HomeMy WebLinkAbout2011-11-BOS-minSelectmen’s Meeting
November 7, 2011
A regular meeting of the Board of Selectmen was held on Monday, November 7, 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
The Board thanked all those who participated in the cleanup effort after a heavy snow storm did
so much damage. Some people in need were identified who had not been known to the Town
and a great deal of effort was expended to solve those problems.
Mr. Manz thanked the Selectmen for participating in the twice-daily status meetings and for
helping out at such places as the shelter set up at the high school.
There was a very successful cleanup of the bikeway and the path between Bridge School on
Saturday led by Boy Scout Troup 160 with guidance from the Bicycle Advisory Committee and
the Department of Public Works. National Grid provided hard hats, safety glasses and gloves.
The Lexington Human Rights Committee hosted an interesting and thought-provoking event on
Sunday, November 6, on the events of the 1960s and 1970s which changed the town.
Veteran’s Day is November 11, 2011 and there will be a small parade beginning at 9:45 a.m.
Town Manager Report
Mr. Valente reported on four items:
1.On Wednesday, November 9, at 9:00 p.m., for the first time ever, the Emergency Alert
System will be tested nationwide.
2.MassRecycle is awarding Shire Pharmaceuticals the Business Recycling Award for their
sustainable and encompassing waste diversion program.
3.CodeRed Update – Seven CodeRed messages for a total of 85,248 minutes and close to
150,000 calls were made for emergency communications during the recent weather event.
Also 1,500 residents added alternative contact information to the CodeRed site.
4.Every three years the Town has to go through a property value recertification process that
is scrutinized and approved by DOR before property tax values are set for this year. Part
of the process includes a public disclosure period to view new values to see if anything is
incorrect. People can contact the Assessors and bring their concerns to their attention.
This does not limit the right to file for abatement during normal abatement period.
Selectmen’s Meeting - November 7, 2011
Grant of Location – Nstar Electric – Kendall Road
This work is needed to provide new underground electric service to 107 Kendall 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 Kendall Road easterly at pole 7/29
approximately 502 feet + north of Worthen Road a distance of about 46 feet + of conduit.
Grant of Location – Nstar Electric – Massachusetts Avenue
This work is necessary to provide new underground electric service to a residential development
at 1377 Massachusetts Avenue.
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 located under the surface of Massachusetts Avenue northeasterly at pole 57/96
approximately 286 feet + northwest of Percy Road, a distance of about 8 feet + of conduit.
Grant of Location – Verizon and Nstar – Hazel Road
This work is needed to stabilize the existing pole.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Verizon and
Nstar to install a guy and anchor to be located on Hazel Road – placement of new pole number
295/2.
Grant of Location – Verizon – Douglas Road
This work is necessary to provide telecommunications cable service to 15 Douglas Road.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Verizon 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 Douglas Road southeasterly at Pole 388/6, a distance of
about 45 feet + of conduit.
Common Victualler License – Panera
Mr. Roberts, District Manager, and Mr. Harron, General Manager, of Panera Bread, requested
approval of a common victualler license. They are hoping to open on November 20 at 6:00 a.m.
Selectmen’s Meeting - November 7, 2011
Upon motion duly made and seconded, it was voted 5-0 to approve and sign a common victualler
license for Panera Bread, 1684 Massachusetts Avenue, subject to them receiving a Building
Occupancy Permit.
Acceptance of MGL Chapter 32B, Sections 21-23
The Selectmen were asked to consider accepting Mass. General Law Chapter 32B, Section 21 to
23 that deal with employee/retiree health insurance. The Board must vote to accept this statute
before the Town can avail itself of the provisions of the law. Acceptance of the statute does not
require that the Town implement any changes in its employee/retiree health insurance program.
If the Board votes acceptance the Town has the option to join the GIC or make changes in the
plan design of the Town’s existing health insurance programs that cannot be greater than the co-
pays and deductibles of the most common GIC plan. The Town also has the option of continuing
to negotiate employee health insurance with the Employee Coalition under Section 19 of Chapter
32B.
Staff recommends that the Board accept this statute to give the Town the option of making
changes in employee health insurance under the new law given the tight time frames provided.
Robert Cunha andPhyllis Neufeld, Co-Chairs of the Employee Coalition, made the following
statement:
“The Lexington Health Care Coalition, made up of representatives from the Town and school
unions (many of whose presidents are here with us tonight) has bargained in good faith with the
Town since 1993. Over that time, we have saved Lexington millions of dollars. We have often
been the authors of the agreements which raised our premium contributions as well as our out-of-
pocket expenses. We understand the financial situation that the community faces, and have
always sought to find the best solution for both the Town and our workers. We also understand
the new municipal health care law, and realize you will soon vote to accept it.
“The Coalition is asking that you agree to a window of time to allow the Coalition to
aggressively negotiate a new health care agreement with the Town, making implementation
under the new law unnecessary and thus preserving the relationship between labor and
management. It protects your interests and demonstrates to your employees that you do
understand the financial burden this will place on their shoulders while recognizing your
fiduciary obligation. The Coalition is ready to get to work and we urge you to honor our
commitment to do so.”
Upon motion duly made and seconded, it was voted 5-0 to accept Mass. General Law Chapter
32, Sections 21 to 23.
Selectmen’s Meeting - November 7, 2011
Liquor License – Change of Manger – Buca di Beppo
Buca di Beppo has requested a change of manager for their liquor license.
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change
of manager to Sallyanne Geary-Carney and issue an all alcoholic common victualler liquor
license to BUCA Restaurants, Inc. d/b/a Buca di Beppo, 20 Waltham Street.
Town-wide Storm Debris Cleanup Discussion
Mr. Pinsonneault, Manager of Operations, reviewed the proposed Storm Debris Management
Plan to handle debris from the October 29 snow storm for private property, which includes
extending the hours of operation at the Hartwell Avenue Compost Facility and allowing residents
and landscapers to dispose of the storm debris at the Compost Facility between November 8 and
23.
Calls regarding storm debris from public property are being processed by DPW and crews will
begin removing tree debris from trees on Town Property or within the right of way starting
November 14.
The Board will be provided an assessment of the program at their meeting on November 21 to
determine whether to continue the program or change it.
Town departments have already expended in excess of $70,000 for costs associated with the
event. Preliminary estimates show it will cost approximately $4,000 per day for Town and
contracted crews to conduct clean-up activities. At the Special Town Meeting on November 14
there will be a request for a $200,000 appropriation to cover the storm costs.
Mr. Pinsonneault, responding to Ms. Mauger’s question about the Asian Long-Horned Beetle,
stated that the beetles have not been found in Lexington but suggests that residents either opt for
local disposal contractors to remove downed trees or use the wood for their own fireplaces.
Mr. Kelley stated this was an extraordinary storm with lots of damage done and the Town has
done a tremendous job getting streets cleared and organize systems to get everything cleaned up.
Everyone needs to work together to get the cleanup done before the snow flies again.
Upon motion duly made and seconded, it was voted 5-0 to accept the proposed Storm Debris
Management Plan, as presented.
Continued FY2012 Budget Adjustment Discussion
This discussion is continued from the October 24 Selectmen meeting. The Town and DOE have
resolved the Shire TIF calculation, which means an increase in the new growth estimate. Also,
Selectmen’s Meeting - November 7, 2011
there is an additional $93,000 added to the revenue estimate from a supplemental State Aid
appropriation which was approved by the Governor.
With the adjustments mentioned above, there is now approximately $2,103,000 available for
appropriation. Staff recommends the following:
1.Appropriate $250,000 for the recent storm costs and ongoing clean-up costs.
2.Set aside an additional $200,000 for potential tax abatements (FY12 is a recertification
year and together with a weak commercial real estate market, typically results in a greater
number of abatement applications. This is an administrative action by the Assessors and
does not require Town Meeting action, but does impact the amount of available funds.)
Revised Revenue Adjustments:
Property Tax Levy $1,465,000
State Aid -$67,214
Local Receipts -$31,134
Available Funds $0
Revenue Offsets $330,953
Enterprise Fund Receipts $0
Total Available for Appropriation $1,697,605
Potential/Proposed Supplemental Appropriations:
Snow/Ice deficit $654,053
Increase AC Reserve Fund $350,000
Fire Department Radio System $180,000
Human Services – Veteran’s Benefits $100,000
Human Services - 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
Release of State Aid set-aside -$727,628
Health Insurance -$1,250,000
Total -$405,375
Preliminary Balance Available $2,102,980
Selectmen’s Meeting - November 7, 2011
Potential Uses
October Storm Cleanup Costs $200,000
Reserve for Abatements and Exemptions $200,000
Allow remainder to flow to Free Cash $1,702,980
All the Selectmen were in support of the proposed recommendations for budget adjustments.
Special Town Meeting Article Assignments
The Selectmen reviewed the article assignments and took positions on each article for the
November 14 Special Town Meeting.
Below are the article assignments:
Mr. Cohen Article 2, Appropriate for Bridge and Bowman Schools Reconstruction
Mr. Manz Article 3, Appropriate for Fire Communication System
Ms. Mauger Article 4, Amend FY2012 Operating and Enterprise Fund Budgets
Mr. Burnell Article 5, Establish and Appropriate to Specified Stabilization Funds
Mr. Kelley Article 7, Appropriate for Authorized Capital Improvements
Article 6, Appropriate to Stabilization Fund, has been indefinitely postponed.
The Selectmen took the following positions:
All the Selectmen support Article 3, 4, 5 and 7;
Article 2 is supported by all Selectmen, except Mr. Kelley who only supports
replacement of the schools, not renovation.
Ratify Vote to Approve Town Manager’s Contract
Ms. Mauger reviewed the process the Selectmen followed of meeting in executive session to
review, revise and vote the Town Manager’s new contract. All the Selectmen thanked Mr.
Valente for the work he does for Lexington, especially how he has dealt with the many
emergency situations that have happened since he became Town Manager.
Upon motion duly made and seconded it was voted 5-0 to ratify a vote to accept and sign the
proposed 3-year contract for the Town Manager beginning July 11, 2011.
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FY2012 1 Quarter Exceptions Report
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Mr. Addelson, Assistant Town Manager for Finance, reviewed the FY2012 1 Quarter
Exceptions Report, which is the period July 1, 2011 through September 30, 2011. Line items
Selectmen’s Meeting - November 7, 2011
that exceeded 25 percent expended where reviewed by staff to determine whether there is a risk
of exceeding the appropriation at the end of the fiscal year. Currently no risk was identified for
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the 1 quarter of FY2012.
As of September 30, 19.36 percent of the total FY2012 general fund budget had been expended.
Approve School Transportation Study Group Charge
Ms. Mauger provided a revised charge for this committee that was reviewed and revised by the
School Committee. The School Committee will discuss and hopefully approve at their meeting
on November 15. Members will be appointed after the School Committee approves the charge.
When the Committee starts meeting they will discuss a target date for reporting back to the
School Committee and Board of Selectmen.
Upon motion duly made and seconded, it was voted 5-0 to adopt the charge for the Ad Hoc
School Transportation and Safety Study Committee, as presented, and to designate all members
of this committee as Special Municipal Employees.
Designate Metropolitan Planning Organization Designee
Mr. Manz, as Lexington’s Board of Selectmen Chairman, was elected to the Metropolitan
Planning Organization Board as one of the two at-large Town seats at the October 26, 2011
election for a three-year term beginning November 1, 2011. Mr. Canale has agreed to be
Lexington’s representative who attends the regularly scheduled MPO meetings.
Upon motion duly made and seconded, it was voted 5-0 to designate Richard Canale as
Lexington’s designee to the Metropolitan Planning Organization.
Town Manager Appointment – Commission on Disability
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Leonard J. Morse-Fortier to the Commission on Disability for a term to expire
October 30, 2014.
Consent Agenda
Ratify Poll Vote to Declare State of Emergency
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to declare a State of
Emergency effective Saturday, October 29, 2011, at 6:00 p.m.
One-Day Liquor License – Mass Recycle
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
Mass Recycle to serve beer and wine at an awards ceremony/fundraiser on Tuesday, November
15, 2011, from 6:00 p.m. to 9:00 p.m. at the National Heritage Museum, 33 Marrett Road.
Selectmen’s Meeting - November 7, 2011
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of October 17,
October 24, 2011 and October 26, 2011.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of October 17, 2011, October 24, 2011, October 26, 2011 and November 2, 2011.
Documents Presented
1.Revised Ad Hoc School Transportation and Safety Study Committee.
2.Storm Debris Management Plan
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 8:30 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
November 14, 2011
A meeting of the Board of Selectmen was held on Monday, November 14, 2011, at 6:00 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. Martin, Post Commander of the Lexington VFW, and Mr. Kulikoski, State Service Officer
and State Legislative Director, strongly urged the Selectmen to comply with Mass. General Law
Requirements for a full-time Veterans’ Agent.
The Selectmen stated that the current and former Veterans’ Agent were dedicated to Veterans
needs and were available 24 hours per day. The Selectmen will review the two letters provided
to them by the VFW.
Set Date for Override
Mr. Kelley suggested that the override should be scheduled for the spring instead of in the winter
to allow time for publicizing the vote and making sure the most people can get to the polls. He
also suggested that the override include a question asking voters if they want to support new
schools or replacements.
Mr. Cohen stated that language for questions is specified in the statute and Mr. Kelley’s
suggested question may not be covered in the statute.
Upon motion duly made and seconded, it was voted 5-0 to set January 24, 2012 as the date for a
debt exclusion vote for the renovation of Bridge and Bowman Schools and the construction of a
new Estabrook School.
Town Manager Reappointment – Commission on Disability
Upon motion duly made and seconded, it was voted to approve the Town Manager’s
reappointment of Julie Ann Miller to the Commission on Disability for a term to expire October
30, 2014.
Water and Sewer Commitments
Upon motion duly made and seconded, it was voted to approve the following water and sewer
commitments:
Commitment of Water/Sewer Charges for May, 2011 (Cycle 9, Bedford Fee) $196,658.28
Commitment of Water/Sewer Charges for Sept, 2011 (Cycle 9, Bedford Fee) $228,882.59
Commitment of Water/Sewer Charges for Oct, 2011 (Cycle 9, Bedford Fee) $159,228.76
Selectmen’s Meeting – November 14, 2011
Commitment of Water/Sewer Charges for July, 2011 (Cycle 9, Bedford Fee) $295,526.90
Commitment FA00112 Water/Sewer Charges Sept, 2011 (Section 1) $2,030,448.91
Commitment of Water/Sewer Charges June, 2011 (Misc) $2,359.93
Executive Session
Upon motion duly made and seconded, it was voted 5-0 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. 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 to adjourn at 7:05 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Summit Meeting
Board of Selectmen, School Committee, Appropriation Committee
and Capital Expenditures Committee
November 17, 2011
A Summit was held on Thursday, November 17, 2011, at 7:00 p.m. in the Public Services
Building Cafeteria, 201 Bedford Street. Chairman Manz, Mr. Cohen, Mr. Burnell and Ms.
Mauger; Mr. Valente, Town Manager; Mr. Addelson, Finance Director, 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; all
members of the Appropriation Committee (AC) with the exception of Mr. Pato, Mr. Cohen, Ms.
Garberg and Mr. Michelson; all members of the Capital Expenditures Committee (CEC) with the
exception of Mr. Lamb and Mr. Edson.
FY2013 Revenue Projections
Overview
Mr. Valente gave a summary of General Fund Revenues. Gross General Fund Revenues include
all revenues projected as available for use in FY2013. Net General Fund Revenues are gross
revenues less revenues recommended to be set-aside to fund designated expenses. In FY2013,
Gross Revenues are projected to increase by approximately $7.12 million, or 4.63%, while Net
Revenues are projected to increase by approximately $5.46 million, or 3.63%.
Presentation by Revenue Source
Mr. Addelson gave a more detailed description by revenue source as follows:
Property Tax Levy
The FY2013 property tax levy is projected to increase $5.2 million, or 4.06%. The projected
levy is a function of the FY2012 levy limit increased by 2.5% per Proposition
2 ½, plus an increment for new growth. FY 2013 new growth will be a function of construction
activity for the period July 1, 2011 to June 30, 2012. FY2013 new growth is estimated at
$2,000,000 based on conversations with the Building Commissioner, the Chief Assessor and a
review of historical data on new growth.
State Aid
FY2013 state aid is projected to remain unchanged from its FY2012 level of $8,441,625. Final
2013 state aid numbers will probably not be known until June 2012 when the Legislature adopts,
and the Governor signs, the FY2013 State budget. According to staff at the Massachusetts
Municipal Association (MMA), two pending events – the recommendations of the Congressional
budget cutting committee and the Governor’s projection of FY13 state revenues – may give us a
more definitive sense of the direction state aid might go. As a hedge against potential reductions
in state aid, it is recommended that approximately $420,000 of estimated FY13 revenue be set-
aside to offset such cuts. It is also recommended that any reduction in state aid in excess of
$420,000 be offset with appropriations from the Stabilization Fund.
Summit Meeting – November 17, 2011
Local Receipts
FY2013 projections for each category of receipt is based on inspection of the history of actual
collections and projections of 3 and 5 year historical averages, unless otherwise specified in the
supplemental tables of the report presented. FY2013 local receipts are estimated to increase by
approximately $398,000 or 4.08% over FY2012 estimates as revised in November, 2011. The
major contributor to this growth is an increase in the estimate for motor vehicle excise based on a
review of actual FY11 collections.
Available Funds
Staff has identified $8.9 million as available to fund the FY13 budget. The major component of
the projected available funds is undesignated fund balance or free cash at $8.13 million. The
amount of free cash proposed to support the FY13 operating budget is $4 million. Free cash
used to support the FY12, FY11, FY10 and FY09 budgets was $4.1 million, $3.9 million, $3.7
million and $2.8 million respectively. As was the case in FY12, the School Department is
recommending that $250,000 from the Avalon Bay School Enrollment Mitigation Fund be
appropriated to fund a portion of the FY13 School Budget. Other components of Available
Funds include parking meter receipts, cemetery funds, and the Transportation Demand
Management Stabilization Fund.
Proposed Designations of Revenue
Mr. Addelson then discussed components of Gross General Fund revenues that are set aside for
designated purposes. The amounts proposed for FY2013 and their financing sources are
$200,000 (free cash) for unanticipated needs of the current fiscal year; $500,000 (free cash) to be
used for supplemental funding of the Other Post Employment Benefits (OPEB) account;
$1,370,000 (free cash) to be applied to cash capital; $419,096 (free cash) set-aside for potential
cuts in state aid; and $1,654,004 (free cash) for as yet unidentified capital needs. Potential uses
of the $1,654,004 might be to augment the recommended appropriation for cash capital or an
appropriation into a debt service fund to mitigate costs of future capital needs. Assuming all the
proposed uses of free cash as just described that leaves a residual balance of $4 million to be
applied to support the FY2013 operating budget.
Other General Fund revenue set-asides include $860,736 from the tax levy for the Street
Reconstruction program of which $579,502 (adjusted by 2.5% per year) was funded in the 2001
override and $281,234 represents the maintenance of the supplemental funds added in FY12;
$169,712 (tax levy) for the Building Envelope capital program funded in the 2006 override, and
the $45,000 (tax levy) for the Senior Work-Off program.
Policy Issues
Mr. Valente asked the group to consider the following policy issues for discussion at an
upcoming Summit:
1.$500,000 of Free Cash for Other Post Employment Benefits (OPEB)
2.$100,000 reduction in Free Cash to support Operating Budget
Summit Meeting – November 17, 2011
3.$1,370,000 of Free Cash for Cash Capital
4.$419,096 of Free Cash set-aside for potential State Aid Reductions (Any additional
cuts from Stabilization Fund)
5.$1,654,004 of Free Cash set-aside for as yet unidentified capital or other one-time
needs
Mr. Levine, Appropriation Committee, requested that a list of capital and other non-recurring
projects be prepared so that the different advisory committees could have an appropriate
discussion.
Establish Date: Budget Collaboration – Summit Meeting III
The date for the next Summit was set for Wednesday, December 21, 2011 at 7:30 pm.
Documents Presented
3.FY2013 Revenue Projections Summit II
Upon motion duly made and seconded, it was voted to adjourn at 8:20 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
Selectmen’s Meeting
November 21, 2011
A regular meeting of the Board of Selectmen was held on Monday, November 21, 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
Ms. Kern, Lexington Community Farm Coalition, asked that a mixed use concept be considered
for affordable housing and farming on the Busa Property.
Selectmen Concerns and Liaison Reports
Ms. Mauger enjoyed the Cary Lecture over the weekend by speaker Dyan deNapoli on "The
Great Penguin Rescue: The Inspiring Global Response to a Species in Distress".
Town Manager Report
Mr. Valente reported on two items:
1.Effective December 1, the Police Department is initiating its policy of enforcing the all
night parking ban, which prohibits parking on the street for more than one hour between
2:00 a.m. and 6:00 a.m. between December 1 and March 30.
2.Congratulations to Bill Hadley, who was awarded the J. Francis Granger Award which is
presented annually to a Highway official for outstanding public works service, from the
Norfolk Bristol Middlesex Highway Association.
Citizen Academy
rd
Some of the 22 participants of the 3 Citizens’ Academy attended the Selectmen’s Meeting to
discuss their experiences. A few participants were brave enough to answer questions from the
Board about what they learned. Those that spoke were amazed at how many committees there
were and the abundance of social service programs that are available to residents. One
participant encouraged the Town to continue the Citizens’ Academy and to possibly add it to the
school curriculum. A few hands were raised when asked if they would consider running for
Town Meeting.
Update on Town Election/Presidential Primary
Ms. Hooper, Town Clerk, confirmed that the Presidential Primary will be held Tuesday, March
6, 2012, and suggested that the Local Election be held concurrently, rather than on Monday,
March 5, 2012.
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Selectmen’s Meeting – November 21, 2011
Advanced Refunding of 2003 Bonds
Mr. Addelson, Comptroller, explained that advance refunding is a financing technique that
allows an issuer to obtain the benefit of lower interest rates when the outstanding bonds are not
currently callable. The proceeds from the sale of the refunding bonds are used to purchase
government securities, which are deposited in an escrow account and the escrow account is
structured so that the principal and interest earned on the securities are sufficient to pay all
principal, interest, and call premium on the outstanding bonds up to and including the call date.
The refunding bonds are secured by the same sources of taxes and revenue previously pledged to
the payment of the outstanding bonds.
Given the current interest rate environment, the Town now has the opportunity to do an advanced
refunding of four bonds issued in February 2003 for the High School, Fiske/Harrington, Cary
Library and Lincoln Field.
The Town’s financial advisor has requested that the Board endorse the advanced refunding prior
to the proposed sale of refunding bonds on or about November 29, 2011. The Board would then
be asked to approve the sale and sign the bonds at its meeting on December 5, 2011.
Upon motion duly made and seconded, it was voted 5-0 that in order to reduce interest costs, the
Treasurer is authorized to issue refunding bonds, at one time or from time to time, pursuant to
Chapter 44, Section 21A of the General Laws, or pursuant to any other enabling authority, to
refund all or a portion of the Town’s General Obligation Municipal Purpose Loan of 2003 Bonds
dated February 1, 2003 maturing on and after February 1, 2014, in the aggregate principal
amount of $20,725,000 (the “Refunded Bonds”), and that the proceeds of any refunding bonds
issued pursuant to this vote shall be used to pay the principal, redemption premium and interest
on the Refunded Bonds and costs of issuance of the refunding bonds.
Update on Debris Cleanup
Mr. Hadley, Department of Public Works Director, updated the Selectmen on the storm cleanup
from the October 29 snow storm. It is recommended that the Hartwell Avenue Compost Facility
remain open for the extended hours through December 2; that there be no charge for residents
disposing of storm debris; that there be no charge to landscaping firms disposing of storm debris
through November 27; and allowing landscapers for non-Lexington residents to dispose for a fee
until November 27.
Five crews are continuing to remove tree debris from trees on Town property or within the right-
of-way. This program is costing $5,000 to $7,000 per day and will take approximately 10 days
to make one single pass. As of November 17, Precincts 1, 2, 4, and 7 have been mostly
completed.
Selectmen’s Meeting – November 21, 2011
Cost of the October 29, 2011 storm from October 29 to November 13 was $133,500. The
projected cost for public property storm debris from November 14 to December 2 is $58,000.
Total estimated cost is $191,500, which does not include regular wages paid to DPW employees
for their normal work day ($68,000).
Upon motion duly made and seconded, it was voted 5-0 to approve continuing the extended
hours at the Hartwell Avenue Compost Facility through December 2 and allowing residents and
landscapers to dispose of storm debris of any size (except tree stumps); continuing not charging
for residents to dispose of storm debris; continue to not charge landscaping firms disposing of
storm debris through November 27; and continuing to allow landscapers for non-Lexington
residents to dispose for a fee until November 27.
Mr. Hadley also updated the Selectmen on the timeline for fixing the new streetlights that had a
design flaw.
Approval of Comcast Renewal Process
Mr. Becker, representing the Communications Advisory Committee (CAC), explained that
Comcast notified the Town that it wants to renew its existing cable television license, which
expires on August 31, 2014. Federal law requires cable operators to so notify municipalities
three years prior to a license’s expiration date as part of the “formal” negotiation process.
Comcast’s representative to Lexington indicated the process would be done informally. The
CAC is waiting for a resolution of the issue, but wanted to be ready to act.
Under formal rules, the Town must conduct a public hearing within six months of the date of the
notification (February 28, 2012). The CAC is to hold a hearing in January if needed. The
Selectmen are responsible for issuing and renewing cable licenses, with the CAC negotiating the
license language. The CAC is requesting that the Board approve the CAC conducting the
renewal license negotiations with Comcast, including holding a public hearing, if appropriate.
Mr. Kelley wants the renewal process to include feedback from citizens and asked how they
could be notified. Mr. Becker will check on options for notifying Comcast subscribers.
Upon motion duly made and seconded, it was voted 5-0 to approve the Communications
Advisory Committee conducting the renewal license negotiations with Comcast, including
holding a public hearing, if appropriate.
Mr. Epstein, Cable Counsel, will draft a suggested letter for the Selectmen to send to Comcast in
response to their request for commencement of the renewal process.
Selectmen’s Meeting – November 21, 2011
Preliminary Tax Classification
Mr. Addelson, Comptroller, and Mr. Jackson, Chair of the Board of Assessors, presented
information to the Selectmen on factors that will affect the determination of the Fiscal Year 2012
tax rate. The Selectmen will hold a tax classification hearing to set the FY2012 tax rate on
December 5.
LexHAB – Busa Plan
Mr. Kennedy, Chair, and Mr. Hays, Vice Chair, of the Lexington Housing Assistance Board,
provided information to the Selectmen on a proposed study for a scope of project to locate up to
eight units of affordable housing on the Busa property using the lower Lowell Street area. The
study would take approximately two months to complete. The study will concentrate on housing
on Lowell Street, but will also look at the west side, which will not be a major scope of work.
Mr. Manz requested that LexHAB include looking at how multi-use could be worked into the
housing project.
The Selectmen requested that LexHAB proceed with the proposed Scope of Project, as
presented.
Appointment/Reappointments
2020 Vision Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Andrew Dixon to the 2020
Vision Committee for a 3-year term to expire September 30, 2014.
Historic Districts Commission
Upon motion duly made and seconded, it was voted 5-0 to reappoint Marilyn Fenollosa to the
Historic Districts Commission as an Associate Member representing the Historical Society for a
5-year term to expire December 31, 2011.
Town Report Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Elaine Quinlan to the Town
Report Committee for a 1-year term to expire September 30, 2012.
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Set Date for Closing Warrant/Local Election and 1 Session of the 2012 Annual town Meeting
Upon motion duly made and seconded, it was voted 5-0 to close the warrant for the 2012 Annual
Town Meeting on December 30, 2011 at 4:30 p.m.
Upon motion duly made and seconded, it was voted 5-0 to set the date for the Local Election for
Tuesday, March 6, 2012.
Selectmen’s Meeting – November 21, 2011
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Upon motion duly made and seconded, it was voted 5-0 to set the date for the 1 session of the
2012 Annual Town Meeting for Monday, March 26, 2012.
Consent Agenda
Authorize Chairman to Sign Documents for State’s Subsidized Housing Inventory
Upon motion duly made and seconded, it was voted 5-0 to authorize the Chairman to sign all the
necessary documents for 1 Wilson Road to be included on the State’s Subsidized Housing
Inventory.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of November 7,
2011 and November 14, 2011.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of November 14, 2011.
Documents Presented
1.Memo from Janet Kern, Lexington Community Farm Coalition dated November 21,
2011 Regarding “The Importance of Mixed Use”.
2.LexHAB Scope of Project for Affordable Housing on the Busa Property.
Upon motion duly made and seconded, it was voted to adjourn at 9:10 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
November 30, 2011
A meeting of the Board of Selectmen was held on Wednesday, November 30, 2011 at 8:00 a.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.
FY 2013 Budget Presentations
Recreation
Ms. Simmons, Recreation Director, and Mr. Coleman, Recreation Supervisor, presented the
Recreation FY2013 Budget Requests. Level Service Requests: Recreation $1,206,040; Pine
Meadows $523,775; and Indirect Costs $223,600. Total Level Service Budget $1,953,415.
Program Improvement Request: Strategic Planning - $30,000 to hire consultant.
Department Goals: develop a plan for the use/reuse and development of the Busa Farm property;
manage active recreation construction projects; stormwater mitigation/pond preservation at the
Pine Meadows Golf Club; Phase I and I of the Marrett Road stormwater mitigation project;
Franklin Field renovation project; Phase I and II of the Town Pool renovation project; Phase I
and II of the Center Recreation Complex drainage and field renovation project; identify and
develop strategies designed to lessen the need for the Pine Meadows Golf Club to subsidize the
Recreation element; and work with the Finance Department, Town Manager’s Office and
Selectmen to review and update the Recreation Enterprise Fund policy.
Capital Projects: Park Improvements – Hard Court Resurfacing - $120,000; Center Playfields
Drainage, Implementation Phase III - $605,718; Park Improvements - Athletic Fields - $60,000;
Pine Meadows Equipment - $46,000; and Park and Playground Improvements - $65,000.
Fire
Chief Hoyle and Captain Fulton presented the Fire Department FY2013 Budget Requests. Level
Service Requests: Fire Administration $429,397; Fire Prevention $192,098; Fire Suppression
$4,626,741; Emergency Medical Services $156,700; Emergency Management $20,040; Total
Level Service Budget: $5,424,976.
Program Improvement Requests: Overtime for Recertification Coursework Training - $21,600
and 4 Fire Lieutenants - $23,807; Total Program Improvement Requests: $45,407.
Department Goals: Implement chosen recommendations from the Fire Department Consultant
Study; evaluate staff functions and assign tasks as appropriate with hiring of new administrative
personnel; implement Comprehensive Department Training Program; and finish removing
overhead Fire Alarm Cables.
Capital: Fire Pumper - $55,000 and Public Safety Radio Connectivity - $50,000: Total Capital
$105,000.
FY2013 Budget Presentations – November 30, 2011
Public Facilities
Mr. Goddard, Public Facilities Director, presented the FY2013 Public Facilities Budget. Level
Service Requests: Education Facilities $7,097,202; Municipal Facilities $1,635,982 and Shared
Facilities $970,437. Total Level Service Budget: $9,703,622; which includes $365,000 from the
Public Facilities Revolving Fund and $10,000 from the LexMedia Revolving Fund.
Department Goals include: utilize work order and PM program to continuously improve
equipment reliability; identify opportunities to perform more in house repair work with lower
costs and improved service; and support town-wide goals on facility energy efficiency resulting
in a town-wide reduction in facility energy consumption.
Program Improvement Request: Friday to Monday Custodian - $39,750.
Mr. Goddard will present the Public Facilities capital projects at the meeting on December 5.
Documents Presented
1.Recreation Enterprise Requested Budget for FY2013.
2.Fire Department Requested Budget for FY2013.
3.Department of Public Facilities Requested Budget for FY2013.
Upon motion duly made and seconded, it was voted to adjourn at 11:00 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk