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