HomeMy WebLinkAbout2008-01-BOS-min
Selectmen’s Meeting
January 2, 2008
A meeting of the Board of Selectmen was held on Wednesday, January 2, 2008 at 7:30 p.m. in
Cary Auditorium, Cary Memorial Building. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr.
Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present.
The following Planning Board members were present: Mr. Hornig, Chairman; Mr. Canale; Mr.
Zurlo; Mr. Galaitsis and Mrs. Manz.
The following Board of Appeals members were present: Mr. Barnett, Vice Chair; Ms. Uhrig and
Ms. Wilson
Mr. Valente introduced Garry Rhodes, Building Commissioner; David George, Zoning
Administrator; Maryann McCall-Taylor, Planning Director, and George Hall, Attorney with
Anderson & Kreiger, Town Counsel.
The purpose of the meeting was for the three boards to discuss a proposed change in the
interpretation of the non-confirming use sections of the Zoning Bylaw. The Building
Commissioner had noted that recent case law indicated that grandfathered non-conforming lots
could lose that status once an existing house on the lot is torn down.
Despite ambiguities in the wording of our bylaw, Mr. Hall believes that the Town’s long-
standing policy of approving permits for demolition and rebuilding on non-confirming lots can
be legally supported. He noted that the statewide trend is the other way.
Mr. Canale, Planning Board, feels this is a good incentive to look at current by-laws, get
feedback and look into the future to address state and local laws and how they are working for
the town.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 7:50 p.m.
The Planning Board recessed for 10 minutes to resume a meeting in the Selectmen’s Meeting
Room.
The Board of Appeals adjourned.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
January 7, 2008
A regular meeting of the Board of Selectmen was held on Monday, January 7, 2008 at 7:30 p.m.
in the Selectmen Meeting Room, Town Office Building. Chairman Krieger, Mr. Kelley, Mr.
Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk,
were present.
Selectmen Concerns and Liaison Reports
Mr. Burnell is disappointed that he cannot report that an agreement with Avalon Bay for the use
of Kline Hall on behalf of LexMedia has been finalized. It appears all the issues have been
resolved and it remains a formality for Avalon Bay to sign the documents. He is hopeful it can be
accomplished this week. It has been well over a year in the making. LexMedia has bid the work
and seen their commitments expire. We may find that the costs have increased as a result of the
delays in getting the agreement finalized. Should there be any further delay occur he will be
seeking an explanation from the parties at the next Selectmen’s meeting.
Mr. Manz stated a concern about how unfriendly businesses can be to the Town because of the
amount of time and effort he has noticed that the Clerk spends trying to chase down certain
businesses to gather all the necessary information for license renewals.
Mrs. Krieger informed the Selectmen about a meeting on January 8 with the Metropolitan
Planning Organization that will include representatives of communities all along Route 128.
From Lexington Richard Canale, Mr. Valente and Mrs. Krieger and some staff plan to attend.
There are six major proposals on the table that would affect the 128 corridor by contributing
200,000 additional vehicle trips per day, which is the same capacity Route 128 is now bearing.
Mrs. Krieger hopes to hear discussions on meaningful mass transit.
On December 17, 2007 Massport, with the Environmental Protection Agency, held a hearing
about increasing the runway safety area for one of the runways at Hanscom Field. The
Selectmen and HATS’ position has always been that Hanscom is a general aviation airport by
definition in the master plan. Increasing the width of the runway safety area is a step toward
preparing for larger aircraft and Massport should be operating within the guidelines of the master
plan. The HATS Environmental Subcommittee is in the process of preparing a draft response.
Mrs. Krieger would like the Board’s approval to sign either as a Selectman or a HATS member.
She will forward the draft to the Selectmen for approval as soon as she receives it. Comments
are due Monday, January 14.
Town Manager Report
Mr. Valente reported that on January 5 two dogs were attacked and injured by coyotes in East
Lexington. The Animal Control Officer responded, but coyotes are protected from being
relocated or destroyed, so pet owners should keep close watch on their pets.
Selectmen’s Meeting – January 7, 2008
Mr. Hadley, Director of Public Works, updated the Board on the December snow removal
efforts. He plans to provide the Selectmen with a written report in the next couple of weeks.
There were four plow events before start of winter. December 3 and 4 there was 3-1/2 inches of
wet snow; on December 13 and 14 there was 9-1/2 inches powder snow that caused gridlock all
around town and on the highways. Again on December 16, 9-1/2 inches of wet heavy snow fell.
There were icing conditions after the storm on December 4 that required additional sanding and
salting in the morning. On December 18, cleanup in the center was started, but on December 19
four more inches of snow fell. DPW is still working to make sure the center is cleaned up.
Private contractors were brought in to continue and complete sidewalk plowing. There have
been several calls that DPW has responded to in a timely basis, handling safety issues first. Out
of a snow budget of $625,000, there is $100,000 remaining. Each plowing event costs between
$4,000 and $6,000 per hour in overtime, not including cost of salt and sand.
Mrs. Krieger reminded residents that residents should make sure their fire hydrants are shoveled
out in case of an emergency. Residents should also make sure sidewalks are not blocked by
snow from their private plowing contractors.
West Lexington Greenway Project Update
Keith Ohmart, member of the West Lexington Greenway Task Force, invited the Selectmen and
the community to the first of several public meetings on the progress of the West Lexington
Greenway Master Plan process. The town approved the Community Preservation Act project to
create a network of universally accessible trails linking all town conservation areas west of Route
128. Work accomplished to date will be presented via maps and images on Wednesday, January
16, 2008, at 7:00 p.m. in the Cary Library Meeting Room. Maps can be previewed beginning at
6:30 p.m.
Theatre License Renewals
The Marble Rock Cinema Corporation theatre license expired September 1, 2006. They
attempted to renew in 2007 but there were fire code violations that were not being addressed.
The Marble Rock Cinema Corporation has now submitted all the necessary paperwork for
renewal of its theatre licenses and they have satisfied the Fire Department’s requirements for
code violations.
Mr. Cohen was pleased that the theatre owners have finally come forward to renew their license.
The theatres are a great asset to Lexington and hope they will consider fixing some of the broken
seats.
Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two
theatre licenses to Marble Rock Cinema Corporation for Cinema 1 and 2 to show movies
weekdays and Sundays.
Selectmen’s Minutes – January 7, 2008
Vote and Sign Greeley Village CPA Agreement
Mr. Valente asked the Board to approve and sign the Grant Agreement for the Greeley Village
Window Replacement Project. The agreement provides for progress payments as work is
completed. The Community Preservation Act funding was approved at the 2007 Town Meeting.
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Grant
Agreement for Greeley Village for $228,404 in CPA funds (affordable housing) for the
replacement of windows.
Appointment – Tourism Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Joanne Myers, representing
the National Heritage Museum, to the Tourism Committee for a term to expire September 30,
2008.
Douglas House – Revocation of Right of First Refusal
The Board of Selectmen previously approved the CPA Grant Agreement for the Supportive
Living, Inc.-Douglas House project. As part of their overall financing process, it was determined
that the previous owner of the property granted the Town the right of first refusal to purchase the
property from Supportive Living, Inc. should they decide to sell the property. HUD and the
other entities financing the project have objected to the provision and requested that the Town
revoke this right of first refusal. The records of the Selectmen did not show any acceptance of
the right of first refusal, but Town Counsel is advising that the Board vote to revoke the option.
The Town has a deed restriction on the property and also is interested in the additional affordable
housing it will provide.
Upon motion duly made and seconded, it was voted 5-0 to decline to accept and consents to the
revocation of the right of first refusal recorded by Supportive Living, Inc., dated May 7, 2004
and recorded with the Middlesex County South District Registry of Deeds in Book 42735, Page
251.
Upon motion duly made and seconded, it was voted 5-0 to approve and authorize the Town
Manager to sign the Lease Subordination, Non-Disturbance of Possession and Attornment
Agreement related to the Supportive Living, Inc.-Douglas House.
Upon motion duly made and seconded, it was voted 5-0 to approve and authorize the Town
Manager to sign the MassDocs Master Subordination Agreement related to the Supportive
Living, Inc.-Douglas House.
Selectmen’s Minutes – January 7, 2008
Consent Agenda
One-day Liquor License – The Lexington Players
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to
The Lexington Players for three days Friday, Saturday and Sunday (February 8-10, 2008) to
serve wine one hour before each show and during the intermission.
Town Manager Vacation Carryover
Upon motion duly made and seconded, it was voted to approve the Town Manager’s request to
carry over 25 days of vacation from 2007 to 2008.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of December 10,
2007, December 11, 2007, December 17, 2007 and January 2, 2008.
Upon motion duly made and seconded, it was voted to adjourn at 9:15 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
January 14, 2008
A regular meeting of the Board of Selectmen was held on Monday, January 7, 2008 at 7:30 p.m.
in the Selectmen Meeting Room, Town Office Building. Chairman Krieger, Mr. Kelley, Mr.
Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk,
were present.
Public Comment
Sue Cusack, member of the Commission on Disability, requested that the Town have a strategic
plan to ensure access at public meetings for people with disabilities. She stated that the Town is
responsible for ensuring public access to all public meetings and that means that a plan should be
in place in the event a location becomes inaccessible for any reason. She gave the excessive ice
on the Cary Hall ramp and the sometimes dangerous accessible entrance to Town Hall as
examples. The Commission requests that a near-term plan for relocating meetings in the event
that public access is compromised for Cary Hall or Town Hall be developed immediately and
that a more comprehensive plan for all public forums follow.
The Selectmen will look into how to correct the problems.
Selectmen Concerns and Liaison Reports
Mr. Manz updated the Board on LexMedia operations.
Mr. Manz reported that he went on a tour of all the temporary DPW work locations with Mr.
Hadley, Director of Public Works. They are spread out over several different locations, but are
making things work.
Town Manager Report
Mr. Valente and Fire Chief Middlemiss updated the Board on the snowstorm that started shortly
after midnight on Sunday and continued through part of Monday. A tractor-trailer took down 6
telephone poles and power lines on Route 2; 651 residents were without power. Nstar hopes to
have power back by noon on Tuesday. A reverse 911 call was sent out to the affected residents.
nd
A 2 reverse 911 call was sent to let affected residents know that there was shelter available in
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Cary Memorial Building in Estabrook Hall. A 3 reverse 911 call was sent to let students of
Bowman School know that due to the power outage the school would be closed on Tuesday.
Human Rights Organizing Committee
Mr. Zabin, Chair of the Selectmen’s Ad Hoc Human Rights Committee, presented a report to the
Selectmen that included a charter and charge for a Human Rights Committee and additional
issues that may come up as the new committee is formed and suggestions on how to handle
them.
Selectmen’s Meeting – January 14, 2008
Upon motion duly made and seconded, it was voted 5-0 to accept the report of the Selectmen’s
Ad Hoc Human Rights Organizing Committee.
The Selectmen decided to keep the Selectmen’s Ad Hoc Human Rights Organizing Committee
active until the charge and membership is finalized. The Selectmen will discuss membership at
an upcoming Selectmen’s Meeting and the Board should think about possible membership.
Lexington Youth on Forum
Bill Blout, Youth Services Council, came before the Selectmen to ask for its support of a
Lexington Forum on Youth titled “Overstressed and Under Pressure: Surviving Adolescence in
Lexington” to be held Saturday, February 2, 2008, in Cary Auditorium from 8:30 a.m. to 12:30
p.m.
Upon motion duly made and seconded, it was voted 5-0 to support the Lexington Forum on
Youth to be held on February 2, 2008.
Budget Presentation
Mr. Valente presented the proposed FY2009 recommended budget and financing plan. The
current shortfall is $1,290,949. If the split will be 28.6 municipal and 71.4 schools, the shortfall
for municipal will be $232,260 and schools $1,058,690. Revenues are projected to increase
$6,967,000 (5.5%) over FY2008 revenues. Reasons for increase include: tax levy increase,
higher state aid and the use of insurance proceeds. This figure does not include $416,000 in free
cash that will be discussed at the Summit on Wednesday. The Town Manager is also looking to
see if there is any additional revenue in the overlay account.
The Selectmen’s financial/budget priorities included: reduce PILOT Payments ($187,500);
reduce indirect water/sewer charges ($61,549); continue building reserves and consider SPED
reserve; maintain infrastructure; increase cash capital; begin funding of post employment
benefits liability; and manage increase in health insurance costs. Progress has been made on all
items except managing health insurance costs.
The budget expenses are broken down as follows: Education - $65,097,299; Shared Expenses -
$39,802,546; Municipal - $25,759,310; and Cash Capital - $1,525,750. Public facilities is
included in the shared expenses.
Significant changes in the operating budget include:
Education $3,627,338 (5.9%)
All Municipal Departments $1,309,243 (5.4%)
Health Insurance $2,025,551 (10.2%)
Debt Service $ 204,404 (5.4%)
Cash Capital $ 170,750 (12.6%)
Selectmen’s Meeting – January 14, 2008
AC Reserve Fund $ 80,132 (17%)
SPED Reserve (new) $ 350,000
OPEB Reserve (new) $ 400,000
The AC reserve fund was increased because of a concern that energy costs will increase. The
SPED Reserve will be funded over a 3-year period to reach $1,000,000. The OPEB Reserve is
being partially funded with a $300,000 rebate from the Federal government for Medicare D.
FY2009 Reserve recommendations are:
Reserve Fund $550,000
Continuing Balance Reserve $450,027
Stabilization Fund $6,500,000
Special Education $350,000
Post Employment Benefits $400,000
The Town Manager reviewed his recommended program restoration and improvements. Of the
total departmental requests totaling $1,306,227, he is only recommending restoration or
improvements totaling $306,318.
The capital budget includes: General Fund Debt - $4,183,928; Water Enterprise Fund Debt -
$1,800,000; Wastewater Enterprise Fund Debt - $1,300,000; Cash Capital - $1,525,750; and
CPA Requests - $1,381,000. The Superintendent has been asked to reduce operating revenues
from cash capital by $265,000. Tax Levy amounts have increased for Street Improvements and
Building Envelope. The Town Manager plans to increase by 2-1/2 percent each year.
The budget includes a consolidated Department of Public Facilities budget in shared expenses. It
also includes the change of moving the School Crossing Guards from the School budget to the
Police Department budget. Also included is the debt excluded from Proposition 2-1/2 of
$5,691,000 for the DPW project.
Outstanding issues include: State Aid – waiting for Governor’s budget around January 24; Free
Cash – how to use the $461,000 available, will discuss at the Wednesday Summit; Minuteman
Voc-Tech Assessment - currently using estimate, final number may be lower; CPA Funding –
waiting for the Committee recommendations; School Capital – waiting for $265,000 reductions
from School; and Overlay Surplus – checking to see if any funds are available to use.
Next steps include: continue to look for any additional savings in the budget; respond to
Selectmen, Appropriation, Capital Expenditures questions; propose split between general
government and schools at the Wednesday Summit; target for Selectmen’s budget
recommendation is February 14; target for budget to financial committees and Town Meeting
Members is February 29.
Selectmen’s Meeting – January 14, 2008
Selectmen were very please with the presentation and appreciate all the work done by the Town
Manager and his staff.
Mr. Cohen suggested that the Selectmen should invite Lexington’s representatives and senators
to a meeting to discuss state aid and try to get them interested in lobbying for Lexington’s needs.
Munroe Process
Mr. Kelley, Mr. Cohen and Mr. Valente have discussed options for the Munroe building. They
would like to have arts the preferred use as long as it can comply with zoning. They hope to
bring a draft proposal and timeline to the Selectmen at the January 28 meeting. The Selectmen
want the process to be open and want the current tenant to be an integral part of the planning. If
the Selectmen agree that they favor an art-education user then the proposal will be structured for
the arts. Mr. Burnell thought that there should be a public meeting to discuss how the facility
should be used and wants to hear other options. He is also concerned about outstanding issues
regarding the White House study. Mr. Cohen suggests sending the RFP out to see what
responses are received; the RFP is no guarantee that the Board will go forward. The Selectmen
want to be sure financial stability and maintaining the building are part of the criteria for the
RFP. The current tenant should also be able to remain in place during the process of selling.
The Selectmen and Town Manager will begin putting together an RFP as quickly as possible, but
all agreed it is an extensive process. The proposal will include sale of the building, lease of the
land and a buyback option; it also will include the Board’s interest in having an arts education
center that would comply with zoning and include the necessary time period so it does not
interfere with current tenant programs.
Mrs. McKenna is concerned about the time and process if plan is to sell the building and feels it
is premature to go forward with an RFP. She is not sure Town Meeting would consider it the
best options.
Upon motion duly made and seconded, it was voted 4-1 (Burnell abstained) to ask the Town
Manager to develop an RFP for the sale of the Munroe School Building and lease of the land for
a preferred use as a community arts education center that complies with the underlying zoning
regulations.
Approve and Sign Master Lease with AvalonBay
The Town, Avalon Bay and LexMedia have completed negotiations for the lease of Kline Hall.
The estimate for buildout is 3 months.
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the lease agreement
between the Town of Lexington and Avalon Bay Communities, Inc. for the building known as
Kline Hall.
Selectmen’s Meeting – January 14, 2008
Sign Warrant
Upon motion duly made and seconded, it was voted 5-0 to sign the Warrant for the Presidential
Primary on February 5, 2008.
Use of Battle Green/Walk on Mass. Avenue – Martin Luther King Day
Upon motion duly made and seconded, it was voted to approve the use of the Battle Green and
the plan to walk along Massachusetts Avenue to Cary Memorial Building for the Martin Luther
King Day Commemoration on Sunday, January 20, 2008 beginning at approximately 2:00 p.m.
The Selectmen acknowledge the hard work of the CommUNITY Commemoration Planning
Committee and suggest that residents participate in this very important event.
Future Meetings
The Selectmen will have a meeting on February 4. Future meetings will be discussed further at
the next Selectmen’s Meeting.
Town Manager Statement Regarding Lexington Police Association
Mr. Valente read the following statement:
”Last week, the Executive Board of the Lexington Police Association sent a letter to all Town
meeting members. This letter deals with two very different and separate issues.
“The first issue is that this Union is without a new collective bargaining contract for the fiscal
year period of 2005 thru 2007 and accuses the Town of refusing to negotiate a new contract.
“The second issue is the matter of discipline imposed by the Town regarding the president of the
union.
“Let me address the collective bargaining matter first.
“By way of clarification, the Lexington Police Association is the Union that represents police
officers and sergeants. It does not represent lieutenants and captains who are in a separate
bargaining group.
“When a town and a police union, after many bargaining sessions, are unable to reach a
collective bargaining agreement, state law provides that an independent arbitrator be called in to
hear the matter and make a decision. That is the process we are currently in. On December 19
the union and the Town both made their proposals to an independent arbitrator during a 6- hour
hearing. I expect the arbitrator to make his decision by March.
Selectmen’s Meeting – January 14, 2008
“Let me share with you the Union’s and the Town’s proposals as made to the arbitrator.
“The union is looking for four types of salary increases:
1. The first is an across the board salary increase which totals 9 percent over the three-year
contract.
2. Second, in addition to this 9 percent increase, the union proposed a 4 percent hazardous
duty payment on top of their base pay.
3. Third, for officers who work nights, which is about 2/3 of the force, the union is looking
for another 2 percent night differential on top of the 6 percent night differential they
already receive for working nights.
4. Finally the union is looking to add another $750 to each of their two top steps in their
salary schedule. Each $750 is worth about 1.5 percent on their salary.
“The Town has offered an across the board salary increase of just over 5.5 percent plus an
additional 1% hazardous duty payment, for a total of just over a 6.5 percent increase over the
three-year contract. The lowest increase is in the first year, FY05, when the Town and all of its
unions were dealing with the cutbacks which resulted from the failed override and state aid cuts.
“To give you a sense of the magnitude of the union and town proposals, the town’s proposals
would cost the taxpayers approximately $420,000. The union’s proposal would cost
approximately $1,500,000. The difference, over $1,000,000 amounts to over $25,000 per
officer.
“Given all the circumstances, it is reasonable to ask, is the Town’s proposal fair?
“The Town’s proposal may be seen as modest, but it is fair. It is important to understand the
context of the Town’s proposal.
“One must first remember that we are talking about a collective bargaining contract for the
period of 2004 through 2007. The Town was dealing with the failure of a $5 million dollar
override vote. The police budget was cut by $412,000 and reduced by 12 positions. In both
municipal departments and the school department, a total of 80 positions were cut. Further,
because the State was dealing with its own financial crisis it cut Lexington’s state aid by
$2,000,000 in the period between FY2003 and 2005. The Town had to draw down its financial
reserves and put less money into its pension fund in FY2004 just to maintain basic services and
keep from cutting more positions.
“Moody’s Investor Services, which provides our credit rating, gave Lexington a “negative
outlook” because of the Town’s, and I quote, “diminished financial position.”
“In light of all of this, we still had to reach collective bargaining settlements with our 10 unions.
And we did with 9 of them. To their credit, the Fire, Police Captains, Public Safety Dispatchers,
DPW, Custodians, and Library unions all recognized the Town’s “diminished financial position”
and settled for the cost of living increase that we have offered to the Police Union. Three other
Selectmen’s Meeting – January 14, 2008
bargaining units, which include management, supervisors and administrative staff, settled for
slightly less of an increase. It was only the Police Lieutenants who we settled for more than this
overall wage pattern. That was because we found that the differential between our Sergeants and
Lieutenants had dropped dramatically over the prior 3-year period and we tried to make some
modest progress to restore this salary differential. Police Lieutenants have substantial
supervisory responsibilities that clearly justified a salary adjustment to try to restore the
historical difference in wages between Sergeants and Lieutenants.
“A collective bargaining contract is about more than just wages, however. One must also look at
the value of benefits. As has been discussed many times with the Selectmen and Town Meeting,
Lexington’s health insurance contribution, at 87% of the premium during this contract period,
was about 10 percent higher than the average for our comparable communities. That difference
is worth over $1,000 per year in tax-free contributions to the family plan that most Lexington
police officers have chosen.
“Further, in exchange for wage considerations negotiated in previous contracts, the Police Union
has negotiated substantially greater amount of vacation days and a higher hourly rate for detail
work than our comparable communities.
“What does this all mean in terms of gross wages? In calendar year 2006 the average member of
the Lexington Police Union earned $70,000 in base wages and overtime andanother $14,000 in
detail pay. That year, 2006, we had 9 officers earn over $100,000 and 10 officers earn between
$80,000 and $100,000.
“A few minutes ago I asked the question, is the Town’s wage proposal fair? At the end of the
day, an independent arbitrator will decide what is fair in terms of the collective bargaining
agreement. By law, both the Town Manager and Board of Selectmen must go before Town
Meeting and advocate for whatever settlement the arbitrator decides.
“As I started my remarks I said that the Police Union has raised two very separate issues in its
letter to Town Meeting Members. The second issue is related to the termination of Michael
Rizzo, who happens to hold the position of Union president.
“Let me first begin by making a very clear statement to you and our residents. Chief Casey and I
believe that we have an excellent Police Department in Lexington. Part of maintaining that
excellence is holding officers accountable for actions that violate Police Department policy. The
characterization of the Town’s discharge of Michael Rizzo, made by the leadership of the Police
Union, is unfair, untrue and unsupported by the facts of the case. Let me also state that I offer
this rebuttal to the Union’s charge reluctantly. As a general principle, I consider this incident as
a personnel matter that should be treated confidentially. Notwithstanding this position, the
Union has chosen to make this a public issue so I am forced to respond.
Selectmen’s Meeting – January 14, 2008
“The Town discharged Officer Rizzo because he violated the Department’s Use of Force Policy,
while on duty, injuring a young adult resident of our community. This young man has now had
three surgeries to deal with the injury inflict by Officer Rizzo. After a full hearing, which lasted
five days and included the testimony of nine witnesses, he was also found to have made
untruthful statements about the incident, which hindered the Department’s investigation. At this
hearing, Officer Rizzo had the opportunity to account for his actions, but failed to testify on his
own behalf. His discharge was a regrettable but necessary action. The matter concerning
Officer Rizzo’s discharge has been appealed to the Civil Service Commission, which will hear
this matter.
“Chief Casey and I have every confidence in the men and women who day in and day out do a
wonderful and professional job in policing our community. Our goal is to be competitive in our
compensation with all of our employees while being mindful of the increasing tax burdens
shouldered by our residents. The Selectmen and the community should be assured that we will
soon have a new contract with the Lexington Police Association.
“With the Board’s permission, I would like to draft a response to Town Meeting Members
covering the very points I made here tonight related to the collective bargaining situation.
“Thank you for allowing me this time to respond to the very important topic for our community.”
Upon motion duly made and seconded, it was voted 5-0 to allow the Town Manager to draft a
response to Town Meeting Members coverings the points made above regarding the collective
bargaining agreement.
Consent Agenda
Water/Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments
and adjustments of water and sewer charges:
Commitment of Water/Sewer Charges for 12/12/07 (Cycle 9) $139,929.32
Commitment of Water/Sewer Charges for 1/10/09 (Cycle 9) $155,455,62
Commitment of Water/Sewer Charges for 11/1/07 to 11/30/07 (Final Bills) $5,075.44
Commitment of Water/Sewer Charges for 12/1/07 to 12/31/07 (Final Bills) $2,349.79
Adjustments of Water/Sewer Charges for 11/1/07 to 11/30/07 -$147,711.66
Selectmen’s Meeting – January 14, 2008
Ratify Poll Vote – Letters of Objection to Runway Expansion at Hanscom
Upon motion duly made and seconded, it was vote 5-0 to sign and send letters of objection to
runway expansion at Hanscom to U.S. Army Corps of Engineers and Mass DEP Wetlands
Program.
Upon motion duly made and seconded, it was voted to adjourn at 9:40 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Budget Collaboration/Financial Summit 3
January 16, 2008
A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held
on Wednesday, January 16, 2008, at 7:30 p.m. in the Selectmen Meeting Room, Town Office
Building. Present: Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr.
Valente, Town Manager, Ms. Pease, Executive Clerk; Dr. Ash, Superintendent; Ms. Dunn,
Assistant Superintendent; all members of the School Committee; all members of the
Appropriation Committee; and all members of the Capital Expenditures Committee.
1. FY2009 Operating Budget
Mr. Valente reviewed the projected budget shortfall. Total gap as of January 16 is $1,290,949
(Municipal - $271,814; School - $1,019,136).
The General Fund revenue increase from FY2008 is $6,967,000 (5.5%). The increase is based
on the allowed tax levy increase, $400,000 additional state aid, $138,000 insurance proceeds,
$66,000 tax levy for higher growth for 2008 and $52,000 from Minuteman Tech for local
receipts, and $50,000 from Brookhaven for affordable housing. Not included in the calculation
is $461,000 that can be used for any purpose and will be discussed later.
The recommended FY2009 Budget recommendation is: Education $65,097,299, Shared
Expenses $39,802,546, Municipal $25,759,310, and Cash Capital $1,525,750.
Reserve recommendations include: reserve fund increase of $80,132 to $550,000 to cover costs
related to energy; continuing balance reserve increase of $99,800 to $450,027 because of
workman’s comp and uninsured losses; increase Stabilization fund by $1,000,000 to $6,500,000;
create new reserve for special education - $350,000 (goal is to have $1,000,000 over 3-year
period); and a new reserve for Post Employment Benefits of $400,000.
Selectmen agreed that the 28.6-71.4 split was reasonable. If any additional chapter 70 funds
become available the group will discuss priorities prior to agreeing upon a split of the additional
funds.
2. FY2009 Capital
Outstanding capital issues include: Clarke School Project (energy work); Munroe Center Fire
Prevention Project (open issues with CPA and whether Selectmen will own or dispose); Woburn
Street Reconstruction (recommend using $750,000 from the tax levy and $750,000 from Chapter
90 funds – need to discuss upcoming road projects estimated to cost $15 million over the next
eight years); and School Capital (asked to reduce by $265,000).
Budget Collaboration/Summit – January 16, 2008
3. Outstanding Administrative Issues
The outstanding administrative issues include: Minuteman Vo-Tech Assessment – probably
lower but will be clearer next week; CPA Funding – committee has a couple more issues to
finish; school and municipal capital; and overlay surplus – looking for any surplus that could be
used in the next few years.
4. Budget Schedule and Next Steps
The group decided that the next Summit meeting will be held on Monday, January 28, 2008, at
7:30 p.m.
5. Outstanding Policy Issues for Summit Consideration
Outstanding Policy Issues include: State Aid – Governor’s budget out on January 24, but will
not be final; reserve recommendations; free cash – how to use the $461,516 available; and debt
service/cash capital levels.
The Appropriations Committee wanted to discuss reserve recommendations prior to deciding
how to use the $461,516 from free cash. School Committee recommended using the $461,516
from free cash and the $1 million proposed for the Stabilization budget to balance the budget.
It was suggested that a member of the Community Preservation Committee be included in the
budget collaboration/summit meetings.
Selectmen suggested using the $350,000 from the proposed SPED reserve fund to reduce the
school gap. The Appropriations could not make a decision tonight, need to discuss reserves and
free cash more. The School Committee also needs to discuss using that money.
Upon motion duly made and seconded, it was voted to adjourn at 10:10 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
January 28, 2008
A regular meeting of the Board of Selectmen was held on Monday, January 28, 2008 at 5:30
p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Krieger, Mr. Kelley,
Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk, were present.
Budget Discussion
The Selectmen discussed possibilities for balancing the municipal budget. Mr. Valente reviewed
the recommended Program Improvement Requests. The staff is still looking at the overlay
accounts for any possible revenue and possible additional local receipts.
Mr. Valente will discuss with senior staff and come up with a list of prioritized cuts to present to
the Selectmen.
Selectmen Concerns and Liaison Reports
Mr. Manz announced that the LABB Olympics will be held on May 21, 2009 at 9:00 a.m. He
encouraged everyone to attend for the very worthwhile event.
Mr. Manz and Mr. Cohen provided information on the very beneficial Lexington Forum on
Youth to be held Saturday, February 2, 2008, from 8:30 a.m. to 12:30 p.m. in Cary Auditorium.
The title of the forum is “Over-Stressed and Under Pressure: Surviving Adolescence in
Lexington”. The speakers will be Paul Richards, principal of Needham High School; Kathy
Meagher, Director of Multidisciplinary Support Team at LHS; Christine Connolly, Director of
Health and Human Services in Arlington; and Tim Dugan, child/adolescent psychiatrist.
After a meeting Mr. Manz and Mr. Cohen had with the Webster’s, who are concerned about
overcrowding and parking issues at Willards Woods resulting from its popularity by dog owners,
Mr. Manz requests that the Town look at options to alleviate the overcrowding problems.
Mr. Cohen congratulated the Farmer’s Market for a wonderful celebration dinner and looks
forward to it successfully continuing.
LexMedia – Studio at Kline Hall
Two items are left to do to finally make Kline Hall a reality as LexMedia studio and office space.
Later tonight the LexMedia board will sign a sublease between the Town and LexMedia that is
satisfactory to both parties and that the Town Manager will also sign. Tonight the Selectmen are
asked to sign a Grant Agreement between the Town and LexMedia so that $400,000 from the
cable revolving fund can be used for the build out of Kline Hall. The Grant Agreement was
prepared by Town Counsel and is acceptable to LexMedia.
Selectmen’s Meeting – January 28, 2008
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Lexington/
LexMedia Grant Agreement for Kline Hall, providing a grant of $400,000 from the PEG access
funds for the build-out of the facility.
Mr. Forsdick, Acting Executive Director of LexMedia, expressed thanks on behalf of the
LexMedia Board of Directors and thanked the Selectmen and the residents of Lexington for their
support. Mr. Forsdick acknowledged two individuals on the LexMedia Board who were
instrumental in seeing this project to fruition: Shelby Kashket and Alan Lazarus. The grant
money will be used to build out space (walls, floors, carpets, electrical and sprinkler system).
The space will include multiple studios for programming, offices for staff and volunteers, video
and editing rooms, a kitchen for cooking or science shows, classroom for instruction and a
conference room. When LexMedia moves into Kline Hall it will be run by a new digital
infrastructure. LexMedia will bring some of its existing equipment from Kite’s End, but there
will be a lot of empty rooms and electronic racks that will provide opportunities for businesses,
organizations and individuals to show support for residents to LexMedia by making donations to
outfit the new studio. LexMedia will also start a capital fundraising campaign for additional
equipment and furniture.
Mr. Burnell was grateful to the Selectmen, the Communications Advisory Committee and the
LexMedia Board for getting the project started and following through to seeing a new studio
built at Kline Hall
The architect is in the process of getting the building permits and expects that after receiving the
necessary permits the build out will take approximately three months. LexMedia hopes to get
permission to move in during April or May.
Mr. Valente explained that Town Meeting originally authorized the Revolving Fund to expend
$400,000 and under state statute the Selectmen and Appropriation Committee can vote to
increase the amount of authorization. The Selectmen were asked to vote to increase the
authorization to spend from the revolving fund an additional $400,000 and then the
Appropriation Committee will be asked to take a similar vote.
Upon motion duly made and seconded, it was voted 5-0 to increase the authorization from the
revolving fund to spend an additional $400,000 for the purposes of building out Kline Hall.
Water and Sewer Discount Program – Tax Deferral and Exemption Study Committee
Vicki Blier and Pat Costello, Co-Chairs of the Tax Deferral and Exemption Study Committee,
along with member Joel Adler, presented the Committee’s recommendations for formalizing a
water and sewer discount program for low-income households for Lexington.
Selectmen’s Meeting – January 28, 2008
The Committee recommends that the program be administered by the Social Services
Department. To qualify a resident would first apply for and receive fuel assistance through the
federal Low Income Home Energy Assistance Program administered locally by Community
Teamwork, Inc. (LIHEAP). Residents presenting evidence of acceptance to the LIHEAP
program would receive a 30% discount on the next two subsequently issued water and sewer
bills. If an administrative structure can be developed to apply the discount to already-issued bills
without creating an undue staff burden, that would be desirable. The Selectmen must consider
whether qualifying seniors who defer their Water and Sewer bills may also receive the 30%
discount. Efforts should be made to contact recipients of LIHEAP fuel assistance directly to
inform them that they qualify for the Water and Sewer Discount Program. In addition, other
forms of outreach can be made through tax bills, water and sewer bills, the Senior Center tax
return assistance program and other educational programs. The incremental cost to other
ratepayers is a modest amount, likely to be less than $3.34 per year.
Battle Road Event at Tower Park – April 19, 2008
Paul O’Shaughnessy, Officer of the Tenth Regiment of Foot, provided information to the
Selectmen on a proposed Battle Road event at Tower Park on April 19, 2008. Other
organizations involved are Lexington Minutemen and Historical Society, Fifth Regiment of Food
and the Battle Road Committee.
They also hope to enlist the Tourism Committee and the National Heritage Museum and have
contacted the Town Celebration Committee for comments.
They are currently working out the details with Police, Fire, Town Manager and DPW and will
return to the Selectmen for final approvals.
The Selectmen all support the proposed plans and encouraged them to move forward with
finalizing the event.
nd
2 Quarter Exception Report
nd
Mr. Young, Budget Officer, reviewed the 2 Quarter Exception Report for the period through
December 31, 2007. The exceptions include any line item of the municipal budget, which is
either materially above the anticipated percentage expended through six months or is
significantly above previous years trends. The exceptions are:
1. Public Works Personal Services and Wages/Snow Removal
Amount spent: $761,915.33 (124.4% of budget spent) because of a more active snow
season. An additional $300,000 has been set aside in the FY2009 budget to cover any
deficit, more funding may be necessary to cover the cost of additional snow events.
Funds are available in the FY2008 unemployment budget, which could be transferred.
Selectmen’s Meeting – January 28, 2008
2. Law Enforcement Personal Services
Amount spent: $2,107,692 (50.01% of budget spent) because of Chief Casey’s concerns
regarding overtime, a combination of extended illnesses, vacancies, National Guard
deployments and trainings which result in the Police department overtime budget being
spent already. Careful monitoring and management of overtime will continue.
3. Law Enforcement Expenses/Vehicles
Amount spent: $119,816 (113.4% of budget spent) The Police Department has adjusted
their budget request for FY2009 to accommodate the added cost of new cruisers and will
cover the overage within the overall Police expense budget.
4. Town Manager Expenses/Legal Services
Amount spent $51,660 (58% of budget spent) because of the need to use labor attorneys
in conjunction with contractual negotiations and disciplinary matters has resulted in this
budget receiving two Reserve Fund Transfers totaling $100,000. Additional Reserve
Fund transfers will likely be necessary to accommodate ongoing and anticipated
expenses.
5. Town Clerk Personal Services and Expenses
Amount spent: $219,683 (41% of budget spent) because the upcoming presidential
primary is the third unfunded election that the Town has had to cover this fiscal year.
The February 5 primary will cost the Town approximately $20,000. It is possible that the
election can be covered within the Town Clerk’s budget via the supplemental funding
allocated by the 2007 Special Town Meeting. A modest Reserve Fund transfer may be
necessary to accommodate election expenses.
Route 128 Traffic Mitigation
Mrs. Krieger attended the January 8, 2007 Metropolitan Area Planning Council (MAPC) meeting
where representatives from four communities (Lexington, Lincoln, Waltham and Weston),
developers, transportation, economic development and environmental agencies discussed the
opportunities and challenges in the 128 Central area bounded by Route 3 North and I-90. This
central section of Route 128 encompasses approximately 15 current, proposed and potential
development sites. The January 8 discussion included information on the opportunities and
challenges in the area, including planned and future economic development opportunities, as
well as existing and potential traffic on Route 128. The four communities and MAPC agreed to
meet and consider collaborating on their review of The Commons at Prospect Hill Draft
Environmental Impact Report (DEIR). Mrs. Krieger will bring to the next meeting a draft letter
with comments on the many projects currently proposed along Route 128 and their affect on the
capacity of the road and how mass transit can be improved.
Appointments
Communications Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Kenneth Pogran to the
Communications Advisory Committee for a 3-year term to expire September 30, 2010.
Selectmen’s Meeting – January 28, 2008
Traffic Mitigation Group
Upon motion duly made and seconded, it was voted 5-0 to increase the membership of the
Traffic Mitigation Group to 7 core members and to appoint Susan Yanofsky to the committee as
a staff member.
Liquor License – Change of Manager – Vinny T’s of Boston
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 Vinny T’s Restaurant
Corporation, d/b/a Vinny T’s of Boston, 20 Waltham Street.
Future Meetings
The Selectmen will schedule regular meetings for March 10 and 17. Beginning March 19,
Selectmen will meet every Monday and Wednesday beginning at 6:30 p.m. until Town Meeting
begins at 7:30 p.m. There will be no meetings scheduled for April vacation (April 21-25).
Meetings prior to Town Meeting will be booked through May 7.
Consent Agenda
Local Official Bond – Town Collector
Upon motion duly made and seconded, it was voted 5-0 to approve a Local Official Bond for the
Town Collector, Arnold Lovering.
Reserve Fund Transfer Approval
Upon motion duly made and seconded, it was voted 5-0 to approve the request for a transfer
from the reserve fund to the HR Legal Services Account in the amount of $40,000.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of January 7,
2008, January 14, 2008, and January 16, 2008.
Budget Collaboration/Financial Summit 4
A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held
on Monday, January 28, 2008, at 7:30 p.m. in the Selectmen Meeting Room, Town Office
Building. Present: Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr.
Valente, Town Manager, Ms. Pease, Executive Clerk; Dr. Ash, Superintendent; Ms. Dunn,
Assistant Superintendent; all members of the School Committee; all members of the
Appropriation Committee; all members of the Capital Expenditures Committee, with the
exception of Mr. Edson and Mr. Hurley; all members of the Community Preservation
Committee, with the exception of Mr. McSweeney, Ms. Weiss and Mr. Wolk.
Selectmen’s Meeting – January 28, 2008
Update: Governor’s FY2009 State Aid Proposal
Mr. Valente reviewed the Governor’s proposed budget. Under Chapter 70 the new formula for
funding would increase Chapter 70 aid substantially over the prior year and that would be a little
more money than is projected in the proposed budget. The Governor is proposing to reduce
lottery aid but to make it up under the gaming proceeds (casino). The Town Manager feels that
the $600,000 proposed in the Town’s budget is a conservative realistic estimate.
Vote: Use of $461,000 of Free Cash
At the last Summit meeting there was consensus of both the School Committee and Board of
Selectmen to support using the $461,000 to help close the gap.
The Appropriation Committee has voted to approve of using the $461,000 to help close the gap
of the operating budget, but they caution that using non-recurring funds to balance the budget
will cause problems in future budgets.
Current Status of FY2009 Budget Shortfall
Mr. Valente briefly reviewed a letter from Representative Jay Kaufman cautioning cities and
towns to be cautious of the Governor’s proposed increases in local aid and local property tax
relief measures because the legislature may or may not adopt the proposals. Of particular
concern to Representative Kaufman is the proposed gaming proceeds from casinos.
Mr. Valente reviewed two important adjustments to the shortfall: including the $461,000 of free
cash and additional assessment increase of $190,000 from Minuteman. The new gap is
$1,019,550 (Municipal $192,889 and Education $826,661). The additional assessment from
Minuteman is because of increased enrollment and a new assessment formula, which mirrors the
state formula that looks at a community’s ability to show stronger revenue growth. There were
many questions on why the increase is so high and that the formula should not work to
Lexington’s disadvantage. Mr. Valente believes the subject should be discussed with
Lexington’s state legislators; also the Superintendent of Minuteman or his designee could come
and explain the new formula.
Options for Closing Budget Shortfall
Mr. Diaz, School Committee, proposed closing the $690,000 (amount of gap prior to the increase
in the gap due to Minuteman increase) by: 1) $300,000 possible LABB credits; 2) $350,000
proposed SPED stabilization fund; and 3) $40,000 from the proposed amount for the
Stabilization Fund.
The Town Manager provided a list of possible options for closing the budget shortfall:
1. Use of Free Cash currently recommended for the Stabilization Fund
2. Use of Free Cash currently recommended for SPED reserve
3. Use of potential FY2008 School Surplus:
a. To replace proposed FY2009 Stabilization Fund recommendation(s)
b. To replace proposed FY2009 Cash Capital shortfalls for schools
Selectmen’s Meeting – January 28, 2008
4. Use of LABB Credits
5. Reductions to current FY2009 budget proposal (Municipal and Schools)
Selectmen discussed earlier tonight that they intend to direct the Town Manager to propose cuts
and do not feel it is appropriate to use the Stabilization Fund to close the gap.
The group would like additional information regarding the LABB program and how the budget
works.
Dr. Ash reminded the group that if the new in-house programs were not started for SPED, the
SPED budget would be much higher for FY2009.
There was a lot of discussion regarding using non-recurring funds to balance the budget and the
serious concerns that could arise for the FY2010 budget.
The Selectmen were polled on the use of the $35,000 that was earmarked for a SPED
Stabilization to reduce the School’s gap. All Selectmen agreed it should be used to reduce the
School’s budget; except Mr. Burnell who felt the money should be split.
Briefly discussed CPC projects decisions that impact the budget: the $40,000 for the fire station
and the $580,000 for the Munroe Fire system.
Confirm February 13 Summit Date and Agenda
The next Budget Collaboration/Summit meeting will be Wednesday, February 13, 2008. This is
3-4 days before the budget goes to print. The agenda will be to finalize the budget and finalize
capital.
Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk