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HomeMy WebLinkAbout2006-04-BOS-min Selectmen’s Meeting April 3, 2006 A regular meeting of the Board of Selectmen was held on Monday, April 3, 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. Liquor License – Change of d/b/a for Second Julian, LLC (94 Hartwell Avenue) Mr. Brackett, Manager, came before the Selectmen to request a change of d/b/a from The Hartwell Grill & Wine Bar to Max Stein’s American on Hartwell because of a conflict with the trademark. There is no change to the business plan. Plans are to open on April 24, 2006. Upon motion duly made and seconded, it was voted to approve the application and issue a license for the change of d/b/a of an all-alcoholic common Victualler liquor license to Second Julian LLC, d/b/a Max Stein’s American on Hartwell, 94 Hartwell Avenue. MWRA Sewer Rehabilitation Project Terry Flynn and Tom Linburg, representing MWRA, updated the Board on an upcoming project in Lexington along the bike path to rehabilitate the corroded force main pipe by slip lining with butt-fused high-density polyethylene pipe. To complete the work the contractor will set up at access pits excavated at the upstream and downstream ends of work. The HDPE pipe will be fused above ground along the bike path and pulled through the existing ductile iron pipe with a winch. All areas affected by construction will be restored to match preconstruction conditions. It is anticipated that construction will take approximately 12 weeks once it begins. The bike path will be passable most of the time. It will be closed for an hour or two as necessary and a police detail will be on the bike path when necessary. Work will not encroach on any private property. MWRA will work beside the bike path and on the bike path as necessary and trucks will be behind the Fire Station. MWRA will notify the Town when they can start the project. Communications Advisory Committee – RCN Contract Amendment Mr. Buczkowski, member of the Communications Advisory Committee (CAC), presented an amendment to the RCN contract. The proposed amendment will provide the Town the following: $50,000 lump sum, the Town will no longer pay for internet service ($1,000 per month) until the end of RCN’s contract (May 2009), and the Town will not be required to repay the initial revenue received from RCN at the beginning of their contract. Selectmen’s Meeting and Budget Collaboration/Summit – April 3, 2006 Mr. Pagett asked why this amendment, which had been submitted to the Board in identical form over a year ago and rejected, was being resubmitted. At the time the Board declined to approve this amendment they instructed the CAC to vigorously negotiate implementation of the contract’s terms to provide access to the entire town. Mr. Buczkowski explained that the CAC had been unsuccessfully negotiating with RCN for over a year trying to get the entire town wired and have been advised by counsel that demanding compliance with the contract under threat of invoking the performance bond would probably not be successful. In the meantime, Verizon has now requested to be licensed in Lexington. If they become a cable provider, they might be able to provide service to the residents that cannot receive service from RCN. Upon motion duly made and seconded, it was voted 3-2 (Kelly and Pagett opposed) to accept the proposed RCN contract amendment as presented. Budget The Community Preservation Committee (CPC) voted to recommend the following projects to Town Meeting to be CPA funded projects: 1. Cary Memorial Hall Vault Rehab - $60,000 2. Police Station Building Renovations - $100,000 3. Fire Station Renovations - $100,000 The CPC also voted $25,000 for its administrative budget ($20,000 to update the Open Space/Recreation Plan and $5,000 for mailing and other incidental expenses) with the balance of the FY2007 CPA revenues going to the various CPA reserve accounts for future appropriation by Town Meeting. The current budget gap is $5.3 million. Because the Cary Hall Vault Rehab and the Fire Station Renovations will be funded through CPA, the budget gap can be reduced by $160,000. The Selectmen discussed whether Article 36 - Senior Center Design/Conceptual Study should be indefinitely postponed. A majority of the Selectmen feel there is not enough time between now and the end of Town Meeting to bring forward a site for a new senior center. If a site is identified and money is needed for a study there is $35,000 currently available from a previous article. Mr. Pagett and Mr. Manz requested commitment to a plan/timeline on the process for a new Senior Center. Mr. Goell and Ms. Terzian expressed their concerns that the Senior Center issue will disappear. They want to see a timeline soon. Selectmen’s Meeting and Budget Collaboration/Summit – April 3, 2006 Ms. Cohen, Chair of the Council on Aging, expressed her frustration with the lack of progress toward a new senior center that has been studied and explored for over 10 years. She is disturbed that a new senior center will again be put on the back burner. The need for a new senior center is real and the need increases daily. The Selectmen need to respond to the seniors as soon as possible. Ms. Cohen has the study of the senior center needs that was completed for $15,000. She pointed out that she asked for time on the Board’s agenda several weeks ago to present these findings to the Selectmen and was waiting for an invitation. Mr. Pagett believes a decision needs to be made and it is the responsibility of the Selectmen to resolve this issue. The Selectmen agreed unanimously to: 1) conclude discussions with the Munroe Center by the fall; 2) urge the School Committee to resolve its interests in the old Harrington School and the School Administration Building in the same time frame; and 3) commit to bringing the issue to the fall special town meeting or even to call a special town meeting if a site is identified sooner. The Selectmen agreed to indefinitely postpone Article 36 – Appropriate for Senior Center Design/Conceptual Study. Upon motion duly made and seconded, it was voted 4-1 (Pagett opposed) to remove $40,000 (Article 36) from the base budget. Traffic Mitigation Agreement – Starwood Mrs. Krieger hopes that there will be a Traffic Mitigation Agreement for the Starwood Company for the Selectmen to approve on Wednesday, April 5. Executive Session Upon motion duly made and seconded, it was voted by roll call to go into executive session for the purpose of potential litigation with the intent to return to open session at approximately 8:00 p.m. for a Budget Collaboration/Summit 8 meeting. Budget Collaboration/Summit 8 The Board of Selectmen resumed its meeting at a Budget Collaboration/Summit 8 Meeting with the School Committee and Finance Committees in the Selectmen’s Meeting Room at 8:00 p.m. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease were present. Selectmen’s Meeting and Budget Collaboration/Summit – April 3, 2006 The Chairs of the School Committee, Appropriation Committee and Capital Expenditures Committee called their members to order. Discussion of Appropriation Committee Override Options Paper The Appropriations Committee unanimously voted to recommend preserving the reserve level of $5.57 million at a minimum through FY2008. Ms. Brown, member of the Appropriation Committee, reviewed the financial forecasts with reserves projections for FY2007 through FY2008. She discussed two scenarios for preserving reserves and services: Scenario 1 – assumes a combination of utilizing $1.9 million in free cash in FY2008 and seeking annual overrides for both FY2007 and FY2008, and Scenario 2 assumes that we address the gap by utilizing $1.9 million in free cash in FY2008 and add an additional $1.38 million stabilization fund question to the upcoming June 2006 operating override. This would give us an additional $2.76 million for FY2008 and minimize the need for consecutive yearly overrides. Most felt Scenario 1 was the best option because it would be too difficult to educate citizens and get a question passed asking for money to be set aside for a stabilization fund. The confusion might affect the outcome of other questions. A couple of School Committee members and one Selectman spoke for Scenario 2 because it offered a year without the at-risk process. They felt the likelihood of overrides in two consecutive years was also likely to negatively affect the outcome of the override questions this year. Further discussion needs to take place on how to increase reserves and make structural changes for FY2008 and beyond. Review Recommendations of Community Preservation Committee Mr. Valente discussed the vote of the Community Preservation Committee to request CPA funds for the Archives and Environmental Control Project and the Fire Station Building Envelope Project, which could reduce the base budget by $160,000. Also discussed were not appropriating the $40,000 for the Senior Center Design Study and not spending $65,000 for miscellaneous capital items. That would allow the Selectmen to reduce the gap by $265,000 and bring the override amount down to $5,041,751. The Selectmen will discuss later how to reduce the at-risk list. The Appropriation Committee feels the Board should not use capital money to fund the operating budget. Mr. Bartenstein does not support reducing the override amount, but feels it is an opportunity to restore cash capital. Most Selectmen feel it is important to reduce the override as much as possible and a majority of the CEC agreed. Selectmen’s Meeting and Budget Collaboration/Summit – April 3, 2006 The Budget Collaboration/Summit 8 ended at approximately 9:35 p.m. The Selectmen remained in session. Budget The Selectmen continued its discussion of what to remove from the at-risk list. Upon motion duly made and seconded, it was voted 4-1 (Kelly opposed) to remove Items 1 through 6 and 23 and to reduce 24 as necessary from the municipal at-risk list. Motions Mr. Valente is struggling with writing the operating budget motions to properly show the contingency votes that are necessary. The Town Manager will get a legal opinion on how to handle the contingency issues. It may be necessary to vote the operating budget and then go back and vote necessary contingency pieces. 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 Selectmen’s Meeting April 5, 2006 A regular meeting of the Board of Selectmen was held on Monday, April 5, 2006, at 6:30 p.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; Mr. Lahey, Town Counsel; and Ms. Pease, Executive Clerk were present. Mr. Kelley was unable to attend the meeting due to an illness. Commitment and Adjustments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 3-0-1 (Cohen abstained) to approve the following commitment/ adjustments: Commitment of Water/Sewer Charges for December 2005 (Finals) $81.78 Commitment of Water/Sewer Charges for January 2006 (Finals) -$2,737.94 Adjustments of Water/Sewer Charges for period from 2/1/06 to 2/28/06 -$174,060.40 Sign Bonds Upon motion duly made and seconded, it was voted that the sale of the $9,403,000 Municipal Purpose Loan of 2006 Bonds of the Town dated April 1, 2006, to UBS Securities, LLC at the price of $9,449,617.05 and accrued interest is hereby confirmed. The bonds shall be payable on April 1 of the years and in the principal amounts and bear interest at the respective rates, as follows, subject to earlier redemption at the option of the Town as provided in the Preliminary Official Statement dated March 28, 2006: Interest Interest Year Amount Rate Year Amount Rate 2007 $1,178,000 3.75% 2015 $725,000 4.00 2008 1,100,000 3.75 2016 650,000 4.00 2009 1,075,000 3.75 2017 100,000 4.00 2010 1,075,000 3.75 2018 100,000 4.00 2011 950,000 3.75 2019 100,000 4.00 2012 725,000 4.00 2020 100,000 4.10 2013 725,000 4.00 2021 75,000 4.125 2014 725,000 4.00 and further that the consent dated April 5, 2006 to the financial advisor bidding for the bonds is hereby confirmed. DPW Facility There will be a meeting scheduled for Wednesday, April 19, 2006 at 9:30 a.m. to discuss the new DPW Facility with the Senior Management Team. Selectmen’s Meeting – April 5, 2006 Traffic Mitigation Agreement – Starwood Mrs. Krieger explained that this is the first traffic mitigation agreement that the Traffic Mitigation Group has prepared and feels it is a sound agreement that will serve all parties well. The Transportation Advisory Committee requested that an endowment be started. Mr. Manz asked if that was possible and what would prevent it from happening. Mr. Valente believes the state statutes provide options and it was agreed that the language in the agreement is broad enough to allow. The Selectmen agreed this would be a good idea, but cautioned that the payment will not be received for some time and it would be up to the Board in place at the time to take the necessary action to accomplish this. Upon motion duly made and seconded, it was voted to approve and sign the Traffic Mitigation Agreement between Starwood Hotels and Resorts, and the Town of Lexington. Article Positions/Budget Article 7 - Zoning By-Law, Amend CD-7 to CD-13, Starwood Hotels & Resorts, 727 Marrett Road The Selectmen agreed that it is an appropriate project and that they would support the article. Article 15 – Amend General By-Laws to Create Energy Committee The Selectmen discussed Mr. Weiss’ amended motion, which is a resolution in two parts. The Selectmen support Part 1, which urges the Selectmen to direct the Energy Conservation Committee to initiate and pursue development of a plan for prudent energy management of school and municipal buildings and to report to Town Meeting. Part 2 requests that an ad hoc Institutional Task Force be appointed to explore alternative means for ensuring that funds appropriated by Town Meeting for maintenance, repair and energy conservation in the Town’s public schools are used only for the purpose intended. The School Committee conveyed its concern to Selectmen that Part 2 of this article will take away the autonomy of the school budget. Mr. Weiss explained that his resolution deals only with the schools because when money is appropriated on the municipal side it has to be used as appropriated. He wants to find a way to separate the Buildings budget from the School budget so the money will be used for needed maintenance. Selectmen support Part 2 of the motion and believe there needs to be a plan for maintenance of all Town buildings. Selectmen’s Meeting – April 5, 2006 Town Manager Appointments – Conservation Commission Upon motion duly made and seconded, it was voted to approve the Town Manager’s reappointment of Philip Hamilton and Ralph Bitsko to the Conservation Commission for three-year terms to expire March 31, 2009. Resignation/Appointment – Design Advisory Committee Upon motion duly made and seconded, it was voted to accept the resignation of Bruce Creager from the Design Advisory Committee as a full member, effective immediately, and to appoint Mr. Creager to the Design Advisory Committee as an Associate Member for a 1- year term to expire September 30, 2006. Future Meetings The Selectmen decided to schedule meetings for May 8, 2006, May 22, 2006, June 12, 2006, and June 26, 2006. Consent Agenda Minutes Upon motion duly made and seconded, it was voted to approve the minutes of March 27, 2006 and March 29, 2006. Upon motion duly made and seconded, it was voted to adjourn at 7:05 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 10, 2006 A regular meeting of the Board of Selectmen was held on Monday, April 10, 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. Selectmen Concerns and Liaison Reports Because of a flurry of e-mails regarding the Munroe Center for the Arts, Mrs. Krieger reminded everyone that there is a working group that is developing a process to determine the role of the Munroe Center for the Arts and that the Town Manager will be the spokesperson for all Munroe issues. Town Manager Report Mr. Valente received a request from Paint a Plate Studio in Lexington. They want to sponsor a fundraiser for Heifer International and asked for the Town’s involvement. The Town Manager will ask Paint a Plate to come to a Selectmen’s meeting to make a presentation. 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 March 2006 (Cycle 9) $232,124.36 Transportation Advisory Committee Ms. Arnold, Co-Chair of the Transportation Advisory Committee (TAC), requested the Selectmen’s support for a 20% fare increase for Lexpress general passes for FY2007. The proposed rates, effective July 1, 2006, would be: 12 month pass - $300, 6 month pass - $190, 3 month pass - $120, 1 month pass - $50, and Family Pass - $625. Ms. Arnold also requested the Selectmen’s approval of the proposed service reductions that would be necessary to cut $50,000 from the FY2007 budget if the override fails. TAC proposes to stop service as follows: from July 1 to August 25 from 7:00 to 8:00 a.m. and from 6:00 to 6:30 p.m.; no service between August 28 and September 1; and from September 2006 through June 2007 no service between 11:00 a.m. and 12:00 noon and between 6:00 and 6:30 p.m. Upon motion duly made and seconded, it was voted to accept the recommendations of the Transportation Advisory Committee for a 20% fare increase for general passes and the $50,000 worth of service reductions, should the override fail. Selectmen’s Meeting – April 10, 2006 Budget Article 17 – Appropriate FY2007 Operating Budget Mr. Valente informed the Board that he will be reducing the revenue projections by $35,000, which represents the TDM funds which are expected from the Met State/Avalon Bay Project. The $35,000 has been temporarily offset by an increase in local receipts. This issue will be sorted out in time for setting a tax rate in the fall. Article 28b – Appropriate for Municipal Capital Projects (Lincoln Field Methane Gas Mitigation) It appears that DEP’s approval will not be received in time for this Town Meeting. Mr. Valente is recommending that $60,000 be requested at Town Meeting for the engineering, design and contract documents phase. Then in the fall money would be requested for construction. Article 28e – Appropriate for Municipal Capital Projects (Street Improvements) Mr. Valente’s preference is to not have Town Meeting appropriate the Chapter 90 funds. Town Meeting is only required by state law to authorize the acceptance of Chapter 90 funds. This would allow the Town to spend all of the Chapter 90 funds received, not just what Town Meeting appropriated. Article Positions The Selectmen took positions on several articles. Three Selectmen support Article 17 – Appropriate FY2007 Operating Budget; Mr. Pagett does not support and Mr. Kelley wants to hear further discussion at Town Meeting. Four Selectmen support Article 23 – Continue Departmental Revolving Funds; Mr. Kelley does not. Mr. Pagett requested that at the next goal setting meeting review of how the revolving funds work be discussed. All of the Selectmen support Article 18 – Appropriate FY2007 Enterprise Funds Budgets, Article 25 – Appropriate the FY2007 Community Preservation Committee Operating Budget and Article 27a – Appropriate for Recreation Capital Projects (Playground Improvements). All of the Selectmen support $300,000 for sidewalk improvements (Article 28a – Appropriate for Municipal Capital Projects (Sidewalk Improvements)). The Selectmen discussed the amendment to raise fees that will be presented at Town Meeting on the School Budget line item. Three Selectmen do not support the amendment; Mr. Kelley will listen at Town Meeting and Mr. Pagett will vote in favor of the amendment because it is a way to lower the total override amount. Selectmen’s Meeting – April 10, 2006 Discussion of Override Questions The Selectmen will discuss override questions at its meeting on April 19, 2006. Consent Agenda Minutes Upon motion duly made and seconded, it was voted to approve the minutes of April 3, 2006 and April 5, 2006. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of April 5, 2006. Use of Battle Green – National Day of Prayer Upon motion duly made and seconded, it was voted to approve the request of The Pastors Fellowship to hold National Day of Prayer on the Battle Green on Thursday, May 4, 2006 from 11:30 a.m. to 1:30 pm. Proclamation – 2006 Minuteman Cane Award Upon motion duly made and seconded, it was voted to approve and sign the 2006 Minuteman Cane Award Proclamation. Upon motion duly made and seconded, it was voted to adjourn at 7:25 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 19, 2006 A special meeting of the Board of Selectmen was held on Wednesday, April 19, 2006, at 9:30 a.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager were present. Also Present: Janet Slemenda, HKT Architects; Jeff Alberti, Gannett Fleming Architects; Bill Kennedy, Permanent Building Committee (PBC); and Bill Hadley, DPW Director. Discussion of New DPW Facility Mr. Hadley reviewed with the Board the recommendations of the Senior Management Team regarding offices and operations to be located at the new DPW facility. Below is a copy of the recommendations. DPW Facility Co-Location Preliminary Recommendations Senior Management Team April 11, 2006 Assumed will be in new facility: ?? DPW Administration ?? Engineering ?? Meeting room that can expand into Emergency Operations Center ?? Smaller meeting rooms ?? Vault and records storage ?? ADA-compliant customer service area Suggested for co-location: ?? Building Maintenance Advantages for Town custodial/maintenance staff to move to new building o with adequate space, needed tools & materials, and workshop facilities Could free up some parking at TOB o ?? Water billing - utility enterprise business manager Improved communication with water/sewer staff – meter readers, etc. o Bills would continue to be paid at Town Office Building o ?? Voting facility for Precinct 8 Few other public building options – currently Fire Station location is o problematic Minimum area 1,000 sq. ft., roughly 30 parking spaces needed o Could use meeting room/emergency operations center space o ?? Networking closet Move wide area network equipment from current location at Liberty o Mutual building Needs climate control, backup generator, fire protection o Selectmen’s Meeting – April 19, 2006 Potential Options Need Further Discussion: ?? School Department custodial and maintenance staff Selectmen and School Committee need to discuss issues of potential space o sharing and organizational consolidation Could shared space work with diverse reporting relationships? o ?? Police mechanic Potential economies of scale and increased vehicle repair efficiency vs. o loss of “ownership” – would quality and confidence suffer? (24x7 availability required) Would gain backup when mechanic is out, but lose flexibility of work o assignment in other Police areas, e.g. dispatch Wouldn’t add a bay to the facility design, would need only a secure inside o location for backup cruiser Police Station garage currently serves as secure sally port for prisoners – o accreditation requirement ?? Satellite recycling drop-off facility Issues of traffic and visual impact o Location more convenient than Hartwell Ave. for some residents o Not Recommended for Co-Location at New Facility: ?? Transportation Office TOB close to Depot Square o Customer convenience o ?? Cemetery Department clerk Would be negative for customer service (bereaved families) o Cemetery foreman provides backup o ?? Community Development TOB location is easier for customers who need to ask questions – near o Planning, Assessor Increased traffic (especially early morning during inspectors’ office hours) o would negatively affect neighborhood Electronic permitting and GIS will make it easier to coordinate without o face-to-face communication Consider shifting Town vehicles back – convenience, lost time issue o ?? Planning Department No need to move (GIS considerations?) o Planning Board meetings are in TOB o ?? Temporary kennel to replace Animal Shelter No synergies o ?? Bulk storage for other departments Not convenient location o Additional cost o Selectmen’s Meeting – April 19, 2006 ?? Public Restrooms Security issue on weekends o Cleaning and supplies cost o ?? Electronic customer service area, possibly with ATM “Nice to have” but added design, construction & maintenance costs o Technology is getting smaller, more portable o ?? LexMedia studio No synergies o Mr. Pagett suggested that meeting room space be organized so that public meetings could be held at the new DPW facility in the evening without the office area being open to the public. Mr. Kelley asked that the Historical Commission be consulted to determine whether the old trolley barn portion of the existing facility has any historic value. The Board expressed its interest in co-locating the School and Town building maintenance operations at the new DPW facility. Mr. Kelley, Mr. Manz and the Town Manager will discuss this matter with School Department officials. They will also discuss whether school vehicles can be maintained at the new facility. The Board expressed its interest in co-locating police department vehicle maintenance at the new DPW facility and requested that a programmatic analysis of this option be evaluated. The Board agreed that the Water Billing function and a PBC office should be relocated to the new DPW facility. The Board expressed interest in the new facility having pubic restrooms that could be accessed by Minuteman Bikeway users when the building is open. The Board agreed that the following functions should not be located at the new DPW facility: ?? Transportation office, to remain at the Town Office building; ?? Cemetery office, to remain at Westview Cemetery; ?? Community Development and Planning, to remain at the Town Office Building. Discussion of Proposition 2 ½ Override Questions The Board discussed the format and structure of potential Override Questions. Ms. Krieger proposed that there be two municipal questions. One question for approximately $325,000 would be for the maintenance of buildings, properties and equipment on the at-risk list, to be combined with the School maintenance question. The other question would be for all other items on the municipal at-risk list. Selectmen’s Meeting – April 19, 2006 Mr. Kelley suggested that there be four questions, two school questions and two municipal questions. Under this scenario, two questions would provide for the funding of existing school and town services on the at-risk list and two questions would provide for funding of restored and additional school and town services on the at-risk list. It was agreed that Ms. Krieger would work with the School Committee to draft two school questions, a third joint school/town maintenance and equipment question, and one or two municipal service questions. Ms. Krieger agreed to speak with Town Meeting Member Ben Cohen regarding his proposed amendment to Article 22. Upon motion duly made and seconded, it was voted to adjourn at 12:10 p.m. A true record; Attest: Carl F. Valente Town Manager Selectmen’s Meeting April 24, 2006 A regular meeting of the Board of Selectmen was held on Monday, April 24, 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; and Ms. Pease, Executive Clerk were present. Marrett Road Intersection Presentation Representatives from Mass Highway presented the 25% design drawing of the Marrett Road/Waltham Street intersection. The current plan includes angled parking at Marrett Square. Mass Highway plans to acquire necessary land from the two gas stations. Mr. Manganello, owner of Marrett Square, is concerned about the loss of any parking spaces and has proposed an alternative plan that Mass Highway agreed to look at. Selectmen questioned whether zoning requirements for parking at Marrett Square would become an issue if a new tenant were to lease space. The next phase of this project is for Mass Highway to have a public hearing to receive comments from abutters. Mass Highway would like to hold the public hearing on Tuesday, June 13, 2006. Then there is a 10-day comment period and a response to the comments. Mass Highway will then present the Town with a 75% design drawing to review and comment on. Upon motion duly made and seconded, it was voted to recommend the Marrett Road/Waltham Street intersection process move forward and to allow the state to hold a public hearing on June 13, 2006. Issues around parking and Mr. Manganello’s proposed parking plan for Marrett Square, need to be part of the public hearing process. Article Positions/Budget Mr. Valente presented draft motions for Article 41, Appropriate for Prior Years Unpaid Bills, and Article 42, Amend FY2006 Operating Budget. The Selectmen support both articles. Selectmen discussed the amendment language for Article 17 under Line Item 1100 (Lexington Public Schools). The Selectmen did not want to take a position until they heard what the School Committee decided. Consent Agenda Commitment of Water and Sewer Charges Upon motion duly made and seconded, it was voted to approve the following commitment: Commitment of Water/Sewer Charges for Town-wide Bills-Section 1 (Spring) $1,881,176.66 Selectmen’s Meeting – April 24, 2006 Use of the Battle Green Upon motion duly made and seconded, it was voted to approve the request of the William Diamond Jr. Fife and Drum Corps to use the Battle Green on Friday, May 5, 2006, from 6:30 th p.m. to 8:30 p.m. for the 6 annual Lexington fife and drum corps tattoo and muster. Upon motion duly made and seconded, it was voted to approve the request of the William Diamond Jr. Fife and Drum Corps to have 20 fife and corps units parade along Massachusetts Avenue from Munroe Tavern to Marrett Road and into the grounds of the National Heritage Museum on Saturday, May 6, 2006, from 11:00 a.m. to 12:00 noon. One-Day Liquor License – Parenting Resource Associates Selectmen requested that the music and serving of liquor stop at 11:00 p.m. in consideration of residents in the area. Upon motion duly made and seconded, it was voted to approve the request of Parenting Resource Associates for a one-day liquor license for a fundraising dance on Saturday, June 3, 2006, from 6:30 p.m. to 11:00 p.m. at the Hayden Field on Worthen Road. One-Day Liquor License – The Lexington Players Upon motion duly made and seconded, it was voted to approve the request of the Lexington Players for three one-day liquor licenses at Cary Hall for a dance theater for Friday, May 5, 2006, at 8:00 p.m., Saturday, May 6, 2006, at 8:00 p.m. and Sunday, May 7, 2006 at 2:00 p.m. and 7:00 p.m. th Lions Club July 4 Carnival – Approval of Dates/Field Lights Permission to hold the carnival is contingent on the following: ?? Carnival workers are absolutely prohibited from having living/sleeping quarters on the site; ?? The Lions Club shall be responsible for making a $1,000 deposit for a backflow preventer valve from the DPW; th ?? On July 4, the softball field lights may remain on until 2:00 a.m. to facilitate the cleanup of the site; ?? No part of the carnival should be set up in the infield portion of the softball field; and ?? The carnival will not include a “break a bottle” game. Upon motion duly made and seconded, it was voted to approve the request of the Lion’s Club th to hold the July 4 Carnival on Friday, June 30, 2006, from 6:00 to 11:00 p.m.; Saturday, July 1, 2006, from 1:00 to 11:00 p.m.; Sunday, July 2, 2006, from 1:00 to 11:00 p.m.; Monday, July 3, 2006, from 6:00 to 11:00 p.m.; and Tuesday, July 4, 2006, from 1:00 p.m. to 8:00 p.m. Upon motion duly made and seconded, it was voted to approve the request of the Lions Club to have the baseball lights turned on from 10:50 to 11:30 p.m. on June 30 through July 3 and from 9:30 p.m. to 2:00 a.m. on July 4-5. Selectmen’s Meeting – April 24, 2006 Upon motion duly made and seconded, it was voted to adjourn at 7:25 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 25, 2006 A joint meeting of the Board of Selectmen and the School Committee was held on Tuesday, April 25, 2006, at 1:00 p.m. in the Selectmen’s Meeting Room. Selectmen present: Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk were present. School Committee members present: Chairman Cohen, Mr. Griffiths, Ms. Guttag, Mr. Diaz, Mr. Sahkuja, and Dr. Ash, School Superintendent. Minuteman Tech Bomb Scare Mr. Valente relayed that Minuteman Tech had received two calls in the morning, approximately 15 minutes apart, that there was a bomb in the building. The State Bomb Squad, Lincoln and Lexington Police and Fire departments were on the scene. Students were evacuated and the building searched. Students were allowed back in the building at approximately 1:00 p.m. Discussion of Override Questions Mr. Kelley presented his suggested override questions. He suggests two school questions and two municipal questions. Each would have a sustained services question and an enhanced services question. Not enough support was shown to discuss further. The group discussed briefly how the combined maintenance should work. There needs to be more discussions over the next year and also a need to look into other towns that have a combined maintenance program to see what works and what does not. All were in agreement that the maintenance question is important to get started. The School Committee stated that they were committed to spending the money from the maintenance question on maintenance, no matter what happens with the override. The group then discussed whether there should be four questions: two school questions, one combined school/municipal maintenance question and one municipal question. Suggestion was made to split the maintenance question into restored items and enhanced items. Not enough Selectmen supported splitting. The warrant will be prepared for the Selectmen’s approval and signature as soon as Town Meeting is over. Executive Session Upon motion duly made and seconded, it was voted by roll call vote to go into executive session with the School Committee for the purpose of contract negotiations with the intent to return to open session. Selectmen/School Meeting – April 25, 2006 Selectmen returned to open session at approximately 3:15 p.m. Continued Discussion of Override Questions The Selectmen decided to schedule a meeting for Friday, April 28, 2006, at 8:30 a.m. in case it is needed to vote and sign the override warrant. Upon motion duly made and seconded, it was voted to adjourn at 3:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 26, 2006 A regular meeting of the Board of Selectmen was held on Wednesday, April 26, 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; and Ms. Pease, Executive Clerk were present. Paint a Plate Fundraiser Robin Millman, Paint a Plate Studio, wants to help raise $5,000 for Heifer International. Heifer International provides animals of all kinds to impoverished families. Everyone is encouraged to come to the studio during April and May to paint a heart for a $10 donation. The Selectmen support her request to display all of the hearts on Emery Park over the first weekend in June (June 3 and 4). Article Positions The Selectmen all support the following Articles: Article 28 – Appropriate for Municipal Capital Projects Article 32 – Appropriate for School Capital Projects and Equipment Article 35 – Appropriate for Municipal Parking Lot Article 40 – Appropriate for Stabilization Fund Article 41 – Appropriate for Prior Years’ Unpaid Bills Article 42 – Amend FY2006 Operating Budget Discussion of Override Questions Mr. Pagett would like the Board to consider changing the order of the questions and having the municipal question first, then the maintenance question and then the school questions. Mrs. Krieger feels the school questions need to come first as requested by the School Committee. The Selectmen will be meeting on Friday, April 28, 2006, at 8:30 a.m. in the Selectmen’s Meeting Room to vote to approve and sign the warrant with the override questions. Mr. Kelley requested that the meeting be broadcast on cable to allow citizens to receive information regarding the questions. Resignations/Appointments Traffic Mitigation Group Upon motion duly made and seconded, it was voted to accept the resignation of Wendy Manz from the Traffic Mitigation Group, effective immediately. Selectmen’s Meeting – April 26, 2006 Upon motion duly made and seconded, it was voted to appoint Richard Canale to the Traffic Mitigation Group representing the Planning Board. Communications Advisory Committee Upon motion duly made and seconded, it was voted to accept the resignation of Steve Ellis from the Communications Advisory Committee, effective immediately. Upon motion duly made and seconded, it was voted to appoint James Gonzalez to the Communications Advisory Committee to fill the unexpired term of Michael Greene to expire September 30, 2007. Consent Agenda Use of Battle Green – World Laughter Day Upon motion duly made and seconded, it was voted to approve the request of P. Lynn Caesar, Arlington Laughter Club, to hold a laughter session on the Battle Green for World Laughter Day on Sunday, May 7, 2006, from 3:00 p.m. to 4:00 p.m. Use of the Battle Green – Diamond Fife & Drum Corps Upon motion duly made and seconded, it was voted to approve the request of the William Diamond Jr. Fife and Drum Corps to use the Battle Green on Tuesday, May 2, 2006, from 6:30 p.m. to 8:00 p.m. for a tattoo dress rehearsal. Keyspan Street Resurfacing Mr. Hadley, Director of Public Works, reported to the Board that he had received the survey of streets that need to be repaired because of the Keyspan incident. The list will be reviewed and prioritized and then the Town will meet with Keyspan to agree upon a plan. Upon motion duly made and seconded, it was voted to adjourn at 7:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 28, 2006 A meeting of the Board of Selectmen was held on Friday, April 28, 2006, at 8:30 a.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk were present. Override Questions The purpose of the meeting was to approve the questions for the June 5 override. Mrs. Krieger read question 1: Shall the Town of Lexington be allowed to assess an additional $2,614,509 in real estate and personal property taxes for the purposes of meeting educational goals including preserving 36.15 teacher and staff positions and programs that include elementary Spanish and high school German; fee-free elementary music; integration of computers in the K-8 curriculum; moderating athletic fees; most high school science instruction at six periods per week; help sessions and other instructional duties in high school social studies, mathematics, and foreign language; preschool, secondary and K-12 health and physical education personnel; existing debate travel; moderating elementary school class sizes; and new teacher training for the fiscal year beginning July 1, 2006? Mr. Kelley and Mr. Pagett feel the structure of the question should be broken down into two questions (sustained and enhanced). It is important to provide choice to the voters. Mrs. Krieger read question 2: Shall the Town of Lexington be allowed to assess an additional $551,607 in real estate and personal property taxes for the purposes of meeting educational goals including restoring textbook and supply budgets; providing needed secondary school classes and moderating secondary school class sizes; funding additional debate travel; and providing for the operation of the high school language lab for the fiscal year beginning July 1, 2006? Mr. Krieger read question 3: Shall the Town of Lexington be allowed to assess an additional $1,059,100 in real estate and personal property taxes for the purposes of funding necessary and appropriate maintenance of municipal and school buildings and properties including a school preventive maintenance program for four new and renovated buildings; two additional staff to supervise building maintenance and monitor energy consumption in ten school buildings; three custodians to reduce custodial overtime expenditures; a municipal reserve fund for ongoing building envelope renewal and repair; four fuel-efficient replacement vehicles; restoration of the highway superintendent position to ensure efficient operations; and equipment to maintain the automatic transmissions of the DPW fleet for the fiscal year beginning July 1, 2006? Selectmen’s Meeting – April 28, 2006 Mrs. Krieger read question 4: Shall the Town of Lexington be allowed to assess an additional $799,335 in real estate and personal property taxes for the purposes of restoring and preserving municipal services including a Middle School Police Resource Officer; a Human Resources Director; an Information Technology Director; a records management/archives program; training and professional development of staff; updating of fire and Emergency Medical Services (EMS) equipment; purchase of a police cruiser; a Police administrative clerk; Sunday hours of operation at Cary Library; operation of the East Lexington Library; an Economic Development Officer; 10 hours/week of Lexpress transportation operation; an Assistant Conservation Officer; continued scheduled collection of cathode ray tube (CRT) and related electronic refuse (e-waste); 12 weekly curbside yard waste collections; and the tree planting program for the fiscal year beginning July 1, 2006? Mr. Kelley wanted to include in the question how many times a year CRT is collected. He also wants to increase the recycling options. Mr. Manz feels it has to be a zero cost to the Town. Mr. Pagett asked for further information on the survey that was done regarding the questions and the order they are asked. Mr. Diaz stated that the survey found that 3 of the 4 questions were not sensitive to location. Only question 1 lost votes depending on its location. Upon motion duly made and seconded, it was voted 2-3 (Krieger, Cohen, Manz opposed) to have the order of questions 1, 4, 3, 2. The motion failed. Upon motion duly made and seconded, it was voted to call an operating override for Monday, June 5, 2006. Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to put 4 questions on the override as discussed at the meeting and with the appropriate changes. Upon motion duly made and seconded, it was voted to adjourn at 9:20 a.m. A true record; Attest: Lynne A. Pease Executive Clerk