HomeMy WebLinkAbout2019-11-18 BOS Packet - Released SELECTMEN'S MEETING
Monday, November 18, 2019
Town Office Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room
7:00 PM
AGENDA
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to
ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698-4580
if they wish to speak during public comment to assist the Chairman in managing meeting times.
SELECTMAN CONCERNS AND LIAISON REPORTS
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Public Hearing: Tax Classification Presentation 7:10 pm
2. Recommendations for Restriping Massachusetts Avenue to Include Additional 7:30 pm
Parking
3. Update on Solar and Storage Request for Proposal 8:00 pm
4. Update on Center Track Project 8:15 pm
5. Discuss EV Charging Parking Regulations 8:30 pm
6. Water/S ewer Abatement Appeal- 37 Turning Mill Road 8:4 5 pm
7. Discuss Police Station Debt Exclusion 9:00 pm
8. Review Selectmen Fees Survey& Recommendations for New Fees 9:20 pm
9. Establish 2020 Annual Town Meeting and Annual Town Election Dates 9:35 pm
10. Discuss the Formation of an Advisory Committee Regarding Hartwell Avenue 25% 9:50 pm
Design
11. Review Draft FY2019 Board of Selectmen Annual Report Submission 10:05 pm
12. Proclamation- 100th Anniversary of Mic hels o n's Shoes 10:15 pm
13. Discuss Next Steps for the Planning Department 10:20 pm
CONSENT AGENDA
1. Approve and Sign Proclamation- Employee Recognition Day
ADJOURN
1. Anticipated Adjournment 10:35 pm
A Summit II Meeting of the Board of Selectmen, School Committee,Appropriation Committee,
and Capital Expenditures Committee will be held on Thursday, November 21, 2019 at 7:00 pm in
the Cafeteria, Samuel Hadley Public Services Building, 201 Bedford Street.
The next regularly scheduled meeting of the Board of Selectmen will be held on Monday,
December 2, 2019 at 7:00 pm in Estabrook Hall, Cary Memorial Building, 1605 Massachusetts
Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and LezTedia
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Public Hearing: Tax Classification Presentation
PRESENTER: ITEM
Carolyn Kosnoff Asst. Town M NUMBER:
Y , gr'•
for Finance; Greg Johnson, BOA
Chair; Rob Lent Dir. of Assessing
SUMMARY:
No vote is requested for this agenda item.
This is the first meeting in the process of setting the F Y2020 tax rates. The Board of Assessors and the
Assistant Town Manager for Finance will present F Y2020 tax classification options and preliminary tax rates
for the Board of Selectmen's consideration. This agenda item also serves the purpose of a tax c las s ific atio n
hearing to take public comments in the Board's consideration of the tax classification options. The
attached Fiscal Year 2020 Tax Classification Packet includes a summary of these options and supporting
exhib its.
It is proposed that the Board vote on the F Y2020 tax classification options at the next Board meeting on
December 2nd. At that time, the Board will take four votes, which are d e s c rib ed in the memorandum in the
attached Fiscal Year 2020 Tax Classification Packet. The votes are to:
• Establish a residential factor;
• Determine whether to adopt the Open Space Discount,
• Determine whether to adopt the Residential Exemption and, if s o, the percentage (up to 35 percent);
• Determine whether to adopt the Small Commercial Exemp do n
SUGGESTED MOTION:
N/A
FOLLOW-UP:
The Board will vote on the Minimum Residential Factor, Open Space Discount, Residential Exemption and
Small Commercial Exemption at a future meeting, tentatively scheduled for December 2nd.
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 7:10 pm
ATTACHMENTS:
Description Type
F) FY?.,(.)?.,O Tax Classification Packet C(..)ver Vlern,..)
Town of Lex'ington
Fiscal Year 2020
Tax Classification Packet
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APRIL l9TN
Prepared for: Lexington Board of Selectmen
Prepared by: Lexington Assessors Office
Chairman, Gregory A. Johnson
Member, Edmund C. Grant
Member, Casimir R. Groblewski
Robert F. Lent, Director of Assessing
As reviewed by:
Carolyn J. Kosnoff, Assistant Town Manager for Finance
DOR Preliminary Approval Only
Preliminary Tax Classification Meeting
November 18, 2019
M M0
To: Lexington Board of Selectmen
From: Lexington Board of Assessors
Subject: FY 2020 Preliminary Classification Meeting
Date: November 18, 2019
This memo is intended to provide the Board of Selectmen with the necessary information to conduct a
Public Hearing and Informational Session on the tax classification options available under Massachusetts
General Laws. The classification amendment requires the Board of Selectmen to consider four (4)
selections with respect to the setting the FY2019 Lexington tax rate. The decision of the Board for each
alternative must be submitted to the DOR on MA State form LA-5. The four (4) selections are:
1. Selection of a residential factor
2. Selection of a discount for Open Space
3. Residential exemption
4. Small commercial property exemption
1. Selection of a residential factor.
(Class 1: Residential; Class 2: Open Space; Class 3: Commercial; Class 4: Industrial, etc.)
The Board of Selectmen may choose to adopt a residential factor, which will increase the tax rate
applied to the commercial, industrial, and personal property (C-I-P) classes, factor (multiplier) of up to a
maximum of 1.750. Adopting such a factor will shift a larger portion of the overall Lexington tax levy to
the commercial, industrial, personal property classes (CIP), thereby reducing the portion of the tax levy
borne by the owners of residential property.
Attached Exhibit A & Exhibit B demonstrate the effect that several possible "factor" choices will have by
identifying the tax levy percentage borne by each class of properties, and the resulting tax rates.
Approximately 100 of the 351 communities in Massachusetts adopt this process of tax classification.
2. Selection of a discount for Open Space.
Massachusetts General Law Chapter 59 Sec. 2A defines Class 2 Open Space as:
"..land which is not otherwise classified and which is not taxable under provisions of
chapters 61, 61A or 61B, or taxable under a permanent conservation restriction, and
which land is not held for the production of income but is maintained in an open or
natural condition and which contributes significantly to the benefit and enjoyment of the
public."
The Board of Selectmen may choose to adopt an exemption, discounting the assessed value of
Open Space to a maximum of 25% for any property that is classified as Open Space. The Board
of Assessors has not identified any property in Lexington that meets the definition of Open
Space according to the statute. To our knowledge, Bedford is the only community in the
Commonwealth of Massachusetts to adopt this exemption.
FY2020 Classification Packet 1 11/15/2019
Page 2
To: Lexington Board of Selectmen
From: Lexington Board of Assessors
Subject: FY 2020 Preliminary Classification Meeting
Date: November 18, 2019
3. Residential exemption.
The Board of Selectmen may choose to adopt a maximum exemption of up to 35% (in prior years, this
maximum was 20%). If adopted, this tax relief would apply only to the principal residence of
taxpayers (owner-occupied and primary domicile).
If this exemption were adopted, the residential properties that are assessed at a value below the "break-
even valuation" point would realize a reduction in taxes while the residential properties assessed at a
value above the "break-even valuation" point must pay additional taxes to compensate. See attached
Exhibit G for a hypothetical application of the residential exemption.
The funding for this exemption/tax relief for qualified applicants would be borne among the other
properties of the within the same Residential classification. In particular, non-owner-occupied properties
(apartment buildings and vacant land) would experience a substantial increase in taxes. [Note:
"Residential classification" includes the following: single family dwellings, two & three family dwellings,
vacant land, multi-dwelling parcels, residential condos, and apartment buildings.]
During FY2018, some fifteen (15) communities in Commonwealth of MA, typically those with a
substantial base of rental units, decided to offer the residential exemption including Barnstable, Boston,
Brookline, Cambridge, Chelsea, Everett, Malden, Nantucket, Provincetown, Somerset, Somerville,
Tisbury, Truro, Waltham, and Watertown.
4. Small commercial exemption.
The Board of Selectmen may choose to adopt a small commercial exemption of up to 10% of the
property valuation for commercial (not industrial) property that meets the requirements of the law.
To qualify, eligible businesses must have occupied the property as of January 1st, and must have had no
more than ten (10) employees during the previous calendar year, and the property must have an
assessed valuation of less than $1,000,000. While the applicant does not have to be the owner of the
property to be eligible, all occupants of the commercial portion of the property must qualify. The funding
for this exemption/tax relief for qualified applicants would be borne among the other properties of the
same Commercial-Ind ustrial-Personal Property(C-I-P) classification.
During FY2018, some twelve (12) communities in the Commonwealth of MA decided to offer the small
commercial exemption including Auburn, Avon, Bellingham, Berlin, Braintree, Dartmouth, Erving, New
Ashford, Seekonk, Somerset, Westford, and Wrentham.
FY 2019 Classification Packet 2 11/19/2018
FY 2020 Town of Lexington-Tax Classification Packet
EXHIBIT A: ALTERNATIVE TAX RATE SCENARIOS FOR FY2020
FY2019 to FY2020 Change in Levy Limit and Values Factors Affecting Determination
FY2019 FY2020 %CHANGE FY 2019 Levy Limit(A) $ 176,907,122 N/A
Maximum Allowable Levy Limit $ 186,267,122 $ 196,137,281 5.30% FY 2019 Excluded Debt(B) $ 9,360,000 N/A
Tax Levy (FY19 as actual,and $ 186 ° FY 2019 Maximum Allowable Levy $ 186,267,122 N/A
FY20 as Levy Limit(T13D) ,201,054 $ 196,137,281 5.34/o Limit(A+B)
Residential Valuation $ 10,570,638,820 $ 11,160,841,132 5.58% Plus:Amended New Growth $ 14,443 0.01%
Comm+Indl*+PP Valuation $ 1,351,761,195 $ 1,447,928,320 7.11% Plus:Prop 2 1/2 increment °
(A x 2.5%) $ 4,422,678 2.37/°
Total Valuation $ 11,922,400,015 $ 12,608,769,452 5.76% Plus:New Growth Increment $ 3,664,784 1.97%
Residential Tax Rate $ 14.12 T.B.D. T.B.D. Plus:Override $ - 0.00%
Comm/Indl/PP Tax Rate $ 27.33 T.B.D. T.B.D. Plus:Debt Exclusion Increment $ 1,768,254 0.95%
(Increases vs.FY 2019)
FY2020 Maximum Allowable Levy
*Industrial valutaion is adjusted for TIF agreements Limit $ 196,137,281 5.30%
%LEVY CHANGE:
FACTOR %SHARE OF LEVY TAX LEVY TAX RATE FY2019 v.FY2020
C-I-P RESID C-I-P RES C-1-P RESID C-I-P RESID C-I-P RESID COMMENTS
1.000 1.000 11.5% 88.5% $ 22,523,429 $ 173,613,852 $15.56 $15.56 -39.0% 16.3% SINGLE TAX RATE
1.050 0.994 12.1% 87.9% $ 23,649,600 $ 172,487,680 $16.33 $15.45 -36.0% 15.6%
1.100 0.987 12.6% 87.4% $ 24,775,772 $ 171,361,509 $17.11 $15.35 -32.9% 14.8%
1.150 0.981 13.2% 86.8% $ 25,901,943 $ 170,235,337 $17.89 $15.25 -29.9% 14.1%
1.200 0.974 13.8% 86.2% $ 27,028,115 $ 169,109,166 $18.67 $15.15 -26.8% 13.3%
1.250 0.968 14.4% 85.6% $ 28,154,286 $ 167,982,995 $19.44 $15.05 -23.8% 12.5%
1.300 0.961 14.9% 85.1% $ 29,280,458 $ 166,856,823 $20.22 $14.95 -20.7% 11.8%
1.350 0.955 15.5% 84.5% $ 30,406,629 $ 165,730,652 $21.00 $14.85 -17.7% 11.0%
1.400 0.948 16.1% 83.9% $ 31,532,801 $ 164,604,480 $21.78 $14.75 -14.6% 10.3%
1.450 0.942 16.7% 83.3% $ 32,658,972 $ 163,478,309 $22.56 $14.65 -11.6% 9.5%
1.500 0.935 17.2% 82.8% $ 33,785,143 $ 162,352,137 $23.33 $14.55 -8.5% 8.8%
1.550 0.929 17.8% 82.2% $ 34,911,315 $ 161,225,966 $24.11 $14.45 -5.5% 8.0%
1.560 0.927 17.9% 82.1% $ 35,136,549 $ 161,000,732 $24.27 $14.43 -4.9% 7.9%
1.570 0.926 18.0% 82.0% $ 35,361,784 $ 160,7751497 $24.42 $14.41 -4.3% 7.7%
1.580 0.925 18.1% 81.9% $ 35,587,018 $ 160,550,263 $24.58 $14.39 -3.7% 7.6%
1.590 0.923 18.3% 81.7% $ 35,812,252 $ 160,325,029 $24.73 $14.36 -3.1% 7.4%
1.600 0.922 18.4% 81.6% $ 36,037,486 $ 160,0993794 $24.89 $14.34 -2.5% 7.3%
1.610 0.921 18.5% 81.5% $ 36,262,721 $ 159,874,560 $25.04 $14.32 -1. % 7.1%
1.620 0.920 18.6% 81.4% $ 36,487,955 $ 159,649,326 $25.20 $14.30 -1.2% 7.0%
1.630 0.918 18.7% 81.3% $ 36,713,189 $ 159,424,092 $25.36 $14.28 -0.6% 6.8%
1.640 0.917 18.8% 81.2% $ 36,938,424 $ 159,198,857 $25.51 $14.26 0.0% 6.7%
1.650 0.916 18.9% 81.1% $ 37,163,658 $ 158,973,623 $25.67 $14.24 0.6% 6.5%
1.660 0.914 19.1% 80.9% $ 37,388,892 $ 158,748,389 $25.82 $14.22 1.2% 6.4%
1.670 0.913 19.2% 80.8% $ 37,614,126 $ 158,523,154 $25.98 $14.20 1.8% 6.2%
1.680 0.912 19.3% 80.7% $ 37,839,361 $ 158,297,920 $26.13 $14.18 2.4% 6.1%
1.690 0.910 19.4% 80.6% $ 38,064,595 $ 158,072,686 $26.29 $14.16 3.0% 5.9%
1.700 0.909 19.5% 80.5% $ 38,289,829 $ 157,847,451 $26.44 $14.14 3.6% 5.8%
1.710 0.908 19.6% 80.4% $ 38,515,064 $ 157,6223217 $26.60 $14.12 4.3% 5.6%
1.720 0.907 19.8% 80.2% $ 38,740,298 $ 157,396,983 $26.76 $14.10 4.9% 5.5%
1.730 0.905 19.9% 80.1% $ 38,965,532 $ 157,171,749 $26.91 $14.08 5.5% 5.3%
1.740 0.904 20.0% 80.0% $ 39,190,766 $ 156,946,514 $27.07 $14.06 6.1% 5.2%
1.750 1 0.902700 20.1% 79.9% $ 39,416,001 $ 156,721,280 $27.22 $14.04 6.7% 5.0% 1 MAX SHIFT
FY 2019>> $27.33--r--$14.12
FY20 Classification Packet Final Update_11.19.19 3 11/15/2019
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FY 2020 Town of Lexington-Tax Classification Packet
EXHIBIT D=1 : TOWN OF LEXINGTON = Tax Rate Shift Options & Property
Comparisons
(New Levy Growth[i.e.new construction]was removed from the new FY 2020 assessed values(below)to illuminate the intrinsic market change within each category.)
RESIDENTIAL PARCELS (Prior Year) RESIDENTIAL
• •• Z 9 Single Resid Net of New Growth>>>
(Does not include Resid Condos,Apts.,2-3 family,etc) FY 2019 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020
FY 20 Assmt.@ 445/sf for Avg.Single Family Dwelling $1,050,585 $1,095,030 $1,095,030 $1,095,030 $1,095,030 $1,095,030 $1,095,030 $1,095,030
Tax Burden Shift Factor 1.75 1.65 1.70 1.71 1.72 1.73 1.74 1.75
Tax Rate(per$1 K of Ass'd value) $14.12 $14.24 $14.14 $14.12 $14.10 $14.08 $14.06 $14.04
Avg.Tax Bill(based on Avg.Ass'd Value) $14,834 $15,597 $15,487 $15,465 $15,443 $15,421 $15,399 $15,376
$Tax differential between FY19-FY20 Not applicable $763 $653 $631 $609 $587 $565 $542
%Tax differential between FY19-FY20 Not applicable 5.1% 4.4% 4.3% 4.1% 4.0% 3.8% 3.7%
value FY 19(w/growth)vs.FY 20(without growth) 4.2%
. ..Will . • . .. 7C�ategory
ii
Resid Misc Net of New Growth>>>
(Includes Resid.Condos,Apart.Bldgs.,2-3 family,eFY 2019 FY 2019 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020
FY 20 Assmt.@ 315/sf for Avg Property i $779,174 $844,380 $844,380 $844,380 $844,380 $844,380 $844,380 $844,380
Tax Burden Shift Factor 1.75 1.65 1.70 1.71 1.72 1.73 1.74 1.75
Tax Rate(per$1 K of Ass'd value) $14.12 $14.24 $14.14 $14.12 $14.10 $14.08 $14.06 $14.04
Avg.Tax Bill(based on Avg.Ass'd Value) $11,002 $12,027 $11,942 $11,925 $11,908 $11,891 $11,874 $11,857
$Tax differential between FY19-FY20 Not applicable $1,025 $940 $923 $906 $889 $872 $855
%Tax differential between FY19-FY20 Not applicable 9.3% 8.5% 8.4% 8.2% 8.1% 7.9% 7.8%
%value FY 19(w/growth)vs.FY 20(without growth) 8.4%
COMMERCIAL PARCELS COMMERCIAL
• • . .. Large Office Net of New Growth>>>
(General Office(non-Lab,non-Med);all> 20,000 sgft GBA) FY 2019 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020
FY 20 Assmt.@ 162/sf for Avg Property in Category $12,836,458 $13,713,000 $13,713,000 $13,713,000 $13,713,000 $13,713,000 $13,713,000 $13,713,000
Tax Burden Shift Factor 1.75 1.65 1.70 1.71 1.72 1.73 1.74 1.75
Tax Rate(per$1 K of Ass'd value) $27.33 $25.67 $26.44 $26.60 $26.76 $26.91 $27.07 $27.22
Avg.Tax Bill(based on Avg.Ass'd Value) $350,820 $351,969 $362,634 $364,767 $366,901 $369,034 $371,167 $373,300
$Tax differential between FY19-FY20 Not applicable $1,148 $11,814 $13,947 $16,080 $18,213 $20,346 $227480
%Tax differential between FY19-FY20 Not applicable 0.3% 3.4% 4.0% 4.6% 5.2% 5.8% 6.4%
%value FY 19(w/growth)vs.FY 20(without growth) 6.8%
� • �71 Sm&Med Office Net of New Growth>>>
(General Office+Professional);all<20,000 sgft GBA) FY 2019 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020
FY 20 Assmt.@ 218/sf for Avg Property in Category $1,224,176 $1,393,297 $1,393,297 $1,393,297 $1,393,297 $1,393,297 $1,393,297 $1,393,297
Tax Burden Shift Factor 1.75 1.65 1.70 1.71 1.72 1.73 1.74 1.75
Tax Rate(per$1 K of Ass'd value) $27.33 $25.67 $26.44 $26.60 $26.76 $26.91 $27.07 $27.22
Avg.Tax Bill(based on Avg.Ass'd Value) $33,457 $35,761 $36,845 $37,062 $37,279 $37,495 $37,712 $37,929
$Tax differential between FY19-FY20 Not applicable $2,305 $3,388 $3,605 $3,822 $4,039 $4,255 $4,472
%Tax differential between FY19-FY20 t applicable 6.9% 10.1% 10.8% 11.4% 12.1% 12.7% 13.4%
value FY 19(w/growth)vs.FY 20(without growth) No 13.8%
• - • . .. All Town Retail Net of New Growth>>>
(Retail,Restaurants,&Banks,but not Retail Condos) FY 2019 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020
FY 20 Assmt.@ 252/sf for Avg Property in Category $1,608,152 $1,701,563 $1,701,563 $1,701,563 $1,701,563 $1,701,563 $1,701,563 $1,701,563
Tax Burden Shift Factor 1.75 1.65 1.70 1.71 1.72 1.73 1.74 1.75
Tax Rate(per$1 K of Ass'd value) $27.33 $25.67 $26.44 $26.60 $26.76 $26.91 $27.07 $27.22
Avg.Tax Bill(based on Avg.Ass'd Value) $43,951 $43,674 $44,997 $45,262 $45,526 $45,791 $46,056 $46,321
$Tax differential between FY19-FY20 Not applicable $11046 $1,311 $1,576 $1,840 $2,105 $2,370
%Tax differential between FY19-FY20 t applicable % 2.4% 3.0% 3.6% 4.2% 4.8% 5.4%
value FY 19(w/growth)vs.FY 20(without growth) No 5.8%
• - • • • . .. Comm.Condo Net of New Growth>>>
(Retail Shop Condominiums are included) FY 2019 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020
FY 20 Assmt.@ 263/sf for Avg Property in Category $211,278 $213,261 $213,261 $213,261 $213,261 $213,261 $213,261 $213,261
Tax Burden Shift Factor 1.75 1.65 1.70 1.71 1.72 1.73 1.74 1.75
Tax Rate(per$1 K of Ass'd value) $27.33 $25.67 $26.44 $26.60 $26.76 $26.91 $27.07 $27.22
Avg.Tax Bill(based on Avg.Ass'd Value) $5,774 $5,474 $5,640 $5,673 $5,706 $5,739 $5,772 $5,805
$Tax differential between FY19-FY20 Not applicable 13 1 1 $31
%Tax differential between FY19-FY20 Not applicable % . % -1® % -1.1 % % 0.0% 0.5%
%value FY 19(w/growth)vs.FY 20(without growth) 0.9%
INDUSTRIAL PARCELS INDUSTRIAL
• • • • • . .. Lab/Office Net of New Growth>>>
(Bio or Chem Laboratory,or Medical Use is Primary) FY 2019 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020 FY 2020
FY 20 Assmt.@ 290/sf for Avg Property in Category $20,066,385 $20,587,286 $20,587,286 $20,587,286 $20,587,286 $20,587,286 $20,587,286 $20,587,286
Tax Burden Shift Factor 1.75 1.65 1.70 1.71 1.72 1.73 1.74 1.75
Tax Rate(per$1 K of Ass'd value) $27.33 $25.67 $26.44 $26.60 $26.76 $26.91 $27.07 $27.22
Avg.Tax Bill(based on Avg.Ass'd Value) $548,414 $528,409 $544,422 $547,624 $550,827 $554,029 $557,232 $560,434
$Tax differential between FY19-FY20 Not applicable , , $21412 $5,615 $8,817 $12,020
%Tax differential between FY19-FY20 Not applicable % . % .1% 0.4% 1.0% 1.6% 2.2%
%value FY 19(w/growth)vs.FY 20(without growth) 2.6%
Note:Tax Increment Financed[TIF]properties:1)Shire @ 200,300,&400 Shire Way),and 2)uniQure(-50%of 113 Hartwell Ave)are shown above in INDUSTRIAL
Lab/Office Combo category as"NET Avg.Assessment less Avg.Growth"so that only actual taxable dollars appear in tax comparison.
7
FY20 Classification Packet Final Update_11.19.19 11/15/2019
FY 2020 Town of Lexington-Tax Classification Packet
EXHIBIT E: TAX FACTORS AND TAX RATES -
COMPARABLE COMMERCIAL COMMUNITIES, AND
CONTIGUOUS COMMUNITIES
COMPARABLE COMMERCIAL COMMUNITIES
C-1-P FY2 019 FY2 018 FY2 019
State C-I-P RESIDENTIAL C-I-P C-I-P RESIDENTIAL C-I-P C-I-P
Rank MUNICIPALITY ASS'D VALUE RATE/K RATE/K SHIFT RATE/K RATE/K SHIFT
1 Boston $56,885,522,400 $10.48 $25.20 1.750 $10.54 $25.00 1.750
2 Cambridge $29,418,887,353 $6.29 $14.81 1.660 $5.94 $13.71 1.639
3 Waltham $4,202,615,796 $12.61 $27.97 1.750 $12.66 $26.45 1.750
4 Worcester $3,526,507,345 $18.91 $34.03 1.480 $18.00 $34.90 1.557
5 Newton $3,055,522,368 $10.82 $20.62 1.746 $10.45 $19.94 1.749
XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX
22 Wellesley $1,536,819,081 $11.95 $11.95 1.000 $11.57 $11.57 1.000
23 Braintree $1,525,766,953 $10.54 $23.37 1.750 $10.09 $22.20 1.750
24 Andover $1,495,380,731 $15.64 $27.61 1.542 $15.27 $27.51 1.572
25 Norwood $17462,387,579 $11.09 $22.47 1.570 $10.89 $22.82 1.610
26 Lexington $1,351,761,195 $14.30 $27.69 1.750 $14.12 $27.33 1.750
27 Brockton $17346,843,440 $16.06 $33.23 1.730 $15.54 $31.67 1.730
28 Needham $17321,890,369 $11.88 $23.46 1.750 $12.39 $24.42 1.750
29 Lowell $1,294,082,017 $14.39 $29.34 1.750 $14.04 $28.59 1.750
30 Westborough $1,283,903,632 $18.46 $18.46 1.000 $18.33 $18.33 1.000
The EIGHT (8) CONTIGUOUS COMMUNITIES to LEXINGTON
FY 2018 FY2 018 FY2 019
C-1-P RESIDENTIAL C-1-P C-1-P RESIDENTIAL C-1-P C-1-P
MUNICIPALITY ASS'D VALUE RATE RATE SHIFT RATE RATE SHIFT
3 Waltham $4,202,615,796 $12.61 $27.97 1.750 $12.66 $26.45 1.750
7 Burlington $2,558,307,928 $10.62 $27.56 1.609 $10.48 $27.22 1.605
10 Woburn $27263,186,297 $9.89 $24.95 1.750 $9.50 $23.72 1.750
26 Lexington $1,351,767,195 $14.30 $27.69 1.750 $14.12 $27.33 1.750
55 Bedford $839,773,887 $13.74 $30.38 1.750 $12.96 $28.42 1.750
78 Arlington $6221113,618 $12.13 $12.13 1.000 $11.26 $11.26 1.000
104 Belmont $4497595,245 $12.15 $12.15 1.000 $11.67 $11.67 1.000
129 Winchester $3427 398,325 $12.19 $11.50 1.000 $12.11 $11.45 1.000
253 Lincoln $737418,272 $13.60 $17.88 1.300 $14.03 $18.44 1.300
FY20 Classification Packet-Final Update_11.19.19 8 11/15/2019
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EXHIBIT G: ADOPTION OF RESIDENTIAL EXEMPTION
PROPERTY TAX IMPACT ANALYSIS
RESIDENTIAL EXEMPTION WORKSHEET
FISCAL YEAR 2020 INFORMATION
TOTAL RESIDENTIAL (ASS'D) OVERALL VALUI $11,160,841,132
TOTAL# RESID. PARCELS 10,861 (Includes over 500 unbuildable (mostly small) parcels of land.)
AVG. RESIDENTIAL PARCEL $1,027,607
EXEMPTION Percentage >> 35% is Max. Resid Exemption allowed by MGL in FY 2020
EXEMPTION $AMOUNT $205,521
EST.#OF EXEMPT (Principal Resid.) PARCELS 9,265 Estimated #of non-owner occupied parcels »»> 1,596
TOTAL VALUE MADE EXEMPT by this clause $1,904,156,028
RESID. RATE (FY2020) $14.04 (Note: This Rate is from Exhibit A.)
TOTAL RESID. REVENUE (tax dollars) $156,721,280
NEW RESID. OVERALL ASSESSED VALUE $9,2567685,104
NEW(Derived by formula) RESID. RATE $16.93
(a) (b) ( c) (d) (e) (f) (g) (h) (i)
EXEMPTED
PRELIMINARY ANNUAL ASSESSED NET
EXAMPLES OF TAX RATE @ PROPERTY VALUE @ 20% ASSESSED DERIVED TAX NET TAX $Change %Change
ASSESSED VALUE 1.75 SHIFT TAX BILL EXEMPTION VALUE RATE BILL (g-c) (h/c)
$400,000 $14.04 $5,617 $205,521 $1941479 $16.93 $3,293 -$2,324 -41.38%
$500,000 $14.04 $7,021 $205,521 $2941479 $16.93 $4,986 -$2,035 -28.99%
$600,000 $14.04 $8,425 $205,521 $3941479 $16.93 $6,679 -$11 746 -20.73%
$700,000 $14.04 $9,829 $205,521 $494,479 $16.93 $83 372 -$11458 -14.83%
$800,000 $14.04 $11,234 $205,521 $594,479 $16.93 $10,065 -$1,169 -10.40%
$900,000 $14.04 $12,638 $205,521 $694,479 $16.93 $115 758 -$880 -6.96%
$1,000,000 $14.04 $14,042 $205,521 $7941479 $16.93 $13,451 -$591 -4.21%
$11100,000 $14.04 $15,446 $205,521 $8941479 $16.93 $15,144 -$302 -1.96%
** $1,204.1624 $14.04 $16,915 $205,521 $999,103 $16.93 $16,915 $0 0.00%
$11 250,000 $14.04 $17,553 $205,521 $1,044,479 $16.93 $17,684 $131 0.75%
$1,500,000 $14.04 $21,063 $205,521 $1,294,479 $16.93 $21,916 $853 4.05%
$11 750,000 $14.04 $24,574 $205,521 $1,544 7479 $16.93 $26,149 $1,575 6.41%
$2,000,000 $14.04 $28,084 $205,521 $1,794,479 $16.93 $30,382 $2,297 8.18%
$2,500,000 $14.04 $35,105 $205,521 $2,294,479 $16.93 $385 847 $3,742 10.66%
$3,000,000 $14.04 $42 3126 $205,521 $21 794,479 $16.93 $475 312 $5,186 12.31%
$5,000,000 $14.04 $70,210 $205,521 $4,794,479 $16.93 $81,173 $10,963 15.61%
Residential Exemption may not reduce the taxable value of the property to less than 10 percent of its full and fair cash
value.
**BREAK EVEN ASSESSED VALUE, NO TAX IMPACT. $1204,624
FY20 Classification Packet—Final Update_11.19.19 11/15/2019
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Recommendations for Restriping Massachusetts Avenue to Include Additional Parking
PRESENTER: ITEM
NUMBER:
Melisa Tintocalis, Economic
Development Officer I.2
SUMMARY:
Attached please find a proposal from the Parking Management Group recommending adding 82 additional on-
street parking spaces on Massachusetts Avenue, Waltham Street, Merriam Street and Clarke Street. This is an
initial presentation to the Board for the Board's consideration and input before a final recommendation for
action will be presented.
SUGGESTED MOTION:
n/a
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 7:30 pm
ATTACHMENTS:
Description Type
F) Menu I..)vex° 11errio
Town of Lexington
1625 Massachusetts Ave.
Lexington,MA 02420
Memorandum
To: Jim Malloy, Town Manager
CC: Mark Corr, Police Chief and David Pinsonnault, Director of DPW
From: Melisa Tintocalis, Economic Development Director
Date: September 30, 2019
RE: Recommendation for Roadway Striping for Parking
Recommendation
The Parking Management Group, a Town Manager working group of staff and volunteers,
recommends the Board of Selectmen approve the striping for on-street parking spaces in four
areas for a total of 82 marked spaces. The funds to pay for this initial work is recommended to
come from the Parking Meter Revenue Account.
Background
Based on Lexington Center Parking Management and Implementation Plan approved by the
Board of Selectmen in 2016, the Parking Management Group identified several existing on-street
locations that could be marked with roadway paint to augment the parking supply in the Center.
Subsequently, the Town Engineer contracted with GCG Associates to survey the proposed
streets and develop a layout in compliance with town and state traffic regulations, see the
enclosed maps for details. In accordance with the survey, the Parking Management Group
recommends the following spaces be striped for use without meters:
1. Massachusetts Avenue from Rowland Avenue to Percy Road(north and south side)
a. 61 spaces
2. Waltham Street from Park Drive to Forest Street (west side only)
a. 2 spaces
3. Merriam Street from Patriots Drive to Stetson Street(east side only)
a. 10 spaces
4. Clarke Street from Forest Street to Raymond (east side only)
a. 9 spaces.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update on Solar and Storage Request for Proposal
PRESENTER: ITEM
NUMBER:
Shawn Newell,Assistant Director of
F acilities I.3
SUMMARY:
Shawn Newell and representatives from Amere s c o will be presenting to the Board related to the Solar and
S to rage R F P that was issued and has been int the process of negotiations for the past several months. While
this is a presentation to bring the Board up to date on this project, we will be seeking Board authorization for
the Town Manager to sign agreements with Amere s c o two weeks later. Timing is very important and now that
the issues have been worked out and we have a definitive plan, it's very important that we move quickly since
there are different blocks and tranc he s that affect the value of this type of a project and the longer we wait the
more negative that impact may b e. We have also included a memo from Town Counsel on the negotiations
with Amere s c o.
SUGGESTED MOTION:
n/a- although as noted above, we will be s e eking authorization for the Town Manager to sign documents at the
next Selectmen's meeting.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 8:00 pm
ATTACHMENTS:
Description Type
ANDERSON
I E
MEMORANDUM
To: Town of Lexington Board of Selectmen
From: Kevin Batt and Jessica A. Wall
ANDERSON &KREIGER LLP
Re: Status of Negotiations with Ameresco regarding School Projects
Date: November 14, 2019
This memorandum summarizes the status of negotiations between the Town and Ameresco concerning the
contracts for several solar projects at the following Town-owned properties: Lexington Children's Place; New
Hastings Elementary; Diamond Middle School; Bridge Elementary School; Harrington Elementary; Clarke
Middle School; and Bowman Elementary.
In response to a December 2018 Request for Proposals (#19-59), the Town selected Ameresco to construct a
photovoltaic (solar) array and related energy storage system at each site. Each site will have its own set of three
contract documents: (1) a Power Purchase Agreement, which governs the production and sale of electricity
from Ameresco to the Town, as well as related battery storage; (2) a Lease, which governs the property-related
interests of the Town and Ameresco based on Ameresco's occupation and use of Town property and (3) a
PILOT Agreement to set taxes on the systems installed at the site.
Together with Town staff, Select Board member Mark Sandeen and Sustainable Lexington Committee member
Dan Voss, Town Counsel at Anderson&Kreiger(A&K) have been negotiating these contracts for several
months. The parties hope to have contracts signed by the end of the year to lock in pricing for the solar services.
To that end, A&K, key Town personnel, Ameresco, and others are preparing a presentation to the Board for its
meeting on November 18 to orient Board members to the projects and answer any questions they may have.
The outstanding negotiation issues include pricing arrangements (which are contingent on each project's
acceptance into a incentive program(SMART) that assigns pricing in blocks), the terms of operation for energy
storage systems, and measures of compensation to the Town if Ameresco does not satisfy contract terms. We
will need input from the School Superintendent concerning site-specific considerations for each school. Finally,
current Ameresco pricing assumes that Ameresco would pay a PILOT (payment in lieu of taxes) at each site.
Ideally, the PILOT amounts for each school would be final at signing, but could also be resolved through an
annual PILOT estimate followed by a "true-up" each year.
We hope to have draft contracts for the Board's discussion and approval at its December 2 meeting. If further
discussion or edits are necessary, they can be discussed at the Board's final meeting on December 16. Our goal
is for the Board on December 2 to approve the contracts in principle, including the major economic terms, and
then authorize the Town Manager to approve final forms and execute the contracts.
We are happy to discuss the projects and negotiations in more detail at the Board's November 18 meeting.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update on Center Track Project
PRESENTER: ITEM
Melissa Battite Director of Recreation NUMBER:
& Community Programs &Activitas
I.4
Representative
SUMMARY:
Melissa Battite, Recreation Director and representatives from Activitas will present an update on the Center
Track project and lead a discussion on completion of the project in the Spring of 2020.
SUGGESTED MOTION:
n/a
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 8:15 pm
ATTACHMENTS:
Description Type
v
0
A
Lexington
RECIREA I ION&CUM �,gIII I M
eYwwu.n`ml�R)40 R A U
LexingtonTown of
Recreation and Community Programs
Melissa ttit ,CPRP Tel-, 781-6984800
Director of Recreationi ro ra781-861-2747
November r
2019
" IDeAngelis, IChair
.
* Melissa
.
Battite, Direct
.
Reconstruction Center Track and Field
1(op,date
The Center Track and Field
the final install for the track surfacingI I Iconditions and
temperatures that remain over 40 degrees for 14 days. The forecast for the coming weeK aoes
not provide the conditionsremaining i
spray.paved mat and the structural As a result, this installationin the spring of
2020 and will commence on or about May
weather permitting. We antic
, ,
completion the
project
, 2020.
The contractor will continueIs fall. The landscape/plantings and the track will
only work remaining for the I . The RecreationI I items
for consideration that would extend the fall and springdepending
1 have been updating the Town Manager and School Administration
status.
Naomistaff working meeting among myself, Peter Coleman and Martin
which time the spring , practice, game and meet schedules were reviewed
we identified what steps are needed in the coming
spring season. This included relocation of practices, games and meets depending .
AprilThe FY20 Capital Project—Park Improvements at the Diamond Field was scheduled to take
place I 1eld opening in mid-May, the
Diamond .
Later today, Tuesday, November , 2019, 1 willI I r
RecreationSuperintendent of Schools, I , as well as utilize
the
r PublicI I .
ject status
work.and spring
Please contact me with any I .
Center Track and Field Project to Continue Into Spring 2020 Town of Lexington MA
Town if o
Select Language ua a Search
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L, e,x,i, n 1,,,,o � r e� l ( Wo
Translate
on
Masi s a ch use tits
TOWN OFFICE BUILDING HOURS:
Monday, Wednesday, Thursday, 8:30 - 4:30, Tuesday
8:30 - 7:00, Friday 8:30 - 1:00
HOME DEPARTMENTS BOARDS & COMMITTEES VISITORS CONTACT US
HELP CENTER
Home ❑ ❑
roll t to Continue
Center Track and -iteld P jec
0
Into Spring 2020
IIII IIII IIII IIII IIII° IIII° IIII IIII IllIiIIII IIIIN51 2019
The Center Track and Field Reconstruction Project
IIIIIIII
® ml���'muuuuui
i ���/l �� ��vvviV umiiuuuuu
/1��' r uui IIIIIII III
Continues to progress, with just a few remaining
items. An important part of the project that remains,
r�
the track
requires a combination of dry
surfacing,
conditions and temperatures that remain over 40
degrees for 14 days. The anticipated forecast for
r c,�
the remainder of the year does not provide the
Conditions required to install the remaining two
surfaces which include the paved mat and the
structural
® As a result,
we anticipate the track
surface installation to begin in early weather
with an anticipated completion date of
7 permitting,
staff,mid-late May.
Town
school administration,
and members of the relevant boards/committees have been in
constant communication about the progress of this project and how best to prepare for a successful
spring 2020 sports These officials have reviewed the spring sports
game
® schedule, practices,
schedules,and meet and identified the steps needed in the coming months to be prepared,
practices, this
included relocation of
Improvements to the Diamond Field were scheduled to take place between April and August
games and meets depending on the sport.
https://www.lexingtonma.gov/home/news/center-track-and-field-project-continue-spring-2020[11/14/2019 12:44:51 PM]
Center Track and Field Project to Continue Into Spring 2020 1 Town of Lexington MA
but with the unforeseen delay of the Center Trek and Field opening in mid-May, the Diamond project
will be delayed as well to best accommodate spring sports.
More information, including regular project updates, can be found on the Recreation Department'
Capital Projects page on the Town's website.
To speak to someone about this project, contact the Recreation Department by email at
�Rec�De�p-t@�Lex�iing--t , or by phone at 7 1-698-4600.
Lexington Town Office Building, 1625 Massachusetts Avenue, Lexington, Mai 02420 7 1- 62-0 00
Contact the Webma ster bi
site Disclaimer Government Websites by Cv....I, plus 0
Web Editor Login
MINE
https://www.lexingtonma.gov/home/news/center-track-and-field-project-continue-spring-2020[11/14/2019 12:44:51 PM]
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discuss EV Charging Parking Regulations
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.5
SUMMARY:
Attached please find the updated regulation as previously discussed and edited to reflect those discussions.
Additionally, when I sent it out for any final comments, I did receive a comment that item(E) should be
clarified as it originally started with "Metered parking spaces..." which has been changed to "E V Charging
Station parking spaces..." which makes it clear that not all metered parking spaces are reserved for electric
vehicles.
SUGGESTED MOTION:
Move to approve the amendment to Section 192-40 of the Traffic Rules and Regulations as attached.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 8:30 pm
ATTACHMENTS:
Description Type
Amend Section 192 Traffic Rules and Regulations
Town of Lexington
Electric Vehicle(EV)Charging Stations in Public Parking Locations
Adopted:
Amend Section 192-40 to add the following:
§ 192-40 Parking Meters with EV Charging Stations
The Town of Lexington encourages use of the public EV Charging Stations found in municipal parking lots
in Lexington. The following shall apply:
A. All normal parking fees and rules shall apply to parking spaces with EV Charging capabilities.
B. There is established a four-hour maximum time limit for parking in an EV Charging Station while any
other metered time limitation is in effect.
C. EV Charging Stations shall charge a rate as set by the Board of Selectmen that ensures all costs
associated with the use of the Charging Station are recovered by the Town, any fees charged over
the base electric cost shall be deposited in the Parking Lot Fund.
D. Parking meter and enforcement regulations as stated in §192 of the Town's Traffic Rules and Orders
shall apply to all EV Charger Station parking meters.
E. EV Charging Station parking spaces shall be reserved for electric vehicles, any non-electric vehicle
may be subject to a fine of$100.
Amend current Section 192-40 to be renumbered as Section 192-41.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Water/Sewer Abatement Appeal - 37 Turning Mill Road
PRESENTER: ITEM
NUMBER:
Yacov Levy on behalf of Jeffrey and
Maya Bober I.6
SUMMARY:
Attached please fmd the appeal from Mr. Bober of 37 Turning Mill Road, background information from the
DPW on this appeal and use of water and the Water and Sewer Abatement Guidelines for the Board's
information. The Board is the final appeal in this matter and may either deny(based upon the guidelines that
have been followed by the Water and Sewer Abatement Board)or grant a partial or complete abatement.
There are motions for the Board to consider either decision. The recommendation from staff(DPW Director,
Water/Sewer Abatement Board and Town Manager) is to deny the appeal based on the water being used by the
homeowner, costs associated to the Town and that the Water and Sewer Abatement Board followed the
guidelines for granting abatements (and granted a partial).
SUGGESTED MOTION:
Move to deny the appeal of the Mr. & Mrs. Bober related to the water/sewer bill at 37 Turning Mill Road.
or
Move to approve an abatement of$ on the water/sewer bill at 37 Turning Mill Road.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 8:45 pm
ATTACHMENTS:
Description Type
F) Request to Appeal to I 3(,)ard of Selectmen 37'"I'timing Mill Road. Ikack.u-p Material
F) [:Iackgrou-nd Infl)I-'rom f)PW (bver Memo
F) Water arid.Sewe;r Abatement(16defines Cbver Memo
From: Jeff Bober
To: Selectmen
Subject: 37 Turning Mill Road
Date: Saturday,September 28,2019 8:54:54 PM
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Ms.Kim Katzenback„
This email is our formal request for an appeal in front of Lexington Board of Selectmen.
Our request to recalculate the abatement is based on three reasons: 1.The 70/30%allocation of excess usage 2.
Efficient use of the irrigation system 3. Our financial situation.
Thanks,
Jeff and Maya Bober
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To NNAC01,11 It Nlay C(�)twerri,
At t h e'r, qLICISt Of"WE I-IC)TT1,�l:()VVIlte�rl,oc�ated,at 37 Turninj 'Mill,Road, I exingron, INIA.
9
Easte,,rn Brothers trade a sservx ice cal I to assess ifthiciv, wiis leak in thv irrfig,a(ior,1, syston,
Our assessi'i,,iem-1 1"CSUIts are ttua,(, �,,,'here ar-e ii,,o lea,kcs ii,i,the irrigation SYSWITL,
It'y(011 fn�,ve any cluestionss re,gardg this nmuer- please contact wirrM,office at 78 1-863-
0 78 9,,
you.
Nn�,tiv-,Mairie Whide'ti,
E;istern D others InI,gati,on
01 Box 5,49
Lexirigtotri, N, `Lk, 0,2420
781-8,63--(Y789 Qcmwrat Bvt,s6,,ie,,,ss Lit'le)
7 81�-8791-: 9 3 8 (D i re c
TOWN LEXINGTONF.
APPLICATION FOR ABATEMENT
WATER/SEWER WATER/SEWER USAGE CHARGES
NAMC�—
E,. � CCT
ADDRESS PHONE
�A ie CA,
ADDRESS FOR WHICH APPLICATION lS FILED
THISAPPLICATION IS FOR AN ABATEMENT OF BILL# 131LL DATE
I ASON(S) FOR WHICH AN ABATEMENT IS REQUESTED(please attache supporting do� r errt :ti n; if abatementis sought
for relief due to a leak, please provide a plumber's invoice showing that the leak has been fixed.)S1 ell, mw
SIGNATURE OF APPLIC IT
DATE,OFAPPLICATION, DATE RECEIVED(office use only)-
PLEASE MAIL OR BRING
201 BEDFORD STREET, LEI GTON, MA 02420
, TTN"Water/Sewer Abatement
OR CALL* 781-274-8370
PLEASE THE FOLLOWING CA
Deadline for submittal of an application for abatement is 30 days after the issuance date of'the e bill in dispute. Applications will
be reviewed by the Water/Sewer Abatement Board, Its determination will be submitted to the Board ofSelectmen for final
approval. It is estimated it will take 8 weeks for an application to be reviewed by the Abatement Board and approved by the
Board of Selectmen,depending on the meeting schedule of both Boards®
An application for abatement will not be considered unless all prior bills on the account are paid and a payment is made on the
bill in dispute,in an amount equal to the bill issued for the same period in the prig year. For an applicant who does not have a
prior billing.history',the Town will d t rrnin , .n;amount to be paid on the bill in dispute based on the number of occupants in the
home during the period in dispute and industry averages,of usage per occupant.
Any interest t thataccrues on the unpaid balance of a,disputed bill while n application for abatement is being considered will be
waived.
Applicants will be notified in writing of the determination f the b t m nt Board. Applicants may exercise their right to appear
t a subsequent meeting of the Abatement Board if they disagree with its determination. An applicant must inform the Town of
his/her sh to appear before the Abatement Board within 15 business days of the date,of the written notification of the
Abatement Board's determination, If an applicant does not respond within 15 days, it will be deemed that the Abatement Board's
determination is accepted by the applicant.
Recommendations of the,Abatement hoard will be submitted to the Beard of Selectmen for final approval,An applicant will b
notified of the Selectmen's action and will have 30 days from the date of notification to pay the outstanding balance of the
contested bill. No interest will accrue on the unpaid balance if payment is received within 30 days of notification.
Applicants may be asked to submit supplementary information to support the application,for abatement.
N
maya and Jeffrey Bober
37 Turning, Mill Road, Lexington MA, 02420
617- 6,28-0699 Cell: 617-290-2025
Samuel Hadley December 13, 2018
Public Services Building
Water/Sewer Abatement
201 Bedford Street
Lexington MA 02420
Re: Water,j,Sewer Bill Account No 0300827800
My name is Jeffrey Bober, my wife Maya and our daughter Rebekah moved to Lexington in July of 2017.
The main reason for our move from Somerville was to benefit from the excellent education system that
our eight year old claughter needs so much., Immediately after our move,we installed an irrigation
system in our front yard. Theirrilgation system drew water from the town and had worked well sothat
we could enjoy the green grass and still save,water by watering on a schedule.
This week I received your water/sewer bill for$5,586.6 and we're still in a shock. Immediately I called
your off ice and as per their suggestion I am writing hi letter to request abatement on the bill.Althoug h
our financial situation is very,fight,we pay all invoices to the Town,of Lexington on time.Our 2,017'
Income Tax,Ret urn show s a taxabile in+ ,e of'$44,050(line 43)and can be presented upon request.At
the present time wepre unable to pay this bill.
Over the summer of 2018 1 noticed that,my irrigation system wasworking erratically. It would not go on
at the correct t1imes,watered longer than lit was set for ancl on occasion consecutive,days instead of
every other clay.;even when not prompted to,and also,that the system was running on two different
programs. I turned offone of the systems,called the irrigation company and tried to follow manually
their instructions. I shortened the time,changed the days that it would water, but nothing seemed to
work as probably it was more of a problem than I could solve in programing the system. Finally, late
,September 1, decided to shut the whole system off and not use,theirrilgation system to water the grass.
,A few weeks,later,I had the irrigation company come in and draln,the system and completely shut down
for the winter.
I tried to do the best I co uld a ncl my plan for next year is to discuss it fur the r with th e irrigation com pa ny
to better utilize the system,and to monitor it more closely to ensure that this does not happen again.
As per your,suggestion and to demonstrate good falth, and to avoid any extra interest and other charges
to a+ ruel, I'm enclosing a check number 5,45in the amount of$94,0.90 which was the amount"I had
previously paid.
I would appreciate very much your conside ration and ask that the abDve payment will fulfill the full
amount we owe. I look forward to,your dectsion.
Sincerely.
i J Bober
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W
Town of Lexington Department of Public Works A
Water lSewer,Divlsion AN
AM 0
Samuel Hadley�Public Services Building
4
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,2,01 Bedford Street
Lexington, MA 02420 APRIL 19"
IN G-11
1/24/2019
Maya Bober
37 Turning Mill Road
Lexingt,on, MA 02420
RE: Location: 37 TurnIng Mill Road
Acc t #: 0300827800
Bill #: 926697
Dear Customer,
A request for, an abatement was presented to the Town of Lexington Water and Sewer
Abatement Board (W'SAB) on 3anuary 24, 2019. The Board will recommend to the Board
of Selectmen that the abatement below be made to your, account:
Abatement: -$3,,134.70
If you disagree with the Board's, recommendation,, you may exercise your right, to appear
before the Abatement Board at its next meeting to appeal its recommendation, If you
would like to appear before the Abatement Board,, please, contact me with'i"n 15
business, days from the date of this letter. If I do not hear from, you within this time
period,, it will be deemed that the recommended abatement is acceptable.
Upon approval by the Board of Selectmen, you will be notified of its action. At that time,
an adjustment in the amount of the abatement shown above Will be applied to your
account. Any penalty interest that may have, accrueld on, the bill in question will be
waived at that time.
If you would like more information regarding the basis upon which the Water and Sewer
Abatement Board's recommendation was made, please contact me at 781-274-8370.
Sincerely yours,
Elizabeth LeBlanc
Utility Manager
Water/Sewler Enterprise
gl ebla nic@lexi ngtonma,gov
/81-2,74-8370
Elizabeth LeBlanc
From, Elizabeth LeBlanc
Sent: Thursday, January 31, 2019 3:16 PM
To: 'JEFFBOBER@YAH,00.COM'
Subject: Appeal of 37 Turning, Mill all 20,18
Good afternoon,
This message is, to, confirm your request to appeal,' the, abatement decision of the WSAB. You will be
notified of our next scheduled meeting, which s,hiould take place in April, 2019.
Thank you,
Beth LeBlanc
Utility Billing Ma,na,ger
Town of Lexington
201 Bedford Street
Lexington, MA 02420
781-274-83710
a a and enrey
37 Turnmeg Mill Road, Lexington MA 02420
'hone.- 6 1 "-628- 699 Cell: 6 1 2925 �
July 21, 2019
s. Elizabeth LeBlanc
Utility Manager
Water/Sewer Division,
Samuel Ha 1 y Public Services Building
21 Bedford Street
Lexington, 2 30
R 1,
e. Water/Sewer Account 0300827800
o See my letter firom,December 13, 2018
See your letter from a 24, 2019
Last week we invited the technician. to open and check our ti* n, system. As we are very
concerned about the water bill, h was asked to check the entire system leas. He foundthe
irrigation, system to work perfectly without any leaks. Next,we ited the p1timber to check
for any leaks within the house, taking into consideration the especially high amount, of HCF
usage on your bill. Ille found all. pipes and systems within the house are working perfectly
without any leaks. He tested the ,met while all faucets were r g , d found that the water
meter is running too fast and does not reflect the actual wage of wat
e moved to our house on July 2015 and in talled .new iff igation system on August 2015. We
received from you, eight (8) bills With a total usage of 744 HCF and total charges of$12,42432.
we're a ly of three people (includi.n.g our eight year old daughter) and. after checking with,
other houses in, Lexingtonwe found the usage to, be vet very high. Our estimation from Jul
2015 should be over 400HCF lower.
As our equest for abatement is not clear 'ye we're asking you lease check: theex-isting
meter, install a new one and credit a the appropriate iat C . Our financial
situation is very tight, we pay all your invoices on,time, and of course we're aware that "water i
our most precious ras a )
S in,c r 1y,
��� Bober .
RED HED MANUFACTURING
Division of Everett J. Prescott
38 Albion Road
Lincoln, Rhode Island 02865
01-3 -1317
METER TEST DATA
TEST DATE 8—�14-19
CUSTOMER. �EJP MIDDLETON
METER FROM 37 TURNIN,G ALL LEXING TON
,MA.
REFERENCE #382
METER INFORMATION
SE 5705 663
SIZE ob 5/8
BRAND: SENSES S � .m e
CONIMENTS4
PASS RANGE: 9,8.5 .5%
TESTING DATA AWWA STANDARIDS
LOW FLOW INTERMEDIATE HIGH FLOW
FLOW
1/4 GoPsMo 2 GT*me 15 GP,M,
TEST %OF TEST %OF TEST %OF PASSNAIL
AMOUNT METER AMOUNT METER AMOUNT METER
ACCURACY ACCURACY
ACCURACY
..............
1 CF 0.0% 1 CF (�8!3.2rj % 10 CF 94.4%
NR
Signed Date
Elizabeth LeBlanc
From: Elizabeth LeBlanc
Sent: Thursday,, Auglust 15, 2019 2-053 PIVI
To: Elizalbeth LeBlanc
Subject: RE Lexington Water Sewer Abatement meeting
Atltachyments: D00081 519.pdf
Hello Jeff,
Your meter test results have just,come back. As you can see, the f'lows are registering under the acceptable operating,
range of 98.5%and 101.5%, This means that your meter was in fact slowing down over time in accuracy. Please let me
know if you have any questions,
Thank you,
Beth
Beth LeBlanc
Utility Billing Manager
Town of Lexington
201 Bedford Street
Lexington, MA G2420
78,1-274-8370
From: �Elizabeth LeBlanc
Sent: Tuesday,July 23, -403 AM
To: 'jeffbober' jeffbober@yah .,com>
Subject: RE: Lexington Water Sewer Abatement meeting
Hello Jeff,
We generally have meter results within a few weeks of the test" being requested; it will depend on how many tests are in
the queue at the testing facility, Wie do not reinstall meters once they have been taken out of service, In, my 15+years
in the industry, I have never seen a meter test come back showing the meter,is,over registering. M:eter's are simple
mechanical devices—wear and tear will actually cause them to slow down or under register,ster, which is why most utilities
have an ongoing meter replacement program,
Please let me know if you have any other questions,
Beth
F'rom:jeff bober [ma"ll,toJeff bober2ya hoo.com]
Sent: Tuesday,July 23,, 2019 7:05 AM
To: Elizabeth LeBlanc<eleb1an1c,2le,xingtonma.gov>
Subject: RE: Lexington Water Sewer Abatement meeting
141 Elizabeth,
"I"hank, You again for your patience with me and our situation. As after thoughts I had more questions for
you. How long after we swap out the meter will they get back, to us on the findings If hey find that the meter
is not faulty will, they say to put it back'? Best case scenario that they find it is faulty where do you see it going
frorn there?
'rhank you again for your help.
Jeff Bober,
Sent vi(a tile Saimffl lAruxy Note,R) 4. an, Al"&,"I"4G IA e
Original message offi""Wo"W""
From.- Elizabeth LeBlanc <eleblanc cLi)Iex*l�ng,to,n ma.gova
Date: 7/22/19 1:42 PM (EMT-05:00)
To.- Jeff l r' doff o,ber@yahoo.c,om>
Subject: RE: Lexington Wa,ter Sewer Abatement meeting
Hello,
I have only had one other person ask that a meter be tested—the Town paid for the test in that situation. I would
expect the Town would pick up the cost for you.
'Thank you,
Beth
Beth LeBlanc
�Utility Billing Manager
Town of Lexington
201 Bedford Street
Lexin I gton, MA 02420
781-274-8370
2
From:jeffbober [mailto:jeff bober@yah;,,00.com)
Sent: Monday,,July 2,2,, 20,19 1:12 PM
To: Elizabeth LeBlanc<eleblanc@lexinglp,.,nm,.a,.g,,o,v>
SubJect: RE: Lexington Water Sewer Abatement i�ng
Hi Elizabeth,
One question I forgot,to ask about the swap out af,the water meter at my, house, 37 Turning, Mill Rd, is who
covers the cost? Is the town paying f"Or
Jeff Bober
Sent is the Satilsong(jialaxy Notej 4. an AT&T 4(j" L.T� ll all pholle
-® Original message -----
Frorn: Elizabeth LeBlanc <ele'bl,a,ii.c(Di.l,,,,e,,x,,.'i',,,,ngtoiiin, >
Date,- 6/25/19 7:26 AM (GM" "-05:00)
To: 'i effbober' <1effbobgr�Q),yahoo.com>
Subjecty RE: Lexington Water Sewer Aba tern ien't meeting
Good morning,
We can table your case until our next meeting— I will email you whenthe next date has been set.
Enjoy your time away!
3
k
Beth
From:jeffbober [ma i Ito:Jeff b+ r@v hoo,,com]
Sent: Monday,June, 24,, 20,19 5:24 PM
To: Elizabeth LeBlanc<eleblanc2lexingtoma,80V>
Subject: RE: Lexington Water Sewer Abatement meeting
Good afternoon., I am on vacation In Colorado and will not be able to attend. I are also unable to, send any
additional information at this time because I am away.
What can I do Instead.9
Thank you,
Jeff Bober
Sent is the SaIlISLIlIg Galaxy Note 4, an A"I'&F 43 [,TE sniartphone
Original message ---------
From: Elizabeth LeBlanc <eleblanc, L)Iexl',.ngt,o,niiia.,gov>
Date: 6/24/'19 12:03 PM (Gm,r- 7.-OO)
To: "'JEFFBOl3ER@YAHOOXOM"' <J'EFFBOBER, YAHOO.COM>
Subject: Lexington 'Water Sewer Abatement meeting
Good afternoon,
I am writing to inform you that the next WSAB meeting has been schedule for Thor sday, June, 27"' beginning at
8 aim, We will convene in the 2,,d floor training room at 2,01 Bedford Street. You are welcome to attend in,
person, or forward additional materials for your abatement request 'in advance of the meeting to my attention.
Thank you,
4
Beth LeBlanc
Utility Billing Manager
Town of Lexington
201 Be ord Street
Lexington, MA 02420
781-274-8370
5
Elizabeth LeBlanc
To: JE,FFBOBER@YAHOO.COM
Subject; Lexington water account
Good afternoon,
Per our conversation earlier toddy,you currently have an open case with Water Sewer Abatement Board for your bill
number 926697 issued fall, 2018. Although there was a preliminary Judgement, you have asked to appear before WSAB
at their next available meeting appeal your case. We have not yet convened another WSAB meeting following the
date of your appeal. As this case is still considered under review, no adjustmenthas been made and interest and
penalties continue toaccrue. Upon resolution your case, interest and penalties will be warred, and any adjustment
will then be applied to your account.
Please 'ay,your current bill (94152,7) in the amount issued $1,090.30.
We will contact you as soon as a date for the next WSAB has been determined.
Thank you for your patience.
er X
Beth LeBlanc
ilI y Billing Manager
Town of Lexington
2 , Bedford Street
Lexington, MA 02420
781-274-8370
r ,
Elizabeth LeBlanc
From,: Elizabeth LeBlanc
Sent: Thursday, S,e ptembler 26, 2019 3-30 PI" I
Cc: 'Jeff Bober'; mayabober@gm il.com
Subject: RE: Appeal to Board of Selectmen of 37 Turning Mill Road
Any poteintial recalculation will be left to the BLS.. 'WSAB governing rules provid'ed the method applied to your original
calculationI am not authorized to alter the governing rules.
Thank you,
Beth
From:Yacov Levy [mailto:yl ltm'l.com)
,Sent: Thursday, September 26, 2019 3:28 PM
To: Elizabeth LeBlanc<eIeb,I&nc@Iex.Ingtonma.gov>
Cc: 'Jeff Bober'<jeff bober@yahoo.com>; m r@gmaii.com
Subject: RIE: Appeal to Board of Selectmen of 37 Turning Mill Road
And how about the ntial recalculation
F romm. Elizabeth LeBlanc [mailto:ele,blanc@lexington:ma.gov]
Sent,is. Thursday,, September 26, 2019 310,25 PM
To: 'Yacov Levy'
Cc: Jeff Bober; mayabober@gmail.com
Subject,., RE:, Appeal to Board of Selectmen of 37 Turning Mill Road
Good afternoon,'
Your case has been referred to the Board of Selectmen, per an earlier phone call request this afternoon. You should be
hearing from the Clerk for Selectmen's office in the next few days with an update on Your scheduled hearing.
Thank you,
Beth,
Beth LeBlanc
Utility Billing Manager
Town, of Lexington
201 Bedford Street
Lexington, MA 02420
781-274-8370
From: Yacov Levy [ 1ma"Ito�, MIXOMI
Sent: Thursday, September 26, 2019 3#-23 PM
To: Elizabeth LeBlanc<eleblanc@lex'ing,ton,,ma.gov>
Cc:Jeff Bober<,jeffboher al .com>; maya,bob,e,r,@gmail.com
Subject: Appeal to Board of Selectmen of 37 Turning, Mill Road
Ms. Beth LeBlanc
After,our WSAB meeting and based on our telephone conversation,this mornin�g, we've decided to appeal to the Board
of'S,ellectmen.
Your abatement of$3, 3 . " was based on only 70%of the excess usage and not the full 164 HCF. We would appreciate
if you'll recalculate the abatement based on 164 HCF, we are fully aware that the requested amount was not approved
yet by you h+ wever, it's very important for us to understand the nature of the arya ount difference.
Thanks---YACOV
Yacov Levy
221 East Emerson Road
Lexington, MA 02420
(781) 274-8271
Town of Lexington
Water and Sewer Abatement Board (WSAB)
Policies and Procedures
Water/Sewer Usage Charges
(As adopted by the WSAB on August 7,2008 and revised on November 20,2008 and modified on 815109 for review by
WSAB)
(As amended and adopted by the WSAB on...
Introduction
The Water and Sewer Abatement Board (WSAB) has three members serving
staggered three year terms appointed by the Board of Selectmen. The duties of
the Board include, but are not limited to, the receipt of applications from
ratepayers for abatement or adjustment of water/sewer charges due to disputes,
leaks or errors; and, the establishment of policies and procedures to guide the
Board in the determination of the amount of any adjustment or abatement of
charges. Such determinations are recommendations that must be submitted to
the Board of Selectmen for final approval. Policies, procedures and guidelines
developed by the WSAB shall be effective upon approval by the Board of
Selectmen. The Assistant Town Manager for Finance or his or her designee shall
serve as staff to the WSAB.
This document contains the Policies and Procedures of the Water and Sewer
Abatement Board. This document and the policies and procedures herein were
approved by the Board of Selectmen on
Background.
The Water and Sewer Division (WSD) is a division of the Department of Public
Works (DPW) under the Director of Public Works. The operations of the WSD
are managed by the Superintendent of Water and Sewer, and the billing is
managed by the Utility Enterprise Business Manager under the Assistant Town
Manager for Finance.
Water that is purchased by customers in Lexington from the WSD enters the
served facility through a meter, usually inside a building, that records the usage
in hundreds of cubic feet (hcf), which is an amount equal to 748 gallons. The
WSD reads the meter in the spring and the fall. Many meters are equipped with
a remote readout which can be accessed from outside the building; others
require the WSD to enter the building to make the reading. The WSD sends out
bills in the fall and spring. The town is divided into three sections (called cycles)
for meter reading and billing purposes. The reading and billing process takes
place for one cycle at a time, and takes several weeks for each cycle. The water
rates are set by the Board of Selectmen annually and are constructed in so-called
blocks or tiers, defined by successively higher usages within the billing period.
Water used in the first tier is charged at a lower rate per hcf than water used in
successive tiers.
If the customer uses town sewer for wastewater disposal then the semiannual
bills include a sewer charge in addition to a water charge. The sewer charge is
based on the water usage recorded by the water meter. This method of
charging for sewer assumes that all water that enters the building is disposed of
into the sewer. Many customers use irrigation systems for landscaping, and they
1
may request that the WSD install a second meter, at their own expense, to
record the usage of irrigation water. Since irrigation water does not enter the
sewer there is no sewer charge associated with this usage. Irrigation water is
charged at a flat rate (i.e., not by block or tier rates). The irrigation charge
appears on a separate water bill, and is maintained in a separate account in the
billing system.
Abatement Process
Any customer that does not agree with the usage or monetary charges on a bill
may file for an abatement or adjustment. Applications for abatement of water
and sewer charges can be obtained at the town's website http://Iexingtonma.gov
(click departments, then Water and Sewer, then Water & Sewer Charge
Abatements), or by contacting:
Utility Enterprise Business Manager
Samuel Hadley Public Services Building
201 Bedford Street
Lexington, MA 02420
781-274-8370
The deadline for submittal of an application for abatement is 30 days after the
issuance date of the bill in dispute, unless the customer has an excuse that is
found valid by the WSAB. The Water and Sewer Abatement Board will review
applications, assisted by the Director of Public Works, Superintendent of Water
and Sewer, Assistant Town Manager for Finance, and Utility Enterprise Business
Manager. The WSAB will meet approximately monthly at 201 Bedford Street.
The meetings of the WSAB are subject to the Open Meeting Law of the
Commonwealth of Massachusetts.
After hearing all the relevant facts provided by the Town staff, the WSAB will
make recommendations by majority vote for submittal to the Board of Selectmen
for final approval. It is estimated it will take approximately 12 weeks for an
application to be reviewed by the Abatement Board and approved by the Board
of Selectmen, depending on the meeting schedule of both Boards.
Prior to the WSAB submitting its determination to the Board of Selectmen,
applicants will be notified in writing of the determination of the WSAB.
Applicants may exercise their right to appear at the next meeting of the WSAB if
they disagree with its determination. An applicant must inform the Town of
his/her wish to appear before the WSAB within 15 business days of the date of
the written notification of the WSAB's determination. The appearance is an
opportunity for the customer to receive an explanation of the WSAB's
determination, or to present his/her case for the WSAB to modify its
recommendation. The WSAB may consult with the Town staff during this
meeting. The recommendation coming out of the meeting will be submitted to
the Board of Selectmen for final approval.
Overview of Abatement Board Guidelines
2
As stated in the Introduction, the Water and Sewer Abatement Board (WSAB)
may recommend abatements and adjustments on the basis of:
• leaks
• errors
• onetime only abatements for irrigation on a domestic meter
• disputes
Errors
Errors include, but are not limited to, usage estimates, incorrect meter
readings, bookkeeping mistakes, or computational mistakes.
Dispute
Disputes include, but are not limited to, disagreements on the timeliness,
sufficiency, and correctness or accuracy of communications and other
transactions between the WSD and the applicant regarding various matters.
In every case the WSAB will apply the facts to the guidelines to arrive at a
determination.
Application
The application must be filled out completely. An application will not be
considered unless all prior bills on the account are paid and a payment is made
on the bill in dispute in an amount equal to or greater than the bill issued for the
same period (i.e.., spring or fall) in the prior year. If an applicant does not have
a prior billing history, the Town will determine an amount based on the number
of occupants in the home during the period in dispute and industry averages of
usage per occupant; this amount which must be paid prior to the application
being considered cannot be challenged by the applicant, but may be adjusted or
abated after the application is considered.
An application for abatement will be rejected as incomplete if the application
form's "REASON(S) FOR WHICH AN ABATEMENT IS REQUESTED" is not filled out
in enough detail for the WSD and the WSAB to understand the basis for the
request. An application will be recommended against if the WSAB finds that it
does not meet the guidelines for abatements. Written notification of rejection,
recommendation against, or recommendation in favor will be sent to the
applicant. If the applicant disagrees with the determination, he/she may appear
at a subsequent meeting of the WSAB if they inform the Utility Enterprise
Business Manager of their desire to so appear within 15 business days of the
date of the written notification of the WSAB's determination. Applicants that
appear at such a meeting should be prepared to provide additional facts that
would augment the application and would tend to support a favorable
recommendation. Oral presentations will be more effective if accompanied by
brief handwritten or typed summaries and chronologies of the facts.
WSAB meetings are subject to the state's Open Meeting Law, and may be
attended by the public. The WSAB may accept oral or written input from the
3
applicant or other town residents during the initial meeting of the Board and at
subsequent meetings on the application. The Utility Enterprise Business Manager
is responsible for producing agendas, posting meetings and preparing minutes
for approval by the board in accordance with Open Meeting Laws.
General Discussion
The WSAB will make decisions based on the guidelines herein, as they may be
updated from time to time. Each application will be considered on its own set of
facts as applied to the guidelines. In so far as an application has similarities to
previous applications, the WSAB will attempt to make a recommendation that is
consistent with past decisions. Thus, the WSAB's interpretation of the guidelines
with respect to the current application may be informed by the decisions made in
past applications, as such decisions are recorded on the second page of the
application forms, or in other records of the WSAB.
Applicants often seek abatements for leaks. The WSAB considers that customers
should exercise regular due diligence to detect leaks. Promptly detected and
repaired minor leaks will usually not even result in sufficient charges to prompt
the customer to apply for abatement.
Small long term leaks can result in significant usage and charges. The WSAB will
hold the customer responsible for that usage, but may charge for the lost water
at a wholesale rate that recovers the town's cost to provide the water, if
evidence that the leak has been repaired in a timely manner is presented (such
as a plumber's bill, or parts invoice and a signed statement that the customer
made the repair). This also applies to leaks in irrigation systems.
The WSAB will determine the usage attributed to the leak, and in order to do so
might require the applicant to describe the history of the number of occupants
and the types of water usage activities that were engaged in during the period
for which the abatement is sought. For example, there might have been an
extended period of house guests, or a swimming pool might have been filled one
or more times, or a new lawn might have been installed.
Sewer charges will not be assessed if the WSAB determines that the leaked
water did not enter the sewer.
Discussion of Error
Charges made by error, such as incorrect readings, computational mistakes,
overestimates, etc, will be abated to the corrected amounts.
In the case of estimated billings, the WSD will make attempts to alert the
customer via notes on bills and mailed letters. It is the responsibility of the
customer to contact WSD to schedule a meter change to ensure accurate billing.
If it is necessary for WSD to estimate for several years an abatement for
redistribution of overestimates will only involve the most recent three years.
If, however, an account has been under billed for several years due to WSD
error, WSAB may only charge for one year.
4
Abatements for use of domestic meters to irrigate lawns
Abatements for the use of domestic meters to irrigate lawns shall be granted on
the following basis:
1. Upon inspection of the property by water department staff, there is visible
evidence of a new lawn, or the owner provides invoices that clearly
demonstrate that a new lawn was installed.
2. That the relief is for one billing period only and that no additional relief
shall be provided for future bills if domestic water is used to irrigate
lawns.
3. That the formula for calculating relief shall be on the following basis:
o As a general rule — for the purpose of determining normal domestic
use - an average usage shall be calculated from bills for each of the
prior 3 years for the same billing period as the one for which an
abatement application has been submitted. For example, if the bill
being contested is from the spring, 2017, the average shall be
based on the bills from the spring 2016, spring 2015 and spring
2014.
An average may be computed on some other basis if the Board
determines that circumstances render the general rule inapplicable.
In such a case, the Board shall identify another basis that will yield
a reasonable approximation of domestic use for the applicant's
accou nt.
o For the bill being contested it shall be assumed that the domestic
usage for that bill is the average derived from the calculation
described above. Thirty percent of the usage in excess of the
derived domestic usage shall be considered supplemental domestic
usage. The sum of the derived domestic usage and the
supplemental domestic usage shall be considered total domestic
usage against which shall be applied the water and sewer rates in
affect at the time the contested bill was issued.
o For the bill being contested, 70 percent of the usage in excess of
the derived domestic usage shall be considered water that irrigated
the lawn. This usage shall be charged solely at the irrigation rate
in affect at the time the contested bill was issued.
Below is an example of the methodology described above.
5
Usage being contested _(HCF) 150
(b) Derived domestic Usage: average from the prior 3 years 45
c _ Excess Usage 105
(d) 30% of excess usage 31.6
(e) [(1+1 ] total domestic usage to be billed for water and sewer 76.6
M 70% of excess usage to be billed at irrigation rate only 73.6
(g) total billed usage_ 150
An abatement application based on a concurrent leak and use of a
domestic meter for irrigation purposes: Methodology for calculating
adjustment
In the case where investigation of an application for abatement results in the
determination that an irrigation system is tied directly to a domestic meter for
the billing period in question and there is evidence of a concurrent leak during
that same billing period, an adjustment to the bill may be based on the following
methodology.
1. The irrigation-based adjustment shall be based on the existing methodology
for determining such an adjustment as adopted by the Water and Sewer
Abatement Board. The policy states the following.
o As a general rule — for the purpose of determining normal domestic
use - an average usage shall be calculated from bills for each of the
prior 3 years for the same billing period as the one for which an
abatement application has been submitted. For example, if the bill
being contested is from the spring, 2017, the average shall be
based on the bills from the spring 2016, spring 2015 and spring
2014.
An average may be computed on some other basis if the Board
determines that circumstances render the general rule inapplicable.
In such a case, the Board shall identify another basis that will yield
a reasonable approximation of domestic use for the applicant's
accou nt.
o For the bill being contested it shall be assumed that the domestic
usage for that bill is the average derived from the calculation
described above. Thirty percent of the usage in excess of the
derived domestic usage shall be considered supplemental domestic
usage. The sum of the derived domestic usage and the
supplemental domestic usage shall be considered total domestic
6
usage against which shall be applied the water and sewer rates in
affect at the time the contested bill was issued.
For the bill being contested, 70 percent of the usage in excess of
the derived domestic usage shall be considered water that irrigated
the lawn. This usage shall be charged solely at the irrigation rate
in affect at the time the contested bill was issued.
An example of the application of the policy is shown below.
(a) Usage being contested (HCF) 177
(b) Derived domestic usage: average from prior 3 years 77
( c ) [a-b] Excess usage 100
(d) 30% of excess usage 30
(e) [d+b] Total domestic usage to be billed for water and sewer 107
(f) 70% of excess usage to be billed at irrigation rate only 70
(g) [e+f] total billed usage 177
2. A leak adjustment shall be based on the following methodology.
a) The usage to be considered for a leak-based adjustment shall be the total
domestic usage to be billed for water and sewer determined per the
irrigation-based adjustment methodology shown above.
b) The water deemed to have been leaked will be charged at the wholesale
water/sewer rates if the leak entered the sewer or the wholesale water
only rate it the leak did not enter the sewer
c) If two leaks are repaired and one entered the sewer and the other did not
and there is no way to determine amounts, half of the water will be
recalculated with sewer and the other half without.
d)
Multi-unit Dwellings and Individually Owned Commercial
Condominiums
In the case of multi-unit dwellings and individually owned commercial
condominiums, if the Water Enterprise is aware of this status it will enter the
number of units on the Service Page of the account. This will cause Munis to
divide the number of units into the usage, calculate a per-unit charge, and
multiply that charge back by the number of units. It is up to the homeowner to
provide proof of multi-unit status. If it is discovered that the Water Enterprise
7
has not been giving multi-unit status where applicable, WSAB will recommend to
the Board of Selectmen a three year recalculation abatement.
Waiver of Interest
As a general rule, the recommendation of the WSAB to the Board of Selectmen
on an application for abatement shall include an implied recommendation to
waive accrued interest from the due date of the contested bill until 30 calendar
days after the date of written notification to applicant of the Selectmen's action.
Such rule does not preclude the WSAB from recommending in any particular case
that interest shall not be waived, but such recommendation must be stated
explicitly.
The transmittal of all WSAB recommendations to the Selectmen shall include the
following written statement that shall apply to all accounts included in the
transmittal.
It is the recommendation of the Water and Sewer Abatement
Board that Town Collector be authorized to waive interest that
has accrued on the bills included herein, unless stated here
otherwise, from the due date of the bill until 30 calendar days
after the date of written notification to applicant of the
Selectmen s action.
Discussion of Disputes
The WSAB cannot foresee a I I the possible kinds of issues that might arise
between the town and the customer. Guidelines will be developed as such cases
arise. Disputes might arise regarding timeliness and correctness of notifications
of changes of ownership, or service shutoff. Questions might arise over whether
the customer is connected to the town sewer. In such cases the WSAB will
weigh the conflicting evidence and serve as fact finder, subject to the approval of
the Board of Selectmen. The abatement, if any, will be in accordance with such
determinations.
8
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discuss Police Station Debt Exclusion
PRESENTER: ITEM
Doug Lucente Chair of Board of NUMBER:
Selectmen& Jim Malloy, Town
7
Manager
I'
SUMMARY:
This is a discussion about the process, timing and involvement of the Board and/or(whether a Committee is
formed) in getting information out to the public for the debt exclusion. At this time, there is not a request to set
a date, but it would be helpful if the Board would consider potential dates for the debt exclusion. Attached is a
primer on Proposition 2 1/2 ballot questions which specifically discussed debt exclusions, but also limitations
on the use of public funds to inform the public. A debt exclusion for a capital project is found under MGL
Ch. 59, Sec. 21C(k)which is described in the attachment with the specific ballot question verbiage required by
law.
SUGGESTED MOTION:
n/a- However as this moves forward, the Board will be asked to establish a date for a special election.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 9:00 pm
ATTACHMENTS:
Description Type
11R�
CAL SERVICES,DIM ION OF L10
MA D E PA, RTM E �N T OF REVENUE
0 1
Proposition 2Y�2 Ballot Quest'ions
uirements and Procedures
August 2017
Supp a Commonwealth of Communities
orting
www.mass.gov/DLS P.O.Box 9569 Boston,MA 02114-9569 (617)626-2300
Division of Local Services Municipal Finance Law Bureau
TABLE OF CONTENTS
PROPOSITION 2/2BALLOT QUESTIONS
REQUIREMENTS AND PROCEDURES
I. INTRODUCTION Page 1
II. TYPES OF BALLOT QUESTIONS 1
A. Overrides 1
B. Exclusions 1
1. Debt Exclusions 2
2. Capital Expenditure Exclusions 2
C. Underrides 2
III. ELECTION PROCEDURE 2
A. Placing Questions Before Voters 2
1. Overrides and Underrides 3
2. Exclusions 3
B. Election Procedure 3
C. Form of Questions 3
1. Statement of Purpose 3
a. Specificity of Purpose 4
b. Definition of Purpose 4
2. Other Information 5
D. Approval of Questions 5
E. Approval of Multiple Questions on Same Ballot 5
1. Overrides 5
a. Pyramid or Tier Overrides 5
b. Menu Overrides 6
C. Multi-year Overrides 6
2. Exclusions 6
F. Voter Information 6
G. Campaign Activities 7
H. Revocation of Questions 7
IV. RELATIONSHIP TO APPROPRIATIONS 7
A. Use of Additional Taxing Authority(Earmarking) 7
1. Overrides 8
a. General Overrides 8
b. Stabilization Fund Overrides 8
i
Division of Local Services Municipal Finance Law Bureau
2. Debt Exclusions 8
a. Total Exclusion 8
b. Annual Exclusion 9
3. Capital Expenditure Exclusions 9
B. Appropriation—Election Sequence 10
C. Contingent Appropriations 10
1. Statutory Requirements 10
2. Appropriation Types 11
V. ROLE OF DEPARTMENT OF REVENUE 11
APPENDICES
A Proposition 2V2 Ballot Question Forms 12
B Levy Limit Override Purposes 13
C Levy Limit Override Approaches 15
D Sequencing Options 20
E Sample Contingent Appropriation Motions 21
F Additional Resources and Contact Information 25
11
PROPOSITION 2 /2BALLOT QUESTIONS
REQUIREMENTS AND PROCEDURES
General Laws Chapter 59, 21C
I. INTRODUCTION
Proposition 2'/2limits the amount of revenue a city or town may raise from local property
taxes each year to fund municipal operations. This amount is known as the annual levy
limit. However, the law allows a city or town to increase tax revenues above that limit
with approval of voters at an election. It also requires a city or town to reduce its levy
limit as specified by the voters.
This summary explains the election procedure established by Proposition 2'/2 and the
different types of questions communities may ask voters to approve.
II. TYPES OF BALLOT QUESTIONS
Proposition 2'/Z establishes two types of voter approved increases in taxing authority. It
also allows voters to mandate a reduction in taxing authority.
A. OVERRIDES
A levy limit override increases the amount of property tax revenue a community may
raise in the year specified in the override question and in future years. It increases the
community's levy limit and becomes part of the base for calculating future years' levy
limits. The result is a permanent increase in taxing authority. G.L. c. 59 § 21C(g).
The purpose of the override is to provide funding for municipal expenses likely to recur
or continue into the future, such as annual operating and fixed costs, although it maybe
used for any municipal spending purpose.
The only limitation on the amount of the override is that the new levy limit, including the
override, cannot exceed the overall Proposition 2'/21evy ceiling of 2%2 percent of the
community's full and fair cash value.
B. EXCLUSIONS
An exclusion increases the amount of property tax revenue a community may raise for a
limited or temporary period of time in order to fund specific projects. The amount of an
exclusion maybe raised in addition to the community's levy limit. It does not increase the
community's levy limit nor become part of the base for calculating future years' levy
limits.
The exclusion maybe used to raise additional funds only for a capital purpose, which is
any purpose for which a city or town is authorized to borrow. See generally G.L. c. 44, §§
7 and 8. This includes most public building and public works projects, as well as land and
equipment acquisitions.
1
An exclusion may be used by a community to fund its own capital spending, or its
assessed share of capital spending by a regional school district or other regional
governmental unit of which it is a member, whether the spending is financed by
borrowing (debt exclusion) or within the annual budget (capital expenditure exclusion).
There is no limitation on the number or dollar amount of exclusions.
1. Debt Exclusions
If a capital project is being funded by debt, approval of a debt exclusion permits
the community to raise the amount of the annual debt service payment for that
project each year until the debt is retired. A debt exclusion may be presented to
the voters to exclude the debt service on the community's borrowings, or the
community's share of the debt service on a borrowing of a regional governmental
unit of which it is a member. G.L. c. 59, b 21 C(k). See Section IV-A-2 below.
Debt exclusion questions may be presented to and approved by the voters before
or after the related debt is authorized or issued. An exclusion approved after
repayment of the debt had begun applies prospectively, i.e., to the remaining debt
service payments owed on the obligation. A separate question may be presented
for each borrowing or multiple borrowings may be included within a single
question.
2. Capital Expenditure Exclusions
If the capital project is being funded by an appropriation, voter approval of a
capital expenditure exclusion question permits the community to raise the amount
of the project costs up to the amount stated in the question. This additional taxing
authority is available for just the one fiscal year specified in the question. G.L. c.
592 § 21 C(il/2). A separate question may be presented for each budgeted project or
multiple projects may be included within a single question.
C. UNDERRIDE S
A levy limit underride decreases the amount of property tax revenue a community may
raise in the year specified in the underride question and in future years. It decreases the
community's levy limit and becomes part of the base for calculating future years' levy
limits. The result is a permanent decrease in taxing authority. G.L. c. 59, § 21 C(W.
III. ELECTION PROCEDURE
A. PLACING QUESTIONS BEFORE VOTERS
Proposition 2V2 questions are placed on an election ballot by vote of the "local
appropriating body," which is defined in towns as the selectboard, not town meeting. In
towns without selectboards, a vote of the town council is required to present a question to
the electorate. In cities, a vote of the city council, with the mayor's approval where
required by law, is needed. G.L. c. 59, § 21 C(a).
2
This is the only way an override or exclusion question may be placed on the ballot. They
may not be placed on the ballot by a town meeting vote or any local initiative procedure
authorized by law. A local initiative procedure, however, may be used as an alternative
method of placing an underride question on the ballot.
The board or council must vote the question exactly as it will appear on the ballot.
1. Overrides and Underrides
A ma'orit vote of the board or council is needed to place an override or
underride question on the ballot. G.L. c. 59, § 21 C(g) and kW.
2. Exclusions
A 2/3 vote of the board or council is needed to place an exclusion question on the
ballot. G.L. c. 59, § 21 C(i1/2�, �and�.
B. ELECTION PROCEDURE
Proposition 21/2 questions may be placed on a regular or special municipal election ballot.
Questions may also be placed on the state biennial election ballot. However, those
questions must be submitted to the Secretary of State for certification by the first
Wednesday in August preceding the election. G.L. c. 59, § 21 C(i).
The usual laws and procedures relating to municipal elections apply. The municipal clerk
must receive written notice of the question being placed on the ballot at least 35 days
before the date of the election. G.L. c. 54, b 4�2C. The vote to place a question on the
ballot must take place in sufficient time to meet this advance notice requirement.
A city or town may present Proposition 21/2 questions to the voters as many times during
the year as it chooses. The only constraint on the interval between these elections is the
time needed to call and hold each election.
The Office of the Secretary of State is responsible for administering and enforcing
election laws. Specific questions about the application of these laws to Proposition 21/2
elections should be directed to the Elections Division of that office at 617-727-2828.
C. FORM OF QUESTIONS
Proposition 21/2 specifies the form of each type of ballot question. This exact language
must be used to properly place a question before the voters. The question forms are found
in Appendix A.
1. Statement of Purpose
All override and exclusion questions require a statement of the purpose or
purposes for which the monies from the tax "assessment" or debt "issue" will be
used.
3
a. Specificity of Purpose
The purpose must be described in a manner that enables voters to
determine the appropriation(s) or debt obligation(s) covered by the
question. The degree of specificity required to do this will depend on the
type of question.
(1) Overrides
Override questions are designed to increase the amount of revenue
generally available for appropriation. As a result, the spending
purpose in an override question may be broad in scope such as
general or departmental operating purposes. More specific
spending purposes may also be stated such as where a service will
be reduced or eliminated without the override. Examples of
acceptable spending purposes are found in Appendix B.
(2) Exclusions
Exclusion questions are designed to fund specific capital projects.
Therefore, the borrowing or spending purpose in an exclusion
question must describe the particular project(s) being funded by
the question.
b. Definition of Purpose
The purpose used in an override or exclusion question must be a spending
or borrowing purpose. This means a purpose for which a community's
appropriating body could vote to appropriate money or authorize debt. The
purpose cannot be used to provide voters with information on the impact
of an unsuccessful vote on the question or the underlying events or
circumstances that may cause budget difficulties. Nor may it be used to
promote or advocate for the override or exclusion.
For example, language that does not meet the definition of spending
purpose would be questions with the stated purpose of"restoring monies
lost due to local aid reductions" or "increasing free cash." These questions
do not state a spending purpose because communities do not appropriate
funds for these purposes.
In addition, language that explains the impact of voter action on the
question and is intended to promote the override or exclusion does not
meet the definition of spending purpose. For example, "preventing
substantial reductions in town services, programs and personnel and
further deferral of vital capital projects," "preventing a reduction in the
police department budget," "preventing the layoff of 4 police officers,"
"maintaining current municipal and educational services" or "restoring
school athletic programs" would be inappropriate. The question must
simply specify the personnel, services or programs for which the
additional funds will be used. Thus, appropriate purposes for the examples
above would be "funding the town's operating and capital expenses,"
4
"funding the police department operating budget," "funding the salaries of
4 police officers," "funding municipal and educational services," or
funding school athletic programs."
Finally, the spending purposes should not be characterized in a manner
intended to promote the question by including financial information
usually provided during the budget process. Examples would be "funding
uncontrollable increases in employee health insurance costs" or "funding a
28% increase in the town's regional school district assessment." The
question should just state the spending purpose: "funding employee health
insurance costs" or "funding the town's regional school district
assessment."
2. Other Information
Override and capital expenditure exclusion questions must also include the total
amount of additional taxing authority being requested and the fiscal year in which
it will be used. This information is not included in debt exclusion questions.
Any additional information about the requested amount, the services and
programs to be funded by the requested amount, and the impact the vote will have
on those services cannot be included in the question or on the ballot. That type of
information should be provided in the course of a balanced, comprehensive,
public information effort. Public information efforts undertaken by local officials
must be consistent with election and campaign finance laws. See Sections III-F
and G below.
D. APPROVAL OF QUESTIONS
A question is approved if a majority of the people voting on that question vote "yes."
E. APPROVAL OF MULTIPLE QUESTIONS ON SAME BALLOT
A community may place as many questions on a regular or special municipal election
ballot as it chooses. However, if the community decides to place questions on the state
biennial election ballot, it is limited to three questions. G.L. c. 59, § 21 C(i).
1. Overrides
a. Pyramid or Tier Overrides
A community may present a "pyramid" or"tier" override to the voters. A
pyramid override asks voters to determine which, if any, of two or more
funding levels they are willing to approve. A separate override question is
placed on the ballot for each funding level, with each question stating the
same purpose purposes. Tiered means that the purposes of a higher
funding level include purposes in addition to the purposes of all lower
funding levels. Any question is approved if a majority of the persons
voting on that question voted "yes." If more than one question is approved,
the question specifying the highest dollar amount governs. This rule also
applies where the questions are presented as alternative proposals to the
voters.
5
The Elections Division of the Secretary of State's Office advises
communities presenting pyramid or tier overrides to include voting
instructions on the ballot. The following language is recommended:
Questions 1 a, I and 1 c are separate questions. You may vote for or
against each question independently. Each question requires a
majority of those voting on that question to pass. If more than one
question passes, the question with the highest dollar amount will
prevail.
b. "Menu" Overrides
A community may place several override questions each of which will
fund different services or programs on the same ballot. If voters approve
more than one override question stating different purposes, the
community's levy limit may be increased by the total of the amounts
specified in all approved questions.
C. Multi-year Overrides
A community may seek voter approval of an override for more than one
year. To do so, a separate question must be placed on the ballot for each
fiscal year in which the additional levy capacity being requested will be
used. The amounts and purposes in the question may be the same or
different.
Appendix C provides examples of single, multi-year, pyramid, tier and menu
override approaches.
2. Exclusions
A community may place several exclusion questions for different capital projects
or groups of capital projects on the same ballot. The community may raise the
additional amounts excluded by each question approved by the voters.
F. VOTER INFORMATION
Local officials may not publish and provide voter information materials at public
expense, including a summary of the impact a"yes" or"no"vote will have on local
services, unless specifically authorized by statute. See G.L. c. 53, E (local acceptance
required) and the following special acts that authorize certain officials to prepare and
distribute voter information on municipal elections: St. 1987, c. 274 (Newton Election
Commission), St. 1989, c. 630 (Cambridge Election Commission), St. 1996, c. 180
(Sudbury Selectboard), St, 1998, c. 89 (Burlington Selectboard), St. 2002, c. 238
(Dedham Selectboard), St. 2004, c. 149, §§ 285-288 (Lancaster Selectboard), St. 2006, c.
404 (Yarmouth Selectboard) and St. 2006, c. 427 (Shrewsbury Selectboard).
Questions about voter information or ballot content should be directed to the Elections
Division of the Office of the Secretary of State at 617-727-2828.
6
G. CAMPAIGN ACTIVITIES
General Laws Chapter 55 governs the raising and spending of money for ballot questions
as well as political candidates. The law also regulates the conduct of public officials and
employees undertaking campaign finance activities.
In general, the law regulates conduct not speech. Thus, while local officials can take a
position on an override or exclusion question and speak in favor of or in opposition to it,
they cannot spend public funds or use public resources, such as personnel, supplies and
facilities, to promote or oppose the question.Anderson v. City of Boston, 376 Mass. 178
(1978). Public employees may work on an override or exclusion campaign on a volunteer
basis, on their own time, in any capacity other than fundraising. They may also make
personal contributions to political committees established for the purpose of promoting or
opposing the ballot question.
The Office of Campaign and Political Finance (OCPF) is responsible for administering
and enforcing campaign finance laws. Its website includes materials that provide
guidance about the application of these laws to the conduct of local officials and
employees in Proposition 21/2 elections. See, for example, Interpretative Bulletins 91-01,
The Use of Governmental Resources for Political Purposes, and 92-02,Activities of
e e
Public Officials in Support of or Opposition to Ballot Questions. Specific questions
should be directed to OCPF at 617-727-83 52.
H. REVOCATION OF QUESTIONS
Proposition 21/2 does not provide for the revocation or rescission of an approved question.
An override can be negated, however, by voter approval of an underride. An exclusion
can be negated by not funding the related borrowing or appropriation.
IV. RELATIONSHIP TO APPROPRIATIONS
Proposition 21/2 establishes a limit on the annual property tax levy and approval of an
override or exclusion question only increases the amount a community may raise in taxes.
It does not authorize or require spending for the purpose of the question.
Similarly, an underride only decreases the amount a community may raise in taxes. The
legal power to make spending decisions is still vested in the community's appropriating
body (town meeting/town council/city council).
A. USE OF ADDITIONAL TAXING AUTHORITY (EARMARKING)
Approval of an override or exclusion question establishes the maximum amount of
additional taxing authority available to the community. The spending decisions made by
the community's appropriating body determine if any or all of this additional taxing
authority is actually used. Thus, while the additional dollars are still part of the
community's general unrestricted revenues (levy) and are not a separate financing source
for the purpose of making appropriations, those dollars are considered "earmarked"
because they cannot be raised in the tax levy unless the community appropriates them for
the purpose stated in the question.
7
1. Overrides
a. General Overrides
A community's levy limit is increased by the amount stated in an override
for any purpose except for a stabilization fund so long as all appropriations
made for the stated spending purpose and fiscal year equal or exceed that
amount, i.e., the first dollars appropriated for that spending purpose are
deemed to come from the override. If total appropriations for the year are
less than the stated amount, then the community may only increase its levy
limit by the amount actually appropriated.
The additional funds raised by the override are "earmarked" for the stated
spending purpose o in the first fiscal year.
b. Stabilization Fund Overrides
The additional funds raised by an override to fund a stabilization fund are
earmarked for that purpose in the first fiscal year and in subsequent fiscal
years upon appropriation. Any change in the purpose for which the
additional levy capacity may be used in future years must be approved by
a majority of voters at an election. See Informational Guideline Release
(IGR)No. 17-20, Stabilization Funds (July).
In the first year, town meeting, town council or city council makes an
appropriation into the fund of any amount up to the amount stated in the
override. The community's levy limit is increased by the amount stated, or
amount appropriated if less.
In subsequent years, the community's levy limit is increased only where
the additional levy capacity is "appropriated" by a 2/3 vote of the
selectmen, town council or city council, with the mayor's approval if
required by law, for the same stabilization fund purpose. If"appropriated,"
the assessors raise the amount in the tax rate.
2. Debt Exclusions
a. Total Exclusion
A debt exclusion covers debt service on the amount of borrowing
authorized or contemplated for the stated purpose at the time of the
election. Debt service includes payments of principal on permanent debt
and interest on permanent and temporary debt.
The debt service on any additional borrowing above the amount fixed at
the time of election is not covered unless (1) it is a modest amount
attributable to inflation, new regulatory requirements or minor project
changes, or (2) another debt exclusion is approved by the voters. See
Section I of IGR No. 02-101, Proposition 2% Debt Exclusions (March).
8
Any premiums received on the debt issue must be offset against the stated
interest cost when calculating the debt exclusion so that it reflects the true
interest cost incurred to finance the project. G.L. c. 44, § 20. The manner
in which a premium adjustment is made depends on when the bonds or
notes were sold. See Section I of IGR No. 17-22,Premiums and Surplus
Proceedsefor Proposition 2%Excluded Debt(August) for an explanation
of when and how a premium adjustment is made.
If the project has been completed, abandoned or discontinued, there may
be unspent surplus debt excluded proceeds. G.L. c. 44, § 20. If there are
unspent surplus proceeds when the project is completed, abandoned or
discontinued, the debt exclusion for that project must be reduced
proportionately unless the surplus proceeds are appropriated for another
debt excluded project. See Section II of IGR No. 17-22, for an explanation
of when and how this reduction is made.
b. Annual Exclusion
The additional taxing authority available to a community each fiscal
until the debt covered by the exclusion is retired is the total principal and
interest payment due net of any reimbursement received from the state or
federal government for the project. This amount represents the
community's share of the proj ect's debt service for that year. If user fees,
betterments or other local revenues are being used to fund all or part of the
debt service, a community may exclude the principal and interest net of
the local revenue, but it is not required to do so.
If an additional borrowing for the project is not covered by the exclusion,
the additional taxing authority for each year is calculated by applying the
percentage the borrowing amount fixed at the time of the election bears to
the total debt issued for the project.
The annual exclusion amount may be adjusted from year to year in order
to moderate the impact on taxpayers, provided that (1) in any year in
which the exclusion raised is more than the actual local share of the debt
service due for that year, the accounting officer reserves the excess for
appropriation to pay debt service costs for future years, and (2) the total
amount excluded during the adjusted schedule does not exceed the amount
that would be excluded otherwise. See Section II of IGR No. 02-101.
3. Capital Expenditure Exclusions
A community may use all of the additional taxing authority provided by an
approved capital expenditure exclusion question so long as the amount
appropriated for the specified capital project for the fiscal year, net of any
reimbursement received from the state or federal government for the project,
equals or exceeds the amount stated in the question. This amount represents the
community's share of the project cost for that year. If the community's share is
less than the amount stated in the question, then the community may only increase
its taxing authority by its share. If user fees, betterments or other local revenues
are being used to fund all or part of the project, a community may net out the local
revenue, but it is not required to do so.
9
B. APPROPRIATION - ELECTION SEQUENCE
A community should adopt a budget process that will result in a balanced budget by July
L but in any event it must have a balanced budget within the limits of Proposition 21/2 by
the time it sets a tax rate for the year. It may establish its expenditure and revenue
budgets in any order it chooses. It could first seek voter approval of an override or
exclusion question and then make appropriations for the year within a fixed revenue
estimate. Alternatively, the community could choose to first adopt its expenditure budget
and if that budget requires additional revenue to fully fund it, then seek voter approval of
an override or exclusion question. If the question is successful, the budget will be
balanced and a tax rate may be set without further action. If the question is not successful,
then the community will have to reduce appropriations and/or increase non-tax revenues
in order to establish a balanced budget and set a tax rate. The chart in Appendix D
summarizes the sequencing options explained in this section and Section IV-C below.
C. CONTINGENT APPROPRIATIONS
A third budgeting approach available only to towns with town meetings is to adopt a
balanced budget and then appropriate additional amounts to supplement that budget
expressly contingent on the subsequent approval of an override or exclusion question.
G.L. c. 59, e 21 C(m).
A contingent appropriation vote does not place a question on the ballot. The decision
whether or not to present any Proposition 21/2 question to the voters is still made by the
selectboard. See Section III-A above. It may choose not to present a question for any or
all contingent appropriations made by town meeting. It may also place a question on the
ballot for less than the contingent appropriation, which if approved, makes the
appropriation effective to the extent of the amount stated in the question.
1. Statutory Requirements
Contingent appropriations may be made from the tax levy, available funds or
borrowing and are subject to the following statutory requirements:
• A contingent appropriation is not effective until the override or exclusion
question is approved. This means that until the question is approved, a town
cannot spend from the contingent appropriation.
• The statement of spending purpose in the override or exclusion question must
be substantially the same purpose as the contingent appropriation. This means
the question need not be worded in exactly the same way as the appropriation.
However, it must describe the purpose in a sufficiently similar manner that the
voters can identify the particular appropriation the question is intended to
fund. In the case of operating appropriations, this may mean the selectboard
does not have as much flexibility in describing the specific positions,
programs or services the question is intended to fund. See Section III-C-1-a
above. In addition, each contingent appropriation need not be the subject of a
separate question. The selectboard retains the power to decide the content of
all questions and may include several contingent appropriations within a
single override or exclusion question. In that case, the question must state the
purpose of each appropriation it is intended to fund.
10
• The deadline for obtaining voter approval of override or exclusion questions
for contingent appropriations made at an annual town meeting is September
15. More than one election may be held, but the contingent appropriation is
null and void if the related question is not approved by September 15.
• The deadline for obtaining voter approval of override or exclusion questions
for contingent appropriations made at any other town meeting is 90 days after
the close of the town meeting at which the contingent appropriation vote was
taken. More than one election may be held, but the contingent appropriation is
null and void if the related question is not approved by the end of the 90 day
period.
• If the contingent appropriation was made from the tax levy, the tax rate cannot
be submitted to the Department of Revenue for approval until the override or
exclusion question has been voted upon, or the applicable deadline for holding
an election has passed, whichever occurs first.
2. Appropriation T
Town meeting may make any appropriation contingent on a Proposition 21/2 ballot
question even if"contingency" language was not included in the warrant article
under which the vote was taken. Any language in the vote that indicates the
appropriation is subject to the approval of a Proposition 21/2 question is sufficient.
Contingent appropriations may be used for appropriations for operating budgets,
capital projects and regional school assessments. Towns often approve a regional
school debt issue contingent on passage of a debt exclusion, but no appropriation
is being voted at that time as required by G.L. c. 59, §21 C(m). While most
regional school committees treat contingent debt approvals coupled with an
unsuccessful election within 60 days of the date the committee authorized the debt
as a disapproval for purposes of G.L. c. 71, 16(d), bond counsel should be
consulted regarding these votes.
Appendix E provides examples of articles and motions that may be used for
contingent appropriations for operating budgets, capital projects and regional
school assessments.
V. ROLE OF DEPARTMENT OF REVENUE
The Division of Local Services (DLS) in the Department of Revenue has general
supervisory authority over local property tax administration and financial practices. It
issues guidelines to assist local financial officials in the performance of their duties,
renders legal opinions on local tax and finance issues, conducts training programs and
approves revaluations and tax rates. DLS is also responsible under Proposition 21/2 for
calculating a community's levy limit and for ensuring that a community does not set a tax
rate that results in a tax levy exceeding the amount allowed by the law. G.L. c. 59, § 21 D.
Appendix F contains additional DLS resources about Proposition 21/2 and DLS contact
information(address, telephone number and website).
11
Appendix A
PROPOSITION 2/2BALLOT QUESTION FORMS
The form of each type of Proposition 2'/z question is prescribed by G.L. c. 59, , 2�1C. To properly
present a question to the voters, the following statutory language must be used:
Levy Limit Override (G.L. c. 59, � 21C(g)):
Shall the (city/town) of be allowed to assess an additional $
in real estate and personal property taxes for the purposes of(state the purpose(s) for which the
monies from this assessment will be used) for the fiscal year beginning July first
Yes No
Lew Limit Underride (G.L. c. 59, & 21C(h)):
Shall the (city/town) of be required to reduce the amount of real estate and
personal property taxes to be assessed for the fiscal year beginning July first by an amount
equal to $ ?
Yes No
Capital Expenditure Exclusion (G.L. c. 59, & 21C(il/2)):
Shall the (city/town) of be allowed to assess an additional $
in real estate and personal property taxes for the purposes of(state the purpose(s) for which the
monies from this assessment will be used) for the fiscal year beginning July first
Yes No
Debt Exclusion (G.L. c. 59, & 21C(k)):
Shall the (city/town) of be allowed to exempt from the provisions of
proposition two and one-half, so-called, the amounts required to pay for the bond issued in order
to (state the purpose or purposes for which the monies from the local issue will be used)?
Yes No
12
Appendix B
LEVY LIMIT OVERRIDE PURPOSES
Voter approval of a levy limit override under G.L. c. 59, § 21C(g) increases the amount of
revenue a community may raise from the property tax on a permanent basis. An override is
designed to provide a community with the ability to generate sufficient revenues to fund costs that
are likely to continue into the future, such as annual operating and fixed expenses, although it
maybe used to provide funds for any valid municipal spending purpose.
All override questions require a statement of the purpose or purposes for which the additional
monies will be used. The purpose used in the question must be a spending purpose. This means a
purpose for which a community's appropriating body could vote to appropriate money. The
spending purpose maybe broad in scope, such as general or departmental operating purposes, or
maybe stated as a specific program or service.
If the override is to fund personnel costs and other expenses normally appropriated as part of
departmental operating budgets, the spending purpose may be broadly stated as in the following
examples:
• Funding the Town's operating budget.
• Funding operating expenses and capital expenditures.
• Providing for the general administrative cost of operating the schools,police department,
fire department and other town departments.
• Funding the operating budget of the Public Schools and the Municipal Government.
• Defraying school operating expenses.
• Funding the Town's Regional School District assessment.
Specific positions, programs and services ordinarily funded within an appropriation for a
municipal department or regional governmental unit may be the subject of an override question
when the additional funds will be used to prevent the reduction or elimination of those services or
to permit their commencement or expansion. For example, if two firefighter positions within the
fire department operating budget were being eliminated, an override for the purpose of"funding
two firefighter positions" would be acceptable.
A more specific spending purpose may also be used if the override is to fund a particular purpose
or program that is the subject of a separate line item or special article appropriation as in the
following examples:
• Defraying the costs of retirement contributions and health, life and unemployment insurance
premiums.
13
• Funding the contractual costs of trash collection and disposal.
• Funding the Stabilization Fund.
While local officials have flexibility in describing the purposes of an override generally, less
flexibility exists in describing the purposes of an override where it is being presented to fund one
or more contingent appropriations because the spending purpose in the question must state
substantially the same spending purpose(s) as the appropriation(s). Therefore, if, for example, an
additional appropriation is made for the municipal school department operating budget or regional
school district annual assessment contingent on an override, local officials would be limited to
using "funding school operating expenses," "funding the Yourtown regional school district
assessment" or similar language to describe the purpose of the override. They could not be as
specific about the positions, programs or services that the school committee intends to eliminate
from the budget if the override is unsuccessful as they might be if a contingent appropriation had
not been used.
Moreover, local officials cannot use the question to provide voters with information on the
underlying events or circumstances that are causing budget difficulties or to promote or otherwise
advocate for the question. For example, "preventing the layoff of 4 firefighters" would be
inappropriate because it explains the impact of voter action on the question and is intended to
advocate for the override. The question should simply state the personnel, services or programs
the additional amounts will be used to fund, which in this case would be "funding 4 firefighter
positions."
Other examples of purposes in override questions that include advocacy language or would
otherwise be inappropriate because they do not state spending purposes are the following:
• Restoring monies lost due to local aid reductions.
• Funding uncontrollable increases in employee health insurance costs.
• Preventing substantial reductions in public safety, education and other municipal services.
• Maintaining an adequate level of municipal services.
• Funding current positions.
• Restoring school athletic programs.
14
Appendix C
LEVY LIMIT OVERRIDE APPROACHES
I. SINGLE QUESTION OVERRIDE
Presents voters with a single choice of additional funding for general or specific spending
purposes. The following are examples of single question overrides:
Example 1. General Purposes
Shall the Town of Yourtown be allowed to assess an additional $2,000,000 in real estate
and personal property taxes for the purposes of funding the operating budgets of the Town
and the Public Schools for the fiscal year beginning July 1, ?
Example 2. General Catetories
Shall the Town of Yourtown be allowed to assess an additional $2,000,000 in real estate
and personal property taxes for the purposes of funding local and regional school, public
safety, library, highway, parks and recreation and general government expenses for the
fiscal year beginning July 1, ?
Example 3. Multiple Departmental Purposes with Allocation
Shall the Town of Yourtown be allowed to assess an additional $2,000,000 in real estate
and personal property taxes for the purposes of funding the following departmental
expenses: School Department($750,000), Police Department ($250,000), Fire Department
($250,000)., Public Works Department($250,000), Public Library($250,000), Parks and
Recreation Department ($150,000.), Council on Aging($25,000) and Financial Offices,
including Assessors, Collector-Treasurer, Accountant, ($75, for the fiscal year
beginning July 1,
Example 4. Sinsle Departmental Budtet
Shall the Town of Yourtown be allowed to assess an additional $200,000 in real estate and
personal property taxes for the purposes of funding the Fire Department for the fiscal year
beginning July 1,
Example 5. Specific Positions/Programs/Services
Shall the Town of Yourtown be allowed to assess an additional $200,000 in real estate and
personal property taxes for the purposes of funding four full-time firefighter positions for
the fiscal year beginning July 1, ?
15
II. MULTIPLE QUESTION OVERRIDES
Presents voters with multiple choices of additional funding for general or specific spending
purposes. There are three multiple question approaches: "menu, "multi-year" and
"Pyramid" or"tier" overrides.
A. "MENU" OVERRIDE
The "menu" approach presents two or more questions each of which will fund different
services or programs. Each question stands on its own merits. Therefore, if the voters
approve more than one question, the community's levy limit is increased by the total of the
amounts specified in all approved questions.
The following is an example of a "menu" override:
Shall the Town of Yourtown be allowed to assess an additional $1,000,000 in real
estate and personal property taxes for the purposes of funding the Yourtown Public
and Yourtown Valley Regional High Schools for the fiscal year beginning July 1,
Shall the Town of Yourtown be allowed to assess an additional $250,000 in real estate
and personal property taxes for the purposes of funding the Fire Department for the
fiscal year beginning July 1,
Shall the Town of Yourtown be allowed to assess an additional $250,000 in real estate
and personal property taxes for the purposes of funding the Police Department for the
fiscal year beginning July 1,
Shall the Town of Yourtown be allowed to assess an additional $100,000 in real estate
and personal property taxes for the purposes of funding the Public Library for the
fiscal year beginning July 1,
B. MULTI-YEAR OVERRIDE
The multi-year approach present two or more questions each of which applies to a different
fiscal year. The amounts and purposes need not be the same. Each question stands on its
own merits. Therefore, if the voters approve more than one question, the community's levy
limit will be increased in the fiscal year specified in each approved question by the amount
in the question.
The following is an example of a "multi-year" override
IA Shall the Town of Yourtown be allowed to assess an additional $1,000,000 in real
estate and personal property taxes for the purposes of operating the Municipal
Government and Public Schools for the fiscal year beginning July 1, 0001?
1 B Shall the Town of Yourtown be allowed to assess an additional $500,000 in real estate
and personal property taxes for the purposes of operating the Municipal Government
and Public Schools for the fiscal year beginning July 1, 0002?
16
C. "PYRAMID" OR"TIER" OVERRIDE
The "pyramid" or"tier" approach provides voters with a choice of two or more different
funding levels for general spending purposes or for specific services or programs. A
separate question is presented for each funding level. The funding levels are presented as
alternative, not independent, proposals, which means a higher funding level proposed in a
question also includes all lower ones. Therefore, if the voters approve more than one
question, the approved question stating the highest dollar amount prevails and the
community's levy limit is increased by that amount.
The following are examples of"pyramid" or"tier" overrides:
Example 1. General Purpose
IA Shall the Town of Yourtown be allowed to assess an additional $1,000,000 in real
estate and personal property taxes for the purposes of operating the Municipal
Government and Public Schools for the fiscal year beginning July 1,
1 B Shall the Town of Yourtown be allowed to assess an additional $500,000 in real estate
and personal property taxes for the purposes of operating the Municipal Government
and Public Schools for the fiscal year beginning July 1,
IC Shall the Town of Yourtown be allowed to assess an additional $250,000 in real estate
and personal property taxes for the purposes of operating the Municipal Government
and Public Schools for the fiscal year beginning July 1,
Example 2. Multiple Purposes with Allocation
IA Shall the Town of Yourtown be allowed to assess an additional $1,000,000 in real
estate and personal property taxes for the purposes of funding the school ($500,000),
police ($250,000) and fire ($250,000) departments for the fiscal year beginning July 1,
1 B Shall the Town of Yourtown be allowed to assess an additional $500,000 in real estate
and personal property taxes for the purposes of funding the school ($250,000), police
($125,000.) and fire ($125,000) departments for the fiscal year beginning July 1, ?
IC Shall the Town of Yourtown be allowed to assess an additional $250,000 in real estate
and personal property taxes for the purposes of funding the school ($125,000), police
($62,500) and fire ($62,500) departments for the fiscal year beginning July 1, ?
Example 3. Multiple "Pyramids"
IA Shall the Town of Yourtown be allowed to assess an additional $500,000 in real
estate and personal property taxes for the purposes of operating the Yourtown Public
Schools for the fiscal year beginning July 1,
17
I B Shall the Town of Yourtown be allowed to assess an additional $250,000 in real
estate and personal property taxes for the purposes of operating the Yourtown Public
Schools for the fiscal year beginning July 1, ?
IC Shall the Town of Yourtown be allowed to assess an additional $125,000 in real
estate and personal property taxes for the purposes of operating the Yourtown Public
Schools for the fiscal year beginning July 1, ?
2A Shall the Town of Yourtown be allowed to assess an additional $300,000 in real
estate and personal property taxes for the purposes of operating the Police
Department for the fiscal year beginning July 1, ?
2B Shall the Town of Yourtown be allowed to assess an additional $200,000 in real
estate and personal property taxes for the purposes of operating the Police
Department for the fiscal year beginning July 1, ?
2C Shall the Town of Yourtown be allowed to assess an additional $100,000 in real
estate and personal property taxes for the purposes of operating the Police
Department for the fiscal year beginning July 1,
Example 4. Specific Positions/Programs
IA Shall the Town of Yourtown be allowed to assess an additional $400,000 in real
estate and personal property taxes for the purposes of funding 8 firefighter positions
for the fiscal year beginning July 1,
1 B Shall the Town of Yourtown be allowed to assess an additional $200,000 in real
estate and personal property taxes for the purposes of funding 4 firefighter._ positions
for the fiscal year beginning July 1, ?
IC Shall the Town of Yourtown be allowed to assess an additional $100,000 in real
estate and personal property taxes for the purposes of funding 2 firefighter positions
for the fiscal year beginning July 1, ?
Example 5. "Tiered" Pyramid
IA Shall the Town of Yourtown be allowed to assess an additional $2,000,000 in real
estate and personal property taxes for the purposes of operating the Yourtown Public
Schools and to fund instructional staff(8 positions), textbooks, technology support
(including 1 position) and equipment for Yourtown High School and to fund
instructional staff(14 positions), textbooks and technology support and equipment for
the other schools for the fiscal year beginning July 1, ?
1 B Shall the Town of Yourtown be allowed to assess an additional $1,000,000 in real
estate and personal property taxes for the purposes of operating the Yourtown Public
Schools and to fund instructional staff(8 positions), textbooks, technology support
(including 1 position) and equipment for Yourtown High School for the fiscal year
beginning July 1, ?
18
IC Shall the Town of Yourtown be allowed to assess an additional $500,000 in real
estate and personal property taxes for the purposes of operating the Yourtown Public
Schools for the fiscal year beginning July 1, ?
19
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Appendix E
EXAMPLES
CONTINGENT APPROPRIATION ARTICLES AND MOTIONS
OMNIBUS BUDGET ARTICLES
APPROACH 1: SINGLE MOTION FOR CONTINGENT AND NON-CONTINGENT AMOUNTS
ARTICLE : TO ACT ON THE REPORT OF THE FINANCE COMMITTEE ON THE FISCAL YEAR
BUDGET AND TO RAISE AND APPROPRIATE OR TRANSFER FROM AVAILABLE FUNDS
MONEY FOR THE OPERATION OF THE TOWN'S DEPARTMENTS AND THE PAYMENT OF DEBT
SERVICE AND ALL OTHER NECESSARY AND PROPER EXPENSES FOR THE YEAR, OR TAKE ANY
OTHER ACTION RELATIVE THERETO.
MOTION: I move that the town vote to raise and appropriate or transfer from available funds the amounts
recommended by the Finance Committee for departmental operating purposes, debt service and other town
expenses in fiscal year ,with each item to be considered a separate appropriation and the amounts shown
in the column captioned"Contingent Appropriations" to be appropriated contingent upon passage of a
Proposition 21/2 ballot question under General Laws Chapter 59, § 21 C.
PROPOSED FISCAL YEAR BUDGET
THE FINANCE COMMITTEE RECOMMENDS THAT THE AMOUNTS SHOWN IN THE COLUMN
CAPTIONED "NON-CONTINGENT APPROPRIATIONS" BE APPROPRIATED FROM THE TAX LEVY,
UNLESS OTHERWISE SPECIFIED, FOR FISCAL YEAR DEPARTMENTAL OPERATING
PURPOSES, DEBT SERVICE AND OTHER TOWN EXPENSES,AND THAT THE AMOUNTS SHOWN
IN THE COLUMN CAPTIONED "CONTINGENT APPROPRIATIONS" BE APPROPRIATED FROM THE
TAX LEVY CONTINGENT UPON THE PASSAGE OF A PROPOSITION 21/2 BALLOT QUESTION
UNDER GENERAL LAWS CHAPTER 59, § 21 C.
NON-CONTINGENT CONTINGENT
PURPOSE APPROPRIATIONS APPROPRIATIONS
Selectmen's Office
Salaries $ 451000 $ 6,000
Expenses 181000 400
School Department 218001000 300,000
Town Planner
Salary 0 3500
Expenses 0 121000
Cemetery Commission
Salaries 800
Expenses 101000
(Includes$8,000 transfer
from Sale of Lots Fund)
TOTAL $ 810001000 $ 8901000
21
APPROACH 2: SEPARATE MOTIONS FOR CONTINGENT AND NON-CONTINGENT
AMOUNTS
MOTION: I move that the town vote to raise and appropriate or transfer from available funds the amounts
recommended by the Finance Committee for departmental operating purposes, debt service and other town
expenses in fiscal year ,with each item to be considered a separate appropriation.
PROPOSED FISCAL YEAR BUDGET
THE FINANCE COMMITTEE RECOMMENDS THAT THE FOLLOWING AMOUNTS BE
APPROPRIATED FROM THE TAX LEVY,UNLESS OTHERWISE SPECIFIED, FOR FISCAL YEAR
DEPARTMENTAL OPERATING PURPOSES, DEBT SERVICE AND OTHER TOWN EXPENSES:
PURPOSE RECOMMENDED
Selectboard's Office
Salaries $ 4500
Expenses 1800
School Department 20000
Town Planner
Salary 0
Expenses 0
Cemetery Commission
Salaries 81000
Expenses 1000
(Includes $8,000 transfer
from Sale of Lots Fund)
so@ 0 0 a
TOTAL $ 8,0009000
MOTION: I move that the town vote to raise and appropriate any additional amounts recommended by the
Finance Committee for the departmental operating purposes and other town expenses in fiscal year ,
contingent upon passage of a Proposition 21/2 ballot question under General Laws Chapter 59, § 21 C.
PROPOSED FISCAL YEAR CONTINGENT BUDGET
THE FINANCE COMMITTEE RECOMMENDS THAT THE FOLLOWING AMOUNTS BE
APPROPRIATED FROM THE TAX LEVY FOR FISCAL YEAR DEPARTMENTAL OPERATING
PURPOSES AND OTHER TOWN EXPENSES CONTINGENT UPON PASSAGE OF A PROPOSITION 21/2
BALLOT QUESTION UNDER GENERAL LAWS CHAPTER 59, § 21 C.
22
PURPOSE RECOMMENDED
Selectboard's Office
Salaries $ 600
Expenses 400
School Department 30000
Town Planner
Salary 3500
Expenses 1200
*s o •••
TOTAL CONTINGENT $ 89000
APPROPRIATIONS
BALLOT QUESTIONS
Under either approach, the town has the choice whether to bundle all the contingent appropriations for
operating expenditures for the fiscal year into a single override question for the $890,000 in this
example, or to put separate questions on the ballot for different departments or groups of departments:
for instance, one question for $300,000 for school department operating expenses and another
question for$590,000 for operating expenses of all other town departments. The choice of how to
structure the ballot questions is within the discretion of the selectboard. If the selectboard decides to
include more than one contingent appropriation in a question, the purpose of each appropriation the
question is intended to fund would have to be stated in the question.
OTHER APPROPRIATION ARTICLES
REGIONAL SCHOOL BUDGET ARTICLE - (Levy Limit Override)
ARTICLE : TO SEE IF THE TOWN WILL APPROVE THE REGIONAL SCHOOL
DISTRICT BUDGET FOR FISCAL YEAR AND RAISE AND APPROPRIATE OR TRANSFER
FROM AVAILABLE FUNDS $(FULL ASSESSMENT)TO PAY ITS ASSESSED SHARE OF THAT
BUDGET, OR TO TAKE ANY OTHER ACTION RELATIVE THERETO.
MOTION: I move that the town raise and appropriate $(non-contingent portion)to pay its assessed share of
the Regional School District Budget for fiscal year and that it raise and appropriate the
additional $(contingent portion)required to fully fund the assessment and thereby approve the district's budget
for the year,provided that this additional appropriation be contingent on the approval of a Proposition 21/2 levy
limit override under General Laws Chapter 59, § 21 C(g).
23
REGIONAL SCHOOL BUDGET ARTICLE - (Capital Outlay Expenditure Exclusion)
ARTICLE : TO SEE IF THE TOWN WILL APPROVE THE REGIONAL SCHOOL
DISTRICT BUDGET FOR FISCAL YEAR AND RAISE AND APPROPRIATE OR TRANSFER
FROM AVAILABLE FUNDS $(FULL ASSESSMENT)TO PAY ITS ASSESSED SHARE OF THAT
BUDGET, OR TO TAKE ANY OTHER ACTION RELATIVE THERETO.
MOTION: I move that the town raise and appropriate $(non-contingentportion)to pay its assessed share of
the Regional School District Budget for fiscal year and that it raise and appropriate the
additional $(contingent portion) attributable to its share of the budget for capital spending not funded by debt
so as to fully fund the assessment and thereby approve the district's budget for the year,provided that this
additional appropriation be contingent on the approval of a Proposition 21/2 capital outlay expenditure exclusion
under General Laws Chapter 59, § 21 C(i1/2).
SEPARATE DEPARTMENTAL "CONTINGENT BUDGET" ARTICLE
ARTICLE : TO SEE IF THE TOWN WILL RAISE AND APPROPRIATE OR TRANSFER FROM
AVAILABLE FUNDS A SUM TO SUPPLEMENT THE FIRE DEPARTMENT'S OPERATING BUDGET
FOR FISCAL YEAR CONTINGENT UPON THE PASSAGE OF A PROPOSITION 21/2 BALLOT
QUESTION, OR TAKE ANY OTHER ACTION RELATIVE THERETO.
MOTION: I move that the town raise and appropriate an additional $ for the Fire Department's
fiscal year operating budget to be allocated as follows: $ for salaries and$
for expenses,provided that such additional appropriations be contingent on the passage of a Proposition 21/2
ballot question.
BORROWING ARTICLE
ARTICLE : TO SEE IF THE TOWN WILL APPROPRIATE A SUM OF MONEY BY BORROWING TO
DESIGN AND CONSTRUCT A SENIOR CENTER AND TO AUTHORIZE THE TREASURER,WITH
THE APPROVAL OF THE SELECTMEN, TO ISSUE ANY BONDS OR NOTES THAT MAY BE
NECESSARY FOR THAT PURPOSE,AND TO APPLY THE PREMIUM RECEIVED BY THE TOWN
UPON THE SALE OF ANY BONDS OR NOTES THEREUNDER, LESS ANY SUCH PREMIUM
APPLIED TO THE PAYMENT OF THE COSTS OF ISSUANCE OF SUCH BOND OR NOTES, TO PAY
PROJECT COSTS AND REDUCE THE AMOUNT AUTHORIZED TO BE BORROWED BY THE
AMOUNT OF THE PREMIUM SO APPLIED, OR TAKE ANY OTHER ACTION RELATIVE THERETO.
MOTION: I move that the town appropriate and borrow$5,000,000 for the design and construction of a
senior center and authorize the treasurer with the approval of the selectboard,to issue any bonds or notes that
may be necessary for that purpose, as authorized by General Laws Chapter 44, § 7(1), or any other general or
special law, for a period not to exceed 10 years,provided,however,that this appropriation and debt
authorization be contingent upon passage of a Proposition 21/2 debt exclusion question General Laws Chapter
59, § 21 C(k). Any premium received by the town from the sale of any bonds or notes authorized by this vote,
less the costs of issuance of the bonds or notes paid from the premium, and any accrued interest may be
applied to pay project costs in accordance with General Laws Chapter 44, Section 20 and the amount
authorized to be borrowed to pay those costs shall be reduced by the same amount applied.
24
Appendix F
ADDITIONAL RESOURCES AND CONTACT INFORMATION
Division of Local Services (DLS), MA Department of Revenue
Website: www.mass.gov/dls
MAILING ADDRESS: P.O. Box 9569, Boston, MA 02114-9569
MAIN LOCATION: 100 Cambridge Street, Boston, MA 02114
MAIN TELEPHONE: (617) 626-2300
MAIN FAX: (617) 626-2330
DLS publications and Proposition 21/z data are published on the DLS website.
For our on-line tutorial and additional information on Proposition 21/2, please
visit the DLS Training Programs page on the DLS website.
For questions about Proposition 21/z election or other data:
• Contact the Municipal Data Bank staff at databankkdor.state.ma.us or
(617) 626-2384.
For questions about a community's levy limit calculation:
• Local officials should contact the Bureau of Accounts Representative
assigned to their community.
• Others must contact the DLS Director of Policy and Administration at
(617) 626-2377.
For questions about Proposition 2'/2 ballot questions, or municipal tax or
finance law generally:
• Local officials may contact the DLS legal staff at (617) 626-2400.
• Others must contact the DLS Director of Policy and Administration at
(617) 626-2377.
25
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Selectmen Fees Survey & Recommendations for New Fees
PRESENTER: ITEM
Jim Malloy, g Town Manager& NUMBER:
Katharine Labrecque, Management
I.8
Fellow
SUMMARY:
Attached please find the fee survey analysis for the fees charged by the Selectmen's Office. We are currently
reviewing all other fees and undertaking a similar review and will be making recommendations on other potential
fee changes in the upcoming months to bring Lexington's fee structure in line with nearby communities
(Billerica, Lincoln, Watertown, Waltham, Woburn, Winchester, Burlington, Belmont, Natick, Needham,
Andover& Westford). The analysis as attached uses the Mean, Median, Low and High fee for each fee
charged by the office and compares it to the current Lexington fee structure and provides a recommendation
for updating the fees (far right column). The first page of the attachment also includes a comparison between
the current fees and proposed fees and the estimated increase in revenues generated by the department of
$36,165 (39.9%).
SUGGESTED MOTION:
n/a- This is for a discussion to gain input from the Board and the actual vote to approve any fee increases will
be placed on the next agenda to inc o rp o rate any consensus thoughts of the Board.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 9:20 pm
ATTACHMENTS:
Description Type
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Establish 2020 Annual Town Meeting and Annual Town Election Dates
PRESENTER:TER• ITEM
S
NUMBER:
Kelly Axtell, Deputy Town Manager
I.9
SUMMARY.-
To establish dates for the 2020 Annual Town Election and 2020 Annual Town Meeting. The suggested date
are:
• Thursday, December 19, 2019: last day for submission of Citizens Petition as for the 2019 Annual Town
Meeting Warrant
• Tuesday, March 3, 2020:Annual Town Election
• Monday, March 23, 2020: Opening Session of the 2020 Annual Town Meeting.
The Board will also discuss potential deadlines for submission of draft motions.
SUGGESTED MOTION:
Move to open the 2020 Annual Town Meeting Warrant for submission of Citizen Petitions
through Thursday, December 19, 2019 at 4:0 0 p.m.
Move to establish Tuesday, March 3, 2020 as the date for the 2020 Annual Town Election.
Move to establish Monday, March 23, 2020 as the date for the opening session of the 2020 Annual Town
Meeting.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 9:35 pm
ATTACHMENTS:
Description Type
F) VIlerric) Re q u es t firo m.Gerk fi.)r 2020 A n n ii-al I lection D"'Iteo Rickuj,-)Material
V b
Town of Lexinvton
rA V
"H If✓ ..
1111'r
Nathalie L. Rice, Town Clerk Phone: 781-698-4558
nriceklexin e tonma.gov fax: 781-861-2754
MEMO: Board of Selectmen
FROM: Nadie Rice, Town Clerk
DATE: November 12, 2019
RE: March Annual Town Election Date
Dates of Upcoming Elections
Tuesday, March 3, 2020 Annual Town Election (requested)
Tuesday, March 3, 2020 Presidential Primary Election
TBD Debt Exclusion Vote
Tuesday, September 15, 2020 State Primary Election (date may change)
Tuesday, November 3, 2020 Presidential Election
Oct. 19-24, 26-301 2020 Early Voting for Presidential Election (held at Cary
Memorial Building)
The purpose of this memo is to request the Board of Selectmen to vote to move the 2020 Annual
Town Election from Monday, March 2, 2020 to Tuesday, March 3, 2020. This is a customary
request every four years as we consolidate our elections to facilitate voting for our residents.
In 2016, voter turnout in this combined Annual/Presidential Primary was well over 50% of our
registered voters (58% turnout for the Primary; 53% for the Annual).
Thank you for consideration of this request, and please don't hesitate to contact me if you have
any questions.
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discuss the Formation of an Advisory Committee Regarding Hartwell Avenue 25% Design
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.10
SUMMARY:
The following is from the Mas sDO T project manual: "The charge of an advisory group should be defined at
the outset with an unambiguous definition of the limits of their d ec is io n-making authority. Typ is ally, task forces
are advisory bodies that offer input to the process and suggest recommendations."
The Board of Selectmen will be the body that approves the design alternative to endorse to Mas s D O T.
The Board had discussed creating a working group to work on the 25% design for Hartwell and Planning and
Engineering worked on the attached draft charge for this group as a starting place for the Board's discussion.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 9:50 pm
ATTACHMENTS:
Description Type
DRAFT 11/4/19
Charge: Advisory Group - Bedford Street/Hartwell Avenue Area Transportation
Improvements
[MassDOT recommends an "Advisory Group". A decision will need to be made
whether this is a Advisory Group, an Advisory Committee or a Regular Ad-Hoc
Committee? A Working Group would work with staff but would not be subject to
quorum, OML, minutes, etc., an Advisory or Ad Hoc Committee would have more
responsibilities to comply with specific laws.]
Members: Suggested Membership (5-7) to potentially include: A
Representative from Board of Selectmen, Planning Board,
Conservation Commission, Hartwell businesses, Residential
neighborhood, Lincoln Labs, Hanscom, Bike group and
MassDOT.
Appointed by: Town Manager (this would depend on whether it's a working
group or a committee appointed by the Selectmen)
Term: To terminate upon a favorable vote by the Board of Selectmen on a
25% design plan and endorsement by MassDOT of 25% design
plans or otherwise a termination of the project moving forward.
Schedule: As determined by the Advisory Group.
Staff Leads: Engineering and Planning.
Goals: To solicit general public input, though not necessarily consensus,
on a feasible design alternative to inform the Board of Selectmen
in the Board's decision to endorse a design alternative to
MassDOT. The Advisory Group will not be authorized to design
the improvements, and the Board of Selectmen will retain the
authority to endorse the design.
Committee Tasks:
• Ensure a healthy and inclusive public process
• Represent and balance the various stakeholder needs
1
• Adhere to the overall objectives of the project
• Provide guidance to the consultant selection process
• Meet as needed with the traffic engineer developing the design alternatives in
order to review the design alternatives
• Identify stakeholders
• Work with engine ering/transp ortation planning consultant to solicit thoughtful
public input throughout the 25% design proess
• Solicit input on the geographic boundaries of the project, with consideration to
the fact that the area must meet eligibility criteria for federal construction
funding through the Transportation Improvement Process, (and as limited by
funding as Mass Ave/Wood Street intersection are not included in this funding)
• Submit a recommendation by the Advisory Group to the Board of Selectmen on
a feasible preliminary design that meets the objectives of the project as defined
for the Board's endorsement
2
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Draft FY2019 Board of Selectmen Annual Report Submission
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.11
SUMMARY:
Review draft of Board of Selectmen's F Y2019 Annual Report submission.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 10:05 pm
ATTACHMENTS:
Description Type
ANNUAL TOWN REPORT 2019 (July 2018-June 2019)
MESSAGE OF THE BOARD OF SELECTMEN
Massachusetts law requires that the Board of Selectmen, prior to the annual Town Meeting,
issue an Annual Report for use by the residents of the Town. The 2019 annual Town Report
presented here provides, among other things, financial data relating to the Town for the fiscal
year 2019 that covers the period July 1, 2018 through June 30, 2019. In addition, the report
contains highlights of the accomplishments of the many departments, boards, committees, and
commissions that are responsible for the governance of Lexington.
This Annual Town Report is just one of several ways by which citizens may be informed of what
is going on in the Town. The Town's Web site at www.lexingtonma.gov provides links to many
other resources including the websites for the schools and the Town Meeting Members
association. From our Town website you can also find all budget documents as they are
generated, and the minutes of all committee meetings which provides valuable insight into the
departments and committees. Meetings of the three elected boards, Board of Selectmen,
School Committee, and Planning Board are covered by LexMedia, our Public, Educational,
Governmental (PEG) access provider, and broadcast by all three of the Town's cable television
providers. LexMedia covers other Town meetings and events as well. For more up to the minute
information, residents can register for CodeRED - the Town's emergency notification system -
for texts, emails and automated phone calls about closings, detours or emergencies. Residents
can sign up for monthly Townwide news email, or periodic emails and e-newsletters from
specific departments and boards/committees. Residents can also follow the Town's Social
Media accounts on Facebook and Twitter.
The Board of Selectmen acknowledges the leadership provided by Town Manager, James
Malloy, his outstanding staff, and the dedicated Town employees who manage the day-to-day
operations of the Town and make Lexington a special place to live, work and visit. Of special
note, however, are the countless volunteer hours provided by the citizens who make up our
many boards, committees, and commissions. The Board of Selectmen extends it's continued
thanks, appreciation, and admiration to the many residents whose work and civic engagement
makes it possible for Lexington to be a well-managed Town.
Douglas M.Lucente, Chair
Jill I. Hai, Vice Chair
Joseph N. Pato
Suzanne E. Barry
Mark D. Sandeen
2019
Board of Selectmen. Five members elected by the voters at large to overlapping 3-year terms:
Chair Douglas M. Lucente, Vice Chair Jill I. Hai, Joseph N. Pato, Suzanne E. Barry, and Mark
D. Sandeen. Michelle L. Ciccolo resigned from the Board effective December 31 2018 after
being elected as a State Representative to the Massachusetts Legislature. Ms. Ciccolo served
as a Selectman for over 4 years. In March 2019 Mr. Pato and Ms. Barry were both re-elected to
a three-year term, and Mr. Sandeen was elected to fill the remaining year left vacant upon Ms.
Ciccolo's resignation.
Year of Transition - FY2019 was a year of several transitions for the Selectmen. At our 2019
Annual Town Meeting, the article to rename the "Board of Selectmen" to "Select Board" passed
by a strong majority, and the waiting period began for the state legislature to enact special
legislation. On August 3, 2018, Carl Valente, Lexington's Town Manager for 13 years, retired.
Assistant Town Manager, Kelly Axtell served as Acting Town Manager until the Board appointed
James Malloy on October 1, 2018. After serving in the same role in other municipalities for over
three decades, Mr. Malloy came to the Lexington with a solid municipal financial background
and an ability to work collaboratively in a local government setting. Mr. Malloy quickly settled
into his role, and hit the ground running with several key initiatives that have had a positive
impact on the Town. Stacey Prizio joined the Board of Selectmen's staff in March 2019 as a
Department Assistant after Morgan Steele left to move out of state. After serving as Recording
Secretary for several years, Kim Seibert stepped down from that role.
The Selectmen appointed Town Manager Search Screening Committee worked through the
summer of 2018 with the consulting firm Municipal Resources Inc. to guide the Committee and
the Board through the search process. The committee was chaired by former Selectman Peter
Kelley. It included 2 current Selectmen, and representation from the School Committee, the
Planning Board, the Economic Development Advisory Committee, a former Town senior
management, Diversity Advisory Task Force, Town Meeting and the Lexington business
community. The Board wishes to extend its appreciation to everyone who participated in the
process.
Fiscal Strength - In January, Moody's Investors Service assigned a rating of Aaa in advance of
the Town's general obligation bonds. The Town's strong financial management, conservative
budgeting, adherence to formal policies, multi-year budget forecasting and capital planning were
noted by Moody's rating outlook. Property tax revenues rose due to new growth in both the
residential and commercial sectors. Home prices have continued to rise during the year, and the
housing market continues to be robust. The Selectmen maintained the split tax-rate factor at it's
maximum to soften the impacts on residential tax-payers. The Selectmen kept their goal to have
no operating overrides. The Selectmen have continued their policy to set aside a portion of
revenues in a fund that would be used to reduce the impact of excluded debt on the taxpayer
and to support capital projects.
Board of Selectmen Goals - Each year following the Annual Town Meeting, the Selectmen
meet to discuss their goals for the upcoming fiscal year and to establish and confirm the guiding
principles as a means of informing staff and to help guide the annual budget process. During the
goal setting process, input is solicited and received from: Staff, Board members, Boards and
Committees and the community. After the Selectmen evaluated over sixty submissions, twenty-
two categories were put forth as the priority goals for FY2019-FY2020. The Selectmen
addressed several of these important priorities and other important issues during FY2019. A
highlight of several of these are listed below.
Housing Options - In an effort to foster the creation of more affordable and diverse residential
dwelling units, in September the Selectmen created the Special Permit Residential
Development (SPRD) Zoning Bylaw Amendment Ad Hoc Committee. The 9 member committee
was charged with gathering stakeholder input, reviewing housing data and drafting a statement
of values, so that consultants, under the direction of the Committee, Elected Boards, and staff,
can develop a draft zoning bylaw amendment and warrant article to either revise or replace the
current Special Permit Residential Development Zoning Bylaw. The committee worked
throughout the remainder of the fiscal year reviewing the existing bylaw, projects produced
since its inception, alternative zoning from neighboring communities, and the Town's Housing
Production Plan. The committee heard from experts on inclusionary zoning, affordable housing,
and the development community. In April the committee held two public listening sessions to
seek input from the community. The committee is expected to have recommendations for an
upcoming Town Meeting.
The Selectmen approved a Memorandum of Understanding (MOU)with National Development
for the rezoning and planned development at 55-56 Watertown Street, formerly owned the
Belmont Country Club. The project included a 48 unit memory care assisted living facility,
"Bridges", and a 40 unit assisted living and 116 unit independent living facility, "Waterstone".
The rezoned parcels were approved by Town Meeting. The project addressed the need for
rental housing alternatives for seniors, increased the Town's affordable units in the housing
inventory, and had an incremental positive impact on the commercial tax revenue to the Town.
Street Improvements - The maintenance of the Town's roads and sidewalks are a priority for
the Selectmen. The Center Streetscape Project encompasses the reconstruction of streets and
sidewalks along Massachusetts Avenue from Meriam Street to the Police Station driveway. The
project design funds were approved at Special Town Meeting November 2018 and at Annual
Town Meeting the full construction funding of$9,105,000 was approved. The project
improvements include: lighting; pedestrian, bicycle, and vehicular safety improvements.
Additional goals of the project are to make the sidewalks and crosswalks more accessible and
safer for people with disabilities, while renewing the mid century modern landscape. The Battle
Green Streetscape improvements funding will be coming in a future year. All Streetscape
improvements for the Center and Battle Green are targeted for completion prior to the 250th
Patriots Day celebration in April 2025.
Hartwell Avenue Zoning Initiative - The Selectmen have continued to explore strategies with
respect to economic development and zoning initiatives in the north section of Hartwell Avenue.
The commercial property values in Lexington have been relatively flat over the last ten years.
The Town is committed to work toward enhancing our commercial tax base, and the Hartwell
North area has been determined as one of the largest opportunities for economic growth.
Options for the rezoning of the Hartwell Avenue corridor include revised building heights, mixed-
use, added density, parking requirement changes, and plans for new streetscape to improve
access and walkability for the area. With continued growth at Hanscom Air Force Base and
Lincoln Labs, the Town will also pursue options for financing any traffic improvements at the
local, State and Federal level. The Selectmen are committed to working with area residents and
commercial property owners in the development of any new bylaws. The Selectmen will work
them to ensure changes have a positive impact.
Affordability for the Residents - The Selectmen have adopted a goal to minimize the burden
of property tax increases on residents. To this end, our aim is to keep the average residential
property tax increase at or below 2.5% not including increases due to debt exclusions.
Additionally, the Selectmen are committed to keeping the total average residential property tax
increase spikes at or below 5%, and provide tax relief programs to reduce the burden on seniors
and other vulnerable populations. Upon the recommendations of Selectmen's Ad Hoc
Residential Exemption Policy Study Committee, we will investigate options for other exemption
models that would require a home-rule petition to the state legislature for a means tested and or
age based residential exemption and to continue to promote the existing programs for tax
deferrals.
Municipal and School Buildings - The Board continues to address the issues of maintaining
and improving our infrastructure. FY2019 was a year of construction for the Town. The debt
exclusion vote in December 2017 by the voters has allowed for several projects to move into
construction phase.
• The Lexington Fire Department Headquarters replacement project construction began
November 2018 and is expected to be completed in March 2020 with a project budget of
$19.9m.
• Maria Hastings Elementary School replacement project construction began May 2018
and is expected to be completed in October 2020, with Student relocation to the new
school in February 2020, with a project budget of$65.2M.
• The Lexington Children's Place project new construction to accommodate the preschool
aged children had a project construction began May 2018 with an expected project
completion in September 2019 with a project budget of$15.OM.
Other significant projects include:
• The Visitors Center replacement project construction began in May 2019 and is
expected to be completed in March 2020 with a project budget of$4.5M.
• The Westview Cemetery Building replacement project is in the design phase with an
estimated project budget of$2.8M. The Board formed an Ad Hoc Crematory Study
Committee to help determine if the project might include a crematory. The project is
expected to come to Annual Town Meeting in 2020.
• The Lexington Police Station rebuild project is in the design phase. The project is
expected to be presented to Annual Town Meeting in 2020. The proposed project budget
is $25.OM
• The Hosmer House (formerly known as the White House), located at 1557
Massachusetts Ave. is under consideration for relocation or renovation due to its close
proximity to the Police Station, and interference with the Police Station Design.
• Lexington High School - With severe overcrowding, outdated building systems, and
spaces that do not adequately support the academic program, Lexington High School is
in need of replacement or renovation and expansion. To that end, the Superintendent,
with the support of the School Committee and Board of Selectmen, submitted a
Statement of Interest to the Massachusetts School Building Authority (MSBA) on March
175 2019, requesting state support for a future high school building project.
Community Engagement - Communication to and from the Board is an ongoing priority. All
Board members maintain office hours to meet with residents about issues or concerns they may
have. For the fifth year in a row, the Board participated in the annual Discovery Day event as
part of their community outreach. The Town hired it's first Public Information Officer to help
serve as the Town's spokesperson, and to reach the diverse population of Lexington in an
easily accessible format, promoting and highlighting Town services, initiatives and events to
inform and educate the community at-large about our municipal government.
Mental Health - The Board of Selectmen and the School Committee continued to collaborate on
the topic of Mental Health Services in Lexington. In September the Town selected the William
James Interface Referral Services as a free and confidential service available to ALL Lexington
residents and students in Lexington schools. The service maintains a mental health and
wellness referral Helpline.
Civil Service - Since the early 1900's the Lexington Police Department has been in the state
Civil Service system. The Civil Service program often restricted the Town's ability to hire the
best applicants for positions. This made it difficult to fill Police Department openings resulting in
vacancies and higher overtime costs. Annual Town Meeting approved withdrawal from Civil
Service for all ranks including the Police Chief, which prospectively allows more control over
personnel choices, policies, requirements and procedures for hiring and promoting officers.
Sustainability Initiatives - In August 2018 the Selectmen adopted the Sustainable Action Plan
which is organized around ten sectors: Health, Safety, Buildings, Energy, Water, Transportation,
Food, Toxics & Waste, Environment, and Economy. The goal of the Plan is to improve
Lexington's quality of life, health, resilience and sustainability. With the increased popularity of
electric vehicles in Lexington, Selectmen authorized the installation of additional electric vehicle
charging stations in the Lexington center parking lots under the terms of the Eversource EV
charger installation program. This Eversource program covers the cost of the installation, and
the Town covers the purchase of the charging equipment.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Proclamation- 100th Anniversary of Michelsods Shoes
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.12
SUMMARY:
The Board is being asked to approve and sign a proclamation in honor of the 100th Anniversary of
Michelson's Shoes, 1780 Massachusetts Avenue. Michelson's Shoes has been a fixture in Lexington Center
since 1919, when it was once a harness and shoe repair shop located at 1806 Massachusetts Avenue. Over the
course of 100 years, the business has been passed down through four generations of the Michelson family and
has continued to provide dedication and commitment to the Lexington community via their customers, as well
as the Lexington Retailers Association.
SUGGESTED MOTION:
Move to approve and sign the proclamation.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 10:15 pm
ATTACHMENTS:
Description Type
�"^
Town of lexin tors a.55ar U50t,5
OFFICE OF SELECTMEN
>.
PROCLAMATION
Whereas: in August of 1919, Isadore "IJ" Michelson (1st Generation) purchases his cousin B. Aronson's
harness and shoe repair store in Lexington Center at 1806 Massachusetts Avenue;and
Whereas: in 1926, the store, including its offerings of footwear to purchase, moved to 1808 Massachusetts
Avenue, and began the family's commitment to the community by extending credit whenever
possible during the depths of the Great Depression;and
Whereas: in 1939, Harold Michelson (2nd Generation) takes over the business following the illness of his
father,Isadore Michelson,and the store moves locations to 1788 Massachusetts Avenue;and
Whereas: in 1965,Harold Michelson makes the decision to give up the shoe repair business to focus on shoe
sales and the business moves to its present location at 1780 Massachusetts Avenue;and
Whereas: this new store was designed by his son,Richard"Dick"Michelson(3rd Generation),in the spirit of
the 1960's revitalization of Lexington Center,to resemble a traditional New England streetscape;
and
Whereas: in 1975,Dick Michelson takes over the business as Harold retires;and
Whereas: in 1985, a second store is opened in Needham, Massachusetts, and by the end of the 1980's, Eric
Michelson(4th Generation)and Jerry Michelson(4th Generation)have both joined the business;and
Whereas: Dick Michelson supported the Lexington business community through his long-term service on the
Lexington Chamber of Commerce as a member,Board member and President; and
Whereas: Dick Michelson's service at the Chamber of Commerce included such special projects as: the
management of the Lexington Visitors Center, the annual fundraising for the Lexington Center
Holiday Lighting,and the annual fundraising for the Patriots'Day parade;and
Whereas: in 2000,the Michelson Family is instrumental in forming the Lexington Retailers Association,which
takes over the coordination of the Annual Memorial Day Weekend Discovery Day sidewalk sale and
in 2002, further draws consumers to Lexington Center by starting the annual Trick or Treat with
Lexington Center businesses;and
Whereas: in 2014,Michelson's Shoes is recognized by the Retailers Association of Massachusetts as one of
the top retailers in the state and is awarded a RAMAE award and inducted into the Hall of Fame;
and
Whereas: in 2019 Michelson's Shoes celebrates 100 years of business in Lexington,Massachusetts.
NOW, THEREFORE, WE THE BOARD OF SELECTMEN of the Town of Lexington, Massachusetts, hereby
recognize
Michelson's Shoes
on the occasion of their 100th year of business in the Town of Lexington,Massachusetts and thank them for the
exceptional customer service they have provided to customers,as well as their dedication and commitment to
the entire Lexington community over the years.
IN WITNESS WHEREOF,we have set our hands and caused the seal of Lexington to be affixed herewith on the
18th of November 2019.
DOUGLAS M.LUCENTE,CHAIRMAN JOSEPH N.PATO
SUZANNE E.BARRY JILL L HAI
MARK D.SANDEEN
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discuss Next Steps for the Planning Department
PRESENTER: ITEM
NUMBER:
Board Discussion
I.13
SUMMARY:
This agenda item is a follow up discussion for the Board on the last joint meeting with the Planning Board and
if the Board of Selectmen are going to be moving forward with any proposals to make changes to the Planning
Board.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019 10:20 pm
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve and Sign Proclamation- Employee Recognition Day
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.1
SUMMARY:
The Board of Selectmen are asked to sign the proclamation for Employee Recognition Day, which is on
Tuesday, November 26, 2019 from 2:30 p.m. until 3:30 p.m. in the Cary Memorial Building.
SUGGESTED MOTION:
Move to sign the proclamation for Employee Recognition Day to honor all Town Employees and to recognize
those employees with 10, 15, 20, 25 and 30 years of service.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/18/2019
ATTACHMENTS:
Description Type
''WIP
11140 ivi
OJS
0 0
t" -F
Z:2 rn
0V
APRIL 19TH
LExIN G't 0
PROCLAMATION
The Board of Selectmen, in appreciation of the faithful and
competent service of its employees, hereby declares Tuesday,
November 26, 2019 as Town of Lexington Employee Recognition Day.
The Town of Lexington is fortunate in having a capable and
dedicated staff that serves its citizens with distinction. The Board is
taking this opportunity to make a special note of appreciation for the
efforts of the employees who help make Lexington the community it is.
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BOARD OF SELECTMEN