HomeMy WebLinkAbout2005-06-BOS-minSelectmen's Meeting
June 6, 2005
A regular meeting of the Board of Selectmen was held Monday, June 6, 2005, at 7:30 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. Pease, Executive Clerk
were present.
Public Comment
Sam Silverman requested that the Selectmen include information on the agenda regarding what
the Executive Session is about. He also would like to see the minutes completed on a more
timely manner and also put on the web. The Selectmen will take Mr. Silverman's comments
under advisement.
Andy Friedlich thanked the Selectmen for the success of the High School graduation. He was
very proud of the kids and the community.
Selectmen Concerns and Liaison Reports
Mrs. Krieger thanked the DPW staff for their exceptionally hard work this past year. Over the
last few weeks because of severe rainstorms trees came down and they had to be cleaned up, it
was a very long, late winter with many snowstorms, and the Town looked beautiful when
Patriot's Day celebrations began. DPW was also thanked for the success of the employees who
are cleaning the center business area.
Town Manager Report
Ms. Vine thanked the Police Department for the great work they did in coordinating the
graduation event and bringing all the necessary groups together in order for the graduation to run
smoothly.
Mrs. Krieger reiterated the praise for the Police Department and also for the citizens keeping
calm.
Consent Agenda
Upon motion duly made and seconded, it was voted to ratify a poll vote to allow the Town
Celebrations Committee to hold the Memorial Day ceremony at the flag on the Battle Green on
Monday, May 30, 2005, at approximately 11:20 a.m.
Upon motion duly made and seconded, it was voted to accept the resignation of Gary Markowitz
from the Electric Utility Ad Hoc Committee, effective immediately.
Selectmen's Meeting — June 6, 2005
Upon motion duly made and seconded, it was voted to approve the request of the Lexington
Lodge of Elks to use the Battle Green on Tuesday, June 14, 2005, at 7:00 p.m. for the annual
Flag Day ceremony.
Upon motion duly made and seconded, it was voted to approve the Town Manager's
reappointments of Elizabeth Borghesani, Dan Fenn, and Robert Edwards to the Council on
Aging.
Upon motion duly made and seconded, it was voted to approve the following water /sewer
adjustments:
Adjustment of Water Charges for the period from 11/1/04 to 11/30/04 - $1,381,268.04
Not Your Average Joe's Change of Manager and Appointment of Assistant Managers
Upon motion duly made and seconded, it was voted to approve the application and issue a
license for a change of manager for an all alcoholic liquor license for Not Your Average Joe's,
Inc. d /b /a Not Your Average Joe's, 1727 Massachusetts Avenue.
Upon motion duly made and seconded, it was voted to approve Paul Rudolph and Sara
McAllister as Assistant Managers at Not Your Average Joe's.
Discussion Regarding Minutes on Web
Donna Hooper, Town Clerk, and Jan Comey, MIS, were at the meeting to discuss a process for
putting minutes of the Selectmen and committees on the Town Web page. It is time for the
town's information to be more accessible. Ms. Hooper is putting together a group to come up
with draft policies and procedures that includes representatives from all groups responsible for
the maintenance of town records. It is hoped that policies and procedures will be presented to
the Selectmen in the fall. The Selectmen were asked to provide input.
The Selectmen believe it is a good idea to provide minutes on the web. Some of the concerns
they had were: making sure the information is searchable, cost effective server space, how long
will the information be available and where will the information be archived.
FY05 Budget Update
Michael Young, Budget Officer, provided the Selectmen with an update on the FY05 year -end
status. It is expected that $300,000 will be needed from the Reserve Fund to cover legal
($190,000), library utilities ($80,000), and fire compensation ($30,000). The Municipal Salary
Adjustments needed are: Town Manager's office ($20,000), Town Clerk ($5,000), and Fire
Compensation ($25,000). It is expected that the Appropriation Committee will vote on the
Reserve Fund transfer on June 22. The Selectmen will vote on the Municipal Salary
Adjustments on June 27 and also review the Reserve Fund items.
Selectmen's Meeting — June 6, 2005
Reappointment — LexHAB
The Selectmen requested additional information be provided before reappointments are made
that shows how long members have been on a Committee. The Selectmen's Office will provide
the most recent list of members on the Committee in the packets.
Upon motion duly made and seconded, it was voted to reappoint Gerald Howell to the Lexington
Housing Assistance Board (LexHAB) for a three -year term to expire on May 31, 2005.
Minutes
Upon motion duly made and seconded, it was voted 3 -0 -2 (Cohen and Manz) to approve, as
amended by submitted corrections, the minutes of January 18, 2005, January 19, 2005 (Regular
and Budget Collaboration), and January 24, 2005.
Upon motion duly made and seconded, it was voted to approve, as amended by submitted
corrections, the minutes of May 16, 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
litigation and contract negotiations with no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 8:15 p.m.
A true record, Attest:
Lynne A. Pease
Executive Clerk
Selectmen's Meeting
June 27, 2005
A regular meeting of the Board of Selectmen was held Monday, June 27, 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; Mr. Lahey, Town Counsel and Ms. Manning, Clerk were
present.
Auditors Report
Ms. Vine introduced Scott McIntyre from Melanson Health & Company, PC, who was here to
present the report.
Mr. McIntyre gave a brief review of the topics he had covered during his presentation to the
Board in April. Tonight he will be reviewing the Management Report. He began by reviewing
the Current Year Recommendations included in the Management Report. The recommendations
are:
• Improve Controls Over Water and Sewer Billing Receivables
• Improve Controls in the Assessors' Office
• Establish procedures to Monitor Arbitrage Requirements
• Revise Accounting of Trust Funds
• Improve Year End Cut Off Procedures
• Improve Compensated Absences Accounting
• Improve Controls over Student Activity Funds
• Implement Policies and Procedures Over Fixed Asset Records
Reconciliation of Water and Sewer Rate Study Report
Mr. McIntyre apologized to the Board on behalf of the auditor performing this portion of the
audit. The auditor, due to a personal situation, was not able to attend tonight's meeting. Mr.
McIntyre doesn't feel he possesses the knowledge necessary to answer the Board's questions
regarding this portion of the audit.
Candy McLaughlin, brought the Board up to date on the action staff has been taking to address
this issue. The FY06 budget included a position for a water /sewer analyst. The job description
for this position has been developed and the position is currently being advertised. The next step
will be establishing procedures and controls for this function.
Mr. Pagett expressed his frustration with the delay in completing this portion of the audit.
Mrs. Krieger suggested tabling this discussion until the Board's July 11, 2005 meeting.
Selectmen's Meeting — June 27, 2005
Accept Water and Sewer Rate Study Report
Kathryn Benjamin presented the report on behalf of the committee. She began by reviewing the
committee's original charge. Next she reviewed the recommendations contained in the
committee's final report. The recommendations include:
• Need to establish clear and consistent policy guidelines for setting water and sewer
rates
• The Water and Sewer operations should operate as a self - sufficient, stand alone,
transparent accounting entity ... that neither subsidizes, nor is subsidized by the
General Fund
• Establish and use quantifiable measures to determine indirect costs
• Move to a flatter inclining block rate structure
• That all municipal and school buildings pay for water and sewer services at a flat rate
equal to the average cost
• Phase -out PILOTS
• Appoint a Business Manager for the Enterprise Fund, in order to provide sound
financial management on a day -to -day basis, and to implement the rate setting and
financial accounting policies we are recommending.
Ms. Benjamin stated that the committee is willing to continue to work with the Selectmen, the
new Town Manager and the Business Manager for the Enterprise Fund.
Upon motion duly made and seconded, it was voted to accept the Final Report of the
Selectmen's Ad Hoc Water and Sewer Rate Study Committee, Volume I.
Mrs. Krieger told the Board that it was not her intention to have a discussion regarding this
report tonight. She would like to give the new Town Manager the opportunity to review the
report.
Selectmen Concerns and Liaisons
Comptroller/Finance Director Search
Mr. Manz told the Board that the Comptroller/Finance Director Search Committee has made the
following four modifications to the job description and advertisement for this position: 1.) The
advertised salary range has been adjusted; 2.) the ad will specify that candidates must have a
minimum of seven years of municipal experience; 3.) the original advertisement specified at least
three years of accounting experience, since strictly accounting experience is not thought to be an
important indicator of success in this position it has been dropped from the advertisement; and
4.) the date for resumes to be received has been left open.
Mr. Pagett said unless there is an objection to these changes the committee would like to start
circulating the job description tomorrow.
Selectmen's Meeting — June 27, 2005
The Board agreed the four modifications to the job description were appropriate.
Town Center Charette
Mr. Pagett said that one of the ideas that came out of the Town Center Charette, held earlier this
month, was the redevelopment of the alley between Bank of America and Carlson Real Estate.
Some abutters are offering funds for the work necessary to make that alley a pedestrian walkway.
So far plans have been developed and bids for the project are being submitted. One of the
abutters has not yet agreed to commit to contributing funds. Mr. Pagett asked the Board if it
would, if necessary, send a letter of support of the project to that abutter. The Board agreed it
would agree to write the letter if necessary.
Liberty Ride Contribution
Mr. Pagett informed the Board that the Liberty Ride had received a commitment from N -Star for
a $5000 contribution.
Library Audits
Mr. Pagett registered his concern with the issue of the letter sent from Mrs. Krieger to the
constituent who has raised questions regarding funds raised for the library and the library
construction project. Mr. Pagett said he did not feel the letter addressed all of the issues raised
by that constituent and he feels it is important for the Board to take up and resolve all issues
raised by the constituent.
Mr. Pagett said he was also surprised that the constituent had received a reply from the Board
without any discussion about the issue amongst the Board. Especially after he had requested
more than once that the Board address this issue.
Mr. Cohen said he thought a response to the constituent's original e -mail was long overdue. He
added that he was sure the library has had an independent audit for each of the fiscal years and
anyone can view copies of these audits by visiting the foundations office at the library.
Mrs. Krieger suggested this discussion be tabled until the audits of the library foundation are
prepared.
Middlesex Hospital Property
Mrs. Krieger gave a brief follow -up to the June 13, 2005 meeting regarding the Middlesex
Hospital property known as Parcel One. At the time of the meeting there was concern that as
part of the state budget there would be legislation that would continue Outside Section 548 or in
some way change the disposition of state property. The budget has passed through the Senate
with no legislation relating to the sale of state property attached to it. The next step will be some
sort of comprehensive legislation that will provide a much more rational mechanism for the
disposition of state property.
Selectmen's Meeting — June 27, 2005
Mrs. Krieger also stated that the process to begin fixing the Marrett Road Spring Street
intersection has began. A meeting will be held tomorrow night in the Meeting Room of the Cary
Memorial Library. Mrs. Krieger encouraged residents of Precinct 3, 4 and 9 to attend this
meeting.
Public Hearing for Grant of Location - Boston Edison d /b /a NStar Electric
Maureen Carroll, representing NStar, attended the meeting. NStar is requesting a Grant of
Location to install approximately 900 feet of conduit in Lincoln Street. This work is necessary
to improve reliability of service to this area.
Upon motion duly made and seconded, it was voted to approve the petition of NStar Electric to
construct, and a location for, a line of conduits and manholes with the necessary wires and cables
therein to be located under the surface of Lincoln Street: Westerly approximately 1558.7 feet
east of Mill Street — a distance of about 198.7 feet — conduit at pole 55/80 and Westerly,
approximately 191 west of Weston Street — a distance of about 714.8 feet conduit from pole
55/69 to pole 55/74 with the understanding the disturbed surface will be restored to its original
condition.
Mr. Cohen expressed his dissatisfaction with the number of double poles in Town and asked Ms.
Carroll to bring the Towns concerns to the attention of NStar.
Public Hearing for Grant of Location- Keyspan Energy Delivery
The Department of Public Works has reviewed the petition, plan and order of Keyspan Energy
Delivery for a Grant of Location to install approximately 40 feet of 6" gas main, 15 feet of 4" gas
main and District Street Regulator in School Street. This work is necessary as part of the System
Reinforcement to alleviate pressure problems. Abutters have been notified.
Upon motion duly made and seconded, it was voted to approve the petition of Keyspan Energy
Delivery to install and maintain approximately 55 feet of 4" and 6" gas main in School Street,
from the existing 6' gas main in School Street at house #48 West to the proposed District
Regulator in School Street.
Mr. Manz asked why the condition upon NStar to return the disturbed surface to its original
condition was not imposed on this request. Mr. Hadley replied that that determination is based
on how long it has been since the street has been resurfaced.
Consent Agenda
Upon motion duly made and seconded, it was voted to approve the request of the Tourism
Committee to transfer funds from the Liberty Rides Selectmen's Gift Account sufficient to
reduce the Economic Development line item to $0.
Selectmen's Meeting — June 27, 2005
Upon motion duly made and seconded it was voted to ratify the poll vote authorizing the use of
the Battle Green on Tuesday, June 7, 2005, at 10:00 a.m. for an Oath of Enlistment" Ceremony.
Upon motion duly made and seconded, it was voted to set the following Local Official Bond
amount: Revenue Officer - $190,000.
Upon motion duly made and seconded, it was voted to set the following Surety Bond amount:
Treasurer - $180,000.
Upon motion duly made and seconded, it was voted to sign a letter, as requested by the Town
Celebrations Committee, to present a Flag Day flag to the Edith Nourse Memorial Veterans
Hospital.
Bond Anticipation Note
Upon motion duly made and seconded, it was voted to approve the sale of a $1,440,000 2.95
percent Bond Anticipation Note of the Town dated June 30, 2005 and payable April 13, 2006, to
Bank of America, N.A. at par and accrued interest.
Commitments and Adjustments of Water and Sewer Charges
Upon motion duly made and seconded, it was voted to approve the following water /sewer
commitments and adjustments:
Commitment of Water /Sewer Charges from 3/1/05 to 3/31/05 (Cycle 9)
Commitment of Water /Sewer Charges from 3/1/05 to 3/31/05 ( Finals)
Commitment of Water /Sewer Charges from 4/1/05 to 4/30/05 (Cycle 9)
Commitment of Water /Sewer Charges from 4/1/05 to 4/30/05 (Finals)
Commitment of Water /Sewer Charges from 5/1/05 to 5/31/05 (Cycle 9)
Commitment of Water /Sewer Charges from 5/1/05 to 5/31/05 (Finals)
Commitment of Water /Sewer Charges thru 5/10/05 Town -wide bills (Sect. 1)
Commitment of Water /Sewer Charges thru 5/23/05 Town -wide bills (Sect.2)
Commitment of Water /Sewer Charges thru 5/23/05 Town Wide bills (Sect. 3)
Adjustments of Water /Sewer Charges for the period from 3/1/05 to 3/31/05
Adjustments of Water /Sewer Charges for the period from 4/1/05 to 4/30/05
Adjustments of Water /Sewer Charges for the period from 5/1/05 to 5/31/05
Town Manager Contract
$138,753.04
$1,365.05
$157,499.20
$26,034.52
$163,177.48
$4,637.46
$1,716,241.76
$1,467,250.91
$1,896,995.05
- $248,040.07
- $107,968.99
- $139,962.00
Upon motion duly made and seconded, it was voted to approve and sign the Town Manager
Contract.
Selectmen's Meeting — June 27, 2005
Selectmen's Ad Hoc Financial Policy Committee
The Board discussed the draft proposal for this committee. Mr. Kelley suggested the description
of the committee be amended to read:
The committee will recommend to the Board of Selectmen fiscal policies that seek to structurally
balance budgets and adequate reserves while accommodating the possibility of operating
overrides, among other means, to ensure the consistent delivery of balanced services.
Mrs. Krieger will contact the suggested membership to see if they are willing to participate and
to collect applications and resumes for those who would like to serve on the committee. The
Board will address the membership issue at its July 11, 2005 meeting.
Upon motion duly made and seconded, it was voted to adopt the charge as amended by the
Board.
Bertucci's Restaurant Corporation, d /b /a Bertucci's Brick Oven Ristorante Liquor License -
Change of Officers/Directors, Change of d /b /a and Transfer of Indirect Beneficial Interest
Frank Bonanni, attorney for Bertucci's, was present to ask the Boards approval for change of
officers /directors, change of d /b /a, and transfer of Indirect Beneficial Interest for an all alcoholic
liquor license for Bertucci's' Restaurant Corporation.
Upon motion duly made and seconded, it was voted to approve the application and issue a
license for a change of officers /directors, change of d /b /a, and transfer of Indirect Beneficial
Interest for an all- alcoholic liquor license for Bertucci's Restaurant Corporation, d /b /a Bertucci's
Brick Oven Ristorante, 1777 Massachusetts Avenue.
Freedom's Way Heritage Association
Freedoms Way Heritage Association is requesting the Selectmen send a letter of support for
legislation designating Freedom's Way, which includes the Town of Lexington, a state and
national heritage area.
The Board agreed to give the Tourism Committee the opportunity to discuss this request before
the Board takes a vote.
Lincoln Park Facili
Upon motion duly made and seconded, it was voted to open a Selectmen's Gift Account to
receive donations to construct a rest room facility at Lincoln Park.
Selectmen's Meeting — June 27, 2005
FY 2005 Year End Transfers
Ms. Vine told the Board that this year there are three -year end transfers, two of which must be
approved by the Board.
Ms. Vine explained that each year the Board is asked to approve a series of transfers from Line
2320 Municipal Salary Adjustments to individual departments who for various reasons need
additional money above and beyond their original appropriation. The departments in need of
transfers are Town Clerk, Town Manager and Fire. The total transfer request is for $50,000.
Next Ms. Vine said the Fire Department is going to require additional funds in order to meet its
contractual compensation requirements. Ms. Vine is requesting that $78,750 be transferred
among different line items in order to meet the full overtime appropriation of the Fire
Department.
Upon motion duly made and seconded, it was voted to approve the Municipal Salary
Adjustments of $50,000.
Upon motion to duly made and seconded, it was voted to transfer to the Fire Department, under
Section 123 of the Municipal Relief Act, $78,750.
Acting Town Manager Reappointments
Upon motion duly made and seconded, it was voted to approve the Acting Town Mangers
reappointment of Jonathan Himmel to the Permanent Building Committee and to reappoint
Wendy Heiger - Bernays and Sharon MacKenzie to the Board of Health for three -year terms.
Appointments/Reappointments
Upon motion duly made and seconded, it was voted to appoint Ravinder Sakhuja to the Energy
Conservation Committee.
Upon motion duly made and seconded, it was voted 4-0-1 (Mr. Manz abstained) to appoint Hank
Manz as Lexington's Representative to the Hanscom Field Advisory Commission for a three -
year term to expire June 30, 2008.
Upon motion duly made and seconded, it was voted to reappoint Michael Barrett as Lexington's
Alternate Representative to the Hanscom Filed Advisory Commission for a three -year term to
expire June 30, 2008.
Upon motion duly made and seconded, it was voted to reappoint Chief Chris Casey as the
Keeper of the Lockup for a one -year term to expire May 31, 2006.
Selectmen's Meeting — June 27, 2005
Upon motion duly made and seconded, it was voted to reappoint Lynne Pease as the Selectmen's
Executive Clerk for a one -year term to expire May 31, 2006.
Upon motion duly made and seconded, it was voted to reappoint Jo -Anne Granger to the Town
Celebrations Committee for a three -year term to expire June 30, 2008.
Upon motion duly made and seconded, it was voted to reappoint Paul Jenkins, Julie Miller,
William Mix, and Karen Jean Smith to the Town Celebrations Subcommittee for a one -year term
to expire June 30, 2006.
Minutes
Upon motion duly made and seconded, it was voted 3 -0 -2 (Mr. Cohen, Mr. Manz) to approve the
minutes of February 7, 2005 and February 28, 2005 as corrected.
Upon motion duly made and seconded, it was voted to approve the minutes of May 2, 2005, May
23, 2005 and June 6, 2005 as corrected
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
May 23, 2005 and June 6, 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 litigation and
contract negotiations.
A true record, Attest:
Lori Manning
Clerk