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HomeMy WebLinkAbout2005-01-BOS-minSelectmen's Meeting January 5, 2005 A regular meeting of the Board of Selectmen was held January 5, 2005 at 6:30 p.m. in Commons II at Lexington High School. Chairman McKenna, Mrs. Krieger. Mr. Kennedy, Mr. Kelley; Ms. Vine, Acting Town Manager and Ms. Manning, Clerk were present. Selectmen Concerns and Liaisons Mrs. McKenna opened the meeting by acknowledging friends and community members affected by the tsunami in Southeast Asia. Mrs. McKenna informed the Board that over the past few weeks the police department has performed "stings" at local establishments to ensure they are operating in compliance with the regulations set forth by the Selectmen. The police reported that in three separate instances the VFW did not have an approved manager or assistant manager on duty while liquor was being served. Mrs. McKenna briefly reviewed the history of problems at the VFW and asked the Board to consider how they want to handle the new violations. Mr. Kelley asked if the compliance process was uniform. Ms. Vine assured the Board that she has been working with Chief Casey to ensure all establishments are being monitored. Mr. Kelley asked how the Board could get the VFW to appreciate the need for compliance. Mrs. McKenna asked the Board to consider whether or not they want to schedule a hearing with the VFW to address these issues. Buckman Tavern Lease Before discussions regarding the Tavern began, Mrs. McKenna disclosed that Mrs. Savage, wife of Les Savage, president of the Lexington Historical Society is co- chairing Mrs. McKenna's reelection campaign. Mr. French, Mr. Savage and Mrs. Gillespie representing the LHS were at the meeting to begin discussions regarding the lease for the Buckman Tavern. The current lease agreement was entered into in 1913, for a term of ninety -nine years. The LHS would like to begin the process of developing a policy for future lease agreements. The Society is willing to form a committee to work with the Selectmen to negotiate future lease agreements. Mrs. McKenna will work with Ms. Vine to establish a process. Once the process is approved by the Selectmen to avoid any conflict of interest, Mrs. McKenna will have no further involvement with the project. Selectmen's Meeting — January 5, 2005 Entertainment License -Lexx Don Rosenberg has submitted an application for an entertainment license for the Board's approval. Upon motion duly made and seconded, it was voted to sign and approve an Entertainment License to Lexx, 1666 Mass. Ave. Appointment - Tax Deferral and Exemption Study Committee The Tax Deferral and Exemption Study Committee have requested that Thomas Taylor be appointed to the committee to fill a vacancy. Upon motion duly made, it was voted to appoint Thomas Taylor to the Tax Exemption Study Committee. Certify Votes for Bond Issuance In preparation of the bond issuance in February, the Board is being asked to certify two bond issuances: Fire Department Pumper and Public Works Equipment Upon motion duly made and seconded, it was voted that the maximum useful life of the Fire Department Pumper Truck, to be financed with proceeds of the $345,000 borrowing authorized by the vote of the Town passed April 14, 2004 (Article 17) is hereby determined pursuant to G.L. c. 44, s 7 (9) to have a maximum useful life of twelve years. Upon motion duly made and seconded, it was voted that the useful life of Public Works Equipment to be financed with the proceeds of the $370,000 borrowing authorized by the vote of the Town passed May 3, 2004 (Article 18, item b) is hereby determined pursuant to G.L. c. 44 s 7 (9) to have a maximum useful life of ten years. Change Town Meeting Start Time Mr. Horning, Acting President of the TMMA, is at the meeting to get information from the Board regarding changing the start time of Town Meeting from 8:00 p.m. to 7:30 p.m. Both Mrs. Battin, Moderator, and Mr. Lahey, Town Counsel, are in favor of the change. Mrs. Battin estimates that the earlier start time will enable Town Meeting to end one night early. With the exception of one citizen Mrs. McKenna said she has received positive feedback from residents concerning this change. Mr. Horning will bring this information to the next TMMA Executive Meeting for discussion and will report back to the Board. Selectmen's Meeting — January 5, 2005 Appointing Acting Comptroller Mrs. McKenna informed the Board that Ms. Vine had appointed John Ryan as Acting Finance Director. She asked if it was the Board's pleasure to appoint him as Acting Comptroller. Upon motion duly made and seconded, it was voted to appoint John Ryan the Acting Comptroller. Comptroller Search Ms. Vine hopes to have the Finance Director /Comptroller job posting on the Town's web site tomorrow, and in other publications as soon as possible. She suggested that she and Ms. Perry of the Personnel Advisory Board review and grid all resumes. Then bring back the search committee from the last search to conduct the initial interviews. Mrs. McKenna will work with Ms. Vine on a review process. Members of the Board suggested that the other finalists from the previous search be contacted and invited to apply again. Ms. Vine hopes to gather resumes and begin initial interviews within the next thirty days. Budget Process Group Update Mrs. McKenna reported that the Budget Process Group had met. There had been no significant changes since the last collaboration meet that is why tonight's Budget Collaboration meeting had been postponed. Copies of all documents being used by the process group were included in the Selectmen's packets for their review. Ms. Vine reported the Moody's presentation is scheduled for Tuesday, January 18, 2005. Dawn McKenna, Selectmen, Deborah Brown, Appropriation Committee, Rose Ducharme, Michael Young, Laurie Dell' Olio, John Ryan all of finance and Ms. Vine will represent the Town at the meeting. She believes that the Town will be informed of their 2005 rating within a few days of the meeting. The next meeting of the Budget Collaboration Group is scheduled for January 19, 2005. Warrant Articles The Board reviewed a list of Warrant Articles that have been submitted. There will be no new articles added to this list. Mrs. McKenna asked the Board to consider whether or not it wants to include a notation indicating if the Board is inclined to support each Article. Mrs. McKenna also asked the Board to let her know what Articles it would like presentations on. Selectmen's Meeting — January 5, 2005 Consent Agenda Upon motion duly made and seconded, it was voted to ratify the poll vote taken on January 4, 2005, to approve Linda Vine's request for vacation buyback (5 days). Upon motion duly made and seconded, it was voted to ratify the poll vote taken on January 4, 2005 to approve lowering of the flag on the Battle Green, for seven days beginning January 5, 2005, for the Tsunami victims. Meeting with Planning Board Regarding Goals Planning Board members Thomas Harden, Wendy Manz, Tony Galaitis, John Davies, Mary -Ann McCall Taylor and Elissa Tap, Clerk joined the Selectmen to discuss Goals/Priorities. Mr. Harden called the meeting of the Planning Board to order. Mrs. McKenna asked the Planning Board to join the Selectmen to discuss the Selectmen Goals/Priorities that relate to planning efforts. The two Boards discussed sidewalk policies, renovating the DPW Barn, parking issues and facility planning, Floor Area Ratio restrictions for commercial development, engaging the Planning Board on zoning, parking and other changes to improve the vitality of the center. And they discussed reviewing and updating the Accessory Apartment Law. Both Boards agree that they will need to meet again to further address the Accessory Apartment issue. Members of the Planning Board thanked the Selectmen for initiating these discussions. The Planning Board continued it's meeting at another location. Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m. A true record, Attest: Lori A. Manning Clerk Selectmen's Meeting January 10, 2005 A regular meeting of the Board of Selectmen was held January 10, 2005 at 6:30 p.m. in Estabrook Hall. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett and Ms. Manning, Clerk were present. Mrs. McKenna began the meeting by announcing that the Selectmen and the School Committee would be going into executive session for the purpose of collective bargaining, litigation and possible land acquisition. Upon motion duly made and seconded, it was voted by roll call Mr. Kelley, Mrs. Krieger, Mr. Kennedy, Mr. Pagett and Mrs. McKenna to go into executive session. Upon motion duly made and seconded, it was voted by roll call Mr. Kelley, Mrs. Krieger, Mr. Kennedy, Mr. Pagett and Mrs. McKenna to return to open session at 8:05 p.m. Mrs. McKenna apologized to the audience for the length of time the boards had been in executive session. She also announced that Ms. Vine was absent due to illness. Mrs. McKenna introduced Fire Chief Middlemiss. Chief Middlemiss read the following commendation: "On December 24, 2004 at 00:06 hours a report of a fire was received for 25 Tufts Road. Upon arrival Captain Raithel reported nothing showing from the front of the dwelling. He then discovered smoke from the eaves of the building and visible fire in the rear. Having been notified of a potential victim still inside the house, by Dispatcher David Spinosa, the captain ordered a working fire and lines advanced through the front door towards the fire searching as they advanced. Other companies, L1 and E4 provided support while the Rescue Company prepared to advance a second line into the building. Lt. Cunha and Firefighter Chisholm encountered heavy smoke and heat as they advanced on the fire. The crew located Margaret Traverse and removed her from the residence. Once removed to safety, Mrs. Traverse was turned over to Rescue 1's crew for patient care. It is with great pleasure that I commend the effective and professional operation conducted during the night of December 24, 2004 by C Group, under the direction of Captain Arthur Raithel, in keeping with the highest traditions of the Lexington Fire Department. I further would like to individually commend Lieutenant Robert Cunha, and Firefighter Donald Chisholm for their heroic actions on this night, and Dispatcher David Spinosa, for obtaining and relaying all of the pertinent material to the incident commander, leading to a successful operation." Mrs. McKenna, on behalf of the community, thanked the firefighters for all of their efforts. Mrs. McKenna also thanked the citizens who voted in favor of the override last year. Selectmen's Meeting — January 10, 2005 At this time the firefighters filed past the Board and were thanked individually by each Selectmen. Selectmen Concerns and Liaisons Mrs. McKenna told the audience the Selectmen had received a letter from a citizen who had written to express his gratitude to David Jones, a custodian at the Cary Memorial Library who helped him, by changing his tire, on a recent visit to the library Mrs. McKenna reported that she and Mr. Kelley had the privilege to attend the Massachusetts Municipal Association Conference on Friday and Saturday; they attended some worthwhile seminars. Mr. Groux was also at the conference. He was there looking for qualified Town Manager candidates. School Capital — School Administration Building Mr. Griffith, Chair of the School Committee, began the discussion regarding the School Administration Building. Mr. Griffith said the White House has become a critical issue for the School Committee. There have been a few accidents in the White House that can be attributed to the structural problems with the building. Mrs. McKenna stated that first it must be decided whether to renovate the current building or move the School Administration Offices to another location. Mr. Hurley, Interim Superintendent said that ideally the solution is to renovate the current structure. Mr. Diaz stated that the Boards must put a plan together for permanent space and that it must be done in an expeditious manner. Mrs. McKenna suggested that the Mr. Hurley and Ms. Vine begin working together to look for temporary space to house the School Administration Offices during construction of a new facility. They should begin by looking for space within the Town's infrastructure, preferably a location in close proximity to the Town Office Building. Mrs. Guttag stated that a prior study of this topic produced the recommendation of adding a wing between the Town Office Building and Cary Hall that could house the School Administration Building. The cost of this project would be approximately $25 million. Ms. Guttag says the Boards must decide the best way to pay for the project and the solution must include the proper amount of space for these offices. Mr. Kennedy asked what was actually being requested at this time, design money or for design and construction. Selectmen's Meeting — January 10, 2005 Mr. Hurley replied by stating that the request currently on the table is for a structural study and redesign of the existing building. Mr. Kelley stated that he believes past committee efforts have identified the needs of the School Administration Building and these options should be identified and revisited. Mr. Kelley added that a benefit to a combined Public Safety and DPW facility would be that the current Police Station would become available space that could be used for the School Administration Offices. Mr. Kelley also said he is concerned with both the struggle and the cost of turning the White House into a viable administration operation. Mrs. Krieger said she believes there is a need to do an analysis that would demonstrate what the cost would be to renovate the existing structure. Mrs. Krieger also believes there are a number of municipal buildings including the old Harrington School that could be used for temporary offices. Mr. Kennedy believes there are ways that the Administration Building could be renovated in an economically justified manner. Mr. Burson stated it was the consensus of the School Committee that the solution meet the space needs of the School Department and are located in close proximity to the Town Office Building. Other than that the School Committee has no fixed expectations. Mrs. McKenna, referring back to Mrs. Guttag's statement, said the Space Needs Committee identified the addition of a wing onto the Town Office Building as a solution to the School Departments need, however it did not talk about the potential revenue uses the White House could offer if the School offices were located somewhere else. Both the Tourism Committee and the Center Committee have identified one of the things that Lexington is lacking to tie it back to its Colonial times is a facility similar to the Colonial Inn, a bed and breakfast type tavern. The white house could be used for that purpose. Mrs. McKenna is not supporting any option at this time. Mr. Griffith pointed out the urgency for finding a permanent solution. If space is not found in a publicly owned building, the School Department would be facing a rental situation. He would not want to put the burden of rental costs into the School Department budget. Once again Mrs. McKenna suggested that Mr. Hurley and Ms. Vine begin looking for a suitable location within public facilities or something in the private sector on a temporary basis. Mrs. McKenna wrapped up the discussion by stating it is the consensus of the Boards that the new facility for the School Administration offices is a critical need and the administration offices should be located in the general campus compound of other Town offices. Selectmen's Meeting — January 10, 2005 Mrs. McKenna asked Mrs. Guttag and Mr. Griffith for a sense of when they would like to receive the executives report on temporary space. Mr. Griffith said they would need to know the results of the study before the conclusion of Town Meeting. It was agreed that the Mr. Hurley and Ms. Vine report back to the Board prior to February 15, 2005. Coin Machines and Class II Licenses Upon motion duly made and seconded, it was voted to issue three (3) Coin Machine renewal licenses to the Lexington VFW for a pool table, video machine and bowling machine. Upon motion duly made and seconded, it was voted to issue four (4) Coin Machine renewal licenses to the Lexington Elks for a pinball machine and three video machines. Upon motion duly made and seconded, it was voted to issue a Class II renewal license to Darren Roy West d /b /a Auto & Diesel Sales, 75 Westview Street. Appointments/Resignations — Tax Deferral and Exemption Study Committee Upon motion duly made and seconded, it was voted to accept the resignation of Jane Trudeau from the Tax Deferral and Exemption Committee, effective immediately. Upon motion duly made and seconded, it was voted to appoint Pat Costello to the Tax Deferral and Exemption Committee, effective immediately. Report of the Adult Day Care Program Subcommittee of the Council on Aging Mrs. Cohen, Council on Aging, introduced Don Chisholm and Bette Borghesani who will be presenting the report. Mrs. Cohen introduced the report by saying it was designed to give an up- to -date description and assessment of the Lexington Senior Center Day Care Program, and to present a review of alternate care programs in the Greater Lexington private and public sector. Mrs. Borghesani, Council on Aging began the presentation by reviewing the three levels of care provided in Massachusetts: Supportive Day Programs, Adult Day Health and Dementia Day Care (the latter two require a full time nursing staff). Mrs. Borghesani described the types of activities provided by the Supportive Day Program such as music therapy, poetry reading, exercise classes, current event discussions and opportunities for social interaction. Next Mr. Chisholm gave an overview of the Supportive Day Program (SDP); the SDP operated at Mill Street in Lincoln is unique in the Minuteman Senior Services. It provides a structured, supervised day for seniors who need assistance in living independently, but who do not need the medical assistance provided by Adult Day Care or Dementia Day Programs. The program serves the needs of up to 30 clients per day and it operates four days a week. Selectmen's Meeting — January 10, 2005 Mr. Chisholm said that there are currently 48 clients participating in Lexington's Supportive Day Program, 33 of them are Lexington residents. Participation varies by client; on average the Center supports 26 clients per day. Mr. Chisholm reported on the income and expenses of the SDP. Total projected expenses for FY05 are $225,000. Operating Funds for the SDP are obtained through fees charged to the clients for services rendered, support from an annual appropriation from the Town of Lexington, and state and federal grants channeled through the Minuteman. The report suggests that a good way of analyzing the budget is "per unit cost ", based on expenses. In FY04, there were a total of 4,724 days of client attendance. The per unit cost is considered from two perspectives: all costs including transportation $45 per day and the cost excluding transportation $32 per day. Mr. Chisholm stated the financial basis of the Lexington COA Supportive Day Program is healthy and stable. Balancing the robustness of the program with the compelling needs of the financially limited frail elderly and their caregivers in our community is a continuing concern of the programs leadership. As a result, some of the expenses of our most needy have remained uncollected in the past and have not been offset by outside sources such as grants and or scholarships. Means of recovering the overwhelming majority of this shortfall, which is in the transportation component, will be addressed in FY06. Another area of potential income growth (as much as $35 — 40K) lies in adding a fifth day to the program each week. Mr. Chisholm reported that the principal recommendations of the committee are: That the Town of Lexington continues to provide a Supportive Day Program at Mill Street. Because the program is unique, clients from outside Lexington will be allowed to continue to attend the program, with the understanding that Lexington residents will be given preference if there is a wait list. The committee recognizes there are areas where the program could be improved: 1. That non - Lexington residents no longer be subsidized at all by the Town of Lexington 2. That procedures be put in place for FY06 to fully cover the cost of transportation from user - client and /or through funded grants. 3. That, by taking corrective action in FY06, a goal be established to further reduce the Town contribution in FY07 and beyond. Selectmen's Meeting — January 10, 2005 4. Because there appears to be good incremental income vs. expense advantage to doing it, that we take a serious look at adding a fifth day and offer services Monday through Friday. Finally, given the wide range of specialized transportation needs of the Town's elderly population the COA should establish a committee to develop a comprehensive transportation support program designed to meet the varied needs of the Town's senior population Mr. Pagett thanked the committee for the report. He stated the report is open and transparent about the finances of the program and displays the kind of creative problem solving the Town needs. Mr. Pagett is confident the program will become self sufficient within the next few years. Mr. Chisholm thanked Mr. Pagett for his work as liaison to the Council On Aging. Elections — Poll Relocation Ms. Hooper, Town Clerk, was on the agenda to recommend some changes to the location of two voting precincts. Due to the lateness of the hour Ms. Hooper offered to come before the Board at a later date. Mr. Pagett suggested that Ms. Hooper talk to Mr. Hurley about whether or not there is a need relocate. The Board agreed that Ms. Hooper would be on the agenda for the January 19 meeting. Buffet Social Services Lauren McNeil presented the Social Services FY06 budget requests. Level Service requests: COA Administration and Outreach $182,991; COA Nutrition $5,125;COA Community Programs $13,800; COA Support Services $71,585; Adult Day Care $30,000; Human and Veteran Services $56,245; Services for Youth $45,411; Developmentally Disabled $14,839; and Needs Based Requests: Veteran's Agent Stipend $3,000; and Supplies $5,000. Total Requests: $431,496. Fire Department Chief Middlemiss presented the Fire Department's FY06 Budget Requests. Level Service Requests: Fire Administration $194,120; Fire Prevention $95,178; Fire Suppression $3,219,259; and Emergency Medial Services $616,286. Needs Based Requests: Departmental Clerk $38,600; Fire Inspector $61,035; 4 Lieutenants $26,908; and 4 Firefighters $244,140. Total Requests: $4,443,926. Selectmen's Meeting — January 10, 2005 Mrs. McKenna apologized to her colleagues for not having the agenda for Wednesday night. She also stated that several more budgets would be presented at that meeting. Upon motion duly made and seconded, it was voted to adjourn at 11:15 p.m. A true record, Attest: Lori A. Manning Clerk Selectmen's Meeting January 12, 2005 A meeting of the Board of Selectmen was held Wednesday, January 12, 2005 at 7:30 p.m. in Estabrook Hall. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms. Vine Acting Town Manager and Ms. Manning, Clerk were present. Selectmen Concerns and Liaisons Mrs. McKenna started the meeting by complimenting the Lexington Reads Event, she gave special thanks to Mrs. Krieger for effectuating the event and Mr. Wilson for his participation in the event. Mrs. McKenna also announced that Elaine Sterzin would be joining the municipal staff as a Grant Writer. Request for an Opinion on Water /Sewer Pilot Mr. Pagett began the discussion by saying that the Water and Sewer Rate Study Committee ( WSRSC) has been grappling with the legal aspect of PILOT payments. The WSRSC is asking the Board to seek legal opinion from Palmer and Dodge as to the appropriateness of the PILOT payment that the enterprise fund makes to the General fund. Mr. Pagett believes the Town must know the risk of continuing the PILOTS and what options exist should we want to minimize the risk. Mr. Pagett endorses the idea of seeking a formal opinion from Palmer and Dodge. Mrs. Krieger asked if the WSRSC has made any recommendations from a policy perspective? Loren Wood, Chairman, Waters /Sewer Rate Study Committee, said the committee has discussed policy and legal aspects, but have not taken a formal position on either. Mr. Kelley suggested that outside counsel other than Palmer and Dodge be hired to address this issue because Palmer and Dodge have been acting as town counsel since PILOTS came into existence. Mrs. Krieger would look toward the committee to make a recommendation whether or not to continue PILOTS. Mr. Pagett stated it would be hard for the committee to make such a recommendation before getting a legal opinion. Mr. Bartenstein stated there is no urgency to solve this issue tonight; the recommendation of the committee won't come in time for Town Meeting. Selectmen's Meeting — January 12, 2005 Upon motion duly made and seconded, it was voted 3 — 2 (Krieger and Kelley) to solicit an opinion from Palmer and Dodge on the following questions: Does the Emerson College apply to fees charged by an enterprise fund established under G.L. c.44, sec. 53F '/z ?; and if so, does Emerson College permit Lexington's Water and Sewer Enterprise Fund to makes payments in lieu of taxes (PILOTS) to the General Fund that are funded by water and sewer fees, under the facts and circumstances outlined in Dan Fenn's 6/22/04 draft memorandum to the WSRSC. Buffet Finance Mr. Ryan, Acting Comptroller, presented the Finance Department's FY06 Budget Requests. Level Service Requests: Comptroller $495,664; Revenue $226,572; Assessor $218,503. Needs based Requests: Property Inspector $49,017; Municipal Account Clerk $38,378; P -T Interdepartmental Clerk (2) $22,864; Commercial Appraiser $54,077; Management Analyst $54,077. Debt Mr. Ryan also presented the request for FY06 Debt. Level Service Requests: Within —Levy Debt $2,760,000; Within -Levy Interest $450,750; Within Levy Temporary Borrowing $300,000; Exempt Debt $5,043,313. Library Connie Rawson, Acting Library Director, presented the Library's FY06 Budget Requests. Level Service Requests: General and Technical Services $528,949; Adult Library $866,967; Children's Library $305,667; Branch Library $73,053. Needs Based Requests: Technical Services Librarian $46,829;Reference Librarian $46,839; Part-Time Library Technicians $17,326; Library Materials $9690; Computer Hardware $18,700. MIS Jan Comey presented the MIS Department FY06 Budget Requests. Level Service Requests: MIS Administration $368,191; Web Development $13,700. Needs Based Requests: Wireless Training Cart $12,000. DPW William Hadley, DPW Director, presented the DPW's FY06 Budget Requests. Level Service Requests: DPW Oversight $1,058,594; Highway $1,786,207; Public Grounds $1,135,677; Environmental Services $2,296,434; Building Maintenance $720,717; Transportation $306,424. Needs Based Requests: Contracted Cleaning Services $52,630; Cemetery Needs $104,000; Center Connectivity $35,100; Highway Program Needs $94,400; Parks Needs $90,512; Lexpress Route Enhancement $23,143; Street Light Maintenance Program Needs $20,000; Parks Needs $80,000; Forestry Maintenance Needs $25,000; Cemetery Maintenance Needs $102, 800; Replace PTE w/FTE $20,920; Road Machinery Program Needs $6,500; Visitor Center Utilities $10,000. Selectmen's Meeting — January 12, 2005 Town Warrant Articles Mrs. McKenna told the Board the first draft of the Warrant was complete, she asked Board members to review it and come to Tuesdays meeting prepared to discuss what Articles they would like presentations by the proponents on. She also asked that he Board be prepared to discuss whether or not the position of the Board of Selectmen shall be included in the warrant articles. Upon motion duly made and seconded, it was voted to adjourn at 11:20 p.m. A true record, Attest: Lori A. Manning Clerk January 18, 2005 Selectmen's Meeting A meeting of the Board of Selectmen was held Tuesday, January 18, 2005 at 7:30 p.m. at Cary Hall. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms Vine, Acting Town Manager and Ms. Manning, Clerk were present. Selectmen Concerns and Liaisons Mrs. McKenna began the meeting by saying Mr. Lahey will be absent from tonight's meeting. Mrs. McKenna reported to the board that she, Ms. Vine, Acting Town Manager, Ms Ducharme, Revenue Officer; Mr. Ryan, Acting Comptroller; Mr. Young, Budget Officer; and Mr. Hamburger and Ms. Brown, representing the Appropriation Committee met earlier today with two analysts from Moody's. Mrs. McKenna believes the group satisfactorily answered the analyst's questions and hopefully assured the analysts that the Town is operating in a manner that warrants a AAA rating. The Town's BANS are going out for issue on Monday, and it is expected the Town will hear from Moody's by the end of the week. Mrs. McKenna thanked the staff and said she was proud to be a part of such a professional presentation. Town Manager Report Ms. Vine brought copies of the materials presented to Moody's for the Board. Ms. Vine also complimented the staff for the work they did for the community. Criteria for Decision on DPW Facility Mrs. McKenna reminded the Board that it had asked staff to pull together the various reports that have been done regarding the DPW facility and summarize the material for the Board. Ms. Vine reported that staff would be able to present the summary to the Board on February 7, 2005. The next step would be to hold a public meeting on February 12, 2005, to get feedback from residents. A report of this meeting would be brought before the Board on February 14, 2005 and on that date the Board would make the land use decision regarding the DPW site. Mr. Kelley stated that he would welcome the opportunity for reconstruction of the DPW facility at 201 Bedford Street. He would also like the staff to consider the benefits of a combined Public Safety Facility on that site. Mrs. McKenna said the possibility of a combined facility could be considered in discussions surrounding the DPW facility; however, it does not have a bearing on the location. Mrs. Krieger stated that she believes the combined facility is a good idea; however, she reminded the Board not to lose sight of the need for a new Senior Center. Selectmen's Meeting — January 18, 2005 Mr. Pagett asked if the Board is now talking about a facility to house a three department combination is Hartwell Avenue still a possible location? He can envision the DPW relocating to Hartwell Ave. but not the Police and Fire Departments. Mrs. McKenna responded by saying the decision the Board needs to make first is deciding on a location for the DPW facility. Once the DPW site is determined, the Board will be able to decide if it would make sense to have some type of combined facility. Mrs. McKenna reviewed the questions that need to be answered in the staff's presentation. The questions are: What are the operational issues at each site; What is the impact for Hartwell Avenue and Compost Sites; What is the value of 201 Bedford Street as a Town asset; What is the value of Hartwell Avenue as a Town asset; What are the building needs of the DPW; How can these needs be met at each site; What are the operational costs of relocating; and what are the environmental issues at each site? Mrs. McKenna asked members of the Board if they felt those questions covered everyone's concerns so they can come to a conclusion on this issue. The Board agreed that the questions should be the criteria used to make this decision. Mrs. McKenna suggested that a location for the public meeting be determined and the meeting be advertised. Buffet Board of Selectmen Lynne Pease presented the Board of Selectmen's FY06 budget requests. Level service request: BOS $131,831, Legal $350,000 and Town Report $6500. There were no Needs Based Requests. Needs Based Requests Ms. Vine informed the Board that senior staff members had looked at the 53 needs based requests included in the departments budgets and prioritized what they believe to be the top 13 requests. Ms. Vine would like to get from the Board a sense of whether they agree with the staffs' priorities, questions the Board has about the list and is there anything else the Board would like staff to look at. Next John Ryan addressed the Board. He said that he and his staff reviewed revenue estimates for FY06. Having done so he is recommending a $600,000 adjustment: $500,000 adjustment to revenue and $100,000 adjustment in local receipts. These adjustments will reduce the budget gap. Mr. Ryan suggested the Board redefine policies regarding free cash and the stabilization fund. Before reviewing the list of the 53 Needs Based Requests included in the departmental budgets Mrs. McKenna asked Board members to keep in mind that some of the requests are for revenue generating positions and also that some of the requests are related to the goals the Selectmen set for themselves this year. Selectmen's Meeting — January 18, 2005 The Board agreed that they should review the priority list not the entire list of requests. The priority list prepared by the staff included: 1. Property Inspector, Assessors Office; 2. Departmental Clerk, Fire Administration ; 3. Administrative Assistant, Town Clerk's Office; 4. Contracted Cleaning Services, Building Maintenance; 5. Human Resource Generalist, Human Resources; 6. Municipal Account Clerk, Revenue Dept; 7. Dispatcher, Combined Dispatch; 8. Increase Building Inspector hours to full time, Department of Community Development; 9. Increase Public Health Nurse to Full Time, Public Health Department; 10. Part-time Library Technicians, Adult /Children's Library; 11. Cemetery Needs, Cemetery Department.; 12. Increase Veteran's Agent Stipend; Veterans Administration and Benefits and 13. Center Connectivity, Highway Maintenance. A majority of the Board agreed that all but requests for Contracted Cleaning Services and the Human Resource Generalist should remain on the priority list. Mr. Pagett requested that a placeholder be put in the Water /Sewer Enterprise Budget so that if a Water /Sewer Analyst position is approved it can be included in the FY06 budget. Mrs. McKenna added it to the list of priorities. Mrs. McKenna said there are three items on the list she would like the Board to weigh in on. First is the LexPress Route Enhancement. She doesn't feel that this can be supported by the tax levy but would there be associated income to cover this or grant possibilities. It was decided that fares would not cover the cost of the enhancements. The next item Mrs. McKenna brought up was the Visitor Center Utilities; she feels the Town has a moral obligation to do this. When the center was built a commitment was made by the Town that it would provide the building and the Chamber of Commerce would staff the building. It is the Town's obligation to keep it heated. Mrs. McKenna reminded the Board the cost of this is $6500. Two Board members support adding this request to the priority list. Finally Mrs. McKenna addressed the request for four fire lieutenants. This was a recommendation of the Public Safety Report. Mrs. McKenna would like this request added to the priority list. No other Board members agreed with the addition. All members of the Board support adding the request for a commercial appraiser to the priority list. Mrs. McKenna asked Ms. Vine to take a look at the list and reprioritize it to reflect the support indicated by the Board tonight. Capital Mr. Burnell, Capital Expenditures Committee, recommended to the Board that FY06 borrowing not exceed what the Town will be paying down in debt. Selectmen's Meeting — January 18, 2005 Currently there is $713,000 available in Cash Capital. It is expected that $2.3 million of debt will be paid down. One million dollars has already been committed to the architectural design for the new DPW facility and the School Administration Building. This leaves $2 million dollars available for capital projects. Release Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the release of portions of the executive session minutes from June 7, 2004 and June 28, 2004 that pertain to the Town Manager. Upon motion duly made and seconded, it was voted to release the executive session minutes of June 9, 2004. Executive Session Upon motion duly made and seconded, it was voted by roll call Mr. Kelley, Mrs. Krieger, Mr. Kennedy, Mr. Pagett and Mrs. McKenna to go into executive session for the purpose of land acquisition. A true record, Attest: Lori Manning Clerk Budget Collaboration Meeting January 19, 2005 A Budget Collaboration Meeting was held on Wednesday, January 19, 2005, at 6:30 p.m. in the Library Media Room at Lexington High School. Members of the Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee were present. Mrs. McKenna called the meeting of the Board of Selectmen to order. Mr. Griffiths called the meeting of the School Committee to order. Ms. Brown called the meeting of the Appropriation Committee to order. Mr. Lamb called the meeting of the Capital Expenditures Committee to order. Ms. Vine began the meeting by discussing the Moody's meeting that took place on January 14, 2005. Ms. Vine told the group that Moody's strongly recommends the Town review its policies regarding the Stabilization Fund, the use of Free Cash and Pension Holiday. Ms. Vine hopes to receive results of the meeting this week. Review of Municipal & School Budget Development Mrs. McKenna stated that the Board of Selectmen has reviewed almost all the municipal departments budgets. The Board is still addressing where critical needs are. Mr. Griffith, School Committee, said level services would not accommodate enrollment increases in the schools. Mr. Griffith also said the School Committee had voted to adopt the Superintendent's level staffing budget for FY06. The level - staffing budget includes $820,000 for growth. NESWC Settlement Mr. Ryan, Acting Comptroller, told the Boards that the Town's contract with the Andover plant expires in September 2005. At the conclusion of the contract the Town will receive approximately $500,000 reimbursement. The funds will be an FY06 receipt; they are not reflected in the proforma presented to the Boards tonight. The Boards need to determine the best use for these funds. Ms. Brown, Appropriation Committee, reminded the group that the NESWC Settlement is a non- recurring receipt and it has been the policy of the Town not to use non - recurring receipts to pay for reoccurring expenses. Ms. Brown suggested adding the $500,000 to the Stabilization Fund, this would free up tax levy dollars to reduce the current budget gap. Mr. Pagett agrees that the funds should be added to the Stabilization Fund. Budget Collaboration — January 19, 2005 Mr. Griffith suggested a zero contribution to the stabilization fund in FY06. He feels that considering the current circumstances the Boards shouldn't be looking long -term when making financial decisions; they should be addressing current needs. Currently the School Department Budget is in need of an increase. Stabilization Fund Mrs. McKenna began this discussion by saying that making no contribution to the Stabilization Fund would be a red flag to Moody's that the Town was not following their recommendations. Free Cash Mr. Ryan said projections for local receipts are more favorable for FY06 than in previous years. He will be investigating what is causing that surplus. Mr. Hamburger said that approximately $400,000 of Free Cash could be used and a significant amount of funds would still remain in Free Cash. Mr. Griffith said he sees three options, take cuts to reduce the deficit, use some Free Cash, or have an override this year. Reductions in Services Mrs. McKenna asked Ms. Vine and Mr. Hurley, Interim Superintendent, to identify the impact of a reduction in services and the possibility of making these reductions. Mr. Hurley stated that the School Committee has an obligation to meet the needs of the School Department. Currently the budget does not meet growth challenges, especially at the high school. Once again Mrs. McKenna asked that both the school and municipal sides address every possibility of reducing costs. FY 2006 Override Mr. Hamburger, Appropriation Committee, said that citizen sentiment is that an override is not a good idea. He also commented that to have an override as successful as the last, the organization of the next override would had to have begun already. Mr. Pagett suggested that serious community discussions regarding annual overrides be conducted. Budget Collaboration — January 19, 2005 Growth The Board briefly discussed growth estimates. All Boards are comfortable with the projections. Overlav Accounts The Boards need to determine how much of an appropriation should be made to cover abatements on property tax bills. Assessments need to be improved so that the data needed to deny abatements is available. Health Benefits Ms. Vine informed the Boards that a 10% increase is being budgeted for FY06 Health Benefits. She will be meeting with a consultant on Thursday and is waiting for the report from the Health Benefit Review Committee. Before ending the meeting the Boards briefly discussed Cash Capital Policy, School Department Capital Requests, municipal departments doing an analysis of fees and the school doing an analysis of user fees and how the two sides should share the deficit in the budget. The group ended the meeting at 9:OOp.m. The Appropriation Committee adjourned. The Capital Expenditures Committee, the School Committee and the Board of Selectmen remained in session to continue individual board meetings. A true record, Attest: Lori Manning Clerk Selectmen's Meeting January 19, 2005 A regular meeting of the Board of Selectmen was held Wednesday, January 19, 2005, in the Library Media Room at Lexington High School at 9:15 p.m. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms. Vine, Acting Town Manager; Mr. Lahey, Town Counsel and Ms. Manning, Clerk were present. Farmers Market Sonia DeMarta, Fran Busa, Lori Delis and Raul Marques were at the meeting seeking approval to hold a Farmers Market in Lexington on Tuesday afternoons from June until mid - October. Ms. DeMarta gave a brief overview of Farmer's Markets. She said that according to the Farmers Market Federation, 100 Farmer's Markets already exist in this state and the numbers are growing significantly. The purpose of a Farmer's Market is to bring local farmers and their locally grown produce and homemade goods directly to the consumer. This could include vegetables, fruits, herbs, cheeses, eggs, cut flowers, honey, baked goods and preserves. Some of the added benefits include increased customer traffic to the areas surrounding the market and increased social gathering and community activity. Local farms have been solicited to participate: Busa Farms is very interested; Wilsons Farm supports the idea but will not be participating. Upon motion duly made and seconded, it was voted to approve the Farmers Market for the 2005 season. Decision on Town Meeting Start Time Upon motion duly made and seconded, it was voted to change the start time of Town Meeting from 8:00 p.m. to 7:30 p.m. Discuss Warrant Articles The Board reviewed the list of articles that will be in the warrant and decided which articles they would like article proponents to give presentations to them on. Upon motion duly made and seconded, it was voted to adjourn at 10:10 p.m. A true record, Attest: Lori Manning Clerk Selectmen's Meeting January 24, 2005 A meeting of the Board of Selectmen was held Monday, January 24, 2005 at 7:30 p.m. at Brookhaven, 1010 Waltham Street. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms. Vine, Acting Town Manager; Mr. Lahey, Town Counsel and Ms. Manning, Clerk were present. Mrs. McKenna began the meeting by thanking Brookhaven for it hospitality, hosting tonight's meeting. Public Comments Mr. Whitman, a Brookhaven resident, asked for a brief update on Middlesex County Hospital Land. Mrs. Krieger responded by saying representatives from Lexington, Belmont and Waltham have requested that the Division of Capital Asset Management allow surrounding Towns time to conduct a land analysis and hold neighborhood meetings regarding the use of the Parcel 1 property. Mrs. Krieger also informed the audience that two articles in this years warrant are about the former Middlesex Hospital Land. The first is Article 20, Acquisition of former Middlesex Hospital Land, is for the acquisition of the open land in Lexington at the former Middlesex County Hospital. The land to be acquired is located between residential lots on Walnut Street, the Brookhaven retirement complex residential lots on Scott Road, two Lexington Conservation parcels on its North border, and the remaining undeveloped portion of the former hospital land that contains the hospital buildings that are expected to be used for housing. Although part of the former hospital property, this parcel is free from impacts of industry and development. It contains part of an abandoned colonial road, old stonewalls and meadows from its agricultural past, high quality pine and oak/hickory woods, and an unusual series of wetlands, some of which are vernal pools. It is crossed by well - established walking trails, and in fact forms a vital link in the 1,000 -acre Western Greenway, providing the connection between the open space corridors preserved from the former Middlesex Hospital grounds across Walnut Street to the east and the Chester Brook corridor to the south. Article 21, Former Middlesex County Hospital Open Space. This article is to see if the Town will vote to adopt a resolution in favor of preserving as open space, free from development, the remaining undeveloped Lexington portion of the former hospital property, for housing Article 22, Fast Track Auction Law. This article is to see if the Town will vote to adopt a resolution that expresses its concerns regarding the fast track auction law enacted by outside Section 548 of the State FY 2004 Budget, which significantly limits the Town's ability to purchase or influence the disposition of surplus State property within its borders. The resolution requests the Town's representatives in the State Legislature and Town officials to work diligently to restore the Town's ability to guide the future use of surplus state property. Selectmen's Meeting — January 24, 2005 Selectmen Concerns and Liaisons Mr. Pagett brought the Board up to date on the activities of the Lexington Center Committee (LCC). The LCC is involved in a number of initiatives connected with the center; there are also several other committees involved in these initiatives. The LCC invited representatives from most of these other committees to have conversations to limit duplication of work and promote coordination. These groups have informally formed a new committee named the Lexington Center Collaborative. This committee represents all groups with interests in the center and plans to hold a Charrette in May to do a one -day vision exercise for the center. Mrs. McKenna told the Board that she is hoping the Board will vote on the Warrant at Wednesday night's meeting. Mrs. McKenna has spoken with Mr. Burnell, Capital Expenditures Committee and Ms. Brown, Appropriation Committee. Both have indicated they are comfortable with the layout of the warrant. She asked the Selectmen to review the draft they received tonight and submit comments and or suggestions through the Selectmen's Office. Mrs. McKenna also told the Board she had the pleasure of attending the Chamber of Commerce Annual Dinner on Thursday night. The Chamber does a tremendous amount of service for the community in support of businesses, especially in the absence of a Town economic development officer. Town Manager Report Ms. Vine informed the audience that Moody's has given the AAA rating to the Town. However the negative outlook has also been retained for the next year. Ms. Vine stated the Town must be very disciplined in building future budgets. Mrs. McKenna added that Moody's believes the Town has done a tremendous amount of work to retain the AAA rating. They want to be sure the Town continues on this track and continue good fiscal practices. Ms. Vine informed the Board that retired Lexington Police Officer Robert King had passed away on January 23, 2005. Ms. Vine knew Mr. King personally and noted he was a fine officer. Communication Advisory Committee- Local Cable Access Mrs. Krieger informed the Board that representatives from the Communication Advisory Committee (CAC) were at tonight's meeting to present a plan that will ensure Public, Education and Government services will continue between the end of March, when Comcast's contract with the Town expires, and September when the Access Corporation will be in place. Selectmen's Meeting — January 24, 2005 Mrs. Krieger said in earlier discussions between the Board and the CAC, there was some ambiguity about the organization of the Media Center; she took a moment to try to clarify the organization. Mrs. Krieger began by saying Town Counsel has recommended the Town keep itself at arms length from operation of the Media Center so that it does not get involved in any first amendment issues. The CAC is currently working on an RFP; the RFP process will not be completed by March when Comcast's obligations end. Members of the CAC are here tonight to present an interim plan and to ask for funds to cover the operating expenses during the interim period. Ms. Kieslich stated that the interim plan includes maintaining existing programming including Selectmen's Meetings, SCOLA, religious programming, Rep. Kaufman, and School Committee Meetings. The plan also includes professional coverage of Town Meeting to be provided by RCN. During the interim period all programming will be broadcast on both RCN and Comcast. The programming schedule will continue to be published in the Lexington Minuteman. The operational plans for the interim period are the Town will hire contractors (current and former Comcast employees) and depend on volunteers to run the studio. Operations will continue to operate out of the Kite's End Studio. Ms. Kieslich reviewed the budget for interim period. Staffing will require $37,500, truck expense is $3,000, purchase of equipment from Comcast $25,000, rent and insurance $12,000; other operational costs $15,000 for a total of $92,500. Although the interim period is defined as March until September the Board of Conveners hopes to have a vendor chosen and ready to begin operations by July. Mr. Lazarus, a member of the Board of Conveners, gave a status report on the Conveners Group. Mr. Lazarus reviewed the group's progress to date. So far the Board of Conveners have written the By -Laws for Lex Media (the non - profit they are establishing). Next the group will choose the Board of Directors for Lex Media. They have decided that Town Wide Elected Officials should not serve on the Board of Directors. The Board of Conveners will solicit the Board of Selectmen, the Town Meeting Member Executive Committee and the Chamber of Commerce for recommendations for membership on the Board of Directors. They will recommend a Board of Directors to the Board of Selectmen for its approval. Mrs. McKenna asked that a copy of the By -Laws be given to the Board of Selectmen for review. Mr. Pagett asked what the RFP process would be. Mrs. Krieger replied that the standard procurement process would be followed; the Town Manager will make the final decision. Selectmen's Meeting — January 24, 2005 Mr. Kennedy asked who would be approving the By -Laws. Mrs. Krieger replied that Mr. Epstein, counsel for the CAC, will review the By -Laws. Mrs. Krieger said she is fairly confident that the Board of Conveners would entertain suggestions the Board of Selectmen may have regarding the By Laws. Mr. Pagett asked if the expertise of the CAC would be available to assist Mrs. Vine in selecting the vendor at the end of the RFP process. He was told they would be. Upon motion duly made and seconded, it was vote to approve the appropriation of $1650 to continue SCOLA programming. Upon motion duly made and seconded, it was voted to appropriate $92,500 from the PEG account to fund the six -month interim period. Mrs. McKenna thanked members of the Communication Advisory Committee and the Board of Conveners for their efforts. Before addressing the next item on the agenda Mrs. McKenna told the audience that there are still a number of fire hydrants buried beneath the snow. She asked residents to help by digging out the hydrants near their homes. Public Hearing for Grant of Location - RCN - BecoCom, L.L.C. The Department of Public Works has reviewed the petition, plan and orders for a Grant of Location for conduit to be installed, owned and used by RCN - BecoCom, L.L.C. The work consists of excavating and installing approximately 20 feet of communications conduit from pole #115 / 60 on Town property north to the private property of 131 Hartwell Avenue. The work is necessary to provide a communications network to 131 Hartwell Avenue. Abutters have been notified. Prior to excavation, RCN, Inc. will be required to obtain a Street Opening Permit and adhere to any and all conditions imposed. Since the application appears to be in order the DPW is recommending the approval be granted. Upon motion duly made and seconded, it was voted to approve the petition of RCN - BecoCom, L.L.C. Inc. to lay, install and maintain underground conduit on Hartwell Ave. from pole 115/60 approximately 20 feet northerly to property line. Electric Supply Contract Ms. Vine said that Mr. Hadley and Mr. Chernick were here to address this item. However she has also asked Mr. Hadley to give an update on snow removal operations. Mr. Hadley told the Board that snow removal operations had begun at approximately 3:00 p.m. on Saturday and continued until 7:00 p.m. on Sunday. He said the staff had done a great job and all streets were open. There were some sidewalks that had not yet been cleared. Selectmen's Meeting — January 24, 2005 Mr. Hadley said he had met with Mr. Hurley, Interim Superintendent of Schools, and because Mr. Hadley was unable to guarantee all sidewalks would be clear by morning, schools would be closed again tomorrow. Mr. Hadley asked that resident's assist the fire department clearing out hydrants and said trash pick up is on a holiday schedule this week. Mrs. McKenna thanked Mr. Hadley and his staff for the tremendous job they have done with snow removal. Mr. Hadley informed the Board that the Town Electric Supply Contract is currently on standard offer. Standard offer ends in the industry in March. The current standard offer is 6.323 cents per kilowatt hour (kWh). If the Town does nothing, all of the Town and School accounts will revert to the default rate, which is expected to increase to 8.974 cents per kilowatt at that time. Mr. Hadley said that he, Ms. Burke, DPW Office Manager, Kelly Zeoli, Management Analyst and Dana Hamm, Director of Facilities and Grounds, met with Paul Chernick and Roger Borghesani, members of the Electric Utility Ad Hoc Committee to explore the Town's options for Electric Supply Contracts. The two consortiums being considered are Power Options/Health Education Facilities Authority (HEFA) and the Massachusetts Municipal Association/Power Options. It is recommended that the Town be prepared to initiate a two -year contract as soon as the rates are determined to be in the Town's best interests. Mr. Hadley told the Board that staff and members of the Electric Utility Ad -Hoc Committee recommend locking in rates as soon as possible, to start at the beginning of March when the current Standard Offer ends. A two -year contract would give the Town the best rate without committing the Town too far into the future in an uncertain energy market. Should the Town Choose Power Options, HEFA, to be it's electricity supplier, the Acting Town Manger would need to sign a contract within 24 hours of the Town locking in a rate with the effective date to be no sooner than fourteen business days from the contract signing. This time frame means that the Town will need to make a decision no later than the beginning of February to prevent being switched to the Default pricing in March. Mr. Hadley is asking the Board to vote on a motion to allow the Town Manager to sign the contract. Upon motion duly made and seconded, it was voted to authorize the Acting Town Manager to execute a contract with either the Massachusetts Municipal Association or the Health Education Facilities Authority. Selectmen's Meeting — January 24, 2005 Double Pole Update Mr. Chernick, Chair of the Electric Utility Ad Hoc Committee, gave the presentation. Mr. Chernick said Lexington has been involved in finding a statewide solution to this problem. The Legislature asked the Department of Telecommunications and Energy (DTE) to investigate double pole enforcement. At the September 2003 hearing, Lexington recommended a statewide fine schedule and rules, with local enforcement. Verizon announced a Lexington pilot program to coordinate utility efforts and remove double poles. The program did not include specific goals or incentives. The DTE recommended that the Legislature wait to observe the outcome of the Lexington Pilot and statewide progress; the Legislature agreed. The issue has not been acted on since. Mr. Chernick said in the last six months Verizon has added 17 new double poles and removed only 15. The utilities database, which contains an inventory of double pole locations, has continued to be incomplete and inaccurate. The committee surveyed a portion of the Town (largely in East Lexington) and found 74 double poles in that area. Of those poles, 23 are not listed in the database. At this time the committee is recommending that the Board write to the DTE, with copies to Lexington's legislators and Senator Cynthia Creem to inform them that 16 months after Verizon promised to demonstrate its compliance with MGL Chapter 164, Section 34B by running the Lexington pilot, the utilities are still grossly violating the law; ask the DTE to organize a technical meeting or hearing in Lexington to review the failure of the voluntary approach, even as a pilot concentrated on one mid -sized town, and give the utilities a final opportunity to show cause why a state wide penalty scheme is not required; request that the DTE reopen its investigation of the matter, with the purpose of recommending establishing a uniform statewide set of penalties for non - compliance by the utilities with MGL Chapter 164, Section 34B; and ask DTE to review the utilities' practice of sawing old poles on site, in order to better protect the public from the hazards of wood preservatives released in the sawdust. Mrs. Krieger commented that the Town of Bedford recently passed a by -law, which would provide for penalties for failure to remove poles. It is currently under appeal. She asked Mr. Chernick if he could give the Board an update on the status of the appeal. Mr. Chernick said it is his understanding that the lower court sided with the utilities saying the legislature hasn't given the Town of Bedford the authority to impose these fines. The case is currently on appeal. Mr. Chernick believes that the Supreme Judicial Court accepted jurisdiction of the matter, the matter is still pending. He said the Town of Lexington could file a brief or urge an organization like the Massachusetts Municipal Association to file a brief in support of the Town of Bedford. Selectmen's Meeting — January 24, 2005 Mr. Pagett asked if the representative from RCN would care to comment on the problems RCN sees in addressing this issue. Ken Bates, RCN, said RCN doesn't transfer poles; N Star does it. Mr. Bates also said he would be happy to participate in a meeting with Town officials and representatives from other utility companies. Mr. Pagett asked that given the situation of the Bedford suit, what is the logic of the committee including an article in this years warrant. Mr. Chernick said the article is basically to keep options to support Bedford open, act in support of state legislation to institute a fine system and do whatever else Town Meeting feels is appropriate. Mrs. McKenna suggested calling a summit of all parties who use the poles, the Attorney General's Office, and the DTE and show there has been no progress in the pilot. Mrs. Krieger said it seems to her that DTE has the responsibility to enforce the regulations. She encourages the Board to go forward with the letter the committee is requesting and include in the letter an invitation to a summit as suggested by Mrs. McKenna. Next the Board discussed whether or not the article should be included in the Warrant and if it is included should it be included as a vote to amend the General By -Laws. Mrs. Krieger thinks the Board should allow the committee the flexibility of being able to request a By -Law change if they believe it is warranted. Mr. Lahey said that given the way the article is worded it is very specific to a By -Law change. It is possible the moderator may decide the only action that can be taken is an enactment of some kind of By -Law. To preserve flexibility he encourages the Board and the committee to broaden the language of the article. Mrs. McKenna asked Mr. Lahey to take a look at the article and broaden the language so it is not specific to a By -Law change. Buffet Ms. Vine said the Board has the Needs Based Prioritization Requests before them, Mr. Young is here to review the budget for Economic Development and Mr. Ryan is going to be reviewing a pro forma of the financials. Mr. Burnell will review the Capital Request Budget. Ms. Vine reminded the Board to remember Moody's feedback that it needs to develop a flexible budget that builds reserves, increases the stabilization fund and does not require the use of free cash. Selectmen's Meeting — January 24, 2005 Ms. Vine told the Board that there would be a Budget Process Group meeting tomorrow. The meeting will include some difficult discussions about budget cuts. The discussions will be difficult because of the size of the budget gap. Mrs. Krieger feels the Board has the responsibility to go into the next Budget Collaboration Meeting with a list of prioritized cuts. The Board needs to identify the programs and services that are going to be at risk. Mrs. McKenna commented that an increase in the snow removal budget was added to the Needs Request list increasing that lists total to $640,743. Mrs. McKenna suggested that it be taken off that list, and added to the agenda list for the next budget collaboration meeting. Mrs. McKenna also asked if items on the list, which don't have the support of a majority of the Board, should be removed from the list. Mr. Kennedy believes the items Mrs. McKenna is referring to should remain on the list. Mr. Kennedy believes the items on the Needs Request List are critical needs, many of them filling holes left by prior years budget cuts. Mrs. Krieger said that although she agrees with what Mr. Kennedy said she feels the Board is obligated to go into the next collaboration meeting with a prioritized list of cuts or at least identify programs and services that may be at risk. Mrs. McKenna asked Mr. Burnell, Capital Expenditures Committee to talk about the budget policy questions that need to be brought before the collaboration group. Mr. Burnell, who said he was speaking on his own behalf, not on the behalf of the Capital Expenditures Committee addressed the Board. Mr. Burnell said he does feel it is appropriate that money from capital be used to alleviate problems with the expense budget. Mr. Burnell also said he is firmly against increasing the Town's debt. He doesn't support borrowing above the Town's current debt level. The Board agreed many of tonight's discussions must be revisited at the next collaboration meeting. Consent Agenda Mrs. McKenna read the Resolution urging all Lexington families to participate in the Youth Commission's "Lexington Unplugged" Upon motion duly made and seconded, it was voted to sign the resolution for Lexington Unplugged. Upon motion duly made and seconded, it was voted to approve the annual Little League parade on Saturday, April 30, 2005 from 9:00 a.m. until 11:00 a.m. Selectmen's Meeting — January 24, 2005 Upon motion duly made and seconded, it was voted to accept the resignation of Jerome Smith from the 2020 Vision Committee, effective immediately. Upon motion duly made and seconded, it was voted to approve the Town Manager's appointment of Francine Stieglitz to the Commission on Disability. She will be filling an unexpired term that will expire, October 2006. Upon motion duly made and seconded, it was voted to ratify the poll vote taken Friday, January 21, 2005 to lower the flag for Robert Burnell, Saturday January 22, 2005. Upon motion duly made and seconded, it was voted to ratify the poll vote to enter into a state of emergency due to the snowstorm that took place over the weekend. Upon motion duly made and seconded, it was voted to adjourn at 11:00 P.M. A true record, Attest: Lori Manning Clerk Budget Collaboration Group III January 26, 2005 The four committees convened the meeting at 6:30 p.m. Mrs. McKenna called the meeting of the Board of Selectmen to order Mrs. Krieger, Mr. Kennedy, Mr. Kelley and Mr. Pagett were present. Mr. Griffiths called the meeting of the School Committee to order. George Burnell called the meeting of the Capital Expenditures Committee to order. The Appropriation Committee did not have a quorum. It will be called to order once they have a quorum in attendance. Ms. Vine distributed copies of the press release she issued regarding Moody's affirmation of Lexington's AAA Rating. The four committees met in joint collaboration to try to resolve the gap in the budget. Mrs. McKenna reviewed the steps municipal departments have taken since the last collaboration meeting. Mr. Griffiths did the same for the School Committee; the amount of the currently voted School Department Budget is $70,120,468. Alan Levine called the meeting of the Appropriation Committee to order. John Ryan reviewed the Pro Forma. The gap between expenses and revenue is currently projected to be $1,800,463. Mrs. McKenna reviewed the policies we needed to discuss to decide how to close the gap. The first issue was whether we will release funds from prior years overlay accounts. Mr. Ryan estimates $425,000 will be available for this purpose. Other policies discussed were whether to use money from either the Stabilization Fund or from the contribution expected for the Stabilization Fund; whether or not to use Free Cash to increase new growth estimates; to bond Cash Capital and use tax levy dollars; to put an override question to the voters; and what level of reductions to make in Service Requests. The group agreed that the appropriate process was to ask for a sense of the three Boards would be taken on each of the policy issues. Then Selectmen then would actually vote which policies to adopt. Upon motion duly made and seconded, it was voted 4 — 1 (Kelley) to use $425,000 from prior year overlay accounts. Upon motion duly made and seconded, it was voted not to bond Cash Capital. Mrs. Krieger made a motion to use $400,000 of Free Cash. The motion was not seconded. Upon motion duly made and seconded, it was voted not to use free cash. Budget Collaboration — January 26, 2005 Upon motion duly made and seconded, it was voted not to use any of the $500,000 slated to go into the Stabilization Fund. Upon motion duly made and seconded, it was voted not to increase new growth estimates. After the votes of the Selectmen the gap sits at $1,375,493. Next a discussion regarding whether or not to put an override question out took place. It was decided by the Selectmen that it was premature to vote on this policy. Mrs. McKenna suggested that the Interim School Superintendent and the Acting Town Manager work together to try to propose a combination of revenue enhancements and expense reductions to close the remaining gap. Mr. Pagett proposed that we allocate the split of that deficit in proportion to the size of the respected budgets $70 million schools, $27 million municipal. After much discussion it was agreed not to predetermine a split but to allow the two executives to work cooperatively and resolve the gap. Ms. Vine will call a Budget Process Group Meeting for later next week to report on the progress Mr. Hurley and Ms. Vine make. The week of February 7 the School Committee and the Board of Selectmen are expected to vote their budgets. There will also be a collaboration meeting to resolve the remaining gap issues between the four boards. Mrs. McKenna asked the Boards to think about whether we should be looking at this year as a year to provide further structural balance by increasing the Snow and Ice Budget. Mrs. Brown, Appropriation Committee, described a scenario where we have already improved structural balance in the FY06 budget process and that were we to consider an operating override in FY07, that might be a good year to take a hard look at the Snow and Ice Budget. At approximately 8:45 p.m. the Collaboration Meeting ended. The Appropriation Committee adjourned their meeting. The School Committee remained in Open Session and proceeded to a different room to continue it's meeting. The Capital Expenditures Committee remained with the Board of Selectmen. The Board of Selectmen had a discussion on proposed Capital items. The purpose of the discussion was to determine which capital items would be included in the warrant. Mr. Burnell continued the discussion from the last meeting about the Capital Expenditures Committee's concern that there had been a practice under the prior Town Manager to use money approved for specific capital projects to fund miscellaneous maintenance and supplement prior year projects and not use the funds for the project Town Meeting voted. Mr. Burnell urged that going forward only capital items be included in capital articles and that some of the items currently in the building envelope program more appropriately belong as maintenance items with the operating budget. Budget Collaboration — January 26, 2005 As a result of this discussion it was agreed that the building envelope program will only include FY06 capital requests; funds that were in fact prior year capital projects would be listed in the warrant as supplemental requests for prior years authorized projects; those items which are really FY05 maintenance items would be requested under Article 35 which is supplementary appropriation for the current fiscal years operations; and that items under $25,000 would be included in the DPW FY06 Operating Budget. Mrs. Krieger expressed concern about finding the money to pay for these items. Mr. Burnell suggested the Capital Expenditures Committee might be willing to use projected cash capital dollars to facilitate funding these items appropriately. Based on a presentation by Mr. Hadley the DPW equipment request was reduced to $483,500. The traffic improvement request was reduced to $97,000 as the Board of Selectmen was only interested in funding the upgrade of signals at Lowell and Maple Street at the request of the School Committee as well as an upgrade of the signals at Concord Road and Waltham Street. Mr. Kelley asked whether there were funds available from the Avalon Bay project approved in the 2004 Town Meeting for traffic mitigation at Concord Road and Waltham Street. This issue will be investigated. Mr. Chalpin discussed the methodology for determining the $800,000 being requested to fund the design of the new DPW facility. Mr. Burnell indicated the Capital Expenditures Committee felt this request could be reduced. Mr. Kelley believes that we should lower the request substantially and only commit to funding for schematic design and initial design development. He believes this will give us a good cost estimate. Mr. Chalpin believes that we should fund the project to construction documents but that they will only spend as much is needed to get the information necessary for the voters to make an informed decision regarding a debt exclusion. Mr. Burnell reminded everyone regardless of the number we put forth it could all be exempted as part of a debt exclusion vote. At the recommendation of the Capital Expenditures Committee. The Selectmen agreed to request $720,000 in the warrant for this project. Appointments Resignations Upon motion duly made it was voted to appoint Gant Redmon to the Lexington Center Committee to fill an unexpired term ending September 30, 2006. Upon motion duly made, it was voted to appoint Elisabeth Harvey to the Lexington Center Committee to fill an unexpired term ending September 30, 2006. Upon motion duly made, it was voted to accept the resignation of James Fearnside from the Noise Advisory Committee, effective immediately. Budget Collaboration — January 26, 2005 Vote to Sign Warrant Upon motion duly made and seconded, it was voted to sign the Warrant, including the operating and capital changes discussed this evening. Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m. The Capital Expenditures Committee remained in open session. A true record, Attest: Dawn E. McKenna Chairman