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HomeMy WebLinkAbout2012-11-BOS-min Selectmen’s Meeting November 5, 2012 A meeting of the Board of Selectmen was held on Monday, November 5, 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. Public Comment Mr. Mehr, Town Meeting Member for Precinct 3 and member of the Electric Utility Ad Hoc Committee, spoke to an Nstar representative after the Sandy hurricane and suggests that the Selectmen reactivate the Electric Utility Ad Hoc Committee and file a formal complaint asking questions about when Lexington’s circuits were installed and whether they are open construction wires, tree wires or spacer cables. The Selectmen will discuss reactivation of the Electric Utility Ad Hoc Committee at a future meeting. Traffic Safety Advisory Committee Recommendations – Roosevelt-Wilson Mr. Cannon, Assistant Town Engineer, explained that the Lexington Public Schools requested that the Traffic Safety Advisory Committee (TSAC) review the existing traffic operations at the intersection of Wilson Road and Roosevelt Road. TSAC recommends that Wilson Road between Hastings School and Roosevelt Road be changed to a one-way as you exit the school. Upon motion duly made and seconded, it was voted 5-0 to approve the TSAC recommendation to change Wilson Road to a one-way road from the Hastings School property to Roosevelt Road. Proposed Community Preservation Act Capital Requests Greenways Corridor Committee – ACROSS Lexington Pedestrian/Bicycle Route System Mr. Abrams and Ms. Entin, members of the Greenways Corridor Committee, presented information on their request for Community Preservation funds for the ACROSS (Accessing Conservation land, Recreation areas, Open space, Schools and Streets) Lexington Pedestrian/Bicycle Route System project. They are proposing an additional 35 mile network of pedestrian and bicycle routes utilizing existing public ways, which will link many parts of the Town. They are requesting $17,625 to be used over three years to cover the costs for materials, GIS work and maps. Labor will be done by the Conservation Stewards and Greenway Corridor Committee volunteers at no cost. Tourism Committee – Tourism Sign Supplement Ms. McKenna, Chair of the Tourism Committee, presented information on the application for Community Preservation funds to supplement site specific signs as part of the FY2008 project Scope that still has $6,000. The signs would be located at Belfry Hill, the Visitor Center from Selectmen’s Meeting – November 5, 2012 Bikeway and Visitor Center near Meriam Street and Massachusetts Avenue. If they are allowed to use the existing money they can seek immediate Historic Districts Commission approval and add the signs prior to April 2013. The Board had no objection to the request of Ms. McKenna to move the Liberty Ride signage at the Obelisk to be nearer the crosswalk to the Hancock Church which would give the bus the full scope of the Battle Green, Obelisk and Harrington House. Tourism Committee – Visitor Center Ms. McKenna, Chair of the Tourism Committee, presented information on the proposed request for Community Preservation Fund to fund design work for renovating the Visitor Center. The Lexington Visitors Center Programmatic Report presented to the Selectmen in January 2012 identified the following programmatic needs: education room for tour groups, self-serve kiosk, visitor information counter space, Veterans display, retail space, indoor seating for snacks, restrooms and office and meeting space. Three options were presented: 1) to renovate the existing space; 2) to renovate and add small addition; and 3) to redesign and build new addition to meet programmatic needs and site. The Chamber of Commerce is not asking for the building to be renovated, but supports the Tourism request. Mr. Burnell is having discussions about the role of the Depot Building in handling the Liberty Ride tours and what the role should be with the Visitor Center. That discussion needs to be solved before consideration is given to the request to renovate the Visitor Center. Mr. Kanter, Capital Expenditures Committee, thinks the scope of the project needs to be determined before design and engineering funds are approved by the Community Preservation Committee. Mr. Kelley feels it is a legitimate project that the Selectmen should weigh in on before it goes to the Community Preservation Committee. FY2013 Proposed Operating and Capital Budget Adjustments Mr. Addelson reviewed the proposed FY2013 budget adjustments: Estimated Net Unallocated Revenue $3,093,000 Estimated Additional New Growth (tax levy) $ 800,000 Total Available Unallocated Revenue $3,893,000 Selectmen’s Meeting – November 5, 2012 Less: Pension Costs (additional appropriation) $1,000,000 OPEB Fund (additional appropriation) $ 500,000 Capital Projects/Debt Service Reserve/Building Renewal Fund $1,600,000 October 2012 Storm Related Expenses $ 200,000 Property and Liability Insurance $ 15,000 Other (evaluate potential land/building purchase) $ 30,000 Total Additional Appropriations $3,345,000 Available to Flow to 6/30/2013 Free Cash $ 548,000 Mr. Kelley cannot support additional funds for OPEB; he suggests the funds go to free cash or capital projects. Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed) to approve the proposed FY13 budget adjustments as presented, and to recommend the same to the Appropriation Committee, Capital Expenditures Committee and Town Meeting. Article Presenters/Positions The Selectmen reviewed the proposed list of which articles each Selectmen will be the presenter for. The Board also took positions on several of the Articles. The Board unanimously supported the following articles: Article 2 Amend FY2013 Operating, Enterprise Fund and Community Preservation Budgets Article 3 Establish and Appropriate to Specified Stabilization Funds Article 5 Estabrook School Access Improvements Article 7 Appropriate for Authorized Capital Improvements Article 9 Amend Non-Criminal Disposition Bylaw (Conservation Commission Fine Schedule) Article 10 Town Meeting Electronic Voting Bylaw Article 4, Appropriate to Post Employment Insurance Liability Fund, is supported by four Selectmen. Mr. Kelley does not support this article. The Selectmen are waiting for additional information on Article 6, Appropriate for New Estabrook School, and Article 8, Approve TIF Agreement(s). Selectmen’s Meeting – November 5, 2012 Consent Agenda Minutes Upon motion duly made and seconded, it was voted 5-0 approve the minutes of October 15, 2012 and October 22, 2012. Executive Session Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of October 15, 2012 and October 22, 2012. Documents Presented 1.ACROSS Lexington Pilot Route – 5.5 Miles. 2.Growing Tax Revenue from Tourists, Lexington Tourism Committee, Preliminary Presentation to the Selectmen on November 5, 2012. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session at 8:00 p.m. 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 5-0 by roll call to go into executive session to discuss strategy with respect to collective bargaining related to the Fire Union, Exemption 3. 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 to adjourn at 9:21 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting November 8, 2012 A meeting of the Board of Selectmen was held on Thursday, November 8, 2012, at 9:00 a.m. in the Selectmen Meeting Room of the Town Office Building. Acting Chairman Cohen, Mr. Kelley, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; Mr. Addelson, Comptroller; and Ms. Pease, Executive Clerk, were present. Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session at 9:00 a.m. 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 Acting Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Special Town Meeting The Selectmen reviewed the articles for the Special Town Meeting, who would be making presentations and plans for a dedication of the Margery Battin Hall. Upon motion duly made and seconded, it was voted 4-0 at 11:00 a.m. to recess the meeting until 7:30 p.m. in the Parker Room, Town Office Building, when the Appropriation Committee meets. Executive Session Present: Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Planning Board Members Mr. Canale, Mr. Hornig and Ms. Manz; Appropriation Committee Members. Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session at 9:00 p.m. 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 Acting 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 10:25 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting November 13, 2012 A meeting of the Board of Selectmen was held on Tuesday, November 13, 2012, at 3:30 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; Mr. Addelson, Comptroller; and Ms. Pease, Executive Clerk, were present. Special Town Meeting – Selectmen Position on Article 6 – Appropriate for New Estabrook School Mr. Goddard, Public Facilities Director, presented an overview of the Estabrook School project. The new proposed budget is $43 million. The School Committee is expected to vote on the proposed budget at their meeting tonight. Four of the Selectmen support Article 6. Mr. Kelley will wait for additional information. Executive Session - Vistaprint Tax Increment Financing Request Vote 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 Acting Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Vistaprint Tax Increment Financing Request Vote Mr. Valente explained that the Selectmen approved a TIF proposal for Vistaprint for $1,220,000. Vistaprint is evaluating the proposal as one of many components that they need to review before making a decision, including their lease arrangements and an opportunity outside of Lexington they have received. Vistaprint has stated many times that they cannot commit to Lexington even if the TIF is approved at the Special Town Meeting. Mr. Kanter asked if the Selectmen were satisfied with the clawback provision. Mr. Valente stated that the State has been very aggressive on the clawback provision in the last few years. He will check with Town Counsel whether the Town needs to take independent action. Ms. McKenna is concerned that the TIF proposal did not reach out far enough for Vistaprint who is a very important company that is important for Lexington. Ms. Mauger stated that a working group gave the Selectmen advice and that the Board believes the offer balances all interests. Selectmen’s Meeting – November 13, 2012 Mr. Kelley stated the consideration of a TIF for Vistaprint is one of many components that they will take into consideration when deciding where they will do business. The Selectmen did the responsible step of offering them a TIF equal to what was previously discussed. The other elements involved in making the decision are out of the Town’s domain. Upon motion duly made and seconded, it was voted 5-0 to approve the 95 Hayden Avenue Economic Opportunity Area (EOA), pursuant to MGL c. 23A, Section 3E, and approve the submission of an application for approval of the 95 Hayden Avenue EOA to the Massachusetts Economic Assistance Coordinating Council (EACC). Upon motion duly made and seconded, it was voted 5-0 to recommend that Town Meeting approve a proposed Tax Increment Financing (TIF) Plan, pursuant to MGL c. 40, Section 59, authorize the Selectmen to execute a TIF Agreement among Vistaprint USA, Incorporated, 95 Hayden LLC, and the Town of Lexington, as contained in the TIF Plan, for property located at 95 Hayden Avenue and authorize the submission of the TIF Plan and Agreement for approval to the EACC. Upon motion duly made and seconded, it was voted 5-0 to recommend that Town Meeting approve the acceptance of the proposed Certified Project application by Vistaprint USA, Incorporated, pursuant to MGL c. 23A, Section 3F and 402 C.M.R. 2.00, and authorize the submission of same for approval to the EACC. Special Town Meeting Mr. Kanter requested that Article 4, Appropriate to Post Employment Insurance Liability Fund, be taken up at the Special town Meeting prior to Article 2, Amend FY2013 Operating, Enterprise Fund and Community Preservation Budgets, and Article 3, Establish and Appropriate to Specified Stabilization Funds. The Selectmen will discuss at the November 19 Selectmen’s Meeting and also notify the Town Moderator who can make the decision on the order of articles. Town Meeting will make the final decision on the order. Mr. Pato, Appropriation Committee, requested that the Selectmen discuss and make a decision on remote participation soon. Documents Presented 1.Estabrook School Project Budget Overview, November 19, 2012. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 4:35 p.m. A true record; Attest: Lynne A. Pease, Executive Clerk Summit Meeting 2 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee November 15, 2012 A Summit was held on Thursday, November 15, 2012, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Ms. Mauger, Chairman, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance, Mr. Kalivas, Budget Officer and Ms. Pease, Executive Clerk, were present. Also Present: All School Committee (SC) members; Ms. Dunn, Assistant Superintendent for Finance and Business; Dr. Ash (arrived at 8:25 p.m.); all members of the Appropriation Committee (AC) with the exception of Ms. Garberg and Mr. Michelson; all members of the Capital Expenditures Committee (CEC), Ms. Masterman arrived at 8:25 p.m. Establish Date: Budget Collaboration – Summit 3 The next meeting will be scheduled for Wednesday, December 19, 2012. FY2014 Revenue Projections Projection by Revenue Source Mr. Addelson reviewed the FY2014 Projected Revenue from: Property Tax Levy, State Aid, Local Receipts, Available Funds, Revenue Offsets and Enterprise Receipts. FY2014 property tax levy is projected to increase $5.4 million, which is a function of the FY2013 levy limit increased by 2.5% plus an increment for new growth. FY2014 state aid is projected to remain unchanged from FY2013 level and will not be known until June 2013. There is a potential for an increase in Chapter 70 Education Aid of approximately $234,000 since the School Committee voted to eliminate the fee-based full day kindergarten program. FY2014 local receipts are estimated to increase by approximately $337,000 over FY2013 estimates. The major contributor to the growth is an increase in the estimate for Other Excise which includes meals tax, hotel/motel tax and jet fuel tax. FY2014 available funds are projected to increase by approximately $4.83 million, which is driven by an increase in free cash. The School Committee is recommending that $250,000 from the Avalon Bay School Enrollment Mitigation Fund be appropriated to fund a portion of the FY2014 School budget. Revenue Offsets are projected to increase by approximately $328,000, which is driven primarily by an increase in the set-aside for snow and ice deficits from $0 in FY2013 to the traditional set- aside of $300,000 in FY2014 to cover a potential FY2013 deficit. Summit 2 – November 15, 2012 Enterprise Receipts represents transfers from the water, sewer and recreation enterprise funds to the general fund to cover expenditures that support the operations of water, sewer and recreation departments. They will be level funded in FY2014, but may be revised upon completion of indirect cost analyses for each of the three enterprise funds. Revenues Set Aside for Designated Purposes represents components of Gross General Fund Revenues that are set aside for designated purposes. The amounts proposed for FY2014 are: 1.FY2013 Unanticipated Needs - $200,000 from free cash; 2.OPEB - $775,000 ($525,000 from free cash and $250,000 from health insurance savings); 3.Cash Capital - $2,000,000 from free cash; 4.Capital Stabilization Fund - $2,184,000 ($950,000 from free cash and $2,234,000 from health insurance savings); 5.Street Reconstruction - $1,890,074 ($850,000 from health insurance savings and $1,040,074 from tax levy); 6.Reserve for Federal Budget Reductions - $750,000 from free cash; 7.Municipal Building Envelope and Systems - $173,954 from tax levy; 8.Senior Tax Work-Off Program - $20,000 from tax levy; and 9.Unallocated - $2,474,222 from free cash. Ms. Mauger wants to focus on possible changes at Hanscom that will impact the budget. Policy Issues Policy issues for consideration: 1.Impact of federal budget reductions; 2.Use of reserves (free cash) for Fy2014 operating and capital budget and reserves; 3.Use of anticipated health insurance savings for FY2014 operating budget; and 4.Consideration of unallocated revenues. Review Special Town Meeting Articles – Outstanding Issues Mr. Addelson reviewed Article 3 – Establish and Appropriate to Specified Stabilization Funds, which has two parts: 1) create a Capital Projects/Debt Service Reserve/Building Renewal Stabilization Fund and appropriate $1,600,000 from the tax levy; and 2) appropriate $4,794 to the Transportation Demand Management/Public Transportation Stabilization Fund from the TDP Special revenue account. Vistaprint TIF Approvals The Board took an initial vote to approve a TIF for Vistaprint. The Town Manager and Comptroller will be making a few changes and will submit to Vistaprint for their consideration. Summit 2 – November 15, 2012 The Appropriation Committee and Capital Expenditures Committee remained in session. Upon motion duly made and seconded, it was voted to adjourn at 8:35 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting November 19, 2012 A meeting of the Board of Selectmen was held on Monday, November 19, 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, were present. Selectmen Concerns and Liaison Reports The Selectmen appreciate the work of Suzie Barry, Chair of the Town Celebrations Committee and its members and Ryan Lennon, Veterans Agent for their hard work on planning the Veteran’s Day Breakfast and the Veteran’s Day ceremonies. Vote and Acceptance – Gift of Land to Conservation – 187 Woburn Street The will of Barbara R. Handley bequeathed a portion of land that she owned at 197 Woburn Street (Lot 13 on Map 47) for conservation purposes. The Conservation Commission voted to accept the gift of land for conservation purposes on February 21, 2012. They determined that the acceptance of the parcel is appropriate because it is adjacent to existing town-owned land containing wetland resource areas off Solomon Pierce Road and serves as a buffer to protect the wetland resources. Since February the Conservation Commission has been working with Town Counsel to prepare the necessary paperwork for the Selectmen to approve. Upon motion duly made and seconded, it was voted 5-0 to approve the acceptance of gift of the Property by Deed from Timothy B. Pressey, Executor of the Estate of Barbara R. Handley, to the Conservation Commission, which acceptance of gift was approved by Vote of the Town of Lexington Conservation Commission on January 24, 2012 and reaffirmed by Vote of the Town of Lexington Conservation on February 21, 2012; and to authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, to complete the acquisition of the Property by the Town in Accordance with the applicable Conservation Commission vote, including without limitation signing closing forms and documents as well as settlement statements. Liquor License – Change of Manager – Bertucci’s Bertucci’s Brick Oven Ristorante provided all the necessary paperwork for a change of manager from Michael Emery to Brian Corsi. Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change of manager and issue an all alcoholic Common Victualler license to Bertucci’s Restaurant Corporation, d/b/a Bertucci’s Brick Oven Ristorante, 1777 Massachusetts. Avenue. Selectmen’s Meeting – November 19, 2012 st Set Dates for Closing Warrant for 2013 Annual Town Meeting, 2013 Town Election and 1 Session of 2013 Annual Town Meeting Upon motion duly made and seconded, it was voted to close the warrant for the 2013 Annual Town Meeting on December 28, 2012. Upon motion duly made and seconded, it was voted 5-0 to set the date for the Local Election for Monday, March 4, 2013. st Upon motion duly made and seconded, it was voted 5-0 to set the date for the 1 session of the 2013 Annual Town Meeting for Monday, March 18, 2013. Special Town Meeting Positions/Discussion Article 6 – Appropriate for New Estabrook School Mr. Kelley will wait for Town Meeting to decide on whether he will support Article 6, Appropriate for New Estabrook School. Article 4 – Appropriate to Post Employment Insurance Liability Fund Article 2 – Amend FY 2013 Operating, Enterprise Fund and Community Preservation Budgets Mr. Kanter, Precinct 7, intends to present a substitute motion to indefinitely postpone Article 4. He suggested that the $500,000 from Article 4 should be put into Article 2, Amend FY 2013 Operating, Enterprise Fund and Community Preservation Budgets, for the Pension Fund. He plans to submit a substitute motion if Article 4 is not approved to allocate $1.7 million to the Pension Fund instead of the recommended $1 million (Article 2). He asked what the Board’s intension was for the additional new growth amount of $740,000. Mr. Valente recommends that the additional $740,000 in new growth be certified and flow to free cash and then discuss at a Budget Collaboration Summit how the funds should be used. Mr. Kelley wants Article 4 to be defeated and an amendment to Article 2 passed for the pension. Ms. Mauger asked about the costs for retired employees - pension and health care coverage and noted that the cost of retiree health care is rising faster than the cost of the pensions. The forecasted increase is 6.25 percent per year for health care costs but salaries are not going up at that rate. Based on this information she asked Mr. Kanter why he would want to fund something with a lower cost profile going forward. Mr. Kanter explained that if the pension is fully funded there is a $5 million decrease in annual funding. So it is important to see the Pension Fund reach full funding so the Town sees a decrease in the annual cost of $5 million and then have a meaningful amount to start to address the OPEB liability. He applauds continuing the $500,000 per year annual contribution to OPEB. Selectmen’s Meeting – November 19, 2012 The investment income from the pension has been used to meet yearly requirements. The payments to retirees are paid out of the Pension Fund. The Town contributes, the employees contribute and the fund earns income from being invested. The income is used for retired pension benefits. Mr. Cohen feels the OPEB liability is huge and it is a good idea to put money aside when there is an opportunity to because it will benefit people in the future. He supports the recommendation of the staff. Mr. Kelley feels the funds should be used to improve the commercial tax base and does not support the recommendation for additional funds for OPEB. He prefers the new growth to flow to free cash. All of the Selectmen, except Mr. Kelley, support the recommendation of the staff to fund the additional $500,000 for OPEB under Article 4. The recommendation is as follows: 1. Pension Costs (additional appropriation) $1,000,000 (Article 2) 2. OPEB Fund (additional appropriation) $ 500,000 (Article 4) 3. Capital Projects/Debt Service/ Building Renewal Fund $1,600,000 (Article 3) 4. October 2012 Storm Related Expenses $ 200,000 (Article 2) 5. Property and Liability Insurance $ 15,000 (Article 2) 6. Remaining Unallocated to Free Cash $1,278,000 Reappointment – Tourism Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Denise Ricketts to the Tourism Committee for a term to expire September 30, 2013. Schedule Future Meetings The Selectmen will schedule meetings for December 17, 2012, January 7, 2013, January 14, 2013 and January 28, 2013. Approve Vistaprint TIF Agreement and TIF Financing Plan Upon motion duly made and seconded, it was voted 5-0 to accept the Vistaprint TIF Agreement, the TIF Property tax exemption schedule and the TIF Financing Plan, subject to any technical changes by Town Counsel. Selectmen’s Meeting – November 19, 2012 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 Oct 2012 Section 2 $2,268,616.47 Commitment of Water / Sewer charges Oct 2012 Cycle 9 Billing $251,542.51 Adjustments of Water / Sewer charges as recommended by WSAB $(14,475.98) Adjustments to Water / Sewer charges as recommended by WSAB $(1,053.00) Approve One-Day Liquor License – Neillios – December 5 Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to Neillios Catering to serve beer and wine on Wednesday, December 5, 2012, from 4:30 p.m. to 8:30 p.m. at the Depot Building for the Lexington Pediatrics Holiday Party. Ratify Poll Vote – One-Day Liquor – Neillios – November 16 Upon motion duly made and seconded, it was voted to ratify a poll vote to approve a one-day liquor license to Neillios Catering to serve wine on Friday, November 16, 2012, from 6:30 p.m. to 11:00 p.m. for the Alzheimers Association Reception at the National Heritage Museum. Sign Proclamation for Margery Milne Battin Hall Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation naming the main auditorium in the Isaac Harris Cary Memorial Building the Margery Milne Battin Hall in memory of Margery Battin who helped develop effective local government. Upon motion duly made and seconded, it was voted to adjourn at 6:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting November 20, 2012 A regular meeting of the Board of Selectmen was held on Tuesday, November 20, 2012, at 6:00 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Public Comment Mr. Binder of Winchester Drive noticed on the Warrant for the 2012 Special Town Meeting that there were a lot of appropriations and no dollar amounts. Mr. Cohen explained that there needs to be flexibility in the Warrant. He pointed out that there is more information available on the Town’s website. Ms. Mauger commented that when the Town sends out the Warrant it would be helpful to include the websites citizens can go to for more information about the individual articles. Citizens’ Academy Graduation th Ms. Stevens, Management Intern, reported that the 4 Citizens’ Academy has almost concluded. The participants were invited to tonight’s meeting for a brief discussion regarding their experiences. One goal of the academy is to familiarize the participants with the functions of various town departments but another goal is that they will find something they are interested in and get involved. A few members have already gotten involved in Town committees. Various participants gave feedback to the Selectmen. Mr. Keller of Franklin Road has lived in Lexington with his family since 1995. He wanted to say thank you for the Citizens’ Academy. It is an excellent way to find out about the Town and he is very impressed. Ms. Dephoure of Columbus Street has lived in Lexington for 45 years and thought the Citizens’ Academy was marvelous; she saw the announcement for it in the Globe and thinks that the Town should publicize it better. She also commented that information about street closings could be communicated better to the citizens. Ms. Foxman of Third Street has lived in Lexington for 22 years. She would suggest a more interactive website so that citizens can ask questions and get an answer. Ms. Mauger reported that there has been approval from Town Meeting to hire a new webmaster. She also explained that the Town has twitter for road improvements; there is LexEngage on the Town’s website for giving feedback, and various email lists that one can join to communicate with neighbors. Mr. Manz reported that citizens can sign up for email alerts which provide information about road work. Noise Barrier Discussion Ms. Hosmer of Constitution Road and Mr. Bowie of Ross Road made a presentation about noise issues in their neighborhood and asked for the Selectmen’s help in first, getting a professional highway noise study that is accepted by MassDOT; and second, working with MassDOT to create a priority project to build a sound barrier for Route 128/95N in Lexington. Selectmen’s Meeting – November 20, 2012 Mr. Valente will consult with Town Counsel who advised the Town in getting a noise barrier along Robinson Road and Turning Mill Road. He will try to get an understanding of what MassDOT standards are and what it would cost if the Board wanted to pursue a noise study. Ms. Mauger commented that once we have that information the Town will be in touch with Ms. Hosmer and Mr. Ross to see about next steps. The Town will also follow up with our State Senators and State Representative to get an update of where they stand on this issue. The Board has Ms. Hosmer and Mr. Ross’ permission to submit their presentation to the delegation. Tax Classification Presentation Mr. Addelson, Assistant Town Manager for Finance, introduced the Board of Assessors, Chairman Jackson, Mr. Grant, and Mr. Johnson, joined by Mr. Lent, Director of Assessing and Mr. Howry, Assistant Assessor. Mr. Addelson explained that the purpose of the initial presentation of the FY2013 Tax Classification Packet is to provide information to the Selectmen about factors that will affect the determination of the Fiscal Year 2013 tax rate. The presentation is in anticipation of the Board conducting a tax classification hearing for the setting of the FY2013 tax rate at its meeting on November 26, 2012. It was proposed that the Board set the tax rate at its meeting on December 3, 2012 at which time four votes will need to be taken: 1.Establish a residential factor 2.Determine whether to adopt the Open Space Discount 3.Determine whether to adopt the Residential Exemption, and if so, the percentage 4.Determine whether to adopt the Small Commercial Exemption Board of Assessors Chairman Jackson presented the Town of Lexington Fiscal Year 2013 Tax Classification Packet to the Board of Selectmen. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session at 7:21 p.m. to discuss strategy with respect to collective bargaining related to the Fire Union under Exemption 3 and to reconvene in Open Session. 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 return to open session at 7:35 p.m. Consider and Approve Fire Union Collective Bargaining Agreements Mr. Valente explained that the Board reviewed two collective bargaining agreements with the Fire Union: one for the period FY2010- FY2012 and one for FY2013. He reported that the Board’s discussion and deliberation was in executive session, but the vote would be in open session. Selectmen’s Meeting – November 20, 2012 Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to enter into collective bargaining agreements with the Fire Union Local 1491 for the period of FY10-12 and FY13, as provided under Section 9c of the Selectmen – Town Manager Act. Upon motion duly made and seconded, it was voted to adjourn at 7:43 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting November 26, 2012 A regular meeting of the Board of Selectmen was held on Monday, November 26, 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. Public Comment Mr. Mehr, 31 Woodcliffe Road, Town Meeting Member, Precinct 3, suggested that the Town ask the Department of Public Utilities to look into whether different wire should be used in Lexington when the Town is rewired in 2013. He also suggested that the Electric Utility Ad Hoc Committee be reactivated. Selectmen Concerns and Liaison Reports Mr. Manz and Mr. Kelley invite residents to come downtown on Friday, November 30, for the annual center lighting event from 5:00 p.m. to 7:30 p.m. Cocoa will be served, stores will be open and Santa drops by. It is not too late for donations to be made for the holiday lighting; checks can be sent to the Chamber of Commerce. There are also Lexington Symphony concerts at 4:00 p.m. for the youth and 8:00 p.m.. Town Manager Report Mr. Valente reported on two items: 1.A new biopharmaceutical company is moving to Lexington. Promedior, Inc will be located at 101 Hartwell Avenue. There will be a ribbon-cutting ceremony mid- December. 2.Three new Police Officers will be sworn in on Friday, November 30, at 2:00 p.m. Lexpress Pilot Program Ms. Rebecchi, Transportation Services Coordinator, requested that the Selectmen approve a Lexpress Pilot Program from January 1, 2013 through June 30, 2013 to help increase utilization of Lexpress and provide more affordable transportation services for seniors. The pilot program would offer rides to seniors (65+), riders with special needs and Medicare cardholders at no cost between the hours of 9:00 a.m. and 1:59 p.m. This pilot program will reduce the Lexpress revenue by less than $3,000. Senior/special need ridership is expected to increase between 30 and 50 percent during these off-peak hours. Mr. Levison, Co-Chair of the Transportation Advisory Committee, stated that the Transportation Advisory Committee supports this request. Studies suggest that an appreciable increase in Lexpress ridership during off-peak hours will result from eliminating fares. Benefits include Selectmen’s Meeting – November 26, 2012 encouraging travel for low-income seniors and special needs individuals who currently stay home because of the cost and reducing pollution and traffic congestion by encouraging those who currently drive during off-peak hours to take public transportation. Ms. Adler, Council on Aging Chair, read a letter from the Council on Aging Board supporting this pilot program. They see this pilot program as a way for seniors on fixed incomes to get around town for free at the very times of day when they are likely to need and/or want to do so. Upon motion duly made and seconded, it was voted 5-0 to approve a pilot program offering free rides to seniors (age 65+), riders with special needs and Medicare cardholders between the hours of 9:00 a.m. and 1:59 p.m. from January 1, 2013 through June 30, 2013. Plowing Bikeway Policy Staff and the Bicycle Advisory Committee updated the Procedures for Snow Removal for the Minuteman Bikeway. The revisions removed the references to 2011 and 2012 dates and reduced the number of warning barrels in section 8c by four, consistent with the actual number of barrels used last year. This procedure will now be able to stay in effect until the Town wishes to change it. Upon motion duly made and seconded, it was voted 5-0 to approve the Procedures for Snow Removal-Minuteman Commuter Bikeway, dated November 26, 2012, with minor corrections. Approve Busa Farm Lease Extension and Adjust Demolition Retainage Given the planned release of the Community Farm RFP for winter 2012, staff is recommending extending the Busa Farm lease for the 2013 growing season. Staff is also recommending reducing the Busa Farm Lease security deposit from $50,000 to $30,000, which will still be sufficient to cover any costs the Town may incur if the tenant does not leave the property in acceptable condition at the close of the new lease period. Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to extend the Busa Farm lease to November 30, 2013 and reduce the security deposit to $30,000. Tax Classification Hearing Mr. Addelson, Comptroller, reviewed the changes made since the Board of Assessor presentation to the Selectmen on November 20: Selectmen’s Meeting – November 26, 2012  A reduction in the FY2013 Maximum Allowable Levy Limit shown in Exhibit A in the amount of approximately $89,000 to reflect minor adjustments to excluded debt service and new growth (approximately $89,000 and $460 respectively). A minor reduction ($13,000) in industrial value affecting the presentations in Exhibits A, B and D-1. The impact of these changes is to reduce tax rates among shift factors in Exhibit A by 1 cent for residential and 1 to 2 cents for commercial/industrial/personal property.  For Exhibit D, a slight modification of the FY2012 values for Large Office Building and Downtown Retail.  For the presentation of FY2013 Assessed Value w/o New Growth in Exhibit D-1, a revision of the % increase/decrease over FY2012.  The Lab/Office combo in Exhibit D is presented as TBD as staff is still reviewing the presentation for this class of property. Mr. Jackson, Chair of the Board of Assessors, reviewed each Exhibit in the Tax Classification Packet: Alternative Tax Rate Scenarios for FY2013, Historical Levy Summary, History of Average Single Family Home and Tax Burden – FY1992 to Present, Tax Rate Shift Options and Property Comparisons, Changes in Assessed Values by Class: FY2012 to FY2013, Tax Factors and Tax Rates – Comparable Commercial Communities and Contiguous Communities, Top 25 Communities by Total Assessed Value, Tax Factors and Tax Rates for Aaa Rated Communities and Residential Exemption: FY2013 Property Impact Analysis. Mr. Addelson, responding to a question from Mr. Kelley stated $1.6 million of unallocated funds would be needed to reduce the tax levy to 2 percent (instead of 2.5 percent). Mr. Mehr, 31 Woodcliffe Road, feels it would be reasonable to give taxpayers a break. He also suggested looking into low assessments of commercial property. Mr. Pato, 900 Massachusetts Avenue, recommends that the Board not fully tax to the 2.5% ceiling and reduce the tax levy. Mr. Kelley encourages the Board to consider not taxing to the full maximum increase of 2.5% and also consider a classification rate of 1.67 because if would provide approximately the same percentage of tax burden to commercial and residential as they are seeing this year. Mr. Burnell suggested analyzing individual homes which would provide a better picture for deciding whether to reduce the tax burden overall and deciding on reducing the tax levy to 2%. Need to look at the equity between residential and commercial and how do we get commercial back to 20 percent of the total tax burden that had been true in the past. He would like to see a model that looks at the equity between residential and commercial that represents the percent of the total tax burden. Mr. Addelson will try to address the issue prior to the next meeting on the Tax Classification. The hearing was closed at 8:01 p.m. Selectmen’s Meeting – November 26, 2012 Presentation of Community Center Task Force Final Report Ms. Hussong, Chair of the Community Center Task Force, presented the Selectmen with the Final Report of the Community Center Task Force. She reviewed: what the committee was charged with, what has happened since the Interim Report, teen studies, senior studies, Vision 2020 studies, conversations with the League of Women Voters, community interviews, best practices, survey overview, needs, concept, recommendations, recommended facilities, next steps and conclusions. Dr. Dugan, Child Psychiatrist in Lexington and member of the Community Center Task Force, said he was a former advocate for a teen center but has been persuaded by the Committee to support a Community Center. The Community Center would add to senior center services and add on teen services and share space. Ms. Rizzo, LABBB, works with special needs adults and has a senior citizen mother. Once kids graduate from LABBB and stay in Lexington they need a place to access at all times of the day. For some senior citizens a Community Center would help create a sense of community. Ms. Koplow, member of the Community Center Task Force, visited a number of the community center sites and found that each one offered very exciting ideas. The Community Center provides an opportunity to bring together town services like Recreation and Human Services, to have intergenerational opportunities for seniors and teens to work together, for families to get together. The overriding concept is a Community Center would bring community spirit and a sense of community. Ms. Rhodes, Marrett Road and member of the Community Center Task Force, stated many agencies in town need more space to grow and the Community Center could help. Ms. Ho, member of the Community Center Task Force, hopes a Community Center will help keep Lexington programs in Lexington by having enough space to rent. Mr. Cohen supports a Community Center but reminds residents that there is a huge cost for this endeavor and the Town has to balance needs and taxes. Ms. Hussong, noted a variety of ways that Towns with Community Centers paid for the services. She believes the Town and community need to decide if they want to solve some of the current problems. Mr. Kelley asked the audience how they would react to a community center outside of the immediate center and how important a gym is to the success of a community center. Selectmen’s Meeting – November 26, 2012 Ms. Hussong did not survey for location but feels a community center on Marrett Road would be a great location. Parking and available public transportation are important to have. A gym is an important piece, especially for teens. Dr. Dugan feels a gym is central to the shared concept in a flexible use model. The biggest proponent for a gym would be Recreation who could use the gym all day long and pay for with program fees. Ms. Tutko, 16 Smith Avenue, frequents the Senior Center, but feels there are lots of issues and it is not the ideal space. The Marrett Road location would work well and that there is enough room to add a gym. Mr. Adler, Town Meeting Member from Precinct 1, really supports the idea of a community center. It would allow for evening events that are not possible currently at the Senior Center. Ms. McKenna, 9 Hancock Street, felt that seniors would prefer being outside of the center for ease of driving to the center and parking. She is concerned about decentralizing departments and suggests an analysis from staff on their thoughts and concerns. Ms. Skelland, Main Campus Drive, supports a Community Center and thinks businesses would contribute funds for naming of rooms. The Board will accept the report and take the recommendations under advisement. At a future meeting they will discuss next steps and how to move forward. Have to wait for the outcome of discussions on purchasing the land on Marrett Road and will have an interim report from the Townwide Facilities Master Planning Committee on December 17. Upon motion duly made and seconded, it was voted 5-0 to accept the Final Report of the Community Center Task Force dated November 26, 2012. Historic Districts Commission Appointment The term of Paul Ross as a full member representing the Historical Society expires on December 31, 2012. The Historical Society provided two nominations (Paul Ross and Lynn Hopkins) to fill the position. Mr. Kelley asked the Selectmen to consider appointing Ms. Hopkins instead of Mr. Ross because of Historic Districts Commission actions at 46 Bedford Street and the White House. Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed) to reappoint Paul Ross to the Historic Districts Commission as a full member representing the Historical Society for a term to expire December 31, 2017. Selectmen’s Meeting – November 26, 2012 Liquor License – Change of Manager – Tio Juan’s Margaritas Mexican Restaurant Tio Juan’s Margaritas Restaurant, 438 Bedford Street, submitted a request for a change of manager from Chad Faria to Steven Burtman. Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change of manager and issue an all alcoholic Common Victualler Liquor License to Lexington Mexican Restaurant Group, Inc., d/b/a Tio Juan’s Margaritas Restaurant, 438 Bedford Street. Upon motion duly made and seconded, it was voted to adjourn at 9:28 p.m. A true record; Attest: Lynne A. Pease Executive Clerk