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HomeMy WebLinkAbout2005-10-BOS-minSelectmen's Meeting October 6, 2005 A regular meeting of the Board of Selectmen was held Thursday, October 6, 2005, at 7:30 p.m. in the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz (arrived at 8:00 p.m.); Mr. Valente, Town Manager; Mr. Lahey, Town Counsel; and Ms. Pease, Executive Clerk were present. Selectmen Concerns and Liaison Reports Mr. Pagett requested that a goal setting item discussed regarding FAR be brought before the Selectmen in the near future. Mrs. Krieger said the Planning Board is looking into it as part of the Sustainable Design Policy and would bring it before the Board in the spring. Mr. Cohen requested that Lexington's Senators and Representatives be invited to a Selectmen meeting in the near future to discuss financial issues. Town Manager Report Mr. Valente has appointed Barbara Stevens the Water /Sewer Business Manager. Ms. Stevens previously worked as the water /sewer manager in Newton for 15 years and then Somerville. She also has MUNIS experience. The Town Manager and Ms. Stevens will be meeting next week with members of the Ad Hoc Water and Sewer Rate Study Committee in preparation for the next Selectmen's Meeting. Mr. Valente was pleased to announce that Captain Arthur Raithel, Lieutenant Robert Cunha, Firefighter Donald Chisholm and Dispatcher David Sponosa will be honored as recipients of a 2004/2005 "Firefighter of the Year" Award on Friday, October 28, 2005, at 11:00 a.m. at Faneuil Hall in Boston. He thanked them all for their work. Consent Agenda Ratify Poll Vote — Use of Battle Green — National Guard Upon motion duly made and seconded, it was voted to ratify a poll vote for use of the Battle Green by the National Guard on Wednesday, September 28, 2005 from 11:00 a.m. to 1:00 p.m. for a welcome home ceremony. Use of the Battle Green — Veteran's Day Upon motion duly made and seconded, it was voted to approve the use of the Battle Green by the Town Celebrations Committee for the annual Veteran's Day parade on November 11 at 10:00 a.m. Proclamation — Daughters of the American Revolution Upon motion duly made and seconded, it was voted to approve and sign a proclamation to proclaim October 19 as "Lexington Chapter Daughters of the American Revolution Day" with special recognition and appreciation to Shirley Lane. Selectmen's Meeting — October 6, 2005 Use of Town Seal — Article 40 Emissions Committee Upon motion duly made and seconded, it was voted to approve the use of the Town Seal by the Article 40 Emissions Committee for an educational brochure. Minutes Upon motion duly made and seconded, it was voted 3 -0 -1 (Cohen abstained) to approve the minutes of February 9, 2005. Upon motion duly made and seconded, it was voted 4 -0 to approve the minutes of September 12, 2005, September 14, 2005 and September 19, 2005 (Summit and regular). Executive Session Minutes Upon motion duly made and seconded, it was voted 3 -0 -1 (Cohen abstained) to approve the executive session minutes of December 17, 2004. Grant of Location — Nstar — Lowell Street Maureen Carroll, representing Nstar was asked several questions about the possibility of burying all existing wires. Ms. Carroll said it could not be done without approval of all companies that have wires on the poles and would have to be coordinated by the Town. Two citizens requested that the Board make sure the work was done properly and in a timely manner. It is expected the project will take 10 to 12 weeks to complete; it will be done in portions and the digging will be in the middle of the street. Upon motion duly made and seconded, it was voted 4 -0 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 o£ Lowell Street @ Woburn Street, southeasterly to MH22027 (Lillian Road) a distance of about 5892 feet of conduit at MH 22026; Lowell Street install eleven (11) manholes: MH28510, MH28511, MH28512, MH28513, MH28514, MH28515, MH28516, MH28517, MH28518, MH28519, MH28520. Mr. Manz arrived. Community Preservation Act (CPA) Presentation Betsey Weiss, Chair of the CPA for Lexington, and Robert Bicknell, Chair of the Housing Partnership Board, gave a presentation on the Community Preservation Act and why Lexington should participate. Selectmen's Meeting — October 6, 2005 The Selectmen felt the CPA Committee should be prepared for questions regarding the exemptions and felt the information presented should be made more understandable. The Selectmen requested the Town Manager provide a copy of the 5 -year plan to the Committee to be included as part of the presentation and that the staff should review the capital projects and validate costs. The Board also requested that the projections go through 2011 to show when there will be a drop in the percentage of matching funds. There was a question as to whether the DPW Building would qualify for CPA funds and whether only 1/3 of the School Administration Building would be eligible; Town Counsel will look into. The Selectmen will consider endorsing the CPA effort after it has an understanding of which projects are critical and everyone's numbers are consistent and brought before the Board again. Response to EOEA Denial at Hanscom Field Richard Canale, HATS Environmental Subcommittee, discussed the EOEA denial and what that means for Hanscom and abutters. The HATS Selectmen would like the towns to send a letter to the Governor and the State Senators and Representatives deploring the decision and outlining why there needs to be a public process. The Board requested that the letter be drafted and reviewed before it is voted on. Mrs. Krieger will draft a letter for the Board's review and approval at the next meeting. Upon motion duly made and seconded, it was voted to authorize the Chairman to draft a letter for review at the next Selectmen's meeting. Senior Center Action Plan Committee Charge Mr. Pagett drafted the charge from the Goal Setting discussion and with input from the Council on Aging. There was much discussion about whether this committee should look into a Senior /Youth/multigenerational facility instead of just a Senior Center because of a concern about whether the facility would be used enough to justify it for one segment of the population. It was suggested that the committee have three (3) public hearings to consider a combined facility. Marian Cohen, Chair of the Council on Aging, stated that the current site at Muzzey can only be used between 8:30 a.m. and 4:30 p.m. Monday through Friday. The new facility would have more programs in the evenings and on weekends. Also would expect that if there were any meeting rooms not being used for senior programs that other groups could use them. There is concern that this committee will have a very short time frame to complete the proposed charge prior to the Annual Town Meeting. Upon motion duly made and seconded it was voted to adopt the charge for the Senior Center Action Plan committee. Selectmen's Meeting — October 6, 2005 Mr. Pagett requested that Board members forward names to him quickly so that the committee members can be voted on at the next Selectmen's meeting. School Committee Capital Requests Dr. Ash, School Superintendent, requested that the Selectmen include on the warrant for the Special Town Meeting on November 7 an article for School Projects and Equipment. The purpose of the article is to have design work done for roof repairs so that bids can be received before the Annual Town Meeting and roof work could then be completed over the summer. Also discovered problems with heating /ventilation units at some of the schools. All schoolrooms are currently being reviewed for needs and a report will be prepared. A recommendation on the heating /ventilation needs will be presented to the School Committee on October 18 and will be discussed at the Budget Collaboration/Summit on October 24. Traffic Safety Advisory Committee Traffic Safety Ms. Vine discussed the recommendations to streamline and improve the traffic safety process in order to be able to respond to residents promptly. It is proposed that all traffic safety issues be forwarded to Gail Wagner, Transportation Coordinator. She will collect, inventory, review and make a referral to the appropriate department. The appropriate department would review and contact the citizen to understand the situation; then would be brought before the internal group for discussion within two weeks. The Transportation Coordinator would be responsible for the Committee minutes and reporting to affected committees. The integral group would consist of the Transportation Coordinator and representatives from Police, School, Planning, DPW and Engineering. This internal group would meet twice a month to review all traffic issues. Then the Traffic Safety Advisory Committee would meet monthly to resolve any issues that cannot be resolved by the internal group or need Selectmen approval. Traffic Mitigation Maryann McCall - Taylor discussed the need for a traffic mitigation group to: • initiate and coordinate negotiations with property owners to develop and implement traffic mitigation measures and /or transportation demand management programs; • recommend dispersal of TMG funds to Selectmen; • identify traffic improvement needs and prioritize traffic mitigation expenditures to address chronic problems; • advise the applicable Special Permit Granting Authority relative to mitigation measures; • oversee implementation of traffic engineering improvements to improve the capacity and level of service of intersections or streets, from the solicitation of consultants /contractors, through the management of contracts; and • issue an annual report on compliance with the accepted Transportation Demand Management and Traffic Mitigation plans. Selectmen's Meeting — October 6, 2005 Selectmen would like the charge to include critical problems like the Massachusetts Avenue corridor and to oversee implementation of RFPs and contracts. Discussed who should Chair the Traffic Mitigation Group; Selectmen felt it should be the Transportation Coordinator. Should also consider having the Parking Meter Officer as a member of the group. Ms. McCall - Taylor will revise the charge and then there needs to be a discussion between the Planning Board and the Selectmen before the revised charge is brought back to the Selectmen for approval. Parking — Nstar Property Mr. Valente discussed an opportunity for additional parking spaces behind the Edison building that Nstar is willing to lease to the town. Was hoping to bring before the November 7 Special Town Meeting, but needs to be deferred until the Annual Town Meeting in order to complete design work, soil testing, storm water management needs around drainage, and discussions with the Historic Districts Commission. Selectmen feel this is a great idea worth pursuing. Town Manager Evaluation Process Mrs. Krieger asked the Board if they were interested in using a 360 process for the Town Manager Evaluation. Selectmen were interested in inviting comments from outside boards early on in the process. Make sure include Planning Board and School Committee. There was some concern about what the categories would be and that everyone understands what they really mean. Mrs. Krieger will consult with the Personnel Advisory Board to see what other communities do. Appointments/Reappointments/Resignations Upon motion duly made and seconded, it was voted to reappoint the following: 2020 Vision Committee (3 -vear term Peter D. Enrich Ann Redman Condo Conversion Board (3 -year term) John J. McWeeney Design Advisory Committee (1 -year term) Eric Brown Bruce Creager Parker W. Hirtle Bahig A. Kaldas Alenka Slezak Selectmen's Meeting — October 6, 2005 Design Advisory Committee Associates John W. Frey Elizabeth Whitman Lexington Council for the Arts (3 -year term) Joan K. Reddy Tourism Committee (1 -year term) Lou Sideris Traffic Safety Advisory Committee (1 -year term) Steve Frymer Sudhir Murthy Gail Wagner Transportation Advisory Committee (3 -year term) Eliane Dratch Donald M. Graham Diane Pursley Fracine Stieglitz Upon motion duly made and seconded, it was voted to appoint the following: Design Advisory Committee (1 -year term) Colin P. Smith Noise Advisory Committee (3 -year term) Jeanne K. Krieger, Selectmen Representative Deborah Thompson, Board of Health Representative Upon motion duly made and seconded, it was voted to accept the resignation of the following: Human Services Committee Russell Schutt Lexington Council for the Arts Eveline Weyl Selectmen's Meeting — October 6, 2005 Meeting Dates The Selectmen decided to meet on October 24 at 7:30 p.m. instead of October 31 There will also be a Budget Collaboration/Summit on October 24 at 5:30 p.m. The Selectmen requested that the start time of the Selectmen's meeting on November 7 be changed to 6:30 p.m. because of Town Meeting beginning at 7:30 p.m. Also asked that a Selectmen's meeting be posted for November 9 at 6:30 p.m. Vote to Sign Warrant Upon motion duly made and seconded, it was voted to sign the warrant for the November 7, 2005 Special Town Meeting. Executive Session Upon motion duly made and seconded, it was voted by roll call: Mr. Cohen, Mr. Kelley, Mrs. Krieger, Mr. Pagett and Mr. Manz, to go into executive session for the purpose of discussing collective bargaining and possible litigation, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m. A true record, Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting October 17, 2005 A regular meeting of the Board of Selectmen was held Monday, October 17, 2005, at 7:30 p.m. in the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk were present. Public Comment John Rommelfanger requested that the Board look into implementing Reverse 911 in Lexington. He provided the Board with a package of information and offered his services if needed. Mr. Rommelfanger also discussed the importance of having a Director of Information Systems for voice and data to keep up with constant change and controlling issues. The Board thanked Mr. Rommelfanger for bringing the information forward and volunteering his services. Town Manager Report Mr. Valente reported to the Board that there would be a site walk at the Perkins Cement Facility on Saturday, October 22, 2005, at 12:00 noon that will be conducted by the Town of Burlington. Selectmen, Board of Health and Planning Board members are invited. Consent Agenda Use of Battle Green — Lexington Preschool PTA Upon motion duly made and seconded, it was voted to approve the request of the Lexington Preschool PTA to use the Battle Green on Saturday, October 29, 2005, from 8:45 a.m. to 11:00 a.m. for the annual Halloween Parade. Poll Vote — Use of Battle Green Upon motion duly made and seconded, it was voted to ratify a poll vote authorizing Architecture =e2 to use the Battle Green on Saturday, October 15, 2005, between 3:30 p.m. and 5:30 p.m. to film the Battle Green and Minute Man statue. Letter to Governor Romney — Crosspoint Upon motion duly made and seconded, it was voted to give permission for the Chairman to sign a letter and send to Governnor Romney regarding the proposed Crosspoint development at Hanscom Field. Pledge of Liquor License /Stock for Vinebrook Corporation and Busa Bros. Liquors, Inc. Michael Rubin, Rubin, Weisman, Colasanti, Kjko & Stein, representing Vinebrook Corporation and Busa Bros. Liquors, Inc., requested the Board's approval for a Pledge of License /Stock for both companies to use as security for the purchase of an additional package store in Reading. Selectmen's Meeting — October 17, 2005 Upon motion duly made and seconded, it was voted to approve the application for a Pledge of License /Stock for a Package Store all- alcoholic liquor license for Vinebrook Corporation, d /b /a Vinebrook Bottle Shop. Upon motion duly made and seconded, it was voted to approve the application for a Pledge of License /Stock for a Package Store all- alcoholic liquor license for Busa Bros. Liquors, Inc. Review of Proposed FY06 Water and Sewer Rate Options Mr. Valente reviewed three water /sewer rate options: 1. Option 1 - all water rates increase by 8 percent; sewer by 4 percent 2. Option 2 - water rates for 1 st block increases by 4 percent, other water blocks by 8 -10 percent; sewer rates for the 1 st block increase by 3 percent, other sewer blocks by 4 -6 percent; 3. Option 3 - three block rate structure recommended by Water /Sewer Committee (average bill would be increase of $54, or by 4.64 percent) For all options Hanscom and VA Hospital rates would increase by 8 percent; no change in municipal rates. A water /sewer rate hearing has been advertised for Monday, October 24, 2005, at 8:00 p.m. in the Selectmen's Meeting Room. Senior Center Action Plan Committee Upon motion duly made and seconded, it was voted to appoint the following to the Senior Center Action Plan Committee: Marilyn Campbell; Marian Cohen, COA; Maria Constantinides; Laura Kole; Paul Lapointe, COA; John Rossi; and Mary Lou Touart. Article Positions The Board discussed article positions for the November 7 Special Town Meeting. The Board supports Article 3, Use of Driveway on Massachusetts Avenue, and Article 4, Prior Years' Unpaid Bills. Would like to know where the money will come from for Article 4. The Board wanted to hear from the Planning Board before taking a position on Article 2, Zoning By -law, Amend CB to CD, 1720 Massachusetts. Article 5, Supplementary Appropriations, and Article 6, School Projects and Equipment, will be discussed after the October 24 Budget Collaboration/Summit meeting. Selectmen's Meeting — October 17, 2005 HATS Legal Fees Mrs. Krieger requested the Board approve the appointment of Kopelman and Paige, P.C. as Special Counsel and Special Municipal Employees. The expectation is for there to be a review of the Crosspoint project and possible litigation. Funds would be split by the four towns and Lexington's portion would come from the Selectmen Gift Account for Hanscom Litigation. The Board requested discussion in executive session regarding the litigation prior to voting on appointing Special Counsel. Town Manager Appointment — Recreation Committee Upon motion duly made and seconded, it was voted to approve the Town Manager's request to reappoint Richard R. Thuma III to the Recreation Committee. Appointments/Reappointments/Resignations Upon motion duly made and seconded, it was voted to appoint Cristina Robertson to the Town Celebrations Subcommittee for a one -year term to expire on June 30, 2006. Minutes Upon motion duly made and seconded, it was voted 4 -0 -1 (Cohen abstained) to approve the minutes of September 7, 2005. Upon motion duly made and seconded, it was voted to approve the minutes of March 21, 2005, April 25, 2005, and October 6, 2005, as amended. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of March 21, 2005 and October 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 at 8:55 p.m. the for purpose of litigation and collective bargaining, with the intent to return to open session. Resumed open session at 9:20 p.m. Selectmen's Meeting — October 17, 2005 Hanscom Legal Fees Upon motion duly made and seconded, it was voted 4 -1 (Kelley) to appoint Kopelman and Paige, P.C. as Special Counsel and as Special Municipal Employees in Lexington in relation to L.G. Hanscom Field. Senior Center Action Plan Committee Upon motion duly made and seconded, it was voted to designate the Senior Center Action Plan Committee as Special Municipal Employees. Upon motion duly made and seconded, it was voted to adjourn at 9:25 p.m. A true record, Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting October 24, 2005 A meeting of the Board of Selectmen was held Monday, October 24, 2005, at 5:30 p.m. in the Selectmen's Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk were present. Mrs. Krieger gave an overview of the evening: Selectmen will discuss the articles for Special Town Meeting. At 6:00 p.m. the School Committee, Capital Expenditures Committee, and Appropriations Committee will join the Selectmen for a discussion of the Special Town Meeting Budget Articles. The Selectmen will then have a regular meeting beginning at approximately 7:30 p.m. Preliminary Discussion of Articles for Special Town Meeting Article 4 — Prior Years' Unpaid Bills $528,177.90 is the amount needed to cover unpaid bills. Staff recommends funding with State Aid and New Growth first, then Free Cash. School Committee, Capital Expenditures, and Appropriations Committee members arrived. Recess was taken until all parties were seated. Meeting back in session at 6:05 p.m. Budget Collaboration/Summit 2 Article 4 — Prior Years' Unpaid Bills All Committees agreed they were committed to paying the unpaid bills in the amount of $528,177.90. Article 5 — Supplemental Appropriations The School Committee is requesting $847,396 for the supplemental appropriation for FY2006 expenses. The School Committee announced that they voted that the $847,396 funds would only be used for specific items requested. Any surplus of the appropriation would go back to the general fund and not to other line items of their budget. The plan is to apply the funds already appropriated for specific line items, and then apply the Special Town Meeting appropriation to the proper line items of the School Department budget. The Selectmen asked the School Committee what they would do if they needed additional funds for FY2006. Dr. Ash replied that they are looking at the Special Needs accounts and there could be a need for an additional $220,000, which they plan to cover from their existing budget. They want to live within the existing FY2006 budget as supplemented by vote of the Special Town Meeting. Selectmen's Meeting — October 24, 2005 The Selectmen asked whether the money should be appropriated at the Special Town Meeting or wait until the Annual Town Meeting. Appropriations Committee voted by a majority that the money should be appropriated at the Special Town Meeting. School Committee needs to make clear to Town Meeting and Appropriations Committee what the schools will have to do without if the $847,396 is not appropriated. There is also an obligation to let the citizens know what the total budget will be for FY2006. School Committee made it clear that they have no desire to seek additional amendments to their budget. They are not happy to be in this position. Going forward they will give clear direction to the Superintendent. They agree they need to request the appropriation now or reduce programs to fit within the actual FY2006 budget. The Selectmen felt confident and heartened by the School Committee's full disclosure and felt the new administration has capable people in place to enable the School Department to live within its budget. The Selectmen all support Article 5, Supplemental Appropriation. The motion will be worded so that $57,000 is taken from the Minuteman Tech Line Item and the rest from free cash. Article 6 — School Projects and Equipment The School Committee is requesting that this article be indefinitely postponed. The School Committee and the Capital Expenditures Committee feel they can reprioritize money from Article 30A of the FY2005 Annual Town Meeting appropriation. The School Committee will provide clear information to Town Meeting of the change. Nstar Energy Rebate Mr. Valente discussed a $254,000 rebate that the Town received from Nstar for the conservation measures used in construction of the Harrington School. The money will be deposited in the general fund. It had been assumed that it would be credited to the construction project. Town Meeting will have to appropriate the funds to the project at a subsequent Town Meeting. FY2007 Budget Guidelines Mr. Valente will be forwarding FY2007 guideline information in the near future. Next Collaboration Meeting The next Budget Collaboration/Summit meeting will be Wednesday, November 30, 2005 at 5:00 p.m. A recess was taken to allow rearrangement of the Selectmen's Meeting Room. Resumed the meeting at approximately 7:40 p.m. Selectmen's Meeting — October 24, 2005 Public Comment Lorraine Fournier is disappointed that the School Budget increases every year and the Board votes for it. The Board made it clear that each year's budget is established independently. Selectmen Concerns and Liaison Mr. Cohen and Mr. Valente met with Stride Rite last week about its expanding in Lexington. Stride Rite asked about programs that help businesses expand. Unfortunately Lexington does not have any programs, but want to make clear to businesses that we would be happy to work with them in obtaining any state grants for which they may be eligible. It is important that the Town considers including an Economic Development Office in its deliberations for the FY2007 budget. Mrs. Krieger mentioned that she and Mr. Valente attended an Economics Forum sponsored by the Massachusetts Municipal Association. There were two major speakers: 1) Barry Bluestone, Economist from Northeastern University who talked about investment in Massachusetts and the fact that Massachusetts is not investing enough in basic services to attract new businesses; 2) John Hamil, who is the Head of the Task Force on Municipal Finance, did a study that showed there is a heavy reliance on property tax. This task force recommends that there be more state assistance to municipal government. The Selectmen expect to have Representatives Stanley and Kaufman at one of the meetings in late November or early December to discuss the state of the Massachusetts budget, what the revenue projections or sources might be and whether we can anticipate any relief. Mrs. Krieger reminded the Selectmen that it is important to encourage Committees to get their budget requests built into the budget rather than as separate articles. 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 7/1/05 to 7/31/05 (Cycle 9) $216,009.14 Commitment of Water /Sewer Charges from 7/1/05 to 7/31/05 (Final Bills) $3,557.47 Commitment of Water /Sewer Charges from 8/1/05 to 8/31/05 (Cycle 9) $225,723.28 Commitment of Water /Sewer Charges from 8/1/05 to 8/31/05 (Final Bills) $28,939.26 Adjustments of Water /Sewer Charges for the period 7/1/05 to 7/31/05 - $11,224.58 Adjustments of Water /Sewer Charges for the period 7/1/05 to 7/31/05 - $26,442.62 Selectmen's Meeting — October 24, 2005 One -Day Liquor License — St. Brigid Parish Upon motion duly made and seconded, it was voted to approve the request of the St. Brigid Parish for a one -day liquor license for a fundraiser on Saturday, November 5, 2005, from 6:00 p.m. to 9:00 p.m. in St. Brigid's Keilty Hall in Mary Abegg's honor to raise money for the St. Francis House in Boston. Ratify Poll Vote — Historical Society Proclamation Upon motion duly made and seconded, it was voted to ratify a poll vote proclaiming Sunday, October 23, 2005, as Lexington Historical Society Dedication Day for the Lexington Depot. Tree Fund Expenditure Upon motion duly made and seconded, it was voted to approve the request for an expenditure from the Selectmen's Gift Account for Trees by the Tree Committee of a maximum of $315.00 to send three members of the Committee to the Tree Stewards Training Workshop at the Harvard Forest in Petersham, MA on November 4 and 5. 2 -Day Auctioneer License Upon motion duly made and seconded, it was voted to approve a 2 -day Auctioneer License for Custom Liquidators of America, Inc. d /b /a Newton Oriental Rugs on Saturday and Sunday, November 19 and 20, 2005, at the Lexington Armory from 10:00 a.m. to 6:00 p.m. Water /Sewer Rate Hearing Mr. Valente discussed the retained earnings that were certified by the Department of Revenue. Water came in approximately $400,000 higher than expected. Because of the increase, Mr. Valente is suggesting lowering the proposed water rate increase from 8 percent to 1.1 percent, which will maintain the water retained earnings at approximately $1,400,000. Sewer retained earnings increased less than $20,000 over estimate, so there is no change in the recommended sewer rate increase. Mr. Valente presented an additional option (3a) that adopts the Water /Sewer committee three - block recommendation, but lessens the "savings" to the higher consumption users and the additional cost to the lower consumption users. The average increase in water /sewer rates will be 3.1 percent or $36 per year. The Selectmen questioned whether they should consider increasing water by only 1 percent because of the expected 13 percent increase in water next year. Mr. Valente felt confident that the 1.1 percent increase in the water rate would meet the Town's need. John Bartenstein, a former member of the Water and Sewer Rate Study Committee, provided a handout to the Selectmen and asked that they consider raising the rates more significantly to ease the raise in rates for FY2007. Selectmen's Meeting — October 24, 2005 Upon motion duly made and seconded, it was voted to adopt Option 3A for the FY2006 water /sewer rates. Article Positions The Selectmen decided who would make Article Presentations at the Special Town Meeting: Hank Manz - Article 2, Zoning Bylaw, Amend CB to CD, 1720 Massachusetts Avenue Norman Cohen — Article 3, Use of Driveway on Massachusetts Avenue Richard Pagett — Article 4, Prior Years' Unpaid Bills Jeanne Krieger — Article 5, Supplementary Appropriations Peter Kelley — Article 6, School Projects and Equipment Mr. Shapiro, Owner of the Battle Green Inn, outlined the positive changes to the Battle Green proposal since the last Annual Town Meeting. He is looking for the Selectmen to support this article at the Special Town meeting. Ms. Manz, Chair of the Planning Board, said the Planning Board voted 4 -1 (Galaitsis) in favor of the project and will be providing the Selectmen a report in the near future. The Planning Board feels the project fits within the Comprehensive Plan and is responsive to the historic nature of Lexington and will also add to the tax base and provide more revenue. Mr. Bussgang, Precinct 4, discussed the amendments he would be bringing forward. They include a concern over retail parking controls, the need to post a "No Left Turn" sign inside the garage and other technical changes. The Selectmen discussed whether they would allow a loading zone on Waltham Street. The Board would support as long as available to all businesses. The Selectmen all support Article 2, Zoning By -Law, Amend CB to CD, 1720 Massachusetts Avenue. The Board appreciates the work the Battle Green has done putting the project together and listening to everyone's input. Appointments/Reappointments/Resignations Upon motion duly made and seconded, it was voted to appoint /reappoint the following: Design Advisory Committee Appoint Virginia Johnson to the Design Advisory Committee for a 1 -year term to expire September 30, 2006. Selectmen's Meeting — October 24, 2005 Town Report Committee Reappoint the following to the Town Report Committee for a 1 -year term to expire September 30, 2006: John Ayvazian Kerry Brandin Robert Morrison Audrea Simpson Zelda Sokal David Tabeling Jeri Zeder Traffic Safety Advisory Committee Reappoint Charlie Sargent to the Traffic Safety Advisory Committee as the Police Representative for a 1 -year term to expire September 30, 2006. Appoint David Crump to the Traffic Safety Advisory Committee as the School Representative for a 1 -year term to expire September 30, 2006. Commission on Disability Reappointment Upon motion duly made and seconded, it was voted to approve the Town Manager's request to reappoint Leonard J. Morse - Fortier to the Commission on Disability. Communications Advisory Committee Upon motion duly made and seconded it was voted to approve the request of the Communications Advisory Committee (CAC) to add: "to monitor and evaluate compliance of any Lexington contracted Public, Education, and Government Access Corporation" to the charge of the CAC. Final Selectmen Procedures Manual/Newspaper Box Policy Upon motion duly made and seconded, it was voted to approve the Selectmen Procedures Manual as presented. Upon motion duly made and seconded, it was voted to approve the reformatted Newspaper Box Policy. Selectmen's Meeting — October 24, 2005 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of October 17, 2005, as amended. Mr. Kelley requested that the vote regarding Hanscom Legal Fees be changed to reflect that after reading the material provided, he was in favor of appointing Kopelman and Paige, P.C. as Special Counsel and as Special Municipal Employee in Lexington in relation to L.G. Hanscom Field matter. He requested that the vote be changed to a 5 -0 vote. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of October 17, 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 at 10:20 p.m. the for purpose of collective bargaining, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m. A true record, Attest: Lynne A. Pease Executive Clerk