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HomeMy WebLinkAbout2006-12-BOS-min 64-236 Selectmen’s Meeting December 1, 2006 A special regular meeting of the Board of Selectmen was held on Monday, December 1, 2006, at 8:00 a.m. in the Selectmen’s Meeting Room for Department Budget Presentations. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. FY 2008 Budget Presentations Social Services Ms. McSweeney presented the Social Services Department FY2008 Budget Requests. Level Service Requests: Council on Aging Administration $206,362; Council on Aging Program $21,109; Adult Day Care $303,566; Human Services and Veterans Administration $78,974; Services for Youth $52,715; Council on Aging Support Services $52,279; and Developmentally Disabled $14,839. Total Level Service Budget: $729,844. Program Improvement Request: Community Outreach Worker $46,829. Department Goals include: look for opportunities to reduce the Town’s contribution to the Supportive Day Care Program; incorporate accounting system for Senior Center trip and other programs into the Social Services Department, with the establishment of a Revolving Fund; develop Senior Health Monitor Program; and collaborate with Town departments and community organizations around issues related to Youth Services. Selectmen discussed the role of the community outreach worker. Ms. McSweeney will bring a job description to the Board of Selectmen, including to whom the position will report, before the board makes its decision. Library Ms. Rawson presented the Library FY2008 Budget Requests. Level Service Requests: General and Technical Services $642,484; Adult Library $1,132,900; and Children’s Library $341,200. Total Level Service Budget: $2,117,504. Program Improvement Requests: Materials Restoration $15,000. Capital Improvement Project: Renovation of East Lexington Branch Library - $25,000 in FY2008; $35,000 in FY2009; $60,000 in FY2010; and $0 in FY2011 - FY2012 for a total of $120,000. Department Goals include: develop plan to address conditions at the historically significant Stone Building and decide on future use as a Branch Library; improve energy management in the Main Library; restore library collection to pre-construction conditions; meet the 13% materials requirement established by the Massachusetts Board of Library Commissioners; and improve Lexington’s Net Borrower Status within the Minuteman Library Network. 64-237 Budget Presentations - December 1, 2006 Selectmen asked about the Branch Library no longer appearing as a separate element in the budget. Ms. Rawson explained that costs are still tracked for the branch library as a separate entity. Since staff and supplies rotate through the branch from the Main Library, this will give a more realistic view of the total operation of the Library. Recreation Ms. Simmons presented the Recreation FY2008 Budget Requests. Level Service Requests: Recreation $1,002,938; Pine Meadows $505,850; and Indirect Costs $248,000. Total Level Service Budget $1,756,788. Capital Improvement Projects: FY2008 through FY2012 capital improvement projects total $1,902,000 as follows - Center Basketball Court Reconstruction $85,000; Valley Road Tennis Court Improvements $130,000; Park Improvements – Athletic Fields $400,000; Pine Meadows Improvements $400,000; Center Tennis, Basketball and Center 2 Softball Lighting $310,000; Town Pool Renovation $300,000; Center Complex Restroom Renovation $77,000; Park and Playground Improvements (Adams) $50,000; and Park and Playground Improvements (Franklin and Monroe) $100,000. Department Goals: create a Field Use Subcommittee or Community Sports Council; assess the feasibility of National Recreation Accreditation; develop a Risk Management Plan for the Aquatics program. Selectmen asked about indirect costs in the level service requests. Mr. Young showed how the annual $248,000 transfer to the General Fund is broken down: Lincoln Park Debt $100,000; DPW – Park Transfer $100,000; and Insurance/benefits $48,000. Mr. Valente will do an indirect cost analysis in the spring. Upon motion duly made and seconded, it was voted to adjourn at 10:05 a.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk 64-238 Selectmen’s Meeting December 4, 2006 A special meeting of the Board of Selectmen was held on Monday, December 4, 2006, at 8:00 a.m. in the Selectmen’s Meeting Room for Department Budget Presentations. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. FY 2008 Budget Presentations Town Clerk Ms. Hooper presented the Town Clerk FY2008 Budget Requests. Level Service Requests: Town Clerk Administration $214,346; Board of Registrars $17,125; Elections $64,080; and Records Management $33,725. Total Level Service Budget $329,276. Program Improvement Requests: Microfilming $7,000; Laserfiche Web Link $9,800; Digital Document Scanner $6,500; and Assistant Town Clerk $55,345. Total Program Improvement Requests $78,645. Capital Improvement Project: Archives and Records Management Record Preservation - $30,000 for FY2009 through FY2012 for a total of $120,000. Department Goals include: develop fully integrated office staffing with tools and skills for effective and efficient operation of the office; operate efficient and legally compliant elections and evaluate and assess poll options; and implement Records Management Program for statutorily required and historically appropriate retention of organizational records and information. FY2008 budget assumes that there will be a combined election in March 2008 for local election and presidential primary. If two separate elections are needed, approximately $18,000 additional money will be needed. It is expected that handicap voting equipment will be available for FY2008 elections. Planning Ms. McCall-Taylor presented the Planning FY2008 Budget Requests. Level Services Requests: Planning $214,437. Program Improvement Requests: Housing Specialist $49,600. Department Goals include: Cluster By-law revision; Transportation By-law draft; Developers Handbook; and National Pollution Discharge Elimination Systems by-law. Selectmen discussed the request for a Housing Specialist, the role of LexHAB and the Housing Partnership Board and whether a Housing Specialist is needed. Selectmen should contact LexHAB to discuss. 64-239 Budget Presentations – December 4, 2006 Town Manager Ms. Vine presented the Town Manager FY2008 Budget Requests. Level Service Requests: Organizational Dir. and Administration $ 487,003; and Human Resources $136,919. Total Level Service Budget $623,922. There are no Program Improvement Requests for the FY2008 Town Manager budget. Department Goals include: develop a strategy and proposal regarding employee health benefit/compensation plans; develop a process and plan to draft a license agreement for Munroe School; improve tracking process for Town Meeting follow-up; finalize Cary Memorial Hall renovations including audio/visual systems, meeting room set-ups and fine arts improvement; develop a marketing plan for Cary Memorial Hall in collaboration with the Economic Development Officer and Center Committee; oversee office renovations for the Board of Selectmen’s Office, meeting space and Town Manager’s Office area; revise employee performance review process, tool, and professional develop plans; begin the process to centralize the personnel files for the municipal organization; implement health insurance audit program; and redesign of town’s website. Discussed the need for a Revolving Fund for Cary Hall to allow revenues to be used for maintenance of building. Mr. Pagett requested that an additional goal be added to develop a strategy for funding post employment health benefits and hopes the FY2008 budget will include at least a token contribution. Finance Mr. Addelson presented the Finance FY2008 Budget Requests. Level Service Requests: Comptroller $546,924; Revenue $276,229; Assessor $385,890; and Utility Billing $63,268. Total Level Service Budget $1,272,310. Program Improvement Requests: Contracted Services $22,500 and Dues and Subscriptions $12,000. Total Program Improvement Requests $24,500. Capital Improvement Project: Replace Town Hall Phone System $60,000 in FY2009. Department Objectives include: Assessing – provide periodic updates to Selectmen on the revaluation process. Comptroller – convert manual tracking of vacation and sick leave by all departments to MUNIS and transition to accounting for Trust Funds in the general ledger. Revenue – Continue progress in putting delinquent taxes into tax title and move unpaid water and sewer bills onto tax bills preparatory to moving delinquent taxes to tax title. 64-240 Budget Presentations – December 4, 2006 MIS Mr. Addelson presented the MIS FY2008 Budget Requests. Level Service Requests: MIS Administration $463,410 and Web Development $13,700. Total Level Service Budget $477,110. Program Improvement Request: Web Site Development $8,530. Selectmen asked about the vacant MIS Director position. Mr. Valente stated that discussions have taken place with the schools regarding combining the position. Discussions have been on hold since the failed school override. Mr. Valente plans to begin discussions again. Ms. McLaughlin discussed the work being done to streamline the Town web page. Currently contacting vendors to provide the service. Hope to have additional information on 2 vendors by December 15 to help decide how to proceed. Upon motion duly made and seconded, it was voted to adjourn at 10:30 a.m. A true record; Attest: Lynne A. Pease Executive Clerk 64-241 Selectmen’s Meeting December 4, 2006 A regular meeting of the Board of Selectmen was held on Monday, December 4, 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; and Ms. Pease, Executive Clerk, were present. Public Comment Jim Goell, 6 Boxwood Lane and Lexington Senior Advocates Chairperson, presented the Selectmen with a petition signed by 1,650 Lexington residents who request that the Selectmen choose a site for a new senior center and include an article funding preliminary site planning and design in the Spring 2007 Town Meeting Warrant. Michael DePaulo, representative from the Consulate General of France in Boston, presented the Selectmen with a letter from Francois Gauthier thanking Lexington for the use of the Battle Green for the ceremony on October 14, 2006 to honor nine American Veterans who fought in France during World War II and also a book of pictures taken that day. Leslie Bove, Blossomcrest Road, spoke regarding the school redistricting plan. Her neighborhood is worried about the path their children will have to walk on to school that is not safe. Mr. Griffiths, School Committee member, stated that the School Committee is having a redistricting hearing on December 13, 2006 where residents can discuss possible issues with the proposed redistricting plan. The plan has not been finalized. Town Manager Report Federal law requires that the Town have or be a part of a Local Emergency Planning Committee. The Fire Department is working on joining a regional effort with 14 other communities. Mr. Valente will keep the Selectmen informed. Hearings Lexington Liquor Mart – Pledge of Liquor License Devinder Rekhi, manager of the Lexington Liquor Mart, was available to answer any questions. Selectmen asked about the recent violation of selling alcohol to minors and expressed their concern about the management and plans for the future. Mr. Rekhi responded that he did not take over ownership of the store until November 2. He will be providing alcohol awareness training to all his new employees and the Woodward family will not be working at the store any longer. Selectmen stressed that they take the liquor violations seriously. Mr. Cohen requested that the Pledge License be corrected to say Lexington Licensing Board rather than Westborough Licensing Board. 64-242 Selectmen’s Meeting – December 4, 2006 Upon motion duly made and seconded, it was voted 5-0 to approve the application for a Pledge of License for a Package Store All Alcoholic liquor license for Highpoint Liquors, LLC, d/b/a Lexington Liquor Mart. Lexington Senior Center Selectmen discussed what was happening regarding finding a site for a new senior center. Possible sites are dependent on the School Committee’s decision on the White House and the Harrington School. Parking is an important issue that has to be looked at. Mr. Pagett asked about whether Munroe was still considered a possible site and also wanted to know how long it would be before the Town would have a signed lease with Munroe. He is concerned about the condition of the building. Ms. Krieger says negotiations are still underway and she is not prepared to move Munroe out of the building. Tax Classification Mr. Pagett would like to reexamine the Residential Exemption and whether Lexington should vote to adopt it. Upon motion duly made and seconded, it was voted 3-2 (Kelly and Pagett opposed) to establish the residential factor of 1.74 for fiscal year 2007. Upon motion duly made and seconded, it was voted 5-0 not to adopt the Open Space Discount for fiscal year 2007. Upon motion duly made and seconded, it was voted 4-1 (Pagett opposed) not to adopt the Residential Exemption for fiscal year 2007. Upon motion duly made and seconded, it was voted 5-0 not to adopt the small commercial exemption for fiscal year 2007. Commitment and adjustments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer commitments and adjustments: Commitment of Water/Sewer Charges for Town-wide bills – Section 2(Fall) $1,871,100.82 Commitment of Water/Sewer Charges for Town-wide bills – Section 3(Fall) $2,484,854.92 Adjustments of Water/Sewer Charges for the period from 8/1/06 to 8/31/06 -$12,126.43 64-243 Selectmen’s Meeting – December 4, 2006 Noise Advisory Committee – Permit Process Mr. Galaitsis, Chair of the Noise Advisory Committee, presented the Selectmen with Special Permit Forms that could be used by petitioners seeking relief from the Noise By-Law. Application packets for noise issues will include an application form, filing procedure, plot plan, financial hardship, proposed noise impacts, notification of abutters, and fees. At a future meeting Selectmen will adopt the Special Permit forms and set a fee. Legal Services Review Committee Report Mr. Enrich, Chair of the Legal Services Review Committee II, presented the final report of the committee. The charge for the committee was complex and the final report only st addresses the 1 step. Four models for legal services were looked at: in-house staff, local practitioner, full-service firm specializing in municipal services, and retention of a multi- purpose law firm. The Committee visited communities using the four different models and spoke to the users and Anderson and Kreiger. The findings were that all four models have strengths and communities are happy with the model they currently use. The Committee concluded that the Town is well served by its current model. The Committee now needs guidance from the Selectmen as to what the next step should be. The charge suggests the Selectmen would decide what model they want and then the Committee would look at different firms. Mr. Pagett feels this is the perfect time to do due diligence and see what services other firms are capable of providing. Mr. Enrich stated that committee members felt it would be very difficult to compare the costs to different comparable towns. Mr. Cohen does not want to have to pick the lowest bidder, who may not be the best for Lexington. Mr. Kelley wants to make sure that we connect with the School regarding a possible single source for legal services and try to figure out the entire legal costs for school and municipal. Mr. Cohen reminded the Board that the School, under Massachusetts Law, can have their own counsel. Upon motion duly made and seconded, it was voted 3-2 (Kelley and Pagett opposed) that the current model and firm is the right one for Lexington and that no further action is needed by the Committee. Upon motion duly made and seconded, it was voted 5-0 to accept the report of the Legal Services Review Committee II Report and dissolve the committee. Special Town Meeting/DPW Facility Mr. Valente presented a draft motion and outline for presentation of the proposed new DPW Facility at the Special Town Meeting. 64-244 Selectmen’s Meeting – December 4, 2006 Selectmen requested that information be put on the table at the Special Town Meeting describing all the different costs associated with the project. The process for the next 6-8 weeks will be to look at the cost elements and determine the function and operating costs for the new building. Mr. Hamburger spoke about a possible amendment. He has two problems: 1) sticker shock of $30.5 million; and whatever the number is, it needs to be clear that due diligence was done. Questions Mr. Hamburger feels that citizens would like answers to include: will it be quiet, whether there will be a joint school/town facilities maintenance, whether the trucks will be inside or outside, and how will the current DPW space be used in the Town Office Building. All agreed that due diligence needs to be done by evaluating the project in the next 6-8 weeks. Mr. Hamburger will not bring an amendment if the process discussed is followed. Resignation – Sidewalk Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Stephanie Mitzenmacher from the Sidewalk committee, effective immediately. Consent Agenda Closing of the Warrant for the 2007 Annual Town Meeting Upon motion duly made and seconded, it was voted to set the date for the closing of the Warrant for the 2007 Annual town Meeting on Thursday, December 28, 2006. Set Date for the Local Election Upon motion duly made and seconded, it was voted to set the date for the local election for Monday, March 5, 2007. Set Date for First Session of the 2007 Annual Town Meeting Upon motion duly made and seconded, it was voted to set the date for the first session of the 2007 Annual Town Meeting for Monday, March 26, 2007. Auctioneer License – Richard Cohn Upon motion duly made and seconded, it was voted to vote to ratify a poll vote for an Auctioneer License for Richard Cohn for Wednesday, November 29, 2006 at 153 North Street for Egleston Cleaner and Laundromat. 64-245 Selectmen’s Meeting – December 4, 2006 Executive Session Upon motion duly made and seconded, it was voted by roll call vote to go into executive session for the purpose of a litigation matter, not to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 10:05 p.m. A true record, Attest: Lynne A. Pease Executive Clerk 64-246 Selectmen’s Meeting December 8, 2006 A special meeting of the Board of Selectmen was held on Friday, December 8, 2006, at 8:00 a.m. in the Selectmen’s Meeting Room for Department Budget Presentations. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. FY2008 Budget Presentations DPW General Fund Bill Hadley presented the DPW FY2008 Budget Requests: Level Service Requests: DPW Administration $459,002; Engineering $493,953; Street Lighting $392,001; Highway Maintenance $894,572; Road Machinery $646,843; Snow Removal $610,248; Parks Division $818,382; Forestry $302,857; Cemetery $274,051; Refuse Collection $884,928; Recycling $1,130,592; Refuse Disposal $639,400; Building Maintenance $1,061,178; Lexpress $573,766; Parking Operations $125,832. Total Level Service Budget: $9,307,605. Program Improvement Requests: Equipment Operator $44,600; Management Analyst $4,474; Tree Planting $24,000. Total Program Improvement Requests: $73,074. Capital Improvement Projects: Lincoln Field slurry wall - $400,000 in FY2008; dam inspection - $30,000 in FY2008 and $30,000 in FY2011 (Total $60,000); construction of new DPW facility - $30,000,000 in FY2008; water distribution improvements - $1,800,000 each year in FY2008 through FY2012 (Total $7,200,000); equipment replacement - $523,300 in FY2008, $591,000 in FY2009, $478,300 in FY2010, $615,000 in FY2011, $610,000 in FY2012 (Total $2,817,600); sanitary sewer system improvements - $1,200,000 each year in FY2008 through FY2012 (Total $6,000,000); GIS implementation plan - $368,000 in FY2008, $110,000 in FY2009, $160,000 in FY2010, $150,000 in FY2011, and $150,000 in FY2012 (Total $938,000); building envelope – hydrant replacement - $100,000 each year in FY2008 through FY2010 (Total $300,000); building envelope (women’s shower at fire headquarters - $35,000, TOB and Cary Hall masonry repairs and repointing coppers repairs/replacement - $280,000 and ADA updates - $75,000 – Total $390,000 in FY2008; $1,000,000 in each year FY2009 through 2011 (Total $3,390,000); pump station upgrades - $100,000 in each year FY2008 through FY2012 (Total $500,000); automatic meter reading system - $842,000 in FY2009, $542,000 each year in FY2011 and FY2012 (Total $1,926,000); street improvements - $1,200,000 in each year in FY2008 through FY2012 (Total $6,000,000); street improvements – central business district sidewalks - $175,000 each year in FY2008 through 2011 (Total $700,000); sidewalk improvements – throughout town - $200,000 in FY2008 and FY2009, $225,000 in FY2010 and FY2011, $250,000 in FY2012 (Total $1,100,000); storm drain improvements - $460,000 in FY2008, $160,000 in FY2009 64-247 Budget Presentations – December 8, 2006 and FY2010, $175,000 in FY2011 and FY2012 (Total $1,130,000); bikeway repair/repaving - $350,000 in FY2008; Woburn Street reconstruction - $120,000 in FY2008, $1,080,000 in FY2009 (Total $1,200,000); traffic mitigation - $50,000 each year in FY2008 through FY2011 (Total $200,000); Ye Olde Burial Ground - $260,000 in FY2008; and Munroe Cemetery - $90,000 in FY2008. Department Goals include: move forward with the construction of the new DPW Facility and maintain smooth operations throughout the construction process; finish the American Public Works Association self assessment portion of the Accreditation process; support implementation of GIS; expand operations at the Hartwell Avenue Compost Facility; work with the Energy Conservation Committee to improve energy efficiency and savings; and establish a regular tree planting program. Selectmen discussed the possible savings of switching streetlights to compact fluorescent bulbs and the possibility of having a contractor change the lights that have not been done yet so the Town can see the savings. The overtime charges for the Farmer’s Market were discussed. Mr. Hadley will soon have a meeting with them to discuss reimbursement of time that DPW spends setting up for the Farmers Market. Mr. Kelley asked about whether the Town keeps track of when trees are removed and why. The Tree Committee is working on a comprehensive tree survey of the Town with grant money as they receive it. When the GIS is in place the tree survey can become a part of that. Water Enterprise Bill Hadley presented the FY2008 Water Enterprise Budget Requests: Water Operations $1,639,308.75; MWRA 4,435,769.00; Indirects $845,187.00. Total Water Enterprise Budget $6,920,264.75. Department Goals include: continue with the hydrant maintenance program; complete the Town-wide meter change out by installing the last 3200 meters to replace meters that cannot be read electronically; recertify two employees in Backflow/Cross-Connection Devices and plan and implement a Backflow testing; reduce the amount of Pit Meters in Town and change out the manual reads on the ones that cannot be eliminated; and update all the “paper tie cards” for GIS implementation. Sewer Enterprise Bill Hadley presented the FY2008 Sewer Enterprise Budget Requests: Sewer Enterprise $1,065,924.75; MWRA $6,197,216.00; Indirects $731,177.00. Total Sewer Enterprise Budget $7,994,317.75. 64-248 Budget Presentations – December 8, 2006 Department Goals include: rehab and refurbish all 9 pump stations and bring them up to OSHA standards; clear and repair all access routes to all sewer easements; prioritize and repair problem areas; continue pipe flushing program and root removal in all problem areas; and initiate an educational program for the entire Town as to the costs and problems created by inflow and infiltration. Upon motion duly made and seconded, it was voted to adjourn at 10:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 64-249 Selectmen’s Meeting December 11, 2006 A special meeting of the Board of Selectmen was held on Monday, December 11, 2006, at 8:00 a.m. in the Selectmen’s Meeting Room for Department Budget Presentations. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. FY2008 Budget Presentations Fire/EMS Chief Middlemiss presented the FY2008 Fire/EMS Budget Requests. Level Service Requests: Fire Administration $281,679; Fire Prevention $164,835; Fire Suppression $4,170,147.22; Emergency Medical Services $145,046. Total Level Service Budget: $4,761,707.22. Program Improvement Requests: Emergency Management for Reverse 911 system $45,000; Department Clerk $41,474; 4 Fire Lieutenants (promotions) $16,181; and 4 Firefighters $246,239. Total Program Improvements $348,894. Capital Improvement Projects: replacement of Engine 3 $400,000 in FY2010; replacement of Engine 5 $80,000 in FY2008; updating municipal buildings to wireless fire alarms $142,000 in FY2008; and replacement of Rescue 2 $200,000 in FY2009. Department Goals include: operate second ambulance/rescue at the Advanced Life Support (ALS) 100% of the time; institute and complete an Intermediate Training Program for eight department members; operate East Lexington Engine as an ALS engine; and purchase and implement an emergency community notification system (reverse 911). The Fire Department will be increasing the Ambulance fees after reviewing what surrounding towns are charging; will most likely go up to the maximum allowed by Medicare. Discussed the need to either increase staff or overtime in order to cover minimum staffing requirements. The Fire Department has had discussions with Hanscom regarding splitting the cost of an ambulance that would be housed in Lexington. Selectmen want to make sure that all town-owned structures are included for the wireless fire alarm system. Law Enforcement Chief Casey presented the FY2008 Law Enforcement Budget. Level Service Requests: Police Administration $1,065,164.25; Patrol & Enforcement $2,518,316; Parking Operations $68,728; Investigations $548,085; Dispatch $510,384; Animal Control $24,602. Total Level Service Budget: $4,735,279.25. 64-250 Budget Presentations – December 11, 2006 Program Improvement Requests: Traffic Safety Officer $55,676; Expanded desk coverage $15,984; police training $36,500; Animal Control Officer $27,790. Total Program Improvement Request: $135,950. Capital Improvement Projects: replacing police/fire/dispatch computer software - $295,000 in FY2008; police station renovation – planning - $100,000 in FY2010; renovation – add-on to Police Station - $5,750,000 in FY2011. Department Goals include: implement communication system and dispatch center capital improvement project; replace portable heart defibrillators via trust fund; review and recommend vendor for public safety records management capital request; and attain certification stage of accreditation. Police are talking with Bedford about possibly combining animal shelter services at one facility. Office of Community Development Karen Mullins presented the FY2008 Community Development budget requests. Level Service Requests: Building and Zoning $ 340,789; Regulatory Support $162,157; Conservation $126,104; and Health $194,018. Total Level Service Budget $823,068. Program Improvement Requests: full-time Municipal Clerk $42,144; alternate Plumbing Inspector $9,252; alternate Electrical Inspector $9,073; Environmental Health Agent $55,823; Land Management $17,180; and Old Reservoir Sanitary Survey $29,200. Total Program Improvement Requests: $162,672. Department goals include: develop Community Development Department manual; provide staff training and continue to develop staff professionally; implement permit tracking software subject to funding per FY2008 capital request; prepare Developers Handbook (with Planning Department); draft Stormwater Management Bylaw pursuant to National Pollution Discharge Elimination System Phase II Notice of Intent requirements (with DPW and Planning); pandemic flue planning (relates to comprehensive emergency management planning); and complete sanitary survey of the Old Reservoir subject to funding per FY2008 program improvement request. The Selectmen discussed their reaction to the budget presentations. Mr. Pagett requested that the Town Manager approach the budget knowing that the Selectmen do not want an override this year. Mr. Valente has additional information (shared and capital expenses, policy on reserves and how to grow them, and a discussion about collective bargaining) that needs to be put together to get a better picture of what the budget will look like. 64-251 Budget Presentations – December 11, 2006 Future Meetings The following meetings will be scheduled for the Selectmen: January 8, 2007, January 22, 2007 and January 29, 2007. Upon motion duly made and seconded, it was voted to adjourn at 11:00 a.m. A true record; Attest: Lynne A. Pease Executive Clerk 64-252 Selectmen’s Meeting December 18, 2006 A regular meeting of the Board of Selectmen was held on Monday, December 18, 2006, at 7:30 p.m. in Cary Auditorium. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Manz introduced and thanked Den 1 from Pack 160 in Lexington for coming. They were attending the Selectmen’s Meeting to learn about Town government. Town Manager Report Mr. Valente recognized Fire Chief Middlemiss to update the Selectmen on the Brookhaven accident. Chief Middlemiss explained that the accident occurred around 3:30 p.m. on Wednesday, December 13, 2006. It was a failure of a 40-foot structural beam that fell down on four workers. The firefighters had to extricate the injured from a very unstable area to a stable area. Three of the injured are in the hospital with very serious injuries. Many resources were used from the surrounding area, including Waltham, Lincoln, Bedford, Winchester, Woburn, Action Ambulance, A&R, Emerson ALS and Mass. State Police. Chief Middlemiss recommended that a letter be sent recognizing all the participants. The Selectmen thanked all those that assisted in successfully stabilizing the accident and helping the injured. Hearings Grant of Location – Jefferson Union – Verizon Dan Fitzgibbon, representing Verizon, requested approval of the grant of location. Mr. Pagett questioned the list of abutters and whether there was an error. Selectmen decided to approve both requests subject to confirming that the abutters have no questions with these requests. Upon motion duly made and seconded, it was voted 4-1 (Pagett opposed) to approve the petition of Verizon to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the service of Fletcher Avenue: from existing pole #33/9, on the easterly side of Fletcher Avenue, place conduit in a northeasterly direction, a distance of 6 feet (+) into private property, subject to confirming that the abutters have no objections. 64-253 Selectmen’s Meeting – December 18, 2006 Grant of Location – Jefferson Union – Nstar Upon motion duly made and seconded, it was voted 4-1 (Pagett opposed) to approve the petition of Nstar Electric to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Fletcher Avenue: easterly, from existing pole #33/9, approximately 560 feet south of Hayes Lane, a distance of 8 feet (+) to install conduit, subject to confirming that the abutters have no objections. Not Your Average Joe’s – Liquor License Change of Manager Upon motion duly made and seconded, it was voted to approve the application and issue a license for a change of manager of an all-alcoholic common victualler liquor license to Not Your Average Joe’s, Inc., d/b/a Not Your Average Joe’s, 1727 Massachusetts Avenue. Commitments and Adjustments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer commitments and adjustments: Commitment of Water/Sewer Charges for November 2006 (Cycle 9) $126,332.16 Commitment of Water/Sewer charges for 11/1/06 to 11/30/06 (Final Bills) $10,175.74 Adjustments of Water/Sewer Charges for the period from 9/1/06 to 9/30/06 -$16,620.98 Independent Keyspan Evaluation Following the Keyspan incident in November 2005 the Chief required Keyspan to conduct an independent evaluation of their gas distribution system, under the auspices of the Fire Department. The evaluation was conducted by ioMosaic Corporation. Fire Chief Middlemiss came before the Selectmen to review the findings. The conclusion of the assessment was that Keyspan’s system is fit for service and that Keyspan has an adequate program for upgrading and maintaining the system, provided that the following recommendations are implemented: 1. Keyspan should continue to track the leak rates in the 2 psig system cast iron piping. If rates during the coming winter months (2006/2007) continue at the high levels experienced during the winter of 2005/2006, Keyspan should develop a plan and schedule to repair all joints in the 2 psig system cast iron piping; and 2. For all service piping, Keyspan should implement a more pro-active follow-up program to survey piping on property which is inaccessible at the time of the survey and not rely on the customer to call to reschedule the survey. There may be more leaks this winter with the cast iron pipes if there are extreme freezing/thawing times over the winter. 64-254 Selectmen’s Meeting – December 18, 2006 The Fire Department is reviewing and working with Keyspan on a safety plan. Of most concern are the cast iron hubs. Another concern that has not been addressed is how damaged the residential piping is. Residents should respond quickly to Keyspan requests and Keyspan needs to be proactive to gain access when needed. When Keyspan merges, the Town needs to meet with those who will be part of the new company and those who will not be part of the new company to make sure the Town’s gas service is monitored properly. Senior Service Program Ms. McSweeney presented options for the FY2008 Senior Service Program. The options were based on 45 participants. The options included paying $8.50 per hour for an appropriation of $38,250; $8.75 per hour for an appropriation of $39,375; or $9.00 per hour for an appropriation of $40,500. Upon motion duly made and seconded, it was voted 4-1 (Krieger opposed) to establish the FY2008 Senior Service Program hourly rate at $8.50 per hour. Communications Advisory Committee – LexMedia Evaluation Jim Gonzalez presented the LexMedia Evaluation Report to the Selectmen. The evaluation criteria was formulated using the LexMedia Contract and RFP. A site visit, public hearing and meetings were held to review and finalize the evaluation. The Communications Advisory Committee (CAC) commends LexMedia on its progress in creating a governance structure, including the formation of key committees and the passing of policies and by-laws. The CAC is concerned about the delay in starting the application for 501(c)3 status, which is required by the contract and important in raising donations and obtaining grants. It is the opinion of the CAC that they have not received all information needed to evaluate LexMedia and that they have concerns about LexMedia’s performance. The CAC recommends that an interim review take place within 6 months of the date of the evaluation report. CAC suggests that the following be required of LexMedia, within 30 days unless otherwise noted: 1. A full estimate for build-out of Kline Hall. The estimate is to be presented to the CAC. LexMedia must demonstrate it can afford Kline Hall. 2. A report of all capital purchases since the effective date of the contract, and all standard financial statements including revenue, general and capital expenditures, AP/AR, cash flow, etc. 64-255 Selectmen’s Meeting – December 18, 2006 3. Inventory of all production and office resources, including all equipment and furnishings. The inventory system will be spot-checked during a subsequent site visit by members of the CAC. This report is to be repeated annually. 4. A plan for fundraising. 5. Proper broadcast logs. Statistics regarding coverage of contractually-required public meetings. The disposition (live/recorded/rejected) of requests for coverage of other public events. 6. A plan for expanding LexMedia’s outreach to the community. The plan might include methods of publicizing LexMedia, including Lexington Minuteman paper, LexMedia events, listings in its own Bulletin Board & Community Calendar, and video segments that explain services offered and how people can receive those services. 7. LexMedia’s complaint log, including copies of any written complaints. Log to include time received, when and by whom the complaint was addressed, and the current disposition of the complaint. 8. A plan for expanding Government Programming in the Town of Lexington. 9. A copy of LexMedia’s programming policies and a public location where these policies are available for review by the public. An updated copy of the policies to be presented to the CAC at the next general meeting of the CAC following implementation of any changes. 10. A list of new and ongoing programming that LexMedia has produced. 11. A report on the total number of programming sources and hours for each channel including, statistics on new vs. repeat programming, local vs. non-local source, and time spent displaying bulletin board/calendar. 12. A report regarding training provided to producers and the public, including type of training, number of people in attendance and if the training is required for any form of certification. 13. A plan to develop or incorporate new technology, such as streaming in video. 14. A plan for providing a searchable index on the LexMedia web site of past broadcasts, with deliverable dates. 15. A report of equipment utilization and availability. 16. A copy of equipment maintenance and technical issues logs. 17. A budget for FY2007 (7/1/06 to 6/30/07). The CAC makes the following additional recommendations and comments to the Selectmen: 1. Recommend that LexMedia give priority to developing a team of volunteers to satisfy coverage needs, both contractual and requested. 2. Recommend that LexMedia cover public events first-come, first-served, as specified in the contract, and to supply the CAC with a copy of their amended written policy regarding requests for coverage within 30 days. LexMedia may wish to obtain a written opinion from an attorney in support of the amended policy. If so, this opinion is to be supplied to the CAC as well. 3. Recommend that LexMedia provide secure storage for its files. 64-256 Selectmen’s Meeting – December 18, 2006 4. The CAC is to form a permanent subcommittee to monitor LexMedia’s performance on an ongoing basis, with a monthly report to the full CAC at its general meeting. 5. The CAC is steadfastly opposed to LexMedia’s proposal that currently held funds and future revenue from the cable providers be sent directly to them. Contrary to LexMedia’s statement that they have earned the Town’s trust, financial conduct is where the CAC has its gravest concern. 6. The CAC also advises against LexMedia’s proposal that the Town transfer ownership of studio assets to them, for use as collateral for a line of credit. The CAC’s reading of the contract and of LexMedia’s bylaws reveals no meaningful protection for the Town in the event of default on the line of credit, termination of the contract, and/or liquidation of LexMedia. 7. As a means of providing assistance, the CAC offers forms for many of the required reports, in order to insure that the needed information is captured and accessible. The forms will be offered electronically. Hardcopy of the proposed forms are provided in Appendix L of their report for reference. All items being requested above are requirements of the contract that are currently not being done. The Selectmen will schedule LexMedia for a Selectmen meeting in January to comment on the CAC report and to present their plan to address all of the above items. The Selectmen felt the report was very thorough. Liquor License Renewals Mr. Busa, Manager of the Vinebrook package store, was asked to attend the Selectmen’s meeting because of a violation in 2006 that they did not respond to the Selectmen about. The Selectmen requested that Vinebrook confirm in writing that they have retrained all clerks with alcohol awareness training since the violation. Upon motion duly made and seconded, it was voted 5-0 to approve the following liquor license renewals: Clubs Knights of Columbus Lexington Elks Lexington Golf Club Veterans of Foreign Wars 64-257 Selectmen’s Meeting – December 18, 2006 Package Stores Berman’s Wine & Spirits Busa Brothers Liquors, Inc. Lexington Liquor Mart Niki’s Liquors Vinebrook Bottle Shop Restaurants Bertucci’s Brick Oven Ristorante Dabin Restaurant Ixtapa Cantina Mexican Family Restaurant Khushboo Lemon Grass Restaurant Lexx Max Stei’s American on Hartwell Not Your Average Joe’s Peking Gardens The Upper Crust Via Lago Vinny T’s of Boston Yangtze River Restaurant Budget Presentations Economic Development Mrs. McKenna began with information regarding the Liberty Ride. The Ride will begin one week earlier so that it will be running during Patriot’s Day. Also this year the bus contract has been put out to bid. A large estimate was included in the FY2008 budget requests, but they hope to have a better estimate prior to Town Meeting. The increase in wages is attributable to the increase in minimum wage and wage increases for both regular and senior guides to bring positions in line with market demand. The Tourism Committee wants to discuss how best to put Liberty Ride funds aside from year to year and hope that a revolving fund can be set up. Mr. Valente plans to finalize the Economic Development Officer job description tonight with the Selectmen, advertise in January and fill the position in February. The increase in wages is to cover the position for 12 months. Mrs. McKenna wants to be assured that the Liberty Ride and the Guides will be under the Economic Development Officer and is looking forward to the leadership from that Department. 64-258 Selectmen’s Meeting – December 18, 2006 The FY2008 Economic Development Budget Requests include: Level Service Requests: Economic Development Office $87,490; Liberty Ride $131,915. Total Level Service Budget: $219,405. Town Committees Mr. Young presented the FY2008 Town Committee Budget Requests. Level Service Requests: Financial Committees $1,500; Miscellaneous Boards & Committees $8,755; Public Celebrations $28,500. Total Level Service Budget: $38,755. Board of Selectmen Ms. Pease presented the FY2008 Board of Selectmen Budget Requests. Level Service Requests: Selectmen’s Office $136,330; Legal $350,000l Town Report $6,500. Total Level Service Budget: $492,830. Program Improvement Request: Additional Hours $6,066. License Renewals Upon motion duly made and seconded, it was voted 5-0 to approve the following license renewals for 2007, subject to receipt of all appropriate paperwork: Class I Lexington Toyota Class II A to Z Auto Wholesale Auto and Diesel Sales Autobahn East Lexington Auto Sales Lexington Auto Service Center Class III John P. Carroll Company, Inc. Coin Machines Lexington Elks (3) Lexington VFW (5) Common Carrier Boston Tours, Inc. (1) M&L Transit (Lexpress) (4) 64-259 Selectmen’s Meeting – December 18, 2006 Common Victualler Alexander’s Pizza Bertucci’s Brick Oven Ristorante Bollywood Café Bruegger’s Bagel Bakery Dabin Restaurant Dunkin Donuts, 317 Woburn Street Dunkin Donuts, 373 Waltham Street Dunkin Donuts, 10 Woburn Street Dunkin Donuts, 141 Mass. Avenue Fife & Drum Restaurant/Grill Ixtapa Cantina Mexican Family Restaurant Khushboo Lemon Grass Restaurant Lexington Café Lexington Elks Lexington Golf Club Lexington House of Pizza Lexx Mario’s Italian Restaurant Max Stein’s American on Hartwell McDonald’s Nick’s Place Not Your Average Joe’s Peet’s Coffee & Tea Peking Gardens Restaurant Pine Meadows Golf Club Quality Inn & Suites Rancatore Ice Cream Rosie’s Bakery Seattle’s Best Coffee Short Order Gourmet Starbucks Coffee, 60 Bedford Street Starbucks Coffee, 1729 Mass. Avenue The Upper Crust Three Gorges of Lexington Via Lago Café Vinny T’s of Boston Yangtze River Restaurant 64-260 Selectmen’s Meeting – December 18, 2006 Entertainment Lexington Elks Lexington VFW Lexx Max Stein’s American on Hartwell Lodging/Innkeeper Quality Inn & Suites Wild Acre Inn Economic Development Officer Job Description Mr. Valente presented the proposed Economic Development Officer job description to the Selectmen. The description was put together by a subcommittee of the 2020 Vision Committee and from comments received from Economic Development Officers from other communities. The job description will not staff the Tourism Committee and will not be responsible for the marketing of Cary Hall. The position will focus on existing businesses in the downtown area and new business and developers in all areas of the Town. Mrs. McKenna was surprised to hear that tourism would not be part of the job description. The Tourism Committee charge, she said, states they are under the Economic Development Officer. She asked who will take responsibility for the Tourism Committee and the Liberty Ride. Mrs. McKenna stated that tourism brings in 1 million visitors to Lexington a year and should be the most important job of the Economic Development Officer. She wonders how this important decision was made without discussing with the Tourism Committee. Mr. Valente stated that he had to set priorities for the job description and felt it was most important to work on the commercial tax base. The Selectmen support the important work of the Tourism Committee and need to understand what the Committee’s role is and how it interfaced previously and find an appropriate place that can provide staff and leadership. The Selectmen understand that the Committee took on the work of an Economic Development Office and that the Liberty Ride has been self-sustaining. The Selectmen have left control to a volunteer committee and they need to find a proper place for it. Appointment – Lexington Council for the Arts Upon motion duly made and seconded, it was voted to appoint Jonathan C. Cue to the Lexington Council for the Arts for a 2-year term to expire on September 30, 2008 to fill the unexpired term of Ella Bayliss. 64-261 Selectmen’s Meeting – December 18, 2006 Future Meetings The Selectmen discussed meeting dates and will schedule the following meetings: February 5, 2007, February 12, 2007, February 26, 2007, March 6, 2007, March 12, 2007, March 19, 2007, March 26, 2007 and March 28, 2006. Consent Agenda Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of November 13, 2006, November 16, 2006, November 20, 2006, November 29, 2006, December 1, 2006, December 4, 2006 (Budget Presentations), December 4, 2006, December 8, 2006 and December 11, 2006. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of November 13, 2006 and December 4, 2006. Executive Session Upon motion duly made and seconded, it was voted by roll call vote 5-0 to go into executive session for the purpose of collective bargaining with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 9:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk