HomeMy WebLinkAbout2003-10-BOS-minSelectmen's Meeting
October 6, 2003
A regular meeting of the Board of Selectmen was held on Monday October 6, 2003 in the
Selectmen's Meeting Room at 7:30 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna,
Mr. Kennedy, Mr. Kelley, Mr. White, Town Manager, and Ms. Tap, Recording Secretary, were
present.
Mrs. McKenna asked the Board to consider adjourning the meeting tonight and reconvening it at
8:00 p.m. on Tuesday night, October 7. She would like to be home to watch the Red Sox game
with her son.
Ms. Hooper, Town Clerk, said that as that would not be considered an emergency, for the
purposes of the open meeting law, posting the meeting at least 48 hours in advance would be
required. The Board decided to go ahead with time sensitive agenda items and to postpone others
in the interests of a shorter meeting.
Water and Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted to approve the following commitments and
adjustments of water and sewer charges:
Commitment of water charges for 6/1/03 to 6/30/03 (Finals)
Commitment of sewer charges for 6/1/03 to 6/30/03 (Finals)
Commitment of water charges for 7/1/03 to 7/31/03 (Finals)
Commitment of sewer charges for 7/1/03 to 7/31/03 (Finals)
Commitment of water charges for 8/1/03 to 8/31/03 (Finals)
Commitment of sewer charges for 8/1/03 to 8/31/03 (Finals)
Commitment of water charges for 6/30/03 (Cycle 9)
Commitment of water charges for 7/31/03 (Cycle 9)
Commitment of water charges for 8/31/03 (Cycle 9)
Adjustments of water charges for 6/1/03 to 6/30/03
Adjustments of sewer charges for 6/1/03 to 6/30/03
Adjustments of water charges for 7/1/03 to 7/31/03
Adjustments of sewer charges for 7/1/03 to 7/31/03
Adjustments of water charges for 8/1/03 to 8/31/03
Adjustments of sewer charges for 8/1/03 to 8/31/03
Liquor License Change of Manager — Sheraton Lexington
$3,474.55
$4,403.09
$396.90
$4,590.81
$9,240.79
$3,732.00
$450,684.90
$168,975.53
$135,736.89
- $3,454.18
- $10,952.64
- $32,885.70
- $24,937.77
- $8,945.46
- $22,139.04
Upon motion duly made and seconded, it was voted to approve the application and issue an all -
alcoholic beverage license to Western Host, Inc., d /b /a Sheraton Lexington reflecting a change of
manager. Mr. William Bunce is the new manager.
Selectmen's Meeting — October 6, 2003
Early Retirement Incentive/Pension Holiday
Mr. Ryan summarized briefly the material that he had provided to the Board since the summer
relative to the financial effects of various scenarios if the Board votes to accept the early
retirement incentive and take advantage of the pension holiday. The Board must act by
November 1, 2003 on the early retirement incentive. In answer to Mrs. McKenna's question
about designating eligibility for early retirement by department, Mr. Ryan said that Town
Counsel informed him that Town Meeting would have to ratify such a choice.
Without Town Meeting approval, the Selectmen could accept the incentive for unlimited
employees, or limit by group (1,2, 3 or 4) or set a finite number of employees, who would be
ranked by amount of creditable service in the retirement system.
Mrs. McKenna, referring to the alternative - funding schedule provided by Buck Consultants,
asked if the amortization assumes adding more money to fund the health insurance liability in the
future. Mr. Ryan answered in the affirmative and said that it is not clear how much money that
will be, but it would be a significant amount.
The number of replacements hired for positions vacated by retirees would affect the savings of
the program. Mr. Kelley asked about funding the future health care liability. Mr. Ryan said those
calculations have not been undertaken yet.
In response to Mrs. Krieger's question, Mr. White said that health insurance cost for those who
choose to retire was built into the budget.
Special Town Meeting - Set Date
Mr. White informed the Board that an appropriated budget finalized by late November would
allow us to have a tax classification hearing on Monday, December 1, 2003 and allow us to print
and mail the third quarter tax bills prior to the first of the year, which is important to a significant
number of people in the community. And because of the Thanksgiving holiday later in the
month, a Town Meeting on November 17 would work best. He said the Board could choose to
open and close the warrant tonight or leave it open until October 14. The Planning Board would
like at least one of the rezoning petitions that are anticipated to be filed, brought to the November
Special Town Meeting, so there are not so many in the spring. Rezonings require a great deal of
work by Planning Board and staff.
Mrs. McKenna spoke in favor of opening and closing the warrant tonight, stating that the annual
town meeting allows more time for information to be brought forward and considered and is the
proper venue for rezoning of land and other matters. Mrs. Krieger recommended extending the
warrant closing to October 14 as a courtesy to the Planning Board and other boards and
committees.
Selectmen's Meeting — October 6, 2003
Mrs. McKenna moved that the Warrant for the Special Town Meeting on November 17, 2003 be
opened and closed tonight, and limited only to items that will address the budget deficit. Mr.
Kelley seconded the motion. The motion was defeated by a vote of 2 -3 (McSweeney, Krieger,
Kelley).
Upon motion duly made and seconded, it was voted 3 -2 (McKenna, Kennedy) to close the
warrant for the Special Town Meeting on Tuesday, October 14, 2003.
Mrs. McKenna suggested that the Board be prepared to vote on its policy positions at their
meeting on October 20, and inform the Appropriations and School committees that it intends to
do so, prior to the Summit meeting. The Board agreed.
Composting Operations — Days and Hours Open
Mr. Hadley, DPW Director, responding to suggestions made at the Selectmen's goal- setting
session on October 24, and based on a survey of use over the past couple of weekends at the
compost facility, recommended that the schedule of operation for the facility be set for 8:00 a.m.
to 4:00 p.m. on Saturdays and Sundays through mid - December.
In response to Mr. Kelley's question, Mr. Hadley said that the $3,120 cost of the extra 12 hours
of operation reflects time and a half pay (overtime) for the personnel. Straight -time pay for
weekend hours worked would have to be negotiated with the union.
Mrs. McKenna asked if more revenue could be generated if the facility were open for more days
per week. Mr. Hadley said that the additional hours on the weekend might generate income
enough, through selling compost, to cover the cost. He is looking into the revenue possibilities.
Regarding publicizing the added hours, Mr. Hadley said he would use the Lexington Minuteman,
Boston Globe's Northwest section and the local cable television station. Mr. Kelley suggested
using the warrant mailing for the November 17 Special Town Meeting. Mr. White agreed to try
to put the information on the mailing.
Mrs. Krieger stated that she is against restoring services selectively.
Upon motion duly made and seconded, it was voted 4 -1 (Krieger) to approve the following hours
and days of operation for the Town composting facility on Hartwell Avenue: 8:00 a.m. to 4:00
p.m. on Saturday and Sunday through mid - December.
Committee Charges
Mr. McSweeney said that in light of the defeat of the June 2 override, and in an effort to involve
as many residents as possible in town affairs, some new committees would be formed, though
perhaps not permanently, e.g., an Energy Conservation Committee, a DPW /Senior Center
Selectmen's Meeting — October 6, 2003
Committee, a Building Finance Committee, and a Public Safety Advisory Staffing Committee.
He urged the Board to seek out ways to create opportunities for citizens with expertise to
participate and help prepare for the 2004 Annual Town Meeting. At the next meeting, on
October 20, charges for these committees and potential members will be discussed.
Goal Setting Follow -up
Mrs. McKenna asked the Board to look over the list of goals /action items she prepared for
discussion subsequent to Goal Setting, including suggested goals for the Town Manager, against
which to measure his performance.
Minutes
It was agreed to postpone voting on the minutes until the October 20 meeting.
Liaison Reports
Mrs. Krieger asked the Board to authorize the chairman to sign a letter written on behalf of the
Selectmen and our legislators to Pozen, Chief of Commerce and Labor, expressing our support of
Hanscom Air Base as the military goes through its Base Realignment and Closure (BRAC)
process.
Upon motion duly made and seconded, it was voted to authorize Mr. McSweeney to sign the
letter.
Upon motion duly made and seconded, it was voted to adjourn the meeting at 8:25 p.m.
A true record, Attest:
Elissa M. Tap
Recording Secretary
Selectmen's Meeting
October 20, 2003
A regular meeting of the Board of Selectmen was held on Monday, October 20, 2003 in the
Selectmen's Meeting Room at 7:30 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.
Special Town Meeting = Sign Warrant
Mr. McSweeney read the five articles on the proposed Warrant for the November 17 Special
Town Meeting: Article 1, Reports of Town Boards Officers and Committees; Article 2,
Operating and Capital Budget; Article 3, Zoning By -Law, Rangeway Road, RO to RD, Planned
Residential Development; Article 4, Zoning By -Law, Rezone CD -6 to CRO 12 -18 Hartwell
Avenue; Article 5, Safe Havens. More information on articles 1, 3, 4, and 5 will be provided
next week.
Article 2, Operating and Capital Budget: Mr. McSweeney presented a list of suggested inventory
of offset items with which to make up the projected FY04 budget deficit of $1,723,797. He asked
the Board to consider it as a starting point for developing an implementation strategy for
upcoming discussions with the School and Appropriations Committees at the summit meeting on
October 23. Mr. McSweeney indicated that the school committee does not want to cut staff or
services as the school year is already underway.
Mrs. Krieger and Mr. Kennedy indicated their support for Mr. McSweeney's proposal.
Mr. Kelley spoke against taking the "pension holiday" as he felt it would add to the Retirement
Board's burden in uncertain times. He would rather cut expenditures.
Mrs. Brown, Appropriations Committee, explained that taking the pension holiday would be
helpful in terms of cash flow. The committee hopes to provide more details at the summit about
the ways it could be used.
Mr. McSweeney indicated that the Board would take the figures talked about tonight to the
summit, along with the comments of Mr. Ryan and Mr. Torode.
Mrs. McKenna objected to this. She had thought that they would vote on each line item. There
are some she disagrees with and she has proposed other potential cuts for the Board to consider.
Mrs. McKenna stated her objection to including Article 3, the rezoning on Rangeway Road, on
the warrant. People do not expect this kind of an article at a Special Town Meeting. She said this
is not an emergency situation and she has strong concern that there is not enough time for proper
consideration.
Selectmen's Meeting — October 20, 2004
Mrs. Krieger commented that LeXHAB came before the Board months ago with this proposal
and has met with the abutters to the affected lot on Rangeway Road. She supports including it on
the warrant.
Mr. McSweeney agreed that there is enough time to give it full consideration.
Mr. Kelley asked Mr. Garber if asking to change such a small parcel is proper for the RD
rezoning process. Mr. Garber indicated that it is within the parameters for a rezoning and the
Planning Board is obligated to hold a public hearing and planning staff to prepare a detailed
analysis, the same as it would for the Annual Town Meeting. Mr. Kelley indicated that he will
vote against putting the article on the warrant as it puts too much of a burden on the planning
staff to do all the required work in a short period of time.
Mr. McSweeney said that there will be several large rezoning petitions in the spring and getting
this one out of the way would help the planning board and staff
Upon motion duly made and seconded, it was voted 3 -2 (McKenna, Kelley) to include all five
articles on the warrant.
Upon motion duly made and seconded, it was voted 4 -1 (McKenna) to sign the warrant.
Early Retirement
Mr. Ryan briefly summarized the options the Selectmen have in terms of accepting the Early
Retirement Incentive. The deadline for accepting it is November 1, 2003.
Upon motion duly made and seconded, it was voted 3 -2 (Kelley, Krieger) to accept the Early
Retirement Incentive of the Municipal Relief Act, with the following conditions:
• Add five years of service or five years of age to the retirement formula for each
employee.
• Benefit will be limited to thirty (30) employees, in all departments, in order by years of
creditable service.
• The official retirement date for all thirty will be December 30, 2003.
• The deadline for employees to notify the retirement office of their intentions is by
November 12, 2003.
Committee Charges
In introduction, Mr. McSweeney announced that members for the following new committees are
being actively sought. He urged the entire community to come forward and get involved in local
government by serving on committees.
Selectmen's Meeting — October 20, 2003
DPW /Senior Center Committee
Mrs. McKenna expressed her concern about the continuing link between the Senior Center citing
issue and the DPW facility as there is not universal support for the relocation of the Senior
Center at the DPW operations facility at 201 Bedford Street nor for this disposition of the
facility.
Mr. Lapointe said that both sets of needs, seniors and the department of public works, should be
explored. Better definitions of what we are trying to accomplish in the long run, what are the
appropriate programs, should be defined. He indicated that the COA is doing a survey that
should provide some data on seniors needs. He said he would come back with a new charge at a
later date, rather than trying to revise the charge before them tonight, which was written some
time ago. November 3 was the agreed upon date to re- consider the charge.
Building Finance Advisory Committee
Upon motion duly made and seconded, it was voted to approve the draft charge of the Building
Finance Advisory Committee, as amended. Mr. Kelley will serve as the Selectmen's liaison.
Public Safety Staffing Review Committee
Upon motion duly made and seconded, it was voted to approve the draft charge of the Public
Safety Staffing Review Committee.
Energy Conservation Committee
Upon motion duly made and seconded, it was voted to approve the draft charge of the Energy
Conservation Committee, as amended.
Ad Hoc Water and Sewer Rate Study Committee
Upon motion duly made and seconded, it was voted to approve the draft charge of the Ad Hoc
Water and Sewer Rate Study Committee, as amended.
Transportation Advisory Committee (TAC) — Lexpress Update
TAC member Sara Arnold reported that Lexpress is operating on a limited schedule and is on
track to receive the $80,000 grant from the MBTA. It was feared that the grant would be lost
after the override failed in June. The current Lexpress budget projections show a balance of over
$10,000. And ridership is almost to the level cited as the industry standard for a successful
system. The Committee is thus recommending that 2.5 hours of daily service be added to the
current schedule.
Mrs. Arnold outlined plans for staffing the operation, but noted that gaps in staffing coverage are
cause for concern. Annual pass revenue, as well as donations received, exceeded their
projections but daily farebox revenue has been slightly below projections. They hope the
Selectmen will consider approving a fare increase in the future and allocate some parking meter
money to the Lexpress budget, as it has in the past. Tonight they would like the Board's approval
to add the 2.5 hours of service.
Selectmen's Meeting — October 20, 2003
Upon motion duly made and seconded, it was voted to approve the additional hours of Lexpress
service.
Lexington Transportation Element — Planning Director
Glenn Garber, Planning Director, gave an overview of the Planning Board's recently published
Transportation Element of the Comprehensive Plan for Lexington. The Plan's emphasis is on
preserving and enhancing quality of life. It is organized around well - defined community goals
and includes a detailed and innovative implementation program. His PowerPoint presentation
highlighted the Plan.
The Selectmen thanked him for the presentation. Mrs. McKenna urged him to involve the
Tourism Committee in future planning discussions relative to gateways into Lexington and the
like, since they are currently developing an overall signage strategy.
Goal Setting Follow -up
The Board briefly looked at two draft lists, one with 19 action items assembled by Mrs.
McKenna and Mrs. Pease after the October goal- setting meeting. The other was Mrs. Krieger's
list of suggested Town Manager Goals for 2003 -2004. The other members agreed to provide
their lists for discussion at the next meeting.
Resignations, Appointments and Reappointments
Upon motion duly made and seconded, it was voted to accept the following resignations,
effective immediately:
Ellie Epp from the 2020 Vision Implementation Committee
Diane Pursley from the Communications Advisory Committee
Jean - Claude Massad from the Lexington Center Committee
Ben Turk from the Transportation Advisory Committee
Upon motion duly made and seconded, it was voted to change the name of the 20/20 Vision
Implementation Committee to 2020 Vision Committee
Upon motion duly made and seconded, it was voted to make the following appointments and
reappointments:
Communications Advisory Committee
Appoint Jeanne Canale for a term to expire September 30, 2004, to fill an unexpired.
Condo Conversion Board
Reappoint Marshall Derby for a three -year term to expire September 30, 2006.
Reappoint Marjorie Weerts for a three -year term to expire September 30, 2006.
Selectmen's Meeting — October 20, 2003
Fair Housing and Human Relations Committee
Reappoint Harriet J Cohen for a two -year term to expire September 30, 2005.
Reappoint Jean Y. Hibino for a two -year term to expire September 30, 2005.
Reappoint Chang -Sheng Ting for a two -year term to expire September 30, 2005.
Lexington Center Committee
Reappoint Beverly Kelley for a three -year term to expire September 30, 2006 (Mr. Kelley
abstained from voting on this appointment)
Lexington Council for the Arts
Appoint Eveline Weyl for a term to expire September 30, 2004, to fill unexpired term.
Tourism Committee
Reappoint George Comtois to a one -year term to expire September 30, 2004.
Reappoint William Mix to a one -year term to expire September 30, 2004.
Town Report Committee
Reappoint John Ayvazian for a one -year term to expire September 30, 2004.
Transportation Advisory Committee
Appoint Francine Stieglitz for a term to expire September 30, 2005, to fill the unexpired term.
Battle Green Request — Lexington Preschool PTA Annual Halloween Parade
Upon motion duly made and seconded, it was voted to approve the request of the Lexington
Preschool PTA to use the Battle Green on Sunday, October 25, 2003 (rain date Sunday, October
26) from 8:45 a.m. to 11:00 a.m. for the Annual Halloween Parade.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of March 3 and 10,
May 19, and June 25, 2003.
Upon motion duly made and seconded, it was voted to approve the minutes of August 25 and
September 8, 2003, as amended.
Upon motion duly made and seconded, it was voted to approve the minutes of September 24,
2003.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
September 8 and 29, 2003.
Selectmen's Meeting — October 20, 2004
Liaison Reports
Commission on Disabilities: Mr. Kennedy reported that Commission on Disabilities is seeking
the Selectmen's support as they draft a letter to all appropriate committees to consider the needs
of those with disabilities in their decisions.
He would also like to add to the Selectmen's goals that of restoring some funds in the 2005
budget for the provision of mental health services. The Commission is working to define
recommendations for amounts for most critical needs, which they will send as soon as possible.
It believes the schools need to be included in their process.
2020 Vision Committee: Mrs. Krieger reported that on October 29, the 2020 Vision Committee,
in conjunction with Town Meeting, is beginning a series of precinct meetings with the purpose of
bringing in broad neighborhood representation to look at the priorities that were established in
1999 -2001 and begin to prioritize them. The result of these precinct meetings would be brought
back to the Selectmen in December in a joint meeting with the School Committee and the
Planning Board. Saturday, December 6 was set as the tentative date, pending the availability of
the other groups.
Lexington Center Committee: Mrs. McKenna reported that the Center Committee would like
to come to the Board's meeting on November 3 to bring forward its concerns about the
cleanliness of the center and the effect of budget cuts on the center. The Board agreed.
Halloween Parade: Mrs. McKenna reported that the center businesses would be participating
again in the Halloween open house and parade on October 31. She noted that special thanks go to
School Superintendent Benton for coordinating an early school release day for professional
development on October 31 so students could participate in this community celebration. Over
2000 people took part last year in this event.
Upon motion duly made and seconded, it was voted to adjourn the meeting at 10:30 p.m.
A true record, Attest:
Elissa M. Tap
Recording Secretary
Summit Meeting Minutes
October 23, 2003
A summit meeting was held on Thursday October 23, 2003 in the Commons II cafeteria,
Lexington High School, at 6:30 p.m.
PRESENT: Chairman McSweeney, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy, Mr. Kelley, Mr.
White, Town Manager, Mrs. Vine, Assistant Town Manager, and Ms. Tap, Recording Secretary.
FY04 Budget Deficit
The Selectmen, the Appropriations Committee, the Capital Expenditures Committee and the
School Committee put forward options for balancing the FY04 budget needs at this time and the
impacts on services of various scenarios, as well as implications for FY05.
Mrs. Benton, when asked about the implications for the schools of the recent announcement
about severe reduction in state reimbursements to schools, said that the school department was
prepared for this. They factored in a reduced amount so were not shocked by the announcement.
The uncertainty of the effects of the Early Retirement Incentive was noted along with the use of
the Pension Holiday to cover the budget gap. It was recognized that the way the Town operates
would have to change.
Upon motion duly made and seconded, it was voted to adjourn the meeting at 7:35 p.m.
A true record, Attest:
Elissa M. Tap
Recording Secretary
Selectmen's Chairman Breakfast
October 29, 2003
A Chairmen's breakfast meeting of the Board of Selectmen was held on Wednesday, October 29,
2003 in the Selectmen's Meeting Room at 7:30 a.m. Chairman McSweeney, Mrs. Krieger, Mrs.
McKenna, Mr. Kennedy, Mr. Kelley; Mr. White, Town Manager; Mr. Lahey, Town Counsel and
Ms. Pease, Executive Clerk, were present.
Mr. McSweeney welcomed the group and thanked all the committees for all the good work they
all do to help the Town. The Selectmen are looking for more citizens to get involved. There are
five new committees: Building Finance Committee, DPW /Senior Center Committee, Public
Safety Staffing Review Committee, Energy Committee, and Water /Sewer Rate Policy
Committee. It would be great to see some new faces come forward to volunteer.
Mr. White discussed how difficult the budget process will be over the next few years.
Mr. McSweeney asked everyone in the group to comment on the activities of their respective
committee.
The following Chairmen or representatives were present: Jeanne Krieger 20/20 Vision
Committee and Met State, Paul Hamburger Appropriation Committee, Judith Uhrig Board of
Appeals, James Fearnside Board of Health, George Burnell and Narian Bhatia Capital
Expenditures Committee, Nancy Shepard Cary Lecture Committee, Victoria Buckley,
Commission on Disability, Jane Gharibian Communications Advisory Committee, Joyce Miller
Conservation Commission, Margaret Cole Fair Housing & Human Relations Committee,
William Simmons Fence Viewers, Jacquelyn Ward Gamel Legacy Trust, Joann Gschwendtner
Historic Districts Commission, David Kelland Historical Commission, Robert Dentler, Human
Services Committee, Marshall Derby LexHAB, Stewart Kennedy Lexington Bicycle Advisory
Committee, Sheila Watson Lexington Center Committee, Joan Reddy Lexington Council for the
Arts, Nicholas Santosuosso Lexington Housing Authority, Philip Poinelli Permanent Building
Committee, Tom Harden Planning Board, Sandra Shaw Recreation Committee, Diane Carr Solid
Waste Action Team, Kerry Brandin Tourism Committee and Town Report Committee, William
Lahey Town Counsel, Rick White Town Manager, Hank Manz Town Meeting Members
Association, Marge Battin Town Moderator, Eric Zanin Traffic Safety Advisory Committee,
Diane Pursley Transportation Advisory Committee, Karen Longeteig Tree Committee and Alan
Fields Trustees of Public Trusts. Everyone felt it was a very good get together and expressed a
desire to hold breakfast meetings twice a year.
The breakfast meeting adjourned at 9:20 a.m.
Lynne A. Pease
Executive Clerk