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HomeMy WebLinkAbout2004-10-BOS-min Selectmen’s Meeting October 4, 2004 A regular meeting of the Board of Selectmen was held Monday, October 4, 2004 at 7:30 p.m. in the Selectmen’s Meeting Room. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms. Vine, Acting Town Manager, Mr. Lahey, Town Counsel and Ms. Manning, Clerk were present. Town Manager Recruitment Janet Perry and Evelyn Silber, Co-Chairs of the Personnel Advisory Board were at the meeting to discuss what criteria should be considered when hiring a Town Manager. Ms. Perry and Ms. Silber asked the Board a short list of questions about the criteria that should be used in the selection of the Town Manager. Ms. Silber and Ms. Perry recorded comments from both the Board and the audience. The Board of Selectmen have scheduled meetings over the next ten days, at locations throughout the Town, to give members of the community an opportunity to participate in framing the criteria that should be considered when hiring the Town Manager. Members of the Personnel Advisory Board will facilitate these meetings. The questions asked of the Selectmen tonight will be asked at each meeting. The results of the meetings will be compiled and presented to the Board once the meetings are completed. The dates for the community meetings were announced. Mrs. McKenna encouraged the audience to participate in one of these meetings. Public Comments Judith Uhrig, Chair of the Board of Appeals, read a letter to the board expressing her dissatisfaction with regard to the previous meeting. Mrs. Uhrig had attended the Board meeting the previous week, to take part in the discussion regarding Annual Appointments and Reappointments to the Board of Appeals. Unfortunately the agenda items were addressed out of order and Mrs. Uhrig was not present for this discussion. She believes had she been there several comments made by the Board could have been addressed. Mrs. McKenna apologized for any inconvenience this may have cause and explained that the items were taken out of order to accommodate two scheduled and posted hearings. Mrs. McKenna informed Mrs. Uhrig the Board has invited the four candidates for the vacancy on the Board of Appeals to the next meeting. Selectmen Concerns and Liaisons th Mr. Kennedy reported the Youth Services Council held it’s first meeting on September 30, 2004. The committee is well represented, and committed to do good things for the youth of the Town. Selectmen’s Meeting – October 4, 2004 Mrs. McKenna read a letter from Keyspan commending the Fire Department. Mrs. McKenna also thanked everyone involved in the annual LexFest celebration that was held over the weekend. Town Manager Report Ms. Vine reported that three new police officers had been hired. So far the department has rehired 8 of the 9 officers whose positions were lost due to the failed FY03 override. The Board asked Ms. Vine to keep them updated on the positions that are currently open. Town Manager Search Interim Town Manager Mr. Pagett reported that the Interim Search Committee had contacted the candidates and informed them of the restriction from applying for the Regular Town Manager Position if hired as the Interim Town Manager. This had slightly decreased the size of the interview pool. The th Search Committee will begin interviews tomorrow. Packets for the Selectmen’s October 15 meeting will include copies of the resumes of the committee’s recommendations. Interviews with the Board will take place on October 20, 2004. Mr. Pagett will work with Ms. Vine to be sure the appropriate staff members are included in the interview process. Regular Town Manager Mrs. McKenna reminded the audience about the meetings scheduled throughout the community to solicit citizen opinions regarding the criteria to be used when selecting a new Town Manager. The schedule and agendas for these meeting have been posted on the Town’s web site, distributed through the school system and published in the Lexington Minuteman. Mrs. McKenna asked the Board to begin to consider whether or not it wants to hire a search firm th for this recruitment. The Board will discuss and vote on that issue October 12, 2004. Report on Recycling Statistics and Education Efforts Robert Beaudoin presented the Board with recycling and trash tonnage data from FY04 to present as well as annual trash data from FY98 through FY 04. Mr. Beaudoin also updated the Board on the TV and computer pick-ups, public service messages regarding recycling and school recycling programs. Recycling continues to grow. Selectmen’s Meeting – October 4, 2004 Ad Hoc Water and Sewer Rate Study Loren Wood presented the Board with the Interim Report of the Water and sewer Rate Study Committee. The Board discussed the contents of the report and decided to accept it as an Interim Report. Upon motion duly made and seconded, it was voted to change the Charge of this Committee. Members of the Board thanked the committee for their work to date. Liquor Regulations Enforcements Upon motion duly made and seconded, it was voted to approve the Liquor Regulation Enforcements policy. Goal Setting Actions and Priority Items Upon motion duly made and seconded, it was voted to adopt the action items and priorities. Position on Grandview 40B The Board discussed a proposed 40B Project on Grandview Ave. They decided to postpone taking a position on this issue until after the Board of Appeals hearing on October 21, 2004. In the meantime Mrs. McKenna asked the Board to forward any questions/concerns they have regarding this project to the Selectmen’s Office. A list will be compiled and submitted to the Board of Appeals. Mrs. McKenna also informed the Board there is a site visit scheduled for Saturday October 16, 2004 at 9:00 a.m. Sue Newlands, a resident of Grandview Ave. expressed her displeasure with the proposal to build any kind of development on this property. She stated when she and her husband purchased their property the lots in question were considered not buildable. Sign Warrant – Presidential Election Upon motion duly made and seconded, it was vote to sign the Warrant for the November 2, 2004 presidential election. th Proclamation – Evelyn Hurley, 100 Birthday Upon motion duly made and seconded, it was voted to proclaim October 5, 2004 as Evelyn Hurley Day. Selectmen’s Meeting – October 4, 2004 Annual Reappointments/Appointments Upon motion duly made, it was voted to reappoint Thomas Montanari to the Fair Housing and Human Relations Committee, for a two-year term to expire September 30, 2006. Upon motion duly made, it was voted to reappoint Stana Gnatocvich and Nancy Rogier to the Lexington Scholarship and Education Fund Board for one-year terms to expire September 30, 2005. Upon motion duly made, it was voted to reappoint Kerry Brandin, Richard Canale, Bernice Fallick, Charles French, John Ott, William J. Scouler and Lou Sideris to the Tourism Committee for one-year terms to expire September 30, 2005. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of June 21, 2004, June 28, 2004 and August 9, 2004. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of June 21, 2004 (Part I&II), July 12, 2004 and August 9, 2004. Vote to Release Executive Session Minutes Upon motion duly made and seconded, it was voted to release the executive session minutes of the June 21, 2004 (Part I) and August 9, 2004. Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m. A true record, Attest: Lori Manning Clerk Selectmen’s Chairman Breakfast October 13, 2004 A Chairmen’s breakfast meeting of the Board of Selectmen was held on Wednesday, October 13, 2004 in Cary Hall 8:00 a.m. Chairman McKenna, Mr. Kennedy, Mr. Kelley; Ms. Vine, Acting Town Manager; and Mr. Lahey, Town Counsel, were present. Below is the agenda for the meeting: Lexington Unplugged – 3/16/05 The Lexington Youth Commission is sponsoring a month long program to encourage families to spend more time together. As part of this effort school and municipal leaders agreed to no meetings or functions on March 16, 2005 so that families could spend an afternoon/evening together as a family. Boards Goals and Actions Items The Committees were asked to help support the Boards goals through their own initiatives. Use of Town Counsel The Board is concerned with the legal costs and trying to hold down costs. Request Committees contact the Selectmen or Town Manager before contacting Town Counsel. Open Meeting Laws (Posting of Meetings, E-Mail Communication, Working Sessions) It is important for all committees to be familiar with the requirements of the open meeting laws. Should refer to the summary information provided to all committees. Did focus on emails and being sure emails only talk about administrative matters as opposed to substantive issues. At the request of the Chair, Mr. Lahey will schedule a special session on the Open Meeting Laws and will invite representatives from the District Attorney’s office. Records Retention Ms. Hooper, Town Clerk, reminded everyone of the importance of each committee keeping, approving, and filing with the Clerk the minutes for all meetings (including subcommittees). Ms. Hooper handed out some information to each of the Chairs. Selectmen Committee Relationships Most committees are advisory to the Selectmen and the committees need to interface with the Board through their Selectmen liaison to keep the Board up on their activities. FY06 Collaborative Budget Process Mrs. McKenna confirmed that the Board would be following the collaborative budget process used in the past to include the School Committee, appropriations and capital developing a budget and bringing it to Town Meeting for action. Brief Reports from the Committees Mrs. McKenna asked everyone in the group to comment on the activities of their respective committee. Chairman’s Breakfast - October 13, 2004 The following Chairmen or representatives were present: Donna Hooper, Town Clerk; George Burnell, Capital Expenditures; Sandra Shaw, Recreation Committee; Alan Levine, Appropriations Committee; Evelyn Silber, Personnel Advisory Committee; Robert Warshawer, Fence Viewers; Patrick Mehr, Electric Utility Ad Hoc Committee; Loren Wood, Water and Sewer Rate Study Committee; Bob Bicknell, Lexington Housing Partnership Board; Kerry Brandin, Town Report and Tourism Committees; Nancy Shepard, Cary Lecture Series Committee; Jerome Smith, Lexington Center Committee; Jacquelyn Ward, Gammel Legacy Trust; Sara Arnold, Transportation Advisory Committee; Marge Battin, Town Moderator; Joyce Miller, Conservation Commission; John Frey, Tree Committee; Joann Gschwendtner, Historic Districts Commission; Richard Canale, HATS ES and MACP Rep.; Jeanne Canale, Communications Advisory Committee; Julian Bussgang, HATS ES; Don Wilson, LexHAB; Marshall Derby, LexHAB; Tom Griffiths, School Committee; Tom Harden, Planning Board; Joan Reddy, Council for the Arts; Hank Manz, TMMA; Victoria Buckley, Commission on Disability; and Vicki Blier, Tax Exemption and Deferral Study Committee. The breakfast meeting adjourned at approximately 10:00 a.m. A true record, Attest: Dawn E. McKenna Chairman, Board of Selectmen Selectmen’s Meeting October 20, 2004 Prior to the Selectmen’s meeting the Board had a site visit of Cary Hall to see the progress made in renovations to the building. A regular meeting of the Board of Selectmen was held Wednesday, October 20, 2004 at 4:30 p.m. in the Selectmen’s Meeting Room. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms. Vine, Acting Town Manager; Mr. Lahey, Town Counsel and Ms Manning, Clerk were present. Mrs. McKenna began the meeting by thanking Ms. Vine for the tour of Cary Hall and commended the work that has been completed so far. Town Manager Report-Flu Clinic Ms. Vine informed the Board that the flu clinic was to go forward with the following restrictions: Vaccines will be given to anyone 65 years old or older, people 18 – 65 with a chronic illness and to employees on a limited basis. The Town currently has 400 doses on hand and is expecting to receive 170 more from the state. Mrs. McKenna asked about plans for preventing lines or crowds. Ms. Vine said she is working with Mr. Fullerton, Acting Health Director, to ensure they are properly staffed. Review Manager’s Plan for Cary Hall Ms. Vine presented the Board with a draft policy for renting Cary Hall. Mr. Pagett asked if there was a policy for long-term use of space in the building. Ms. Vine responded that she and members of her staff are still looking into the implications of long-term leases. Mr. Kelley asked about parts of the building that were not handicap accessible, Ms. Vine said she has asked members of the Commission on Disability to take a tour of the building to help address that issue. Mr. Kelley also suggested that a portion of the funds collected through rentals be earmarked for sustaining the building. This would allow the building to be the beneficiary of its revenue. Mr. Pagett would like to see a clear policy developed for the renting of space at Cary Hall. All organizations must feel they have an equal chance at obtaining rental space in that building. Quarterly Finance Report Ms. Vine formally introduced Shelia English, Finance Director/Comptroller to the audience. Ms. English presented a summary of changes from the appropriated budget through the first quarter of FY05. Selectmen’s Meeting – October 20, 2004 FY06 Budget Schedule Mrs. McKenna stated that there were concerns in the community that the budget process was behind schedule. Ms. Vine reported the budget schedule is on track. Department heads have prepared Personal Service numbers and were ready to start on expenses. It was suggested that the first Budget Collaboration meeting be held as soon as possible. Town Manager Search Janet Perry reported the feedback received from the community during the Town Manager Recruitment Meetings held with citizens and staff. She also presented a list of positives and negatives of retaining a search firm that the PAB had compiled. A majority of the members of the PAB recommend a search firm not be hired. Members of the PAB are willing to make some initial calls to potential candidates. They also believe that there are people in the community who would be willing to help with networking. The Board discussed their thoughts about hiring a search firm, the services they would retain the search firm for and the cost of retaining a firm. The Board asked the PAB to connect with communities that have just gone through the same process. The Board decided to request proposals from four local search firms. The Board will discuss the responses to these proposals at its next meeting. Upon motion duly made and seconded, it was voted to adopt the proposed Charge for the Regular Town Manager Search Committee. The Board discussed the membership of the committee. It was decided that each Board member would submit the names of people they recommend be a part of the committee to Mrs. McKenna. The entire list will be provided to al the Selectmen. The membership will be voted on at the Board’s next meeting. Draft Charge for Local Emergency Planning Committee Upon motion duly made and seconded, it was voted to adopt the proposed Charge for the Ad Hoc Local Emergency Planning Committee with the recommended changes. Draft Comments on Grandview 40B th The BOA hearing on this matter has been continued to November 16. The Board agreed to postpone its discussion of the project until its next meeting. Selectmen’s Meeting – October 20, 2004 Alcohol Beverage License Regulations – Club Policy The Board reviewed a draft of the Alcoholic Beverages Licenses Regulation – Club Policy. It was agreed that Mrs. McKenna would work with Attorney Batt on the wording of a few items included in the regulations. The draft will be brought before the Board again at its next meeting. Planning Director Search Committee Karl Kastorf has asked the Board to select one of its members to represent the Board on the Planning Director Search Committee. Mrs. McKenna recommends that Mrs. Krieger serve on this committee. All board members agreed with her recommendation. Minutes Upon motion duly made and seconded, it was voted to approve (with minor changes) the minutes of the August 12, 2004 meeting. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of the July 12, 2004. Selectmen Concerns and Liaison Reports Mr. Pagett is the Lexington representative to the MBTA Advisory Board. He requests that an alternate representative be named who could attend meetings when he is unable to do so. The representative can be a selectman, a citizen or a staff member. Mr. Pagett will work with Ms. Vine to identify a staff member to serve as the alternate representative to the MBTA Advisory Board and present their recommendation to the Board at its next meeting. Board of Appeals Candidates Emily Donovan, Mark Greenberg, Leo Mc Sweeney and William Herring were each interviewed by the Board about their qualifications for and interest in serving on the Board of Appeals. th The Board will make an appointment at its October 25 meeting. Health Benefits Review Committee Upon motion duly made and seconded, it was voted to adopt the proposed charge for the Health Benefits Review Committee with recommended changes. Selectmen’s Meeting – October 20, 2004 Suggestions for membership should be forwarded to the Selectmen’s Office. Executive Session Upon motion duly made and seconded, it was voted by roll call Mr. Kelley, Mrs. Krieger, Mr. Kennedy, Mr. Pagett and Mrs. McKenna to go into executive session for the purpose of litigation and personnel issues. A true record, Attest: Lori Manning Clerk Selectmen’s Meeting October 25, 2004 A regular meeting of the Board of Selectmen was held Monday, October 25, 2004, in the Selectmen’s Meeting Room at 7:30 p.m. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms Vine, Acting Town Manager and Ms. Manning, Clerk were present. Larry Whipple Battle Green Guide Director Mrs. McKenna opened the meeting with a presentation for Larry Whipple. Mr. Whipple has been the Director of the Battle Green Guides for the past 12 years and he retired this year. Lester Savage of the Lexington Historical Society thanked Mr. Whipple for his service to the Town and for all the help he has given the Historical Society. There were members of the Historical Society in the audience to show their appreciation for the work he has done. Mrs. McKenna presented Mr. Whipple with a commemorative bowl and a “Key to the Battle Green” carved from the tree given to the community by President Grant. Selectmen Concerns and Liaison Reports Mrs. McKenna told the Board that there are some residents interested in starting a Farmers Market in Lexington. Mrs. McKenna and several members of the Board were enthusiastic of the idea and instructed Ms. Vine to begin some preliminary research on the idea. Mrs. McKenna reminded the audience that Thursday from 2:00 – 5:00 p.m. there would be trick or treating at many local businesses throughout the town. There are over 100 businesses participating, last year there were more than 1,000 trick or treaters. Lastly Mrs. McKenna made a special acknowledgement of a personal nature, her in-laws celebrated their 50th wedding anniversary last weekend. Consent Agenda Upon motion duly made and seconded, it was voted to grant permission to the Town Celebration Committee to use the Battle Green for the annual Veteran’s Day parade on Thursday, November 11 beginning at 10:00 a.m. Upon motion duly made and seconded, it was voted to grant permission to the LPPTA to use the Battle Green for the annual Halloween Parade on Saturday, October 30, 2004 from 8:45 a.m. to 11:00 a.m. Rain date would be Sunday, October 31, 2004. Alcoholic Beverages Licenses Regulations-Club Policy Upon motion duly made and seconded, it was voted to adopt the revised Alcoholic Beverages Licenses Regulations Applicable to Clubs and Posts of War Veterans Organizations. Selectmen’s Meeting – October 25, 2004 Alternate Representative to MBTA Advisory Board Upon motion duly made and seconded, it was voted to appoint Gail Wagner as the Alternate Representative to the MBTA Advisory Board. The MBTA requires a letter from the Board authorizing Ms. Wagner to represent the Town. The Board had no objection to Mrs. McKenna writing the letter. Ad Hoc Local Emergency Planning Committee Upon motion duly made and seconded, it was voted to appoint Chief William Middlemiss, fire; Chief Chris Casey, police; William Hadley, DPW; Derek Fullerton, Acting Health Director; Local businessmen Rick Vincent, BAE Systems, Emil Flores Trammel Crow, Frank Riley, Brookhaven; Jeanne Krieger, selectman; to the Ad Hoc Local Emergency Planning Committee. Ms. Vine would like to speak to Chief Middlemiss to get his recommendation for a media representative. Annual Reappointments/Appointments Upon motion duly made and seconded, it was voted to James Baker and James Akimchuk to the Communications Advisory Committee for a three-year term to expire June 30, 2007. Upon motion duly made and seconded, it was voted to appoint Bruce Creager a full member of the Design Advisory Committee, for a one-year term to expire September 30, 2005. Upon motion duly made and seconded, it was voted to reappoint Eric Brown, Bahig A. Kaldas, Eva Kasell, Carl Oldenburg and Alenka Slezak to the Design Advisory Committee for a one-year term to expire September 30, 2005. Upon motion duly made and seconded, it was voted to appoint Parker Hirtle to the Design Advisory Committee as an Associate Member for a one-year term to expire September 30, 2005. Upon motion duly made and seconded, it was voted to reappoint John Frey, Richard Friedson, Barbara Hulsizer, Walter S. Pierce and Elizabeth Whitman to the Design Advisory Committee as an Associates Member for a term of one year to expire September 30, 2004. Upon motion duly made and seconded, it was voted to appoint Susan Bennett to the Tourism Committee as the Lexington Historical Society representative, for a one-year term to expire September 30, 2005. Upon motion duly made and seconded, it was voted to appoint Joan Ann Granger to the Town Celebrations Committee for a three-year term to expire June 30, 2007. Selectmen’s Meeting – October 25, 2004 Mrs. McKenna read a list of committees with vacancies and encouraged the community to participate. Mrs. Krieger made a motion to appoint Emily Donovan as an Associate Member of the Board of Appeals. Mr. Kelley made a motion to appoint Leo McSweeney as an Associate member of the Board of Appeals. It was voted 1 – 4 (McKenna, Kennedy, Pagett, Kelley) against appointing Emily Donovan as an Associate Member of the Board of Appeals. It was voted 5 – 0 to appoint Leo McSweeney as an Associate Member of the Board of Appeals for a one year term to expire September 30, 2004. FY2005 Water and Sewer Rate Setting Hearing Mr. Hadley presented the proposed Water and Sewer Rate for FY2005. Mr. Hadley stated that the decrease in reserves was largely due to unpaid Water/Sewer Bills. The Town is planning on adding arrearages to citizen’s Real Estate Tax bills. The Board was quite concerned about the large and growing amount of uncollected water bills. The Board asked that some effort be made to notify people of their outstanding balance before putting liens on their property. The Selectmen asked Mr. Hadley for further information. Upon motion duly made and seconded, it was voted to continue the hearing until November 1, 2004 at 8:30 p.m. Town Manager Search Interim Town Manager Search Committee Hank Manz presented the Interim Search Committees recommendations to the Board. In addition to forwarding two candidates for the consideration of the Board, the committee would also like to make a recommendation to the Board. The recommendation is that the Selectmen consider having Linda Vine continue in her role as Acting Town Manager with supporting help. In addition to this recommendation the Committee is forwarding David Owens and Daniel Keyes to be considered for interviews. Mrs. McKenna thought that the committee’s recommendation was an incredible tribute to Ms. Vine. All members of the Board stated they support the recommendation of Ms Vine continuing on as Acting Manager, but would also like to interview the two candidates. The Board asked Ms Selectmen’s Meeting – October 25, 2004 Vine to come up with a plan of what support she would need to continue on as Acting Manager and will set up interviews of the two candidates for Monday, November 1, 2004 beginning at 5:30 p.m. Regular Town Manager Search Committee First the Board addressed the question of whether or not to hire a Search Firm to help with this process. Evelyn Silber (PAB) had spoken with Karl Frizel a Selectmen from the Town of Winchester. Winchester recently completed a search for Town Manager. They did hire a Search Firm, MMA Consulting. They were very pleased with the process this firm used. The firm received 72 resumes for the position. They presented 12-semi finalist to the Town’s search committee, which presented 5 finalists to the Board of Selectmen. The Selectmen did extensive background checks on all finalists. The cost of using the Search Firm was approximately $10,000.00. Janet Perry (PAB) had spoken with Karen Malloy, Personnel Director for the Town of Arlington. Arlington also recently appointed a new Town Manager. They also used a search firm, Bennet & Associates. They were pleased with the process and its results. The fee for this town’s search was $18,000.00. The difference in cost could be attributed to the different services each community needed to have performed by the firms. The Board agreed to request proposals from the four local Search Firm and discuss those proposals at it’s next meeting. The Board also agreed to wait until it’s next meeting to vote on the suggested membership for the regular manager search committee. Conservation Commission Fees Phil Hamilton and Karen Mullins presented the Conservation’s proposed new fee schedule. Although the Commission does not need the Board to authorize these increases but it would like to keep the Board informed of such changes. They commented that the fees have not been changed since 1988 and that their proposals were in line with surrounding communities. The increased revenues from these fee increases will fund a full-time conservation assistant. However the increases will fall short of fully funding that position. Mrs. McKenna asked that the following information be submitted to the Board, total cost of the position including benefits, compare what the Commission will be losing and/or gaining with what they have currently budgeted compared to what they are proposing and how many applications does the Commission receive annually and what types of applications they are. The Conservation Commission will gather this information and present it to the Board at a subsequent meeting. Selectmen’s Meeting – October 25, 2004 Health Benefits Review Committee Upon motion duly made and seconded, it was voted to appoint a Personnel Advisory Committee liaison to this committee. Upon motion duly made and seconded, it was voted to appoint Bob Beckwith, Dick Dougherty, Tom Goodwin, Paul Lapointe, Nancy Meadows, Tom Rand, Linda Roemer, Deborah Strod, Maggie Olivia, subscriber; Rose Ducharme, municipal staff support; Paul Hamburger, Appropriations Committee Liaison; Richard Eurich, Appropriations Committee Liaison; Bill Kennedy, Selectmen Liaison; Tom Griffiths, School Committee; Evelyn Silber, PAB and a staff support person for the School Committee to the Health Benefits Review Committee. Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m. A true record; Attest: Lori A. Manning Clerk