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HomeMy WebLinkAbout2011-10-BOS-min Selectmen’s Meeting October 3, 2011 A regular meeting of the Board of Selectmen was held on Monday, October 3, 2011, at 7:00 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Public Comment Mr. Adler, Precinct 1, had a couple of concerns regarding the Center Streetscape presentation from the September 26 Selectmen meeting that he wants the Selectmen to review carefully, including maintaining enough parking spaces for Library use and concerns over the proposed bridge crosswalks around Depot Square. Selectmen Concerns and Liaison Reports Mr. Manz reported that the Lexington High School football team won their game over the weekend. Town Manager Report Mr. Valente reported on the following items: 1.Flu clinics will be held at St. Brigid on October 5 for adults over 60 and on October 8 for children over 3 and adults over 60. 2.The Fire Department is having an Open House on October 22 from 10:00 a.m. to 2:00 p.m. and all public safety departments will participate. 3.Paving season is ending soon: Lincoln Street is being repaved on Wednesday, October 5, Worthen from Mass. Avenue to Waltham Street is being repaved on October 7 and Worthen from Mass. Avenue to Bedford Street is being repaved on October 10. 4.Reminder to residents to go to the Code Red icon on the webpage to sign up to get emergency notices. FY2012 Water/Sewer Rates Mr. Addelson, Comptroller, presented the following information:  The FY2012 water and sewer budgets that are the basis for proposed FY2012 rates;  Estimates of FY2012 usage to be used in calculating proposed FY2012 water and sewer rates;  Three scenarios for proposed FY2012 water and sewer rates;  Retained earnings history;  Presentation of the combined impact for each scenario of FY2012 water and sewer rates;  Five year history of rate increases in Lexington; and  MWRA Advisory Board annual water and sewer retail rate survey, November 2010. Selectmen’s Meeting – October 3, 2011 The three proposed scenarios for the FY2012 water and sewer rates are:  Equal percent increase in tier rates of 14.4% for average user with no use of additional retained earnings;  Equal percent increase in tier rates of 11.4% for average user with additional retained earnings applied; and  Varying increase in tier rates 9.7% for average user with additional retained earnings applied ($200,000 taken from both the water and sewer retained earnings). Mr. Bartenstein had several comments about the proposed scenarios and will be providing feedback before the Selectmen vote on the FY2012 water and sewer rates. The Selectmen will keep the public hearing open so that Mr. Bartenstein can present additional information to the Selectmen before the hearing is closed and the rates are voted on. Trash and Recycling Collection Task Force Report Mrs. Krieger, Chair of the Trash and Recycling Contract Task Force, along with Mr. Hadley, DPW Director, and Mr. Beaudoin, Superintendent of Environmental Services, presented their findings and recommendations on the six tasks assigned to them: 1.Single stream recycling collection - recommended keeping the current dual stream recycling system. 2.Multi-town regional collection bid – recommend looking into as long as RFP includes all the services and programs Lexington specifies. 3.Automated refuse and recycling collection systems using totes – not recommended because the totes are difficult to store and move for some residents. 4.Additional curbside yard waste pick-ups and other services: a.recommend adding eight more weeks of curbside yard waste collections (2 in April, 2 in May, 2 in June and 2 in September); b.recommend adding curbside recycling of rigid plastic (i.e., 5 gallon containers and certain toys); c.recommend removing carpet from the trash stream by requesting that carpet be designated for recycling and the hauler accommodate special pickups of carpet in the same manner that white goods are managed; and d.recommend including the Lexington Housing Authority in the Town’s solid waste and recycling program by requesting an add/alternate cost in the upcoming RFP. 5.Enhanced waste ban and mandatory recycling: a.recommend continuing to enforce the visible recycling ban and enforcing mandatory recycling by working out the details with input from the selected hauler and with an education program and grace period to provide time for residents to adapt to new procedures; and Selectmen’s Meeting – October 3, 2011 b.recommend reducing the number of trash barrels allowed each household per week from six to three bags or barrels (32 gallon) and one bulky item. 6.Staying with the current system and re-negotiating with the vendor – recommend that the trash hauling and recycling program be put out to bid. 7.Future projects – recommend starting discussions regarding a possible pilot program to pick up recycling in the Center Business District. 8.Dissolve Committee – recommend not dissolving the task force in case they are asked to participate with review of RFP and help with education program associate with mandatory recycling band. In response to questions about the mandatory recycling, the Task Force suggests an education process, stickers on trash cans if no recycling and a grace period which could lead to not picking up trash if there is no recycling. The Selectmen discussed the tote system and some suggested that it not be completely eliminated without further exploration. Totes have to be placed carefully and the trash trucks that pick up the totes are usually by themselves and if they have to adjust the totes it can cause traffic issues. Totes are a single stream recycling system which the Task Force believes will reduce the purity of the recycling and may cost the Town. Ms. McKenna applauds the additional curbside collections. She feels education is very important, but she is uncomfortable with strong mandatory enforcement. She hopes the Board will adopt most of the recommendations, except reducing the number of barrels/bags from 6 to 3. Mr. Griffiths, as a businessman in the Center, would like to see recycling in center adopted. He thinks mandatory recycling will require more thought. Upon motion duly made and seconded, it was voted 5-0 to approve the recommendations of the Trash and Recycling Collection Task Force. Mr. Beaudoin announced that the new recycling flyer is in the mail to residents. It is also posted on Town website and includes information on the new yard waste schedule. RFP for Anaerobic Digester at Hartwell Facility Ms. Mauger requested that the Selectmen vote to prepare and send out an RFP for locating an anaerobic digester at the Hartwell Avenue Compost Facility and she explained that the anaerobic digester facility would take green waste and compost it and the methane would be used for electricity. The Board of Health has provided their concerns, which are odor, air and water quality and vermin. That information will be provided to the consultant to integrate into an RFP. There are still a lot of questions to be answered but the RFP needs to be sent out to get some of those answers. Selectmen’s Meeting – October 3, 2011 Mr. Flynn, Board of Health, stated that the Board of Health is supportive of the concept and of sending out an RFP to get answers to some of their concerns. As a private citizen he is concerned about the possible level of commercial activity to the facility. He also feels the State should be providing the funding. Ms. Mauger explained the facility would take all yard and leaf waste and some green waste and there will be options for will be allowed to bring their waste and where it will be deposited. Funding will need to be discussed when have additional information. Mr. Burnell has no interest in adding 40 to 50 additional trucks onto Hartwell Avenue every day. The Economic Development Advisory Committee recommends that more review be done before sending out an RFP. There are also questions about whether the electricity generated is economical or not. Upon motion duly made and seconded, it was voted 4-1 (Burnell opposed) to authorize the Town Manager to prepare and send out an RFP for locating an anaerobic digester at the Hartwell Avenue Compost Facility. Munroe Center for the Arts License Renewal Mr. Griffiths, Munroe Center for the Arts Board, handed out to the Selectmen a sheet with information on the structure of the Munroe Center for the Arts and a current summary of building costs through August 31, 2011. Mr. Burnell would like some time to review the new information and asked the Board to table the discussion until the next meeting. Special Town Meeting The proposed Special Town Meeting does not include any articles that require a public hearing. The Board will discuss the articles prior to the Special Town Meeting. Future Meetings The Selectmen will schedule meetings for November 14, November 21, December 5 and December 12. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following adjustment of water and sewer charges: Adjustments of Water/Sewer Charges for October 3, 2011 $-23,656.46 Selectmen’s Meeting – October 3, 2011 Approve Use of the Battle Green – School INC Documentary Filming Upon motion duly made and seconded, it was voted 5-0 to approve a request of School INC to film a documentary on the Battle Green from 9:00 a.m. to 2:00 p.m. on Monday, October 10, 2011 in the area near the intersection of Bedford Street and Hancock Street. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of September 12, 2011, September 13, 2011 and September 20, 2011. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of September 12, 2011. Documents Presented 1.Information sheet on the structure of the Munroe Center for the Arts dated 10/3/11 2.Current summary of building costs through August 31, 2011 Executive Session Upon motion duly made and seconded, it was voted 5-0 to go into executive session to discuss strategy with respect to negotiations with non-union personnel, specifically the Director of Facilities and the Town Manager, 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 negotiating position of the Town. Mr. Burnell left the meeting at 9:20 p.m. during the executive session. Upon motion duly made and seconded, it was voted 4-0 to adjourn at 10:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Summit Meeting Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee October 5, 2011 A Summit was held on Wednesday, October 5, 2011, at 7:00 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, Finance Director, Mr. Kalivas, Budget Officer; Mr. Goddard, Director of Public Facilities and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: All School Committee (SC) members with the exception of Ms. Brodner and Ms. Steigerwald; Dr. Ash, Superintendent of Schools; all members of the Appropriation Committee (AC) with the exception of Ms. Garberg; all members of the Capital Expenditures Committee(CEC); and Mr. Himmel, chair, Permanent Building Committee. Sign Special Town Meeting Warrant Mr. Manz reported that the School Committee has requested the Selectmen to sign the Warrant for the Special Town Meeting on Monday, November 14, 2011. Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to sign the Warrant for the Special Town Meeting on Monday, November 14, 2011. Procedure for Meeting Minutes for Summit Meetings Mr. Manz opened the discussion by explaining that since all of the groups attending the Summit are required to post the meeting, they all need to have agendas and minutes. It was decided that all of the groups would point to the same agenda posted by the Selectmen and reference the Selectmen’s minutes. FY2013 Budget Kick-Off Discussion Mr. Valente noted that the information presented tonight is available on the Town’s website. The presentation provides an informed snapshot of Lexington’s financial condition to assist policymakers in preparing for the FY2013 Budget Process. Evaluation of the Fiscal Health of the Town – Indicator Analysis, FY 2000 - 2011 Using a series of recognized metrics from professional organizations, including the International City/County Management Association, (ICMA), the Government Finance Officer’s Association (GFOA), Moody’s Investor’s Service, and data from the Town of Lexington, the Mass. Department of Revenue, the Mass. Department of Education, and the U.S. Census Bureau, Town staff has compiled 14 indicators with which to evaluate the Town’s fiscal health. Mr. Valente reported that Lexington’s financial condition is generally sound. In particular, Lexington has positive revenue growth, stable labor costs as a percentage of total operating costs, Summit Meeting – October 5, 2011 adequate pension funding, a good balance of revenues related to economic growth, low debt service, and adequate reserves. Lexington’s financial condition is satisfactory in the areas of expenditure growth. Lexington’s financial condition is unsatisfactory in the areas of state aid and employee liabilities (with the exception of pension funding). In particular, Lexington continues to witness significant increases in employee benefit costs, and unreliable levels of state aid. Notwithstanding the recent downgrading of the federal government’s credit rating, the data in the report presented suggests that the Town’s financial condition is strong and the Town is expected to maintain its Aaa credit rating. Revenue and Expenditure Projections FY2013 – 2015 Mr. Addelson presented a 3 year revenue and expenditure projection. He explained that budget decisions made within a given fiscal year often have significant implications for subsequent fiscal years. The revenue and expenditure projection presented is intended to facilitate discussion among community “stakeholders” with the hope that it will result in the identification of issues that call for further discussion and analysis as the FY13 budget cycle unfolds. The forecast presented projects general fund revenues and expenditures for the period FY 2013 – 2015. It is important to emphasize that the projection is not a proposed or recommended budget. The forecasting methodology is a maintenance budget approach; that is, the projected increase in costs needed to maintain the “current level of services” reflected in the adopted FY12 budget. As a general rule, it only includes increases driven by estimated inflationary pressures, current collective bargaining agreements and other existing purchase of service contracts. Revenues are generally projected based on historical experience. The difference between projected revenues and expenditures is characterized as “surplus/shortfall”; that is, those surplus funds that can be used to fund “variable cost drivers”, for example, finance capital projects, provide for salary increases, restore services eliminated or reduced in a prior fiscal year, fund reserves, etc. Mr. Addelson reported that the Town is expecting a surplus in FY13, FY14, and FY15 as follows: FY2012 FY2013 FY2014 FY2015 Estimated Projection Projection Projection Total Revenues $152,730,211 $160,131,043 $161,144,705 $166,228,473 Total Expenses $152,730,211 $158,320,549 $160,854,047 $165,558,916 Surplus (Shortfall) $0 $1,810,495 $290,658 $669,558 FY2013 Budget Calendar The FY2013 Budget Calendar was included in the materials presented. The calendar lists dates for upcoming Summit Meetings: Summit II on November 17, 2011; Summit III on January 19, 2012; and Summit IV on February 16, 2012. Summit Meeting – October 5, 2011 FY2013 Budget Policy Issues Mr. Valente presented the following budget policy issues: 1.Financial impact of a new health insurance coalition agreement with employees and retirees (based on the change in law passed earlier this year). 2.Financial impact of collective bargaining agreements for FY13 (making no assumptions on increase in salary) 3.Property Tax impact of Bridge/Bowman and Estabrook schools projects (If Town Meeting approves those projects and if they are successful on a debt exclusion ballot.) Mr. Lamb (CEC) added that 3(a) should be the Tax impact of failure of a debt exclusion override. 4.Long-term financing plan for street improvements/reconstruction. Bridge/Bowman and Estabrook Schools Building Updates; Special Town Meeting and Debt Exclusion Discussion Mr. Goddard, Director of Public Facilities, reminded the group that at the last meeting when three timing options for debt exclusion and Town Meeting votes for the Bridge, Bowman and Estabrook projects were presented the consensus was to proceed with Option 3: Bridge /Bowman and Estabrook Voted on Same Date and Special Town Meeting for Bridge/Bowman. He reported that the Permanent Building Committee, Facilities Department and School Department are on target with an aggressive schematic design schedule. Mr. Himmel, chair Permanent Building Committee and Mr. Goddard, Director of Public Facilities presented a Project Cost Review for the Bridge and Bowman Schools. The Design Development Estimate came in at $22,141,429. This is an increase of $2,771,000 over the previous estimate of $19,370,000 at Schematic Design. In response to Mr. Kelley’s question about energy efficiency Mr. Goddard explained that there will be a significant operating cost reduction at the Bridge and Bowman Schools. The Town can expect these schools to perform at approximately $1.66 per square foot compared to the new schools Fiske and Harrington which perform at about $2.00 per square foot. In response to Mr. Kelley’s question about space needs, Mr. Ash explained that with four additional classrooms, Bridge and Bowman will be able to accommodate current enrollment program space needs and room sizes will be comparable to the new schools Fiske and Harrington. Mr. Goddard presented the Bridge and Bowman Schools Project Schedule. Construction would begin in April of 2012 and be completed in the fall of 2013. Mr. Goddard also presented the Estabrook Elementary School Project Schedule through Schematic Design. He is hopeful that the Town is going to be able to meet this schedule for the Massachusetts School Building Authority (MSBA) Board to vote Scope and Budget on March 28, 2012. The MSBA is going to allow the Town to build an 82,000 square foot school. Mr. Goddard thought the cost would be roughly in the $32 – 34 million range. Summit Meeting – October 5, 2011 Establish Date: Summit Meeting II The date for the next Summit was set for Thursday, November 17 at 7:00 p.m. in the Public Services Building, 201 Bedford Street. Upon motion duly made and seconded, it was voted to adjourn at 8:52 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting October 11, 2011 A meeting of the Board of Selectmen was held on Tuesday, October 11, 2011, at 7:00 p.m. in the Public Services Building Cafeteria. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Also Present: Busa Land Use Proposal Committee (BLUPC): Mr. Horton, Chair, Mr. Dailey, Mr. Fulop, Ms. Johnson, Ms. Shadley, Ms. Strod and Mr. Zabin. Mr. Manz stated that the meeting was a public meeting, not a hearing. This was to give the Selectmen an opportunity to ask questions of BLUPC. The Selectmen asked questions about the process BLUPC used and whether they received what they needed to complete their report. BLUPC used an open process by listening to everyone and looking at the land. The survey was extremely helpful when reviewing the proposals and seeing what would fit and where. When the Selectmen asked for advice for moving forward, BLUPC members differed in their responses. Ms. Strod said it was important to review the actual visuals. Ms. Shadley felt that because of the nine months it took BLUPC to complete its charge the Selectmen would have to start over if they did not want to follow the BLUPC recommendation. Mr. Zabin felt the report provided factual issues for the Selectmen to work with. Mr. Cohen asked whether BLUPC discussed the financial viability of the farm. BLUPC included cost in its criteria evaluation list and included those figures in the report. Mr. Dailey suggested the Board keep in mind the $4 million spent on the property. He is not sure a farm is viable and also suggested that the existing greenhouse and sanitary facilities have to be inspected to see if they are viable for use by the community farm. BLUPC suggested that the Selectmen look at other community farms currently operating. Mr. Burnell asked how far BLUPC was able to go in evaluating the three proposals and whether there were any other options. BLUPC realized the need for housing and additional fields, but a majority of the community came out in favor of maintaining a farm because of the local food movement. As part of BLUPC’s evaluation they visited other community farms, looked at other possible locations for a farm, but felt the Busa property site for the community farm would be the best. They also looked at other possible locations for recreation fields, because alternate orientations and locations for fields on the Busa Property were not feasible. Selectmen/Busa Land Use Proposal Committee – October 11, 2011 Asked if BLUPC evaluated the number of residents that would benefit from each different use, they responded that there is information in the report received from recreation and the community farm group. Ms. Johnson felt the community farm would serve children that are not athletes, and also the disabled and elderly people. Mr. Cohen asked that it be kept in mind that the Town has to stay on top of the 10 percent requirement for affordable housing. The Busa Property was purchased with Community Preservation Act money and for the housing piece a covenant would be written that stated the specific location of the housing and that could not be changed. He has concerns about a community farm being financially viable and asked whether a community farm could be tried for a few years. Mr. Dailey suggested that land on Waltham Street may be viable for a community farm. He feels the Busa Property could then be used for recreation and housing needs. The Busa Property is an asset and should not be used for a community farm unless it is a viable option. Since Town Meeting received a presentation that included recreation, affordable housing and community gardens, Mr. Burnell does not think that can be disregarded and all options need to be looked at. Mr. Zabin suggests that it would not be easy to try a community farm and then take it away if it does not work. It would be difficult to get residents to sign up for shares. The critical issue is what is the best use of the Busa Property. Asked if the property had pollution issues or not, BLUPC was told it was clean, but suggested that the proposal be evaluated to see what codes would need clarification. Suggested that the Board clarify what generated the purchase of the Busa Property, get out what Town Meeting said to residents and what the actual vote of Town Meeting was and for what purpose. Mr. Kelley was on the negotiating committee for the Busa Property and stated that the Conservation Commission was not interested in the land. The negotiating committee felt the land should be purchased with CPA funds and used for recreation and affordable housing. Since then he has reached the conclusion that the property should be used for a community farm and the Town should put out an RFP to answer any remaining questions. In order to have Town Meeting vote on the CPA request to purchase the Busa Property, the Town came up with three options. The Town Meeting vote was changed so that all three options did not have to be in the final plan. When BLUPC started meeting they planned on looking at including all three options. Not until the survey was done did they realize that was not possible. Selectmen/Busa Land Use Proposal Committee – October 11, 2011 The owners of the abutting piece of land that was once owned by the Busa family have said they are not interested in selling the property and so BLUPC did not evaluate the proposals with that piece of the property in mind. A majority of BLUPC are in favor of the community farm. Some members want some affordable housing, but they differ on how many units and where to locate them. BLUPC included this information in the report. The Selectmen need to have further discussions about affordable housing and how many units should be considered and where they should be located. Mr. Burnell does not believe the Selectmen should decide on affordable housing until a decision on other uses has been decided. He is in favor of affordable housing that would include two double units on Lowell Street where one unit would be by lottery and three would be under the jurisdiction of LexHAB and then all four units would be included in Lexington’s 10% affordable housing inventory. He suggests having a professional draw up a proposal that includes the affordable housing, a field and the rest farming; then analyze other farming land in Lexington and determine how to apply and use land for farming. The Selectmen decided that LexHAB should be invited in to present what they believe is feasible for affordable housing on the Busa Property. The suggested date for this meeting is November 1. The question was asked whether the Housing Partnership Board should be part of the affordable housing discussions. Ms. Strod said the committee discussed integrating farming with the housing piece and she hopes the Selectmen will discuss that option further. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 8:50 p.m.. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting October 17, 2011 A regular meeting of the Board of Selectmen was held on Monday, October 17, 2011, at 7:00 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Manz attended the Bowman Safe Routes to School opening. Town Manager Report Mr. Valente reported on the following items:  A community reception for Joe Alfonse, the new Veterans’ Services Officer on October 18;  Fire Department Open House on October 22, also including Police, Human Services Departments and information about Code Red;  A generous donation from Shire HGT Pharmaceuticals to the Fire Department for fire safety training and equipment;  A generous donation from the Elks for obtaining smoke detectors and carbon monoxide detectors for the elderly, which the fire department will install; and  A new assignment for the Town Manager includes writing a weekly column for the Patch. Grant of Location – Nstar – Whittier Road This work is necessary to provide new underground electric service to 4 Whittier Road. Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Nstar Electric to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located under the surface of Whittier Road northerly at pole 383/2 approximately 302 feet southwest of Graham Road, a distance of about 45 feet + of conduit. Grant of Location – Nstar – Holmes Road This work is necessary to provide new underground electric service to 19 Holmes Road. Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Nstar Electric to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located under the surface of Holmes Road northerly at pole 412/4 approximately 470 feet southwest of Thoreau Road, a distance of about 64 feet + of conduit. Selectmen’s Meeting – October 17, 2011 Grant of Location – National Grid – Forest Street This work is necessary to provide new gas service for houses at 57, 59 and 60 Forest Street. Upon motion duly made and seconded, it was voted 5-0 to approve the petition of National Grid for a grant of location to install and maintain approximately 110 + feet of 4” gas main in Forest Street from existing 4” gas main at House #58 northerly to House #59 to service Houses #57, #59, and #60. Continue FY2012 Water/Sewer Rate Hearing This is a continued hearing from October 3, 2011. The Board reviewed the alternative scenarios for the FY2012 water and sewer rates:  Equal percentage increase in Tier rates with no use of retained earnings;  Equal percentage increase in tier rates with retained earnings applied; and  Varying percentage increase in tier rates with additional retained earnings applied. Mr. Addelson, Comptroller, is prepared to provide additional scenarios if requested by the Board. Mr. Bartenstein provided a presentation on his proposed general concepts:  rate stability should be a goal.  management of retained earnings; and  use of long-term consumption data to set rates. He will work with Mr. Valente and Mr. Addelson on a joint proposal for the FY2012 water and sewer rates. His specific recommendations for the FY2012 rate setting include:  ratifying the FY2011 rates already charged;  not adjusting the long-term average for irrigation water usage;  adjusting long-term averages for Tier 3 water and sewer usage to recognize new Shire use;  applying $200,000 additional retained earnings to buffer sewer rates only; and  not increasing Tier 3 by a higher percentage. His long-term recommendation is to combine the water and sewer enterprise funds. Because of the current effort to limit MWRA water rate increases Mr. Burnell suggests the Town maintain reserves at the upper limit this year until it is clear whether that effort will affect the Town. Selectmen’s Meeting – October 17, 2011 Mr. Bartenstein suggests using reserves for capital projects if the reserves are significantly more than what is needed, which would bring down borrowing costs in the long-term and give long- term rate stability instead of short-term rate relief. There was much discussion about the retained earnings and different scenarios on how much to use from the water and sewer retained earnings. Mr. Bartenstein suggests that there needs to be a discussion and a policy set on what the levels should be for the water and sewer retained earnings. In response to questions about Shire’s water usage rates, Mr. Addelson will be reviewing usage information over last seven years. He will also be reviewing the irrigation rates. Upon motion duly made and seconded, it was voted 5-0 to close the FY2012 water and sewer rate hearing. Presentation of School Transportation Report for 2011 Ms. Crocker, Safe Routes to School Coordinator, Sidewalk Committee, presented the School Transportation Report for 2011. This report was prepared by the Sidewalk Committee’s Safe Routes to School Program, the Lexington Public Schools and Lexpress. They sponsored a survey in March 2011 to better understand how well the current public school transportation system serves the needs of the students. The goal of the anonymous survey was to gather information on how to best improve issues such as traffic congestion and safety at all the schools. The response rate to the survey was 30 percent and based on the tabulated results and comments provided, the overwhelming tone of the survey respondents echoed that our public school community wants change in the current transportation system. The results suggest that more students should use the school bus, more students should consider walking or biking and there should be deterrents for those that drive their kids to school. Also the school bus service should be modified to better serve its population, especially the costs of the service. The following action items are suggested as possible solutions: 1.Propose steps to lower costs 2.Propose steps to increase bus timeliness 3.Look at proposed initiatives of Safe Routes to School Program. 4.Propose steps to address discipline issues 5.Propose steps to address student tardiness. 6.Proposed steps to address safety concerns. Safe Routes would like to form a small focus group to oversee action items based on the suggestions listed in the school transportation report that would include: Lexington Public Schools (LPS) Transportation, Sidewalk Committee/Safe Routes to School; LPS Administration, School Committee, Board of Selectmen, Police and the Transportation Advisory Committee. Selectmen’s Meeting – October 17, 2011 The Selectmen agreed to the suggested group and Ms. Mauger agreed to work on proposed charge and be the Selectmen’s representative on the group. Discuss Munroe Center for the Arts License Renewal Mr. Burnell withdrew his request at this time to discuss increasing the Munroe Center for the Arts license amount after reviewing the revised income and expenses that showed an increase in expense costs. Leary Housing Discussion Mr. Valente asked the Board if they wanted to include a request for funding in the FY2013 capital budget for affordable housing on the Leary parcel. Funding requests from the Community Preservation Act are due to the Community Preservation Committee (CPC) by November 1. A majority of the Selectmen feel there is not enough information yet to submit a request for funding from the CPC. FY2012 Budget Adjustment Discussion Mr. Addelson, Assistant Town Manager of Finance, presented a list of the preliminary FY2012 operating and capital budget adjustments for discussion with the Board. Revised Revenue Adjustments: Property Tax Levy $1,200,000 State Aid -$67,214 Local Receipts -$124,834 Available Funds $108,046 Revenue Offsets $330,953 Total available for Appropriation $1,446,951 Potential/Proposed Supplemental Appropriations: Snow/Ice deficit $655,000 Fire Department Radio System $170,000 Veteran’s Benefits $100,000 Veteran’s Officer $30,000 Noise Bylaw Technical Support $5,000 Special Election/Debt Exclusion $20,000 Recording Secretary for Historical Commission TBD Fire Department Vehicle Maintenance $60,000 Selectmen’s Meeting – October 17, 2011 Facilities Capital – Clarke School $36,400 Town Manager – Expenses $20,000 Library Archives Capital Project $30,000 Health Insurance TBD Total $1,191,400 The Recording Secretary for the Historical Commission would be a small amount. The Health Insurance amount will be revised based on final rates. Preliminary Balance Available is $255,551, pending further information on state aid and health insurance. Potential uses for using the available funds includes: streets and roads reconstruction, snow/ice removal, free cash and stabilization fund. Mr. Burnell would like the available funds used for streets and roads construction. The Selectmen will wait to see the revised adjustment information at the next meeting. The Selectmen thanked the Town Manager, Comptroller and staff for the Town’s surplus where many towns have deficits. Mr. Kelley asked the Board to consider setting the tax rate lower than the 2.5% increase that is allowed. Ms. McKenna would like the Board to consider using the available funds for health claims. She also suggested using the funds to bring back the foreign language program to the elementary schools. Approve Class II License for Scott the Car Guy Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue a Class II license to Scott The Car Guy, LLC, 47 Kendall Road, contingent on no vehicles being stored at the location at any time and subject to the response from the CORI request. Discuss Metropolitan Planning Organization (MPO) Election The MPO election is being held on Wednesday, October 26, 2011. Hank Manz and Richard Canale will attend. If Lexington is elected Richard Canale will be Lexington’s Representative. It is suggested that Lexington vote for Arlington and Lexington for the two At-Large Town seats, Hopkinton for the South West Area Planning Committee seat and all the other uncontested races. Selectmen’s Meeting – October 17, 2011 Upon motion duly made and seconded, it was voted 5-0 to submit the 2011 Metropolitan Planning Organization Absentee Ballot as presented. Sign Proclamation for Pancreatic Cancer Awareness Month Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation proclaiming November 2011 as Pancreatic Cancer Awareness Month and urge all citizens of Lexington to support the Pancreatic Cancer Action Network and its affiliates to help find a cure for Pancreatic Cancer. Committee Appointments/Resignations Town Report Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Gloria Amirault and Margareth Sarmiento to the Town Report Committee for 1-year terms to expire September 30, 2012. Greenways Corridor Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Eileen Entin to the Greenways Corridor Committee for a 3-year term to expire September 14, 2014. Tax Deferral and Exemptions Study Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Joel Adler from the Tax Deferral and Exemptions Study Committee, effective immediately. Committee Membership Changes Because of the new Open Meeting Law and the quorum requirements, it was decided to revise some committee charges that had a range of members. Upon motion duly made and seconded, it was voted to revise the charge for the Economic Development Advisory Committee by changing the membership to nine (9). Upon motion duly made and seconded, it was voted to revise the charge for the Greenway Corridor Committee by changing the membership to nine (9). Upon motion duly made and seconded, it was voted to revise the charge for the Lexington Human Rights Committee by changing the membership to nine (9). Upon motion duly made and seconded, it was voted to revise the charge for the Sidewalk Committee by changing the membership to nine (9). Selectmen’s Meeting – October 17, 2011 Future Meetings Department budget presentations will be made to the Selectmen on November 30, December 1, December 5 and December 6. Consent Agenda Ratify Poll Vote – Use of Battle Green – School INC Documentary Filming Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to allow School INC to film a documentary on the Battle Green on Tuesday, October 11, 2011 between 9:00 a.m. and 2:00 pm. in the area between Massachusetts Avenue and Bedford Street. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of September 26, 2011 and October 3, 2011. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of September 26, 2011 and October 3, 2011. Documents Presented 1.FY2012 Water-Sewer Rate Analysis, prepared by John Bartenstein, Appropriation Committee. 2.School Transportation Report 2011 Presentation, October 11, 2011. Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session to discuss strategy with non-union personnel, specifically the Town Manager, and to reconvene in open session only to adjourn. Upon motion duly made and seconded, it was voted to adjourn at 10:50 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting October 24, 2011 A regular meeting of the Board of Selectmen was held on Monday, October 24, 2011, at 7:00 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Ms. Mauger announced that the Setback Agreement Tree Program was successful and all 20 trees were planted for the fall of 2011. Ms. Mauger thanked the accomplishment of Max Gunther of Boy Scout Troup 119 for his Eagle Project in Paint Mine that replaced a steep connector trail with a new more moderately pitched trail across the slope. The new trail was fenced in and the old trail closed. The new trail is part of and will facilitate continuation of the ongoing large trail improvement project in Paine Mine. Ms. Mauger also thanked the 70 kids from the Lexington High School Boys’ and Girls’ Cross- Country Teams for their hard work carrying 12 tons of boardwalk material along a long, muddy, slippery path to build a new 776-foot boardwalk to be built in Paint Mine. Mr. Cohen thanked Joann Gschwendtner for the use of her home to hold a very successful brunch that the Selectmen auctioned off to benefit the Library. He thanked John Carroll, who bid on the brunch, for his contributions to Lexington. The Fire Department held a successful open house on Saturday, October 22. Town Manager Report The Town Manager reported on the following:  A free medical waste collection will be held on Saturday, October 29, from 9:00 a.m. to 12:00 noon.  The Town Office Building renovation project will begin its last phase of remodeling the Community Development area which is expected to take 8 weeks.  There was a Center Streetscape Master Plan public meeting last week to hear comments and suggestions for the sidewalk material and street furniture. The working group will take the comments and make a presentation to the Selectmen.  The current 3-year contract for natural gas expires in October 2012. It was decided that this would be a good time to rebid the contract based on some trends in natural gas prices. A new 3-year contract, beginning in October 2012, was accepted which will reduce costs by approximately $288,000 for each year of the contract. Selectmen’s Meeting – October 24, 2011 Town Election/Presidential Primary Discussion Ms. Hooper, Town Clerk, discussed with the Selectmen the possibility of combining the 2012 Annual Town Election and the 2012 Presidential Primary on Tuesday, March 6. The Annual Town Election is typically held the first Monday in March, which would be March 5, 2012. The current schedule for the 2012 Presidential Primary is Tuesday, March 6, 2012. Combined elections in the past have been successful with high turnout. They also reduce the inconvenience to the host buildings, traffic and the time of police and election workers. Ms. Hooper asked the Selectmen to consider having the election combined on March 6, but wait to vote until dates are finalized. She will attend the Selectmen meeting on November 7 and provide an update. Vote FY2012 Water and Sewer Rates Mr. Addelson, Comptroller, provided a table showing historic water and sewer usage between FY2005 and FY2011. After further analysis and discussions with Mr. Bartenstein, the following modifications are suggested:  Revised estimates of Tier 1 and Tier 2 water and sewer usage to reflect three year averages, rather than seven year averages, to account for a new pattern of usage that is reflected in actual figures from FY2009 on. The exception is Tier 2 sewer which is based on a six year average that excludes FY2011 usage because it is an outlier.  Increased Tier 3 for water and sewer to reflect the Shire facilities that have come on line, particularly its manufacturing facility.  Increased estimates of irrigation usage based on the inspection of meter readings that have been taken for the upcoming fall bills for irrigation. Mr. Addelson also provided information depicting various rate scenarios and the rate increases for each, and the impact on the average user of 120 HCF per year. Mr. Bartenstein, Town Meeting Member, Precinct 1 and member of the Appropriation Committee, agrees with ratifying the FY2011 as-billed rates for water and sewer. Regarding whether to change the difference between Tiers 1 and 2 and Tier 3 and whether to drawn on retained earnings in water, sewer or both, he believes there needs to be a policy discussion on how to divide between different users. The steepness of rates needs to be revised and he recommends an average rate block and then having the highest rate block not more than 20 percent more than the middle block. He also suggests the Town should stay in line with other communities. He reminded the Board that for each $100,000 used from retained earnings is a 1 percent decrease in rates, but if you do not appropriate the same $100,000 each year there will be a 1 percent increase. Other issues that the Board needs to keep in mind when using retained earnings are: the PILOT reduction program has ended, the indirect reduction program is about to end, debt service costs are growing and large accumulations of retained earnings are being reduced. Selectmen’s Meeting – October 24, 2011 Ms. Mauger supports ratifying the FY2011 as-billed water and sewer rates. She does not want to do a differential on Tier 3 because commercial businesses are feeling pinched. She wants to see a smooth rate of increase rather than a volatile rate increase. Long-term the Board needs to discuss combining the reserve funds, using debt service, growth and the steepness of the rate structure; may need to reconstitute the rate group. Mr. Cohen agrees with ratifying the FY2011 as-billed water and sewer rates. For use of retained earnings, only $200,000 should be used from water. Not wise to go below $1 million in the sewer reserves. Mr. Burnell suggests using the reserve fund only if it there is an appropriate amount in the reserve funds. He agrees with using $200,000 from retained earnings for water. He supports the equal percentage increases, but suggests the staff look at going to a fixed dollar amount increase rather than a percentage, which will reduce the differences between rates and keep the rates from growing apart. Mr. Kelley supports the equal rate increase over tiers but suggested using $200,000 from both water and sewer retained earnings to bring the combined increase to 9.9 percent. The Selectmen asked what minimal balance the water and sewer retained earnings reserve funds should have. Mr. Addelson believes the bottom end balance should be at least $1 million. Upon motion duly made and seconded, it was voted 5-0 to ratify the FY2011 rates as-billed (Block 1 - $3.02; Block 2 - $4.53; Block 3 - $5.96; Irrigation - $5.96). Upon motion duly made and seconded, it was vote 5-0 to approve the following water and sewer rates for FY2012: Water Sewer Block 1 3.12 6.68 Block 2 4.68 10.91 Block 3 6.16 17.33 Irrigation 6.16 Municipal 2.07 2.30 Hanscom 4.60 Cambridge Research 4.60 VA Hospital 5.49 Selectmen’s Meeting – October 24, 2011 FY2012 Budget Adjustment Mr. Addelson, Comptroller, reviewed the revised FY12 budget adjustments. Revised Revenue Adjustments: Property Tax Levy $1,200,000 State Aid -$67,214 Local Receipts -$124,834 Available Funds $108,046 Revenue Offsets $330,953 Total Available for Appropriation $1,446,951 Potential/Proposed Supplemental Appropriations: Snow/Ice deficit $655,000 Fire Department Radio System $180,000 Veteran’s Benefits $100,000 Veteran’s Officer $30,000 Noise Bylaw Technical Support $5,000 Special Election/Debt Exclusion $20,000 Recording Secretary for Historical Commission $1,800 Fire Department Vehicle Maintenance $60,000 Facilities capital article (Clarke Paving) $65,000 Facilities Dept. Expenses (Clarke) $36,400 Finance – Legal Expenses $50,000 Town Manager – Expenses $20,000 Library Archives Capital Project $30,000 Health Insurance -$1,250,000 Total $3,200 Preliminary Balance Available $1,443,751 The revisions include a budget reduction for the health insurance line of $1,250,000 and a new line item for legal expenses for tax abatement cases currently before the Appellate Tax Board for $50,000. The Shire TIF calculation has not been resolved yet with DOR. The proposed budget adjustments have been reviewed by the Appropriation Committee. They support some additional funding for snow/ice removal and cash capital purposes. They are looking for direction from the Selectmen on how they want the funds used so they can prepare their report for the Special Town Meeting. Selectmen’s Meeting – October 24, 2011 Because of the available funds, Mr. Kelley discussed the possibility of increasing the tax rate by only 2 percent rather than the allowed 2.5 percent. Mr. Cohen suggested using some of the available funds in the reserve fund to use for snow/ice deficit if needed. He also supports putting some into cash capital for streets or in free cash. Mr. Burnell suggests using $400,000 of the available funds for streets. Upon motion duly made and seconded, it was voted 5-0 to support all of the proposed supplemental appropriations listed above. Upon motion duly made and seconded, it was voted 5-0 to appropriate $350,000 to the reserve fund for snow/ice. Ms. Mauger made a motion to let the remaining balance go to free cash to be used for FY2014 capital, which could include streets. Mr. Addelson reminded the Board that if the money goes to Free Cash it is subject to appropriation by Town Meeting and cannot be earmarked. Mr. Burnell stated his case for using some of the funds for streets, which he feels the budget should be increasing by $300,000 to $400,000 each year to stay on course to save money in the long run. Upon motion duly made and seconded, it was voted 1-4 (Burnell for) to let the remaining balance go to free cash with the exception of $400,000 to the street line item. Upon motion duly made and seconded, it was voted 5-0 to let the remaining balance go to free cash for FY2014 capital. Transportation Governance Committee The Transportation Governance Ad Hoc Study Committee will review and make recommendations to the Selectmen concerning options for a new committee(s) structure that will streamline the oversight of transportation and safety related policies in the community. Specifically the goal of the Committee is to examine the existing committee structures and charges, identify redundancies and overlap of responsibilities and recommend an improved oversight model. Upon motion duly made and seconded, it was voted 5-0 to approve the Transportation Governance Ad Hoc Study Committee charge and to designate members as special municipal employees. Selectmen’s Meeting – October 24, 2011 Upon motion duly made and seconded, it was voted 5-0 to appoint the following to the Transportation Governance Ad Hoc Study Committee:  Jeanne Krieger, Chair;  Bill Levison, Transportation Advisory Committee;  Dave Cannon, Traffic Safety Advisory Committee;  Peggy Enders, Bicycle Advisory Committee  Jerry Van Hook, Sidewalk Committee;  Richard Canale, Planning Board  Michelle Ciccolo, Planning Board  Hank Manz, Board of Selectmen  Norman Cohen, Board of Selectmen  Linda Vine, Town Manager’s Office Staff  Maryann McCall-Taylor, Planning Board Staff Town Seal Committee The last time the Town Seal of Lexington was examined for appropriateness was in 1934 when the Town Seal was modified to replace the Minuteman with the image of Captain Parker. Because the new Town Seal was not appropriate for all the printing techniques in use at the time, alternative seals have been used that have departed from original design of the Town Seal. th The Committee will bring the Town Seal up to date before the 300 celebration. This Committee should finish its work before the start of the 2012 Annual Town Meeting. It is charged with: 1.examining the original Town Seal and determining what changes might be needed to make it appropriate for use on materials in use today including, but not limited to standard printing and copying operations; 2.development of both a black-and-white and color version of the Seal; 3.Development of a plan to promulgate the revised seal throughout the various Town organizations and entities which use it; and 4.Development of Town Flags of various sizes, using the Town Seal, for sale. Upon motion duly made and seconded, it was voted 5-0 to approve the Town Seal Committee charge and designate the members as special municipal employees. Upon motion duly made and seconded, it was voted 5-0 to appoint the following members to the Town Seal Committee: Sam Doran, local history; Judy Seppala, printing and copying techniques /graphics; Rebecca Fagan Gorospe, graphics/printing and copying techniques; Hank Manz, Selectmen; and Donna Hooper, Town Clerk. Selectmen’s Meeting – October 24, 2011 Consent Agenda One-Day Liquor License – LHS Softball Boosters Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the LHS Softball Boosters fundraiser to serve all alcohol on Saturday, October 29, 2011, from 8:00 p.m. to 11:30 p.m. at the Knights of Columbus, 177 Bedford Street. Proclamation – Employee Recognition Day Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Employee Recognition Day proclamation for November 16, 2011. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of October 5, 2011 and October 11, 2011. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of October 12, 2011. Documents Presented 1.FY2012 Water-Sewer Rate Analysis, John Bartenstein, October 24, 2011. 2.Transportation Governance Ad Hoc Study Committee draft charge. Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session to discuss strategy with non-union personnel, specifically the Town Manager, and to consider the purchase, exchange, lease or value of real property and to reconvene in open session only to adjourn. Further the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting October 26, 2011 A regular meeting of the Board of Selectmen was held on Wednesday, October 26, 2011, at 7:00 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; and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: Mr. Hays, Vice Chair of LexHAB, Mr. Eagle, Mr. Savage, and Ms. Wood; Ms. Kluchman, Chair of Housing Partnership Board, Mr. Kreutzinger, and Ms. Manz. Busa Property Discussion with LexHAB Mr. Hays, Vice Chair of LexHAB, explained that LexHAB has not formally taken a position but certain opinions and comments have surfaced. He reported that Lexington is vulnerable as far as 40B compliance is concerned. The Planning Department has analyzed the growth of the Town and Lexington would need three units of affordable housing each year just to stay current with the State’s 10% affordable housing threshold, given the development of new housing in the Town. Mr. Hays is concerned about Lexington’s ability to meet the shortfall which would develop in step with the growth of non-affordable housing in Town. LexHAB does not believe they can do it by themselves. Building affordable housing on the Busa property could provide four years worth of assurance for Lexington to keep up with the growth in non-affordable housing. This would mean two units by four years for a total of eight units. LexHAB agrees with the Housing Partnership that the best site for the housing would be opposite Litchfield Road. Mr. Burnell suggested building two family houses on Lowell Street that would provide one unit awarded according to the State’s lottery form of application, three units awarded according to LexHAB’s procedure, and all four units would count toward the 40B requirement. There was some discussion about whether Community Preservation Act (CPA) funds could be used if we follow Mr. Burnell’s plan. Upon motion duly made and seconded, it was voted 5-0 to have LexHAB design a housing plan to build four to eight units of affordable housing along Lowell Street. Schedule Next Meeting LexHAB will come to a regular Selectmen’s meeting in two weeks to give a status report of when the housing plan will be completed. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session to consider the purchase, exchange, lease or value of real property and to reconvene in open session only to adjourn. The chairman further declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Selectmen’s Meeting – October 26, 2011 Upon motion duly made and seconded, it was voted to adjourn at 8:33 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk