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Home My WebLink About2016-03-28-BOS-Packet-releasedSELEC T MEN'S MEETING Mond ay, March 28, 2016 Room 143 Lexingto n High Sc hool 6:00 PM AGENDA PUBLIC COMMENTS Pub lic c o mments are allo wed fo r up to 10 minutes at the b eginning of eac h meeting. Eac h s p eaker is limited to 3 minutes for comment. Memb ers of the Board will neither c o mment no r respond , o ther than to as k q ues tions of clarific ation. Speakers are encouraged to notify the Selec tmen's Offic e at 781-698-4580 if they wis h to s peak during pub lic comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1.Sc hool Committee Reques t (15 min.)6:00 PM 2.Artic le Pres entatio ns/Disc ussion/Pos itio ns (10 min.)6:15 PM 1. Dis c ussion of Artic les befo re To wn Meeting as needed. 2. Dis c ussion of Artic le 2 Reports . 3.Sign Warrant for a S p ecial Town Meeting 2016-4 on April 25, 2016 (5 min.)6:25 PM 4.Call fo r May 3 Deb t Exclus io n and Vo te Questio n (5 min.)6:30 PM 5.Selec tmen Co mmittee Appointments (5 min.)6:35 PM 1. Human Rights Co mmittee - Mary Barry-Ng 2. Tax Deferral and Exemption S tud y Committee - Richard Bair 6.Town Manager Appointment - Bo ard of Health (5 min.)6:40 PM CONSENT AGENDA 1.Sign Flag Certific ate - Retiring Navy/Army Robert Jo hn Wis hart 6:45 PM EXECUTIVE SESSION 1.Exemp tion 6: P urc hase o f Land-20 P elham Road (15 min.)6:50 PM ADJOURN 1.Approximate Ad jo urn Time 7:05 PM The next meeting of the Board o f Selec tmen is s ched uled fo r Wednes day, Marc h 30, 2016, at the Lexingto n High Sc hool in Room 143, 251 Waltham S treet. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and subject to change. AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: School Committee Request (15 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.1 SUMMARY: Last week, the S c ho o l Co mmittee vo ted in favo r of endorsing a resolution p ut forward by the Sub urban Coalitio n calling for the state to recognize its s ub c ommittee's recommend atio ns and endorse Chap ter 70 full p ro grammatic funding fo r Massac hus etts public s tudents. The Bo ard will c ons id er the Sc hool Committee's reques t to jo in them in endors ing this resolution. The Board will als o c o ns id er the p o s ition of the Massac hus etts Municipal As s o ciatio n (MMA) on this is s ue. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/28/2016 6:00 PM ATTACHMENTS: Des crip tion Typ e Subarban Coalition referendum letter Exhibit Subarban Coalition referendum Exhibit Subarban Coalition referendum s upporters Exhibit Memorandum from the Town Manager Cover Memo MMA Pos ition on Chapter 70 Funding Backup Material Chapter 70 Resolution The success of Massachusetts’ economy is a result of dedicated commitment and strategic priorities. Beginning as the birthplace of public education in America and advancing to the 21st century, student achievement in Massachusetts is frequently cited, by various academic measurements, as the best in the nation. This enduring tenet is a key ingredient to the strength of our State’s economy. Strong public schools provide the foundation for successful college students as well as a feeder system for bright, innovative future leaders in the workplace. If we do not take active steps to preserve our commitment to public education, other states will be glad to gain a marginal advantage. After acknowledging that the 1993 funding formula for Chapter 70 contains unrealistic and outdated factors, the Massachusetts Legislature commissioned a study group known as the Foundation Budget Review Commission in 2014. The task was to determine the cost of providing an adequate education in current times in Massachusetts. The results were released in two phases, one in June 2015 and the other this past November, and they confirmed what educators and local officials have long known to be true: the cost of educating the students of Massachusetts is severely underestimated by the existing funding formula. As we prepare local FY17 budgets, the Suburban Coalition urges each town’s Board of Selectmen, School Committee and Finance Committee or Advisory Committee to adopt the attached resolution that simply asks the Legislature and the Governor to fund the recommendations of the Foundation Budget Review Commission. Especially during the recession, the cost of an adequate education has disproportionately fallen on local taxpayers and the resulting strains on local budgets are not sustainable within the limits of Proposition 2 ½. The Suburban Coalition has chosen this specific area of focus because Chapter 70 is generally the single largest contributor to the bottom line of cities or towns’ Cherry Sheets. Additionally, too many cities and towns have struggled with “minimum aid increases” for five or more years, and the timeliness of the Foundation Budget Review Commission’s reports makes this the ideal budget cycle. With the release of the Governor’s budget proposal, it has become clear that we need to stand together if we hope to see progress with Local Aid. We would like to track our progress, so please alert us at DorothyPresser@suburbancoalition.org after your boards have voted to send the attached resolution (see below) to Beacon Hill. Sincerely, Dorothy Presser President Reference documents on our position: Foundation Budget Review Commission Final Report http://www.mass.gov/legis/journal/desktop/2015/fbrc.pdf “Cutting Class: Underfunding the Foundation Budget’s Core Education Program”, Massachusetts Budget and Policy Center http://www.massbudget.org/reports/pdf/Cutting_Class.pdf “Our Communities and Our Commonwealth: Partners for Progress and Prosperity”, Massachusetts Municipal Association http://www.mma.org/images/stories/NewsArticlePDFs/mma_news/mma_partnership_principles.pdf “A Preview of the FY17 Budget”, Massachusetts Budget and Policy Center http://massbudget.org/reports/pdf/FY17BudgetPreview_Final_1-21-2016.pdf “Building a Strong Economy: The Role of Education, Transportation and Tax Policy”, Massachusetts Budget & Policy Center http://massbudget.org/reports/pdf/building%20a%20strong%20economy.pdf Massachusetts Municipal Association Testimony http://www.mma.org/advocacy-mainmenu-100/letters-to-stateleaders/14517-mma- testimony-to-joint-committee-on-ways-and-means-urging-support-for-key-municipal-and-school-aid- programs Suburban Coalition P O Box103 ConcordM A 01742 P hone781-326-2473 www.suburbancoalition.org Resolution Calling for Full Funding of the Foundation Budget Review Commission’s Recommendations Whereas the Massachusetts Foundation Budget Review Commission identified two areas (employee health insurance and special education) where the Massachusetts Foundation Budget significantly understates the true cost of educating students in the Commonwealth and has failed to keep pace with rising costs; Whereas this underfunding means the cost of providing a quality education has increasingly been borne by local communities, most often at the expense of other vital municipal operations; Whereas investing in education today leads to higher incomes, and thus less investment in police, prisons, subsidized health care, low income housing, welfare, etc. in the future; Whereas state and local economies are most effectively strengthened “by investing in education and increasing the number of well-educated workers.” Therefore Be It Resolved that the [insert name of local governing board here] calls on the Massachusetts Legislature and the Governor of Massachusetts to fully fund and adopt the recommendations of the Foundation Budget Review Commission in the immediate future. ________________________________ Committee Name ________________________________ Signature– Committee Chair ________________________________ Printed name – Committee Chair ________________________________ Date Suburban Coalition P O Box103 ConcordM A 01742 P hone781-326-2473 www.suburbancoalition.org Rationale:The Foundation Budget Review Commission (FRBC) was established by the Legislature in the FY16 budget and was charged with examining the Foundation Budget (Chapter 70) formula. The formula was first established as part of the Education Reform legislation in 1993 and has not been thoroughly reviewed or updated since that time. The FBRC found that the current formula understates costs significantly in two areas: Employee Health Insurance and Special Education. If the recommendations of the FBRC had been implemented in the FY16 budget, state funding for education would have been about $500 million more than it was. However, if Chapter 70 reflected the true cost of education, the number would be closer to $2 billion. Spending by school districts over the required Net School Spending amounts has increased, as a whole, for more than a decade, indicating that communities are using local property taxes and diverting funding from other portions of municipal budgets to fund their schools. In FY14, the total spending above Foundation in the state was $1.7 billion. At the same time, the state’s commitment to municipal aid has declined. Since 2001, unrestricted local aid has been cut by 43%. The net effect is a combination of cuts to local and school services and an increasing reliance on the regressive property tax. The evidence overwhelmingly establishes the correlation between a well-educated workforce and higher income individuals. States that invest more in education have a higher paid workforce; also, states that increase the level of education of their population see greater productivity and higher wages over time. The link can then easily be made between higher paid individuals and less reliance on various forms of government assistance, as well as lower rates of crime. A state’s high school and college attainment rates are important factors in the state’s overall economic strength. Additionally, investments in education can have significant long-term impacts on state and local economies, as well-educated individuals tend to stay relatively local and contribute tax dollars to the state and municipality in which they reside. In general, the taxes paid over time by these individuals are substantially higher than the cost of their public education. Communities Supporting Resolution Calling for Full Funding of the Foundation Budget Review Commission’s Recommendations M arch1,2016 SuburbanCoalition Chapter 70 Resolution The message is getting out. In just three weeks since we launched a Resolution Calling for Full Funding of the Foundation Budget Review Commission’s Recommendations, seven School Committees have passed the resolution. Many other boards and committees, including Boards of Selectmen and Finance Committees, have it on their agendas for consideration. To date, we have been notified by the following that they have passed the resolution: Board of Selectmen Arlington Douglas Groton Harvard Lunenburg Northbridge North Reading Oxford Finance Committee: Ashland Lunnenburg Northbridge North Reading Oxford Walpole School Committee: Amesbury Arlington Ayer Shirley Belchertown Blackstone-Millville Chelmsford Douglas Dudley-Charlton Fall River Framingham Hingham (this was a slightly amended version) Holliston Leicester Lincoln-Sudbury Marshfield Melrose Millbury Mohawk Trail Regional School District Needham Northbridge North Reading Norwood Oxford Peabody Quaboag Regional Revere Rockport Salem Silver Lake Regional Southeastern Regional Voke Tech Sutton Walpole West Springfield Wilmington Winchester Why is this so important? The Governor’s budget for FY17 increases Chapter 70 by only 1.6%. It does nothing to recognize the findings of the FBRC regarding the systemic underfunding of the Foundation Budget in the areas of Special Education and employee health insurance. The estimated amount of this underfunding is approximately $2 billion. While the Governor’s budget seems to honor the commitment to share revenue growth with municipalities by increasing Unrestricted General Government Aid (UGGA) by 4.6%, it ignores the fact that for most communities, the largest portion of local aid comes from Chapter 70. The issue of underfunding affects every aspect of municipal operations. When Chapter 70 aid is inadequate, municipalities must depend on the local property tax to make up the difference. A strong system of public education helps drive and sustain a strong state economy. It does the same for our communities. Let your legislators know that we are looking to them to implement the recommendations of the FBRC beginning with the FY17 budget by passing the Resolution Calling for the Full Funding of the Foundation Budget Review Commission’s Recommendations. Here is a link to the resolution: Chapter 70 Funding Resolution The Suburban Coalition is a statewide organization of local officials that advocates for the resources, funding and support at the state level to sustain thriving communities throughout the Commonwealth. We work to ensure that every municipality has the resources to provide high-quality essential services of life safety, education and infrastructure maintenance to its citizens. We provide input to the state about local services, state funding and state regulations. By speaking with one voice, we can address mutual problems more effectively at the state level. The Suburban Coalition is the only statewide organization that brings together Selectmen, School Committees and Finance Committees and other local officials to jointly advocate for our communities. For more information, visitsuburbancoalition.org. Questions? Contact Dorothy Presser at dorothypresser@suburbancoalition.org. Sincerely, Dorothy Presser President Town of Lexington Town Manager’s Office Carl F. Valente, Town Manager Tel: (781) 698-4540 Linda Crew Vine, Deputy Town Manager Fax: (781) 861-2921 1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420 Memorandum To: Board of Selectmen From: Carl Valente Date: March 25, 2016 Re: Suburban Coalition Position on Chapter 70 Education Funding The School Committee has requested that the Board of Selectmen endorse the position of the Suburban Coalition as it relates to the Governor’s proposed funding of Chapter 70 for FY17, and convey this position to our State legislators. While many of the points made by the Coalition are important to Lexington, in the past, I have cautioned the Board on endorsing positions that may be different than those of the Massachusetts Municipal Association (and vetted by the MMA Fiscal Policy Committee), as it may send a conflicting message to our legislators. I have shared the Suburban Coalition position with John Robertson, Legislative Director for the MMA. John’s commented that: “Generally, the MMA has taken a broader position on Chapter 70 than the Suburban Coalition in the Resolution, asking for increased minimum aid to soften the impact of low growth in the foundation budget and asking for implementation of the recommendations of the Foundation Budget Review Commission. They (the Coalition) talk about implementation in the "immediate future." We are a little less definite and talk about a plan to "begin implementation." The Suburban Coalition focuses on the FBRC recommendations but only on the employee benefits and special education provisions and not on the low-income - high need student parts. We ask for implementation of all parts of the recommendation related to the foundation budget. The Suburban Coalition Resolution is pretty limited in its focus. We prefer our broader approach and tone.” Perhaps, if the Board wishes to take a position on Chapter 70 funding, a brief letter to our legislators endorsing the main concepts of both positions would be appropriate. Wednesday, March 16, 2016 HOUSE BUDGET COMMITTEE PREPARING FISCAL 2017 STATE BUDGET UGGA, CHAPTER 70, AND KEY MUNI & ED ACCOUNTS AT STAKE PLEASE CALL YOUR REPRESENTATIVES TODAY AND SECURE THEIR PLEDGE TO SUPPORT THE $42 MILLION INCREASE IN UNRESTRICTED MUNICIPAL AID, HIGHER CH. 70 MINIMUM AID, AND FULL FUNDING FOR KEY EDUCATION AND MUNICIPAL REIMBURSEMENTS AND GRANTS The House and Senate budget committees have wrapped up public hearings on the fiscal 2017 state budget and are now drafting detailed spending plans that reflect the priorities of each branch. We know from our meetings with legislators that many of you have met with your legislators on local priorities for the many municipal and school aid accounts in the state budget. With the House Ways & Means Committee’s version of the budget scheduled for release on April 13, it is imperative that you call your legislative delegation to highlight the importance of key local aid accounts before final decisions are made. On February 29, MMA officers and other local officials testified on the many municipal and school aid accounts that the MMA tracks and supports. Please click here to see MMA’s detailed testimony. Please ask your Representatives to talk to the House Ways & Means Committee and ask that they support the main statewide priority accounts and your own local priorities. UNRESTRICTED GENERAL GOVERNMENT AID (UGGA) This is a top priority. Ask your legislators to support the $42 million increase in the Unrestricted General Government Aid (UGGA) account included in H. 2, the fiscal budget recommendation submitted by the Governor in January. The UGGA account is currently funded at $979.8 million, and the 4.3 percent increase in H. 2 would simply track the growth in state tax revenues forecast for next year. CHAPTER 70 SCHOOL AID The Governor’s budget recommendation provides a far-too-small 1.6% increase in Chapter 70 school aid, which is much to low. Please ask your legislators to support funding increases for two key aspects of the Chapter 70 calculation for fiscal 2017. The first increase is to ensure adequate funding for the current basic school aid framework. The second is to begin implementation of the Foundation Budget Review Commission’s recommendations to correct outdated and obsolete aspects of the foundation budget framework. MINIMUM AID SHOULD BE $100 PER STUDENT. Please support an increase in the “minimum aid” amount to $100 per student, instead of the $20-per-student amount in the Governor’s budget. This is an important way to offset the low inflation factor used to adjust foundation budget components for fiscal 2017 and to help correct the impact of the change in how low-income students are counted. We are also asking legislators to review how low-income students should be counted and added into the formula. FLAWS IN THE CHAPTER 70 FORMULA SHOULD BE FIXED. Second, please ask your legislators to support the implementation of the Foundation Budget Review Commission’s recommendations to update the Chapter 70 “foundation budget” minimum spending standards for special education and health insurance costs for school employees, and to add to the spending standard a measure of recognition for the cost of services for low-income, English Language Learner (ELL) and other students who would benefit from more intensive services. The Chapter 70 framework is clearly outdated and inadequate, and the Commission’s recommendations would address the major shortcomings in the formula. REIMBURSEMENTS FOR SCHOOL AID LOSSES RELATED TO CHARTER SCHOOLS Please ask your Representatives to support full funding of the state’s legal commitment to reimburse school districts for the loss of a portion of their Chapter 70 aid that is redirected to fund charter schools. This is a growing financial burden on cities and towns that is becoming more acute as the state grants more charters and existing charter schools expand. The shortfall in charter school reimbursements is crippling funding for schools in scores of cities, towns and school districts. SPECIAL EDUCATION “CIRCUIT BREAKER” Please ask your Representatives to support full funding of the Special Education “Circuit Breaker” Program, through which the state provides a measure of support for services provided to high-cost special education students. H. 2 would level- fund the Special Education Circuit Breaker program at $272 million. This means that the Governor’s budget likely underfunds reimbursements by approximately $10 million. PLEASE CALL YOUR REPRESENTATIVES TODAY TO SUPPORT THESE FOUR MAJOR MUNICIPAL AND SCHOOL AID ACCOUNTS, AND DISCUSS OTHER LOCAL PRIORITIES THANK YOU! AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Article Presentations/Discussion/Positions (10 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.2 SUMMARY: Attac hed is a revis ed Article Positio n table for you to c o ntinue taking p o s itio ns . Also Attached is a revis ed Artic le Assignment lis t. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/28/2016 6:15 PM ATTACHMENTS: Des crip tion Typ e Updated Article Pos itions Backup Material Updated Article As s ignments Backup Material ARTICLE POSITIONS 2016 SPECIAL AND ANNUAL TOWN MEETING ARTICLE SPECIAL TOWN MEETING 2016-3 PRESENTATION JP PK NC MC SB AC CEC SC Article 2 Appropriate for Middle Schools – Additions and Remodeling Yes Yes Yes Yes Yes Article 3 PEG Access and Cable Related Fund Acceptance IP Yes Yes Yes Yes Yes ARTICLE ANNUAL TOWN MEETING - FINANCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 4 Appropriate FY2017 Operating Budget Yes Yes Yes Yes Yes Article 5 Appropriate FY2016 Enterprise Funds Budgets Yes Yes Yes Yes Yes Article 6 Appropriate for Senior Service Program Yes Yes Yes Yes Yes Article 7 Establish and Continue Departmental Revolving Funds and Special Revenue Fund Yes Yes Yes Yes Yes ARTICLE FINANCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 8 Appropriate the FY2017 Community Preservation Committee Operating Budget and CPA Projects: a) Munroe Tavern Archaeological Dig b) Munroe Center for the Arts Window Study c) Lexington Arts & Crafts Society Parsons Gallery Lighting Renovation d) Visitor Center Renovation e) Keeler Farm Community Housing Acquisition f) Greeley Village Rear Door and Porch Preservation g) Wright Farm Barn Needs Assessment and Feasibility Study h) Antony Park Construction Funds i) Minuteman Bikeway Wayfinding Signs Implementation j) Town Pool Renovation Design and Engineering Costs k) Park Improvements – Hard Court Resurfacing l) Granite Forest Pocket Park Construction at Lincoln Park m) Park Improvements – Athletic Fields n) Park and Playground Improvements o) Grain Mill Alley Design Implementation p) CPA Debt Service q) Administrative Budget 3/2 IP IP Set up Presentation Yes Yes Wait Yes Yes Yes Yes Wait Yes Yes Yes Yes Yes Yes Yes yes yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Wait Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Wait Yes Yes Yes Yes Wait Yes Yes Yes Yes Yes Yes Yes Yes Yes Article 9 Appropriate for Recreation Capital Projects Yes Yes Yes Yes Yes ARTICLE FINANCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 10 Appropriate for Municipal Capital Projects and Equipment a) Center Streetscape Improvements and Easements b) DPW Equipment c) Street Improvements and Easements d) Storm Drainage Improvements and NPDES Compliance e) Hydrant Replacement Program f) Comprehensive Watershed Storm Water Management Implementation g) Massachusetts Avenue – Three Intersections Improvements and Easements h) Sidewalk Improvements, Additions, Designs and Easements i) Town-wide Culvert Replacement j) Town-wide Signalization Improvements k) Cary Memorial Library Walkway Replacement l) Pleasant Street Sidewalk and Easements m) Replace Town-wide Phone Systems – Phase V n) Head End Equipment Replacement/ Packet Shaper – Phase V o) Election System Upgrade p) Parking Meter Replacement – Phase 2 q) Transportation Mitigation r) Ladder Truck Replacement s) Public Safety Radio Stabilization IP Yes Yes Yes Yes Yes Yes Recuse Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Article 11 Appropriate for Water System Improvements IP Yes Yes Yes Yes Yes Article 12 Appropriate for Wastewater System Improvements Yes Yes Yes Yes Yes ARTICLE FIANNCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 13 Appropriate for School Capital Projects and Equipment Yes Yes Yes Yes Yes Article 14 Appropriate for School Zone Traffic Calming (Citizen Article) IP Yes Yes Yes Yes Yes Article 15 Appropriate for Public Facilities Capital Projects: a) Town-wide Roofing Program b) School Building Envelopes and Systems Program c) LHS Heating Systems Upgrade d) Municipal Building Envelopes and Systems e) Building Flooring Program f) Public Facilities Bid Document g) Diamond Middle School Renovations - Construction h) Clarke Middle School Renovations – Construction i) School Traffic Safety Improvements j) Security Camera Upgrade to Digital from Analog k) Munroe School Roof l) LHS Security Evaluation and Upgradem) LHS Guidance Space Mining – Design n) LHS Nurse Office and Treatment Space – Design o) LHS Fitness Center/Athletic Training Floor p) Fire Headquarters Exercise Room Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Article 16 Appropriate for Advice and Analysis – Getting to Net Zero 3/2 – wait for motion Article 17 Victory Garden Way Acceptance Yes Yes Yes Yes Yes Article 18 Appropriate to Post Employment Insurance Liability Fund Yes Yes Yes Yes Recuse Article 19 Appropriate Bonds and Notes Premiums IP Yes Yes Yes Yes Yes Article 20 Rescind Prior Borrowing Authorizations Yes Yes Yes Yes Yes ARTICLE FINANCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 21 Establish and Appropriate To and From Specified Stabilization Funds Yes Yes Yes Yes Yes Article 22 Appropriate to Stabilization Fund IP Yes Yes Yes Yes Yes Article 23 Appropriate from Debt Service Stabilization Fund Yes Yes Yes Yes Yes Article 24 Appropriate for Prior Years’ Unpaid Bills Unknown Article 25 Amend FY2016 Operating, Enterprise and CPA Budgets TBD Article 26 Appropriate for Authorized Capital Improvements TBD ARTICLE GENERAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 27 Establish Qualifications for Tax Deferrals 3/14 Yes Yes Yes Yes Yes Article 28 Accept Chapter 59, Section 2D of the MGL (Citizen Article) 3/14-IP Yes Yes Yes Yes Yes Article 29 Amend General Bylaws – Neighborhood Conservation Districts 3/7 Yes Yes Yes Yes Yes Article 30 Amend General Bylaws – Demolition of Buildings 3/21 Yes Yes Yes Yes Yes Article 31 Amend General Bylaws – Contracts and Deeds TBD Yes Yes Yes Yes Yes Article 32 Amend General Bylaws – Trees IP Article 33 Amend General Bylaws – Trees IP Article 34 Amend General Bylaws – Guns New resolution Yes No Wait Yes No Article 35 Lexpress Resolution 3/7 Resolution Wait Wait Wait Wait Wait ARTICLE ZONING/LAND USE ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 36 Amend Zoning Bylaw – National Flood Insurance District 3/7 Yes Yes Yes Yes Yes Article 37 Amend Zoning By-Law – Technical Corrections 3/7 Yes Yes Yes Yes Yes Article 38 Amend Zoning Map – Government-Civic District(s) 3/7 Yes Yes Yes Yes Yes Article 39 Amend Zoning By-Law – Maximum Height of Structures 3/14 Yes Wait Yes Yes Yes Article 40 Amend Zoning By-Law – Accessory Apartments 3/14 Yes Wait Yes Yes Yes ARTICLE ZONING/LAND USE ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 41 Amend Zoning By-Law – Floor Area Ratio (FAR) 3/7 Wait Wait Wait Wait Wait Article 42 Amend Zoning By-Law – Two-Family Homes 3/14 Wait No No Yes No Article 43 Amend Zoning By-Law – Banking and Real Estate Service Uses in the CB District 3/14 Wait Wait Wait Wait wait Article 44 Amend Zoning By-Law – Planned Development Districts 3/7 Yes Yes Yes Yes Yes Article 45 Amend Zoning By-Law - Brookhaven Abstain 1 2016 SPECIAL TOWN MEETING 2016-3 AND ANNUAL TOWN MEETING WARRANTS ARTICLE ASSIGNMENTS WARRANT FOR SPECIAL TOWN MEETING 2016-3 Article 1 Reports of Town Boards, Officers and Committees .................................................. Article 2 Appropriate for Middle Schools – Additions and Remodeling ........................ Suzie Article 3 PEG Access and Cable Related Fund Acceptance .............................................. Joe FINANCIAL ARTICLES Article 4 Appropriate FY2017 Operating Budget ............................................................... Joe Article 5 Appropriate FY2017 Enterprise Funds Budgets ............................................... Peter Article 6 Appropriate for Senior Service Program ..................................................... Norman Article 7 Establish and Continue Departmental Revolving Funds and Special Revenue Fund.................................................................................. Norman Article 8 Appropriate the FY2017 Community Preservation Committee Operating Budget and CPA Projects ............................................................ Norman Article 9 Appropriate for Recreation Capital Projects ..................................................... Suzie Article 10 Appropriate for Municipal Capital Projects and Equipment ...................... Michelle Article 11 Appropriate for Water System Improvements ........................................................... Article 12 Appropriate for Wastewater System Improvements ......................................... Suzie Article 13 Appropriate for School Capital Projects and Equipment .................................. Suzie Article 14 Appropriate for School Zone Traffic Calming (Citizen Article) ................ Michelle Article 15 Appropriate for Public Facilities Capital Projects ............................................ Peter Article 16 Appropriate for Advice and Analysis - Getting to Net Zero ...................... Michelle Article 17 Victory Garden Street Acceptance ............................................................... Norman Article 18 Appropriate to Post Employment Insurance Liability Fund ................................ Joe Article 19 Appropriate Bonds and Notes Premiums ..................................................... Norman Article 20 Rescind Prior Borrowing Authorizations .......................................................... Peter Article 21 Establish and Appropriate To and From Specified Stabilization Funds ........... Suzie Article 22 Appropriate to Stabilization Fund .............................................................................. Article 23 Appropriate from Debt Service Stabilization Fund .................................... Michelle Article 24 Appropriate for Prior Years’ Unpaid Bills ................................................... Norman Article 25 Amend FY2016 Operating, Enterprise and CPA Budgets ......................................... Article 26 Appropriate for Authorized Capital Improvements ................................................... GENERAL ARTICLES Article 27 Establish Qualifications for Tax Deferrals ....................................................... Suzie Article 28 Accept Chapter 59, Section 2D of the MGL (Citizen Article) .................................. Article 29 Amend General Bylaws - Neighborhood Conservation Districts ........................ Joe Article 30 Amend General Bylaws – Demolition of Buildings ................................................. Article 31 Amend General Bylaws – Contracts and Deeds .......................................... Norman Article 32 Amend General Bylaws - Trees ........................................................................ Suzie Article 33 Amend General Bylaws - Trees ........................................................................ Suzie Article 34 Amend General Bylaws - Guns (Citizen Article) ................................................ Joe Article 35 Lexpress Resolution (Citizen Article) ................................................................. Joe 2 ZONING/LAND USE ARTICLES Article 36 Amend Zoning Bylaw – National Flood Insurance District ............................. Peter Article 37 Amend Zoning Bylaw – Technical Corrections ......................................... Michelle Article 38 Amend Zoning Bylaw – Governmental-Civic District(s) ................................. Suzie Article 39 Amend Zoning Bylaw – Maximum Height of Structures .......................................... Article 40 Amend Zoning Bylaw – Accessory Apartments ......................................... Norman Article 41 Amend Zoning Bylaw – Floor Area Ratio (FAR) ..................................................... Article 42 Amend Zoning Bylaw – Two-Family Homes ........................................................... Article 43 Amend Zoning Bylaw – Banking and Real Estate Service Uses in the CB District ....................................................................................................... Article 44 Amend Zoning Bylaw – Planned Development Districts .......................................... Article 45 Amend Zoning Bylaw –Brookhaven (Owner Article) ............................................... AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Sign Warrant for a Special Town Meeting 2016-4 on April 25, 2016 (5 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.3 SUMMARY: Attac hed is a draft warrant for the April 25 Spec ial To wn Meeting 2016-4. SUGGESTED MOTION: Mo tion to sign the warrant fo r the Spec ial Town Meeting 2016-4 to b e held o n Ap ril 25, 2016. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/28/2016 6:25 PM ATTACHMENTS: Des crip tion Typ e Draft STM 2016-4 - April 25, 2016 Backup Material D R A F T 1 TOWN WARRANT Town of Lexington Special Town Meeting 2016-4 Commonwealth of Massachusetts Middlesex, ss. To any of the Constables or the Town Clerk of the Town of Lexington Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet in the Margery Milne Battin Hall in Cary Memorial Building, 1605 Massachusetts Avenue, in said Town on Monday, April 25, 2016 at 7:30 p.m., at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. ARTICLE 1 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES To receive the reports of any Board or Town Officer or of any Committee of the Town, or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) ARTICLE 2 MINUTEMAN REGIONAL SCHOOL BONDING AUTHORIZATION To see if the Town will approve the amount of $144,922,478 for the purpose of paying costs of designing, constructing and originally equipping a new district school, to be located at 758 Marrett Road, Lexington, Massachusetts, and for the payment of all other costs incidental and related thereto (the “Project”), which school facility shall have an anticipated useful life as an educational facility for the instruction of school children of at least 50 years, and for which the District may be eligible for a school construction grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended at the direction of the School Building Committee. To meet this appropriation, the District is authorized to borrow said amount, under and pursuant to Chapter 71, Section 16(d) of the General Laws, and the District Agreement, as amended, or pursuant to any other enabling authority. The District acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need as determined by the MSBA, and any Project costs the District incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the District and its member municipalities; provided further that any grant that the District may receive from the MSBA shall not exceed the lesser of (i) forty four and three quarters percent (44.75%) of eligible, approved Project costs, as determined by the MSBA, or (ii) the total maximum grant amount determined by the MSBA, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the District and the MSBA. (Inserted by the Board of Selectmen) DESCRIPTION: The Minuteman Regional School Committee on March 15, 2016 voted to incur debt for a new district school. If no member town votes its disapproval within 60 days of the School Committee vote, the debt will be deemed approved. D R A F T 2 ARTICLE 3 ACCEPT EASEMENT To see if the Town will vote to authorize the Board of Selectmen to accept a perpetual, non-exclusive easement over land located at 482 Bedford Street upon which a bus shelter was constructed by the owner, Trust for the Benefit of the Beth Israel Hospital Association and the Children’s Hospital Corporation, at the request of the Town; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Passage of this Article will authorize the Town to accept an easement over land that the Town requested for a bus shelter. ARTICLE 4 AMEND GENERAL BYLAWS – CAPITAL EXPENDITURES COMITTEE To see if the Town will vote to amend Section 29-12 of Chapter 29 (Committees) of the Code of the Town of Lexington to allow for an increase in the number of appointees to the Capital Expenditures Committee, or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the Moderator) DESCRIPTION: This article would provide the Moderator with the flexibility to increase the number of appointees to the Capital Expenditures Committee. This is currently necessitated by the greater number of complex capital projects contemplated by the Town, and will help insure that the Committee has the capacity to meet the increased demand for review and analysis of those projects. ARTICLE 5 PURCHASE OF BELMONT COUNTRY CLUB LAND To see if the Town will vote to exercise the Town’s right of first refusal to purchase a portion of the parcel of land shown as Lot 2A on Assessors’ Map 1 and owned by The Belmont Country Club, Inc., determine whether the money shall be provided by the tax levy, by transfer from available funds, including Community Preservation Act funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The land referred to in this article is under agreement is the subject of a purchase and sale agreement between the Belmont Country Club as owner and the Montessori school as purchaser. And you are directed to serve this warrant not less than fourteen days at least before the time of said meeting, as provided in the Bylaws of the Town. Hereof fail not and make due return of this warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands this 28th day of March 2016. Joseph N. Pato Selectmen Peter C.J. Kelley Norman P. Cohen of Michelle L. Ciccolo D R A F T 3 Suzanne E. Barry Lexington A true copy, Attest: Michael R. Barry Constable of Lexington AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Call for May 3 Debt Exclusion and Vote Question (5 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.4 SUMMARY: Attac hed is the propos ed warrant fo r the d ebt exc lus io n. A final will be p rovid ed on Mond ay night. SUGGESTED MOTION: Mo tion to c all and s ign the warrant fo r a Spec ial Elec tion for a Deb t Exclus ion R eferendum on Tuesday, May 3, 2016. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/28/2016 6:30 PM ATTACHMENTS: Des crip tion Typ e Draft Debt Exclus ion Warrant Backup Material D R A F T TOWN WARRANT Town of Lexington Commonwealth of Massachusetts Middlesex, ss. To any of the Constables of the Town of Lexington Greetings: In the name of the Commonwealth of Massachusetts, you are to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet in their respective voting places in said Town. PRECINCT ONE, SCHOOL ADMINISTRATION BUILDING; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE, LEXINGTON COMMUNITY CENTER; PRECINCT FOUR, CARY MEMORIAL BUILDING; PRECINCT FIVE, SCHOOL ADMINISTRATION BUILDING; PRECINCT SIX, CARY MEMORIAL BUILDING; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, SAMUEL HADLEY PUBLIC SERVICES BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, TUESDAY, the THIRD DAY of MAY, 2016 From 7:00 a.m. to 8:00 p.m., then and there to act on the following questions submitted to the voters at large: QUESTION 1: Shall the Town of Lexington be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds issued in order to pay costs of (i) conducting master planning, design, renovation and additions to elementary and secondary school facilities, including the acquisition and installation of modular classrooms, and (ii) undertaking additions, remodeling, reconstructing and making extraordinary repairs to the Jonas Clarke and William Diamond Middle Schools, located at 17 Stedman Road and 99 Hancock Street, respectively, including the payment of costs of architectural and engineering services, original equipment and landscaping, paving and other site improvements incidental or directly related to such additions, remodeling, reconstruction or repair? Yes _____ No _____ And you are directed to serve this warrant seven days at least before the time of said meeting. Hereof fail not and make due return of this warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands this 28th day of March 2016. Joseph N. Pato, Chairman Selectmen Peter C. J. Kelley Norman P. Cohen of Michelle L. Ciccolo Suzanne E. Barry Lexington A true copy, Attest: D R A F T Constable of Lexington Town of Lexington Lexington, MA 02420 Warrant - Special Election – TUESDAY, May 3, 2016 WS CAR SORT POSTAL PATRON LEXINGTON, MA Presorted Standard U.S. Postage PAID Boston, MA Permit No. 3011 AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Committee Appointments (5 min.) PRESENTER: Jo e Pato ITEM NUMBER: I.5 SUMMARY: You are b eing as ked to ap p o int the fo llo wing: 1. Mary Barry-Ng to the Human Rights Committee to rep lace Melis s a Buttaro as the Sc hool Repres entative. 2. Ric hard Bair to the Tax Deferral and Exemptio n Study Co mmittee. SUGGESTED MOTION: Mo tion to app o int Mary Barry-Ng to the Human R ights Committee, representing the Sc hools, for a term to expire September 30, 2018. Mo tion to app o int R ichard Bair to the Tax Deferral and Exemptio n Study Committee. FOLLOW-UP: Selec tmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 3/28/2016 6:35 PM ATTACHMENTS: Des crip tion Typ e AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Town Manager Appointment - Board of Health (5 min.) PRESENTER: Carl F. Valente, Town Manager ITEM NUMBER: I.6 SUMMARY: Cons id er the reappointment o f Jo hn Flynn to the Bo ard of Health. He has been a memb er of the Board of Health s inc e 2010. Mr. Flynn is current with his Ethic s Co mmis s io n training. SUGGESTED MOTION: Mo ve to ap prove the Town Manager's reapp o intment of John Flynn as a memb er of the Board o f Health. FOLLOW-UP: Town Manager's Office will s end a reappointment letter. DATE AND APPROXIMATE TIME ON AGENDA: 3/28/2016 6:40 PM ATTACHMENTS: Des crip tion Typ e AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Sign Flag Certificate - Retiring Navy/Army Robert John Wishart PRESENTER: Jo e Pato ITEM NUMBER: C.1 SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/28/2016 6:45 PM ATTACHMENTS: Des crip tion Typ e Certificate for Flag Flown Backup Material Certificate of AuthenticityThis American flag is presented to STAFF SERGEANT ROBERT JOHN WISHART, in recognition of his over 38 years of service to this nation in the United States Navy and United States Army. This is to certify that on March 23, 2016, the Town of Lexington, Massachusetts, flew this American Flag over the Lexington Battle Green, the Birthplace of American Liberty, and the site of America’s oldest war memorial where the Lexington Minutemen militia confronted the British Army on April 19, 1775, in the opening shots of the American Revolution. __________________________Joseph N. Pato, Chairman Lexington Board of Selectmen AGENDA ITEM SUM M ARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 6: Purchase of Land-20 Pelham Road (15 min.) PRESENTER: Jo e Pato, Chairman, Board o f S electmen ITEM NUMBER: E.1 SUMMARY: Sugges ted motio n fo r Exec utive Session: Move th a t the B oard of Selectmen , g o into E xecu tive Session to consider th e p u rch a se, exchange, lea se or va lue of real prop erty, 20 Pelha m Roa d , a n d to reconvene in Op en Session on ly to adjourn . Further, tha t a s Chairman, I d eclare that a n op en meeting ma y have a d etrimenta l effect on th e negotia tin g position of the Town. Continue d is c us s ions regard ing 20 Pelham Road p urc hase. SUGGESTED MOTION: NA FOLLOW-UP: BOS and Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 3/28/2016 6:50 PM