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HomeMy WebLinkAbout2011-01-BOS-minSelectmen's Meeting January 3, 2011 A regular meeting of the Board of Selectmen was held on Monday, January 3, 2011, at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Mr. Addelson, Comptroller, were present. Tax Classification Hearing There was a short presentation by Rob Addelson to explain where we are in the legislative relief process. The bill to allow DOR to consider new figures is before the governor, but it has not been signed. If it is signed it will be brought to the attention of DOR which will then open the electronic portal to allow us to submit our revised figures. A new information packet will be drafted after the portal has been opened by DOR. Mr. Mehr asked to be heard and was recognized. Mr. Mehr feels that 95 Hayden Avenue is not assessed correctly and that there should be an increase in at least one section of the parcel which would constitute new growth for which the Town should be compensated. Mr. Addelson replied that while there was a change in value of a portion of the parcel, a reallocation of value across the entire parcel caused no net change and therefore there was no new growth realized. Mr. Burnell felt that Mr. Mehr's ideas about commercial valuation are not correct. Mr. Mehr's comments were noted by Mr. Manz. Upon motion duly made and seconded, it was voted 4 -0 to continue the hearing until 7:45 p.m. on January 10, 2011. Upon motion duly made and seconded, it was voted to adjourn at 8:00 p.m. A true record; Attest: Hank Manz Chairman Selectmen's Meeting January 10, 2011 A regular meeting of the Board of Selectmen was held on Monday, January 10, 2011, at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Water /Sewer Abatement Board Appeal — Flowers Mr. and Mrs. Flowers, 44 Greenwood Street, appeared before the Board to appeal the recommendation of the Water and Sewer Abatement Board's (WSAB) regarding their application for abatement. They provided the board with calculations of what they believe their abatement should be. The Selectmen will take the information received under advisement and get back to the Flowers within 30 days. Mr. Valente stated that the staff agrees with the Flowers' calculations, except they feel the daily use amount is understated. Fire Station Study Update Mr. Goddard, Public Facilities Director, provided information regarding temporary shoring of the equipment bay at the Fire Station, modular office space for the Fire Headquarters Administration and recommendations of the Public Facilities and Permanent Building Committee. Shoring estimates are Donham & Sweeney - $450,000; Isaac Blair & Company Base Cost $96,800 to install timber. Shoring recommendation is to contract with an A &E firm to complete drawings and specifications to eliminate any unknowns (approximately cost $10,600). The modular estimate is $106,024, which includes delivery, setup, connections, monthly rental costs and removal of modular units for a 24 month period. The recommendation is to contract Donham & Sweeney at a cost of $7,300 to extend the study, meet with the Fire Chief to develop space needs for modular administration space and resolve any unknowns. The capital article recommendation is to request a total of $700,000, which includes $450,000 for the floor shoring, $250,000 for the modular offices. It is estimated that the shoring of the fire station floor would provide 5 to 7 years of additional life and if inspections and maintenance are done regularly the floor could last much longer. Upon motion duly made and seconded, it was voted 4 -0 to continue with plans to shore the fire station floor and bring in modular units for the administrative staff. Selectmen's Meeting — January 10, 2011 Tax Classification Hearing The first tax classification hearing to establish the FYI 1 tax rate was held by the Selectmen on December 6, 2010, which was followed by a selection of a tax rate. Subsequent to that vote, staff determined that the gross assessed values for the Shire property were used in calculating the tax rate rather than the net values which took the TIE into consideration. The Board is being asked tore -vote the FY11 tax rate. Pursuant to requirements of state law, the Board must hold another tax classification hearing before it revotes a tax rate. Mr. Jackson, Chair of the Board of Assessors, presented the revised tax classification information. Mr. Sandy asked the Selectmen to consider making the CIP higher to give relief to residents and increase the taxes for commercial. Mr. Patrick asked the Selectmen to either not revote the residential factor or vote a higher residential factor. Mr. Smith, President of the Chamber of Commerce, stated that Lexington is reaping the benefits of Shire being in town. He recommends the CIP factor stay at 1.70 or go lower to 1.68. The Selectmen reminded the audience that if we did not have Shire and other commercial businesses, taxes would be a lot higher. Shire has exceeded the number of employees they expected to hire; they gave $50,000 to the Library, $30,000 to the selectmen; set up a scholarship and the Town received a state grant for $1.9 million for infrastructure. Upon motion duly made and seconded, it was voted 3 -1 (Mauger opposed) to establish the residential factor of 1.70 for fiscal year 2011. Upon motion duly made and seconded, it was voted 4 -0 to not adopt the Open Space Discount for fiscal year 2011. Upon motion duly made and seconded, it was voted 4 -0 to not adopt the Residential Exemption for fiscal year 2011. Upon motion duly made and seconded, it was voted 4 -0 to not adopt the Small Commercial Exemption for fiscal year 2011. Busa Land Use Proposal Committee Interim Report Mr. Horton, Chair of the Busa Land Use Proposal Committee, presented the Interim Report of the Committee. The Committee requests clarification on submittal of their report. Selectmen's Meeting — January 10, 2011 The Selectmen thanked the Committee for all their work to date. They will ask the Committee what it recommends and hope the Committee will explore the finances of a community farm, if a recreation field was built whether there is appropriate space for it, what the housing options are and to explore parking issues that may arise for all options. It was suggested that the Committee talk to LexHAB regarding the model they follow to build scattered site houses in Lexington. The Selectmen would like the report to include an evaluation of proposals and what their recommendations are. After a final report is provided to the Selectmen, which they expect to be in about a month, the Selectmen will plan one or two meetings with the entire Committee to review how they evaluated the plans and how they see the options working on the site. Ms. McKenna, Precinct 6, asked three questions: how does the Town resolve the issue of the property being purchased for public use with CPA money and then allow a private farm organization to use it; what role does Arlington play in the Committees recommendations; and how did the Committee evaluate the different plans (Town versus independent). Mr. Manz stated that the Selectmen and Community Preservation Committee are looking into this and will answer the question regarding the use of CPA money. Presentation of the Draft Battle Green Master Plan (BGMP) Ms. McKenna and Ms. Brockway, Consultant with Past Designs, LLC, presented a Draft of the Battle Green Master Plan. The Battle Green Master Plan Group, a subcommittee of the Tourism Committee, will continue to accept comments /feedback on the Plan until February 1. They will then finalize the plan and ask the Selectmen to approve the Battle Green Master Plan in February /early March. The Group is working on two pieces of information: a budget for implementing the entire project, and suggested changes to the Battle Green Rules and Regulations concerning the use of firearms. When the information is complete it will be sent electronically to the Selectmen. All documents done previously to shows how the Battle Green has evolved over time have been compiled. Need to remember that the Battle Green is a battle site, a graveyard and a town common that is used for multiple purposes. The defining principals of the report are to: expand the definition of the Battle Green area to include the Burying Ground, Belfry Hill, Buckman Tavern, Visitor Center and the buildings and land immediately adjacent to the Green; recognizing that the Battle Green is a sacred place; and recognize the Battle Green is a town common that accommodates layers of history and multiple purposes. There are eight recommendations in the BGMP: 1. Establish an oversight committee to advise Selectmen; 2. Implement a comprehensive interpretation and signage program; 3. Link the Battle Green to surrounding historic resources; 4. Establish a program for statue and monument conservation and maintenance; Selectmen's Meeting — January 10, 2011 5. Accommodate multiple uses (revise the Battle Green Rules and Regulations); 6. Unify design standards; 7. Address issues of parking, traffic calming and safe pedestrian access; and 8. Identify a public - private funding strategy for implementation.. The funds requested from the Community Preservation Committee that will be in the 2011 Annual Town Warrant will be for monument repairs and fixing the areas surrounding the monuments. The Group is also looking at opportunities for outside funding (federal and state grants and public /private opportunities) because of the status of the Battle Green as a National Landmark. The Selectmen were asked to review the Master Plan and get their comments back to Ms. McKenna., specifically recommendations on maintenance issues and management issues. The Selectmen also need to comment on makeup of the proposed oversight committee. Preliminary FY2012 Budget Presentation Mr. Valente presented the preliminary FY2012 Budget and Financing Plan. The proposed budget is $152,832,821: Shared Expenses Capital/Other $51,193,188; School Allocation $72,402,160; Municipal Allocation $28,387,472; Unallocated Revenue $947,128; and Revenue Adjustment $2,100. The School Committee and School Superintendent are working on options to close a gap of $509,670. The preliminary budget reflects the Selectmen's financial/budget priorities: no override budget; maintain adequate reserves to cushion budget for next 2 -3 years; maintain infrastructure funding; continue economic development efforts; continue funding of Post Employment Benefits Liability; manage total compensation of employees and contain increase in health insurance costs. It also includes some progress on addressing road /intersection/traffic calming/sidewalk funding. Reserve recommendations include $500,000 to the Post Employee Benefits Fund. The current balance of the Stabilization Fund is $8,255,000. The Town Manager reviewed his recommendations for Program Restoration and Improvements totaling $543,964 plus $200,000 for Street Improvements. He currently does not recommend the $50,000 for a Planning Consultant, but suggests the Board discuss and consider it. Mr. Valente reviewed the proposed Capital Budget: General Fund Debt $5,154,620; Water Debt $145,100; Sewer Debt $1,300,000; Possible Excluded Debt for Bowman, Bridge and Estabrook $1,530,000; Cash Capital $2,365,940; Other $901,000. Total $11,396,660. The total projected levy supported debt service for FY 2013 is projected to be $5,631,087. The Town Manager Selectmen's Meeting — January 10, 2011 wants the Selectmen to look at the impact and also remember that the High School Roof and the Fire Station floor have to be added to the 5 -year plan and may impact FY2013 even more. Outstanding issues include state aid and the Minuteman Voc -Tech Assessment. Take- Aways: address school budget; review capital projects financed with levy supported debt; resolve funding of Bridge /Bowman renovations and possible new Estabrook School; and review funding for street improvements. Next Steps: respond to questions; review budget at Summit 4; target date for Selectmen's budget recommendation is February 22; target date for budget to go to financial committees and Town Meeting Members is February 28. Mr. Burnell feels the Facilities Department budget is underbudgeted by $2 million in order to maintain all buildings; the energy savings money should be applied to the capital costs for maintenance; and the $200,000 for Streets needs to be discussed further. One -Day Liquor License — Shake -It for Shelter Upon motion duly made and seconded, it was voted 4 -0 to approve a one -day liquor license for Shake It For Shelter for Saturday, June 11, 20 -11, beginning at 7:30 p.m., contingent on liquor service stopping at 11:30 p.m. and music turned off at 12:00 midnight. Town Manager Appointment— Commission on Disability Upon motion duly made and seconded, it was voted 4 -0 to approve the Town Manager's reappointment of Janice Cyr to the Commission on Disability for a term to expire October 29, 2013. Lower Battle Green Flag — Tuscan Arizona Shooting Victims Upon motion duly made and seconded, it was voted 4 -0 to lower the Battle Green flag from Tuesday, January 11, 2011 until sunset on Friday, January 14, 2011, in honor of the victims of the shooting in Tucson, Arizona. Consent Agenda Water /Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 4 -0 to approve the following water and sewer commitments: Commitment of Water /Sewer Charges for January 5, 2011 (Cycle 9) $189,873.74 Commitment of Water /Sewer Charges for Town -wide Billing (Section 2) $2,251,591.26 Commitment of Water /Sewer Charges for Town -wide Billing (Section 3) $3,505,619.69 Selectmen's Meeting — January 10, 2011 Ratify Poll Vote — Use of Battle Green Upon motion duly made and seconded, it was voted 4 -0 to ratify a poll vote to approve Lululemon (a store in the Burlington Mall) using the Battle Green to do a photo shoot on Sunday, January 2, 2011. Ratify Poll Vote — Lower Battle Green Flag on December 31 Upon motion duly made and seconded, it was voted 4 -0 to ratify a poll vote to lower the Battle Green Flag on Friday, December 31, 2010, to honor Woburn Police Officer John Maguire who was killed in the line of duty during a robbery. Ratify Poll Vote — Snow State of Emergency Upon motion duly made and seconded, it was voted 4 -0 to ratify a poll vote to declare a State of Emergency beginning Sunday, December 26, 2010. Ratify Poll Vote — Clearing Snow in Center Upon motion duly made and seconded, it was voted 4 -0 to ratify a poll vote to clear the snow from the Center. Ratify Poll Vote — One -Day Liquor License — Historical Society Upon motion duly made and seconded, it was voted 4 -0 to ratify a poll vote to approve a one -day liquor license to serve wine at the Historical Society Annual Progressive Dinner to be held on Saturday, January 8, 2011, from 6:00 p.m. to 9:00 p.m. in the Depot Building. Documents Presented 1. Calculated Household ADU for 44 Greenwood Street (Flowers) 2. Fire Headquarters Options Report (Pat Goddard, Public Facilities) 3. Battle Green Area Master Plan Draft Presentation by Lucinda Brockway, Past Designs LLC. 4. FY2012 Preliminary Budget & Financing Plan dated January 10, 2011. 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 it was 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 11:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Summit 4 January 19, 2011 A Summit was held on Wednesday, January 19, 2011, 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); and Mr. Kanter, Mr. Lamb and Ms. Stoltz representing the Capital Expenditures Committee (CEC). Discuss Options for Closing School Budget Gap The School Committee discussed options for balancing the School budget. The current remaining unfunded balance is $521,159, which includes $165,000 for Unemployment Insurance Contingency. Funding options include: Medicaid Insurance Reimbursements - $23,000, Minuteman HS Assessment - $35,000; and use of unallocated revenues $250,000, which total $308,000. That would leave a $262,613 shortfall. Upon motion duly made and seconded, it was voted 5 -0 to support using $308,000 to reduce the School Budget shortfall. Review FY2012 Proposed Budget Mr. Valente reviewed the FY2012 Preliminary Budget & Financing Plan. The revenue change since the November 18 Summit is projected at $2,100. A comparison of Summit 3 to the current proposed project: Shared Expenses Capital/Other has increased by $10,987 to increase the fuel budget for the Facilities Department; School Allocation is now $509,670; the Municipal Allocation budget has $99,227 available; Unallocated Revenue was reduced by $10,987 (for Facilities fuel); and Revenue Adjustment increased by $2,100. A total of $412,543 is needed to balance the budget. Reserve recommendation is $500,000 for the Post Employment Benefits Fund. Capital Budget requests include: $5,154,620 General Debt Fund; $145,100 Water Debt; $1,300,000 Sewer Debt; $1,530,000 Possible Excluded Debt; $2,365,940 Cash Capital; $901,000 Other. Total $11,396,660. The CPA -Town Only amount is $1,191,863. This capital budget is very aggressive but consistent with the recommendations of the Fiscal Task Force. Total projected levy supported debt service for FY2011 is projected to be $4,669,173. For FY2013 it is projected to be $5,631,087 which is troubling because it does not include possible projects for Bridge Bowman, Estabrook, Fire Station Repairs and High School roof and the rising interest rates. Summit 4 — January 19, 2011 Outstanding issues are: State Aid (Governor's Budget comes out on January 26, 2011) and Minuteman Voc -Tech Assessment. Take -aways include: addressing school budget, reviewing capital projects financed with levy supported debt and resolving funding of Bridge /Bowman Renovations and possible new Estabrook School. Next steps: respond to questions, review budget, target date for Selectmen approval of budget is February 22 and target date for budget to go to financial committees and Town Meeting Members is February 28. Dr. Ash updated the group on MSBA's visit to the Estabrook School and that it was made clear to them that a timetable needed to be expedited quickly so that hopefully an article could be presented to the Annual Town Meeting. Address School Budget Mr. Burnell asked the School Committee to explain the current gap and what caused it. He has concerns about street and building infrastructure and would like to devote a significant portion of the growth for that into those areas where needed. Mr. Cole explained that there was a massive cut in the SPED reimbursement rate (about $600,000 or 1.15 %) and the enrollment went up which accounts for 1/3 of a percent. Enrollment was discussed and whether there were ways to estimate what enrollments would be from year to year. Dr. Ash wants the Bridge and Bowman school projects to have a capacity of 500 students by adding additional classrooms to each project, so that if enrollment increases there will be space available. Mr. Levine feels the proposal for closing the gap is responsible, but hopes the School Committee will continue to look for savings. Mr. Bartenstein asked what the implications are for future allocation splits if the proposed money is used to close the school gap. Concerned we are chipping away at the Town budget by putting part in shared and part in school budgets. Upon motion duly made and seconded, it was voted 5 -0 to support the plan as put forth by the School Superintendent. Summit 4 — January 19, 2011 Hear Comments from Capital Expenditures Committee Regarding Proposed Capital Budget Mr. Lamb, Chair of the Capital Expenditures Committee, gave an update of the proposed capital budget. The Committee made few recommendations for projects that should be deferred, removed or adjusted from what was in the white book The Committee applauds several new capital programs proposed by the Public Facilities Department. They are also pleased that the white book proposes using cash for ongoing capital programs rather than debt funded. Mr. Levine stated his position on funding the OPEB liability. He believes the Town should not be funding the OPEB liability and that further dialogue and analysis is needed. Mr. Cohen explained that state law requires that money be put aside for pension funding. Also the issue of outstanding liability for future health care costs was questioned 10 years ago by securities regulators and said that all municipalities had to figure out what their liabilities would be because of disclosure issues. Lexington got the legislation to approve setting up a fund so we could start funding the liability. Review Draft List of Annual Town Meeting Warrant Articles Mr. Cohen reviewed the current draft list of proposed 2011 Annual Town Meeting Warrant Articles. Mr. Kanter requested that the Planning Board needs to make a report at Town Meeting as a follow -up to the approved bylaw change to establish the overlay district plan for Hartwell Avenue. Schedule Summit 5 Summit 5 will be scheduled for February 2, 2011. The Selectmen will also schedule a meeting for February 22, 2011 to approve the FY2012 Budget. Documents Presented 1. School Recommended FY2012 Budget, dated January 14, 2011. 2. FY 2012 Preliminary Budget & Financing Plan dated January 19, 2011. 3. Draft Table of Contents of 2011 Annual Town Meeting Warrant Articles. Upon motion duly made and seconded, it was voted to adjourn at 9:55 p.m. A true record; Attest: Lynne A. Pease, Executive Clerk Selectmen's Meeting January 24, 2011 A regular meeting of the Board of Selectmen was held on Monday, January 24, 2011, 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. Chabot, Assistant to the Executive Clerk, were present. Update and Future Steps — Water Main Break Mr. Hadley, Director of Public Works, described the water main break that occurred on Thursday, January 20, 2011 on Massachusetts Avenue near Nickerson Road. The water was shut off at approximately 7:15 am while a DPW water crew attended to the problem. The water was turned back on by 3:30 am on Friday January 21, 2011. There were 12 to 15 houses without water throughout this period. The fire department responded to four houses that had water damage. Mrs. Pavidis of 2517 Massachusetts Avenue thanked the DPW, Fire and Police departments for their quick response and help with the water situation at her home. She asked about a single point of contact with the Town, the possibility of reimbursement for personal losses, and a timeline for when improvements to the pipe and road will be done. Mr. Hadley will be her point of contact. He estimates that a second pipe will be installed by November 2011. Mr. Hadley will give the Board an update on the situation in 30 days. Polls Update: Locations and Professional Development Schedules Ms. Hooper, Town Clerk, discussed poll locations at the schools and described the benefit of holding professional development days on November election days. This was done for the November 2002 - 2004 -2006 elections. The plans for 2008 and 2010 professional development opportunities did not allow for scheduling on the November election dates. Upon motion duly made and seconded, it was voted 5 -0 to request the School Committee schedule one of the regularly planned professional development days held each fall for the l Tuesday of November and also to ask the School Committee to set a policy to schedule similar "no class" days for all future November elections. Approve Recommended Recreation Fee Increases Ms. Simmons, Director of Recreation, presented a summary of the fee increases. The recreation department is self - supporting and when determining a program fee, staff must calculate the direct expenses, indirect expenses and administrative fees necessary to operate. The Recreation Committee approved the fee increases at their monthly meeting on January 19, 2011. Upon motion duly made and seconded, it was voted 5 -0 to approve the Recreation fee increases as presented. Selectmen's Meeting — January 24, 2011 Transportation Improvement Project— Spring Street and Hayden Avenue Mr. Livsey, Town Engineer and Mr. Laughlin of the BSC Group presented the proposed project to the Board. The project includes improved bicycle and pedestrian accommodations as well as signalization. The funding is part of a MORE grant and construction for this project is scheduled for spring. The DPW wishes to update the Board on this project and accept comments. They are also looking for approval from the Board in order to stay on schedule with the grant timelines. A public meeting was held for this project on November 23` at the Clarke Middle School and was received positively. This project has been presented to the Bicycle Advisory Committee, the Sidewalk Committee and The Development Review Committee. MassDOT has approved the plans and final design is expected to be completed soon. Appointment — Historic Districts Commission Upon motion duly made and seconded, it was voted 5 -0 to appoint Scott Kyle to the Historic Districts Commission as a full member, effective immediately, for a five year term to expire December 31, 2015. Town Manager Reappointment — Commission on Disability Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's reappointment of Charles Cole to the Commission on Disability. Sign Jefferson Union Affordable Housing Unit Application Mr. Henry, Senior Planner, provided the cover pages for review by the Selectmen of the Local Action Unit Application, to be submitted by the developer of Jefferson Union to the Department of Housing and Community Development, for the inclusion of a unit on the Subsidized Housing Inventory. Upon motion duly made and seconded, it was voted 5 -0 to endorse the Local Initiative Program Application for Local Action Units for Jefferson Union Place located at 31 Fletcher Avenue. FY2012 Budget Discussion Mr. Valente reported that based on the Governor's remarks at the MMA conference; there could be another $200,000 for Lexington in Chapter 90 funding. Mr. Burnell suggested that the Town increase funding for streets by at least another $200,000. He presented four funding scenarios and asked for the Board's support for using at least $200,000 of the currently available free cash for the street budget. Ms. Mauger would like to wait until Summit 5 to see all the issues together. Mr. Kelley would like to see how various needs identified in the budget compare with the funds already allocated. He had questions about salaries and improvements at the Fire Station and various projects requiring CPA funding. Selectmen's Meeting — January 24, 2011 Consent Agenda One Day Liquor License — St. Brigid Church Upon motion duly made and seconded, it was voted 5 -0 to approve a One -Day Liquor License for St. Brigid Church to serve Beer and wine for a Dinner /Dance fundraiser for Youth Scholarships to be held on Saturday, February 5, 2011 from 7:00 p.m. to 11:00 p.m. at the Keilty Hall. Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of December 1, 2010, December 2, 2010, December 6, 2010, December 7, 2010, December 8, 2010, December 20, 2010, December 21, 2010 and January 3, 2011. Executive Session Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes of December 20, 2010, December 21, 2010 and January 10, 2011. 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 litigation 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 litigating position of the Town. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 10:22 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen's Meeting January 31, 2011 A regular meeting of the Board of Selectmen was held on Monday, January 31, 2011, at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Public Comment Mr. Benjamin Cohen read a statement to the Selectmen regarding the need for a new community center. Ms. Tedesco, 46 Grapevine Avenue, asked why the Senior Center does not have a visible AED unit. She also stated that the current senior center lighting is bad, not sufficient room for exercise classes, and the air quality is unsafe. Selectmen Concerns and Liaison Reports Mr. Burnell reported that the Sustainable Lexington Committee will be giving the Selectmen a status report in March. Mr. Burnell reported that the Scenic Byway Group is in the process of preparing its final report and presentation and will be coming before the Selectmen for approval of a Byway plan in 2 -3 weeks. Mr. Manz thanked the middle school students and their teachers for the letters he received regarding several different issues. He responded to all the letters. Mr. Manz also responded to a 9 year old from St. Paul regarding her request for a memorial in Lexington for Sybil Ludington. Ms. Mauger congratulated Stew Kennedy on being named the Conservation Commissioner of the Year by the Massachusetts Association of Conservation Commissions. Adopt Greenways Corridor Committee and Appoint Members Mr. Ohmart is requesting that the Selectmen appoint a Greenways Corridor Committee to continue the work of the West Lexington Greenway Task Force that was funded by Community Preservation Act a few years ago to create a trail network on the west side of Route 128 that would connect the Minuteman Bikeway and the National Park. Now that the Task Force is finishing up and awaiting the final Master Plan, it became clear that the work of the Task Force needs to be continued by a Town appointed committee to look further around Town at opportunities on how other connections can be made to create pedestrian friendly walking paths, Selectmen's Meeting — January 31, 2011 trails and greenway corridors to connect open space resources. One purpose of the Greenways Corridor Committee would be to seek additional funding sources as needs became identified. Any trail work would be environmental sensitive to the area. The membership of this committee will include representatives from the Conservation Stewards, Citizens for Lexington Conservation, Friends of Lexington Bikeways, Sidewalk Committee and Bicycle Advisory Committee. Also it is requested that Liaisons from Selectmen, Conservation, Recreation and Planning be appointed. Upon motion duly made and seconded, it was voted 5 -0 to adopt the charge for the Greenways Corridor Committee, as presented. Upon motion duly made and seconded, it was voted 5 -0 to designate all members of the Greenways Corridor Committee as Special Municipal Employees. Upon motion duly made and seconded, it was voted 5 -0 to appoint Keith Ohmart, Stewart Kennedy and Michael Tabaczynski to the Greenways Corridor Committee for a term to expire September 30, 2013. Upon motion duly made and seconded, it was voted 5 -0 to appoint Paul Knight, Robert Hausslein to the Greenways Corridor Committee for terms to expire September 30, 2012. Upon motion duly made and seconded, it was voted 5 -0 to appoint Margaret Enders and Alexandra Dohan to the Greenways Corridor Committee for a term to expire September 30, 2011. Public Works Reports Snow Budget Mr. Hadley, Director of Public Works, reviewed the snow budget for FY2011. To date there have been six plowing events, five salting events and three clearings of the center since December 16. To date $907,000 has been spent of the $987,445 appropriated for FY2011. The Selectmen commented that they feel the brining of the roads prior to storms seems to be working well to help keep the roads clean. Mr. Kelley stated that he feels it is the Town's responsibility to get the center cleared of snow as quickly as possible after a storm and also to get the trash cans emptied and straightened.. Trash cans are tipped all over and filled with trash; they should be removed and/or emptied. The DPW, as part of its checklist, clears several of the MBTA bus stops. Selectmen's Meeting — January 31, 2011 DPW tries to clear the sidewalks within 36 -48 hours after the snow stops falling. Mr. Pinsonneault explained that they have five snow plow routes for the sidewalks and they work in conjunction with the School Department to plow 62 miles of sidewalks. Over last 10 years have become more effective on removing snow from sidewalks by waiting until the end of storm and have switched to mostly snow blowers which gives better cut and better cleared sidewalk, depending on the type of snow. Priorities are to get the school sidewalks done first and branch out from there. Mr. Burnell asked about residents and plow operators that plow in already cleared sidewalks and streets and believes the Town needs to be aggressive in not allowing it to happen. The DPW has letters that are provided to plow operators and/or homeowners if they encounter the situation or someone calls. They are working on ideas for future winters, including education for plow operators and homeowners and ways to work together. Street Repair Status Mr. Livsey, Town Engineer, explained the process for prioritizing the street redo plan. As part of the prioritizing process for street work they have to look at all important conflicts (traffic calming, water main projects, sewer projects, coordination with utilities, whether sidewalks are being added, subdivisions, and other conflicts) before they can recommend a street for repaving or resurfacing. For FY2012 will have approximately $1.6 million and expect the Governor's budget to include additional funds for roads and streets from Chapter 90. Have to be sure that all the moving parts are in place before finalize road repaving. Vvnebrook Village Drainage Mr. Livsey explained that there was a meeting with a design engineer for the project, along with Ms. Mullins, Conservation Director, to review the preliminary plan for improvements to the Vynebrook Village drainage. The draft Plan showed a French drain system in the basement of all buildings that would drain out and each unit would have a sump pump. The project would need permits from the Conservation Commission. When that permit is applied for, we will have a better idea of the project that is being proposed. Mr. Kelley does not want to delay funding but suggests that the Board take a close look at the current drainage system, why it is now dysfunctional and how the new system would work. The Board needs more information to understand the project before it allows the project to go forward. Mr. Kelley agreed to be the Selectmen's Liaison for the Vynebrook Village Drainage project. Battle Green Monument Improvements Mr. Pinsonneault explained that the plan was submitted and presented to Community Preservation Committee (CPC) as a capital project to make needed maintenance /repairs/ improvements to several of the monuments /statues on the Battle Green in preparation for the 2013 celebration. During the Battle Green Master Plan process it was decided to submit a project to the CPC to secure funding to rehab the areas around the monuments Selectmen's Meeting — January 31, 2011 The Selectmen discussed how the two pieces should be presented to Town Meeting. There should be a discussion with Town Meting and the Finance Committees asking them what would work best. Mr. Valente requested that the projects remain separate until a decision is made whether the Battle Green Master Plan will go forward. Regarding monument repair, CPC has an identified line item for the cost of repairing the Hayes Fountain, so if Town Meeting appropriates money then the Selectmen decide whether to restore the fountain or not. Mr. Cohen stated that the motions will be broad and it may be decided to combine the two projects into one motion. Ms. McKenna stated that the Battle Green Master Plan consultant will be making presentations both at a TMMA information session and to Town Meeting, which will be a combined presentation. Battle Green Master Plan (BGMP) Continued Discussion Ms. McKenna provided the Selectmen with additional information: three -year cost estimate, detail of the paving calculation and a map demonstrating CPA requested work. The BGMP Group is finalizing their suggested changes to the rules and regulations for the Battle Green and has two questions: 1. There is a public use limit referred to in Regulations that states that any activity which exceeds X number won't be allowed. What should that number be? 2. A major concern is trying to distinguish the difference between regular and ceremonial firearms. The Lexington Minute Men asked if there was a way to create language to allow them to be on the Battle Green without requesting a permit. The Selectmen want to continue the current requirement of a written request to use the Battle Green with all the pertinent information about the event. Regarding firearms, Mr. Manz stated that the Lexington Minute Men have an internal policy on firearm training and the Selectmen would like assurance that they have met those regulations. Ms. McKenna stated that the BGMP Group is taking suggested changes until February 1 and then they will finalize the document. The Hayes Fountain and parking around the Battle Green are the most controversial items. The Selectmen will need to discuss those items further and gather additional information, including waiting for the results of the parking study. The Selectmen have many concerns about bringing forward an article to Town Meeting requesting approval of the BGMP. They feel that Town Meeting members may vote against the article because of a few details they do not like. Ms. McKenna feels it is important to have Selectmen's Meeting — January 31, 2011 Town Meeting vote to endorse this Master Plan. The motion will be written to reflect that the decisions to be made are the authority of the Selectmen. Mr. Burnell feels the BGMP Group has exceeded its charge by presenting the Master Plan to Town Meeting. The Master Plan should be presented to the Selectmen to decide what course to follow going forward. There are elements that the Board may want to accept and others that need to be further developed. Ms. McKenna stated that she is following the process that the Selectmen approved in 2009. The BGMP Group has gone out of its way to allow everyone who was interested to make comments. The Selectmen were asked to review the Master Plan and get comments back to Ms. McKenna before the end of February to allow time for the Master Plan to be finalized and brought to a Selectmen's meeting prior to Town Meeting. Mr. Burnell has already submitted his comments. Regarding the Battle Green Rules and Regulations, the Selectmen suggested that the BGMP Group should leave the regulation as it is and provide information on how they suggest it should read and why. FY2011 2 nd Quarterly Exceptions Report Mr. Niemy reviewed the FY2011 2 nd Quarter exceptions report as of December 31, 2010, for a combined municipal and schools budget, 44.01% has been expended. Unemployment is 65% spent because of eligibility within the school system and the snow /ice budget is 63% spent. On the revenue side 49.1% has been collected so far. FY2012 Budget Discussion Assistant Fire Chief for EMS Fire Chief Middlemiss explained why there is a need for an Assistant Fire Chief of EMS. Since 2003 when the decision was made to raise the ambulance operation to the ALS level, receivables have grown to almost $1 million. It is important for the Fire Department to insure that the product they are providing is performing to the highest standards, that all rules and regulations are being followed and that training is conducted and tracked properly. This position would be responsible for EMS coordination, including equipment reports and training recertification, and coordination of EMT Basics, EMT Intermediates and EMT Paramedics. The Selectmen had many questions and concerns about this new position. Mr. Manz will meet with Fire Chief Middlemiss to review the request for an Assistant fire Chief for EMS and report to the Selectmen at their next meeting. Chief Middlemiss thanked all the firefighters and DPW staff who helped clear about 1200 hydrants of snow between Thursday night and Monday morning. It is extremely important for residents to pay attention to where their hydrants are and to try to clear them or to mark where Selectmen's Meeting — January 31, 2011 they are. Notices have been sent to residents where snow has been stacked up around a hydrant, which is against the state law and for which there is a $100 fine. Minuteman Assessment Mr. Valente received notice from Minuteman Tech that Lexington's assessment will be $1,722,643, rather than $1,770,000 that was budgeted. Replace Reverse 911 Mr. Valente is looking at newer systems that will take much less time and also allow residents to use other electronic ways to be contacted. Currently we budget $12,000 a year for the Reverse 911 service and mass calls would be on top of that. If the budget is increased by less than $10,000 the Town may be able to change to a more advanced program. Mr. Valente will continue to review all information and may ask the Board to consider increasing the budget to allow a change to a more sophisticated system. The Selectmen look forward to reviewing a final proposal. ADA Title II Survey Mr. Valente explained that the Town is required to do this survey under Federal law and Lexington last did one in the mid- 1990's. It has been requested that anew survey be completed by both Public Facilities and the Commission on Disability (COD). It is proposed that the $20,000 requested for furnishings in the Town Office Building will no longer be needed and that amount could cover the cost of most of the survey costs. The survey would be done only on buildings that are not expected to be replaced or renovated and also would not be done for the newest buildings, like the Library and Public Facilities Building. Mr. Valente is working on a revised scope of work than what is currently in the white book and will bring back to the Selectmen for a formal vote. Anaerobic Facility The Hartwell Avenue Consultant working on a study for an Anaerobic Facility is close to completing Phase 1 of the work and requested a proposal to take to the next phase which would be an RFP for the facility. Mr. Valente is following up with a law firm that does this type of work. There is money in the white book as a placeholder that would come from compost funding. Mr. Valente will bring more formal information to the next Selectmen's meeting. Sign 2011 Annual Town Meeting Warrant Upon motion duly made and seconded, it was voted 5 -0 to sign the 2011 Annual Town Meeting Warrant, allowing for minor changes as recommended by Town Counsel. Selectmen's Meeting — January 31, 2011 Selectmen Appointments Communications Advisory Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint Frank Cai to the Communications Advisory Committee for a term to expire September 30, 2013. Lexington Center Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint Maria Kieslich to the Lexington Center Committee for a term to expire September 30, 2013. Town Manager Appointment— Commission on Disability Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's reappointment of Martin Martignetti to the Commission on Disability for a term to expire October 30, 2013. Consent Agenda Water /Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5 -0 to approve the following commitments of water and sewer charges: Commitment of Water /Sewer Charges for June 2010 (Cycle 9) $244,746.79 Commitment of Water /Sewer Charges for July 2010 (Finals) $5,021.89 Commitment of Water /Sewer Charges for August 2010 (Finals) $8,784.63 Commitment of Water /Sewer Charges for September 2010 (Finals) $7,131.99 Commitment of Water /Sewer Charges for October 2010 (Finals) $10,016.64 Commitment of Water /Sewer Charges for October 20, 2011 (Miscellaneous) $1,101.58 Commitment of Water /Sewer Charges for November 2010 (Finals) $2,648.74 Commitment of Water /Sewer Charges for December 2010 (Finals) $1,284.75 Accept Gift to Conservation Commission — Lookout Street and Colonia Avenue Upon motion duly made and seconded, it was voted 5 -0 to accept a Gift of Land for Conservation purposes of three parcels of land located off Colonial Avenue and Lookout Street. Accept Hazard Mitigation Plan Upon motion duly made and seconded, it was voted 5 -0 to accept the Hazard Mitigation Plan. Approve One -Day Liquor License — Antony Fundraiser Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license to serve wine at the Lexington Tourism Committee /Antony Working Group "A French A Faire /Fundraising Social" to be held on Sunday, February 13, 2011, from 4:00 p.m. to 6:30 p.m. in the Depot Building, 13 Depot Square. Selectmen's Meeting — January 31, 2011 Approve One -Day Liquor License — St. Brigid Parish — Irish Night Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license to serve beer and wine at the Irish Night/Fellowship Fundraiser to be held on Saturday, March 5, 2011, from 6:00 p.m. to 12:00 p.m. at St. Brigid, Keilty Hall, 2001 Massachusetts Avenue. Approve One -Day Liquor License — LHS Class Reunion Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license to serve all alcohol at the LHS Class of `76 Reunion to be held on Saturday, December 31, 2011, from 8:00 p.m. to 12:00 midnight at the Lexington High School, 251 Waltham Street. Sign Notice to Constable — Frances Road Street Acceptance Upon motion duly made and seconded, it was voted 5 -0 to sign a Notice to Constable in regard to the Frances Road Street Acceptance. Ratify Poll Vote — Clear Snow Upon motion duly made and seconded, it was voted 5 -0 to ratify a poll vote to clear the sidewalks, clean the streets to the curb to get back the 5 -6 feet of missing street, clean the intersections and curb cuts, and punch a full width pass - through from the sidewalk to the street at least every 50 feet. Documents Presented 1. Sidewalk Plowing Survey — 40 Communities —January 2011 2. Vynebrook Village — Pioneering Basement Waterproofing Drainage System 3. Lexington Fire Department Organization Chart —July 2011 Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 11:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk