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HomeMy WebLinkAbout2005-04-BOS-minSelectmen's Meeting April 4, 2005 A meeting of the Board of Selectmen was held on Monday, April 4, 2005 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. Selectmen Concerns and Liaisons Mr. Pagett informed the Board that at the Governor's Conference of the Massachusetts Office of Travel and Tourism, Grace Watson, who works in the Visitor's Center was awarded the Hospitality Award for the Greater Merrimack Valley Region. Mr. Pagett commended Ms. Watson for the active role she plays at the Visitors Center. Regular Town Manager Search Ms. Perry began the discussion by giving the Board a summary of the committee's activities. The committee has held seventeen meetings and interviewed twelve candidates. The committee will recommend four of those candidates for further interviews with the Board. Ms. Perry thanked the Board for giving her the opportunity to serve in the capacity as Chair of this committee. Ms. Perry also thanked members of the committee for the work they have done. Ms. Perry introduced Tom Groux, the consultant who worked with committee. Mr. Groux began by commending the committee on its work and told the Board the committee was comprised of a group of individuals dedicated to finding the best candidates for Lexington. Mr. Groux went on to say that the four finalist being recommended by the committee for the Board to interview are: James Malloy, Town Manager of Sturbridge, MA; Keith Bergman, Town Manager of Provincetown, MA; Carl Valente, Town Manager of Weston, MA; and Rocco Loungo, Town Manager of Duxbury, MA. Mr. Groux told the Board each of these candidates is qualified to perform as Town Manager of Lexington. Mr. Groux said all four candidates have agreed to go forward with the public process and each candidate is excited about being named as a finalist. Mrs. Krieger reviewed the process the Board will follow in choosing the Town Manager. The Board will interview all four candidates on Friday, April 8, 2005. From the four semi- finalists two finalists will be chosen. Once the two finalists are identified background checks will be conducted and site visits will be made. Mr. Groux will contact the candidates to schedule Friday's interviews. Selectmen's Meeting — April 4, 2005 Ms. Vine suggested the Friday's interviews be structured as a three tiered process, an interview with the Board, an interview with Ms. Vine and an interview with a group of staff Each candidate will also be given a tour of the community. Consent Agenda Commitments and Adjustments of Water and Sewer Charges for Consent Agenda Upon motion duly made and seconded, it was voted to approve the following water /sewer adjustments and commitments: Commitment of Water /Sewer Charges from 1/1/05 to 1/31/05 (Cycle 9) $145,327.76 Commitment of Water /Sewer Charges from 1/1/05 to 1/31/05 (Finals) $13,199.05 Commitment of Water /Sewer Charges from 2/1/05 to 2/28/05 (Cycle 9) $163,013.03 Commitment of Water /Sewer Charges from 2/1/05 to 2 /028 /05(Finals) $1,455.14 Commitment of Water /Sewer Charges thru 10/31/04 Town -wide bills (Sect. 2) $2,348,300.02 Commitment of Water /Sewer Charges thru 10/31/04 Town -wide bills (Sect. 3) $2,698,909.16 Adjustment of Water /Sewer Charges for the period from 7/1/04 to 7/31/04 - $13,421.04 Arbor Day Dave Pinsonneault has requested the Board sign a proclamation for Arbor Day. Mrs. Krieger read the proclamation. Next she asked if a member of the Board would be available to attend the Arbor Day celebration and read the proclamation. Upon motion duly made and seconded, it was voted to sign the proclamation and proclaim April 29, 2005 as Arbor Day. Tax Deferral and Exemption Studv Committee Upon motion duly made and seconded, it was voted to accept the resignation of Norman Cohen from the Tax Deferral and Exemption Study Committee, effective immediately. Upon motion duly made and seconded, it was voted to appoint (at the request of the committee) Bill Kennedy to the Tax Deferral and Exemption Committee. Reenactment of the Arrival of Paul Revere and William Dawes Upon motion duly made and seconded, it was voted to approve the request of the Historical Society to do the tenth reenactment of the arrival of Paul Revere and William Dawes at the Hancock Clarke House. The reenactment will begin Saturday, April 17, 2005 at 10:30p.m. and will continue into the early hours of Sunday, April 18, 2005. Compost Facility Update Mr. Hadley, DPW Director gave an update on activities involving the Compost Facility activities. The facility is ready for the spring yard waste collections. The collections will begin on April 11, 2004. Selectmen's Meeting — April 4, 2005 Mr. Hadley said he and his staff held meetings with local contractors. The meetings were held to hear the contractors concerns about the facility. The biggest concerns raised were regarding hours of operation and fees. Next Mr. Hadley introduced Robert Beaudoin, Superintendent of Environmental Services. Mr. Beaudoin reviewed the proposed fee structure for the compost facility. Two separate punch cards and rates for different material will be issued to contractors. The fee for Brush will be $8.50 per cubic yard. The fee for yard waste will be $7.00 per cubic yard. Seasonal permits based on the gross weight of the contractor's vehicles will also be offered. Next Mr. Beaudoin reviewed the proposed changes to the hours of operation. Weekday hours will increase by 1 — 1.5 hours a day, and the facility will be open on Saturdays from April to June and October to mid - December. The facility will also be open on Sundays during the spring months. Mr. Hadley and Mr. Beaudoin will bring back a finalized plan for the Boards approval next week. Article Positions Article 10 - Zoning By Law, Accessory Apartments The Board unanimously supports this article. Article 11 — Amend Selectmen -Town Manager Act, Regarding Town Manager Appointments This article, if approved, by Town Meeting would provide for the appointment of an Acting Town Manager, who would automatically become Acting in the event the position of Town Manager becomes vacant and to provide that the appointment or removal of the Town Manager be subject to the advice and consent of Town Meeting. The Board will not be supporting this article. Article 12 — Amend Selectmen -Town Manager Act to Allow Recall of Town Wide Elected Officials This article proposes that Town Meeting petition the general court for an Act to amend the Lexington Selectmen -Town Manager Act to provide for the recall of town -wide elected officials in limited circumstances. The Board does not support this amendment. Selectmen Liaisons/Dissolve Committees Each Board member was given an updated list of their liaison assignments. Selectmen's Meeting — April 4, 2005 Upon motion duly made and seconded, it was voted to dissolve the following committees: 40B Review Committee Building Finance Advisory Committee DPW Facility /Senior Center Re- evaluation Advisory Committee Interim Town Manager Search Committee Noise Committee Public Safety Staffing Review Committee Public Works Facility /Senior Center Advisory Committee Solid Waste Action Committee Minutes Upon motion duly made and seconded, it was voted 3 -0 -2 (Mr. Cohen and Mr. Manz abstained) to approve the minutes of December 6, 2004 and December 13, 2004. Upon motion duly made and seconded, it was voted to approve the minutes of the March 17, 2005 meeting. Upon motion duly made and seconded, it was voted to adjourn at 7:10 p.m. A true record, Attest: Lori Manning Clerk Selectmen's Meeting April 6, 2005 A regular meeting of the Board of Selectmen was held Wednesday, April 6, 2005 at 6:00 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. Ms. Vine announced that Lexington is receiving a Tree City Award this year. Ms. Vine asked Mrs. Krieger to send a representative to the award ceremony. Water /Sewer Report Loren Wood, Chairman of the Water and Sewer Rate Study Committee, was present to give the Board a preview of the presentation he will be making at Town Meeting under Article 2, Reports of Town Boards, Officers, Committees. Mr. Wood began his presentation by reviewing the committee's charge; next he reviewed the number of meetings the committee held and the issues that were investigated by the committee such as rates, PILOTS, and financial management. Mr. Wood discussed some of the recommendations that will be included in the committee's final report. Two key recommendations are: to use a business model to conduct the financial operations and to obtain a Water and Sewer Business Manager. Mrs. Krieger stated that if the outcome of the Hanscom BRAC process is redevelopment of Hanscom Air Force Base there would be a 50% increase in water usage. She asked if the Town could manage such an increase. Mr. Hadley responded that yes the Town could manage that increase. Mrs. Krieger thanked Mr. Wood for his presentation. Article Positions Mrs. Krieger informed the Board that Articles 23, Acquisition of Franklin School Apartments, and 27, Lincoln Park Facility, have been postponed until after Article 37, Operating Budget, is presented. She also stated that Article 30, School Capital Projects and Equipment, has been postponed, Article 31, Maintain and Upgrade School Technology, is likely to be postponed and Article 32f, Municipal Capital Projects and Equipment for DPW Facility, is being postponed until after Camp, Dresser and Makee issues its report. Mr. Pagett asked that he be recorded as not being in support of either part one or two of Article 9, Zoning By -Law, RO to CD, Assessors Map 5, Parcel 11A, Waltham Street. Selectmen's Meeting — April 6, 2005 Mr. Cohen informed the Board he had met with Mr. Silverman, the citizen bringing forward Article 33, Traffic Control Signals Upgrade and Installation. Mr. Silverman will agree to indefinitely postpone his Article if the Board assures him that doing a traffic study of Massachusetts Avenue from Pleasant Street to Marrett Road will be given a high priority and that the study be completed before Town Meeting next year. Mrs. Krieger asked if a high priority study means needing funds to be appropriated to that study. Mr. Cohen stated Mr. Silverman does not want funds to be appropriated. Assurance that the Traffic Safety Advisory Committee (TSAC) considers this study a high priority would satisfy Mr. Silverman. Mrs. Krieger believes this is a reasonable request. Mrs. Krieger also suggested that a process for allocation of Traffic Demand Management Funds be developed. Mr. Pagett disagreed. He does not believe this intersection should be given a high priority. He also asked if the Charge for the Traffic Safety Advisory Committee would be broadened to include reviewing these types of studies and give recommendations to the Board. Mrs. Krieger suggested Ms. Vine talk to staff and members of the TSAC and present a recommendation on how to proceed to the Selectmen at a future meeting. Mrs. Krieger stated she thinks a study of the Maple Street/Mass. Ave. intersection is necessary. She asked if Mr. Pagett would be uncomfortable stating that the Board has agreed to make the study of high frequency accident intersections a high priority at Town Meeting. Mr. Pagett stated he would prefer not to be the speaker regarding that Article. Mrs. Krieger remarked that when she indefinitely postpones Article 20, the purchase of Middlesex Property Land Parcel 1, she is going to make a brief statement about the Towns ongoing conversations with the Division of Capital Asset Management. Town Manager Search The Board discussed the process it will use for the interviews scheduled for Friday. The Selectmen also discussed how to coordinate preparing a standard list of questions Upon motion duly made and seconded, it was voted to adjourn at 6:45 p.m. A true record, Attest: Lori A. Manning Clerk Selectmen's Meeting April 8, 2005 A regular meeting of the Board of Selectmen was held Friday, April 8, 2004 at 9:00 a.m. in the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; and Ms. Manning, Clerk were present. The purpose of the meeting was to interview the four candidates recommended by the Town Manager Search Committee. The four candidates are: James Malloy, Keith Bergman, Carl Valente and Rocco Longo. The Board of Selectmen interviewed each candidate and members of the Senior Management Team, a group of staff members and Ms. Vine, Acting Town Manager also interviewed each of the candidates. At the beginning of each interview members of the Board introduced themselves and Mrs. Krieger read the following statement: "Thank you for joining us. I would like to tell you our plans for today. In the interest of fairness, we will conduct 45 minute structured interviews, meaning that we will ask the same set of questions to all Town Manager candidates. This is an opportunity for you to learn more about the Town of Lexington, as well as for the Board of Selectmen and interested residents to learn more about you. During this interview, we will discuss areas key to the role of the Town Manager, which include: budget, communication, management and relationship with the Board of Selectmen, as well as other boards. To keep us on schedule, Tom Groux is our timekeeper and may need to interrupt the proceedings for a time check. A word to those in the audience, there will be no opportunity for public comment." Each candidate was asked the following questions: 1. Now that you have had an opportunity to do some research on Lexington, what do you see as your biggest challenge as Town Manager here? 2. Please describe your role in the budget process. Who do you involve and when do you engage them in the process? 3. Please describe your role and experience in contract negotiations and bargaining units. 4. Describe your management style and how you will use it to lead an existing management team? 5. What systems have you put into place to improve communication within Town Hall and its citizens? Describe what has worked and what hasn't. 6. I am an irate citizen who has barged into the manager's office demanding to see you. You are under pressure to finish preparing your budget message to Town meeting, which you will deliver tonight, but you hear the citizen pushing your staff in the outer office, indicating he won't leave until he gets to talk with you. How would you handle this situation? Selectmen's Meeting — April 8, 2005 7. Please describe your relationship with your current Superintendent of Schools. What has been your experience in working with the Superintendent in framing the budget? 8. What do you see to be the difference between operating as a Town Administrator or as a Town Manager? How do you envision your relationship with the Board of Selectmen in Lexington? 9. Is there anything you would like to share with us that we haven't asked you about? Do you have any questions for us? At the conclusion of all four interviews the four groups of interviewers discussed the strengths and weaknesses of each candidate. The Board briefly discussed its plans for moving forward with the process. The next steps include individual meetings with the Selectmen, a forum where citizens have the opportunity to meet the candidates and site visits. Upon motion duly made and seconded, it was voted to adjourn at 4:00 p.m. A true record, Attest: Lori A. Manning Clerk Selectmen's Meeting April 11, 2005 A regular meeting of the Board of Selectmen was held on Monday, April 11, 2005 at 6:00 p.m. in the Selectmen's Meeting Room. Chairman Krieger, Mr. Pagett, Mr. Manz; Ms. Vine, Acting Town Manager and Ms. Manning, Clerk were present at the start of the meeting. Mrs. Krieger announced that Mr. Cohen is attending a joint meeting of the Appropriation and Capital Expenditures Committees he will join the Selectmen at 6:45 p.m. and Mr. Kelley has been detained he will join the meeting as soon as he is able. Selectmen Concerns and Liaison Report Mr. Pagett stated that for the past few years, the week prior to Patriots Day the Board has submitted letters to the various news organizations reminding them that Monday, April 18 is Patriot's Day not Marathon Monday as it is often referred to. The Tourism Committee is requesting the Board send the letters again this year. Mrs. Krieger said she would be happy to do this. Mrs. Krieger informed the audience that Sundays Globe contained a very complimentary article about Lexington Center. Consent Agenda Upon motion duly made and seconded, it was voted to approve the request of the National Heritage Museum, 33 Marrett Road, for a one -day liquor license for a membership and development called "Live from Lexington" on Friday, April 15, 2005 from 6:30 p.m. to 9:30 p.m. Upon motion duly made and seconded, it was voted to sign a proclamation for the National Heritage Museum, April 20, 2005 as National Heritage Museum in honor of the museums 30 Anniversary. Lexington Center Art Work Ms. Hunter, representing Muses Window, began her presentation by showing the Board the Creativity in Marketing Award Muses Window had been awarded by the Chamber of Commerce in recognition of the first Art Walk. Next Ms. Hunter asked for the Board's permission to repeat the Art Walk again this year. Muses Window has already gotten the support of the Center Committee. New additions to this year's event are inviting restaurants to promote a Friday dinner with a concert at Cary Hall. This year the Chamber of Commerce has generously offered to contribute a fund- raising letter and to fill the roll of banker for the event. In conjunction with the Chamber of Commerce, as a fund raising project, sponsors will be invited to have light pole banners, approximately 2' x 4' with "Art Walk" text hung along Massachusetts Avenue for the duration of the event. The Art Walk Selectmen's Meeting — April 11, 2005 Committee is currently designing the banner; the proposed vendor will be B anners4Bu sines s. Once the banner is designed it will be brought before the Board for its approval. The goal is to hold the event on one focus weekend as opposed to the two focus weekends last year. Mr. Pagett asked what the rules were for hanging banners in the center. He recalls there was a problem with Liberty Ride Banners being displayed in the center last year. Mr. Pagett suggested Ms. Hunter contact the Historic Districts Commission before investing time or funds in the making of the banners. Upon motion duly made and seconded, it was voted to recommend putting up the banners for the Art Walk from September 10 — September 25 contingent on Historic Districts Commission approval. LexMedia Board of Directors Mrs. Krieger presented the following background information to the Board and the audience. In 2003 the Communications Advisory Committee (CAC) initiated a study to determine the Town's interest in establishing a non - profit Access Corporation, a non - profit, to provide public, education and governmental TV programming (PEG). A consultant was hired to conduct focus groups and write an ascertainment report. The ascertainment report defined the type of broad community based services cable viewers wanted from an Access Corporation. During this period of time Comcast provided access services through a studio at Kite's End. RCN gave 5% of their revenue for PEG, did none of its own programming and provided, limited, delayed coverage of Town activities to their viewers. To establish a non - profit corporation that will provide PEG services, the Board of Selectmen appointed a Board of Conveners whose charter was to write by -laws for the non - profit and appoint the first Board of Directors. As the CAC proceeded with the establishment of the non - profit Access Corporation it recognized two complexities the non - profit had to be at arms length from the Town in order to manage first amendment issues and the Town could not simply turn funding over to the non - profit without a competitive process. An RFP is now being prepared by the Town to solicit PEG programming services. During the period between the time Comcast stopped providing service and the vendor is selected, the Town is running the studio through the CAC. The Board of Selectmen approved an operating budget for the 5 -month transition period. Selectmen's Meeting — April 11, 2005 Ms. Boucher, representing the Board of Conveners is here tonight to provide an update on transition activities and present the Board of Directors of the Media Center. Mrs. Krieger asked if the Board had questions before Ms. Boucher began her presentation. Mr. Pagett stated that it is his understanding that the Selectmen assisted in establishing the Board of Conveners, that the group has moved to develop by laws and has proposed a Board of Directors and the Board of Directors are one of the groups that will bid on the procurement for managing the local access activities and that the bid will be open to everyone. Mrs. Krieger confirmed that he was correct. Mr. Pagett went on to say that because the Board has given one group considerable assistance and insight, he doesn't believe this gives other interested bidders a level playing field. Mrs. Krieger responded by saying the assistance the Board has given was with the formation of the Board of Conveners. The Board participated in this process to ensure a broad community base was represented on the committee. Mr. Pagett is not comfortable with the fact that the Board of Selectmen has been totally removed from a role in the new organization. Mr. Pagett said he doesn't see the organization as being totally independent from the Town. Mrs. Krieger stated that the Access Corporation will run independently from the Town in the sense that the Town will not be involved in any programming decisions. Mrs. Krieger stated that the important roll the Board does have is appropriation authority. Due to the manner in which the revolving fund is set up the Board will have to appropriate money to fund the vendor who will be providing the services. Mr. Pagett wants to know why, if the Town will be kept at "arms length ", is the Board receiving updates on the progress. Mrs. Krieger stated that between the time the Board invited the CAC back for an update and now Town Counsel has advised the Town to keep the organization at arm length. The CAC is here tonight as a courtesy to give a report on transition activities. Mr. Pagett stated he would feel more comfortable if a member of the Board of Conveners were making the presentation tonight. Ms. Boucher began by defining a Media Center as a place where citizens of Lexington can go and learn how to produce their own programming. Selectmen's Meeting — April 11, 2005 Ms. Boucher reviewed transition activities the Communication Advisory Committee will be responsible for between April and August 2005. During this period the CAC will provide coverage of Patriots Day Parade, provide a weekly schedule in the Minuteman, continue to broadcast core programs and increase the involvement of Directors in running the studio. Mr. Pagett again stated his concern about involving the Directors at this point. Ms. Boucher responded by saying that anyone, even others who may be bidding to run the Access Corp., are welcome to participate in the same capacity as the Directors are. The CAC is also working on connectivity and improved picture quality Next Ms. Boucher identified the Board of Directors: Alan Lazarus Maria Kieslich Van Seasholes Gay Godfrey Kay Bell Shelby Kashket Ephraim Weiss Raul Marques John Hayward TMMA CAC School Committee Plans for the Media Center are as follows: the CAC first hopes to choose a vendor to take over the Media Center in September 2005. At that point funding will be from the PEG Revolving Account and revenue from 5% of user's fees. An appropriation by the Board of Selectmen will also be required. Mr. Kelley asked about the means by which funds are appropriated. Ms. Vine explained that Town Meeting, as part of the overall budget, votes the appropriation of funds designated to a revolving account. Once a vendor is chosen and the cost to run the center is determined the Board of Selectmen will vote to appropriate funds to the vendor. Mr. Pagett asked, once the procurement is executed and a contract awarded, the vendor has no reporting relationship with the Town until its contract comes up for renewal? Mrs. Krieger confirmed this was correct. Next Mr. Pagett asked what the relationship between the CAC and that vendor would be. Mrs. Krieger stated that the intention is the CAC will continue to be involved as volunteers in support of the studio. The CAC is the agent of the Town that would assist the Town to ensure contract terms were being met. Mr. Pagett stated it seemed inappropriate to him the Board of Selectmen would be endorsing this Board of Directors. Mr. Pagett went on record saying he is not at all comfortable with this relationship. Selectmen's Meeting — April 11, 2005 Ms. Boucher concluded by saying that tonight the CAC is asking the Selectmen to endorse the Board of Directors and to dissolve the Board of Conveners. Upon motion duly made and seconded, it was voted to dissolve the Board of Conveners. Mrs. Krieger thanked them for the service they had performed for the community. Vote to Sign Bond Anticipation Upon motion duly made and seconded, it was voted to approve the sale a $2,620,000 2.74 Bond Anticipation Note of the Town dated April 14, 2005 and payable April 13, 2006, to Fleet National Bank at par and accrued interest. It was further voted to confirm the consent dated April 17, 2005 to the financial advisor bidding for the note. Met State Re a latory Agreement Mr. Kelley stated that he has not had the opportunity to review the document. Mr. Pagett questioned why the Selectmen were signing this agreement instead of the Town Manager. Ms. Vine responded that the Department of Housing and Community Development wanted the regulatory agreement to be signed by the Selectmen. Mr. Pagett also stated that his real concern with signing this agreement is the document is long, tedious and was not received by the Board until Friday evening. Mr. Pagett mentioned that this is the second time in recent history the Board has received an item which requires a vote of the Board at the last minute. He would like to serve notice that in the future he will vote against items brought before the Board at such a late time. Mr. Kelley asked what the urgency to sign the document tonight is? Mr. Cohen responded by saying that Planning Board and Town Counsel have negotiated this agreement. Mr. Cohen also believes that once the document is signed and recorded the town gets credit for having the housing count towards it 10 %. Upon motion duly made and seconded, it was voted 3 — 1 (Kelley) — 1 ( Pagett) to sign the Met State Regulatory Agreement. Town Manager Search Mrs. Krieger began the discussion by stating that when the Board concluded its session on Friday members agreed that they would discuss the process it would use to go forward at tonight's meeting. The first step will be to narrow the field of candidates and then to describe the process it should use going forward. Selectmen's Meeting — April 11, 2005 Mrs. Krieger asked if the Board was prepared to discuss the candidates. Mr. Manz commented that he has received many inquiries as to why the Board is not considering Ms. Vine for the position. Mr. Kelley feels all four candidates appear to be good candidates for the position. However, he would like to suggest the Board consider giving each member the opportunity to speak individually to each candidate. Mr. Kelley is willing to contact the candidates and meet with them on his own if other Board members aren't interested in meeting with all four candidates again. Mr. Pagett suggested the Board do more extensive reference checking before it narrows the field to two candidates. Mr. Cohen stated he had come to tonight's meeting prepared to give his suggestions for two candidates. He does not oppose other members meeting individually with the candidates but hopes that a delay in the process won't cause any candidates to remove themselves from consideration. The Board agreed they should not do an extensive reference check on all four candidates. The Board also agreed to allow members of the Board to meet with the candidates individually if they so desire. Mrs. Krieger stated she believes that it is critical that the Board come to a consensus on the two finalists and define both a process and timeline to complete the process at it's meeting on April 25, 2005. Upon motion duly made and seconded, it was voted to adjourn at 7:25 p.m. A true record, Attest: Lori A. Manning Clerk Selectmen's Meeting April 13, 2005 A regular meeting of the Board of Selectmen was held Wednesday, April 13, 2005, at 6:00 p.m. in the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Ms. Vine, Acting Town Manager; and Lori Manning, Clerk were present. Selectmen Concerns and Liaisons Mr. Pagett reported he had walked to tonight's meeting and had arrived at the Town Office Building via the bike path. He said he has seen first hand the need for better connectivity between the bike path and the buildings along Massachusetts Ave. Mrs. Krieger reminded the audience that Patriot's Day is Monday, April 18, 2005; she encouraged everyone to enjoy the celebration. Mrs. Krieger also thanked the DPW for a great job getting the Center ready for Patriot's Day. Mrs. Krieger announced that the Department of Capital Asset Management has informed Town officials that it is backing off the sale of Lot 1, the more than 50 acres of the Middlesex County Hospital land on the Lexington Waltham border. The state will instead pursue the use of Chapter 7 of the General Laws, which calls for community input and a legislative vote when selling the land. Town Manager Report Ms. Vine told the Board she had reviewed a list of Patriot's Day preparations done to date with Mr. Hadley. She thinks the Center looks great and is sure the Town will be ready for Patriot's Day. Consent Agenda Upon motion duly made and seconded, it was voted to sign the Proclamation for the Minuteman Cane Award Presentation. Upon motion duly made and seconded, it was voted to approve the request of the William Diamond Jr. Fife and Drum Corp. to use the Battle Green on Friday, April 29, 2005, from 7:OOp.m. - 8:00 p.m. for a Tattoo. Upon motion duly made and seconded, it was voted to approve the request of the Lexington Arts and Crafts Society to use the Battle Green on Tuesdays from 9:30 a.m. — 12:30 p.m. from April 19 through June 14, 2005. Selectmen's Meeting — April 13, 2005 FY 2004 Audit Mr. Ryan, Acting Comptroller and Mr. McIntyre from Melanson, Heath & Co. were at the meeting to review the FY 2004 Audit. Ms. Vine told the Board this is intended to be a working session and the Board should ask any questions they have. Mr. McIntyre began by reminding the Board that at the time when the audit was performed the Towns financial staff had just undergone a significant amount of turnover; this made it a particularly challenging audit. Overall the audit went reasonably well. Mr. McIntyre reviewed the financial statement. He gave an overview of GASBY34 (Government Accounting Standards Board) the new reporting model users of government financial statements need to use. Mr. McIntyre stated that the Town was given a clean audit opinion, which means the Towns financial documents are in accordance with generally accepted accounting principles. Mr. McIntyre reviewed the Statement of Net Assets, he remarked that the statement indicates trends in FY04 were better than those displayed in FY03. Next Mr. McIntyre reviewed the Statement of Activities and Balance Sheet for the year ending June 30, 2004. Mr. McIntyre briefly reviewed the management letter. There was a material finding in the audit related to the water /sewer billing process. Mr. McIntyre explained the Towns records showed the water /sewer receivables had increased 3 million dollars over the prior year. The reason the receivables had increased was due to a number of erroneous bills that had gone out and abatements that had not been processed on a timely basis. Another problem with the water /sewer account was a lack of segregation of duties. One person is involved in too many aspects of a transaction. This creates the potential for errors or irregularities. The auditors have not found any irregularities but as stated earlier many erroneous billings were found, the bills were identified and needed abating. However abatements that should have been processed on of before June 30, 2005 were being done in November. This caused the accounting records to be overstated. They have since been adjusted in the financial statement. In the interest of time Mr. McIntyre did not review the water /sewer enterprise funds. He noted that there are still some areas that need to be looked into. The week of April 19, 2005 the auditors will be starting a project to investigate these areas. Mr. Pagett stated that he feels the Board and Mr. McIntyre need to have further discussion regarding the audit. He realizes the Board is on a tight schedule tonight and asked if Mr. McIntyre would be willing to come back at a later date. Mrs. Krieger suggested Mr. McIntyre return upon the completion of the water /sewer audit. Then the Board would have the benefit of having the results of that analysis. Mr. McIntyre was agreeable to that suggestion. Selectmen's Meeting — April 13, 2005 Mr. Pagett asked if the erroneous billings had been adjusted and abated. Mr. McIntyre responded that yes they had been. Mr. Pagett doesn't believe the board has received abatement requests near that magnitude to sign off on. Ms. Vine will investigate that and get the information to the Board. Mr. Krieger commented that she concludes that in terms of financial statements for FY04 Lexington is headed in the right direction by increasing it's reserves, Moody's has recognized these improvements. The Management Report includes one material weakness that is being worked on. There are other problems that are still being investigated and there are a number of observations that require work on the Towns part to tighten its procedures. To fulfill his responsibility Mr. McIntyre felt it was important that he review a list of items he feels need to be looked into. The list included Trust Funds, Compensated Absences Accounting and Policies and Procedures over Fixed Asset Records. Not Your Average Joe's Sidewalk Permit Upon motion duly made and seconded, it was voted to authorize the Acting Town Managers to approve a Sidewalk Cafe Permit for Not Your Average Joe's from April 14 through October 31 2005. Compost Facility Follow -Up Mr. Hadley, Director of Public Works and Mr. Beaudoin, Superintendent of Environmental Services, presented an update on the Compost Facility. Mr. Hadley reminded the Board he had been before them in December and had received approval for a new service plan for the Compost Facility. At that time the Board recommended that the DPW hold meetings with the users of the Compost Facility to get some ideas of how the site operations could be improved. The DPW staff held two contractor workshops. Topics discussed were hours of operation; modifications to punch card fees and modifications to permit fees. Mr. Hadley reviewed the current hours of operation as well as the proposed expanded hours. The proposed expanded hours of operation are to increase hours by 1.5 per day; this would keep the site open until 4:30 p.m. Saturday's hours of 8:00 a.m. — 4:00 p.m. will be added during the peak season, April — June and October — Mid December and the facility would be open the 3rd Monday in March until the 3 Friday in December. Next Mr. Beaudoin reviewed the current punch card rates, which include one card /rate for two materials, $6 per cubic yard of brush up to 4 inches in diameter and $6 per cubic yard for yard waste. Selectmen's Meeting — April 13, 2005 The proposed new rates would involve two separate cards and rates: Brush at $8.50 and yard waste at $6 per cubic yard. It cost more to process the brush because a chipper must be brought to the facility to process it. Mr. Beaudoin also called a few communities to get a comparison of their fees as compared to Lexington's. He reviewed the information he had collected. Mr. Beaudoin reviewed the current and proposed permit fees. Current fees are based on Gross Vehicle Weight. The proposed fees are based on volume (cubic yard capacity of vehicle). The fee would be 2 cubic yards at $600 up to 20 cubic yards at $2400. Mr. Beaudoin showed a copy of what the new permit will look like. The permit will include the cubic yard maximum capacity for the vehicle. Mr. Pagett asked if permit holders are able to use the facility as often as they want. Mr. Beaudoin confirmed that was correct. Mr. Kelley expressed concern that the proposed fee schedule offers more benefit to the larger contractors than smaller local businesses. He also asked if there had been any opportunity to reconnect with the contractors the DPW had met with. Mr. Hadley responded that there has been informal communications with the contractors. The contractors are pleased with the extended hours. Upon motion duly made and seconded, it was voted to accept the new fee schedule for drop off of yard waste by contractors at the Hartwell Avenue Compost Facility as presented. Town Manager Search Mrs. Krieger stated she had put this on the agenda for this evening to clarify some points of the Boards discussion on Monday evening. Mrs. Krieger understands from Monday's discussion Mr. Pagett and Mr. Kelley will be contacting all four candidates to arrange for one on one meetings. However she wanted to clarify the reference checking process. At the conclusion of Monday's discussion she understood that references would not be checked until the field of candidates was narrowed to two. Other members of the Board agreed that was how they had understood the discussion also. Mr. Pagett stated that Mr. Groux has reference information that he feels the Board should get prior to the meeting scheduled for April 25 This would enable the Board to leave that meeting with assignments of who each member would be responsible to contact. Mrs. Krieger agrees that is a good idea and will contact Mr. Groux to get that information. Mr. Manz asked if there was a deadline for appointing a Town Manager. Mrs. Krieger responded that according to the Selectmen Town Manager Act the Board has nine months from the date the position was vacated to appoint a new Town Manager. That would be May 9, 2005. Selectmen's Meeting — April 13, 2005 Mr. Kelley asked who would participate in site visits and would they be done parallel to reference checking. Ms. Perry recommends two members of the Board of Selectmen and a member of the Search Committee participate in the site visit. Mr. Pagett told the Board he had learned from Mrs. Guttag that when the School Superintendent Search Committee did it's site visits two members of the School Committee, a couple of staff members a member of both the Appropriation Committee and Capital Expenditures Committee attended the site visits. Ms. Perry suggested the group for the Town Manager visits are smaller. Mr. Cohen commented that during the last Town Manager search only selectmen participated in reference checking and the site visit. Mrs. Krieger next reviewed the process for further interviews with the final candidates. It was agreed that the two finalists would be invited back for an informal gathering, which would give staff and citizens a chance to meet the candidates followed by a more structured interview with the Board of Selectmen. Mrs. Krieger also suggested that a process and timeline be put into place at the April 25 meeting after the two finalists have been identified. Ms. Perry told the Board she had spoken with Mr. Groux and he is preparing his final list of references and will have that information to the Board by the end of the week. Article Positions Mrs. Krieger informed the Board that if the budget is completed at Town Meeting tonight there would not be a Town Meeting on Monday April 25, 2005. On April 27 Articles 23, Acquisition of Franklin School Apartments, and 32f, Municipal Capital Projects and Equipment for DPW Facility, will be addressed. On May 2nd Articles 29, Supplementary Appropriation for Authorized Capital Improvements Projects; 35, Supplementary Appropriation for Current Fiscal Year; 36, Stabilization Fund, and possibly the reconsideration the Community Preservation Act are scheduled for debate. Mrs. Krieger told the Board there would be a full Selectmen's meeting on April 25 at the regular time. Mr. Cohen reminded the Board there is an Alcoholic Beverage License Hearing that has already been advertised for earlier than the regular 7:30 start time. 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 at 7:15 p.m. for the purpose of land purchase with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 7:15 p.m. A true record, Attest: Lori A. Manning Clerk Selectmen's Meeting April 25, 2005 A regular meeting of the Board of Selectmen was held Monday, April 25, 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 and Ms. Manning, Clerk were present. uor License -All Alcoholic License for Via Lauo_ Inc.. 1845 Massachusetts Avenue. Tom Fenn, Attorney for Via Lago and Alan Jick, President and Manager of Via Lago, were present. Via Lago has applied for an All Alcoholic License. Upon motion duly made and seconded, it was voted to approve the application and issue an all - alcoholic liquor license to Via Lago. Consent Agenda Resignations Upon motion duly made and seconded, it was voted to accept the resignation of Norman Cohen from the Electric Utilities Ad Hoc Committee effective immediately. Upon motion duly made and seconded, it was voted to accept the resignation of Norman Cohen from the Personnel Advisory Board, effective immediately. Appointment Upon motion duly made and seconded, it was voted to appoint Matthew Cohen to the Human Services Committee for a three -year term to expire September 30, 2008. Town Manager Search The Board interviewed the four finalist candidates for Town Manager on Friday, April 8, 2005. Tonight they will be narrowing the field of finalists to two. Upon motion duly made and seconded, it was voted to advance Keith Bergman and Carl Valente as the two finalist candidates for Town Manager. The Board discussed the process they will follow going forward. The Board decided each member will participate in the candidate's reference checks and site visits to the candidate's communities will be conducted during this week. The group that will make the site visits will consist of Board members, a representative of senior staff and a representative from one of the finance committees. The candidates will be individually invited back to Town Hall to meet with members of the Board of Selectmen and for a public meeting in the evening to give members of the community the opportunity to meet the candidates. Selectmen's Meeting — April 25, 2005 The Board heard suggestions from Mr. Groux, consultant for the search and Tom Diaz, representing the School Committee, regarding how to develop the team and a process for the site visits. Camp, Dresser & McKee (CDM) - DPW Facility Site Report Bill Hadley, Director of Public Works, told the Board that his staff, as well as members of the Permanent Building Committee, has been working with CDM to develop an approach for the design and construction of a new public works facility at the existing site on 201 Bedford Street. Mr. Hadley introduced Bruce Haskell, representing CDM, who presented a summary of the work done to date in preparation for a presentation to Town Meeting for an approval of an appropriation to design the facility. The work has been summarized into a four -step process. First, the opportunities and constraints of the site were identified. Concurrently, work was done to develop the basic program needs of the public works to continue to perform their functions at the site. This information was used to develop alternative building layouts for the public works facility. Finally, supplemental information was prepared on other potential municipal uses of the site to provide an evaluation of whether one or more of these alternatives could co -exist with the public works facility at the site. To date, the additional uses that have been discussed at public meetings have included a new senior center, fire and police station. Mr. Haskell reviewed a site plan of the existing conditions, including an opportunities and constraints plan, as well as a preliminary concept plan. Mr. Pagett questioned if a representative of the Council on Aging has been present when the Senior Center was discussed as a potential co- tenant of the Bedford Street site. Marion Cohen, Co Chair of the Council on Aging, said she recently reviewed reports done previously on the needs of a site for the Senior Center and emphasized that a lot of the materials contained in those reports is outdated and she hopes that the data contained in those reports is not being used when considering this as a site for the Senior Center. Mr. Kelley suggested the need for the Town to consider the possibility of a combined police, fire and public works department. He is not convinced that the plans presented tonight reflect the best possible effort to use the site to its full potential. Upon motion duly made and seconded it was voted to support the appropriation of $720,000 to go forward with the architectural and engineering design of a new DPW facility at 201 Bedford Street. Selectmen's Meeting — April 25, 2005 Financial Issues — 3 rd Quarter FY 2005 Financial Update. Michael Young, Budget Officer, reported that the Town has collected 68.06% of anticipated revenues through the first nine months. State Aid payments received by the Town through the first nine months of the fiscal year are only 44.8% of the recap amount. The fact that the Town has received only 44.8% is a timing issue as to when the Commonwealth distributes local aid. Continuing a trend that became evident in the first half of the fiscal year, local receipt collections through nine months are running ahead of last year's collections by more than $860,000. This is caused by a spike in Motor Vehicle Excise Tax collections caused by FY 2004 bills that were sent late and credited to FY 2005. On the opposite side the largest decline was in School Revenues, caused by the cessation of the instrumental music fee that was in effect in FY 2004. Mr. Young went on to say that it should be noted that local estimated receipts are lower by almost a million dollars from the original estimate used to balance the FY 2005 Appropriated Budget. This was made possible by the higher than forecast state aid and growth estimates. This will allow us to grow free cash at the end of the fiscal year. Next Mr. Young addressed expenditures. The Town has expended 73.94% of the 2005 Appropriated Budget through the first nine months of the fiscal year. Mr. Young reviewed notable exceptions that have occurred within departments during the first nine months of FY 2005. Lastly Mr. Young reviewed a plan to balance the FY 2005 budget. Mr. Young said that with a forecast overage of $350,000, it is clear that the available $200,000 within the budget (balance of sub program 2300 Municipal Salary Adjustment and Reserve Fund) will not cover the overages. All totaled, this will result in a $150,000 request made under Article 35. To that end, staff is proposing the following plan to close the FY 2005 Budget: Deficits 1. Transfer from Municipal Salary Adjustment (Element 2320) Town Clerk's Office $ 5,000 Fire Department (partial) $45,000 Total $50,000 2. Transfer from Reserve Fund (Element 23 10) Fire Department (Partial) $15,000 Library Utilities $80,000 Police /Fire Medical & Workers Compensation $10,000 Legal Expenses (Partial) $45,000 Total $150,000 Selectmen's Meeting — April 25, 2005 Supplemental Appropriation from Town Meeting Legal Expenses (partial) $135,000 Town Managers Office $15,000 Total $150,000 4. Funding Source for Item 3 Free Cash Appropriation $150,000 Total $150,000 Mr. Young said that unfortunately all municipal departments would expend their appropriated amounts this year and have no money available to transfer. It is important and significant to note that this plan is compliant with the findings and continued recommendations of the FY 2004 Audit. By asking Town Meeting for supplemental funds, we are guaranteeing to pay current year costs with current year monies. Approve Assistant Manager — Lexington Golf Club Upon motion duly made and seconded, it was voted to approve the request of the Lexington Golf Club to appoint Patricia Walters as Assistant Manager. Garage /Yard Sale Policy Upon motion duly made and seconded, it was voted to approve the Garage and Yard Sale Policy. Minutes Upon motion duly made and seconded, it was voted (3 -2 Cohen and Manz abstained) to approve the minutes of November 17, 2004. Upon motion duly made and seconded, it was voted to approve the minutes of March 8, 2005, March 28, 2005 and March 30, 2005. Future Meetings Upon motion duly made and seconded, it was voted to schedule Selectmen's Meetings for the following dates: April 27, May 2, May 4, May 16, May 23, June 6, July 11, August 8, and August 29. Article Positions Article 37- Operating Budget - Liberty Ride Mr. Young introduced Kerri Brandin, Tourism Committee. Ms. Brandin told the Board that the Liberty Ride has a current deficit balance of ($25,378). Ms. Brandin said this outcome is similar Selectmen's Meeting — April 25, 2005 to previous years. Over the history of the ride, the program has consistently operated with a deficit. In fact, the only times when the ride has operated with a positive balance is upon the completion of its annual fundraising efforts. This usually occurs toward the end of the fiscal year, in order for the ride to meet previous commitments to Town Meeting that it operates revenue neutral. The fund raising efforts have a proven track record of success, and the ride has annually broken even. Ms. Traber, Liberty Ride Coordinator, gave a brief report on the successful Patriots Day weekend. She explained the two issues she needs to discuss with the Board. How to rectify the current deficit and finish FY 2005 in an appropriate fiscal and legal manner, and how to proceed in fiscal 2006 and beyond. Mr. Young reviewed the current legal situation surrounding the funding of the Ride. Town Meeting approved the creation of a Revolving Fund last year. In doing so, they authorized the Town Manager to expend funds in order to administer the Ride, consistent with a series of legal limitations applicable to all Revolving Funds under M.G.L. Ch. 44 Sec. 53 '/2 . Within these limitations is the requirement that: "Expenditures may be made from such revolving fund without further appropriation, subject to the provisions of this section; provided, however, that expenditures shall not be made or liabilities incurred from any such revolving fund in excess of the balance of the fund nor in excess of the total authorized expenditures from such fund... " In other words, we are legally authorized to spend only what we have. The ride, which has consistently operated with a deficit, seems to be in violation of this statute. There are two issues: how to rectify the current deficit and finish FY 2005 in an appropriate fiscal and legal matter, and how to proceed in FY 2006 and beyond. As far as 2005 is concerned it is most appropriate and fair to continue operating as the Town has over the course of the Fiscal Year. It is Mr. Young's understanding that the ride and its proponents have worked under the assumption that the ride could continue to operate with a deficit and they would raise whatever shortfall exists by the beginning of the next fiscal year. The Liberty Ride has a proven record of raising their incurred deficits, and it is logical to assume their continued success in closing out fiscal year 2005 in the black. Going forward there are two options on how to properly fund the ride: Maintain and Reauthorize the Revolving Fund. In order to do this and comply with the statute, the Ride would have to have some amount of money in reserve at the beginning of the year. Reasonably this amount would have to be between $20,000 and $30,000 for the fiscal year beginning July 1. This could be achieved either through a tax levy appropriation to line item 7300 Economic Development Expenses or through successful fundraising efforts. Selectmen's Meeting — April 25, 2005 2. Shift the Ride to the General Fund. The ride could operate as it did in FY 2004 with a tax levy appropriation offset by fares and donations as they come in. This would eliminate the restrictions of the Revolving Fund statute and allow it to carry a deficit. The tax levy would be responsible for maintaining the Ride and covering any deficit should one develop. We would budget receipts and donations into the general fund under local receipts. If this were proposed it would also make sense to place donations into the general fund as well rather than a separate gift account. It is the consensus of the Board that the Tourism Committee will overcome its deficit by the end of the year. Upon motion duly made and seconded it was voted to approve the motion under Article 37. Article 35 - Supplementary Appropriations for Current Fiscal Year The Board deferred this discussion until Wednesday night's collaboration meeting. Article 29 — Supplemental Appropriations for Authorized Capital Improvement Projects Upon motion duly made and seconded, it was voted to approve the portion of the article concerning the roof repairs at the Estabrook School. Discussions regarding the Fiske School will be deferred until the Collaboration Meeting on Wednesday night. Reconsideration of Article 7- Adobtion of Communitv Preservation Act Upon motion duly made and seconded, it was voted 3 —2 (Pagett/Manz) to oppose the reconsideration of the CPA. Executive Session Upon motion duly made and seconded, it was voted by roll Mr. Cohen, Mr. Kelley, Mr. Pagett, Mr. Manz and Mrs. Krieger to go into executive session for the purpose of land purchase with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 10:15 p.m. A true record, Attest: Lori Manning Clerk Budget Collaboration Meeting April 27, 2005 A Budget Collaboration Meeting of the Board of Selectmen, School Committee and Finance Committees was held on Wednesday, April 27, 2005 at 6:00 p.m. in the Selectmen's Meeting Room. Mrs. Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, and Mr. Manz; Linda Vine, Acting Town Manager and Ms. Manning, Clerk were present. Overview Mrs. Krieger gave an overview of the municipal budget and gave a brief explanation of the decision the Board had made regarding the Liberty Ride. Mr. Griffiths updated the group on the status of the School Department budget. He also distributed a conceptual rendering of proposed School Administration Building renovations. Capital Issues Article 29 - Supplemental Capital For Authorized Capital Improvement Projects Dana Ham, Director of Facilities and Grounds for the School Department, gave a quick recap of the results of the Fiske School construction bids. Mr. Ham told the Boards that there is currently an estimated short fall of $1.3 million for the Fiske School Construction Project and asked that an additional $1.2 for this project be added to the motion for Article 29, Supplementary Appropriations for Authorized Capital Improvement Projects. The Boards discussed whether the additional funds should come from the tax levy or debt exclusion and the legal ramifications of adding this amount to the debt exclusion. Article 30 - School Capital Projects and Equipment Mrs. Krieger said the Selectmen feel there is a problem with general maintenance issues. The Board is interested in appointing a committee to examine the state of Town -owned buildings and project maintenance projects. Mr. Ham reviewed the Preliminary Energy Conservation Study for the Clark Middle School. Mr. Griffiths presented a conceptual rendering of the White House renovations. The cost of the building renovations is estimated to be $3.5 million dollars. The School Committee is currently requesting an appropriation of $300,000 for further planning. Mr. Griffiths also commented that the Historic Districts Commission is very enthusiastic about the plans. Selectmen's Meeting — April 27 2005 Article 31- Maintain and Upgrade School Technology The group had a brief discussion about the School Committee's requests for funding to upgrade school technology. Upon motion duly made and seconded, it was voted to adjourn at 7:28 PM. A true record, Attest: Lori Manning