Loading...
HomeMy WebLinkAbout2003-04-BOS-minSelectmen's Meeting April 2, 2003 A regular meeting of the Board of Selectmen was held on Wednesday, April 2, 2003 in the Library at the National Heritage Museum at 7:00 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy, Mr. Kelley; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith, Executive Clerk were present. One -Day Liquor License Upon motion duly made and seconded, it was voted to approve the request from the Lexington Preschool PTA and issue a one -day liquor license for a Casino Party at 17 Carley Road on Saturday, April 12, 2003 from 7:00 p.m. to 11:00 p.m. Article Positions Mr. McSweeney indicated there was one article coming up this evening where the Board had not taken a position. Article 24 — Conservation Commission Non - Criminal Disposition Upon motion duly made and seconded, it was voted to support Article 24. Articles 12, 14 and 25 DPW Operations Facility, Senior Center Facility and 201 Bedford Street Disposition - Chair of the Selectmen's DPW Facility /Senior Center Re- Evaluation Committee Paul Lapointe presented an executive summary of a report the Committee has drafted. The committee wants whatever the Board would like to do on Article 25. Relocating DPW to Hartwell Ave. is the unanimous recommendation of the Committee. There was discussion among the Board members. Mr. Kelley expressed concern about the little time to digest, evaluate and deliberate on the issue. Mr. McSweeney indicated the Board needs to try to finalize a position at the meeting on April 7. Mrs. McKenna felt she needed to see the entire report and expressed the concern that it seems to be significantly different from what she thought the Committee's position was at the March 26 meeting. There were many more documents concerning moving DPW to Hartwell Avenue that had not been reviewed. Mr. Lapointe said this is not just a result of a discussion on March 26. It is the result of the responses to the RFI. We focused on how we presented the report. There has been editorial comments. Mr. Kelley indicated he had been attending all the Committee meetings since last fall. I can go back to 1995 chairing the Building Finance Committee. DPW was always a difficult subject as to how one wants to deal with the DPW facility and most specifically the best location. I have never supported relocation from Bedford Street and certainly not to Hartwell Avenue. It would Selectmen's Meeting — April 2, 2003 be a terrible mistake. I have concerns about information presented by the Committee. It is a difficult task to bring forth so many items of measurement of values of land. What operations would cost at one site versus another. There are reports from earlier years that indicate operations would be considerably more than what presently is indicated. I still land back to the basic issue that you cannot operate beyond a geographical area. It is time for a policy decision for the Board of Selectmen and Town Meeting to have a debate on land utilization. We know we always have a land shortage. I have never been one to support removal from one purpose to serve another purpose. I stand in the minority of a 6 -1 vote. I do feel it has been a moving target. There has been new and different information. I would like the opportunity to see our committee meet one more time so we can remeasure as far as advancing a final draft. I support bringing three articles together so we can get the questions of Town Meeting. Mr. Kennedy indicated support. This recommendation is a culmination of that effort and it is a good one. This was a thorough process by a large group of very capable people. Mrs. McKenna agreed about the quality of the committee. I share what Peter says that we have conversation in the context of this Town Meeting. I do very much worry what is in the context of the report. Some questions I have are how often do citizens need to access that facility, what would it do to the Town if we take the Hartwell Avenue intersection, which is a failure, and make it an ever more failed intersection. Before we take it to Town Meeting, this is an Advisory Committee to the Board of Selectmen and the Board of Selectmen must have a chance to review the report and either accept or reject their recommendations. Also, regarding Lexington's Vision 2020, I would like to see what those goals are to which the executive summary refers. Another thing that is missing here, there is really a significant concern about what is under the surface of 201 Bedford Street. Mrs. Krieger indicated she has served on the committee for three fourths of the time. Many of the concerns were able to be addressed by the people on the committee. They are an experienced group. There was an in depth discussion of these issues. The report is very thorough and reflects the consensus of the committee. I am prepared to support this motion. Paul Lapointe said there is an eight page report and a number of exhibits that will be ready to go to press tomorrow or Friday and will be ready for Monday. Mrs. McKenna felt if the Board is going to have a report on Monday it may be a good idea to consider moving the article to a date certain. Mr. McSweeney next brought up the discussion of Articles 12 and 14. Mr. Kennedy indicated support of both articles. It is very important that we are going to take time to do an environmental assessment and it is also important to do some programmatic work. There is a policy issue to weigh in on. Selectmen's Meeting — April 2, 2003 Mr. Kelley replied that he is a freshman on the Board. I am quite surprised that the Board of Selectmen would show a position to support on a report that is not complete. I honestly can't think of a more important policy than what is before us regarding the use of 201 Bedford Street and the location of our DPW facility. We owe them a good renewed facility. We owe the citizens the best location and best facility we can afford. Regarding Article 14, I am not in favor of that. There has been a lot of good work identifying what the programs should be. There is a tremendous resource of professional people who would be willing to work with the CoA and Friend of the CoA to more accurately present a space utilization. They now have existing 8,000 square feet. I don't want to see this $50,000 spent before we land on a specific site that will allow us to include the specific characteristics of that site. Mrs. McKenna indicated she was very concerned about the notion of pushing these motions forward. At the last Summit all four boards agreed we were pursuing this too fast. Where is the contract proposal that shows what we are going to accomplish there. As for Article 14, I believe there was no consensus then and I believe there is no consensus now. I under no circumstances support 201 Bedford Street for the site of the Senior Center. I think we are trying to force fit a decision at this Town Meeting. I would like some assurance that these motions apply under the scope of the Warrant Article. Mrs. Krieger indicated she regarded these as fundamental studies. Mr. McSweeney indicated he does not see it as forcing something, I see it as keeping the project going. Upon motion duly made and seconded, it was voted to adjourn at 7:50 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting April 7, 2003 A regular meeting of the Board of Selectmen was held on Monday, April 7, 2003 in the Library at the National Heritage Museum at 6:30 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy, Mr. Kelley; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Pease, Assistant to the Executive Clerk were present. Consent Agenda Proclamation — Arbor Day The Lexington Field and Garden Club requested a proclamation for Arbor Day and would like Mr. McSweeney to read it on April 25, 2003 at 11:00 a.m. at the Visitor Center. Upon motion duly made and seconded, it was voted to approve the consent agenda. Budget Closure — Article 4 Loren Woods proposed an amendment to Article 4. The purpose is to cut expenses by $500,000 this year uniformly across all departments in municipal and schools and apply the $500,000 to debt payments this year. Mrs. McKenna asked if the Appropriations Committee had commented on the amendment. Mr. Woods responded that they had not looked at formally. Mrs. Krieger felt the process was to look at things programmatically not uniformly. Mr. McSweeney thanked Mr. Woods for the time and effort spent on the idea, but at this time felt it was too late in the process. Mr. Kelley asked if Mr. Wood was going to bring the amendment before Town Meeting. Mr. Wood said that if the Selectmen and the Finance Committees did not look favorably on the amendment he would be inclined not to bring it before Town Meeting. Upon motion duly made and seconded, it was voted not to support the amendment proposed by Mr. Wood on Article 4. Mrs. McKenna proposed an amendment to Article 4 to add both weekly recycling and the MIS Operations position back into budget and eliminate the Solid Waste/Recycling Coordinator. Both Mrs. McKenna and Mr. Kelly see the service of weekly recycling as more valuable to the citizens and more cost effective to the town than the position of Solid Waste/Recycling Coordinator. The intent is to take the $58,600 and reduce the budget by that amount. The reason it is not out of personal services is because that position is funded through a grant, it is not directly in the budget, but the understanding is that the grant can be used for other means to enhance recycling. Mr. Lahey needs to review amendment. Selectmen's Meeting — April 7, 2003 Mr. Kelley believes weekly recycling is very important to every household and it is most appropriate for Town Meeting to discuss and decide what is a good way to spend taxpayer's money. Unclear if the grant money received is enough to cover the full position of Solid Waste/Recycling Coordinator. Mr. White stated that money was in hand through this fiscal year and for next fiscal year to pay the entire position. Mr. McSweeney supports the Solid Waste/Recycling Coordinator position. The position allows Lexington to have a successful recycling program. Mr. McSweeney feels the $50,000 should come from Free Cash. Mr. Kennedy supports the Solid Waste/Recycling Coordinator. Without the position the weekly recycling would be less valuable. We are recycling more and need someone to coordinate those efforts as we move forward. Mrs. Krieger feels it is important to recognize that the real value to the taxpayer is reducing the amount of trash that is designated for incineration. The Solid Waste/Recycling Coordinator is responsible for bringing in other streams of recycling and he has been able to sustain a reasonable level of reduction. By working with schools, multi- resident communities, demolition and construction waste, the coordinator will pull additional waste out of the trash stream. Upon motion duly made and seconded, it was vote (3 -2, McKenna and Kelly opposed) to not support amendment for Article 4. Change of Liquor License — Cheese, Etc. Mr. Kelly, owner of Cheese, Etc. has requested a all- alcoholic liquor license to allow him to sell cordials and specialty beers. Mrs. McKenna does not support this license because of the location and the ability to serve take- out sandwiches and liquor. Location is next to a hotel with a pool and patrons can buy sandwiches and liquor and bring into the hotel. Mr. Kelly's understanding was that he was getting a full liquor license and he would start off with wine and then expand with cordials and specialty beers at a later date. The sandwiches came about to accommodate requests from clients. Mrs. Krieger supports request. The Cheese shop is selling high end products and wants to add high -end liquor and specialty drinks. The board has sufficient control if any problems arise. The Town is trying very hard to bring new enterprises into the center and the Cheese shop should be able to expand. Selectmen's Meeting — April 7, 2003 Mr. Lahey said the statue does not distinguish between renewals and initial applications. If necessary documentation can be put in the file for use during the renewal stage regarding concerns and /or problems associated with the license that would be evasive for denial or renewal. The discretion the town has is very broad; the standard is the protection of the common good. Mr. McSweeney does not see a problem with the location of a liquor store. Upon motion duly made and seconded, it was voted to approve (4 -1, McKenna) the application and issue a Retail Package Goods Store Liquor License to sell all kinds of alcoholic beverages not to be drunk on the premises to Cheese, Etc. Article 21 — 40B Comprehensive Permit Mr. McSweeney indicated that the Andy Friedlich had contacted him earlier in the day and was going to move at Town Meeting to indefinitely postpone Article 21. of the DPW Facilitv /Senior Center Re- evaluation Committee Paul Lapointe delivered copies to the Selectmen over the weekend of the final draft report for the DPW Facility /Senior Center Reevaluation Advisory Committee on the recommended "best possible use" for 201 Bedford Street. The Committee is looking for Selectmen comments and then plans to meet Wednesday morning to review and finalize report for Town Meeting on Monday, April 28, 2003. There is a Summit meeting scheduled for Thursday, April 10, 2003 at 5:00 p.m. at the High School to allow the Selectmen, School, and Finance Committees to discuss 201 Bedford Street and updates on the building projects for Harrington and Fiske and the budget. Mr. Lapointe felt the public meetings would occur after a decision had been made regarding the site so that comments could be focused on what the committee came up with as the best possible use. He would like to see lots of public process between now and April 28 to find out what the public thinks about what the report. The report would be the basis to have public conversations begin. Mrs. McKenna is concerned that the comments received from neighbors objecting to the DPW moving were not reflected or included as part of the decision - making in the report. This report is asking us to change the way services are delivered to 30,000 residents in the town and there has not been good public discussion. Would like to include in the report language explanation that the Committee is looking for the report to stimulate public conversation. The one thing this report does not do is give the other side of the argument. Would like to see some of the alternate decisions and the other viewpoints expressed before issued as final report. Selectmen's Meeting — April 7, 2003 Mr. Lapointe stated that the Committee recommends that the Selectmen present a resolution endorsing the Committee's "best possible use" to invite comments by getting the word out to everyone. Also included as an exhibit are notes from the two public information sessions. Mr. Lapointe will take the comments received tonight and ensure that they are discussed with the Committee. Mrs. Krieger is prepared to accept the report and thank the Committee. Feels the report and the proposed resolution will help to continue process and discussions. Mr. Kennedy feels it is an excellent report with the goal of generating public discussion. It would be very difficult to have a public discussion about what we should do without the information provided in report. Mr. Kelly is in favor of discussing the report on April 28. Wonders whether it would be appropriate to consider a less formal process for discussion on this at town meeting. Subject to comments from the Selectmen and the DPW Committee meeting on Wednesday, Mr. Lapointe plans to have the final report on Town Meeting table on April 14, 2003 so people will have a couple of weeks before the April 28 Town Meeting discussion. Will also provide copies to the Finance Committees before the Summit meeting on April 10, 2003. The Selectmen would also like to have the charge included in the front of the final report and what the support was from the entire committee. The Selectmen received a position statement from Precinct 8 Town Meeting Members. They have no interest in obstructing the process and are fine with a discussion at Town Meeting to review all the options. The main objection is to not allow the land to be sold; selling the land is unprecedented in Lexington. Minutes Mr. McSweeney appreciates all the hard work Phyllis Smith does as Executive Clerk and wishes her well on her retirement. Upon motion duly made and seconded, it was voted to approve the minutes of meetings held on March 17, 24, 31, and April 2, 2003. Selectmen's Meeting — April 7, 2003 Selectmen's Office Organization Mr. McSweeney started the discussion by saying that the Executive Clerk was retiring on April 18 after 9 years working as the Executive Clerk for the Board of Selection and 33 years with the Town. Mr. McSweeney stated that the Board is starting the process of how to handle the structure of the Selectmen's Office after the Executive Clerk retires. The Board received a copy of a survey that was done on how surrounding communities handle Selectmen work. Also Linda Vine met with Phyllis Smith to discuss what her responsibilities were presently. Mr. McSweeney suggests that the Board consider having a Recording Secretary to attend and take minutes at all Board meetings and a full -time Executive Clerk in the office. Because it was time to go to Town Meeting, the Board decided to continue the discussion. Upon motion duly made and seconded, it was voted to continue the meeting after Town Meeting. A true record, Attest: Lynne A. Pease Assistant to the Executive Clerk Summit VII April 10, 2003 LHS Media Classroom 5:00 -7:00 PM The four committees convened the meeting at 5:05 pm. Leo McSweeney called the meeting of the Board of Selectmen to order. Tony Close called the meeting of the School Committee to order. Deborah Brown called the meeting of the Appropriations Committee to order. Shirley Stoltz called the meeting of the Capital Expenditures Committee to order. Item 1: Operating Budget McSweeney opened discussion on item 1, Operating Amendments. Loren Wood offered the first amendment considered. Three of the four boards took unanimous positions against the proposed amendment. Mr. Wood restated his intent to offer the amendment on Town Meeting floor regardless of the votes of the committees. The next amendment considered was the McKenna/Kelley amendment to reduce Line item 3000 DPW General Expenses by $56,000, eliminate the Solid Waste Coordinator and uses the savings to pay for programs such as Weekly Recycling and Web Operations. Selectwoman Dawn McKenna stated that the amendment proposed was a service value judgment of herself and Selectmen Peter Kelley and it was designed to provide a better use of a grant that paid for coordinator's salary. McSweeney and Appropriations Chairwoman Deborah Brown offered views contrary to those stated by McKenna, reflective in the votes for the amendment. The Board of Selectmen voted 2 -3 in favor of the amendment and the Appropriations Committee voted 1 -7. Brown indicated that the Appropriations Committee viewed the item in terms of three questions: How does it affect free cash, how does the item fit within the at -risk process decided upon by the Summit previously in the year, and how big should the override be. Based upon those questions, the majority of the Appropriations committee was not in favor of the amendment. John Ryan, Finance Director updated the committee on the amount of Free Cash being used to balance the budget. At this point in time, $640,333 is being used to balance the FY 2004 Budget, leaving approximately $1,500,000 in Free Cash reserves. Finally under item 1 McSweeney stated the Board of Selectmen's position that the override should continue to stay under $5,000,000 and that they would not favor any amendment that would raise it over that amount. Brown and Moderator Marge Battin pointed out that the BOS is responsible for adding items to the override, and that as such the two amendments proposed by Mr. Rosenberg and Mr. Kaufman would have to be added by the board or withdrawn before they were voted on by Town Meeting. Otherwise, the items would go away should the override fail completely. Summit VII — April 10, 2003 Item 2: School Capital Superintendent of Schools Joanne Benton offered a brief update on the Elementary Capital Plan and changes to the Commonwealth's School Building Assistance program. A moratorium on consideration of projects for SBA assistance is now in place for the next six months. The Town of Lexington received notice that prior to the moratorium funding had been listed for the Fiske Elementary School, but not both the Fiske and Harrington Schools. Efforts were underway to substitute the Harrington for the Fiske, as the Harrington School is set to break ground sooner. Benton stated that the need still exists to finish the Fiske school as soon as possible. Recent visitors to Fiske found learning and working conditions in poor shape and facilities substandard. School Committee Chairman Tony Close reiterated this concern, and also expressed that due to the change in reimbursement, a need exists to go back to the voters to see if they still desire to fund both schools now that the cost for one of the schools will have to be shared entirely by the taxpayers. Al Levine of the Appropriations Committee desired to know how much time would be necessary before we would know if we would get reimbursement or how long we should consider delaying the Fiske project. Close stated he would not desire delaying beyond the end of this calendar year. Kelley believed that finishing construction documents by January of 2004 would still be ideal, and he cautioned the summit members by reminding them that there was a considerable difference between being listed and being funded in terms of reimbursement. McKenna believed that summit members should request a meeting with Governor Romney in order to make sure he stays true to his promise to properly fund education, and to demonstrate what not funding this program would do to Lexington. McSweeney asked if funds were currently being spent on the project. Close responded stating that yes; money is being spent for design work on the school. He also focused the summit members on the question on whether or not work should continue on the documents through the design document stage or the construction document stage. A discussion ensued at this point as to the relative gain of going to the construction stage or halting architectural and document work somewhere before that time. The primary concerns were the quality of the ready -check review if construction documents were prepared but no immediate construction was planned versus losing the services of particular architects and technicians currently working on the project. In the end, the majority of summit members believed finishing the construction documents was the best alternative. The next major issue surrounded how and when would be the best time to go back to the voters. Town Manager Richard White stated that the Board could call a special election for a non- binding resolution at anytime, but that it has traditionally been frowned upon in Lexington. He suggested waiting for a regularly scheduled election in spring. McKenna suggested an alternative would be to solicit voters by questionnaire. Paul Hamburger of Summit VII — April 10, 2003 the Appropriations Committee questioned how an election could be considered non - binding if the voters said no to the question asked. Several Summit members also proposed hosting a Special Town Meeting to discuss this question even before going to the voters. In the end, summit members agreed to continuing monitoring the issue carefully. Item 3: DPW /Senior Center Before Paul Lapointe gave a summary of the DPW /Senior Center Reuse Committee Report, Marge Battin reviewed the process for how to adjourn Town Meeting into recess for the purpose of the discussing Articles 12, 14 and 25 of the 2003 Town Meeting — all concerning the potential development and citing of a DPW Facility and Senior Center. She cited three previous examples in 1979, 1989 and 1992 when it was done during Town Meeting for the purpose of discussing important items. After discussing and familiarizing summit members with process, Battin reviewed the items up for discussion during the next session of Town Meeting on Monday Night, April 14, 2003. Lapointe began his presentation by thanking the committee and focusing this report in the overall context of Town -wide capital project needs. He reviewed the committees charge for the summit with particular emphasis to the items which required what a senior center and a DPW facility should consist of, how it should be funded, and most importantly what the private sector could do in regards to the 201 Bedford site. Lapointe stated that the diversity of alternatives provided was most surprising, and the options for the site ranged from a small housing development to multi - family homes to a combination of those options with a new senior center. The committee also realized the potential for revenue to be generated from the sale of 201 Bedford as a way to generated much needed finances for the projects. Finally, Lapointe concluded that moving the DPW facility would be more expensive because of the need to recreate facilities that currently exist. This however may occur regardless of building a new DPW facility or renovating the current facility. McKenna commented that a need exists to continue a community conversation about this topic and any other which results in a serious adjustment to service delivery. She also stated that this committee did not review other reports previously completed about this topic. McSweeney echoed McKenna's comments, hoping that the community would be involved as this discussion continued in the future. Narain Bhatia of the Capital Expenditures Committee stated that thee were two central themes which must be addressed concerning the issue of the DPW Facility and the Senior Center: Social and Economic. The economic concerns would be easier to address because they deal with cost. But because no one has definitive costs, these cannot be addressed that this time. The social concerns, such as service delivery, location, etc. can be discussed now, but Summit VII — April 10, 2003 they will not be easy. John Rosenberg of the Capital Expenditures Committee followed up asking Mr. Lapointe if any motions had been prepared in regards to these items which Town Meeting will take up on the 28 Lapointe said he had a resolution with two motions, but he was waiting to see if the Board of Selectmen had any direction. At this point, Kelley stated that opening up this discussion in Town Meeting could go a million different directions, but he wanted to emphasize that we are the stewards of our heritage and that we do not own any land. The question must be phrased around the issue of land use and whether or not the people of the Town of Lexington want to relinquish control of our land. Levine questioned the move to recess at a time when it seemed apparent that that central issue has yet to be properly focused. He believed that if we proceeded onward in we would limit our options because all of these central issues have been tied into one Gordian knot. Charles Horning of the Capital Expenditures Committee questioned what money would be attached to the Articles and until that determination had been made it would be impossible for his committee to take a position on either the proposal or the motions. He also stated his belief that the money set aside for Article 14 should be new money that is separate from the site specific money allocated by Town Meeting in 2000. Hamburger concluded conversation with the belief that Kelley's point was central to the discussion as it continues moving forward. The Summit was adjourned at this point so the room could be used for other purposes. The School Committee adjourned, while the Board of Selectmen, Capital Expenditures and the Appropriations Committees stayed in session. Meeting ended at 7:10 pm. Michael Young Management Intern Town Manager's Office Selectmen's Meeting April 10, 2003 A continued meeting of the Board of Selectmen from April 7, 2003 was held on Thursday, April 10, 2003 in the Library of Lexington High School following Summit VII at 7:15 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy; Mr. Kelley; Mr. White, Town Manager; and Mrs. Vine, Assistant Town Manager were present. Board of Selectmen Office Reorganization Chairman McSweeney discussed several options under review for structuring Board of Selectmen office operations. A survey conducted by the Town Manager's Office was distributed along with additional information requested by the Board. Board members reviewed the materials and discussed whether there was a need for maintaining an independent office. Mr. Kelley indicated a strong desire for the citizens to have independent access to the Board without having to go through the Town Manager's Office. The Board agreed that Lynne Pease should be offered the position of Executive Clerk. However, Mrs. McKenna expressed a concern that Lynne did not wish to undertake a full -time position. The Board authorized the Chair to discuss with Lynne whether she would be willing to accept a full -time position. Mr. McSweeney indicated that he thought the full -time position would be more appealing to Lynne if she did not have to attend night meetings of the Board of Selectmen. Mrs. McKenna stated that she was concerned about the lack of follow through on Selectmen requests if the Executive Clerk did not attend meetings. Mrs. Krieger suggested that we consider a temporary arrangement, for example, three months for this position to try out this arrangement. Mr. McSweeney has already spoken with Elissa Tap about taking the position of recording secretary. Mrs. McKenna raised strong objections that one member of the Board would make such an inquiry without the Board having discussed the structuring of staffing. In addition, she felt it was imperative that the position be internally advertised and that the Board have the benefit of knowing who might be interested in such a position. It was agreed that the recording secretary position would be posted internally. The question was raised regarding funding for these positions. No provisions were made in the FY03 budget for paying for a person to cover the office upon Mrs. Smith's retirement. Mr. White indicated that money could be transferred to cover the mid -year retirement. Upon motion duly made and seconded, it was voted 3 -2 (Mr. Kennedy and Mrs. Krieger) to maintain the position of Executive Clerk in a separate Board of Selectmen office. Selectmen's Meeting — April 10, 2003 Upon motion duly made and seconded, it was voted 3 -2 (Mrs. McKenna, Mr. Kelley) to hire a recording secretary for the purpose of attending Board of Selectmen meetings and taking minutes on a temporary basis through June 30 Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m. A true record, Attest: Linda Crew Vine Assistant Town Manager Selectmen's Meeting April 14, 2003 A regular meeting of the Board of Selectmen was held on Wednesday, April 14, 2003 in the Library at the National Heritage Museum at 6:45 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy, Mr. Kelley; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith, Executive Clerk were present. Mr. McSweeney opened the meeting with the first order of business being an executive session. Upon motion duly made and seconded, it was voted by roll call vote: Mr. Kennedy, Mrs. Krieger, Mr. McSweeney, and Mrs. McKenna to go into executive session for the purpose of discussion of a matter of litigation with the intent of returning to open session at 7:00 p.m. Article Recap Article 4 Mrs. Krieger indicated that as the Board presents its positions, I think we need to tell Town Meeting how we are going to respond to their vote. Mrs. McKenna confirmed that the Board members are all opposed to the proposed amendments. Board members McKenna, Krieger, Kennedy and McSweeney all indicated they are struggling with taking a position on putting any more on the at risk list, which would put the override over $5 million. Mr. Kennedy indicated he would like to do what Town Meeting wants us to do. I am supporting an override that I think is already too high. Mr. McSweeney felt he would be comfortable with at least telling Town Meeting how we got at the $4.957 million. I don't want to go against the voice of Town Meeting. Mrs. McKenna wondered whether it would be appropriate to lay out where the Board is now and say that the Board has not taken an actual vote. Board members agreed that the best idea would be to listen to the discussion and see what vote takes place. Article 81— Town Building Envelope Program Mrs. McKenna indicated that the Capital Expenditures Committee is not sure whether the $50,000 is the right amount for the ADA work at the Fire Station. Mr. Kennedy felt he hopes the Capital Expenditures Committee is supporting the work. $50,000 is a very small piece of bringing the Town into compliance. Article 16 — Lexington Skate Park Board members were informed that the Skate Park Committee had met with the Recreation Committee. The Recreation Committee agreed to $30,000 from the Enterprise Fund. The Skate Park Committee motion will be to ask for $30,000 from the Enterprise Fund for fencing and landscaping. The Committee will continue with fundraising for more events. Mrs. McKenna mentioned that there may be money left over from the Blossom Street project and the Skate Park Committee should work with the Recreation Committee. Upon motion duly made and seconded, it was voted to support Article 16. Selectmen's Meeting — April 14, 2003 Set Date for Override Election Mrs. McKenna asked if the election could be called earlier than the proposed June 2 date. Town Clerk Donna Hooper replied that the Town Clerk's office must have 35 days, which would make April 28 the deadline. Upon motion duly made and seconded, it was voted to set the date for the override election for June 2, 2003. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of January 16 (with correction noted), January 22, 23 and March 26, 2003. Sidewalk Permit Upon motion duly made and seconded, it was voted to approve the Town Manager's approval of a sidewalk permit to the Candy Castle from May 1 through September 30, 2003. Article 13 — Municipal Electric Utility Plant Board members discussed the advisability and time frame for going with an RFI process for a power generation plant at Hartwell Avenue. Patrick Mehr indicated the interest of the Electric Utility Ad Hoc Committee. There is a natural gas line and substation at Hartwell Avenue. If we do not proceed, we may lose our turn to other sites in the State. If we send out an RFI, we should generate a list of approximately twelve developers. Board members felt the Committee should go forward and should have discussions with the DPW staff Upon motion duly made and seconded, it was voted that the Electric Utility Ad Hoc Committee in conjunction with Town staff and the DPW Facility Committee be authorized to issue an RFI for a power generation plant at Hartwell Avenue provided that the RFI acknowledges that current DPW functions will continue to operate on the site. Selectmen Liaisons Mr. Kennedy updated the Board on the work of the Human Services Committee on the findings of the study of mental health services. They hope to develop a model that will enhance services in Lexington. They are also endorsing the concept of a teen center at the Church of Christ Scientist. Mrs. McKenna indicated the School Committee is interested in having a representative from the schools on the committee. Selectmen's Meeting — April 14, 2003 Mrs. McKenna encouraged everybody to take advantage and enjoy the Patriots' Day activities. Upon motion duly made and seconded, it was voted to adjourn at 7:50 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting April 28, 2003 A regular meeting of the Board of Selectmen was held on Monday, April 28, 2003 in the Library at the National Heritage Museum at 7:00 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy, Mr. Kelley, Mr. White, Town Manager, Mr. Lahey, Town Counsel, and Ms. Tap, Recording Secretary, were present. NSTAR Electric Grant of Location NSTAR representative Renee Clark explained the company's petition to install a utility pole and 12 feet of conduit on Sedge Road. It will service the irrigation system for athletic fields at Diamond Middle School. Mrs. McKenna asked if the utilities could be underground. Ms. Clark said that there is currently no nearby transformer that would make it possible. Mr. Kennedy asked Mr. Hadley, Director of Public Works if the irrigation was necessary to the field improvement. The answer was yes. Upon motion duly made and seconded, it was voted to approve the petition of NSTAR Electric to erect or construct, and a location for, a pole and conduit with the necessary wires and cables therein, located on, under and along Sedge Road on the northerly side, approximately 350 feet (west of Hathaway Road, install one (1) pole 379/3X, and northerly approximately 300 feet west of Hathaway Road, a distance of about 12 feet install conduit @ pole 379/3X. Proclamation - National Public Works Week Mr. McSweeney read a proclamation recognizing the positive contribution made by the Department of Public Works employees to the health, safety and quality of life of all Lexington citizens. Remarking on the severity of last winter's weather, he said it is particularly appropriate to recognize their efforts. Upon motion duly made and seconded, it was voted to sign the proclamation proclaiming May 18 - 24 as National Public Works Week. Mr. Hadley expressed his thanks and said that the department will be having an open house on May 22. He invited all to attend. One -day Liquor License - Lexington Preschool PTA The Lexington Preschool PTA has requested a one -day liquor license to hold a Beer Tasting on May 3, 2003 at 7 Maple Street. Upon motion duly made and seconded, it was voted to approve a one -day liquor license for the Lexington Preschool Parent - Teacher Association for a Beer Tasting at 7 Maple Street on May 7, 2003 from 7:30 to 11:30 p.m. Selectmen's Meeting — April 28, 2003 Lexington Limousine License - Lexington Sedan Service Lexington Sedan Services has requested renewal of the Limousine License, which expires on May 1, 2003. Upon motion duly made and seconded, it was voted to approve a Limousine License for Lexington Sedan Services. Reappointment - Recreation Committee Recognizing the great value of her service to the Recreation Committee over the years, Mr. White said he would like to reappoint Mrs. Sandra Shaw to the committee. Mrs. McKenna noted that she had received suggestions that representatives of leagues currently using recreation facilities be considered for future appointments to the committee. It is important that families using the athletic fields be represented. Upon the motion duly made and seconded, it was voted to approve the Town Manager's appointment of Sandra Shaw to a three -year term as a member of the Recreation Committee. Senior Center Petition Mr. McSweeney said that he had accepted a petition signed by 900 residents asking the Board to pursue construction of a new senior center immediately. The Board supports this request and will continue working towards a new facility. Minutes Mrs. McKenna requested that the minutes of April 10 not be reviewed tonight as she believes they need significant revision. Upon motion duly made and seconded, it was voted to approve the minutes for the meetings of January 27, February 3 and 24, and April 7 and 14. Town Meeting Article Positions Kaufman Amendment Mr. David Kaufman, Town Meeting Member, Precinct 6, proposed an amendment to place $13,700 in MIS expenses at risk on the override. After a brief discussion, the Board was not ready to decide whether they would put the item on the at risk list if Town Meeting supports the amendment. Upon motion duly made and seconded, it was voted to oppose Mr. Kaufman's amendment to place $13,700 in MIS expenses at risk. Selectmen's Meeting — April 28, 2003 Liberty Ride Mrs. McKenna stated that Mr. Richard Canale, Tourism Committee, would move to rescind Town Meeting's approval of funding to the Liberty Ride, due to the accounting problems that caused a mis- statement of the Liberty Ride's financial condition. With the help of the Appropriations Committee, Tourism Committee and Comptroller John Ryan will need to discuss new accounting procedures to be put in place to ensure that gifts will be separated from ticket sales. The committee had thought they had covered the deficit but in fact there was a shortfall of approximately $15,000. Since they became aware of the problem, the Tourism Committee has solicited and received donations covering the shortfall. Therefore, they hope Town Meeting will oppose rescission. Upon motion duly made and seconded, the Board voted 3 -2 (Krieger, Kennedy) to oppose rescission of funding for the Liberty Ride. Article 14, Transfer of $30,000 from $50,000 Article 8 Appropriation by 2000 Town Meeting_ Town Manager White updated the Board on the COA's request for funds for site evaluation and schematic design relative to building a new senior center. The COA proposes to use no more than $30,000 of the $50,000 the 2000 Town Meeting appropriated for that purpose. Upon motion duly made and seconded, it was voted 3 -2 (McKenna, Kelley) to support Article 14. Article 25, 201 Bedford Street Disposition Mrs. McKenna and Mr. Kelley expressed reservations about the focus of the motion for Article 25. They were not ready to commit funds to a study of options relative to constructing a new senior center and reconstructing a DPW facility. If the funds to build a new center were to come from the sale of town property, they would be in opposition. Neither thought that selling 201 Bedford Street should be contemplated at this time, saying that the wording of Article 25 moves the town in a direction not yet determined to be a good direction. Mrs. McKenna suggested indefinite postponement of the article so more information could be developed. Mrs. Krieger said she believes that Article 25 would allow opportunity for more study of the options. Mr. Kennedy said that while more information is needed, indefinite postponement would halt discussion. Mr. Kelley said that fundamental questions should be answered first, e.g., should the DPW relinquish the site? Mrs. McKenna suggested deferring action on the article until after the 90 minute Town Meeting recess tonight as the Selectmen should be unanimous in their position. The Board agreed to defer voting on their position on this article until after the Town Meeting recess so comments made during the recess could be incorporated into their decision. Upon motion duly made and seconded, it was voted to adjourn the meeting until after the Town Meeting session tonight. Selectmen's Meeting — April 28, 2003 Mr. McSweeney reconvened the meeting at 10:45 p.m. Following a brief discussion, upon motion duly made and seconded, the Board vote unanimously to place the following question on the ballot for a Special Election to be held on Monday, June 2, 2003: Shall the Town of Lexington be allowed to assess an additional $4,957,000 in real estate and personal property taxes for the purposes of police, fire, school, public works, finance, planning, Lexpress, library, youth, senior, social disabled, community development, economic development, town clerk and management information system services, and for certain capital projects and equipment related thereto including the purchase of a fire truck, for the fiscal year beginning July first, two thousand and three? Upon motion duly made and seconded, it was voted to adjourn at 10:50 p.m. A true record, Attest: Elissa M. Tap Selectmen's Meeting April 30, 2003 A regular meeting of the Board of Selectmen was held on Wednesday, April 30, 2003 in the Library at the National Heritage Museum at 7:00 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy, Mr. Kelley; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Pease, Clerk were present. Sign Warrant for June 2, 2003 Override Upon motion duly made and seconded, it was voted to sign the June 2, 2003 Override warrant. Battle Green Reauest — Fife and Drum Tattoo and Muster Awning and Tent The Lexington Minute Men sent a letter requesting permission to erect a 14 -foot long canvass awning and a 7 -foot tent at the south end of the Battle Green for the use of the officials during the Fife and Drum Muster on Saturday, May 3, 2003. Upon motion duly made and seconded, it was voted to approve the request of the Lexington Minute Men to erect a canvass awning and small tent on the south end of the Battle Green on Saturday, May 3, 2003. Article Positions Article 12 — DPW Operations Facility Article 12 will be indefinitely postponed. Mr. Hadley has $20,300 left in the DPW Facility Study account approved from Article 17 ($75,000) of the 1998 Annual Town Meeting. The money will be used to do a complete 21E study, including borings, on the 201 Bedford Street property. Article 14 — Senior Center Facility The DPW Facility /Senior Center Reevaluation Advisory Committee is requesting $30,000 at Town Meeting for the purpose of architectural and engineering studies for planning a new Senior Center. Mr. Kelley is concerned about the money being spent at this time. Need to identify what the Senior Center needs are. It will have an impact on size and the cost to run the facility. It is within the ability of the staff and Council on Aging to get a scope of programs and bring a recommendation to the Selectmen. Mrs. McKenna believes the previous vote at Town Meeting required that the money only be spent once a specific site has not been identified and released for use. She has not been convinced that the proposed work is applicable. Policy decisions need to come before the Selectmen from Council on Aging. Mrs. Krieger believes the Council on Aging and Friends have done at least one or two studies internally with their own resources to determine functional requirements of a new senior center. Have also heard from Town Meeting members and citizens that they would like the assumptions Selectmen's Meeting — April 30, 2003 validated. Because of this we need to spend the money to understand and validate what the functional requirements for a senior center are. Mrs. Krieger is in support of the suggestion made to have a model done. Mr. Kennedy believes this is a necessary first step in determining the needs of the senior center. It is not specific to a site and the Council on Aging is asking for money because they do no have the resources (time and expertise) to do work. Mr. McSweeney believes the money needs to be spent on professional help. Believes money will be well spent and will be appropriate no matter where Senior Center is located. Upon motion duly made and seconded, it was voted (3 -2, McKenna and Kelley opposed) to approve the use of $30,000 appropriated at the 2000 Town Meeting for the purpose of architectural and engineering studies for planning a new Senior Center. Article 25 — 201 Bedford Street Disposition The Board discussed three motion options. Upon motion duly made and seconded, it was voted to approve the following motion: Resolved that the town meeting hereby urges the Board of Selectmen to continue to explore and identify any and all options available to it to facilitate the construction of a senior center and the construction or reconstruction of a DPW facility. Selectmen Liaison Reports At its next meeting, Mrs. McKenna will be asking the Board to consider providing funds from the Selectmen's Special Projects fund to the Lexington Center Committee (LCC) for a Lexington Brochure. The LCC has been working on a Brochure that lists every business in Lexington center. The Town Manager's office helped with seed money to help get the brochure designed. Money would enable the LCC to print enough copies to mail to all households and all businesses and have extras for museum, chamber and other various outlets. Mrs. McKenna hopes the Board will consider the request favorably. Upon motion duly made and seconded, it was voted to adjourn 7:30 p.m. A true record, Attest: Lynne A. Pease