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HomeMy WebLinkAbout2012-10-Bos-min Selectmen’s Meeting October 1, 2012 A regular meeting of the Board of Selectmen was held on Monday, October 1, 2012, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Town Manager Report Chief Corr, Police, provided information to the public regarding sex offender laws and where residents can get information and where they can get their questions answered. Town Counsel and Police will explore bylaw options and return to a Selectmen’s meeting with information. Hearing on FY2013 Water/Sewer Recommended Rates The hearing began at 7:14 p.m. The purpose of this hearing was to take public comments. Mr. Addelson, Assistant Town Manager of Finance, presented the proposed water and sewer rates: Sewer $5.8% increase, Water 1.3% increase and Combined $3.9% increase. At the request of Mr. Kelley, Mr. Addelson is looking at the proposed assumption of 250,000 hcf for the irrigation estimated usage. Mr. Kelley would like the Board to consider reducing the combined water/sewer rate to 2.5% by using some of the retained earnings. He asked Mr. Addelson to provide a breakdown of retained earnings might be if the water/sewer increase was reduced to 2.5%. Mr. Burnell is concerned the MWRA rates will increase rates because of their debt and does not think it is a good idea to reduce the combined water/sewer rate. He would like MRWA’s future projections to be part of the analysis Mr. Addelson will be doing looking at an increase of 2.5%. Mr. Kanter, Town Meting Member from Precinct 7 and member of the Capital Expenditures Committee, cautions that unless the increase in retained earnings is a recurring amount of money, it should not be used to reduce the water/sewer rate because it may lead to a higher step the following year. Mr. Cohen agrees with Mr. Burnell and Mr. Kanter. He does not agree with using retained earnings to reduce the water/sewer increase to 2.5% since retained earnings are occasionally used for capital projects and because of possible rate increases from MWRA. The hearing was closed at 7:26 p.m. At the October 15 Selectmen meeting it is anticipated that the Board will vote on recommended rates. Selectmen’s Meeting – October 1, 2012 Presentation by Vistaprint – Proposed Expansion Mr. Valente explained that Vistaprint is considering expanding its corporate headquarters in Lexington. They currently occupy the Ledgemont 2 building. In 2009 the Town approved a CD rezoning for a new building adjacent to this site, currently identified as Ledgemont 3. Vistaprint is evaluating whether to lease this proposed building for its expansion. Vistaprint is also requesting that the Town consider granting them property tax relief through a Tax Increment Financing Agreement (TIF). Vistaprint representatives included: Chris Connors, Vice President, Capabilities; Michael Grenier, Vice President and Chief Accounting Officer; John Love, Senior Director of Real Estate, Construction and Facilities; and Lynn Tokarczyk, Government Incentives Consultant. They made a power point presentation that provided a company overview, community involvement, local economic impact, proposed expansion plans, proposed job creation plans (300 new permanent full-time jobs), proposed investment plans ($45 million in construction costs and $7 million for leasehold improvements); and why they will be requesting a TIF. Mr. Valente is putting together a team that includes Selectman Mauger; Mr. Addelson, Assistant Town Manager for Finance; Ms. Tintocalis, Economic Development Director; Ms. McCall- Taylor, Planning Director; Mr. McWeeney, Chair of the Economic Development Advisory Committee; Mr. Canale, Chair of the Planning Board and Ms. Krieger, to review the TIF request. Ms. Bohart, Executive Director for the Lexington Chamber of Commerce, spoke about two great business symposiums that Vistaprint put on that were well received by Lexington businesses. Also, Vistaprint provides the opportunity for residents to live and work in the same town. Mr. Hartzell, Complex General Manager Starwood Hotels and Resorts Worldwide (aloft and Element Lexington Hotels), considers Vistaprint a true partner. They have hosted new hires and large corporate clients at the aloft/Element, which generates revenues for the aloft/Element and also local businesses. Ms. McKenna, Tourism Committee, believes Vistaprint is the kind of business wanted in Lexington by bringing in cultural tourists, which provides a benefit to Lexington businesses. Presentation on Town Meeting Electronic Voting Article Mr. Pato, Town Meeting Member, made a presentation on a proposed article for the November 19 Special Town Meeting to permit an Electronic Voting system. The objectives of the electronic voting system would be to improve transparency for members and residents, integrate with official voting process, speed up the conduct of meetings, unambiguous, accurate and ease of use. The goal of revising the bylaw is to enable electronic voting and clean up existing language, making sure the existing system is preserved, the bylaw is specific enough to ensure confidence and leaves the details to the operating rules. Selectmen’s Meeting – October 1, 2012 The wording of the proposed article is: To see if the Town will vote to amend Chapter 118 Section 17 (Voting) of the Code of Lexington to permit, as an additional method, the electronic casting, recording, display, and reporting of votes taken at Town Meeting; and to make other updating changes to that Section; or to act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the Request of the Town Meeting Members Association) DESCRIPTION: The proposed amendment adds electronic voting to the voting methods allowed at Town Meeting. Electronic voting allows individual Town Meeting Member's votes to be recorded and available for examination by constituents without the procedural overhead associated with manual roll-call votes. The amendment replaces the text of Chapter 118 Section 17 in its entirety to (1) permit electronic voting; (2) restructure the presentation of voting methods; (3) clarify language; and (4) modernize reporting methods. FY2013 Budget Update Staff conducted an analysis of the current balance of unallocated revenue taking into consideration final actions of the annual town meeting and post town meeting adjustments, which yields a revised balance of unallocated revenue of $2,893,000. The upcoming November 19 Special Town Meeting presents an opportunity to appropriate the unallocated balance for particular purposes. Potential uses of the revenue are: $1,000,000 million for pension costs to reduce the unfunded liability, $500,000 for OPEB Fund and $1,393,000 for Capital Projects/Debt Service Reserve/Building Renewal Fund to stave off the peak of payments due for capital projects. An Actuarial study is being done to help provide information on what amount would be best applied to the pension costs. A significant component of the unallocated revenue is attributable to the Town joining the GIC and will recur as unallocated revenue in subsequent fiscal years. A table was provided showing preliminary estimates of gross unallocated revenue in FY2014 through FY2017. These unallocated revenues will be discussed during the FY2014 budget process during Summit meetings. Potential Town Meeting Warrant Article: Amend General Bylaws, Chapter 1-6 Non Criminal Disposition, Conservation Commission Mr. Valente explained that the Town General Bylaws currently allow the Conservation Commission to impose fines of up to $200 for violation of regulations for the use and governance of all Lexington conservation lands. The Town recently learned that State law limits Conservation Commission fines to $100. Town Counsel advises that the current bylaw be amended in order to permit non-criminal disposition fines as an enforcement mechanism. Selectmen’s Meeting – October 1, 2012 Staff requests the Selectmen include in the Special Town Meeting warrant an article to amend this bylaw. The Conservation Commission will meet on October 2 to discuss a new fine structure not to exceed $100.00. They also will hold a public hearing on October 16 before making their recommendation to the Selectmen. Selectmen Committee September Reappointments/Appointments Board of Appeals Upon motion duly made and seconded, it was voted 5-0 to appoint Frederic Johnson to the Board of Appeals as an Associate for a 1-year term to expire on September 30, 2013. Energy Conservation Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Joseph Musacchia to the Energy Conservation Committee for a 3-year term to expire September 30, 2015. Mr. Prabir did not wish to be reappointed. Gammel Legacy Trust Upon motion duly made and seconded, it was voted 5-0 to reappoint Marie Hill and Jacquelyn Ward to the Gammel Legacy Trust for a 1-year term to expire September 30, 2013. Greenways Corridor Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Stewart Kennedy from the Greenways Corridor Committee, effective immediately. Human Rights Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Melissa Buttaro, Fuang- Ying Huang and Sean Osborne to the Human Rights Committee, for 3-year terms to expire September 30, 2015. Approve Common Victualler and Entertainment License for Vine Brook Tavern Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler License and Entertainment License for Great Road Tavern, Inc., d/b/a Vine Brook Tavern, located at 20 Waltham Street, subject to their receiving an approved Certificate of Occupancy from the Building Department and approvals to open from the Health Department. Future Meeting Dates The Selectmen will schedule meetings on the following dates: Monday, November 19, meet at 6:00 p.m. prior to Town Meeting at 7:30 p.m. Tuesday, November 20, for the presentation by the Assessors on the proposed tax rate Selectmen’s Meeting – October 1, 2012 Monday, November 26, public hearing on the proposed tax rate Monday, December 3, vote the tax rate Department Budget Presentations will be made to the Selectmen on December 4, 6 and 7 beginning at 8:00 a.m. Consent Agenda Approve Use of Balance in Liberty Ride Gift Account to Offset FY2012 Liberty Ride Expenses Upon motion duly made and seconded, it was voted 5-0 to approve using the balance in the Liberty Ride Gift Account to offset the FY2012 Liberty Ride Expenses. Establish Selectmen Gift Account for Town Celebrations Committee Fundraising Efforts Upon motion duly made and seconded, it was voted 5-0 to establish a Selectmen Gift Account for the Town Celebrations Committee and approve their fundraising efforts at the request of the Town Celebration Committee in letters dated September 27, 2012 (one letter requests the Board establish the fund and the other asks the Board for permission to solicit funds). Approve Veterans Day Events, November 12, 2012 Upon motion duly made and seconded, it was voted 5-0 to approve the Veterans Day events on November 12, 2012, as proposed in a letter dated September 28, 2012 from Suzie Barry, Chairman of the Town Celebrations Committee. Executive Session Upon motion duly made and seconded, it was voted 5-0 to go into executive session to discuss strategy with respect to collective bargaining related to the Fire Union and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Summit Meeting 1 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee October 3, 2012 A Summit was held on Wednesday, October 3, 2012, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Ms. Mauger, chair, Mr. Kelley, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance, Mr. Kalivas, Budget Officer and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: All School Committee (SC) members with the exception of Ms. Stewart, Ms. Steigerwald and Ms. Coppe; Dr. Ash, Superintendent of Schools; Ms. Dunn, Assistant Superintendent for Finance and Business; all members of the Appropriation Committee (AC) with the exception of Mr. Michelson and Ms. Schonfeld; all members of the Capital Expenditures Committee (CEC). Procedure for Meeting Minutes for Summit Meetings Ms. Mauger reported that Ms. Chabot of the Selectmen’s Office will prepare minutes of the meeting and Ms. Pease, Executive Clerk will send an email to the committees about how to access the minutes. FY2014 Budget/Financial Discussion Overview – Lexington’s Financial Condition Summit participants were provided with an evaluation of the fiscal health of the Town of Lexington for FY 2000 - 2012, presented through a series of financial indicators and, where appropriate, comparative benchmarks. Overall, Mr. Valente reported that Lexington’s financial condition is generally sound. In particular, Lexington has positive revenue growth, stable labor costs as a percentage of total operating costs, adequate pension funding, a good balance of revenues related to economic growth, low debt service, and adequate reserves. Lexington’s financial condition is satisfactory in the areas of expenditure growth. Lexington’s financial condition is unsatisfactory in the areas of state aid and employee liabilities (with the exception of pension funding). In particular, Lexington continues to witness significant increases in employee benefit costs, and unreliable levels of state aid. Mr. Valente noted that the majority of financial indicators show that Lexington is in a favorable category. He discussed in more detail the indicators where the trend for Lexington was favorable to marginal (Revenues Related to Economic Growth), marginal (Employee Benefits, Pension Liability, Population) and unfavorable (State Aid). Mr. Bartenstein, Appropriation Committee, was surprised that in the year 2000 the Town only had $120,000 in debt service. Mr. Valente offered to go back to the source data and get back to Mr. Bartenstein. Summit Meeting 1 – October 3, 2012 FY2014-2016 Revenue and Expenditure Forecast Mr. Addelson, Assistant Town Manager for Finance, presented general fund revenue and expenditure projections for FY 2014 – 2016. He emphasized that the projection is not a proposed or recommended budget. Mr. Addelson noted that the forecasting methodology is a maintenance budget approach, that is, the projected increase in costs needed to maintain the current level of services reflected in the adopted FY13 budget. In general, it only includes increases driven by estimated inflationary pressures, current collective bargaining agreements and other existing purchase of service contracts. Revenues are generally projected based on historical experience. The difference between projected revenues and expenditures is characterized as “available balance/shortfall,” which means, the available balance that can be used to fund variable cost drivers such as capital projects, provide for salary increases, restore services eliminated or reduced in a prior fiscal year, fund reserves, etc. Mr. Addelson gave a summary of revenue/expense projections as follows: Revenue: FY2013 FY2014 FY2015 FY2016 Revised Projection Projection Projection Total: $160,406,519 $171,412,111 $168,132,693 $173,895,900 Expense: Total $160,406,519 $163,224,610 $164,296,648 $167,716,512 Surplus/(Shortfall): $ 0 $8,187,502 $3,836,045 $6,179,388 FY13 expenditures reflect the final Town Meeting action and FY13 revenues are revised and are based on post Town Meeting adjustments. There is an available balance of $0 but imbedded in the expense side is a figure of $3,093,221 which is the residual balance of unallocated revenue. Turning to expenditure projections for FY14, Mr. Addelson noted the $1 million increase in pension assessment from FY13 to FY14 which is due to the need for new mortality tables and poor investment experience over recent years. He also pointed out a 5% increase in Other Post- Employment Benefits (OPEB) funding and health insurance costs increasing at a projected rate of 6%. On the revenue side for FY14, Mr. Addelson noted that there is a current estimate of free cash at $12 million. Assumed use of this free cash is $1.5 million for Grove Street improvements related to the Estabrook School project, $1.5 million for cash capital program, $200,000 set aside for any budget adjustments needed in FY13, $525,000 for OPEB, and $4.3 million to support the FY14 operating budget. In FY14 there is a projected available balance of Summit Meeting 1 – October 3, 2012 $8.2 million. This figure is not inclusive of prospective collective bargaining agreements or additional debt service. Mr. Pato, Appropriation Committee, asked about the Health Insurance cost line being shown as the $21 million appropriated at Town meeting. He understood the actual cost figure was to be coming in at $600,000 lower. Mr. Valente explained that Staff updated the cost projections this week and the $21 million figure is right on target. FY2014 Budget Calendar Mr. Valente directed the group to Appendix G of the handout which has a budget calendar. Key Policy Issues Related to FY2014 Budget Mr. Valente presented some of the key policy issues that the group will be deliberating in a couple of months: 1.Allocation of estimated Free Cash – Mr. Valente commented that this is estimated at $12 million. He will likely recommend to the Selectmen that $1.5 million go for the Estabrook School offsite road improvements. 2.Financial Impact of Potential Increases in Pension Assessment 3.Funding of the OPEB Liability 4.Taxpayer impact of the Bridge, Bowman, and Estabrook Schools Debt Exclusion 5.Financial Impact of Collective Bargaining Agreements – Mr. Valente reported that this is an unknown at this point because the Town is still in negotiation with collective bargaining units. Special Town Meeting: FY13 Proposed Budget Adjustments, Options for Unallocated Revenue and Other Warrant Articles Mr. Valente reported that the Town is projecting a revised FY13 unallocated revenue balance of $3,093,221. The upcoming November Special Town Meeting presents an opportunity to appropriate this unallocated balance for particular purposes. Potential uses of this revenue are: first, to put an additional $1 million into the pension fund; second, to put an additional $500,000 into OPEB; and third, to consider creating a new stabilization fund - the Capital Projects/Debt Service Reserve/Building Renewal Fund - with $1,393,000. Mr. Levine, Appropriation Committee, asked Mr. Valente to go through the list of proposed Warrant articles for the November 2012 Special Town Meeting with the group. Mr. Valente made the following comments: Article 2 Amend FY2013 Operating and Enterprise Fund Budgets Most of this will be housekeeping changes other than the $3 million item and how that will be allocated. Summit Meeting 1 – October 3, 2012 Article 3 Establish and Appropriate to Specified Stabilization Funds This would be to consider creating a new stabilization fund - Capital Projects/Debt Service Reserve/Building Renewal Fund and putting money in to it. Article 4 – Appropriate to Post Employment Insurance Liability Fund This is the $500,000 into OPEB. Article 5 – Estabrook School Access Improvements $1.5 million for Grove Street improvements related to the Estabrook School project. Article 6 – Appropriate for New Estabrook School Dr. Ash reported that the project is at 60% design/development documents and it may be reasonable to assume a possible $2.8 million increase in the cost of the project. The Permanent Building Committee (PBC) has met to reduce the cost of that figure. The School Committee and PBC will be meeting on October 11, 2012 to discuss reductions to bring the cost of the project back into budget. In response to Mr. Kelley’s question about whether the project would be structured for bidding with add alternates, Dr. Ash commented that the possibility has been discussed but no decision has been made. Article 7 – Appropriate for Authorized Capital Improvements This is a placeholder for previous capital articles if the Town needs to do any budget adjustments. Article 8 Approve a TIF Agreement This is a place holder at this point. The Town has been approached by Vista Print. Article 9 Amend Non-Criminal Disposition Bylaw This is a housekeeping issue. The Town’s bylaw for Conservation Commission violations has a fine of $200 and by state law fines can not exceed $100. Article 10 Town Meeting Electronic Voting Bylaw The Town Meeting Members Association (TMMA) is proposing a change to the Town’s bylaw to allow for electronic voting at Town Meeting. There is no financial impact at the Special Town meeting but there may be at the Annual Town Meeting. Mr. Kanter, Capital Expenditures Committee, proposed not putting the additional $500,000 into OPEB and taking the newly announced additional $200,000 of unallocated revenue to increase the amount in the pension fund to $1.7 million. Mr. Addelson commented that the ultimate decision of what the pension assessment will be lies with the Retirement Board. Mr. Manz is sure that there is concern around the table about the $2.8 million figure mentioned by Dr. Ash and hopes that the next discussion of the School Committee will give a more detailed idea of where this figure came from. Summit Meeting 1 – October 3, 2012 Establish Date: Summit 2 Meeting The date of the next Summit meeting was set for Thursday, November 15, 2012. Documents Presented 2.Indicator Analysis Fiscal Years 2000 – 2012 3.Revenue and Expenditure Projections: Fiscal Years 2014-2016 4.Memorandum to Summit 1 Participants from Mr. Valente, Mr. Addelson and Mr. Kalivas Regarding Summit Agenda Item 4 – Special Town Meeting: Fy13 Proposed Budget Adjustments, Options for Unallocated Revenue and Other Warrant Articles 5.Proposed Articles for the November 19, 2012 Special Town Meeting Upon motion duly made and seconded, it was voted to adjourn at 8:21 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting October 15, 2012 A regular meeting of the Board of Selectmen was held on Monday, October 15, 2012, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Report The family of Margery Battin was very pleased that the Battle Green Flag was lowered in her honor for her memorial service that was held on Sunday, October 14. Mr. Manz took advantage of the flu clinic offered by the Town and thanked the Health Department. Vote the FY2013 Water/Sewer Rates Mr. Addelson, Comptroller, described the three alternative scenarios for rate increases:  Alternative 1 is a 3.9% combined increase;  Alternative 2 is a 3.6% combined increase based on revised usage assumptions for irrigation and increases to Tier 3 usage to capture growth in usage by Shire; and  Alternative 3 is a 2.5% increase requiring the appropriation of additional retained earnings and based on revised usage assumptions. Regarding whether funds need to be reserved to fund potential increases in future MWRA assessments, a table was presented showing projected increases for FY2013 through FY2017 based on a variety of assumptions. He also provided the final Department of Revenue certified retained earnings (as of October 10, 2012) for water ($2,066,566) and sewer ($1,310,716). Final certifications of water retained earnings was $134,566 greater than estimated and wastewater retained earnings was $8,284 less than estimated. Mr. Bartenstein, Appropriation Committee member, provided the Board with background information that supports his recommended revisions to the water and sewer rates for FY2013. He suggests: reducing the projected usage assumptions for Tier 1 and Tier 2 water and sewer usage to reflect a continuing downward trend; increasing the projected usage assumptions for Tier 3 water and sewer usage to reflect substantial increases in that category that have occurred over the last three years as Shire’s extremely water-intensive laboratory manufacturing operations have gradually come on line; and reducing the usage projections for irrigation water usage to reflect actual readings that have now been taken for the first installment of FY2013 billings in two out of the three sections. He does not recommend Alternative 3. Mr. Kelley asked for a motion to approve Alternative 3. There was no second to the motion. Selectmen’s Meeting – October 15, 2012 Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to establish the FY2013 water and sewer rates shown below: Residential/Commercial/Industrial Water Sewer Block 1 $ 3.20 $ 6.94 Block 2 $ 4.80 $11.34 Block 3 $ 6.33 $18.02 Irrigation $ 6.33 NA Municipal $ 2.27 $ 2.38 Hanscom/Lincoln Labs $ 4.72 NA VA Hospital $ 5.64 NA Bedford-water $ 2.29 NA Mr. Adler, Precinct 1 Town Meeting Member, hopes a study will be done on whether the prices charged to Hanscom and Bedford for water cover the costs and that Lexington is not subsidizing any amount. Child Safety Zone Presentation Ms. Mitzenmacher explained that in early October it came to the attention of many residents that a level III sex offender was seen in and around Lexington. What was learned is that many residents assumed that there was already a child-safety zone or other mechanism in place that would prevent a level III sex offender from being in close proximity to children, that there is a lack of understanding of a registered sex offenders rights regarding interaction with children, and there was confusion around how information regarding sex offenders in the community could be shared. Many residents are interested in creating a “Child Safety Zone” to help provide peace of mind for parents and act as a tool for law enforcement to better monitor documented sex offenders. Ms. Mitzenmacher and others have reached out to several stakeholders to gauge interest within the community and to get some education on the issue, including Chief Corr, the PTAs/PTOs and Town officials. They would like help in putting together a multi-pronged approach to community safety by: creating Child Safety Zones, educational programs for children and adults; and how to work and communicate with the police department. They would like help from the Selectmen to formalize a working group or task force that includes law enforcement, town officials and other stakeholders to come up with a process to create a town bylaw that will work for Lexington, write a warrant article and present at the Annual Town Meeting. The group would also include the educational piece. Chief Corr offered to reach out to other communities for examples of current bylaws. Selectmen’s Meeting – October 15, 2012 Mr. Cohen suggested that when the group has a draft bylaw that they present to the Selectmen before the end of December so it can be reviewed by Town Counsel and the Selectmen can place the article on the warrant for the Annual Town Meeting. Ms. Mitzenmacher is agreeable to creating a grassroots group to come up with a bylaw and education options, but wants guidance from the Selectmen and Town Counsel. The Selectmen would like Town Counsel and Chief Corr to report on what other communities are doing and what Lexington can do. Ms. Mauger will work with Ms. Mitzenmacher on how to proceed and formalize an approach. Kim Ryan, 39 Grandview Avenue, urged the Board to not delay action. She felt something needs to be put in place as soon as possible. Update on the Estabrook School Budget The following were in attendance for this item: all five School Committee Members; Dr. Ash, School Superintendent; Mr. Himmel and Mr. Favazzo from the Permanent Building Committee; and Mr. Goddard, Public Facilities Director. Ms. Coppe, School Committee Chair, explained that the 60% construction documents for Estabrook School are currently showing a $2.8 million increase in costs because of increases in the cost of materials. The project team has already identified ways to reduce that amount by $1 million and the School Committee has reviewed the suggested savings. There are concerns that the cost to remove the old school will not be known until much later and two Estimators are $800,000 apart. The project documents need to be sent out in early December in order to award a contract in early January in advance of other schools that will be going out to bid. Current gap is $1,235,702 which does not include any additional money for demolition of the old Estabrook or the $800,000 difference between Estimators. The School Committee is requesting approval for a range around $2 million. The additional funds need to be appropriated in case the bids come in higher. In that way, the project can still move forward. The scope of the project has not changed. Mr. Himmel explained that the need for additional dollars is because of a change in the market and the need to keep the project on a brisk path to bidding and moving forward with the same scope. A sufficient cushion is needed to move forward to ensure the project works. Mr. Goddard explained that after construction bids are completed and the contract is signed, MSBA will rework the project funding agreement to apply the actual construction dollars and will determine if contingency money is eligible for reimbursement. Previous experience is they do not allow additional reimbursement for price increases. Selectmen’s Meeting – October 15, 2012 Mr. Manz felt citizens might ask about what was being cut and whether it should have been in the scope to begin with. He feels there should be additional information and discussion of the changes. The Permanent Building Committee will decide on a recommendation for additional funds needed on November 8 and then will present to the School Committee, hopefully at their November 13 meeting, and then will schedule time to present to the Selectmen. Mr. Kanter, member of the Capital Expenditures Committee, wants to make sure that when the bids are opened that the Town has sufficient authority to award the contract. He applauds the decisions the School Committee has made so far to reduce the gap. Because of the uncertainty of the Estimator numbers and demolition costs, he suggests the Selectmen authorize between $2 and $2.5 million additional funds. There may not be sufficient time to refine the additional funds needed any further. Mr. Cohen agrees with Mr. Kanter. The project has been approved so money should be appropriated. Ms. McKenna, Hancock Street, requested that the School Committee review the changes to make sure they do not cut items that they will regret not having later. Mr. Adler would like to know if the Estabrook playground equipment funds could come from the Community Preservation Fund. Ms. Reisig, Precinct 7, has been attending meetings regarding the Estabrook School and feels it is a good project that should move forward. FY2014 Capital Project Request Review Mr. Addelson, Comptroller, presented the draft list of FY2014-FY2018 Capital Projects. The list will be forwarded to the Capital Expenditures Committee for review. Applicable projects will also be sent to the Community Preservation Committee for review. The projects on the list will be presented to the Selectmen during the department budget presentations. Mr. Kelley feels it is important to invest in commercial projects that could grow the tax base. He would like the Selectmen to focus on improvements to commercial areas and get the message out to the commercial areas about improvements. Selectmen Committee September Reappointments/Appointments Bicycle Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Patria Lanfranchi to the Bicycle Advisory Committee for a 3-year term to expire September 3, 2015. Selectmen’s Meeting – October 15, 2012 Board of Appeals Associates Upon motion duly made and seconded, it was voted 5-0 to appoint Richard Michelson to the Board of Appeals as an Associate Member for a 1-year term to expire September 30, 2013. Housing Partnership Board Upon motion duly made and seconded, it was voted 5-0 to appoint Suzanne O’Neil Jones to the Housing Partnership Board for a 3-year term to expire September 30, 2015. Policy Manual Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Deborah Brown to the Policy Manual Committee. Sidewalk Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Jeanne Canale and Mary Hosmer Fanucci to the Sidewalk Committee for 3-year terms to expire September 30, 2015. Tourism Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Mary Jo Bohart, Kerry Brandin, Bernice Fallick, Dawn McKenna, James Shaw and Lou Sideris for 1-year terms to expire September 30, 2013. Upon motion duly made and seconded, it was voted 5-0 to appoint Trish Kennealy to the Tourism Committee for a 1-year term to expire September 30, 2013. Change Housing Partnership Board Charge Upon motion duly made and seconded, it was voted 5-0 to approve the changes proposed by the Housing Partnership Board to reduce the membership from 17 to 15 voting members. Sign the Warrant for the November 6 State Election Upon motion duly made and seconded, it was voted 5-0 to sign the warrant for the November 6 2012 State Election Warrant. Sign the Warrant for the November 19 Special Town Meeting Upon motion duly made and seconded, it was voted 5-0 to sign the November 19, 2012 Special Town Meeting, allowing for minor changes as recommended. Town Manager Appointment – Council on Aging Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s appointment of Harry Allan Mackay to the Council on Aging for a 3-year term to expire May 31, 2015. Selectmen’s Meeting – October 15, 2012 Consent Sign Proclamation for Pancreatic Cancer Awareness Month Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation proclaiming November as Pancreatic Cancer Awareness Month. Use of the Battle Green – Lexington Minutemen Upon motion duly made and seconded, it was voted 5-0 to approve the Lexington Minutemen using the Battle Green on Sunday, November 4, 2012, from 2:00 p.m. to 4:00 p.m. for their Installation of Officers Ceremony. Ratify Poll Vote – Lower Battle Green Flag Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to lower the Battle Green Flag on Friday, October 12, 2012, in memory of Daniel Lucas, and on Sunday, October 14, 2012, for Margery Milne Battin. One-Day Liquor License – St. Brigid Parish Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for St. Brigid Parish to serve beer and wine on Friday, November 2, 2012, from 6:30 p.m. to 12:00 midnight for the Texas Hold’em Night/Fundraiser for Youth Scholarships. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of September 24, 2012, October 1, 2012 and October 3, 2012. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of September 24, 2012 and October 1, 2012. Documents Presented 1.John Bartenstein Memo dated October 12, 2012 – FY12-13 Water/Sewer Rate Setting. 2.Presentation to Board of Selectman on the Need for a Child Safety Zone in Lexington, Stephanie Mitzenmacher and Lisa Cohen, dated October 15, 2012. 3.Estabrook Elementary School Budget, dated October 13, 2012 Selectmen’s Meeting – October 15, 2012 Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss a potential real estate purchase and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m. A true record; Attest: Lynne A. Pease, Executive Clerk Selectmen’s Meeting October 22, 2012 A joint meeting of the Board of Selectmen and School Committee was held on Monday, October 22, 2012, at 6:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk; all School Committee Members; and Dr. Ash, School Superintendent, were present. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to the Town and School Department’s general collective bargaining strategy and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town and School Committee. Upon motion duly made and seconded, it was voted to adjourn at 6:40 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting October 31, 2012 A meeting of the Board of Selectmen was held on Wednesday, October 31, 2012, at 7:00 p.m. (rescheduled from October 29) in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Ms. Mauger welcomed the new Lexington Minuteman reporter, Marc Filippino. Town Manager Report Mr. Valente updated the Board on the progress of Nstar getting power on to customers after Hurricane Sandy, and roads that are still closed. He requested that the Selectmen adopt a Storm Debris Management Plan that would allow the hours at the compost facility to be extended and waive the fees for residents or landscapers disposing of storm debris from Lexington addresses until November 16. He also requested the Selectmen consider a budget adjustment to cover the additional costs to keep staff and contractors working 24 hours a day. Mr. Valente recognized and thanked all the employees who staffed the Emergency Operations Center and those who supported them. The Selectmen will adopt the Storm Debris Management Plan under the Consent Agenda. The request for a budget adjustment will be addressed under the Special Town Meeting FY2013 Budget Adjustment item. Public Comment Mr. Kanter felt the Code Red system was very effective during the storm and its aftermath and was much appreciated. Selectmen Concerns and Liaison Reports th The Selectmen participated in the 300 Anniversary Celebration Committee “Breeches, Bloomers, Bellbottoms, Oh My” Show over the weekend and were impressed with all the performances. The Selectmen attended the new Estabrook School groundbreaking ceremony on October 18, 2012. The Selectmen took advantage of the opportunity given to them by the School Transportation and Safety Study Committee to ride a school bus. They were impressed by the students thanking their bus drivers and also the bus drivers who know the names of all of the students they pick up every day. Selectmen’s Meeting – October 31, 2012 Noise Barrier Discussion with Citizen The citizen was unable to attend this meeting, but it will be rescheduled for a future meeting. Vote to Adopt the Proposed Dog Licensing Late Fees Ms. Hooper, Town Clerk, is reevaluating the dog licensing process, particularly in response to Chapter 193 of the Acts of 2012, An Act Further Regulating Animal Control, which stipulates that: the license fee for a spayed or neutered dog shall be less than the license fee for an intact dog; by vote of the Selectmen, towns may institute a no-fee license for a dog owned by a person aged 70 years or over; and License period - the period of time for which a municipal licensing authority prescribes the validity of a dog license, including the date of issuance of the license through the date on which the license expires, inclusive. She will return to the Board with some proposed changes sometime within the next month. Regarding dog licensing late fees, the current late fee was voted at the 1998 Town Meeting which changed the fee from $10 to $25. This fee has been assessed if the owner was 1 day late or 365 days late. The purpose of the 2012 amendment to Section 9-2, Subsection B of the Code of the Town of Lexington (Restraints of dogs required; Licenses) was to implement a late fee sliding scale depending upon the number of days/months for which licensing was overdue. The proposed 2013 late fee scale is: 7 days or less - $5; 8 days to 30 days - $10; 31 days to 60 days - $25; and 61 days ++ - $50. Upon motion duly made and seconded, it was voted 5-0 to approve the proposed 2013 late fee scale as proposed by the Town Clerk. Special Town Meeting FY2013 Budget Adjustments Mr. Kanter read the following comments: Thank you, Madam Chair. I’m David Kanter and I’m speaking today as a Precinct 7 Town Meeting Member—not as a member of the Capital Expenditures Committee. “I urge the Board to make an alternative allocation of the about three-million dollars of still- available FY2013 revenue. Rather than using any as a supplement to the already budgeted allocation to the Other Post-Employment Benefits (OPEB) Fund, I urge that the currently contemplated one-million-dollar supplement to the Pension Fund be increased by 700-thousand dollars and the then remaining balance of nearly one-point-four million dollars be used to fund the proposed new Capital-related Stabilization Fund. “In the past, the Board has urged funding toward the Town’s OPEB unfunded liability instead of toward other current needs—both in recognition that liability exists and to gain the investment return toward that liability that would accompany such funding. But the supplement toward Selectmen’s Meeting – October 31, 2012 OPEB being considered is not instead of being toward other current needs, so the question should be focused onto which of our unfunded liabilities those dollars should go. “As both the Pension and OPEB Funds have the same investment opportunities, funding one over the other does not provide any additional, potential, investment gain; so that shouldn’t be a factor. What I do see as a driving factor is that the Town has a current statutory responsibility in fully funding its pension liability not later than FY2040 and, to that end, our Retirement Board has amortization schedules upon which to direct each annual contribution to the Pension Fund. “As I learned at last week’s meeting of that Board, the new mortality data and that Board’s decision to use a slightly decreased investment-return parameter—7.75% versus 8.00%—have materially increased the future, projected, annual contributions—with a big increase for FY2014. That Board also extended the schedule to FY2030—still leaving the Town a 10-year “cushion” in case a further extension is needed. Although I understand discussions will take place with the actuary about some spreading of the increase in FY2014 over a limited number of years, that doesn’t diminish the fact we face a substantial increase in the future-years required pension funding. “I, therefore, believe it important that we first allocate the still-available FY2013 revenue to the Pension Fund rather than the OPEB Fund as, regarding the OPEB Fund: (1) we have no statutory funding responsibility at this time;(2) that liability so much greater than the pension liability that any amortization schedule which might be proposed in the future will most likely extend many decades out into the future; (3) the impact any additional 500-thousand dollars in FY2013 will have is unspecified; and (4) the Town has acknowledged the unfunded liability by having budgeted some, albeit-modest, funding toward it over the last several years. “It’s been mentioned that future accounting standards may required the Town to move its OPEB liability from just being a footnote to the Town’s financial statements to being an explicit liability in the Balance Sheet; however, we’ve also been told that from the footnote, alone, the rating agencies have already factored in that OPEB liability so any future change in presentation does not, by itself, make OPEB funding more important than pension funding. “Also to be considered is that once the Pension Fund balance has met its then-projected pension liability, the subsequent annual contributions drop dramatically to a level that’s just what’s needed to meet the Town’s then-current costs. At present, that drop in FY2031 is projected to be about 4-point-9-million dollars—and that relief on funding the pension side could be considered for application to the OPEB side. “You have my table, with comments, that shows the effect on the current amortization schedule from increasing the currently proposed one-million-dollar Pension-Fund supplement to my proposed one-point-seven million dollars. While some have characterized the difference as not meaningful, I disagree. I consider a cumulative one-point-four-million dollar reduction in the currently-projected future-years payments to the fund to achieve full funding is meaningful. Selectmen’s Meeting – October 31, 2012 “Because of that difference in projected funding of our statutory responsibility regarding the Pension Fund and the other factors I’ve mentioned, I urge the Board to acknowledge that it’s primary obligation at this time is to allocate funding it considers available for its unfunded liabilities—both in this instance and in the near future—to help assist the Pension Fund meet its obligations and, in the instant case, to make the supplement to the Pension Fund be one-point- seven-million dollars. “Thank you for your attention.” Mr. Mauger explained that she was part of the Working Group that reviewed OPEB contributions and they felt it was in the best interest of the Town to eventually move to a fully funded model, which would require discipline and a policy decision to establish a floor amount to put aside each year and if extra revenue were available to consider putting supplemental funds into OPEB. Mr. Addelson, Comptroller, reviewed the proposed FY2013 budget adjustments for the November 19 Special Town Meeting. The estimated net unallocated revenue is $3,093.00,. Suggested budget adjustments are: Pension Costs - $1,000,000; OPEB Fund - $500,000; Capital Projects/Debt Service Reserve/Building Renewal Fund (new Stabilization Fund) - $1,568,000; and Other - $25,000 (to evaluate potential land/building purchase). Preliminary estimates indicate an additional $800,000 in new growth will be available if certified. Mr. Addelson is recommending that $200,000 be used to fund the storm cleanup and $5,000 additional be made available for the evaluation of a potential land/building purchase. The balance could flow to free cash and be available in FY2014 for appropriation or it could be allocated now as an additional appropriation for OPEB Funding or Capital Projects/Debt Service Reserve/Building Renewal Fund. Mr. Kelley is concerned that the pension being fully funded has moved out 10 years over the course of 2 years. Mr. Addelson stated that the new mortality table being applied to the valuation had a significant impact on liability and also the amortization because they are using a “smoothing” methodology. The Retirement Board was concerned and decided to adopt a rate of return of 7 3/4. When that assumption is applied to funding schedules it also contributes to the increase in liability. The Retirement Board tracks the pension fund on a monthly basis and it is reviewed every month in detail with the assistance of a financial advisor that works closely with Retirement Board. Mr. Cohen said it is important for residents to know that employees contribute a lot to the pension fund. Also Lexington is always rated by PERAC to be very close to the top of all pension funds in Massachusetts. Selectmen’s Meeting – October 31, 2012 Mr. Kelley is comfortable with the $1 million appropriation for the pension. He would rather put the $500,000 additional recommended for OPEB into capital projects needs. The additional new growth money should go to free cash for FY2014. He suggests funds to cover storm damage costs be taken from the suggested capital projects/debt service reserve/building renewal fund item. He approves the additional $5,000 to evaluate a potential land/building purchase. Mr. Burnell is very comfortable with the current recommendations for OPEB appropriation and is ready to support appropriation at Town Meeting. Mr. Cohen feels the $200,000 for storm cleanup should be in the budget and come from the anticipated $800,000 additional new growth and since the Town declared a state of emergency some money may be received from FEMA. OPEB is a huge liability and the recommended additional funds should be used to reduce the liability. Ms. Mauger endorses the continued funding of OPEB and the other recommended budget adjustments. Request to Create Veterans Agent District with Bedford Mr. Valente explained that the Veterans Services Officer (VSO) for the Town of Bedford passed away unexpectedly in August. In the interim Lexington VSO Ryan Lennon and the Burlington VSO have been assisting Bedford in processing veteran benefits claims. Bedford has inquired whether Lexington and Burlington would be interested in forming a three-town VSO District, as allowed by State Statute. Lexington’s VSO has expressed interest; Burlington is not interested at this time, but would like to be considered in the future. If the Selectmen are interested, the Town Managers in Lexington and Bedford, working with the Lexington VSO, would like to approach the Massachusetts Office of Veterans Services to propose a two-town VSO district. The plan would place the Lexington VSO as the District Director and provide for hiring a part-time VSO to assist him with duties in Bedford. Benefits would include: each town having a backup VSO when the town’s primary VSO is unavailable; each town being able to draw on the District staffing during periods of heavy workload; Lexington’s VSO being able to train and mentor the VSO that is planned to be hired, decreasing the time for this new VSO to be fully trained; and there is no additional cost anticipated to the Town, although there have been discussions for Bedford to augment the Lexington VSO salary, to recognize his proposed new role as District Director. If the Selectmen are supportive of the concept, staff will develop a draft District Agreement for future review by the Selectmen in Lexington and Bedford. All the Selectmen are supportive of moving forward with this concept as presented. Selectmen’s Meeting – October 31, 2012 Approve and Sign an MBTA Resolution The Transportation Advisory Committee recommended that the Selectmen endorse a resolution calling for the Governor and Legislature to develop a comprehensive and long-term solution to the transportation crisis borne by Massachusetts communities. Upon motion duly made and seconded, it was voted 5-0 to endorse the proposed MBTA resolution and send it to the Governor and State Legislature. Liquor – Change of Manager – Element Lexington The Element Lexington, located at 727 Marrett Road, submitted the necessary paperwork to request a change of manager from Kathleen Murphy to Matthew Blanchette. Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change of manager to Matt Blanchette and issue an all alcoholic Innkeeper liquor license to Westin Hotel Management, LP d/b/a Element Lexington, 727 Marrett Road. Leary House Demolition Discussion The Selectmen previously determined that it would not be advantageous for the Town to retain the Leary house on Vine Street that the Town purchased in 2010. In 2011 the Selectmen instructed staff to apply for a demolition permit. At that time it was referred to the Historical Commission, which invoked the one-year demolition delay bylaw, which has now been satisfied. Mr. Valente asked if the Selectmen wanted to request Community Preservation Act (CPA) funding to demolish the structure. Mr. Kelley suggests using no CPA funding and to instead ask LexHAB to take responsibility for the cost to demolish the house and to do so as soon as possible. Ms. McKenna, 9 Hancock Street, asked the Board to reconsider demolition of the house. Mr. Kelley made a motion to ask the Town Manager to discuss with LexHAB whether they could take on the responsibility and cost to demolish the Leary house. Mr. Burnell seconded. Ms. Mauger asked for further discussion. There needs to be a plan that includes a discussion with the neighbors. Upon motion duly made and seconded, it was voted 3-2 (Mauger and Manz opposed) to ask the Town Manager to discuss with LexHAB taking on the responsibility to demolish the Leary house. Ms. Mauger and Mr. Manz feel funding should come from the CPA. Selectmen’s Meeting – October 31, 2012 Mr. Kanter, Capital Expenditures Committee, asked the Board to reconsider vote and consider requesting CPA funds for the demolition. Mr. Kelley’s intension was for LexHAB to use their own resources so the demolition could be done soon, rather than waiting for CPA funds to be available. He is fine with requesting funds from CPA, but wants LexHAB to be asked if they can do the work. Upon motion duly made and seconded, it was voted 5-0 to redirect the Town Manager to put a placeholder request with the Community Preservation Committee for funds for the demolition of the Leary House contingent on the answer from LexHAB. Support 2020 Vision Committee Community-Wide Survey The 2020 Vision Committee is planning a community-wide survey in January 2013 and requested that the Selectmen support the survey and introductory paragraph. Upon motion duly made and seconded, it was voted 5-0 to support the 2020 Vision Committee community-wide survey to be sent out in January 2013 and the proposed language for the introductory paragraph to the survey. Appointments Council for the Arts Upon motion duly made and seconded, it was voted to appoint Edwin Huberdeau to the Council for the Arts for a 3-year term to expire September 30, 2015. Policy Manual Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Scott Burson to the Policy Manual Committee. Resignation – Transportation Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Transportation Advisory Committee to accept the resignation of Martin Cohen from the committee, effective immediately. Approve Transportation Advisory Committee Charge Revisions The Transportation Advisory Committee requested that the Board approve the proposed revisions they proposed to the charge that eliminates errors in the current charge; reduces the members from 9 to 7 to better reflect the anticipated number of active members; allows for flexibility in the frequency of meetings; and better reflects the broad-based transportation-related aspects of the Committee’s work. Selectmen’s Meeting – October 31, 2012 Upon motion duly made and seconded, it was voted 5-0 to approve the proposed changes to the Transportation Advisory Committee charge. Grant Agreement – Historical Society Documents Preservation Project Upon motion duly made and seconded, it was voted 5-0 to approve the Grant Agreement for the Documents Preservation Project between the Lexington Historical Society and the Town of Lexington. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer commitments and adjustments: Commitment of Water / Sewer charges Sept 2012 Final Billings $8,935.73 Commitment of Water / Sewer charges Sept 2012 Cycle 9 Billings $259,761.06 Adjustments to Sewer charges as recommended by WSAB ($276.96) Adjustments to Water/Sewer charges as recommended by WSAB ($12,486.58) One-Day Liquor License – LexFUN Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to th LexFUN to serve all alcohol for their 70 Celebration to be held Saturday, November 17, 2012, from 7:30 p.m. to 11:00 p.m. at the Depot Building, 13 Depot Square. Use of the Battle Green – Promotion Ceremony Upon motion duly made and seconded, it was voted 5-0 to approve the use of the Battle Green to David Pendall for a promotion ceremony on Friday, November 30, 2012, from 2:45 p.m. to 3:30 p.m. Ratify Poll Vote – MPO Election Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to submit an Absentee Ballot for the 2012 MPO Election on Wednesday, October 24, 2012. Ratify Poll Vote – Margery Milne Battin Hall Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to name the Cary Hall the “Margery Milne Battin Hall” instead of the “Margery Milne Battin Auditorium”. Ratify Poll Vote – One-Day Liquor License – Town Democratic Committee Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to approve a one-day liquor license to the Lexington Town Democratic Committee to serve beer and wine for a pizza party/fundraiser social to be held Sunday, October 14, 2012, from 6:00 p.m. to 8:00 p.m. at the Depot Building, 13 Depot Square. Selectmen’s Meeting – October 31, 2012 One-Day Liquor License – Lexx Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to Lexx to serve beer and wine for the Lunatic Heroes Book Signing Event on Tuesday, November 20, 2012, from 5:00 p.m. to 11:00 p.m. at the Margery Milne Battin Hall, 1605 Mass. Avenue. Employee Recognition Proclamation Upon motion duly made and seconded, it was voted 5-0 to sign the Employee Recognition Day Proclamation proclaiming Tuesday, November 13, 2012 as the Town of Lexington Employee Recognition Day. Use of the Battle Green – Photo Shoot Upon motion duly made and seconded, it was voted 5-0 to approve the use of the Battle Green for a photo shoot by Jay and Julene Morgan on Thursday, November 1, 2012, or Friday, November 2, 2012, between 2:00 p.m. and 8:00 p.m. Ratify Poll Vote – Declare State of Emergency Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to declare a State of Emergency from 12:45 p.m. Saturday, October 27, 2012 until such time as the storm concludes and the public’s safety is insured. Storm Debris Management Plan Upon motion duly made and seconded, it was voted 5-0 to adopt the proposed Storm Debris Management Plan. Documents Presented 1.Draft Storm Debris Management Plan dated October 31, 2012. 2.David G. Kanter Comments to the Board of Selectmen, 31 Oct 2012, on Supplemental Funding of the Pension Fund versus the OPEB Fund. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session at 8:40 p.m. to discuss strategy with respect to collective bargaining related to the Fire Union. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to consider the purchase, exchange, lease or value of real property. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Selectmen’s Meeting – October 31, 2012 Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session as authorized under c. 59, ss. 5 and 60 to discuss potential tax exemption (Exemption 7) and to discuss the value of real property (Exemption 6). Further the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 10:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk