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HomeMy WebLinkAbout2009-01-BOS-min Selectmen’s Meeting January 5, 2009 A regular meeting of the Board of Selectmen was held on Monday, January 5, 2009 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Kelley wanted to thank Mr. Hadley and the DPW staff for the excellent job in snow plowing and removal after the double snowstorm, particularly in the downtown area. Mr. Manz mentioned that Erin Casey, who is working on the Girl Scout Golden Award Project (Adopt-a-Hydrant), created a webpage where citizens can sign up and adopt a hydrant. It is impossible for the firefighters and DPW workers to handle all the hydrants. It is important for citizens to dig out hydrants and clear storm drains after snowstorms. Town Manager Report Mr. Valente recognized Mr. Hadley, Director of the Department of Public Works. Mr. Hadley introduced John Livsey, the new Town Engineer. Mr. Livsey has 10 years experience as a Town Engineer working previously in Billerica and Westford. Grant of Location – Nstar – Bryant Road Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Nstar Electric to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located under the surface of Bryant Road southeasterly at pole 389/13, approximately 65 feet northeast of Page Road, a distance of about 44 feet of conduit. Liquor License – Change of Corporate Name – Ixtapa Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change of corporate name and issue an all alcoholic common victualler liquor license to Lex-Mex, Inc., d/b/a Ixtapa Cantina Mexican Family Restaurant, 177 Massachusetts Avenue. Liquor License – Change of Manager – Not Your Average Joe’s Upon motion duly made and seconded, it was voted to approve the application for a change of manager and issue an all alcoholic common victualler license to Not Your Average Joe’s, Inc., d/b/a Not Your Average Joe’s, 1727 Massachusetts Avenue. Selectmen’s Meeting – January 5, 2009 Energy Conservation Committee – Five-Year Target to Reduce BTU Consumption Mr. Kropper, Chair of the Energy Conservation Committee (ECC), stated that the ECC recommends that the Town adopt a five-year target to reduce BTU consumption by 20 percent. The baseline for the future is 2008 unit usage of various fuels. Year by year goals will be reviewed at the next meeting of the ECC. The ECC plans to issue quarterly reports on progress toward this goal. ECC voted to support this goal unanimously in collaboration and cooperation with the Public Facilities Department. ECC will use BTU’s because it can be controlled, goals can be set and improvements can be made. For the new DPW building the energy use that was forecast will be added to the baseline. The state is promulgating regulations on how they might want municipalities to measure energy targets. If the State’s way of counting and the target is different than what ECC is proposing, ECC will report back to the Selectmen. Mr. Goddard, Public Facilities Director, said the objective is to broaden the amount of resources available to work on energy conservation. To be successful all users need to be engaged in the process. Objectives need to be set that are measurable and then broken down into finite goals for each of the 23 town buildings. Outreach and communication to the community will be a large part of being successful in reducing energy consumption. Mrs. Krieger suggests that the process be kept very visible; the ECC should attend Selectmen’s meetings on a quarterly basis to make reports so that it is clear to the community what programs are in place and the lessons we are learning that citizens can apply at home. Mr. Burnell encourages the ECC to be very aggressive with their goals and possibly reduce consumption by more than 20 percent. Mr. Valente reminded the Selectmen that given the current economic climate the Town will not be able to afford all of the necessary improvements to facilities to help reduce energy consumption. Upon motion duly made and seconded, it was voted 5-0 to support the resolution of the Energy Conservation Committee to adopt a five-year target to reduce BTU consumption by 20% in Town and School buildings. Tree Committee Presentation – Funding for Street Trees Mr. Frey, Chair, and Mr. Paul, members of the Tree Committee, provided information on what the Tree Committee activities are that have not cost the Town anything. There was a Tree Inventory document prepared that provided information on what street trees Lexington has, what condition they are in and where trees can be planted. This document will become part of the Selectmen’s Meeting – January 5, 2009 Town GIS system. The Tree Farm was started two years ago using no town funds. Saplings were planted and hopefully 2-3 years from now those trees will be harvested. A Friends of Trees group was created and they help the Tree Committee with fundraising activities. Lectures have taken place to educate the community on the importance of trees. There are many fundraising activities, including the Commemorative Tree Program. The Tree Committee asks the Selectmen to support level funding for the FY2010 budget. Budget Reviews Economic Development and Tourism Ms. Yanofsky and Ms. McKenna presented the Economic Development and Tourism FY2010 Budget Requests. Level Service Requests: Economic Development Office $83,916; Liberty Ride (Economic Development Revolving Fund) $165,368 and Battle Green Guides $8,750. Total Level Service Budget $258,034. Program Improvement Request: Tourism Initiative - $50,000. This request would be an investment for Lexington and allow the Tourism Committee to brand Lexington through joint advertising opportunities by creating maps and brochures of the town; web site optimization and preparations for adding a second trolley. Ms. Yanofsky presented her Economic Development initiatives for FY2010. They include: 1. Continue to implement the $1,100,000 State MORE Grant for infrastructure improvements to Spring Street and Marrett Road. 2. Complete secondary infrastructure grant request for South Lexington infrastructure. 3. Provide staff support and work with the Economic Development Advisory Committee to promote balanced economic development. 4. Complete a study of the zoned uses in the Center for potential changes. 5. Work with the Planning Board on zoning changes that will encourage long-term economic development primarily on the Hartwell Avenue area. 6. Work with Engineering Department on obtaining State funded infrastructure improvements, which help retain and attract commercial businesses. 7. Continue to work with Beal Companies, Patriot Partners and other commercial development projects. 8. Complete evaluation of permitting process and create a permitting guide for commercial businesses. Ms. McKenna, Chair of the Tourism Committee, stated that the Liberty ridership exceeded 6,000 for the first time. The Tourism Committee voted to increase the rate for an adult ticket to $25.00 for next season. Ms. Traber stated that the increase to $25.00 for an adult ticket includes admission into the three historical society homes. Selectmen’s Meeting – January 5, 2009 Capital Mr. Valente reviewed the FY2010 to FY2015 Capital Plan of on-going projects which total over $53 million as of today. He also reviewed his recommendations for capital projects for the FY2010 budget. Regarding the Center Business District Sidewalk project, issues have to be resolved with Town Meeting regarding what phase should be completed next. The Waltham Street sidewalk project cannot be done until the water main work is complete and the road has been repaved, which should be completed in two to three years. Nstar may also decide to put wires underground on Waltham Street. The Selectmen want to see the sidewalk on the north side of Massachusetts Avenue redone, along with closing off the alley. The Lexington High School heating upgrade project is a three phase project totaling $5 million. FY2010 will be a difficult time to make an investment of that size. The Selectmen believe the capital list needs to be prioritized and to also see what effect the borrowing will have on future years taking into account any debt that will be paid off. Mr. Valente is trying to find a balance of managing the debt so it does not grow faster than revenue. Mr. Addelson does not anticipate any relief in interest rates, which they expect to remain between 3.5 and 4%. Mr. Valente reviewed the recommended funding from revenues: Free Cash $822,450; Tax Levy $695,719; Water Retained Earnings $46,600; Sewer Retained Earnings $14,400; Proceeds from Sale of Real Estate $27,550; CPA $1,460,660 and Chapter 90/other state funding $1,800,000. Total Funding from Revenue: $4,867,379. Mr. Addelson stated that there are four additional Community Preservation Projects to be added to the list: Greeley Village $300,000; Munroe Tavern $50,000; three LexHAB Properties $800,000 and a possible land acquisition. The recommended Water Debt projects are: Water Distribution Improvements $900,000; Equipment Replacement $407,500; and Automatic Meter Reading System $782,250. Total Projected Water Supported Debt Service: $2,089,750. The recommended Sewer Debt projects are: Wastewater System Improvements $1,200,000 and Pump Station Upgrades $100,000. Total Projected Sewer Supported Debt Service $1,300,000. Selectmen’s Meeting – January 5, 2009 Shared Expenses The FY2010 recommended budget for Shared Expenses is an increase of $1,908,990, or a 7.13% increase over the FY2009 adjusted budget. Some of the significant changes are: a 7.2 percent increase in health insurance budget which reflects an underlying 12 percent projected increase of health insurance costs and the addition of 55 subscribers; a 11.39 percent increase in dental insurance costs based on a projected 8 percent increase in premium plus an assumed increase of 55 subscribers. The Shared Expenses recommended level-service budget for FY2010 is: Contributory Retirement $3,643,396; Non-Contributory Retirement $42,000; Medicare $991,761; Health Insurance $21,946,774; Dental Insurance $859,922; Life Insurance $20,755; Unemployment $150,000; Workers Compensation $351,625; Property & Liability Insurance $611,497; Uninsured Losses $100,000. Total Level-Service Shared Expenses $28,717,730. The unemployment insurance increase by 50 percent is recommended because of the economy. Staff is still looking at year-to-date information and will provide additional information to the Selectmen. Program Improvement Requests Mr. Valente recommends including the following Program Improvement Requests in the FY2010 budget: Tree Planting (Public Works) - $14,000; Brook Restoration (Public Works) - $100,000; Microfilming and Scanning Records (Community Development) - $10,000; Consulting Services (Planning) - $100,000; Laserfiche Server Upgrade (MIS) - $15,500. The Total Program Improvement Requests recommended are $239,500. nd Selectmen would like the Town Manager to pursue a possible 2 ambulance and whether it would be close to self-funding itself and thus worth considering for funding. Mr. Valente will provide additional information; it is a high priority item over the next few years. Police Chief Appointment Process Mr. Valente reviewed the proposed process for continuing the Police Chief selection process. The three top candidates are: Captain Corr, Lieutenant O’Leary, and Lieutenant Ferro. There will be two Public Officials/Citizens Panels who will interview the top three candidates on January 13 and 14. The Selectmen will interview the candidates on January 21 at 8:30 a.m. The Senior Management Team will interview on January 20 or 27. Then the Town Manager will conduct the final interviews and make an appointment by February 20. This process assumes the new Chief would start his appointment by March 30, 2009. The Selectmen requested that they be provided with resumes of each candidate and also information on questions asked by the Assessment Center. Selectmen’s Meeting – January 5, 2009 Discuss Municipal Facility Projects Submittals to State President-Elect Obama’s team and Congress are working on a federal economic recovery bill with the goal of enactment by January 20, 2009. Thus the State has requested that the Town provide a list of projects that are “shovel-ready” within 180 days and that must be completed within two years. Working with all departments, Mr. Valente provided the Selectmen with a potential list of projects that include: Potential Stimulus Projects Estimated Project Description Project Cost Water Distribution $4,000,000 Bird Hill Road area, Kendall Road, Improvements Hartwell Avenue, Waltham Street Water Meter Upgrades $1,600,000 Fix net system Sewer System Improvements $2,400,000 Tophet Swamp area, Upper Vine Brook basin area Pump Station Upgrades $2,000,000 Wet Well upgrades and motor replacements at Main Reservoir Drain $760,000 Improvement of drainage system by Improvements Old Reservoir Dam Upgrades $330,000 Reservoir Dam and Butterfield Dam improvements Sidewalk Improvements $1,400,000 2-year program to repair existing and possible new sidewalks Lincoln Park Methane $600,000 Installation of methane barrier at Barrier Lincoln Park Minuteman Bike Path $300,000 Paving and drainage improvements Improvements Road Resurfacing Program $1,200,000 Annual resurfacing program Traffic Signal Improvements $2,800,000 Upgrade 14 traffic signals and walkways Spring Street Sidewalk $400,000 Intersection High School Heating System $2,650,000 Upgrade TOTAL $20,440,000 The Selectmen suggested adding the Lincoln Park bathroom Facility and the Munroe Fire Safety Alarm System. Mr. Hadley stated that the methane and bathroom project are currently being reviewed by DEP and they hope to hear something soon so that the project can begin in the spring. Selectmen’s Meeting – January 5, 2009 Mr. Burnell would like to act quickly on the Hartwell Avenue/Bedford Street jug handle. That is a State road and they would have to include it on the list. Mr. Hadley contacted MassHighway and asked about working together on the project because of the difficulties in getting approval from the DEP. Mr. Valente will continue to work and refine the list to meet the January 8 deadline for submittal of projects. Common Victualler License – Knights of Columbus Upon motion duly made and seconded, it was voted 5-0 to approve and issue a Common Victualler license to the Knights of Columbus Association, Inc., 177 Bedford Street. Appointment/Resignation – Tourism Committee/Human Services Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Kathleen James to the Tourism Committee for a term to expire September 30, 2009. Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Sarah Conklin from the Human Services Committee, effective immediately. Approve Garden Club Request for Signs on Islands The Garden Club will need to receive approval for the signs from the Historic Districts Commission. The Selectmen request that the sign design approved by the Historic Districts Commission be used for all the island signs so they all look the same. Upon motion duly made and seconded, it was voted to approve the Adopt-an-Island sign proposal as recommended by the Superintendent of Public Grounds, subject to approvals required by the Historic Districts Commission. Future Meetings Regular Selectmen meetings will be scheduled for January 26, February 9, February 23, March 2, March 9 and March 16. Meetings will also be scheduled for 6:30 p.m. prior to Town Meeting on the following dates: March 23, March 25, March 30, April 1, April 6, April 13, April 15, April 27 and April 29. Eagle Letters – Brendan Costello and Joseph Costello Upon motion duly made and seconded, it was voted 5-0 to send letters of commendation to Brendan Costello and Joseph Costello congratulating them on attaining the highest rank of Eagle in Boy Scouting. Selectmen’s Meeting – January 5, 2009 Consent Agenda Amend Notice of Intention to Layout Wisteria Lane and Pitcairn Place Upon motion duly made and seconded, it was voted 5-0 to amend the Notice of Intention to Layout Wisteria Lane and Pitcairn Place to change the public hearing date to January 26, 2009. Accept Report – Selectmen’s Ad Hoc Financial Policy Committee Upon motion duly made and seconded, it was voted 5-0 to accept the report of the Selectmen’s Ad Hoc Financial Policy Committee dated March 15, 2006. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of December 11, 2008 and December 15, 2008. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll cal vote to go into executive session to discuss a potential criminal misconduct matter, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting January 12, 2009 A regular meeting of the Board of Selectmen was held on Monday, January 12, 2009 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Town Manager Report Mr. Valente, Mr. Hadley and Mr. Manz met with members of the Bicycle Advisory Committee regarding the trial program to plow snow from the bikepath. Because of the growing concern about the effectiveness of keeping the Bikeway free of ice and snow, the BAC has requested that the program be suspended until further notice until other alternatives can be considered. Grant of Location – Nstar – Hartwell Avenue Nstar has requested a permit from the State to cross Bedford Street. They will also have a police detail when the work is being done. Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Nstar Electric to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located under the surface of Hartwell Avenue and Bedford Street opposite Maguire Road northwesterly thence turning northerly then turning westerly at manhole #25136, a distance of about 2,981 feet + of conduit and to install five (5) new manholes: MH#29060, MH#29061, MH#29062, MH#29063, and MH#29064. Sign Amendment to Conservation Restriction – Cotting School Upon motion duly made and seconded, it was voted 5-0 to accept and sign the Amendment of Conservation Restriction for 453 Concord Avenue (Map 10, Lot 41A), currently owned by The Cotting School, Inc., a not-for-profit educational corporation, to modify and/or amend the existing restriction to enable the installation of a playing field surface which would be accessible to all of Cotting’s students and to enhance and insure mobility of persons with disability as well as to provide enhancement of 7,200 square feet of wetland resource areas in accordance with the Order of Conditions issued by the Lexington Conservation Commission on June 12, 2007. FY2010 Preliminary Budget and Financing Plan Mr. Valente presented the FY2010 preliminary budget and financing plan, which include the Selectmen’s financial/budget priorities of maintaining reserves, maintaining infrastructure funding, continuing funding of post employment benefits liability, continuing policy regarding water/sewer PILOT payments and indirect costs, improving snow removal for sidewalks and downtown and continuing economic development efforts. This preliminary budget does not adequately address priorities for: managing increases in health insurance costs and addressing road/intersection/traffic calming/sidewalk funding. Selectmen Meeting – January 12, 2009 Significant changes in the operating budget include Education – 5.6%; Municipal Departments – 4.3%; Health Insurance/Benefits – 7.6% and Debt Service – 11.3%. The current Stabilization Fund balance is $6,755,000. The reserve funds recommendations for FY2010 are: Reserve Fund $550,000 (an increase of $17,500 over FY2009); Special Education Stabilization Fund $350,000; and Post-Employment Benefits $440,690. Mr. Valente recommends the following program restoration and improvements be included in the budget: ?? $114,000 for Public Works ($100,000 to start maintaining brooks and streams and $14,000 for street trees); ?? $20,000 for Police to help augment the center officer; ?? $79,459 for Fire to hire 2 firefighters to work days; ?? $33,979 for Recreation for two pieces of equipment for pine Meadows; ?? $10,000 for Community Development to continue Laserfiche Program; ?? $100,000 for Planning to help with changing Hartwell Avenue zoning); and ?? $15,500 for Information Technology to purchase computer server to handle documents. The Capital Budget includes: General Fund Debt $3,126,000; Water Enterprise Fund Debt $1,044,000; Wastewater Enterprise Fund Debt $1,563,000; and Cash Capital $1,546,000. Current Community Preservation Act requests total $1,114,000. The outstanding issues include: ?? State Aid (January 28 will be first indication of Governor’s budget); ?? Taxation of poles and wires (waiting for legal issue to be resolved); ?? Free Cash ($200,000 for FY2009 contingencies); ?? Minuteman Voc-Tech Assessment (based on number of students and wealth of community); and ?? CPA Funding. Next steps include: continuing to work on the budget and prioritizing list of potential reductions to close gap; respond to questions from Selectmen, Appropriations and Capital Expenditures members; propose revenue sharing percentage for municipal and school sides; final budget recommendation; and submit budget to financial committees and Town Meeting Members. Mr. Mehr asked several questions regarding employee health benefits and requested that much more detailed information be made available on the health benefit line item. He is also expecting the Town Manager to provide a full description of what the savings may be if Lexington joins GIC. If information is not provided Mr. Mehr will propose at Town Meeting a committee be appointed to prepare the data. Selectmen Meeting – January 12, 2009 Mr. Cohen reminded the audience that the Town Manager has been working with a task force and has accumulated a great deal of data on the subject. That said, however, collective bargaining is a big piece of the health benefit equation and the Town will adhere to existing law. Mrs. McKenna, Tourism Chair, thanked the Town Manager and Economic Development Officer for attending their meeting. She hopes the Town Manager now has a better understanding of what the Tourism Committee is engaged in and why they have included a program improvement request in the budget. In order to make an investment for Lexington they need some funds available to them that will allow them, among other things, to apply for grants that require matching funds. Mr. Goell suggests that the Town consider not using the full proposition 2-1/2 percent increase allowed. Draft List of Warrant Articles The Selectmen reviewed the proposed list of warrant articles for the 2009 Annual Town Meeting warrant. Selectmen discussed whether or not to include articles for designating the White House as a senior/community center site and appropriating money for designing the building. Mr. Cohen will meet with Council on Aging members and discuss articles. Ms. McKenna suggested including an article that would designate the land next to the White House as preserved land. Mr. Goell believes the articles should be included to try to make progress on a senior center without having to wait another year. Resignation Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Janet Perry from the Lexington Human Rights Committee, effective immediately. Consent Agenda 2009 Patriots’ Day Celebration Approvals Upon motion duly made and seconded, it was voted to approve the request of the Town Celebrations Committee for the Patriots’ Day Morning Parade, Patriots’ Day Ceremonies on the Battle Green and the Patriots’ Day Afternoon Parade on Monday, April 20, 2009. Lower Battle Green Flag Upon motion duly made and seconded, it was voted to lower the Battle Green Flag on Wednesday, January 14, 2009, from sunrise to sunset in honor of Boston Firefighter Lieutenant Kevin M. Kelley who died in the line of duty. Selectmen Meeting – January 12, 2009 Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss a real estate issue. Upon motion duly made and seconded, it was voted to adjourn at 9:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Budget Collaboration-Financial Summit 3 January 15, 2009 A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held on Thursday, January 15, 2009, at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Present: Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager of Finance; Mr. Niemy, Budget Officer; Ms. Chabot, Assistant to the Executive Clerk; Dr. Ash, Superintendent; Ms. Dunn, Assistant Superintendent; all members of the School Committee with the exception of Mr. Diaz and Mr. Cole; all members of the Appropriation Committee; and all members of the Capital Expenditures Committee with the exception of Mr. Edson. FY2010 Operating Budget Budget Overview Mr. Valente provided a brief overview of the FY2010 Operating Budget. The General Fund Revenue is projected to increase by $5,522,000 or 4.1%. The proposed budget has increased by 5.8%, leaving a projected budget shortfall of $2,242,943. For comparison, the FY2010 budget shortfall is approximately $1 million greater than the FY2009 budget was at this stage of the process. Agreement on FY2010 Reserves Mr. Valente requested that there be a consensus Summit decision regarding the following reserve recommendations: ?? Increase of $17,500 to the Appropriation Committee Reserve Fund ?? Use of $350,000 of Free Cash for the Special Education Stabilization Fund ?? Use of $440,690 of Free Cash for the Post-Employee Benefits Reserve Fund FY2010 Capital Budget Mr. Valente presented a summary of the FY2010 recommended Capital Plan through each of the following funding sources: ?? General Fund Debt $3,126,000 ?? Water Enterprise Debt $1,044,000 ?? Wastewater Enterprise Debt $1,563,000 ?? Cash Capital $1,546,000 ?? CPA Requests (Town Only) $1,114,000 Agreement on Capital Budget Mr. Valente requested a consensus Summit decision on the use of $1,545,719 for cash capital. Budget Collaboration/Summit – January 15, 2009 Allocation of FY2010 Revenue between Municipal Departments and School Department Mr. Valente reported that the Superintendent of Schools and the Town Manager recommend the following allocation of revenue: Step 1: Reconciliation Incremental Revenue $2,440,090 Step 2: Split Municipal Split: 28.5% or $696,139 School Split: 71.5% or $1,743,951 Step 3: Gap Determination Municipal Gap $385,747 Education Gap $1,857,196 Total Gap: $2,242,943 (as of 1/15/09) Agreement on Allocation of FY2010 Revenues Mr. Valente stated that if there were a consensus on the proposal of the Town Manager and Superintendent to allocate FY2010 revenues in this way, the budget would be built accordingly. No objection to this allocation was stated. Outstanding FY2010 Budget Issues Mr. Valente discussed the following outstanding issues, which could affect the FY2010 budget: State Aid (Governor’s Budget – January 28); Taxation of Poles and Wires ($650,000 for FY2010, $580,000 from FY2009); Free Cash ($200,000 for FY2009 Contingencies); Minuteman Regional High School Assessment (Budget Hearing January 20); and CPA Funding. Discussion of requested consensus Summit decisions After discussion of the two items for which the Town Manager asked for a consensus, Mr. Levine, Chair Appropriation Committee, reported that his committee has no objections to a $17,500 increase to the Appropriation Committee Reserve Fund, the use of $350,000 of free cash for the Special Education Stabilization Fund, $440,690 of free cash for the Post-Employee Benefits Reserve Fund, and $1,545,719 for cash capital. Mr. Cohen commented that the Board of Selectmen is supportive of what has been presented tonight. Mr. Lamb, Chair Capital Expenditures Committee, reported that he does not anticipate any problems on his committee regarding the cash capital amount. Ms. Cohen, Chair School Committee, reported that she had no objection to the reserve funds and cash capital amount, but did not want to rule out the option of using the Stabilization Fund to fill the gap. Mr. Kennealy, Appropriation Committee, recommended not using the Stabilization Fund except in the case of a demonstrable change in some source of revenue such as State Aid. Budget Collaboration/Summit – January 15, 2009 Budget Schedule / Next Steps Budget Reductions / At Risk Budget List Mr. Valente and Dr. Ash will continue to work at reducing their budgets and develop an At-Risk list to balance the budget. Budget to Financial Committees and Town Meeting Members th The target date for the Selectmen’s budget recommendation is February 26. The target date for the final recommended budget to go to financial committees and Town Meeting Members is nd March 2. Tentative Dates for Future Summit Meetings The next Summit Meeting is tentatively scheduled for February 11. The meeting agenda will include taking a look at the At-Risk lists put together by the Superintendent and the Town Manager, and discussing additional information on State Aid. A meeting on February 25 was also tentatively scheduled to make a final decision on what would be brought forward in the budget to Town Meeting. Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting January 26, 2009 A regular meeting of the Board of Selectmen was held on Monday, January 26, 2009 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Manz highlighted some of the events that have taken place in Lexington, including: the rd Martin Luther King March on Monday, January 19 and an outreach program for all Lexington 3 Graders put on by the Lexington Symphony. Mr. Manz showed some pictures of snow problems caused by private contractors piling up snow where sidewalks are. Need to figure out a way for everyone to work together so streets, sidewalks and residents driveways can remain clear. Mrs. Krieger reported that Hanscom Air Force Base was not included as a finalist to host the Cyber Command mission. Town Manager Report The Town Manager reported that after hearing Governor Patrick speak at the Massachusetts Municipal Association meeting, he expects the FY2009 local aid for Lexington to be reduced by $186,000. Mr. Valente believes that enough adjustments have been made to cover the reduction. The Governor’s recommended FY2010 budget should be released later in the week, which will include local aid numbers for FY2010. Grant of Location – National Grid – Melrose Avenue Upon motion duly made and seconded, it was voted 5-0 to approve the petition of the National Grid to install and maintain approximately 40 feet of 2-inch gas main in Melrose Avenue from the existing 2-inch main in Melrose Avenue at House No. 9 westerly to existing 2 inch in Melrose Avenue at House No. 6. Public Hearing/Layout of Public Ways – Street Acceptance – Pitcairn Place and Wisteria Lane Mr. Cohen opened the public hearing for street acceptance of Pitcairn Place and Wisteria Lane. Wisteria Lane is a subdivision street that was constructed to Town standards. Pitcairn Place, which is included in the 2009 Annual Town Warrant after receiving a petition from the residents of the street, are asking that the street be accepted and brought up to Town standards. The current plan is for it to be paid for by betterments of those who abut the street. There were no public comments and the hearing was closed. Selectmen Meeting – January 26, 2009 Upon motion duly made and seconded, it was voted 5-0 to layout Pitcairn Place and Wisteria Lane as public ways. Approve Policy – Standard Ornamental Signals Upon motion duly made and seconded, it was voted 5-0 to adopt the Standard Ornamental Signals Policy. State Legislators Visit Mr. Cohen introduced three of Lexington’s Legislators - Senator Ken Donnelly, Senator Susan Fargo and Representative Jay Kaufman. Representative Thomas Stanley was unable to attend because of a Waltham City Council meeting. It is expected that the Legislature will support the Municipal Government Partnership Act and that it will happen in short order. As part of the Municipal Relief Act, Mr. Donnelly filed legislation that will allow pension systems to appropriate 90 percent of then FY2009 appropriation for FY2010, 95 percent for FY2011 and 100 percent for FY2012. Towns will also have the option to sit with a PERAC Actuary to find a funding schedule that will work. Also, legislation was filed to stop employees from getting two pensions. They are looking for ways to get municipal relief on health insurance by getting cities, towns and unions to work together to find ways to save on insurance, either through GIC or whatever health plan currently being used by cities and towns. The Meals Tax proposal is 1% statewide to be distributed by the local aid formula and another 1% is through adopting a local option statute. Hotel and telecommunication taxes are also being considered. Legislation was filed to eliminate double poles and providing for a tax on them if they are not removed. Mr. Burnell believes double poles are a complex issue and it is not reasonable to remove them within 90 days; legislation needs to be prepared carefully. The Legislature needs to remove the handcuffs on local government by bringing legislation and procedures up to date. Mr. Kaufman believes the Legislature will have conversations regarding the enabling of communities to exercise powers they currently do not have. Mr. Kelley wondered if there was a way to keep track of actions of the Legislature, both House and Senate, as the Town prepares for Town Meeting. Mr. Kaufman will coordinate with the Senate and figure out how best to provide the information. He also asked that the suggestion be sent to the Massachusetts Municipal Association. Mr. Cohen hopes the Legislature will look at procurement reform, so the bidding process time can be reduced. Mr. Kaufman feels procurement reform is a priority and hopes the current crisis will provide opportunity for changes. Mr. Burnell asked if the Legislators had any questions or suggestions for the Selectmen on how to help get objectives accomplished. Selectmen Meeting – January 26, 2009 Ms. Fargo would like to see more frequent exchanges of information and to highlight what is most needed. Mr. Kaufman repeated the need for tracking and that the MMA should become involved to provide some pressure on the Legislature to make things happen quickly. The Selectmen thanked Senators Fargo and Donnelly and Representative Kaufman for taking the time to come to the meeting. Signing Option Agreement for Goodwin Parcels Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Option Agreement for two parcels of real property owned by Frank and Hazel Goodwin located off Hartwell Avenue and Cedar Street as approved under Article 5 of the warrant for the Special Town Meeting of November 17, 2008. Planning Board – Hartwell Avenue Discussion Mr. Hornig, Chair of the Planning Board, wanted to update the Selectmen on what the Planning Board has been doing since the last discussion, discuss the warrant articles, what will be coming up over the next year and to ask for help from the Selectmen with the process. The Planning Board has been meeting frequently to prepare the warrant articles and has started having public information sessions and receiving feedback. Mr. Hornig reviewed the Planning Board’s articles for the 2009 Annual Town Meeting: Article 44, Amend Zoning By-Law – CM and NFI District Changes Article 45, Amend Zoning By-Law – Traffic Article 46, Amend Zoning By-Law – Zoning Map Revisions Article 45 proposes that a new traffic management overlay district be created around the Hartwell Avenue area and district and would include the Planning Board creating a district-wide mitigation plan. Charging mitigation fees is difficult to do in Massachusetts and the Planning Board is hoping this article can be approved. The Planning Board is currently working out the details of the warrant articles and will have a public information meeting on February 4 and a Public Hearing on March 4. If Town Meeting approves the articles the Planning Board will work from May to September to develop the mitigation plan. Selectmen Meeting – January 26, 2009 Article 9, Appropriate for Planning Board Consulting Services, requests money for consulting services for the Planning Board to help accomplish the Mitigation Plan, Site Plan Review Regulations and CRO Studies to aid in developing zoning changes for the CRO district. The Planning Board hopes the Selectmen will support Article 9 which will be considered after the results of Articles 44, 45 and 46 are known. The Planning Board is looking for guidance regarding what sources or variety of funding should be pursued to construct necessary infrastructure changes. What share is appropriate to ask of taxpayers, betterments, and new development. If the Planning Board articles are approved, the Planning Board hopes the Town will consider if they want to overlap the process of developing and mitigating and borrow money to make improvements in anticipation of development in the pipeline. Mrs. Krieger believes a process and policy to handle mitigation money within the community needs to be worked out. Mr. Thuma, 149 Wood Street, talked about the high volume of vehicles that travel on Wood Street during the weekdays and called attention to a Traffic Study done in October 2008 which showed the traffic volume, excess speeds and people bypassing the highway system. He believes the current methods to manage traffic are ineffective and the efforts by the Planning Board are long overdue and he hopes the Planning Board’s articles will be supported. Mrs. McKenna, 9 Hancock Street, discussed her citizen article (Article 48, Amend Zoning By- Law – Financial Support for Transportation), which proposes to insure that one component of the relief for traffic is an on-going financial commitment for the town-wide transportation system. She is meeting with developers and hopes that if the article is approved at Town Meeting it will apply to current development plans coming along. She is compiling a consolidated list of the details of current traffic mitigation plans that will be part of her presentation at Town Meeting. Mr. Cohen reminded Ms. McKenna that zoning by-law changes become effective the day they are passed at Town Meeting once they are approved by the Attorney General. Mr. Kelley asked whether developers will be encouraged to build “green”. The Planning Board reviews the site plan and will look for sustainable building practices. The very largest developments that exceed controls will need a special permit and they will be asked to make “green” concessions. Preliminary FY2010 Budget Reduction List Mr. Valente provided the Selectmen with the first preliminary list of budget reduction items to close the current FY2010 municipal deficit of $385,747, broken down into four categories: budget adjustments, across-the-board budget reductions, revenue adjustments and departmental reductions. Mr. Valente asked the Selectmen if there were items that should be removed or added to the current list. Selectmen Meeting – January 26, 2009 The Selectmen questioned the following items that are currently on the list: Center Officer nd Overtime Coverage, delay implementation of 2 ambulance staffing, brook cleaning reduction and police administration software. The Selectmen see the urgency in trying to get the unions to the table to agree on some health benefit issues to reduce the Town’s costs. Sign Warrant for 2009 Annual Town Meeting Upon motion duly made and seconded, it was voted 5-0 to sign the 2009 Annual Town Meeting Warrant, subject to non-substantive changes approved by the Chairman. Resignation – Water and Sewer Abatement Board Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Maria Constantinides from the Water and Sewer Abatement Board, effective immediately. Town Manager Appointment – Recreation Committee Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s appointment of Howard Vogel to the Recreation Committee to serve the balance of the existing three-year term vacated by Robert Boudreau, through May 31, 2011. Consent Agenda Water and Sewer Commitments Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer commitments: Commitment of Water/Sewer Charges for Townwide Billing (Sections 1-3) $6,518,408.70 Commitment of Water/Sewer Charges for Cycle 9 (Sept. 2009 – Jan. 2009) $902,107.22 Commitment of Water/Sewer Charges for Finals (Oct. – Dec. 2008) $24,232.76 Ratify Poll Vote – Letter of Support for Hangar 24 Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote for HATS to send a letter on behalf of the four towns asking the Advisory Council to re-engage in the 106 process and suggest to Massachusetts Historical Commission that their determination is premature regarding Hangar 24. One-Day Liquor License – Armenian Sisters Academy Upon motion duly made and seconded, it was voted 5-0 to approve a one-day 1iquor license to sell all alcohol for the Armenian Sisters Academy Valentines Dance on Saturday, February 7, 2009, from 8:00 p.m. to 12:00 midnight at 20 Pelham Street. Selectmen Meeting – January 26, 2009 Letter of Support – Marrett and Waltham Street Intersection Improvements Upon motion duly made and seconded, it was voted 5-0 to send a letter of support to Mass Highway regarding the intersection improvements planned for Marrett Road and Waltham Street, Project 602133. Invitation Letter – Antony Sister City Upon motion duly made and seconded, it was voted 5-0 to approve sending a letter prepared by the Tourism Committee to Antony, France Officials inviting them to Patriots’ Day 2009. Letters Supporting CPA Amendments Upon motion duly made and seconded, it was voted 5-0 to send letters to each of Lexington’s 4 Legislators supporting the re-filing of “An Act to Sustain Community Preservation”. One-Day Liquor License – Bowman School Fundraiser Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to sell all alcohol for a Bowman Elementary Blizzard fundraiser to be held on Saturday, January 31, 2009, from 7:00 p.m. to 10:00 p.m. at the Depot Building. Letter to President Obama Upon motion duly made and seconded, it was voted 5-0 to send a letter to President Obama congratulating him and letting him know that the first patriots died in Lexington, not Concord as he stated in his inaugural address. Executive Session Upon motion duly made and seconded, it was voted 5-0 to go into executive session to discuss contract negotiations, disposition of real estate, and criminal misconduct, which no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 9:10 p.m. A true record; Attest: Lynne A. Pease Executive Clerk