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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