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HomeMy WebLinkAbout2010-11-BOS-minSelectmen's Meeting November 1, 2010 A regular meeting of the Board of Selectmen was held on Monday, November 1, 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 attended the last Hansom Area Towns Committee meeting and Colonel Stacey Yikes of Hanscom provided information on some upcoming events: the Heroes Homecoming for service personnel returning from Iraq and Afghanistan is schedule for December 10; and General Bowles is retiring sometime the beginning of 2011 and General C. R. Davis is expected to be confirmed as the new General for the Hanscom Air Force Base and there will be plans announced later relating to that transition. Mr. Manz reminded everyone that Tuesday, November 2, is voting day. Also, November 11 is Veteran's Day with a parade through the center of town and a ceremony on the Battle Green; if the weather calls for rain the ceremony would move inside to Cary Memorial Building. Mr. Manz was downtown last Thursday during the very successful trick or treating event. Mr. Manz received a letter from Marilyn Fenollosa, Historical Commission, thanking Lynne Pease for her help and support. Town Manager Report The Department of Public Works received word last week that they received a $10,000 grant to further Lexington's efforts to recycle carpeting, phonebooks and paints. The Public Services Building will be recognized by the Associated Builders and Contractors Excellence in Construction Award for the Eagle and Green Award in Public Works for environmental projects. The award will be presented on November 18. T2 Biosystems came to the Town Office Building recently for a "meet and greet" discussion. They area Cambridge company moving to Hartwell Avenue in 2 -3 months. They area 3 -year old company with 30 employees and they expect to add one employee a month. They received $300 million in venture capital and they do medical tests that provide immediate results. They hope to be FDA approved within a year. Selectmen's Meeting— November 1, 2010 Hearing — Lexington Liquor Mart Package Store License This hearing was scheduled after the Selectmen discovered that Lexington Liquor Mart located at 58 Bedford Street, was no longer open for business. The Selectmen were not notified by the licensee. Per Chapter 138, Section 77, of the Mass. General Laws, the Licensing Board is allowed to cancel a liquor license if it ceases to conduct the licensed business. Mr. Rekhi, Manger of the Lexington Liquor Mart, attended the hearing. He stated that he had problems resolving lease issues at 58 Bedford Street and is now looking for new space to transfer his liquor license to and thus requested that the Selectmen not cancel the license and allow him to transfer it to a new location when he finds one. Some of the Selectmen believe the license should be cancelled because the business is not currently operating and that Mr. Rekhi should apply for a new license when he has a new location. Mr. Fernandez, who hopes to become a business partner with Mr. Rekhi, asked that the hearing be extended for two week to allow time to speak to legal counsel. Upon motion duly made and seconded, it was voted 5 -0 to adjourn the hearing for Lexington Liquor Mart until 7:30 p.m. on November 8, 2010 in the Selectmen Meeting Room. Presentation on 12 -18 Hartwell Avenue Proposed Building Mr. Farrington, Attorney; Mr. Smith, Colin Smith Architecture, Inc.; and Steve and Adam Colangelo presented information to the Selectmen on a proposal to construct two new building at 12 -18 Hartwell Avenue to house restaurants, businesses and office retail space. This would be the first new building project under the new use and zoning requirements approved at the 2009 Annual Town Meeting to encourage the redevelopment of Hartwell Avenue. They feel it is very important for the Transportation Management Overlay District Plan to be approved and implemented as soon as possible. They are against installing a median on Hartwell Avenue that would hamper cars heading toward Hanscom from turning into these retail buildings. The Colangelos are interested in installing sidewalks along their properties and also up to a bus stop on Bedford Street. Ms. Bohart, Chamber of Commerce Executive Director, has heard through the Chamber from people who work on Hartwell Avenue that having retail space would provide nice amenities to workers that currently do not have a place close by to get lunch or other amenities. Ms. McKenna, Precinct 6 Town Meeting Member, is concerned that these proposed new buildings will have too much retail space and she recalls some language from the 2009 Annual Town Meeting that was to take care of those situations. Selectmen's Meeting— November 1, 2010 Battle Road Scenic Byway Community Forums Preview Mr. Canale, Lexington's appointee to the Battle Road Scenic Byway Working Group, presented information on the November 9 public forum to discuss the future of the Battle Road Scenic Byway. It is important that representatives of the Selectmen, Planning Board, Historic Districts Commission, Historical Society, Conservation Commission and other relevant Town committees and the general public from Lexington, Arlington, Lincoln and Concord attend this forum to learn about the corridor and discuss strategies for Byway transportation, land use and tourism to help preserve and promote the corridor and its resources. Mr. Canale presented information on where the corridor was located, the purpose of the Battle Road Scenic Byway Working Group, the stories along the road, principles and understandings, the purpose of the project and the Corridor Management Plan. Mr. Canale requested that a Selectmen be appointed liaison to the Battle Road Scenic Byway Working Group because of the importance of the Board's feedback. Mr. Canale expects to present a final Corridor Management Plan for the Battle Road Scenic Byway in the spring and he will be asking the Board to accept the Plan. Review of Hazard Mitigation Plan FEMA and MEMA require communities to prepare Hazard Mitigation Plans. These plans identify areas at -risk for damages from natural hazards including floods, wind damage, winter storms, etc; evaluates the community's existing protection measures; and develops strategies to reduce damage from these hazards. The MAPC received FEMA funding to develop these plans within the MACP region. Prior to submitting the draft plan to FEMA and MEMA, a public review at a Selectmen meeting is required. Once the plan is accepted by FEMA or MEMA it will be brought back to the Selectmen for formal adoption. Mr. Pillsbury, MAPC, gave a presentation on why Lexington is doing this plan, a plan for mitigating damages from natural hazards, how the plan was developed, the critical facilities and sites, examples of existing mitigation measures and potential future mitigation measures. Ms. Mauger had some concern with the recommendation to increase the Nstar Tree Maintenance Program because in the past Nstar has not paid any attention to the tree species, neighborhoods or the tree canopy. Mr. Pillsbury will bring back the concern to the committee. Selectmen's Meeting— November 1, 2010 Ad Hoc Leary Property Community Housing Task Force Update Mr. Savage, Chair of the Ad Hoc Leary Property Community Housing Task Force, came before the Selectmen to request consideration for $41,300 from the Community Preservation Committee for community housing funds. The funding request is for $11,300 to stabilize the old Leary house in anticipation of its future renovation as an affordable housing unit and $30,000 for the preparation of a design and development proposal for the site. The Committee is planning to meet with the neighborhood soon to discuss the options and get their input. Currently the Committee is split between whether the house should be rehabilitated because of its period of construction and the farming history and others who feel it would cost too much to save the house given its current condition. There was discussion about whether any funds should be spent on the old Leary house to save it or whether it should be torn down. The Housing Partnership Board is working on a proposal that includes using the existing house, but Mr. Hays, stated that LexHAB is concerned with the enormous cost to rehabilitate the house, code issues and that the house would still not be habitable as an affordable housing unit. LexHAB in interested in new construction. Mr. Savage explained that the cost for renovating is estimated to be $300 per square foot and new construction is estimated at $120 per square foot. Mr. Kelley believes the primary objective needs to be for affordable housing for LexHAB and feels the Leary house has no value today and the Town should not spend any money on renovating the house. Ms. Mauger, speaking for those who feel the house should be saved, stated that the historic preservationists do not want the Board to forget about the value of historic preservation and that it has not been determined what the fine line is between replica and preservation and that CPC can provide the money if it is decided to preserve the structure. The committee has looked at other non - profit developers and they are waiting for additional information on other community's success on preserving old structures. Mr. Cohen plans to abstain from voting because he is a member of the CPC. He believes the CPC will have lots of questions about the cost of restoring the house, especially after hearing from LexHAB. Mr. Manz feels what will be left after restoration will be a replica of a substandard building. Ms. Mauger made a motion that the Selectmen approve submission of the funding request ($11,300 to stabilize the house and $30,000 for the design and development proposal) to CPC as a placeholder as recommended by the Committee pending a final decision of the Selectmen after receiving added information on a replica versus restoration of the house. There was no second. Selectmen's Meeting— November 1, 2010 Upon motion duly made and seconded, it was voted 3 -1 -1 (Mauger opposed, Cohen abstained) to support the request for $30,000 for the preparation of a design and development proposal for the Leary site assuming the proposal does not include work on the existing structure. PEG Access Contract Award Mr. Goell, Communications Advisory Committee (CAC) Chair, thanked the CAC Negotiations Subcommittee for their negotiations of the proposed contract. The current PEG contract expires December 2010. The CAC recommends that the town award LexMedia the PEG contract for 3 years and 7 months with two 3 -year renewals, which will bring the LexMedia contract into alignment with the Town's fiscal year. Upon motion duly made and seconded, it was voted 5 -0 to award the PEG contract to LexMedia and authorize the Town Manager to negotiate the contract terms, as recommended by the Communications Advisory Committee. Discuss Draft Motions for Special Town Meeting Mr. Valente explained a number of moving parts to the proposed motion for Article 2 that need to be discussed: 1. The motion looks to increase the operating budget by $985,200, largely related to Estabrook PBC costs. 2. The proposed funding options are: a) $218,956 from unexpended balances of capital articles; b) $629,688 surplus FYI revenue; and c) $136,556 from free cash if necessary. There is a good chance we may not need to use free cash. 3. The current new growth number is $2,420,000, but it may increase because of new growth attributable to Shire. Mr. Addelson will be meeting with the DOR to determine how new construction interacts with the TIE granted to Shire. Any additional new growth will be recommended for the Stabilization Fund. 4. Need to discuss the impact of changes to the health insurance budget both as result of the new coalition bargaining agreement and more precise enrollment numbers so can make revisions to budget. Mr. Addelson reviewed the proposed adjustments to the FY2011 operating budget and the Revised FYI revenues and proposed financing sources to fund supplemental appropriations. Article 2, FY2011 Operating and Enterprise Fund Budget, includes supplemental appropriations to the School Department and Facilities Department for the PCB mitigation to: cover the current estimated costs of PCB mitigation measures at the Estabrook School; replenish the Appropriation Committee Reserve Fund; make salary adjustments pursuant to the Health Insurance Coalition Bargaining Agreement; add $10,000 to the Fire Department expenses for BLS certification training; and make a minor adjustment to the Planning Department budget by transferring $20,000 from salaries to expenses for the Affordable Housing Administrator. Selectmen's Meeting— November 1, 2010 The proposed financing sources to fund the supplemental appropriations include: appropriation of unexpended balances of existing capital articles - $218,956; surplus FYI revenue - $629,688; and appropriation of free cash (if needed) - $136,556. If there is new growth from Shire the amount would be used instead of free cash and any new growth balance would be added to the general stabilization fund. Article 2 also addresses needed adjustments to water /sewer and recreation enterprise budgets to address salary impacts because of the Coalition Bargaining Agreement. It also includes a slighl modification to the MWRA assessment estimate. Carl provided a list of the potential changes to the health insurance budget: 1. Decrease of the Town's contribution from 85% to 82.5% reduces the budget by $605,000; 2. Plan design changes are estimated to save $578,400, which will go to the claims trust fund used to manage health insurance costs; 3. Shared health savings will cost $684,400; 4. Budget reduction for final FYI rates reduce the budget by $675,000; 5. Budget reduction for 14 employee over count - $234,000; and 6. Budget reduction for fewer open enrollment changes - $340,500. Items 4 and 5 above can be handled three ways: make no changes to the health care budget and allow the savings to go to free cash or take savings now to reduce the budget and put in the stabilization fund. It was the consensus of the Board that no changes to the health care budget be made at this time. Item 6 should flow to free cash to allow flexibility for any future enrollment issues. Items 4 through 6 have not been reflected in the motions yet. Mr. Cohen proposed that the meeting handout for the draft motions item be sent to all Town Meeting Members, even though the information is still draft. Mr. Kelley made it clear that he does not support any expenditure that replenishes any reserve or appropriation for facilities or schools regarding PCB mitigation at Estabrook. Upon motion duly made and seconded, it was voted 5 -0 to allow the presented draft motions to be sent out for wide spread dissemination, noting that final figure are yet to be determined. Mr. Addelson reviewed the remaining articles for the November 15 Special Town Meeting: Article 3, Appropriate to Specialized Stabilization Funds, proposes to appropriate $216,300 into the Traffic Mitigation Stabilization Fund and the Transportation Demand Management /Public Transportation Stabilization Fund from funds received from Cubist. Article 4, Appropriate to the Stabilization Fund, will be to appropriate money to the Stabilization Fund if there is new growth available from development at Lexington Technology Park/ Shire. Selectmen's Meeting— November 1, 2010 Article 5, Appropriate Supplemental Funds for CPA Projects, is to appropriate supplemental funds for CPA projects to fund unanticipated legal costs and planning costs for Busa ($27,000) and Cotton Farm ($48,000). The Community Preservation Committee discussed at their last meeting and voted to support a supplemental appropriation of up to $75,000. Mr. Kelley does not support the additional $48,000 for Cotton Farm legal costs. He feels there is no justification for the expenditures. Selectmen Appointments Sidewalk Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint Bettina McGimsey to the Sidewalk Committee for a 3 -year term to expire September 30, 2013. Tourism Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint Coleen McAdam to the Tourism Committee for a one -year term to expire September 30, 2011. Town Celebrations Subcommittee Upon motion duly made and seconded, it was voted 5 -0 to appoint Wayne Miller to the Town Celebrations Subcommittee for a one -year term to expire June 30, 2011. Resignation — Lexington Housing Assistance Board (LexHAB) Mr. Kelley acknowledged Mr. Wilson as an amazing contributor to LexHAB in a quiet and low key way. With his good, practical common sense experience LexHAB went from no units to 60+ affordable housing units at no expense to the taxpayers. He has served the community in many ways, but has been a true contributor of affordable housing since day one. Mr. Cohen, as Selectmen Liaison to LexHAB, stated that Mr. Wilson will be missed on the committee. The Selectmen will send a letter wishing him well and thanking him for all his contributions to LexHAB and the community. Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Donald Wilson from the Lexington Housing Assistance Board, effective immediately. Town Manager Appointment — Council on Aging Marilyn Campbell previously served on the COA and has agreed to serve temporarily for six months until vacancies on the Council can be filled. Selectmen's Meeting— November 1, 2010 Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's appointment of Marilyn Campbell to the Council on Aging for a term to expire May 31, 201 L. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5 -0 to approve the following water and sewer commitments: Commitment of Water /Sewer Charges for October 22, 2010 (Cycle 9) $260,839.09 Commitment of Water /Sewer Charges for November 1, 2010 (Finals) $2,697.46 Ratify Poll Vote — Proclamation for Robert Bicknell, Housing Partnership Board Upon motion duly made and seconded, it was voted 5 -0 to ratify a poll vote to sign a proclamation to honor Bob Bicknell for his service on the Housing Partnership Board. Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of October 6, 2010 and October 20, 2010. Documents Presented 1. 12 -18 Hartwell Avenue (Hartwell Square) Site Plan dated November 1, 2010. 2. Battle Road Scenic Bywa Presentation dated November 1, 2010. 3. Lexington Hazard Mitigation Plan presented by MACP and dated November 1, 2010. Upon motion duly made and seconded, it was voted to adjourn at 11:05 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting November 8, 2010 A regular meeting of the Board of Selectmen was held on Monday, November 8, 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 Mr. Cohen encourages residents of Lexington to take advantage of excellent speakers the Library brings to Town. Mr. Manz hopes that the Town will come out to celebrate Veterans Day on Thursday, November 11. Mr. Manz reminded the audience about the Library Book Sale being held November 19 through 20. Continued Liquor Hearing — Lexington Liquor Mart The ABCC has told us that Lexington Liquor Mart can transfer its liquor license from one location to another location (even though the current location is closed) and that it can be done during this renewal period as long as it has submitted all the ABCC required paperwork and it has a secure location. Lexington Liquor Mart has submitted all the necessary paperwork for a new location and a hearing will be scheduled for December 6 to approve the transfer. The hearing was closed. Finalize Motions for Special Town Meeting Mr. Addelson, Comptroller, reviewed the revised FY2011 revenues and proposed financing sources to fund the supplemental appropriations. The revised Property Tax Levy is $1,766,561 higher, which reflects final adjustments made because of new growth from the Shire construction. The other categories (state aid, local receipts, available funds, revenue offsets and enterprise receipts) have not changed. The available Net General Fund Revenues is $1,094,116 and if you add the budget surplus at the close of the 2010 Annual Town Meeting of $382.133, the surplus of the General Fund Reserve available for supplemental appropriations is $1,476,249. Article 2 requests $985,200 for the school and facility departments for the PBC mitigation. First $218,951 of unexpended balances of prior capital articles will be used and then $766,249 from the surplus in the General Fund Revenue. That leaves $710,000 which it is proposed be appropriated to the Stabilization Fund under article 4. Selectmen's Meeting— November 8, 2010 Mr. Kelley plans to bring an amendment request to the Special Town Meeting asking that the $975,200 (supplemental appropriations as follows, $33,600 for Schools, $541,500 for Facilities and $400,000 to replenish the Appropriation Committee reserve fund) be removed from Article 2. He will support using the $218,956 of unexpended balances from prior capital articles to replenish the Facilities budget. He is not interested in supporting any additional appropriations. He wants to send a message that the expenditure was not a good way to address the PCB mitigation problem. The Appropriation Committee reserve fund should not be replenished at this time. Mr. Valente reviewed the FY2011 potential changes to the health insurance budget. The savings include: $605,000 from the decreased Town contribution from 85 percent to 82.5 percent; $675,000 for the final FY2011 rates; $234,000 of budget reductions for 14 employees over counted; and $340,500 for a budget reduction because of fewer open enrollment changes. One new cost will be $684,400 of shared health savings with employees. The total potential net budgetary reductions will be $1,170,100. It is recommended that this amount be allowed to flow to Free Cash so it can be used for the FY2013 budget. Upon motion duly made and seconded, it was voted 5 -0 to allow the savings from the Health Insurance budget to flow to free cash. Upon motion duly made and seconded, it as voted 4 -1 (Kelley opposed) to approve the proposed motions subject to any minor and nonsubstantive changes. The Selectmen will not take a position on Mr. Kelley's amendment until he has provided a written version of it. Capital Planning Discussion with School Committee All School Committee members plus Dr. Ash, Superintendent and Ms. Dunn, Assistant Superintendent of Finance and Business joined the meeting. The School Committee was called to order at 8:30 p.m. The Selectmen and School Committee discussed capital planning. Mr. Addelson, Comptroller, reviewed the existing exempt debt service for the period FY2011 through FY2028, which shows capacity for new projects being added in FY2013. Dr. Ash reviewed the school's 10 year Facility Master Plan, which includes school projects at Hastings, Estabrook, Bowman, Bridge and the High School. On the municipal side roads and sidewalks, traffic mitigation issues, police and fire stations, Stone Building, White House and an upcoming override for the Minuteman Tech all need to be woven in with the school projects. Selectmen's Meeting — November 8, 2020 A big part of the process for selling all the projects will be education of the residents. Numbers and timelines need to be developed of all potential projects for both school and municipal. The School Committee adjourned at 10:15 p.m. Ratify Poll Vote — Support Letter for Adams Grant Upon motion duly made and seconded, it was voted to ratify a poll vote to send a letter of support for the Adams Grant to fund the Linger in Lexington program proposed by the Tourism Committee. Executive Session Upon motion duly made and seconded, it was voted 5 -0 by poll vote to go into executive session to discuss strategy with respect to collective bargaining and to reconvene in open session. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 10:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting November 9, 2010 A meeting of the Board of Selectmen was held on Tuesday, November 9, 2010, at 7:30 a.m. at the Fire Station, 45 Bedford Street. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Also Present: Mr. Donham, Donham & Sweeney Architects, Mr. Barrett, Public Facilities; Mr. Himmel and Mr. Brown from the Permanent Building Committee; and Fire Chief Middlemiss. Mr. Donham provided an overview of how Lexington's proposed new facility would compare to other recently build fire facilities, which also included a breakdown by square foot space for apparatus and support, public /lobby /dispatch, administration, indoor training, firefighter's quarters, building services and other non - program/non net areas. The Fire Station will need to expand as new business comes to town and the training needs are currently more intense, including the current need for a HazMat Team. The proposed new building's largest component is a large training area. The Permanent Building committee is looking for guidance from the Selectmen as to whether work should be started on the next phase and whether the Selectmen agree with the current proposed plan. The Selectmen have four options: fix floor, fix floor and do alterations necessary, add an addition or replace building with new. The Fire Station project needs to be balanced with the proposed school projects. Chief Middlemiss explained that the current location was the most efficient one in order to cover the entire town in a timely manner. If a third fire station was added it would require additional staff. The Selectmen would like further information on the cost for an interim fix for the floor. Mr. Kelley is not ready to bring the current plan before Town Meeting. He needs to review the location and program needs. It is important to look at options to fix the floor. Mr. Manz is prepared to move forward with the current plan. Ms. Mauger is prepared to move forward, but wants additional information on fixing the floor and is concerned about bringing the new schools and the fire station before Town Meeting. Mr. Burnell believes the floor needs to be fixed first then there will be time to address a new station. Mr. Himmel asked the Selectmen to decide the following: 1) verify report on floor and other needed items — don't do robust fix; 2) article for more robust fix and 3) placeholder for bid documents and position for override. Mr. Donham will finalize his report in about a week and that report will answer all the questions brought up at this meeting. The Selectmen will discuss again at their meeting on November 22. Selectmen's Meeting— November 9, 2010 Mr. Burnell suggested that it would be helpful if a chart was put together that showed schools and fire station on a debt schedule. Documents Presented 1. Lexington Fire Station and Police Station Schematic Design Study — Progress Report (Revised by Donham & Sweeney Architects November 9, 2010). 2. Overview and Graphs of the Full Fire Station Facility dated November 9, 2010 (Donham & Sweeney Architects). 3. Fire Station Comparative Data dated November 9, 2010 ( Donhan & Sweeney Architects). 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 November 15, 2010 A meeting of the Board of Selectmen was held on Monday, November 15, 2010, at 6:30 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. Chabot, Assistant to the Executive Clerk, were present. Cotton Farm Grant Award Lexington was one of 19 communities recently awarded a grant by the Massachusetts Department of Energy and Environmental Affairs to help municipalities purchase land for conservation. Lexington received $500,000 to help with the acquisition of the western portion of Cotton Farm. Ms. Weiss, who tracked the application process on behalf of Lexington's Community Preservation Committee, thanked Stuart Saginor of the Community Preservation Coalition, for informing her about the grant and getting her in touch with Celia Riechel at the Office of Energy and Environmental Affairs, who was very helpful and supportive. She also thanked Lexington's Conservation Department for filling out the application. Grant of Location — NSTAR Electric Company — Russell Road Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of NSTAR Electric to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located under the surface of Russell Road, southwesterly at pole 360/7 approximately 344 +/- feet northeast of Whipple Road a distance of about 36 +/- feet. Hearing — Amend Flammable Storage License — Cubist Pharmaceuticals, 65 Hayden Ave. Mr. Shaevitz of Ferrellgas, presented the request on behalf of Cubist Pharmaceuticals to amend a flammable storage license for temporary heat during a winter construction project. The Lexington Fire Department has reviewed the application and put conditions upon it. Upon motion duly made and seconded, it was voted 5 -0 to approve an Amended Flammable Storage License for Cubist Pharmaceuticals for the above ground storage, operation and maintenance of 3,200 gallons of propane to provide heat for 65 Hayden Avenue. Special Town Meeting Motions Mr. Addelson, Finance Director, presented a few minor changes to Article 2, Amend FY2011 Operating and Enterprise Fund Budgets, to add language under Article 2a, that a portion of the supplemental appropriation would be financed from the tax levy. Mr. Kelley presented a proposed amendment to Article 2, line items 1100 (supplemental appropriation for Lexington Public Schools' PCB mitigation costs), 2300 (Reserve Fund) and 2400 (Public Facilities). He believes that the Town has adequately determined that the PCB air measurements at Estabrook School are not the problem first suggested. The Selectmen will listen to the Town Meeting debate before taking a position. Selectmen's Meeting— November 15, 2010 Resignation — Ad Hoc Leary Land Property Community Housing Task Force Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Marilyn Fenollosa from the Ad Hoc Leary Land Property Community Housing Task Force, effective immediately. Consent Agenda Commitments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 5 -0 to approve the following water and sewer commitments: Commitment of Water /Sewer Charges for November 22, 2010 (Cycle 9) $188,615.58 Commitment of Water /Sewer Charges for Town -Wide Billing (Cycle 1) $2,104,914.61 Approve Saturdav Afternoon Burial at Westview Cemetery Upon motion duly made and seconded, it was voted 5 -0 to approve a 1:00 pm burial on Saturday, November 20, 2010 at Westview Cemetery. Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of October 25, 2010, October 29, 2010, and November 1, 2010. Upon motion duly made and seconded, it was voted to adjourn at 7:00 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Summit 2 November 18, 2010 A Summit was held on Thursday, November 18, 2010, at 7:30 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. 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. Parker and Mr. Michelson; All members of the Capital Expenditures Committee (CEC), except Ms. Stoltz and Mr. Hurley. FY 2012 Revenue Projections Overview Mr. Valente reviewed a chart that compared FY2011 revenue projections to the FY2012 revenue projections. The percent change for FY2011 was projected to be 3.38 percent and for FY2012 it is projected to be 3.14 percent. Presentation by Revenue Source Mr. Addelson presented information on the current revenue projections for FY2012, updated since Summit 1. The current revenue projection is $152,613,327, an increase of $2,038,060 that was presented at Summit 1. The current revenue projection is an increase of 3.8 percent from gross revenues in FY2011. For FY2012 the property tax levy is projected to grow $4.86 million (3.97 percent) and new growth is projected at $1.8 million. State Aid for FY2012 is projected to be the same as the FY2011 amount of $8,508,839. It is proposed that any reduction in state aid be offset by a Stabilization Fund appropriation or the use of undesignated free cash. The final state aid number will not be known until after the Annual Town Meeting. FY 2012 Local Receipts are projected to grow by 2.9 percent. Available Funds include: a) $7.6 million identified as available to fund the FY2012 budget; b) a major component is undesignated fund balance or free cash at $7.125 million; and c) amount of free cash proposed to support the FY2012 operating budget is $3.78 million. Policy Issues Mr. Valente reviewed the five policy issues that need to be considered for the FY2012 budget. 1. OPEB at $500,000; 2. Reduce Free Cash to support operating budget by $80,000; 3. Increase snow /ice budget by $100,000; Summit 2 —November 18, 2010 4. State Aid reductions offset by reserves; 5. Create Debt Service /Capital Stabilization Fund to reduce amount of debt exclusions for large capital projects that would be funded by ongoing revenues not needed to support the operating budget and one -time Free Cash, overlay surplus, etc. Establish Date for Summit 3 The next Summit will be scheduled for Wednesday, December 15, 2010 at 7:30 p.m. Documents Presented 1. FY2012 Revenue Projections, November 18, 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 November 22, 2010 A regular meeting of the Board of Selectmen was held on Monday, November 8, 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 Mr. Manz commented on the amazing performance of Mahler Symphony by the Lexington and Nashua Symphonies. Mr. Manz participated in a Human Rights Committee program on the 1971 protest and its aftermath. Mr. Manz mentioned that Lexington High School's Football Coach, Bill Tighe, is retiring after 52 years of coaching, 32 of those years in Lexington. The Thanksgiving Football game will be his last day of coaching. Mr. Manz reported that all residents would be receiving a new brochure entitled "Winter Storm Information ". Mr. Cohen, as Chair of the Library Trustees, thanked the Library staff for all the work they do. The Library received a letter saying they will receive the full amount of state aid for which the library would be entitled since there was no cut in library hours or the amount spent on purchasing of books. Also, the Library Book 3 -Day sale went very well. Town Manager Report The FY2011 budget included funding for a part-time housing consultant. Currently working on a shared housing staff person that would work for Bedford, Concord, Lincoln, Sudbury and Lexington. On December 20 there will be a presentation made to the Selectmen on how the new position will work. Citizen's Academy The 2 °d Citizen's Academy graduates were present at the Selectmen's meeting to discuss briefly their experience with the 9 -week class. FY2011 Tax Rate — Preliminary Presentation Mr. Jackson, Chair of the Board of Assessors, presented information to the Selectmen in preparation for setting the FY2011 tax rate on December 6, 2010. Information presented included: historical levy summary, Lexington's average single family dwelling assessment and tax percent change; tax rate shift options and property comparisons; comparable commercial Selectmen's Meeting— November 22, 2010 communities; top 25 communities by total assessed value; Aaa communities; and commercial, industrial and personal property /residential factors. Center Playfields Drainage Presentation Mr. Pinsonneault, Superintendent of Public Grounds; Mr. Livsey, Town Engineer; and Ms. Buczynski from Stantec presented information on the Center Playfields Drainage project. Phase I was approved at the 2010 Annual Town Meeting as a Community Preservation Project. Since then the Selectmen requested that more research be done on what is currently under the surface. Cleaning and sending a camera through the systems have found what the existing conditions are. Small changes have now been made to the project; all users are in favor of the proposed change. A timetable has been worked out and they would like to bid the project in late winter or early spring; work would start in late August and by May -June 2012 the playfield would begin to be used again. They requested approval from the Selectmen to move forward with the project as presented. Mr. Kelley is concerned that if Phase I work is done as planned it will affect the Phase 2 and 3 proposed work. He is also concerned about the underground storage units because there is no history of their use and what happens when they become problematic. A maintenance and monitoring plan will be put in place for the underground storage units. If the units are kept clean and clog free there should be no issues with the system failing. Phase 1 funding has already been approved, so given what is known about the existing conditions, additional funds will be requested for Phase 2 and to address Phase 1 issues. The goal of Phase 1 is to get a good surface for the playing fields. Mr. Kelley is concerned about the collecting points being overly taxed and feels Phase 1 should include work on the culvert. He requested a couple of weeks to vet the information received at the meeting. It is important for Phase 1 to proceed and to also proceed to get authorization for Phase 2 so work can be done in FY2012. The Selectmen delayed a decision until the December 6 meeting. Pavement Management Presentation Mr. Scarpati, Fay, Spofford and Thorndike, presented the findings from the recently completed roadway network analysis, including methodology, conditions of Lexington roadways and funding scenarios. Selectmen's Meeting— November 22, 2010 The study methodology included: a town -wide Pavement Inventory, pavement distress identification and quantification, pavement condition index calculated and calculation of a network priority ranking. Existing street conditions: 41.2 miles of roads that do not need any work; 43.1 need routine maintenance; 22.6 need preventative maintenance; 21.4 need structural improvements; and 9.6 need base rehabilitation. In order to adhere to the Pavement Management Theory, maintenance repairs should be made timely and major rehabilitation needs should be addressed as funding allows. Funding scenarios include: 1) historical budget - $1,250,000 annually for 10 years /prioritize poor roads; 2) historical budget - $12.5 million over 10 years /prioritize good roads; 3) maintain backlog funding scenario - $31 million over 10 years ($1,750,000 in FY2012 up to $4,000,000 in FY2019- 2021); 4) aggressive funding scenario - $22 million over 10 years ($3,250,000 each year from FY2012 to 2015 and $1,500,000 each year in FY2016 through 2021). It is recommended that Lexington: increase local roadway funding; continue pavement management, regularly practice preservation maintenance, rehabilitate poor roads and institute strong street opening rules and regulations. The bikeway was included in the analysis and a project is in the design phase and hope to start construction in early spring. They are also working on some bikeway intersection improvements. The study included collecting the conditions of sidewalks. The funding scenarios do not include sidewalks, only drains and culverts. Mr. Burnell suggests that sidewalks need to be included as part of the decision on street repaving. Mr. Kelley asked that the 1998 paving study be overlayed with the current study. He also requested an update on projects being held because of utility issues. Mr. Burnell requested information on what staffing issues there would be with the different scenarios and to make sure they are included. Fire Station Concept Study The Selectmen received a presentation on November 9 of the proposed new fire station options. Per the Board's request, they were provided with a copy of Architect's concept study report and a copy of the 2007 study of the fire station floor. Mr. Middlemiss, Fire Chief, responded to a question regarding having a 3` fire station. The headquarters location is in the right spot for required response times and with the 2 °d station covers over 75 percent of the Town. If a 3` location was put at the Old Reservoir, it would cover more than 90 percent of the town. The impacts of a 3` location would be response time for the ladder truck and the overlap of the response area. The estimated cost of a 3 ` station is $4 Selectmen's Meeting— November 22, 2010 million to build and then it would house an ambulance and an engine. Additional staff would be needed to staff a 2 °d ambulance and the ladder truck cannot be cross - staffed. The Selectmen asked about options for fixing the floor and what repairs to the building would be necessary. Not all issues have been explored. Mr. Kelley suggests that a structural repair company be contacted to get an estimate of how to shore up the floor. The Selectmen will discuss again at their meeting on December 6 and will need to decide whether to do nothing, design a new station, fix the floor, or consider building a 3` station. The Selectmen need to provide feedback in order for a capital plan to be put together. Approve Letter to Secretary of Transportation Mr. Valente explained that Mass DOT recently determined that the roadway over the Hartwell Avenue culvert (south of McGuire Road) needs a weight limit posting or reconstruction. A weight limit posting may not be practical, given the MBTA buses and heavy trucks going to Hanscom. Following a discussion with Representative Kaufman and given the regional use of the roadway, it is suggested that the Selectmen send a letter to the Secretary of MassDOT requesting that the project be included in the upcoming Transportation Bond Bill. Upon motion duly made and seconded, it was voted 5 -0 to send a letter to the Secretary of MassDOT requesting that the Hartwell Avenue culvert reconstruction project be included in the upcoming Transportation Bond Bill. Common Victualler — Royal India Bistro Upon motion duly made and seconded, it was voted to approve and sign a Common Victualler License for Kuldip & Sons, Inc., d. /b /a Royal India Bistro, 7 Meriam Street. Documents Presented 1. Center Playfields Drainage Stody by Stantec dated September 29 2009. 2. Pavement Management Study by Fay; Spofford & Thorndike, 2010. 3. 2010 Pavement Management Study dated November 2010. 4. Winter Storm Information brochure mailed to Lexington residents. Selectmen's Meeting— November 22, 2010 Executive Session Upon motion duly made and seconded, it was voted 5 -0 by poll vote to go into executive session to discuss strategy with respect to litigation and to reconvene in open session. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 11:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk