HomeMy WebLinkAbout2005-03-BOS-minSelectmen's Chairman Breakfast
March 3, 2005
A Chairmen's Breakfast meeting of the Board of Selectmen was held on Thursday, March 3,
2005 at the Cary Library Meeting Room at 8:00 a.m. Chairman McKenna, Mrs. Krieger, Mr.
Kennedy, Mr. Kelley; Ms. Vine, Acting Town Manager; Mrs. Battin, Town Moderator; and Ms.
Pease, Executive Clerk were present.
Mrs. McKenna welcomed everyone and thanked all for attending.
Below is the agenda for the meeting:
Procedure for Town Meeting
Marge Battin reviewed the process that would be followed at Town Meeting:
Town meeting will begin at 7:30 p.m. this year and will hopefully adjourn by 10:30 p.m.
No major article will be brought up after 10:00 p.m., no article after 10:15. Verbal
reports under Article 2, Reports of Town Boards, Officers, Committees, will be limited to
5 minutes. Official responses to the articles of others should be no more than 5 minutes
and may be less if there are a number of official committees wishing to respond on the
same article. These time limits do not apply to the Planning Board and the two finance
committees as they have a statutory obligation to make recommendations to Town
Meeting.
• Motions have been drafted and will be finalized soon. If there is a need for a motion
change the process is: get information to the Selectmen's Executive Clerk no later than
noon the day before article to be taken up at Town Meeting. Clerk will forward
information to Town Counsel and Town Moderator for review and approval. After
revised motion is approved by Town Counsel and Town Moderator, Clerk will date, file
with the Town Clerk and copy for distribution to Town Meeting members.
• The Town Meeting Handbook will be made available in the Town Manager's Office. It
is currently on the TMMA web site and will be linked to the Town Web site.
Community Calendar
Mrs. McKenna was pleased to announce that there is now a Community Calendar available in
Lexington. The Selectmen are hoping that this will become a valued community resource. It is
available for a broad range of events that are open to the public. The calendar will be maintained
by the Selectmen's Office.
It is important for Committees to understand that the Community Calendar does not replace the
official posting procedure done by the Town Clerk's office. It is another place for Committees
to put information on upcoming meetings. The Town will look into combining the Town Clerk's
official calendar with the community calendar, as we get familiar with the site.
Chairman's Breakfast — March 3, 2005
Suggestions were made to add additional information to the disclaimer: mentioning Town
Clerk's official posting and linking to that site. The Community Calendar will be monitored
closely to make sure it is working for the entire community.
Housekeeping
Committees were requested to remember to send copies of committee agendas to the Selectmen
and the Town Manager prior to the meeting. The Town Clerk will maintain Committee minutes.
Discussed posting of meetings and reiterated that the Town Clerk is the official posting location.
The process for booking and posting meetings is: Contact Marie McDonnell (x275) in the
Manager's office to select an available location, send an e -mail, fax, or drop by the Clerk's
Office with a written posting that includes the date of posting, who is meeting, day and date of
meeting, time, location, address, and a contact name, and phone number and e -mail.
Committees were asked to request permission prior to spending money or committee expenses.
They should contact Marie McDonnell in the Manager's Office or their Selectmen liaison.
Committees were also reminded that the Town has an annual printing contract for all Town print
work. All necessary Committee copying jobs should be done through the Town contract unless
they cannot provide what you need. When requesting a print job, make sure they knows the job
is under the Town contract and that they have a Committee Name and contact person that can be
included on the bill. Committees should not be seeking estimates from other vendors for the job.
This year's contract is with Wales Copy Shop in Lexington Center.
Brief Committee Announcements or Reports
The following Committee representatives were at the meeting and made brief remarks about
what the Committee is doing: Loren Wood, Ad Hoc Water and Sewer Rate Study Committee;
Alan Levine, Appropriation Committee; Arthur Smith, Board of Appeals; George Burnell,
Capital Expenditures Committee; Victoria Buckley, Commission on Disability; Jeanne Canale,
Communications Advisory Committee; Joyce Miller, Conservation Commission; Carl
Oldenburg, Design Advisory Committee; Paul Chernick, Electric Utility Ad Hoc Committee;
Thomas Montanari, Fair Housing and Human Relations Committee; Richard Canale, HATS,
Environmental Subcommittee, MAPC; Deborah Strod, Health Benefits Review Committee;
Robert Bicknell, Housing Partnership Board; Robert Dentler, Human Services Committee;
Marshall Derby, LexHAB; Stewart Kennedy and Marita Hartshorn, Lexington Bicycle Advisory
Committee; Jeanne Krieger, Met State Hospital Land Task Force and Middlesex County
Hospital Ad Hoc Committee; Anthony Galaitsis, Noise Advisory Committee; Thomas Harden,
Planning Board; Thomas Griffiths, School Committee; Vicki Blier, Tax Deferral and Exemption
Study Committee; Kerry Brandin, Tourism Committee and Town Report Committee; Charles
Chairman's Breakfast — March 3, 2005
Hornig, Town Meeting Members Association; Steve Frymer and Gail Wagner, Traffic Safety
Advisory Committee; Sara Arnold, Transportation Advisory Committee; John Frey, Tree
Committee; and David Williams, Trustees of Public Trusts.
A true record, Attest:
Lynne A. Pease
Executive Clerk
March 8, 2005
Selectmen's Meeting
A regular meeting of the Board of Selectmen was held Tuesday, March 8, 2005 at 7:30
p.m. in the Selectmen's Meeting Room. Mrs. Krieger, Mr. Kelley, Mr. Pagett, Mr.
Cohen, Mr. Manz; Ms. Vine, Acting Town Manager; Mr. Lahey, Town Counsel and Ms.
Manning, Clerk were present.
Reorganization of the Board
Ms. Manning opened the meeting. The first order of business was the election of a
Chairman.
Mr. Manz nominated Mrs. Krieger. There were no further nominations.
Upon motion duly made and seconded, it was voted to appoint Mrs. Krieger Chairman
of the Board of Selectmen.
Mrs. Krieger thanked her colleagues and then stated that the community has just gone
through a long and difficult campaign, she believes now is the time to look forward and
concentrate on the work before us. The Board must strive to work together effectively,
and hold themselves accountable.
The immediate focus should be preparing for Town Meeting and to fill some critical
positions. Mrs. Krieger stated that she has accepted the position as Chairman and will
hold it through Town Meeting; however, she suggests that at the end of Town Meeting
the Board be reorganized.
Mr. Kelley acknowledged the excellent exercise of democracy he witnessed in the
community over the past several weeks. He appreciates the energy, interest and
enthusiasm of all the candidates.
Next Mr. Kelley thanked the former Chairman for her work on the Board and throughout
the community. Mr. Kelley looks forward to the Boards new Chairman serving equally
as well. Mr. Kelley also looks forward to a very productive third year on the Board.
Mr. Cohen thanked Mr. Kennedy for the wonderful service he has given the Town.
Mr. Pagett raised the question and asked for approval from the Board for Mr. Kennedy
to continue as a member of the Regular Town Manager Search Committee.
Upon motion duly made and seconded, it was voted that Mr. Kennedy would remain a
member of the Regular Town Manager Search Committee until the conclusion of the
committees work.
Ms. Vine welcomed the two new Board members and said she looks forward to working
with them.
Selectmen's Meeting — March 8, 2005
Update on Snow Removal and Sidewalks
Mr. Hadley, Director of Public Works, gave the presentation. Mr. Hadley stated that his
department has completed twenty snow removal operations so far this year: 12 plowing
operations and 8 sanding operations. The DPW has removed approximately 80 inches of
snow. The amount appropriated for the FY05 Snow Removal Budget was $494,125; as
of today the Town has spent $949,623, leaving a deficit of $455,498.
Mr. Hadley reported that on Monday, February 28, 2005, he and other staff members
attended a snow emergency declaration preparedness sponsored by FEMA. He is hoping
to receive reimbursement money for the January blizzard. Mr. Hadley is working with
the Police and Fire Departments who also incurred expenses due to the storm. The
DPW cost for the January storm was $125,000, Mr. Hadley is hoping for reimbursement
of approximately $93,000.
Mr. Hadley also addressed the sidewalk issue. He stated that the DPW began using a
different approach to clearing the sidewalks this year. They are using snow blowers that
are attached to bob cats. These devices are slower but they do a much better job. The
DPW began using this equipment after the January blizzard; it took his department about
two weeks to complete clearing sidewalks after that storm.
Mr. Hadley further explained how the Town is divided into six sections, with school
sidewalks and main street sidewalks being cleared first, then they move into
neighborhood streets. Because of staffing levels the department was not able to complete
the sidewalks as quickly as it would have liked. The department clears approximately 56
miles of sidewalk.
This year the DPW's capital requests include two additional snow blowers.
Mr. Hadley said the Town does have a By -Law that requires businesses clear the snow
surrounding their properties; however, there is no such by -law for residents, this is
something he feels the sidewalk committee should address.
Mrs. Krieger stated that the Board approved the Charge of the Sidewalk Committee in
November. Before the Board tonight is a list of people interested in serving on the
committee. Mrs. Krieger went on to say that in her perspective the intent of the
committee is to start dialogue throughout the Town about new sidewalks, where they are
needed and sidewalk maintenance.
Mrs. Krieger read the following list of potential committee members:
Selectmen's Meeting — March 8, 2005
Ex officio:
John Davies, Planning Board
Jeanne Krieger, Selectmen
Olga Guttag, School Committee
Victoria Buckley, Commission on Disability
PTAs:
Tracey Herbert
Ankur Gupta
Sue -Ellen Briggs
Laura A. Cecere
Craig Weeks
Lucy Fletcher -Jones
Judy Crocker
Neighborhood Organizations:
Lisa Baci
Frank Cavatorta
Stephanie Mitzenbacker
Bicycle Enthusiasts:
Jerry Van Hook
League of Woman Voters:
Sue Solomon
Resident:
Jean Williams
Marianne Lazarus
Steve Kropper
Staff as appropriate
The committee will meet with PTAs and neighborhood organizations to get feedback
regarding sidewalk policies.
Mr. Kelley asked if a member of the senior community should be added to the list. Mrs.
Krieger said the Council on Aging is an organization the committee plans to meet with.
Upon motion duly made and seconded, it was voted to approve the proposed members to
the Sidewalk Committee for three -year terms.
Selectmen's Meeting — March 8, 2005
Regular Town Manager Search Update
Ms. Perry addressed the Board, she prefaced her report with a thank -you to Mrs.
McKenna for her help selecting a search firm. She also thanked the Board for voting
that Mr. Kennedy remain on the Search Committee.
Ms. Perry said the Committee had interviewed eleven candidates. The Committee will
be meeting the following evening and hopefully will narrow the list to four candidates to
be recommended to the Board. Ms. Perry will be out of Town next week but believes
the Committee will select a member to present the list in her absence to the Board at its
next meeting.
Mrs. Krieger commented that Ms. Perry previously told the Board there might be a few
candidates waiting until after the Town Elections to submit their resumes for
consideration. She asked Ms. Perry if she knew of any candidates that may be coming
forward. Ms. Perry stated that there have been a few additional resumes, but didn't feel
that the experience of these newer candidates was commensurate with what the Town
was looking for.
Minutes
Upon motion duly made, it was voted 2 -0 -3 (Pagett, Cohen and Manz) to approve the
minutes of the March 3, 2005 Chairman's Breakfast.
Consent Agenda
One Day Liquor License
Upon motion duly made and seconded, it was voted to approve the request from the
Temple Emunah and issue a one -day liquor license for a Casino Night Fund Raiser on
Saturday, March 19, 2005 from 8:00 p.m. to 12:00 midnight.
Classification Hearing
Mr. Jackson, Mr. Foster and Mr. Grant, representing the Board of Assessors and Mr.
Nugent, Town Assessor, were present to review the property tax classification in order
for the Selectmen to choose a residential factor, after which a tax rate for residential,
commercial and industrial properties will be set. Mr. Jackson explained that the
Classification amendment allows the Board to consider three alternatives with respect to
the FY2005 tax rate, the three alternatives are:
- selection of a minimum residential factor
- selection of discount for Open Space
- granting a residential and /or small commercial exemption
Selectmen's Meeting — March 8, 2005
Mr. Jackson briefly reviewed the three alternatives.
Mr. Sandy, Town Meeting Member Precinct 6, asked the Board to recall that last year
when setting the tax rate a majority of the Board voted not to go to the maximum in
order to leave leeway to increase the ratio again this year if it turned out that commercial
assessment continued to go down. Mr. Sandy said the Board owes it to the residents,
who paid a very large increase in their taxes last year, to raise the ratio as promised last
year.
Mr. Smith, a landlord in town, told the Selectmen a split rate can be a burden to
businesses, he added that surrounding communities do not have a split tax rate.
Upon motion duly made and seconded, it was voted 2 -3 (Krieger, Cohen, Manz) to set
the CIP factor at 1.75. The motion did not pass.
Upon motion duly made and seconded, it was voted 4 -1 (Krieger) to set the CIP factor at
1.8.
Upon motion duly made and seconded, it was voted not to grant a discount for open
space.
Upon motion duly made and seconded, it was voted not to grant a residential and /or
small commercial exemption and make a recommendation that an in depth analysis be
done.
Upon motion duly made and seconded, it was voted not to grant an exemption of up to
10% of property value to commercial properties that meet requirements of the law.
Mr. Nugent thanked the Board of Assessors and his staff and volunteers who contributed
their time to cover the counter in his department. He also thanked the community for its
patience over the past year. Mrs. Krieger said the Board owes thanks to both Mr.
Nugent and his staff for their work.
Executive Session
Upon motion duly made and seconded, it was voted by roll call Mr. Cohen, Mr. Kelley,
Mr. Pagett, Mr. Manz and Mrs. Krieger to go into executive session for the purpose of
litigation and personnel negotiations with no intent to return to open session.
Upon motion duly made and seconded it was voted to adjourn at 9:00 p.m.
A true record; Attest:
Lori Manning, Clerk
Selectmen's Meeting
March 14, 2005
A regular meeting of the Board of Selectmen was held Monday, March 14, 2005, at 7:00 p.m. in
the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr.
Manz, Ms. Vine, Acting Town Manager and Ms. Manning, Clerk were present.
Executive Session
Upon motion duly made and seconded, it was voted by roll call Mr. Cohen, Mr. Kelley, Mr.
Pagett, Mr. Manz and Mrs. Krieger to go into executive session for the purpose of contract
negotiations with the intent to return to open session.
Upon motion duly made and seconded, it was voted by roll call Mr. Cohen, Mr. Kelley, Mr.
Pagett, Mr. Manz and Mrs. Krieger to return to open session at 7:35 p.m.
Selectmen Concerns and Liaison Reports
Mrs. Krieger told the Board that there is a possibility that the Division of Conservation and
Recreation could acquire Parcel One of the former Middlesex Hospital property. If it were to
acquire Parcel One, it would do it under the condition that the surrounding towns provide
maintenance support for the parcel. The land would remain open space but the Town will have
to make a commitment to help maintain it. Mrs. Krieger said she has had several conversations
with various citizen groups and has discovered, should the community have the good fortune of
having the Division of Conservation and Recreation acquire Parcel One, volunteer efforts to
participate in maintaining the property would be provided by the Lexington Citizens for
Conservation and the Conservation Steward.
Mrs. Krieger would like the Board to authorize her to send a letter in support of the Division of
Conservations effort to purchase this parcel to Stephen Pritchard, Acting Director of the Division
of Conservation and Recreation.
Upon motion duly made and seconded, it was voted to authorize the Chairman to send a letter of
support to the Division of Conservation and Recreation regarding acquisition of Parcel One of
the former Middlesex Hospital property.
Selectmen's Meeting — March 14, 2005
Commitments and Adjustment of Water and Sewer Charges for Consent Agenda
Upon motion duly made and seconded, it was voted to approve the following
Commitments /Adjustments:
Commitment of Water /Sewer Charges from 7/1/04 to 7/31/04 (Cycle 9)
$202,590.44
Commitment of Water /Sewer charges from 7/1/04 to 7/31/04 (Finals)
$11,170.49
Commitment of Water /Sewer Charges from 8/1/04 to 8/31/04 (Cycle 9)
$192,432.49
Commitment of Water /Sewer Charges from 8/1/04 to 8/31/04 (Finals)
$31,528.72
Commitment of Water /Sewer Charges from 9/1/04 to9/30/04 (Cycle 9)
$198,283.56
Commitment of Water /Sewer Charges from 9/1/04 to 9/31/04 (Finals)
$75,161.67
Commitment of Water /Sewer Charges from 10/1/04 to 10/31/04 (Cycle 9)
$195,778.11
Commitment of Water /Sewer Charges from 10/1/04 to 10/31/04 (Finals)
$11,877.73
Commitment of Water /Sewer Charges from 11/1/04 to 11/30/04 (Cycle 9)
$167,379.78
Commitment of Water /Sewer Charges from 11/1/04 to 11/30/04 (Finals)
$12,229.87
Commitment of Water /Sewer Charges from 12/1/04 to 12/31/04 (Cycle 9)
$161,190.46
Commitment of Water /Sewer Charges from 12/1/04 to 12/31/04 (Finals)
$163.231.09
Commitment of Water /Sewer Charges from 12/10/04 to 1/13/05 (Sect.I Bills)
$ 2,079,987.06
Adjustments of Water /Sewer Charges for the period 8/1/04 to 8/31/04
-$4,851.19
Adjustments of Water /Sewer Charges for the period 9/1/04 to 9/30/04
- $58,260.69
Adjustments of Water /Sewer Charges for the period 10/1/04 to 10/31/04
- $62,914.05
Consent Agenda
One -Day Liquor License — Waldorf School
Upon motion duly made and seconded, it was voted to approve the request of the Waldorf
School for a one -day liquor license for Friday, March 18, 2005 from 8:00 p.m. to 10:30 p.m. for
the Robert Mendenhall Memorial Concert.
Appointment — Lexington Council for the Arts
Upon motion duly made and seconded, it was voted to appoint Barbara Ciampa to the Lexington
Council for the Arts, for a three -year term to expire September 30, 2007.
No Place For Hate
Jill Smilow, Chairman, No Place for Hate, gave a brief description of the program and its history.
Mrs. Krieger read the No Place for Hate Proclamation.
Ms. Smilow is asking the Board to reaffirm its commitment to No Place for Hate.
Upon motion duly made and seconded, it was voted to reaffirm the Board's commitment to No
Place for Hate.
Selectmen's Meeting — March 14, 2005
Article Presentations
Article 14 — Municipal Lighting Plant
Paul Chernick gave the presentation on Article 14. Article 14 would allow Town Meeting to: a)
endorse the pending state legislation to facilitate the formation of municipally -owned electric
distribution utilities; and b) authorize the filing of a home rule petition to allow Lexington to
proceed with formation of a municipal utility, if the statewide legislation fails to pass. In either
case, a future Town Meeting vote would be required before any substantial funds were expended
to advance the acquisition of NStar's distribution equipment in Lexington and create a municipal
utility. The municipal utility would only distribute power within the Town and purchase energy
for customers who did not select another supplier; it would not be involved the generation of
electricity.
Mr. Pagett asked if Town Meeting votes to pass Article 14 and the state legislature adopts the bill
or home rule petition what would the next step be?
Mr. Chernick said the next step would be to decide if the Town should move forward with a
feasibility study. This decision would be made at next year's Town Meeting unless private
financing is acquired prior to that time.
A majority of the Board of Selectmen support this Article.
Article 15 — Property Tax Exemptions
Vicki Blier, Chair of the Tax Deferral and Exemption Study Committee, gave the presentation.
Article 15 seeks to take advantage of current and proposed changes to state law that would
provide further real estate tax relief to residents with limited income.
Ms. Blier reviewed last year's income and asset qualifications, which were $20k single, $30k
married, minus a state -set Minimum Social Security of $1,700 to $5,300. The exemption
amount was raised by $750. The Town had 44 applications as of today the deadline for
submitting applications is July 1.
This year the committee is recommending that a state set Cost Of Living Adjustment (COLA)
be added, to the income and asset limits. Ms. Blier said that recent COLA history is 3.6 to 4.9%
($1000 to $1500 @ 4.9 %). The committee feels the preferred vehicle for helping seniors pay
taxes is deferral. Seniors have seen significant increases in their property value since they
purchased their homes.
The committee is proposing that the Selectmen ask Town Meeting for a Home Rule Petition that
will make the tax deferral program limits fairer. The committee is suggesting the Home Rule
Petition be modeled after the 2002 Wellesley petition.
Upon motion duly made and seconded, it was voted to adopt the recommendations of the Tax
Deferral and Exemption Study Committee.
Selectmen's Meeting — March 14, 2005
Mrs. Krieger said that when the Board discussed the setting of the tax rate the question of
residential exemptions was raised and the Board thought it would be worthwhile to pursue a
study of that to determine the impact of adopting a residential exemption as well as determining
what the public benefits would be. Mrs. Krieger said the Board would like to charge the Tax
Deferral and Exemption Study Committee with doing that analysis. The committee would be
asked to report back to the Board of Selectmen with a recommendation of whether or not the
proposal for a residential exemption should be adopted.
Article 19 - Conservation Land Transfers
The Conservation Commission is asking that the land described below be transferred for the
protection of valuable wetland resources and open space:
North Street land — Map 68 — Parcel 45 — 2.8 acres and
North Street land — Map 69 — Parcel 99 — 21.5 acres
Mr. Derby addressed the Board regarding LexHAB's position on transferring this land into
conservation. Mr. Derby began by asking why there was a rush to put this land into
conservation. LexHAB feels the proper planning approach should be to evaluate alternatives
before eliminating the possibility of development.
After receiving Town Meeting approval for the rezoning of Rangeway, LexHAB met with the
Recreation Committee to discuss the concept of developing the front lot of the North Street land,
which is under the Town's control, with the back lot which is under the control of the recreation
committee. After the Recreation Committee expressed an interest in exploring improvements of
the area LexHAB hired a land planner to look at the total site and come up with a
recommendation. This cost LexHAB approximately $8500. In the fall of 2004 LexHAB
presented the recommendations of the land planner to the Recreation Committee. It included a
housing development that would compliment the recreational use of the land.
LexHAB goal was to come to the 2006 Town Meeting with a rezoning plan. The committee
decided it would like to consider these lots be developed as housing units for an over 55
population at a somewhat higher income level than LexHAB currently serves.
Mr. Derby is asking the Board to vote against placing these lots into conservation land at this
time.
Mr. Kelley asked what LexHAB believes the time line will be for determining whether this land
fits with its plan for a senior community.
Mr. Derby would hope to present at the 2007 Town Meeting. LexHAB would have made its
decision within 12 months but probably wouldn't be ready to present until the 2007 Town
Meeting.
Selectmen's Meeting — March 14, 2005
Mr. Cohen said he had received a call from a representative of the Council on Aging (COA)
saying they were interested in the North Street site for a Senior Center.
Don Chisolm, Council on Aging, said the Senior Center Siting Committee Report of 2001
recommended the COA first give consideration to already developed town or privately owned
land. The COA investigated these sites and found there was nothing available to suit its needs.
The next recommendation of the report was to consider sites that were considered to be open
space. The Lowell Street site appears to be the most favorable. However, the COA has not
followed up with any plans to develop a Senior Center on this site. Mr. Chisholm reiterated what
Mr. Derby said earlier in the meeting, there is no reason to rush to judgment, there are potential
uses for this property that should be investigated before the land is transferred to conservation.
Mrs. Krieger asked if any of the North Street residents in the audience would like the opportunity
to speak.
Glenn Kesner, 127 North Street, stated that during the past four years several organizations have
expressed an interest in using this vital wildlife corridor without considering the implications to
the environment. Mr. Kesner feels that not voting to make these parcels conservation land is the
same as voting for development at a future time.
A majority of the Board will support transferring both parcels of land into conservation property.
Mr. Pagett does not believe the Board should rush to transfer this into conservation land. He
feels that opportunities for a new Senior Center are being systematically taken away. He
believes this land should be kept as it is until a decision on whether or not it can be used as a
Senior Center is made.
Community Preservation Act Articles
Mr. Pagett began the discussion by saying the Board had a number of questions at the conclusion
of the last discussion it had regarding this Act, many of those have since been answered by Mr.
Bicknell. Some of the more important questions asked related to how median income was
computed and what average income meant and how it was derived. Mr. Pagett noted that a
majority of the Board, at the time of the last discussion, was in favor of presenting the CPA to
the voters with a 3% surcharge and including the $100,000 exemption on residential properties.
The Board did not reach a conclusion on the question of exempting commercial and industrial
properties from the 3% surcharge. The Board had also discussed a low /moderate income
exemption.
Mr. Bicknell, sponsor of the article, updated the Board on how many residents would qualify for
the low /moderate income exemption. There are 1515 households below age 60 (13.6 %) would
qualify for the low /moderate income exemption. There are 2571 (23.1 %) that would qualify for
at 100% exemption.
Selectmen's Meeting — March 14, 2005
Mr. Bicknell said that a majority of the communities that have adopted the CPA included the
low /moderate income exemption and he encourages the Board to do the same.
The Board agrees that the Community Preservation Act should be put to the voters with a 3%
surcharge, $100,000 exemption on residential property and a low /moderate income exemption.
Next the Board discussed the commercial exemption. Of the 75 communities that have adopted
this act only 3 choose to include the commercial exemption.
A majority of the Board does not support the commercial exemption.
Article Positions
Buffet
Ms. Vine reported that at the last Budget Collaboration Meeting $91,000, which represented the
gap in the 2006 budget was assumed by the School Committee with the understanding that when
additional revenues became available there would be further discussions.
Ms. Vine said there are still three areas open for discussion: a $31,000 gap in Vocational School
funds, the gap in the snow and ice budget (staff is currently looking into that and will be bringing
recommendations to the Board), and a $15,000 outstanding request from the Tree Committee.
Ms. Vine said Michael Young, Budget Officer, is here tonight to answer the Boards questions
regarding the operating budget and motions. The Board needs to be prepared for the next budget
meeting to come up with some recommendations on how to move forward. There are funds
from new growth to apply to these deficits if the Board chooses to do so.
Mrs. Krieger asked Mr. Young for some clarification on what the magnitude of the new growth
is and whether or not the Board ought to go forward and recommend these funds be applied to
the gaps in the budget.
Mr. Young began by saying that the 2005 budget was built on using a growth number of $1
million. During this year's budget process that number became 1.4 million. This increases the
base from where the FY 06 budget started. The Department of Revenue has not yet certified that
number; Mr. Young anticipates that certification will take place in the next few days.
The net increase in growth of $292,000 can be used to cover the deficits Ms. Vine described
earlier.
Mrs. Krieger said seeing that it is more than likely this new growth will be realized she is
prepared for the Board to recommend to the Budget Collaboration Group that $91,000 be
expended to compensate the School Committee and $31,300 be applied toward the Minute Man
Tech Assessment.
Selectmen's Meeting — March 14, 2005
Mrs. Krieger said the Board now needs to discuss whether or not they want to apply $15,000 of
the new growth funds to the purchase of trees. A citizen's article advanced by the Tree
Committee requests $15,000 to be used to purchase approximately 30 trees. The town is losing
trees in public spaces at a rate twice of what it can afford to replace them. Mrs. Krieger said that
at the time the Tree Committee came before the Board she was the only member of the Board
that supported this request. Other members said that they would support the article if money
became available. Mrs. Krieger asked if the Board is now willing to support this request.
Mr. Pagett stated that the DPW Budget, presented by the Acting Town Manager and DPW
Director, included a $5,000 increase in the forestry line item to purchase trees. The Board
approved that request. Subsequently the Tree Committee came forward with an additional
request of $15,000 for the purchase of trees. This request was not part of the budget review and
approval process and hasn't been measured against any alternative requests for funding reviewed
during the budget process.
Mr. Pagett said he has reviewed the list of needs based requests and found 18 items in the
$15,000 range. Mr. Pagett listed the eighteen items and stated there are several items on that list
he would rank higher than replacing trees. Mr. Pagett said he worries about encouraging special
articles to appropriate money that are submitted outside the normal budget review process.
Mr. Kelley suggested that increasing the stabilization fund should also be considered a priority
over the Tree Committee's request.
Upon motion duly made and seconded, it was voted that with the assumption these funds from
new growth become available, $91,000 will fund the School Department discrepancy, $31,300
will fund the Minuteman Tech assessment and the remaining funds will be applied to the
Stabilization Fund.
Article Positions
The Board reviewed the Articles on which it still needs to take a position and had a brief
discussion regarding the Lincoln Park article.
Article Assignments for Town Meeting
Mrs. Krieger asked members of the Board to review their article assignments for Town Meeting.
If they have been assigned an article they will not be comfortable presenting they can be
changed.
Liaison Assignments
Mrs. Krieger asked the Board to review the proposed list of liaison assignments.
Selectmen's Meeting — March 14, 2005
Executive Session
Upon motion duly made and seconded, it was voted by roll call Mr. Cohen, Mr. Kelley, Mr.
Pagett, Mr. Manz and Mrs. Krieger to go into executive session for the purpose of contract
negotiation and litigation with no intent to return to open session.
A true record, Attest:
Lori Manning
Clerk
Budget Collaboration Meeting
March 17, 2005
A Budget Collaboration Meeting was held Thursday, March 17, 2004, at 6:30 p.m. in the Clarke
Middle School Auditorium. The Board of Selectmen (BOS), School Committee (SC),
Appropriation Committee (AC) and Capital Expenditures Committee (CEC) were present.
Mrs. Krieger called the meeting of the Board of Selectmen to order.
Mr. Griffith called the meeting of the School Committee to order.
Mr. Levine called the meeting of the Appropriation Committee to order.
Mr. Burnell called the meeting of the Capital Expenditures Committee to order.
Mrs. Krieger explained the reason for tonight's meeting is to decide where to appropriate new
growth revenue, not already included in the budget. At a previous Budget Collaborative Meeting,
the group agreed to balance the FY06 Budget by making a cut of approximately $91,000 to the
SC Budget with a commitment to the SC that if any further revenue was recognized the $91,000
would be returned to the budget.
Ms. Vine reported that members of the Board of Selectmen agree that $290,000 of new growth
revenue should be appropriated as follows; $91,000 for SC Budget; $31,338 to pay Minute Man
Technical School Assessment Fees, and $176,522 to the Stabilization Fund.
Mr. Levine stated the Appropriation Committee agrees with the School appropriation and the
Minute Man Tech payment, but thinks it makes sense to appropriate the $176,522 to the
Snow /Ice Removal Budget, instead of the Stabilization Fund.
Mr. Cohen reminded the Board that every year the appropriation made toward the Snow /Ice
Removal Fund must be at least as much as the prior year.
Mr. Kelley restated his position of the need to demonstrate the Board's commitment to increase
the Stabilization Fund.
Mr. Pagett also believes the Town needs to show good faith effort to build the Stabilization Fund
and suggested increasing the Snow /Ice Removal Fund to $600,000, and increasing the
Stabilization Fund with the remainder.
Mr. Burnell, Capital Expenditures Committee, reminded the group that in the past the
Appropriation Committee had $300,000 in the Reserve Fund, that the fund has been reduced to
$150,000. He suggests the Boards consider increasing the reserve fund instead of the Snow /Ice
Removal or Stabilization Funds.
Budget Collaboration — March 17, 2005
Upon motion duly made and seconded, it was voted to appropriate $91,663 to the SC Budget,
$31,338 to pay Minute Man Technical School Assessment Fees, $72,875 to the Snow /Ice
Removal Fund and $103,347 to the Stabilization Fund.
Upon motion duly made and seconded, the School Committee voted to approve the $69,567,568
budget for FY06.
Mr. Levine speaking on behalf of the AC asked the Board to consider increasing the
appropriation for the Water /Sewer Analyst Position being proposed by the Water /Sewer
Committee.
Ms. Vine reported $40,000 has been appropriated for this position. She and her staff feel this
plus access to funds included in the Wage Adjustment Line was sufficient to fund the position.
Mr. Pagett highly endorses the AC suggestion and recommends funding the position with enough
to get the caliber person needed to fill the position.
Mrs. Krieger stated she is not opposed to the $50,000 figure being suggested by the AC.
Upon motion duly made and seconded, it was voted to increase the appropriate line item by
$10,000 so there are sufficient funds to cover the Water /Sewer Analyst position.
Upon motion duly made and seconded, it was voted 4 -1 (Kelley) to approve the FY -06 budget as
amended this evening.
The group discussed the need for another Budget Collaboration Meeting to discuss the Capital
Budget. It was decided a meeting will be held on either Tuesday, March22" d or Wednesday,
March 23 This discussion concluded the meeting of the Budget Collaboration Meeting.
The Appropriation Committee will remain in session.
Upon motion duly made and seconded, it was voted to adjourn at 7:15.
Upon motion duly made and seconded, the Lexington School Committee voted to adjourn.
Upon motion duly made and seconded, the Capital Expenditures Committee voted to adjourn.
A true record, Attest:
Lori Manning
Clerk
Selectmen's Meeting
March 21, 2005
A regular meeting of the Board of Selectmen was held Monday, March 21, 2005, at 7:30 p.m. in
the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen and Mr.
Manz; Ms. Vine, Acting Town Manager; Mr. Lahey, Town Counsel and Ms. Manning, Clerk
were present.
Selectmen Concerns and Liaisons
Audit
Mr. Pagett said the Acting Town Manager's weekly update indicated that the audit had just been
completed. Mr. Pagett restated his request that the Board of Selectmen and the Auditors
schedule a working session to go over the audit documents in detail, primarily to help the Board
get a better understanding of the audit and its findings.
Ms. Vine responded by saying the auditors will be attending a Selectmen's meeting within the
next three to four weeks.
Hanscom - BRAC
Mrs. Krieger announced that there is a Pre -BRAC Planning Meeting scheduled for Thursday,
March 24, 2005 at Bemis Hall in Lincoln at 7:00 p.m.
Mrs. Krieger encouraged members of the community as well as her colleagues on the Board to
attend the meeting.
David Knisley, consultant, will lead an information session centered on base closure procedures
and its impact. Next there will be a break out workshop session and an interactive session
summarizing the workshop findings.
Mrs. Krieger also said that between now and the end of May there will be a series of meetings in
order to do contingency planning in the event that the base closes.
Mrs. Krieger reminded the Board and the audience that it is critical that members of the
community as well as elected official attend these meetings.
Town Manager Report
Ms. Vine informed the Board that they would be receiving the Town Meeting information Books
at the end of this week. She asked the Board to review before the next Selectmen's Meeting.
Selectmen's Meeting — March 21, 2005
Consent Agenda
Use of Battle Green — Lexington Minute Men
Upon motion duly made and seconded, it was voted to approve the request of the Lexington
Minute Men to use the Battle Green on Saturday, April 2, 2005, from 1:00 p.m. to 3:00 p.m. for
Patriot's Day dress rehearsal. If the condition of the Battle Green is not suitable for use on that
day, the alternate date is Sunday, April 10, from 2:00 p.m. to 4:00 p.m.
Appointments
Upon motion duly made and seconded, it was voted, at the request of Town Celebrations
Committee, to appoint James Shaw and John Rossi to the Town Celebrations Subcommittee for a
one -year term to expire June 30, 2006.
The Board has received three nominations from the Democratic Town Committee for one
appointment to the Board of Registrars. Mrs. Krieger recommends the Board appoint Gerald L
Abegg.
Upon motion duly made and seconded, it was voted to appoint Gerald L. Abegg to the Board of
Registrars.
Upon motion duly made and seconded, it was voted to appoint Bill Kennedy to the Health
Benefits Review Committee.
Upon motion duly made and seconded, it was voted to appoint Dawn McKenna to the Tourism
Committee for a term to expire September 30, 2005.
Upon motion duly made and seconded, it was voted to increase the membership of the Policy
Manual Committee from five to six.
Permanent Building Committee Update
Phil Poinelli, Chair of the Permanent Building Committee (PBC), gave an overview of the
committee's membership and responsibilities.
The committee has just completed the designer selection process for the School Administration
Building and is in the process of awarding a $25,000 contract to Handlin, Garrahan, Zachos &
Associates. The charge includes developing a conceptual design for the School Administration
Building and the site using the original historic house; perform a structural analysis of the
original building; and develop an estimate of probable costs. The PBC expects to receive a draft
report by the 1s week of May. This will enable the committee to report during one of the last
sessions of Town Meeting.
Selectmen's Meeting — March 21, 2005
Mr. Pagett asked what the next step would be. Mr. Poinelli responded by saying the PBC will
discuss the results of the report with the School Committee and identify the cost of design. The
result of this discussion may be a request to Town Meeting for design funds.
Mr. Poinelli reviewed the plans and timeline for the Fiske School project. The intent is to have
the students at Fiske finish out the school year. Demolition will start during the late summer and
will be followed by eighteen- months of construction. The PBC anticipates occupancy of the new
Fiske facility will be September 2007.
Before beginning the discussion regarding the Fiske School budget, Mr. Poinelli reviewed new
legislation regarding bid laws. He explained that last July the legislature put together a new
public bid law that the PBC feels is more cumbersome than helpful and has added time and
expense to the process.
Mr. Poinelli explained that the construction industry is facing unprecedented inflation. The
original appropriation for the Harrington and Fiske schools was $32,150,000. The anticipated
project cost for the Harrington School is $14,325,000, $1,750,000 under budget. The base
estimate for the Fiske School, not including bid alternates is $18,521,264, $696,264 more than
the estimate. The Fiske estimate with bid alternates is $19,281,264, $1,456,264 more than
estimated.
The PBA anticipates a $1.5 million dollar deficit in funds for the Fiske project. Tonight they are
requesting a special town meeting for purposes of appropriating money for the completion of this
project.
Mr. Cohen said a Special Town Meeting will not be necessary, Article 29, Supplementary
Appropriation for Authorized Capital Improvement Projects will cover the request for additional
funds for this project.
Board of Health Fee Schedule
Ms. Vine introduced Wendy Bernays, Chairman of the Board of Health. Ms. Bernays introduced
members of the Board of Health who were present at the meeting.
Next Ms. Bernays presented the Board of Health's new established Grease Trap Regulations and
updated Fee Schedule.
2020 Vision Committee Presentation
Marian Cohen, Chair of the 2020 Constructive Community Discourse Task Force, reported that
the 2020 Vision Committee has completed the process of addressing three topics that emerged as
the committee focused and prioritized goals of the 2020 visioning effort. In the fall of 2003 the
committee co- sponsored, with the Town Meeting Members Association, a series of community
meetings, one in each precinct, to invite feedback on the established goals. The information
Selectmen's Meeting — March 21, 2005
collected at these community meetings helped the committee augment and narrow the original
set of 27 long -term goals. The three elected Boards met jointly and identified five of the priority
goals that seemed appropriate for follow up through the 2020 vision process.
The Committees chose three topics: Budget Process and Communication, Constructive
Community Discourse and Fostering Economic Development and established Task Forces to do
the creative work of analyzing these issues and recommending actions.
The Economic Development Task Force identified some key issues relating to the lack of town
policies for recruitment of commercial businesses and corporate offices, but did not agree to
propose any concrete actions at this time. The other two Task Forces have completed final
reports.
Ms. Cohen said the 2020 Vision Committee is asking the Selectmen to assist in the process of
implementing the recommendations included in the reports. They are asking the Board for its
recommendations of how and when to facilitate meetings to address the recommendations of the
reports.
Members of the Board thanked the 2020 Vision Committee for the work they have done and
suggested that further discussions take place after Town Meeting.
Presentation of MWRA Water Tower Fee Check
Representative Kaufman, along with Mike Ralph, Director of Public Affairs, and Fred Laskey,
Executive Director from MWRA, presented a check in the amount of $50,000 to the Town for
water tower fees.
Article Positions
The Board reviewed a revised list of articles for the 2005 Town Meeting, which includes
positions of individual Board members as well as the School, Appropriation and Capital
Expenditures Committees.
Article Presentations
The Board reviewed a list of who will be presenting which Articles at Town Meeting. It was
decided that Mr. Cohen will present Article 11.
Town Counsel Reappointment
Upon motion duly made and seconded, it was voted 4 -1 (Kelley) to reappoint William Lahey,
Palmer & Dodge as Town Counsel for a one -year term.
Selectmen's Meeting — March 21, 2005
Garage /Yard Sale Policy
The Board discussed the revised policy for Garage and Yard Sales. Mr. Pagett suggested that the
Bylaws referenced in paragraph one of the policy be cited. The Board agreed, Mr. Cohen will
ask the Policy Manual Committee to make this change and then submit for the Board's approval.
Minutes
Upon motion duly made and seconded. It was voted to approve the minutes of November 13,
2004, November 22, 2004 and January 26, 2005 with suggested corrections.
Executive Session
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
September 13, 2004, October 20, 2004 and January 18, 2005.
Upon motion duly made and seconded, it was voted by roll call Mr. Cohen, Mr. Kelley, Mr.
Pagett, Mr. Manz and Mrs. Krieger to enter into executive session for the purpose of land
purchase and contract negotiations with no intent to return to public session.
A true record, Attest:
Lori Manning
Clerk
Selectmen's Meeting
March 28, 2005
A regular meeting of the Board of Selectmen was held Monday, March 28, 2005 at 6:30 p.m. in
the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr.
Manz; Ms. Vine, Acting Town Manager; Mr. Lahey, Town Counsel and Ms. Manning, Clerk
were present.
Town Manager Report
Ms. Vine took a minute to review the Articles that scheduled to be discussed at tonight's Town
Meeting. She also asked if the Board had any questions regarding the books her office had
prepared for the Town Meeting.
Consent Agenda
Upon motion duly made and seconded, it was voted to approve the Acting Town Manager's
request to reappoint David Kelland and to appoint Frank A. Kern to the Historic Commission.
Upon motion duly made and seconded, it was voted to approve the Acting Town Manager's
approval of a sidewalk cafe permit for Bertucci's Restaurant.
Upon motion duly made and seconded, it was voted to approve the request of the Lions Club to
have the July 4 th carnival June 30 through July 4, with the lights remaining on until 11:30 p.m.
June 30 through July 3 rd and until 12:00 midnight on July 4.
Upon motion duly made and seconded, it was voted to reappoint Luanna Devenis as the
republican appointment to the Board of Registrars for a three -year term to expire March 31, 2008
Communications Advisory Committee Regarding Verizon
Steve Ellis representing the Communications Advisory Committee at the meeting to brief the
Board on Verizon's request for a cable license in Lexington. For simplicity reasons the easiest
way to begin that process is for the Board to simply decide to start the licensing process. If
Verizon begins the process by submitting an unsolicited proposal extra public hearings and
additional paperwork on the part of the CAC would be required. If the Selectmen decide to
entertain proposals and sends a letter to the Department of Telecommunications and Energy
announcing that fact, the Town can go ahead with the licensing process and eliminate those
steps.
Verizon has also requested that the Town request two waivers from the DTE to speed up the
licensing process. The first waiver request is that the required sixty -day period for advertising be
eliminated, they also request that the requirement to advertise in a national publication be
eliminated.
Selectmen's Meeting — March 28, 2005
Upon motion duly made and seconded, it was voted to begin the licensing process with Verizon
and to adopt the two requested waivers, to eliminate the sixty -day advertising period as well as
the requirement to advertise in a national publication.
Mr. Kelley asked if Verizon would provide service to 100% of the community? Mr. Ellis said
that Verizon intends to service 100% of the community. As of a few weeks ago Verizon was
approximately 85% complete with its aerial work as soon as the snow melts they will begin the
fiber underground work.
Mr. Kelley asked if there was any likelihood that Verizon would entertain the idea of sharing its
underground conduits with RCN. Mr. Ellis said the Town could ask Verizon for anything
whether or not they will discuss such a thing in not known to him.
Transportation Advisory Committee
Ms. Arnold, representing the TAC, was at the meeting to request the Board authorize the TAC
use $23,000 from the transportation services special account to ensure the continuity of the
Lexpress six route (three bus) system in FY06.
Ms. Arnold informed the Board that during the Fall 2004 budget discussions, level service
funding was included in the budget. Unfortunately, this did not include enough money for the
third bus during the summer of 2005. The TAC does not believe this was the intent of the
override vote but believes it was an oversight in the fall budget deliberations. Ms. Arnold also
said that shifting between four and six routes results in a disruption that hurts both the riders and
the system. Fortunately there are funds available in the transportation special account to cover
the additional $23,000 request.
The TAC is asking for the Boards support.
Mr. Kelley asked what the transportation special account represents where it gets its money,
what the balance is and what the $23,000 will represent.
Ms. Arnold believes the account was started when the TAC began accepting contributions for
Lexpress. There were contributions from residents as well as from Transportation Demand fund
Management contributions.
Mr. Pagett asked about the balance in the special account. Michael Young, Budget Officer,
responded that the current balance in the account is $25,321.96.
Mr. Pagett asked in what account are the total TDM funds and how are they allocated. Mr.
Young will get this information for the Board.
Ms. Vine told the Board she has requested the staff develop an inventory of all TDM money. In
addition to the inventory she has asked the staff to look into a process for this.
Selectmen's Meeting — March 28, 2005
Mr. Young reviewed the current funding structure for Lexpress for FY 06. $306,000 from the
tax levy; $60,000 calculated from fares; $18,000 from Transportation Demand Management and
$80,000 from the MBTA Grant.
Mr. Pagett asked if any monies from the Patriot Partner Project were allocated to the
Transportation Special Account. Mr. Young responded only if some of the Patriots Partner
money was included within the $18,000 from TDM, he will verify this for the Board.
Upon motion duly made and seconded, it was voted to authorize the Transportation Advisory
Committee to use $23,000 from the Transportation Special Account to ensure the continuity of
Lexpress three bus route system in FY06.
Sign Battle Green Inn Covenant Regarding Mitigation Issues
Mrs. Krieger stated that the Board had only received this document minutes before the start of
the meeting and is looking for some explanation of its contents.
Mr. Lahey told the Board that the issues addressed in this document were originally supposed to
be included in the Zoning Relief. It was decided late last week to become a mitigation
agreement that would be a binding agreement between the Town and the developer. The
agreement needs to be executed before the Zoning Relief is granted.
Mr. Lahey explained that is why the document was put together in such a rush and submitted to
the Board at the last minute. He also stated that the agreement is contingent upon the granting
of Zoning Relief by Town Meeting. Mrs. Krieger explained that she doesn't feel she or other
members of the Board have had the opportunity to read the document in detail. She believes it
contains the items that have been described to the Selectmen by the Planning Board.
Mr. Lahey said that Ms. McCall - Taylor, Planning Director, has been involved in the process of
preparing this document. All of the mitigation issues that were provided under the Zoning Relief
have been included in this document.
Mr. Pagett expressed concern regarding Article 2, Reports of Town Boards, Officers,
Committees of the agreement which concerns a Trust for Lexington Center Improvements. He
feels the Town must be better represented on that Trust.
Mr. Manz asked what problems could arise if the Board decided not to sign the agreement
tonight.
Mr. Lahey said if Town Meeting goes forward and grants the Zoning Relief the Town will not
have a binding written agreement with the developer to perform the various mitigations.
Mrs. Krieger commented that there is also a permitting process through the Board of Appeals.
The Board of Appeals could consider the mitigation issues during that part of the process.
Selectmen's Meeting — March 28, 2005
Mr. Lahey is not sure the Town could require all of the mitigation issues that are spelled out in
this contract.
Mr. Kelley said as he understood it the preliminary site plan which has already been filed with
the Town outlined all of the commitments made by the proponent.
Mr. Lahey responded that what was filed did not adequately address all of the mitigation
commitments.
Mrs. Krieger asked if the Selectmen could amend the document to place another town
representative on the Trust.
Mr. Cohen stated that as he understands it all of the conditions and mitigations outlined by the
covenant were part of the preliminary plan that has been filed. The covenant gives added
security that these issues will be addressed by the developer. Mr. Cohen doesn't see a reason the
Board should not sign this covenant.
Mr. Lahey said the Ryan Pace from Palmer and Dodge has been working with the Planning
Department and the developer negotiating this agreement, he would like an opportunity to speak
with Mr. Pace before giving the Board a definitive answer to it's questions.
Mrs. Krieger suggested Mr. Lahey have that discussion while the Board proceeds with the next
item on the agenda.
Water /Sewer Presentation
Jay Gonzalez, from Palmer and Dodge, gave the presentation. Mr. Gonzalez began by stating the
Town's Water and Sewer Rate Committee asked Palmer and Dodge to advise the Town as to the
legality of charging certain payments in lieu of taxes (PILOTS) to the Town's water and sewer
Enterprise Funds and collecting such charges through water and sewer user fee.
Mr. Gonzalez said that through his research he has determined that there is no case law which
directly addresses the legality of the Town's charging PILOTS to the Enterprise Funds and
collecting such charges through water and sewer user fees. Palmer and Dodge believe that a
court could conclude that the Town has implicit statutory authority to charge water and sewer
PILOTS to the Enterprise Fund and therefore that the PILOTS constitute legitimate cost of the
Town's water and sewer systems which may be recovered from users of the systems. There are
however facts that could lead a court to reach the opposite conclusion. One way in which the
Town might mitigate (but not eliminate) the risk that a court would not uphold the PILOTS
would be to calculate the PILOT amount in the manner prescribed by the DOR (i.e. based on the
amount of property taxes the water and sewer systems would pay if privately owned and subject
to taxation). The only way to be certain a court would uphold the amounts charged by the Town
as PILOTS would be if such amounts were tied to actual indirect costs of the water and sewer
system.
Selectmen's Meeting — March 28, 2005
The Board discussed Mr. Gonzalez's presentation and decided there are still several questions of
substance that need to be answered.
Mr. Bartenstein asked the Board not to make any decision until the Water Sewer Rate Committee
reviews the report prepared by Mr. Gonzalez and comes before the Board with a
recommendation.
Community Preservation Act
The Board had asked legal counsel to research the limitations of the use of CPA funds for
restoration of a historic building. Mr. Gonzales informed the Board that CPA funds can be used
for the rehabilitation and restoration of historic properties owned by the Town.
Sign Battle Green Inn Covenant Regarding Mitigation Issues (Continued)
Mr. Lahey reported that the Board has two options to consider this evening concerning whether
or not it will sign the document.
The Board can either add the requirement that a member of the Board of Selectmen sit on the
Board of the Trust, sign the document and present it to the developer prior to the vote of Town
Meeting, or the Board can decide not to sign the document and ask Town Meeting to entertain
the idea of requiring negotiations relating to mitigation issues taking place prior to the issuance
of the Special Permit.
Upon motion duly made and seconded, it was voted for Town Meeting to go forward with
Article 4, Zoning By -Law, Amend CB to CD, Battle Green Inn, 1720 Mass. Avenue, if the vote
is affirmative, a member of the Board of Selectmen will submit a motion for reconsideration, this
will give the Board the opportunity to address it's concerns regarding Article 4.
Article Position - Article 11. Amendment of Selectmen -Town Manauer Act
Mrs. Krieger suggested and the Board agreed to defer this discussion until its next meeting.
Upon motion duly made and seconded, it was voted to adjourn at 7:20 p.m.
A true record, Attest:
Lori Manning
Clerk
Budget Collaboration Group VI
March 30, 2005
A Budget Collaboration Meeting was held Wednesday, March 30, 2005, in the Selectmen's
Meeting Room. Members of the Board of Selectmen, School Committee, Appropriation
Committee and Capital Expenditures Committee were present.
Mrs. Krieger called the meeting of the Board of Selectmen to order.
Mr. Burnell called the meeting of the Capital Expenditures Committee to order.
Mr. Levine called the meeting of the Appropriation Committee to order.
Mr. Griffiths called the meeting of the School Committee to order.
Mrs. Krieger began the meeting by stating the topics that will be discussed tonight are the
bidding process for the Fiske School and to review the School Capital Requests.
Mr. Griffiths told the group that he and Mr. Burnell, CEC, had visited the Estabrook School to
survey the roof problem. There is a lot of leaking.
Mr. Griffiths began a review of the items included in Article 30, School Capital Projects and
Equipment.
Article 30- School Capital Projects and Equipment
Article 30b - Heating & Cooling Controls- Diamond and Clarke Schools.
Dana Ham handed out a preliminary estimate for unit ventilators and occupancy sensor controls
for the Clarke Middle School. The total estimated cost is $445,000. Mr. Griffiths said this
would be funded by debt. The Town will receive a rebate of $222,500 from NStar at the
completion of the project. This Article is supported by the CEC, provided the funds received in
the form of a rebate are used to reduce the debt.
Article 30a - Intercom/Phone Systems - Bridge & Bowman Schools.
This Article requests $125,000 for replacement of outdated, unreliable intercom and phone
systems at the Bridge and Bowman Schools. The School Committee considers this a safety
issue. The CEC supports this Article.
Article 30c - Glass Entrance Ways - Bridge, Bowman, High School.
The building envelope requests $75,000 for the replacement of multiple entranceways to the
Bridge, Bowman and High School. Mr. Griffith requests this article be funded by debt. The
School Committee also considers this Article a safety issue.
Budget Collaboration — March 30, 2005
Article 30d - Exterior Lighting- System Wide.
This article requests $100,000 for exterior lighting. Mr. Hamm stated this is needed in most
elementary schools. The School Committee is requesting this article be funded by debt. This
article is supported by the CEC.
Article 30e - Networked School System Monitoring
The School Committee has decided not to move on this item due to the scarcity of capital funds.
Article 30f - Generator - Diamond School
This article requests $140,000 for the upgrade of the Diamond School's generator, a portable
generator and other related electrical work in other school buildings. The School Committee
requests this article be funded by debt. This request is supported by the CEC.
Article 30g - Equipment to Maintain Buildings- System Wide
This article requests $143,000 for replacement of custodial and maintenance equipment. The
School Committee recommends this article be funded by debt. The CEC only supports $50,000
towards this article.
Article 31 — Maintain and Upgrade School Technology
Mr. Griffiths explained this article is requesting funds, $300,000 for the upgrade of the schools'
technology systems. The CEC supports $250,000 for this article.
Mr. Levine, Appropriation Committee stated that his committee has had discussions about
Articles 30 and 31. The committee has not reached any final conclusions; it was waiting for
further information. Mr. Levine believes the committee now has the information it needs to
conduct further discussion.
The Appropriation Committee requests the School Committee prioritize articles 30a, 30b and
30g and the Estabrook roof project.
Mrs. Krieger stated the Selectmen would like the opportunity to discuss these articles before
stating its position.
Bidding Process for the Fiske School
Mr. Griffith explained the Harrington School construction project was completed $1.7 million
dollars under budget. The School Committee anticipates the Fiske School construction project
will come in $3.2 million dollars over budget. This puts the project $1.5 million dollars over the
Town Meeting appropriation. The School Committee is aware that Town Meeting will have to
approve authorization for any additional funds.
Budget Collaboration — March 30, 2005
Mr. Griffiths further explained that contractor bids should be available May 2, 2005. The School
Committee is asking if the BOS would prefer a Special Town Meeting or should the current
Town Meeting be extended if necessary.
Mrs. Krieger stated that the Selectmen would prefer the request for additional funds are
submitted under Article 29, Supplementary Appropriation for Authorized Capital Improvement
Projects, of the current Town Meeting.
The Boards discussed Department of Revenue requirements for increasing debt exclusion funds.
Upon motion duly made and seconded, it was voted to adjourn at 7:20 pm.
A true record, Attest:
Lori Manning
Clerk