HomeMy WebLinkAbout2002-04-BOS-minSelectmen's Meeting Minutes
April 1, 2002
A regular meeting of the Board of Selectmen was held on Monday, April 1, 2002 in the Library
at the National Heritage Museum at 7:00 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr.
McSweeney, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms.
Smith, Executive Clerk were present.
Center Traffic Signals
Town Engineer Peter Chalpin reviewed the bids for the Center Light Project. The bids exceeded
anticipated amounts. The low bid was $119,000 and when added to contingency costs, design
administration and police detail the project is anticipated to cost $180,000 rather than the
$150,000 we had originally projected.
Mrs. McKenna asked about the construction schedule. We would not want to see a good portion
of the center disrupted during the holiday season. Mr. Chalpin replied he had talked to the low
bidder and his scheduled plan is to come in as soon as possible and do the underground conduit
work. The existing signals will be in place and functioning. They will stop work the 15 of
November and start again the first of January.
Upon motion duly made and seconded, it was voted to increase the amount under Article 8c by
$30,000 and increase the borrowing by $30,000 to $685,000.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
February 25, 2002 as amended.
Special Town Meeting
Mr. White said with the court decision on the PAYT Program, it is clear the Town has to address
the issue of the bylaw or identify budget reductions to make up and offset the costs savings
associated with the PAYT program. Short by $66,736, the numbers are close enough for 2002
because of the nature of the decision. That is not the case for 2003. We have talked to five other
towns that eliminated a PAYT program. It is not unreasonable to expect for us to lose the
reduction in volume. With weekly recycling the deficit is $430,000 and without weekly
recycling it is $357,000. The Board has two options. It can cut budgets and balance the budget
and present it to Town Meeting at $430,000 lower or cure the crux of the legal issue by removing
the word free.
Board members discussed the consequences of the court decision on the PAYT Program, the loss
of $430,000 and the solid waste coordinator position and the $750,000 of tax relief coming out of
the revenues of the program.
Selectmen's Meeting — April 1, 2002
Mrs. McKenna read a draft letter she had prepared to inform citizens of the court decision and
asking them to hold on to their tags and barrel stickers and that they can put their trash out
without the tags. Mrs. McKenna suggested getting the word out by as many means as possible.
All Board members agreed that a post card should go out as soon as possible.
Mr. Enrich suggested that when the Special Town Meeting concludes this evening rather than
take up Article 4 the regular meeting should be adjourned to the 8 th and then proceed with the
non financial articles or postpone Article 4 to a time certain and schedule a summit meeting
Wednesday evening to discuss the budget cuts.
AT &T Grant of Location — East Emerson Road
The hearing was continued to the meeting on April 22, 2002 at 7:30 p.m.
AT &T Grant of Location — Bedford Street at Harrington Road
AT &T Broadband representative Neil Carroll reviewed a petition for a grant of location for
permission to relocate existing conduit from Bedford Street pole #6/6 to a manhole in the
adjacent sidewalk. The work must be done in order to remove the utility pole. In addition
AT &T must locate and replace at grade level an existing underground vault that was covered
over during construction on Harrington Road. It is being done at the request of the Town. We
were told to bring it to grade. We will sod and reseed the area.
Upon motion duly made and seconded, it was voted to approve the petition of AT &T Broadband
to install and maintain underground conduit with the wires and cables to be placed therein, under
the surface of Bedford Street at Harrington Road.
AT &T needs to install approximately 5'3" of conduit from pole #6/6 on Bedford Street to a
manhole located in the adjacent sidewalk. Additionally, AT &T must locate an existing vault and
install a new one to 2" below grade level with cover not showing above the surface.
Mrs. Krieger announced that they would adjourn the meeting until after the Special Town
Meeting this evening and continue the open session and also go into executive session.
The meeting adjourned until after the Special Town Meeting.
It was decided that staff would come up with dates between May 20 and June 24, one to be a
morning at the COA for meetings to receive input from citizens on PAYT.
Selectmen's Meeting — April 1, 2002
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mr. McSweeney, Mr.
Enrich, Mrs. Krieger, Mrs. McKenna and Mr. Kennedy to go into executive session for
discussion of matters of litigation and land purchase with no intent to resume open session.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting Minutes
April 3, 2002
A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held
on Wednesday, April 3, 2002 in the Farr Conference Room at the National Heritage Museum at
8:00 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr. McSweeney, Mr. Kennedy; Mr. White,
Town Manager; Mr. Lahey, Town Counsel and Ms. Smith, Executive Clerk were present.
Mrs. Krieger opened the meeting and explained that the Board of Selectmen will seek a series of
prioritized cuts that were arrived at by the Senior Management Team that will address the loss of
revenue from the PAYT program.
Mrs. Krieger explained that if the Board calls a Special Town Meeting to remove the word free
from the bylaw, the change must be approved by the Attorney General and that generally takes
60 to 90 days. The clock starts ticking when it is actually submitted to the Attorney General. It
is likely that we would hear before the 90 day window.
Warrant for Debt Exclusion
Upon motion duly made and seconded, it was voted to sign the warrant for the debt exclusion
and to hold the debt exclusion election on May 20, 2002.
PAYT Repercussions
There was much discussion about the impact of the court decision concerning PAYT, options to
address the bylaw change, the timing to call a special town meeting, petition for referendum and
the process and schedule to arrive at a budget for FY03 without pay as you throw.
It was agreed that the School Committee and Board of Selectmen would come up with a list of
cuts amounting to $300,000 each and that the cuts would be prioritized at a meeting on April 22
at 6:00 p.m. before Town Meeting.
Upon motion duly made and seconded, it was voted to schedule an information meeting on
PAYT on Thursday, April 11 at 7:00 p.m.
Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting Minutes
April 8, 2002
A regular meeting of the Board of Selectmen was held on Monday, April 8, 2002 in the Library
at the National Heritage Museum at 6:00 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr.
McSweeney, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms.
Smith, Executive Clerk were present.
Article Positions
Article 16 Amend Zoning Bylaw — CRS, Change Use to Allow Athletic Facilities. Planning
Director Glenn Garber reported that the Planning Board is favorably disposed as it will now be
by special permit. The Board recommends approval. We will monitor in future years and if need
be set a limit. The Board members voted 4 -1 (Mrs. McKenna) to support the article.
Article 17 Amend Zoning Bylaw — Technical Corrections (Support)
Article 19 Amend Zoning Bylaw — Changes Definitions (Support)
Article 20 Amend Zoning Bylaw — House Impact Review (Oppose 3 -2 Mr. Enrich, Mrs.
Krieger)
Article 21 Zoning Bylaw — Codification (Support)
Article 22 Amend Wetlands Protection Bylaw (Support)
Buffet
Board members discussed the Senior Management Team's prioritized list of cuts that far exceeds
the amount required to be reduced in the event that the bylaw is not changed and that the Town's
PAYT program is not active for FY03. Each member will come back with a prioritized list for
Wednesday's meeting.
PAYT Hearing
Board members discussed the format they would like to see followed to receive citizen input at
the PAYT Meeting scheduled for Thursday, April 11.
Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting Minutes
April 10, 2002
A regular meeting of the Board of Selectmen was held on Wednesday, April 10, 2002 in the
Library at the National Heritage Museum at 6:00 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna,
Mr. McSweeney, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms.
Smith, Executive Clerk were present.
Consent Agenda
Water /Sewer Commitments and Adjustments
Commitment of water charges for 1/1/2002 to 1/31/2002
$79,595.90
Commitment of sewer charges for 1/1/2002 to 1/31/2002
$245,183.28
Commitment of water charges for 1/30/2002 (Billing Cycle 03)
$994,489.91
Commitment of sewer charges for 1/30/2002 (Billing Cycle 03)
$1,629,344.71
Commitment of water charges for 1/31/2002 (Cycle 9)
$43,079.88
Adjustments of water charges for 1/1/2002 tol/31/2002
- $342,743.12
Adjustments of sewer charges for 1/1/2002 to 1/31/2002
- $784,596.82
Proclamation
Upon motion duly made and seconded, it was voted to sign a proclamation congratulating former
Lexington resident Ethan Zohn on his accomplishments as winner of Survivor in Africa.
Annual Little League Parade
Upon motion duly made and seconded, it was voted to approve the request from the Lexington
Recreation Department and Lexington Little League to kick off the 2002 season with a parade on
Saturday, April 27, 2002 from 9:30 a.m. to 11:00 a.m.
Bylaw Changes
Board members discussed the different options for a warrant article to amend the bylaws at a
Special Town Meeting.
Buffet
Board members discussed their priorities from a Senior Management Team list of recommended
budget cuts and will be prepared to discuss their individual votes at the meeting scheduled for
Friday at 4:30 p.m.
Selectmen's Meeting — April 10, 2002
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
March 4, 2002.
Upon motion duly made and seconded, it was voted to adjourn at 7:45 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting Minutes
April 12, 2002
A special meeting of the Board of Selectmen was held on Friday, April 12, 2002 in the
Selectmen's Meeting Room at 4:30 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr.
McSweeney, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms.
Smith, Executive Clerk were present.
Bylaw Change
Mrs. Krieger called the meeting to order. We should first consider the bylaw change and then
look at the budget reductions. We need to decide how to develop a process for establishing a
bylaw change and a time for a special town meeting. We had our first public meeting on PAYT
and options last night. There were 150 people in attendance. I came away with the positive
feeling that people are very interested and forceful in regard to initiating the program again. I
also surmise what I heard is different than what my colleagues came away with. I also want to
thank the staff for their assistance at the meeting. It seems the choice before us is will we as a
Board take the leadership and set a time for a Special Town Meeting and work on language we
use in the Warrant and if we don't we will be forced into that. What we need to discuss as a
Board is the approach as to how we are going to resolve the bylaw change.
Mr. McSweeney felt that since March 29 a lot of people in Town have been thinking a great deal
about PAYT. It has been an issue over the last two years and a lot of folks have concern about it.
Then when we had the March 29 court decision we had to look at the whole situation. I am in
favor of the program; it is a successful program and I agree it helps the environment. I had
concern about the financial aspect. I do think we need to change the bylaw. We have had very
little discussion about that. We need to have more. I am hoping in future meetings there will be
a lot more folks present. I hope that we are able to give ourselves a little bit more time. My
solution would be to have a Special Town Meeting in the fall and we should not have it in July or
August. We should not have any major discussions or elections during the summer. If we have a
Special Town Meeting in September, we could have an election in November. It would allow a
lot more citizens to voice their concerns and allow folks to put a bylaw together. I don't agree
with the idea of waiting until next Spring.
Mr. Kennedy thinks PAYT is the way to go. Most people will accept a fee -based program that is
revenue neutral. It has been contentious and has polarized the community. I am concerned
about going too fast. The meeting last night was excellent, very clear and made a case for the
program. I think we should have a similar meeting several more times and get as much
consensus as we can. I would like to follow with what Mr. McSweeney said and give us time to
build consensus.
Mr. Enrich offered a few thoughts. Obviously, the timing of the court's decision is unfortunate.
The choices we made last year were unfortunate. There is a wide spectrum of views: some are
dug in and want to start the program today, others feel that the program in any form would be an
Selectmen's Meeting — April 12, 2002
infringement on their rights. Most people are somewhere in the middle and can support a
program that is revenue neutral. We would have an approach that would be broadly accepted in
Town. The issue has been aired. There is a need for further discussion. On the other hand, I
really do think that we may be making more of the process than it warrants. I am perplexed
about why people think we need to spend six months processing this. I strongly endorse having
a special town meeting in early May with a referendum on June 17.
Mrs. McKenna started at the place where there is unanimous support. We all agree in order to
have any kind of a discussion around PAYT, we have to discuss a change in the bylaw. I think
what is at issue is the timing. How do we best go about it. We need to sort out opinions from
both sides. Two things have really stuck in my mind. Coming off the campaign trail, one thing
in general seems to be that people do not like the way we have been doing business. I do think
there is a polarized community. So how do we turn this into a situation where we can bring the
community together. Something I heard today that really had not occurred to me is this Board
has already been planning for three years on putting together a debt exclusion program. There
has been concern about what this will do to the debt exclusion. I think we need to have a public
process with neighborhood meetings and in the fall put together a reasonable question for Town
Meeting, maybe just removing the word free and maybe about revenue neutrality. Leadership
means looking at the bigger picture. I am at the point where I feel a Fall Special Town Meeting
makes sense. I would urge those people who feel we need to do it now think about whether it is
worth the price of what it may do to the community.
Mrs. Krieger opened the discussion up for public comments.
Frank Sandy said he disagreed with both Mrs. McKenna and Mr. Enrich. Stalling is the way to
kill the program.
David Kanter suggested that leadership is year round. You were elected to make decisions.
Information is available for people. I would like to see unnecessary cost impact avoided. The
issue was emphatically process versus bylaw. As quickly as possible addresses the issue. Go on
to reimplementing the program, a program that we have experience with. Please move forward
in the shortest timeline.
Peter Kelley indicated he was not speaking on the values of the PAYT program but he would be
happy to debate that. It was an unfortunate process with illegalities or lack of dealing with the
bylaw. Citizens can come out in the polls. It would be unfortunate to see 200 citizens put it out.
If we were to go in that direction, the only way citizens will get their way is with a referendum to
go against action of Town Meeting. I look to next year on this. We want people to have a
choice. We do have an opportunity in the fall with the State vote. That is a friendlier and more
appropriate way to do it.
Bud Frawley reminded the Board that there is a committee that can establish revenue neutrality
words for the Special Town Meeting Article.
Selectmen's Meeting - April 12, 2002
Mr. Pagett said his family is still on their initial tags. I think people are frustrated about a
multiplicity of issues. They are concerned about the May 20 vote knowing about a vote on June
17.
Charles Lamb said the petitioners have gathered more than 500 signatures. People are asking for
immediate action. A referendum is the only way to bring it to closure. Mr. Lamb passed over a
stack of petitions calling for a Special Town Meeting that were receipted after the meeting by the
Executive Clerk and turned over to the Town Clerk for certification on Tuesday, April 16.
A motion duly made and seconded to call a Special Town Meeting on May 6 to allow an
amendment of the trash bylaw was defeated 2 -3 (Mr. Kennedy, Mr. McSweeney and Mrs.
McKenna).
Buffet
Mrs. Krieger explained that the task before the Board this evening is to prioritize $300,000 in
cuts.
Mr. McSweeney listed Tree Planting - $15,000; Lexpress - $40,000; Web Development -
$15,000; Tourism Shuttle - $30,000; Comprehensive Plan - $20,000; Fire Suppression $15,000
and $14,500; Sidewalk Program - $50,000; Center Police Coverage - $46,000 for a total of
$245,500.
Mrs. McKenna listed Tourism Shuttle - $30,000; Web Development - $30,000; Comprehensive
Plan - $50,000; Center Police Coverage - $46,000; Fire Suppression - $14,500; Tree Planting -
$15,000; Hazardous Waste - $5,000; Fire Suppression - $15,000; and if needed the last two cuts
would be Sidewalk Program - $50,000; Center Police Second Officer Coverage - $46,000 for a
total of $301,500.
Mr. Kennedy listed Tree Planting - $15,000; Lexpress - $40,000; Web Development - $15,000;
Tourism Shuttle - $30,000; Yard Waste Pickup - $24,000; Fire Suppression - $15,000 and
$14,500; Sidewalk Program - $50,000; Comprehensive Plan - $30,000; Center Officer - $46,000
for a total of $279,500.
Mr. Enrich listed Tree Planting - $15,000; Signage Improvements - $10,000; Lexpress - $40,000;
Web Development - $30,000; Tourism Shuttle - $30,000; Yard Waste Pickup - $24,000;
Comprehensive Plan - $20,000; Weekly Recycling - $73,000; Sidewalk Program - $50,000 for a
total of $292,000.
Mrs. Krieger listed Weekly Recycling - $73,000; Yard Waste Pickup - $24,000; Tree Planting -
$15,000; Signage Improvements - $10,000 Lexpress - $40,000; Web Development - $30,000;
Eliminate Tourism Shuttle Program - $30,000; Sidewalk Program - $50,000; Fire Suppression -
$15,000 and $14,500 for a total of $301,500.
Selectmen's Meeting — April 12, 2002
Board members then, based upon the highest number of votes in each category, prioritized their
cuts as follows:
1. Web Development - $30,000
2. Tree Planting - $15,000
3. Sidewalk Program - $50,000
4. Fire Suppression - $15,000
5. Fire Suppression - $14,500
6. Lexpress Weekend Service - $40,000
7. Comprehensive Plan - $20,000
8. One Center Police Coverage Position - $46,000
9. Yard Waste Pickup - $24,000
10. Tourism Shuttle - $30,000 revenue increase
11. Signage Improvements - $10,000
12. Police Center Coverage - $5,495 additional
Upon motion duly made and seconded, it was voted to adopt the twelve reductions in the
prioritized order listed above for the purpose of going into discussion with the School
Committee.
Board members agreed that they would support the School Committee at meetings they have
scheduled on all three warrant articles for the debt exclusion.
Upon motion duly made and seconded, it was to adjourn at 6:43 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
Selectmen's Meeting Minutes
April 22, 2002
A regular meeting of the Board of Selectmen was held on Monday, April 22, 2002 in the Library
at the National Heritage Museum at 6:00 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr.
McSweeney, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms.
Smith, Executive Clerk were present.
Minuteman Cane Award
Upon motion duly made and seconded, it was voted to sign a proclamation recognizing Horace
Besecker as the 2002 Minuteman Cane Award recipient.
Hanscom AFB — Air Show
Mr. White and Police Chief Casey reported that they have been dealing closely with Air Force
staff concerning arrangements for the air show on June 1 and 2, 2002. Both felt the Town would
be receiving reimbursement for costs involved with traffic control. The Town of Concord had
sent a letter to Base Commander Gardner asking for reimbursement of costs particularly this year
because of the reduced State Aid. Mr. White felt it was not necessary to send a letter to the
Commander at this particular time.
Mrs. McKenna expressed the hope that the Town would be proactive in getting information out
that the event is coming up.
Town Manager Appointments
Upon motion duly made and seconded, it was voted to approve the Town Manager appointments
of Wendy Heiger - Bernays and Elaine Grunberg to three year terms on the Board of Health,
Nancy Seasholes and David Kelland to three year terms on the Historical Commission, Paul
Lapointe to a three year term on the Council on Aging and Andrew Bitsko, Richard Wolk and
Lisa Baci to three year terms on the Conservation Commission.
Sidewalk Cafe Permits
Upon motion duly made and seconded, it was voted to approve the request from Bertucci's
Restaurant and Candy Castle (contingent upon there being a clear pathway for pedestrians) for
sidewalk cafe permits as outlined by the Town Manager.
Joint Meeting with School Committee and Finance Committees
The Joint Meeting was called to order at 6:20 p.m. by the Chairs of the respective committees.
The School Committee voted to approve the descriptions of potential school cuts.
Selectmen's Meeting — April 22, 2002
There was discussion of the items on both the School Committee's list and the Board of
Selectmen's list of cuts to close the $430,000 gap resulting from the discontinuance of the PAYT
Program.
Mr. Hornig asked whether the elimination of the sidewalk program is a one time only cut. Board
members expressed concern over the serious cuts in cash capital budget for FY03. All members
agreed they need to revisit the cash capital policy.
School Committee Chair Scott Burson reported good news with respect to the formula for the
LABBB program that produces $147,000 more revenue than was expected. The School
Committee has voted to eliminate one school bus route and consolidate the others. One
consequence is that the remaining bus routes would be longer. Both the $147,000 and $47,000
should go on the table.
Mr. Enrich felt the lists should be two - tiered. I am thinking the first $213,000 of cuts will quite
likely remain as cuts. The second $217,000 are cuts that stand a substantial likelihood of being
restored.
Mrs. McKenna felt she could see her way down to number 8 on the Selectmen's list and that
would get us to $230,000.
Mr. Griffiths said he goes along with Mr. Enrich's comments. I am concerned about the bus
routes. The buses are partially fee paid. Parents are paying for the bus. It would put item
number 2 on the second list, the one that would go away if we had revenue from PAYT.
Mr. Enrich indicated we would keep Article 4 and other articles open until after a Special Town
Meeting.
There was much discussion about the composition of the lists.
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to prepare two lists.
Upon motion duly made and seconded, it was voted to cut the school and municipal budgets as
follows: $147,000 LABBB Tuition Expense, $47,000 School Bus Transportation, $26,000
Classroom Teacher Substitutes, $30,000 Web Development, $15,000 Tree Planting, $50,000
Sidewalk Program, $15,000 Fire Suppression, $14,500 Fire Suppression, $40,000 Lexpress
weekend service, $20,000 Comprehensive Plan Public Facilities Element and $26,000 Center
Officer Coverage in total amounting to $430,500.
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to place on the list of
cuts that will remain as cuts: $30,000 web development, $15,000 tree planting and $11,000 from
the sidewalk program. The School Committee voted 4 -1 to place $147,000 in surplus special
education tuition and $10,000 from the classroom substitute program.
Selectmen's Meeting — April 22, 2002
Special Town Meeting
There was discussion of dates for a Special Town Meeting and possible referendum date.
A motion made by Mrs. McKenna to schedule the Special Town Meeting on May 22 was not
seconded.
Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to call a Special Town
Meeting on May 15, 2002.
There was much discussion about the wording of the Warrant Articles for the Special Town
Meeting.
AT &T Broadband Grant of Location — Village Circle & East Emerson Road
Upon motion duly made and seconded, it was voted to continue AT &T Broadband Grant of
Location petitions for East Emerson Road and Village Circle to May 6 at 7:30 p.m. at Clarke
Middle School.
Mrs. Krieger recessed the meeting and announced that the meeting would resume after Town
Meeting this evening.
Warrant for Special Town Meeting
Discussion continued on the wording of the articles for the Special Town Meeting.
Upon motion duly made and seconded, it was voted to sign the Warrant for the Special Town
Meeting.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mr. McSweeney, Mr.
Enrich, Mrs. Krieger, Mrs. McKenna and Mr. Kennedy to go into Executive Session for
discussion of a matter of litigation.
Upon motion duly made and seconded, it was voted to adjourn at 10:30 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk