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HomeMy WebLinkAbout2012-02-BOS-min Selectmen’s Meeting February 13, 2012 A regular meeting of the Board of Selectmen was held on Monday, February 13, 2012, at 6:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session at 6:00 p.m. to discuss strategy with respect to potential litigation regarding Shire HKT compliance with Noise Bylaw and to reconvene in open session. The chairman further declared that an open meeting may have a detrimental effect on the litigating position of the Town. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 7:05 p.m. Public Comment Ms. Crocker passed out information to the Selectmen regarding Citizen Article 17 – School Bus Transportation Subsidy. She wanted the Selectmen and Town Manager to have the information in case there are any questions. She also wanted to point out that Article 17 has nothing to do with Article 4. Selectmen Concerns and Liaison Reports Mr. Manz reported that there was a Chinese New Year celebration two weeks ago. He thanked St. Brigid Church for the use of Keilty Hall and the Human Services Department for putting on the event. Mr. Manz also thanked the Selectmen’s Executive Clerk, Lynne Pease, and Selectman Mauger for their work on the Town Report. Mr. Cohen reported that the Library Foundation had their major fundraising event which was a big success. Also the Antony Sister City group had their fundraising event at the Depot which was also well attended. Mr. Cohen thanked the citizens of Lexington for their support. Sale of Bonds Mr. Lovering, Town Treasurer, presented information on the February 2, 2012 Bond Sale. The Town sold $6,823,000 of general obligation bonds. The bond issue was comprised of multiple purposes shown on the report titled, Authorization of the Bonds and Use of Proceeds. Moody’s conducted a credit review of the Town in anticipation of this bond sale and affirmed the Town’s Aaa rating, the highest rating that can be obtained by a municipality. Selectmen’s Meeting – February 13, 2012 Seven bids were submitted for the bonds. The bids, based on a calculation of the true interest cost (TIC) which takes into consideration the amount of the issue, its term, coupon rates and any premium bid, ranged from a high of 1.084344% to a low of 0.916907%. The low bidder was Southwest Securities, Inc. A component of the low bid was a premium of $810,959, which enables the Buyer to offer the bonds for sale at a higher coupon rate. Of the premium amount, $144,038 was attributable to wastewater, $164,616 to water, and $502,305 to general funds. Upon motion duly made and seconded, it was voted that we hereby determine, in accordance with G.L. c. 70B, that the amount of the cost of the high school roof repair project authorized by a vote of the Town passed on April 11, 2011 (Article 13F) not being paid by the school facilities grant is $616,779 and we hereby approve of the issuance of notes and bonds up to such amount under said G.L. c. 70B. It was further voted that the sale of the $6,823,000 General Obligation Municipal Purpose Loan of 2012 Bonds of the Town dated February 16, 2012 (the “Bonds”), to Southwest Securities, Inc. at the price of $7,633,959.85 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: Year Amount Interest Year Amount Interest Rate Rate 2013 $1,118,000 5.00% 2018 $285,000 4.00% 2014 1,095,000 5.00 2019 280,000 4.00 2015 1,085,000 5.00 2020 280,000 3.00 2016 1,085,000 4.00 2021 280,000 3.00 2017 1,035,000 4.00 2022 280,000 3.00 It was 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 January 26, 2012, and a final Official Statement dated February 2, 2012 (the “Official Statement”), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. It was further voted, that the Town Treasurer and the Board of Selectmen be, and hereby are authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. 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 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. Selectmen’s Meeting – February 13, 2012 Interim Report of the Estabrook School Access Task Force Ms. Ciccolo, chair, presented an interim report of the Estabrook School Access Task Force. The Selectmen discussed the recommendations of the task force which included upgrading Robinson Road to a width of 18 feet to provide adequate access for emergency vehicles, installing a turn around area at the end of Robinson Road on the school site with limited parking for student drop off, installing a sidewalk along Robinson Road, improving the Robinson Road and Grove Street intersection, eliminating queuing on Grove Street, and providing free busing or reduced bus fees during the construction phase of the project. Upon motion duly made and seconded, it was voted 5- 0 that Robinson Road should be upgraded to a width of 18 feet, no queuing of traffic should occur on Robinson Road or Grove Street, and a sidewalk should be installed along Robinson Road. Busa Property Housing Discussion The Busa property housing discussion was postponed to another meeting. Chairman Manz apologized for delaying the discussion and explained that the Board did not anticipate so many people would attend. Unfortunately the group exceeded room capacity and therefore the Chairman was required to postpone the meeting. Proposed Changes to the FY13 Preliminary Operating Budget Mr. Valente reported that staff are proposing a number of changes and adjustments to the FY13 Preliminary Budget and Financing Plan that was submitted to the Board of Selectmen on January 9. These changes are largely related to updated information on specific budget items. The spreadsheet presented also included the additional $300,000 requested by the School Committee to reduce fees for all-day Kindergarten and Estabrook School busing. These two matters will be discussed at the Summit Meeting on February 15, 2012. The Selectmen are scheduled to vote the FY13 Recommended Budget at its meeting on February 27, 2012. Mr. Kanter, Precinct 7, read his comments in opposition to including shared busing expense as an element of the FY2013 School Budget Adjustment. Review and Approve Employee/Retiree Health Insurance Coalition Agreement Mr. Valente provided a brief overview of the Proposed Employee/Retiree Health Insurance Coalition Agreement. A weighted majority of the unions in the Employee/Retiree Coalition have voted to approve the Agreement negotiated between the parties. Mr. Valente summarized the financial impact to the Town as representing an estimated premium savings of $2.6 million. In FY13, however, there will be a $1,120,000 set aside for employees and retirees to mitigate the impact of Group Insurance Commission (GIC) deductibles and co- Selectmen’s Meeting – February 13, 2012 pays. Financial impact to the employees/retirees would be an estimated premium savings of $1.9 million. Mr. Mehr, Precinct 3, reiterated his concerns that the Town has not done enough to save money with respect to health care costs. Ms. Hennessey, retired Diamond Middle School principal, currently receiving medical care for cancer, described how her out-of-pocket expenses would significantly increase with the proposed changes in health insurance coverage. She pointed out to Mr. Mehr that Town employees and retirees are not widgets but are people. Mr. Manz thanked Ms. Hennessey and noted that what is too often missing from this debate is the human side of this issue. He assured Ms. Hennessey that the Selectmen have not entered upon this lightly. Upon motion duly made and seconded, it was voted 5-0 to approve the Memorandum of Agreement between the Town of Lexington and the Lexington Public Employee Committee, for the period of FY2013 – FY2015 and authorize the Town Manager to execute said agreement, with changes as noted by the Town Manager. Approve and Sign Hanscom-BRAC Letter Hanscom Area Towns Committee would like to send a letter to our federal representatives regarding the Base Realignment and Closure (BRAC) process. Ms. Mauger presented the letter for review by the Selectmen. Upon motion duly made and seconded, it was voted 5-0 to approve the chairman signing a letter to Representative Markey regarding the BRAC process. Approve Use of Battle Green for Patriot’s Day Weekend Events The Selectmen were asked to approve the following requests regarding all the events around Patriot’s Day. 1.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 14, 2012 from 10:00 a.m. to 10:30 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 use the Battle Green for the reenactment of the arrival of Paul Revere and William Dawes at the Hancock-Clarke House from 11:45 p.m. on Sunday, April 15, until 12:30 a.m. on Monday, April 16. This request includes a volley of musket fire near the end of the reenactment. Selectmen’s Meeting – February 13, 2012 2.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. Upon motion duly made and seconded, it was voted 5-0 to approve all the requests for the Patriot’s Day weekend events as presented above. Closing of the Comcast License Renewal Public Hearing of January 26, 2012 Mr. Burnell reported that on September 1, 2011 Comcast notified the Town that it wanted to renew its current cable television license, which expires on August 31, 2014. On November 21, 2011, the Board granted approval for the Communications Advisory Committee to begin negotiations with Comcast and to conduct a public hearing on renewal of the Comcast license. The Board also responded to the Comcast letter, acknowledging the Town’s willingness to engage in negotiations for a renewal license. On January 26, 2012 Mr. Burnell opened a public hearing to consider first, Comcast’s performance during its current license term and second, future cable-related needs and interests of the Lexington community. Oral testimony was requested that evening, and the hearing was adjourned until February 9, 2012 to allow interested parties to submit written comments. No written comments were received. As that date has passed, Mr. Burnell declared the Comcast Public Hearing closed on February 13, 2012 at 9:28 p.m. Appointments – Tourism Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Denise Ricketts and Leonette Lewis to the Tourism Committee for a term to expire September 30, 2012. Resignation – Human Rights Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Leona Martin from the Human Rights Committee, effective immediately. Town Manager Appointments Counsel on Aging Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s appointment of Camille Goodwin to the Council on Aging for a term to expire May 31, 2014. Selectmen’s Meeting – February 13, 2012 Commission on Disability Upon motion duly made and seconded, it was voted 5-0 to approve the Town manager’s appointment of Susan Cusack to the Commission on Disability for a term to expire on October 30, 2014. Consent Agenda One Day Liquor License – St. Brigid Parish Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for St. Brigid Parish to serve beer and wine for Irish Night on Saturday, March 10, 2012 from 6:00 p.m. to 11:00 p.m. One-Day Liquor License – Compass for Kids Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for Compass for Kids to serve all alcohol at the Shake it for Shelter 2012 Fundraiser on Saturday, June 9, 2012, from 7:30 p.m. to 11:30 p.m. at the Hayden Lower Field. Ratify poll vote - One-Day Liquor License – Fiske Elementary School Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to approve a one-day liquor license for the Fiske Elementary School Frost Fundraiser to serve beer and wine at the National Heritage Museum on Friday, February 10, 2012 from 7:00 p.m. to 11:00 p.m. Ratify Poll Vote – Ruyi Restaurant Liquor License Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to give the Ruyi Restaurant its liquor license, subject to completing additional repair work to the exhaust system by June 30, 2012. Ratify Poll Vote – MBTA Letter Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to send a letter to the MBTA signed by the Chairman of the Board of Selectmen, Planning Board and Transportation Advisory Committee in response to the MBTA’s scenarios for addressing the current financial crisis. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of the November 17, 2011, November 21, 2011, November 30, 2011, December 1, 2011, December 5, 2011 (AM), December 5, 2011 (PM), December 6, 2011, December 7, 2011, December 12, 2011, December 21, 2011, January 9, 2012, January 11, 2012 and January 18, 2012 Board of Selectmen meetings. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of December 12, 2011, December 21, 2011, January 9, 2012, January 11, 2012, January 18, 2012, January 23, 2012 and January 30, 2012. Selectmen’s Meeting – February 13, 2012 Upon motion duly made and seconded, it was voted to adjourn at 9:45 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Summit Meeting 5 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee February 15, 2012 A Summit was held on Wednesday, February 15, 2012, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Mr. Cohen (acting chair), Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Mr. Kalivas, Budget Officer and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: All School Committee (SC) members; Dr. Ash, Superintendent of Schools; Ms. Dunn, Assistant Superintendent for Finance and Business; all members of the Appropriation Committee (AC), with the exception of Ms. Garberg; all members of the Capital Expenditures Committee (CEC). Proposed Changes to FY2013 Operating and Capital Budgets Mr. Valente explained that the agenda for the meeting was to talk about the changes the Superintendent and he are proposing to the Operating Budget and the Capital Budget since the White Book came out on January 9. He reported that there were a modest number of changes. Mr. Valente explained that he broke up the presentation according to the three cost centers: the School Department cost center, Shared Services, and Municipal Expenses. Proposed Changes: FY13 School Department Operating and Capital Budget The first chart Mr. Valente presented showed proposed changes to the School Budget as they were presented to the Selectmen. This included proposed operating budget adjustments to the white book, proposed capital budget adjustments to the white book, and revenue allocation/revenue adjustments. Dr. Ash, Superintendent, went over the proposed changes to the School Budget as they were presented to the School Committee. The main changes presented included eliminating the full day Kindergarten fee, eliminating the Instrumental Music fee, cutting the bus fee in half for Estabrook School during the two year construction phase, and not having to lay off 2.6 employees. This leaves a shortfall of $277,903 and is the additional amount of money the School Committee is seeking from Town Meeting, hopefully, with the group’s recommendation. Proposed Changes: FY13 Municipal / Shared Expenses Operating and Capital Under Shared Expenses Mr. Valente explained that the Town was looking to increase the public facilities salary budget by $19,780. This is offset by a reduction in debt service by an equal amount so there is no substantive change. Mr. Valente reported that the proposed changes to the Municipal Operating budget include adjustments to the DPW budget, pending outcome of a new solid waste collection/ recycling Summit Meeting – February 15, 2012 contract; Human Services expenses, due to a revised Lexpress contract; and Town Manager’s personnel services, due to salary and benefits expenses of bringing an existing half time administrative support person for Human Resources to full time in order to provide support for administering the GIC transition. Mr. Valente also reported that the municipal share of the reduction in the Minuteman School assessment (preliminary assessment) is $106,678. This leaves a total Municipal expenses surplus of $128,248. Mr. Valente also presented adjustments to the General Fund Debt. There were changes in four items: Street Betterment Improvements, Fire Pumper, School Department Classroom Furniture, and Visitor Center Upgrade. Mr. Valente also noted that the debt exclusion for Bridge, Bowman and Estabrook Schools was successful so the money being held for the Design & Engineering (D&E) process is now being moved from general fund debt to excluded debt. After all of the adjustments, there was a total reduction in general fund debt service of $32,093. Mr. Levine, Appropriation Committee, noted that the Town Budget is in reasonable shape, the construction environment is good and interest rates are low. He urged the group to take advantage of this environment and think about prioritizing other capital projects to push forward. Ms. Mauger commented that she will take this to mean that both finance committees will support the $65,000 request the Selectmen have endorsed for a municipal capital planning process that is in this budget book and will be coming before Town Meeting. Schedule for FY13 Recommended Budget (Brown Book) Mr. Valente presented the next steps and schedule as follows: 1.Selectmen continue/conclude FY13 Budget deliberations 2.February 27, 2012: Selectmen vote the FY13 Recommended Budget and Financing Plan (Brown Book) 3.March 2, 2012: FY13 Recommended Budget and Financing Plan to Appropriation Committee, Capital Expenditures Committee and Town Meeting Members 4.Continue to respond to questions from Appropriation Committee and Capital Expenditures Committee 5.March 26, 2012: Town Meeting begins 6.April 2, 2012: FY 12 Budget presentation Documents Presented 1. Proposed Changes to FY 2013 Operating and Capital Budgets Upon motion duly made and seconded, it was voted 5-0 to adjourn at 8:20 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting February 27, 2012 A regular meeting of the Board of Selectmen was held on Monday, February 27, 2012, at 6:15 p.m. in the Selectmen Meeting Room of the 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. Executive Session Upon motion duly made and seconded, it was voted 5-0 to go into executive session to hear a complaint brought against an employee and pending litigation, and to reconvene to Open Session. The Chairman further declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Upon motion duly made and seconded, it was voted to return to open session at 7:00 p.m. The Selectmen’s Meeting was moved to Cary Auditorium. Public Comment Ms. Sandy, Town Meeting Member from Precinct 6, was disappointed with the way the Selectmen handled the rescheduling of the room for the Busa Property discussion and the lateness of the item on the agenda. Selectmen Concerns and Liaison Reports Ms. Mauger was saddened to hear the news about the passing of Robert Whitman, who was a kind and thoughtful gentleman who did so much for the community. Mr. Manz reminded the audience that the Whitmans were responsible for getting the walkway lighting installed around Cary Memorial Building. Town Manager Report Mr. Valente reported on three items: 1.The official ribbon cutting of the electric charging station in the Nstar parking lot was held earlier in the evening. There will be no cost to charge electric vehicles at these stations. 2.DPW is close to concluding negotiations for Lexington’s trash and recycling contract for the period FY2013 through FY2017. The new contract will include 24 weeks of yard waste collection. 3.Work continues on the Minuteman Bikeway which will involve periodic closures. There are also some gravel areas where caution should be taken. Selectmen’s Meeting – February 27, 2012 Request for Sewer Betterment Abatement – 18 Oakmount Circle Mr. Smith, 18 Oakmount Circle, spoke to request a full abatement of his sewer betterment charges on Lot 21 on Map 55 and Lot 183 on Map 56 based on the fact that his home has a new septic system and so he does not plan to tie into the Town sewer system and his second lot is unbuildable. Mr. Addelson indicated that some property owners on Oakmount Circle were not assessed because the owners hooked up to sewer on other streets. Mr. Cohen suggested the Selectmen find out which addresses hooked up on another street, but he feels Mr. Smith’s properties have been bettered by having the sewer available on the street if it is needed down the road. Upon motion duly made and seconded, it was voted 5-0 to take under advisement the information provided, look into the issue and discuss at a future Selectmen’s meeting. Report of the Transportation Governance Committee Ms. Krieger, Chair of the Transportation Governance Committee, presented the final report of the committee. The Committee was set up to review and make recommendations to the Selectmen for a new committee(s) structure to streamline the oversight of transportation and safety related policies and to specifically identify redundancies and overlap of responsibilities and recommend an improved organizational oversight model. The recommendations are: to dissolve the Traffic Mitigation group; to establish a quarterly transportation review of all the Boards, committees and staff, including public safety, involved in transportation planning and implementation to review programs and match objectives against the transportation Element of the Comprehensive Plan; and to dissolve the Transportation Governance Committee. Mr. Canale, Chair of the Planning Board, indicated that the Planning Board is supportive of the report and hopes the Selectmen will approve the recommendations. After the 2012 Annual Town Meeting the Planning Board’s priority will be the comprehensive plan and transportation. They are hoping to work with the Selectmen on coordinating transportation policies and strategies. Mr. Kanter, Precinct 7, Capital Expenditures Committee, urged the Selectmen to prioritize how the remaining Traffic Mitigation Group funds are used. Upon motion duly made and seconded, it was voted 5-0 to accept the report of the Transportation Governance Committee. Selectmen’s Meeting – February 27, 2012 Upon motion duly made and seconded, it was voted 5-0 to dissolve the Transportation Governance Committee. Upon motion duly made and seconded, it was voted 5-0 to dissolve the Traffic Mitigation Group. Street Maintenance Presentation Mr. Livsey, Town Engineer, and Mr. Hadley, DPW Director, presented the street maintenance and reconstruction analysis that included: Lexington’s pavement condition index, pavement condition index treatment bands, street maintenance funding summary, scenario summary and detailed funding scenarios. Six funding scenarios were presented: Scenario Description Estimated Estimated Estimated 10 Year 2021 PCI 2021 Cost Backlog A combination of maintaining best and $22.5M 81 $24.4M worst roads, $250K for crack sealing, patching and paving and $400K for reconstruction – 10-year cost $22.5M B combination of maintaining best and $22.5M 77 $35.M worst streets, $200K for crack sealing, patching and paving and $750K for reconstruction C streets in the worst condition repaired $22.5 50 $70.6M first D streets in the best condition repaired first $22.5M 78 $33.4M E keep maintenance backlog at today’s $31.2 85 $16.4M levels and funding for reconstruction F countering pavement deterioration $25M 81 $18.6M aggressively in the early stages through preventative maintenance and funding for reconstruction Engineering now maintains a database with the condition of all streets, which is updated when streets are repaired or repaved. Also all roads are evaluated and categorized every three years (1/3 of roads are evaluated each year) to see if the Town is getting good value. Mr. Kanter wants the Selectmen to recognize that a debt exclusion will be necessary at some point to get a handle on the street maintenance backlog. Selectmen’s Meeting – February 27, 2012 Mr. Burnell thinks the Town should be able to achieve Scenario E or F on a sustainable basis. The goal should be to come as close as possible to Scenario F. Review Stormwater Regulation Revisions Mr. Livsey, Town Engineer, presented the revised proposed stormwater regulations that are needed to administer the Stormwater Bylaw. The Engineering Department will be administering the new regulation. The purpose of the bylaw is to cover EPA Phase II requirements for discharge, runoff and post construction runoff control so there is no runoff and erosion that get on roadways, into drainage system, brooks, etc. Since the Stormwater Regulation was presented to the Selectmen about a year ago, Engineering has reviewed all comments received from residents, builders and developers who had concerns. They have also met with several Town departments to discuss the comments received and how the issues could be addressed that would protect the Town and that Engineering could administer with their current staffing. As written the regulations have different categories on what projects need to follow them, including: 1) sites with disturbance greater than an acre, which does not include building a house on a 1-acre unless all the property is being disturbed, like a subdivision; 2) site plan review projects; 3) new dwellings or renovations to existing homes where the renovation is significant (value of renovation is more than 50% of existing home) will only need to provide construction site control to be sure the soil stays on site and does not runoff into wetlands, rivers, streams, roadways and drainage systems. Notification for stormwater issues only needs to be sent to abutters if there was no prior notification requirement from other boards and commissions. The proposed regulations will be redistributed to everyone that previously commented on the stormwater regulation. Also Town Counsel will be reviewing the regulation before it is adopted by the Selectmen. Upon motion duly made and seconded, it was voted 5-0 to hold a separate hearing to discuss the stormwater regulations and that the Engineering Department and Selectmen’s Office will work together on a date. Approve FY2013 Budget Mr. Addelson presented the final FY2013 proposed operating budget that included the following changes: 1.School Budget – increase by $321,790 2.Employee Benefits – increase by $327,202 3.Debt Service – reduce by $100,074 Selectmen’s Meeting – February 27, 2012 4.DPW Expenses – reduce by $165,919 5.Law Enforcement Personal Services – increase by $5,816 6.Library Personal Services – increase by $40,567 7.Human Services Expenses – increase by $27,619 8.Salary Transfer Account – increase by $210,482 9.Senior Service Program – reduce to $20,000 10.Capital Requests (Cash) – increase of $181,029 11.Capital Requests – decrease of $229,024 12.Capital – the proposed White House Stabilization is still pending. The proposed FY2013 Recommended Operating Budget is balanced at $160,869,945. There is still $1,424,000 available for funding projects. The Health Insurance budget will be reduced further when the rate numbers are refined. The Selectmen will discuss the White House Stabilization project at a future meeting. Mr. Burnell requested that the budget reflect an increased budget for streets to get close to the $3 million needed. He made a motion to transfer $1 million to the street budget from the available funds. There was no second. Mr. Kelley is concerned that the increase in the school budget does not fit the allocation split. He wants to revisit the school shortfall to identify funds needed using the formula method. Upon motion duly made and seconded, it was voted 3-1-1 (Burnell opposed and Kelley abstain) to approve and forward to Town Meeting members and the financial committees the proposed FY2013 operating and capital budgets, as presented/amended. Busa Property Housing Discussion Ms. Kern, Lexington Community Farm Coalition, and Carl Oldenburg, made a presentation to the Selectmen on a concept for housing with a mixed use for the farming. The guiding principles for a farm are: the need for five tillable acres, infrastructure, siting a maximum of 4 units of housing, to make the most of previously developed land and to minimize the impact of new construction on the farmland, view and neighbors. Mr. Oldenburg proposes a program that includes farm facilities (place to pick up produce, group and class meeting space, an office, refrigeration and storage and maintenance) and housing (4 units of affordable housing, one unit handicap-accessible, two bedroom units, off-street parking and energy efficient, sustainable design and construction techniques). His suggestion for housing includes a 3-story building near the viewscape on Lowell Street that would be consistent with the other houses in the neighborhood. There would be one unit on each floor each having a view of the farm (two 2-bedroom and 1 1-bedroom units). Parking for two Selectmen’s Meeting – February 27, 2012 cars per unit would be located in the front of the building. The street level unit could be handicap-accessible. This option would preserve the viewscape on Lowell Street. For housing near the farmstand there were three alternatives presented: multi-use building with two housing units near existing farmstand, multi-use building with one housing unit near existing farmstand, multi-use building to replace farmstand with one housing unit and connected buildings near farmstand with two housing units. . Ms. Kern proposed the following next steps: commit to a community farm on the Busa property and to use the guiding principles to evaluate housing alternatives before deciding on design and siting. Regarding mixed use, Ms. Mauger would like some guidance from the State as it would apply specifically to the Busa Property, but she is reminded of the problems that occurred when the Muzzey Condominiums were converted. Mr. Burnell is not in favor of mixing farming and housing. He suggests the Board set aside land for affordable housing and have LexHAB build the units they proposed. Mr. Cohen cannot see voting for any mixed use, but the Board should consider the suggested placement of housing near the farmstand. He hopes the Board will vote to put aside one area for affordable housing, rather than in separate areas of the property. Ms. Kern stated it is important to understand the economics and that the Newton farm succeeds because of the existing infrastructure for the farm manager to live in. The presentation was premised on the fact that there would be affordable housing on the property and they wanted to show options for mixed use. LexFarm is making the most of the infrastructure that is there, which would include educational gardens, but they wanted to show a way to use the space effectively and efficiently for all. She wanted to make it clear that the entire Busa Property could be used for some sort of farming, that she cannot pick one piece versus another for housing. Ms. Mauger suggested it would be helpful for the Selectmen to decide on the uses for the Busa Property. The Board also needs to discuss later what collaborative approach should be used. Mr. Manz asked about the RFP process, forming the Agricultural Commission and what position LexHAB would take in the process. Ms. Kern would like the RFP process to begin so that the community farm could start in the 2013 season. The RFP process should not wait until the housing is sited. Mr. Burnell asked Mr. Oldenburg about how many housing units could be sited in the area near the farmstand. Mr. Oldenburg would need to do additional study because of the parking issue, but assumes 1-2 units would be right for the site. Selectmen’s Meeting – February 27, 2012 Mr. Burnell asked Ms. Kern about the value of the farmstand and the property around it as opposed to the land on Lowell Street and what LexFarm’s preference would be. Ms. Kern’s response is they believe four units could be accommodated if the housing was split. It is important that the farmstand is visible from the street and to continue serving the public. Asked which is most important the farmstand or the viewscape, Ms. Kern responded they are equally important. Mr. Kelley recommends that the housing should be located on Lowell Street and should only take up 1/3 of the available frontage. There should be 4-8 units and he has no problem with a barn structure that could hold 4 units. He does not support housing near the farmstand; it should remain the gateway to the community farm. He does not see the value of a mixed use, only problems. The Selectmen will be prepared to make a decision on the Busa Property at its next meeting and will schedule 1-2 hours for that portion of the meeting. Ms. Floyd, a 35 year resident of the Busa Property neighborhood, spoke in favor of farming. Mr. Borensztein, 60 Lowell Street, is concerned that the neighbors and abutters have no input into the process. He said many of them oppose any mixed use and congestion. Asked about what the legal objection is to mixed use, the Selectmen responded the use of CPA funds for affordable housing requires the property be defined with a deed restriction. The process for mixed use would be difficult and too long. The property that is defined as open space has much more flexibility for use as farm, recreation and/or conservation. The Board made it clear they do not approve a mixed use building. Ms. Tsvetkova, 42 Lowell Street, requested that the Selectmen schedule a forum before they decide on the location of the housing and the uses of the Busa Property. She was also concerned about the 16 parking spaces needed for 8 affordable housing units and the affect on an already busy intersection. The Selectmen will only decide on the use of the property, not how to divide it. The Board previously decided there would be affordable housing somewhere on the property. They agreed they would have a public forum before a final decision is made. Mr. Cutler, 7 Carville Avenue, had concerns about traffic and overcrowding the schools if the affordable housing is built. At the next meeting the Selectmen should be prepared to vote on the use of the Busa Property. Selectmen’s Meeting – February 27, 2012 2012 Annual Town Meeting Article Positions The Selectmen took positions on the following articles: Article 4, Appropriate FY2013 Operating Budget – All support except Mr. Kelley is waiting for additional information and Mr. Burnell does not support. Article 5 Appropriate FY2013 Enterprise Funds Budgets – All support, except Mr. Burnell. Article 6 Appropriate for Senior Service Program – All support, except Mr. Burnell. Article 7 Establish and Continue Departmental Revolving Funds – All support, except Mr. Burnell. Article 11 Appropriate for Recreational Capital Projects – All support, except Mr. Burnell. Article 12 Appropriate for Municipal Capital Projects and Equipment – Mr. Kelley needs additional information. Mr. Manz, Mr. Cohen and Ms. Mauger support all items except n). Mr. Burnell supports the entire article. Article 13 Appropriate for Water System Improvements – All Selectmen support. Article 14 Appropriate for Wastewater System Improvements – All Selectmen support. Article 15 Appropriate for School Capital Projects – All selectmen support. Article 28 Accept MGL Chapter 200A Section 9A (Alternative Procedure for Disposing of Abandoned Funds) – All Selectmen support. Article 29 Accept MGL Chapter 40U (Municipal Fines) – All Selectmen support. Article 30 Amend Non-Criminal Disposition Bylaw (Park and Recreation Facilities) – All Selectmen support. The following articles will be indefinitely postponed: Article 27 Establish Qualifications for Tax Deferrals and Exemptions The Selectmen briefly discussed Article 31 – Amend General Bylaws – Town Meeting Warrant. Mr. Kelley does not support. Mr. Cohen suggested that the Board wait to see the draft motion that Town Counsel is drafting. Mr. Kanter will prepare an amendment to Article 31 if the motion does not include notification to all households by mail. Common Victualler – Fruitee Yogurt, 1707 Mass. Avenue Upon motion duly made and seconded, it was voted 5-0 to approve and sign a Common Victualler License for Lexington Fruitee Yogurt Corporation, d/b/a Fruitee Yogurt, 1707 Massachusetts Avenue, subject to any requirements of the Building and Health Departments. Selectmen’s Meeting – February 27, 2012 Common Victualler and Entertainment License – New Owner – Prime Roast Beef & Seafood Mr. Tzovaras, new owner of the Prime Roast Beef & Seafood requested a new Common Victualler and Entertainment license to reflect the change. They are scheduled to attend the March 8 Board of Appeals hearing for a special permit. Upon motion duly made and seconded, it was voted 5-0 to approve and sign a Common Victualler License for Tzo, Inc., d/b/a Prime Roast Been & Seafood, 321 Marrett Road, subject to any requirements of the Board of Appeals, Building and Health Departments. Upon motion duly made and seconded, it was voted 5-0 to approve and sign an Entertainment License for Tzo, Inc., d/b/a Prime Roast Beef & Seafood, 321 Marrett Road. Resignation – Sidewalk Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Margaret Lotz from the Sidewalk Committee, effective immediately. Eagle Letter for Christopher A. von Spakowsky Mr. Burnell requested an Eagle letter for his grandson Christopher A. von Spakowsky. Upon motion duly made and seconded, it was voted 5-0 to send a letter of commendation to Christopher A. von Sparkovsky congratulating him on attaining the highest rank of Eagle in Boy Scouting. Letter to the New England Chapter of the American Public Works Association Regarding the DPW Leader of the Year Award Mr. Hadley’s name was nominated as a candidate for the Top Ten Public Works Leader of the Year Award by the New England Chapter of the American Public Works Association. The Selectmen were asked to submit a letter of recommendation for this nomination. Upon motion duly made and seconded, it was voted 5-0 to send a letter of recommendation regarding Bill Hadley’s nomination for the Top 10 Public Works Leader of the Year Award to the American Public Works Association. Selectmen’s Meeting – February 27, 2012 Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer commitments and adjustments: Commitment of Water / Sewer Charges for Jan 2012 Cycle 9 $176,028.75 Commitment of Water / Sewer Charges for Jan 2012 Final Billings $1,574.44 Adjustments to Water / Sewer Charges ($19,785.53) Use of the Battle Green – Annual Patriots Day 5-mile Road Race Upon motion duly made and seconded, it was voted 5-0 to approve the use of the Battle Green for the awards ceremony held at the conclusion of the annual Lions Club Patriot’s Day 5-Mile Road Race on Monday, April 16, 2012, at approximately 11:15 a.m. Francis Road Order of Taking Correction Upon motion duly made and seconded, it was voted 5-0 to approve and sign a corrected Schedule of Estimate for Betterments for Francis Road to correctly list the owner of 8 Frances Road. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of January 23, 2012, February 13, 2012 and February 15, 2012. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of February 13, 2012. Documents Presented 1.Lexington Community Farm Concept for the Busa Property, February 27, 2012. 2.Street Maintenance and Reconstruction Analysis, February 27, 2012 Upon motion duly made and seconded, it was voted 5-0 to adjourn at 11:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk