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HomeMy WebLinkAbout2012-04-BOS-min Summit Meeting 5 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee April 2, 2012 A Summit was held on Monday, April 2, 2012, at 6:00 p.m. in the Selectmen Meeting Room, Town Office Building. Mr. Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Mr. Addelson, Finance Director; Mr. Kalivas, Budget Officer; and Ms. Pease, Executive Clerk, were present. Also Present: All School Committee (SC) members, Dr. Ash, Superintendent of Schools, Ms. Dunn, Assistant Superintendent for Finance and Business, and Mr. Coolidge, Student Representative; all members of the Appropriation Committee (AC), and all members of the Capital Expenditures Committee (CEC), except Mr. Lamb. Options for Funding Budget Priorities The group discussed options for using the approximate $3.4 million of unallocated revenue that will become available from the health care changes. Staff recommendations for the unallocated revenue for FY2013 included: Streets Maintenance/Reconstruction $ 400,000 OPEB Stabilization Fund (additional) $ 750,000 Capital Projects/Debt Service Reserve $2,229,821 The Selectmen voted on March 26, 2012 to use $400,000 for Streets Maintenance/ Reconstruction. Mr. Pato, Appropriation Committee, offered an alternative proposal that would avoid raising the tax levy to the levy ceiling: Excess Shared Expenses budget $3,379,821 Unallocated for Use to Reduce Tax Levy $2,500,000 Available Shared Expenses Budget $ 879,821 The $879,821 should be apportioned between the school department and the municipal budgets following the revenue allocation model. If the one-time transfers to support reducing kindergarten fees and support reduction of busing fees at Estabrook are corrected, the resulting budget amounts would be: Budget Collaboration/Summit 6 – April 2, 2012 School Municipal Available Shared Expenses Budget $879,821 $ 632,591 $247,230 Kindergarten Fee Reduction Funds $(127,903) $127,903 Estabrook Bus Fee Reduction ________ $(150,000) $150,000 Total Budget Adjustment $879,821 $354,688 $525,133 The amount designated for the School Department should be put in reserve to fund the potential Article 17 School Bus Transportation Subsidy. Ms. Stewart asked why these savings could not have been split between the schools and municipal using the allocation model for the full amount. Mr. Levine suggested that a multiple year plan needs to be reviewed, not just FY2013 and FY2014. Need to sustain business over the long run while raising taxes at a slow rate. Also need to make sure putting funds away for capital projects. Then if there is lots of extra money and the desire is to reduce the tax rate it should be done smoothly over many years. He is against putting any additional funding toward the OPEB Stabilization fund. Several members of the group suggested looking at all the needs and prioritize how the money should be used. Options mentioned include: take care of capital projects on the tax levy; consider using funds to reduce debt instead of reducing the tax rate; and lastly reduce the tax rate. Mr. Pato was opposed to using the funds for future debt exclusions because of the importance of providing the voters with the cost of a particular project. The group discussed the liquidation of the Health Fund and whether the money should be used for OPEB or capital. In case the Town returns to self-insured health care it may be a good idea to leave the money in reserve for that purpose. Mr. Kanter said the Capital Expenditures Committee voted 3 in favor and 2 opposed against combining funding of projects. Ms. Stewart would like to see more of the funds go to school capital projects. Dr. Ash suggested using the funds for operating costs and capital for middle projects using a revenue model. It was pointed out that the staff recommendation includes putting $500,000 in the Building Maintenance/Renewal Fund for FY2014 and FY2015. Since Article 4 – Appropriate for FY2013 Operating Budget is expected to come up at Town Meeting, Mr. Bartenstein suggested that the money be put in a special stabilization fund which would give the group time to decide how to use before the next Special Town Meeting. Budget Collaboration/Summit 6 – April 2, 2012 Mr. Kelley does not support the proposed FY2013 budget unless funds are moved to cover the school requests using the allocation model. Ms. Stewart is concerned with splitting all money because the schools already have a list of capital projects ready to go. Another Summit will be scheduled to discuss funding options further. Article 17 – School Bus Transportation Subsidy Ms. Brodner went on record that the funds necessary for Article 17 should be a joint expense between schools and municipal because the request affects town resources like roads and traffic. Ms. Crocker, explained that the $316,250 request will be used to reduce the bus fee to $300. Ms. Dunn explained that there are currently 1265 bus riders whose bus fee would reduce to $300 from $550. Estabrook bus riders are not included in Article 17 because of the construction and a separate plan to reduce the fee in half during construction. Ms. Mauger reminded the group that the School Transportation and Safety Study Committee looked at Article 17 as one piece of fixing the problem; they are also looking at many other possible changes, including behavior changes and staggering dismissal times. The Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee recessed at 7:20 p.m. to remain in session and relocate to Cary Memorial Hall for the purpose of discussing Special Town Meeting Article 2 and Annual Town Meeting Articles 4 through 37. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen Actions at Town Meeting There were no actions taken by the Selectmen. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:25 p.m. A true record; Attest: Hank Manz Chairman Selectmen’s Meeting April 4, 2012 A regular meeting of the Board of Selectmen was held on Wednesday, April 4, 2012, at 6:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Human Services Department – Lex Connect Program Ms. Rebecchi, Transportation Coordinator and Ms. Rodgers, Human Services Director presented information on Lex Connect, a new door-to-door reduced fare taxi ride program open to Lexington residents age 60 years and older, and residents under the age of 60 with special needs. Discuss Wright Farm Options Mr. Kelley presented information on the Wright Farm property located off of Grove Street and adjacent to currently owned Town conservation land. The Selectmen discussed the possible use of the property and funding source. Ms. Manz, Chair of the Community Preservation Committee, and Ms. Mullins, Director of Community Development and Conservation Administrator, answered questions from the Board. Upon motion duly made and seconded, it was voted 4-0-1 (Burnell abstained) to go forward to the Community Preservation Committee with a request for funding to purchase this parcel for open space with a conservation restriction. Article Positions Article 4 – Appropriate FY2013 Operating Budget Mr. Cohen reported that Mr. Mehr, Precinct 3, might offer an amendment to reduce the amount in Line 2130 by $400,000. The Selectmen decided to wait until Town Meeting to take a position. The Selectmen recessed at 6:40 p.m. to remain in session and relocate to Cary Memorial Hall for the purpose of discussing Special Town Meeting Article 2 and Annual Town Meeting Articles 4 through 37. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting – April 4, 2012 Town Meeting The Board reconvened in Cary Memorial Hall for Town Meeting at 7:30 p.m. Items which came up during the discussion which required input from the Board included:  An amendment offered by Patrick Mehr to reduce the amount in Line 2130 by $400,000. After hearing Mr. Mehr’s explanation, the Board voted 5-0 in opposition to the amendment without debate. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:26 p.m. A true record; Attest: Hank Manz Chairman Selectmen’s Meeting April 9, 2012 A regular meeting of the Board of Selectmen was held on Monday, April 9, 2012, at 6:00 p.m. in the Selectmen Meeting Room of the 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. Continue Discussion on Options for Funding Budget Priorities Mr. Manz felt that at the April 2 Summit there was interest in putting additional funds toward the OPEB Stabilization Fund, a slight interest in reducing the tax rate, more interest in reducing the tax rate indirectly through funding of priority projects which have to be done and more than 50 percent interest in not using the money to reduce the cost of capital projects because of the generational and true cost arguments. There was also an interest in parking the money temporarily while some planning is done, which may not appeal to Town Meeting. Mr. Kelley PK liked Mr. Pato suggestion except he was not sure about using $2.5 million to reduce the tax levy. Mr. Kelley would like to pick up on the $879,821 for allocation in his suggestion, which will let the school pick up the cost for Article 17. He is concerned with the precedent of using funds outside school budget. Mr. Burnell stated that the Town has been trying to develop a commercial sector to help reduce tax rate on residents, so there is a strong argument to look at reducing the tax rate. He believes OPEB is an important obligation and the Town needs to be more aggressive. Mr. Valente explained the alternative option he provided to the Board that looked out for 5 years. This model assumes 5.5% increase in health costs and shows the decline in savings over the 5 years. The option includes using the following money in the FY2013 budget:  $400,000 for Street Maintenance/Reconstruction  $750,000 for OPEB Stabilization Fund  $1,829,821 for Capital Projects/Debt Service Reserve/Building Renewal Fund  $400,000 for Debt Exclusion Offset (tax relief) The Debt Exclusion Offset for FY2014 is suggested to be $1,400,000, which would help shave the peak on exempt debt. The suggested amounts for FY2014 through FY2017 for the Operating Budget/Service Priorities would offset a portion of the tax impact of the debt exclusion for Estabrook School, which is proceeding earlier than anticipated in the Town’s capital plan. Ms. Mauger supports the alternative option for FY2013 for use of the funds because it provides a smooth transition. She would like to have a broader discussion on the Debt Exclusion Offset option, but supports the suggestion for the Debt Exclusion Offset amounts for years FY2013 through FY2017. Selectmen’s Meeting - April 9, 2012 Mr. Cohen also supports the alternative option and feels it is a good idea to provide tax relief with a debt exclusion offset. He asked where the $1,829,821 would be put. Mr. Valente suggested that a new stabilization fund be created that was broadly defined for capital building renewal fund. Mr. Kelley does not support the suggested funding for capital projects/debt service reserve/building renewal fund because it goes off the path of revenue splitting and he feels it is too murky. Regarding Option 2 – Capital Projects/Debt Service Reserve/Building Renewal Fund, Mr. Kelley feels a decision should be put off until more discussion can be heard at the Summit on April 11. All the Selectmen, except Mr. Kelley, support the recommendations under Option 2 Funding Budget Priorities for Debt Exclusion Offset as presented. The Selectmen are comfortable with Mr. Valente sharing the Option 2 information with the Budget Collaboration Group prior to the April 11 meeting. Article 17 – School Bus Transportation Subsidy Mr. Kelley asked where the money would come from if Article 17 is supported at Town Meeting. Mr. Valente said it would come from the tax levy, but it was not clear if the Town would be responsible for the cost next year. Ms. Mauger explained that the request for $316,250 under Article 17 would reduce parent’s bus transportation fee to $300 for one year only. Mr. Manz does not support Article 17 because there are too many unknowns at this time. Mr. Cohen troubled when he learned this was a committee article more than a citizen article and felt the committee should have contacted the Selectmen regarding adding the request to the budget. He agreed it should be in the School budget. Ms. Mauger believes it would be optimal for the money to come from the school budget and that it sets a precedent, but feels it would be worth a one-time effort. Mr. Kelley is in favor of the program only if it is paid for out of the School budget. He still supports the idea given by Mr. Pato at the April 2 Summit to fund this article with the extra funds available using the allocation formula. The School Committee voted to support Article 17, but may revisit that vote. Selectmen’s Meeting - April 9, 2012 Mr. Cohen stated that under Massachusetts law the School budget is voted as one figure and the School Committee can spend the money however they want. He suggests supporting Article 17 as a one-time pilot program with the money to be spend for this purpose only and then clean up the budget next year. Mr. Kelley wants the budget fixed for FY2013. All Selectmen support Article 17 as a one-time expense, except Mr. Kelley only supports if allocated through the School budget. Ms. Mauger is presenting Article 17 at Town Meeting and if approved the Selectmen will work with the School Committee on how to fund. Ms. Dunn, Assistant School Superintendent for Finance and Business, reminded the Selectmen that Article 17 will provide transparency on if it is not included in the school. Article 5 - Appropriate FY2013 Enterprise Fund Budgets Mr. Valente provided the Board with a recommendation for FY2013 retained earnings and a history of balances in retained earnings. A majority of the Selectmen requested that the discussion be deferred until there is time to discuss. Also Mr. Bartenstein would like to address the Board on retained earnings. Mr. Manz and Mr. Cohen current support the recommendation. Consent Agenda - Sidewalk Café Permit for Bertucci’s Upon motion duly made and seconded, it was voted 5-0 to approve the request by Bertucci’s for sidewalk seating, with the conditions determined by the Town Manager’s Office. Documents Presented 1.Estimated Five-Year Health Insurance Savings for Transition to GIC dated 4/9/12. 2.Article 5 – Retained Earnings Appropriated to Support Enterprise Fund Budgets and Certified Retained Earnings The Selectmen recessed at 7:25 p.m. to remain in session and relocate to Cary Memorial Hall for the purpose of discussing Town Meeting Articles 4 through 37. A true record; Attest: Lynne A. Pease Executive Clerk Town Meeting The Board reconvened in Cary Memorial Hall for Town Meeting at 7:30 p.m. Selectmen’s Meeting - April 9, 2012 Town Counsel, Mr. Batt, decided that 8(g) needed a two-thirds vote because the money request by LexHAB might be used for land acquisition which would, if presented to Town Meeting as a specific purchase, require a two-thirds vote. The article was separated and debate was scheduled after all other parts of Article 8 had been voted on. There was a short recess so that Mr. Batt could explain to the Board of Selectmen how he had arrived at his decision. His explanation carried the day although it was pointed out that this had not been brought up in the past. Upon a motion duly made and seconded it was voted 5-0 to adjourn at 10:35 p.m. A true record; Attest: Hank Manz Chairman Summit Meeting 7 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee April 11, 2012 A Summit was held on Wednesday, April 11, 2012, at 6:00 p.m. in the Selectmen Meeting Room, 1625 Massachusetts Avenue. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Mr. Addelson, Finance Director; and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: All School Committee (SC) members; Dr. Ash, Superintendent of Schools; all members of the Appropriation Committee (AC), all members of the Capital Expenditures Committee (CEC), with the exception of Mr. Edson. Options for Funding Budget Priorities The purpose of the meeting was to continue the discussion on the use of the “savings” the Town will realize from joining the Group Insurance Commission (GIC). Based on earlier Summit discussions and comments at Town Meeting, staff drafted a revised proposal for consideration entitled Version 2: Funding Budget Priorities. This proposal includes a property tax relief component. As outlined by Mr. Valente and Mr. Addelson, it differs from the previous presentation as follows: 1.The health insurance model was extended to 5 years (which also helps in evaluating the tax relief component), as recommended by a member of the Appropriation Committee. 2.A tax relief component was added to address the substantial impact the earlier than planned Estabrook School project has had on our excluded debt service. 3.Staff has tried to address the School Committee’s concern of the use of one-time revenues in their FY13 operating budget by proposing that more funding be allocated to the operating budget. 4.The use of funds for a new capital reserve was reduced. While certain Summit participants made a reasonable point that future taxpayers should pay for the future capital projects/upgrades, there are some large (but not massive) capital projects that don’t necessarily justify a separate Proposition 2 ½ debt exclusion vote/effort. 5.Additional funding for Other Post-Employment Benefits (OPEB) was recommended. There may be policy reasons for not funding OPEB, but we suggest that these savings are a very appropriate use of health insurance savings. 6.This new proposal also reflects Town Meeting’s action to fund the reduction in School Bus fees in FY13. Mr. Kanter read a statement on behalf of the four members of the Capital Expenditures Committee in attendance at the meeting. He spoke in support of the Version 2 approach to using the $3,379,821 that is available due to reduced expenses in Health Benefits, but with one additional action. The additional action is to appropriate to the new Capital-related Stabilization Summit Meeting 7 – April 11, 2012 Fund, the approximately $1.21 million of existing Free Cash that is being held for the construction cost of the off-site roadway work associated with the new Estabrook Elementary School for which $170,000 is proposed to be funded under Article 12(n) for the Design and Engineering of that work. Mr. Kanter also stated, the committee endorces Mr. Burnell’s suggestion that the current non-binding $1 million threshold for when the Town would normally go for a capital project debt exclusion is now too low of a threshold. After reviewing the Town Manager’s proposal, Mr. Levine reported that he is against putting more than $500,000 into the OPEB Stabilization Fund. Mr. Kelley agreed with funding OPEB by an additional $500,000, but not by the additional $750,000 proposed. The Capital Expenditures Committee reported that they were in support of an additional $500,000. Upon motion duly made and seconded, it was voted 4-1 (Burnell opposed) to fund OPEB by an additional $500,000. Ms. Stewart, Chair School Committee, reported that the School Committee voted not to endorse the $400,000 debt exclusion offset (tax relief). Mr. Cohen reported that there was support among the Selectmen and asked about the School Committee’s reasons for their decision. Mr. Michelson, Appropriation Committee, commented that he was confused by the School Committee’s reluctance to support the $400,000 debt exclusion offset. Mr. Levine, Appropriation Committee, is not against the debt exclusion offset, but thinks there may also be a way to use the savings to reduce future tax increases. Upon motion duly made and seconded, it was voted 5-0 to open the line item of Article 4 on debt service to add $400,000 for the debt exclusion offset. The group then discussed the $1.5 million proposed for Capital Projects/Debt Service Reserve/Building Renewal Fund plus the $250,000 no longer designated to OPEB. Mr. Cohen referred back to Mr. Pato’s suggestion that we don’t really know exactly how much is being spent on healthcare and wondered what the harm would be to wait until a Special Town Meeting in the fall. Mr. Pato reported that there is still debate among the Appropriation Committee as to whether to keep the funds as undesignated or put them into a stabilization account. Mr. Pato prefers to see it undesignated until the fall. Ms. Mauger would like to wait to hear the decision of the Appropriation Committee on this issue before the Board makes a decision about whether to leave it to a Special Town Meeting or make a motion to do something at this Town Meeting. The majority of the Board would like to delay this decision. Mr. Burnell would prefer not to put it off. The consensus among the other committees was to delay. Summit Meeting 7 – April 11, 2012 The Selectmen recessed at 7:15 p.m. to remain in session and relocate to Cary Memorial Hall for the purpose of discussing Special Town Meeting Article 2 and Annual Town Meeting Articles 4 through 38. Documents Presented 2. Estimated Five-Year Health Insurance Savings for Transition to GIC 3.Version 2: Funding Budget Priorities 4.Option for $3,200,000 in Tax Relief for Excluded Debt Service A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Town Meeting Mr. Burnell presented Article 16 – Appropriate for Public Facilities Capital Projects. An amendment to (e – White House Stabilization) was presented by Mr. Edson and then spoken to by Ms. Stoltz, both of the Capital Expenditures Committee, which would fund the stabilization of the White House instead of indefinitely postponing the project. The Selectmen were 4-1 opposed to the amendment with Mr. Manz in favor. The amendment passed 101-38 at which point the Selectmen voted 3-2 to support 16(e) as amended with Mr. Manz, Mr. Cohen and Mr. Burnell in favor. Upon a motion duly made and seconded, it was voted 5-0 to adjourn at 10:35 p.m. A true record; Attest: Hank Manz Chairman Selectmen’s Meeting April 23, 2012 A regular meeting of the Board of Selectmen was held on Monday, April 23, 2012, at 6:00 p.m. in the Selectmen Meeting Room of the 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. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to litigation and the disposition of real estate and to reconvene in Open Session. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the litigating o the Town. The Selectmen returned to open session at 6:40 p.m. Discuss Adjournment of Town Meeting to Date Certain after Completion of Article 26 The Board discussed with Town Moderator Deborah Brown the need to adjourn Town Meeting to a date certain of May 9 to allow time for information to be prepared and distributed on Article 34 – Amend Zoning By-Law – Dana Home Property Land Rezoning and Article 9 and 10 – Land Purchase – Off Grove Street. Ms. Brown has spoken with the property owner and neighbors who are all agreeable to the May 9 date. Mr. Manz will offer a motion to adjourn Town Meeting to May 9 at the beginning of the evening. Continued Liquor Hearing – Nirav Liquor Store – 335 Woburn Street The Board of Appeals denied the applicants request for a special permit to allow a package store at 335A Woburn Street and the applicant submitted a letter withdrawing its request for a transfer of the liquor license. Upon motion duly made and seconded, it was voted 5-0 to close the liquor hearing and accept the withdrawal of the application for transfer of a liquor license to 335A Woburn Street. Registrar of Voters Upon motion duly made and seconded, it was voted to reappoint Jean Barrett to the Registrar of Voters for a term to expire March 31, 2015. Article 5 – Appropriate FY2013 Enterprise Funds Budgets Mr. Bartenstein read a statement and provided the Selectmen with information on water and sewer retained earnings. He recommends that the Town Manager and Selectmen consider reducing the proposed appropriation of retained earnings from the water fund by $100,000 to Selectmen’s Meeting – April 23, 2012 $350,000; and of retained earnings from the sewer fund by $150,000, to $150,000. This would reduce the combined appropriation of retained earnings from $750,000 to $500,000. He also recommends that the FY2014 water and sewer retained earnings be reduced to $250,000 and the following year be reduced again to $0. The additional revenue should then be used for capital. Mr. Valente and Mr. Addelson met and reviewed Mr. Bartenstein’s recommendation and approve his modest plan for the FY2013 budget for one year only. Staff will model his plan to see if there are any long-term ramifications before they recommend reducing the retained earnings further the following years. Upon motion duly made and seconded, it was voted 5-0 to reduce water retained earnings to $350,000 and the sewer retained earnings to $150,000, as recommended by Mr. Bartenstein and to look into further for future years. Consent Agenda Water and Sewer Commitments Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer commitments: Commitment of Water / Sewer Charges for SP0112 Section 1 $1,725,691.00 Commitment of Water / Sewer Charges for Cycle 9 March 2012 $187,729.66 Commitment of Water / Sewer Charges Finals March 2012 $4,149.64 Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of February 27, 2012, March 5, 2012, March 19, 2012, March 26, 2012 and March 28, 2012. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of February 13, 2012, February 27, 2012 and March 28, 2012. Arbor Day Proclamation Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation proclaiming Friday, April 27, 2012 as Arbor Day. Use of the Battle Green – Discovery Channel Documentary Upon motion duly made and seconded, it was voted 5-0 to approve a request of Jill Lutz, Karga Seven Pictures to use the Battle Green on Thursday, May 10, 2012, to film parts of a documentary entitled “How Booze Built America”. Selectmen’s Meeting – April 23, 2012 Use of the Battle Green – Fox 25 Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to approve a request of Julianne Lee, Fox 25, to use the Battle Green on Tuesday, April 24, 2012, at approximately 11:30 a.m. for one hour to film a segment promoting the summer “Zip Trips”. Town Manager Vacation Request Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s request to take vacation from June 18 to 27, 2012. Sidewalk Permit for Peet’s Coffee & Tea Upon motion duly made and seconded, it was voted 5-0 to approve the request of Peet’s Coffee & Tea, Inc. for sidewalk seating, with any conditions determined by the Town Manager. 2012 Minuteman Cane Award Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to sign the 2012 Minuteman Cane Award for Aurio Pierro. Explanation of Role Selectmen Have on CD Rezoning MOUs Mr. Valente explained that Memorandum of Understanding’s (MOU) address issues outside of rezoning related to traffic, parking, etc. that are specific enough to be enforced. Mr. Kelley proposed that a Covenant should be done for the Inn at Hastings Park to address issues. He is concerned the MOU will not address all the neighbors concerns. A Covenant would be tied to the land and needs to be approved by May 2. Mr. Cohen and Ms. Mauger have no objection to doing a Covenant when the Planning Board has made a decision and thinks the Inn at Hastings Park applicant would agree do one. Mr. Valente usually puts together a team that includes a Planning Board member, Planning Staff, a Selectman and himself to put together a MOU before it goes to the Selectmen for approval or guidance on any necessary changes. Positions on Annual Town Meeting – Article 18 – Appropriate to Post Employment Insurance Liability Fund The Selectmen discussed wither to change the appropriation from $1 million to $500,000. The Capital Expenditures Committee voted not to support the additional $500,000 and discuss further. Mr. Valente asked the Selectmen how they wanted him to present the article. The Selectmen support $1 million and Mr. Valente will present it that way. Selectmen’s Meeting – April 23, 2012 Documents Presented 1.Presentation to Board of Selectmen on Retained Earnings, John Bartenstein, April 23, 2012. 2.Memo from John Bartenstein, Appropriations Committee Re: Article 5 – Water/Sewer Retained Earnings, April 22, 2012 The Selectmen recessed at 7:25 p.m. to remain in session and relocate to Cary Memorial Hall for the purpose of discussing Town Meeting Articles 4 through 37. A true record; Attest: Lynne A. Pease Executive Clerk Town Meeting There were no actions taken by the Selectmen. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:19 p.m. A true record; Attest: Hank Manz Chairman Selectmen’s Meeting April 24, 2012 A joint meeting of the Board of Selectmen and Conservation Commission was held on Tuesday, April 24, 2012, at 6:00 p.m. in Cary Auditorium, Cary Memorial Building. Selectmen Present: Chairman Manz and Mr. Burnell; Conservation Commission Present: Ms. Miller, Chair, Mr. Hamilton, Mr. Kennedy, Mr. Langseth; and Mr. Bitsko; Ms. Mullins, Conservation Director; Ms. Manz, Chair of the Community Preservation Committee (CPC); Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Wright Farm Mr. Manz explained that the Selectmen voted 4-1 to partner with the Conservation Commission on Article 9 – Land Purchase – Off Grove Street and to ask the CPC to fund the purchase price of just under $3 million from the Community Preservation Act (CPA) funds. The CPC has voted 6-2-1 to pay for the purchase of this property from CPA funds. The property is expected to be used for Conservation purposes. The Selectmen believe the property should be for conservation purposes since it has been on the Conservation Commission’s list of properties to be acquired for a long time. Mr. Hamilton gave a brief slide presentation on the Wright Farm Parcel. The acquisition will be for the entire parcel except a lot with the barn, house and garage. The family will remain on the property and the Town will have the option to purchase the property at a later date. The property owner has agreed to the acquisition price of $2,950,000. Funds requested are estimated at $3,047,000 which includes the acquisition price and the following estimates: Land Use Plan - $25,000; Survey - $25,000; Legal/Deed Restriction - $35,000 and Site Assessment - $12,000. Mr. Kreutziger, a member of the Housing Partnership Board, presented a proposed plan to build affordable housing in the form of senior cottages on 1.87 acres of the Wright Farm Property. Ms. McKenna was concerned about the price and terms for the house lot. The Town will have the right of first refusal and currently the Letter of Intent states the cost of the house lot will be $500,000 which will be adjusted annually. Ms. Weiss, 8 Dover Lane, spoke in support of other municipal uses and possible senior affordable housing on the Wright Farm Property and asked the Selectmen to consider. Asked about funding the purchase, Ms. Manz, Chair of the CPC, stated the CPC voted to recommend cash and bonding and that the committee would work out the details. Mr. Kanter, Capital Expenditures Committee (CEC), recommends aggressive funding - $1 million cash and the balance short-term debt and they expect incidental costs to come from CPC cash. Selectmen/Conservation Meeting – April 24, 2012 Mr. Bhatia, Town Meeting Member, Precinct 9, asked if the appraisal was available. He also asked if the Letter of Intent included any restrictions on the use of the property. Mr. Hamilton answered that no promises were made to the sellers and there are no restrictions included in the Letter of Intent. Ms. Mullins, Conservation Director, will try to post the appraisals on the web. Only issue is that they are very large documents. They are available in the Conservation office to look at by the public. Mr. Kanter, CEC, asked for time with the Town Manager and Mr. Manz to review the Letter of Intent. Mr. Pressman, Locust Avenue, referenced a report of the Land Acquisition Planning Committee nd dated April 30, 1996 where the Wright Farm property as listed as the 2 most desirable piece of property. He believes the majority of the land should be for conservation, but he hopes the Town will consider other possible uses for a piece of the land, like affordable housing. Mr. Canale, Project Coordinator for the Heritage Landscape Reconnaissance Study, which was done 4-5 years ago, was funded by the Department of Conservation and Recreation, included participation from all major boards and committees in Town, looked at the cultural landscape and provided recommendations. There was a meeting where a number of stakeholders discussed the disappearance of historic meadow landscapes, the Wright Farm being one that was considered very unique and should be preserved. Mr. Kaufman, Precinct 6 Town Meeting Member, commended that the Town acquires conservation lands because it is necessary for the purpose of species which exist on the land and the tendency to fragment the land actually impairs the conservation value. He does not support affordable housing on the Wright Farm property. Ms. McKenna does not support senior affordable housing being located on the outskirts of Town. She hopes Town Meeting will support the acquisition of the Wright Farm for conservation purposes. Mr. Schlosser, a graduate of Lexington High School in 2007, recently started a business called “Farms in Force, LLC”, a sustainable land management company. He encourages the Town to consider the possibility of new industries, like farming goats, that will provide wonderful benefits to the Town. Documents Presented 1.Mr. Kreutziger presentation on Senior Affordable Housing on Wright Farm Property. 2.Ms. Weiss statement on support of other municipal uses and possible senior affordable housing. 3.Land Acquisition Planning Committee Report dated April 30, 1996. Selectmen/Conservation – April 24, 2012 The meeting adjourned at 8:06 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 25, 2012 A regular meeting of the Board of Selectmen was held on Wednesday, April 25, 2012, at 6:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Public Comment Mr. Kennedy, member of the Conservation Commission and the Conservation Stewards, thanked the 79 Lexington High School student athletes and 4 coaches for the wonderful job they did carrying lumber and distributing it on a trail which is being developed. It was a difficult task and they all did a phenomenal job. Selectmen Concerns and Liaison Reports Mr. Manz reported on the information session regarding the purchase of Wright Farm. Most of the Conservation Commission, the Chair of the Community Preservation Commission, two members of the Board of Selectmen, Ms. Mullins Conservation Administrator, and Mr. Valente were present to answer questions. It was an excellent session and no questions were deferred. Town Manager Report Mr. Valente reported that the bikeway is closed from Bedford Street to Hartwell Avenue due to an abandoned culvert which has given way and created a safety issue. A contractor is coming in to do the repairs and the bikeway is expected to be open by the weekend. Approve Temporary Bicycle Parking Pilot Program Mr. Valente presented the program on behalf of Ms. Tintocalis, Director of Economic Development, who was suddenly called out of town. The proposal is to use one parking space on Mass. Avenue in front of Ride Studio Café for bicycle parking on Saturday and Sunday from May – August. Ms. McKenna, Chair Tourism Committee, reported that this was tried out for one weekend last year and there were no incidents or problems. In addition, businesses in Lexington Center felt that there was a benefit to having more customers from 20 bicycles parked in a spot that normally one car would occupy. The majority of the Selectmen supported the program and suggested that it be extended to the end of October. Mr. Burnell was concerned about the barriers being visible in the dark and wanted more information. Selectmen’s Meeting – April 25, 2012 Wright Farm Discussion Mr. Manz discussed some changes to the Draft Letter of Intent for the Wright Farm purchase. Mr. Valente will pass any changes on to Town Counsel. He is aware that some references to the size of the lots are not correct and has received comments from Conservation and Mr. Kanter of the Capital Expenditures Committee. Any additional comments from the Board can be passed along to Counsel by Mr. Valente. Article Positions No articles were discussed. Approve Revolutionary Revelry Request for Use of the Bike Path Ms. McKenna, chair Tourism Committee, presented the request to use the Bike Path for two th Revolutionary Revelry events. The first event on May 5, Artists En Pleine Aire, would have artists stationed from approximately Hancock Street to just beyond Woburn Street in areas that th are off the path so as not to interrupt the flow of cyclists. On May 19, bicycle tours through Ride Studio Café are planned at 10 am and 2 pm. The Bicycle Advisory Committee has approved the requests. Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Tourism Committee to use the Bike Path on May 5, 2012 for Artists on Pleine Aire and on May 19, 2012 for Bicycle Tours as part of Revolutionary Revelry Month. Consider Inn at Hastings Park Memorandum of Understanding The Selectmen discussed the Memorandum of Understanding between AB Holdings, LLC and the Town of Lexington. As Mr. Manz understands it from the Planning Director, to a great extent, Memoranda of Understandings (MOU) have replaced Covenants. Mr. Manz reported that Ms. Mauger has asked for an opinion from Town Counsel. Mr. Kelley is concerned about what assurances will exist to give protection that what is being offered as commitments by the applicant with respect to the rezoning are indeed commitments that go with the land. Mr. Levin, 15 Winthrop Rd, is working with the applicant. He commented that the applicant is fully committed to the agreement being binding on subsequent owners and working with the Town to respond to any concerns. Ms. Woodward, 2036 Mass. Avenue, voiced concerns about how commitments by the applicant would be enforced. Future Meetings The Selectmen discussed future meetings. Selectmen’s Meeting – April 25, 2012 Consent Approve Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer adjustments: Adjustments to Water/Sewer as recommended by the Water and Sewer Abatement Board ($19,481.34) Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session at 7:15 p.m. to discuss the disposition of real estate and to reconvene in open session only to adjourn. The chairman further declared than 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 8:00 p.m. Upon motion duly made and seconded, it was voted to adjourn at 8:00 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk