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HomeMy WebLinkAbout1997-03-BOS-min 61-1 Selectmen's Meeting Minutes March 3, 1997 A regular meeting of the Board of Selectmen was held on Monday, March 3, 1997 in the Selectmen's Meeting Room, Town Office Building at 7 30 p m. Chairman McSweeney, Mr Dailey, Mr Busa, Mr Fenn, Mrs Eddison, Mr White, Town Manager; Mr Cohen, Town Counsel and Ms Smith, Executive Clerk, were present Public Discussion Selectmen McSweeney, Fenn, Eddison and Busa paid tribute and presented gifts to outgoing colleague Bill Dailey Staff members throughout the evening also thanked Mr Dailey for his kindnesses and support throughout his twelve years as Selectman. Traffic Safety Advisory Committee Chairman of the Traffic Safety Advisory Committee Peter Chalpm brought six traffic matters before the Board Webb Street The Committee met with Mrs Carmen Maglitta, 10 Webb Street, to discuss her concerns about speeding traffic in the Webb Street/Young Street neighborhood. The Committee recommends periodic radar enforcement as the most appropriate measure that can be taken at this time Also, we have asked DPW to review the existing signing in the neighborhood and to replace any that have been defaced or have generally deteriorated. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee Tufts Road - Caution Children Sian The Committee met with Mrs Inna Radzihovsky, 6 Tufts Road, and four other neighbors to discuss their request for two "Caution Children" signs on Tufts Road. Since the warrants are satisfied, the Committee recommends that two signs be installed, one between 5 Tufts Road and 20 Fairbanks Road, and the other between 20 and 22 Tufts Road. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee 61-2 Selectmen's Meeting—March 3, 1997 Massachusetts Avenue at Oak Street The Committee met with Mrs Kathleen Johnson, 531 Massachusetts Avenue, and several other neighbors to discuss their concerns about using the existing crosswalk on Mass Ave at Oak Street It is the Committee's recommendation that a Pedestrian Flasher, like those in Lexington Center, be placed on this crosswalk. The volume and speed of traffic, and the width and alignment of Mass Ave in this area are such that the Committee believes that a Pedestrian Flasher will enhance pedestrian safety and increase the level of confidence of pedestrians In addition, we have requested the DPW to evaluate the street lighting on the approaches to this crosswalk to be certain that the lighting is adequate Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee Winter Street The Committee met with Mr Tom Ransohoff, 74 Winter Street, and three other neighbors to discuss speeding on Winter Street All agreed that Winter Street is used as a cut-through street between Bedford Street and Grove Street during the peak hours, although speed is a concern seven days a week. Over the years, the Board has approved Caution Children signs, Curve signs and a guard rail on Winter Street As with many other cases like this, increased enforcement, using radar, is the most effective tool that we have at this time The neighbors also requested that the existing yellow center line only be re-painted on the curves of Winter Street They perceive that the yellow line on the straight sections promotes higher speeds, a perception that the Committee is unable to factually challenge Therefore, for test purposes, we recommend that this request be approved. We will ask Mr Ransohoff to advise us of any changes which he may notice Upon motion duly made and seconded, it was voted to approve the recommendations of the Traffic Safety Advisory Committee 61-3 Selectmen's Meeting—March 3, 1997 Fiske Road at Fairlawn Lane The Committee met with Mrs Patricia Hagedorn, 17 Fiske Road, to discuss her request for a four-way stop at this intersection. As you may recall, two STOP signs on Fairlawn Lane were approved by the Board in 1987 A check of the accident records showed there were no accidents in this area in 1995 or 1996, and the warrants for a multi-way STOP are not satisfied at this location. It is therefore the Committee's recommendation that this request not be approved. During our investigation, Committee members noted that bushes on the easterly corner of 15 Fiske Road significantly reduce visibility at the intersection. These bushes are located within the Town Right of Way and the Committee recommends that they be removed. DPW should contact the owner of the property relative to removal either by the owner or by the Town. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee East Street at Emerson Road The Committee met with a group of Fiske School parents, the Principal and John Moynihan regarding conditions at the crosswalk on East Street at Emerson Road. In order to improve the visibility of the crosswalk, the Committee recommends that it be repainted with the zebra stripes that are used on Mass Avenue In addition, we recommend installation of two School Crossing Advance Signs and two School Crossing Signs Also, during the Spring, the School Department will do an evaluation relative to the appropriateness of a crossing guard at this location. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee 61-4 Selectmen's Meeting—March 3, 1997 Consent Agenda Water and Sewer Adiustments Upon motion duly made and seconded, it was voted to approve the following water and sewer adjustments a. Adjustments of water charges for 8/1/96 to 8/31/96 $13,786 58 b Adjustments of sewer charges for 8/1/96 to 8/31/96 $30,225 35 c Adjustments of water charges for 10/1/96 to 10/30/96 $3,069 68 d. Adjustments of sewer charges for 10/1/96 to 10/30/96 $7,067 59 e Adjustments of water charges for 11/1/96 to 11/30/96 $10,021 16 f. Adjustments of sewer charges for 11/1/96 to 11/30/96 $1,366 24 Ambulance Abatement Upon motion duly made and seconded, it was voted to abate the balance of an ambulance bill for Raymond Tyler, 8 Freemont Street, in the amount of$65 70 Class II License Upon motion duly made and seconded, it was voted to approve the application of Dr Paul Bombara, 2 Northgate Circle, for a Class II License for the Sale of Used Cars, provided that there be no storage of used cars at 2 Northgate Circle Lights at Center Playground Rick DeAngelis, Dick Perry and Larry Kohler were present to report to the Board on a fund raising effort to install phase two of plans made in 1985 to install lights at the Center Playground. They anticipate the cost to be $100,000 to $120,000 and have already raised $27,500 They hope to bring this phase to fruition without any cost to the Town. Mrs Eddison who was present at many of their Saturday morning meetings regarding this installation praised the group for the determination and energy they have given to this project Some neighbors were present to inquire about the time the lights would be on and were told that the lights are on from 8 00 p m. to 10 00 p m. 61-5 Selectmen's Meeting—March 3, 1997 Upon motion duly made and seconded, it was voted to endorse the program to install lights at the Center Playground. LexHAB - Spencer Street Property Chairman of LexHAB Marshall Derby and other members were present to describe a proposal to build a two family house on the recently acquired property at the end of Spencer Street Plans are to go through the local comprehensive permit process to get around some of the issues that need to be resolved such as insufficient frontage on Spencer Street and two variance requirements LexHAB first needs Selectmen approval, then will go to Massachusetts Housing and Urban Development and finally to the Board of Appeals Mr Derby reviewed concerns raised at a neighborhood meeting such as the size of the house compared to others in the neighborhood, two bedroom versus three bedroom units, use of the lot the neighborhood currently uses as a playground, retaining walls and drainage issues Neighbors expressing their concerns were Michael Brooks, Sue Martin, Regina Daus-Haberle and Sarah Garner Mr Derby indicated LexHAB will be happy to work with the neighborhood regarding their concerns LexHAB would like the Board's vote to go ahead with the plan. Mr Dailey asked if LexHAB would reconsider going with two two-bedroom units as opposed to two three-bedroom units It was decided to postpone a decision on the project to March 24 at 6 30 p m. Use of Battle Green - Easter Sunrise Service Upon motion duly made and seconded, it was voted to approve the request of the First Baptist Church to conduct an Easter Sunrise Service on the Battle Green on Sunday, March 30 at 6 30 a.m. Human Services Chairman of the Human Services Committee Jolley Anne Weinstock and other members of the Committee, Council on Aging members, CoA Director Nancy Freed and Human Services Coordinator Steve Baran were present to review requested appropriations for their Fiscal Year 1998 budget 61-6 Selectmen's Meeting—March 3, 1997 Members of the Enablement Committee were also present to review progress in meeting ADA requirements in the areas of curb cuts, providing more handicapped parking in Town and wiring meeting rooms for the hearing impaired. There was concern expressed about there being no drop-in center now and Ms Freed indicated they are looking at sites for the center Mrs Eddison cautioned them to avoid having the center next to functioning businesses as this was a problem when the center was at Depot Square Appointments/Reappointments LexHAB Upon motion duly made and seconded, it was voted to reappoint Gerald Howell and Eleanor Klauminzer to the Lexington Housing Assistance Board for terms to expire December 5, 1999 Fair Housing and Human Relations Committee Upon motion duly made and seconded, it was voted to appoint Stella Liu and Kathryn Gail Davis Lockhart to the Fair Housing and Human Relations Committee for terms to expire September 30, 1998 Town Manager's Appointment Recreation Committee Upon motion duly made and seconded, it was voted to approve the Town Manager's reappointment of Frederick DeAngelis to the Recreation Committee 855 Massachusetts Avenue Board Members agreed that Chief Casey and Steve Frederickson should be asked to check on the situation at 855 Massachusetts Avenue, talk to the landlord and report back to the Board within the next month on what is going on at this address, who is staying there and what authority the Town has 61-7 Selectmen's Meeting - March 3, 1997 Mr Dailey spoke of what a pleasure it has been working with his colleagues on the Board. He mentioned that other than the four members of the current Board, he had worked with only three other Selectmen. Jacquie Smith, Jack Eddison and Paul Marshall. He described his fellow colleagues as extraordinary people Upon motion duly made and seconded, it was voted to adjourn at 10 13 p m. A true record, Attest Phyllis A. Smith Executive Clerk 61-8 Selectmen's Meeting Minutes March 10, 1997 A regular meeting of the Board of Selectmen was held on Monday, March 10, 1997 in the Selectmen's Meeting Room, Town Office Building at 7 30 p m. Chairman McSweeney, Mr Busa, Mr Fenn, Mrs Eddison, Mr Enrich, Mr White, Town Manager and Ms Smith, Executive Clerk, were present Mr McSweeney opened the meeting by welcoming newly elected member Peter Enrich. NYNEX/Boston Edison Grant of Location - Blossomcrest Road Mr McSweeney opened a public hearing on the joint petition of New England Telephone and Telegraph Company and Boston Edison Company for a grant of location on Blossomcrest Road to relocate a pole so that Algonquin Gas can complete work in the area. There being no questions, Mr McSweeney declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition of the New England Telephone and Telegraph Company and Boston Edison Company to relocate poles, wires, cables and fixtures, including anchors, guys and other such necessary sustaining fixtures to be owned and used in common by the petitioners, along and across the following public way Starting on the southerly side of Blossomcrest Road, relocate pole number 186/22 from its present location, in a westerly direction, a distance of 24 feet (±) Consent Agenda Water/Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted to approve the following commitments and adjustments a. Commitment of water charges for 1/1/97 to 1/31/97 $14,558 51 b Commitment of sewer charges for 1/1/97 to 1/31/97 $17,433 21 c Adjustments of water charges for 1/1/97 to 1/31/97 $8,121 11 d. Adjustments of sewer charges for 1/1/97 to 1/31/97 $17,320 35 Letter of Support - Library Legislation Upon motion duly made and seconded, it was voted to send a letter in support of Library Legislation to the Town's legislators 61-9 Selectmen's Meeting - March 10, 1997 One-Day Liquor License - St Braid's Parish Upon motion duly made and seconded, it was voted to approve the application of St Brigid's Parish for a one-day liquor license for March 15, 1997 National Arbor Day Foundation Award Mr White announced that Lexington has been named a 1996 Tree City USA by the National Arbor Day Foundation for the tenth consecutive year Board members congratulated the Public Works Department and particularly Parks and Trees Superintendent Brian Gilbert for achieving this noted award. Mr Fenn also recognized Brian Gilbert for his initiative in applying for Fund for Lexington assistance to beautify Belfry Hill. Sidewalk Cafe Mr White explained that Bertucci's has applied once again this year for a sidewalk cafe permit from April through October, 1997 He assured the Board that they will be complying with all of the regulations imposed on them in prior years including supplying the Town with an insurance policy that indemnifies the Town. Upon motion duly made and seconded, it was voted to approve the application from Bertucci's Restaurant for a sidewalk cafe permit from April through October, 1997 from 11 00 a.m. to 11 00 p m. Budget Update Mr White reviewed the status of the budget gap since early January and made proposals to solve two of the three steps necessary to go into Town Meeting with a balanced budget He further explained that the gap as of February 27 was $776,527 and that meetings between representatives of the Board of Selectmen, School Committee, Appropriation Committee, Capital Expenditures Committee and the Town Meeting Members Association have resulted in a recommendation to use an additional $190,000 in free cash leaving a balance of$576,527, reduce the school and municipal budgets by 10% of the proposed increase and to achieve the additional $100,000 by taking advantage of the Pension Reform Act by applying pension income to pension related costs Mr White also reported that there is a $279,000 deficit in the school budget for FY97 due primarily to Special Education expenses 61-10 Selectmen's Meeting - March 10, 1997 Mr Fenn explained that the decisions described by Mr White were very painful to make and that the decision to reduce the stabilization fund request by $50,000 just pushes the funding off to the next year There are also philosophical differences between the Board of Selectmen and the Appropriation Committee concerning the Reserve Fund. Mr McSweeney explained the process that had started in October when it appeared there was a $2 million gap and the many Friday morning meetings working toward a balanced budget Mr Busa commended the School Committee and Selectmen group for all their hard work. He feels the Selectmen worked hard and successfully to keep the channels of communication open. Both groups were able to work cooperatively and amicably Mr Enrich also expressed how comforting it is to see how far the process has come He did express one concern and that is that there is still a need to address $83,000 worth of cuts and the need to look at what impacts the cuts will have both on the school and municipal side Upon motion duly made and seconded, it was voted to reduce the Town budget by $83,000, fund $100,724 from the Pension Fund and reduce the Reserve Fund to $150,000 Town Meeting Warrant Article Positions Board Members reviewed the following warrant articles and voted to support Article 8 Water Mains for $280,000, Article 9 Sewers for $560,000, Article 10 Sewer Rehab for $300,000, Article 11 Street Improvements for $700,000, Article 12 Water Meter Reading System for $550,000, Article 13 DPW Equipment for $392,000, Article 14 Building Envelope Program for $200,000, Article 15 DPW Mower Replacement for $47,000, Article 17 Fire Equipment for $45,000, Artilce 18 Elections Equipment to be Indefinitely Postponed, Article 22 Miscellaneous School Article for $1,155,000 and Article 24 Stabilization Fund for $100,000 The Board decided to take a position on other articles at a future meeting. Upon motion duly made and seconded, it was voted to adjourn at 9 00 p m. A true record, Attest Phyllis A. Smith Executive Clerk 61-11 Selectmen's Meeting Minutes March 17, 1997 A regular meeting of the Board of Selectmen was held on Monday, March 17, 1997 in the Selectmen's Meeting Room, Town Office Building at 7 30 p m. Chairman McSweeney, Mr Fenn, Mrs Eddison, Mr Enrich, Mr White, Town Manager; Mr Cohen, Town Counsel, and Ms Smith, Executive Clerk, were present Public Discussion Ellen McDonald, 50 Bridge Street, said she had been trying to get playground equipment at the Valleyfield play area for some time She was assured by both the Recreation Director and the Board that Valleyfield would be put on a list of playgrounds needing equipment and that when monies are available the Recreation Committee equips the playgrounds on a priority basis which involves many factors Lynn Knight, 24 Tarbell Avenue, asked the Board to consider supporting her article at Town Meeting which would put tax title lots at the Sutherland Playground and Tarbell Avenue under the management of the Conservation Commission and Recreation Committee Consent Agenda Upon motion duly made and seconded, it was voted to approve the following water/sewer commitments and adjustments a. Commitment of water charges for 2/1/97 to 2/28/97 $1,275 32 b Commitment of sewer charges for 2/1/97 to 2/28/97 $2,331 63 c Commitment of water charges for March, 1997 (Cycle 9) $89,828 16 d. Adjustments of water charges for 2/1/97 to 2/28/97 $1,300 38 e Adjustments of sewer charges for 2/1/97 to 2/28/97 $7,704 28 Recreation Enterprise Fund The Town Manager explained the tenuous situation of the Recreation Enterprise Fund and Recreation Director Karen Simmons explained three different scenarios that were reviewed in depth in an effort to keep the Recreation Enterprise Fund solvent The alternative chosen would rescind the FY97 capital article appropriation of$150,000 for Pine Meadows Improvements, limit the use of Recreation Enterprise Funds in the future to those capital projects that are directly related to fee generating Recreation Department programs including Pine Meadows, reduce the FY98 and future capital requests from $150,000 to $100,000, reduce the indirect payments to the Park Department from $176,230 to $75,000, adopt a policy to retain surplus revenue remaining at the end of each fiscal year until retained earnings not reserved are equal to 5% of the operating budget and generate $100,000 in new revenue from composting operation. 61-12 Selectmen's Meeting - March 17, 1997 Upon motion duly made and seconded, it was voted to approve the recommendations as presented by the Recreation Director Minuteman Vocational Technical High School Minuteman Vocational School Superintendent Ron Fitzgerald reviewed the school budget, cash policies, how revenue estimates are arrived at and Lexington's assessment for FY98 Permanent Building Committee Bill Bruckman, Chairman of the Permanent Building Committee reviewed plans for the renovations and additions to the six elementary, two middle and one senior high school which will take into account projected increased enrollment and programmatic needs Business Committee Working Group Mrs Eddison requested Board approval in forming a Business Committee Working Group to start work on some of the recommendations of the Business Committee to keep the momentum going. She recommended the group consist of Fernando Quezada, Julian Bussgang, Narain Bhatia, a liaison from the Planning Board and herself as liaison from the Board of Selectmen. There may be additional people added to the group after they get started. Any recommendations the group comes up with will be brought back to the Board. Mr McSweeney thanked Mrs Eddison and encouraged the group to get going with the endorsement of the Board. Upon motion duly made and seconded, it was voted to request Mrs Eddison and the Business Committee Working Group to start work on the recommendations of the Business Committee Use of Battle Green Upon motion duly made and seconded, it was voted to approve the request of the First Parish Church to use the Battle Green for its 150th Birthday Party Celebration on Saturday, September 20, 1997 One-Day Liquor Licenses Upon motion duly made and seconded, it was voted to approve the request and issue a one-day liquor license to the Museum of Our National Heritage for an auction on Saturday, April 12, 1997 61-13 Selectmen's Meeting - March 17, 1997 Upon motion duly made and seconded, it was voted to approve the request and issue a one-day liquor license to the Lexington Bicentennial Band, Inc on Saturday, April 12 at St Brigid Parish Hall. Reappointment of Registrar of Voters Upon motion duly made and seconded, it was voted to reappoint Mary C Abegg as a Registrar of Voters for a three year term expiring March 31, 2000 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of February 3, 1997, February 10, 1997 and February 24, 1997 Budget Mr White reviewed the recommendations of the Senior Management Team to reduce the budget by $83,500 The recommendations are 2420 Shared Expenses - Municipal Network $20,000 Mr White reported there are a number of issues around cable There is a proposal from Edison and RCN to provide video services to the community which goes beyond cable TV into Internet services, into billing services, into a whole host of other services There is a provision in the law that will allow us to require them to duplicate the same contributions that the cable company has made and if that is the case, we feel that we are on pretty sure footing that we should actually replace the dated coaxial system with a new fiber optic system and connect all of the buildings and have our own system and avoid any usage cost George has met with them and representatives of the cable committee at least once and the response we are getting seems to be positive and assuring. 3210 DPW Highway elimination of Retention Basins Program $15,000 George proposed and the senior management team agreed that given the fact that we haven't allocated any money for drainage work and given the fact that in comparison this is a new program competing with everything else, George felt that DPW expenses as it relates to the detention/collection system is something we could work on with the Conservation Commission and implement next year 4220 Fire - Prevention (reduction in size of vehicle to be purchased) $7,000 The Fire Chief recommended purchasing a regular vehicle rather than the utility vehicle originally proposed, thus cutting the cost by $7,000 61-14 Selectmen's meeting - March 17, 1997 8310 General Government - Comptroller $32,500 John Ryan and the Senior Management Team agreed that although the need can be documented for clerical assistance in the finance area, it can be dropped for this year; however, it will need to be reconsidered next year 5000 Cary Library Expenses reduction $9,000 Reduces the request for ports for computer equipment in one-half. Mr Enrich and Mr McSweeney requested that the Manager discuss the cut of the network maintenance budget with the Cable Committee Upon motion duly made and seconded, it was voted to accept the items mentioned by the Town Manager to make up the total cut of$83,500 and that the Town Manager discuss the $20,000 cut of the network maintenance budget with the Cable Committee Mr Fenn discussed prospective plans of recessing Town Meeting for the purpose of having policy discussions around several issues, namely, Free Cash, the Stabilization Fund and the Reserve Fund. He feels the Board should get some policy decisions from Town Meeting. Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call vote Mr McSweeney, Mr Fenn, Mrs Eddison and Mr Enrich to go into executive session for discussion of matters of collective bargaining with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10 45 p m. A true record, Attest Phyllis A. Smith Executive Clerk 61-15 Selectmen's Meeting Minutes March 24, 1997 A regular meeting of the Board of Selectmen was held on Monday, March 24, 1997 in the Selectmen's Meeting Room, Town Office Building at 7 00 p m. Chairman McSweeney, Mr Fenn, Mr Busa, Mrs Eddison, Mr Enrich, Mr White, Town Manager, Mr Cohen, Town Counsel and Ms Smith, Executive Clerk were present Public Comments Town Meeting Member Dawn McKenna inquired about why the Lexpress budget was still shown under the DPW budget Mr White explained that it is just a different line item under DPW That is the way it will be brought before Town Meeting. There will not be any change other than that LexHAB - Spencer Street Property Mr Derby first announced that LexHAB had taken a position not to build on the Tarbell site and therefore would be endorsing Article 35 which would transfer the Tarbell Site and the Sutherland School Site located at the end of Sutherland Road to the Conservation Commission for conservation purposes, including outdoor recreation. Mr Derby reviewed the status of the Spencer Street property He reviewed questions and concerns that were brought up at neighborhood meetings Although one suggestion was to build 2 bedroom units rather than 3 bedroom units, because there is a great need for three bedroom units LexHAB is proposing three bedrooms with two of them being small enough to fit only one child and thus shrinking the size of the house as well. Another concern related to the drainage situation was addressed by Town Engineer Frank Fields Creating a driveway cut will not cause an impact of any significance from storm water runoff. The drainage area in question does not extend to Follen Hill and is only 350 feet wide and 800 feet long being bounded on the sides by Mass Ave and the Bikeway then ending 200 feet before Maple Street Runoff flowing down the driveway will be conducted into a catch basin and then into the ground through an infiltrator system. Mr Fields also addressed two other concerns 1) DPW operation has been involved with the roadway design and see no problem in snow plowing the extended roadway 2) The project will comply with applicable portions of the Town's General By-Law for Wetland Protection which will protect nearby wetland resources Neighborhood residents raised objections to the lack of necessary street frontage, using the only remaining piece of open space in the neighborhood, use of the local initiative process, failure to notify all abutters of the LexHAB meeting, the whole process is moving too quickly 61-16 Selectmen's Meeting - March 24, 1997 Mr Derby explained that the parcel was part of the eight acre Augusta property deal and that LexHAB has bought an option to acquire the property and build a two family house on the site Mr Busa praised the hard work over the years of LexHAB to providing housing at various sites in Town for deserving people Mr Busa also expressed his preference for two bedroom units with the idea that the units could provide alternative housing for elderly couples Mr Fenn and Mr Enrich agreed that this was a good alternative Mr McSweeney explained that the footprint of the house would be 3,000 square feet leaving 25,000 square feet that will still remain open. Upon motion duly made and seconded, it was voted to request LexHAB to proceed through the local initiative permit process to build a two family house on the Spencer Street site GFOA Budget Award Mr White indicated that the Government Finance Officers Association has recognized the Town of Lexington's budget by awarding it the distinguished budget presentatin award. He thanked staff members for their dedication and hard work in achieving this award. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of March 3, 1997 Position on Warrant Articles The Board members discussed the articles coming up this evening. Upon motion duly made and made it was voted to support the following articles Article 3 Appointments to Cary Lecture Series, Article 26 Notice of Intent Fees, Article 29 Land Acquisition - Spencer Street, Article 30 Use of Driveway on Grandview Avenue, Article 35 Land Transfer; and with Mr Fenn abstaining Article 32 Accept Chapter 60, Section 3C of Mass General Laws Upon motion duly made and seconded, it was voted not to support Article 34 In Lieu of Tax Payments by LexHAB and Article 33 Amend Chapter 521 of the Acts of 1983 - LexHAB 61-17 Selectmen's Meeting - March 24, 1997 Budget Gap - Minuteman Vocational Technical High School Assessment Mr McSweeney explained the happenings of the last week where it was thought the budget gap had been resolved only to find out that Minuteman Vocational's Assessment puts the budget out of balance again by $250,000 There are some options such as using Free Cash or applying funds from the Sewer or Water Enterprise Funds Because the time is short and the Board members need to get over to Town Meeting Mr McSweeney asked the Board to vote to adjourn the meeting to Tuesday, March 25 at 8 30 p m. in the Selectmen's Meeting Room. Upon motion duly made and seconded, it was voted to adjourn to Tuesday, March 25 at 8 30 p m. A true record, Attest Phyllis A. Smith Executive Clerk 61-18 Selectmen's Meeting Minutes March 25, 1997 An adjourned session of the March 24, 1997 regular meeting of the Board of Selectmen was held on Tuesday, March 25, 1997 in the Selectmen's Meeting Room, Town Office Building at 8 30 p m. Chairman McSweeney, Mr Busa, Mr Fenn, Mrs Eddison, Mr Enrich, Mr White, Town Manager and Mr Cohen, Town Counsel, were present The last item of the Agenda, Budget review, was discussed. Since the last budget gap was closed, it has come to the attention of the Board that the amount carried for the Minuteman Regional Vocational Technical School was based on the prior year's assessment rather than the amount which has been certified to the Town for the forthcoming year This means that there is a gap of approximately $250,000 that now needs to be closed. Mr McSweeney presented a proposal to close the gap as follows Take an additional $185,760 from Free Cash and make a further reduction of$63,775 in the municipal budget Mr Enrich made a counter proposal whereby for one year the sewer enterprise fund would make a payment of$250,000 in lieu of taxes Discussion followed among the members as to the proposal they individually would endorse Mr Busa made a motion to endorse Mr McSweeney's proposal. The motion was not seconded. Mr Fenn's motion to endorse Mr Enrich's proposal was seconded and voted 3-2 with Mr Busa and Mr McSweeney voting in the negative It was further voted to actively pursue exploration of an in lieu of tax payment policy for enterprise funds and housing organizations It was further voted to confirm the Board's previous vote of a cash reserve policy Upon motion duly made and seconded it was voted to adjourn at 10 20 p m. A true record, Attest Elizabeth B Eddison Selectman 61-19 Selectmen's Meeting Minutes March 26, 1997 A regular meeting of the Board of Selectmen was held on Wednesday, March 26, 1997 in the Selectmen's Meeting Room, Town Office Building at 7 00 p m. Chairman McSweeney, Mr Fenn, Mr Busa, Mrs Eddison, Mr Enrich, Mr White, Town Manager, Mr Cohen, Town Counsel and Ms Smith, Executive Clerk were present Minuteman Vocational Technical High School Assessment Mr McSweeney opened the meeting and reviewed the adjourned meeting of March 25 As you know, two options were presented in an attempt to balance the budget We needed to find $249,535 Two proposals were put forward. The first proposal did not pass because the motion failed for want of a second. The failed proposal would have cured the deficit by drawing down cash reserves and reducing budgets by $64,000 The second proposal, adopted by the Board on a 3-2 vote deferred $249,535 of sewer appropriation set aside as a depreciation allowance for future sewer capital projects and transferred that amount as an in-lieu of tax payment to the general fund, thus eliminating the Minuteman deficit The issue of in-lieu-of tax payments is a policy initiative needing considerable thought, analysis and discussion. This action that we have taken does not establish a continuing practice In fact, a committee that we will appoint immediately after town meeting to analyze the worth and value of in-lieu-of tax payments will begin what I hope is a comprehensive and thorough community-wide discussion or hearing on the issue of in-lieu-of tax payments Unfortunately, I failed to ask you to formally adopt a position on cash reserves last night It is my understanding that this Board would look favorably upon a policy that would establish a goal to 1 ) Accumulate a free cash balance that is 5% of the tax levy and to do this within a 10 to 15 year period. 2 ) That the annual contribution to meeting this goal shall increase each year by a factor of 5/10 of 1% of the tax levy 3 ) That the beginning Free Cash balance to start the program is $560,527 4 ) That the Board review annually the components of this policy Upon motion duly made and seconded, it was voted to approve the recommendations as presented by Mr McSweeney 61-20 Selectmen's Meeting - March 26, 1997 Town Meeting Member Dawn McKenna said she had checked with the Middlesex County District Attorney's Office concerning the meeting held last evening. She was told that the meeting was in violation of the Open Meeting Law There should have been 48 hours notice given. She will be filing a complaint Mr Cohen explained that it was on his advice when the meeting was not finished Monday evening as there was one item left on the Agenda to adjourn Monday's meeting to a time and place certain. The Open Meeting Law is a State statute The Town abided by all the rules and the meeting was perfectly legal. It was noted that not only was the adjournment vote done in public and before the TV cameras, but also the Press was present at last evening's meeting. Article Positions There was much discussion among Board Members concerning Article 31 Town-Wide Referendum Vote Mr McSweeney and Mr Busa indicated they would be supporting Mr Tripi's article although they realized they were in the minority Mr Enrich felt the article was too stringent, the limits include all revenue sources other than the enterprise funds, it is unworkable by a sheer matter of process, it would necessitate holding a Special Town Meeting on short notice, and he feels the percentage is an arbitrary number creating an artificial expectation of the threshhold. Mr Fenn also said he had problems with the article feeling it is government by referendum. He too will be opposing the article It was decided 3-2 not to support the Article It was decided to support the following articles Article 25 Amend Article XXXII of General By- Laws, Wetland Protection, Article 36 Town Goals Relating to Hanscom Development, Article 37 Planning & Legal Services - Hanscom, Article 38 Hanscom Agreements Approval by Town Meeting; Article 40 Military Service Buy-Back; Article 42 Municipalization of Utilities There was considerable discussion on Article 23 School Renovation. Upon motion duly made and seconded, it was voted to agree with the whole plan and building program in concept It is expected that the Committee will return by Monday, March 31 with an exact number for the Article 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 61-21