was voted 4-0-1 (Cohen abstained) to approve the minutes of February 17, 2006 and February 17, 2006 (Budget Collaboration). Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of February 13, 2006 and February 27, 2006. Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m. A true record, Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 13, 2006 A regular meeting of the Board of Selectmen was held Monday, March 13, 2006, at 7:30 p.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Ms. Vine, Assistant Town Manager; and Ms. Pease, Executive Clerk were present. Public Comment Several citizens spoke about the need for a new senior center and felt the Selectmen need to take action now. Mr. Fedorochko said this is the first time a massive group has shown its concern about the Senior Center. The process to find a new senior center started in 1995; now 12 years later there has been no progress. Seniors are banding together to let the Selectmen know they are serious about finding more space and want the Selectmen to take action in 2-5 years. There are concerns about the air quality in the present senior center and they would like that fixed. They are also requesting that the Selectmen and Town Meeting recognize the serious need for a new Senior Center. Mr. Sheedy, Precinct 8, is concerned and disappointed in the Selectmen’s recent appointment to the Noise Advisory Committee. He requested the Board reconsider the appointment. 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/Sewer Charges for the month of February 2006 (Cycle 9) $152,494.24 Transfer of Liquor License – Lexington Liquor Mart Upon motion duly made and seconded, it was voted to approve the application and issue a license for the transfer of an all-alcoholic package store liquor license to Highpoint Liquors, LLC, d/b/a Lexington Liquor Mart, 58 Bedford Street. Article Presentations and Positions Article 16 – Amend Noise By-Law Mr. Susnock is attempting to refine the current Noise By-law pertaining to permits. He is seeking clarification on the permit process and hopes it will be a vehicle for citizens to come back for changes after a permit has been approved. There were questions about the by-law change being retroactive and also whether the threshold of complaints should be higher. Selectmen’s Meeting – March 13, 2006 Article 26 – Appropriate for Outdoor Sound System Ms. McKenna requested this article to have celebration events on the Battle Green be heard by all people attending the events. She checked out equipment that the Town currently had, what works and what does not and also looked at buying versus renting. She received a proposal from Valley Communications Systems for approximately $8,000, which includes all the equipment, consulting and training services. Mr. Michelson, on behalf of the Lion’s Club Board of Directors, offered to donate $8,000 to purchase the equipment, hopefully in time for this year’s Patriot’s Day events. The Selectmen thanked Mr. Michelson and the Lion’s Club for the very generous offer. Upon motion duly made and seconded, it was voted to accept the gift of $8,000 from the Lion’s Club for the sound equipment to be used for public celebrations. Mrs. McKenna is requesting that the Public Celebrations expense line item 8330 in Article 17 be increased by $2,000 to be used next year for any necessary training and/or consulting services and that line item 3510 be decreased by $2,000. The Selectmen need to discuss further where the $2,000 should come from. Article 35 – Appropriate for Municipal Parking Lot Mr. Hadley, DPW Director, updated the Board on the progress of developing the Nstar property at Massachusetts Avenue and Edison Way into approximately 33 additional parking spaces. The soils have been tested and there was no PCB contamination. Waiting for results of a topographic survey. Preliminary cost estimate is $150,000, which includes excavation, gravel, bituminous, curb, sidewalks/pedestrian ramps drainage and contingency. The area will be cut and filled and a guardrail will be installed on the Grant Street side. The contingency estimate will be used for the guardrail and things like landscaping. There was a discussion about whether the spaces would be metered or some other system used. If the project is approved the DPW will look into different options. Mr. Kelley would like to get away from using meters. This estimate does not include the cost of the lease. The Town Manager is working with Nstar on the lease. The cost of building the parking lot and the lease costs would come from the Parking Meter Fund. Selectmen’s Meeting – March 13, 2006 Article 10 – Amend Non-Criminal Disposition By-Law (Street Openings) Mr. Hadley, DPW Director, explained that the purpose of the article is to have an avenue to fine contractors who do not get a permit prior to beginning work. This would allow DPW to stop work, fine the contractor, and have them receive the proper permits. Mr. Hadley will provide the Selectmen’s Office with a proposed fee schedule. Article 24 – Accept Chapter 157 of the Acts of 2005 Mr. Cohen explained that Part 1 would allow veterans who retired on disability up to an additional $300 per year to their pension. Part 2 would make the amount retroactive to when the person retired. Part 1 would cost the town approximately $6,000 per year; Part 2 is a one- time payment that could cost up to $64,000. All of the funds would come from the retirement system. The Town Manager’s office is doing an inventory of individuals involved and what the cost of the retroactive part would be. Article Positions The Selectmen took positions on several articles. They will review the budget and then take additional article positions. Revised Policies for Review and Approval Mr. Cohen requested that the Burglar and Fire Alarm Policy and the Criteria for Annual Appointments go back to the Policy Manual Committee for further discussion to answer Board member questions. Upon motion duly made and seconded, it was voted to approve the Use of Comparable Communities Policy and the Selectmen Gift Account Policy. Appointment – Lexington Council for the Arts Upon motion duly made and seconded, it was voted to appoint Janet Post to the Lexington Council for the Arts for a three-year term to expire September 30, 2008. Town Manager Appointment – Historical Commission Upon motion duly made and seconded, it was voted to approve the Town Manager’s reappointment of Sarah Zimmerman to the Historical Commission for a three-year term to expire March 31, 2009. Selectmen’s Meeting – March 13, 2006 Consent Agenda MFS Sunlife Resolution Upon motion duly made and seconded, it was voted to sign a resolution to MFS Sunlife giving Rose Ducharme, Revenue Officer/Benefits Manager, authority to move, transfer, and withdraw money from 457 plans. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of March 1, 2006, March 2, 2006, and March 7, 2006, as corrected. Executive Session Upon motion duly made and seconded, it was voted by roll call to go into executive session 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 8:45 p.m. A true record, Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 20, 2006 A regular meeting of the Board of Selectmen was held Monday, March 20, 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 Jean Lee spoke about the need for a new senior center because existing space is cramped. She stated that she will vote no on any override until a new senior center is built. Town Manager Report There is a neighborhood meeting scheduled for Saturday, March 25, 2006 at 10:00 a.m. in Estabrook Hall in Cary Hall to discuss the DPW building project. The neighbors have been notified and an ad was put in the Lexington Minuteman. There will be bonds issued in early April that the Board will need to sign at its meeting on April 5. Municipal Lighting Plant Representative Kaufman and Patrick Mehr, Electric Utility Ad Hoc Committee member, came before the Selectmen to discuss whether a proposed letter should be sent to the Joint Committee on Telecommunications, Utilities and Energy urging support for the passage of Lexington’s home rule petition relating to establishing a “muni” (Bill H4204). Rep. Kaufman said four issues had emerged from the Department of Telecommunications and Energy: 1) fair market value; 2) due diligence from the Town; 3) if “muni” fails who bears the liability; and 4) economic savings. It is time for Lexington to decide how much potential capital they want to invest to move the bill forward and whether it would be worth the effort. It was suggested a simple letter be written to suggest a meeting with the Chairs of the Joint Committee to discuss the Town’s interest in pursuing the bill and our desire to engage in conversation. The letter should be sent to the Chairs of the Joint Committee on Telecommunications and copied to the DTE Chair, Speaker of the House and Senate President. When the meeting is scheduled it should include Chairs of the Joint Committee on Telecommunications, Rep. Kaufman, and the Town Manager and/or a Selectman. Upon motion duly made and seconded, it was voted to send a letter to the Chairs of the Joint Committee on Telecommunications stating the Town’s interest in discussing Bill H4204. Selectmen’s Meeting – March 20, 2006 Hearing – Change of Manager – Bertucci’s Upon motion duly made and seconded, it was voted to approve the application and issue a license for a change of manager for an all alcoholic common Victualler liquor license to Bertucci’s Restaurant Corporation, d/b/a Bertucci’s Brick Oven Ristorante, 1777 Massachusetts Avenue. Selectmen’s Ad Hoc Financial Policy Committee Report Mr. Lapointe, Chair of the Selectmen’s Ad Hoc Financial Policy Committee, presented the committee’s report. He highlighted four themes of the committee: 1) recognize this is the beginning of the effort and it is critical to determine what is next and get some value from the report; 2) respect for the analysis of the recommendations and that there is a need for lots of homework to be done; 3) the need for intergenerational equity and understanding the differences and who pays for what and how (example: pension pay); and 4) need for long range financial planning. The recommendations of the Selectmen’s Ad Hoc Financial Policy Committee include: 1. Capital Financing Policies to preserve the Town’s fixed asset base and ensure the Town’s buildings, facilities, and equipment efficiently and effectively support the Town’s programs and operations; 2. Reserve Policies to enable the Town to sustain service levels despite the adverse financial impacts of economic downturns and of unforeseen and extraordinary expenses; 3. Post Employment Benefit Policies to define and adequately fund the Town’s pension and health benefit responsibilities and obligations to its retired employees; 4. Debt Management Policies to prudently use debt as a funding source for preserving, renewing, or adding to the Town’s physical assets. Do not borrow to finance operations and ensure the lowest possible cost to the Town of short- and long-term borrowing; 5. Override Policies to ensure the voters the opportunity to choose the level of services and the scope and scale of significant capital projects, such as new buildings and major renovations, by proposing operating overrides and debt exclusions of the Proposition 2½ tax levy limitations. Selectmen feel it is important to begin education and engage the citizens on Town finances. The Selectmen need to think about what needs to be communicated to the citizens. Selectmen need to make clear that the citizens need to decide what level of service they want and find ways to ask what maintenance accounts are needed and then build some reserves. Mr. Pagett requested information on the general fund be sent via e-mail to the Selectmen for review. Selectmen’s Meeting – March 20, 2006 DPW Facility Architects Mr. Hadley, DPW Director, introduced representatives from HKT Architects, Inc. and Gannett Fleming, who gave an update on the design process of the proposed DPW facility. Discussion began by asking if it made sense for other departments to be located at the new DPW facility. Suggestions were Community Development, Permanent Building Committee staff, maintenance staff and storage, and whether public restrooms should be considered. Mr. Hadley plans to discuss these suggestions with the senior staff as an internal discussion first to see what their thoughts are. At the March 25 neighborhood meeting the hope is to receive input and address concerns from the abutters. It would also be helpful if the Selectmen could attend. Phase I of the design process includes assessing existing conditions, necessary programs to be included in design, and a schematic design. The architect is in the process of interviewing individual staff for input. There are four pieces to the project: a 2-story administration building, central storage areas, vehicle storage, and vehicle maintenance. Mr. Kelley feels the Board should look for opportunities to combine the school and municipal maintenance and facility functions and to have discussions with the school. Mr. Himmel, Permanent Building Committee member, says now is the time to discuss other items for inclusion in the DPW facility prior to having the schematic drawings done. It is important to pin down in the next couple of days what will be presented to Town Meeting under the current DPW Facility article. FY2006 Exception Report Mr. Valente presented the Board with a preliminary analysis of the FY2006 budget shortfalls as of March 15, 2006 totaling $346,800, which includes Insurance (Police and Fire Medical, Unemployment Compensation, and Workers Compensation), Library Utilities, Fire Overtime, and Town Clerk salaries and expenses. To cover the shortfall the Town Manager plans to use approximately $150,000 of budget surpluses, $150,000 from the reserve fund, and free cash. Article Positions The Selectmen took positions on Articles 5, Zoning By-Law, Impervious Surface; Article 6, Zoning By-Law, Parking in CB District; Article 16, Amend Noise By-Law; Article 24, Accept Chapter 157 of the Acts of 2005; and Article 27, Appropriate for Recreation Capital Projects. Selectmen’s Meeting – March 20, 2006 Because Article 4, Zoning By-Law, Inclusionary Zoning, will be indefinitely postponed, the Selectmen decided that Mr. Pagett will make a short presentation to help in educating citizens at Town Meeting regarding the need to increase the Town’s stock of affordable homes as new homes are built and ask what ways there may be to achieve that. Selectmen had questions on Article 16, Amend Noise By-Law, regarding the language of the motion. Since the bylaw can now be enforced only by a complaint filed in the District Court, it was suggested that perhaps an amendment to provide for non-criminal disposition is all that is needed. Article 25, Appropriate the FY2007 Community Preservation Committee Operating Budget, was discussed. The Selectmen will take a position after the public hearing to be held on March 30, 2006 at 7:30 p.m. in the Selectmen’s Meeting Room. Article 27, Appropriate for Recreation Capital Projects, items b) Engineering study/Center pool and c) equipment/Pine Meadows are supported by the Selectmen. Item a) Playground improvements, the Selectmen are waiting to see if CPA funds can be used. Article 28a, Appropriate for Municipal Capital Projects (Sidewalk Improvements), was discussed. Mr. Kelley would like to include a question on the override for an annual sidewalk appropriation. The Sidewalk Committee needs time to prepare a multi-year plan for sidewalks; this year’s request is for repair of sidewalks only. The Selectmen need to see the Capital Expenditures Report prior to taking positions on the capital requests. Appointments Registrar of Voters Upon motion duly made and seconded, it was voted to reappoint Gerald Abegg to the Registrars of Voters for a 3-year term to expire on March 31, 2009. Lexington Center Committee Upon motion duly made and seconded, it was voted to appoint Anne Cuervo to the Lexington Center Committee for a 3-year term to expire September 30, 2008. Town Manager Appointment – Conservation Commission Upon motion duly made and seconded, it was voted to approve the Town Manager’s reappointment of Joyce Miller to the Conservation Commission for a 3-year term to expire of March 31, 2009. Selectmen’s Meeting – March 20, 2006 Future Meetings Selectmen reviewed the meeting schedule for April. Selectmen will meet prior to Town Meeting from 6:30 p.m. to 7:30 p.m. on Monday and Wednesday until Town Meeting is over. There will be no town meeting on April 12 because of Passover and also during April vacation (April 17 to 21). Consent Agenda Minutes Upon motion duly made and seconded, it was voted to approve the minutes of March 13, 2006. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of March 13, 2006. 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 March 27, 2006 A regular meeting of the Board of Selectmen was held Monday, March 27, 2006, at 6:30 p.m. in the Selectmen’s Meeting Room. Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; Mr. Lahey, Town Counsel; and Ms. Pease, Executive Clerk were present. Because of Mrs. Krieger’s absence, the Board selected a temporary chairman Upon motion duly made and seconded, it was voted to appoint Peter Kelley as Acting Chairman until Mrs. Krieger returns. Article Positions and Presentation Article 13 – Accept MGL Chapter 148 Section 26H (fire sprinklers) Fire Chief Middlemiss has received additional information that indicates that Bed & Breakfast (B&B) establishments would be affected by the fire sprinkler legislation, but the hotel/motels would not. The economic impact to the B&B’s would be between $50,000 and $100,000 depending on the type of system installed. The Fire Chief recommends that Article 13 be indefinitely postponed. Upon motion duly made and seconded, it was voted to support indefinite postponement of Article 13 and to request the Fire Chief keep the Selectmen informed of the outcome of the Taunton case relating to rooming houses and whether sprinkler systems are necessary following acceptance of the law. Article 6 – Zoning By-Law, Parking in CB District The Planning Board’s intent for the article is to make a technical correction to the current by- law that would make parking at the Church of our Redeemer and Depot Municipal Lot legal parking areas for employers and their employees of Center businesses. The Selectmen support this article (4-1, Kelley opposed). Selectmen feel Mr. Bussgang’s amendment to Article 6 negates the Planning Board’s intent. Upon motion duly made and seconded, it was voted to not support Mr. Bussgang’s proposed amendment to Article 6. Budget Proposed Requests for CPA Funding The Community Preservation Committee will be proposing four potential projects for CPA funding: Open Space and Recreation Master Plan - $20,000 Cary Hall – Clerk’s Vault Upgrades - $60,000 Selectmen’s Meeting – March 27, 2006 Fire Station - Roof/drainage/floor - $100,000 Police Station – Dispatch center – cost to be determined The Community Preservation Committee will verify that the Fire Station and Police Station work can be covered by CPA funds. There were questions regarding bonding items versus using cash. The Selectmen will discuss at its meeting on Wednesday, March 29, 2006. The Selectmen requested additional information be provided at the March 29, 2006 meeting regarding the cost of the Police renovations. There will be approximately $2.3 million available in FY2007 to spend on CPA projects. Upon motion duly made and seconded, it was voted to submit to the Community Preservation Committee for consideration for CPA funds the Open Space and Recreation Master Plan, Cary Hall Clerk’s Vault Upgrades, Fire Station Roof/Draining and Apparatus Floor work, and the Police Station renovation for the dispatch center, pending verification of CPA eligibility. Article 36 – Appropriate for Senior Center Design/Conceptual Study Mr. Kelley asked if Article 36 would be indefinitely postponed. Mr. Pagett is not willing to support indefinite postponement unless there is a timeline for a new senior center. The Selectmen will discuss further at its meeting on Wednesday, March 29, 2006. Budget Collaboration The Selectmen discussed the need for an additional Budget Collaboration meeting to discuss budget issues. A meeting will be posted for Thursday, March 30, 2006 at 5:30 p.m. Appointment – Design Advisory Committee Upon motion duly made and seconded, it was voted to appoint Timothy Lee to the Design Advisory Committee for a 1-year term to expire September 30, 2006. Consent Agenda Commitment of Water and Sewer Charges Upon motion duly made and seconded, it was voted to approve the following commitment/ adjustments: Commitment of Water/Sewer Charges for the month of February 2006 (Finals) $3,472.09 Sidewalk Permit – Bertucci’s Upon motion duly made and seconded, it was voted to approve a sidewalk cafe permit for Bertucci’s, including the sale of alcoholic beverages, for the period of April 1 to October 31, 2006, under the conditions outlined by the Town Manager. Selectmen’s Meeting – March 27, 2006 Use of Battle Green – Lexington Minute Men, Inc. Upon motion duly made and seconded, it was voted to approve the request of the Lexington Minute Men, Inc. to use the Battle Green on Sunday, April 2, 2006 from 1:00 p.m. to 3:00 p.m. to hold the dress rehearsal for the annual reenactment (rain date Sunday, April 9 from 2:00 p.m. to 4:00 p.m.). Minutes Upon motion duly made and seconded, it was voted to approve the minutes of March 20, 2006. Use of Battle Green – Lexington Arts & Crafts Upon motion duly made and seconded, it was voted to approve the request of the Lexington Arts & Crafts Society to use the Battle Green on Tuesday mornings from 9:30 a.m. to 1:00 p.m. between March 28 and May 30, 2006 for painting classes with a maximum of 16 students. Upon motion duly made and seconded, it was voted to adjourn at 7:20 p.m. A true record, Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 29, 2006 A regular meeting of the Board of Selectmen was held Wednesday, March 29, 2006, at 6:30 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. Senior Service Program Mr. Valente presented suggested guidelines on how the proposed new Senior Service Program would be structured, options for hourly rates and maximum credit and the history of the current program. The current program is governed by a state statute with a limit of $750 per person; the Town would regulate the new program. There were questions regarding the change from per person to per household. The reason is they want to be able to offer to as many households as possible. Some of the Selectmen expressed reservations about this change. To date no one has ever been turned away. Money for the old program came from the overlay account. The new program will be a separate budget line item appropriation with a cap, currently planned for $25,000. Mr. Valente assured the Selectmen that the regulations for the new program would be written so that the Town Manager has flexibility when there are compelling reasons to make waivers. Budget Community Preservation Act Funding The Selectmen will discuss CPA funding at its next meeting after the public hearing on April 30. Information on the cost of the Police Dispatch Center renovations will also be available at the next meeting. Exempt Debt Mr. Valente discussed with the Selectmen the idea of Town Meeting not voting on exempt debt. There is no state requirement to do so. The Town Manager would like to reflect the exact amount on the recap sheet which the Town submit have in August. The Selectmen agreed that they should wait until the Town receives an exact exempt debt number and include that in the recap sheet. Budget Collaboration Meeting At the Budget Collaboration meeting after Town Meeting there will be a discussion of the School Committee’s request for a question for special education costs. The group will discuss whether some money should be set aside in a stabilization fund. Selectmen’s Meeting – March 29, 2006 Article Positions Article 16 – Amend Noise By-Law The Selectmen discussed Article 16. A majority of the Selectmen do not support the article. They are concerned about the requirement for a hearing after receiving a single complaint and the requirement to have complaints heard within 60 days. Article 5 – Zoning By-Law, Impervious Surface The Selectmen briefly discussed the amendment the Planning Board will be presenting to Town Meeting later tonight that changes the ISR slightly. Article 36 – Appropriate for Senior Center Design/Conceptual Study Mr. Pagett feels it is important for the Board to take a position on Article 36 and Article 33 – Appropriate for School Administration as it relates to a new Senior Center so the interested parties are informed. There will be further discussion at the next Selectmen’s meeting. Upon motion duly made and seconded, it was voted to recess the Selectmen’s Meeting until after Town Meeting when the Board of Selectmen will be part of a Budget Collaboration Meeting in Estabrook Hall. Consent Agenda Arbor Day Proclamation Upon motion duly made and seconded, it was voted to sign a proclamation to proclaim April 28, 2006 as Arbor Day in the Town of Lexington and to urge all citizens to support efforts to protect our trees and woodlands and to support our town’s urban forestry program. Authorization for Bill Stuffer in Real Estate Bills Upon motion duly made and seconded, it was voted to authorize a bill stuffer be put in the May 1 Real Estate bills that describes how a resident can pay the bill on-line. Authorization to Submit Chapter 90 Project Request Forms Upon motion duly made and seconded, it was voted to authorize the Town Manager to submit Chapter 90 Project Request Forms. A true record; Attest: Lynne A. Pease Executive Clerk Budget Collaboration/Summit 7 March 29, 2006 The Board of Selectmen resumed its meeting at a Budget Collaboration/Summit 7 Meeting with the School Committee and Finance Committees in the Selectmen’s Meeting Room at 9:45 p.m. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager were present. The Chairs of the School Committee, Appropriation Committee and Capital Expenditures Committee called their members to order. Proposal/Discussion Regarding School Committee’s Override Question 4 Question 4 of the School Committee’s proposed override votes was discussed. The Town Manager, Assistant Town Manager for Finance and School Superintendent proposed eliminating the $280,000 question for SPED out of district placement contingency. To make up for this, a four-step process was suggested, including a $100,000 increase to the Reserve Fund. The School Committee and Selectmen voted 9-1 (Kelley opposed) to support the recommendation. Issue Paper – Anticipated Gap for FY2008 Deb Brown presented an issue paper on how to manage the anticipated gap for FY2008. Future discussion will take place. Upon motion duly made and seconded, it was voted to adjourn at 10:50 p.m. A true record, Attest: Norman P. Cohen Selectmen