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HomeMy WebLinkAbout2004-11-BOS-min Selectmen’s Meeting November 1, 2004 A regular meeting of the Board of Selectmen was held Monday, November 1, 2004, at 5:30 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. Interviews-Interim Town Manager The Board interviewed two candidates, David Owen and Daniel Keyes for the position of Interim Town Manager. Each candidate was asked questions regarding how they would go about creating annual budgets, recommendations they have to improve Lexington’s process for creating budgets, the level of staff input they need to create a budget, as well as questions about communication with staff and the BOS and what they feel would be the ideal relationship between the Town Manger and the BOS. Once this questioning period was completed each candidate was given the opportunity to ask questions of the Board. Selectmen Concerns and Liaisons Mrs. Krieger reminded the Board they had previously authorized the Chair to send a letter to Senator Kennedy and Massachusetts Defense Technology Initiative (MDTI) supporting the conceptual designs for Hanscom Air Force Base (HAFB), these designs provide for more office space on the base as well as traffic enhancements. These designs were done with the idea of attracting other base locations to move their activities to HAFB. The next step in the Base Realignment and Closure process (BRAC) is to develop contingency plans in case the base does close. The plans need to address the impact the base closing will have on the surrounding communities. They will include development strategies as well as plans for governing the land. Going forward Hanscom Area Towns Committee (HATS) must define the scope of the work specified in the original Office of Economic Adjustment (OEA) grant application, develop a request for a proposal and select a consultant to administer the project. Lincoln’s Town Administrator is suggesting that Glen Garber be hired as the consultant. The cost of hiring Mr. Garber as a consultant will be approximately $4300. per HATS community. Mrs. Krieger told the Board she had just received this information today and suggested she forward the information to each member of the Board so they can familiarize themselves with it and discuss it at the Board’s next meeting. Mrs. McKenna reminded everyone that November 2 was Election Day and she encouraged everyone to get out and vote. Mrs. McKenna also invited everyone to honor veterans and participate in the Veteran’s Day activities planned in Town. Selectmen’s Meeting – November 1, 2004 At a recent Library Trustees Meeting Mrs. McKenna learned the final totals from the Summer 2004 Summer Reading Program were 153 participants, reading for 20,400 hours. Mrs. McKenna thanked all those who participated. She also thanked the Boston Red Sox for their contribution to the library of ten books about children with developmental disabilities. The Red Sox Foundation donated these books to all Massachusetts public libraries. Town Manager Report Ms. Vine updated the Board on preparations for tomorrow’s election. The Town has received 2,000 absentee ballots and expects a 90% turn out at the polls. New state regulations require that newly registered voters will need to provide identification. Mrs. McKenna thanked the Town Clerk and staff for the extra time and effort they have put in to get ready for the election. Ms. Vine would like to schedule the first Budget Collaboration Meeting for the week of th November 15 and asked the Board which day would best suit them. It was decided to hold the th meeting on November 17. Town Manager Search Interim Town Manager The Board discussed its options for filling this position. The strengths and experiences of two candidates interviewed tonight were discussed. The Interim Search Committee recommends that we also consider appointing Ms. Vine to continue as Acting Town Manager. Ms. Vine described to the Board what additional support she would need to get through the FY06 budget process. Hiring John Ryan, former Comptroller, to work with Ms. Vine would be a tremendous help to her. Ms. Vine has spoken with Mr. Ryan and he is able and willing to come to work for the Town on a temporary, part-time basis. The Board agreed that Ms. Vine is doing a tremendous job as Acting Town Manager and having her continue as such is the best option. Upon motion duly made and seconded, it was voted to offer the position of Acting Town Manager to the current Acting Town Manger, Ms. Vine until the Board selects and appoints a regular Town Manager and accommodate the Acting Town Manager with outside support in fulfilling this role. Regular Town Manager Upon motion duly made and seconded, it was voted to appoint the following membership to the Regular Town Manager Search Committee: Cathy Abbott, Susan Bottan, Robert Cataldo, Bebe Fallick, Olga Guttag, Bill Kennedy, Henry Lui, Don Marquis, Bill Middlemiss, Richard Pagett, Barrie Peltz, Janet Perry, Scott Wilson, Martha Wood, Deborah Brown (Appropriations Liaison) and Shirley Stoltz (Capital Expenditure Liaison). Selectmen’s Meeting – November 1, 2004 Upon motion duly made and seconded, it was voted to appoint Janet Perry as Chair of the Regular Town Manager Search Committee. The Board reviewed a comparison of the proposals received from search firms they had solicited. The four firms that have submitted proposals are: MMA Consulting Group, Bennet Yarger Associates, Groux and Associates and Gov’t Consulting Group. The Personnel Advisory Board recommends that the Gov’t Consulting Group be removed from consideration; their search experience appears to be limited. The other three should be interviewed. Mrs. McKenna and Ms. Perry will meet with representatives from the three firms and bring a recommendation to the Board at its next meeting. Water & Sewer Rate Hearing th The hearing was continued from the October 25 meeting to allow Mr. Hadley, Public Works Department, to prepare further information. Tonight Mr. Hadley is asking the Board to approve a 3.3% increase to the Water/Sewer Rate. The Board was prepared to vote on this tonight, however it requests that the Finance Director prepare a step by step reconciliation showing why there has been a decrease in reserves and a plan for moving forward on the receivables. Upon motion duly made and seconded, it was voted 4-1 (Kelley) to approve a 3.3% increase to the Water/Sewer Rate. Phone Book Cover Letter Upon motion duly made and seconded, it was voted to authorize the Chair to sign the revised Phone Book Letter. Municipal Electric Utilities Letter The Board encouraged the Chair to sign a letter to Senator Fargo regarding Bill H1468. Reappointments to the Commission on Disability Upon motion duly made it was voted to authorize the Acting Town Manager to reappoint Michael Martignetti and Charles Cole to the Commission on Disability. Selectmen’s Meeting – November 1, 2004 Annual Reappointments/Appointments Upon motion duly made it was voted to reappoint Marshall Derby to the Condo Conversion Board for a three-year term to expire September 30, 2007. Upon motion duly made it was voted to appoint Susan Bottan to the Health Benefits Review Committee as the school representative. Upon motion duly made and seconded, it was voted to reappoint Steve Frymer to the Traffic Safety Advisory Board for a one-year term to expire September 30, 2005. Alcoholic Beverage License Regulations The Board reviewed a draft of the Alcoholic Beverage License Regulations. The regulation will be brought before the Board for a vote at its next meeting. Consent Agenda Upon motion duly made and seconded, it was voted to approve a one-day liquor license for a Western Round Up Fundraiser at the National Heritage Museum for Saturday, November 6, 2004. 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 budget discussions with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 9:15. A true record, Attest: Lori A Manning Clerk Selectmen’s Meeting November 8, 2004 A regular meeting of the Board of Selectmen was held Monday, November 8, 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 and Ms. Manning, Clerk were present. Public Comment Lisa Bryant, a member of the Ad Hoc Committee for Lexington Reads presented the Lexington Reads Program to the Board. Lexington Reads is a reading project aiming to cultivate the culture of reading and discussion in Lexington by bringing our diverse town together around one great book and important ideas. The program will “kick off’ on January 9, 2005 at Cary Hall with a talk by Lexington resident E. O. Wilson, author of the book The Future of Life, which has been chosen as the book for this year. There will be several follow up events. The goal of the program is to create a community-building program for the town and, with the st reading of this book, to raise awareness of the critical environmental issues facing us in the 21 century. Selectmen Concerns and Liaisons Mr. Kennedy informed the Board that the Health Benefits Review Committee held it’s first meeting. Deb Strod and Dick Dougherty are the co chairs of the committee; the committee will be meeting twice a month. Mrs. Krieger thanked Donna Hooper, Town Clerk and her staff for the excellent very smooth Election Day the town had on Tuesday. Mrs. McKenna, as a matter of public disclosure, informed the Board that the letter included in their package about parking while returning books to the library was from her husband’s uncle. Ms. Vine will be talking to the parking team about the issues raised in the letter. Mr. Bertelli is not the first to complain about this issue. Mrs. McKenna reminded the Board and audience that Thursday November 11 is Veterans Day and she encouraged everyone to take time to honor our veterans by participating in the ceremonies being held in town. Town Manager’s Report Ms. Vine informed the Board that R. Arnold Wakelin Jr., Executive Director for the Town of Wellesley had passed away that morning. Mrs. McKenna extended the Town’s condolences to the Town of Wellesley. Selectmen’s Meeting – November 8, 2004 Next Ms. Vine showed the Board a certificate that will be given to the computer managers. Connie Rawson has arranged a small surprise reception for the managers and each of them will be presented with a certificate as a way to recognize their contributions. Regular Town Manager Search Janet Perry gave the board an update on hiring a search firm for the Town Manager Search. Proposals were solicited from four firms. One firm was eliminated based on its lack of experience with Town Manager searches. After reviewing the other proposals and interviewing a representative from each firm Ms. Perry and Mrs. McKenna are recommending to the Board that Groux and Associates be retained to perform the search. The main reasons for recommending Groux and Associates were: Mr. Groux will not be taking on Town Manager searches for other communities while working with the Town of Lexington, Mr. Groux is a former Town Manager, and while checking his references Ms. Perry found he was very highly respected. The Board discussed the cost of hiring Mr. Groux, confidentiality of resumes and advertising methods for the Town Manager position. Upon motion duly made and seconded, it was voted that Mrs. McKenna and Ms. Perry go forward with negotiating an agreement with Groux and Associates. Mrs. McKenna asked the Board to take a final position on the Town Manager Search Committee membership. Mr. Pagett recommended J. Donahue be appointed to the committee. Upon motion duly made and seconded, it was voted to appoint Mr. Donahue to the Regular Town Manager Search Committee. Alcoholic Beverage License Regulations –Package Stores The Board reviewed the final draft of the Alcoholic Beverage License Regulations. There was discussion about item #8 of the regulations, which states that Package stores shall not offer discounts through advertisements, coupons or other marketing or promotional programs, but may offer mail in supplier rebates. Upon motion duly made and seconded, it was voted to adopt the regulation without item #8. Reappointment to the Commission on Disability Upon motion duly made, it was voted to authorize the Acting Town Manager to reappoint Daniel P. Perez to the Commission on Disability. Selectmen’s Meeting – November 8, 2004 Closing Date for 2005 Annual Town Warrant Upon motion duly made and seconded, it was voted to close the warrant for the 2005 Annual Town Meeting on Tuesday, December 28, 2004 at 4:30 p.m. Mrs. McKenna told the Board that she would be meeting with Ms. Vine, Mrs. Battin and Mr. Lahey to discuss what can be done with the process to encourage people to submit not just the Article but also the description and the motion. So there is ample time for the articles to be reviewed by both the Board and various committees. Hanscom Planning In August of 2004, the Town of Lincoln submitted a grant application to the Department of Defense’s Office of Economic Adjustment for funding to carry out planning activities for in the event Hanscom Air Force Base is closed as part of the 2004/2005 Base Re-Alignment and Closure process. Lincoln’s application was submitted on behalf of the four HATS communities of Bedford, Concord, Lexington and Lincoln. OEA has responded positively to Lincoln’s preliminary application. Going forward the HATS communities must work with the OEA to refine the scope of work that was specified in the initial application, develop a request for proposals, select a consultant and administer the contract. The Board is being asked to authorize the Acting Town Manager to enter into a contract with Glenn H. Garber, AICP, to develop a request for proposals. The cost to the Town would be one- quarter of the total estimated project cost of $17,324.00. Mrs. Krieger reminded the Board that Lexington as well as the other HATS communities must be prepared for changes at the Air Force Base. Upon motion duly made and seconded, it was voted to authorize the Acting Town Manager to enter into the agreement and pay the Towns share. Mrs. McKenna commented that she had recently discussed the future of HAFB with Senator Kennedy and he said that both he and Governor Romney support keeping the base open. Mrs. McKenna said she had also discussed her disappointment with the recent cut backs to National Park Services with the Senator. His office will be in contact with her to discuss this. Selectmen’s Meeting – November 8, 2004 Commitments and Adjustments of Water and Sewer Charges for Consent Agenda Upon motion duly made and seconded, it was voted to approve the following water/ sewer commitments: Commitment of Water Charges from 9/1/03 to 6/30/04 $7,321.649.46 Commitment of Sewer Charges from 9/1/03 to 6/30/04 $7,838,945.31 Mr. Pagett expressed concern about approving adjustments without detailed explanation of the discrepancies. Mrs. McKenna and Mr. Kelley made similar comments. Upon motion duly made and seconded, it was voted 3 -1 (Pagett) -1 (McKenna) to approve the following water/sewer adjustments, with the provision that Mr. Hadley will come back before the Board with a more detailed explanation: Adjustment of Water Charges for the period from 9/1/03 to 6/30/04 -$782,574.46 Adjustment of Sewer Charges for the period from 9/1/03 to 6/30/04 -$499,651.04 Executive Session Upon motion duly made and seconded, it was voted by roll call Mr. Kelley, Mrs. Krieger, Mr. Kennedy, and Mr. Pagett and Mrs. McKenna to go into executive session for the purpose of litigation and collective bargaining with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 9:00 p.m. A true record, Attest: Lori A. Manning Clerk Selectmen’s Meeting November 15, 2004 A regular meeting of the Board of Selectmen was held Monday, November 15, 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 Report Ms. Vine reported that Melanson, Heath and Company had begun the annual audit November 8, 2004; it will take three to four weeks to complete. In conjunction with the annual audit Ms. Vine also requested the auditors do an independent audit of Water and Sewer Enterprise Accounts and peer review. She will keep the Board informed of the progress. Financial Policies Shelia English provided the Board with an analysis of Lexington’s credit rating compared to peer communities; an overview of key financial data and questions germane to financial and budget policies to be addressed by the policymakers of the Town before meeting with credit rating agency before the next bond issuance. Ms. English reviewed the Moody’s Report from January 2004. The report states that in order to maintain the AAA rating the Town has been issued in the past, the Town must present a structurally balanced budget and enhance the general fund balance and make cuts to expenditures. Moody’s also advises the Town not to use the funds in the free cash account. Ms. English feels that the Town could gain Moody’s confidence in it’s ability to achieve a structurally balanced budget by committing to growth of the Stabilization Fund, establishing a clear plan for contract negotiations and show an increase in the General Fund Balance. The Board discussed policies surrounding a structurally balanced budget, establishing a Stabilization Fund, expenditure cuts and the use of free cash to balance the budget, and union contracts. Mrs. McKenna told the Board that the Budget Process Planning Group had met on Friday November 12, and had developed the following list of questions they thought needed to be th addressed at the November 17 Budget Collaboration Meeting, 1. What do we have to do as a town to maintain the Triple A Bond rating? 2. Do we or do we not want to use free cash to balance the budget this year? 3. What guidance will we give to the Town Manger and Superintendent in building the FY06 budget? 4. Whether or not the Board wants to build a budget including an override. Selectmen’s Meeting – November 15, 2004 The Board agreed these questions should be the framework for the discussion at the next Budget Collaboration Meeting. Date of Local Election and First Session of Town Meeting Upon motion duly made and seconded, it was voted to set the date of the 2005 Local Election for March 7, 2005. Upon motion duly made and seconded, it was voted to set the date for the first session of the 2005 Town Meeting for Monday, March 28, 2005. Grandview Comments The Board discussed the proposed Grandview project. Despite the Board’ s strong commitment to providing affordable housing, the Board unanimously believes that the proposal is too intrusive and will have a negative impact on the neighborhood. The Board decided to draft a letter to the Planning Board outlining issues it feels need to be considered by the Planning Board before it makes a final decision. Progress Report of Goal Setting Action Items The Board reviewed the listing of Action Items identified at the Board’s Annual Goal Setting Meeting. Town Manager Search The Board discussed proposed changes to the contract with Mr. Groux. There was no objection to the changes. Minutes Upon motion duly made and seconded, it was votes to approve the minutes of September 13, 2004, October 13, 2004 and October 23, 2004. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of June 28, 2004. Selectmen’s Meeting – November 15, 2004 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 at 9:45 p.m. with no intent to return to open session. A true record, Attest: Lori Manning Clerk Budget Collaboration Meeting November 17, 2004 A Budget Collaboration Meeting was held Wednesday, November 17, 2004, in Commons II in Lexington High School. Members of the Board of Selectmen, School Committee, Appropriations Committee and Capital Expenditures Committee were present. Mrs. McKenna called the meeting of the Board of Selectmen to order. Mr. Griffiths called the meeting of the School Committee to order. Mr. Levine called the meeting of the Appropriation Committee to order. Mr. Burnell called the meeting of the Capital Expenditures Committee to order. Ms. Vine took a moment to reassure everyone that they have three good people at the helm of the organization who are committed and dedicated to bring the budget forward in a collaborative process as has been done in past years. Ms. Vine reminded the group that they have the stability of Candy McLaughlin, Michael Young and Susan Bottan who have all been involved in prior budget preparations. Ms. Vine would like everyone to leave tonight with a better understanding of what it will take for the Town to retain its Triple A Rating. She would also like to begin to discuss the financial policies the group has before them. Ms. English addressed the group. She stated that the Town would be selling notes in January 2005. Last time debt was sold was in December 2003 and the Triple A Rating from Moody’s was assigned a negative outlook. The negative outlook reflected the Town’s decline in it General Fund financial position and curbing of financial flexibility. Ms. English further stated that the Moody’s report indicated that going forward, rating actions will focus on the ability of the Town to achieve a structural budgetary balance after several years of imbalance, enhance overall levels of General Fund balances to levels more consistent with the highest rating category, consider improving overall flexibility through alternate reserves such as a stabilization Fund and implementing any expenditure reductions prudently. Ms. English also said that Moody’s needs to know the answers to these questions: how is the Town going to achieve structural balance and how will the Town replenish its reserves in the process? Ms. English suggests we go to Moody’s with a proforma of a balanced FY06 Budget and look forward to the same for FY07 and 08. Ms. English read a list of four questions put together at a recent budget meeting. The questions were: Budget Collaboration – November 17, 2004 1.) What does the Town have to do to retain the Triple A rating? 2.) What should the use of free cash be? 3.) What guidelines should the Acting Town Manager and Interim Superintendent receive for the FY 06 budget? 4.) What should the policy be in regard to an override in 06? Mrs. McKenna asked that everyone focus on the first question, what does the Town have to do to retain it’s Triple A rating? Ms. Brown, Appropriations Committee, began the discussion by asking what the group thinks the Town should be doing as a community to make its budget sounder and to get us in a position that enables the Town to respond to surprises like changes in state aid, local receipts or unexpected expenses. Ms. Brown went on to say the Town needs to retain greater reserves. A goal of setting aside 5% of the Tax Levy for free cash was established a few years ago. The Town has not yet achieved that goal. Ms. Brown also suggested the group address the override schedule. The Town has been on a three-year cycle for overrides, the group should decide if this is a workable schedule and consider what pressures this schedule puts on the operating side. Ms. Brown informed the group that free cash had been certified at 2.3 million dollars. Mr. Burnell, Capital Expenditures Committee, stated that the Moody’s rating is an important function of the activities the CEC is involved in. He asked how does the Town retain the best rating it can and balance that with the other needs we have and if we improve our reserves at what rate do we need to improve them? Mr. Burnell feels it is important for the Town to be managed in a sound fiscal manner. Although Moody’s is extremely important to us the needs of the Town are more important. Mr. Burson, School Committee, asked if the Towns reliance on overrides to maintain level services indicates to Moodys that the Town does not deserve the Aaa rating? Ms. English responded by saying no it does not. Ms. English believes Moody’s is looking for a solid financial plan that includes cuts, enhancement, an override plan or a combination of these things. The fiscal plan must demonstrate that projected revenues for a given fiscal year and an indication we project our expense budgets according to those revenues. Ms. English further stated that the Town will need overrides, given that in Massachusetts Towns are restricted to regulated revenue sources. The question before the group is what should the frequency and structure of the overrides be. Budget Collaboration – November 17, 2004 Mr. Levine, Appropriations Committee, reminded the group that reserves should be built up for use as emergency funds and a means to compensate for State Aid cuts. Reserves are not a massive bank account that allows the Town to live for a certain number of years at a certain level of services when the Town is not generating revenues commensurate with those services. He believes at some point the group should engage in a much more detailed discussion of what our reserves are and the purposes reserves are to be used for. Mr. Levine said satisfying the need of the bond rating agency is one thing; the group needs to get beyond that and decide what kind of state aid cuts, what kind of local receipt problems what kind of emergency situations we need to deal with and be quantitative about it. He also mentioned that the group should develop a better inventory of what the Towns current reserves are. In his opinion the fact that free cash has increased $1 million in one year does not mean we cannot use free cash in the budgeting process. Mr. Levine would also like to know what the group plans for the stabilization fund. Mr. Burson said the Town would pay a high price if it does not retain its Aaa rating. Mr. Burson reminded the group the Town is facing major construction projects and a lower rating may have an impact on the nature and quality of the contractors willing to bid on our Town projects. Mr. Rosenberg, Capital Expenditure Committee, stated that no one has quantified what the difference is in borrowing costs between the Aaa and Aa ratings. Mr. Rosenberg also offered the suggestion that the Town treat its annual operating budget more like the capital budget and suggested it be determined what would it take to operate the Town for more than a single budget period and put in place a plan to improve our position over time. He believes a multi-year credit plan and a multi-year budget would be a positive step for our credibility and prospects. Mr. Kanter, Appropriations Committee, seconded Mr. Burnell’s comments from earlier in the meeting. He added that he believes if the Town is taking steps to move toward the Aaa rating and at the same time manage the Town in an effective way that meets its needs, the Boards should be very proud of its actions and if it falls out that Moody’s doesn’t think we are moving fast enough, so be it. Mr. Kanter believes that using Moody’s criteria as standard and incrementally taking actions toward that end is what is important. He wouldn’t want to see the Towns services to suffer an egregious delta down in order to simply accommodate Moody’s. He realizes there are a lot of unknowns but he endorses that the Boards incrementally do many things toward the goal of achieving the Aaa rating. Ms. English stated the cost of dropping from a Aaa to a Aaa1, afforded by industry specialists in the interest environment of late summer early fall is somewhere between five and ten basis points. A downgrade would be immediate and would affect all of our debt, current debt and all debt moving forward. Ms. English informed the group that the Undesignated Fund Balance is currently $ 3.1 million dollars, the Stabilization Fund balance is $800,000, that totals just under $4 million, this is approximately 3.6% percent of the Towns revenues which is about two times less than the median for a Aaa rated community. Budget Collaboration – November 17, 2004 Ms. English whole-heartedly approves Mr. Rosenberg’s approach to budgeting. We are looking for steady improvement. We need to represent to Moody’s that the Town has fiscal management that is sound. Mrs. McKenna asked if anyone else wanted to comment on the Aaa rating question. Ms. Guttag, School Committee, asked if we are in jeopardy of going down more than one rating level with Moody’s. Mrs. McKenna read a list of the communities who have the Moody’s Aaa rating. Mrs. McKenna said that the amended agenda indicates that after the Boards discuss the four questions mentioned earlier, it also needs to discuss how they should go about reviewing the Free Cash Policy, the Cash Capital Policy and the Blue Ribbon Policy recommendation of a three- year override schedule. Mr. Hamburger, Appropriations Committee, said it was not the Blue Ribbon Committee that determined the three-year override cycle. He further stated he believes the three-year cycle is too long and suggests the Boards consider shortening the cycle. Ms. English brought up the subject of collective bargaining, she stated the School Department has a structurally balanced budget for FY05 but the Municipal Departments do not. The Town has deferred its 05 salary costs to 06. We have to be sure not to take that trend forward. Mr. Burson feels very strongly that it is in our best interest to settle all contracts going forward for a three-year period. He urges the Selectmen to consider taking action at the soonest opportunity. He doesn’t think it is something we can defer until leadership in the Town Manager’s Office is rearranged. The Town will permanently have an uncertainty until we ascertain what level costs will be. Mr. Kelley stated his position that he is a strong advocate of budgeting with the full expectation of retaining the Aaa rating. Mr. Kelley suggests when structuring future budgets the Town should take a conservative position on the revenue side in regard to new growth and designate a certain percentage of new growth to the reserve or stabilization funds. Mr. Kelley also suggests the group look into monitoring the FY05 departmental budgets and ask all departments to bring forward reduced expenditures of one or two percent for the remaining seven months of the fiscal year. Mrs. Krieger agrees it is important to the Town of Lexington that the Aaa rating is retained. She also believes reserves need to be built in manner that enables the Town to deal with unexpected financial situations and also at a rate that will not impact services brought to the community Budget Collaboration – November 17, 2004 Mr. Kennedy stated that in addition to the benefit the Aaa rating gives the Town on interest rates, it sets a standard for good fiscal planning. Mr. Kennedy is concerned about the reverberations in the Town as well as in the region if we do receive the lower rating. Mrs. McKenna asked the Boards what guidelines should be given to the Acting Town Manager and Interim Superintendent on building the budget. Mrs. McKenna stated that the Selectmen are leaning toward asking the Town Manager to build one level service budget. That also shows what needs are not being met as part of level service. Mrs. McKenna asked Mr. Griffiths if this was similar to what the School Committee was looking for and asked what members of the other Boards think. Mr. Griffiths asked Mr. Hurley, Interim Superintendent, to explain what guidance he has been given. Mr. Hurley’s interpretation of the budget discussion at last nights School Committee meeting is the budget that the School Committee is looking for is one that shows level service with growth. Ms. Vine explained the Municipal process. Ms. Vine has asked the Senior Management Team to prepare a level staff budget, taking a snap shot of what the staffing levels currently are today factoring in inflationary issues. They will also provide a needs based budget, capturing what has been lost in the past year or so. The Town side is 21% down in staffing. Some departments are having trouble managing with their current staff. Within the level staff budget Ms. Vine has asked the managers to be as creative as possible. Ms. Vine believes the Needs Based Budgets will be the best picture of what is needed to service the community. Mrs. McKenna commented that both sides seem to be using similar processes. Next she asked if the other Boards were comfortable with the process. Mr. Levine stated the Appropriations Committee recommends a level-staff budget. The Committee is not advocating this as the final budget, but as a starting point. Mr. Kanter stated the Appropriations Committee realizes there will be some legal contractual obligations especially on the school side, these should be broken out and explained. For the sake of the audience Mrs. McKenna listed the dates of future budget meetings for both the municipal and school departments. Mrs. McKenna feels the Boards need to discuss whether or not the FY06 budget would include an override. Budget Collaboration – November 17, 2004 Mr. Diaz feels the three-year override schedule is too long. Projecting circumstances over a period of three years is hard to do. He wonders if shortening the cycle to two years is sufficient. He personally believes the override amount this year was too small. Mr. Diaz believes if the Town gets through 2006 without an override there will definitely be the need for one in 2007. Mr. Burnell asked the group to keep in mind the two year cycle for operating overrides would imply there would be an override either capital or operating every year. Mr. Kanter stated he feels it is premature to decide on whether or not to plan for an override in FY 06. The group should be careful not to present the appearance it has abandoned management. Mr. Kennedy recommended the Selectmen and School Committee go forward with a plan to consolidate services. Mr. Griffiths agreed that streamlining operations to combine school and Town functions is a good idea. Ms. Guttag is also an advocate for finding opportunities to combine services where possible. Upon motion duly made and seconded, it was voted to adjourn at 9:00 p.m. A true record, Attest: Lori Manning Clerk Selectmen’s Meeting November 22, 2004 A regular meeting of the Board of Selectmen was held on Monday, November 22, 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. Mrs. Krieger informed the Board that the Communication Advisory Committee (CAC) has ended negotiations with RCN. The CAC will be coming before the Board to recommend that it amend the current contract with RCN. The impact of the amendment is that RCN will be relieved of it’s obligation to complete the build out, which requires a lot of underground work, in order to be able to provide service to all Lexington residents. In consideration RCN will pay the town $50,000; they will also provide additional bandwidths for both the school and municipal departments. Mrs. Krieger described the process the Board must follow before it can vote. Mrs. McKenna announced the Annual Tree Lighting Ceremony would take place Friday, November 26, 2004, at 7:00 p.m. Mrs. McKenna encouraged citizens to attend. The following Friday night will be shopper’s night in Lexington Center. Mrs. McKenna encouraged people to do holiday shopping in Lexington Center. Parking Plan for Town Hall Ms. Vine introduced Gail Wagner, Transportation Coordinator, to the Board. Ms. Wagner was at the meeting to review a Parking Plan for the Municipal Lot. The staff would like the Board to endorse the plan so the necessary changes can begin. Ms. Wagner reviewed the plan and answered the Board’s question. Mr. Pagett asked about the six spaces on Fletcher Ave. He feels it is unlikely that center business customers would use those spaces. He suggested permitting those spaces or limiting the number of hours you are able to park there. Otherwise, the spaces will be used by commuters for all day parking. Mr. Kennedy asked if the spaces would be useful to people using the bike path. Mr. Kelley wants to see that customer’s needs are accommodated; he would like to keep options open for more customer parking behind the Town Office. Mrs. Krieger supports leaving Fletcher Ave. spaces available for people coming to use the bike- path. Mrs. McKenna would like the six spaces on Fletcher Ave. to be permitted. Selectmen’s Meeting – November 22, 2004 The Board asked Ms. Wagner to investigate the best usage for the Fletcher Road spaces and whether or not more customer parking behind the Town Office Building was possible and report back to them. Holiday Lexpress Service and Attended Parking Lot First, Ms. Wagner addressed the parking issue. She informed the Board that in 1996 it was decided by the Board of Selectmen that the Depot Square Lot would be operate unattended on Saturdays from late fall until early spring. So there is no need for any policy change to be made for holiday shopping parking in the Depot Square Lot. Ms. Wagner had also met with Captain Sargent of the Lexington Police Department to discuss free meter parking on Saturdays during the holidays. She reported that the Police Department utilizes a relaxed meter enforcement policy for the two weeks proceeding Christmas. This policy does not excuse excessive overdue time beyond the meter time limit. The goal of parking enforcement remains to provide turnover at the meters to accommodate as many parkers as possible. Mrs. McKenna asked if anyone else on the Board felt free meter parking should be extended. The Board is comfortable with the present policy. Ms. Wagner told the audience that the Depot Square Lot would provide free parking during the Tree Lighting Ceremony and Shoppers night from 5-8 p.m. Next Ms Wagner talked about Lexpress service. Last year five Saturdays were added to the schedule and rider ship was very low. Based on that the Transportation Advisory Committee recommends that Saturday service not be implemented again this year. The Board decided to follow the recommendation of the Transportation Advisory Committee. Customer Service Center Kerri Evans, Management Intern, presented a project plan for the first phase of the Customer Service Center; this phase will be called the Information Center at Town Hall. In the upcoming year, the project team plans on researching and implementing many behind the scenes projects that will allow for better customer service and a smoother transition to a full service Customer Service Center. The project includes: evaluating Town Hall signage inside the building; taking a comprehensive look at Town forms and possible consolidation, as well as increasing form availability in many locations including the Town’s website; and improving the Town Employee intranet to provide employees consistent information in one location to better provide customer service to citizens. Selectmen’s Agenda – November 22, 2004 The Board feels this is an excellent start to the Customer Service Center, and complimented the committee on the effort they have put into it. Ms. Vine added the committee is trying to work in incremental steps. There will be no requests for structural changes or addition to staff until FY07. Mr. Cohen, Town Meeting Member Precinct 3 asked, if a location had been selected for the actual Customer Service Center. Ms. Vine responded that the Center would be located in the Town Clerk’s area. FY06 Budget Ms. Vine presented the Board with a sample budget of what the Senior Staff will be using for budget preparation and presentations. Ms. Vine anticipates the Board will be looking for enough detail to know what’s building the final numbers and have a sense of the staffing structure. She asked the Board what its expectations were beyond that. Mrs. Krieger would like each department’s presentation to include a narrative, which gives an overview of the functions each department provides. She feels this information is helpful for the Board as well as the citizens at large. The Board discussed their expectations and decided it would like a narrative with each department’s presentation. The narrative should include an overview of each department’s function. The Board also asked that projected income and grant information be included in each department’s presentation. Policy Manual Mrs. McKenna distributed policy manuals to each member of the Board. She explained that the Policy Manual Committee reviewed all Selectmen’s Meeting Minutes dating back to 1978, which is the last time policies and regulations were updated. Next the committee put this information into one document. Then the committee members reviewed the procedures and updated them to reflect current practices. There were no policies regarding Conflict of Interest, Ethics or the Open Meeting Law these were added these to the document. The Board decides all of the Policies and Regulations, so unless there are state laws mandating a policy, the Board is free to make any changes it feels are necessary. Mrs. McKenna asked members of the Board to review the document and be prepared to discuss at the December 6, 2004 meeting. Selectmen’s Meeting – November 22, 2004 Regular Town Manager Mr. Pagett updated the Board on the progress of the Regular Town Manager’s Search Committee. The committee met the consultant, Mr. Groux, at it’s last meeting. Most of the meeting was spent discussing how each stage of the recruitment/interview process would be handled. Particular reference was given to confidentiality of the applications. The committee also finalized the advertisement for the position. The advertisement is currently on the web site of the International City Manager Association, the town web site and the MMA website. Applications will go directly to the consultant. Mr. Groux will review and grid the applicants and then share them with the committee. Mr. Kennedy commented that in addition to advertisement a lot of outreach would be done. The committee feels confident that they will get a good pool of candidates. Mrs. McKenna asked if there was an application deadline given for the ad. Mr. Pagett said there is no firm deadline, the ad does however state that interviews will commence mid to late January. Middlesex State Hospital – Review of Scope Services The Board reviewed a letter drafted by MaryAnn McCall-Taylor with input from the Middlesex Hospital Task Force and representatives of various neighborhood associations. These associations have been working with Department of Capital Asset Management on the disposition of Parcel One of the former Middlesex Hospital property. Parcel One consists of fifty-seven acres, fifty-four in Lexington and four in Waltham. DCAM is working under special legislation that allows them to auction state property under an expedited process that doesn’t require a full regulatory process. This special dispensation runs until the end of this fiscal year. DCAM is very interested in auctioning this piece of property. Representatives from Lexington asked DCAM to allow time for a planning process. Initially DCAM agreed to accommodate the time for the planning process and to allow the community to determine what the best use of the property would be. However, after Parcel Six sold for one million dollars per acre, DCAM had a change of heart and decided it needed to get parcel one auctioned off by the end of this fiscal year. The arrangement is that DCAM has agreed to a planning process and will pay for that process, one condition of this is that representatives from Lexington will be allowed to review the scope of the work. The letter Ms. McCall Taylor has drafted essentially tells DCAM they changed the rules by adding the parcel in Waltham, without notifying Waltham officials. It asks that the Trapelo Road study be started so some of the data from that study could be used in determining the best disposition of Parcel One. The letter cautions the fact that there are some sensitive areas where vegetation needs to be seen in its natural state so the extent of wetlands can be determined, this cannot be done until springtime. It also asked that a Charette be held before consultants study the site, this would provide an opportunity for everyone to come to an agreement on a broad vision before consultants propose specific solutions. Charettes would then be held again at the end to evaluate the various development scenarios. Selectmen’s Meeting – November 22, 2004 Mrs. Krieger told the Board there are several very active citizens groups, including the Waltham Land Trust, the Belmont Land Trust, the Belmont Citizens Forum and the Western Greenway that are interested in this parcel. The preference is that the land be left open rather than developed. Mrs. Krieger asked that the letter be copied to Mayor McCarthy of Waltham. She recommends that the Board authorize the Chair to sign and send the letter to DCAM. Mr. Pagett asked who had purchased Parcel Six. Mrs. Krieger responded by saying parcel six had been purchased by a local developer. The parcel was sold under the agreement that the developer could only build single-family houses on that property. Upon motion duly made and seconded, it was voted to authorize the Chair to sign the letter to the Commonwealth Office of Real Estate regarding the land use scope of services for the former Middlesex State Hospital. Future Meeting Dates ththth Mrs. McKenna announced that there are meetings scheduled for December 6, 13 and 16, 2004. There will be no meetings during the last two weeks of December, unless one is necessary for the purpose of approving licenses. A Budget Collaboration Meeting is scheduled for January 5, 2005 and Selectmen’s Meetings are ththst scheduled for January 10, 24 and 31, 2005. thth Meetings are scheduled for February 7, 14, and 28th, 2005. The Board agreed they should tentatively schedule meetings on January 12, 2005 and February 9, 2004 in case further time is needed for budget discussions. stthth There are meetings scheduled for March 14th, 21, 28 and 30. Mr. Pagett suggested a meeting th be scheduled for March 8, instead of meeting March 7, which is election day and could cause changes to the Board. Annual Appointments/Reappointments and Resignations Upon motion duly made, it was voted to appoint Parker Hirtle as a full member of the Design Advisory Committee, effective immediately, for a term to expire September 30, 2005. Upon motion duly made, it was voted to accept the resignation of Walter Pierce from the Design Advisory Committee, effective immediately. Upon motion duly made, it was voted to accept the resignations of Maggie Oliva and Paul LaPointe from the Health Benefits Review Committee. Selectmen’s Meeting – November 22, 2004 Upon motion duly made, it was voted to appoint Claudia Sheffield to the Health Benefits Review Committee as the subscriber member, effective immediately. Upon motion duly made, it was voted to appoint Dana Ham as the school representative and Charlie Sargent as the police designee to the Traffic Safety Advisory Committee effective immediately, for a term of one-year that will expire September 30, 2005. Consent Agenda Upon motion duly made and seconded, it was voted to approve the payments of $15,000 for police overtime; $5263 for DPW Overtime and Fire Department Overtime for services these th departments provided for the July 25 DNC Reenactment. A true record, Attest: Lori Manning Clerk Selectmen’s Meeting November 29, 2004 A regular meeting of the Board of Selectmen was held Monday, November 29, 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. Selectmen Concerns and Liaisons Mr. Kennedy told the Board a providers meeting of Youth Services Council had been scheduled for 1/26/05. Mrs. McKenna mentioned the Shopper’s Open House is being held Friday, December 3, 2004. Mrs. McKenna urged citizens to patronize local businesses. Mr. Pagett said he had heard about an open house being held at the new Bedford DPW facility. He suggested representatives from the DPW and the Permanent Building Committee attend. Town Manager Report Ms. Vine told the Board that she is planning Employee Recognition Day and will be holding a reception for all Town Employees on Wednesday, December 8, 2004 from 2:00 p.m. – 3: 30 p.m. in Cary Hall. Mrs. McKenna reminded the audience that town employees work hard to serve the citizens and deserve their respect. Regular Town Manager Search Mrs. McKenna informed the Board she had finalized a contract with Groux & Associates. Mr. Pagett reported the Regular Town Manager Search Committee hadn’t met since the Board’s last meeting. Mr. Pagett had received information from Ms. Perry indicating Mr. Groux had received a dozen credible resumes. Sidewalk Committee Mrs. Krieger presented a draft Sidewalk Committee Charge proposal. The purpose of the committee will be to support and encourage implementation of the recommendation of the Transportation Element of the Comprehensive Plan for increasing pedestrian activity and reducing traffic by considering the adequacy of the town wide sidewalk network to safely address the Town’s recreation and commuter needs. Mrs. Krieger suggested the membership of the committee consist of PTA members, representatives from neighborhood organizations, bicycle and recreation enthusiasts, former members of the planning board, School Committee, Board of Health, Commission on Disability and former Selectmen. Selectmen’s Meeting – November 29, 2004 Mrs. McKenna commented later in the meeting the Board will be discussing goal setting and th developing a sidewalk policy was 6 on the list of priorities. Mrs. McKenna said Mrs. Krieger’s proposal contains some good ideas as to how to address that policy. Mrs. McKenna commented the committee is advisory to the BOS so she asked that the description contained in the draft include a statement detailing that fact. Mrs. Krieger suggested the committee would like its scope to be broad enough to allow them to advise policies to other elected boards as well. Mrs. McKenna reminded the board that unless a committee is set up through town meeting the committee has to be advisory to the BOS. Mrs. Guttag of the School Committee stated that she thinks this is a great program she will work with the Board to make it happen and will announce the approval of the committee charge at the next School Committee meeting. Upon motion duly made and seconded, it was voted to approve the proposed draft for the Sidewalk Committee charge with Mrs. McKenna’s suggested change. Communications Advisory Committee-RCN Mr. Becker presented the Board with an amendment RCN requests be made to its cable license. RCN is currently operating under a 10-year license with Lexington, dated May 24, 1999. Under that agreement, the company agreed to: 1.) to provide service to all residents in town; and 2.) to place their cables underground in areas where other utilities are underground at their own expense. The cable system installation was to be completed no later than May 24, 2001. RCN completed all their aerial installation and began their underground work when a series of events left them unable to meet their obligations. Subsequently, RCN’s parent company became unable to service their large debt and entered into bankruptcy. In an attempt to get out of bankruptcy, RCN has offered shares of the company to their lenders. In an effort to assure the lenders there are no hidden liabilities in their franchise agreements, RCN is making offers to approximately ten communities in which they have not completed installations attempting to eliminate the completion requirement. RCN is offering Lexington a $50,000.00 payment and in-kind Internet communications broad bandwidth that would greatly ease pressures on Town and School Internet capacity. The state-mandated rules for a cable license amendment require that the Town open a 21-day comment period preceded by two weeks of notice in a local newspaper and on the cable operator’s public access channel. The notice period has begun with an advertisement scheduled thnd to appear in the Minute Man November 24 and December 2, 2004. On this schedule, the BOS will be able to consider the license modification in light of any public comments after December th 30. The Selectmen had several questions Mr. Becker will research and present the answers at a subsequent meeting. Selectmen’s Meeting – November 29, 2004 Goal Setting Ms. Vine reviewed an inventory list of the goals that came out of the annual BOS goal setting session. The Board discussed what priorities they will be working on this year. They also indicated that some priorities involve other boards and committees. Meetings will be set up with those groups to discuss mutual interests. Mr. Kennedy asked Ms. Vine for an update on priority number two, Ms. Vine will forward a response in writing to the Board members. Consent Agenda Proclamation Employee Recognition Day Upon motion duly made and seconded, it was voted to declare Wednesday December 8, 2004, Employee Recognition Day. The Board authorized Mrs. McKenna to write a letter to the Minute Man informing citizens about Employee Recognition Day and encouraging citizens to show their appreciation for the services Town employees provide. Upon motion duly made and seconded, it was voted to adjourn at 9:00 p.m. A true record, Attest: Lori A. Manning Clerk