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07/11/2017 AC Minutes;
Minutes
Town of Lexington Appropriation Committee (AC)
July 11, 2017
Place and Time: Parker Room, Town Office Building, 7:30 p.m.
Members Present: John Bartenstein, Chair; Alan Levine, Vice-Chair & Secretary; Ellen Basch;
Eric Michelson; Richard Neumeier; Andrei Radulescu-Banu; Sanjay Padaki; Lily Manhua Yan; Jian
Helen Yang; Carolyn Kosnoff, Assistant Town Manager, Finance (non-voting, ex officio)
Member(s) Absent: None
Other Attendees: Deborah Brown, Town Meeting Moderator; Elaine Ashton, Town Meeting
Members Association (TMMA)
The meeting was called to order at 7:35 p.m.
1. Announcements
Mr. Bartenstein reported the following:
The Board of Selectmen (BoS) acted on recommendations of the Tax Deferral and
Exemption Study Committee (TDESC) to adopt more generous criteria than those
previously in place for eligibility in, and benefits under,
program. The goal is to spark new interest in the currently underutilized program. This
action is consistent with the recommendations of this Committee in its report to the 2017
Annual Town Meeting,
Additional interviews for a new Department of Public Facilities (DPF) Director are being
held because the initial round did not result in a successful candidate. Ms. Kosnoff added
that Shawn Newell, Assistant DPF Director, is now serving as Acting Interim Director.
There will be another capital projects budget summit at 7:00 p.m. on August 2 at the DPW.
The focus will be on questions for a fall debt exclusion package.
To prepare for the next summit, tChairs+1 meeting on July
13 at 8:30 a.m. Mr. Levine plans to attend with Mr. Bartenstein.
The BoS decided at their June goal setting session to explore a
number of options for mitigating the tax impact if anticipated debt exclusion referenda for
school and municipal projects are passed, including the residential tax exemption and
reduction of the Community Preservation Act surcharge. To this end, Joe Pato has
organized a working group to update an analysis of the residential exemption done in 2010.
Mr. Bartenstein and Mr. Radulescu-Banu will participate.
Mr. Michelson reported that he and Mr. Neumeier met on June 15 with staff from the Department of
Public Works (DPW) regarding the FY2017 snow removal costs. (More discussion later.)
cluded a City of Chelsea
solicitation for in-house full-time town counsel, offering $68,816 to $85,942 annually, plus benefits.
He noted that 51% of lawyers in Massachusetts do not work as lawyers; there are not enough jobs.
2. Year End Budget Transfers for FY2017
Ms. Kosnoff presented a handout summarizing budget transfers that had been approved by the BoS,
with a request that the AC take a position on them. She reviewed them, as follows:
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Reserve Fund Transfers: The Town appropriates money annually into a Reserve Fund,
which can be used, with the approval of the Appropriation Committee, for qualifying
expenses. Town staff is requesting two Reserve Fund transfers for FY2017 expenditures,
leaving approximately $702,000 in the account. The final balance reverts
A DPF wages Reserve Fund transfer in the amount of $56,000 is for a salary that was
inadvertently left out of the budget calculations. A second transfer request, related to DPF
electricity costs, on to send a $50,000 check to the Town
for the excess solar panels rather
than crediting the bill. The net result does not change, but the financial mechanisms used to
receive the credit are being altered.
A motion was made and seconded to approve the Reserve Fund transfers, as requested. The motion
passed. VOTE: 9-0
Salary Adjustments: The Town appropriates money annually into a Salary Adjustment
Account in anticipation of future salary and benefit expenses. Although these transfers are
the prerogative of the Board of Selectmen, the Appropriation Committee is asked to give its
approval, as a courtesy. Town staff requested four such transfers for the Public Works,
Community Center, Comptroller and Town Manager departments, totaling $116,133. The
latter three resulted from high-level retirements involving vacation and sick time payouts.
The Salary Adjustment Account is a continuing balance account, and will have a balance of
approximately $2,000,000 after the transfers are made.
The DPW request resulted from higher than anticipated snow removal costs. Although
FY2017 snow fall was not excessive, costs are impacted by the time of snow and ice storms.
Mr. Michelson expressed his concerns about a new process that was used for selecting
FY2017 contractors for snow and ice removal. Rather than hiring multiple small
contractors, the Town selected one contractor who then hired sub-contractors. It appears
that only a limited number of contractors were informed of this approach, there were few
bids, and the costs were high. DPW staff felt that there was improved efficiency, but there
were no tangible savings and some additional costs. Mr. Michelson suggested there be
additional analysis and oversight to ensure the most cost-effective approach to snow and ice
removal services.
A motion was made and seconded to approve the Salary Adjustment requests associated with the
Community Center, Comptroller and Town Manager departments. The motion passed. VOTE: 9-0
A motion was made and seconded to approve the Salary Adjustment request associated with the
DPW. Mr. Neumeier recommended amending the motion to include a plan to send a report to the
BoS describing the concerns outlined above. Mr. Michelson agreed to write such a report. A
motion was made and seconded to amend the motion, as recommended. The motion passed.
VOTE: 9-0
The amended motion, including the understanding that Mr. Michelson would prepare a report for
the BoS describing his concerns, was made and seconded. The motion passed. VOTE: 7-1-1
End-of-Year Transfer: By statute (G.L. c. 44, § 33B), the Board of Selectmen, with the
concurrence of the finance committee, may transfer budget allocations at the end of the
fiscal year from one line-item to another line-item, provided that those funds are still
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available. Under the Municipal Modernization Act, effective November 16, 2016, such
transfers are no longer limited to 3% of the line item from which transfer is made. Town
staff requested one line-item adjustment under this provision, in the amount of $390, to
cover cost-of-living health insurance adjustments for surviving spouses of retirees who were
members of the non-contributory retirement system.
A motion was made and seconded to approve the line-item adjustment, as requested. The motion
passed. VOTE: 9-0
Revolving Fund Increase: Town staff requested a Revolving Fund increase
Center FY2017 staffing needs; more staff time was needed than was included in the budget.
The additional staff cost is covered, at least in part, by increases in revenue beyond
projections. Ms. is managed by the Economic
Development Office. Mr. Michelson volunteered to review their operations.
A motion was made and seconded to approve the Revolving Fund increase, as requested. The
motion passed. VOTE: 9-0
3. Updates on Hastings Elementary School (Hastings) Project and Pelham Road Master
Planning and Design
Mr. Bartenstein reported that the projected cost for the Hastings replacement project has increased
by several million dollars, in part because the estimate for geo-thermal wells has increased from
$600,000 to approximately $2.0 million. He also noted that DiNisco Design Partnership is
supposed to be preparing a master plan for the Pelham Road and Lexington Community Center sites
that would coordinate siting of the with that of a future cafeteria and
gym in the event that funding for Lexington Community Center facilities is deferred.
4. Town Meeting Review with Town Moderator
Deborah Brown, the Town Moderator, met with the Committee for a retrospective of the spring
2017 town meeting. Compliments were exchanged. AC members stressed the importance of
having adequate time to review articles that have financial implications. Ms. Brown noted the
importance of committees identifying spokesperson in advance of Town Meeting discussions.
There was a review of Open Meeting Law requirements and their implications for email
communications. It was suggested that AC members be circumspect about using the TMMA list-
serve or other public forums, as well as emails among the Committee, for taking a position on an
issue, although it is acceptable to share or clarify facts. Email discussion or debate on the TMMA
list-serve , even if not immediately pending before
the Committee, should be avoided because of Open Meeting Law restrictions. As citizens and Town
Meeting Members, Committee members have a First Amendment right to participate in discussions
can fall into a grey area, and might in some circumstances put the Committee in a bad light, careful
judgment and discretion should be exercised.
5. Proposal to Engage In-House Legal Counsel as a Cost Saving Measure
Mr. Neumeier reviewed his efforts to determine what the Town and schools are spending on legal
counsel, noting that costs may be included in different departments or projects and sometimes
include projections. Mr. Neumeier recognizes that there are some specialized legal services, such as
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those provided by bond counsel, that need to be outsourced, but he believes the Town could save
$200-300,000 annually by hiring in-house counsel for Town and School Department use. It was
agreed that Mr. Neumeier would prepare a short report supporting this recommendation.
6. Future Meetings
It was agreed that, other than attending the August 2 capital projects summit, this Committee would
not need to meet before late August unless something comes up in interim.
7. Minutes
A motion was made and seconded to approve minutes for June 1, 2017, including one minor edit.
The motion passed. VOTE: 9-0
8. Adjourn
The Committee adjourned at 9:57 p.m.
The documents used at the meeting are listed below.
Respectfully submitted,
Sara Arnold, Recording Secretary
Approved: August 31, 2017
Exhibits
Agenda, posted by John Bartenstein, Chair
Summary of Year-End Transfers; prepared by Ms. Kosnoff, for July 11, 2017 AC
meeting
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