HomeMy WebLinkAbout2003-06-BOS-minSelectmen's Meeting
June 9, 2003
A regular meeting of the Board of Selectmen was held on Monday, June 9, 2003 in the
Auditorium at the Clarke Middle School, 17 Stedman Road, Lexington. 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.
A large audience of Lexington residents and Town employees was also present.
Budget Impact Reports
Mr. McSweeney briefly outlined the history of the budget preparation process for FY04, which
began in July 2002, leading up to the override vote on June 2, 2003.
Mr. White listed the kinds of implications of the override's defeat, the options the town has
before the new fiscal year begins on July 1, and the practical implications of the public's choice
of the smaller of two budgets. He asked senior staff to describe the service reductions that their
departments will have to implement.
Town Counsel Lahey summarized the Town's legal options. The Town cannot incur fiscal year
2003 expenditures after July 1, 2003. It can 1) begin the year as is, adhering to the cuts as part of
the override package; 2) vote the override again; or, 3) place the same override question before
the voters again.
Ms. Janet Perry, Personnel Advisory Board, explained why the lay -off of employees, after the
override failed, was handled as it was, saying that there is no painless way to lay people off She
and other members of the Board have a great deal of experience in human resources, including
layoffs, and comparatively speaking, it was done well last week. The laid -off employees were
able to leave with pay for untaken vacation and an extension of benefits for a period of time.
Mr. Hadley, Public Works; Mr. Torode, Fire Chief, Mr. Frederickson, Community Development;
Mrs. Mahoney, Library Director; and Mr. Casey, Police Chief, detailed the severe reduction in
services their departments will provide to residents as a result of the override.
Mrs. McKenna thanked the residents for caring. A 59% voter turnout was a good reflection of
community sentiment. She said that it was not the bundling of the override that was a problem.
Rather, it was the prioritization of the items we had put at risk. As I had said from the beginning,
critical services should not be put at risk on an override. She also believes that the Board did not
receive accurate information from the Town Manager about the implications of some of the cuts.
In addition, she felt that the layoffs were handled in a cold and callous manner. Some employees
were only told after the failure that their positions were at risk. Employees, some of whom had
worked for the town for years, came into work, were told of the failed override, and watched
while they packed their things and escorted out of the building. This was no way to treat
valuable employees who were being terminated through no fault of their own.
Selectmen's Meeting — June 9, 2003
Mr. McSweeney said he thought the Town Manager is dedicated to the Town and did a fine job.
Mrs. Krieger thanked the Town Manger and his staff and commended them for doing what was
necessary in an outstanding and professional way.
Mr. Kennedy said that the override represents a failure for which the Selectmen share the blame
but that it failed for many reasons. We must work with staff and committees and with union and
non -union employees to solve the problems.
Mr. White said he would keep the Board apprised of staff's actions to deal with the budget crisis.
Mr. McSweeney said that effects on the police and fire departments in particular are emerging as
the most problematic and worrisome to residents. He invited members of the audience to speak.
Audience Questions and Comments
Mr. Robert Beckwitt, 3 Eliot Road, said that he and many other residents believe the budget cuts
in the police and fire departments — public safety personnel — are unacceptable. They have
formed a group called Lexington Citizens for Public Safety and plan to petition for a special
town meeting to try to find a way to remedy the effects of the failure of the bundled override.
Twelve other residents and town employees expressed their views on the failed override, some
defending the Selectmen and town officials. Many called for restoration of public safety services
and Lexpress by revisiting the budget and working creatively toward a compromise. It was felt
that Lexington would lose essential town character if the override cuts were allowed to stand.
Eric Reiner, a Clarke Middle School student, spoke of the need to keep Lexpress buses in
operation. Many students, as well as elderly persons, use the service. He detailed the
environmental benefits of public transportation and then presented a petition signed by scores of
residents calling for restoration of funds for Lexpress in the budget.
Mrs. Lorraine Fournier stated her reasons for voting against the override. While she regrets lost
municipal jobs, she said that residents are also losing their jobs and cannot afford the increase in
taxes.
Mr. Kelley commented that he learned a great deal from all of the statements heard tonight. The
NO vote has been a shock to everyone. A more efficient delivery of town services is imperative.
He suggested that the Board should hold a meeting prior to the next scheduled meeting on June
30 to get more information and discuss their options.
The Board agreed to meet on Wednesday, June 18, 2003. Mr. McSweeney thanked the residents
and town employees for attending and speaking their minds.
Selectmen's Meeting — June 9, 2003
Consent Agenda
Resignation — Council for the Arts
Upon motion duly made and seconded, it was voted to accept the resignation of Margaret
Bradley from the Council for the Arts.
Sunday Entertainment License — Lion's Club Carnival
Upon motion duly made and seconded, it was voted to grant a Sunday Entertainment License to
Fiesta Shows for the Lexington Lions Club Carnival on July 6, 2003, to be held on the Lexington
High School grounds.
Traffic Safety Advisory Committee
After consulting with Mr. Carbonneau, Assistant Town Engineer, it was agreed to postpone
discussing the Traffic Safety Advisory Committee's issues until the Board's meeting on June 30,
2003.
Sale of Land — Laconia Street
Referring to information he had sent the Board relative to the proposed sale of a small parcel of
Tax Title Land at parcel 4, lot 63C, map 54, on Laconia Street, Mr. Young, Management Intern,
reported that staff believes it appropriate to sell the parcel to the 450 Lowell Street Trust.
Upon motion duly made and seconded, it was voted to approve the sale of tax title land
commonly known as parcel 4, lot 63C, on town property map 54, on Laconia Street, and require
closure of the land sale within 30 days of Board agreement to sell.
Access Corporation — Communications Advisory Committee
After a brief discussion with representatives of the Communications Advisory Committee, it was
agreed to postpone discussing the subject of creating an Access Corporation to the Board's
meeting on July 21, early on that night's agenda
Electric Utility Ad Hoc Committee — Municipalization and Status of Double Poles
Municipalization Mr. Patrick Mehr, representing the Electric Utility Ad Hoc Committee, was
present to ask the Selectmen to sign a letter to Lexington's legislators seeking their support for
Bill #H1468 regarding formation of municipal electric utilities. Mr. Mehr said that more towns
are signing on to support forming municipal electric utilities.
Upon motion duly made and seconded, it was voted to sign the letter to the legislators supporting
Bill H1468.
Selectmen's Meeting — June 9, 2003
Status of Double Poles Mr. Mehr also reported that he has been tracking the status of double
utility poles in town. The utility companies have been slow to remove double poles, which they
are supposed to do within three months of installing them. At the same time, new ones are being
installed. He recommends that Mr. McSweeney write a strong letter to the utility companies,
asking them to step up their efforts to remove unsightly double poles, and referring to the extra
time they have already been given to remove them.
Mrs. McKenna asked if it is possible for the Board to deny or delay grants of location. The Board
asked Mr. Lahey to research the matter.
It was agreed to write a letter as strong as legally possible to Verizon to put them on notice that
Lexington will file a complaint if they do not reduce the number of double poles appreciably in
the near future. Mr. Lahey will review the letter before it is sent to Verizon.
Mr. Mehr also reported that about 30 people came to a walk of the area on Hartwell Avenue that
is being considered for siting a municipal power plant. He said there would be five meetings of
the Electric Utility Ad Hoc Committee beginning on June 23 and running through September.
Personal Services Transfers
Mrs. McKenna asked that the matter of personal services transfers be taken up at the meeting on
June 18, when there might be more information available. Mrs. Krieger suggested that the Board
have a summit meeting that night as well. It was agreed to do so.
Reserve Fund Transfers
Mr. White reported that Reserve Fund Transfers are needed for unexpected expenditures
expenses in the legal, unemployment insurance, and elections programs. Mrs. McKenna asked
that the matter of the Unemployment Insurance account be deferred.
Upon motion duly made and seconded, it was voted to approve the Reserve Fund Transfers in
the amount of $98,000 to account number 10015102 - 52110, Legal Budget, and $12,000 to
account number 16201 - 51110, Elections, and to defer voting on the transfer to Unemployment
Insurance account to June 18.
Ms. Krieger moved to approve the Reserve Fund Transfer of $35,000 to account number
10091311 - 51902, Unemployment Insurance. There was no second.
Appointments/Reappointments
Upon motion duly made and seconded, it was voted to approve the following appointments and
reappointments:
Selectmen's Meeting — June 9, 2003
• Appoint Alex Maslow as a Battle Green Guide, until June 2004;
• Appoint Eric Brown, Bahig A. Kaldas and Alenka Slezak to the Design Advisory
Committee until September 2003;
• Appoint Karen Bechtel, Barbara Hulsizer, and Elizabeth Whitman as Design Advisory
Committee Associates until September 2003;
• Appoint Stewart Kennedy as the Conservation Commission's representative to the
Hanscom Area Towns Committee
• Reappoint David F. Eagle, William C. Hays and Martha C. Wood to the Lexington
Housing Assistance Board for terms to expire May 31, 2006; and
• Appoint Judith Minardi to the Personnel Advisory Board for a term to expire September
30, 2004.
Battle Green Request — Flag Day Ceremony
The Lexington Lodge of Elks requests permission to use the Battle Green on Flag Day, June 14,
2003 at 2:00 p.m.
Upon motion duly made and seconded, it was voted to approve the request of the Lexington
Lodge of Elks to use the Battle Green on June 14, 2003 at 2:00 p.m. for a Flag Day Ceremony.
Minutes
Upon motion duly made and seconded, it was voted to postpone consideration of the minutes to
the meeting on June 18, 2003.
Liaison Reports
TMMA Budget Meeting - Mrs. McKenna reported that Mr. Manz, Chair of the Town Meeting
Members Association, would like a representative from the Board of Selectmen to attend the
TMMA's meeting on the budget crisis. Mrs. Krieger said she would attend.
Liberty Ride - Mrs. McKenna reported that the Liberty Ride begins operating on July 1 and will
run until October 13. A financing subcommittee including John Ryan was formed and they have
put budgeting procedures in place. The group will review the procedures at the end of August to
see how they are working.
HATS — Developments with Regional Impact - Mrs. Krieger reported that the Hanscom Area
Towns Committee's Developments with Regional Impact Review sub -group is looking for a
second person to represent Lexington on the committee. The committee reviews projects like the
proposed municipal power plant in Lexington.
Selectmen's Meeting — June 9, 2003
DCAM — Met State Hospital Reuse — Mrs. Krieger reported that the Department of Capital Asset
Management awarded the development contract for the Lexington portion of the Metropolitan
State Hospital site to AvalonBay. The Lexington Met State Task Force met with the developer
and it seems that a Local Initiative Petition would be the preferred avenue to take, as all the units
built would meet the Department of Housing and Community Development's definition of
affordable housing.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mr. Kelly, Mr. Kennedy,
Mrs. Krieger, Mrs. McKenna, and Mr. McSweeney to go into executive session for discussion of
a matter of possible litigation, with no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn the meeting at 11:00 p.m.
A true record, Attest:
Elissa M. Tap
Selectmen's Meeting
June 18, 2003
A regular meeting of the Board of Selectmen was held on Wednesday, June 18, 2003 in the High
School Commons II at 7:00 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna, Mr.
Kennedy, Mr. Kelley; Mr. White, Town Manager; Mr. Gonzales, Town Counsel and Ms. Pease,
Executive Clerk were present.
Mrs. Krieger read the following letter that each Selectmen received from the Senior Management
Team dated June 12, 2003:
"The Senior Management Team (SMT), consisting of the department heads in Lexington
general government, offers in this letter its unanimous and deeply felt concerns in regard
to particular post- override events that occurred on June 9, 2003. Before proceeding to
those thoughts, the members emphasize that Mr. Richard White, the Town Manager,
neither asked us to write this letter nor is aware of its existence.
Specifically, the senior managers take exception to the remarks made by Selectmen
Dawn McKenna at the Board of Selectmen meeting on the evening of June 9. Her
comments attributed much of the blame for the override failure and post- override tension
to the Town Manager, contending that neither the employees nor the general citizenry
trusted him. There was further criticism from Selectman McKenna that the Manager
failed to keep the Board and the community at large sufficiently informed in advance of
the consequences of a failed override referendum. Her critique went on to disparage Mr.
White for the "precipitous" way in which laid -off employees were dismissed. The entire
statement was a personal attack, in a moment when conciliation was urgently needed.
The Fiscal 2004 budget process was painfully difficult for the senior managers and all
boards and committees involved in it, but the reality is that Mr. White's unwavering
leadership helped to get everyone through the ordeal. Our trust in him was implicit, even
as the magnitude of the fiscal crisis became apparent. That trust remains today.
As for the concern that there was insufficient advance information available in regard to
override impacts, the SMR finds this contention to be particularly unsupportable. The
unanimous opinion among our group was that this was the most exhaustive and open
process that any of us had experienced, in Lexington or elsewhere. The eleven months of
the budget process to date have seen an unprecedented amount of meetings, staff
technical support for all activity, and layers of public review, as well as the largest and
most useful volume of written and graphic support material and analysis imaginable.
Finally, the harsh criticism on the manner of employee dismissal reflects a profound and
widespread misunderstanding. First, it needs to be stated emphatically that it is the Town
Manager's responsibility, and solely his, to carry out the wishes of the voters in a the
explicit guidance of two members of the Selectmen's own Personnel Advisory Board,
Selectmen's Meeting — June 18, 2003
referendum, under the Town Manager and Selectmen's Act. Second, the employee layoff
on Tuesday, June 3 was anything but "callous" or "precipitous ". It was carried out with
with details planned well in advance, so that the procedures would be proactive rather
than reactive. With only a few exceptions, employees who were at risk knew about the
situation far in advance. Care and compassion were the guiding principles. The reality is
that there is no way to dismiss an employee in a layoff without heartache.
The fiscal constraints in the layoff need to be reiterated. In order to pay any accrued
leave and offer two weeks severance -in- lieu -of- notice, it was necessary to dismiss
impacted employees immediately. That liability needed to be retired during Fiscal 2003,
since there is no funding in Fiscal 2004 for any of the items that were on the at -risk list.
The timing of the override vote left management no alternative.
We, the senior managers, urge the Board of Selectmen to fully understand and execute
there duties under state law, and to leave the Manager free to do his prescribed job under
the same statute. We further hope that the BOS will strive to maintain an environment of
civility and order, free of personal attack that only serve to foster divisiveness and lower
the morale of loyal employees. The employees look to the Selectmen to exert leadership
that will bring about this state of affairs, demonstrating strength, compassion and a
determination to more forward. This is what we respectfully ask of all Selectmen.
Thank you for listening to our concerns.
Sincerely,
The Senior Management Team"
(signed by the following: Christopher Casey, Chief of Police, Steven Frederickson,
Community Development, Glenn Garber, Planning Director, William Hadley, Public
Works Director, Donna Hooper, Town Clerk, Carol Mahoney, Library Director, Candy
McLaughlin, Senior Management Analyst, John Ryan, Comptroller, Connie Rawson,
MIS Director, Karen Simmons, Director of Recreation, Heather Sweeney, Social Services
Director, Peter Torode, Fire Chief)
Mrs. McKenna stated that the Board of Selectmen is elected to decide what is and is not the
responsibility of the Town Manager and that last year in the Manager's evaluation that was read
publicly in the record, one of the criticisms was that his staff was so empowered that they felt
they could tell the Selectmen what to do and this is an example.
Personal Services Transfers
Mrs. McKenna had requested information on several of the transfers and still had a few questions
regarding some of the items. She was willing to vote on some of the items and hold the rest until
her questions could be answered.
Selectmen's Meeting — June 18, 2003
Upon motion duly made and seconded, it was voted to 2 -3 (McSweeney, Krieger, Kennedy) to
approve the following year -end transfers: Board of Selectmen $14,100, Town Clerk $8,200,
Police $18,500, Fire $158,000, Veteran's $1,100, Council on Aging $6,200, and Public Works
$2,568, totaling $208,868.
Upon motion duly made and seconded, it was voted 3 -2 (McKenna, Kelley) to approve the
following year -end transfers: Board of Selectmen $14,100, Town Manager $24,400, Town Clerk
$8,200, Municipal Services $5,900, MIS $8,100, Planning $16,500, Police $18,500, Fire
$158,000, Community Development $20,600, Veteran's $1,100, Council on Aging $6,200,
Library $43,500, and Public Works $2,568, totaling $327,668.
Reserve Fund Transfer
Upon motion duly made and seconded, it was voted to approve a Reserve Fund Transfer Request
for Unemployment Insurance in the amount of $35,000.
Use of Battle Green — Lexington Justice and Peace Committee
Mrs. McKenna feels this has been a weekly occurrence for months and that it has been ongoing
long enough. Allowing ongoing permits for the Battle Green sets a bad precedence.
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to approve the request
of the Lexington Justice and Peace Committee to use the Battle Green on Wednesdays for a one -
hour peace vigil from June 25, 2003 through August 27, 2003 from 5:30 to 6:30 p.m.
Budget Impact Reports
Schools
Mr. Close felt it was important for the Selectmen to hear what the impact of the override will be
on the schools, like Police, Fire and DPW had an opportunity to do at the last meeting. The
entire school system is prepared to continue the excellent education to the children of Lexington
regardless of the budget changes.
Ms. Benton spoke about a transition action plan that was put in place to maximize employee
support. Workshops and services are being provided to the affected employees including
brushing up on resumes, signing up for unemployment compensation, and counseling and she
has actively asked for help from area Superintendents to find jobs for the staff that lost their
positions.
There are several items that were lost on the Town side that also affect the schools. They
include: community resource officers, coverage for crossing guards, Lexpress, technology, and
library cuts. It is Ms. Benton's belief that the Lexington Public Schools are a quality school
system and they will continue to be. The list that was assembled by the School Department will
do the least amount of damage to our schools.
Selectmen's Meeting — June 18, 2003
Barbara Manfredi, Principal of Bridge School, stated some of the cuts that will affect the
elementary schools. They include the art, music and physical education that have been reduced
to one 45- minute period. There will be no fifth grade chorus and no concerts. All of the
elementary school assistant principals were cut back 25 %. Nursing and substitutes were cut
back. Materials and supplies were cut by $80,000. Science, social studies and support personnel
were cut by $20,000. Manageable class size with integrated support staff should be sacred. All
the areas that were cut helped to make classroom function in an optimum way. Judgments were
made that favored people who work with students over paper.
Pamela Houlares, Principal of Clarke Middle School, and Joanne Hennessy, Principal of
Diamond Middle School, informed the Selectmen about the magnitude of the cuts. Foreign
language, physical education, health, music and drama have been reduced. Electives and special
education have been reduced. Art and all JV sports have been cut. Permanent substitutes and
instructional supplies and materials have been cut, which affects test book purchases, new
initiatives, and replacing older textbooks. Nurse's office cut to part-time; secretary will cover
when nurses out. Purchases like microscopes have been cut. Twenty -one sessions of electives
have been cut from both middle schools in the 7 th and 8 th grade. These reductions and cuts will
mean unstructured time for students during the school day and increased class sizes.
Ernest Van Seasholes, Principal of the High School stated that Lexington High School is a very
fine high school, one of the finest in Massachusetts. We are going to be very stretched and we
are not going to be able to operate as in the past. Per pupil expenditures are conservatively lower
in Lexington than many of the other 5 schools that we compete with. Students will not be able to
get all the kinds of courses they want because the school will first have to provide the required
courses. Classes will be larger. There will be limitations on the number of courses the students
may take. Some courses have been cancelled already; many of these courses are the kind of
specialty classes that made LHS special. Health and safety are being reduced. Special peer
project is being eliminated. There has been a halt in plans to provide more equitable and
effective teaching loads so we can compete for the best teachers possible and deliver the kinds of
services wanted. In conclusion we are going to work hard, do well, and do everything we can for
the students.
Other
Joann Gschwendter spoke regarding the need for a Historic Districts Commission Clerk. The
Historic Districts Commission (HDC) is a Special Act of the State Legislature and the
Commissioners are appointed by the Selectmen. The HDC has judicial responsibilities in Town
and due to the legal ramifications, it is important that there be a Clerk. The Clerk has many
responsibilities starting with numerous phone calls daily, people stopping by office for
information and forms, legal deadlines for each monthly meeting, notifying abutters, preparing
and mailing packets to each Commissioner. Clerk also attends meetings and takes notes. After
meeting Clerk prepares minutes, Certificates of Appropriateness, and Determinations for each
hearing.
Selectmen's Meeting — June 18, 2003
Ruth Lynn, Head of the Children's Department at Cary Library. Cary Library has been ranked
among the top 10 libraries in the country in the 20,000 to 50,000- population range. The library
has lost 14 staff, plus 4 vacant positions, which is a 34% cut in the number of library staff and a
20% cut in full -time staff equivalent employees. That means the Cary Library will be closed all
weekend in July and August and the library will be closed on Sunday indefinitely. East
Lexington Library hours will be cut by 45 %, which means it will be open only one evening a
week and closed all day from Friday through Sunday. These cuts will mean longer lines for
reference questions and checkout, difficulty in finding materials because re- shelving will only be
done as time permits, there will be fewer new materials and programs. When the new library
opens, there will be an expected surge of use and expectations may not be met for service and
availability of material. If there is another override the Library cannot sustain any more budget
cuts and urges the Selectmen to vote to restore the library funding.
Sara Arnold, Co -Chair of the Transportation Advisory Committee, asked the Selectmen to help
continue Lexpress and the Chair Car. Without town funding for public transportation, the town
will lose the $80,000 annual grant from the MBTA, and it is very unlikely that the Town would
be able to get the MBTA grant again. TAC believes funding for transportation should be
reconsidered. A petition was started over the weekend, which obtained the necessary 100
signatures needed to put Lexpress and the Chair Car on a warrant if there is a special town
meeting. The TAC urges the Selectmen to support a budget line item for Lexpress and is willing
to work with the Selectmen on any of the transportation issues in order to have some form of
transportation in town.
Many residents stated their comments, concerns and questions about the public safety, school
issues, and Lexpress. Many people spoke and felt if there was another override it should not be
unbundled; they believe unbundling would pit one group against another.
Summit VIII
Board of Selectmen, School Committee, Appropriations Committee, and Capital Expenditures
Committee called their meeting to order.
Legal Options
Jay Gonzalez, Palmer & Dodge summarized the options regarding changing appropriations to the
FY03 budget. The town can do nothing, work with existing appropriation and have another
override with some or all at -risk items, or seek new appropriations from a Special Town Meeting
and have a subsequent override vote.
Selectmen have options with respect to the form of the override questions. The options are:
bundled — submit one question with two or more purposes, menu — separate ballot questions for
different purposes, pyramid — proposing different funding levels for the same purpose or
purposes as alternative questions, and tiered — different levels of funding for different purposes.
Selectmen's Meeting — June 18, 2003
If another override, there is concern about impact on Schools because hiring is usually done in
the summer. If anything is done, the sooner the better.
There was a lot of discussion regarding how to keep Lexpress running after June 30. It was
asked if Lexpress could continue over summer somehow while problems are worked out, but
there is no appropriation for transportation so that is not possible. Mr. Michelson asked if the
$80,000 from the parking meter fund could be returned to transportation, but the money was
appropriated elsewhere.
The MBTA requires $40,000 match from town to get $80,000 grant. It was asked if there is a
period of grace for the MBTA grant? The TAC understands there is a period of grace but the
problem is the money could not just be used for the summer; its needs to be spread over year.
Mr. White stated strongly that revenue from ridership could be used to meet requirements as long
as Town Meeting appropriates, but Comptroller has to sign a contract that says funds have been
appropriated. There is no system in place that a certain amount of revenue is available. They are
always contingent on a formula and appropriation.
Mr. Hamburger, Appropriations Committee, is concerned about the long -term consequences of
having an override passed in October and then facing more cuts in 2005. Need to create
stabilization to help get through 2005 without another override.
What does choice mean?
Mr. Griffiths, School Committee, believes the biggest problem in balancing the budgets in 2005
and 2006 will be benefits. Benefits will continue to increase. Cannot avoid notion that we have
to consider building stabilization money.
Mr. McSweeney feels he needs to bring a smaller number and a choice for another override in
order for it to be successful, thinking around $2 million ($1 million for municipal and $1 million
for schools).
Mrs. Krieger feels strongly that the Town needs to provide a balanced set of services. Should
not pit one group against another. A layered approach would allow for a balanced set of services
and it could be done quickly; but this does not address stabilization issue. Her plan would
include a minimal question that restores perhaps $2.2 million dollars in services that were in
proportion to the major override, which would include approximately $1 million in school
service put back, some percentage of the fire service restored, some percentage of lexpress
restored, some percentage of police restored, some percentage of library restored to come up
with that $2 million figure. Then there would be a question that was $3.5 to 4 million that
included the 2.2 million plus more services and then a third question that restored everything.
Selectmen's Meeting — June 18, 2003
Mr. McSweeney believes people did not know difference between bundled and unbundled before
June 2 vote. Now they know and if we bring in other words like layered or menu it will confuse
them. He wants the vote to be successful.
Mr. Close, School Committee, said historically unbundled means school and municipal. Need to
think hard about options. Community should be able to choice from balanced set of options. It
may be more complicated, but Lexington can handle.
Ms. Brown, Appropriations Committee, does not want to create false hope. Health care costs are
rising 20% and there is an additional 10% reduction in state aid. If we are going to live within
proposition 2 -1/2, we cannot continue to provide services or add services at current levels.
Concerned about affect of partial year override when we will probably have to go back to voters
again in 2005. Whatever is decided, we must proceed cautiously and carefully and look at all the
ramifications and not give false hope for FY 05.
Mr. Kennedy has received responses from many citizens. Should not return with same override.
It should be smaller and have choice. He heard from many people about trust. Citizens have
challenged us and we need to challenge them back.
Mrs. McKenna believes critical services should not have been on override. If any action, it has
to be done quickly. It does not help the schools to have override at end of September. She has
talked and listened to a lot of people and the trust issue is throughout. She believes there is a
leadership and management problem and cannot go back to voters with any override until the
Board is willing to look at and deal with problems.
Majority of residents that spoke believe a bundled override is necessary. Unbundled would pit
one group against another and would be divisive. Many felt critical services must be put back in
budget. Bundled sends message that we are all in this together. Tiered would let the voters
decide on the level of services they wanted. Some residents said trust and credibility were an
issue.
Mr. Kelley believes the Board has lost the confidence and credibility of a great number of people
in the community and has to take responsibility for that and address it. Residents are asking me
why money continues to be removed from the budget for critical service items such as the East
Lexington Fire Station and the Police that have been presented as at -risk items before. He wants
to address the issue of critical service that we left at risk wrongly. He is not comfortable with an
unbundled override that is too complex and feels something has to be done quickly. Does agree
that we have to appropriately fund things to protect ourselves in future years. Would like to see
any departments that have now found themselves terribly challenged with the consequences of
the June 2 override to come forward and give a good level of service to the citizens, scrutinize,
look at their budgets very carefully, get back to the Town Manager with a number that they feel
conservatively can do justice to the service we are after.
Selectmen's Meeting — June 18, 2003
George Burnell, Capital Expenditures, thought there was too much focus on what is happening
now. We should think about what is coming over the next few years.
Helen Cohen, School Committee, supports not rushing into a decision. Summit meetings work
well and we have to look at long -term effects.
Are we . going to have another vote?
Mr. Hamburger wanted to comment about not looking at our priorities. Back in the 90s the town
established work core values and they were education, public safety, open space, and
affordability. We are struggling with just those issues right now and we struggled with those
issues when we set the FY04 budget and we were assured that the cuts in public safety, although
they were larger than we would like them to be, would leave us with a public safety organization
that was intact.
Mr. Hamburger feels there are five items to worry about in dealing with the new override
request: let's make it legal — people don't like it when we get into a lot of legal troubles; it is
clear it should be less; there has to be a choice, but not unbundled; not short-term, there has to be
a stabilization fund; and it has to be affordable — have to educate public about what the
possibilities are and remind ourselves that affordability and taxes has to do with priorities. If we
cannot find a way to deal with at least two years ahead, then wait until 2005 for override.
Ms. Cohen, asked if the Appropriations Committee could present projections for 2005 and 2006
and information on the stabilization fund.
A Summit Meeting will be scheduled for June 25, 2003 at 7:30 p.m. in the High School
Commons II to discuss options for a possible override.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote, Mr. Kelley, Mrs. McKenna,
Mr. McSweeney, Mrs. Krieger and Mr. Kennedy, to go into executive session at 11:00 p.m. for
the purpose of litigation, with no intent to resume open session.
A true record, Attest:
Lynne A. Pease
Executive Clerk
Summit Meeting
June 25, 2003
A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held
on Wednesday, June 25, 2003 at 7:30 p.m. in the Lexington High School Commons II.
Chairman McSweeney, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy and Mr. Kelley; Mr. White,
Town Manager; and Ms. Pease, Executive Clerk were present.
The Chairs of the respective committees called their members to order.
Two young students from Diamond Junior High spoke about the process being unjustified
because students have no say. They sent around a petition to keep the academics that had been
cut and they have received 400+ signatures of students and teachers.
Selectmen Liaison Reports
Mrs. Krieger provided some news regarding Hanscom. The National Trust for Historic
Preservation has selected Hanscom as one of the 11 most endangered places. They are a
nationally recognized organization that has been successful in preserving areas they recognize as
endangered. That recognition will give leverage to the battle we are having with Massport in
terms of curbing expansion at Hanscom.
Federal Express has indicated their intention of operating out of Hanscom Field. At the July 15
HFAC meeting, Federal Express will present their proposed operations which will involve one
flight in and out in the evening and 14 truck trips. This has a very significant impact in terms of
traffic and noise at Hanscom. Encourage people to come to the HFAC meeting and express
concern. Also request that the Selectmen send letters to our state and federal representatives
expressing our concern about scheduling Federal Express flights at Hanscom.
Upon motion duly made and seconded, it was voted to send a letter signed by the Chairman of
the Board to the State and Federal Representatives regarding FedEx operating out of Hanscom.
Alan McClennan Retirement Proclamation
The Board is being asked to sign a proclamation for Alan McClennan offering gratitude and
appreciation on behalf of all citizens, and congratulating him for all the years of excellent service
and accomplishment and to wish him well in his retirement. Mr. McClennan worked for the
Town of Arlington for over 30 years and is personally responsible for the vision of the bike path.
Upon motion duly made and seconded, it was voted to sign the proclamation.
Town Counsel — Override
Mr. Gonzales wanted to clarify issues around using the tiered approach. He spoke with DOR
and was told such an approach would not be unlawful. The ballot would need to be clear to
voters that the questions are alternatives and that the highest amount approved will take effect.
Selectmen's Meeting — June 25, 2003
Revenue
Mr. Ryan discussed a possible $2 million deficit to the FY 03 budget. The house and senate
conference committees have tentatively come to a possible agreement in which the Town will
sustain a loss in state aid of $1.6 million. Having used $900,000 as an estimate, it would be an
additional gap of approximately $700,000. The snow and ice deficit is expected to be around
$750,000.
Fiscal 2003 local receipts was estimated to be $10.1 million. As of today, only $9.4 million has
been generated. Any unexpended balances that are left in any of the 2003 appropriations will be
considered revenue. Hopefully between collections from now to close of business on Monday
and any unexpended balances we will gradually approach the estimate of $10.1 million and only
have a deficit of between $250,000 and $500,000.
The impact that the local revenues could have on FY 2004 is that we estimated FY 2003 to be
$10.1 million. The policy has been to use local estimated receipts for the following year not to
exceed 96% of the prior year projection. FY 2004 would have to be limited to $9.7 million,
which is 96% of the $10.1. If we were to collect $300,000 between now and Monday, we would
have collected $9.7 million in FY 2003. The Department of Revenue will only allow for local
estimated receipt estimates to be 100 percent maximum of revenues collected the previous year.
The issue then becomes the number we would be using in FY 2004 would not be 96% of the
prior year's collection, it would be 100 percent of prior year collection and that becomes
problematic when you look at the apparent slows and the turn around in the economy. That is
not going to help out investment income.
In order to deal with the $2 million deficit in FY 04 there are a few options. Could seek
additional funding by reopening the FY 04 budget that was adopted and have Town Meeting
make some changes and seek a new revenue source by possibly increasing fees. There are also
issues pending in the state budget that have not been finalized that may offer the community a
couple of other options.
The Appropriations Committee does not think the Selectmen should rush to an override for the
following reasons: honor vote, learn from cuts, timing, planning, bad precedent, objectivity/
emotion, and communications.
Mr. Hamburger presented a chart showing the projection of FY 2005 and FY 2006 budgets from
FY 2004 and suggested possible solution contributors for FY 2004 and FY 2005.
Selectmen's Meeting — June 25, 2003
Special Town Meeting and Override
Mr. Beckwith, who sponsored the petition requesting a special town meeting, spoke representing
a group called Lexington Citizens for Public Safety. The group was formed a few weeks ago as
a result of the failure of the override and the resulting dramatic cuts that have occurred in the
public safety budget. The group has been gathering signatures on a petition to ask Selectmen to
schedule a special town meeting to assess the public safety budget. The petition asks for the
reinstatement of $1 million back into the public safety budget by either 1) cuts in current
programs 2) another override that is unbundled from other possible expenditures. The petition
also asks the Selectmen to make a pledge that if an override is needed, that the public safety
budget be unbundled and voted on separately by the voters of this town. We are pleased to say
that we have received over 1300 signatures from registered voters for this petition.
Mrs. McKenna asked whether the petition for public safety required the Selectmen to call a
special town meeting. Mr. Lahey responded that the petition does satisfy the requirements and a
special town meeting would need to be scheduled within 45 days. The petition cannot mandate
Selectmen to have an override.
Mrs. McKenna asked if the override we put out allowed us to adequately protect the community
given the failure. Do you as the Town Manager feel that you could service the community
appropriately with the level of police and fire that you have been left with?
Mr. White stated that the professional staff will respond to the best of its ability, and in most
cases will be able to provide services that are adequate, that are different from what existed prior
to the override but that it will have to rely on mutual aid as it has and that there will be a
quantifiable definable difference in service than was known to the community.
Ms. Hooper, Town Clerk, discussed options for Special Town Meeting and referendum. Petition
that was filed on June 23 with 200+ signatures requesting a special town meeting must be
scheduled before August 7.
Mr. Levison, member of the Transportation Advisory Committee, read a letter relevant to a
petition to include Lexpress in the warrant for the special town meeting. The letter requests the
Selectmen to support funding for the transportation services office and Lexpress.
Mr. McSweeney is considering an unbundled override, but has to think further about the possible
$2 million debt discussed earlier.
Mrs. Krieger believes there needs to be a special town meeting to open up the budget and
consider the items that were contingent upon the override. We need to come back with a
proposal with a balanced set of services. Also need to be clear on how to deal with this deficit,
whether it is by additional reductions or by requesting funding. Then it will be up to the
Selectmen as to how to present an override.
Selectmen's Meeting — June 25, 2003
Mr. Burnell, Capital Expenditures is not in favor of override. The timing is horrendous because
of current circumstances. Must look 3 or 4 years past and 2 years ahead. Should there be an
override, it should be bundled.
Mrs. McKenna needs to think and look through the information presented tonight. Would like to
see the Board on Monday night have some sample warrant articles that would address various
questions of the citizens. As a board we should address the question as to whether we want to
put the same question out before the Special Town Meeting. Then we need to address the issue
of a special town meeting.
Mr. Close asked for a 5- minute recess for the School Committee to caucus. During caucus,
School Committee voted 4 -1 in favor of no override. School Committee unanimously supports
the following position. If there is to be an override, it should be a bundled override that restores
some share of services across all municipal departments and the school department.
Mrs. Dooks, Appropriations wanted to hear what the positions of the Selectmen are regarding an
override.
Leo is in favor of smaller override.
Peter Kelley has a problem with the Public Safety piece. He was hopeful that we would act very
quickly.
Mr. Kennedy feels that we have to respond to the June 2 vote. My contacts with residents in the
past two weeks say we need to respond to some but not all of the police and fire services. I also
believe that the best chance is to have an unbundled override.
Mrs. Krieger believes the voters deserve a second chance. We have an obligation to go back to
them with another override. I will not support another override unless it is bundled with a
balanced set of services.
Mrs. McKenna is struggled with position. We have a problem with our Manager and the lack of
communication with the Board. I feel that supporting an override that does not address that
problem is very difficult. Unless we address the problem with our manager at this point I will
not support and override.
Mr. Hamburger suggests restructuring the budget with no override. Take another look at the
priorities. Listen to what we have heard. Ask questions of people. Then you can say there is this
unavoidable $2 million problem, you pass an override that addresses our most immediate
problem. Then in FY 2005 hopefully everything is back on track and responding to what people
think about public safety and maybe Lexpress. You have responded to what people felt was
necessary and then you can say now I really want you to reconsider putting back some of those
services in a way that we can live with them and keep having them for at least FY 05 and 06.
Selectmen's Meeting — June 25, 2003
Upon motion duly made and seconded, it was voted to adjourn at 10: 30 p.m.
A true record, Attest:
Lynne A. Pease
Executive Clerk
Selectmen's Meeting
June 30, 2003
A regular meeting of the Board of Selectmen was held on Monday June 30, 2003 in the
Selectmen's Meeting Room. 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.
Public Comment
Mr. Patrick Mehr, 31 Woodcliffe Road, stated that as the Federal Express Company is seeking to
establish a base of operations at Hanscom Field, he suggests that the Town administration and
public schools discontinue the use of their services and not allow FedEx to locate their drop
boxes on Lexington public streets.
uor License — Bertucci's
Bertucci's Restaurant Corporation is requesting a change in Officers and Directors for all their
locations. This has been reviewed and approved by the Alcoholic Beverage Control Commission.
Upon motion duly made and seconded, it was voted to approve the application and issue an all -
alcoholic beverage license to Bertucci's Restaurant Corporation d /b /a Bertucci's Brick Oven
Pizzeria.
Appointments/Reappointments
Mr. McSweeney read the list of appointments and reappointments to be made to Town
organizations.
Upon motion duly made and seconded, it was voted to:
• Issue a Battle Green Guide License to Max Rollinger;
• Reappoint the Design Advisory Committee: Sarah Harkness, Steven Hurley, Eva Kasell, Carl
Oldenberg, Richard Sperandio, and Olga Veronina); and Associates Bruce Creager, John
Frey, Richard Friedson, Walter Pierce and Terry Weschler, for terms to expire September 30,
2003;
• Reappoint Suzanne Barry, Sally Fisher, Sondra Lucente, and Robert Tracey to the Town
Celebrations Committee for a three -year term to expire June 30, 2006;
• Reappoint Paul Jenkins, Julie Miller and William Mix to the Town Celebrations
Subcommittee for a one -year term to expire June 30, 2004;
• Appoint Karen Jean Smith to the Town Celebrations Subcommittee for a one -year term to
expire June 30, 3004;
• Appoint Sandra Podgorski to the Town Celebrations Committee for a three -year term to
expire June 30, 2006; and,
• Appoint Joseph M. Welch to the Historic Districts Commission as an Associate Member,
representing the library, for a term to expire December 31, 2008.
Selectmen's Meeting — June 30, 2003
Battle Green Request — Commissioning Ceremony
Ileen Verble has requested permission to use the Battle Green for a Ceremony of Commissioning
into the U.S. Air Force.
Upon motion duly made and seconded, it was voted to approve the request of Ileen Verble to use
the Battle Green on July 26, 3003 at 11:00 a.m. for a Ceremony of Commissioning into the U.S.
Air Force, with the condition that no vehicles be allowed on the Green.
Common Victualler's License — Copacafe
Copacafe has applied for a Common Victualler's License and for permission to place seven
additional tables, each with four seats, along the sidewalk in front of the restaurant. Mr. Howell,
the owner was present, as was Mr. Hadley, Public Works Director, to answer questions about the
appropriateness of, and practical issues related to, these tables. Mr. Hadley recommended that
only two seats per table be permitted.
Mrs. McKenna asked that the restaurant management be cognizant of the need for the pedestrian
way to be kept unobstructed. In response to Mr. Kelley's question about indoor versus outdoor
seating, Mr. Howell noted that 14 seats have been removed from inside the restaurant already, as
required when outdoor seating is permitted.
Upon motion duly made and seconded, it was voted to approve the application and issue a
Common Victualler's License to Copacafe, and to permit seven sidewalk tables, each with two
chairs, to be put out no earlier than 11:00 a.m. and no later than 11:00 p.m. The tables and chairs
must be stored properly at night.
Mrs. McKenna also suggested that the Planning Board consider amending the Zoning Bylaw
relative to the ratio of seats to parking for restaurants, as it can be so problematic.
Traffic Safety Advisory Committee — Mr. Carbonneau
Speed Hump Policy Mr. Carbonneau asked if the Selectmen had any questions on the Traffic
Safety Advisory Committee's report on speed humps that had been provided to them in their
packets for this meeting. It explained the impetus for the Middleby Road pilot project, which
tested the traffic calming effectiveness of speed humps and their reception by drivers. It reported
on the public hearing that was held to solicit input on its installation from the public. It also
reported on effectiveness, cost, potential installation programs and areas where residents have
requested installation of speed humps, etc.
Board questions and comments had to do with prioritizing the streets needing traffic calming, if
some neighborhoods have been particularly active in seeking traffic calming aids, and providing
more opportunities for public input. Mr. Carbonneau noted that people call and speak in favor of
speed humps. No one has called to complain about them.
Selectmen's Meeting — June 30, 2003
Mr. Carbonneau said that sufficient sight distances for drivers are regarded as a more pressing
safety issue, whereas accidents on the streets where residents requested speed controls represent
one -half of one percent of traffic accidents in Lexington.
Mr. Jerry Van Hook, of the Bicycle Advisory Committee, said that his group sees the speed
hump pilot project as an important test. The intersection of the bike path with Meriam Street is
particularly dangerous for users of the bike path and something needs to be done to improve
safety there.
Turn Signal/Delayed Green - Waltham Street at Concord Avenue Mr. Carbonneau explained the
safety concerns at the intersection of Waltham and Concord Avenue. The Traffic Safety
Advisory Committee recommends that a protected left turn be provided for the southbound left
from Waltham Street onto Concord Avenue. The controller mechanism should be evaluated to
determine whether to determine if a new phase could be added to the existing one, or a new
controller could be needed. Mr. Carbonneau has been communicating with MassHighway on
this.
The Selectmen encouraged the Traffic Safety Advisory Committee to proceed along those lines.
Stop Sign at Corner of Asbury and Balfour Street The Selectmen concurred with Traffic Safety
Advisory Committee that no stop sign is necessary at this intersection.
Traffic Signal at Mass. Ave. and Maple Street Mr. Carbonneau reported that traffic counts and
analysis performed at this intersection by the CTPO staff of the Boston MPO confirmed that this
intersection warrants a traffic signal. Many residents at the Traffic Safety Advisory Committee
meeting confirmed the dangerous conditions, and some reiterated their views tonight.
Though Massachusetts Avenue is State Route 2A, this intersection is in the Town's jurisdiction.
The Board approved the Traffic Safety Advisory Committee's recommendation to give serious
consideration to installing a traffic signal on Maple Street at Mass. Avenue and authorized Mr.
Carbonneau to get estimates for the costs of preliminary design and constructing such controls
there.
In a discussion about the intersection of Route 128 and Bedford Street, the Board asked Mr.
Carbonneau to investigate the possibility that MassHighway has changed its position that traffic
onto and out of Eldred Street from Bedford Street must be restricted during peak travel times
before MassHighway would consider making funds available for improvements to the Route
128 - Bedford Street interchange.
Special Town Meeting
Mr. McSweeney said that as a result of the budget override's defeat on June 2 the Selectmen
received three citizen petitions requesting a special town meeting and certain warrant articles
Selectmen's Meeting — June 30, 2003
within that town meeting to develop a budget scenario satisfactory to everyone. Mr. Lahey read a
draft warrant. Article 5 has to do with restoring funds cut from public safety budget; Article 4,
seeks funds for the continuation of town public transportation services; Article 3 has to do with
adjusting the operating budget. These are citizens articles and are required to be on the warrant.
Their wording is legally problematic. The Selectmen are inserting Article 2, which is a more
general article allowing revisions to the operating budget or reconsideration of capital budgeting,
which the other articles do not do. It is not a required article but it would allow motions that deal
with issues under Articles 3, 4 and 5. Article 1 would be the usual article under which reports
may be made.
Mrs. McKenna requested that descriptions of the articles be included in the warrant as the
articles are confusing as written and the public will need more clarity. It was agreed to add
descriptions. Mr. Lahey said that the Board could vote and sign the warrant tonight, and add
descriptions later.
The Selectmen suggested that the town meeting be held on Wednesday, July 1. Mr. Silverman,
Town Meeting Member, Precinct 5, noted that it might take more than one night and suggested
holding it on Monday, July 28, with the 30 as the second night, if necessary.
Mrs. McKenna asked if there is a legal obligation to have a balanced budget on July 1. The
answer was affirmative. The Board agreed to meet again on Monday, July 7, when more
information will be known from the School Committee. They also postponed their goal setting
session until after the special town meeting.
There were numerous questions from the audience about time frames, possible town meeting
scenarios and a possible new override election.
Mrs. McKenna asked Mrs. Dratch of the Transportation Advisory Committee, for more financial
information about LEXPRESS, including ways that operations could be changed to reduce
operating costs.
Mr. Rick Buzzango, President of M & L Transportation, informed the Board that the Lexpress
buses couldn't be parked for two months while the budget is worked out. If Lexington decides to
fund the service they might not be available at all, or available for the same price. He said that
he has been proud to be the contractor for Lexpress. The service was very much admired by area
transportation groups and it is a great shame to lose it.
Reappointment of Executive Clerk/Appointment of Recording Secretary
The Board discussed Lynne Pease's job description. Mrs. McKenna and Mr. Kelley still prefer
to have a fulltime executive clerk who attends the Selectmen's meetings. They feel there are
enough funds to pay for part time help for Mrs. Pease, who has constant demands on her in the
Selectmen's office. Mr. McSweeney, Mrs. Krieger and Mr. Kennedy expressed support for
continuing with an executive clerk and a recording secretary to cover the meetings.
Selectmen's Meeting — June 30, 2003
Upon motion duly made and seconded, it was voted to reappoint Lynne Pease as Executive Clerk
to the Board of Selectmen until June 30, 2004.
Mrs. Krieger's motion to appoint Ms. Tap as recording secretary until June 30, 2004, at $30.93
per hour was not seconded.
Upon motion duly made and seconded, it was voted 3 -2 (Kelley, McSweeney) to appoint Elissa
Tap as Recording Secretary, at $30.93 per hour, until August 31, 2003, at which time they will
reexamine how having a recording secretary is working and the possibility of paying someone to
help Lynne in the office.
Limousine License — Back Bay Sedan/Fusco Transportation
Upon motion duly made and seconded, it was voted to approve the application and issue a
Limousine License to Peter M. Fusco.
Minutes
The Board reviewed and corrected the minutes of the meetings of April 28 and 30 and May 5,
2003. May 19 will be reviewed at a later meeting.
Upon motion duly made and seconded, it was voted to approve the minutes of April 28 and 30,
2003 and May 5, 2003, as amended.
Executive Session Minutes
Mrs. Krieger would like to make a change to the minutes of the December 17, 2002 executive
session and vote on them at a later time.
Upon motion duly made and seconded, it was voted to approve the minutes of the executive
sessions of November 18, 2002, January 6, 2003 and January 27, 2003. Mr. Kelley abstained, as
he was not on the Board at the time.
Liaison Reports
Mrs. McKenna reported that the committee created to handle Liberty Ride finances met and has
set up two separate accounts: one to receive gifts and one to track all of the general fund
revenues and expenses. Liberty Ride's expenses will be run through the Town's accounts so
there will be an easy, accurate record. At the end of each fiscal year, the Board would have to
vote to take whatever money is needed from the Selectmen's Gift Account to zero out the
balance of the Liberty Ride account.
She said that Mr. Ryan, Comptroller, informed her that a transfer of $1,768.73 is required to
cover the first two weeks of Liberty Ride's operations.
Selectmen's Meeting — June 30, 2003
Upon motion duly made and seconded, it was voted to approve the transfer of $1,768.73 from
the Board of Selectmen's Gift Account for the Liberty Ride to cover costs incurred by Liberty
Ride in Fiscal 2003.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mr. Kelley, Mr. Kennedy,
Mrs. Krieger, Mrs. McKenna, and Mr. McSweeney, to go into executive session for a litigation
matter with no intent to return to open session.
A true record, Attest:
Elissa M. Tap