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HomeMy WebLinkAbout2004-03-BOS-min Selectmen’s Meeting March 1, 2004 A regular meeting of the Board of Selectmen was held on Monday, March 1, 2004 in the Selectmen's Meeting Room at 8:00 p.m. Chairman McSweeney, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. White, Town Manager, and Ms. Tap, Recording Secretary, were present. Mrs. McKenna arrived at 8:30, after attending the BOS meeting to discuss extending the Liberty Ride into Concord. Selectmen Endorsement of Senate Bills 262 and 270 Mrs. Daggett, Precinct 5, was present to answer any questions the Selectmen might have about two bills that are before the State Legislature, S262 and S270, regarding funding for out-of- district students at Minuteman Technical High School. Mr. White indicated that if the measures were adopted, they would positively effect cash flow for the Town. Upon motion duly made and seconded, it was voted to endorse S262, "An Act Relative to Tuition for Nonresident Vocational Students" and S270, "An Act Providing for Expanded Access to Vocational Education" and to request that the State Legislature and the Governor promptly support the bills and secure their passage on or before July 1, 2004. Liquor License – St. Nicholas Greek Church The St. Nicholas Greek Church has requested a one-day liquor license to sell beer and wine on April 17, 18 and 19 at their food festival. The festival will be held on the lawn of the church at 6 Meriam Street. Pamela Giannatsis, the event planner, has talked with Chief Casey, who sees no problem with issuing the license. Appropriate insurance is in place for the event. Mrs. McKenna expressed a concern about selling alcohol on Patriot’s Day. Mrs. Giannatis indicated that the church would be happy to have the liquor license for Saturday and Sunday only. Upon motion duly made and seconded, it was voted to approve the request of the St Nicholas Greek Church and issue a liquor license for their annual food festival at 6 Meriam Street on Saturday and Sunday, April 17 and 18, 2004. One-day Liquor License – Armenian Sisters Upon motion duly made and seconded, it was voted to approve the request of the Armenian Sisters' Academy and issue a one-day liquor license for a Valentine's dance to be held on Saturday, March 6, 2004 from 8:30 p.m. to 12 midnight. Selectmen’s Meeting – March 1, 2004 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of October 20 and 23, November 3, 10 and 17, December 17 and 18, 2003, and January 5, 7, 14, 21, 26 and 29, 2004. Selectmen Budget Book Submission The Town Manager’s office is in the process of completing the budget book. The board has been asked to review the draft of page XIII-4 for inclusion in the budget. Upon motion duly made and seconded, it was voted to incorporate the Mission Statement, Goals and Objectives. Tax Classification Hearing Board of Assessors Chair Bill Jackson and member Bob Foster and Assessor Joseph Nugent were present to review the property tax classification options under MGL, Ch. 40, Section 56, in order for the Selectmen to choose a residential factor, after which a tax rate for residential, commercial and industrial properties will be set. Although the Board had previously set a tax rate, it was not submitted for certification because of new legislation that changed the maximum CIP factor from 1.7 to 2.0. Board members discussed the classification amendment that allows the Board to consider three alternatives with respect to the FY2004 tax rate. The three alternatives are: 1. Selection of a minimum residential factor 2. Selection of a discount for open space 3. Granting a residential and/or small commercial exemption Mrs. McKenna arrived during this discussion, at 8:30 p.m. Upon motion duly made and seconded, it was voted not to grant a residential or small commercial exemption. Upon motion duly made and seconded, it was voted 2-3(Kelley, Kennedy, McKenna) to set the CIP factor at 1.89. The motion did not pass. Upon motion duly made and seconded, it was voted 3-2 (Krieger, Kelley) to set the CIP factor at 1.80. Selectmen’s Meeting – March 1, 2004 Liberty Ride – Status Report Mrs. McKenna reported on her meeting with the Concord Selectmen about extending the Liberty Ride's route to Concord. They adopted the idea on a pilot basis, to run from April 16 through April 25, except for Patriots Day. Town Manager Performance Evaluation - for the period March ‘03 to Feb. ‘04 The Board was unable to arrive at a consensus evaluation of the Manager. Therefore a majority assessment as well as two minority reports were prepared. Mr. McSweeney read a summary of the majority report (McSweeney, Kennedy, Krieger), which rated Mr. White's overall performance as outstanding. Richard J. White Town Manager Evaluation Summary Assessment—Majority Report Outstanding The majority of the Board expects the Manager to direct his highly professional staff to efficiently and respectfully implement the policies we have adopted. Over this year, Rick has continued his record of exemplary leadership for the Town. Effective management of the Town’s finances, responding to downsizing of the municipal staff and his ability to motivate his staff under dire conditions speak to his achievements and the effectiveness of his approach to issues. His accomplishments this year have been extraordinary given the extraordinary circumstances imposed by the downturn in the economy. We are lucky to have him and wish that he continue his good work. Town Manager Evaluation Minority Report Prepared by Peter Kelley After serving on the Board of Selectman for the last 12 months, my overall view of the Town Manager is below expectations. The process of evaluating his performance is based on 6 criteria. 1. Management of town finances My belief is the ‘04 budget did not reflect a true assessment of lower state revenue, local receipts and the considerable snow deficit. There was too much dependency on the hoped-for success of the override. When it failed, Rick took unilateral actions that were not communicated to the Board. I expected a much more thought-out plan would have Selectmen’s Meeting – March 1, 2004 been presented. I was also disappointed that more emphasis of the problems associated with the Early Retirement Initiative and the use of the Pension Holiday to balance the ‘04 budget were not forthcoming. Both these actions I opposed and feel they have left Rick and the Town with only compounded fiscal challenges for ‘05. These things, along with the financial burden of debt service and operating costs of the new library, have never had an honest assessment relative to the impact on future operating budgets. All these problems we must now come to terms with. My belief is that one of the main reasons we’ve gotten into this dilemma is not having a clear division between the duties of the Town Manager and the Comptroller. The Town Manager’s Act specifically separates these duties, making both directly accountable to the Selectmen. If this were the case in practice I believe we would have had clearer and distinct information presented that would have led to different results. I hope in the future the Selectmen will appreciate the value of having these positions more clearly separated. 2. Communication with Selectmen I do not think Rick is forthcoming enough with information to keep us properly informed of financial consequences from policy decisions. We are regularly working in a reactionary mode rather than a proactive position. Specifically, the handling of layoffs last June after the failed override, the delay in implementing raises for staff which were funded for fiscal ‘04, the fallout from the Early Retirement Initiative and the settlement of health benefits beyond fiscal ‘04 have left me feeling disconnected. 3. Communication with other boards, committees and officers I cannot speak for other boards and committees. I believe they should be asked. Rick has always been supportive and helpful to me in my work on other committees over many years. I do believe he should be more connected to the policies and positions of the school department and the School Committee. Since their costs represent 2/3 of the Town’s discretionary operating budget it is essential that we know the fiscal consequences of these actions. 4. Negotiations of contracts with bargaining units and vendors Here I think Rick has a good understanding of the dynamics of how these relationships work. However, he does not fully share this information with the Board. My view of serving the best interests of the town is to serve the best interests of the taxpayers not the government, per se. Many times I feel that Rick operates like a Mayor without having the same level of political accountability. 5. Community relations I would not necessarily expect Rick to be meeting with community groups. I believe staying connected to the citizens is one of the jobs of this Board. I would like us to consider holding occasional informal meetings, perhaps on Saturday’s, simply to let Selectmen’s Meeting – March 1, 2004 citizens discuss any areas of concern or interest. Nevertheless, Lexington being the type of town which has a large number of proactive citizens, one must expect the desire of many citizens to want contact with the Town Manager. I believe Rick handles these demands fairly well. 6. Personnel and staffing I don’t feel particularly qualified to speak on how he utilizes and interacts with his staff. My observations are that his staff respects him and the challenges of his position. He seems to manage many issues and personalities well enough to keep Lexington going day-to-day. To me, particularly after considerable staff reductions from the failed override and early retirement, doing so is certainly to his credit. In conclusion, my overall assessment and observations from my first year on the Board is that Rick is challenged by the lack of consensus on issues and policies the Board is asked to take a position on. Added to this dilemma are the consequences of the failed override, the need to adjust to the Early Retirement Initiative fallout and the weak fiscal outlook. I believe Rick finds himself in a most difficult position. Lexington is going through some challenging times. Rick clearly is, too. Trying to cope with the demands of addressing the community’s disconnect with its leaders and the fiscal crisis everyone is facing is not an easy task. He and the Board are unfortunately operating in a reactionary mode. He has to quickly deal with the restructuring of day-to-day and department-to-department operations and then work with the Board to chart a plan for fiscal ‘05. He must present a transparent view of operating costs for municipal services and lay out the expectations of meeting service needs and the cost they will have. He must focus on the priority of closing out the ‘05 budget process and push the Board to make funding decisions, priorities and plan to communicate them to the citizens. All this must be done in short order. This being said, I believe we all must look at this difficult time as one of opportunity. Rick has to feel this way, too, or Lexington will not move forward in a positive way. The first order of business is to restore a sense of trust in the citizens we serve. We must be accountable to them and be sure they feel they are being fairly treated. In my view, this will only happen with an honest and detailed presentation of the ‘05 fiscal budget and an override question that lets the citizens have choices and feel vested in the outcome. This should not include leaving essential services at risk. Priorities must be made and Rick must guide us, with his staff, and see that service levels are responsible and as cost-effective as possible. This is a critical time for Lexington, its leaders and its manager. The future has great promise but also many possible pitfalls. Accountability is the bottom line. Things must change for the better. I feel they will. Selectmen’s Meeting – March 1, 2004 Performance Evaluation of Richard White March 2003-2004 Minority Report prepared by Dawn E. McKenna Pursuant to its responsibility under the Selectmen/Town Manager Act, the Board of Selectmen evaluates the Town Manager annually. It is one of the most important duties we have as Selectmen. Lexington is going through some challenging times. This is a critical time for Lexington, its leaders and its manager. The evaluation is a tool for accountability. The following summarizes comments I shared with the manager regarding his performance this past year. MANAGEMENT OF TOWN FINANCES The FY04 budget did not reflect the true picture of state revenue projections, local receipts, deficits from snow, the consequences of ERI, nor the projection of costs going forward. The fact that we were forced into a fall special town meeting to deal with these projections was troubling. The Board must be kept aware of operation costs from policy changes. An honest and detailed presentation of the FY05 budget from the manager is essential if we are going to receive support from the community. The manager must make a commitment to consulting the Board in its role as policy makers. The manager has not demonstrated his support for community values in his budget recommendations or in his actions. For example, Rick worked to close the East Lexington Fire Station, minimized police protection, has failed to embrace the historical significance of the Town, and has worked to undermine the leadership of the superintendent. This year’s budget focus should embrace the values of the citizens. COMMUNICATION WITH SELECTMEN Rick does not provide satisfactory input to the Board of Selectmen to allow good decision- making. We are not voluntarily provided with accurate information. We are also not given information in time to adequately prepare for meetings and decision-making. Rick continues to have difficulty accepting the authority of the Board of Selectmen or the provisions in the Selectmen/Town Manager Act that allows Rick to take action “with the approval of the Board of Selectmen.” Rick must do a better job of seeking approval of the Board of Selectmen before he acts. For example, Rick failed to communicate a plan of action for an override failure. The day after the override vote, and, without providing the Board with an outline of options first, Rick took immediate action to terminate employees. This caused significant and unnecessary upheaval to the employees and citizens and left ongoing work in limbo. Selectmen’s Meeting – March 1, 2004 In addition, the manager continues to exclude the Board’s Executive Clerk from important communications and fails to provide her with necessary documents. COMMUNICATION WITH OTHER BOARDS, COMMITTEES. AND OFFICERS Rick makes a good effort at supporting the work of the many Boards and Committees throughout the Town. He should continue to work at providing our volunteers who work on numerous committees, accurate and timely information so that they too can support our decision making. Rick has made some efforts to work together with the School Department. Various joint municipal and school projects are underway. However, those efforts are undermined when the manager fails to communicate with the superintendent on keys issues such as: status of health insurance negotiations, and having a site visit for a former school superintendent that involved staff under her supervision during the work day. NEGOTIATIONS AND CONTRACTS WITH BARGAINING UNITS AND VENDORS Rick operates unilaterally and without consultation with the Board of Selectmen. There have been examples when he has inappropriately interacted with vendors. In one example, Rick wanted a contractor to sign away his first amendment rights because Rick did not like what was stated in a public meeting. We are in the process of negotiating all contracts. In order to protect the “best interest of the Town” we have to be accountable to the taxpayers. Rick needs to keep that goal in mind. Specifically, he needs to work better with the School Committee and Superintendent and include them in the discussions around health insurance and labor contracts. COMMUNITY RELATIONS Being the type of town that it is, we have a large number of pro-active citizens. On several occasions the Board has had to facilitate meetings between citizens and staff who felt they were being stonewalled. Rick’s proposal of a centralized customer service desk is a step in the right direction, provided it does not become a way of avoiding contact with the public. Rick needs to continue to balance the needs of the citizens and their desire for access. PERSONNEL Staff morale is at an all time low and the manager isn’t creating an atmosphere to retain personnel. Rick is seen by some as taking care of his “favorite” employees. Employees have been observed shaking or distraught after being scolded by the manager. Specific examples were shared with the manager. We have some incredible dedicated and devoted employees who should be treated by the manager professionally and who have the right to share their opinions with the Board of Selectmen without fear of reprimand. Selectmen’s Meeting – March 1, 2004 SUMMARY ASSESSMENT - UNSATISFACTORY Over the years I have reviewed the manager’s performance, the same themes arise: disrespect for the citizens, control of information, management by intimidation, and a failure to understand or embrace community values. At some point, the leader needs to take responsibility for the problems within the system. Rather than accepting this responsibility and working on ways of improving his administrative style, he has a tendency to blame the Board or its individual members for his mistakes. That is not leadership. Rick needs to work towards restoring a sense of trust in the citizens we serve. Rick’s performance at this time is unsatisfactory. Mr. McSweeney read the full Majority Report. Town Manager Evaluation Majority Report MANAGEMENT TOWN FINANCES —5 Outstanding Performance The Manager uses an inclusive process for development of his budget. The manager and his staff are to be commended for their open, comprehensive preparation of the FY05 budget. The budget book is repeatedly awarded the highest accommodations by the Government Finance Officers Association. The Town has retained it AAA rating, a tribute to his astute and responsible oversight of the budget each year. Recently the Town sold bonds at 2.33%, resulting in significant savings. Moody’s has given the Town a notice of negative rating due to the Selectmen’s policies of using reserves to balance the budget and relying on the pension holiday to balance the FY2004 budget. The Town Manager advised the Board not to use Water and Sewer reserves to reduce the rates and advised the board against relying exclusively on the pension holiday to balance the FY2004 budget. A majority of the Selectmen holds ourselves, and not the Manager, accountable for incurring Moody’s negative advisory. The Manager has acted swiftly to recommend policies that will build reserves and respond to Moody’s concerns and thus continue to concentrate on the Town’s Long Range fiscal stability. The Town Manager and his staff have used creative approaches in developing proposals for delivering services with limited resources, e.g., the out-of-the box suggestions, combining positions and looking to intra- and inter-municipal cooperation. He is aware of practices in other communities and proposes the best of these for Lexington. He has been highly successful in dealing with diminishing resources. Selectmen’s Meeting - March 1, 2004 The Manger is alert to trends. He advised the Board of the pending classification legislation and recommended that we defer setting the tax rate until the legislation was enacted, thereby providing the option to stabilize residential tax rates. COMMUNCATION WITH THE BOARD OF SELECTMEN—5 Outstanding Performance Rick is conscientious about sending “heads up” e-mail and letting us know about developing situations. We read “the whole Board’s policy” to mean that Rick considers the prevailing and majority view to represent policy, and does not choose or represent the point of view of any one individual member. He and his staff respond to requests for information. Given the demands of serving five masters, Rick and his staff strive to make each of us feel we have their undivided attention. When necessary they take limit-setting steps when a Selectman oversteps bounds or seeks inappropriate individual authority. We know of no situation in which the Manager has failed to follow the will of the majority of the Board. We commend the Manager on his timely and thorough reports. We feel we have the information necessary to make decisions. He makes recommendations and supports the Board’s decisions. The Manager has followed through on policies and actions under difficult and often hostile circumstances. His implementation of the layoffs following the failed override was decisive and well-planned as was the implementation of the Early Retirement Initiative. COMMUNICATION WITH OTHER BOARDS—5 Outstanding Performance Rick and his staff have been extremely cooperative in sharing the budgeting process in an open collaborative process. The end result of the dialogue is a vastly improved product, because of the give and take of the interaction between the Manager, the Finance Boards and the School Committee. The Manager and the Superintendent of Schools have a close working relationship as evidenced by the collaborative programs advanced: MIS shared services, the youth services proposal and continued examination of shared maintenance functions. The Manager respects the autonomy of the Regulatory bodies. e.g., Conservation and Board of Appeals. He is respected by the elected boards for his continued support and that of his staff NEGOTIATION WITH BARGAINING UNITS AND VENDORS—5 Outstanding Performance We are impressed by Rick’s ability to negotiate vendor contracts that are favorable to the Town. He has a strong reputation as a fair, tough negotiator. Periodic updates of the progress of labor negotiations will benefit all parties. This year the manger’s skills were manifest in four significant areas: • Strong and appropriate response to a vendor’s attempt to take unfair advantage of the Town in the Lincoln Field installation • Successful Coalition Bargaining to reduce Health Care benefits • Good vendor selection and management of the road resurfacing contract Selectmen’s Meeting – March 1, 2004 • Negotiation with the Senior Management Staff Association, a situation that was thrust upon him due to the positioning and undeserved criticism of the staff by one Board member. COMMUNITY RELATIONS—5 Outstanding performance Most people who discuss their interactions with Rick have felt fairly treated and have been impressed by his warmth and abilities in identifying and solving problems. Generally, when a constituent, who is not a participant on Town Committees, seeks out Rick it is because of frustration with the implementation of a policy or procedure. Rarely is Rick stopped on the street and told, as he should be, what a fine job he is doing. People come to Rick with issues and their own agenda. These interactions because of their inherent conflicting nature are often not totally satisfactory. Rick works hard at addressing citizen concerns. It is unrealistic to think that all 30,000 citizens will be happy all the time. This year has been particularly difficult because of the failed override and the impact of the early retirement initiative. The Manager, as chief operating officer, has become the focus of discontent resulting from reduced services. He has done an admirable job of maintaining morale and assuring a high level of commitment by his staff to the community under very difficult circumstances. He has worked hard to accurately represent the Selectmen’s policy decision in public, particularly in publishing the components of the override and the impacts of the failed override. This was an outstanding product that took a very complex subject and made it understandable to those of the public not familiar with the issues. The proposal to centralize customer service is a good step toward maintaining community focus with limited resources. PERSONNEL—5 Outstanding This is one of Rick’s strengths. His management teams, both Senior and Middle, are outstanding and high performance models. He wants his managers to succeed and empowers them by delegating responsibility and sharing his span of control, providing the appropriate support and guidance as needed. There is genuine respect between Rick and his staff. Team spirit, camaraderie and trust prevail. The Town benefits from this positive working environment. The staff is willing to try new approaches, because they know they will be supported by their colleagues. Consequently their approaches to problem solving are bold and imaginative. Rick encourages his staff to grow professionally and he encourages them to participate filly in the process. Respectfully submitted, Leo McSweeney, Jeanne Krieger, Bill Kennedy Selectmen’s Meeting – March 1, 2004 Upon motion duly made and seconded, it was voted to adjourn the meeting at 10:20 p.m. A true record, Attest: Elissa M. Tap Recording Secretary Selectmen’s Meeting March 8, 2004 A regular meeting of the Board of Selectmen was held on Monday, March 8, 2004 in the Selectmen’s Meeting Room at 7:30 p.m. Mrs. Krieger, Mrs. McKenna, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Mr. White, Town Manager; and Ms. Pease, Executive Clerk were present. Reorganization of the Board Executive Clerk Lynne Pease opened the meeting. The first order of business was the election of a Chairman. Mr. Kelley nominated Mrs. McKenna. There were no further nominations. Upon motion duly made and seconded, it was voted 3-2 (Krieger and Kennedy) to appoint Mrs. McKenna Chairman of the Board of Selectmen. Mrs. McKenna made the following statement: “Thank you for giving me the opportunity to serve in this new role. I would also like to thank all of the candidates who were willing to serve this community. It is not easy to put yourself up to public scrutiny. I hope each of you will continue to share your ideas and stay involved. In particular I would like to thank Leo McSweeney. Leo served this Board for 15 years because he loves this community. Would you join me in acknowledging the many contributions he has made throughout his years of service? [Standing Ovation] Last week’s election was the best community building event Lexington has had in a long time. Over 1000 volunteers were holding signs, engaging in conversation, sharing food and drink. Every citizen had a candidate who represented his and her views. The election is a perfect opportunity to build on what I hope will be the hallmark of my leadership – the value and importance of each resident. As Chair, I now take on the responsibility for making sure the public and my colleagues get adequate, accurate and clear information. I will set in place a process for fair debate, and work closely with the Town Manager to serve the Town. Together, Rick and I will communicate with the Board and be sure they have the tools they need to make informed and timely policy decisions. As we move forward I welcome participation in discussions and debate, but I ask that we keep our attention on both the issues and the future. We can disagree on policy, but we all share a common bond – we love our hometown of Lexington. Let us work together and stay focused on the things that unite us.” Selectmen’s Meeting – March 8, 2004 Selectmen Liaison Reports Human Services Mr. Kennedy reported that the Human services committee is working out the membership criteria for the youth services committee. They are working with the schools and expect to come before the board with a proposed charge sometime in March. Fair Housing and Human Relations Committee Mr. Kennedy reported that the Fair Housing and Human Relations Committee is working on changes to their charge that came about when they started working with the Housing Partnership Board. Policy Manual Committee The Policy Manual Committee discovered that the existing regulations state that time limits should be included on the agenda. Mrs. McKenna will be including time limits on this and future agendas. Article Positions The Board took positions on the following articles: Article 4 Zoning Bylaw, 12-18 Hartwell Avenue Support 5-0 Article 5 Zoning Bylaw, Rangeway Support 4-1 (McKenna) Article 10 Zoning Bylaw, 125, 131 and 141 Spring Street Support 5-0 Article 19 Water Distribution Improvements Support 5-0 Article 20 Sanitary Sewer Improvements Support 5-0 Article 30 Hanscom Air Force Base Resolution Support 5-0 Article 35 Military Pay Act Support 5-0 Article 36 Transfer of Property to LexHAB Support 5-0 The Selectmen’s Office will contact proponents regarding making a presentation at an upcoming Selectmen’s Meeting for some of the articles on which we have not yet taken a position. Budget Update Total expenditures budgeted at this point is $126,498,643, which includes a projected override of $4.910 million. $340,000 of which is for replacing technology or PC equipment at the schools and town ($290,000 for schools and $50,000 for municipal). This would be an annual recurring need. Currently the Town portion of the $4.9M override would be $1,298,515 plus the $50,000 for capital technology equipment. This number also includes two changes from discussions at the summit: 1) the cash capital number is $1,000 higher; and 2) the library number is a $474 difference in what was presented to you for rounding purposes. Selectmen’s Meeting – March 8, 2004 The Town Manager proposes the following to come up with the $260,000 needed to fund the public safety items at risk and the schools highest priority. The goal was to keep the free cash appropriation at the zero balance. Proposal is to take $20,000 from the overlay, $52,000 that was no longer need for the Liberty Ride, state aid for Quinn reimbursement for the police officers that we are hiring back, and taking the full amount of parking funds that we collect on an annual basis to make up the $260,000. The Manager will supply information on these suggested changes to the Selectmen for its discussion at the next meeting. Need to clarify vote taken at the summit regarding the obligation to find $260,000. The Board discussed the cost-of-living and expense items that the Appropriations Committee felt were not appropriate to put on the at-risk list. Mrs. McKenna asked the manager to get input from staff on where substitutions could be made within the base budget. Mr. White would like to see suggestions from the Board because he feels the staff and himself would not be able to come up with any suggestions the Board would like. The Department Heads would have to make priority decisions in their budgets and they would most likely do without in the field. The Board was asked to get suggestions of possible cuts to the Selectmen’s Office by next Thursday in order to put in packets for next meeting. The Board needs to make final decisions on the budget at the next meeting. Resignation of Recording Secretary Elissa Tap submitted her resignation from the position of Recording Secretary effective March 22, 2004. Mrs. McKenna thanked her for her service. Mrs. McKenna feels the Board should work quickly to cover this function. The question is whether we want to advertise the position strictly as a recording secretary, or do we want to consider a different model that would give us the ability to have someone in the office a couple of hours a day, and keep it as a part-time position. Mrs. Krieger feels the Board should post a job for a full-time position that includes coverage of meetings. That would be a single position in the Selectmen’s Office that does the work of the Executive Clerk as well as covering the meetings. We should determine what other duties may or may not be able to be covered by that single position. Mr. Kennedy agrees and Board has to be careful not to increase the cost of providing the service. Mrs. McKenna asked if the Board would agree to posting a part-time position that will cover the meetings and maybe leave some flexibility in the language and see what kind of applications we can get to cover the position. Selectmen’s Meeting – March 8, 2004 Mr. Kennedy and Mrs. Krieger are okay with a temporary solution until the end of the fiscal year, but the Board needs to examine the position and determine how much service we actually need and what the best way of servicing the Selectmen’s office is on a long-term basis. Mrs. McKenna asked if the Board would authorize her to work with the Executive Clerk to put together a description to try and take care of the immediate problem and allow some flexibility to have some further discussions after Town Meeting. Mr. Kelley is hopeful that the Board could look to a shared position. Mr. Pagett asked about how hiring a part-time employee would fit into out current budget. Mrs. McKenna explained that Elissa was paid on a time and a half basis because she is already a full-time employee of the town. The thought would be that we could hire someone on a part- time basis at straight time and get better coverage within the same budget. Part of the difficulty was she was strictly being paid for the hours she spent at meetings and the hours she spent doing minutes and there was no kind of check on that because it was done outside the work regular times. If you have someone who’s job it is to be in the office and doing the transcription as well as helping with some of the other services that might be a better working model. The other thing that is important for us to note is that under our rules and regulations it specifically says we hire our Executive Clerk and to the extent that the Executive Clerk needs assistance that is something that the Executive Clerk would hire with our approval. Upon motion duly made and seconded, it was voted to authorize the Chairman and Executive Clerk to explore possibilities within the FY04 funding limitations to cover the Selectmen’s need for minutes taking and transcribing and to be bring the matter back before the full Board in June. Tax Deferral and Exemption Study Committee Mr. Kelley brought before the board an updated charge for the Committee. The revised charge includes opportunities to look at some ideas that are being advanced, some pending legislation and some existing legislation that would include the consideration of tax exemptions for seniors. The revised charge also includes taking a look at the limited portion of assessment, it will require a considerable amount of study and information gathering and will not be something that will be discussed at this Town Meeting. Mrs. McKenna stated that the committee felt that the original charge was very narrow and limited they are asking if the Selectmen would broaden the charge so that they could consider more options, such as the impacts of a portion of assessment and other legislation that is out there. Mr. Kennedy is worried about asking this committee to do that. Right now the revised charge is a crisp and doable function and they will come up with fairly timely result. The new item would bog them down. Selectmen’s Meeting – March 8, 2004 Mr. Kelley is focusing on Articles 31 and 32 coming forward to Town Meeting. The revised charge includes looking at deferral and including exemptions of things presently out there that give options that Town Meeting can consider. It was suggested that when the committee broadens its scope that it think about broadening the membership. There has been a very lively debate on the $100,000 exemption and the Committee needs people who are both in favor and who are opposed to it as part of the committee that considers it. The Committee will come back to the Board after Town Meeting if they think the membership should be increased. Upon motion duly made and seconded, it was voted to approve the revised charge leaving the membership at 5. Appointments Upon motion duly made and seconded, it was voted to appoint Rodney Cole to the Tax Deferral and Exemption Study Committee. Letter to Current Lexington Restaurants without Liquor Licenses The Selectmen’s Office has already received requests from restaurants about the reduction in the 99-seat requirement to receive liquor licenses. Mrs. McKenna felt it would be appropriate and a nice communication from the Board if the Board would be willing to send a letter to our current restaurant owners to inform them of the overwhelming support the community gave to them and to inform them of the process if they are interested in obtaining a liquor license. There are several establishments who indicated they are interested. We do have quite a few licenses available, both all alcohol and beer and wine. The Board should clarify with Town Counsel regarding the establishments in town that allow people to bring in liquor. The Selectmen requested a breakdown of the existing liquor licenses and how many licenses remain. Upon motion duly made and seconded, it was voted to have the Chairman sign and send letters to restaurants regarding having less than 99 seats and the process for applying for a liquor license. Selectmen’s Meeting – March 8, 2004 Letter to Banking Commission Regarding Eastern Bank Mrs. McKenna saw an advertisement in the newspaper put out by the FDIC asking for any comments on the application of Eastern Bank to put an establishment at Depot Square. Many citizens have come to me and asked if there is anything we could do to oppose, given the number of banks that are within that 790-foot lot of this building. She called Eastern Bank to let them know that this would be taken up and also called Mr. Manganello, who is the owner of the building, he is out of town but John Farrington, his representative, sent a letter to the Board strongly requesting the Board to reconsider sending a letter to the Massachusetts Banking Commissioner objecting to Eastern Bank’s proposed lease. Mr. Warren Bowes from Eastern Bank was in the audience and available to answer any questions the Board may have. Mrs. McKenna asked how can the number of banks in Lexington Center remain profitable and how does that benefit the community. Mr. Bowes said is up to the customers to decide if it is a benefit to them. In Lexington we have over 70 customers who are business customers. We have nearly 600 consumer accounts now, which is why we are putting in a branch office. The success of a bank branch will depend on the amount of its deposit base and every bank in town is so far over the breakeven required for a branch facility. They are all profiting and the customers from Lexington benefit from that competition. The closest Eastern Bank branch is Burlington. The Selectmen felt the letter should not be sent because it is outside of the Selectmen’s jurisdiction. The board should not get into the role of trying to determine what kinds of businesses are located in the center. If there comes a time where a majority of the Board wants to move in this direction it will have to be through appropriate changes to zoning. Mr. Mehr, Precinct 3, suggests the Board leverage the knowledge that exists in those studies and to ask Town Meeting to propose zoning by-laws be changed. Urged the Selectmen give no more than 60 days to the Lexington Center Committee to come back to the board with a draft that would change the zoning. Mr. Sandy thought a zoning change had been done through a parking regulation and the Selectmen should check into. Mr. Turner, Precinct 4, asked the Selectmen how it would address diversity of business in Town. The Selectmen should ask the business owners in town as to their thoughts and possibly attend the Wednesday morning business meetings. Mr. Kelley appreciates the challenge of trying to have a diverse center, but this represents a broader issue. The Selectmen, Planning Board, Lexington Center Committee, Chamber of Commerce, and members of the entire retail community have to come to terms with the amount of commercial real estate to accommodate the interests of the citizens in the center. It might be a vehicle by which we would allow consideration for additional uses or varied uses in the center through a process of Board of Appeals approval. Selectmen should Selectmen’s Meeting – March 8, 2004 relay concerns that we are getting and ask the Lexington Center Committee to look into this and have them report back to us in the fall on how we can address this concern. Mr. Michelson, Precinct 8, hears the comments from the public that Lexington does not need another bank. He hopes it might get the message out to other landowners that we really are not in favor of leasing out property to another financial institution such as banks and in some way get more diversification. He would love to see the letter go out but understands why it should not. Mrs. McKenna thanked Mr. Bowes for coming to the meeting and indicated this is nothing personal against Eastern Bank. We certainly like small establishments and hopefully you will hear the concerns of the residents and do some very good things to support the community as you come in and become part of the community. Since there are four members of the Board who are not prepared to send this letter, we will relay to the Center Committee that the Selectmen would like them to come back to the Selectmen with a overall plan for managing the Center. The Center Committee now has a member who is an urban planner that consults in other communities and has talked about various ways to create an overlay district. Consent Agenda Upon motion duly made and seconded, it was voted 4-0-1 (Krieger abstained) to ratify a poll vote on March 3, 2004 appointing Dawn McKenna as Acting Chairman until the Board’s meeting on Monday, March 8, 2004. Upon motion duly made and seconded, it was voted to approve the request of the Pastor’s Fellowship to use the Battle Green for National Prayer Day on Thursday, May 6, 2004 from 11:30 a.m. to 2:00 p.m. Executive Session Upon motion duly made and seconded, it was voted by roll call vote: Mr. Kelley, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy, and Mr. Pagett to go into executive session for contract negotiations with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 15, 2004 A regular meeting of the Board of Selectmen was held on Monday, March 15, 2004 in the Selectmen's Meeting Room at 7:30 p.m. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett, Mr. White, Town Manager, Mr. Lahey, Town Counsel, and Ms. Tap, Recording Secretary, were present. Public Comment Andy Friedlich, TMM Precinct 5, stated his belief that Lexington Center is in an economic crisis condition and needs serious attention. He referred to a recent article about the center that appeared in the Boston Globe Northwest section. A ninth bank might be coming to one of the vacant spaces in the center. Selectmen Liaison Reports Center Committee Mrs. McKenna indicated that a letter has been written to the banking commissioner regarding the number of banks in the center. The committee continues to look at ways to improve the center. Shop owners have indicated to her that not enough Lexington residents shop in the center and she urged everyone to support local merchants. Especially since it is local merchants who are asked to donate to local charities. Patriots Day Mrs. McKenna reported that a number of people had the opportunity to see a showing of a Public Broadcasting System documentary about the people who reenact the events of April 19, 1775. It will be shown to the public on April 19, 2004 at 9:00 p.m. and at various other times in April. She thanked the Lexington Historical Society and the Lexington Minute Men and especially Steve Fiorentini, owner of the Lexington Flick for showing the film in the theater. Liberty Ride Mrs. McKenna reported that the balance in the Liberty Ride account is very close to zero. She thanked everyone who contributed to the Liberty Ride and urged others to help us bring down the balance. Selectmen Liaisons Mrs. McKenna indicated that rather than just assigning liaisons, she asked her colleagues to let her know which committees they would like to act as liaison to. A list was provided in the meeting packet. Budget Proposed Changes - Selectmen Mrs. McKenna reported that Mr. Kennedy has asked that $14,839 for CMARC be placed back into the base by reducing the Selectmen's budget by a similar amount. Selectmen’s Meeting – March 15, 2004 Mrs. Krieger would like to place $146,279 of non-discretionary expenses that are currently on the at risk list ($100,000 of library and senior center cleaning and the list identified by the Appropriations Committee) into the base budget. She would then place the restoration of three police officers totaling $167,349 onto the at risk list. Mrs. McKenna then presented a series of suggested cuts, items to be placed at risk and items to be protected in the base budget. Mrs. McKenna expressed her hope that the decision made tonight would be the last before the budget is presented at Town Meeting. Mr. Pagett supported the restatement of the HDC and Board of Appeals clerk positions, which provide important services to residents. Regarding DPW's $100,000 request for outsourcing cleaning services for the new library and senior center, Mr. Pagett said he had been in communication with Mr. Hadley but was still not convinced that that amount is warranted. Mr. Kelley commented on the number of choices for senior day care now available that might permit that item to be placed at risk so residents can make the decision of whether or not the town should provide the service. Relative to yard waste pickup, he suggested that more people might compost on their own property if town pickup were not available, which would be a good thing. Upon motion duly made and seconded, it was voted 3-2 (Krieger, Kennedy) to approve Mrs. McKenna’s proposed changes. Upon motion duly made and seconded, it was voted 3-2 (McKenna, Pagett) to place $70k for curbside yard waste pick-up at risk and put into the base $32k for the manager intern and $38k added to DPW personal services. Recording Secretary Mrs. McKenna asked how the Board would like to dispense with the money left in the Selectmen's personnel budget and how they would like to deal with the need for a recording secretary. Mr. Kennedy indicated that the Selectmen should not hire someone else for their office in the face of all the personnel cuts in other departments and that a full-time person who also attends the meetings would be best. Mr. Kelley indicated that he still wants to have someone in the Selectmen's office who attends the meetings and relays information from the meetings to the Executive Clerk, thus avoiding the "disconnect" he believes has been in evidence over the past 10 months. Mrs. McKenna suggested that we hired that a part-time person to attend the meetings and also works four afternoons in the office for less than 20 hours a week. Selectmen’s Meeting – March 15, 2004 Mrs. Krieger indicated that she favors one full-time person in the office who also attends the meetings. It would be setting a very poor example for the Selectmen to hire another person when so many positions have been cut. Upon motion duly made and seconded, reducing the Selectmen’s personal services was defeated it was voted 3-2 (Krieger, Kennedy). Parking Meter Funds Mr. White explained that there was an additional sum of $87,000 in parking meter funds available for appropriation. Lexpress Sara Arnold, Co-Chair, Transportation Advisory Committee (TAC), explained TAC's concern that there is no funding in the base budget for transportation services. Lexpress will lose the MBTA matching funds grant if the town does not appropriate at least $40,000 for transportation services, which would put Lexpress in the same situation it was in last year. Mrs. Arnold also indicated that the town is sending a very mixed message to developers who are being asked to give money to support Lexpress, in particular Patriot Partners and AvalonBay, with whom the town is negotiating as we go into Town Meeting where their rezoning petitions will be voted. Mrs. McKenna suggested using $40,000 of the parking meter funds to provide the matching requirement. Mr. Kennedy indicated he would not support using free cash due to Moody's warning about the Town's AAA rating. Mr. Pagett indicated that he would favor putting Lexpress on the at-risk list for the residents to decide on in an override. Mrs. Guttag spoke of the importance of Lexpress to students. Upon motion duly made and seconded, it was voted 3-2 (Pagett, McKenna) to shift from the base budget items M1 (request for restoration of regulatory support clerk for HDC and ZBA - $33,000), M28 (DPW request to restore overtime for center cleaning, street-line painting, weekend trash collections, and emergency and time sensitive work - $25,000) and M33 (DPW request for restoration of street light overtime - $20,000) to the at-risk list, for a total of $78,000 for transportation services in the base budget. Fire Chief Appointment Mr. White introduces Acting Fire Chief Bill Middlemiss, who was congratulated for his appointment as the permanent Fire Chief. Selectmen’s Meeting – March 15, 2004 Supplementary Appropriation – Fire Truck It was agreed to discuss the Fire Truck issue at the March 22 meeting. Articles Positions Article 14, Operating Budget Upon motion duly made and seconded, it was voted to support Article 14, Operating Budget, as currently constructed. Article 18 – Capital Projects and Equipment Upon motion duly made and seconded, it was voted to support Article 18a, Building Envelope, but to revisit the $100,00 for the visitor center electrical upgrade. Mr. Kelley expressed his misgivings about buying the screener, proposed for use at the composting center, under Article 18(b), as it seems like a lot of money to spend for a 3-4 months/year operation. It was agreed to ask staff to provide a business plan for use of the screener. Upon motion duly made and seconded, it was voted to support Article 18b, Public Works Equipment, except for the $130,000 for the screener and to restore $90,000 for a five-wheel dumper and $44,000 for a one-ton truck. Upon motion duly made and seconded, it was voted not to support Article 18c, DPW Operations Facility. Upon motion duly made and seconded, it was voted to support Article 18d, Street Related Improvements. Upon motion duly made and seconded, it was voted to support Article 18e, Storm Sewer Improvements Upon motion duly made and seconded, it was voted 2-3 (Pagett, Kelley, McKenna) not to support Article 18f, Traffic Improvements. There were too many questions related to the Maple Street/Mass. Avenue intersection. Upon motion duly made and seconded, it was voted to support Article 18g, Sidewalk Improvements. The Board would like to know if there is a priority list of sidewalks for improvement. Upon motion duly made and seconded, it was voted to support Article 18h, Playground and Recreation Facilities Improvement. Selectmen’s Meeting – March 15, 2004 Upon motion duly made and seconded, it was voted to support Article 18i, Tennis Court Improvements Article 6, Zoning By-law, Common and Usable Open Space in Residential Developments Upon motion duly made and seconded, it was voted 4-0-1 (Pagett) to support Article 6. Article 8, Zoning By-law, Home Occupations Upon motion duly made and seconded, it was voted to support Article 8. Article 12, Zoning By-law, Amendments to Standards for RD Planned Residential Development Districts This item will be deferred until closer to the time when the Met State redevelopment proposal comes up at Town Meeting. Mrs. McKenna noted that there had not been any discussion of this article at the public hearing. Article 9, Zoning By-law, RD Zoning Designation, 1010-1012 Waltham Street Upon motion duly made and seconded, it was voted to support Article 9. Article 21, School Capital Projects Upon motion duly made and seconded, it was voted to support Article 21, School Capital Projects. Article 22, Maintain and Upgrade School Technology Upon motion duly made and seconded, it was voted to support Article 22. Article 23, Porter Lane Acceptance Even though the request did not follow the usual procedure, it was felt that the process leading up to and including Town Meeting would constitute a public process. Before voting on this article, the Board would like to know how the Planning Board voted on this. Article 25, Community Access Revolving Fund Upon motion duly made and seconded, it was voted to support Article 25. Article 28, Rescind Unused Borrowing Authority Upon motion duly made and seconded, it was voted to support Article 28. Article 29, Stabilization Fund Upon motion duly made and seconded, it was voted to support Article 29. Article 42, Patriot Act Resolution. It was agreed to defer Article 42 to the March 22 meeting. Selectmen’s Meeting – March 15, 2004 Closing Comment Period of March 1, 2004 Public Hearing (Comcast) Mrs. Krieger read a closing statement to end the comment period of the March 1, 2004 public hearing on the renewal of Comcast Corporation's cable-television license. On March 1, 2004 at 7:30 p.m., Selectman Jeanne Krieger opened a public hearing to consider 1) the performance of cable television operator Comcast Corporation (Comcast) during its current license term, and 2) future cable-related needs and interest of the Lexington Community, given the costs. The hearing was conducted by the Communications Advisory Committee, which makes recommendations to the Board on cable television issues and other matters. The Committee advised the Board that the hearing was required as part of the process for negotiating a renewal license with Comcast, whose current license term ends on September 1, 2004. The process is prescribed by federal and Massachusetts cable regulations. Based upon the results of this hearing on Comcast's performance under its current license and the needs and desires of the community, including additional comments received, and in consideration of all other information it has, the Committee will make a recommendation to the Board on the terms of a Request for Proposal (RFP) to be sent to Comcast. We expect that the Board will issue an RFP within the next month, with Comcast having a period of 30 days to respond with its proposal for a renewal license. Oral testimony was taken on March 1, and the hearing was adjourned until tonight to allow interested parties to submit written comments. Written comments were received from the following Lexington residents: Julian Bussgang of 2 Forest Street; Florence Trefethen of 1010 Waltham Street; and James J. Akimchuk, Jr. of 49 Earl Street. Their comments have been made a part of the hearing record. Mrs. Krieger asked if there were any other written comments that residents would like to submit. There being none, the hearing was declared closed at 9:30 p.m. on March 15, 2004. Sidewalk Café Permit – Bertucci's Restaurant Mr. White indicated that Bertucci's is requesting a sidewalk café permit from April 1 through October 31, 2004. He plans to approve the permit. Mrs. McKenna indicated that the manager has not always made sure that the tables, chairs and umbrellas are taken in at night and they are unsightly. Ms. Renee LeBlanc was present to represent Bertucci's. She indicated that it is quite arduous to take all of the furniture inside at the end of the day, as the permit would require. Any help from the Selectmen in this regard would be much appreciated. Selectmen’s Meeting – March 15, 2004 Mrs. McKenna suggested that the tables and stands could be left outside in place while the umbrellas and chairs could be put inside. The Board concurred. However, a strong caution was given to Bertucci’s about continuance of this permit if the conditions were not met. The manager is responsible for seeing that this condition is met. Upon motion duly made and seconded, it was voted to approve the Town Manager's approval of a sidewalk café permit for Bertucci's Restaurant, with the amended condition that the tables and stands be left in place and the umbrellas and chairs be taken inside. Class II license – Darren Roy West Upon motion duly made and seconded, it was voted to approve the application and issue a Class II license to Darren Roy West, d/b/a Auto & Diesel Sales, 75 Westview Street, with the condition that no vehicles be stored at 75 Westview Street at any time. Consent Agenda th Lions Club Annual July 4 Carnival Upon motion duly made and seconded, it was voted to approve the request of the Lions Club to th hold their annual 4 of July Carnival on June 30 through July 4, 2004, with the baseball lights to be on from 10:50 to 11:30 p.m. on June 30 to July 3, and from 9:30 to 12:00 midnight on July th 4. Discovery Day Upon motion duly made and seconded, it was voted to grant the Lexington Retailers exclusive use of the Muzzey Street/Waltham Street parking lot on Saturday, May 29, 2004 (rain date June 5) from 5:00 a.m. to 5:00 p.m. for Discovery Day. They may erect seven temporary signs, park a flat bed trailer and provide some free parking with the conditions outlined in their request. Lexington Historical Society- Use of Hancock Clarke House Upon motion duly made and seconded, it was voted to grant the Lexington Historical Society permission to close off portions of Bedford Street and Hancock Street for the arrival of Paul Revere and William Dawes at the Hancock Clarke House from 11:30 p.m. on April 18, 2004 to 1:00 a.m. on April 19, 2004. Appointments Comptroller Search Committee Upon motion duly made and seconded, it was voted to appoint Leo McSweeney to the Comptroller Search Committee. Upon motion duly made and seconded, it was voted to appoint Dawn McKenna to the Comptroller Search Committee as Chairman of the Board of Selectmen. Selectmen’s Meeting – March 15, 2004 Public Safety Staffing Committee Upon motion duly made and seconded, it was voted to appoint Leo McSweeney to the Public Safety Staffing Committee. Limousine Licenses Upon duly made and seconded, it was voted to approve the application and issue a limousine license to Sebouh Boyadjian, Boyadjian Limousine Service, 447 Lowell Street. Executive Session Upon motion duly made and seconded, it was voted by roll call vote: Mr. Kelly, Mr. Kennedy, Mrs. Krieger, Mrs. McKenna, and Mr. Pagett, to go into executive session for the purpose of discussing contract negotiations, with no intent of returning to open session. Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m. A true record, Attest: Elissa M. Tap Recording Secretary Selectmen’s Meeting March 22, 2004 A regular meeting of the Board of Selectmen was held on Monday, March 22, 2004 in the Selectmen’s Meeting Room at 7:30 p.m. Mrs. McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Mr. White, Town Manager; and Ms. Pease, Executive Clerk were present Selectmen Concerns and Liaison Reports Mrs. Krieger discussed the National Parks budget being cut and how it will impact the Minuteman National Park’s restoration. The Board will send a letter to the Regional Director of National Parks and Lexington’s legislators supporting the need to restore funds and the importance of the park to tourism. Mrs. Krieger will draft a letter. Mrs. McKenna, on behalf of the Town Celebrations Committee, reminded all citizens of Lexington that Patriots Day will be celebrated on Monday, April 19. She reviewed all the activities of the day and encouraged everyone to participate and attend. Mrs. McKenna, on behalf of the Tourism Committee, was pleased to announce that Masha Traber, the Liberty Ride Coordinator, was nominated and selected for the Massachusetts Office of Travel and Tourism’s 2004 Hospitality Award from the Greater Merrimack Valley Convention and Visitors Bureau for her outstanding and dedicated service in promoting front line tourism in the State of Massachusetts as the Liberty Ride Coordinator. Mrs. McKenna read into the record a letter received from Brian Adley regarding the HDC’s helpfulness and dedication to preservation in the historic districts. Budget - Health Insurance The health utilization number came in lower than expected and there is $788,000 beyond what is needed to provide 2 months reserve in the trust fund; 2 to 4 months is recommended. Mr. White says it is difficult to predict utilization; need to build up reserves over time, but that in his estimation we could reduce the health benefits line item by $788,000. The municipal share of the money would be $150-180,000; the rest would be school. Ms. Brown, Appropriations Committee, summarized committees unanimous recommendation. They have concerns with FY06. Recommend not changing appropriation. Two ways to go: leave as is, or lower appropriation and put in stabilization fund. Selectmen will discuss with School Committee before making decision. Selectmen’s Meeting – March 22, 2004 Budget – DPW Adjustment At the last meeting the Board voted to return $38,000 into the DPW budget, but did not specify what it was for. Also found an extra $8,000 when went over the budget. Mrs. McKenna would like the Selectmen to consider voting to specify the use of the $46,000 as $25,000 for center cleaning and $20,000 for street lighting overtime in order to have these two items off the at-risk list. Mrs. McKenna read letter from Lexington Center Committee requesting the Board restore the $25,000 for Center Cleaning to the base budget. Upon motion duly made and seconded, it was voted 4-1 (Krieger) to ask DPW to use the $38,000 for center cleaning and street light overtime and if the override passes the money can be used for other personnel needs within the Department of Public Works. Budget - Override Structure The Board will be considering the following override options: 1. Single question - bundled for total amount of at-risk items 2. Two questions – one school, one municipal 3. Tiered – 2-4 tiers, critical on bottom, incrementally go up 4. Value based – items grouped by themes 5. Breakdown municipal list by departments; school would decide on number of question(s) The Board would like to hear from the community. Mrs. Krieger explained her suggested tiered override structure. She wants a set of services with stnd increased services. The 1 tier would be fundamental items, the 2 tier would be performing rd items, and the 3 tier would add programs for a robust level of services. The intent would be to maintain with Tier 1, Tier 2 adds some restoration, and Tier 3 adds robust items. Need to be cautious so that education effort is not devoted to explaining the vote rather than understanding the services that will be put at risk. This override option needs lots of thought before implementation rather than completed. Mrs. McKenna explained the value based override. All the at-risk items would fall into categories: Culture and Recreation, Public Safety, Social Services, Technology, Transportation, and based items. Each question would include items from school and municipal. Meeting needs to be scheduled to discuss the override options with the School Committee. Cathy Gill, Precinct 7, asked that information on possible override structures be put on web with dollar values. Selectmen’s Meeting – March 22, 2004 The Selectmen’s Office will post override options on the Town Web Page. A meeting will also be set up to hear comments from the community on how the override should be structured. Override Timing The Board was provided with possible override dates and when the exact wording for the question or questions would have to be provided to the Town Clerk. The Clerk’s Office requires 35 day notice prior to date selected. Several members of the Board are comfortable with the June 7 date to allow Town Meeting time to discuss and endorse the budget, and to allow time to educate voters with public discussions. Mrs. McKenna stated that the advantages of having the override on May 24 are that the School Superintendent and High School principal leaving on June 30, so need as much time as possible prior to that happening. Also people start leaving town after Memorial Day. The Board was asked if the override could be scheduled for Tuesday, June 8, because graduation is on June 6 and many people are involved in the all-night graduation party who would also work on the override. Board will discuss override date at its next meeting. Parking Meter Fees The Board agreed to vote on items where there was consensus between the town and the center shakeholders (MaryJo Bohart, Executive Director of the Chamber of Commerce and Jerry Michelson, representing the Lexington Retail Association, and the Center Committee). There will be additional discussions between Mr. Hadley and the center shakeholders. Mr. Hadley will let the Selectmen know when he is prepared to bring the other items back to the Selectmen for approval. Upon motion duly made and seconded, it was voted to: 1. Change the name of the “Meriam Street Parking Lot” to “Depot Square Parking Lot”; 2. Change 14 4-hour meters to 2-hour meters in the rear of the Edison Way parking lot; 3. Change 4 2-hour meters to 30-minute meters on Edison Way along the NStar property; 4. Change 4 2-hour meters in Depot Square to 30-minute meters; 5. Change all parking meters to accept only quarters; Selectmen’s Meeting – March 22, 2004 6. Eliminate 90-minute meters and replace with 2-hour meters. Eliminate increments of less than 30 minutes; and 7. Develop an educational brochure for Center employees regarding parking options within the center. The following items will come back to the Board after the Town and the center shareholders have worked out all the differences: 1. Increase parking meter fees to 25 cents for 30 minutes and 50 cents for an hour; 2. If parking meter rates are increased, the rates in the attended parking lot should be increased; 3. Increase the annual permit fee at all lots; 4. Raise the attended lot daily cash rate, if 1 and 2 above are not approved; and 5. Identify use of increased revenue such as beautification, signage, and improved access from attended lot to CVS lot. The Board would like additional information on the use of increased revenue. May be out of the Selectmen’s control. Legal Counsel will look into. Comptroller Search Update Norman Cohen, representing the Comptroller Search Committee, stated that the committee was appointed in early February. The committee has met with the Senior Management Team, Assessors, Revenue, Retirement, Accounting/Payroll, and John Ryan. The committee feels the Finance Director/Town Comptroller position works very well. The position description given to the Selectmen for their review and approval will help to find the best possible candidate. Mr. Kelley questioned the differences between reporting to the Selectmen and the Town Manager. The Selectmen/Town Manager Act echoes the state law. Upon motion duly made and seconded, it was voted to accept the Position Description for the Finance Director/Town Comptroller as presented. Mr. Kelley asked if the process assumes input from earlier interviews. Selectmen will interview the finalists and will also be able to review all applications received. Upon motion duly made and seconded it was voted to approve the recruitment process as provided in memo dated March 22, 2004. Selectmen’s Meeting – March 22, 2004 Article Presentation and Positions Article 42 – Patriot Act Resolution The Board discussed the Patriot Act resolution provided by John Sackton who was available to answer questions. Mr. Pagett asked about the Library’ policy. Mr. White stated that the library is following the standard policies of other libraries. The Board had concerns about police and immigration issues because Lexington has a large population of non-citizens (23-2400 people). Mr. Pagett asked if the police are being told they should not cooperate? Mr. Sackton stated that usually a request for cooperation is given and that Lexington should follow tradition. Mrs. McKenna felt some of the wording was too strong. Asked proponent if he would consider changing on Town Meeting floor? Mr. Sackton said the resolution is based on other resolutions adopted by 20 communities and he hopes the Selectmen will support it as is. Mr. Kelley asked what the point of view of police was – any complications? Mr. White said they don’t want to get involved; they are trying to develop community policing, resource training. Also, Police are currently involved with federal government on many issues. Upon motion duly made and seconded it was voted 2-3 (McKenna, Kennedy, Kelley against) to not support the Patriot Act Resolution. Article 10 Laconia Street Acceptance Mr. Weiss, Precinct 5, represented the Laconia Street proponents. The street has been in terrible shape for many years with drainage problems, potholes, and safety issues. Any repairs made to potholes do not last. The residents of Laconia Street want the street accepted at no expense to the Town because the water main will be replaced in the spring of 2005. There are 38 lots, 4 town lots, 3 undecided (one can’t be reached), 4 nos and 27 yes. Of the no votes, 2 are because street will be too wide. Of the no votes one is a builder who is selling his home, one is elderly and can’t afford, one would say yes if narrower, and one person can’t be reached. Mr. Chalpin, Town Engineer, suggests 20 foot rather than 24 foot. The current minimum for road is 24 feet, but Selectmen can change. Mrs. McKenna asked how standards could be changed and asked Town Counsel to check statute. Selectmen’s Meeting – March 22, 2004 Mr. Kelley asked if survey had been done so neighbors know what land will be taken. Susan Lawry said plans have been at neighborhood meetings with approximate information. Upon motion duly made and seconded, it was voted to endorse the concept and request proponents come to the next meeting to discuss further the width of the road and whether neighbors would be willing to include a sidewalk in the plan. Board asked Mr. Chalpin to come to the Selectmen’s meeting on March 31 to update the Board on the cost of a 20-foot road with and without a sidewalk. Article 41 – Long Range Planning Committee Discussion on Article 41 deferred until March 31 Selectmen’s meeting. Article 10 Zoning By-Law, Spring Street Patriot Partners has been very good contributors to the Town – Lexpress, $25,000 last year, Liberty Ride - $10,000, LEF - $3,000, and others. The Board supports the article but would like further information on the transportation demand management. Mr. Steve Rice, representing Patriot Partners, discussed several changes to original proposal: contributions to Lexpress will increase to $20,000 (instead of $10,000) per year, property will be achieving trip generation and will pay $10,000 more if not in compliance. Also $100,000 will be put in escrow to finance transportation in the area. They will have shuttle available to Alewife. During peak periods there will be a police officer at the entrance. Planning Board has endorsed Article 10 5-0. Regarding the Conservation Commission easement of non-developed land; there is a total of 35 acres of restricted open space. Patriot Partners hopes to provide small parking lot (6 spaces) along Shade Street for access. This is part of plan and subsequent owners could not amend. Article 11 – Zoning By-Law, Center Parking Howard Levin presented on behalf of the Lexington Center Committee. Object of article is to rationalize parking requirements in center. Problem is there is no flexibility. This article would introduce temporal hours of operation. Article also includes 3-year sunset provision. Mrs. McKenna believes that the sunset provision provides a time frame for a discussion with planning about a long-term solution. Selectmen’s Meeting – March 22, 2004 Mrs. Kreiger would like to know position of Planning Board before making decision. Mr. Michelson asked the Selectmen to look at what bylaw says and what would be affected. Change only affects restaurants. Is intent to flood with restaurants? Presently Lexington has 1000 seats to sit down and eat, don’t need more. This article needs more thought and consideration. Daphne Politis, Urban Planner and member of Lexington Center Committee said the goal of the Committee is revitalization. The survey that was sent to Lexington residents came back asking for more restaurants. All parking areas should be looked at as one. This article is a small step in the overall plan. Ms. Watson, Chair, feels it is important to remember that the temporal clause has been included, which means that if zoning says no, nothing happens. The temporal piece refers to when banks are closed those spaces are available for other establishments. Part of the plan is to connect all the parking areas with walkways to make the whole center more accessible. The center has a definite problem and something needs to be done. Article 17 – Supplemental Appropriations Mr. White is requesting $345,000 be appropriated to replace a fire truck. The money was previously appropriated at last year’s Town Meeting, but some was contingent on override. Upon motion duly made and seconded, it was voted to support Article 17 – Supplemental Appropriations in the amount of $345,000. Article 26 - Municipal Electric Utility Plan Paul Chernick was available to answer questions. The Board received a handout showing what steps need to be taken. The cost of a feasibility study would be approximately $150,000. The question is where will the money come from. The Appropriations Committee has not taken a position on this article yet. Charles Lamb, Capital Expenditures, said that they are opposed to Article 26 and 27. They are waiting for final legislation and to see where the money is coming from. Patrick Mehr asked about the possibility of using some of the Selectmen’s Gift accounts to pay. The Sprint Account has approximately $105,000, Nextel $72,000. After looking at the information, it looks as if the money could be used for the study. This option needs to be confirmed. Selectmen’s Meeting – March 22, 2004 Article 27 – Studies for Municipal Electric Utility Mr. Mehr stated that this article could be indefinitely postponed if funds are found. The money would not be expended until legislation passed. The town would see significant savings from this and the residents would see a 20-25% reduction in bills. The Board is waiting for more information on the possibility of using the Selectmen’s Gift Accounts. The Appropriations Committee is also waiting for additional information. Mr. Kennedy is hesitant on two issues: wait until legislation passed and if the law passes wouldn’t that put pressure on Nstar to provide better service and thus this article would not be needed. The Board is not prepared to take a position on this article at this time. The Board agreed to have the Chairman send a letter to Nstar regarding the upcoming Town Meeting articles that would affect them. Article 31 - Senior Tax Relief Vicki Blier, Chair of the Tax Deferral and Exemptions Study Committee, asked the Board for their support of a home rule petition and inclusion of Part 41D (COLA) be supported. The Committee voted to draft a home rule petition and include Part 41D (COLA) part of the legislation. At this time the committee is not in favor of further exemptions. Don’t know the size of the problem and how many people will come forward and take advantage. Necessary funds would come from free cash. Program would start out slow and would increase slowly as program phased in. That is how other towns do it. Town would need big education program; people don’t want to get involved and they feel there would be a huge resistance. The home rule petition would allow the town to set. Upon motion duly made and seconded, it was voted 5-0 to have the Tax Deferral and Exemptions Study Committee advance the Home Rule Petition and that the Selectmen will sponsor the appropriate motion. Article 32 - Increased Tax Exemptions Mr. Mehr provided the Selectmen with a copy of the Summary of the Joint Committee on Taxation for a Senior Property Tax Relief Package. Added exemptions include increasing from $1,000 to 2,000. This article could be indefinitely postponed if the Tax Deferral and Exemptions Study Committee continue looking into other options. Selectmen’s Meeting – March 22, 2004 Article 33 - Removal and Installation of Utility Poles Mr. Chernick, Electric Utility Ad Hoc Committee, stated that this article gives the town a way to enforce the current law. The language used in the article is the same as Bedford. There are no costs involved. Why can’t Town wait until the Bedford suit has been resolved? Mr. Chernick said the Town is losing money. Article 34 – Amend Tree By-law and Technical Correction Upon motion duly made and seconded, it was voted to support Article 34 – Amend Tree-By-law and Technical Corrections. Article 37 – Accept MGL Chapter 148 26H William Middlemiss, Acting Fire Chief, presented some information to the Board on the provisions of 26H. It would apply to units of six or more non-related individuals, over and above those that own the house. This article would apply to 3 major hotels, 2 are currently sprinkled. The Holiday Inn Express is not sprinkled. Need to confirm what B&B’s that would be affected by this Article. The fire department is currently checking town records to see if there are any B&B’s that would fall in the guidelines. Selectmen are concerned about the unintended consequences and the cost to retrofit for the B&B’s and asked if there was any latitude available to the Fire Chief to accommodate B&B’s. Also worried about B&B’s either being discouraged or eliminated in historic homes and places where would be beneficial to community to have. Mr. Middlemix said there is the appeal process. The appeal process was included to take the political enterprise out of the hands of the local town so that the process would be uniformly enforced instead of subjective on the part of the enforcement officers. He also checked with the Sprinkler Appeals Board regarding whether they take into consideration financial constraints of smaller establishments. The Sprinkler Appeals Board has taken its 5-year phase in period and extended it out to 10 years to give smaller establishments more time to install sprinklers. Also, the Town Zoning By-law allows up to three rooms for B&B’s, which could allow 6 occupants. B&B’s could list as two rooms that sleep two and one that sleeps a single; that would be a 5- person establishment and would not be required to have the sprinkler system. Article Assignments Only changes to Article Assignments are that Mr. Kennedy will present Article 5 and Mrs. Krieger will present Article 8. Mr. Kennedy does not wish to present Articles 26 and 33. Board will decide later who will make other presentations. Selectmen’s Meeting – March 22, 2004 Consent Agenda Use of Battle Green – Easter Sunrise Service Upon motion duly made and seconded, it was voted to approve the request of the First Baptist Church of Lexington to use the Battle Green on Easter Sunday, April 11, 2004 from 6:30 to 7:15 a.m. for the Easter Sunrise Service. Upon motion duly made and seconded, it was voted to adjourn at 12:00 midnight. A true record, Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 29, 2004 A regular meeting of the Board of Selectmen was held on Monday, March 29, 2004 at the Clarke Middle School Cafeteria at 7:00 p.m. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley and Mr. Pagett (arrived late); Mr. White, Town Manager; and Ms. Pease, Executive Clerk were present. Selectmen Concerns and Liaison Reports Mr. Kennedy said that the Energy Conservation has begun meeting The Board sends its sympathy and condolences to the family of Al Busa, who died last week and was a former Selectmen and active volunteer in the community, and to Pauline Burke, a Town employee, and her family on the death of her husband last week Selectmen Liaisons Mrs. Krieger asked why no liaison had been assigned to No Place for Hate. There has always been Selectmen presence and she is proud to be a part of the group and will continue to support them. Mrs. McKenna said the group is not an official committee and she has a meeting planned for next Tuesday with the group. Consent Agenda Vote to Establish the Leo P. McSweeney Scholarship Fund Upon motion duly made and seconded, it was voted to establish the Leo P. McSwseeney Scholarship Fund and to send $500 to the Fund from the Selectmen’s Account. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the Executive Session minutes of September 29, 2003 and October 23, 2003. Minutes Mrs. Krieger questioned the minutes of February 2 regarding No Place for Hate. The tape will be reviewed and the minutes will be brought back to the Selectmen for approval. Upon motion duly made and seconded, it was voted to approve the Selectmen’s minutes of December 8, 2003 and February 11, 2004. Appointments 2020 Vision Committee Upon duly made and seconded, it was voted to appoint the following: Selectmen’s Meeting – March 29, 2004 Ann Redmon to fill unexpired term to expire September 30, 2005, Stacey Hamilton to fill an unexpired term to expire September 30, 2004, and Marian Cohen to fill an unexpired term to expire September 30, 2004. Lexington Council for the Arts Upon motion duly made and seconded, it was voted to appoint Molly Ferrante to fill an unexpired term to expire September 30, 2004. Public Comments Ms. Jill Smilow, Chair of the No Place for Hate, asked why there was not a Selectmen Liaison assigned to No Place for Hate. She is grateful that the Selectmen have worked with the group up to now and hope they will continue. The No Place for Hate campaign was established by the Anti Defamation League in partnership with the Massachusetts Municipal Association 4 or 5 years ago and to date about 60 communities in Massachusetts are signed on as No Place for Hate communities. Ms. Fournier does not support No Place for Hate and believes it does not support the entire community. Ms. Martin believes No Place for Hate does support everyone in the community and feels they need to look at the facts. Mr. Pagett arrived. Budget Update The Board reviewed a memo that chronicled the decisions made by the Selectmen so far in the budget process. The bottom line was a difference of $8,849. The Board was asked if they had any interest to allocate the difference? Mr. Kennedy felt the money should lower the health insurance appropriation. Mrs. Krieger suggested restoring money to the MIS budget for equipment. No decision was made. The Selectmen were asked to take note of the revisions to legislation relating the establishing Stabilization Funds. Set Date for Override The Appropriations Committee strongly prefers June 8 for the override date and urged the Selectmen to choose a date which allows Town Meeting deliberate and vote on the operating budget and all relevant budget articles before the override date. The School Committee recommends June 8. If election before June 8 there would not be adequate time to campaign. Selectmen’s Meeting – March 29, 2004 Capital Expenditures unanimously support June 8. Upon motion duly made and seconded, it was voted to set the date of the override for Tuesday, June 8, 2004. Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m. A true record, Attest Lynne A. Pease Executive Clerk Selectmen’s Meeting March 31, 2004 A regular meeting of the Board of Selectmen was held on Wednesday, March 31, 2004 at the Clarke Middle School Cafeteria at 6:00 p.m. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Mr. White, Town Manager; and Ms. Pease, Executive Clerk were present. Executive Session Upon motion duly made and seconded, it was voted by roll call vote 5-0 to go into executive session for purpose of contract negotiations and litigation with the intent to return to open session at 6:30 p.m. Open session resumed at 6:40 p.m. Hearing All Alcoholic Liquor License – Lexx Don Rosenberg, owner of the former Aesops, will be opening Lexx, an American bistro café. The Lexington Center Committee and the Chamber of Commerce are enthusiastically supportive of Lexx. Upon motion duly made and seconded, it was voted to approve the application and issue an all- alcoholic beverage license to Group R Inc. d/b/a Lexx. Appoint Town Counsel Upon motion duly made and seconded, it was voted to appoint the firm of Palmer & Dodge LLP, represented by William L. Lahey, as Town Counsel for a term to expire March 31, 2005. Arlex Oil Arlex Oil has taken the following measures since the Board issued them a special permit under Section 80-8 of the town bylaws: notified rubbish contractor not to enter the property until after 6:00 a.m.; tanker trucks being diverted to Sudbury location for the first load in early morning; had meetings with oil drivers and service technicians explaining the guidelines for starting vehicles in the morning and leaving vehicles running and instructed them not to allow vehicles to idle in the Arlex yard; moved some yard functions to inside; designing a plan for planting evergreen trees along the rear of property; at 240 Bedford Street requested quote for fencing along the bikepath to help deaden some of the noise; at Bedford site drivers have been instructed to pull vehicles in frontward at night and weekends. Selectmen’s Meeting – March 31, 2004 The Board requested that Arlex contact the Noise Committee regarding reviewing the proposed fencing and plantings. Mr. Eagle stated that the noise committee was sent a copy of the letter. The Town Manager will help Arlex Oil get the necessary approvals for fencing and plantings at the rear of their properties and also check with bike committee. Mr. White will have Dave Pinsonneault work with Arlex Oil. Article Positions Article 39 – Amend Section 80-8 Special Permits (Noise) Martha Wood stated that Article 39 is a citizen article of Julian Bussgang. It is in reference to what has been learned since the by-law was approved in 2002 and would provide consistency. The article requires a form be developed for applying for an exemption; a short-term and longer- term exemptions process; and notification to abutters. Form would be provided by the Selectmen’s Office and the Selectmen would make decision on how to handle exemption. Mr. McKenna sees the article as trying to tie the Boards hands in terms of how handle permits. Upon motion duly made and seconded, it was voted 4-1 (McKenna) to support Article 39 – Amend Section 80-9 Special Permits (Noise). Article 40 – Amend Section 80-4G Stationary Engine Run-up (Noise) Martha Wood stated that Article 40 is a citizen article of Julian Bussgang. Town by-law is not as strong as the state law; would like them to be more consistent. Police would be first line of enforcement. Town Counsel will look into how Town would determine excessive or unwarranted. Ingrid Klimoff has talked to State Department of Environmental Protection and asked for information for school buses. She feels DEP is cracking down and this article would allow the town to fine. Selectmen concerned that buses would be unsafe if they do not warm up long enough. Upon motion duly made and seconded, it was voted 4-1 (Krieger) to not support Article 40. Article 11 – Zoning By-Law, Center Parking Mrs. McKenna read memo from the Lexington Center Committee urging the Selectmen to endorse Article 11. Mr. Kennedy would like to support, but has reservations because both the Planning Board and the business district do not support. Selectmen’s Meeting – March 31, 2004 Mr. Kelley believes the sunset clause would allow us to see how it works for three years. We also need to be looking into increasing the parking in the center. Mrs. McKenna reiterated two points: this articles does not change existing regulations. It simply allows an opportunity to ask for permission to allow an exemption where appropriate. The sunset provision would limit the number of exemptions for a finite period of time. This only applies to space that would become vacant. Dick Michelson would like the Selectmen to consider that this bylaw would cause congestion in the center because of the length of time customers spend at restaurants versus stores and the many additional employees needed at restaurants. Mary Jo Bohart, Chamber of Commerce, says the current by-law allow banks; this article would provide options. Upon motion duly made and seconded, it was voted 3-2 (Krieger, Kennedy) to support Article 11. Article 24, Laconia Street Acceptance Only remaining issue is whether a sidewalk should be included in the plan. Neighbors do not want a sidewalk because front lawns are already small. The Twenty-nine abutters would be paying $1,000 per resident for the 20-year betterment. Upon motion duly made and seconded, it was voted 5-0 to support Article 24 with a 20-foot street width. Upon motion duly made and seconded, it was voted 4-1 (Kennedy) to support Article 24 with a 20-foot wide street and also a sidewalk on one side. Article 41, Long Range Planning Committee Discussion of Article 41 was deferred until the next Selectmen’s meeting. Article 38, Fire Department Under Civil Service Law Ken Donnelly, Fire Department, says this article would allow firemen who are laid off to go to other cities and/or towns. The Personnel Advisory Committee unanimously opposes this article because it will limit flexibility in recruitment and promotion and the list of candidates would be based on results of written tests and not on job performance or job skills. Also concerned the town will be unable to follow well-established search process to find top candidates. Selectmen’s Meeting – March 31, 2004 Board not prepared to take position. Article deferred to a later Selectmen’s meeting. Use of Battle Green – Campaign Announcement Upon motion duly made and seconded, it was voted to approve the request of Linda Fosburg to use the Battle Green on Monday, April 5, 2004 from 11:30 a.m. to 12:30 p.m. for a campaign announcement. Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m. A true record, Attest: Lynne A. Pease Executive Clerk