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HomeMy WebLinkAbout2002-05-BOS-minSelectmen's Meeting Minutes May 1, 2002 A regular meeting of the Board of Selectmen was held on Wednesday, May 1, 2002 in the Farr Conference Room 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. New Motions Article 4 Mrs. Krieger opened the meeting and explained that the Board has a suggested motion under Article 4 that at the conclusion of Article 4 would propose that we move to postpone further action on this Article until after the May 15 Special Town Meeting. The intent of the motion is to allow us the flexibility to come back if we so desire to make changes in the budget depending on what the action of the Special Town Meeting is. The Board Members discussed the new motions for Article 4 that reflect the budget cuts that were made at the last meeting to close the gap resulting from the PAYT decision. Board members also discussed leaving Article 4 open until after the Special Town Meeting and potential referendum. Mr. Enrich felt it would be a good idea to allow for putting appropriations back in if PAYT is reinstituted. Mrs. McKenna felt it was not a good idea to keep the entire budget open so close to the beginning of the fiscal year. Upon motion duly made and seconded, it was voted to endorse the wording of Article 4 as most recently presented to the Board this evening. Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to endorse at the conclusion of discussion of Article 4 a motion to postpone further action on the Article until after the Special Town Meeting with the explicit understanding that that means after it is clear on what action the citizens will take in the form of a referendum. Article 5 Board members discussed a request from Town Clerk Donna Hooper for an appropriation of $50,000 from Article 5 to pay the costs of the May 20 Debt Exclusion Special Election, the May 15 Special Town Meeting and a possible June Special Election. Mrs. McKenna raised two questions: Didn't we budget the debt exclusion because we knew it would happen sometime in this fiscal year. I am also wondering at this point what is the balance in the Reserve Fund and couldn't we use that. Finance Director John Ryan explained that although he hasn't received any specific request from the Reserve Fund's appropriation of $150,000 he expects a request from Veterans' Benefits and is aware of need in the legal budget. Selectmen's Meeting — May 1, 2002 Mrs. McKenna felt she would prefer that when and if expenditures go above and beyond what was appropriated that the Town Clerk go before the Appropriation Committee and justify the expenses. Appropriation Committee Chairman Paul Hamburger said he favored going for the appropriation in Article 5 at this time in the year. Mr. Enrich indicated he had the same question as Mrs. McKenna whether when we constructed the FY02 budget some eighteen months ago we were anticipating that there would be a debt exclusion in the fall of FY02. It would have been less than prudent of us not to have budgeted at that time for it. I am a little bit surprised to see now that we didn't, if in fact we didn't. Mr. White said the question was asked and the answer that was given during budget deliberations was we never anticipate an action like that, that it is budgeted for after the fact. In the past boards have looked at calling for an override referendum election as an item of last resort and something that would only be done if provided no other alternative. If the Board wants to handle it in a different way in upcoming years, you might want to think about that. But you know this has been the practice and the policy of the Board since Proposition 2 '/2. Mr. Enrich noted the corollary of that, which I hadn't thought about is that we haven't in the FY03 budget included anything for an anticipated FY03 override election for the operating budget notwithstanding the fact that we have all been saying that we foresee that we will not get to a FY04 budget without it. Upon motion duly made and seconded, it was voted to support the request under Article 5 for $50,000 to the Town Clerk elections account. Discovery Day The Lexington Retailers Association member Dick Michelson was present to request the Board's permission to park a flat bed trailer in two metered spaces in front of Fleet Bank and a second request to bag the parking meters in the Center during the Discovery Day Celebration. There was some discussion about the best location for the flatbed trailer. Upon motion duly made and seconded, it was voted to give permission for the flat bed trailer and banner advertising Discovery Day from May 17, 2002 to the morning of Discovery Day, May 25 to be located somewhere between Waltham Street and Depot Square at the discretion of the Police Department. Upon motion duly made and seconded, it was voted to grant permission to bag the parking meters in the Center during the Discovery Day Celebration. Selectmen's Meeting — May 1, 2002 Liaison Reports Mr. Enrich reported that the Utilities Committee has been hard at work for the last several months. They have made progress and I am impressed with the work that is getting done. They will be coming back with a variety of items improving reliability, visual clutter and exploring municipalization. There may be possible savings were we to contract out with someone other than Boston Edison for the purchase of the electricity for the Town's accounts. Thanks to the very hard work of Ingrid Klimoff and Roger Borghesani, they will be going out to companies that are ready to sell electricity. We are asking for the Board's and School Committee's approval to put out an invitation for bids to a half dozen companies to see if we can see significant savings. The authority would be to have the school and purchasing department put out a request for bid. Mrs. McKenna asked to wait until the May 6 meeting to take a vote. Upon motion duly made and seconded, it was voted to adjourn at 7:53 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes May 6, 2002 A regular meeting of the Board of Selectmen was held on Monday, May 6, 2002 in Room 217 at Clarke Middle School at 7:00 p.m. Mrs. Krieger, Mr. Enrich, Mrs. McKenna, Mr. McSweeney, Mr. Kennedy; Mr. White, Town Manager; Mr. Vacco, Town Counsel and Ms. Smith, Executive Clerk were present. Mrs. Krieger in opening the meeting announced I apologize to my colleagues on the Board. I presented the PAYT report last week without having given my colleagues the opportunity to review and comment on it. This was not on my part in any way meant to be disrespectful or to undermine the authority of the Board. I drafted the report and left on a business trip and returned on Wednesday directly to the Museum for the meeting that night and read the report to Town Meeting later that evening. I hope you can accept my apologies. Mrs. McKenna would like to comment on the report and will be doing it under the report on recycling. Consent Agenda Water /Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted to make the following: Commitment of water charges for 2/1/2002 to 2/28/2002 $2,789.30 Commitment of sewer charges for 2/1/2002 to 2/28/2002 $6,084.02 Commitment of water charges for 2/28/2002 (cycle 9) $85,466.77 Commitment of water charges for 3/1/2002 to 3/31/2002 $9,177.06 Commitment of sewer charges for 3/1/2002 to 3/31/2002 $12,330.22 Commitment of water charges for 3/31/2002 (cycle 9) $64,565.66 Adjustments of water charges for 2/1/2002 to 2/28/2002 - $166,859.14 Adjustments of sewer charges for 2/1/2002 to 2/28/2002 - $297,153.29 Adjustments of water charges for 3/1/2002 to 3/31/2002 - $131,504.43 Adjustments of sewer charges for 3/1/2002 to 3/31/2002 - $59,762.21 Sewer Rate Relief Fund Certification Upon motion duly made and seconded, it was voted to accept $49,072.00 from the Commonwealth Sewer Rate Relief Fund to be used solely for the purpose of providing assistance in the mitigation of sewer rate increases in fiscal year 2003. Proclamation — The Lexington Outlook Club Day Upon motion duly made and seconded, it was voted to sign a proclamation to recognize May 10 as The Lexington Outlook Club Day. One Day Liquor License Upon motion duly made and seconded, it was voted to approve the application and issue a one - day liquor license to Parenting Resource Associates, Inc. for a fundraising dance on June 15, 2002. Selectmen's Meeting — May 6, 2002 Common Victualler Licenses Upon motion duly made and seconded, it was vote to approve the application and issue a common victualler's license to Hogan Management Company d /b /a McDonald's Restaurant and Honey Dew Donuts. Town Meeting Article 8G - Board members decided to separate out Article 8G — Sidewalk Improvements. Article 32 Retirement Board Early Retirement Incentive — Indefinite Postponement Article 28 Resolution — Use of Appropriated Funds — Board members support Special Town Meeting Board members discussed what they expect the motion to be for the Special Town Meeting. Mr. McSweeney indicated he has a little bit of a problem. I haven't come to a conclusion whether the majority of the community wants to have a PAYT program. I hope Saturday's meeting will have lots of participation. I don't have a problem if and when I am going to have to make that decision. I am not 100% sure whether the community wants PAYT. Anyone I talk to tells me they are recycling more. Mr. Enrich indicated he shares Mr. McSweeney's curiosity about the mood of the public. I don't think we are going to have a definitive answer until a referendum takes place. In the short term we are not going to be making the decision on PAYT. We should have it as crisp and clear as we can make it. Mrs. McKenna indicated she would like to see the explanation given at Saturday's information meeting that there are three articles on the Warrant. The Selectmen have not made a decision whether we will indefinitely postpone one or two of them. Saturday's meeting will be a balanced view of the PAYT issues. Mr. Enrich indicated he had always assumed that although we have three articles on the warrant so that we not tie our hands, the Board would come with a proposal which would fit even under all three articles and that would be the first to come before Town Meeting. My thinking about this is that given where we are in the process, this is ultimately going to be decided in a referendum. We should make it as simple and palatable as we can. The way to do that is to include in the bylaw amendment a clause to insure revenue neutrality. Selectmen's Meeting — May 6, 2002 Mr. McSweeney felt he had no problem discussing something like that in an article. I got a sense that some citizens feel that the folks that put the program in place went all the way without including everyone. I am not sure whether we should start all over again. One of the pieces is a trash pickup program where there is no charge. I would like the citizens to get a feeling we are starting at home plate. Mrs. Krieger indicated she thinks people will have the opportunity when they come to the polls. We want to design the parameters and one is revenue neutrality. Mr. Kennedy indicated that is my starting point, revenue neutrality. I think we should include that in a bylaw. When I was running for Selectman, I was very clear regarding PAYT. I am impressed with the program. I did not agree with the process. Since that time, I am trying to find if it is satisfying the citizens. Mrs. McKenna indicated her concern is that I don't see the process. The vote requires not only a majority but a higher percentage. I think the community beyond Town Meeting sees that we are back at home plate. If we are going to get an honest vote from citizens, I am not ready to sign off on Article 4. Since Article 2 was filed by citizens, the motion is to be made by the citizens and then the Board reacts to it. Mr. Enrich felt it is clearly within the responsibility of the Selectmen to choose the order in which we take up the articles. Second, it does seem that we have come a long way to see how we would go without PAYT. There would be a tax increase of $750,000. Mr. McSweeney thought most people really like the results of PAYT. We are all thinking and hoping that we are doing something for the environment. Mrs. Krieger expressed concern that if we don't go back to PAYT, we have made some serious cuts in the budget. AT &T Broadband Inc. Grant of Location — East Emerson Road (continued) 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 East Emerson Road. Install underground conduit by excavating approximately 300 feet from existing pedestal near 104 East Emerson Road to pole 2 /nt on Ridge Road. Bore under 31 feet of driveway at 104 East Emerson Road. Selectmen's Meeting — May 6, 2002 AT &T Broadband Inc. Grant of Location — Village Circle (continued) Because there was no representative from AT &T Broadband present, at the request of abutter Joel Adler, the hearing was continued to May 20 at 7:30 p.m. in the Selectmen's Meeting Room. Upon motion dully made and seconded, it was voted to adjourn until after this evening's session of Town Meeting. The meeting resumed at 10:20 p.m. Special Town Meeting Board members continued their discussion of the motions for the Special Town Meeting and the PAYT information meeting on Saturday. Mr. McSweeney expressed concern about not knowing what the format of the meeting Saturday will be. I would like to have some choice and would like to see what the feelings are with no PAYT. Mrs. Krieger felt the format was going to be the same as the one on April 11. Mrs. McKenna indicated she felt it would be better for TMMA to conduct the meeting rather than the Selectmen. I think some of the factual material was very helpful. Peter Kelley said he sees two concerns still out there. One is the process. It is not a fair process because of the timing. More time is needed. Also, the process of not presenting a choice to the voters. I have no objection to see the best PAYT program crafted. I do want to see what you may be proposing. Would a PAYT program be revenue neutral dollar for dollar and would there be free tags? Mr. Enrich felt he shared Mr. Kelley's concern. The Board is in danger of being derelict. We have scheduled a Special Town Meeting nine days from tonight. Maybe not tonight, but by Wednesday night we should make a choice on what the program should be. Mrs. Krieger felt she would support the same program with one change and that is the barrel labels would be good until September and then one could be purchased for nine months. TMMA Chair Andy Friedlich said he feels the Board has to take a leadership role. Special Town Meeting petitioner Charles Lamb indicated he has a motion and resolution under Article 2. He said it is his hope that the Board would lead on the matter. Selectmen's Meeting — May 6, 2002 Mr. Kelley agreed with Mrs. McKenna's suggestion that Saturday's meeting be a TMMA event rather than a Board of Selectmen event. Mr. Hornig indicated it was a little bit fuzzy on whether the meeting on Saturday would be a real information session or a debate on the merits and therefore it was the decision of TMMA that it was not an information meeting and therefore should be run by the Selectmen. Mr. White said he would feel comfortable sponsoring the event. I could provide background information and work with staff to develop the format. Mr. McSweeney indicated he would like to see Town staff hold an information session and that the public be asked to weigh in and fully informing Town Meeting on May 15. Use of Battle Green Upon motion duly made and seconded, it was voted to approve the request from the Lexington Justice and Peace Committee to hold a vigil for peace on the Battle Green on Friday, May 17, from 5:30 to 6:30 p.m. with an anticipated participation of 20 to 30 people. Town Manager Appointments Upon motion duly made and seconded, it was voted to approve the Town Manager's appointments of David Langseth to the Conservation Commission and Mary Gillespie to the Council on Aging. Future Meetings It was agreed that in addition to previously posted meetings, the Board would meet on May 13 and May 20 in the Selectmen's Meeting Room. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of March 6 and March 11, 2002. Upon motion duly made and seconded, it was voted to adjourn at 10:48 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes May 8, 2002 A regular meeting of the Board of Selectmen was held on Wednesday, May 8, 2002 in Room 127 at Clarke Middle School at 7:00 p.m. Mrs. Krieger, Mrs. McKenna, Mr. McSweeney, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith, Executive Clerk were present. PAYT Update PAYT Coordinator Robert Beaudoin reviewed the April tonnage figures. The trash reduction figure dropped from 36.62% in March to 23.70% in April. The recycling however increased in April to 31.12% from 21.56% in March. It was also noted that the 31.12% increase was the second highest increase since the inception of PAYT and the 23.7% decrease in trash was the lowest decrease in the same ten month period. Mr. McSweeney indicated he was happy to see recycling was up for April. He expressed concern that people really don't need to pay for tags to continue recycling. Mrs. McKenna echoed Mr. McSweeney's comments. She felt some people were bringing their trash elsewhere while the program was in place. Special Town Meeting Mrs. McKenna indicated there are a lot of issues around what we put forward as a motion. I had a discussion with Mrs. Klimoff and Mr. Lamb. We are putting forward a Special Town Meeting for the public. My thinking is that if we were to follow the motion that Mr. Lamb presented, it would simply remove the word free. That would be a simple thing for the voters. I am leaning that if we were to propose that amendment to the bylaw and in the process continue the public education process before we were to implement the program then we would have a referendum to give us an idea of what the public would like. How could we phrase a revenue description that would be understandable? The education process has been missing and that is where I am thinking. If that were the case, if Town Meeting did agree and removed the word free, I am assuming there would be a referendum fairly quickly. If Town Meeting action were overturned, that would mean free would be put back in. Mrs. McKenna mentioned coming back to next year's Town Meeting with specific language. Whatever program we craft, it would get us to the fall time frame. That would perhaps have an element of a survey. We would actively solicit feedback. Mr. Kennedy agreed that Mrs. McKenna made a good point regarding the time element. At this point I really don't know what the community wants. It makes me uncomfortable making that decision. I am still bothered by the lack of time to get back to the community. Mrs. Krieger pointed out that after Town Meeting we will have to decide what to restore to the budget. Selectmen's Meeting — May 8, 2002 Mr. Lahey reminded the Board that the Attorney General has to approve the bylaw change before PAYT comes back. The Attorney Generals' review would be faster if you don't get into revenue neutrality. Mr. McSweeney indicated right now he is leaning to some sort of article that has revenue neutrality in some way. I would prefer a full Board discussion on Monday. 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 May 13, 2002 A regular meeting of the Board of Selectmen was held on Monday, May 13, 2002 in the Selectmen's Meeting Room 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. Special Town Meeting Motion Mrs. Krieger indicated that the Board needs to decide on the motion for the Special Town Meeting on Wednesday. The sense that I had is that some of us still felt that it would be prudent for a motion that stated revenue neutrality. Mr. McSweeney indicated his expectation is that it will pass Town Meeting and my next expectation is that there will be a referendum shortly thereafter. All of the taxpayers will have an opportunity to say how they feel about this issue. The cleanest way would be to remove the word free. Mr. Kennedy indicated his concern is that if it doesn't get overturned, following in that vein we now have a $3 million source outside of Proposition 2 '/2. I am thinking not to just eliminate the word free. Mr. Enrich indicated he was perplexed. There were two kinds of objections to the PAYT program. It was improper because it ignored the bylaw and the second concern that it was really a way of generating revenues outside of Proposition 2 '/2. I don't agree with either of those objections. We now have an opportunity to correct both concerns in one motion. Mr. Kennedy indicated people kind of expected a process. There isn't enough time being allowed, the matter is being thrust onto the community and no time to listen to the concerns of the community at large. I am hearing the PAYT system can work without a fee. People have had the system for almost a year. Mrs. McKenna indicated she has been struggling with the issue. The other piece of what Mr. Enrich didn't add is it wasn't just the process that was of concern to the people; whatever information that took place came along with the assumption that the program was going to happen. People were not asked proactively whether they want the program or not. It is putting people in a defensive, reactive mood. We as a Board can't agree as to how to proceed. As much as I was going to support a motion, I would support the one that eliminates the word free. I think maybe the right thing for us to do is move indefinite postponement. Send out as a message that the community isn't ready. Mr. McSweeney felt if the community wants a trash program that is outside the tax levy, I think it should be revenue neutral. I think we need to move on. Selectmen's Meeting — May 13, 2002 Mr. Kennedy felt what we have in a situation like this is some people in town who are more active in the political process than others. They get involved in certain issues. This is one that takes time. I don't thing we are allowing ourselves enough time to do that. Peter Kelley said he thinks revenue neutrality is really something that needs to be looked at. Mr. Enrich suggested a motion to remove the word free and include revenue neutrality text. Mrs. McKenna indicated that one of the concerns of proponents of revenue neutrality is the concern about the flexibility of the Selectmen. They don't feel there are the protections. I can't support this particular motion. Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to put forward as a motion under Article 3 or 4 whichever we decided to bring up first deleting the word free with the revenue neutrality text of Article 4. Mr. Enrich asked and Mr. Lamb and the Moderator agreed that Town Meeting would take up Article 3 first. Mr. Lahey reminded the Board that in calling for a referendum, the proponents have to have a summary of the text of the vote in the petition. Board members asked Town Counsel and the Town Clerk to assist anyone who wants to get signatures for a referendum vote. Utility Committee Mr. Enrich asked the Board to approve going forward with a proposal from the Electric Ad Hoc Utility Committee to go out to bid for municipal electric utility purchases. The proposal is simple. It would authorize the Town's purchasing agent in conjunction with the School purchasing agent to seek bids for our electric utility purchases for the purpose of seeking information on what savings we could achieve. A $100,000 savings is a ballpark guess. Mrs. McKenna indicated she felt she now had enough information to feel comfortable with recommending going forward with the bid proposal. Board members all agreed that the matter should be pursued. Budget — Post Special Town Meeting Mrs. McKenna proposed that if Town Meeting were to reinstate PAYT, the Board could vote a budget. We don't see a need for a contingent budget. Mr. Enrich suggested revisiting the tree planting program. I suggest a couple of places to look at to do that. There is $8,000 in grant money for the tour bus program. We could also restore only $19,000 of the $26,000 to fill the police vacant position. The Chair would have to clear it with the School Committee. Selectmen's Meeting — May 13, 2002 Upon motion duly made and seconded, it was voted to restore in the contingency budget the tree planting program, to delay filling the police vacant positions and increasing revenue for the tour bus contingent upon talking the matter over with the School Committee. Battle Green Guides Mrs. McKenna reported on some loose ends that the Tourism Committee are trying to tie up to get the tour shuttle program in operation. One of the concerns raised in a recent meeting is that there are guides needed. The concern is that there is a great deal of difficulty in getting Battle Green guides mostly because it is a volunteer position. For this season in trying to address the problem, some of the Minuteman would be willing to serve as guides. The first requirement for Battle Green guides is that they be Lexington residents. The Minutemen are not all Lexington residents. The Board may waive the regulation. Mr. Katz indicated the Battle Green guides really consist of Larry Whipple, Herb Wasserman and myself. I think the buses present a different kind of a scenario. Mr. Katz also asked that the residency requirements be waived. All Board members agreed that the residency regulation be waived. Battle Green Obelisk Mr. White reported that the work on the Battle Green Obelisk is being recommended to be done by the low bidder Joseph Gnazzo Company, Inc. in the amount of $19,250. The Lions Club has offered to donate $10,000 and the Trustees of Public Trusts are committed to $5,000. The remaining cost of $4,250 will be funded from the Nextel Communications Selectmen's Gift Account. We hope to have the work completed by July. Chapter 90 Authorization Upon motion duly made and seconded, it was voted to authorize the Town Manager to act on behalf of the Town of Lexington as its agent in executing the Commonwealth of Massachusetts Standard Contract Form 4501353CO155 under the Massachusetts Highway Department's State Aid Program. 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 with no intent to return to open session. Selectmen's Meeting — May 13, 2002 Upon motion duly made and seconded, it was voted to adjourn at 9:45 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes May 20, 2002 A regular meeting of the Board of Selectmen was held on Monday, May 20, 2002 in the Selectmen's Meeting Room at 7:30 p.m. Mrs. Krieger, Chairman, Mr. Enrich, Mrs. McKenna, Mr. McSweeney, Mr. Kennedy; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Pease, Assistant to the Executive Clerk were present. Public Comment Lorraine Fournier had several comments on how badly the creche case was handled by the Selectmen and stated that Mr. Darling is challenging the Board of Selectmen and legal counsel to a debate on constitutional law any time, any place. Mike Lapierre, AT &T Broadband Community Access Studio. AT &T recently hosted an award ceremony to honor and recognize people in the community who have been helpful and supportive of their activities in Lexington. Mike presented Jeanne Krieger with a Certificate of Appreciation for improving the quality of the public meeting broadcast by encouraging audience members to use the microphone when making public comments during Selectmen's Meetings. Ms. Krieger took the opportunity to thank AT &T Broadband and Mike Lapierre who has faithfully been taping all Selectmen meetings. Consent Agenda Proclamation — National Public Works Week Upon motion duly made and seconded, it was voted to sign a proclamation proclaiming May 19 to 25, 2002 as National Public Works Week. Hearings Retail Package Goods Store Liquor License — Cheese Etc. Neil Kelly, owner and manager of the new cheese shop, presented his hours to the Board and explained how he planned to cordon -off the wine area, which will be located in the back third of the store, on Sundays. The lights will be dimmer in that area on Sundays and he will have signs displayed expressing that it is against state law to sell wine on Sundays. Upon motion duly made and seconded, it was voted to approve the application and issue a Retail Package Goods Store Liquor License to Sell Wine Only to Cheese Etc. Inc., d /b /a Cheese Etc. at 1728 Massachusetts Avenue to be open the following hours: Monday through Wednesday and Saturday - 9:30 a.m. to 5:30 p.m., Thursday and Friday - 9:30 a.m. to 7:30 p.m., Sunday 10:00 a.m. to 4:00 p.m. Selectmen's Meeting — May 20, 2002 AT &T Broadband Grant of Location — Village Circle Upon motion duly made and seconded, it was voted to approve the petition of AT &T Broadband to remove, relocate, install and maintain underground structures with the wires and cables to be placed therein, under the surface of Village Circle; remove existing above ground pedestal and replace with an underground vault, within the public right -of -way, approximately 5 feet from the existing pedestal. Verizon and NSTAR Grant of Location — Page Road Upon motion duly made and seconded, it was voted to approve the petition of Verizon New England, Inc. and NSTAR Electric to locate and /or relocate anchors, guys and such sustaining and protecting fixtures to be owned and used in common by the petitioners, along and across the following public way: Page Road from existing pole number 31 on the southerly side of Page Road, place a new sidewalk anchor and guy, 8 feet ( ±) northerly of the pole to the property line of #7 Page Road. Verizon and NSTAR Grant of Location — Roosevelt Road Upon motion duly made and seconded, it was voted to approve the petition of Verizon Communications for permission to relocate and /or install poles, wires, cables and fixtures, including anchors, guys and other such necessary sustaining and protecting fixtures, along and across the following public way: Roosevelt Road — place new pole number 318/0, 3 feet off the curb, on the northerly side of Roosevelt Road, at a distance that is 98 feet ± easterly of existing pole number 318/1 with the condition that Verizon contact the Tree Warden prior to installation of the pole. The Board approved this request contingent on Verizon contacting Dave Pinsonneault, Tree Warden, to make sure no trees will be damaged with the addition of this new pole. Traffic Safety Advisory Committee Assistant Town Engineer Dave Carbonneau presented issues discussed at the February 6, 2002 meeting of the Traffic Safety Advisory Committee. Lincoln Street, Hastings Park — The TSAC met with members of the Lincoln Street/Hastings Park neighborhood to discuss No Parking regulations and crosswalk locations in the area. No conclusions were reached, but several good proposals were raised. The hearing was continued until June 4 with the TSAC. Kenneth Reich, 23 Lincoln Street, is a member of the Lincoln Street/Hastings Park Neighborhood Association. The group was formed in response to increasing hazardous and unsafe traffic problems that have developed in the neighborhood in the last few years and that have been exacerbated with construction work at Hayden, the High School, and the Skate Park. Selectmen's Meeting — May 20, 2002 There seems to be events as often as every week or a couple times a week. Mr. Reich would like to see a number of restrictions imposed: 1) parking ban on park side of Lincoln Street from Worthen Road to Audubon; 2) parking ban on one side of Hastings; 3) no parking on Audubon Street; 4) addition of at least two crosswalks; and 5) police presence on Lincoln during any major events. James Easton, 21 Lincoln Street, supports comments of Mr. Reich and has been involved in meetings with Hayden and Traffic Safety Committee. The traffic problems are not only when there is a big event. Parents choose to park off the Hayden site. Steve Tripi stated the Temple Isaiah parking overloads to the Hayden parking lot and then the Hayden people have nowhere to park but on the streets. The Board would like Hayden and Temple Isaiah to be invited to the next TSAC meeting on June 4, 2002 and for the Committee to try to get a handle on how often the traffic problems happen. Solomon Pierce Road Speed Hump — A resident requested a speed hump be placed near his home similar to the one installed on Middleby Road. The TSAC is waiting until the evaluation of Middleby Road is completed. The TSAC will discuss this speed hump at their meeting on June 4, 2002. The TSAC plans to come before the Board with the evaluation results of the speed hump and the criteria for approval of possible other speed humps. Follen Road/Locust Street Intersection — There have been many serious accidents at this intersection. The TASC recommends that the Stop sign be moved to a more conspicuous location and that vegetation be trimmed in front of 213 and 214 Follen Road to improve site distance. Hancock Street at Adams — The TSAC recommends a Driveway Ahead sign in front of #55B to encourage vehicles to proceed more cautiously around the bend. Upon motion duly made and seconded, it was voted to approve a Driveway Ahead sign in front of #55B Hancock Street. Paul Revere Road at Cedar Street — This intersection suffers from poor sight distance. To improve sight lines the TSAC recommends that the Stop line for the Paul Revere approach be moved as far as possible into the intersection and the vegetation be trimmed in front of #77 Paul Revere and #56 Cedar. If these measures do not adequately address the problem, TSAC will consider recommending a Stop sign on Cedar Street. Selectmen's Meeting — May 20, 2002 Limousine License Renewals Upon motion duly made and seconded, it was voted to issue Limousine Licenses to: Peter M. Fusco d /b /a FUS CO. Ltd, 37 Woburn Street Lexington Sedan Services, 789 Massachusetts Avenue Kip Duncan Farris, 158 Maple Street Tourism Committee — Banners Upon motion duly made and seconded, it was voted to approve up to 25 banners to be located along the Liberty Ride route from July 1 through October 31, 2002. Buffet Mr. Mehr presented to the Selectmen a concern regarding discrepancies between fees charged by square footage for Building Permits and information in the Assessors office on square footage for the same homes. Mrs. McKenna felt it was an important point and the Board should make sure that the Town is collecting the correct square footage. The question is whether this needs to be done through a budgeting basis or done as a policy. The Board has direct supervision over the Town Manager and it should make sure it is comfortable that the Town Manager's departments are operating as efficiently as possible. Some of the discrepancies are as high as 42 percent; this needs to be looked at. When a builder comes in for a building permit application, they fill out the application and they leave a set of plans. Can we make sure that what is written on the application is the same square footage as written on the plans? This may reduce the discrepancy. Mr. White stated the Town has always had an informal policy of staffing below average comparable communities. He presented a survey of 20 communities and of the 20 only 5 require the contractor to use a square foot evaluation process. The assessment /evaluation process is a check. If you would like the mission of the Building Department to be something more than receiving the plans, reviewing the plans, insuring that the plans and construction is viewed from a code perspective for public safety, then we would have to staff accordingly and ask the Building Department to take a different perspective. Mr. Kennedy and Mr. Enrich feel the purpose of the fee is to recoup the costs of providing the service. The cost of the service is not determined using the fee, it is determined by many issues, such as the cost of payroll and the cost of administering the service. The sense of the Board is that this matter does not require any further attention. Mrs. Krieger continued the meeting with discussion on the examination of the motions that are coming up for Wednesday night. Selectmen's Meeting — May 20, 2002 Board members were confused about Line Item 3000. The first part means if PAYT is re- instituted, there will be $15,000 for trees. The second part means that if PAYT does not get re- instituted, then there will not be revenues from selling the excess. If we don't have PAYT we need more in the budget to cover the tipping fees on the additional trash that we are estimating will be disposed off The $217,000 is exactly the amount we had been advised by staff we could assume as savings with the PAYT program and that we have in all the other items scattered across the budget have spent that exact $217,000. There is $217,360 that goes one of two places. Without PAYT it goes to pay tipping fees, with PAYT it goes to pay for the menu of programs that we are proposing to re- institute. Mrs. McKenna wanted to know if it was possible, because Town Meeting voted to re- institute PAYT, to make the assumption that PAYT is in place and budget as if PAYT was in place. Mr. Lahey says it is OK as long as the budget is balanced before submitting to DOR. Mr. Enrich asks what happens if the vote is to not re- institute PAYT? Mrs. McKenna believes that given the pattern that we have seen post PAYT, that the excess tonnage that we have to sell is going to be more than we think. Mr. Enrich is not prepared to dictate to staff what they should do. The staff has given us their estimates on the proposed cuts; the Appropriations Committee in a document that we reviewed at a summit meeting has reviewed them. Mrs. Kreiger believes the Town has criticized the Selectmen for the PAYT process. It looks as if there is going to be a referendum in which the public has an opportunity to vote on the issue. It would be utterly disrespectful of the voters to second -guess the outcome of the referendum and build a budget that is based on the outcome. Mr. Enrich says if the referendum should pass, then if staff reduces the revenue estimates, we will have a budget that is out of balance and we will need to convene a special town meeting based on a budget that is out of balance. It is important to stick with making $217,000 contingent on the referendum not terminating PAYT. Mr. McSweeney asked the other Board members if they felt it was important to talk about re- instating Lexpress Saturday service. Mrs. McKenna believes that the Saturday Lexpress services almost 100 people per Saturday and that a lot of people depend on the service. Is there any sentiment on the board to take the contingency language out about that $40,000? It would have to be reviewed with the other three committees. Mr. McSweeney would like to take the $40,000 from free cash. Mr. Enrich does not know if Mr. Kaufman intends to revive his motion at Town Meeting. If he does, we are going to have to insist that Town Meeting find an offsetting additional $40,000 if we want a budget in recognition of the realities of our revenue estimates. If we don't have the PAYT program we will have $217,000 less estimated revenue. We have to take account of that someway. Selectmen's Meeting — May 20, 2002 Mrs. Battin wants to clarify that when Town Meeting is opened, on the floor to be addressed first is the amendment made by Mr. Kaufman that was to add $40,000 and he did not have contingent upon. We have to address that before anything else. Mr. McSweeney thinks it is important to ask the School Committee and finance committees to come May 22, 2002 to ask them for their input and thoughts. Mr. Hamburger can't speak for the Appropriations Committee, however they did discuss the issue and were all in favor of not raiding free cash. Upon motion duly made and seconded, it was voted 3 -2 (Mr. Enrich and Mrs. Krieger opposed) to restore in the budget the $40,000 for Lexpress Saturday Service to be offset by free cash. Mr. Enrich reserved the right to make a minority report at Town Meeting that will include an amendment to insert contingent language back into the motion. Mrs. McKenna had a question about the legality of the language in Charles Lamb's motion last Wednesday night which he is proposing to put forth under Article 4, Line Item 3000 which says a PAYT program will be implemented for refuse disposal services. Mr. Lahey's initial reaction was that it is inconsistent with what was enacted in the by -law, which states it is subject to the referendum giving authorization or discretion to the Board to enact the PAYT program, but not mandating it. Mr. Enrich wants the Selectmen to think about how they, in the face of Town Meetings wish to implement PAYT and in the face of the by -law amendment surviving a referendum, would choose to go against the will of Town Meeting. He believes Town Meeting Members would want to know and at no time in his five years on this Board would he ever have considered refusing to implement a policy that was expressly chosen as part of the budget by Town Meeting. Mrs. Battin stated there is nothing the Moderator can do to stop Town Meeting acting illegally. Mr. Lahey can state the consequences, but it can go on the floor and it is up to Town Meeting to decide. Future Meetings The Board wanted a summit meeting planned for May 22 at 7:00 p.m. Need to check with other committees regarding their availability to meet to discuss changes made to budget. Mr. Hamburger proposes that the summit meeting be scheduled at 7:00 p.m. and limit to one -half hour so individual committees can meet after that. Selectmen's Meeting — May 20, 2002 The Selectmen discussed meeting dates. They decided to meet June 10 and 24, July 22, and August 26. July 8 and August 5 will be kept available as possible backup dates. They also discussed possibly having a Goal Setting meeting on July 23 and the need for another summit meeting in August. Upon motion duly made and seconded, it was voted to meet June 10 and 24, July 22, and August 26. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of March 18, 19, and 25, 2002. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes for February 25, March 4 and April 1, 2002. Reappointment to Conservation Commission Upon motion duly made and seconded, it was voted to approve the Town Manager's reappointment of Angela Frick to the Conservation Commission. PAYT Mr. Hadley reviewed the parameters DPW would use to re- institute and layout a PAYT Program. The plan is based on PAYT being re- instituted on July 1, 2002. Prior to July 1, 2002 DPW would send out a town -wide mailing that would include 30 free tags and a notice that additional tags can be purchased for $2 at several merchants around town and also at the DPW Administration Office at Town Hall and inform people that all unused bag tags that they have saved can be used, there is no expiration on the bag tags. It is proposed that the blue barrel labels remain valid for the first three months of PAYT in FY03 (July through September 30). Then in October residents would purchase a 9 -month barrel label at $97.50 (3/4 of the $130 per year barrel fee). Because the labels would be sold at several merchants, DPW would start selling these labels in early September and the merchants would continue to receive their 5 percent commission on the labels they have sold. The barrel labels will also be sold at the DPW Administration Office in the Town Office Building. The 30 bag labels could be traded for a barrel label and that can be done only at the DPW Office. PAYT would continue to provide the white goods, leaf and yard waste collections, household hazardous waste products drop off sites, CRT collections twice a year and the cardboard drop -off at the Hartwell Avenue site. Selectmen's Meeting — May 20, 2002 Mrs. McKenna has heard from many residents that only have a small bag and they are forced to collect their trash for a couple of weeks in order to accumulate a full bag. Would like to look into having a $1 ticket for a small trash bag. It would be easy to tell the difference between the large trash bags that are typically green or black and the kitchen bags are white or a light color. The Board thinks the voters need a general assurance from the Board that if the by -law survives the referendum vote, the PAYT program implemented would essentially be the same as last year. Mrs. McKenna feels it is important to have some public education sessions as soon as possible before the referendum in order to get feedback and suggestions for re- instituting the PAYT program. Would like to hear from the public as to how strongly they feel about such things as receiving 52 tags versus 30. Mrs. Sandy stated that it would be very helpful to give out 52 half -bags tickets or 30 full bag tickets. That way you probably don't impact the amount of trash people have but you give them the option. She has heard from other people about the nuisance of tags and that they would like to get rid of trash on a weekly basis. The Board would like the staff to plan two or three information sessions before June 10, possibly one during the day at the COA, one at night, and one on the weekend. The information needs to get out and the Board needs some feedback. Mr. White needs the Board to focus on the core business decisions for re- instituting the PAYT program by the lo of June in order for Mr. Hadley to meet the deadline, assuming the program is a go. Between the 10 and 30 some purchasing decisions need to be made to plan the implementation. Sewer Betterment Deferrals Upon motion duly made and seconded, it was voted to approve the deferral of sewer betterment assessments for Reine and Louise O'Connor of 439 Lincoln Street and Charles and Eleanor MacLeod of 400 Lincoln Street until such time as the property is connected to the sewer or sold. Search Process for Town Counsel The Board feels it is important to look at what they want the requirements to be for town counsel and feel it would be a good idea to put together a committee who has experience in recommending legal services and who work in the legal community to define the requirements for a town counsel. Then an RFP would be sent and the committee would evaluate the proposals that come in. The school committee should be invited to participate. This process would prepare the Board for the town counsel appointment next spring. Selectmen's Meeting — May 20, 2002 Mrs. McKenna thinks it is a good time to examine the current legal situation and is concerned that we have been operating without any kind of contract or understanding. Reappointing through the normal time frame next spring makes sense, provided the Board has a firm commitment to really examine this issue and talk about how we are going to present the legal services. Mrs. McKenna is concerned about the legal expenses. The town seems to have spent $35,000 more in FY01 than what was appropriated. The Board would like an accounting from the Town Manager of what has expended in legal expenses for FY01 to Palmer and Dodge for School and Town and any other legal consultants that have been hired for the next meeting. Mr. Enrich thinks the town is very well served by one of the leading firms in Massachusetts. He is familiar with most of the firms that are active in this area and would be happy to be one of the people serving in that process and knows that Bill Dailey is also prepared to serve on the committee. He thinks the Board can put together a committee of people who bring real sophistication and expertise to the process and can do it in a thoughtful business like way over a period of several months and be in a position well in advance of the reappointment next spring to have a well supported recommendation for the Board. It will also be important for each Selectmen to try and think of good people to be on such a committee. Mrs. McKenna wants to emphasize that since it is the legal responsibility of the Board to appoint Town Counsel that we be informed on a regular basis on what the committee is thinking and what parameters they are talking about. The Board should have some interaction with the Committee. The sooner we start this process the better. Mrs. McKenna believes there should be some kind of contract that says X level of services are provided. She believes it is important, as a policy, that the Selectmen take the responsibility that is given to them under the Selectmen/Town Manager Act and bring the litigation back under the control of the Selectmen. Mr. Enrich thinks it would be useful for the committee to look at models of how other communities handle legal services and to consider options and discuss those with the Selectmen to arrive at a structure that both serves the Board well as representatives of the Town and serves as a monitor of the Town's budget. Mr. Lahey offered to supply example templates of how other towns bill their legal fees. Every community asks for slightly different information. Most public entities have to be careful about what gets disclosed when there is active litigation that is being billed because it is a public record once it is sent. Mrs. McKenna is also concerned about the management component and how do the Selectmen know what each case is about. How do we make choices as to how to proceed with each case? Selectmen's Meeting — May 20, 2002 Reappoint Palmer & Dodge Upon motion duly made and seconded, it was voted to reappoint the firm of Palmer & Dodge, LLP for a term to expire March 31, 2003. Referendum Upon motion duly made and seconded, it was voted to set the date for the Pay -as- you -Throw referendum for June 24, 2002. Upon motion duly made and seconded, it was voted to adjourn at 11:04 p.m. A true record, Attest: Lynne A. Pease Assistant to the Executive Clerk Selectmen's Meeting Minutes May 22, 2002 A regular meeting of the Board of Selectmen was held on Wednesday, May 22, 2002 at Clarke Middle School 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. Mrs. Krieger in calling the meeting to order explained that the meeting was intended to be a summit meeting that was called Monday evening and did not give time for the finance committees and School Committee to post the meeting. A majority of the Board of Selectmen on Monday evening voted to restore Saturday Lexpress service to come from free cash. The Board voted $177,000 worth of cuts contingent upon resumption of the PAYT program. Mrs. Krieger explained to the Finance Committee and School Committee members present that given they could not act as Committees, they were certainly invited to speak as individuals. Mrs. McKenna indicated she just wanted to point out to people that one of the concerns that came up was the free cash balance. There is an information sheet on the table for Town Meeting Members explaining where free cash stands. Mr. Enrich offered one informational point. When free cash was discussed, there was already an amendment pending from David Kaufman that would restore Lexpress and there was a lack of understanding what he was proposing. His intention is if it is restored that two offsetting reductions in the budget be made subject to the enactment of PAYT. The two items would be three of the added weeks for yard waste pickup and the funding for the Liberty Ride. Mr. Kaufman indicated that is an approximation of what I was going to amend. I was not making the other two subject to PAYT. I was going to make them offsetting, not contingent on PAYT or no PAYT. This would remove funding of three of the four additional weeks for yard waste pickup. Mrs. McKenna as a matter of clarification indicated her thought was that the intent is to reduce the funding for the Liberty Ride by $22,000, which is the shortfall. We don't have a problem with that. There are two things we have been trying to do. We are looking for grants and have already reported the $8,000 grant, and we have $5,000 from the Fund for Lexington and $2,500 from the Gammons Trust and another $7,500. We are asking local hotels to offer weekend packages where tickets would be included. They won't buy them until July 1. I feel comfortable with $22,000 being a source, feel uncomfortable about waiting on the other until after the June 24 referendum. I would not be supportive of the other $18,000. Mr. McSweeney indicated he was one of the Selectmen on Monday evening that voted to remove the contingent item for Lexpress and suggested taking $40,000 from Free Cash. I feel very uncomfortable making changes and talking about doing things differently to what has been done through the summit process. I do feel seeing a copy of the motions that had six or seven changes in the contingency amounts made me uncomfortable. I have a feeling Town Meeting will be Selectmen's Meeting — May 22, 2002 confused by the issue. I personally don't think it makes sense to talk about all of them. Lexpress was one that I would like to see outside the realm of any PAYT discussions. If PAYT does not prevail, I would not want to be in the position to lose Lexpress. Charles Hornig expressed concern over the process. We have had one that includes summit meetings. We reach a consensus together and that serves us very well. The action taken on Monday was completely inappropriate in a couple of ways. It relaxed the cash capital policy. The Selectmen can change their own priorities. Is Lexpress the prioritiy to raid free cash for? Having this sort of discussion on Town Meeting floor with 4 or 5 amendments will create confusion as changes are being made. The appropriate thing to do is put Town Meeting off another week. It gives us a chance to take a position. I would rather that you not make this change. If you do, give us a chance to react. Scott Burson, Paul Hamburger and Debra Brown all agreed with Mr. Hornig. Mrs. Battin indicated she told Town Meeting this is the last week. Rescheduling is a problem. Sheldon Spector indicated he is concerned about leaving out the finance committees. I am also concerned about leaving out the School Committee. They may have priorities. I did not attend Monday's meeting and did not hear what the judgment was for doing it at the last moment. Mr. Enrich indicated he had two thoughts to the level of concern that seems to be appropriate here. First, free cash is in a perilous situation. Second, in response to Mr. Spector, there has not been a ground swell to save PAYT. I think we are in an unfortunate spot. I would urge my colleagues to reverse their decision. Mr. Griffiths referring to Mr. Hornig's comments felt we have made some major cuts in cash capital this year. They aren't cuts. They are really deferrals. All of this is going to come back next year and we are going to have an operating override. Mr. Burson speaking on the process. There was value of the summit meetings. They gave us an opportunity to reach consensus on very difficult issues that have neither right nor wrong answers. I think there are more worthwhile areas. I think that the value of the summit process is that you do have true broad consensus. I think it will always be the case that any individual decision made can be second guessed. I think that the cost of the second guessing long term is very great. There is the trust and confidence that everybody has to bring to the table. I would regret that that confidence has been shaken by this. I hope moving to the future that we can work together. Mrs. McKenna asked whether the Committees have taken a position on Mr. Kaufman's amendment. Mr. Hamburger indicated the Appropriation Committee took a position on whether we would take free cash on any of these items. We took a position not to take any free cash. Mrs. McKenna felt what she was hearing is that it is not the restoration of Lexpress is so much the problem as the use of free cash. I might be persuaded. In other words, we would reinstate Lexpress and take $18,000 from the yard waste collection and $22,000 from the trolley. Selectmen's Meeting — May 22, 2002 Mrs. McKenna moved that we in fact reinstate the Saturday Lexpress service, change the funding source to $22,000 from the tourist shuttle and reduce the DPW line item by $18,000 and that we make that our main motion and also at the same time support it. Mr. Enrich felt that would be a vastly more responsible approach. I think what I am hearing from Mr. Hamburger is that the Appropriation Committee is not uncomfortable and I think we have heard from Mr. Burson they don't have problems with us just shifting within our own accounts. There are arguments against increasing the risk to the Liberty Ride to a modest extent. I think that the motion should be clearly we would like to put the yard waste pickup back if PAYT is restored. I would make a motion that Line Item 3000 DPW General expense be increased by an additional $18,000 provided that the appropriation is contingent upon the reinstitution of the PAYT Program. Mr. Kennedy seconded the motion. I am not an opponent of PAYT. I did make the motion Monday night. I am not sure a PAYT program can work without these. I was hoping that we could postpone a vote until we were more prepared. That is why I support this particular change. I do not like to raid free cash. I do want to continue the collaboration process. I support this particular amendment as Mr. Kanter has suggested and make both pieces contingent on PAYT. Mr. McSweeney reiterated for clarification that $22,000 for the Liberty Ride will not be contingent but the $18,000 will be. I feel that yard waste pickup is an important part of the program. I would support it being contingent. It was voted to reduce the revenue for the Liberty Ride by $22,000 and make the $18,000 for yard waste pickup contingent on the reinstitution of PAYT. Upon motion duly made and seconded, it was voted to adjourn at 7:50 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk