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HomeMy WebLinkAbout2009-11-BOS-min 65-497 Selectmen’s Meeting November 2, 2009 A regular meeting of the Board of Selectmen was held on Monday, November 2, 2009 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Public Comment Three students from Hastings Elementary School and one student from Diamond Middle School presented a thank you card for the new crosswalk and sidewalk on Roosevelt Road. Mr. Manz thanked Mr. Kelley for his role in this project and the Lexington Engineering Department for all their work in getting it done so quickly. Selectmen Concerns and Liaison Reports Mr. Manz brought his leaves to the Hartwell Avenue facility and commented on how well run and neat this facility continues to be. He attended the flu clinic in Cary Hall and was impressed with the organization. He commended the Lexington Police on the effort the department is putting in to providing training for their officers as a result of the Reed Street incident. Mr. Burnell reported that the 2020 Vision Committee recently conducted their futures panel in Cary Hall. This was an excellent program and will be shown again on LexMedia. Mr. Cohen congratulated the Friends of Cary Memorial Library for the excellent program they th put on to celebrate the 20 Anniversary of the Friends. Mr. Manz reported that the Friends will hold a gently used book sale on November 14 and 15, 2009. Accept Claire and Arlene McDonough Memorial Scholarship Fund The Trustees of Public Trusts has requested that the Board accept the terms of the Claire and Arlene McDonough Memorial Scholarship Fund to be managed by the Trustees of Public Trusts. Mr. Mackie, a neighbor of the McDonough’s, talked about the McDonough sisters’ devotion to each other and the Town of Lexington. Claire McDonough received a scholarship to attend Radcliffe College and spoke about this often. She wanted to do something to help a Lexington High graduate to attend college. Upon motion duly made and seconded, it was voted 5-0 to accept the terms of the Claire and Arlene McDonough Memorial Scholarship Fund to be managed by the Trustees of Public Trusts. Fiscal Task Force – Second Report Mr. Enrich, Chair of the Fiscal Task Force, presented the committee’s findings and recommendations regarding total compensation guidelines for the Town. Mr. Enrich began by 65-498 Selectmen’s Meeting – November 2, 2009 saying that the Task Force explicitly recognizes the essential role of municipal and school employees in providing the skilled, high-quality services the community values so highly. In conclusion, he cautioned the Board and the Community against seeking a Proposition 2 ½ override for regular town and school operating costs until the Town has reached agreement with employees on health benefits. Mr. Enrich asked whether the Board wished the Task Force to continue or be discharged at this point. Upon motion duly made and seconded, it was voted 5-0 to accept the July 10, 2009 report of the Fiscal Task Force. Upon motion duly made and seconded, it was voted 5-0 to accept the October 30, 2009 Second Report of the Fiscal Task Force. Upon motion duly made and seconded, it was voted 5-0 to dissolve the Fiscal Task Force. Accept and Sign Conservation Restriction for Solomon Pierce Road Ms. Mullins, Conservation Administrator, explained that the conservation restriction is required as part of the Order of Conditions that was issued for a single family dwelling project. The owner is anxious to resolve the outstanding conditions and obtain his Certificate of Compliance. Upon motion duly made and seconded, it was voted 5-0 to accept and sign a Conservation Restriction for 3 Solomon Pierce Road. Traffic Calming Policy Ms. McVay, Planning Department, and Mr. Livsey, Town Engineer, presented the proposed Traffic Calming Policy. Ms. McVay looked at surrounding towns and chose Brookline as a model. The Planning Board supports the basic concepts put forth in the proposed policy for Lexington. They recommend that the policy be monitored with an eye toward revisiting it each year. In response to Mr. Kelley’s questions, Ms. McVay confirmed that any traffic calming measures would be approved by the Board of Selectmen. Mrs. Krieger hopes that installing sidewalks would be a high priority in future traffic calming plans. Upon motion duly made and seconded, it was voted 5-0 to approve the Town of Lexington Traffic Calming Policy. 65-499 Selectmen’s Meeting – November 2, 2009 MassHighway Maintenance Agreement – Marrett Road / Spring Street John Livsey, Town Engineer, presented the MassHighway maintenance agreement for the Marrett Road/ Spring Street traffic control and roadway improvements and requested the Board’s signature. He explained that this is a standard agreement where the Town is responsible to pay for and inspect the construction. Upon completion, responsibility for long term maintenance of the road is turned over to the State. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the MassHighway Maintenance Agreement for the Marrett Road/Spring Street traffic control signal and roadway improvements. Special Town Meeting Article Positions/Presentations Mr. Levin and Mr. Michelson, Lexington Center Committee, summarized the near final zoning amendment for the Center Business District to address the changing needs of existing businesses, increase pedestrian activity and improve the overall business climate in the Center. The Planning Board has not yet taken a position on the proposed changes. The majority of Selectmen supported Article 4 – Center Use Changes, with the exception of Mr. Kelley who abstained. The Selectmen unanimously supported Article 13 – Amend FY2010 Operating Budget, and Article 14 – Amend FY2010 Enterprise Funds Budgets. Mrs. McKenna, Chair Tourism Committee, spoke about the benefits to the Town from the visit by Antony Officials and citizens to Lexington. The Selectmen did not support Article 9 – Appropriate for Sister City Program. Sign Memorandum of Understanding – Cubist and Lexington Technology Park Mr. Valente presented the final Memorandum of Understanding for the Cubist Pharmaceuticals and Lexington Technology Park rezoning. For the Cubist MOU, the Town has negotiated an increase in the Transportation Demand Management/Lexpress payment, per the Board’s direction. Cubist has agreed to a $140,000 payment, payable in four installments. The four installments, at Cubist’s request, are timed to be consistent with the remaining years on their lease. There have been no substantive changes in the Lexington Technology Park MOU. Ms. Arnold, Transportation Advisory Committee, would like to see more specific references in these agreements to supporting traffic demand measures. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Memorandum of Understanding between Cubist Pharmaceuticals, Inc. and the Town of Lexington. 65-500 Selectmen’s Meeting – November 2, 2009 Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Memorandum of Understanding between Lexington Technology Park and the Town of Lexington. Eagle Letter – Curtis Réti Mr. Manz presented the request to provide a letter of commendation for Boy Scout Eagle Curtis Réti. Curtis’ project to construct houses for bats required many hours of work by a number of people to complete and demonstrated his understanding that bats, like all animals, are necessary for a balanced ecosystem to exist. Upon motion duly made and seconded, it was voted 5-0 to send a letter of commendation to Curtis Réti congratulating him on attaining the highest rank of Eagle in Boy Scouting. Future Meetings The Selectmen scheduled future meetings. Appointments - Traffic Safety Advisory Committee and Tourism Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Jonathan Wettstone, representing the School Department, to the Traffic Safety Advisory Committee for a one year term to expire September 30, 2010. Upon motion duly made and seconded, it was voted 5-0 to appoint Mary E. Gillespie to the Tourism Committee for a one year term to expire September 30, 2010. Consent Agenda Ratify Poll Vote – Lower Battle Green Flag Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to lower the Battle Green Flag on Friday, November 6, 2009, the day that a memorial service for Molly Eisenberg will be held at First Parish Church. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of October 1, 2009 (Summit 1), October 19, 2009 (dog hearing) and October 19, 2009. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of October 5, 2009 and October 19, 2009. 65-501 Selectmen’s Meeting – November 2, 2009 Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go in to executive session to discuss matters relating to the sale of real property with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 10:02 pm. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk 65-502 Selectmen’s Meeting November 3, 2009 A meeting of the Board of Selectmen was held on Tuesday, November 3, 2009 at 7:00 p.m. in Estabrook Hall, Cary Memorial Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Julian Miller, Chair of the Munroe Board; Christian Herrold, Executive Director of Munroe; and Tom Griffiths, Munroe Board, presented the Munroe Center for the Arts (MCA) proposal to purchase the Munroe School. They explained why selling the Munroe School is good for both MCA and Lexington and the importance of MCA and what they offer, They reviewed MCA’s capital renewal plan for the first five years and how they plan to raise $500,000 with a capital campaign over the next five years. The other sources of financing projected over the next 20 years are: $800,000 from a building restoration fee; $350,000 from capital grants; $78,500 from cash reserves and $180,000 from loans. MCA is ready to take over the Munroe School. The board members have been doubled and include members with fundraising and financial expertise; fundraising is well under way; the professional staff provides high-quality management and expanded programming; a growing cadre of community supporters and volunteers is behind the effort and they have broad support within the community. Ownership of the building will provide MCA with a permanent education center for Lexington; allow for fundraising for the necessary renovations and for long-term financial and program planning. Mr. Valente summarized the criteria of the MCA proposal to purchase the Munroe School and the Town’s evaluation of each. The MCA proposal met the minimum qualifications that were established in the RFP. Below is the evaluation criteria and rating:  Plans for Arts-Education Center Use – highly advantageous, the programs meet RFP criteria and cover pre-school to elders; also recent expansion of programs has been impressive.  Qualifications and experience of the bidder and its officers and employees – between advantageous and highly advantageous, new Director does not have a long track record, the Board and staff have appropriate qualifications and experience, the organization is qualified and experienced and now has financial management and fundraising expertise.  A use consistent with and enhancing the Building’s historic importance to the residents of the Town of Lexington – between advantageous and highly advantageous, the use is in line with RFP requirements, is educational and services many Lexington residents, the 20-year capital plan is well laid out but the MCA has no track record with the Historic Districts Commission. 65-503 Selectmen’s Meeting – November 3, 2009  Plans to make renovations and/or capital improvements to the Premises – advantageous, plans are consistent with Town’s earlier evaluation of building, the proposal is a well thought-out plan for capital investment with reasonable funding estimates and funding plan relies on future capital campaigns to raise substantial funds.  Evidence of existing sources of financing or plans to obtain such financing sufficient to finance the proposed transaction – between not advantageous and advantageous, MCA has limited track record and economy is not good, more risk to the MCA than the Town, well prepared business plan, but financing is a risk at this time, MCA has made a credible case to raise funds to maintain the building, good intentions, but completely unproven, reliance on major fundraising a concern, financing risky – only 15% from operations; 41% from capital campaign and 25% from grants.  Plans to permit Lexington residents or Lexington-based non-profit and community organizations to use the Premises for social purposes or to allow Lexington civic, cultural, charitable, historical, municipal, educational and arts-education groups to use the Premises as a meeting place upon payment of a reasonable fee to the owner – highly advantageous, Lexington residents are represented on the Board, studio space preference given to Lexington Residents (currently one-half of the studio artists are Lexington residents), MCA currently makes space available to community organizations, MCA explained that the standard rate it charges for space is $35/hour (this fee is frequently discounted for organizations that cannot afford the asked amount and waived for other organizations).  Plans to provide additional community benefits – highly advantageous, a permanent home for the Arts will enhance the Town’s resources as a meeting and performance place and MCA has reached out to community entities this past year.  Agreement to terms of Purchase and Sale Agreement – unacceptable with the changes proposed by the MCA, the Purchase and Sale Agreement, as amended, is generally not acceptable, although the evaluation team understood the reasons the MCA made its proposed modifications.  Summary Evaluation – Acceptable +, concerned with Board’s lack of a track record, disagree with MCA’s proposed repurchase plan, ambitious endeavor with a goal of quality arts and lecture resources not duplicated by established organizations in town, proposal appears to be advantageous for both Town and MA in that it protects the interests of both and MCA appears to be ready to take the next step forward and making the necessary building modifications.  Price Proposal – MCA offered to purchase the property for $1,000. The next steps are to negotiate a final Purchase and Sale Agreement and bring before the Selectmen for approval, and then a vote of Town Meeting is needed. Ms. Sandy, Town Meeting Member, asked how much money the Town has invested in the Arts Center since it has been in the Munroe School and whether they intend to reimburse the Town for any of them. Mr. Valente will research what the Town’s investment has been, but MCA’s proposal does not include any reimbursement. 65-504 Selectmen’s Meeting – November 3, 2009 Mr. Valente received two appraisals for the Munroe School. The first is $760,000, which includes a deed restriction for certain arts uses. The second is $1,500,000, which has no deed restriction and includes the land. Ms. McKenna does not think the Town should dispose of its properties and is concerned with MCA’s inability to take care of the building. She would like the agreement to include language that says the Town can take back the building if MCA fails. Mr. Valente explained that there is no provision in the agreement and the Town is bound by the Deed Restriction, so only if MCA sells can the Town repurchase the property. MCA is not prohibited from requesting CPA funds, but they stated that they do not have any plans to use CPA funds. Mr. Friedlich asked whether the Town should sell the building or remain landlords. The Selectmen explained that they discussed previously and decided the Town is not set up to be a landlord and the building needs over $2.5 million in repairs that Massachusetts law requires the Town to bid and we are not in a position to do that at this time Regarding questions on the existing easement, Mr. Cohen explained that the new buyer would abide by the easement if it still is in existence. The easement may have expired under new laws and the survey will answer that question. The survey will not be done until Town Meeting approves of selling the building. A majority of the Selectmen support Article 5, Authorize Munroe chool Disposition, as long as a buyback agreement can be reached to the Town’s satisfaction. (JK, NC, HM and PK) Mr. Burnell was not prepared to take a position. Local Option Excise Discussion Mr. Kelley and Mr. Burnell reported that the Economic Development Advisory Committee does not support adoption of Article 6, Approve Local Option Meals Excise, and Article 7, Approve Local Option Room Occupancy Excise at this time. After several years of hard work on Town’s part there is a momentum going and that should be perpetuated. This is not the right time to impose the excise. Mrs. McKenna, Chair of the Tourism Committee, reported that the Committee is unanimously opposed to both articles at this time. Hotels would have to reduce their room rates to be competitive in bidding with corporations. Regarding the local option meals excise, the Committee wants to encourage restaurants to come and stay in Lexington. Given that the town is not faced with cutting essentials public safety they feel not approving the local option excises would make a clear statement to encourage businesses. 65-505 Selectmen’s Office – November 3, 2009 Ms. Bohart, Executive Director of the Chamber of Commerce, stated that businesses are not doing well and the Town should look at who has opted out of the options rather than who has opted in. Mr. Kelley does not support either of the local option excises. He wants to send a positive message to the community, especially the small businesses, that we want them to be here and to stay. The businesses current pay more with the split tax rate. Special Town Meeting Positions/Article Presenters A majority of the Selectmen support Article 6, Approve Local Options Meals Excise. Mr. Kelley does not support and Mr. Burnell abstained and suggested that the article be brought back in the spring. A majority of the Selectmen support Article 7, Approve Local Option Room Occupancy Excise, if it would not take effect until January 1, 2012. Mr. Kelley does not support this article. Mr. Cohen will be the presenter for Article 6, Approve Local Options Meals Excise, and Article 7, Approve Local Option Room Occupancy Excise. All of the Selectmen support Article 2, Zoning By-Law – Amendment to Preliminary Site Development and Use Plan for Lexington Technology Park, 125, 131 and 141 Spring Street (N/K/A 125 Spring Street, 200, 300, 400 and 500 Patriot Way) CD-10 District All of the Selectmen support Article 3, Zoning By-Law, Amendment to Preliminary Site Development and Use Plan for Cubist Pharmaceuticals, Inc., 45, 55 and 65 Hayden Avenue, CD- 9 District. Contract for Solar Energy Discussion Mr. Valente explained that the Town is looking into purchasing three solar panels that would be installed, operated and then the company would sell the power back to the Town. The company will not even discuss unless the Town is willing to sign a contract that will between 5 and 20 years to repurchase the power. If Town Meeting approves, the purchase still needs to go through a process and see what makes sense for the length of a contract. If the Selectmen feel it is not advantageous for the Town, negotiations will end. The Energy Conservation Committee, Mr. Goddard, Facilities Director, and the Energy Resources Department in the State are working together on the project. 65-506 Selectmen’s Meeting – November 3, 2009 Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session for a land acquisition discussion. Upon motion duly made and seconded, it was voted to adjourn at 8:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 65-507 Selectmen’s Meeting November 9, 2009 A regular meeting of the Board of Selectmen was held on Monday, November 9, 2009 at 6:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Sign Warrants for Special state Primary and Election Upon motion duly made and seconded, it was voted 5-0 to sign the December 8, 2009 Special State Primary Warrant and the January 19, 2010 Special State Election Warrant. Appointment – Design Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Lynn Hopkins to the Design Advisory Committee for a one-year term to expire September 30, 2010. Resignation – Lexington Council for the Arts Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Janet Post from the Lexington Council for the Arts, effective immediately. Article Positions The Selectmen reviewed their positions on the articles for the Special Town Meeting that will begin tonight. Mr. Kelley will support Article 4, Amend Zoning By-Law, and Article 12, Appropriate for Waltham Street Pedestrian Crossing. Ms. McKenna, presented a non-binding resolution for Article 3, Zoning By-Law, Amendment to Preliminary Site Development and Use Plan Cubist Pharmaceuticals, Inc., 45, 55 and 65 Hayden Avenue, CD-9, that asks the Selectmen to commit to place in the Transportation Demand Management/Public Transportation Stabilization Fund a minimum of 20 percent of funding received under sections III and IV of the Memorandum of Understanding with Cubist dated October 30, 2009. She wants to make sure some of the money is specified for transportation and does not all go to traffic. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following adjustments of water and sewer charges: Adjustments of Water/Sewer Charges for November 9, 2009 $-15,371.27 65-508 Selectmen’s Meeting – November 9, 2009 Ratify Poll Vote – Lower Battle Green Flag Upon motion duly made and seconded, it was voted 5-0 to approve the lowering of the Battle Green Flag per Governor Patrick’s order to have flags lowered until Veterans Day, November 11, 2009, in honor of the victims of the Fort Hood tragedy. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss the disposition of real property, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 6:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 65-509 Selectmen’s Meeting November 12, 2009 A meeting of the Board of Selectmen was held on Monday, November 9, 2009 at 6:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley and Mr. Burnell; Mr. Valente, Town Manager; Mr. Addelson, Comptroller; and Ms. Pease, Executive Clerk, were present. Also Present: Community Preservation Committee Members except Mr. McSweeney and Mr. Wolk; All Capital Expenditures Committee Members and All Appropriation Committee Members except Mr. Bartenstein, Ms. Hoffman, Ms. McLeish and Mr. Michelson. The purpose of the meeting was to discuss a long-range Community Preservation Committee (CPC) fiscal plan and receive input for a possible policy. Mr. Addelson presented a long-range CPC budget projection model for FY2010 through FY2015 that can be used as a planning tool and help determine how to allocate money to the three reserves (Open Space, Historic Preservation and Community Housing), Recreation and the undesignated fund. Mr. Valente provided financing guidelines as a starting point for discussion purposes. General Guidelines: The Town will attempt to maintain an available balance of $2,500,000 in various Community Preservation Act (CPA) reserves to meet the following goals:  To equitably allocate revenues/reserves across all permitted uses of CPA funds; and  For the purpose of funding any project that materializes after the conclusion of the Annual Town Meeting. This reserve would be allocated as follows:  $500,000 for each of the designated CPA purposes (open space, community housing, historic preservation);  $500,000 for recreation purposes to be retained in undesignated fund balance; and  $500,000 for unanticipated needs to be retained in the undesignated fund balance. Specific Guidelines: 1.Financing of new fixed assets (e.g., land, affordable housing units) owned by the Town:  For projects or requests over $1,000,000 in cost, debt financing should be considered to recognize that those future taxpayers who will enjoy the benefits of the CPA project will contribute to the project costs;  For projects financed entirely or partially through debt, the term of the debt should be such that at least 70 percent of the debt is retired within 10 years; and 65-510 CPC/CEC/AC/BOS Mini Summit – November 12, 2009  For new fixed asset projects costing less than $1,000,000, funding from cash reserves is preferable. 2.Financing of renovations/rehabilitation of assets owned by Town:  For renovation/rehabilitation projects costing less than $500,000, the Town should attempt to fund from current receipts/reserves to eliminate interest expenses associated with debt and recognize the more limited useful life of most renovations/rehabilitations;  For renovation/rehabilitation projects costing more than $500,000, the Town should attempt to fund from current receipts/reserves if such financing will allow the Town to maintain a $500,000 balance in each: the historic preservation reserve, open space reserve, community housing reserve and $1,000,000 undesignated fund balance stated in the General Guideline above; and  If CPA current receipts/reserves do not allow the Town to maintain the reserves established in these guidelines, debt financing should be considered for renovation/rehabilitation projects. 3.Financing of projects not owned by the Town:  The Town should fund non Town-owned CPA projects from current CPA receipts/reserves, so as not to obligate taxpayers for future debt service costs of these projects. General Guidelines The group discussed allocating the remaining reserves, how much to allocate and to which funds. Several suggested putting all remaining funds into the undesignated reserve so there is flexibility with how to use the funds, but it will be harder to keep track of. The CPC should review the comments/suggestions from this meeting and decide the best way to handle reserves. The group was comfortable with allocating $2.5 million to reserves. CPC will discuss a soft policy recognizing the four categories. There needs to be more discussion on when to use cash or debt Financing of New Fixed Assets Some felt debt should be for less than 10 years in case CPA goes away. Some felt there should be no borrowing unless the money is all spent because of concerns about perceptions and having recurring costs if CPA goes away. Financing of Renovations/Rehabilitation of Assets Owned by Town CPC members reminded the group that the same amount is not spent in each category depending on the projects brought before the Committee. Consider the useful life of rehabs and fund availability. 65-511 CPC/CEC/AC/BOS Mini Summit – November 12, 2009 Financing of Projects not Owned by the Town The group agreed with the suggestion guideline. Next Steps CPC will meet to discuss a policy and come back to this group. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session for a land acquisition matter, with no intent to return to open session. The Appropriations Committee and Capital Expenditure Committee remained for the executive session. Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m. A true record, Attest: Lynne A. Pease Executive Clerk 65-512 Selectmen’s Meeting November 16, 2009 A regular meeting of the Board of Selectmen was held on Monday, November 16, 2009 at 6:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; Mr. Lahey, Town Counsel; and Ms. Pease, Executive Clerk, were present. Article 5 - Authorize Munroe School Disposition Town Meeting Vote Mr. Lahey, Town Counsel, discussed with the Town Moderator a quantum of vote for the sale of the Munroe School. There is some legal uncertainty for a quantum of vote; a majority is legal, but not without doubt. At Town Meeting, the Town Moderator will explain that it will be by majority vote after having talked to Town Counsel and then the Town Moderator will acknowledge the uncertainty of the vote and ask for a standing vote so that there will be a full record of the vote. If the vote is a majority, but not a 2/3 vote, the Selectmen can make a business judgment not to go forward with the sale. Legal uncertainty boils down to how the property is held. If it is held for a specific purpose or held by a Board other than the Selectmen then you need 2/3 vote. Chapter 40, Section 15a allows for a transfer from a specific purpose to a general municipal purpose; we have a 1979 vote that authorized the transfer of the Munroe School to Selectmen control. Then the question is whether the next decision to sell it by the Selectmen is subject to Chapter 40, Section 3, which allows the Selectmen to sell municipal property that is held for general municipal purposes (tax titles) with a majority vote approval by Town Meeting. Town Counsel believes that once you get a 2/3 vote from a specific use to make a transfer for a general purpose held by Selectmen the property becomes Section 3 property and can be transferred subject to a majority vote; otherwise it would render Section 3 nullity. The Selectmen would like Town Counsel to explain the reasons why they concluded that a majority vote is appropriate. Award Letter Mr. Valente provided the Selectmen with a copy of the Award Letter addressed to the Lexington Friends of the Arts, Inc., d/b/a Munroe Center for the Arts (Munroe Center) to sell the Munroe School, which has been approved and signed by Munroe Center. Upon motion duly made and seconded, it was voted 5-0 to approve the Award Letter relating to the sale of the Munroe School. Ms. Norma Floyd hopes that the Selectmen have thought completely through the proposed plan to sell the Munroe School and that it is the best deal and will be good for the Town. 65-513 Selectmen’s Meeting – November 16, 2009 Article Positions The Selectmen reviewed their positions and no changes were made. Upon motion duly made and seconded, it was voted to adjourn at 6:55 p.m. A true record, Attest: Lynne A. Pease Executive Clerk 65-514 Selectmen’s Meeting November 23, 2009 A regular meeting of the Board of Selectmen was held on Monday, November 23, 2009 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Citizens’ Academy Mr. Benson and Ms. Cohen, Members of the 2020 Vision Committee, congratulated the 28 students for completing the citizens’ academy, which consisted of eight sessions and meeting with most departments, including the School Department. The students will be debriefed to gather information on how to improve the program for next year. The Selectmen hope that some of the students will sign up to become Town Meeting Members or volunteer to be on Town committees. Student Lisa Rhodes, Marrett Road, thought every meeting was well prepared and informative. Student Beth Masterman, Precinct 3, who has lived in Lexington for 21 years and has never participated, thought the class was a fantastic opportunity. She learned a lot of current and former history and thought it was a great way to reach the citizens. Selectmen Concerns and Liaison Reports Mr. Cohen congratulated the Human Services Department and School Department for putting together the excellent “Can We Talk” session with adults and students participating on a very important topic. Mr. Cohen also congratulated the Lexington High School for its production of “The Producers”. It was a first rate performance. Town Manager Report Mr. Valente reported that there was an H1N1 clinic on Sunday, November 22 and 791 vaccinations were given to Lexington residents. The next H1N1 clinic will be on December 2 from 3-8 p.m. at the Lexington High School where 1200 doses are available for children 2-24, pregnant women and health care professionals. Water Bill Appeal – McGuirk, 5 Bowser Road Mr. Addelson, Comptroller, explained that the McGuirk’s were before the Water and Sewer Abatement Board on June 25, 2009 to request an abatement of their water bill, and the Water and Sewer Abatement Board approved an abatement of $773.20. Their decision was based on the fact that the meter was checked to make sure it was reading properly and the McGuirk’s had their irrigation system checked to make sure it was not leaking. 65-515 Selectmen’s Meeting – November 23, 2009 Mr. and Mrs. McGuirk provided the Selectmen with a packet of information and cannot explain the usage numbers but ask the Selectmen for fairness. They acknowledged that each year they use water to flood the hockey rink. They would like some fairness/ reasonableness with regard to the large bill, but if no further adjustments can be made they request additional time to work out a payment plan to get the bill paid. The Selectmen decided not to make a decision at the meeting and will review all of the information and think about a resolution. Upon motion duly made and seconded, it was voted 5-0 to take the information under advisement. Presentation on Proposed Tax Classification Mr. Addelson, Comptroller, and Board of Assessor Members William Jackson, Chair, Steven Foster and Edmund Grant, and Mr. Nugent, Town Assessor presented the Board with information and options for setting the FY2010 tax classification rate. Commercial values are decreasing faster than residential and that shifts the burden to residents, the average home value is decreasing, industrial value is growing because of more lab office space and commercial is decreasing because of the conversion of office space to industrial and a drop in value of commercial value per foot because of the economy and the demand for space. The total levy is increasing by 4.6 percent which is driven by the components of a 2.5 levy limit, new growth of $2.5 million and a small increase in exempt debt ($130,000) which is the additional debt service to continue the financing of the new Public Services Building. The way to mitigate the residential tax burden impact because of the commercial decline is to increase the shift from 1.70 (FY09 shift) and move it toward the maximum allowable shift of 1.75. Mr. Jackson reviewed the packet of information with the Selectmen. Exhibit B highlighted the history of shifts over the last 20 years, which has been around 1.7 with a few exceptions. In 2000 1.50 was mandated. For the next three to four years the board moved up steadily and in 2004 Chapter 3 of the Massachusetts Acts allowed 1.75 to be exceeded and adopted 1.8 shift that cities and towns had five years to drive back down to 1.70. Chapter 3 has been rescinded and 1.75 is now the maximum. Exhibit C highlighted the Average Single family home valuation, which peaked in 2007 at $729,000 and has decreased to $691,000 currently. Exhibit D, which is new, takes the average single family home value and shows the different shift rates from 1.65 to 1.75 and what the actual tax bill would be for the average house. The exhibit also shows the impact on a large office building, medium office building, downtown retail, office condos and lab/office combos. 65-516 Selectmen’s Meeting – November 23, 2009 Exhibit D1, which is new, breaks out implications of new growth to see how values are changing. Exhibit E shows the shifts of comparable communities. Exhibit F provided general information about Lexington’s overall valuation in relation to other th communities. Currently Lexington ranks 15 in total valuation and the breakdown is 87% residential and 13% CIP. Exhibit G was prepared several years ago because of a concern about whether shift has bearing on Aaa rated communities (of which there are 12). Four out of the 11 communities have adopted a shift close to maximum 1.75. There does not appear to be correlation between shift level and bond rating. Exhibit A breaks down the impact of the shift in terms of what will happen to the tax rates and the percentage increase in levy for CIP and residential categories. The hearing is advertised for November 30, 2009 at 7:30 p.m. Proposed Water and Sewer Abatement Policy Mr. Addelson, Comptroller, representing the Water and Sewer Abatement Board (WSAB), proposed a methodology recommended by the Water and Sewer Abatement Board to be used to determine the rate per hundred cubic feet (the “abatement rate”) at which the charges for extraordinary usage due to a leak is to be abated, and is recommending it to the Board of Selectmen for review and approval. The proposed methodology yields rates that approximate the midpoint between the wholesale cost (MWRA assessment divided by billed usage) and the average cost (total cost divided by billed usage) of delivering water and sewer service. The WSAB voted that the percentage derived from the proposed methodology be a function of a 4-year rolling average of the midpoint between the wholesale rate and the average cost; and that in no year shall the “abatement rate” that is derived from this methodology be less than the Tier 1 water and sewer rates applicable to the bill being contested. Mr. Kelley believes these leak cases would be rare events and that homeowners should not be charged more than wholesale cost and the Town should not recoup operational charges. If the Board feels they should recoup some operational costs, he would like to keep the process as simple as possible and set the policy to charge at the lowest tier rate. Mr. Cohen agrees with the basic recommendation, but agrees that the process needs to be simple to administer. 65-517 Selectmen’s Meeting – November 23, 2009 Mr. Addelson told the Board that the wholesale cost may not capture all marginal costs, but it is difficult to quantify those other marginal costs. He stated that given the accessibility of the data points reflected in the proposed methodology, if the Board adopts the methodology, staff can recalculate an abatement rate each year without having to burden the Selectmen with a request for an annual vote. Mr. Burnell’s alternative rationale is that if there were no leaks then the costs would be spread equally and thus there should not be any cost assigned to it. The costs should be distributed equally, so is it fair to charge for an accident and they absorb overhead. Mrs. Krieger is comfortable charging a rate close to the Tier 1 rate. If there is a leak you are using more water and causing the costs to increase. To make the process simple the Tier 1 rate should be used. Upon motion duly made and seconded, it was voted 3-2 (Cohen and Krieger opposed) to adopt a wholesale rate to charge for losses from determined leak or loss of water on an abatement from an historic use determination using present year rates on the wholesale rate for both water and sewer. MWRA Sewer Bond Vote Upon motion duly made and seconded, it was voted 5-0 that the sale of the $139,150 Sewer Bond of the Town dated November 30, 2009, to the Authority is hereby approved and that the Treasurer or other appropriate town official is authorized to execute a Loan Agreement and a Financial Assistance Agreement with the Authority with respect to the bond. The bond shall be payable without interest on November 15 of the years and in the principal amounts as follows: Year Installment Year Installment 2010 $27,830 2013 $27,830 2011 27,830 2014 27,830 2012 27,830 Use of the Battle Green – Lexington Minute Men Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington Minute Men to use the Battle Green on Saturday, April 3, 2010, at 2:00 p.m. for the reenactment dress rehearsal (rain date April 11) and Monday, April 19, 2010, at 5:30 a.m. for the Patriots Day Reenactment (rain date April 24). Eagle Letter – Jeffrey Gilbert Upon motion duly made and seconded, it was voted 5-0 to send a letter of commendation to Jeffrey Gilbert congratulating him on attaining the highest rank of Eagle in Boy Scouting. 65-518 Selectmen’s Meeting – November 23, 2009 Renewal of Theatre Licenses Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two theatre licenses to Lexington theatre Project, Inc., Lexington Flick-Lexington Venue for Cinema 1 and 2 to show movies weekdays and Sundays, subject to the results of a fire inspection. Appointments 2020 Vision Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Alan Wrigley to the 2020 Vision Committee for a three-year term to expire September 30, 2012. Transportation Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Lawrence J. Link to the Transportation Advisory Committee for a three-year term to expire September 30, 2012. Permanent Building Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Bruce Creager to the Permanent Building Committee as the Selectmen’s Representative for both the Police and Fire Building Projects. Town Manager Appointments Commission on Disability Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of Victoria Buckley, Janet Perry and Francine Stieglitz to the Commission on Disability for three year terms to expire October 30, 2012. Board of Health Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s appointment of David Geller to the Board of Health for a term to expire April 30, 2012. Vote Town Manager Authority to Executive Busa Farm Closing Documents Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary in the judgment of the Town Manager, including without limitation delivering closing funds and signing closing forms and documents including the lease approved by the Board of Selectmen for the premises, to complete the purchase of the following three parcels by the Town in accordance with (i) the Purchase and Sale Agreement for such property dated July 13, 2009 and (ii) the approval of Article 6 of the 2009 Spring Special Town Meeting: 65-519 Selectmen’s Meeting – November 23, 2009 (a)Land containing .95+ acres identified in an order of the Massachusetts Land Court dated February 6, 1009 and filed with the Middlesex South Registry District of the Land Court (the “Registry”) as Document No. 1068379 (the “Court Order”), further identified on Lexington Assessor’s Map 20 as Lot 38; (b)Land containing 2.43 + acres identified on a deed dated September 30, 1993 and filed with the Registry as Document No. 920796, further identified on Lexington Assessor’s Map 20 as Lot 40A; and (c)Land containing 4.47+ acres identified in the Court Order, further identified on Lexington Assessor’s Map 20 as Lot 43. Consent Agenda LexHAB Grant Agreement Approval Upon motion duly made and seconded, it was voted to 5-0: (a) approve the execution and delivery by LexHAB of (i) a Grant Agreement between LexHAB and the Town for the granting of up to $845,500 in Community Preservation Act (“CPA”) funds to LexHAB for its acquisition and improvement costs for the following three (3) properties previously acquired by LexHAB: Unit 104 of the Emerson Gardens Condominium located at 104 Emerson Gardens Road, Lexington, Massachusetts, 1001-1003 Massachusetts Avenue, Lexington, Massachusetts and 300 Woburn Street, Lexington, (collectively, the “Premises”) and (ii) a Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project (collectively, the “Restrictions”) between LexHAB, the Town and the Department of Housing and Community Development (“DHCD”) for each of the three (3) properties constituting the Premises as a condition of the grant of CPA funds; (b) accept the Restrictions in the form delivered to the Board at the public meeting of even date herewith, with such modifications, deletions, substitutions or changes thereto as the Town Manager deems necessary or advisable in the Town Manager’s discretion, including, without limitation, any modifications, deletions, substitutions or changes thereto that may be required by DHCD following its review of the Restrictions; (c) execute the Grant Agreement on behalf of the Town to be held in escrow by Town Counsel or the Town Manager and to be released from escrow upon the Town Manager’s receipt of the Grant Agreement and the Restrictions executed by LexHAB as well as the satisfaction by LexHAB of any other requirements or conditions required by the Town Manager in connection with the grant of CPA funds; and (d) authorize the Town Manager to take any and all actions and execute the Restrictions and any and all documents and instruments related to the Restrictions and the Grant Agreement that the Town Manager deems necessary or advisable. Vote to Set Date for Closing the Warrant for the 2010 Annual Town Meeting Upon motion duly made and seconded, it was voted 5-0 to set Wednesday, December 30, 2009, as the closing date for submittal of warrant articles for the 2010 Annual Town Meeting. Vote to Set the Date for the Local Election Upon motion duly made and seconded, it was voted 5-0 to set Monday, March 1, 2010, as the date for the Local Election. 65-520 Selectmen’s Meeting – November 23, 2009 Vote to Set the Date for the First Session of the 2010 Annual Town Meeting Upon motion duly made and seconded, it was voted 5-0 to set the date for the first session of the 2010 Annual Town Meeting for Monday, March 22, 2010. One-Day Liquor License – Historical Society Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Historical Society to serve wine and beer at a fundraiser on Saturday, January 9, 2010, from 6:00 p.m. to 7:30 p.m. at the Depot Building. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of November 2, 2009, November 3, 2009, November 9, 2009, November 12, 2009 and November 16, 2009. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of November 2, 2009, November 3, 2009, November 9, 2009 and November 12, 2009. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go in executive session to discuss a real estate purchase, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 9:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 65-521 Selectmen’s Meeting November 30, 2009 A regular meeting of the Board of Selectmen was held on Monday, November 30, 2009 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Public Comment Mr. Sellars, Concord Avenue, asked the Selectmen to look into whether land owned by the Sellars family was transferred properly to the Conservation Commission. He also requested the Selectmen look into a flooding problem and why the Town is not maintaining the land per a signed agreement. The Selectmen will look into the issue and respond to Mr. Sellars. Tax Classification Hearing Mr. Addelson reviewed the options for setting the FY2010 tax rate. The maximum rate allowable is 1.75. Mr. Smith, Chairman of the Chamber of Commerce, thanked the Selectmen for their support and asked that the vote be postponed until next week to allow businesses to make comments. He would also like to do an analysis of comparable towns. Mr. Abrams, Resident and Commercial Landlord, stated he has the largest amount of vacant commercial space and that the reason is that Lexington has a high commercial tax rate. Rents are lower than they were 20 years ago and taxes are double what they were 20 years ago. Mr. Kelley is sympathetic to commercial businesses. He suggested lowering the rate to 1.68, but not raising it above 1.70. Mrs. Krieger was prepared to vote for a rate of 1.75 to relieve the residential owners, but also understands that flexibility is needed for setting the tax rate next year so would consider 1.73. Upon motion duly made and seconded, it was voted to establish the residential factor of 1.70 for Fiscal Year 2010. The other Selectmen agreed that 1.70 was the right rate. Mr. Smith expected the rate to increase and would be happy with 1.70 or lower. Upon motion duly made and seconded, it was voted 5-0 not to adopt the Open Space Discount for Fiscal Year 2010. Upon motion duly made and seconded, it was voted 5-0 not to adopt the Residential Exemption for Fiscal Year 2010. 65-522 Selectmen’s Meeting – November 30, 2009 Upon motion duly made and seconded, it was voted 5-0 not to adopt the Small Commercial Exemption for Fiscal Year. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session for collective bargaining and land acquisition matters, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 8:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk