HomeMy WebLinkAbout2011-03-14-AC-min
March 14, 2011
Minutes
Town of Lexington Appropriation Committee
March 14, 2011
Place and Time: Town Office Building, Room G15, 7:30 p.m.
Members Present: Glenn Parker, Chair; John Bartenstein, Vice-Chair and Secretary;
Joe Pato, Vice Chair; Robert Cohen; Alan Levine; Mollie Garberg; Susan McLeish; Eric
Michelson; Richard Neumeier
Other Attendees: Patrick Mehr; Pat Goddard, Director of Facilities; Micah Niemy,
Budget Officer; Joe Nugent, Assessor; Barry Orenstein
The meeting was called to order at 7:36 p.m.
Minutes
1.. Minutes from the 3/7/2011 meeting were approved as edited with a
vote of 8-0-1.
Article 37 Commercial Assessments (Patrick Mehr).
2. Mr. Mehr discussed his
rationale for this article, i.e., that it appears the Assessors do not increase the
assessment of a property after it has been up-zoned and before new construction has
been completed. Mr. Mehrcontends that the Town should receive a benefit in terms of
new growth tax revenue when a property is up-zoned at the request of the owner and
the market value of the property increases. Mr. Mehr and the Committee discussed a
number of aspects of the proposed motion. These included the regulations of the DOR
and guidance that it has provided in an informational guideline release (IGR). In Mr.
Mehr’s opinion, the IGR should be reevaluated and changed by the DOR to provide tax
fairness in this regard. The Committee discussed whether up-zoning would be
considered new growth, how up-zoning might be defined, and how rezoning impacts
assessed value. Mr. Nugent explained that if there is a change in zoning,the
assessment of the value of the land for the next year would be expected to change as a
reflection of the change in permitted uses. He emphasized that assessments are based
on the results of his office’s analysis and that cost does not necessarily equal value.
Also, real estate markets can undergo dramatic changes, so that assessments do not
always compare with expectations. The Committee briefly discussed the Planning
Board’s involvement. Mr. Mehr has suggested that the Planning Boardprovide a fiscal
impact analysis for each up-zoningbut he has not yet made a presentation to that
Board. The Committee discussed what can be reasonably asked of DOR and other
aspects of the assessment process. Committee members expressed diverse views
about supporting or not supporting the motion. Mr. Neumeier moved to table the
Committee vote in this regard in order to find out whether the Selectmen take a position
or otherwise provide useful information, and to have moretime to think about and
deliberate on the issue; his motion was approved 6-2-1.
Article 38 Residential Assessments (Patrick Mehr)
3.. Mr. Mehr expressed
concern about assessments of larger homes. Mr. Mehr presented statistics for the 333
houses that sold in Lexington in 2006 and a 4 "bucket" method for categorizing the
sales by dollar amount. He stated that his analysis shows that, in FY 2010, the sale
1
March 14, 2011
prices of 13% of larger homes (worth $1.5 million and up) exceeded their assessed
values by 10% to 30%whereas the prices of generally all smaller homes exceeded their
assessed values by only 5% to 10%. He concludes that 40% of larger houses were
under-assessed in 2007 and that 13% are currently under-assessed. There was
general discussion of abatement rules, process, and statistics. Mr. Nugent said that
annual residential abatement requests have diminished over time, that now there are
about 140 per year, and that there are about 30 commercial abatement applications per
year. Mr. Cohen pointed out that recently 1 in 3 homes in Lexington traded at over
$1m. Mr. Nugent explained the system for checks and balances that assessments have
to meet in the annual analysis,including the restriction that they not be complicated by
time adjustments over more than one year. The analysis has to stand up in tests by
DOR. Mr. Michelson moved to recommend support of this Article. Mr. Cohen seconded
the motion. Mr. Levine and Ms. Garberg stated they felt the broadly worded nature of
the motion is preferable to a more specific request and gives latitude to the DOR. Vote:
Approved 8-0-1.
Update on PCB Mitigation Spending (Pat Goddard)
4..Mr. Goddard distributed
financial spreadsheets that summarize spending on PCB mitigation at Estabrook
School. The spending wasfunded through the Public Facilities Dept. budget and
included a total of $400,000 that was transferred to that budget from the Reserve Fund
in August and September of 2010. The overall expenditures for PCB work areprojected
to come in about $41k less than allotted for the year. Mr. Goddard informed the
Committee that a sample from Bridge School tested positive for PCBs. Other testing
indicates that any PCB contamination at Bridge must be much less extensive than that
at Estabrook. Funds are needed to manage the limited effort involved with the
contamination that was found. Therefore Mr. Goddard proposes to reallocate funds from
the unused balance for the Estabrook remediation project for use at Bridge and
Bowman. The Committee discussed the prior transfer from the Reserve Fund to
Facilities and whether the funds may be used for work other than PCB remediation at
Estabrook. Mr. Niemy will inform Mr. Addelson that the Committee supports this
reallocation of funds and a formal motion can be made at a future meeting if necessary.
Mr. Goddard left a copy of an Environmental Health & Engineering (EH&E) proposal to
provide PCB Air Bulk Sampling at the Bridge School with the Committee.
Reserve Fund Transfer to Human Services Budget for Veteran's Assistance
5.
(Micah Niemy).
Mr. Niemy reviewed a request for $20k to support the growing demand
from veterans living in Lexington for assistance as provided under applicable State
laws. This amount was set to cover any expenses in excess of the FY 2011
appropriationof $25K that may be needed through about May 4, 2011. As of March 18,
$34k had been spent or obligated for veteran’s assistance. An appropriation to cover
additional expenses may be sought at Town Meeting under Article 24, but that would
likely not be effective until the May 4 date. Mr. Niemy distributed a memorandum from
Charlotte Rodgers, Director of Human Services, regarding Veterans Services Officer
(VSO) background and recommendations, which indicates an upward trend in the hours
for the VSO to serve the increased number of individuals seeking assistance in this
regard. Mr. Michelson confirmed the Reserve Fund balance is $500k. Mr. Neumeier
2
March 14, 2011
moved to recommend approval of this request. Ms. Garberg seconded the Motion.
Vote: Approved 9-0-0. Mr. Parker signed the Request for Transfer from the Reserve
Fund.
Discussion of Warrant Articles in the 2011 Annual Town Meeting.
6.
Article 5 -Appropriate FY2012 Enterprise Funds Budget. A motion to recommend
approval of this article as it relates to recreation was made and seconded. Vote:
Approved 8-0-1
Article 7 -Establish and Continue Departmental Revolving Funds. A motion to
recommend approval of this article was made and seconded. Vote: Approved 8-0-1
Article 9 -Appropriate for Recreation Capital Projects. A motion to recommend
approval of this article was made and seconded. Vote: Approved 8-0-1
Mr. Pato added an affirmative vote on all prior voted items from 3/7/11, except for Article
28 as there was no write-up. This includes Articles 12, 14, 16, 21, 27, and 33.
Article 22 -Appropriate from Debt Service Stabilization Fund. A motion to recommend
approval of this article was made and seconded. Vote: Approved 8-0-1
Article 30 -Amend Bylaw -Town Meeting Procedure. A motion to table this was made
and seconded. Vote: Approved 9-0-0
Article 36 -Analyze Employee Health Benefits (Citizen Article). Mr. Pato gave a
summary of his write up. The Committee discussed the request that they develop a
plan for this or develop other options, whether they should be responsible in this regard
and legal implications. A motion to recommend approval of this article was made and
seconded. Vote: Not approved 0-9-0
Article 8 -Appropriate the FY12 CPC Operating Budget and CPA Projects: Motions
were made to recommend approval of the following parts of the Article and were
seconded:
8(a)Vote: Approved 8-0-1
8(b)Vote: Approved 8-0-1
8(d)Vote: Approved 8-0-1. Last year the Committee recommended that something like
the current proposal would be preferable to supporting acquisitions that had already
been completedby LexHAB.
8(e)Vote: Approved 8-0-1
8(g)Vote: Approved 8-0-1
8(i) Vote: Approved 8-0-1
8(j) Vote: Approved 9-0-0
3
March 14, 2011
8(k) Vote: Approved 9-0-0 If Article 33 is approved and the grant funds are received in
time, $800k will be from CPC and $500k from grant funds.
8(l) Vote: Approved 8-0-1 As the State match is falling, Mr. Michelson will check to
see if there is an anticipated net surplus from the prior year.
Article 13(b) through (l) -Appropriate for Public Facilities Capital Projects. It was noted
that for component (b) -Estabrook School Feasibility and Related Street Access
Improvements,the dollar amount for the road improvements part is now $100,000
rather than $200,000 and it only covers design and engineering. A motion to
recommend approval of components (b) through (l) of this article was made and
seconded. Vote: Approved 8-0-1
Article 13(a) -Appropriate for Public Facilities Capital Projects: Bridge and Bowman
Schools Renovation Design, Development and Engineering. A motion to recommend
approval was made and seconded. Vote: Approved 7-0-2
Article 17 -Reduce Community Preservation Act (CPA) Surcharge (Citizen Article). A
motion to recommend approval of this article was made and seconded. There was
further discussion of the proposed reduction including its repercussions on debt
exclusions for other projects. A motion was made and seconded to table this. Vote:
Approved 8-1-0
Article 4 -Appropriate FY2012Operating Budget.Mr. Niemy distributed a draft motion
updated 3/11/11 in which the use of free cash was updated to include the amount that
was unallocated during the summit process. The Committee would like to be informed
of what the offsetting revenue reduction will be to balance this. Mr. Niemy will ask Mr.
Addelson.
The meeting adjourned at 10:26 p.m.
A list of documents and exhibits used at the meeting is attached.
Respectfully submitted,
Andrea Yepez
Recording Secretary
Approved March 23, 2011
4
March 14, 2011
Exhibits
Town of Lexington Appropriation Committee
March 14, 2011
1.Agenda posted by Glenn Parker, Chair.
2.DPF Financial Statements for Estabrook PCB remediation project outlining activity,
expenses and budget indicating total projections as of 3/11/11, distributed by Pat
Goddard, Director DFP.
3.EH&E proposal to provide PCB Air Bulk Sampling at the Bridge School, dated
2/16/11, distributed by Pat Goddard, Director DFP.
4.Memorandum from Charlotte Rodgers, Director of Human Services, dated 3/9/11,
regarding Veterans Services Officer Background and Recommendations.
5.Draft Motion updated 3/11/11 regarding Article 4: Appropriate FY 2012 Operating
Budget, distributed by Micah Niemy, Budget Officer.
6.Request for Transfer from the Reserve Fund Memorandum for signature by the
Committee Chair, dated 3/14/11, distributed by Micah Niemy, Budget Officer.
5