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HomeMy WebLinkAbout2010-12-BOS-min66 -1 Selectmen's Meeting December 1, 2010 A meeting of the Board of Selectmen was held on Wednesday, December 1, 2010 at 9:00 a.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. FY 2012 Budget Presentations Recreation Ms. Simmons, Recreation Director, presented the Recreation FY2012 Budget Requests. Level Service Requests: Recreation $1,208,336; Pine Meadows $529,999; and Indirect Costs $214,000. Total Level Service Budget $1,952,335. Department Goals: develop conceptual plan for the use /reuse and development of the Busa Farm property; manage active recreation projects; develop a Pet Waste Education program over the next year coordinating with community development and the Town Clerk; identify and develop strategies designed to lessen the need for the Pine Meadows Golf Club to subsidize the Recreation element; and work with the Finance Department, Town Manager's Office and Selectmen to review and update the Recreation Enterprise Fund policy. Capital Projects: Town Pool Renovation— $165,000; Center Playfields Drainage, Implementation Phase - $911,863; and Park Improvements, Athletic Fields - $50,000. Office of Community Development Ms. Mullins, Community Development Director, presented the FY2012 Community Development budget requests. Level Service Requests: Building and Zoning $492,893; Regulatory Support $201,487; Conservation $169,507; and Health $236,133. Total Level Service Budget $1,100,019. Program Improvement Requests: Contractual Temporary Staff - $18,500; Community Gardens on Dunback Meadow Conservation - $4,600; Part-time Conservation Ranger $11,650. Total Program Improvement Requests: $34,750. Department goals include: implement Laserfiche Document Imaging software; expand the microfilming and scanning programs to other divisions within the department; and implement permit tracking software. Health Goals: continue pandemic flu planning and develop Food Establishment Operation Policy. Conservation Goals: prepare and implement land management plans for each conservation area, implement the watershed stewardship program in collaboration with DPW; and implement Action Plan for Williard's Woods. 66 -2 Budget Presentations — December 1, 2010 Planning Ms. McCall - Taylor, Planning Director, presented the Planning FY2012 Budget Requests. Level Services Requests: Planning $274,375. Program Improvement Request: Zoning Cosultant - $50,000. Department Goals include: recodify the Zoning Bylaw to bring it into compliance with statute and case law utilizing consultant funded by Town Meeting; update the Development Regulations by sponsoring a symposium on street standards to work toward common standards that meet the needs of varied constituents from the Fire Department to the bicyclists to DPW; implement the transportation management plan for the Hartwell Avenue area, institute process for site plan review in the CM district, coordinating with the Building Commissioner; and explore affordable housing production options utilizing CPA and HOME funds. Town Manager Ms. Olsen, Management Intern, presented the Town Manager's Office FY2012 Budget Requests. Level Service Requests: Organizational Direction and Administration $572,862 and Human Resources $203,914. Total Level Service Budget $776,776. Program Improvement Requests: Administrative Assistant - Benefits Specialist - $68,120 and Office Furniture $20,000. Department Goals include: management the implementation of the Town Office Building renovation; implement a multi -year professional development plan primarily focused on middle managers; evaluate features and usability of Town's web presence and identify options for enhancement; continue to refine and implement administrative policies for the organization; and issue an RFP for a classification and compensation study for the Lexington Municipal Management Association. Town Committees Ms. Olson, Management Intern, presented the Town Committees FY2012 Budget Requests. Level Service Requests: Financial Committees $7,500; Miscellaneous Boards and Committees $4,500; Public Celebrations $33,000. Total Level Service Requests: $45,000. Program Improvement Request: Citizens' Academy Program Support - $750. Board of Selectmen Ms. Pease, Executive Clerk, presented the Board of Selectmen's FY2012 Budget Requests. Level Service Requests: Selectmen's Office $175,087; Legal $400,000; Town Report $7,000; and LCTV $400,000. Program Improvement Request: Lexington 300 Celebration - $6,000. 66 -3 Budget Presentations — December 1, 2010 The Selectmen requested that a representative of the 300 Celebration Committee come to a Selectmen's Meeting to explain how the events will be paid for and what the plans are. Authorize Town Manager to Executive Documents for Cotton Farm Closing Upon motion duly made and seconded, it was voted 5 -0 that with respect to (i) that certain Purchase and Sale Agreement dated as of August 2, 2010 between Thomas J. Cataldo, as Trustee of Cotton Farm Realty Trust, u /d/t dated December 9, 1996 and recorded with the Middlesex South Registry of Deeds in Book 26899, Page 28, Thomas J. Cataldo, as Trustee of Cotton Farm Realty Trust No. 2, u /d /t dated November 29, 2001 and recorded with said Deeds in Book 34323, Page 45 (collectively, the " Seller "), and the Town, on behalf of its Conservation Commission (the " Purchase and Sale Agreement "), regarding certain land containing approximately 4.21 acres shown as "Lot 1" on that certain plan entitled "Plan of Land Located in Lexington, Massachusetts (Middlesex County)" prepared by Meridian Associates, dated October 22, 2010 and recorded with said Deeds in Plan Book 02010, Page 775 (the " Marrett Road Land "), and (ii) that certain Real Property Donation Agreement dated as of August 2, 2010 between Thomas J. Cataldo, as Trustee of the Pacific Partners Realty Trust, u /d/t dated October 21, 1998 and filed with the Middlesex South Registry District of the Land Court as Document No. 108328, and the Town (the " Donation Agreement ") regarding certain land containing approximately 14.5 acres shown as Lot 2 on Lexington Assessor's Map 80 (the " Hartwell Ave Land "): To authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, to complete the purchase of the Marrett Road Land by the Town in accordance with the Purchase and Sale Agreement and the applicable Town Meeting vote, including without limitation signing any necessary amendments to the Purchase and Sale Agreement, a Deed Restriction for a portion of the remaining land of the Seller, a Driveway Easement over the Marrett Road Land as well as closing forms, documents and settlement statements. 2. To authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, for the Town to receive reimbursement for a portion of the purchase price for the Marrett Road Land under that certain Local Acquisitions for Natural Diversity (LAND) Grant Program of the Commonwealth of Massachusetts (the " Grant "), including without limitation signing a State Standard Contract, Land Project Agreement and Contractor Authorized Signatory Form in substantially the forms presented to the Board of Selectmen at the Board's December 1, 2010 meeting, the final terms and conditions of which shall be negotiated by and shall be acceptable to the Town Manager and town counsel in their reasonable discretion, as well as all other documents in connection with the Grant. 66 -4 Budget Presentations — December 1, 2010 To authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, to complete the donation of the Hartwell Ave Land to the Town in accordance with the Donation Agreement and the applicable Town Meeting vote, including without limitation signing any necessary amendments to the Donation Agreement as well as closing forms, documents and settlement statements. Set Date for Closing Warrant/Local Election and First Session of the 2011 Annual Town Meeting Upon motion duly made and seconded, it was voted to close the warrant for the 2011 Annual Town Meeting on January 3, 2011. Upon motion duly made and seconded, it was voted 5 -0 to set the date for the Local Election for Monday, March 7, 2011. Upon motion duly made and seconded, it was voted 5 -0 to set the date of the 1" session of the 2011 Annual Town Meeting for Monday, March 21, 2011. Documents Presented 1. Recreation Enterprise Requested Budget for FY2012. 2. Community Development Requested Budget for FY2012. 3. Planning Department Requested Budget for FY2012. 4. Town Manager's Office Request Budget for FY2012. 5. Town Committees Requested Budget for FY2012. 6. Board of Selectmen Requested Budget for FY2012. Upon motion duly made and seconded, it was voted to adjourn at 12:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 66 -5 Selectmen's Meeting December 2, 2010 A meeting of the Board of Selectmen was held on Thursday, December 2, 2010 at 8:00 a.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. FY2012 Budget Presentations Town Clerk Ms. Hooper presented the Town Clerk FY2012 Budget Requests. Level Service Requests: Town Clerk Administration $260,453; Board of Registrars $19,325; Elections $82,250; and Records Management $39,910. Total Level Service Budget $401,939. Department Goals include: development of coordinated Archives & Records Management Program, CPA support for historic records conservation and preservation and records indexing and Laserfische Document Imaging System implementation for records retention and electronic access. Capital Projects: Archives & Records Management/Records Conservation - $150,000. Human Services Ms. Rodgers, Human Services Director, presented the FY2012 Human Services Budget Requests. Level Services Requests: Administration $172,198; Community Programs $126,235; Human Services and Veterans Administration $90,186; Services for Youth $70,608; Senior Services $121,414; Developmentally Disabled $15,000. Total Level Service Budget $595,642. Program Improvement Requests: Part-Time Municipal Clerk $7,739 and Rental Contractual Services $3,000. Total Program Improvement Requests: $10,739. Departmental Goals: Implementation of safety and accessibility improvements to the Muzzey Senior Center; pilot a door to door transportation program for seniors and residents with disabilities; collaboration with Lexington Public Schools and Police to provide outreach, education and prevention services to youth of all ages and their families. Library Ms. Rawson, Library Director, presented the Library FY2012 Budget Requests. Level Service Requests: General and Technical Services $418,404; Adult Library $1,232,008; and Children's Library $361,830. Total Level Service Budget: $2,012,243. Department Goals include: 1. To provide a variety of rich, historical and current print and electronic resources for the public. 2. To promote the love of reading in order to encourage a community of lifelong learners. 3. To connect library users with the information they need. 66 -6 Budget Presentations — December 2, 2010 4. To serve as a physical as well as virtual "commons ": informational, cultural and social 5. To utilize appropriate technology to maintain, enhance and extend library services both within the library and beyond. 6. To provide a welcoming environment to all. Capital Projects: Cary Library Building Project - Material Handling and Workflow - $75,000. Finance Mr. Addelson, Comptroller, presented the Finance FY2012 Budget Requests. Level Service Requests: Comptroller $583,470; Revenue $370,330; Assessor $502,031; and Utility Billing $68,143. Total Level Service Budget $1,523,974. Program Improvement Requests: Principal Municipal Clerk - $57,917 and Residental Appraiser $84,294. Total Program Improvement Requests $142,211. Department Goals include: Assessing— perform triennial revaluation to property. Comptroller - implement electronic purchase order system and implement general billing for miscellaneous receivables. Treasurer /Collector — Continue progress in putting delinquent taxes into tax title to insure ultimate collection of past due amounts; move unpaid water and sewer bills onto tax bills preparatory to moving delinquent taxes (inclusive of unpaid utility charges) to tax title, thus insuring ultimate collection of past due utility bills; bid banking services; and bid bill printing services. MIS Mr. Addelson, Comptroller, presented the MIS FY2012 Budget Requests. Level Service Requests: MIS Administration $592,541 and Web Development $17,364. Total Level Service Budget $609,905. Department Goals: maintain stable and secure local area networks; provide on -going training and support to employees; maintain continuity of technical services during the Town Hall offices renovation; create self service improvements for Town employees and residents; develop GIS based improvements; and reduce technology energy burden via `green' initiatives. Program Improvement Requests: Meeting Room Improvements - $6,500; Remote Disaster Recovery Plan - $6,000 and GIS Data Acquisition and Maintenance - $15,000. Total Program Improvement Requests: $27,500. Capital: MIS Technology Improvement Program - $165,000; Replace Town Wide Phone Systems - $600,000 and Town Wide Electronic Document Management System - $410,000. Total Capital for FY2012 - $1,175,000. Economic Development Ms. Yanofsky, Economic Development Officer, presented the Economic Development FY2012 Budget Requests. Level Service Requests: Economic Development Office $86,125. 66 -7 Budget Presentations — December 2, 2010 Program Improvement Requests: Parking Management Implementation $10,000 and Lexington Center Improvements $15,000. Total Program Improvement Requests: $25,000. Documents Presented 1. Town Clerk Requested Budget for FY2012. 2. Human Services Requested Budget for FY2012. 3. Cary Memorial Library Requested Budget for FY2012. 4. Finance Department Requested Budget for FY2012. 5. MIS Requested Budget for FY2012. 6. Economic Development Office Requested Budget for FY2012. Upon motion duly made and seconded, it was voted to adjourn at 11:00 a.m. A true record; Attest: Lynne A. Pease Executive Clerk 66 -8 Selectmen's Meeting December 6, 2010 A meeting of the Board of Selectmen was held on Monday, December 6, 2010, at 7:00 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. Selectmen Concerns and Liaison Reports Mr. Burnell suggested that the Sustainable Lexington Committee take the lead in applying for any future grants related to being a "Green Community." Mr. Valente reported that the Town's staff has already been working on the next round of grant applications for Lexington as a Green Community. They will coordinate with the Sustainable Lexington Committee. Mr. Cohen thanked Mr. and Mrs. Kelley, Mr. Manz, the Boy Scouts, the Lexington Symphony and everyone involved with the wonderful events at the Holiday Festival Night in Lexington Center on Friday, December 3` Town Manager Report Mr. Valente updated the Board on the efforts to change out the street lights in Town with new energy efficient lights. He estimates that the work will be completed by the end of December and that the Town's electric bill will be reduced from approximately $260,000 to about $100,000 per year. Mr. Valente reported that he has appointed Mr. Pinsonneault to be the new Manager of Operations replacing Mr. Brooks when he retires in January 2011. Mr. Pinsonneault will begin his new position in January and has agreed to continue in his current position as Superintendent of Public Grounds for the next five or six months while the Town searches for a replacement for that position. Clarification of Vote Concerning Leary Structure Mr. Savage, Chair of the Ad Hoc Leary Property Housing Task Force, asked for clarification of the vote the Board took on November 1, 2010 in support of the request for $30,000 in CPA funds for the preparation of a design and development proposal for affordable housing on the Leary site, assuming the proposal does not include work on the existing structure. The committee was wondering whether they could use the $30,000 for any planning which included preservation of the Leary house even if it is not used directly for preservation of the house. Ms. Weiss, member of the Leary committee, stated that the neighbors were in support of preserving the house. The Board gave further clarification that the funds could not be used for any planning in association with the preservation of the existing house. 66 -9 Selectmen's Minutes — December 6, 2010 Housing Partnership Board Proposed Down Payment Assistance Program This item was delayed to a future meeting. Mr. Bicknell, Chair of the Housing Partnership Board could not be at the meeting. Grant of Location — Verizon — Blossom Street Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of Verizon New England to relocate existing pole 11/7 on Blossom Street a distance of 25 feet +/- South/Southwest of the existing location. Hearing — Lexington Liquor Mart — Change of Location Upon motion duly made and seconded, it was voted 5 -0 to approve the application for a change of location and issue an all alcoholic retail package goods store liquor license to Highpoint Liquors, LLC d /b /a Lexington Liquor Mart, 46 Bedford Street. Water /Sewer Appeal - Flowers This item was delayed to a future meeting. — FY2011 Tax Classification The Board of Assessors, Mr. Jackson, Chairman; Mr. Grant; Mr. Nugent, Town Assessor, and Mr. Addelson, Finance Director presented the information to the Selectmen to conduct a public hearing on the tax classification options available under Massachusetts General Laws and set a tax rate for FY 2011. Mr. Mehr, Precinct 3, asked the Board to increase the Commercial, Industrial, and Personal Property (CIP) factor to 1.75 %. Mr. Silverman, Precinct 3, suggested that the CIP factor be raised to 1.73 %. Mr. Smith, Chair of the Lexington Chamber of Commerce, asked the Board to lower the CIP factor to 1.65 %. Upon motion duly made and seconded, it was voted 4 -1 (Kelley opposed) to establish the residential factor of 1.70 for fiscal year 2011. Upon motion duly made and seconded, it was voted 5 -0 not to adopt the Open Space Discount for fiscal year 2011. Upon motion duly made and seconded, it was voted 5 -0 not to adopt the Residential Exemption for fiscal year 2011. 66 -10 Selectmen's Meeting — December 6, 2010 Upon motion duly made and seconded, it was voted 5 -0 not to adopt the Small Commercial Exemption for fiscal year 2011. Liquor License Hearing — Margaritas — Change of Manager Upon motion duly made and seconded, it was voted 5 -0 to approve the application for a change of manager and issue an all alcoholic common victualler liquor license to Lexington Mexican Restaurant Group, Inc. d/b /a Tio Juan's Margaritas Mexican Restaurant, 438 Bedford Street. Center Parking Study Results Mr. Valente presented a summary of the findings of the parking study of the Center recently completed by the Economic Development Office and the Center Committee with the assistance of a small State Grant. The consultant has made a number of suggestions. Mr. Valente wanted to know which suggestions the Board would like to proceed with and whether a member or two of the Board could assist the staff in implementing these ideas. Mrs. Mauger and Mr. Burnell will assist with moving things forward. Upon motion duly made and seconded, it was voted 5 -0 to move the project forward. Appointments 300 Anniversary Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint Benjamin Soule to the 300 Anniversary Committee. Lexington Council for the Arts Upon motion duly made and seconded, it was voted 5 -0 to appoint Emily Passman to the Council for the Arts for a three -year term to expire September 30, 2013. Town Report Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint Gloria Amirault to the Town Report Committee for a one -year term to expire September 30, 2011. Future Meetings This item was delayed until the December 7, 2010 meeting. 66 -11 Selectmen's Meeting — December 6, 2010 Consent Agenda Adjustments of Water and Sewer Charges 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 December 6, 2010 $- 5,404.73 Ratify Poll Vote — Eagle Letters Upon motion duly made and seconded, it was voted 5 -0 to send letters to Samuel Estabrooks and Ryan Woodhouse congratulating them on attaining the rank of Eagle. Ratify Poll Vote — One -day Liquor License — LHS Boys Basketball Booster Club Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license to the Lexington High School Boys Basketball Booster Club for a fundraiser at the Lexington Depot on Saturday December 4, 2010 from 7:30 pm to 11:00 pm. Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of November 8, 2010, November 9, 2010, November 15, 2010, November 18, 2010 and November 22, 2010. Executive Session Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes of November 8, 2010 and November 22, 2010. Upon motion duly made and seconded, it was voted to adjourn at 8:40 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk 66 -12 Selectmen's Meeting December 7, 2010 A meeting of the Board of Selectmen was held on Tuesday, December 7, 2010 at 8:00 a.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. FY2012 Budget Presentations Public Facilities Mr. Goddard, Public Facilities Director, presented the FY2012 Public Facilities Budget. Level Service Requests: Education Facilities $7,172,304; Municipal Facilities $1,585,917; and Shared Facilities $926,604. Total Level Service Budget: $9,684,825; which includes $322,668 from the Public Facilities Revolving Fund and $10,000 from the LexMedia Revolving Fund. Department Goals include: utilize work order and PM program to continuously improve equipment reliability; establish standards on service deliveries and monitor performances and identify opportunities for improvement; and support town -wide goals on facility energy efficiency resulting in a town -wide reduction in facility energy consumption. Capital Requests for FY2012: School Building Envelope Program $250,000; Clarke Auditorium Lighting and Technology Upgrade $100,000; Building Envelope $165,572; School Building Flooring Program $125,000; Bridge & Bowman Renovation $12,325,000; East Lexington Fire Equipment Doors Replacement $60,000; Lexington ADA Title II Survey $40,000; School Window Treatments Extraordinary Repair $100,000; School Locker Program $150,000; School Paving Program $75,000; LHS Overcrowding — Phase 1 $175,000; LHS Previous Sidewalk and Landscape $40,000; LHS Way Finding Signs $25,000; LHS Science Lecture Hall Replacement Seating $75,000; Diamond Sidwalk Extension from New Development $10,000; Hastings School French Drain $50,000; Clarke Paving Improvements for Pedestrian and Vehicle Traffic $125,000; Estabrook School Feasibility $1,050,000; LHS Green Repair $6,096,100; Diamond Modular Extraordinary Repair $75,000; Public Address Improvement Gym and Locker Rooms $25,000; Clarke Outdoor Basketball Court $20,000; Hastings Window Screens $25,000; Reconfigure & Redesign K -5 Curriculum Rooms 3, 4 and 5 at Central Office $45,000 and School Modifications for Enrollment $50,000. Total Capital Requests for FY2012 $21,276,672. Police Chief Corr presented the FY2012 Police Budget. Level services requests: Police Administration $1,198,225; Patrol & Enforcement $3,007,046; Parking Operations $78,257; Investigations $648,942; Dispatch $565,259; Animal Control $31,669; and Crossing Guards $135,609. Total Level Services Budget: $5,665,007. 66 -13 Budget Presentations — December 7, 2010 Department Goals: continue the training and job familiarization for the newly promoted Captains, Lieutenants and Sergeants while also advancing the basic training of 4 newly hired officers; advance the space needs study of the police station into the subsequent stages of design and engineering; and complete the program of updating the Department's policies and procedures and convert them to an on -line medium with the ultimate goal of achieving Accreditation recognition. Program Improvement Requests: Traffic Safety Officer $69,467; Backfill — Center & Desk Officer Overtime $72,816; Crime Prevention and Safety Officer $69,467; Support Vehicles $25,000; Computer Forensic and Information Specialist $83,338; Uninterruptible Power Systems $8,916 and Supplement Animal Control/Parking Enforcement. $6,200. Total Program Improvement Requests: $337,432. Future Meetings The Selectmen will schedule meetings for the following dates: January 10, 24 and 31, February 7, 14 and 28 and March 14. Documents Presented 1. Department of Public Facilities Requested Budget for FY2012. 2. Police Department Requested Budget for FY2012. 3. Department of Public Facilities Requested Budget for FY2012. Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 66 -14 Selectmen's Meeting December 8, 2010 A meeting of the Board of Selectmen was held on Wednesday, December 8, 2010 at 8:00 a.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. FY2012 Budget Presentations Fire Chief Middlemiss presented the Fire Department FY2012 Budget Requests. Level Service Requests: Fire Administration $288,608; Fire Prevention $189,230; Fire Suppression $4,552,792; Emergency Medical Services $131,470; Emergency Management $28,840; Total Level Service Budget: $5,190,940. Program Improvement Requests: Assistant Chief - Director of EMS $107,757; Additional Clerical Hours $6,900 and 4 Fire Lieutenants $19,318; Total Program Improvement Requests: $133,975. Department Goals: Headquarters design; remove overhead fire alarm cables, which is three - quarters complete; and improve and develop better accountability methods for training sessions. Capital: Replacement of Ambulance $240,000; Public Safety Radio Connectivity $387,517; and Firefighter protective turnout gear $88,000: Total Capital $715,517. Public Works Mr. Hadley presented the Public Works FY2012 Budget Requests: Level Service Requests: DPW Administration $531,811; Town Engineering $575,877; Street Lighting $265,375; Highway $1,105,380; Road Machinery $694,097; Snow Removal $990,649; Parks Division $916,275; Forestry $288,826; Cemetery $309,940; Refuse Collection $754,290; Recycling $1,146,860; Refuse Disposal $618,800; Lexpress $558,757; Parking Operations $143,999. Total Level Service Budget: $8,900,935. Program Improvement Requests: New Traffic Signs $4,950; Turf Maintenance $16,000; Minuteman Bikepath Maintenance $15,000; W -4 Heavy Equipment Operator (Compost Facility) $55,990; Road Saw Purchase $4,500; and Catch Basin Repairs $30,000. Total Program Improvement Requests: $126,440. Department Goals include: Continue the American Public Works Association self assessment portion of the accreditation process; support implementation of GIS; explore long -term alternative disposal options for refuse disposal and collection; work with the Energy Committee to improve energy efficiency and savings; and establish a regular tree planting program. 66 -15 Budget Presentations — December 8, 2010 Capital: South Lexington Transportation Master Plan $135,000; Street Improvements $1,265,000; Sanitary Sewer System Improvements $1,200,000; Dam Repair $70,000; Battle Green Monument Restoration $50,000; Town Wide Culvert Replacement $65,000; Westview Cemetery Irrigation — Phase 3 $35,000; Equipment Replacement $484,522; Storm Drainage Improvements $500,000; Hastings Park Irrigation $70,000; Hydrant Replacement Program $50,000; Comprehensive Watershed Storm Water Management $50,000; Town -wide Signalization Improvements $42,000; Pump Station Upgrades $100,000; Automatic Meter Reading System $707,250; Sidewalk Improvement $200,000 and Street Acceptance $375,000. Total Capital $5,398,772. Water Enterprise Mr. Hadley presented the FY2012 Water Enterprise Budget Requests: Water Operations $1,802,219; MWRA $4,565,881; Indirects $820,952. Total Water Enterprise Budget $7,189,052. Department Goals include: continue with the hydrant maintenance program; continue seeking out the last 2 percent of meters that have not been changed out; implement a backflow /cross connection program; reduce the amount of Pit Meters in town and change out the manual reads on the ones that cannot be eliminated; and continue to update all the water connection "paper tie cards" for GIS implementation. Sewer Enterprise Mr. Hadley presented the FY2012 Sewer Enterprise Budget Requests: Sewer Enterprise $1,222,918; MWRA $6,404,432; Indirects $646,217. Total Sewer Enterprise Budget $8,173,567. Department Goals include: continue to rehab and refurbish all 9 pump stations and bring them up to OSHA standards; clear and repair all access routes to all sewer easements; prioritize and repair problem areas; continue pipe flushing program and root removal in all problem areas; and initiate an educational program for the entire Town as to the costs and problems created by inflow and infiltration. Documents Presented 1. Fire Department Requested Budget for FY2012. 2. Department of Public Works Requested Budget for FY2012. 3. Water Enterprise Requested Budget for FY2012. 4. Sewer Enterprise Requested Budget for FY2012. Upon motion duly made and seconded, it was voted to adjourn at 11:05 a.m. A true record; Attest: Lynne A. Pease, Executive Clerk 66 -16 Selectmen's Meeting December 20, 2010 A regular meeting of the Board of Selectmen was held on Monday, December 20, 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 Ms. McKenna, 9 Hancock Street, thanked the DPW for fixing a sewer problem, but there are now intrusive markings left on the sidewalks and roads. She would like to work with the Town to see if there are ways to mark sidewalks and streets that are not permanent, especially in historic areas. Mr. Mehr, Town Meeting Member from Precinct 3, asked to be put on record asking for an answer to why the property at 95 Hayden Avenue, which was recently rezoned and worth $7 million, will not be added to new growth. Selectmen Concerns and Liaison Reports Mr. Manz reported that the Busa Land Use Proposal Committee ( BLUPC) will be presenting their interim report to the Selectmen on January 10 and that the Selectmen will then review the report and meet with the BLUPC at a time to be determined to discuss in more detail. Ms. Mauger updated the Board on the status of demolition of the Hangar 24 at Hanscom. Save our Heritage and others have petitioned the court for a stay on the demolition of Hangar 24 and asked for reconsideration of the process. HATS is asking for each Town to send a letter supporting an Amicus Brief, which is due December 24. Mr. Kelley requested additional information. Upon motion duly made and seconded, it was voted 4 -1 (Kelley asked for additional information) to support the amicus brief regarding Hangar 24. Town Manager Report As of December 17, 1300 of the 2400 light fixtures had been changed to the new style. When all light fixtures have been changed over it will reduce the Town's electric bill by $160,000 per year or 60 percent. Mr. Valente has been working with the Transportation Advisory Committee (TAC) on a grant application for up to three electric charging stations (Hayden/Spring, Hartwell and downtown). Mr. Valente will provide the Selectmen with a copy of the grant application. 66 -17 Selectmen's Meeting — December 20, 2010 Police Chief Corr reminded residents that the Police in Lexington and many other communities will take an aggressive stand on drunk driving and will have extra patrols out from December 16, 2010 through January 2, 2011. There will be a new bond bill for Chapter 90 funds coming out late February /early March, and when it is filed the Selectmen will be asked by staff to send a support letter to Lexington's Legislators to help get the bond bill passed. Tax Classification Update After the FY2011 tax rate was voted by the Selectmen and approved by the Department of Revenue (DOR), staff discovered an error in reporting the property values established for Shire HGT. Property values net of the TIF for Shire should have been included in calculating the FY2011 tax rate. Instead, gross values for Shire were submitted. DOR's position is that they do not have the authority to recertify a tax rate once it has been approved. In the absence of being able to correct this error, the Town will incur a charge of approximately $535,000 against the Overlay reserve account because Shire will be granted an abatement for the overcharge. Staff believes that the only opportunity to resolve this matter is to request that the Governor submit a Home Rule petition on behalf of the Town seeking legislative relief. Staff has been working with Senator Donnelly and Representative Kaufman to draft the legislation petition which, if feasible, would need to be considered by the Legislature during the remaining days of the legislative session. The process begins with the Board of Selectmen requesting that the Governor submit the legislative petition on the Town's behalf. Mr. Valente provided the proposed letter and legislation to the Selectmen for review. Mr. Kelley feels the Town could do some internal adjustments to handle the $535,000. Mr. Valente stated it is a lot of money and the Town may see further cuts in state aid. The impact will not show until 2 -3 years from now. The Selectmen asked Representative Kaufman and Senator Donnelly if our request could impact other initiatives. They both agreed there would not be negative impact and are exploring options for the suggested legislation and suggested the Selectmen should send the letter and legislation to the Governor. Mr. Mehr wants to make sure that the Selectmen have a new tax classification hearing. The Selectmen understand that if a change is made they will be required to have another tax classification hearing. Mr. Burnell stated it was a simple accounting error that the Town needs to try to correct. 66 -18 Selectmen's Meeting — December 20, 2010 Upon motion duly made and seconded, it was voted 5 -0 to approve and sign a letter to Governor Patrick seeking legislative relief that will allow the Department of Revenue to recertify the Town's FY2011 tax rate, and further to urge the legislature to seek other ways to address this issue. A tax classification hearing will be scheduled for January 3, 2011, at 7:30 p.m. Center Plavfield Drainage Mr. Kelley met with staff on the proposed plan and he believes it will work well for Phases 1 through 3. Upon motion duly made and seconded, it was voted 5 -0 to move forward with the Center Playground Drainage — Phase 1 Project, as presented. Approve Changes to Minuteman Bikeway Snow Removal Procedures Staff from the Police, DPW and Town Manager's Office worked with representatives from the Bicycle Advisory Committee to make changes to the snow removal program for the Minuteman Commuter Bikeway. The primary change is to allow certain crossing gates to remain open to facilitate snow removal without compromising public safety. Ms. McKenna, 9 Hancock Street, requested that the gates near homes be secured so they do not swing and bang. Ms. Enders, Chair of the Bicycle Advisory Committee, reminded residents that the cost of plowing the bikeway is from donations and costs about $3,000 per snow event. Upon motion duly made and seconded, it was voted 5 -0 to approve the Minuteman Commuter Bikeway Procedures for Snow Removal, dated December 20, 2010, as presented. Shared Services Agreement — Affordable Housing Administration The Selectmen recommended, and Town Meeting approved, $20,000 in the FY2011 Planning Department budget for staff support for affordable housing administration. Before filling the position, Town staff contacted neighboring communities to see if there could be an opportunity for a group of communities to jointly share these staff services. The Towns of Bedford, Concord, Lincoln, Weston and Sudbury expressed interest. With technical assistance from MAPC, a shared services model was developed among the six communities. LexHAB and Housing Partnership have reviewed the model and support shared services model. MassHousing also supports the model. 66 -19 Selectmen's Meeting — December 20, 2010 Ms. Jennifer Raitt, MAPC, reviewed her analysis of the housing administration needs for the six communities. Ms. Beth Rust, Sudbury Housing Administrator, reviewed the model for each community to contract with Sudbury to share the housing administration services. 66 -20 Selectmen's Meeting — December 20, 2010 Mr. Valente stated that the Inter - Municipal Agreement between the Town of Lexington and the Town of Sudbury is being fine -tuned and he is requesting that the Selectmen say whether they support the program. The Selectmen asked questions about the allocation of fees, a database of the housing inventory, home fund process. Mr. Burnell wants to make sure that Lexington has some sort of opt -out ability. Upon motion duly made and seconded, it was voted 5 -0 to continue working on the Inter - Municipal Agreement and return to the Selectmen with a final document for signing. Housing Partnership Down Payment Assistance Program Mr. Bicknell, member of the Housing Partnership Board, explained the Down Payment and Closing Cost Assistance Program. The program approach is to provide down payment and closing cost assistance to qualifying first -time homebuyers using the HOME Funded Program and the Privately Funded Program. He is requesting approval to participate in the program and stated that the Housing Partnership Board has $10,000 they can use to try the program. The Selectmen had questions about whether staff had time to provide support to the program and whether the Community Preservation Committee would be supporting the request for $30,000. They also would like to know the true costs before moving forward with the program. Mr. Kelley suggested using the initial $10,000 to do one transaction to track and see how the process goes. Upon motion duly made and seconded, it was voted 4 -0 -1 (Burnell abstained) to allow the Housing Partnership Board try the program using the $10,000 to see what can be achieved. Mr. Valente will ask Town Counsel to review the program and that cost will be taken from the $10,000. Cotton Farm Financing Bond Counsel prepared the documents relating to the financing of the Cotton Farm purchase. Mr. Cataldo agreed to accept payment for this purchase over a two -year period (August 2011 and August 2012) at a zero percent interest rate. Due to the requirements of the $500,000 Land grant the Town will receive we need to make the first payment of $1,300,000 to Mr. Cataldo before the end of FY 2011. This means the Town will need to borrow these funds, short term, before June 30 in order to make the payment to Mr. Cataldo. 66 -21 Selectmen's Meeting — December 20, 2010 Upon motion duly made and seconded, it was voted 5 -0: (1) that the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $1,000,000 (the "Bonds ") pursuant to Chapter 44 of the General Laws and a vote of the Town passed May 10, 2010 (Article 9), which authorized a total borrowing of $2,300,000 for acquiring, for conservation purposes including outdoor recreation, any fee, easement or conservation restriction or other interest in any part of land shown as Lots 90B and 60B on Assessors' Property Map 31 (the "Project "); (2) that in anticipation of the issuance of the Bonds the Treasurer is authorized to issue a bond anticipation note (the "Note ") in an aggregate principal amount of $1,000,000; (3) that the Note, which shall not bear interest, shall be dated as of December 20, 2010, shall mature on August 15, 2012, shall be issued as a single registered security, and shall be delivered to Cotton Farm Realty Trust (the "Purchaser ") together with other funds of the Town in exchange for title to land of the Purchaser authorized to be acquired by the Town under Article 9 of the Warrant at the Town Meeting held on May 10, 2010; (4) that all action taken to date by the Town and its officers and agents to carry out the Project and its financing, are hereby ratified, approved and confirmed; and (5) that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of this vote. Liquor Hearing — Change of Manager at Buca di Beppo Upon motion duly made and seconded, it was voted 5 -0 to approve the application for a change of manager and issue an all alcoholic common victualler liquor license to BUCA Restaurant, Inc. d/b /a Buca di Beppo, 20 Waltham Street. Selectmen Appointments Communications Advisory Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint John Rudy to the Communications Advisory Committee for a term to expire September 30, 2011. Council for the Arts Upon motion duly made and seconded, it was voted 5 -0 to appoint Reginald Gibson to the Council for the Arts for a term to expire September 30, 2012 to fill the unexpired term of Elizabeth Rosen. License Renewals Upon motion duly made and seconded, it was voted 5 -0 to approve the following license renewals for 2011. 66 -22 Selectmen's Meeting — December 20, 2010 Liquor — Clubs Knights of Columbus Lexington Elks Lexington Golf Club Lexington VFW Liquor — Restaurants Bertucci's Brick Oven Ristorante Buca di Beppo Dabin Restaurant Ixtapa Cantina Mexican Family Restaurant Khushboo Lemon Grass Restaurant Lexx Nourish eat well -live well Royal India Bistro Ruyi Restaurant Tio Juan's Margaritas Restaurant Upper Crust Via Lago Waxy O'Connor's Yangtze River Restaurant Liquor — Innholder Aloft Lexington Element Lexington Liquor — Package Stores Berman's Wine & Spirits Busa Brothers Liquors, Inc. Lexington Liquor Mart Nikki's Fine Wine & Spirits Omni's Crushed Grapes & More Vinebrook Bottle Shop Liquor— Wine and Malt Daikanyama Japanese Cuisine Class I Lexington Toyota Class II A to Z Auto Wholesale Auto & Diesel Sales Autobahn East Lexington Auto Group Lexington Auto Sales Minutemen Tech Automotive, LLC Class III John P. Carroll Company, Inc. Automatic Amusements Aloft Lexington (2) Lexington Elks (3) Lexington VFW (5) Waxy O'Connor's (2) Common Carrier Boston Tours (2) Joseph's Transportation (5) 66 -23 Selectmen's Meeting — December 20, 2010 Common Victualler Alexander's Pizza Aloft Lexington Bertucci's Brick Oven Ristorante Bollywood Caf6 Bruegger's bagel Bakery Buca di Beppo Dabin Restaurant Daikanyama Japanese Cuisine Dunkin Donuts, 10 Woburn Street Dunkin Donuts, 373 Waltham Street Dunkin Donuts, 141 Mass. Avenue Dunkin Donuts, 317 Woburn Street Element Lexington Ixtapa Cantina Mexican Family Restaurant Khushboo Knights of Columbus Lemon Grass Restaurant Lexington Elks Lexington Golf Club Lexington House of Pizza Lexx Restaurant Mario's Italian Restaurant Mcdonald's Minuteman Regional Vocational Technology School District Nick's Place Nourish eat well -live well Peet's Coffee & Tea Pine Meadows Golf Club Prime Roast Beef & Seafood Quality Inn & Suites Rancatore Ice Cream Ride Studio Caf6 Royal India Bistro Ruyi Restaurant Starbucks Coffee, 1729 Mass. Avenue Starbucks Coffee, 60 Bedford Street Three Gorges of Lexington Tio Juan's Margaritas Mexican Restaurant Upper Crust Via Lago Waxy O'Connor's Yangtze River Restaurant 66 -24 Selectmen's Meeting — December 20, 2010 Entertainment Aloft Lexington Buca di Beppo Element Lexington Lexington VFW Lexx Restaurant Nourish eat well -live well Prime Roast Beef & Seafood Ride Studio Cafe Ruyi Restaurant Starbucks Coffee Tio Juan's Margaritas Mexican Restaurant Upper Crust Waxy O'Connor's Lodging/Innkeeper Aloft Lexington Element Lexington Quality Inn & Suites Wild Acre Inn Consent Agenda Ratify Poll Vote — Use of Battle Green Upon motion duly made and seconded, it was voted 5 -0 to ratify a poll vote allowing an active Army Command out of Natick Soldier Systems Center to have a reenlistment of Sgt. Joseph Schnell on the Battle Green on Tuesday, December 14, 2010 at 1:30 p.m. Approve No Parking Regulation — Sheila Road Upon motion duly made and seconded, it was voted 5 -0 to approve the proposed establishment of a no parking area along both sides of Sheila Road from the intersection of Circle to the end of Sheila and at the end of Sheila. 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 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 position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 11:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 66 -25 Summit 3 December 21, 2010 A Summit was held on Tuesday, December 21, 2010, at 7:45 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. Chabot, Assistant to the 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), all members of the Capital Expenditures Committee (CEC). Review FY2012 Revenue Allocation Model Mr. Valente reviewed the allocation of FY2011 revenue between Municipal Departments and the School Department. There is almost a $3.7 million increase in total incremental revenue for FY2012. The School share of incremental FY2012 revenue (approximately $2.6 million) and the Municipal share (approximately $1 million) represent a 3.8 % increase over FYI 1. Mr. Addelson presented the FY2012 revenue allocation model showing the $3.7 million total incremental revenue after various set asides. 71.6 % of incremental revenue is allocated to the Schools and 28.4% is allocated to municipal departments. Continue Discussion on Use of Free Cash Reserves Mr. Valente presented policy issues for consideration and asked for a consensus Summit decision regarding the use of Free Cash: • $500,000 for the OPEB Reserve Fund • $1,270,000 for Cash Capital • $200,000 for unanticipated FYI needs • $100,000 of Library Settlement for Facilities Department • $216,885 return to CPA (Bond premium) • $100,000 to increase the Snow/Ice budget • $958,115 for unidentified needs • $3,780,000 to support the FY12 operating budget Mr. Valente reminded the group that the Town could likely see a reduction in State Aid. Of the $958,000 set aside for unidentified needs, there is about $425 - $450,000 in play which could be used for additional capital, flow back to free cash, or used for programmatic needs. The general consensus of the group was to continue to work with these policy issues. Continue Discussion— School Capital Projects Dr. Ash, Superintendent of Schools, presented the proposed changes to the Bridge and Bowman Elementary Schools. The 2010 annual Town Meeting approved funding in support of the 66 -26 Summit 3 — December 21, 2010 renovation projects and a sub - committee was formed to work with the architects on design documents. While the master plan base scope or 0 -10 year priority matrix addresses the deferred maintenance issues at both schools, the sub - committee identified additional recommendations to improve utilization of the building over the next 20 years. Estimated costs for the original 10 year project total approximately $14,000,000 and for the expanded 20 year project, approximately $20,000,000. The School Committee voted to support the expanded project. Dr. Ash also presented a timeline for the Bowman, Bridge and Estabrook projects. If Dr. Ash hears in February or March 2011 that the Massachusetts School Building Authority approves the emergency SOI for the Estabrook School, there would need to be an appropriation at the Annual Town Meeting for the design and engineering process. Work on the Bridge and Bowman Schools would be done during the summer of the 2012 — 2013 school year and Estabrook would be right after. The School Committee gave the Estabrook project a higher priority than the High School. Proposed Warrant Article — Notice of Reconsideration Procedure Mr. Kanter and Mr. Weiss presented a warrant article on Amending the Code of Lexington regarding Reconsideration and Reopening and a motion on Amending the Code of Lexington regarding Reconsideration and Reopening. Ms. Brown, Town Moderator, was very pleased with what was being brought forward. Upon motion duly made and seconded, it was voted 5 -0 to put this article in the warrant as a Selectmen sponsored article, pending review by Town Counsel. Establish Date for Summit 4 The next Summit will be scheduled for Wednesday, January 19, 2011 at 7:30 p.m. Documents Presented 1. Town of Lexington Financial Summit 3 - FY2012 Revenue Allocation 2. Lexington Public Schools Presentation on the Proposed Renovations to the Bridge and Bowman Elementary Schools 3. Lexington Public Schools — Bowman/Bridge Renovation Project 4. Proposed Timeline for Bowman, Bridge, and Estabrook Projects 5. Talking Paper on Amending the Code of Lexington — Reconsideration & Reopening Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m. A true record; Attest: Diana B. Chabot, Assistant to the Executive Clerk