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HomeMy WebLinkAbout2011-02-BOS-minSelectmen's Meeting February 7, 2011 A regular meeting of the Board of Selectmen was held on Monday, February 7, 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. Selectmen Concerns and Liaison Reports In response to questions raised at the last Selectmen's Meeting regarding safety at the Senior Center, Mr. Manz reported that an AED is located in the Director's Office. All staff are trained yearly in CPR, First Aid and use of the AED. The Human Services Director and Nurse, who are both nurses, have advanced CPR training. Staff follows written protocol for emergency medical situations and fire evacuation. First aid kits are located in the kitchen/dining room area and outside the library. The Fire Department checks the AED regularly and will be mounting it in the dining room. Several Selectmen attended the Chinese New Year celebration —the year of the rabbit— and thanked the Human Services Department for all their work in pulling it together. Several Selectmen attended the Lexington Symphony and thought it was fabulous. The U.S. Department of Energy announced that a Lexington company called 1366 Technologies received a grant to continue its work in the solar industry. LexMedia has a new website — www.LexMedia.org Mr. Manz announced a website were residents can spotlight people who do good deeds at www.adoptahydrant.com Town Manager Report Mr. Hadley presented an NStar check to the Selectmen for $237,723.61 for the Streetlight rebate program. Mr. Valente informed the Board of all the extra work being done by Fire, Police and DPW because of snow issues /calls (hydrants, ice dams, gas odors, carbon monoxide alarms). Farmer Market Update Deb Jackson and Lori Deliso presented information on the 2010 Market, plans for the 2011 Market, and a request to introduce wine at the Market. Upcoming events for the 2011 Market: 20% off all dinner sales on Mondays in March at Via Lago, Sushi making, and Barefoot Truth Concert on June 10 to raise money for SNAP. Selectmen's Meeting — February 7, 2011 The 2011 Farmers Market will open on Tuesday, May 31. Deb Jackson is stepping down as Market Manager but will remain an active volunteer of the market. Martha Slone will be stepping in to the role of Market Manager with Lori Deliso. Nate Benjamin, owner of Charlton Orchards Farm and Winery is interested in pursuing selling his wine at the Farmers' Market for the 2011 season. The Farmers' Market would be required to apply to the Massachusetts Department of Agricultural Resources to be an approved agricultural event in Massachusetts and the Town would need to provide a special liquor license to sell wine at the market. Selectmen were supportive of the idea but would like additional information about any possible legalities, how checking IDs will be managed, whether the Selectmen can limit the number of vendors that could sell wine at the Market. Preliminary Discussion on Trash Recycling Contract The Town's contract for trash and recycling is scheduled to be renewed in FY2013. In order to meet the time schedule for a new contract, staff plans on issuing an Invitation for Bids (IFB) in October 2011. Prior to issuing the IFB, staff would like the Selectmen's input on a variety of policy issues concerning the new contract. Staff suggests creating a small task force to examine the issues to help in developing bid and contract documents. It is suggested that Sustainable Lexington committee and Energy Conservation Committee be part of the task force. The Selectmen support the idea of a Task Force and Mr. Kelley and Ms. Mauger are interested in being the Selectmen Liaisons. Upon motion duly made and seconded, it was voted 5 -0 to request staff to draft a committee charge for an ad hoc task force to consider the Town's direction for the next solid waste and recycling collection contract. Proposed Parking Regulations — Snow Emergency DPW and Police staff met with Mr. Valente to discuss whether emergency on- street parking regulations should be adopted, given the narrowness of many streets in Town. On a temporary basis a Reverse 911 call went out over the weekend asking residents to only park on the even side of the street. Then DPW and Police will work on removing snow on the narrowest streets and some intersections. For a permanent solution more thought is needed from staff about whether certain streets should have parking prohibited. The Selectmen all concurred with continuing the snow emergency plan during snow events. Selectmen's Meeting — February 7, 2011 FY 2012 Budget Discussion Dr. Ash, Superintendent of Schools will be proposing to the School Committee a variety of budget changes that, if accepted, will balance the School Department budget. Therefore, the current status of the FY2012 budget is: Set -Aside for Local Aid Reductions is $697,128 and Funding Available for Other Board Priorities is $111,521. Mr. Valente asked the Selectmen to consider the following open budget issues: 1. Continue Zoning By -Law Re- codification In FY 2011 a zoning consultant was hired to examine the existing zoning by -laws and provide recommendations that would produce a more understandable and enforceable document. The consultant will then produce a memo outlining other areas of the by -law that merit further study and revision to reflect current planning and zoning practices. Mr. Kelley supports the request but would like to see the consultant's report before authorizing money for the next phase. The Selectmen agreed with Mr. Kelley and all support putting the $50,000 in the budget to have the consultant continue the zoning by -law re- codification process. 2. Hartwell Avenue Compost Site — Anaerobic Green Waste Study The estimated cost for the next step in siting an Anaerobic Digester Facility at Hartwell Avenue is $52,000 which includes Mass. DEP Permitting; Field Investigation Survey, Wetlands Delineation and Subsurface Analysis; Draft RFP /Special Legal Services; Public Meetings and Evaluation of Proposals /Contract Negotiations. There is currently a placeholder for $50,000 from the compost Revolving Fund. The Selectmen all agreed that the project should move forward. 3. ADA Title II Survey Mr. Valente proposed using $20,000 that is not needed for Town Office Building furniture toward an ADA Survey. The project may need to be broken down into phases (buildings, vertical space and parks) to make more manageable. The Selectmen all support doing the ADA survey. 4. Update Reverse 911 System There are sufficient funds available in the current budget to upgrade the Reverse 911 system. 5. Proposed Assistant Fire Chief for EMS Mr. Manz met with Fire Chief Middlemiss regarding the request for an Assistant Fire Chief for EMS. One of the problems is that all the personnel at the fire station work on a shift and that this Selectmen's Meeting — February 7, 2011 position requires someone with authority who is there every day. Another issue is revenue that is lost because claims are not done on a timely basis. The Fire Chief is looking for a way to move the fire department forward by putting together a simple roadmap. Mr. Burnell agrees that something has to be done, but would like to pursue an independent, private training service that could cover all shifts. Mr. Kelley does not support the new position and believes the work can be done by the current Fire Chief and the administrative staff. Mr. Valente suggested that the Selectmen approve the budget request for an Assistant Fire Chief of EMS, but not spend the funds until further review is done of the Fire Department structure. Ms. Mauger was not ready to a vote because of all the moving parts and suggested that it be put off until the fall to allow more time for study and due diligence. It was suggested that a group be put together to figure out how to address and solve the problem. Mr. Manz will discuss further with the Fire Chief and the Selectmen will discuss again at their neat meeting. The Selectmen wanted to make it clear that they believe the Fire Department provides A+ service and appreciate all that they do. 6. Center Snow Removal The Selectmen discussed whether they wanted to remove snow from the center again. There was concern about other areas of town where snow may need to be removed and the snow budget. Mr. Manz would rather see the trash cans up righted and emptied. Mr. Kelley wants the center cleared so citizens and businesses can function. Ms. McKenna urged that something be done about the icy sidewalks in the center area. Upon motion duly made and seconded, it was voted 3 -1 -1 (Manz opposed, Burnell abstained) to clear the center like was done after the December 26 snow storm. Vote to Layout Frances Road /Sign Notice to Constable Upon motion duly made and seconded, it was voted 5 -0 to vote the intention to lay out Frances Road as a Town way and provide a notice to the Constable to deliver information regarding the public hearing to the abutters of Frances Road. Selectmen's Meeting — February 7, 2011 Inter - Municipal Agreement for Regional Housing Services Office Town Meeting approved funding a Regional Housing Services Office 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 all expressed interest. With technical assistance from MAPC, a shared services model was developed among the six communities. Each community's Board of Selectmen is being asked to approved the Inter - Municipal Agreement. The model has been reviewed and is supported by LexHAB and the Housing Partnership Board. It is also supported by the Massachusetts Housing Finance Agency, which coordinates affordable housing matters at the State level. Beth Rust, the Sudbury Housing Administrator, will be the lead staff person providing this service to the six communities. Lexington's Membership Fee will be $23,289. Upon motion duly made and seconded, it was voted 5 -0 to approve and sign the Inter - Municipal Agreement between the Town of Lexington and the Town of Sudbury. Sign Letter Funding Roadway Infrastructure (Chapter 90) Letter Mr. Burnell suggests sending a letter to Lexington's Legislators asking them to seriously consider the importance of maintaining the roadway infrastructure in Massachusetts by adequately funding Chapter 90. Upon motion duly made and seconded, it was vote 5 -0 to sign and send a letter to Lexington's Legislators concerning the importance of funding for roadway infrastructure. Approve Bonds for MWRA Loans The Massachusetts Water Resources Authority is making a zero interest loan to the Town of Lexington in the amount of $448,635 which will be used to finance sewer improvement projects this upcoming construction season. The loan is also accompanied by a grant component of $367,065 which will be used for the same purpose. Upon motion duly made and seconded, it was voted 5 -0 that the sale of the $448,635 Sewer Bond of the Town dated February 14, 2011, to the Massachusetts Water Resources Authority (the "Authority ") is hereby approved and the Treasurer is authorized to execute on behalf of the Town a Loan Agreement and a Financial Assistance Agreement with the Authority with respect to the bond. The bond shall be payable without interest on February 15 of the years and in the principal amounts as follows: Selectmen's Meeting — February 7, 2011 Year Installment 2012 $89,727 2013 $89,727 2014 $89,727 2015 $89,727 2016 $89,727 It was further voted 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 executive 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 the foregoing vote. Consent Agenda One -Day Liquor License — Fiske PTO Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for the Fiske Elementary School PTO to serve beer and wine at a fundraiser on Friday, February 11, 2011, from 7:00 p.m. to 11:00 p.m. at the National Heritage Museum. One -Day Liquor License — Diamond PTA Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for the Diamond Middle School PTA to serve beer and wine at a fundraiser on Friday, March 18, 2011, from 7:00 p.m. to 11:00 p.m. at the Depot Building. 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 Summit 5 February 10, 2011 A Summit was held on Thursday, February 10, 2011, at 7:30 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Chairman Manz, 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 except Ms. Steigerwald, Dr. Ash, Superintendent of Schools; Ms. Dunn, Assistant Superintendant for Finance and Business; all members of the Appropriation Committee (AC) except Mr. Cohen; and all members of the Capital Expenditures Committee (CEC) except Mr. Hurley. Estabrook School Dr. Ash announced that the Massachusetts School Building Authority (MSBA) voted to approve the application to rebuild the Estabrook School. The Town will receive a minimum of 31 percent reimbursement from the state and there may be additional reimbursements possible. One issue that will need to be addressed quickly is the widening of Robinson Road to allow access while constructing new school. FY 12 State Budget Update Mr. Valente reviewed the highlights of the Governor's proposed budget which includes an increase in the Special Ed circuit breaker from 40% to 60 %, which could mean an additional $700,000 for Lexington; and for Chapter 90 Road Reconstruction Funding the recommendation is an increase of $150 million to $195 million statewide. The Chapter 90 increase, estimated at $150,000 for Lexington, would be significant and will probably be the first piece of legislation voted on in March or early April in time for the construction season. FY 2012 Minuteman Hieh School Assessment Minuteman High School released its proposed budget and Lexington's assessment is $1,702,930; previously the anticipated assessment was $1,770,000. FY 2012 Municipal Budget Update The Set -Aside for potential local aid is still $697,128, but Mr. Valente recommends that it also be used for the likely snow and ice deficit. The Selectmen are still reviewing options for the Municipal revenue balance of $81,234. FY2012 School Department Budget and Building Projects Update Mr. Valente reviewed the recommendations for reducing the School Department budget gap. To cover the shortfall of $262,613 the following adjustments will be made: Selectmen's Meeting — February 10, 2011 1. reduce Health Insurance by $82,500; 2. reduction for programmatic adjustments $129,569; 3. reduce Music Fee by $54,500; 4. reduce Benefits by $2,600; and 5. increase Medicaid by $6,567. Any unemployment insurance costs above what is budgeted for FY2012 will be covered by the School Department budget. The Federal EdJobs funds will be applied to Health Benefits, thereby increasing the School budget appropriation by an equal amount of $548,918. To get the full benefit of the funds the money will be put into Health Insurance to avoid paying the State 9% of the $548,918. Next Steps Mr. Valente reviewed the next steps. Selectmen will continue and conclude their FY2012 budget deliberations. On February 22 the Selectmen will vote to approve the FY2012 budget. The FY2012 Recommended Budget and Financing Plan will be available for the finance committees and Town Meeting members on February 28. The Town Manager will continue to respond to questions from the finance committees. On March 28 the FY2012 Budget will be presented at Town Meeting. Documents Presented 1. Budget Summit 5 — FY2012 Revenue Allocation Model — February 10, 2010 Upon motion duly made and seconded, it was voted to adjourn at 8:20 a.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting February 14, 2011 A regular meeting of the Board of Selectmen was held on Monday, February 14, 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. Selectmen Concerns and Liaison Reports The Selectmen thanked the Tiampo family for their generous gift to the Library Commons Room in honor of their parents. Town Manager Report The Channel 5 news did a report on leaking water and suggested that Lexington's leak rate was 42 percent. Mr. Valente is trying to find the source of that incorrect information. He provided the Selectmen with a table of non - billed water in Lexington for the period of 1991 through 2009, which shows that non - billed water has been 15 percent or below every year. The sources of unbilled water are: hydrant flushing, fires, leaks and under - recording from water meters. Mr. Valente reported that the DPW has been working on widening street snow banks where the residents were asked to only park on the even side of the street. DPW is also working on clearing catch basins in areas where there could be water issues for melting snow. Mr. Burnell asked that DPW work on clearing ice from sidewalks, especially in public areas. Mr. Valente will follow up with DPW. Battle Green Master Plan Discussion The Selectmen would like to work with the Battle Green Master Plan broken down into three areas: Rules and Regulations, Routine Maintenance and Additions to Infrastructure. The Selectmen feel the proposed rules and regulations are not ready for approval and that they will need to be reviewed by the Policy Manual Committee and then approved by the Selectmen. The Battle Green Master Plan should include the regulation that was approved by the Policy Manual Committee and the Selectmen in December 2009. Ms. McKenna, Chair of the Tourism Committee, believes the rules and regulations are an important part of the document that generates interest and conversation. It is made clear in the report that the rules and regulations are recommendations and that was the process the Selectmen approved. The Selectmen can accept the suggestions or not. The Battle Green Master Plan Working Group is meeting on February 17 to finalize the Battle Green Master Plan. Selectmen's Meeting — February 14, 2011 Regarding the motion for the Battle Green Master Plan, Ms. McKenna expects it to ask Town Meeting to endorse the Master Plan and the wording will include the eight recommendations and that the Selectmen have final approval. Mr. Burnell believes the report should be submitted to the Selectmen and they are responsible for how it should be expressed to Town Meeting. The BGMP Working Group has asked the Commission on Disability for comments, but they have received no feedback. The BGMP Consultant has expertise with ADA accessibility issues and has worked to make sure all areas are accessible. The exception is Belfry Hill, but the Group is looking at a surface that would make it accessible for some. The Board discussed whether there should be an oversight committee and how and if it should be put together. It should be an advisory committee to assist the Board with development in the future. Mr. Burnell suggests when the Selectmen receive the final report they should discuss a path for the future, and who should implement each item. Ms. McKenna is concerned that the suggested approach will look fractured. The report is being put together as one complete package. Controversial areas, like the Hayes Fountain are identified. A meeting has been scheduled with the Field and Garden Club for March 3 to discuss the fountain and the Working Group has researched fountains that operate in this area. The Selectmen made it clear that the approach they are discussing is not fractured. Each of the eight recommendations made by the BGMP must be considered. The Master Plan will be revised a week after the February 17 meeting. FY 2012 Budget Discussion The proposed FY2012 budget is balanced and includes $697,128 for any local aid reductions and the likely snow /ice deficit and $81,234 for yet to be determined municipal items. Two open budget issues remain for the Board to resolve: Additional Street Improvement Funding The Planning Board is requesting funds for the TMOD Plan for the Hartwell Avenue area and the Town Manager suggested that the $81,234 be used to begin the process to fund the transportation design services and for a PTDM Study that ascertains appropriate TMA services required for the TMO -1 area, identifies high priority project components to be constructed in advance of the TIP projects using other available funds and authorize funding for their design and construction; and authorize funding for 25 percent design of the TIP projects. Mr. Valente recommends putting the $81,234 in the Street Improvement budget, which will give some flexibility for spending. Selectmen's Meeting — February 14, 2011 Upon motion duly made and seconded, it was voted 4 -0 to adopt the recommendation of the Town Manager to use the $81,234 toward the implementation of the TMOD for Hartwell Avenue by including the funds in the Street Improvement Budget. Assistant Fire Chief for EMS The Selectmen discussed whether to keep the Assistant Fire Chief for EMS in the budget or not. They were concerned about voting on the issue since there would not be a full board meeting until March 14. Mr. Valente confirmed that if the money is left in the budget there will be options on how the money will be spent. The Selectmen agreed that more discussion would be needed on how to proceed before the funds were expended. Upon motion duly made and seconded, it was voted 4 -0 to leave the money in the Fire Department budget pending more discussion prior to expending any funds. Article Assignments /Positions /Presentations The Selectmen requested presentations on the following articles: Article 8d — CPC, LexHAB Set Aside for Housing Acquisition Article 8g — CPC, Center Playfields Drainage — Phase II Article 8h — CPC, Muzzey High Condo Association — Window Replacement Article 8i — CPC, Vynebrook Village Drainage Improvements Article 13 — Appropriate for Public Facilities Capital Projects Article 15 — Appropriate for Community Center (Citizen) Article 27 — Amend General Bylaws — Private Ways Article 29 — Amend Permanent Building Committee Bylaw Article 30 — Amend Bylaw — Town Meeting Procedure Article 31 — Amend Tree Bylaw Article 34 — Approve Battle Green Master Plan Article 35 — Support and Petition for Municipal Utility Act Article 36 — Analyze Employee Health Benefits (Citizen) Article 37 — Commercial Assessments (Citizen) Article 38 — Residential Assessments (Citizen) Article 40 — Amend Zoning By -Law — CRS Zone — 1095 Mass. Avenue (Owner) For the presentation on Article 31, the Planning Board should be invited to attend. It was suggested that the Selectmen attend the Town Meeting Information session to hear more about Articles 36 -38. Regarding Selectmen Presenters for Town Meeting, Mr. Manz requested that the Selectmen let him know what articles they are interested in presenting. He will put together a list for the next meeting for review. Selectmen's Meeting — February 14, 2011 300 Anniversary Celebrations Committee Charge Change Upon motion duly made and seconded, it was voted 4 -0 to accept the request of the 300 Anniversary Celebration Committee to remove language regarding establishing a non - profit corporation from the charge. Appointment— Historic Districts Commission Associate Upon motion duly made and seconded, it was voted 4 -0 to appoint Lynn Hopkins to the Historic Districts Commission as an Associate Member to fill the unexpired term of Scott Kyle until December 31, 2012. Approve Reserve Fund Transfer — Unemployment Insurance The Reserve Fund Transfer request is for $50,000 for Unemployment Insurance. For FY2011 $198,600 was budgeted; through December 2010 $188,572 has been expended, largely for benefits paid to former employees of the School Department. The recent unemployment benefits extension by the federal government to 99 weeks has contributed to the unanticipated costs. This $50,000 Reserve Fund Transfer should be sufficient to cover payments for the next two months. The Appropriation Committee has approved this request, subject to the Selectmen's approval. Upon motion duly made and seconded, it was vote 4 -0 to approve and submit to the Appropriation Committee a Reserve Fund Transfer request of $50,000 for Unemployment Insurance. Approve Snow /Ice Removal Deficit Spending To date in FY2011, the approximate expenditure for snow /ice removal is $1,200,000, with $987.000 budgeted and $300,000 set aside of Free Cash to go toward the snow /ice deficit. Mr. Valente informed the Board that he will be authorizing deficit spending on the Snow /Ice account and will be requesting that the Appropriation Committee also approve his action. Consent Agenda Commitments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 4 -0 to approve the following water and sewer commitments and adjustments: Commitment of Water /Sewer Charges for January 2011 (Cycle 9) $177,456.44 Adjustments of Water /Sewer Charges for February 14, 2011 $21,899.72 Minutes Upon motion duly made and seconded, it was voted 4 -0 to approve the minutes of January 10, 2011, January 19, 2011, January 24, 2011, January 31, 2011 and February 7, 2011. Selectmen's Meeting — February 14, 2011 Executive Session Minutes Upon motion duly made and seconded, it was voted 4 -0 to approve the executive session minutes of January 24, 2011. Upon motion duly made and seconded, it was voted to adjourn at 8:50 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting February 22, 2011 A regular meeting of the Board of Selectmen was held on Monday, February 22, 2011, at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Chabot, Assistant to the Executive Clerk, were present. Approve the Sale of Bonds Mr. Addelson explained that on February 16, 2011, the Town sold $4,726,000 of general obligation bonds and a bond anticipation note (BAN) in the amount of $1,297,400. The note was issued to finance the acquisition of the Cotton Farm Property. Nine bids were submitted for the bonds. The bids ranged from a high of 2.19 %to a low of 2.05 %. The low bidder was Roosevelt and Cross, Inc. Five bids were submitted for the bond anticipation note. The bids ranged from 1.25% to 0.7 %. The low bidder was Century Bank. Upon motion duly made and seconded, it was voted 4 -0 that the sale of the $4,726,000 General Obligation Municipal Purpose Loan of 2011 Bonds of the Town dated February 24, 2011 (the "Bonds "), to Roosevelt & Cross, Inc. at the price of $4,895,147.09 and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be payable on February 15 of the years and in the principal amounts and bear interest at the respective rates, as follows: Further Voted to approve the sale of a $1,297,400 0.70 percent General Obligation Bond Anticipation Note of the Town dated February 24, 2011, and payable July 1, 2011 (the "Note "), to Century bank at par and accrued interest, if any. Further Voted that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated February 9, 2011, and a final Official Statement dated February 16, 2011 (the "Official Statement "), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Interest Interest Year Amount Rate Year Amount Rate 2012 $696,000 4.00% 2017 $250,000 2.25% 2013 740,000 4.00 2018 235,000 2.50 2014 735,000 4.00 2019 225,000 2.75 2015 735,000 3.00 2020 205,000 3.00 2016 705,000 2.125 2021 200,000 3.25 Further Voted to approve the sale of a $1,297,400 0.70 percent General Obligation Bond Anticipation Note of the Town dated February 24, 2011, and payable July 1, 2011 (the "Note "), to Century bank at par and accrued interest, if any. Further Voted that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated February 9, 2011, and a final Official Statement dated February 16, 2011 (the "Official Statement "), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Selectmen's Meeting — February 22, 2011 Further Voted: that in connection with the marketing and sale of the Note, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated February 9, 2011, and a final Official Statement dated February 16, 2011, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: that the consent to the financial advisor bidding for the Bonds and Note, as executed prior to the bidding for the Bonds and Note, is hereby confirmed. Further Voted that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver continuing and Significant events disclosure undertakings in compliance with SEC Rule 15c2 -12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds and Note, as applicable, for the benefit of the holders of the Bonds and Note from time to time. Further Voted 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 the foregoing votes. Article Assignments /Positions /Presentations Ms. Weiss, member Community Preservation Committee, was present to answer questions on Article 8 — Appropriate the FY2012 Community Preservation Committee Operating Budget and CPA Projects. Article 8d — CPC, LexHAB Set Aside for Housing Acquisition Mr. Hays, co -chair LexHAB, presented the request for the set aside of $450,000 for the purchase and/or construction of units of housing to be added to the inventory of affordable homes in Lexington which will qualify for addition to the 40B list. Article 8g — CPC, Center Playfields Drainage — Phase II Mr. Pinsonneault, Superintendent of Public Grounds, presented the request for $911,863 for Phase II of the Center Playfields Project. Mr. Kelley asked about what would be undertaken in Phase II, specifically addressing how water would be dealt with when it leaves Field 2 and how it gets to the culvert. Ms. McSweeney of Stantec, the consultant on the project, explained the plan. Mr. Kelley asked the consultant to reconnect with the Board before getting to the bid stage of the project. Selectmen's Meeting — February 22, 2011 Article 8h — Muzzey High Condo Association — Window Replacement Muzzey Condominium residents Ms. Springer - Kotelnikov and Ms. McGuire presented the CPA request for $273,915 to offset the cost of replacement windows required by the HDC, which cost 67% more than a vinyl replacement window. They also presented an alternative solution to add the 67% difference in window price to the sale price when the unit is sold and no CPA grant would be awarded. The trustees are in favor of the alternative plan. The Board asked that this plan be presented at a future meeting for approval. Article 8i — Vynebrook Village Drainage Improvements Mr. Keene, Director of the Housing Authority, presented the request for $368,800 to pay for drainage improvements at Vynebrook Village. Approve FY2012 Budget Two non - substantive changes to the budget recommended by Mr. Valente and Mr. Addelson were provided to the Board. Mr. Kelley stated that he did not support three items in the budget. First, he did not support the new position of assistant fire chief. He suggested that the money in the budget set aside for this position could be reduced by approximately half. Second, he did not support the approximately $250,000 for a trailer to house fire department administrative staff. And third, he did not support the renovation of Bridge and Bowman Schools. Rather, he prefers the rebuilding of these schools. Regarding the assistant fire chief position, various members of the Board and Mr. Valente discussed moving a portion of the money into expenses so that the Town could have some flexibility in determining what was needed. Mr. Valente summarized the Board's suggestions by stating that sufficient funds for half a year salary and benefits would remain in personnel and what ever was left could be put in expenses to fund consulting work, contracting out some of the work, or some variation on that theme. Mr. Kelley expects that the approximate split in this line item between expenses and personnel could be used to hire additional clerical staff or staff other than an assistant chief. Mr. Manz reminded the Board that this adjustment to the budget does not change the bottom line. Upon motion duly made and seconded, it was voted 4 -0 to adjust the budget based on the proposal put forward by Mr. Valente. Mr. Burnell opposes the concept of moving fire station administrative staff to a modular unit at this point in time. Mr. Manz suggested that the money set aside for the trailer should also be left in the budget in the same way that the money originally intended to fund an assistant fire chief was left in the budget. He felt that while the trailer may not be the best solution, a solution to the shortage of space at the fire station was needed. Selectmen's Meeting — February 22, 2011 Upon motion duly made and seconded, it was voted 3 -1 (Manz opposed) to remove the approximately $250,000 from the budget for a trailer facility to house fire department administrative staff. Mr. Kelley was opposed to approving the budget because of the plan to renovate the Bridge and Bowman Schools instead of rebuilding them. Mr. Manz would also prefer new schools, but recognized that the School Committee and Dr. Ash have outlined why they feel that both schools had quite a bit of useful life remaining unlike Estabrook which has numerous deficiencies. Upon motion duly made and seconded, it was voted 3 -1 (Kelley opposed) to approve and forward to Town Meeting members and the financial committees the proposed FY12 operating and capital budgets, as amended tonight. Resignation — Communications Advisory Committee Upon motion duly made and seconded, it was voted 4 -0 to accept the resignation of John Rommelfanger from the Communications Advisory Committee, effective immediately. Approve Use of Battle Green for Patriot's Day Weekend Events The Board was asked to approve the following requests regarding all the events around Patriot's Day: 1. Historical Society and Minute Men are requesting permission to: a. reenact the arrival of Paul Revere and William Dawes at the Hancock - Clarke House from 10:30 p.m. on Sunday, April 17, until 12:30 a.m. on Monday, April 18. Police and Fire will work out the details with the Minute Men. This request includes street closings and use of the Battle Green. See attached letter from the Historical Society. 2. The Lexington Minuteman request permission: a. to use of the Battle Green for the dress rehearsal and Reenactment of the Battle, including rain dates; b. to use the Battle Green Saturday, April 16, 2011 from 9:30 a.m. to 10:00 a.m. for the reenactment of Parkers Revenge and to march on Massachusetts Avenue to the Minute Man National Park Visitor's Center with a police escort; and c. to reenact part of the Battle Road at Tower Park on Saturday, April 16, 2011 between 12:00 noon and 6:00 p.m. See attached letters from the Lexington Minute Men. The Town Celebrations Committee requests permission: a. For the Patriot's Day Morning Parade b. Patriot's Day Ceremonies on the Battle Green; and c. Patriot's Day Afternoon Parade. Selectmen's Meeting — February 22, 2011 Upon motion duly made and seconded, it was voted 4 -0 to approve all the requests for the Patriot's Day weekend events as presented above. Approve Signage on Bikeway The Bicycle Advisory Committee has requested permission to place up to 10 signs on the Bikeway to help publicize the importance of contributing funds for plowing. The signs would be up no later than the end of March. The Town Manager supports this request. Upon motion duly made and seconded, it was voted 3 -1 (Kelley opposed) to allow the Bicycle Advisory Committee to place up to 10 2 -sided signs (27x18 inches) on the Bikeway until the end of March to publicize how to make contributions to plow the bikeway. Consent Agenda Minutes Upon motion duly made and seconded, it was voted 4 -0 to approve the minutes of February 10, 2011 and February 14, 2011. Documents Presented 1. Town of Lexington — Center Playfields Drainage Study prepared by Stantec, dated September 29, 2009. (Just map of Fields 1 — 4 was presented). 2. Notice of Intent Vynebrook Village dated January 18, 2011 prepared for Lexington Housing Authority. 3. Summary of Revenues & Expenditures for the Town of Lexington FY 2009 -2012 Upon motion duly made and seconded, it was voted 4 -0 to adjourn at 10:30 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen's Meeting February 28, 2011 A regular meeting of the Board of Selectmen was held on Monday, February 28, 2011, at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Manz and Mr. Cohen will be hosting a post election celebration at the Depot on Monday, March 7, 2011, beginning at 7:00 p.m. Everyone is welcome. Town Manager Report The Recommended FY2012 Budget and Financing Plan was published on the Town website. Hard copies will be available at the end of the week. Mr. Valente recognized Mr. Addelson and Mr. Niemy for all their work in putting together the document. The staff kickoff of the Center Streetscape Study will be scheduled soon. Workshops will be scheduled on a couple of Saturdays. Public Hearing— Frances Road Street Acceptance Mr. Manz opened the hearing to questions and concerns from abutters and residents regarding the intent to layout Frances Road as a public way. The improvements are estimated to cost $200,000. If approved at Town Meeting the roadway will be accepted and improvements will be made to the roadway to bring it up to Town standards. The $200,000 will be recouped through a betterment charge to the abutting properties. Questions were asked about what would trigger a request for street acceptance. For streets that have been recently accepted a majority of the residents signed the petition. The Selectmen will discuss further whether there needs to be a policy on Street Acceptance and if it should include language that at least 50 percent of the residents have to sign a petition. Mr. Mroczkowski asked what the mechanism is for inspections as the road is constructed. Mr. Livsey responded that it will be bid as part of the town contract to construct the road to town standards using an approved contractor; also a full -time town engineering employee will be watching over the construction and doing the necessary inspections. The hearing was closed. The Selectmen will vote to layout Frances Road at the March 14 meeting. Selectmen's Meeting — February 28, 2011 Hartwell Square Sidewalk Support Ms. Mauger disclosed that she owns 100 shares of Boston Properties, the owner of the property which abuts the Colangelo's property. She checked with the Ethics Commission and does not have to abstain herself from any votes on this issue. Mr. Farrington, Lawyer, and Adam and Steven Colangelo, the owners of 12 -18 Hartwell Avenue, came before the Board to seek their support to pay for construction of a sidewalk in front of 24, 12 -18 Hartwell Avenue (to be come 2 and 4 -22 Hartwell Avenue) as part of their redevelopment of the site that has been approved by the Planning Board. The current building will be replaced with two new buildings for retail and restaurant use. They would be willing to discuss having a bus stop /cut away in a proper location in front of 12 -18 Hartwell Avenue. They also request that the Board support and participate in necessary meetings with the State and NStar regarding construction and funds for a sidewalk from where the Colangelo's sidewalk ends to the MBTA bus stop on Bedford Street near Beth Israel. Consideration should also be given to having a bus /shuttle service available and extending the MBTA bus service on Hartwell Avenue to include Monday through Friday. As part of the proposed redevelopment, they plan to join the 128 Business Council in order to continue discussions about a private shuttle service. Regarding the proposed $5 per square foot traffic mitigation fee, Mr. Farrington suggests that infrastructure issues should be handled separately from development issues and that they should be tracked by someone other than the Planning Board. Mr. Hornig, Planning Board, stated that the Planning Board appreciates the offer to build and supports the proposed sidewalk. The Planning Board's current plan is still on the table and they would like to meet with the Selectmen to discuss it in order to move it forward at the next Town Meeting. Mr. Hornig stated that the proposed sidewalk is sited so it will not impede the Planning Board's proposed Hartwell Avenue road improvements. Upon motion duly made and seconded, it was voted 4 -0 to support the proposed plans for a sidewalk, as presented. Article Presentations Article 40 — Amend Zoning By -Law — CRS Zone -1095 Mass. Avenue Mr. Fenn, representing Doug Chapman, owner of 1095 Mass. Avenue, stated the purpose of the article is to rezone the lot to provide a variety of possible options for various types of business to be allowed. The hearing before the Planning Board is scheduled for March 9. Selectmen's Meeting — February 28, 2011 Ms. McKenna has concerns about the current building because it won an award as one of the first businesses in the Historic Districts. If the zoning is not changed it would revert to residential. If the zoning is changed there would be a lot of possible uses that would bring more traffic to an already bad traffic area. She suggested that it would be helpful to know what the tax implications to the Town would be if the property is rezoned. Mr. Kanter, Capital Expenditures Committee, believes the article is premature because there is no plan and the current request opens the door to a lot of by -right alternatives which have not been evaluated. Ms. Moultrup, 10 Lockwood Road, is very concerned about approving a zoning change for a by- right use. The lot is small and there is no parking and the intersection is one of the worst in town because of the traffic. Article 29 — Amend Permanent Building Committee Bylaw Because of the Permanent Building Committee's workload, they are requesting approval to increase the membership from five to seven members and also ask for an option to appoint two Associate Members to sit in on specific projects when a regular member is unable to participate. Article 30 — Amend Bylaw — Town Meeting Procedure Mr. Kanter stated the rationale of the article is to make an adjustment to the bylaw so that the reconsideration procedure currently followed is protected and to confirm that the practices that are followed are what the code says and to alleviate the need for either finance committee to serve notice of reconsideration. The proposed bylaw changes will: eliminate ambiguity about whether a divided -out vote closed the article; clean up and maintain current practice for reconsideration; eliminate need for routine Notices of Reconsideration for budget - balancing or technical corrections; preserve the majority voting quorum that exists now; and provide unlimited reconsiderations for the new option being proposed which preserves the unlimited reconsiderations for what has been called Reopening. Article 35 — Support and Petition for Municipal Utilitv Act Mr. Mehr, Town Meeting Member, Precinct 3 and member of the Electric Utility Ad Hoc Committee, stated the purpose of the article is to confirm the support of the town to amend a law that prevents the formation of any new municipal electric utility in the Commonwealth. Representative Kaufman has been the leader since 2002 in filing these bills every session. In the last session the bill was released 36 days before the end of session and did not make it to floor because of language changes that needed to be addressed. Mr. Cohen would support a motion that states: that we will support general legislation and authorize the Selectmen to petition the legislation for a special act for Lexington. However, he also suggested that the Selectmen should consider whether the home rule act for Lexington should in fact be filed. He thinks general legislation for all towns should be the focus, not just Lexington. Selectmen's Meeting — February 28, 2011 Mr. Mehr welcomes suggested changes to the proposed motion. Mr. Manz will discuss the article with Representative Kaufman prior to taking a position. Article 5 — Appropriate for FY2012 Enterprise Funds Budgets Mr. Addelson, Comptroller, made the following recommendations for FY2012 retained earnings: $300,000 of wastewater retained earnings be appropriated to support the FY2012 operating budget and $300,000 of retained earnings be appropriated to finance a portion of recommended FY2012 wastewater capital and $450,000 of water retained earnings be appropriated to support the FY2012 operating budget and $120,000 of retained earnings be appropriated to finance the total water capital projects recommended for FY2012. Finally, it is recommended that a significant portion of the anticipated water surplus in FY2011 be used to finance the capital plan that will be considered at the 2012 Annual Town Meeting. Article 27 — Amend General Bylaws — Private Ways Mr. Cohen explained that the Town decided it needed a private ways bylaw because of a lawsuit brought against the Town as a result of an accident on an unaccepted street and because a General Law that allowed the Town to fill pot holes and make unaccepted streets passable was repealed and replaced by M.G.L. Chapter 40, Section 6N which allows Towns to adopt a bylaw for making temporary repairs on private ways. The proposed bylaw would apply to all unaccepted streets shown on the Town's Zoning Maps. Mr. Cohen will be meeting with a banker to discuss an issue brought up regarding residents that live on an unaccepted street and their ability to get a mortgage. Mr. Shapiro, 11 Wachusett Drive, which is an unaccepted street, asked the Selectmen to add paving or resurfacing to the bylaw, which could be used instead of a Private Street Agreement Mr. Cohen asked the Selectmen to think about whether they want to add paving/resurfacing to the proposed bylaw, remembering that there is a mechanism for residents on unaccepted streets to bring their street up to town standards and have it accepted. Mr. Shapiro thinks it would be better if the bylaw could take care of any mortgage requirements. It is a major hassle for residents that could be averted with a small change in the bylaw wording. Mr. Kanter, Capital Expenditures Committee, stated that when this article was discussed the focus was on having: a) something in place with legal protection from damages against the Town; b) as discussed with DPW only make necessary repairs on unaccepted street to ensure safety by fire and police; and c) that we did not wish to have this bylaw increase the towns obligation in any manner for unaccepted street. There is an enormous infrastructure backlog and the CEC is concerned with how the Town can get a handle on the backlog of the existing infrastructure. They are concerned that any changes may leave the door open for the town accepting responsibility for routine maintenance of unaccepted streets. Selectmen's Meeting — February 28, 2011 Mr. Hornig, 75 Reed Street, asked the Board to consider removing the section about Eligibility. The requirements in the Public Necessity and Public Use sections adequately protect the Town's interest in terms of limiting use of this bylaw to appropriate situations. The ability to patch or do emergency drainage repairs are valuable. He suggests that the Board should have the discretion to approve repairs on streets that do not meet Planning Board standards. The Selectmen will talk about this issue and discuss with Town Counsel and the Planning Director. Ms. McKenna, Chair of the Tourism Committee, petitioned the Town to accept Tavern Lane because of a concern of the Town's liability because the Tourism Committee hands out walking maps to people who visit the Munroe Tavern that shows a way to walk on Tavern Lane to the National Heritage Museum because there is no safe way to walk on Massachusetts Avenue to the Museum. They agreed to hold off pending the Private Way Bylaw article discussion at town meeting. She wants to make sure the issue on Tavern Lane is addressed in the bylaw language. Mr. Cohen stated Tavern Lane is a separate situation that the Town needs to work on separately. Consider and Approve Flowers Water /Sewer Abatement Mr. Manz met with staff and reviewed the abatement application file and believes the proposed abatement of $4,053.27 identifies the amount of water leaked between the fall of 2005 to the fall of 2007 and that the average daily usage derived by the staff to calculate the abatement appears reasonable and appropriate for a family of four. Upon motion duly made and seconded, it was voted 4 -0 to approve an abatement of $4,053.27 to the Flowers, to waive all associated interest and to forward a letter to the Flowers explaining the abatement. Approve Loan Requirements for Down Payment Assistance Program Town Counsel prepared the proposed vote, which is necessary to proceed with the affordable housing down payment assistance trial program proposed by the Housing Partnership Board and approved by the Selectmen. Upon motion duly made and seconded, it was voted 4 -0 to approve and sign the record of vote, as presented, for the Lexington Housing Partnership Down Payment Assistance Program. Appointment— Communications Advisory Committee Upon motion duly made and seconded, it was voted to appoint Smita Desai to the Communications Advisory Committee to fill the unexpired term of John Rommelfanger until September 30, 2012. Selectmen's Meeting — February 28, 2011 Article Positions The Board took positions on the following articles, which they all support: Article 14 — Street Acceptance — Frances Road Article 26 — Establish Qualifications for Tax Deferrals and Exemptions Article 28 — Amend Town Celebrations Committee Bylaw Article 29 — Amend Permanent Building Committee Bylaw Article 30 — Amend Bylaw — Town Meeting Procedure Article 32 — Accept MGL Chapter 138, Section 33B (Sale of Alcoholic Beverages by On- Premise Licensees on Sundays and Certain Legal Holidays) Article 33 — Accept State Land Grant— Cotton Farm Purchase Article 35 — Support and Petition for Municipal Utility Act Article 42 — Acquire Gift of Land — Myrna Road Article 44 — Accept Gift of Land — Off Hartwell Avenue On Article 16 — Accept MGL Chapter 32, Section 101, Supplemental Annual Allowance, three Selectmen support. Mr. Kelley is waiting for additional information. Documents Presented 1. Material relating to 1095 Mass. Avenue, including warrant article and Table 1 from Section 135 -16 of the Zoning By -Laws. Upon motion duly made and seconded, it was voted to adjourn at 10:40 p.m. A true record; Attest: Lynne A. Pease Executive Clerk