HomeMy WebLinkAbout2010-10-BOS-minSelectmen's Meeting
October 4, 2010
A regular meeting of the Board of Selectmen was held on Monday, October 4, 2010, at 7:30 p.m.
in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr.
Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive
Clerk, were present.
Public Comment
Mr. Jayaraman, representing the Pancreatic Cancer Action Network, would like to bring public
awareness to pancreatic cancer and requested the Selectmen consider doing a proclamation to
declare November as Pancreatic Cancer Awareness Month. The Selectmen suggested contacting
the Health Department to see if they would be willing to publicize the issue. The Selectmen will
discuss a proclamation at a future meeting.
Selectmen Concerns and Liaison Report
Ms. Mauger attended a Hanscom social event over the weekend for area Selectmen and learned
what the air force is doing, including the electronic systems center. She looks forward to
additional interaction with base command.
Ms. Mauger informed the Board that at the Parker Meadow conservation area the stewards have
completed the boardwalk. Thanks should go to the Conservation staff, including Karen Mullins,
Emily Schadler and Louise Vinci.
Mr. Cohen attended the League of Women Voters 1" Friday on Youth at Risk. The event
showed how much the Town does in the field of human services and the excellent coordination
between Police, Schools and Human Services.
Mr. Manz and Mr. Burnell attended the Battle Road Memorial March event that started on the
Battle Green. The United States Army Reserve, Third Legal Support Organization was grateful
to the Town for their help in coordinating the event.
Mr. Manz requested that the Board discuss at an upcoming meeting how to improve the process
of putting together information for the Selectmen's packets and what information should be
included as we begin to provide more and more information electronically.
Town Manager Report
Last week Town Officials were invited to meet at Shire with Jay Gonzalez, Secretary of the
Executive Office for Administration and Finance where it was announced that the Town would
receive $1.5 million grant from the State for the Town's infrastructure. At the event Mr. Cohen
mentioned to Mr. Gonzalez that he thought the grant would be $1.9 million. Mr. Valente
received an e -mail from the state that the grant to the Town will be $1.9 million to be funded
over three fiscal years (FY2011 to FY2013). The funds will be used for a traffic light at the
Selectmen's Meeting — October 4, 2010
intersection of Spring Street and Hayden Avenue, installing a sidewalk on Hayden Avenue and
for an engineering study for the intersection of Hayden Avenue, Waltham Street and Route 2.
Mr. Valente received notice from the State regarding the allocation of funds from the
Community Preservation Act. Lexington will receive just under $859,000; which is a 28 percent
match of the Town's portion.
Grant of Locations — National Grid — Vine Street
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition for Vine Street
for National Grid to install and maintain approximately 90 feet of 2 -inch gas main in Vine Street.
Grant of Locations — NStar — Lincoln, Weston and Shade Streets
Ms. Maureen Carroll, representing NStar Electric, was available to answer any questions. Mr.
Cohn, 4 Weston Street, was concerned about the current poor condition of Weston Street and
asked if and when Weston Street would be repaved. The Town Manager will have DPW check
on the paving schedule and contact Mr. Cohn.
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of NStar Electric
to construct, and a location for, a line of conduits and manholes with the necessary wires and
cables therein to be located under the surface of Lincoln, Weston and Shade Streets: Lincoln
Street at and northeasterly from Weston Street, a distance of 80 yards + of conduit; Weston
Street at and southwesterly from Lincoln Street, a distance of 233 + of conduit; and Shade Street
at and southeasterly from Weston Street a distance of 179 yards + of conduit.
Grant of Locations — NStar — Hancock Street
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of NStar Electric
to construct, and a location for, a line of conduits and manholes with the necessary wires and
cables therein to be located under the surface of Hancock Street northeasterly at pole 42/42
opposite Arboretum Way a distance of about 36 yards + of conduit and southeasterly at pole
42/45 approximately 188 yards + south of Hamilton Road, a distance of about 84 yards + of
conduit.
Grant of Locations — NStar — Hathawav Street
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of NStar Electric
to construct, and a location for, a line of conduits and manholes with the necessary wires and
cables therein to be located under the surface of Hathaway Road southwesterly at pole 374/11
approximately 738 yards + northwest of Sedge Road, a distance of about 46 yards + of conduit.
Selectmen's Meeting — October 4, 2010
Update on 128C3
Mrs. Krieger, Chair of the 128 Central Corridor Coalition (128C) , gave a presentation (Route
128 Corridor Plan — September 24, 2010) on what they think can be accomplished in attempting
to address congestion on Route 128. They have been working with MAPC and the Towns of
Weston, Lincoln, Burlington and the City of Waltham to try and enhance economic development
and reduce congestion. The 128C has been working with planners (MAPC), developers, the
business community, transit associations along 128, Planning staffs, Economic Development
Officers, the Traffic Mitigation Group and the Transportation Advisory Committee who all have
been involved and have reviewed the 128C work as it has progressed. The 128C conducted a
survey and learned 95% of commuters drive alone. Recommendations to improve are in three
areas: create a new Fitchburg Line /Route 128 Multi Model Transit Center; coordinate and
enhance mitigation measures that will reduce traffic congestion; and build on existing transit
service in the corridor. None of these recommendations can be done without the support of local
boards and planning staff to send a message to work with the business community and we also
need assistance for state and federal legislation for funding. Not a project to be done in near
term, but can be done if we continue to approach and address issues regionally.
The Selectmen continue to be interested in supporting and participating in this regional effort.
Munroe School Lease
Mr. Burnell reviewed with the Selectmen the concept to do an RFP with the intent to lease the
Munroe School. The concept is to issue a long -term lease to a non - profit to act as a landlord on
behalf of the Town for the Munroe School. The non - profit would rent space at market rates to
performing arts schools and any additional space for artist's studios for other arts - related
purposes. The intended lease term would be ten (10) years with two (2) ten (10) year extensions
at $24,000 per year plus an inflation adjustment. All rents would be applied to the operation of
the building. Approximately one -third of the rent may be retained for heat, utilities, custodial
and routine maintenance. Approximately two - thirds would be deposited in a separate fund for
the benefit of capital expenditures necessary for the care of the building envelope and property
including roofs, windows, HVAC, mechanical service and paving. The lessee may apply private
funds or donated services in addition to the allocated rents for capital improvements. If the
lessee fails to use the building for the purpose intended or fails to implement appropriate capital
maintenance, the lease would be terminated and the building with the tenant leases revert to the
Town.
Mr. Kelley suggests that the concept of a long -term lease be formulated in more detail and be
reported at the Annual Town Meeting and ask for their feedback on the concept. If Town
Meeting agrees with the approach then go forward with the RFP process, which should be
structured around the academic school calendar.
Selectmen's Meeting — October 4, 2010
Ms. McKenna, Precinct 6, suggested that some lump sum amount be paid up front to
acknowledge that they have not paid anything over many years or maintained the building. She
also has concerns about the language regarding taking back the building and possibly
reimbursing some money.
Mr. Burnell responded that in the final RFP there will be extensive language dealing with the
termination of the lease should that be necessary and it will be reviewed by Town Counsel.
Ms. Mauger asked whether the idea should be put before Town Meeting first before proceeding
with the RFP.
Mr. Kelley is not ready to move forward with a Request for Proposal for the lease of the Munroe
School property until after he speaks to Town Counsel regarding some of the concepts outlined.
Mr. Burnell believes the Selectmen should proceed with fleshing out the details and issues,
including meeting with various boards and explaining the Selectmen's intent, in order to keep the
process moving forward.
The Board will discuss the Munroe School Lease at its next meeting.
Presentation from Permanent Building Committee on Police /Fire Concept Study
Mr. Himmel, Chair of the Permanent Building Committee (PBC), and Mr. Shaw, Donham &
Sweeney Architects, presented a progress report on the Police and Fire Stations space needs and
renovation designs. A working session will be held soon between the PBC, Police and Fire
Chiefs and the Selectmen where the PBC hopes to get some guidance with the idea of having an
article on the 2011 Annual Town Meeting warrant.
The Fire Station recommendations include: to remedy all the deficiencies, the present building be
replaced by a new one; that the existing site is well located for response time; and renovating and
adding onto the present building costs more than the new building and results in a dysfunctional
use of the site.
The Police Station recommendations include: the present building be renovated and expanded;
the two Massachusetts Avenue driveways be combined into one; parking lot to the east be
expanded; and the addition should be placed to the rear of the existing building.
A combined public safety building has pros and cons. Pros include a smaller total building and
the building and soft costs are less expensive than two separate buildings. The cons include that
the total cost is higher than two separate buildings because of land acquisition; the lack of land
with good emergency response time; and cost of owning two vacant buildings.
Selectmen's Meeting — October 4, 2010
Presentation of FYI Water /Sewer Rates
Mr. Valente presented the proposed FY2011 water and sewer rates. Overall the recommendation
is an increase of 1.7 percent in water and sewer rates. The increase is driven by: growth in the
water and wastewater budgets and changes in estimates of billed usage.
Two issues are being reviewed and resolved: 1) Hanscom consumption has reduced dramatically
and the Town is checking to make sure the meters are reading correctly; and 2) working on
correcting a billing error for the sewer municipal rates.
Lexington's water /sewer rates are just above average of all MWRA communities. This has been
accomplished by eliminating the PILOT payments and reviewing and adjusting indirect costs.
At the October 25 meeting the Selectmen will hold a public hearing to hear public comments and
then vote on the proposed new rates.
Regarding a question with respect to communities with lower rates, Mr. Valente stated that the
Economic Development Director is doing an analysis of how Lexington's commercial rate
compares with our competition. Mr. Burnell suggests that the Economic Development Officer
spend time with the rate committee on the comparisons and make sure the Town takes the
appropriate steps.
The Selectmen asked about the potential reduction from Tier 3 sewer to Shire's evaporative
cooling. Mr. Valente stated that Shire brought to the Town's attention that they have a cooling
tower and they plan to bring a methodology before the Water and Sewer Abatement Board for
abatement because of the cooling tower.
Mr. Bartenstein, Town Meeting Member for Precinct 1 and member of Appropriation Committee
reviewed the information and will make comments at the public hearing October 25. He would
like the Selectmen to think about fine tuning the process between when the rates are set in the
fall and when the budget is approved in the spring. Regarding Shire's cooling tower and whether
they should receive an abatement, he believes it is a policy issue and if a policy is needed it
should cover all businesses with cooling towers.
Health Hazards Task Force Charge
The Selectmen reviewed a draft charge for a Health Hazards Task Force. The Task Force would
look at possible health hazards and how to handle them; they would advise Town officials for
any course of action and they would conduct an analysis after an event to document the event.
The Selectmen questioned whether there should be a specific Task Force for the Estabrook
School issues. It was decided to think about and discuss with the School Committee and Finance
committees at the October 6 Summit.
Selectmen's Meeting — October 4, 2010
Selectmen Position on Question 3, Rollback of the Sales Tax
The Selectmen are concerned that if Question 3, Rollback of the Sales Tax, passes, it will mean
that Lexington will get $1 million less in local aid and also that the rollback would become
effective on January 1, 2011, which will impact the current FY2011 budget. It will also mean a
30% reduction in all state programs.
Upon motion duly made and seconded, it was voted 5 -0 to oppose the passage of Ballot Question
3 on the November 2, 2010 State Election.
The Selectmen will draft an appropriate statement regarding its opposition to Question 3.
Accept Donation from Shire HGT
Shire HGT has donated $30,000 to the Town consistent with Shire's agreement with the Town to
donate $150,000 over aten -year period. In addition, Shire donated $50,000 to the Cary
Memorial Library Foundation, part of a 10 -year $250,000 commitment. The Selectmen will sign
a letter of thank you to Shire and appreciate Shire's continued support and involvement in the
community.
Upon motion duly made and seconded, it was voted 5 -0 to accept the gift of $30,000 from Shire
HGT, to be expended at the discretion of the Board of Selectmen.
Warrant for November 2 State Election
Upon motion duly made and seconded, it was voted 5 -0 to sign the November 2, 2010 State
Election Warrant.
Selectmen Appointments
Board of Appeals Associate Member
Upon motion duly made and seconded, it was voted 5 -0 to appoint Ralph Clifford to the Board of
Appeals as an Associate Member for a 1 -year term to expire September 30, 2011.
Fence Viewers
Upon motion duly made and seconded, it was voted 5 -0 to appoint Douglas Meadows as a Fence
Viewer for a 1 -year term to expire September 30, 2011.
Town Report Committee
Upon motion duly made and seconded, it was voted 5 -0 to appoint Margareth Sarmiento to the
Town Report Committee for a 1 -year term to expire September 30, 2011.
Selectmen's Meeting — October 4, 2010
300 Anniversary Celebration Committee
Upon motion duly made and seconded, it was voted 5 -0 to appoint Eric Carlson to the 300
Anniversary Celebration Committee.
Town Manager Appointment— Board of Health
Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's
appointment of John Flynn to the Board of Health for a term to expire April 30, 2013.
Future Meetings
The following Selectmen meetings will be scheduled: December 6 and 20. Budget
Presentations will be made on December 1, 2, 7 and 8.
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 October 4, 2010 $- 581.81
Approve Support Letter to MBTA Regarding Bus Service on Hartwell
Upon motion duly made and seconded, it was voted 5 -0 to approve sending a support letter to the
MBTA regarding bus service on Hartwell Avenue.
Accept Donation of Fencing to Conservation
Upon motion duly made and seconded, it was voted 5 -0 to accept a donation of fencing from
John Frey to the Conservation Commission for use at the Willard's Woods Conservation Area.
One -Day Liquor License — Lexington Symphony
Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Lexington
Symphony to serve beer, wine, vodka and champagne for a celebration and fundraiser on Friday,
December 31, 2010, from 8:00 p.m. to 1:00 a.m. on January 1, 2011 at Cary Memorial Building,
subject to the Town Manager approving the 1:00 a.m. ending time.
Ratify Poll Vote — Eagle Letter for Zac Gunther
Upon motion duly made and seconded, it was voted 5 -0 to ratify a poll vote to send a letter
congratulating Zac Gunther on achieving the rank of Eagle Scout.
Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of August 25,
2010, September 14, 2010, September 20, 2010 and September 24, 2010.
Selectmen's Meeting — October 4, 2010
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes
of August 25, 2010 and September 20, 2010.
Documents Presented
1. Route 128 Corridor Plan Presentation dated September 24, 2010.
2. Fire Station and Police StatioN Schematic Design Study Progress Report dated October
4, 2010.
3. Lexington Fire & Police Stations Progress Report dated October 4, 2010.
Executive Session
Upon motion duly made and seconded, it was voted 5 -0 by roll call to go into executive session
to discuss strategy with respect to collective bargaining, litigation and purchase of real estate and
to reconvene in open session only to adjourn. Further the Chairman declared that an open
meeting discussion may have a detrimental effect on the bargaining, litigating and negotiation
position of the Town.
Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 11:45 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Summit I
October 6, 2010
A Summit was held on Wednesday, October 6, 2010, at 7:30 p.m. in the Selectmen Meeting
Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms.
Mauger; Mr. Valente, Town Manager; Mr. Addelson, Comptroller and Ms. Pease, Executive
Clerk, were present.
Also Present: All School Committee (SC) members; Dr. Ash, Superintendent of Schools; Ms.
Dunn, Assistant Superintendant for Finance and Business; all members of the Appropriation
Committee (AC), except Mr. Michelson; Ms. Stoltz and Mr. Edson of the Capital Expenditures
Committee (CEC); Mr. Goddard; Public Facilities Director; and Ms. Brown, Town Moderator.
Estabrook School Update and Special Town Meeting Discussion
Dr. Ash gave an update on the Estabrook School environmental issues. After reviewing the air
samples collected on September 27, 2010, the Advisory Committee does not feel the ceiling tiles
need to be removed. The plan is to only replace the crumbling tiles. Also some sliding doors
will be removed and all cove will be replaced. The estimated cost for the suggested work is
$750,000. $550,000 has already been spent. All of this work is pending approval of a plan by
the EPA.
The group discussed a date for a Special Town Meeting if needed. The suggested date is
November 15. There was a lot of discussion on whether a Special Town Meeting was needed.
Mr. Valente and Mr. Addelson need a few days to make sure they can work through the tax rate
setting issues.
Upon motion duly made and seconded, it was voted 4 -1 (Burnell opposed) to set the date for a
special town meeting on November 15 if needed.
Health Hazards Task Force
Mr. Manz handed out a proposed charge and membership for a Health Hazards Task Force. The
charge is more Estabrook specific and would evaluate and make recommendations with respect
to the post mitigation plan for Estabrook School; identify funding sources for the meditation
work; and work on a communication plan going forward. Members would included two
Selectmen, two School Committee members, one member from the Board of Health, two from
the Estabrook Advisory Task Force; Liaisons from Appropriation Committee, Capital
Expenditures Committee and Permanent Building Committee; Staff representatives from the
Public Facilities Department, Town Manager's Office, School Superintendent's Office and
Community Development Department. This task force is specific and another task force could
be formed to discuss capital planning for all town projects.
School Committee members also want a capital planning task force to discuss with the
Selectmen and finance committees all the different projects that are in the works.
Summit I — October 6, 2010
A joint meeting of the Board of Selectmen and School Committee will be planned soon to
discuss forming a capital planning task force.
Mr. Goddard asked the Selectmen to consider making the Task Force a town -wide health hazard
task force because of the other two Town buildings with PCBs that EPA has been notified about.
Upon motion duly made and seconded, the School Committee voted 4 -1 (Coppe opposed) to
form a Task Force specific to Estabrook School post mitigation as well as to identifying sources
to cover the cost of mitigation.
Upon motion duly made and seconded, the Board of Selectmen voted 3 -1 -1 (Kelley opposed and
Burnell abstained) to form a Task Force specific to Estabrook School post mitigation as well as
to identifying sources to cover the cost of mitigation.
Overview of Lexington's Financial Condition
Mr. Valente presented a summary evaluation of the town's financial condition: 1) evaluate fiscal
health through a series of financial indicators and comparative benchmarks; 2) 3 -year revenue
and expenditure projection; and 3) key policy issues that the Selectmen, School Committee and
finance committees need to consider when discussing the budget for FY2012.
Lexington's financial condition is generally sound: it has good revenue growth, stable labor
costs as a percentage of total operating costs, adequate pension funding, a good balance of
revenues related to economic growth, low debt service and adequate reserves; is satisfactory in
the areas of expenditure growth; and is unsatisfactory in the areas of state aid and employee
liabilities, in particular employee benefit costs and unreliable state aid.
Revenue growth has, for the most part, been positive. State aid dependence may be difficult to
manage where there is a reduction in funding, but the contingency plan in place helps create
reserves capable of offsetting cyclical downturns in state aid and local receipts. Uncollected
property taxes have increased and may indicate an inability by property owners to pay due to
economic conditions; which may result in less cash on hand for the Town to invest. Personnel
cost indicators are favorable to marginal; increasing salaries and wages may point to future
pension and health insurance costs and if salaries and wages as a percent of operating
expenditures are increasing it may be an indicator of deferred maintenance of the Town's
infrastructure. Employee benefits indicator is unfavorable and represents a significant and
increasing share of the Town's operating costs. Debt Service indicator is favorable; over the last
ten years Lexington has invested extensively in new capital projects. Reserves and fund balance
indicator is favorable because of several types of reserves.
Summit I — October 6, 2010
FY2012 -2014 Revenue and Expenditure Forecast
Mr. Addelson reviewed the 3 -year revenue and expenditure projections. The information
provided is a tool for planning the budget. The variable cost drivers include: municipal wages,
school wages and new debt service.
Key Policy Issues Related to FY2012 Budget
The key policy issues related to the FY2012 budget are: Use of stabilization fund reserves to
offset State Aid Reductions; Potential for debt exclusion question for Bridge and Bowman
schools and roads; ability to continue to fund general fund capital at $3 to $4 million annually;
and impact of federal health care reform on employee health insurance plans.
Establish Date for Summit Meeting 2
At the next summit there will be a presentation of revenue projections for FY2012 and the
proposed split. The suggested date for Summit Meeting 2 is November 18.
Documents Presented
1. Letter Regarding Air Samples Collected on September 27, 2010 at Estabrook School.
2. Estabrook Environmental Concern Cost Estimate Summary dated 10/6/10.
3. PCB Presentation prepared by EH &E.
4. Draft Estabrook Health Hazards Task Force Charge.
5. Financial Summit I — Indicator Anslsyis for Fiscal Year 2000 -2010, Projections &
Estimates for Fiscal Year 2012 -2013, dated October 6, 2010.
Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen's Meeting
October 20, 2010
A meeting of the Board of Selectmen was held on Wednesday, October 20, 2010, at 8:30 a.m. in
the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen,
Mr. Burnell and Ms. Mauger; Mr. Addelson, Acting Town Manager and Ms. Pease, Executive
Clerk, were present.
Vote for a Special Town Meeting
The reason that a special town meeting is being proposed is for house keeping issues that could
be important when it is time to set the tax rate. Expenses have been incurred relating to the
Estabrook School that Town Meeting needs to be aware of that should not wait until the Annual
Town Meeting.
Mr. Kelley does not support a Special Town Meting and feels the house keeping items could be
addressed within the current budget. He does agree that it may be worthwhile to have a Special
Town Meeting to discuss the issues of how to move forward with school buildings, but there
needs to be more internal discussions of facts and policies and then consider bringing before the
Annual Town Meeting.
Ms. Mauger supports a Special Town Meeting but hopes to see options for resolving the issues at
Estabrook and that a report will be presented on lessons learned and how to finance additional
expenses.
Mr. Burnell will support a Special Town Meeting only to deal with additional new growth
amounts over what was budgeted. The additional revenue would not be available to use for
current budget issues unless approved at this Special Town Meeting.
Upon motion duly made and seconded, it was voted 4 -1 (Kelley opposed) to have a Special
Town Meeting on Monday, November 15, 2010, and to close the warrant.
Vote to Sign the Warrant for the November 15, 2010 Special Town Meeting
Upon motion duly made and seconded, it was voted to sign the warrant for a Special Town
Meeting to be held on November 15, 2010.
Master Lease Agreement— Streetlight Bulb and Fixture Replacement Project
Upon motion duly made and seconded, it was voted 5 -0 to authorize the execution and delivery
of: (i) a Master Lease Agreement between Systems Finance Corporation ( "SFC "), as lessor, and
the Town of Lexington, as lessee, including Equipment Schedule No. 01 detailing the
Equipment, as well as other documents related thereto (collectively, the "Lease "); and (ii) an
escrow agreement (the "Escrow Agreement" and together with the Lease, the "Financing
Documents ") among SFC, the Town and SunTrust Bank ( "Escrow Agent ") pursuant to which
Selectmen's Meeting — October 20, 2010
funds made available under the Lease will be deposited with Escrow Agent and applied towards
the acquisition of the Equipment. Further to authorize the Town Manager and any other officer
of the Town who shall have the power to execute contracts on behalf of the Town to execute,
acknowledge and deliver the Financing Documents with any changes, insertions and omissions
therein as may be approved by the officer who executes the Financing Documents, such approval
to be conclusively evidenced by such execution and delivery of the Financing Documents.
Finally to authorize the Town Manager and any other officer of the Town who shall have the
power to execute contracts on behalf of the Town to execute and deliver any and all papers,
instruments, opinions, certificates, affidavits and other documents and to do or cause to be done
any and all other acts and things necessary or proper for carrying out this Vote and the Financing
Documents. This motion is pursuant to Section 265(b) of the Internal Revenue Code of 1986, as
amended (the "Code "), to specifically designate the Lease as a "qualified tax- exempt obligation"
for purposes of Section 265(b)(3) of the Code.
Upon motion duly made and seconded, it was voted to adjourn at 9:30 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen's Meeting
October 25, 2010
A regular meeting of the Board of Selectmen was held on Monday, October 25, 2010, at 7:30
p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr.
Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive
Clerk, were present.
Selectmen Concerns and Liaison Reports
Ms. Mauger reported on the completion of the Parker Meadow Trestle Bridge. This was a
project that took many hours of volunteer labor and a generous anonymous donation for
materials to complete.
Ms. Mauger also reported on a presentation which was sponsored by the Lexington Interfaith
Group and PTA and PTO on Working Together: A Community Response to Student's Stress,
which gave an overview of why students and adults are stressed. On October 27 there will be a
parent workshop at the Lexington High School to discuss how to help our children reduce stress.
Mr. Burnell reported that the Library had a wine tasking fundraiser that was well attended with
interesting offerings from local vendors; and it raised $20,000 to benefit the Library collection.
Mr. Burnell also reported that since Lexington has become a Green Community, which was
spearheaded by Mrs. Krieger, the Energy Conservation Committee and staff, where standards
were set for the community, we have now as a result been recognized by the State with a grant
for $158,083 to apply toward the project to change out all the streetlights. Mr. Burnell presented
the check to Mr. Manz, Mr. Valente and Mr. Goddard, who was instrumental in the process. Mr.
Burnell credited Mr. Sandeen, who is now the Chair of the Sustainable Lexington Committee,
for his efforts in the project over the last two years. The Committee's first priority is energy
savings in the residential sector.
Town Manager Report
Mr. Valente received word that Lexington was awarded a conservation land grant to put toward
the Cotton Farm purchase of $500,000. Ms. Mullins was responsible for the application and
submittals and the town expects to receive the official notification within the next two weeks and
the money is expected by the end of the fiscal year.
Grant of Location — National Grid — Manning Street
Mr. Manz heard from a citizen regarding a concern about street repairs and asked Mr. Livsey,
Town Engineer, to explain the street opening process.
Mr. Livsey stated that any street openings to be done by a utility or developer /contractor have to
get a permit from the Engineering Department and the permit has standard conditions and certain
permits have site specific conditions attached. Once a permit is given to the utility or
Selectmen's Meeting — October 25, 2010
developer /contractor they are required to call engineering and schedule the work and schedule an
inspection, which require 48 hours notice. Regarding trenches, sometimes they are temporary
and the utility has to come back later for permanent closure; utility trenches require waiting a
year to repave to make sure settling has occurred.
Mr. Marge, 12 Manning Road, presented a petition signed by Manning Street residents to the
Selectmen which states: "Whereas National Grid ( Keyspan) never properly repaired Manning
Street, Lexington, MA after the Keyspan emergency of November 2005, resulting in numerous
depressed areas that pool water after every rain; the undersigned residents of Manning Street
only approve the extension of the gas main from 12 Manning Street to 24 Manning Street if
national Grid commits to properly repaving Manning Street above the existing and proposed gas
line."
Mr. Livsey stated that the Town will be inspecting the proposed gas work on Manning Street and
that the street will be paved before the end of the paving season. The work will include milling
and an overlay of the first 300 feet of road from Bedford Street toward Milk Street where the
current gas trench is.
Mrs. Strong, 11 Manning Street, asked about the wetlands drainage easement that goes across the
street between her property and 12 Manning Street. Mr. Livsey made it clear that the drainage
lines from the easement would not be impacted from any this utility work.
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition for Manning
Street for National Grid to install and maintain approximately 220 feet of 4" gas main in
Manning Street.
Grant of Location — National Grid — Mason Street
A resident of Mason Street asked how to go about installing gas to his property. Mr. Regan,
National Grid Permit Representative, stated they should contact the Residential Sales
Department to discuss.
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition for Mason Street
for National Grid to install and maintain approximately 70 feet of 4" gas main in Mason Street.
Statement of Interest— Estabrook School
Mr. Goddard, Public Facilities Director, requested that the Selectmen approve the Statement of
Interest (SOI) for replacement/renovation of the Estabrook School. The School Committee
voted on October 19, 2010 to authorize the Superintendent to submit the SOI.
Selectmen's Meeting — October 25, 2010
Mr. Kelley supports replacing the elementary schools, but believes that the SOI wording should
not include language that it jeopardizes the health and safety of school children. He believes
reports received to date conclude that there is no identifiable or documentable health risk at the
Estabrook School.
Upon motion duly made and seconded, it was voted 4 -1 (Kelley opposed) to authorize the
Superintendent to the Massachusetts School Building Authority the Statement of Interest dated
on or before November 5, 2010, for the Estabrook Elementary School located at 117 Grove
Street, Lexington, Massachusetts, which describes and explains the following deficiencies and
the priority category(s) for which the Lexington Public Schools may be invited to apply to the
Massachusetts School Building Authority in the future: Priority 1: Replacement or renovation
of a building which is structurally unsound or otherwise in a condition seriously jeopardizing the
health and safety of school children, where no alternative exists; and hereby further specifically
acknowledges that by submitting this Statement of Interest, the Massachusetts School Building
Authority in no way guarantees the acceptance or the approval of an application, the awarding of
a grant or any other funding commitment from the Massachusetts School Building Authority, or
commits the Lexington Public Schools to filing an application for funding with the
Massachusetts School Building Authority.
Smoke Testing Update
Mr. Hadley, Public Works Director; Mr. Livsey, Town Engineer; and Mr. Kolokithas, Weston
and Sampson, made a presentation on Sanitary Sewer Inflow and Infiltration (I/1), including what
is I/I, how it is found, what methodologies are used to remove it, what the Town is currently
doing, and our future plans.
Engineering is working on revisions to the Sewer Use Bylaw or the regulations in order to have a
better definition of where responsibility lies and to provide information and direction to
residents. Regarding a question on how to make sure new homes are connected to the correct
drains, permits are needed and staff is trying to educate residents.
FY2011 Water and Sewer Rates Hearing
Based on further analysis of the Hanscom account, an increased projection of FYI Hanscom
usage will be increased to 63,275 which results in a revised proposal of a 1 % increase in water
rates. The 0.7% increase in waterwater rates proposed on October 4 is unchanged. On a
combined basis, the revised proposal reflects a 0.8% increase in rates.
Selectmen's Meeting — October 25, 2010
Upon motion duly made and seconded, it was voted to establish the FY2011 water and sewer
rates as follows:
Residential /Commercial /Industrial
Water
Sewer
Block 1
$2.94
$5.77
Block 2
$4.41
$9.42
Block 3
$5.81
$14.97
Irrigation
$5.81
NA
Municipal
$1.96
$2.30
Hanscom
$4.33
NA
Cambridge Research
$4.33
NA
VA Hospital
$5.18
NA
Bedford -water
$2.11
NA
LisNet Conference Center Presentation
Mr. Franco Diaz, LisNet, a company which provides conferencing solutions by sharpening your
competitive edge through smart use of media collaboration technologies, wanted to speak with
the Selectmen about how to create jobs in Lexington. Unemployment in Lexington is close to
6% (or 1,000) based on statistics as of September 2010. He believes small businesses could sell
more of their products to larger companies and that would help to create jobs for the 1000
unemployed in Lexington. Corporations in Lexington that receive tax credits or incentives
should be encouraged to hire local employees or services /products of the small local businesses
in Lexington. It is important that high level management be aware of local offerings. The
Chamber of Commerce is the logical group to bring businesses together. Small business owners
need the guidance and support of the Selectmen and the Town. He requests that the Selectmen
address the need for a network to offer large and small companies in Lexington the opportunity
to encourage the idea of creating jobs in Lexington. Mr. Franco belongs to the Chamber but he
would like to find a way to get large companies to join and participate.
Mr. Kelley envisions connecting with the Lexington website as a way to identify and present to
the broader community businesses in Lexington who may be interested in seeking out
Lexingtonians for job openings that exist.
Mr. Diaz would also want the website to be a potential location to purchase goods from
Lexington companies.
Mr. Diaz will follow up with Mr. Manz.
Selectmen's Meeting — October 25, 2010
Continue Discussion Regarding Munroe School Lease
Mr. Burnell has met with the Appropriation Committee, Capital Expenditures Committee and the
TMMA Executive Committee to explain how the Board wants to handle the Munroe Center for
the Arts. An article by the Munroe Center for the Arts about the proposed plans was in the
Colonial Times. Mr. Burnell has received feedback from Town Counsel on how to proceed and
will now work on getting a formal structure for the REP.
Upon motion duly made and seconded, it was voted 5 -0 to authorize the staff to draft a Request
for Proposals for the lease of the Munroe School Property.
Capital Planning Task Force Charge and Appointments
The proposed charge for a Capital Planning Task Force would seek to create a prioritized list of
capital projects, placing them on a timeline so that a coherent picture of capital spending over the
next 5 to 10 years may be presented. Membership would include two Selectmen, two School
Committee members, one each from Public Facilities, Finance Office, Appropriation Committee,
Capital Expenditures Committee and Permanent Building Committee.
Mr. Kelley would like the Selectmen and the School Committee to meet and discuss and vet
program issues for capital projects for both schools and municipal. Land use is a critical issue in
some of the projects and consideration of appropriate location. Need to look at how one project
and its advancement relates to other equally important projects in other departments.
Mr. Burnell thinks the School Committee and Selectmen need to discuss all the projects out there
and figure out how they mesh together and how to pay for the projects (CPA, tax levy, debt
exclusion). There is a very long list of projects which are not all buildings /facilities; need to
discuss roads, sidewalks, traffic mitigation issues, buildings and conservation land.
The task force should provide an overview of all possible projects so that the two critical boards
have an understanding of how the timing would unfold.
Ms. Mauger suggests that the municipal side come up with some sort of master plan of projects
that could be meshed with what the school has already done.
A meeting will be scheduled with the School Committee in the very near future.
Theatre License Renewals — Lexington Venue
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., d/b /a Lexington Venue, for Cinema 1 and 2 to
show movies weekdays and Sundays, subject to satisfactory completion of repairs and
satisfactory inspections to the rear exterior stairs by the Fire and Building Departments.
Selectmen's Meeting — October 25, 2010
Sign Proclamation for Employee Recognition Day
Employee recognition day will be held on Wednesday, November 3, 2010, at 2:00 p.m.
Upon motion duly made and seconded, it was voted 5 -0 to approve and sign the Employee
Recognition Day proclamation.
Support Conservation Stewards Grant for Recreational Trails Program
Upon motion duly made and seconded, it was voted 5 -0 to approve sending a letter of support to
the DCR Recreational Trails Program for a Conservation Stewards Grant Proposal for trail
improvements on the Paint Mine conservation property.
Support Bicycle Advisory Committee Grant for Recreational Trails Program
Upon motion duly made and seconded, it was voted 5 -0 to approve sending a letter of support for
a DCR Recreational Trails Grant Proposal for navigating the Minuteman Bikeway (A Program
of User Information).
Support Letter for Tree Committee for a DCR Urban Forestry Challenge Grant
Upon motion duly made and seconded, it was voted 5 -0 to approve sending a letter of support to
the DCR Urban Forestry Program for a Tree Committee Grant Proposal for completing the tree
inventory.
Selectmen Appointments
Town Report Committee
Upon motion duly made and seconded, it was voted 5 -0 to appoint Jennifer Braverman and Carol
Dickison to the Town Report Committee for one -year terms to expire September 30, 2011.
300 Anniversary Celebration Committee
Upon motion duly made and seconded, it was voted 5 -0 to appoint Jane Hundley to the 300
Anniversary Celebration Committee.
Ad Hoc Leary Property community Housing Task Force
Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of William
Hays from the Ad Hoc Leary Property Community Housing Task Force as LexHAB's
Representative.
Upon motion duly made and seconded, it was voted 5 -0 to appoint William Kennedy to the Ad
Hoc Leary Property Community Housing Task as LexHAB's Representative.
Selectmen's Meeting — October 25, 2010
Consent Agenda
Water and Sewer Adjustments
Upon motion duly made and seconded, it was voted 5 -0 to approve the following water and
sewer adjustments:
Adjustments of Water /Sewer Charges for October 25, 2010 $- 5,369.67
One -Day Liquor License — Clarke Middle School PTO
Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for
the Jonas Clarke Middle School to serve beer and wine at a fundraiser on Saturday;, November
6, 2010, from 7:00 p.m. to 10:30 p.m. at the Depot Building.
Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of October 4,
2010.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes
of October 4, 2010.
Documents Presented
1. Petition from residents of Manning Road regarding National Grid repair of Street dated
October 25, 2010.
2. Inflow /Infiltration Presentation prepared by Weston & Sampson.
Upon motion duly made and seconded, it was voted to adjourn at 9:40 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Joint Meeting of the
Board of Selectmen and School Committee
Friday, October 29, 2010
A joint meeting of the Board of Selectmen and School Committee was held on Friday, October
29, 2010, at 5:00 p.m. in the Selectmen Meeting Room, Town Office Building. Selectmen
Chairman Manz, Mr. Cohen, Mr. Burnell and Ms. Mauger; All School Committee Members; Mr.
Valente, Town Manager; Dr. Ash, School Superintendent; Mr. Goddard, Director of Pubic
Facilities; Mr. Addelson, Comptroller and Ms. Pease, Executive Clerk, were present.
Update on Estabrook PBC Mitigation and Funding
The purpose of the meeting was to come up with a final amount to ask for in the motion for the
Estabrook costs related to the PCB problem and the air sampling.
Mr. Goddard reviewed the estimated costs: For work between June 2010 and the Summit on
September 24, 2010 - $525,661 was spent. Phase I work to be done between September 24 and
November 15 will cost $283,809. Phase 2 work to be done after the November 15 Special Town
Meeting will cost $100,000 and Phase 3 work to be done between the end of November and
April 2011 will cost $140,912. Total estimated cost is $1,050,382.
The $23,412 cost associated with making up two school days will be removed from the total
estimated cost of $1,050,382, but it should be explained to the citizens at the Special Town
Meeting. The Schools will need to defend in a positive way the requested funds to Town
Meeting Members.
Mr. Valente requested clarification on the total amount to be requested at the Special Town
Meeting. Of the $1,050,382 presented, $23,412 for making up two days of school will be
covered within the current budget. Mr. Goddard expects there to be revisions to the proposed
heating costs.
The question was asked whether a Town Meeting Members Information Session should be
scheduled. Mr. Manz will speak to Ms. Baker and the Town Meeting Members will decide.
Either way detailed information should be sent out prior to November 15.
Mr. Manz suggested that an independent and unattached group be formed of experts in the health
risks field to review all information available regarding the Estabrook School and PCB's
problem and report back to the Selectmen and School Committee. This group would reassure
citizens on the health and safety issues of the school.
Selectmen and School Committee Joint Meeting —October 29, 2010
Schedule Meeting to Discuss Capital Planning Task Force
The Selectmen and School Committee members tentatively agreed to meet on Monday,
November 8, 2010, at 8:00 p.m. to discuss the Capital Planning.
Upon motion duly made and seconded, it was voted to adjourn at 6:45 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk