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HomeMy WebLinkAbout2011-12-21-AC-min-summit 3December 21, 2011 Minutes Town of Lexington Appropriation Committee December 21, 2011 Place and time: Public Services Building Cafeteria, 7:15 PM Members present: Glenn Parker (Chair), John Bartenstein (Vice Chair and Secretary), Joe Pato (Vice Chair), Robert Cohen, Mollie Garberg, Alan Levine, Eric Michelson, Jonina Schonfeld (after 7:45), Rob Addelson (ex officio, non - voting) Members absent: Dick Neumeier The meeting was called to order at 7:15 p.m. Reserve Fund Transfer Mr. Addelson made a short presentation in support of a proposed transfer of $40,000 from the Reserve Fund to secure an abandoned home located at 80 Oak Street that has been determined to be a danger to health and safety. Mr. Addelson reported that after the non - resident owner failed to respond to requests for remediation, a board of survey, which included the fire chief, town surveyor and one disinterested person, was convened pursuant to G.L. c. 143, §§ 6 -9 to inspect and report on the property. The board found broken windows, significant damage to the chimney, a fallen tree leaning against the porch, and a leaking oil tank. The board concluded that the damage is not so serious as to require demolition but that immediate action is required to board up the windows and to shore up the chimney and porch. Mr. Addelson advised that any expenses incurred to remediate these conditions will be charged to the owner and become a lien on the property. There are already substantial liens on the property for nonpayment of taxes. Once the building is secured, the Town may explore foreclosure and sale. The immediate concern, however, is to take the remedial measures necessary to ensure public safety. After a brief discussion, the Committee voted 7 -0 to approve the transfer of $40,000 from the Reserve Fund to the budget for the Department of Community Development, Account No. 10024102 - 52110, for the purpose of remediating conditions at 80 Oak Street that are a danger to health and safety. Budget Summit 3 At approximately 7:30 p.m., the Committee joined the Board of Selectmen, the School Committee, and the Capital Expenditures Committee for the third Budget Collaboration - Financial Summit for FY 2013 (Summit 3). The agenda items were: -1- December 21, 2011 1. Revised FY2013 Revenue Projections 2. Proposed FY2013 Revenue Allocation Model Please see the attached minutes of the Board of Selectmen, which are published on the Town web site at http://lexingtonma.gov/selectmen.cfm and which are also available in the Town Clerk's office, for details. A list of documents and other exhibits used at the portions of the meeting held in open session is attached. Executive Session — Coalition Bargaining Following the summit meeting, the boards remained for an executive session to discuss strategy with respect to coalition bargaining related to employee and retiree health insurance. A roll call vote of the Committee was taken on the following motion: Move to go into Executive Session to discuss strategy with respect to coalition bargaining related to employee and retiree health insurance and to reconvene in Open Session only to adjourn. Further, the Chairman declares that an open meeting discussion may have a detrimental effect on the bargaining of the Town. This motion was unanimously adopted, each member having voted in the affirmative. The Board of Selectmen assumed responsibility for recording and maintaining the minutes of the executive session as well as any documents or exhibits used at the executive session. The meeting returned to open session and was adjourned at approximately 11:30 p.m. Respectfully submitted, John Bartenstein Approved August 2, 2012 -2- December 21, 2011 Exhibits Town of Lexington Appropriation Committee Meeting Budget Collaboration — Financial Summit 3 December 21, 2011 1. Agenda posted by Glenn Parker, Chair, of Appropriation Committee meeting to be held at 7:15 p.m. 2. Agenda posted by Board of Selectmen of Selectmen's Meeting to be held at 6:00 p.m.; Budget Collaboration - Financial Summit 3 to be held at 7:30 p.m.; and Executive Session to be held at 8:30 p.m. 3. Budget Collaboration - Financial Summit 3 Packet, 12/21/11, containing: • Memo from Rob Addelson, Assistant Town Manager for Finance, 12/20/11, re Revised FY2013 Revenue Projections • Town of Lexington, FY2013 Revenue Projections, Town Manager's Office, Finance Department, Issued November 17, 2011, Revised 12.12. 11 • Summit III, FY2013 Revenue Allocation Model, December 21, 2011 4. Public Meeting Notice and Agenda, 12/13/11, of Executive Session to be held at approximately 8:30 p.m. -3- Selectmen's Meeting /Summit 3 December 21, 2011 A regular meeting of the Board of Selectmen was held on Monday, December 12, 2011 at 7:00 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Public Comment Ms. Tsvetkova, 42 Lowell Street, provided the Selectmen information on affordable housing compliance calculations and requested that the Board hold a public hearing prior to building on the Busa property. Selectmen Concerns and Liaison Reports Mr. Cohen commented on the loss of two former Town employees: Mary McDonough who was the Town Clerk for many years and the recipient of the White Tricorne Hat, and Marion Snow who worked in the Selectmen and Planning Board offices and was a member of the Town Celebration Committee for many years. Both women did lots of great things for the Town and will be missed. Liquor License Issues The Selectmen discussed four businesses who have not yet complied with all the requirements to receive their liquor licenses: Ruyi Restaurant, Knights of Columbus, Waxy O'Connor, and Buca Di Beppo. Ruyi Restaurant has an exhaust hood that is not functioning properly and the manager has known of the issue since June. The Manager needs to provide the Building Department with a plan for repairing the problems before the Building Commissioner can make a recommendation to the Selectmen whether Ruyi should receive their liquor license. The Knights of Columbus, Waxy O'Connor and Buca di Beppo have inspections scheduled and will not be given their liquor licenses until the Selectmen's Office receives the approved Certificate of Inspection. Upon motion duly made and seconded, it was voted 4 -1 (Burnell opposed) to hold the Ruyi Restaurant, Knights of Columbus, Waxy O'Connor's and Buca Bi Beppo liquor licenses until they receive their Certificate of Inspection signed by the Building and Fire Departments. The Selectmen were asked how they wanted to handle the Lexington VFW who had not complied with the Selectmen's Rules and Regulations for Clubs. Selectmen's Meeting — December 21, 2011 Upon motion duly made and seconded, it was voted 5 -0 to hold the Lexington VFW liquor license until the current manager provides evidence of alcohol awareness training or they provide the necessary paperwork for a Change of Manager. Town Counsel — Explain "Mixed Use" on Busa Propert y Mr. Batt and Mr. Pace, from Anderson and Kreiger, were asked to clarify the options for structuring mixed use restrictions for the Busa property. When Community Preservation Act money is used to purchase land a restriction must to be acquired. The options for this land are: conservation, agricultural and affordable housing restrictions. There are some advantages and disadvantages to each, but they can get complicated if the restrictions are combined or overlap in some way. Conservation restrictions provide a lot of flexibility and are used to preserve open space for a number of different needs, including conservation, agricultural and active recreational purposes, including building envelopes for associated uses or structures in association with agricultural uses. An agricultural preservation restriction does not have the same flexibility because it is focused more on an agricultural use and does not allow for recreational use and would be more challenging to find other uses for the property. An affordable housing restriction is strictly for affordable housing. A conservation restriction could be tailored to allow the uses the Selectmen desire within certain limits and could include an agricultural building, active recreation and open space use. Important to decide early what the land will be used for now and all possible future uses and then work with the State to get restriction issues addressed and hopefully approved. If there is a conservation restriction on the property with a farm use and want to run a ski operation in the winter the farm structure would be used to store farming and skiing equipment. If there is an affordable housing restriction and you want to store skis or farm equipment as long as the affordable housing units are preserved for affordable housing and the equipment did not change the use of the accessory space should be alright with the State but would have to be worked out. If want a multi use building with affordable housing and some community use (equipment storage, education space, etc.) what would be the proper restriction for the land on which the housing sits? This scenario would have to be discussed with the State. Normally it would be a conservation restriction with carve outs for other uses. It gets challenging when you have two uses in same building. If there is a failure with a conservation restriction or a failure with an affordable housing restriction there will be enforcement rights and if share systems then if enforcement actions on one restriction how does that affect the other. It would be more complicated to create the restrictions and more costly. Important to talk with State to see if they would approve and then decide if want to proceed. Selectmen's Meeting — December 21, 2011 Mr. Karnofsky, Bertwell Road, asked about whether an affordable housing restriction would allow sharing of building or adjacent building space and what about sharing parking. Mr. Pace stated the easiest route is an affordable housing restriction parcel and another parcel for other uses. Very often parking lots and access ways are shared and that could be worked out. There starts to be issues when systems are linked. Mr. Batt reminded the Board of the past experience of sharing the Muzzey Condominium space with the Senior Center. It is important to try to foresee potential conflicts with uses before consider mixed use. Mr. Bartenstein, Town Meeting Member Precinct 1 and member of the Appropriation Committee, asked about the use of an affordable housing restriction for specific units, which is possible, but if interested in defining upstairs as affordable housing and down as other use would need ruling from State and it would be more challenging to put together restriction and get approved by State. Ms. Kern, LexFARM, asked for clarification if an affordable housing restriction was used would other ancillary uses, including structures, be possible. Mr. Pace clarified that if there is an affordable housing restriction for a condo complex other activities could be held in common spaces. But CPA requires a restriction on the property for the purpose for which it was acquired. If an affordable housing restriction is put in place and the intent is open space and agricultural use that would not satisfy CPA. If uses under an affordable housing restriction are ancillary with the primary function housing that is allowed. The line gets fuzzy when talk about the difference between a shed and a barn being put up on the property if it is designed with an affordable housing restriction. Mr. Cohen reminded the audience that the land was acquired as and /or for all purposes. Counsel has made it clear the difference between conservation, affordable and agricultural restrictions. The Board will review all the questions raised at this meeting and will decide how the land should be designated working with Counsel and the State. Accept Donation of Land for Conservation — 100 Woburn Street Ms. Mullins, Conservation Director, explained that the property was being foreclosed on by former owner so the current owner wants to donate it to the Town. The Conservation Commission accepted property at last meeting. Upon motion duly made and seconded, it was voted 5 -0 to accept a gift of land by deed to the Town of Lexington, acting by and through the Conservation Commission, for the transfer of the land located at 100 Woburn Street in Lexington, shown as Parcel 39A of Assessor's Map 47, as described in the Foreclosure Deed dated February 27, 2009, recorded in the Middlesex South District Registry of Deeds at Book 52354, Page 95; and further to authorize the Town Manager Selectmen's Meeting — December 21, 2011 to take any actions or to execute any documents that are necessary, in the Town Manager's discretion, to complete the acceptance of the gift of the property on behalf of the Town including the execution of a letter agreement specifying the terms and conditions of the gift of land. Approve Letter to Comcast Regarding Contract Renewal The Communications Advisory Committee (CAC) requested the Selectmen send a letter to Comcast to clarify the negotiation process. Upon motion duly made and seconded, it was voted 5 -0 to sign and send a letter to the Comcast Cable Communications regarding the Cable Television Renewal Process. Approved Revised Charge — Noise Advisory Committee Upon motion duly made and seconded, it was voted 5 -0 to adopt the revised Noise Advisory Committee charge that revises the Criteria for Membership and fixes the membership at seven. Approve Eagle Letter Recognizing Luke Psyhojos Upon motion duly made and seconded, it was voted 5 -0 to send a letter of commendation to Luke Psyhojos congratulating him on attaining the highest rank of Eagle in Boy Scouting. Resignation — Sidewalk Committee Upon motion duly made and seconded, it was voted to 5 -0 accept the resignation of Margaret Lotz from the Sidewalk Committee, effective immediately. Consent Agenda Water and Sewer Commitments and Adiustments Upon motion duly made and seconded, it was voted 5 -0 to approve the following water and sewer adjustments as recommended by the Water and Sewer Abatement Board: Adjustments of Water /Sewer Charges ($77,239.19) One -Day Liquor License — Lexington Historical Society Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for the Lexington Historical Society Annual Progressive Dinner to serve wine on January 7, 2011 from 6:00 p.m. to 11:00 p.m. at the Depot Building. Selectmen's Meeting — December 21, 2011 Ratify Poll Votes — Lowering 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 for Mary McDonough on Thursday, December 15; for Worcester Firefighter Davies on Thursday, December 15; for Paul Riffin on December 19; and for Marion Snow on December 20, 2011. Summit 3 Present: All School Committee Members, except Mr. Alessandrini; Dr. Ash, School Superintendent; Mr. Dunn, Assistant Superintendent for Finance and Business; and Mr. Harris, Assistant Superintendent for Human Resources; All Capital Expenditures Committee members except Mr. Edson and Mr. Hurley; all Appropriation Committee members except Mr. Neumeier; Mr. Valente, Town Manager, Mr. Addelson, Assistant Manager of Finance; Ms. Stevens, Management Intern; Ms. Brown, Town Moderator. Revised FY2013 Revenue Projections Mr. Addelson reviewed the revised FY2013 revenue projections: FY2012 New Growth - $3,346,536 (revised as certified by the Department of Revenue); $FY2013 Tax Levy Limit - $133,879,231 (due to change in FY2012 New Growth); FY2013 School Department Revenue - $397,570 (due to change in Medicaid reimbursement); FY 2013 Gross General Fund Revenue - $161,131,603 and FY2013 Net General Fund Reserves - $155,913,057. Proposed FY2013 Revenue Allocation Model Mr. Valente reviewed the difference in revenue with and without capital financing; Total difference $303,714. Mr. Valente and Dr. Ash are recommending that the $303,714 be removed from the revenue allocation to go toward capital items because of some capital items that are high priority. Mr. Addelson reviewed the revised FY2013 Revenue Allocation. The current incremental revenue is $4,427,326 ($3,164,790 School share and $1,262,536 Municipal share). Mr. Addelson reviewed the estimated FY2013 projected revenue: $161,131,604, which is $7,210,266 higher than last year. Mr. Valente reviewed the policy issues for consideration: free cash set - asides; additional capital funding proposed at $303,714 and benefits /health insurance amount subject to bargaining /new statute. The next Summit will be scheduled for January 18 at 7:00 p.m. Documents Presented 1. Affordable Housing Compliance Calculations, Ms. Tsvetkova 2. FY2013 Revenue Allocation Model, Summit III, dated December 21, 2011. Selectmen's Meeting — December 21, 2011 Executive Session Upon motion duly made and seconded, it was vote 5 -0 to go into executive session to discuss strategy with respect to coalition bargaining related to employee and retiree health insurance 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 of the Town. Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk