HomeMy WebLinkAbout2013-01-BOS-min
Selectmen’s Meeting
January 7, 2013
A regular meeting of the Board of Selectmen was held on Monday, January 7, 2013, at 7:00 p.m.
in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley,
Mr. Cohen; Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk, were present.
Selectmen Concerns and Liaison Reports
Mr. Manz will be trying to put his Selectmen packet on his tablet rather than using a paper copy.
Mr. Burnell was surprised to find the large number of people who watch Town meetings at
home.
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Mr. Burnell announced that any graduates of Lexington High School will meet the 1 Monday of
every month for lunch at the Senior Center. Twenty-one graduates showed up for the lunch
today ranging from the Class of 1939 to the Class of 1964.
Ms. Mauger received a call from a mother who was involved in a road rage incident at a school
that was very frightening. The Town needs to find ways to improve how kids are picked up and
dropped off at schools.
Town Manager Report
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Mr. Valente reported as of January 7 the 2 ambulance will be staffed Monday through Friday
from 8:00 a.m. to 6:00 p.m. He clarified that there has always been a second ambulance, but if
two calls come in at the same time, staff is taken off the ladder truck and put into the ambulance,
taking the ladder truck out of service. With Town Meeting funding provided to bring on extra
staff people and a federal SAFER grant received for four firefighters for a two year period, the
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2 ambulance will be in service without having to take the ladder truck out of service.
Conservation Commission – Ranger Position
Ms. Miller and Mr. Bitsko, members of the Conservation Commission, and Ms. Mullins,
Conservation Director, asked for the Selectmen’s support of a Program Improvement Request for
a part-time Town Ranger. There is over 1,400 acres of Conservation land in Lexington, but
insufficient resources for patrolling leads to problems. The Conservation Commission feels the
problems could be effectively addressed by increased presence, education and enforcement by a
part-time Town Ranger.
Mr. Bitsko summarized the Town Ranger roles and responsibilities: public education,
encouraging compliance and enforcement. In looking at potential revenue to support the cost of
the ranger, the Commission is looking at increasing dog license fees and a new program charging
for off leash dogs. The Commission is also looking at creating an education video to help
educate dog owners on what the expected behavior is on conservation land.
Selectmen’s Meeting – January 7, 2013
The Ranger’s responsibilities would include enforcement and the person would have the power
to issue fines. They hope the Ranger position will help deal with the dog issues, encroachment
issues, illegal dumping and partying after hours.
Asked if this position would be supported by other departments, like Recreation and Cemetery,
Ms. Mullins did speak to other departments who support a town-wide ranger position. Currently
asking for just a part-time ranger, but the hope is to expand in future years to a full-time position.
If the position is approved staff will look at possible revenue and permitting money that could be
used to pay for the position in the future.
Approve Antony Park Design
Ms. McKenna and Ms. Giesecke, Studio 2112 Landscape Architecture, updated the Board on the
Antony Park design and requested approval of the proposed design so it could be completed for
the May 2013 visit of the Antony, France delegation.
The Board approved the proposed location of the Antony Park in Tower Park in September 2010.
The proposed park will include code compliant pathways, curved concrete retaining/seat wall,
stairs to planted slope, stabilized aggregate pathways, perennial plantings at the center, central
artistic element, and columnar trees framing the park.
They have met with Mr. Pinsonneault, Operations Manager regarding any maintenance issues for
the proposed park.
Upon motion duly made and seconded, it was voted 5-0 to approve the Antony Park Design, as
presented, contingent upon final approval of the Historic Districts Commission and successful
fundraising to cover expenses for the park.
Historical Commission Presentation on Community Preservation Committee Projects:
Moon Hill and Merriam Hill Historical Designations
Mr. Kelland, Chair, and Ms. Fenollosa, member of the Historical Commission, provided
information on the proposed Capital Improvement Project requests before the Community
Presentation Committee for Moon Hill National Register Nomination and Merriam Hill
Preservation Project.
Moon Hill
The Six Moon Hill Neighborhood Association requested that the Historical Commission submit
the Moon Hill area for inclusion in the National Register of Historic Places. The funding request
to CPC is for $6,000 (with $2000 being contributed by the Moon Hill Neighborhood
Association) to hire a consultant to do the research necessary to document and submit the
nomination form to the Massachusetts Historical Commission. Moon Hill was designed by an
architecture collaborative and is an important contribution to Lexington’s diversity. Being on the
Selectmen’s Meeting – January 7, 2013
Register provides a certain level of preservation and protection and identifies important
properties for planning purposes, grant opportunities and tax credits for income producing
properties. There will be two public hearings and the project cannot move forward unless a
majority of the neighborhood is in favor.
Mr. Kelley supports Moon Hills request to get on the National Register, but is not comfortable
with public money being used to fund the project. He is also concerned with the limitations put
on people’s property rights to do what they want. He wants it to be clear to residents whose
homes are historically significant what the process is and what it will mean to the homeowner.
The Historical Commission did a mailing in 2007 to all homeowners on the list and in 2010
another mailing was sent to those on a provisional list. They assured the Selectmen that
Lexington’s list of historic places has been cleaned up and is now on the Town’s webpage.
Merriam Hill
Mr. Kelland explained that the Merriam Hill Association requested the Historical Commission
survey their neighborhood to determine if there are significant properties that should be protected
but which are not currently on the list. The Merriam Hill Preservation Project would involve a
preliminary study of all unlisted homes (approximately 300) in the Merriam Hill neighborhood
to identify possible houses for further in-depth study based on standards of the Massachusetts
Historical Commission (MHC). An updated MHC District Data Sheet would be completed, and
if any qualifying houses are identified, up to fifteen of such properties will be designated for
research and documentation by a professional architectural historian on MHC forms.
Prioritizing houses includes looking at its age, architectural style, the architect of the house and
historical events associated with the property or with the people who lived there. The Historical
Commission will vote on which homes to include on the Comprehensive Cultural Resources
Survey of Lexington. Funds requested for this project are $3,000 with an additional $500 being
contributed by the Merriam Hill Association.
The Selectmen are concerned that notice prior to any consideration of putting houses on the
Inventory is not being done. There have been instances where residents have checked the
Inventory to see if a particular house was listed and it was not and then returning for a demo
permit and the house was on the list.
Mr. Kelland responded that the Historical Commission never puts houses on the Inventory after a
demo permit was applied for.
Asked by Mr. Burnell about the process, Mr. Kelland answered that the Historical Commission
would hold a public hearing before a decision is made on which houses should be added to the
Inventory and all homeowners would be notified that their houses were under consideration for
adding to the Provisional List.
Selectmen’s Meeting – January 7, 2013
Asked if there is an appeal process, Mr. Cohen answered that appeals would go through the court
system.
The Selectmen want to make sure that the Historical Commission notifies all homeowners in the
Merriam Hill neighborhood whose houses will be looked at for this project. It was suggested
that notification be sent out by Registered Mail.
Mr. Kelland said the Historical Commission will notify homeowners when they get a list of
houses that should be considered for the Inventory, prior to adding them to the Provisional List.
Mr. Kelley asked for clarification of the Inventory and Provisional List. Mr. Kelland responded
that the Provisional list is a list of homes not on the inventory that the Historical Commission
would like to add to the inventory but they have not been researched yet.
Ms. Mauger asked whether the Town should do character preservation community-wide rather
than piecemeal.
Mr. Kelland responded character preservation and historical architectural characteristics are two
different issues. Historic architectural characteristics of a house are considered by professionals
to be architecturally significant, which is different from the character of a neighborhood.
Character is taken into account if the house is historic. If houses are similar in a neighborhood
they probably would not want a mansion built in the middle.
Mr. Adler, Precinct 1, Village Circle, applauds request for earlier notification, but is concerned
the cost to homeowners if the courts are the only appeal process.
Mr. Pressman, 22 Locust Avenue, does not think the Historical Commission information is clear
on how to request a house be removed from the Inventory.
Approve and Sign Eagle Letters for Nicholas Enzmann and Samuel Williams
Upon motion duly made and seconded, it was voted 5-0 to send a letter of commendation to
Nicholas Enzmann and Samuel G. Williams congratulating them on attaining the highest rank of
Eagle in Boy Scouting.
Approve Non-Represented Employee Salary Increases
Mr. Valente provided a list of non-represented employee positions and requested that the Board
approve the staff recommendation of 2 percent cost-of-living wage adjustments for FY2013 for
non-union employees to be consistent with union settlements for FY2013.
Upon motion duly made and seconded, it was voted 5-0 to authorize a 2 percent cost-of-living
salary adjustment for FY2013, effective July 1, 2012, for non-represented municipal employees
as presented by the Town Manager.
Selectmen’s Meeting – January 7, 2013
Future Meetings
The Selectmen will schedule meetings for February 11, February 25 and March 11 for 7:00 p.m.
Meetings will be scheduled for March 18, March 20, March 27, April 1, April 3, April 8, April
10 and April 22 for 6:00 p.m. before Town Meeting.
Consent Agenda
One-Day Liquor License – Jonas Clarke School Association
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
Jonas Clarke Middle School Association to serve beer and wine at the Clarke Night Out
Fundraiser on Saturday, January 26, 2013, from 7:00 p.m. to 10:30 p.m. at The Depot Building,
13 Depot Square.
Letter of Support – MAPC Grant – Safe Routes to School
Upon motion duly made and seconded, it was voted 5-0 to approve sending a letter of support to
the Metropolitan Area Planning Council to include with a Grant Application for the Lexington
Safe Routes to School Program.
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 collective bargaining strategy related to the AFSCME DPW
Union and Library Union. Further, the Chairman declared that an open meeting discussion may
have a detrimental effect on the bargaining position of the Town.
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session
to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further,
the Chairman declared that an open meeting may have a detrimental effect on the negotiating
position of the Town.
Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
January 14, 2013
A regular meeting of the Board of Selectmen was held on Monday, January 14, 2013, at 7:00
p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr.
Kelley, Mr. Cohen; Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease,
Executive Clerk, were present.
Selectmen Concerns and Liaison Reports
Mr. Manz made an observation about the danger of walking around town and that it is important
that committees are looking at ways to make it safer with different land configurations.
Ms. Mauger reminded seniors that there are tax relief programs available through the Human
Services Department.
Mr. Manz wanted residents to know that Town Officials will make the time to meet with
residents on any issue and that they should call and make an appointment.
West Lexington Greenway Report
Mr. Ohmart, Chair of the Greenway Corridors Committee summarized the completed West
Lexington Greenway Master Plan, prepared by Vanasse Hangen Brustlin, Inc. (VHB), which is a
five-mile swath of primarily open space on the west side of Interstate 95/Route 128. Ownership
of the various parcels include several Town properties, most of which are in Conservation, as
well as parcels owned by the City of Cambridge, NStar, the Boston Sports Club and individual
property owners.
Mr. Ohmart reviewed the summary of goals and objectives of the planning process, site
inventory findings and recommendations, which included:
Proposed trail alignments;
Street crossings;
Design guidelines; and
25% design phase for the proposed Minuteman Connector from Minuteman Commuter
Bikeway to Wood Street only, due to the inability of the Town to reach an agreement
with the private property owner.
It is suggested that a copy of the mapping data from the Master Plan and 25% Design Phase
documents be filed with the Department of Public Works to incorporate with the Town GIS
information, in addition to copies retained by Conservation and Recreation.
The Greenways Corridor Committee will return to the Selectmen with a prioritized list of
recommendations for implementing various elements of the Master Plan.
Selectmen’s Meeting – January 14, 2013
Cary Memorial Building Planning Committee Presentation
Mr. Johnson, Chair of the Cary Memorial Building Program Committee, introduced Mr. Mills
from Mills Whitaker Architects, LLC, to make the presentation. The Committee is unanimous in
its support of the proposed project and feels it will provide many benefits to Lexington.
The Committee was tasked with reviewing the prior study report, to seek public input for
prioritized work, enhance the schematic design and update the estimated costs. The Committee
desired a plan for the project that would improve life safety, improve building systems and
improve facility usability.
Mr. Mills reviewed the existing designs, demolition plans and proposed changes for the exterior,
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basement, 1st floor, 2 floor, attic and roof. He explained how the acoustics in Battin Hall were
reviewed and how to fix for the different venues that would use it. He reviewed the proposed
design of the Thrust Stage and how it would work for Town Meeting, performances and exhibits.
Preliminary project budget is: $1,536,683 for Life Safety Improvements; $3,969,763 for
Building System Improvements; $3,030,680 for Facility Usability Improvements. Total
Preliminary Project Budget is $8,537,126. Incremental cost of next two steps is: $548,836 to
prepare construction documents in FY2014 and $7,988,290 for bidding and construction process
in FY2015 and 2016.
Mr. Kelley wants to see a step system for the chiller in case air conditioning is needed in both the
Town Office Building and Cary Memorial Building at the same time.
Mr. Burnell suggested that the proposed drop off area outside Cary Memorial Building be
available for temporary parking during the day. He also feels it is important for Estabrook Hall
to be improved so that it can be used as meeting space and also as a performance hall for
Children’s theater.
Asked if the meeting rooms in the Cary Memorial Building would be wired for LexMedia
cameras, sound and projection systems, Mr. Mills said the proposal includes working on
Estabrook Hall, Bird Room, Ellen Stone Room and Legion Room.
Mr. Kelley asked if a gas-fired system could be considered for the Cary Memorial Building. The
Committee discussed that and was not able to make it work.
Mr. Burnell suggested that the Townwide Facilities Master Planning Committee needs to
consider this proposal in its prioritization of Town buildings.
Mr. Hurley, member of the Capital Expenditures Committee (CEC), says the CEC recommends
that this project go forward to the 2013 Annual Town Meeting. It needs to be addressed and is
ready to go now. The design work needs to be done to see how it compares with other projects.
Selectmen’s Meeting – January 14, 2013
Mr. Kanter, CEC and Town Meeting Member, read a brief statement that endorses the project.
Preliminary FY2014 Budget Presentation
Mr. Valente presented the preliminary FY2014 operating and capital budget recommendations.
The proposed budgets provide for a balanced budget. The financial/budget priorities include:
maintain adequate reserves, maintain building maintenance/extraordinary repair funding,
continue funding of Post Employment Benefits liability, continue road/intersection/traffic
calming/sidewalk funding and recognize potential purchase of 33 Marrett Road.
Key program restoration and improvements include: Community Center Maintenance,
Arborist/Tree Climber, Administrative Police Sergeant, View Permit Technology, Professional
Services for Planning, Professional Services and Residential Analyst for Assessing, and
Electronic Voting.
Current reserve recommendations are: Post Employment Benefits Fund - $750,000, Debt
Service/Capital Stabilization - $2,184,000 and Unallocated Revenue - $2,474,000.
The recommended capital budget is very aggressive and includes: General Fund Debt -
$7,509,422, Water Debt/Cash Capital - $1,095,500, Sewer Debt/Cash Capital - $1,445,500,
Recreation Enterprise Capital - $261,750, Cash Capital - $5,408,387, State Aid/Reserves -
$1,020,164, and CPA-Town Projects Only - $1,538,318.
Outstanding issues include: excluded debt service mitigation, use of unallocated revenues,
potential Marrett Road purchase and state and federal aid.
Budget accomplishments include aggressive capital program proposed, health insurance budget
tamed and consideration of potential purchase of 33 Marrett Road.
Next steps include responding to questions and addressing open issues. Final recommended
budget will be presented February 25 and the final budget will be provided to the financial
committees and Town Meeting Members on March 4.
Mr. Burnell wants to have a discussion on how to address the OPEB unfunded liability. Ms.
Mauger will check with the OPEB Working Group about scheduling another meeting.
Mr. Kelley asked whether Marrett Road was included in the debt projections. Mr. Addelson is
working on a model that would include the possible purchase on Marrett Road to get a sense
where the burden peak would be and how the debt would look beyond FY2016.
Draft Warrant for 2014 Annual Town Meeting
The Selectmen reviewed the list of proposed articles for the 2013 Annual Town Meeting.
Selectmen’s Meeting – January 14, 2013
Article 29 (Amend General Bylaws – Public Ways and Places) will be discussed at the next
School Transportation and Safety Study Committee to decide if it should stay on the warrant or
be removed.
Article 31 (Amend General Bylaws – Trees) is being reviewed by Town Counsel.
The Selectmen need to discuss Article 32 (Demolition Delay Bylaw) to figure out an appeal
process and who it makes sense to appeal to. Mr. Cohen feels appeals should go through the
court system. Mr. Valente will check with Town Counsel on other possible ways to address the
appeal process and whether this article should be included on the warrant.
Review Financing Plan for Wright Farm Purchase
Mr. Addelson explained the need to finance the Wright Farm acquisition ($2,950,000) through
debt with CPA funds. Given the uncertainty of whether the Town will be purchasing the 33
Marrett Road property, and how that may impact the Community Preservation Fund balances,
staff is recommending that the Town issue a one-year Bond Anticipation Note for the Wright
Farm property. At the 2013 Annual Town Meeting the status of the Marrett Road purchase will
be known and an informed decision can be made on the permanent financing of the Wright Farm
and potential Marrett Road property.
Mr. Kelley suggested doing a 5-year bond. Mr. Addelson explained the downside for that would
be locking up the future flow of CPA revenue, which would affect other projects.
Mr. Cohen endorses a 1-year Bond Anticipation Note because of the need to have flexibility
when extra projects come up.
Mr. Burnell prefers doing permanent financing now.
Mr. Kanter, Capital Expenditures Committee, urges the Selectmen to respect the commitment
made to use a collegiate approach on funding and to meet with the finance committees and
Community Preservation Committee to discuss.
Mr. Addelson needs to have a decision of the Selectmen tonight in order to have enough time to
prepare the necessary paperwork.
Ms. Mauger, Mr. Manz and Mr. Burnell support the recommendation of Mr. Addelson.
Appointment – Historic Districts Commission Associate
Mr. Kelley does not support the reappointment of Ms. Hopkins for the same reason he did not
support the reappointment of Mr. Ross to the Historic Districts Commission. He is troubled with
the Commission’s decisions on the White House and the inappropriate building at 46 Bedford
Street.
Selectmen’s Meeting – January 14, 2013
Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed) to reappoint Lynn
Hopkins to the Historic Districts Commission as an associate member representing the Historical
Society, for a term to expire December 31, 2017.
Consent
One-Day Liquor License – Historical Society
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
the Lexington Historical Society to serve rum at the Cronin Lecture (Rum & Revolution) on
Friday, February 8, 2012, from 8:00 p.m. to 10:00 p.m. at the Depot Building.
One-Day Liquor License – Lexington Symphony
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
the Lexington Symphony to serve all alcohol at a fundraising event on Sunday, January 27, 2012,
from 5:00 p.m. to 7:00 p.m. at the Depot Building.
Approve Martin Luther King March and Use of Battle Green
Upon motion duly made and seconded, it was voted 5-0 to approve the use of the Battle Green
and a Unity Walk on Massachusetts Avenue from the Battle Green to the Cary Memorial
Building on Sunday, January 20, 2013, beginning at 1:30 p.m. for Martin Luther King Day
ceremonies.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of December 17,
2012 and December 19, 2012.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of December 17, 2012 and December 7, 2013.
Documents Presented
1.Cary Memorial Building Renovation Study Presentation
2.Comments by David Kanter on the Cary Memorial Building Upgrades Project to the
Selectmen at its meeting on January 14, 2013.
3.FY2014 Preliminary Budget and Financing Plan Presented to the Selectmen January
14, 2013.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session
to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further,
the Chairman declared that an open meeting may have a detrimental effect on the negotiating
position of the Town.
Selectmen’s Meeting – January 14, 2013
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session
to discuss strategy with respect to collective bargaining strategy related to the Police Superior
Officers Union. Further, the Chairman declared that an open meeting discussion may have a
detrimental effect on the bargaining position of the Town.
Upon motion duly made and seconded, it was voted to adjourn at 10:30 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Summit Meeting 4
Board of Selectmen, School Committee, Appropriation Committee
and Capital Expenditures Committee
January 16, 2013
A Summit was held on Wednesday, January 16, 2013, at 7:00 p.m. in the Public Services
Building Cafeteria, 201 Bedford Street. Ms. Mauger, Chairman, Mr. Kelley, Mr. Cohen, Mr.
Manz and Mr. Burnell; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for
Finance, Mr. Kalivas, Budget Officer and Ms. Chabot, Assistant to the Executive Clerk, were
present.
Also Present: All members of the School Committee (SC) with the exception of Ms.
Steigerwald; Dr. Ash, Superintendent and Ms. Dunn, Assistant Superintendent for Finance and
Business; all members of the Appropriation Committee (AC) with the exception of Mr.
Michelson; all members of the Capital Expenditures Committee (CEC).
Review FY2014 Proposed Budget
Mr. Valente reported that the proposed budget recommended by the Town Manager and
Superintendent of Schools is a balanced budget, maintains the Town’s current level of services,
and includes flexibility should the members of the Summit or the Selectmen wish to make
changes in any of the priorities or propose other programs. The budget also has flexibility
should the Town see reductions in state or federal aid. Mr. Valente commented that the Town is
projecting a $7.2 million increase in operating revenues, about 4.7%, which is very similar to the
increase in the FY 2013 budget.
Recommended FY2014 Operating Budget
Mr. Valente pointed out that priorities included in the recommended FY 2014 Operating Budget
are to maintain adequate reserves; maintain building maintenance/extraordinary repair funding;
continue funding of Post Employment Benefits Liability; continue road/intersection/traffic
calming/sidewalk funding; and recognize the potential purchase of 33 Marrett Road.
When reviewing the FY14 Budget Summary by cost center, Mr. Valente highlighted the “Other”
category totaling approximately $7.5 million. Included in this category is $1.3 million for the
potential purchase of the 33 Marrett Road property, $2.2 million for the new debt service capital
stabilization fund; $775,000 to continue to fund Other Post Employment Benefits (OPEB)
liability; $750,000 for potential state or federal grant reductions, and $2.5 million of unallocated
revenue.
Looking at the Shared Expenses portion of the budget, Mr. Valente highlighted and explained the
reasons for the contributory retirement change from $5.2 million appropriated in FY13 to $4.8
million in the FY14 recommended budget, and employee benefits from $23.2 million to $22.5
million.
The Town Manager’s key program restoration and improvements include: Facilities –
Community Center Maintenance ($323,888); DPW – Arborist/Tree Climber ($58,249);
Summit 4 – January 16, 2013
Police – Administrative Sergeant ($73,019); Community Development/Fire/Engineering – View
Permit Technology ($38,999); Planning – Professional Services ($15,000); Assessing –
Professional Services ($50,000); Assessing – Residential Analyst – pending study ($70,950);
Town Meeting – Electronic Voting ($40,073).
Mr. Valente noted a couple of Reserve recommendations in FY14 as follows: $750,000 for the
Post Employment Benefits Fund; no increase for the Stabilization Fund; $2,184,000 for Debt
Service/Capital Stabilization; and $2,474,000 in unallocated revenue.
Capital Budget
Mr. Valente reviewed a summary of all the Capital proposed spending, broken out by funding
source, and noted that the total increased from $12.3 million in FY13 to a proposed $16.7 million
in FY14. Under the General Fund category, Mr. Valente noted that of the total $7.5 million,
$690,000 was for the first phase of engineering for infrastructure improvements for Hartwell
Avenue; $2.9 million for the Concord Avenue sidewalks; and $360,000 for design and
engineering for additional classrooms at Lexington High School. Some of the larger items that
make up the $5.4 million total under Cash Capital are $1.9 million for street/road/sidewalk
improvements; $500,000 for a new fire engine, $390,000 for storm water culvert repairs; and
$155,000 for storm water improvements related to the National Polution Discharge Elimination
System (NPDES) program.
Mr. Valente gave a history of the Town’s total levy supported debt service and noted that the
$5.5 million projected in FY14 is about a 5% increase which goes along with the Town’s plan to
have our debt service grow about the same rate as our revenues. He pointed out that the
projected figure of $5.2 million for FY16 decreases by about $600,000, from $5.8 million in
FY15, and that is in an effort to absorb some of the cost in the case that the High School project,
estimated at $3 million, goes forward.
Mr. Valente gave a breakdown of total cash capital funding shown through free cash and the tax
levy. The total of $5,360,748 in FY14 is an 86.9% increase over FY13 and is due to the Town
having a healthy amount of free cash certified as of July 1, 2012. On the tax levy side, the belief
that the Town can fund a substantial increase over the prior year is because of the moderation we
have seen in our health insurance cost.
With regard to the proposition 2 ½ excluded debt service, Mr. Valente gave a history of excluded
debt and a projection going out to FY16. The substantial increase from FY12 to the following
years is a result of the Bridge, Bowman and Estabrook projects. The Selectmen were able to
shave the peak in FY13 by $400,000 using tax levy revenues to reduce our excluded debt. At the
Special Town Meeting we set aside $1.6 million in our Debt Service Capital Stabilization Fund
with the thought that it would be applied in FY14 to help reduce the impact on taxpayers. This is
a discussion for the Selectmen and the rest of the group to have about using those funds to see if
we can continue to provide some tax relief. The budget includes a similar thought for FY15 and
then our excluded debt starts to drop off, so we have at least a path to help moderate the impact
on our tax payers by those 3 large excluded debt projects.
Summit 4 – January 16, 2013
Outstanding Issues
Mr. Valente went over the outstanding issues that the group will be deliberating in the coming
weeks:
Excluded Debt Service Mitigation
Use of Unallocated Revenues (about $2.5 million)
Potential Marrett Road Purchase
State and Federal Aid
Capital Expenditures Committee Comments Regarding Proposed Capital Budget
Ms. Hai reported that the Capital Expenditures Committee is generally in support of the
recommendations in the budget with some comments and exceptions. Under Economic
Development Center Pocket Park and Alley Design, the committee had a question about what
sort of legal structure would be created given that this is private property. Under Fire, the CEC
supports the Fire Pumper Replacement but hopes that Town Counsel will be able to achieve a
refund for Engine 2 to apply to the new purchase. Under Public Facilities the CEC is deferring
recommendation on the Muzzey Senior Center upgrades until the decision has been made on the
purchase of 33 Marrett Road. The committee has no exception to the second F350 vehicle, but is
looking for clarification on the Town’s policy regarding such vehicle purchase as being a capital
request. Two members of the committee remain opposed to the Interior Painting Program being
a capital program. Under Public Works, the Hastings Park Gazebo, the CEC is deferring
recommendation until they get more information because the proposed project is over 30% of the
assessed value. The CEC supports the Street improvements program but is awaiting the results
of recently collected data to see whether the current program has made the expected
improvements in the Town’s average Pavement Condition Index. The CEC would support
accelerating the Hydrant Replacement Program if the DPW feels it can handle an increase in the
pace. With regards to Town Wide Signalization Improvements, there are some questions about
prioritization. Regarding Pump Station Upgrades, there is some concern about emergency power
implementation and the committee wants to see that is not abandoned. The CEC needs further
clarification on the Hartwell Avenue Infrastructure improvements, and the interplay between this
request and the Sidewalk Improvement request which includes $200,000 for sidewalks in this
area. Under the Public Schools, System-wide Technology, the committee has concerns over the
underlying plan. Under General Government, LexHab Set-Aside for Housing Acquisition, one
member’s support was conditioned upon the funds being only for community housing either on
the Busa or Leary Land.
Next Steps
Mr. Valente explained that the staff is prepared to answer questions from the group. The group
should think about open issues. The Selectmen need to vote on the recommended budget by
February 25. The financial committees should receive the budget by March 4.
Mrs. Coppe (SC) read the following statement regarding the establishment of building renewal
funding:
Summit 4 – January 16, 2013
“In October 2009, the Ad Hoc Facilities Committee made its final report to the School
Committee. In it were seven recommendations, one of which was to budget sufficient operating
funds to keep the schools, as well as other town buildings, in proper repair, commencing in FY
11. (This report is included in your packet.) To meet this recommendation, the Department of
Public Facilities has requested the establishment of an annual appropriation to fund building
renewal projects, intended to replace building systems with a 20 to 25 year life. These projects
are important to preserve the Town’s capital assets, which include both municipal and school
buildings.
“Building systems, such as roofs and mechanical systems have an expected life that can be
predicted and planned for replacement. These replacements can cost over one million dollars,
particularly for large school buildings. Deferring maintenance can result in conditions that inhibit
effective delivery of services and programs.
“From 1948 to 1972, Lexington built 1,000,000 square feet of new buildings. Twenty years later,
when these buildings needed substantial maintenance work, the Town hired Archetype and
HMFH to develop a plan. HMFH recommended the town spend $200,000,000 to renovate school
buildings. The PBC worked with the architects to bring to the voters a reduced scope. PBC also
recommended the Town increase funding for maintenance. After a failed override to renovate
three secondary schools in 1998, the scope of the projects was reduced and some life-cycle
maintenance was further deferred.
In 2000, the School Building Assistance funding program was ended by the legislature.
Previously, all projects, including deferred maintenance were funded at approximately 59% for
Lexington, which is one of the reasons the Town previously rejected increased local capital
funding. The new Massachusetts School Building Authority (MSBA) is far more limited:
deferred maintenance will no longer be funded, the reimbursement rate was reduced to 33%, and
only one project at a time can be submitted. We can no longer shift the cost of maintenance to
the Commonwealth of Massachusetts.
“Therefore, the School Committee voted to recommend that a new capital funding process be
established for 20 to 25 year system replacement projects. This funding process would be in
addition to the annual capital process for smaller projects and debt exclusions for extraordinary
capital (e.g., new buildings or major renovations). Under the proposed model, a new school, such
as Estabrook, would be funded by debt exclusion, and the Bridge and Bowman system
replacements would have been funded from the proposed ongoing capital fund.
“The School Committee urges the Summit support a new model to provide funds for maintaining
all town buildings on an on-going basis.”
Ms. Manger proposed that the discussion of policy issues regarding the funding for major
projects be put in the Board of Selectmen Goal setting that is coming up and get input from the
Committees.
Summit 4 – January 16, 2013
In response to Mr. Levine (AC) and Mr. Kanter’s (CEC) questions about whether some of the
$2.4 million in unallocated revenue would remain unallocated until a later date, Mr. Valente
commented that was a viable option especially considering that Lexington’s Annual Town
Meeting is early in the year.
In response to Mr. Kelley’s invitation to weigh in on the use of the 33 Marrett Rd. property, Mr.
Hurley (AC) would recommend a Community Center.
Review Draft List of Annual Town Meeting Warrant Articles
Ms. Manger thanked Mr. Cohen for his work on the Warrant. She pointed out that one or more
of the General Articles concerning general bylaws may come off of the Warrant. The Selectmen
will sign the final Warrant on January 28, 2013. Mr. Cohen explained that Articles 16 and 17
were requested by the Retirement Board.
Establish Date for Budget Collaboration-Summit 5
The next meeting will be scheduled for Wednesday, February 13, 2013, at 7:00 p.m.
Documents Presented
1.FY2014 Preliminary Budget and Financing Plan
2.Memorandum of the Ad Hoc Facilities Committee to the Members of the Lexington
School Committee Regarding the Final Report to the School Committee dated
October 16, 2009.
Upon motion duly made and seconded, it was voted to adjourn at 8:55 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
Selectmen’s Meeting
January 28, 2013
A regular meeting of the Board of Selectmen was held on Monday, January 28, 2013, at 7:00
p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr.
Kelley, Mr. Cohen; Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease,
Executive Clerk, were present.
Public Comment
Ms. McKenna, Chair of the Tourism Committee and Antony Working Group, invited residents to
purchase tickets for the Lexington-Antony Sister City Association “A French A Faire” wine,
cheese, bread and Chocolate auction and entertainment event on Sunday, February 10.
The Selectmen agreed to provide a flag and case to be auctioned at the “A French A Faire” event
that will be flown over the Battle Green during Incorporation Weekend.
Selectmen Concerns and Liaison Reports
Mr. Manz attended the Massachusetts Municipal Association Annual Meeting and collected
good information on Medical Marijuana and Disaster Recovery.
LexHAB Update on Fairview Property
Mr. Burbidge and Mr. Hays updated the Selectmen on the status of the LexHAB property located
at 11 Fairview Avenue. LexHAB has met with some of the neighbors and held a public meeting
on September 12, 2012 so that those interested had a chance to review the plan, ask questions
and share their concerns. Residents were concerned about traffic issues, increased groundwater
flow, density and potential effects on property values.
LexHAB met with a group of neighbors on January 8, 2013 to address two of the neighborhood’s
major issues of concern. With respect to density, LexHAB suggested an alternative plan that
includes renovation of the existing three-bedroom home and construction of a single three-unit
building.
In regard to the groundwater concerns, LexHAB asked John Noonan of Noonan and McDowell,
Inc. to offer his observations. Percolation tests were conducted on all corners of the property and
as a result of those tests, it was concluded that there would be no adverse affects on the
groundwater conditions in the neighborhood.
The Selectmen received one email from Mr. Johnson, 60 Wood Street, who lives near two
Section 8 homes on Alpine Street and has problems with dumping of trash, dog barking and
questionable people knocking on his door. He is concerned that this new affordable housing on
Fairview Avenue will invite the same problems. He would like the project to be kept to a single
family home.
Selectmen Meeting – January 28, 2013
LexHAB followed up with the Lexington Housing Authority who maintains the Alpine Street
properties and also reviewed the entire site and could not find any evidence to substantiate Mr.
Johnson’s complaint. The Lexington Housing Authority only received one complaint
approximately one year ago from an abutter on Wood Street concerned about leaves and papers
going into her yard from the tenant. The Lexington Housing Authority promptly corrected the
problem and encouraged the abutter to contact them in the future if they had any future concerns
or problems.
Mr. Kelley asked if six parking spaces would be enough for the 3-unit structure.
Mr. Hays explained the process to move forward. This project is a 40B application in a Town
that has already achieved the 10 percent required affordable units so there is no precedence for
this application. LexHAB will review the project with the Board of Appeals before submitting
the application to the State. The Department of Housing and Community Development (DHCD)
requires Selectmen endorsement, then Board of Appeals approval, then public hearing and then
approval or denial.
LexHAB needs to assess whether the Selectmen, Board of Appeals and neighbors support the
proposed plan.
Mr. Burnell asked for clarification on renting the units. Mr. Hays stated that the application will
ask for 4 units total with one under state system and three under local system.
The Selectmen have no concerns about the current proposed plans for 11 Fairview Avenue.
Mr. Adler, Precinct 1, Town Meeting Member, asked if one of the units would be handicap
accessible. Mr. Burbidge responded that one unit would be reserved as a handicap accessible
unit.
Mr. Botman, 4 Hayward Avenue, feels the project is too large for the neighborhood and there are
not enough parking spaces. He is also concerned about the traffic and potholes in the
neighborhood.
Mr. Treytak, 25 Hayward Avenue, is concerned with the density of the project with the safety of
kids at the bus stop. He is also concerned with the existing houses driveway, which is actually
an extension of Hayward Avenue.
Ms. Mauger recommends that the Traffic Safety Advisory Committee look into traffic in that
area and make sure the School Department is involved. The Town Manager will make DPW
aware of the pothole issue.
Ms. Weiss, 8 Dover Lane, supports the project as proposed.
Selectmen Meeting – January 28, 2013
Ms. McKenna, 9 Hancock Street, is concerned with precedent of overriding the current Town
zoning regulations.
Ms. Manz, member of the Housing Partnership Board (HPB) and Community Preservation
Committee (CPC) Chair, stated the HPB supports the project. In response to Ms. McKenna’s
question, the Town was able to reach the 10% required affordable housing units when the
Avalon Bay project on Concord Avenue was built, but to maintain the 10% level the Town needs
to build three units every year. She also reported that the CPC voted to support the proposed
project.
Mr. Byington, 12 Hayward Avenue, is concerned with the density of the project which would
change the character of the neighborhood. He suggested that only the existing house be
renovated.
Ms. Campbell, 3 Lois Lane, has a sister who lives in the neighborhood with water problems and
feels the additional units will increase those problems.
Mr. Botman, 4 Hayward Avenue, stated last spring houses on Fairview had water in their
basements and felt the PERC tests which were done did not look at extreme conditions.
Bike Parking and ParkLet Proposal
Ms. Tintocalis, Economic Development Director, gave a presentation on the proposed Bike
Corral and ParkLet for 2013, including support from various stakeholders, three locations looked
at, selection criteria, LexEngage Survey, bike counts and modular structure and safety elements
to be included.
The proposal is for a semi-permanent bike and seating area on Massachusetts Avenue near the
Ride Studio Cafe. Staff and committee members from Economic Development, Planning,
Tourism, Engineering, Police, Bicycle, Center and Design Advisory are interested in providing a
semi-permanent structure that would remain in place during late Spring through early Fall. The
structure is estimated to cost $15,000 to $20,000 plus the cost of street furniture. Funding
sources include: existing funds budgeted for Center improvements, the Center Improvements
Stabilization Fund; and gifts/donations from center businesses.
If the Selectmen are open to the concept, staff will work with the Design Advisory Committee
and Historic Districts Commission on a design that will be presented to the Selectmen for final
approval.
Mr. Manz supports the project and would like to see tables and chairs versus couches. This will
address the issue of the sidewalk being too narrow on that side of Massachusetts Avenue for
establishments to have an outdoor seating area.
Selectmen Meeting – January 28, 2013
Ms. McKenna, Tourism Committee, is supportive of and suggests that it be in place from April 1
through October when the Liberty Ride is running.
Mr. Zurlo, member of the Planning Board, presented a suggested double wide parklet with a bike
corral on each side. This is suggested because the Police wanted to have the bike corral before
the seating area for safety reasons.
Approve and Sign Final Warrant for the 2013 Annual Town Meeting and Special Town Meeting
Article 31 – Amend General Bylaws – Demolition Delay Bylaw
Ms. Fenollosa, member of the Historical Commission, was concerned because she just heard
about this warrant article and the Historical Commission (HC) was not consulted about it and has
not met to discuss. She stated that the HC currently does the notification to residents prior to
placing a property on the inventory and if it is stated in the bylaw it would create certain rights
for the residents. She requested an opportunity for the HC to meet with the Selectmen and
discuss the issues outside of Town Meeting.
The Selectmen’s intent for the article was to codify current practice by including in the bylaw the
need for notification prior to a house being considered for the Inventory.
Mr. Burnell wants the bylaw change so that the HC cannot say they do not have to notify since it
is not in the bylaw. He would be happy to discuss a regulation but said there have been incidents
to trigger concern about whether notification is being sent early enough.
Mr. Cohen would like to handle the issue with a regulation rather than complicate the bylaw.
Mr. Manz wants to see the Inventory turned into a database, and also provide for a budget. He
would propose a regulation rather than change the bylaw.
Mr. Kelley proposed that those added to the Inventory since 2007 be given the opportunity to be
removed from the list. He supports the article.
The Selectmen will leave the proposed article in the warrant, but will invite the Historical
Commission members to the next Selectmen’s meeting to discuss options for a regulation. The
article can be indefinitely postponed at Town Meeting if necessary.
Ms. Fenollosa requested that Town Counsel be included in the next discussion. Mr. Valente will
follow-up.
Upon motion duly made and seconded, it was voted 5-0 to sign the 2013 Annual Town Meeting
and Special Town Meeting Warrant, allowing for minor changes as recommended by Town
Counsel.
Selectmen Meeting – January 28, 2013
FY2014 Budget Discussion
The Selectmen discussed the following in regard to the Town Manager’s FY2014 Preliminary
Budget and Financing Plan:
OPEB Funding - $750,000. Mr. Burnell suggests using $1.6 million for OPEB which
would cover this year’s obligation. Mr. Cohen feels the time is coming when the Town will be
forced to fund this liability, but is concerned $1.6 million would not be approved at Town
Meeting. Mr. Kelley does not want to fund more than $750,000 until there is legislation or
regulations. Ms. Mauger will check with the other members of the OPEB Working Group to see
if they need to meet again and discuss how to present to Town Meeting.
Debt Service/Capital Stabilization Fund - $2.184 Million (Excluded Debt Service
Mitigation). Mr. Cohen wants it made clear at Town Meeting that this money will be used to
reduce the exempt debt service which will help taxpayers.
Proposed Program Improvement Requests. The Selectmen did not want to deviate from
the staff’s recommendations. Ms. Mauger asked what the effect on staff would be if a policy is
put in place to replace 130 trees every year. She also asked for clarification on the proposed
Ranger position.
Approve Common Victualler and Entertainment Licenses for Upper Crust
The Lexington Upper Crust establishment was bought by a new company who plans to open
quickly and request a new liquor license in the near future.
Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler
License and Entertainment License for UC Lexington, LLC d/b/a The Upper Crust, located at 41
Waltham Street, subject to their receiving all the necessary permits and approvals from both the
Building and Health Departments.
Appointments
Greenway Corridor Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Aaron Ladd to the Greenways
Corridor Committee for a term to expire September 30, 2013.
Town Celebrations Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Julie Miller to the Town
Celebrations Committee to fill the unexpired term of James Shaw until June 30, 2014.
Upon motion duly made and seconded, it was voted 5-0 to appoint Barbara Manfredi to the
Town Celebrations Subcommittee for a term to expire June 30, 2013.
Selectmen Meeting – January 28, 2013
Town Manager Appointments – Commission on Disability
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Victoria Buckley, Janet Perry and Francine Stieglitz to the Commission on
Disability for terms to expire October 30, 2015.
Consent Agenda
Water and Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted 5-0 to approve the following water and
sewer commitments and adjustments:
Commitment of Water/Sewer charges Cycle 9 November 2012 $214,473.26
Commitment of Water/Sewer charges Cycle 9 December 2012 $205,549.76
Commitment of Water/Sewer charges December 2012 Finals $2,773.20
Commitment of Water/Sewer charges November 2012 Finals $2,560.76
Adjustments to Water/Sewer as recommended by WSAB 1/7/13 ($17,881.44)
One-Day Liquor License – A French A Faire
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
the Tourism Committee/Antony Working Group to serve wine at the “A French A Faire” on
Sunday, February 10, 2013, from 4:00 p.m. to 6:30 p.m. at the Depot Building.
One-Day Liquor License – St. Brigid Parish
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
the St. Brigid Parish to serve beer and wine at the Irish Night on Saturday, March 16, 2013, from
6:00 p.m. to 11:00 p.m. at the St. Brigid Church.
Documents Presented
1.Proposed Bike Corral & Parklet Presentation by Melisa Tintocalis, Economic
Development Director, January 28, 2013.
2.Proposed Double Wide Parklet, Greg Zurlo.
Executive Session
Upon motion duly made and seconded, it was voted by roll call 5-0 to go into Executive Session
to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further,
the Chairman declared that an open meeting may have a detrimental effect on the negotiating
position of the Town.
Selectmen Meeting – January 28, 2013
Upon motion duly made and seconded, it was voted by roll call 5-0 to go into Executive Session
to discuss strategy with respect to collective bargaining strategy related to the Police Superior
Officers Union and Lexington Police Association. Further the Chairman declared that an open
meeting discussion may have a detrimental effect on the bargaining position of the Town.
Upon motion duly made and seconded, it was voted to adjourn at 10:55 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk