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HomeMy WebLinkAbout2005-02-BOS-minSelectmen's Meeting February 7, 2005 A regular meeting of the Board of Selectmen was held Monday, February 7, 2005, at 7:30 p.m. in the Selectmen's Meeting Room. Chairman McKenna, Mrs. Krieger, Mr. Kelley, Mr. Pagett; Ms. Vine, Acting Town Manager and Ms. Manning, Clerk were present. Mrs. McKenna began the meeting by announcing that Mr. Kennedy was ill and unable to attend tonight's meeting. Public Comment Mrs. Lazarus, 22 Woodland Road, addressed the Board regarding snow removal from sidewalks throughout the Town. Mrs. Lazarus suggested the Town either do abetter job of sidewalk plowing or discontinue sidewalk plowing and request that abutters do the cleaning. Mrs. McKenna thanked Mrs. Lazarus for her comments. As a result of similar comments received from other residents, Mrs. McKenna has already met with Ms. Vine to address this issue. Ms. Vine will present ideas for improvement in a few minutes. Mrs. Krieger took the opportunity to remind the audience about the Sidewalk Committee. Mrs Krieger urged citizens to volunteer to work on this committee and commented snow removal from sidewalks is a topic the committee plans to address. Selectmen Concerns and Liaisons Mrs. Krieger reported that the Massachusetts Legislature has approved a bond that will allow up to $261 million dollars to be used in the event that the conclusion of the Base Realignment and Closure (BRAC) process is to enhance research activity and the Base remains open. The four HATS towns have received a grant from the Office of Economic Adjustment for funds to be used for a planning analysis if the Base Realignment and Closure recommendation is to close Hanscom. This preplanning analysis should be done by the end of May. The first public meeting is scheduled for Tuesday evening February 15 in Lincoln. The meeting was scheduled for a Tuesday because the Selectmen's meetings are traditionally held, in the four involved communities, on Monday evenings. The intent of the HATS Selectmen is to have as many elected officials from the affected communities attend this meeting. Mrs. Krieger respectfully requests that her colleagues consider moving the Selectmen's meeting back to Monday, February 14 so the entire Board can attend this hearing in Lincoln on Tuesday, February 15 Mrs. McKenna announced that based on a report the Board received from the Department of Housing and Community Development the Town's inventory of affordable housing is 7.34 %. Most of the housing is in perpetuity and she believes that is a tribute to all the people who have worked on finding affordable housing opportunities. She also noted that the 7.34% does not include Avalon Bay. Selectmen's Meeting — February 7, 2005 Mrs. McKenna informed the Board and the audience that the Selectmen's Office is working on a Community Based Calendar. The calendar will allow citizens throughout the community to feed data regarding their organization's events into a centralized receiving point that would post the event to the calendar. This calendar will eliminate the kind of scheduling conflict Mrs. Krieger pointed out earlier. The calendar will be up and running shortly. Town Managers Report Ms. Vine told the Board that they each received a packet for employee performance evaluations. The information in the packet walks Managers through the evaluation process. She wanted the Board to see it and get a sense of it. She will be glad to answer questions after the Board has reviewed it. Mrs. McKenna recommended that the Board vote to adopt it as a policy once everyone has had a chance to see it. DPW Presentation on Location Ms. Vine announced that the next step in the DPW review process is for the DPW staff to review the reports that have been done to date and provide feedback as to what they believe would be the best location for a new DPW facility. Then on Saturday, February12 at Cary Library there will be a public forum from 10:00 a.m.tol2:00 p.m. The Board is scheduled to make a decision as to where they would like the facility at the Tuesday, February 15 meeting. Tonight Kerri Evans will present a summary of the inventory of the different studies and reports that have been done over the last ten years. Ms. Evans will give the pros and cons of each. Bill Hadley, Director of Public Works is also present to answer any questions the Board may have. Ms. Evans reviewed the pros and con of the three options that exist. The options are: 1. the DPW facility remain at 201 Bedford Street by itself, 2. the DPW facility moves to Hartwell Avenue or 3. the DPW remains at 201 Bedford Street and shares the site with another Department(s). Mr. Pagett asked if the entire 25 acres at Hartwell was buildable land. Mr. Hadley responded that there were wetland issues that would decrease the amount of buildable land, probably 50 %. Mr. Kelley thanked the staff for the review of the information. He is not completely convinced that all the pros or cons have been identified. He believes that no matter which choice is made there will be a number of challenges the Town will need to address. Mr. Kelley believes the facility should remain at 201 Bedford Street. He is also quite convinced that consolidating the DPW and public safety operations would bring to the Town opportunities to enhance efficiency and cost savings. This is an area Mr. Kelley feels the Town should investigate. Mr. Kelley continued by saying he has come to the conclusion that the facility at 201 Bedford Street can accommodate DPW, Fire and police. He would like serious consideration Selectmen's Meeting — February 7, 2005 to be given to a common facility at 201 Bedford Street. This would open up the Police Station building to house school administration. Mrs. Krieger is not as optimistic about combining all the facilities to one site. She is concerned about moving any of the mentioned functions out of the center of town. She also has some environmental concerns about the 201 Bedford Street site. At a later date she will be looking for information about the clean up effort that will have to take place at that site. Next Bruce Haskell, Camp, Dresser and McKee, Inc., spoke. Mr. Haskell stated there has been some testing at the 201 Bedford Street site. Low levels of contamination were found and the cost of clean up for this site, if it is used for industrial purposes, would be minimal. More intensive clean up would be required if the site was to be used for residential development. Mr. Kelley asked about the environmental testing done so far. Mr. Haskell responded that they have completed ten borings; each was approximately four to six feet deep. Mr. Haskell will provide the Selectmen with documentation of the tests. Mrs. McKenna stated that she feels there is an assumption that if the DPW were relocated to Hartwell Avenue the Town would automatically sell the property at 201 Bedford Street. She would like an analysis of the financial impact if the Town did not sell the property. It is possible the property could be used for municipal purposes in the future. Mrs. McKenna said she has had conversations with several DPW workers about their concerns about moving to Hartwell Avenue. After operational costs and needs their biggest concern about moving to Hartwell Avenue. is the odor at that location. Mrs. McKenna is concerned about whether there is enough that could be done to lessen the odor if the recycling and compost facilities remain at Hartwell Avenue. Mrs. McKenna also asked if the staff could quantify what the operational differences would be if in fact the facility was to move to Hartwell Ave. She asked if that information could be included in the public presentation. Mr. Pagett asked if there was an example in the greater Boston area of the combined facility Mr. Kelley is suggesting. Neither the staff nor Mr. Haskell were aware of a facility that houses Police, Fire and DPW operations. Mr. Pagett also said he would need more information on whether combining the facilities would enhance the operation of the three departments. Lastly he asked if the Bedford Street site was large enough to house a joint facility without losing the open space that currently separates the DPW building and the street. Selectmen's Meeting — February 7, 2005 Mr. Hadley said the staff's initial thoughts are that a combined facility would not fit on the site. Mrs. McKenna asked if there was anyone in the audience that would like to make a comment. She pointed out that both Mr. Lapointe and Mrs. Cohen were in attendance. They have both looked at the Bedford Street site regarding other issues in the past. She asked if either of them would like to make a statement. Mr. Lapointe, Council On Aging, asked the Board to consider a few strategic issues. The first is the Town's financial condition and where the capital for this project will come from as well as where the resources to pay any debt services would come from. The DPW /Senior Center Reevaluation Advisory Committee, found when it went to the market with a request for interest there was a great deal of interest in 201 Bedford Street as a site for residential development. Developers were willing to pay a substantial amount for the parcel, which would in turn generate some significant incremental tax revenue. The scenario of selling 201 Bedford Street and moving the DPW facility to Hartwell Avenue created some substantial benefits to the community. One of those benefits would be that the Senior Center could be housed amongst the residential neighborhood to be developed at 201 Bedford Street. Mr. Mehr, Electric Utilities Ad Hoc Committee, asked the Board not to lose sight of the fact that the land at 201 Bedford Street could be used to house an electric utility facility should the Town decide to have its own facility. Mr. Kanter, speaking on his own behalf, asked the Board to keep in mind that something must be done about the current DPW facility and whatever is done must meet the needs of the DPW operation. Mrs. McKenna reminded the Board that the land use question must be answered first. Once that decision is made the type of facility to be built will be decided. She once again announced that the public forum would take place Saturday, February 12, 2005. Regular Town Manager Search Janet Perry updated the Board on the Town Manager Search. Ms. Perry informed the Board that beginning after the first of the year the committee got to the "nuts and bolts" of finding a Town Manager for Lexington. So far the committee has received forty -three applications for the position. They include several strong candidates. The committee will begin interviewing the candidates on Thursday, February 10 The committee will be meeting with the nine candidates they feel are the strongest. The committee is hoping to recommend 3 -5 candidates for the Board to interview. Selectmen's Meeting — February 7, 2005 Lexington Housing Partnership Mrs. McKenna introduced Mr. Bicknell, Chair of the Housing Partnership Board. Mr. Bicknell told the Board that in January 2003 the Board of Selectmen voted to join the WestMetro HOME Consortium in order to access HUD funds on an annual basis. The Planning Staff assisted by Lexington Housing Partnership then proceeded to work with the WestMetro HOME Consortium staff to be accepted into the consortium and to create the Lexington Consolidated Housing Strategy and Plan for FY2005 — 2010 and an action plan for FY2006. The WestMetro Consortium and the State and Federal HUD offices made a number of errors. As a result of these errors four communities (Lexington being one of them) are not being recognized as members of the consortium. Mr. Bicknell will be attending a meeting on Tuesday, February 8, to discuss rectifying these errors and would like a representative from the Board to go with him. Mrs. Krieger volunteered to attend the meeting with Mr. Bicknell. Budget — Proposed Gap Reduction Ms. Vine said the Board has been given a revised proforma as well as a three -tier process to reduce the budget gap. Since the last Budget Collaboration Meeting Ms. Vine has met several times with Mr. Hurley, Interim Superintendent, to try to reduce the 1, 375,463 gap. The three - tier chart represents the best efforts of School and Municipal staff to close the $1,375,463 gap. Mrs. McKenna informed her colleagues that she, as a parent, had spoken out against the reinstitution of instrumental music fees at a recent School Committee Meeting. The Board discussed the proforma and suggestions for Revenue Enhancements, Offsetting Revenues and Reductions. Mr. Pagett commented that Ms. Vine and Mr. Hurley have done an incredible job at identifying $1.4 million in reductions and offsets. He could comfortably support what they are proposing. Mr. Young, Budget Officer, reminded the Board that there is a Budget Collaboration Meeting scheduled for Wednesday, February 9, 2005, at Cary Hall. Comments to Board of Appeals on 31 Fletcher Avenue Mrs. McKenna said this is a request for the Board to review and comment on the 31 Fletcher Avenue application for a special permit to allow the property to be turned into residential condominiums. Selectmen's Meeting — February 7, 2005 Mrs. McKenna wants to be sure the neighborhood group has an appropriate voice in the process, but wants to be sure they are focused on the issues the Boards have authority over and can discuss. Mrs. McKenna also questioned the traffic issues surrounding the project. Mr. Mitchell, representing the Fletcher Neighborhood Association, spoke to the Board regarding the abutters concerns. Mrs. McKenna suggested that the Board seek assurance from Town Counsel that a final site review will be done. If the appropriate site review is done the Board is confident that the neighbors concerns will be addressed. The Board is comfortable that this location is appropriate for residential use. Mrs. McKenna will draft a letter and bring it back for the Board's review and approval. Article Presentations Article 12 — Town Manager Act to Allow Recall of Town -Wide Elected Officials Mr. Neumeier gave the presentation for this article. This article would allow for a recall under two circumstances, a Special Town Meeting could call a recall and second there could be a citizen recall, if 20% of the registered voters of the Town sign a recall petition within twenty days. He said the purpose of this article is to let the citizens respond to new information about Town Officials. It is not intended to let a losing candidate call for another election. No recall would be allowed during the first five months of the official's term or during the last ten months of the official's term. Article 11 — Amend Selectmen -Town Manager Act Regarding Town Manager Appointment Mr. Silverman gave the presentation for this article. Article 11, if approved by Town Meeting, would amend the Selectmen -Town Manager Act to provide for: (a) appointment of an Assistant Town Manager who will automatically become Acting Town Manager in the event that the position of Town Manager becomes vacant; and (b) to provide that the appointment or removal of the Town Manager be subject to the advice and consent of Town Meeting. Mrs. Krieger feels this amendment politicizes the Town Manager position. Article 33 — Traffic Control Signals Upgrade and Installation Mrs. McKenna began the discussion of this article by saying that the Board of Selectmen has agreed to put within its own budget the intersection of Lowell and Maple Street. Mrs. McKenna asked Mr. Silverman to concentrate on the second part of his motion, which calls for a traffic light at the intersection of Maple Street and Massachusetts Avenue. Selectmen's Meeting — February 7, 2005 Mr. Silverman began his presentation by saying the funds for putting a traffic signal at this intersection was removed from last years budget. Mr. Silverman believes that over the years traffic at this intersection has increased considerably, and for the intersection with Maple Street has resulted in long delays for cars entering and leaving Maple Street and reduced traffic safety with consequent frustration and risk taken by drivers, providing an increasing safety hazard. Article 16 —Amend Tree By -Law John Frey, Chairman of the Tree Committee, presented Article 16, 17 & 18. Mr. Frey began by saying trees are important. Article 16 requests that Town Meeting vote to amend the Tree By -Law by changing "Contributions into the Selectmen's Tree Gift Account" to "Contributions into the Lexington Tree Fund, provided such an account is annually reauthorized or otherwise to the Treasury ". The article also requests that the wording, in section 120 -14 Funds, "Contribution into the Selectmen's Tree Gift Account" be deleted and substitute the words "Contribution into the Lexington Tree Fund, provided such account is annually reauthorized, or otherwise to the Treasury ". Article 17 — Tree Planting and Maintenance Mr. Frey explained that Article 17 is a request that the Town appropriate $15,000 to be used for the planting and maintenance of trees on Town -owned land. The funds would be used to purchase, plant, water and maintain for two years 30 new trees to help compensate for trees removed and not replaced by the Town in the past two years. Article 18 — Tree Revolving Fund Mr. Frey informed the Board that the intent of this article is to establish a fund to receive donations for the purchase of trees, their planting, replacement guarantee, and their maintenance costs in perpetuity. Such a fund is needed as a depository for donations received for trees and mitigation alternatives under the Lexington Tree By -Law. Planning Board Resignation Upon motion duly made and seconded, it was voted to accept the resignation of Karl Kastorf from the Planning Board effective March 17, 2005. The Board discussed the Massachusetts General Laws pertaining to filling the vacancy and reviewed a draft of the legal ad that must be posted in the Lexington Minute Man. Consent Agenda Upon motion duly made and seconded, it was voted to ratify the poll vote to approve and sign a Common Victualler License for Not Your Average Joe's. Selectmen's Meeting — February 7, 2005 Upon motion duly made and seconded, it was voted to approve and sign an Entertainment License for the VFW and Elks. The Entertainment License is for a Juke Box each establishment has. Upon motion duly made and seconded, it was voted to approve and sign a one -day liquor license for the Armenian Sisters' Academy annual Valentine Day Dance on February 12, 2005 from 8:00 p.m. to 12:00 midnight. Upon motion duly made and seconded it was voted to approve and sign a one -day liquor license for the Anne E. Borghesani Community Foundation for a 15 Anniversary Reception/Concert with Livingston Taylor in the memory of Roger and Betty Borghesani's daughter Anne to be held at the National Heritage Museum on Saturday, March 26, 2005 from 5:00 p.m. to 11:00 p.m. Upon motion duly made and seconded, it was voted to adjourn at 11:15 A true record, Attest: Lori Manning Clerk Budget Collaboration Meeting February 9, 2005 A Budget Collaboration Meeting was held Wednesday, February 9, 2005, in Cary Hall at 6:00 p.m. 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. Mr. Levine called the meeting of the Appropriation Committee to order. Mrs. McKenna began the meeting by saying the Board and the Acting Town Manager are in agreement that the municipal budget is acceptable. Mr. Griffith, Chair of the School Committee, thanked Ms. Vine, Acting Town Manager, and Mr. Hurley, Interim Superintendent, for the work they have done on the municipal and school department budgets. The Boards began discussing the Gap Closing Option, which represents the best efforts of both the School and Municipal staff to close the $1,375,463 gap achieved at the Third Budget Collaboration Meeting. Mr. Burnell called the meeting of the Capital Expenditures Committee to order. Ms. Vine reviewed the three -tier report of revenue enhancements and reductions. The chart represents the best efforts of School and Municipal staff to close the $1,375,463 gap achieved at the Third Budget Collaboration Meeting. The report also takes into account the efforts of the School Committee and the Board of Selectmen on Monday, February 7, 2005. The remaining gap according to this report is $77,563. The first tier of the report represents estimated Revenue Enhancements and Offsetting Revenues. John Ryan, Acting Comptroller, supports these estimates. The second tier represents reductions in services. The third tier represents further service reductions. The Boards agree on the first two tiers. The Boards are in agreement with tier three with the exception of the $14,000 item for decreasing expenses in M &O supplies and services. Adding the $14,000 to the current gap increases the amount of the gap to $91,563. The Boards discussed ways to further reduce the gap. Options included cutting services even further or using free cash. The Boards did not come to an agreement on either of those solutions. Budget Collaboration — February 9, 2005 It was suggested that the School Committee take a miscellaneous school reduction of $91,000 to resolve the gap. Any revenue discovered would be credited to the school budget to offset the cut they would be taking now. Mr. Griffiths said that the ultimate decision could be made by Town Meeting. He has no problem leaving tonight's meeting with a $91,563 gap. The Boards can resolve the matter on the floor of Town Meeting. Ms. Vine said that she sees no reason why the Boards, working with a $130 million dollar budget, can't resolve the $91,563 gap tonight. The Boards took a short break from the Collaboration Meeting to speak amongst themselves. The School Committee voted 3 -2 (Griffith and Cohen) to accept the $91,563 as school committee unspecified obligation. The first $91,563 of discovered revenue will be applied to the School budget and a diligent search will be done to find such revenues. Upon motion duly made and seconded, it was voted 4 -1 (Kelley) to accept the FY06 budget as it stands. All the Boards thanked Ms. Vine, Mr. Hurley and their staffs for the efforts. The School Committee will remain in session. The Appropriation Committee will remain in session. The Capital Expenditures Committee will remain in session. Upon motion duly made and seconded, the Board of Selectmen voted to adjourn at 8:00 p.m. A true record, Attest: Lori Manning Selectmen's Meeting February 15, 2005 A regular meeting of the Board of Selectmen was held Tuesday, February 14, 2005, at 5:30 p.m. in the Selectmen's Meeting Room. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms. Vine, Acting Town Manager and Ms. Manning, Clerk were present. Public Comment Mr. Lamb, Capital Expenditures Committee (CEC), announced the CEC was present with a quorum and is in session. Selectmen Concerns and Liaisons Mr. Pagett asked about the work being done in Town by Verizon. He wondered if the Town was getting another cable service. Mr. Lamb responded by saying Verizon is doing work to be able to offer fiber optic Internet service in Town. Mr. Pagett asked for a discussion of the January 5, 2005 minutes. In the minutes there is mention of several liquor license violations that occurred at a club in Town. Mr. Pagett asked his colleagues how they should address these violations. Mrs. McKenna suggested the Board hold a public hearing on the violations at a future date. The Board decided to schedule a hearing to take place in the next few weeks. The police will be asked to make a presentation during the hearing. Mrs. McKenna congratulated Representative Jay Kaufman on his appointment as Chair of the Public Service Committee. Selectmen Decision on DPW Location The Board discussed the outcome of the public meeting held on this topic Saturday, February 12, 2005. A majority of the citizens that spoke at that meeting supported keeping the DPW at its present location, 201 Bedford Street. Mr. Hadley, Director of Public Works, speaking on behalf of the DPW staff said the facility should remain at 201 Bedford Street. Mr. Kelley who is also in support of keeping the facility at 201 Bedford Street, once again voiced his hopes that a combined DPW, Police and Fire facility could be built on that site. Upon motion duly made and seconded, it was voted that the Board would adopt a policy to see reconstruction of the DPW facility at 201 Bedford Street. Selectmen's Meeting — February 15, 2005 Mrs. Krieger stated that although the she supports the decision to rebuild the facility at 201 Bedford Street, she is not prepared to take a position on the $720,000 appropriation requested in Article 32(F) for funding to design a new DPW facility until she has a full understanding of what is being designed a single use or a combined use facility. School Building Authority Talin Nazarian, Senior Class President at Lexington High School informed the Board that State Treasurer Timothy Cahill had presented a $26 million dollar check to the Town of Lexington. The $26 million is 75% of the expected reimbursement funds the Town is expecting for the work done at Lexington High School and Diamond and Clark Middle Schools. Article Positions Mrs. McKenna told the Board that prior to tonight's meeting she had contacted Mr. Kennedy and the three candidates for Selectmen and added their article positions to the grid she is sharing with the Selectmen tonight. The Board reviewed the grid of Article Positions. Mr. Lamb, Capital Expenditures Committee, reviewed the positions of his committee on the following Articles: Articles 29 Supplementary Appropriations for Authorized Capital Improvement Projects Article 30 School Capital Projects and Equipment Article 31 Maintain and Upgrade School Technology Article 32 Municipal Capital Projects and Equipment Article 33 Traffic Control Signals Upgrade and Installation At 7:30 p.m. Mrs. Krieger left the Selectmen's Meeting to attend the HATS meeting being held in Lincoln. The Board took a 10- minute break. Financial Issues — 2nd Quarter FY 2005 Financial & FY 2006 Capital Updates Michael Young, Budget Officer, reviewed the FY 2005 2nd Quarter Exceptions Report. Mr. Young began by explaining that an exception is any line item of the municipal budget which either: a) is above the anticipated percentage expended through six months or b) is significantly above previous years trends. Selectmen's Meeting — February 15, 2005 Mr. Young reviewed revenues. Overall, the Town of Lexington has collected 42.78% of anticipated revenues through six months of FY 2005. Although this amount is not unusual through out the first six months it is slightly behind FY 2004. Next Mr. Young reviewed expenditures. Overall, the Town of Lexington has expended 46.99% of the 2005 Appropriated Budget through the first six months of the fiscal year. These percentages do not reflect any deviation from prior year trends and at this point do not cause any major areas of concern. Article Presentations Article 7- Adoption of Community Preservation Act Article 8- Establishment of Community Preservation Committee Robert Bicknell, Lexington Housing Partnership, gave the presentation for Articles 7 & 8. Mr. Bicknell explained that the Community Preservation Act (CPA) is a law that allows cities and towns in Massachusetts to raise local property taxes to acquire and protect open space, preserve historic buildings and landscapes and create and maintain affordable housing. It also provides significant state matching funds. In order for the Town of Lexington to qualify for state matching funds, Town Meeting must vote to place a property tax surcharge of no more than three percent on the ballot. Once CPA is placed on the ballot, local voters must then approve it. Participating cities and towns can opt out of CPA after five years and end the surcharge. Mr. Bicknell said the issue being brought before Town Meeting is whether or not to accept the warrant articles and, if accepted, select the appropriate tax surcharge, start point and exemptions and to establish the required committee to implement provisions of the act. Mr. Bicknell reviewed data that forecasted the amounts taxpayers would pay at various surcharge levels. Next Mr. Bicknell reviewed the article for the establishment of the Community Preservation Committee. If the CPA Article is adopted the town must establish a Community Preservation Committee to implement the provisions of the CPA. The committee must consist of not less than five nor more than nine members. The committee shall include representatives from the Conservation Commission, the Historical Commission, the Planning Board and such other members to represent recreation and community housing interests. The committee's duties consist of studying community need, coordinating the appropriate town entities and citizen groups and making recommendations to Town Meeting for action. Selectmen's Meeting — February 15, 2005 Mrs. McKenna thinks it is important that the citizen's be given the opportunity to vote on whether or not they want this Act to be adopted. Mrs. McKenna asked Ms. Vine to locate the report previously done regarding the CPA, ask staff to research concerns raised tonight and have the staff prepare a report for the Board. A majority of the Board unanimously supports the concept of the CPA, the 3% exemption and the $100,000 exemption. A majority of the Board supports Article 8. Health Insurance Opt Out Program Review Rose Durcharme, Revenue Officer/Benefit Manager, reviewed the Opt Out Program offered to employees. On July 1, 2004 the Coalition and the Town agreed to a two - year -Opt Out Program as a cost savings initiative. The program was offered to all employees who were actively enrolled in the Town's health insurance before July 1, and who would ensure they would be covered elsewhere. Seventeen participants enrolled in the Opt Out Program. The total payout to employees over two years will be $67,792, with an estimated net savings to the Town of $180,208. Mr. Pagett expressed concern with the portion of the contract that states "the Coalition Chairs and the Town Manager mutually agree to utilize these "Opt Out" savings to preserve jobs /services ". Mr. Pagett questions the legality of that statement and recommended to Mrs. McKenna that Town Counsel review this. Mrs. McKenna said this agreement had been entered into without the knowledge or support of the Board. She feels that Town Counsel should review the legality of that portion of the contract prior to further negotiations of this program. Vinny T's of Boston - Change of Officers/Directors on Liquor License Upon motion duly made and seconded, it was voted to approve and sign the application for a Change of Officers/Directors an on all- alcoholic liquor license for BUCA Restaurants 3, Inc. d /b /a Vinny T's of Boston, 20 Waltham Street. Alcoholic License Regulations Amendments Mrs. McKenna explained that the amendments include language regarding opening on News Years Eve, no liquor in convenience stores and electronic games. Selectmen's Meeting — February 15, 2005 Upon motion duly made and seconded, it was voted to approve the amendments to the Alcoholic Beverages License Regulations Applicable to Clubs and Post of War Veteran Organizations, Restaurants and Package Stores. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of September 27, 2004 (with corrections) October 4, 2004 and November 29, 2004. Upon motion duly made and seconded, it was voted 3 -0 -1 ( Pagett) to approve the minutes of January 5, 2004. Letter to the Board of Appeals Regarding 31 Fletcher Avenue Upon motion duly made and seconded, it was voted 3- 0- 1(Kennedy) to sign the letter to the Board of Appeals containing comments on the proposed plans for 31 Fletcher Avenue. Comptroller Search Mrs. McKenna informed the Board that Ms. Vine had been in contact with one of the finalists from the previous Comptroller Search. The candidate will be visiting the community on February 26, Ms. Vine and Mrs. McKenna will be in contact with the Board regarding interview appointments. Water Sewer Report Mr. Pagett asked when the Board would be receiving copies of the Water /Sewer Pilot Report being prepared by Town Counsel. Mrs. McKenna replied that she hopes to distribute the report before the February 28, meeting. Upon motion duly made and seconded, it was voted to adjourn at 9:15 p.m. A true record, Attest: Lori Manning Clerk Selectmen's Meeting February 28, 2005 A regular meeting of the Board of Selectmen was held Monday, February 28, 2005, at 6:30 p.m. in the Selectmen's Meeting Room. 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 informing the audience that the Board had received a ruling from the Middlesex County District Attorneys Office regarding complaints filed by citizens of Lexington alleging that the Board of Selectmen had violated the Open Meeting Law by improperly meeting in numerous executive sessions to: 1.) discuss the termination of the Town Manager; 2.) discuss the hiring of special counsel for advice in this regard; 3.) instruct counsel to negotiate an agreement pertaining to the termination of the Town Manager; 4.) consult with counsel regarding this agreement; and 5.) to review and approve the Town Manager's resignation statement. The complaint further alleges that the Board met in secret or deliberated in a serial fashion and participated in off -site meetings with the Town Manager and a facilitator. Lastly the complainant alleged that the Board of Selectmen violated the Open Meeting Law when it held its open meeting August 9, 2004 in a location that was not large enough to accommodate the crowd that wished to attend. The District Attorney's Office concluded that the Board did violate the Open Meeting Law when it entered into executive session on June 9, 21, and 28, 2004, because the purpose given for the executive session, litigation, did not apply. The ruling also says that the Board violated the Open Meeting Law when it did not timely release the minutes that pertained to the Town Manager issues. The Board has since released the minutes and no further action is necessary. There were other concerns raised by the complainants. The District Attorney's office ruled that they did not violate the Open Meeting Law. Mr. Lahey commented that the decision indicates that the Board was in full compliance with the Open Meeting Law except for the three executive sessions that were all called at the discretion of counsel. Mr. Lahey reminded the Board and the audience that all boards and committees must realize the importance of being clear and cautious about the reasons for entering into executive session. Mrs. Krieger read a paragraph from the letter received from the District Attorney's Office which she felt implied that the Chairman had acted on her own when she, prior to the August 9, 2004 meeting, informed Mr. White of her intent to seek his removal from the position. Mr. Kelley and Mr. Pagett both made statements indicating that as of the end of July a majority of the Board had informed the Town Manager of a loss of trust in his ability to perform his position. Mrs. McKenna commented that the entire Board was kept informed every step of the way. Selectmen's Meeting — February 28, 2005 Selectmen Concerns and Liaisons Mrs. Krieger announced that the Board of Conveners is seeking nominations for the Board of Directors for the Cable Access Corporation. Anyone interested in building an organization vested in providing quality communications should apply. Brochures which include applications are available in the Selectmen's Office. Mrs. McKenna announced that the Tourism Committee has begun planning for this years Patriot's Day Celebration. Over the years the costs of the Patriot's Day ceremonies have steadily increased. Mrs. McKenna reminded the audience that members of the community could donate money through the Chamber of Commerce. Mrs. McKenna reminded the Board it is the Board's responsibility to ensure the funds necessary for Patriot's Day are made available. Town Manager Report Ms. Vine informed the Board that the Town had been notified by NEMA that it will receive 75% reimbursement for the cost of snow removal done during the January blizzard. Bill Hadley will give a presentation regarding this reimbursement at the Boards next meeting. Mrs. McKenna asked that Mr. Hadley also be prepared to discuss snow removal from sidewalks at that meeting. Article Presentations Article 26 - Playgrounds and Recreation Facilities Improvements Mr. Chisholm, representing the Recreation Committee made the presentation regarding this article. The article requests an appropriation of $65,00 dollars, $30,000 will be transferred from the Recreation Enterprise Fund and $35,000 from the tax levy, to make playground and recreation facility improvements at Rindge Playground and the Center Recreation Complex. The improvements include replacing tennis practice boards, resurfacing the playgrounds with an updated safer product, replacing fencing and a swing set. Mrs. McKenna asked the committee to further investigate the type of fencing they are planning on using and they should be consistent with materials used on other town properties. Karen Simmons will do this and forward that information to the Board. Mr. Kelley asked if the Capital Expenditures Committee (CEC) was supporting this Article. Mrs. Stoltz, a member of the CEC, said the committee approves this appropriation request. The Selectmen agreed they were in support of this Article. Selectmen's Meeting — February 28, 2005 Mrs. Fournier asked if the Recreation Committee was going to give a detailed presentation regarding the Enterprise Fund at Town Meeting. Ms. Vine responded by saying the budget document being prepared for this years Town Meeting was more informative that in previous years. As far as presentation specific to Enterprise Funds, Ms. Vine said she would talk to the staff about this. Article 27 - Lincoln Park Faci Sandra Shaw, representing the Recreation Committee, made the presentation on this article. The Committee is requesting that $200,000 be appropriated to build restroom facilities at Lincoln Park. The Lincoln Park Sub - Committee has pledged a $75,000 donation for this project. Mrs. Shaw explained that the plan the Recreation Committee approved is a plan used in the Town of Chatham at one of their playground facilities. It is a scaled down version of what the Committee had originally planned for. Plans were scaled back because of the economic constraints the Town faces. Mr. Williams, representing the Lincoln Park Committee, confirmed that the Committee is in favor of the facility being constructed at Lincoln Park and is willing to contribute up to $75,000. The committee feels strongly that the plan be worthy of the donation. Mrs. McKenna asked Ms. Vine to get the appropriate parties together to discuss the best design for the facility. Mrs. McKenna also asked Ms. Vine to provide the Board with copies of the Chatham plans. The Board will not take a position on this Article until all parties agree they have the best plan in place. Article 28 - Pine Meadows Improvements Mr. Thuma made the presentation for this Article. The Article request an appropriation of $50,000 to complete a hydrology study to address drainage issues at Pine Meadows Golf Club; to meet such appropriation $50,000 shall be transferred from the Recreation Enterprise Fund. Richard Thuma gave details of the affected area at the golf course. Mrs. McKenna applauded the Recreation Committee for taking the time to get a study completed before jumping forward and trying to fix the problem without the proper research. The Board unanimously supports this Article Article 19 — Conservation Land Transfer Ms. Miller, Chairman of the Conservation Commission, presented this article to the Board. Article 19 asks for the properties listed below be transferred to the Conservation Committee for conservation and recreation purposes as provided by Section 8C of Chapter 40 of the General Laws as amended: North Street land — Map 68 — Parcel 45 North Street land — Map 69 — Parcel 99 Selectmen's Meeting — February 28, 2005 Mrs. McKenna commented that although it is not specifically stated in the deed there is language that indicates the intent was that the purpose of the property would be to remain open space. Mrs. McKenna asked Mr. Lahey to review the document. Mrs. McKenna asked if there were representatives from LexHAB or the Lexington Housing Partnership that wanted to speak. Mr. Bicknell representing the Lexington Housing Partnership said the committee had received a communication from Marshall Derby asking it to support him in suggesting this article be tabled in order to give Mr. Derby the opportunity to complete the study LexHAB currently has underway to determine whether or not an affordable housing project would be a good use of some of the land. Mr. Bicknell said the Housing Partnership has discussed his request and sees no reason why the Board can't wait to take a position on this article until Mr. Derby completes his analysis. Mr. Kennedy stated that LexHAB is only looking at parcel number 45. Mrs. McKenna feels that LexHAB has had plenty of opportunity to come forward with its proposal. She also stated that she does not feel this property is appropriate for a Senior Center. She along with Mrs. Krieger will vote in favor of transferring the properties to conservation. The Board unanimously supports transferring the property in Parcel 99 to the Conservation Committee. A majority of the Board does not support transferring the transfer of Parcel 45 to the Conservation Commission. Article 20 — Acauisition of Former Middlesex Countv Hosbital Land Ms. Miller stated that the Conservation Commission is not prepared to make a presentation tonight. Mrs. Krieger commented that one of the reasons the Conservation Commission is not prepared tonight is that discussions between the Town and the Department of Capital and Asset Management (DCAM) are ongoing. DCAM has proposed to allow the Town to purchase the land at 90% of its market value. If the Town does not act on this offer the state would be allowed to sell the property and give 10% of the purchase price to the Town. There is nothing in the proposal that addresses the timing of this offer. Mrs. McKenna thanked Mrs. Krieger for her leadership on this issue. Next she introduced and thanked Representative Tom Stanley. Representative Stanley addressed the Board. He has been working to have section 548 repealed immediately. He as well as a large number of State Representatives have signed a document asking for the immediate repeal of Section 548. He also informed the Board that at a recent meeting, DCAM has finally agreed to document the discussions it has been having with Selectmen's Meeting — February 28, 2005 communities surrounding this Parcel of land. Agreements made between the parties will be put in writing. Since it is not clear whether there will be an affirmative motion under this article, the Board did not take a position on this article. Article 21 — Former Middlesex County Hospital Open Space Mr. Kennedy, Town Meeting Member Precinct 8, began the discussion by saying this motion is in flux as it is dependent on the outcome of Article 20 and Representative Stanley's effort to eliminate Section 548. Mr. Kennedy reminded the Board this land is an important link in the Western Greenway. The Board unanimously supports this article. Article 22 — Fast Track Auction Law Mrs. McKenna informed the Board that this is a citizen article and asked Ms. Stein to address the Board. Ms. Stein said the purpose of the motion is to urge Town Officials and its representatives in the State Legislature to work diligently to 1.) Restore the Town' right to guide the future use of surplus state property by expeditiously repealing the fast -track auction law, and 2.) Prevent the re- enactment of the same or similar law as either an Outside Section of the FY06 state budget or as a separate piece of legislation. Article 4 — Zoning By -Law. Amend CB to CD. Battle Green Inn. 1720 Massachusetts Avenue Mr. Shapiro, owner of the Battle Green Inn was at the meeting looking for guidance from the Board. He is not looking to engage in negotiations with the Board, but would like to discuss means for appropriate mitigation. Mrs. McKenna said three areas that she feels should be addressed 1.) inclusionary housing policy 2.) business contribution and 3.) traffic impact. Article Positions The Board updated its Article positions. Classification Process Mr. Jackson and Mr. Foster, representing the Board of Assessors and Mr. Nugent Jr., Town Assessor were at the meeting to review the process of tax classification. Mr. Jackson explained that the purpose of tonight's meeting is to provide the Board with the necessary information to conduct a Public Hearing and Information Session on the tax classification options available Selectmen's Meeting — February 28, 2005 under Massachusetts General Laws. The classification amendment allows the Board to consider three alternatives with respect to the FY2004 tax rate. The three alternatives are: • Selection of a residential factor; • Selection of a discount for open space; and • Granting a residential and /or small commercial exemption. The Board discussed the alternatives. The Tax Rate Classification hearing will be held on March 8, 2005. Water /Sewer Report Mr. Lahey said that through its research Palmer and Dodge has determined that there is no statute or case law which directly addresses the legality of the Town's charging PILOTS to the Enterprise Fund and collecting such charges through water and sewer user fees. Based on their understanding of the facts and the results of their research to date, Town Counsel believes that a court could conclude that the Town has implicit statutory authority to charge water and sewer PILOTS to the Enterprise Fund, and therefore, the PILOTS constitute legitimate costs of the Town's water and sewer system which may be recovered from other users of the system. There are certain factors that could, however, lead a court to reach the opposite conclusion. To reduce this legal uncertainty the Town may want to consider: (a) calculating the PILOT amounts in accordance with the recommendations of the Massachusetts Department of Revenue; or (b) Basing the charge on the actual indirect costs attributed to the water and sewer systems. Mr. Lahey said the Jay Gonzales from Palmer and Dodge, would be at the Board's meeting on March 14 to review this report in more detail. Update on Comptroller Search Mrs. McKenna updated the Board and audience on the progress of this search. Each member of the Board has interviewed the candidate. The candidate has asked that her interest in the position be kept confidential. Ms. Vine said she has received approximately 15 resumes, would consider interviewing three of the applicants. The Board agreed to pursue the candidate and continue to accept resumes for the position. Selectmen's Meeting — February 28, 2005 RCN Proposed Amendment On November 29, 2004 members of the Cable Advisory Committee presented to the Board a proposed amendment to the Cable Television License between RCN and the Town. Tonight the Board must decide whether or not to accept the amendment which would release RCN from any and all obligations arising out of the cable television license that would require RCN to further build out its system within the Town of Lexington, with the sole exception that RCN will consider extending its cable system when there is new development in the Town which may significantly mitigate costs of underground construction, and the cable television license shall be deemed amended as set forth in Exhibit A hereto / as necessary to effectuate the termination of RCN's remaining build out obligations. Mrs. Krieger urged the Board to consider what RCN has done for the community. The coverage of the Lexington Town Meeting is performed at great cost to RCN when making its decision. Upon motion duly made and seconded, it was voted to deny the request of RCN as presented to the CAC and for CAC to work with RCN to develop a work plan to connect those outstanding residences. Community Calendar Jan Comey, from MIS, was at the meeting to show the Board the Community Calendar Site and how it works. Ms. Comey told the Board the next step in the process will be to implement policy and procedures for using the calendar. Hanscom Related Activities Mrs. Krieger explained that the Hanscom Area Towns (HATS) are keenly interested in preserving the historic environment and resources of our communities and acting as responsible stewards of these resources for future generations. However, they do not feel that continued participation in the Hanscom Field Airport Environmental Status and Planning Report (ESPR) is a valuable tool for assisting that stewardship by managing the impacts of air traffic at the civil airport. The ESPR review process has not proved to be meaningful and has not resulted in tangible controls. During the 2000 ESPR process the Environmental Sub - Committee of HATS, the volunteer citizen group of experts of national reputation, found that Massport was insufficiently responsive to community issues and comments. Questions and concerns, supported by well - grounded analysis, remain unanswered. Selectmen's Meeting — February 28, 2005 Meaningful threshold limits, measuring the impacts of proposed development, have been largely eliminated. The four communities would be better served by devoting their efforts to describing environmentally responsible limits to air traffic at Hanscom Civilian Airport. The expertise of the HATS environmental sub committee and the resources of the four HATS communities would be better spent promoting improved regulation than perpetuating what the HATS communities have experienced as a meaningless exercise. HATS would welcome the opportunity to work with Massport to fully implement the recommendations set forth by MEPA in response to the 2000 ESPR, and to develop a better mechanism to use public resources to find a balance between the needs of Hanscom Civilian Airport and the historic environment in which it resides. Mrs. Krieger is asking for an endorsement from the Board. Upon motion duly made and seconded, it was voted 4 -1 (Kelley) to endorse Lexington not participating in the ESPR review process. Consent Agenda Mrs. McKenna asked her colleagues to withdraw the request to accept the Alice Hinkle- Prince Estabrook Award Fund, included in the Consent Agenda. Mrs. McKenna stated there were technical problem with the manner in which the Trust was proposed. It will be brought before the Board at a later date. Before giving his vote, Mr. Kelly took a moment to inform the audience that the items brought forward for presentation as part of the Consent Agenda include a number of trusts that represent the type of spirit and commitment the good citizens of this community have toward the opportunity to contribute to scholarships. Mr. Kelley read the names of some of the scholarships: • Richard Townsend Scholarship Fund; • George O. Smith Trust; • George E Jansen Scholarship Fund; • James Cataldo Scholarship Fund (Mr. Kelley pointed out this scholarship is an opportunity for children of Town employees); and • Robert and Mary McNamara Family Scholarship fund (Mr. Kelley told the audience this represents a family who for many years has participated in a number of worthy purposes in the community). Mr. Kelley wanted to make sure it is known that these contributions help to make Lexington the community we all appreciate and benefit from. The scholarships bring benefits to people that might not otherwise have them. Upon motion duly made and seconded, it was voted to accept the trusts recommended by the Trustees of Public Trusts. Selectmen's Meeting — February 28, 2005 Upon motion duly made and seconded, it was voted to approve the Acting Town Manager's appointment of Deborah Thompson to the Board of Health. Upon motion duly made and seconded, it was voted to approve the location and date of Discovery Day- Saturday, May 28, 2005 (rain date June 4) from 5:00 a.m. to 5:00 p.m. at the Muzzey Street/Waltham Street parking lot. Upon motion duly made and seconded, it was voted to approve the use of the Battle Green for the annual Easter Sunrise Service on Sunday, March 27, 2005 at 6:30 a.m. Upon motion duly made and seconded, it was voted to approve the use of the Battle Green for the Pastors' Fellowship to hold an outdoor prayer meeting on Thursday, May 5, 2005 at 12:00 noon. 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 litigation and contract negotiation. A true record, Attest: Lori Manning Clerk