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HomeMy WebLinkAbout2004-12-BOS-min Selectmen’s Meeting December 6, 2004 A regular meeting of the Board of Selectmen was held Monday, December 6, 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 and Ms. Manning, Clerk were present. Drew Smith and Casey Harvell, representing the Youth Commission, announced that the Youth Commission will be holding a Toy Drive, Saturday, December 11, 2004 from 12:00 p.m. until 2:00 p.m. in Depot Square. Toys collected will be given to Lexington families in need. Bruce Embry, a Lexington resident asked the Board for information concerning the Demolition By-Laws regarding a historically significant building. Ms. Vine will get that information and contact Mr. Embry. Selectmen Concerns and Liaisons Mrs. McKenna announced that the Lexington-Bedford Pop Warner Cheerleading Squad placed second in the Regional Cheerleading Competition. This makes the squad eligible to participate in the National Competition. Mrs. McKenna congratulated the squad and informed the audience that the squad is currently doing some fundraising to raise the money the squad needs to get to the National Championship in Florida. Mrs. McKenna told the Board that she had attended the Bedford Public Works Facility Open House over the weekend. Mrs. McKenna was very impressed with the new facility. Ms. Vine is trying to arrange a tour of the facility for other members of the Board. Town Manager Report Cary Hall Re-Use Plan. Approximately one month ago Ms. Vine presented a draft of the policy for use of Cary Hall. At that time Mr. Pagett had indicated he wanted to see more information regarding long-term usage. Ms. Vine presented another draft of the policy and asked the Board to review and discuss it at a future meeting. Hartwell Avenue Business Plan. Ms. Vine also gave each member of the Board a copy of the proposed business plan for Hartwell Avenue. Ms. Vine told the Board that Bill Hadley, Public Works Director will be coming before the Board next week to discuss the plan. Mr. Hadley would like members of the Board to review the plan and send any questions they would like answered during his presentation to him via e-mail. rdth 3 Quarter / 4 Quarter Tax Bills Ms. Vine introduced Mr. Grant and Mr. Foster, of the Board of Assessors, and Mr. Nugent, Town Assessor, to the Board. Selectmen’s Meeting – December 6, 2004 The Assessors Office in association with the Board of Assessor’s is asking the Board of Selectmen to delay the issuance of actual tax bills for the third quarter of FY 2005 until the fourth quarter of FY 2005. The delay is being requested as a direct result of this year’s reassessment and certification process that has delayed the final determination of values. Postponing actual tax bills until the fourth quarter will allow staff sufficient time to finish determining values. Mr. Foster and Mr. Grant explained another major reason for the delay is the loss of staffing in the Assessor’s Office, caused by positions lost due to the 2003 override loss and through the Early Retirement Program. . The Board discussed the staffing level of the Assessor’s Office. Ms. Vine explained that the Assessors Office staff currently consists of three full-time and one part-time position. The FY06 Needs Based Budget for this department brings forward two additional full-time positions. Local Initiative Program (LIP)- Piper Road John Esserian, President and Joe Marino, Director of Acquisition, from the Home Development Corporation (HDC) introduced themselves to the Board. They are here tonight to request the Board consider using the state’s Local Initiative Comprehensive Permit Program as the approval method for developing a 1.33 acre property on Piper Road. Mr. Marino reviewed the Local Initiative Program (LIP) process, a description of the conceptual plan, comments and feedback they have received from their outreach efforts. First Mr. Marino explained the application process for a LIP Comprehensive Permit. This type of permit requires resolution of issues and a Town Developer Agreement before filing an application with the Sate and then the Zoning Board of Appeals. This means that only with cooperative efforts of the Town and Developer can the development move forward. The LIP puts the responsibility for negotiating and approving overall design, site plan, affordability, environmental and community impact and consistency with local need on the Board of Selectmen and Local Housing Partnership. Next Mr. Marino described the property itself. It is a 1.33 acre property located at the corner of Piper Ave., Waltham Street and Route 2. The property is made up of two parcels, it is currently zoned RO. Their conceptual plan includes eight unit ownership/condominium town houses and semi-attached residential development. There are three buildings: two single-family attached buildings and one town house building with four units. A comprehensive permit development requires that at least 25% of the units be affordable to households at or below 80% of the median income in the area. Selectmen’s Meeting – December 6, 2004 Mr. Marino told the Board about the outreach program undertaken by HDC to provide information, gather comments and get feedback from the community. HDC has spoken directly with and/or met with some of the affected parties. So far the vast majority of comments received have indicated that the general idea of using the property for a town house development is acceptable. One abutter has indicated no support for any kind of housing development on that site. HDC is asking the Board if it wants to use the LIP program as the approval method for this piece of land, and if so what process would the Board like to use to reach a consensus and approve the plan. Mrs. Krieger suggested that if the Board decides it wants to recommend using the LIP Program it should defer review of the proposal to the Planning Board Mr. Cohen, representing Temple Emunah, said they welcome the opportunity to be involved in the process. Ms. Zerloff asked about the driveway Mr. Marino had described. Mr. Braser, resident 1 Piper Road asked if the septic system would be sufficient for that size development. He also said that abutters are opposed to blasting. He would like to suggest a complete environmental impact study as well as a traffic study. Mrs. McKenna reminded the Board and the audience that the Board is not going to make a decision tonight as to whether or not to allow this development. The question before the Board tonight is, does the Board think this is an appropriate site to consider for the LIP Program? The Board must also decide if this is a process it wants to undertake, or as Mrs. McKenna’s colleagues have suggested, would the Board prefer to defer to the Planning Board. Kevin Johnson, President of the South Lexington Civic Association, feels process is important. The Planning Board is the correct Board to determine the process. The Association believes this may be an appropriate use of the property. It would like to be involved in whatever process is used to approve any development at this location. Mrs. McKenna stated she agrees with a lot of the comments made tonight; however, she would hesitate to approve a development on property with a private septic system. Based on comments made tonight, Mrs. McKenna believes that the Board of Selectmen supports the notion of this as a potential site for housing that it would qualify for the LIP program and the Board would like to defer it to the Planning Board to investigate. Then the Planning Board could bring back to the Board a recommendation on how to proceed. Selectmen’s Meeting – December 6, 2004 Upon motion duly made and seconded, it was voted to defer the decision on the LIP proposal until the Planning Board has had the opportunity to give it a full review as they would any cluster sub-division. The Planning Board will also have the opportunity to negotiate with the developer appropriate mitigation issues that will satisfy the needs of the neighborhood associations. Once the Planning Board has completed it’s review the proposal will be brought before the Board of Selectmen and the Lexington Housing Partnership for approval. Mrs. McKenna and Mrs. Krieger discussed the involvement of the Lexington Housing Partnership Board. Bob Bicknell, Chairman of the Lexington Housing Partnership Board, stated that Mr. Marino has had conversations with members of the Housing Partnership and fully anticipate participating in the process Regular Town Manager Search Mr. Pagett updated the Board on the progress of the committee. At its meeting last week the committee developed the profile and other information to include in the packets that will be given to the candidates. Wednesday the Committee will begin reviewing resumes. The committees original calendar called for its Chair to come before the Board of Selectmen on th December 13, to report on the search. The consultant has asked if he can join her. Mr. Pagett th would like to confirm that this is on the agenda for the 13 . Mrs. McKenna confirmed that Ms. th Perry is scheduled to come before the Board on December 13. Mrs. McKenna told the Board that the consultant, Mr. Groux, has asked for guidance from the Board regarding compensation for the position. Policy Manual Committee At the November 22, 2004 Selectmen’s Meeting each Selectmen received a copy of the Procedures Manual for their review. Tonight Mr. Cohen and Mrs. Battin, members of the Policy Manual Committee, are here to answer any questions. The Board discussed contents of the manual regarding: meetings, Town Meeting, record retention, Committees, Open Meeting Laws, agendas, minutes, personnel issues and licenses and permits. All of the Boards questions, comments and suggestions were noted and will be brought back to the Policy Manual Committee for review. Mrs. McKenna will bring the Board’s suggestion back to the Policy Manual Committee. Selectmen’s Meeting – December 6, 2004 PILOTS Michael Young, Budget Officer, was at the meeting to give a follow-up presentation on PILOTS. Mr. Young stated there are currently 1,139 tax-exempt parcels in Lexington. He presented a chart which broke the PILOTS into ten categories. Five of the categories compromising 992 parcels, are designations belonging to governmental or quasi-governmental entities. M.G.L. explicitly prohibits municipalities directly taxing other governmental agencies. Another 44 parcels belong to various religious groups and are also prohibited from municipal taxation. The remaining 103 parcels belong to a series of different groups including private schools, private hospitals, health-related charities, charitable organizations and finally other non-for-profit organizations. Many of these organizations are required to file for tax-exempt status annually by the Massachusetts Department of Revenue. These entities fill out what is called a “3-ABC” paperwork to qualify for tax-exempt status. The DOR is the exclusive authorizing agency for this status. Mr. Young went on to say that in FY 2005, 17 entities applied and received tax-exempt status from the DOR. The remaining parcels are tax-exempt, but are neither governmental nor religious entities, nor do they receive tax-exempt status through the “3-ABC” application process. Out of the 1139 tax-exempt parcels only 103 of them do not have governmental or religious affiliation. These parcels and entities that own and occupy them cannot be legally taxed or forced to pay a PILOT. However, this does not necessarily preclude the Town from pursuing PILOTs on these properties. Because PILOTs are generally negotiated between the Board and an entity, the Board can always inquire to see if tax- exempt entities in the Town wish to negotiate a voluntary PILOT. This can be done at anytime, but is generally done when an entity is new to the community or at the time of renovation or construction. Mr. Young reported that the staff is still collecting copies and documentation for the PILOT agreements the Town has. The original estimates for FY 2005 are anticipated slightly lower than collections ($1,041,184.) This can be attributed to parts of several of the older and smaller producing PILOTs with municipalities which rise and fall with economic conditions as well as growth in the tax levy. Liquor License Renewals Chief Casey was at the meeting to address enforcement issues related to the liquor license policies. Selectmen’s Meeting – December 6, 2004 Chief Casey told the Board the Police Department has exercised more scrutiny on establishments covered by this policy over the past nine months. The have been doing compliance checks, they have notified establishments of the training requirement included in the policies and verified that an approved manager was on duty. Chief Casey asked the Board to keep him informed as to any further changes made to these policies. Upon motion duly made and seconded, it was voted to issue the following licenses for 2004: Liquor Club Knights of Columbus Lexington Elks Lexington Golf Club Veterans of Foreign Wars Liquor Common Victualler Athenian Restaurant Bertucci’s Brick Oven Pizzaria Dabin Restaurant Hartwe ll House Restaurant Khushboo Lemon Grass Restaurant Lexx Not Your Average Joe’s Peking Gardens Vinny T’s of Boston Yangtze River Restaurant Liquor Innholder Sheraton Lexington Retail Package Goods Store Berman’s Wine & Spirits Busa Brothers Liquor Lexington Liquor Mart Vinebrook Bottle Shop Wine and Malt Common Victualler Bollywood Annual Report Included in the Selectmen’s Packets tonight were copies of the Selectmen’s report for last years Annual Report. Mrs. McKenna asked other members of the Board to review and come to the next meeting prepared to discuss topics they feel should be included in this year’s report. Selectmen’s Meeting – December 6, 2004 Minutes Upon motion duly made and seconded, it was voted to approve the minutes for July 12, 2004, October 20, 2004 and November 8, 2004, with one correction. Upon motion duly made and seconded, it was voted to adjourn at 8:00 p.m. A true record, Attest: Lori Manning Clerk Selectmen’s Meeting December 13, 2004 A regular Meeting of the Board of Selectmen was held Monday, December 13, 2004, at 7:30 p.m. in the Selectmen’s Meeting Room. Chairman McKenna, Mrs. Krieger, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms. Vine, Town Manager; Mr. Lahey, Town Counsel and Ms. Manning, Clerk were present. Mrs. McKenna opened the meeting by announcing the Board would be going into executive session for the purpose of collective bargaining with the intent to return to open 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 enter into executive session. The Board returned to open session at 8:40 p.m. Mrs. McKenna apologized for the length of the executive session. Selectmen Concerns and Liaisons Mrs. McKenna thanked the Youth Commission for the Toy Drive it held over the weekend. Grant of Location – Verizon New England, Inc. Mr. Fitzgibbon on behalf of Verizon came before the Board to request a Grant of Location Petition be approved for Verizon New England Inc. d/b/a Verizon Communications. The work has been requested to provide a service connection to seven new homes being built on Luongo Farm Lane sub-division. A public hearing is required and abutters have been notified. The contractor that performs the excavation will be required to obtain a Street Opening Permit. The Department of Public Works/Engineering has reviewed the petition, plan and orders for the Grant of Location. Upon motion duly made and seconded, it was voted to approve the petition of Verizon Communications to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Pleasant Street. From existing Verizon conduit run, on the northerly side of Pleasant Street, place conduit in a northwesterly direction, a difference of 9 feet (+/-) into private development of seven new homes. DPW Facility Land Use Mrs. McKenna reminded the audience that during Goal Setting this fall the Selectmen set as a goal the decision of whether to relocate the DPW facility to Hartwell Ave. or build a new facility at 201 Bedford Street. Mrs. McKenna stated that she had spoken with Marian Cohen and Paul Lapointe, who have been involved in previous committees reviewing the land use issue at 201 Bedford Street, regarding where prior processes had and what types of issues still need to be addressed. Selectmen’s Meeting – December 13, 2004 Tonight Mrs. McKenna presented a list of questions that still need to be addressed as well as a draft plan for a potential process to follow. Mrs. McKenna asked Ms. Vine if she would like to comment on the process. Ms. Vine noted that step two of the process involves the DPW staff pulling together staff and committee reports that have been done on the DPW since 1960 and putting together a report for the Board. Ms. Vine is not sure if the staff will be able to meet the completion date of January 18, 2005, as they are currently involved in the FY06 budget building process. th Mrs. McKenna noted the January 18 date is a target date not a firm completion date. Next Mrs. McKenna reviewed the entire process for the benefit of the audience. Mr. Lapointe, Chair of the Public Works Facility/Senior Center Advisory Committee, wants to be sure the staff includes the Charge the Board adopted for that committee when reviewing reports. He said the charge includes issues that need follow up. He also commented that he is aware of opportunities available to public entities that enable them to complete building projects quicker and less expensively and he hopes the Town will investigate these opportunities. Ms. Cohen, COA, hopes the Board will remember the seniors and their need for a new senior center when making its decision. If the Board decides to use the site for mixed purposes the COA hopes a new senior center will be considered for that site. Mr. Kelley said he feels the redevelopment of the DPW facility is overdue. He would like the Board to request that input from the affected department heads, which will enlighten the Board on their point of view, by the end of January. He would like to see the Board go into Town Meeting with a Warrant Article that affords the Town the opportunity to go forward with design work to create a new and appropriate DPW facility. The Board agreed they are comfortable with the process as outlined in Mrs. McKenna memo. Hartwell Avenue Comprehensive Service Plan Mr. Hadley was at the meeting to update the Comprehensive Service Plan that was first presented to the Board in August. Mr. Hadley said that during October 2004, he had met with Ms. Vine, Mrs. Krieger, Mr. Kennedy, Mr. Kelley and Mr. Pagett at the Hartwell Ave. site. At these meetings they all walked the site and observed the composting operation. One of the concerns brought up during these October meetings was preparation of the site and would it be ready to accept the Town’s eight-weeks of curb side yard waste pick up plus the yard waste the Town accepts from Arlington. Mr. Hadley explained that the Town enlisted the help of a local landscaping company to landscape the site for the fall yard waste collection. Because Selectmen’s Meeting – December 13, 2004 of this partnership, operations at the site were well organized. He went on to say that this past week was the final week for the fall waste collection, they experienced no problems and still have enough room for the upcoming spring collection. Another concern was the cost to our operation to process the waste from Arlington. Mr. Hadley said the Town of Arlington pays the Town of Lexington a fee of $38,000 to dump 14,000 of yard waste at the site. It costs the $15,680 to process that waste to a finished product. The Town is able to sell the finished product for $10.00 per cubic yard or $35,000. The net revenue generated through this agreement is $57,320. The Selectmen also voiced their concern about the financial information provided in the original service plan. Mr. Hadley said he and his staff had reviewed those numbers and feel the numbers in the updated plan reflect he true cost of operating the site. He also said that they are in the process of putting Memorandums of Agreement in writing with the contractors who use the site. They believe the composting facility can run without using tax levy dollars. They also believe this plan provides an efficient, environmentally acceptable and producing approach to managing the disposal of yard waste Mr. Kelley stated the operation of the site was going in an excellent direction. He feels the site offers tremendous opportunity still to be recognized. He suggested there be user group meetings between the Town staff and local contractors. Mr. Pagett expressed his interest in seeing more financial data about the operational costs. Mrs. McKenna asked Mr. Hadley to identify what the cost would be to the Town if the whole operation was run in house. She said through conversations she has had with DPW staff who work at the site she learned that the staff believes if department had proper equipment and staffing the Town could run the service by themselves. Mrs. McKenna also inquired what the impact of moving the DPW facility to Hartwell Ave would have on the operation currently going on at Hartwell Ave. Mr. McKenna thanked Mr. Hadley for the update. The Board realizes this is a work in progress and looks forward to getting answers to the questions raised tonight. Chamber of Commerce Mary Jo Bohart and John Ott from the Chamber of Commerce were at the meeting to follow up with the Board regarding goal setting and some questions raised about the Visitors Center and its utilities. Mary Jo Bohart explained the Chamber’s situation at hand as well as the Visitors Center operations in general. In July of 2003, following the failed override the Chamber received notice that the Town for the first time ever was going to pass all cost of the Town’s visitor facility to the Selectmen’s Meeting – December 13, 2004 Chamber of Commerce. The Chamber of Commerce is responsible to manage and staff the facility. The notice coincided with an awkward period for the Chamber, it was operating without an executive director. The organization was not in a position to debate or defend this change, they just quietly accepted the decision. Ms. Bohart became Executive Director in October 2003. By December 2003 she received notice from NStar that the service for the Visitors Center was going to be suspended. Ms. Bohart worked with NStar to work out an arrangement similar to the type of arrangement they do for residential customers. It took them about 6 months to get current. By March of 2004 the Chamber’s NStar account was current. The gas service would not work out a similar arrangement. The chamber has not been able to stay current with the gas company. Ms. Bohart reviewed the operations of the Visitors Center; she gave information regarding who and how many people visit the facility. The Visitors Center is open and staffed seven days a week 364 days a year with a combination of volunteers and paid staff. The facility also houses public restroom facilities. Ms. Bohart further explained that the Chamber has been working closely with the Department of Public Works to include these utility costs in the DPW budget. She understands the level service budget cannot include funds for the Visitors Center because they were excluded last year. However Visitors Center utilities will be placed in the Needs Based Budget. Ms. Bohart would like the Board to give this request serious consideration, as the Chamber of Commerce is not in a position to absorb these costs. Mrs. McKenna asked Ms. Bohart to give the Board a sense of the cost of these utilities and what the income and expenses for the Chamber are. Ms. Bohart responded the average budget for the Chamber is between $200,000 and $250,000; revenue from membership is between $75,000 and $80,000 annually (this can vary). Revenues from non-membership events make up the difference. Costs on an annual basis are $10,000 a year for all utilities associated with the building. It averages out to $2,500 to $3,000 per utility (electric, heat and phone). The Chamber is currently not paying for the phone service at the Visitors Center, the Town is. Mrs. McKenna explained the original agreement on the floor of Town Meeting, which occurred before the building was built, and was prior to the Bicentennial celebration. At that time the Chamber agreed to staff the building if the Town built and maintained the building. So prior to Selectmen’s Meeting – December 13, 2004 the loss of the FY03 override the Town paid all utilities for the Visitors Center. The Chamber staffs and operates the shop with income generated by the shop. Mrs. McKenna wants the Board to give serious consideration to budgeting for these utility expenses Mrs. McKenna went on to say that jeopardizing the Chamber’s ability to make ends meet so they are able to provide this service is something she felt the Board should be fully aware of when making budget decision. Mr. Ott stated that the Chamber of Commerce under the direction of Ms. Bohart has done a lot for the Town. The Chamber itself tries to protect the Towns interest as best as they can. The Visitors Center is the “first face” in the window for many people who come to Lexington and the Chamber must keep tourism as part of its mission, while helping businesses and the Town as a whole. Ms. Manz, Member of the Chamber seconds the argument that the Chamber is acting to promote business in the center. Ms. Manz has a dual interest in this topic as a member of the Planning Board. A focus of the Planning Board this year is the economic health of the center. The Chamber plans events such as shopping night to enhance businesses in the center. The Chamber has funded many things that go on in Town. Mrs. McKenna stated that this is not a decision the Board has to make tonight it will be discussed again during budget presentations. The Board took a short break before budget discussion began. Budget Presentations Ms. Vine began the discussion by saying each department will present a level staff budget and the types of services that will be seen with a level service budget, they will outline in an aggregate sense what is happening within each department. The presentations will provide detail for the departments first and second need based budget requests. Recreation Enterprise Karen Simmons, Recreation Director, presented the Recreation Department budget request for FY06. Ms. Simmons began by reviewing the department’s goals and mission. She reminded the Board that the Recreation Department is self-supporting and is not supported by the Tax Levy. The recreation departments FY06 budget request is $1,481,257; recreation – $896,660; Pine Meadows Golf Course – $584,597. Selectmen’s Meeting – December 13, 2004 Mrs. McKenna suggested a line item for benefits and debt service to indicate these payments are being paid out of the recreation enterprise fund. Michael Young, Budget Officer commented that as an organization benefits and debt service are all accounted for in one place within the budget. Planning Department Budget Maryann McCall Taylor, Planning Director, made the presentation for the Planning Department. Ms. Taylor gave a brief overview of the functions of the Planning Department. The Level Service Requested Budget for FY-06 is $195,657. The top two priorities for the departments Needs Based Budget are $30,000 to fund a Zoning Consultant and $25,083 to fund the restoration of a full-time planner position; the position is currently part-time. Town Clerk’s Office Donna Hooper, Town Clerk, presented the budget for the Town Clerk’s Office. Ms. Hooper explained the Clerk’s Office has had a particularly tough year, dealing with staff cuts, staff turnover and training new staff during a year that hosted five elections in eight months. The Town Clerk’s Level Service Budget for FY-06 is $224,042. The two priorities for the Needs Based Budget are for $46,600 to fund an Administrative Assistant Position; and $56,000 for an Archives & Record Management position. Mrs. McKenna thanked the staff for their presentations. Consent Agenda Upon motion duly made and seconded, it was voted to approve the Chair to sign and mail a letter prepared by Karl Kastorf and MaryAnn McCall Taylor to Mass Development regarding the Brookhaven proposed construction. The Board decided to defer voting on the endorsement letter for the Citizen’s Housing and Planning Association for consideration in Round Two of their Smart Growth Initiative requested by the Housing Partnership Board. The Board discussed future meetings. Upon motion duly made and seconded, it was voted to adjourn at 11:45 p.m. A true record, Attest: Lori Manning, Clerk Selectmen's Meeting December 15, 2004 A meeting of the Board of Selectmen was held Wednesday, December 15, 2004 at 7:00 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. Mrs. McKenna began the meeting by announcing the Board would be going into executive session for the purpose of collective bargaining and litigation. Upon motion duly made and seconded, it was voted by roll call Mr. Kelley. Mrs. Krieger, Mr. Kennedy, Mr. Pagett and Mrs. McKenna to return to open session. Hartwell House Liquor License Change of Manager Mr. Narain Bhatia, co-owner of the Hartwell House Restaurant, was at the meeting requesting approval from the Board for a Change of Manager for the Hartwell House. The Board reviewed its policies regarding the manager’s responsibility for the liquor license. The Board also suggested that Mr. Bhatia submit names of potential assistant managers for his establishment. Upon motion duly made and seconded, it was voted to approve the application and issue an all- alcohol beverage license to Hartwell House Enterprises Inc., d/b/a Hartwell House Restaurant, reflecting a change of manager. Regulations - Liquor/Coin Machines Mrs. McKenna informed the Board that Alcoholic Beverage License Regulation Applicable to Clubs and Posts of War Veterans Organizations contains the statement "Licenses shall not be issued to establishments with electronic games." Mrs. McKenna believes that when the regulations were first written the only coin machines available were gambling machines. Mrs. McKenna suggested that the Board request Palmer and Dodge revise the language used in the regulation and allow "non-gambling" machines. Upon motion duly made and seconded, it was voted to authorize Town Counsel to revise the regulation to allow non-gambling machines. Mrs. McKenna pointed out that these establishments do need to have a license for each machine in order to keep them their premises. Selectmen’s Meeting – December 15, 2004 Regular Town Manager Search Ms. Perry, Chair of the Town Manager Search Committee, gave a brief update on the progress of the committee and introduced Tom Groux, the consultant the Town has hired to conduct the search. Mr. Groux began by thanking the Board for engaging him to perform this search. Mr. Groux showed the Board a brochure that the committee developed regarding employment opportunities with the Town of Lexington. Next Mr. Groux stated as of today he had received 20 resumes. Mr. Groux will be attending the annual MMA conference in January; he feels the conference will be a good opportunity for him to reach out to people about the position. Next Mr. Groux informed the Board that there are some candidates concerned about making a commitment to become a candidate for the position so close to the Town elections. There have been a few candidates who have stated they would not be willing to accept the position before the elections took place. Mrs. McKenna stated that Mr. Pagett had made a suggestion that she is comfortable with and hopes the rest of the Board will be too. The suggestion is once candidates for Selectmen are identified, all candidates would be invited to be included in the interview process. Hopefully this will reassure the candidates with reservations. Mrs. McKenna also stated that in the timeline the Board had set for completing this process was a goal. Mrs. McKenna said the real commitment was to find the best candidate for the Town of Lexington. Mr. Kennedy stated that the search committee feels strongly, that if they do not wait until after the election, they may not get some very qualified candidates. Mr. Kelley asked Mr. Groux if he recommends the Board extend the public portion of the process until after the election takes place. Mr. Groux said he would recommend that. He stated that a few candidates he had spoken to would be reluctant to go through an open process prior to the election. However these candidates are willing to submit a resume and participate in an interview with the search committee prior to the election. Mrs. McKenna said she would bring a revised schedule to the Boards next meeting for a vote. Meanwhile Mr. Groux and the Search Committee should operate with the understanding it is the consensus of the Board that the schedule should not be an impediment to any applicant. Selectmen’s Meeting – December 15, 2004 Mr. Kelley feels the Board should take an affirmative position that here will be no public th disclosure of finalists until after the March 7 election. Mrs. McKenna reminded Mr. Kelley that he Board has agreed to a policy that put the Board in a position that unless it is an emergency the Board shouldn't take a formal position on an issue the first time it is presented. Mrs. McKenna reminded the audience that the Board of Selectmen would be meeting on Friday in executive session to discuss a personnel issue. Mrs. McKenna is not sure if there will be an open session at that time. Currently the only item on the meeting agenda is the personnel issue. Mr. Pagett asked if it would be possible to vote on the revised schedule at the Friday meeting. Mrs. McKenna responded by saying that Mrs. Krieger will not be attending that meeting and the Board would need to have her consent to take that vote in her absence. Mrs. Krieger was agreeable to that. Marrett Road/Spring Street Intersection Mrs. McKenna reminded the Selectmen that the Planning Board had previously requested that the Board authorize it to spend fifty- thousand of the one- hundred thousand dollars available through the Patriot Partner project on traffic mitigation for the Marrett Road/Spring Street intersection. The Selectmen decided the project didn't warrant the appropriation and suggested the issue be resolved through a public process. The Planning Board has developed a revised scope of services for the Marrett/ Spring/Bridge intersection. The Planning Department is very short staffed and does not have the capability of completing the project on its own and would like the board to approve funds to be used toward this project. The updated scope is broken into two phases. Phase One is broken into three steps: Research/Reconnaissance, Summary of Existing Data and Review and Scope. The Planning Board is asking the Selectmen to authorize it spend $21,600 on Phase One. Once phase one is completed the Planning Board will come back to the Selectmen with an update and a request for funding for Phase Two. Mrs. Krieger feels this is an important intersection in need of mitigation, and she encourages the Selectmen to move forward. Mr. Kennedy asked if there would be a difference in the entire cost of the project if the Board voted on the entire project at one time. Mrs. McKenna stated there would not. Selectmen’s Meeting – December 15, 2004 Mrs. Krieger prefers the Selectmen approve the entire process. She feels the Planning Board has the expertise needed to make the necessary decisions without having to come back to the Board for authorization to continue with Phase Two. Mr. Kelley stated that he would be abstaining from this vote, as he is a property owner in the area of this intersection. Upon motion duly made and seconded, it was voted 4 - 0 - 1 (Kelley) to authorize the Planning Board to spend $21,600 to begin the planning process around the Marrett Road/Spring Street intersection out of the mitigation funds that were contributed by Patriot Partners. Budget Ms. Vine informed the Selectmen that tonight Community Development, the Town Managers Office and the Police Department would be presenting their budgets. Ms. Vine took a moment to thank Michael Young, Budget Officer for putting the budget information on the Town Web Site. Next Ms. Vine told the Board that Donna Hooper, Town Clerk, would like to address the Board. Ms. Hooper had given her department's budget presentation at a previous Selectmen's last meeting and was concerned that she had not adequately answered all of the Boards questions and would like a minute to make some clarifications. Town Clerk Ms. Hooper began by saying due to the late hour at which she had given her budget presentation on Monday night she was concerned she may not have properly addressed the problems that have arisen in the Town Clerk's department due to the staff reductions that occurred in 2003. Over the past year the Clerk's Office staff has handled five elections (in eight months), issued the census and handled Town Meeting. Some of the shortfalls in the operation of that department were: response time to citizen's requests for information was delayed, the 2004 dog licensing process was not completed, the office is behind in tracking Board of Appeals decisions, Ms. Hooper believes the quality of work is being compromised and revenues for the department are down. Ms. Hooper went on to say that she has taken on the responsibility of some of the day-to-day operations of the department. She and her staff have been pushed to handle twice as much activity as it has handled during previous years at a momentum that can only be sustained for a short time. The staff can no longer operate at this momentum and personally, Ms. Hooper cannot continue to work nights and weekends, which has been necessary just to keep the office operating. Ms. Hooper said to address the demands on the department serious consideration must be given to shortening the hours the Town Clerks' Office is open to the public. The positions being requested in the Town Clerk's FY06 budget are essential to the proper operation of the department. Selectmen’s Meeting – December 15, 2004 Community Development Karen Mullins presented the Community Development FY06 Budget Request. Level Service Requests: Building Inspector $327,257; Regulatory Support $32,499; Conservation $103,890; Public Health $180,519; Animal Control $21,043 and Needs Based Requests: Inspector $15,036; Full-Time Public Health Nurse $45,081;Environmental Health Agent $49,369; Consultant $25,000; Health Assessment $20,000;Health Fair $5,000; and Professional Development $5,000. Total Requests $812,494. Ms. Vine said she would like to ask the Board of Health if they had anything to add to the presentation. She asked Dr. Perlmutter, a member of the Board of Health, who was in the audience, if he had anything to add. Dr. Perlmutter stated he was here to represent the Board of Health in support of the budget Ms. Mullin was presenting. He further stated that Ms. Mullen had graciously attended a recent meeting of the Board of Health to learn what issues it considered to be lacking over the past couple years. He feels that may have lead to the large number of the needs based requests. Dr. Perlmutter said he had nothing to add to Ms. Mullin’s presentation, however he would be glad to answer any questions the Board might have. Other requests included in the departments Needs Based Budget were for Consultant Funds, fund to be used for a Health Fair, and funds for Professional Development. Police Department Chief Casey presented the Police Departments FY06 Budget Request. Level Service Requests: Police Administration $935,797; Patrol & Enforcement $2,503,627; Parking Meter Maintenance $64,778; Investigations & Prevention $425,330; Combined Dispatch $425,306. Needs Based Requests: Dispatcher $56,480; Account Clerk $36,380; Management Analyst $50,646; Police Training $32,000; Desk Officer $20,000; Middle School Officer $67,455 and Center Officer (weekends) $12,500. Total Requests $4,587,899. Town Manager’s Office Candy McLaughlin presented the Town Manager’s Office FY06 Budget Requests. Level Service Requests: Organ. Directional & Administration $321,235; Human Resources $46,072. Needs Based Requests; Human Resources Generalist $49,310; Part Time Clerk $11,432. Total requests $419,449. After presenting the budget, Ms. McLaughlin made the following remarks: “From a broader Human Resources perspective I would like to address issues relating particularly to General Government. Residents don’t directly see many of the services provided by departments such as Town Clerk, Finance, and MIS, but these departments are the foundation for all other government services. General Government Employees value property, send out bills, collect revenue, manage debt, issue paychecks, recruit and retain employees, manage elections, maintain vital records, preserve historic documents, and support the computer systems without which most of these other functions could not be accomplished. Selectmen’s Meeting – December 15, 2004 Lexington has traditionally staffed at lower levels and paid its employees slightly higher than comparable towns. Starting from a lower staffing level means that each position cut has a greater impact. Lexington has fewer General Government employees today than when I started working in the Manager’s Office almost 20 years ago. There are 26% fewer General Government employees than there were two years ago, and according to a recent staffing study we are 20% below comparable communities in General Government staffing. This raises three major areas of concern: 1. Employees are stressed and cannot continue to function at current performance levels indefinitely. Employees are stretched in two ways: everyone has taken on more work because of staff reductions, and most jobs cover a broader span of responsibilities because functions have been collapsed into fewer positions. For example we have very few front line administrative staff left to perform customer service, data entry, and record management functions; These are done by other employees on an interruption basis from their work. Our office is seeing more requests fro reclassifying positions to recognize the increased scope of work and raise the pay scale. Additional compensation is motivating for a while, but at some point fatigue sets in and morale and work performance suffer. I believe we at the point of diminishing returns with our efforts to do more with less, and we may begin to achieve less with less. 2. Lexington lost a considerable amount of institutional memory over the last couple of years from budget cuts to early retirements. Gaining the knowledge and experience necessary to function well in our municipal offices take time. Even a simple question about a tax bill may require pulling together several pieces of information from different places and understanding how to apply the principles to a specific case at hand. It will be several years before General Government departments regain their former levels of performance. If the stress level is not reduced and we see further loss of experienced employees, the Town’s basic operation could be seriously impacted. 3. Our employees are dedicated professionals who attempt to do whatever is asked of them, and they take pride in doing their jobs well. I have observed increased work outside of normal hours, with lights staying on in most of Town Hall well after 4:30 p.m. most workdays. Planning, analysis, and decision-making become less effective when employees work nights and weekends for extended periods of time. In the case of non- exempt employees, the Town has legal liability under the Fair Labor Standards Act to pay overtime time for hours worked over 40 per week. We need to do a better job of monitoring working hours, and either budget overtime funds or require employees to go home before finishing all their work. There are several limitations on Lexington’s financial resources, and the balancing act of budgeting is complicated. As you listen to the remaining departmental budget requests, I hope that you will keep in mind the requirement to have a solid General Government foundation supporting the many quality services we provide to the community. Thank you for your consideration.” Selectmen’s Meeting – December 15, 2004 Committee Liaison – Warrant Articles The Board briefly discussed the Warrant Article Process. License Renewals Upon motion duly made and seconded, it was voted to issue the following licenses for 2005: Class I Lexington Toyota Sales Class II A to Z Auto Wholesale A.E. Sales, Inc. Lexington Auto Sales Class III John P. Carroll Company, Inc. Coin Josiah Willard Hayden Center (4) Common Carrier Boston Tours, Inc. (3) Lexpress shuttle Service (4) Common Victualler Alexander’s Pizza Athenian Restaurant Bertucci’s Brick Oven Pizzeria Bollywood Café Bruegers Bagel Bakery Dabin Restaurant Denny’s Restaurant Dunkin Donuts Dunkin Donuts Dunkin Donuts Dunkin Donuts/Baskin Robbins Fife and Drum Restaurant/Grill Holiday Inn Express Khushboo Selectmen’s Meeting – December 15, 2004 Common Victualler (concluded) Lemon Grass Restaurant Lexington Elks Lexington Golf Club Lexington House of Pizza Lexx Mario’s Italian Restaurant McDonald’s/Honey Dew Donut New Asia ll Nick’s Place Nicky’s Ice Cream & Delectables Peet’s Coffee & Tea, Inc. Peking Gardens Pine Meadows Golf Course Rancatore Ice Cream Rosie’s Bakery Seattle’s Best Coffee Sheraton Lexington Starbucks Coffee Starbucks Coffee The Hartwell House Via Lago, Inc. Vinny T’s of Boston Yangtze River Restaurant Entertainment Sheraton Lexington Innkeeper/Lodging Battle Green Inn Holiday Inn Express Sheraton Lexington Wild Acre Inn Selectmen’s Meeting – December 15, 2004 Upon motion duly made and seconded, it was voted to sign the following licenses even though the businesses have not submitted all of the required paperwork. Ms. Pease, Executive Clerk will not deliver these licenses until all of the paperwork is completed and submitted to the Selectmen’s Office. Class ll Auto & Diesel Sales David Riccardi Coin Lexington Elks (3) Lexington VFW (2) Common Victualler National Heritage Museum Citizen Housing and Planning Association Proposal Endorsement Letter Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Citizen Housing and Planning Association Proposal Endorsement Letter. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of January 7, 2004 and January 28, 2004. (Mr. Pagett abstained) Upon motion duly made and seconded it was voted to approve the executive session minutes of November 1, 2004 and November 15, 2004. HDC Appointments Upon motion duly made and seconded, it was voted to appoint Greta Rothman to the Historic Districts Commission as an Associate Commissioner representing the Lexington Arts and Crafts Society for a 5-year term to expire December 31, 2009. Mrs. McKenna stated that Mr. Fenn’s current term on the HDC expires December 31, 2004. The Trustees of Cary Memorial Library nominate Dan Fenn or Joe Welch. Mr. Pagett moved that Mr. Welch be made a member of the HDC. Mr. Pagett is suggesting this change because the workload of the HDC is significant. Mr. Welch brings s a unique expertise to this with his background on ADA related architectural issues. Mr. Pagett feels Mr. Welch is better able to fulfill the function than Mr. Fenn. Selectmen’s Meeting – December 15, 2004 Mrs. Krieger said she would nominate Mr. Fenn. She feels he has the experience, he has ably served one term and his interest in the history of Lexington make him the best candidate. She believes the recommendation of the Library Trustees made the Board’s first choice Mr. Fenn. Mr. Pagett said he was at the Library Trustee Meeting and he does not recall making preferential ranking. He also said his concern is that Mr. Fenn is involved in a number of executive training activities that frequently take him out of town and he has been unable to attend meetings. In addition his son frequently represents clients that come before the HDC and this has caused Mr. Fenn to have to recuse himself. Upon motion duly made and seconded, it was voted 3 – 2 (Krieger and Kennedy) to appoint Mr. Welch to Historic Districts Commission representing the Trustees of the Cary Memorial Library as a full Commissioner for a 5-year term to expire December 31, 2009 Consent Agenda Upon motion duly made and seconded it was voted to approve the request of the ALS Therapy Development Foundation to use the Battle Green on Saturday, April 16, 2005 from 8:30 to 9:00 a.m. Upon motion duly made and seconded, it was voted to approve a water/sewer deferral for 13 Grassland, Lexington, MA. Upon motion duly made and seconded, it was voted to adjourn at 12:00 a.m. A true record, Attest: Lori A. Manning Clerk Selectmen’s Meeting December 17, 2004 A special meeting of the Board of Selectmen was held Friday, December 17, 2004 at 3:30 p.m. in the Selectmen’s Meeting Room. Chairman McKenna, Mr. Kennedy, Mr. Kelley, Mr. Pagett; Ms. Vine, Acting Town Manager, Ms. Malone, Town Counsel and Lori Manning, Clerk were present. The chairman opened the meeting and announced the Board would be going into executive session to for the purpose of a personnel action, from which the Board will return to open session. Open session resumed at 5:20 p.m. Executive Session Minutes Upon motion duly made and seconded, it was voted 4-0 to approve the minutes of the January 26, 2004 executive session. Town Manager Search Timeline Several potential candidates for the Town Manager Position expressed they would be hesitant to interview and/or accept the position before the March 2005 election. Upon motion duly made and seconded it was voted, 4-0 to revise the timeline for the Town Manager Recruitment Process. Initial interviews will begin the week of January 27, 2005 and top candidates will be scheduled to interview with the Selectmen beginning the week of March 14, 2005. Authorize Selectmen Expense Mrs. McKenna requested the Board authorize a selectmen expense not to exceed $1800.00, to provide an appreciation lunch to the Town staff during the holiday season. Upon motion duly made and seconded, it was voted (4-0) to authorize the selectmen expense. Upon motion duly made and seconded, it was voted to adjourn at 5:55 p.m. A true record, Attest: Lori A. Manning Clerk