HomeMy WebLinkAbout2011-12-BOS-minSelectmen’s Meeting
December 1, 2011
A meeting of the Board of Selectmen was held on Thursday, December 1, 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.
FY2013 Budget Presentations
Public Works
Mr. Hadley presented the Public Works FY2013 Budget Requests: Level Service Requests:
DPW Administration $523,097; Town Engineering $583,813; Street Lighting $275,774;
Highway $1,162,184; Road Machinery $636,992; Snow Removal $1,091,534; Parks Division
$930,459; Forestry $294,153; Cemetery $311,747; Refuse Collection $776,919; Recycling
$1,483,414; and Refuse Disposal $637,000. Total Level Service Budget: $8,807,087.
Program Improvement Requests: Forestry – 2 Seasonal Positions $10,560; Parks – Laser
Grading/Ballfield Maintenance Program $10,000; Highway - Regulatory Signs/Guard Rail Study
$58,000; Road - W-5 Mechanic $38,896; Snow - Center Snow Removal Cleanup $67,000; and
Compost – Saturday Sale of Compost Product $3,000. Total Program Improvement Requests:
$187,456.
Department Goals include: Finalize the American Public Works Association Accreditation
process; support implementation of GIS; explore long-term alternative disposal options for
refuse disposal and collection; work with the Energy Committee to improve energy efficiency
and savings; and continue the regular tree planting program.
Capital: Mass. Avenue – 3 intersection improvements $212,500; tow-way radio narrow band
upgrade $50,000; street improvements $1,798,374; sanitary sewer system investigation and
improvements $1,200,000; water distribution system improvements $900,000; dam repair
$260,000; Battle Green Master Plan $161,845; town wide culvert replacement $390,000;
equipment replacement $595,000; storm drainage improvements and NPDES compliance
$500,000; Hastings Park irrigation $70,000; hydrant replacement program $50,000;
comprehensive watershed storm water management $165,000; town-wide signalization
improvements $125,000; pump station upgrades $100,000; CBD sidewalks $240,000; sidewalk
improvement $300,000; Concord Avenue sidewalks $250,000; and street acceptance $275,000.
Total Capital $7,642,719.
The Selectmen requested additional discussion on intersection and street improvements prior to
when have to approve for town meeting.
Water Enterprise
Mr. Hadley presented the FY2013 Water Enterprise Budget Requests: Water Operations
$1,024,556; MWRA $5,512,091; Indirects $665,848. Total Water Enterprise Budget
$7,202,495.
FY2013 Budget Presentations – December 1, 2011
Department Goals include: continue with the Hydrant Maintenance Program; continue seeking
out the last 2 percent of meters that have not been changed out; implement a backflow/cross
connection program; reduce the amount of Pit Meters in Town and change out the manual reads
on the ones that cannot be eliminated; and update all the “paper tie cards” for GIS
implementation.
Sewer Enterprise
Mr. Hadley presented the FY2013 Sewer Enterprise Budget Requests: Sewer Enterprise
$604,289; MWRA $6,866,826; Indirects $623,444. Total Sewer Enterprise Budget $8,094,558.
Department Goals include: continue to rehab and refurbish all 9 pump stations and bring them
up to OSHA standards; clear and repair all access routes to all sewer easements; prioritize and
repair problem areas; continue pipe flushing program and root removal in all problem areas; and
initiate an educational program for the entire Town as to the costs and problems created by
Inflow and Infiltration.
Public Facilities (concluded)
Capital Requests for FY2013: Municipal Building Envelope and Systems $169,711; Muzzey
Senior Center upgrade Phase 2 $82,000; White House stabilization and reuse $665,000; Clarke
Auditorium lighting and tech upgrade $220,000; Cary Memorial Building upgrades $550,000;
DPF ground vehicle $80,000; school building flooring program $125,000; LHS overcrowding –
Phase 2 $400,000; school paving program $100,000; school window treatments extraordinary
repair $50,000; school locker program (final year) $150,000; Clarke paving improvements for
pedestrian and vehicles $65,000; DPF bid documents $75,000; Hastings improvements $87,000;
Clarke gymnasium storage area $28,000; energy saving projects $100,000; Hastings natural gas
conversion $45,000; Town Wide Facility Master Plan $65,000; school building envelope and
systems program $200,000; new loading dock for central office $25,000; and Diamond energy
improvements $25,000.
The Selectmen would like further discussion on whether a consultant should be hired to do a
Town Wide Facility Master Plan at this time.
The Selectmen will discuss at their December 5 meeting how to prioritize the CPA projects:
Muzzey, White House and Cary Memorial Building. The Selectmen requested that gross cost
estimate information be included in the packet for December 5.
Mr. Kelley will provide the Selectmen with information on possibly moving the White House to
the Leary land on Vine Street to be used for affordable housing. The Selectmen will need to
meet with the Historic Districts Commission regarding the possibility of moving the White
House from its current site. The Selectmen would like to know the cost to stabilize only the
outside of the building.
FY2013 Budget Presentations – December 1, 2011
Upon motion duly made and seconded, it was voted 4-1 (Manz opposed) to ask the Historic
Districts Commission for approval to move the White House to a different location. If the HDC
approves moving the White House the Selectmen will discuss with the Vine Street neighbors.
Documents Presented
1.Department of Public Works Requested Budget for FY2013.
2.Department of Public Facilities Capital for FY2013.
Upon motion duly made and seconded, it was voted to adjourn at 10:55 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
December 5, 2011
A meeting of the Board of Selectmen was held on Monday, December 5, 2011 at 8:00 a.m. in the
Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, and
Mr. Burnell; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present.
FY2013 Budget Presentations
Town Clerk
Ms. Hooper presented the Town Clerk FY2013 Budget Requests. Level Service Requests:
Town Clerk Administration $268,286; Board of Registrars $17,325; Elections $108,300; and
Records Management $41,875. Total Level Service Budget $435,786.
Department Goals include: development of coordinated Archives & Records Management
Program, CPA support for historic records conservation and preservation and records indexing;
enhancement for and further implementation of Laserfiche Document Imaging System for
records retention, electronic access and Archives/Records portal; and 2012 Elections
Administration – comprehensive administration of 2012 town/state/federal elections with
statutory requirements to provide legal and accessible elections to Lexington voters while
identifying potential building issues and with new precinct and district boundaries.
Capital Projects: Archives & Records Management/Records Conservation - $210,000.
Police
Chief Corr, Captain Ferro and Lt. McLean presented the FY2013 Police Budget. Level services
requests: Police Administration $1,122,261; Patrol & Enforcement $3,154,885; Parking
Operations $263,485; Investigations $646,694; Dispatch $582,848; Animal Control $31,614; and
Crossing Guards $141,496. Total Level Services Budget: $5,943,283.
Department Goals: complete the program of updating the Department’s policies and procedures,
convert them to an on-line medium with the ultimate goal of achieving Accreditation recognition
in 2012; with retirements, the Department anticipates the promotion of 1 Lieutenant and 2
Sergeants and hiring 4 new officers; if available, hire a new recruit with Asian language stills;
complete the reorganization of the Traffic Bureau; and assist the Town to advance the police
station and gun range renovation or rebuild project.
Program Improvement Requests: Hire 1 Police Officer $72,008; Replace equipment – mobile
(cruiser) radios and laptop computers $19,300; Equipment purchase – patrol rifles, traffic
counters, LIDAR $20,500; and Computer Forensic and Information Specialist $65,000. Total
Program Improvement Requests: $176,808.
Office of Community Development
Ms. Mullins, Community Development Director, presented the FY2013 Community
Development budget requests. Level Service Requests: Building and Zoning $504,897;
FY2013 Budget Presentations – December 5, 2011
Regulatory Support $209,114; Conservation $178,297; and Health $241,302. Total Level
Service Budget $1,133,609.
Program Improvement Requests: Regulatory Support - Department Clerk $32,410; Health -
State sanitary code housing inspection program $7,500; Conservation - land management
$14,300; and Regulatory Support – full-time Town Enforcement Ranger $22,323. Total Program
Improvement Requests: $76,533.
Department goals include: continue to implement Laserfiche Document Imaging software,
including scanning, microfilming and migrating department files into software; implement
electronic permit and tracking software; and collaborate with MIS, Planning and DPW to
develop Standard Operating Procedures for electronic submissions.
Health Goals: continue pandemic flu planning, including continuing to partner with Human
Services and Public Schools to provide vaccination clinics for the aging and school age
population; develop Food Establishment Operation Policy; develop and provide food and public
health related educational outreach materials to targeted demographics based on needs identified
in the recent Demographic Task Force’s Report; and establish an Abandoned Properties Task
Force to coordinate a unified response to address code issues related to identified abandoned
properties.
Conservation Goals: prepare and implement land management plans for each conservation area;
coordinate annual spring shoreline surveys by Watershed Stewards; continue to implement
Action Plan for Willard’s Woods, which includes improving the North Street parking lot with
support from DPW; restore the historic Paint Mine Barn for permanent land management
operations and storage subject to funding; and complete the Whipple Hill Conservation Area trail
improvements subject to receipt of DCR Recreational Trails Grant award.
Capital: Paint Mine Barn Preservation $34,770.
Documents Presented
3.Town Clerk Requested Budget for FY2013.
4.Police Department Requested Budget for FY2013.
5.Community Development Department Requested Budget for FY2013.
Upon motion duly made and seconded, it was voted to adjourn at 9:50 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
December 5, 2011
A regular meeting of the Board of Selectmen was held on Monday, December 5, 2011 at 7:00
p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Cohen, Mr.
Burnell and Ms. Mauger; Mr. Valente, Town Manager; and Mr. Addelson, Finance Director.
Mr. Manz announced that most of the items on the agenda would be taken up at a meeting of the
Board of Selectmen on Wednesday, December 7, at 11:00 a.m.
Town Manager Report
Mr. Valente reported that N-Star would be doing tree trimming in the Town during the next few
weeks.
Moody’s Investors Service will report on December 7, 2011 whether its negative outlook for the
Town will stand.
Tax Classification Hearing
Mr. Manz opened the duly advertised tax classification hearing.
Upon motion duly made and seconded, it was voted 4-0 to adjourn the hearing to Wednesday,
December 7, at 11:00 a.m.
Upon motion duly made and seconded, it was voted to adjourn at 7:15 p.m.
A true record; Attest:
Norman P. Cohen
Selectman
Selectmen’s Meeting
December 6, 2011
A meeting of the Board of Selectmen was held on Monday, December 6, 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.
FY2013 Budget Presentations
Planning
Ms. McCall-Taylor, Planning Director, presented the Planning FY2013 Budget Requests. Level
Services Requests: Planning $293,152.
Program Improvement Request: None.
Department Goals include: update the Development Regulations; sponsor a symposium on street
standards to work toward common standards that meet the needs of varied constituents from the
Fire Department to the bicyclists to DPW; implement the transportation management plan for the
Hartwell Avenue area; and institute process for site plan review in the CM district; and
coordinating with the Building Commissioner.
Library
Ms. Stembridge, Library Director, presented the Library FY2013 Budget Requests. Level
Service Requests: General and Technical Services $376,392; Adult Library $1,285,788; and
Children’s Library $353,014. Total Level Service Budget: $2,015,194.
Department Goals include:
1.To provide a variety of rich, historical and current print and electronic resources for the
public.
2.To promote the love of reading in order to encourage a community of lifelong learners.
3.To serve as a physical as well as virtual “commons”: informational, cultural and social.
4.To utilize appropriate technology to maintain, enhance and extend library services both
within the library and beyond.
5.To provide a welcoming environment to all.
Program Improvement Requests: Part-time Library Webmaster $22,102.
Capital Projects: Cary Library Building Project-Material Handling and Workflow - $75,000;
Cary Memorial Library RFID conversion project - $150,000; and Cary Library-Preservation
Project-Archives - $34,151.
FY2013 Budget Presentations – December 6, 2011
Human Services
Ms. Rodgers, Human Services Director, presented the FY2013 Human Services Budget
Requests. Level Services Requests: Administration $173,840; Community Programs $129,673;
Veterans’ Services $181,450; Family/Human Services $52,980; Services for Youth $72,942;
Senior Services $92,563; Developmentally Disabled $15,000; Transportation Services $605,427.
Total Level Service Budget $1,358,296.
Program Improvement Requests: Part-Time Municipal Clerk $16,773.
Departmental Goals: In response to current economic stressors, the Human Services Department
will outreach, identify and assist Lexington residents in accessing financial assistance programs,
education and resources; provide support services to the Veterans Services Officer to ensure that
Lexington veterans and their dependents are aware of the programs, services and benefits
provided by the Massachusetts Department of Veterans Services; transition transportation
operation and management services to the Human Services Department, including the
coordination of Lexpress, service to the senior housing villages, after school initiatives and
pedestrian safety initiatives; implement pilot point to point taxi program with funds from the
Friends of the Council on Aging and gift funds; implementation of Muzzey Life Safety and
Accessibility Improvement CPA funded project, in collaboration with the Department of Public
Facilities; and develop mission statement that describes the expanded responsibilities of the
Human Services Department, communicating the core community services offered to Lexington
residents.
Town Manager
Ms. Stevens, Management Intern, presented the Town Manager’s Office FY2013 Budget
Requests. Level Service Requests: Organizational Direction and Administration $610,049 and
Human Resources $236,756. Total Level Service Budget $846,806.
Program Improvement Request: Department Assistant - Benefits Specialist - $34,000.
Department Goals include: create a multi-year professional development plan primarily focused
on middle managers; implement changes to improve and enhance the Town’s website; undertake
a classification and compensation study for positions included in the Lexington Municipal
Management Association to ensure the Town maintains competitive in the job market for these
positions; coordinate departmental efforts for emergency and response planning including public
communication protocols, safety protocols for public buildings and sheltering and evacuation of
people with disabilities; begin bargaining of successor collective bargaining agreements with the
nine Town unions, for contracts expiring on June 30, 2012; conduct coalition health insurance
bargaining with the Lexington Public Employee Committee to negotiate a successor agreement
effective July 1, 2012; and conduct labor market analysis for Senior Management positions to
ensure the Town maintains competitive in the job market for these positions.
FY2013 Budget Presentations – December 6, 2011
Town Committees
Ms. Stevens, Management Intern, presented the Town Committees FY2013 Budget Requests.
Level Service Requests: Financial Committees $7,500; Miscellaneous Boards and Committees
$4,500; Public Celebrations $33,000. Total Level Service Requests: $45,000.
Program Improvement Request: None.
Finance
Mr. Addelson, Comptroller, presented the Finance FY2013 Budget Requests. Level Service
Requests: Comptroller $592,054; Revenue $376,614; Assessor $499,401; and Utility Billing
$68,143. Total Level Service Budget $1,536,213.
Program Improvement Requests: Contractual Work for Cyclical Property Inspections $20,000
and Increase House of Part-time Clerk Position $11,202. Total Program Improvement Requests:
$31,202.
Department Goals include: Assessing – develop a cyclical annual inspection program for
interior and exterior inspections; develop a protocol for regular data entry of permits and deeds
into Vision to mitigate backlogs; embark on cross-training program among Assessing
Department employees to promote staff capacity at all times; and activate GIS functionality in
Vision software and train staff in its use. Comptroller - implement electronic purchase order
system and implement general billing for miscellaneous receivables. Treasurer/Collector –
Continue progress in putting delinquent taxes into tax title to insure ultimate collection of past
due amounts; move unpaid water and sewer bills onto tax bills preparatory to moving delinquent
taxes (inclusive of unpaid utility charges) to tax title, thus insuring ultimate collection of past due
utility bills; bid banking services; and bid bill printing services.
MIS
Mr. Addelson, Comptroller, presented the MIS FY2013 Budget Requests. Level Service
Requests: MIS Administration $772,455 and Web Development $15,825. Total Level Service
Budget $788,280.
Department Goals: maintain stable and secure local area networks; provide on-going training
and support to employees; introduce VoIP to more buildings; create self service improvements
for Town employees and residents; develop GIS based improvements; improve staff mobility
and efficiency via new technology; and reduce technology energy burden via ‘green’ initiatives.
Program Improvement Requests: Additional Staff - $60,000; Mobile Devices - $43,000; Staff
Wireless - $19,500; and Town Website Renewal - $10,000. Total Program Improvement
Requests: $132,500.
Capital: Replace Town Wide Phone Systems - $578,000 and Town Wide Electronic Document
Management System - $145,000. Total Capital for FY2013 - $723,000.
FY2013 Budget Presentations – December 6, 2011
Documents Presented
1.Planning Department Requested Budget for FY2013.
2.Library Department Requested Budget for FY2013.
3.Human Services Department Requested Budget for FY2013.
4.Town Manager’s Office Request Budget for FY2013.
5.Town Committees Requested Budget for FY2013.
6.Finance Department Requested Budget for FY2013.
7.Management Information Systems Requested Budget for FY2013.
Upon motion duly made and seconded, it was voted to adjourn at 10:15 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
December 7, 2011
A meeting of the Board of Selectmen was held on Wednesday, December 7, 2011 at 11:00 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.
Sale of Advanced Refunding Bonds
Mr. Addelson explained that on December 1, 2011, the Town sold $19,030,000 of general
obligation bonds as Advanced Refunding Bonds. 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. The escrow account is
structured so that the principal and interest earned on the securities are sufficient to pay all
principal, interest, and all premium, if any, on the outstanding bonds up to and including the call
date. The refunding bonds are secured by the same sources of taxes or revenue previously
pledged to the payment of the outstanding bonds.
Eleven bids were submitted. The low bidder was TD Securities of New York at a rate of
1.749%.
Upon motion duly made and seconded, it was voted 5-0 that the sale of the $19,030,000 General
Obligation Refunding Bonds of the Town dated December 8, 2011 (the “Bonds”), to TD
Securities (USA) LLC at the price of $21,857,696.05 and accrued interest, if any, is hereby
approved and confirmed. The Bonds shall be payable on February 1 of the years and in the
principal amounts and bear interest at the respective rates, as follows:
Year Amount Interest Rate Year Amount Interest Rate
2013 $ 75,000 2.00% 2019 $1,835,000 5.00%
2014 2,100,000 3.00 2020 1,840,000 4.00
2015 2,060,000 4.00 2021 1,830,000 4.00
2016 2,030,000 4.00 2022 1,745,000 4.00
2017 2,030,000 5.00 2023 1,450,000 4.00
2018 2,035,000 5.00
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 November 21,
2011, and a final Official Statement dated December 1, 2011 (the “official Statement”), each in
such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed,
approved and adopted; to authorize the execution and delivery of a Refunding Escrow
Agreement to be dated December 8, 2011, between the Town and U.S. Bank National
Association as Refunding Escrow Agent; that the Town Treasurer and the Board of Selectmen
Selectmen’s Meeting – December 7, 2011
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; and 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 Concerns and Liaison Reports
Mr. Cohen acknowledged the passing of Angela “Jere” Frick, who was on the Conservation
Committee for 40 years and instrumental in finding open space to add to the Conservation Land
Inventory.
Mr. Manz thanked the Chamber of Commerce and the Department of Public Works for helping
to make the tree lighting ceremony a success. He also thanked Mr. Pinsonneault for getting the
Hastings bandstand power working again.
Mr. Kelley praised Mr. Manz for all his work in lighting the Hastings bandstand and making the
tree lighting ceremony a success.
Ms. Mauger thanked the Public Safety personnel for their response to the fire at a home on
Hancock Street. Also thanks to the Human Services and High School staff who helped the
homeowners with housing and other needs.
Tax Classification Hearing – FY2012 Tax Rate
The adjourned Tax Classification hearing was continued.
Mr. Addelson, Assistant Town Manager for Finance and Mr. Jackson, Chair of the Board of
Assessors, presented information to the Selectmen for setting the FY2012 tax rate.
Mr. Mehr, Precinct 3, asked under what circumstances the Board would vote to reduce the tax
rate.
The Selectmen each provided reasons why Lexington has not been able to reduce the tax rate
below 2.5 percent: having adequate reserves in case of additional state cuts; because of the many
roads and buildings projects; Lexington’s current strength and that an Override will not be
necessary; several unmet needs like senior citizens and school bus transportation; and street
maintenance.
Mr. Mehr requested that the Selectmen review the pros and cons of the residential exemption and
the Selectmen agreed to review the report and discuss at a future meeting.
Selectmen’s Meeting – December 7, 2011
Mr. Smith, Cranberry Hill Association, suggested that the tax rate should be set at 1.66 which
would be more equitable for commercial and residential.
The Selectmen debated residential factors between 1.66 and 1.70.
Mr. Kelley made a motion to establish the residential factor of 1.68 for fiscal year 2012. The
motion was defeated 2-3 (Manz, Cohen and Mauger opposed).
Upon motion duly made and seconded, it was voted 5-0 to establish the residential factor of 1.70
for fiscal year 2012.
Upon motion duly made and seconded, it was voted 5-0 not to adopt the Open Space Discount
for fiscal year 2012.
Upon motion duly made and seconded, it was voted 5-0 not to adopt the Residential Exemption
for fiscal year 2012.
Upon motion duly made and seconded, it was voted 5-0 not to adopt the Small Commercial
Exemption for fiscal year 2012.
Approve Changes to Minuteman commuter Bikeway Snow Removal Procedures
Mr. Pinsonneault, Manager of Operations, and Ms. Enders, Chairman of the Bicycle Advisory
Committee, worked with staff from the Police, Fire and Town Manager’s Office to make
changes to the snow removal program for the Minuteman Commuter Bikeway. The primary
change is to have all the gates remain open and all bollards removed; barrels will be placed at all
the intersections. The cost of removing snow from the Bikeway will continue to be covered by
donations.
Upon motion duly made and seconded, it was voted 5-0 to approve the Minuteman Commuter
Bikeway – Procedures for Snow Removal, dated December 5, 2011, as amended.
Approve Bikeway Signage Request
The Bicycle Advisory Committee is requesting permission to place up to 10 lawn signs on the
Bikeway to help publicize the importance of contributing funds for plowing the Bikeway.
Ms. Enders, at the request of Mr. Kelley, will look into whether signs could be placed on the
trash barrels. She also believes the plowing of the Bikeway should be part of the Town’s paving
program.
Selectmen’s Meeting – December 7, 2011
Upon motion duly made and seconded, it was voted 5-0 to allow the Bicycle Advisory
Committee to place up to 10 2-sided signs (27x18 inches) on the Bikeway until the end of March
to publicize how to make contributions to plow the bikeway.
Estabrook, Bridge and Bowman Debt Exclusion Discussion
The Board was provided draft wording for two questions for the January 24, 2012 election to
exclude the costs for the Bridge, Bowman and Estabrook School projects from the limits of
Proposition 2 ½ . Currently the question for Estabrook includes the necessary road
improvements.
The proposed questions are:
QUESTION 1: Shall the Town of Lexington be allowed to exempt from the provisions of
Proposition two and one-half, so-called, the amounts required to pay for the bond issued in order
to pay the costs of remodeling, reconstructing and making extraordinary repairs to the Bridge
and Bowman Schools, including the payment of costs of architectural and engineering services,
original equipment and landscaping, paving and other site improvements incidental or directly
related to such remodeling, reconstruction or repair?
QUESTION 2: Shall the Town of Lexington be allowed to exempt from the provisions of
Proposition two and one-half, so called, the amount required to pay for the bond issued in order
to pay for planning, constructing, originally equipping and furnishing a new Estabrook School on
the current Estabrook School site, including the payment of costs of architectural and
engineering services, playground and athletic fields, paving, other site improvements incidental
or directly related to the project, and Estabrook School-related street and traffic control
improvements on Grove Street, Robinson Road and Turning Mill Road including equipment,
engineering, paving, sidewalk construction, drainage improvements, and other related costs?
The Board discussed whether the road improvements should be part of the question. If the
roadwork is not part of the question it would be an article at the annual town meeting requesting
funds be appropriated. There will be no reimbursement from the state for road work. The
Estabrook School Access Ad Hoc Task Force has not made its final recommendation for
roadwork around the new school.
Ms. Harvel, Robinson Road, asked when the public would know what the road plans were for
educational purposes.
The Selectmen are not sure how much information will be available prior to the vote on January
24. The Estabrook Access Ad Hoc Task Force is hampered as the school is being designed and
the need to work with the MSBA. The School Committee and Selectmen will have to make the
final decision.
The Selectmen would like to know if Robinson Road is an accepted street.
Selectmen’s Meeting – December 7, 2011
A presentation will be made to the Selectmen on December 12 on the proposed design of the
new Estabrook School.
Town Wide Master Plan Discussion
The Selectmen discussed whether they wanted to include funds for consulting services to assist
Town committees and staff in developing a Town Wide Facility Master Plan.
The Board wants to work internally with staff on deciding where to site different facilities. They
requested that the money be put aside for a consultant in case the Selectmen see a need for using
it.
Future Meetings
The Selectmen will schedule meetings for January 9, January 23 and January 30.
Consent Agenda
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to lower the Battle
Green flag in memory of Angela “Jere” Frick on November 30 and December 1, 2011.
Upon motion duly made and seconded, it was voted 5-0 to not allow Waxy’s to stay open later
on December 3, 2011 to celebrate their one-year anniversary.
Upon motion duly made and seconded, it was voted 5-0 to approve setting up a Selectmen’s Gift
Account to deposit a check from the Graham Weston Gift Fund to be used for refurbishing the
Battle Green Monument.
Documents Presented
1.Letter to Diane Sullivan, Senior capital Program Manager, Regarding completed
review of the Feasibility Study Preliminary Design Program for the Estabrook School
project, dated December 6, 2011.
Upon motion duly made and seconded, it was voted to adjourn at 1:05 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
December 12, 2011
A regular meeting of the Board of Selectmen was held on Monday, December 12, 2011 at 7:00
p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr.
Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive
Clerk, were present.
Selectmen Concerns and Liaison Reports
Mr. Manz commented that the brick sidewalk repairs look great.
Town Manager Report
Mr. Valente reported on two items:
1.Moody’s lifted the Aaa-negative outlook rating and replaced it with a stable rating.
2.DOR certified Lexington’s tax rate today at $14.97/1000 for residential and
$28.45/10000 for commercial of assessed value. Tax bills will be mailed the end of
December, which is important because of the revaluation.
Flammable Storage License Hearing – Cubist Pharmaceuticals, 65 Hayden Avenue
Cubist Pharmaceuticals representatives and Lt. Tremblay from the Fire Department were
available to answer any questions.
Upon motion duly made and seconded it was voted to approve an Amended Flammable Storage
License for Cubist Pharmaceuticals for the aboveground storage, operation and maintenance of
12,600 gallons of flammable liquors and 2,400 pounds of flammable solids at 65 Hayden
Avenue.
Estabrook School Design Presentation
Mr. Himmel, Co-Chair of the Permanent Building Committee, introduced Ken DiNisco, DiNisco
Design, who presented to the Selectmen the findings and recommendations for the Estabrook
School design.
The School Committee’s preference is a three story building because it works best for the school
and the site. The goal is to get contract documents bid for a September 2012 construction start
and completion of the new school by May 2014. That would allow time to get the old school
demolished July/August 2014 before the start of school in September.
Selectmen’s Meeting – December 12, 2011
CPC Projects Presentation – Battle Green and Visitor Center
Battle Green Master Plan – Phase 2
Mr. Pinsonneault, DPW Manager of Operations, presented information on the proposed capital
project that is part of the Battle Green Master Plan. For FY2013 it is requested that $143,845 be
approved to address paths around the Battle Green and Belfry Hill, including granite at the
Obelisk and the fence at Ye Olde Burying Ground. This project will tie all the areas together.
Paths would be redone with stabilized stone dust and the current concrete would be repaired.
The Belfry would also be redone with stabilized stonedust. The Obelisk would be made
accessible and some of the fencing will be redone at the Ye Olde Burying Ground.
Visitor Center
Ms. McKenna, Chair of the Tourism Committee, and Mr. Smith, President of the Chamber and
an architect, presented a FY2013 capital request to redesign and expand of the Visitors’ Center.
The FY2013 funds requested are $255,000 for design money. Mr. Smith presented existing and
stnd
proposed drawings for a site plan, 1 and 2 floors. The estimated cost for a renovated Visitors
Center is $1,403,000.
The Selectmen were provided a Report on Lexington Visitors Center which was prepared by Ms.
McKenna, Tourism; Ms. Bohart and Ms. Terhune from the Chamber of Commerce and Mr.
Smith, Colin Smith Architecture. The report identifies and analyzes three broad goals for
meeting visitor needs: fulfill immediate information needs; increase visitor satisfaction and local
spending; and encourage repeat visits to Lexington and the region.
Programmatic needs of the Visitor Center include: education and multi-media room; self-serve
kiosk; counter space for assisting visitors; Veteran’s display with visual connection to exterior
memorials; retail space; food vending area for local establishments; bathrooms; and office and
meeting space.
Options to address needs include: renovate existing space; renovate and add small addition or
redesign and renovate existing space and provide programmatic addition.
The Selectmen had concerns that this proposed project has not been vetted by all the necessary
departments and committees. If the project is funded then all necessary groups would be
included in the decision.
Discuss Prioritizing CPA-Eligible Capital Projects
There are three large projects before the Community Preservation Committee (CPC) that the
CPA members have requested some prioritization from the Selectmen. The projects are:
Muzzey Senior Center, White House and Cary Memorial Building.
Ms. Mauger disclosed that her husband, Stew Kennedy, is a member of the Conservation
Commission, which is requesting funds from the CPC for the Paint Mine Barn Preservation.
Selectmen’s Meeting – December 12, 2011
Ms. Mauger considers the Muzzey Senior Center the top priority because of life and safety issues
that need to be addressed. Second most important is the White House.
The sense of a majority of the Board is to proceed with the Muzzey Senior Center renovations as
a top priority. Mr. Burnell has questions on the current design and does not agree with what has
been proposed.
The Board discussed the White House. Mr. Kelley would like to either move the house or
demolish it. It was noted that the Selectmen voted 4-1 to go to the Historic Districts Commission
to discuss whether they would be agreeable to moving the house to Vine Street. Mr. Manz does
not want the White House moved and asking LexHAB to restore it for affordable housing. Ms.
Mauger and Mr. Cohen believe the White House needs a purpose and feel it is important to see
what the HDC would allow the Town to do with the house. Mr. Burnell believes the White
House should be used for Police Department expansion and thus the building should be
stabilized, but no internal work should be done. Mr. Manz believes the house should be
stabilized.
Ms. McKenna wants to see the White House stabilized and hopes to some day use it for Tourism.
A decision of the Selectmen will be deferred until after CPC reports and the Selectmen meet with
the HDC.
Regarding the Cary Memorial Building project, Mr. Goddard is requested $550,000 for design
money. Mr. Burnell believes the project should be broken down into manageable projects that
can be prioritized. Mr. Manz and Mr. Cohen would like to move forward with the design
money. Ms. Mauger is hesitant to approve the design money if it means spending the $7 million
on Cary Memorial Building and phasing is cost prohibitive. If the project can be deferred a few
years after design she would approve, but if not she does not approve spending the design
money.
The Selectmen support the following CPA projects: Archives and Records Management, Paint
Mine Barn Preservation; Center Playfield Drainage; Battle Green Master Plan projects.
After the Community Preservation Committee has public hearings on all the proposed projects
and vote the funding, then the Selectmen will take positions.
Zoning Discussion – Hartwell Compost Area/Green Waste Facility Siting
The Planning Department has determined that the current zoning of the Hartwell Avenue
Compost Facility does not include a provision in the Use Table for a Green Waste Facility. The
options for addressing the zoning issue are:
Selectmen’s Meeting – December 12, 2011
1.Assume that locating an anaerobic digestion (AD) facility will be done through a CD
rezoning process;
2.Amend the Use Table in the existing Hartwell Avenue CM zone to allow anaerobic
digestion facilities by special permit; and
3.Create an Overlay District to allow anaerobic digestion facilities.
The Selectmen support a CD rezoning process. This process will be public and will address all
questions. The Town Manager will work on the RFP, which will be reviewed by many
departments and committees prior to being bid maybe the fall of 2012.
Request to Continue the Lexpress Point-to-Point Program
The Human Services Department and the Transportation Advisory Committee (TAC) requested
that the pilot program to provide Lexpress point-to-point service from the senior housing villages
to the senior center be extended indefinitely for as long as the Human Services Director and the
TAC conclude that the program fulfills the goal of enhancing senior mobility.
Upon motion duly made and seconded, it was voted 5-0 to approve the continuation of the
Lexpress point-to-point service for the senior housing villages as long as the program is
evaluated periodically.
FY2013 Budget Presentations – Selectmen/Legal and Economic Development and Tourism
Economic Development/Tourism
Mr. Valente Town Manager, and Ms. McKenna, Tourism Committee, presented the Economic
Development/Tourism FY2013 Budget Requests. Level Service Requests: Economic
Development Office $145,163; Liberty Ride $284,431; Battle Green Guides $27,800. Total
FY2013 Budget Requested $457,394.
Program Improvement Request: Tourism Marketing $25,000.
Total Capital for FY2013: Visitor Center $255,000.
Board of Selectmen
Ms. Pease, Executive Clerk, presented the Board of Selectmen’s FY2013 Budget Requests.
Level Service Requests: Selectmen’s Office $187,588; Legal $400,000; Town Report $7,500;
and LCTV $420,000.
Resignations/Appointments/Reappointments
Transportation Governance Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Bill Levison
from the Transportation Governance Ad Hoc Study Committee, effective immediately.
Selectmen’s Meeting – December 12, 2011
Upon motion duly made and seconded, it was voted 5-0 to appoint Sara Arnold to the
Transportation Governance Ad Hoc Study Committee representing the Transportation Advisory
Committee.
Fund for Lexington Board
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Daniel Lucas
from the Fund for Lexington Board, effective immediately.
Upon motion duly made and seconded, it was voted 5-0 to appoint Edmund Grant to the Fund for
Lexington Board.
Historic Districts Commission
Upon motion duly made and seconded, it was voted 5-0 to reappoint Daniel Griffiths to the
Historic Districts Commission representing the Board of Selectmen for a 5-year term to expire
December 31, 2016.
Ad Hoc School Transportation and Safety Study Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Judy Crocker, Safe Routes to
School Coordinator/Sidewalk Committee; Elaine Celi, Public Schools Transportation; Mary
Ellen Dunn, Public Schools Director of Finance; Manuel Ferro, Police, Traffic Safety Advisory
Committee; Craig Weeks, Community Member; Sharon Kendall, Community Member; and
Martin Cohen, Transportation Advisory Committee to the School Ad Hoc Transportation Safety
Study Committee.
Deb Mauger, representing the Selectmen, and Jessie Steigerwald, representing the School
Committee, will be Liaisons.
Noise Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Mary Fanucci to the Noise
Advisory Committee for a 3-year term to expire September 30, 2014.
Approve License Renewals
Upon motion duly made and seconded, it was voted 5-0 to approve the following licenses:
Class I Lexington Toyota, Inc., 409 Mass. Avenue
Class II A to Z Auto Wholesale, 20 Vine Street
Auto & Diesel Sales, 75 Westview Street
Autobahn East, 436 Marrett Road
Lexington Auto Group, 1095 Mass. Avenue
Lexington Auto Sales, 542 Mass. Avenue
Lexington Auto Service, Inc., 39 Bedford Street
Scott the Car Guy, LLC, 47 Kendall Road
Selectmen’s Meeting – December 12, 2011
Class III John P. Carroll Company, Inc., 770 Waltham Street
Coin Operated Machines Lexington Elks (3), 959 Waltham Street
Lexington VFW (4), 2 Hayes Lane
Waxy O’Connor’s (3), 94 Hartwell
Common Carrier Boston Tours, Inc. (2), 56 Williams Street, Waltham
Joseph’s Transportation, Inc. (5), 44 James Street, Medford
Common Victualler Alexander’s Pizza, 180 Bedford Street
Bertucci’s Brick Oven Ristorante, 1777 Mass. Avenue
Bollywood Café, 135 Mass. Avenue
Bruegger’s Bagel Bakery 413 Waltham Street
Buca di Beppo, 20 Waltham Street
Dabin Restaurant, 10-12 Muzzey Street
Daikanyama Japanese Cuisine, 43 Waltham Street
Dunkin Donuts, 10 Woburn Street
Dunkin Donuts, 373 Waltham Street
Dunkin Donuts, 141 Mass. Avenue
Dunkin Donuts, 317 Woburn Street
Ixtapa Cantina Mexican Family Restaurant, 177 Mass. Avenue
Khushboo, 1709 Mass. Avenue
Knights of Columbus, 177 Bedford Street
Lemon Grass Restaurant, 1710 Mass. Avenue
Lexington Elks, 959 Waltham Street
Lexington Golf Club, 55 Hill Street
Lexington House of Pizza, 399 Lowell Street
Lexx, 1666 Mass. Avenue
Mario’s Italian Restaurant, 1733 Mass. Avenue
Minuteman Regional Voc. Tech. School, 758 Marrett Road
Nick’s Place, 197 Mass. Avenue
Nourish eat well live well, 1727 Mass. Avenue
Panera Bread, 1684 Mass. Avenue
Pine Meadows Golf Club, 255 Cedar Street
Prime Roast Beef & Seafood, 321 Marrett Road
Quality Inn & Suites, 440 Bedford Street
Rancatore Ice Cream, 1752 Mass. Avenue
Ride Studio Café, 1720 Mass. Avenue
Royal India Bistro, 7 Meriam Street
Ruyi Restaurant, 27 Waltham Street
Starbucks Coffee, 1729 Mass. Avenue
Starbucks Coffee, 60 Bedford Street
The Upper Crust Pizzeria, 41 Waltham Street
Three Gorges of Lexington, 211 Mass. Avenue
Tio Juan’s Margaritas Restaurant, 438 Bedford Street
Via Lago, 1845 Mass. Avenue
Waxy O’Connor’s, 94 Hartwell Avenue
Selectmen’s Meeting – December 12, 2011
Common Vict. (concluded) Yangtze River Restaurant, 21-25 Depot Square
Entertainment Buca di Beppo, 20 Waltham Street
Lexx Restaurant, 1666 Mass. Avenue
Nourish eat well live well, 1727 Mass. Avenue
Prime Roast Beef & Seafood, 321 Marrett Road
Ride Studio Café, 1720 Mass. Avenue
Ruyi Restaurant, 27 Waltham Street
Starbucks Coffee, 60 Bedford Street
Tio Juan’s Margaritas Restaurant, 438 Bedford Street
The Upper Crust Pizzeria, 41 Waltham Street
Waxy O’Connor’s, 94 Hartwell Avenue
Club Liquor License Lexington Elks, 959 Waltham Street
Lexington Golf Club, 55 Hill Street
Common Victualler Liquor Bertucci’s Brick Oven Ristorante, 1777 Mass. Avenue
Dabin Restaurant, 10 Muzzey Street
Ixtapa Cantina Mexican Restaurant, 177 Mass. Avenue
Khushboo, 1709 Mass. Avenue
Lexx Restaurant, 1666 Mass. Avenue
Nourish eat well live well, 1727 Mass. Avenue
Tio Juan’s Margaritas Restaurant, 438 Bedford Street
Via Lago, 1845 Mass. Avenue
Yangtze River Restaurant, 21-25 Depot Square
Innholder Liquor License Aloft Lexington, 727 Marrett Road-A
Element Lexington, 727 Marrett Road – B
Lodging/Innkeeper Quality Inn & Suites, 440 Bedford Street
Wild Acre Inn, 50 Percy Road
Package Store Liquor Berman’s Wine & Spirits, 55 Mass. Avenue
Busa Brothers Liquors, Inc., 55 Bedford Streets
Lexington Liquor Mart, 46 Bedford Street
Nikki’s Fine Wine & Spirits, 1726 Mass. Avenue
Omni’s Crushed Grapes & More, 411 Waltham Street
Vinebrook Bottle Shop, 131 Mass. Avenue
Wine and Malt Liquor Daikanyama Japanese Cuisine, 43 Waltham Street
Upon motion duly made and seconded, it was voted 5-0 to approve the following licenses,
subject to receiving all the necessary paperwork:
Coin Aloft Lexington (2), 727 Marrett Road – A
Common Victualler License Aloft Lexington, 727 Marrett Road – A
Element Lexington, 727 Marrett Road – B
McDonald’s, 690 Marrett Way
Peet’s Coffee & Tea, 1749 Mass. Avenue
Entertainment Aloft Lexington, 727 Marrett Road – A
Element Lexington, 727 Marrett Road - B
Selectmen’s Meeting – December 12, 2011
Club Liquor Knights of Columbus, 177 Bedford Street
Lexington VFW, 2 Hayes Lane
Common Victualler Liquor Buca di Beppo, 20 Waltham Street
Lemon Grass Restaurant, 1710 Mass. Avenue
Royal India Bistro, 7 Meriam Street
Ruyi Restaurant, 27 Waltham Street
Waxy O’Connor’s, 94 Hartwell Avenue
Lodging/Innkeeper Aloft Lexington, 727 Marrett Road – A
Element Lexington, 727 Marrett Road – B
Approve Assistant Manager for Lexington Golf Club
Upon motion duly made and seconded, it was voted 5-0 to approve Domingo Medina as the
Assistant Manager for the Lexington Golf Club, subject to receiving favorable CORI
information.
Sign Warrant for Debt Exclusion on January 24, 2012
The Selectmen discussed the proposed warrant for the January 24, 2012 Debt Exclusion and
whether the road work should be included in the question relating to the Estabrook School.
Mr. Kelley requested that the order of the two questions be changed so the Estabrook question is
first.
Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to keep the order of
questions as is.
Upon motion duly made and seconded, it was voted 5-0 to sign the warrant removing the off-site
road related wording.
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 Sept 2011 Water/Sewer Charges (Cycle 9) $228,882.59
Commitment of Oct 2011 Water / Sewer Charges (Cycle 9) $159,228.76
Commitment of Nov 2011 Water/Sewer Charges (Cycle 9) $263,117.07
Commitment of Sept 2011 Water/Sewer Charges (Final Billings) $ 6,412.07
Commitment of Oct 2011 Water/Sewer Charges (Final Billings) $7,897.65
Commitment of Nov 2011 Water/Sewer Charges (Final Billings) $9,744.08
Commitment of Nov 2011 Water/Sewer Charges (Section 2) $1,990,457.09
Adjustments of Water / Sewer charges for December 12, 2011 -$2,456.01
Selectmen’s Meeting – December 12, 2011
One-Day Liquor License for Lexington Symphony
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
the Lexington Symphony to sell beer and wine at the New Year’s Eve Gala-Fundraiser on
Saturday, December 31, 2011 from 8:30 p.m. to 12:30 a.m. on January 1, 2012.
th
One-day Liquor License for Class of 76 35 Reunion – Change of Location
Upon motion duly made and seconded, it was voted 5-0 to approve the change of location for a
th
one-day liquor license for the Class of 76 35 Reunion to serve all alcohol from the Lexington
High School to the Depot Building, 13 Depot Square.
Approve Reserve Fund Transfer – 80 Oak Street
Upon motion duly made and seconded, it was voted 5-0 to approve a Reserve Fund Transfer for
$40,000 to make the structure at 80 Oak Street safe.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session
to discuss strategy with respect to collective bargaining related to Police Superior Officers-Local
501, the Fire Union-Local 1491 and potential litigation regarding Shire HKT (noise bylaw), and
to reconvene in open session only to adjourn. Further the Chairman declared that an open
meeting discussion may have a detrimental effect on the bargaining and litigation position of the
Town.
Upon motion duly made and seconded, it was voted to adjourn at 11:55 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting/Summit 3
December 21, 2011
A regular meeting of the Board of Selectmen was held on Monday, December 12, 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. Tsvetkova, 42 Lowell Street, provided the Selectmen information on affordable housing
compliance calculations and requested that the Board hold a public hearing prior to building on
the Busa property.
Selectmen Concerns and Liaison Reports
Mr. Cohen commented on the loss of two former Town employees: Mary McDonough who was
the Town Clerk for many years and the recipient of the White Tricorne Hat, and Marion Snow
who worked in the Selectmen and Planning Board offices and was a member of the Town
Celebration Committee for many years. Both women did lots of great things for the Town and
will be missed.
Liquor License Issues
The Selectmen discussed four businesses who have not yet complied with all the requirements to
receive their liquor licenses: Ruyi Restaurant, Knights of Columbus, Waxy O’Connor, and Buca
Di Beppo.
Ruyi Restaurant has an exhaust hood that is not functioning properly and the manager has known
of the issue since June. The Manager needs to provide the Building Department with a plan for
repairing the problems before the Building Commissioner can make a recommendation to the
Selectmen whether Ruyi should receive their liquor license.
The Knights of Columbus, Waxy O’Connor and Buca di Beppo have inspections scheduled and
will not be given their liquor licenses until the Selectmen’s Office receives the approved
Certificate of Inspection.
Upon motion duly made and seconded, it was voted 4-1 (Burnell opposed) to hold the Ruyi
Restaurant, Knights of Columbus, Waxy O’Connor’s and Buca Bi Beppo liquor licenses until
they receive their Certificate of Inspection signed by the Building and Fire Departments.
The Selectmen were asked how they wanted to handle the Lexington VFW who had not
complied with the Selectmen’s Rules and Regulations for Clubs.
Selectmen’s Meeting – December 21, 2011
Upon motion duly made and seconded, it was voted 5-0 to hold the Lexington VFW liquor
license until the current manager provides evidence of alcohol awareness training or they provide
the necessary paperwork for a Change of Manager.
Town Counsel – Explain “Mixed Use” on Busa Property
Mr. Batt and Mr. Pace, from Anderson and Kreiger, were asked to clarify the options for
structuring mixed use restrictions for the Busa property. When Community Preservation Act
money is used to purchase land a restriction must to be acquired. The options for this land are:
conservation, agricultural and affordable housing restrictions. There are some advantages and
disadvantages to each, but they can get complicated if the restrictions are combined or overlap in
some way. Conservation restrictions provide a lot of flexibility and are used to preserve open
space for a number of different needs, including conservation, agricultural and active recreational
purposes, including building envelopes for associated uses or structures in association with
agricultural uses. An agricultural preservation restriction does not have the same flexibility
because it is focused more on an agricultural use and does not allow for recreational use and
would be more challenging to find other uses for the property. An affordable housing restriction
is strictly for affordable housing.
A conservation restriction could be tailored to allow the uses the Selectmen desire within certain
limits and could include an agricultural building, active recreation and open space use.
Important to decide early what the land will be used for now and all possible future uses and then
work with the State to get restriction issues addressed and hopefully approved.
If there is a conservation restriction on the property with a farm use and want to run a ski
operation in the winter the farm structure would be used to store farming and skiing equipment.
If there is an affordable housing restriction and you want to store skis or farm equipment as long
as the affordable housing units are preserved for affordable housing and the equipment did not
change the use of the accessory space should be alright with the State but would have to be
worked out.
If want a multi use building with affordable housing and some community use (equipment
storage, education space, etc.) what would be the proper restriction for the land on which the
housing sits?
This scenario would have to be discussed with the State. Normally it would be a conservation
restriction with carve outs for other uses. It gets challenging when you have two uses in same
building. If there is a failure with a conservation restriction or a failure with an affordable
housing restriction there will be enforcement rights and if share systems then if enforcement
actions on one restriction how does that affect the other. It would be more complicated to create
the restrictions and more costly. Important to talk with State to see if they would approve and
then decide if want to proceed.
Selectmen’s Meeting – December 21, 2011
Mr. Karnofsky, Bertwell Road, asked about whether an affordable housing restriction would
allow sharing of building or adjacent building space and what about sharing parking.
Mr. Pace stated the easiest route is an affordable housing restriction parcel and another parcel for
other uses. Very often parking lots and access ways are shared and that could be worked out.
There starts to be issues when systems are linked.
Mr. Batt reminded the Board of the past experience of sharing the Muzzey Condominium space
with the Senior Center. It is important to try to foresee potential conflicts with uses before
consider mixed use.
Mr. Bartenstein, Town Meeting Member Precinct 1 and member of the Appropriation
Committee, asked about the use of an affordable housing restriction for specific units, which is
possible, but if interested in defining upstairs as affordable housing and down as other use would
need ruling from State and it would be more challenging to put together restriction and get
approved by State.
Ms. Kern, LexFARM, asked for clarification if an affordable housing restriction was used would
other ancillary uses, including structures, be possible.
Mr. Pace clarified that if there is an affordable housing restriction for a condo complex other
activities could be held in common spaces. But CPA requires a restriction on the property for the
purpose for which it was acquired. If an affordable housing restriction is put in place and the
intent is open space and agricultural use that would not satisfy CPA. If uses under an affordable
housing restriction are ancillary with the primary function housing that is allowed. The line gets
fuzzy when talk about the difference between a shed and a barn being put up on the property if it
is designed with an affordable housing restriction.
Mr. Cohen reminded the audience that the land was acquired as and/or for all purposes. Counsel
has made it clear the difference between conservation, affordable and agricultural restrictions.
The Board will review all the questions raised at this meeting and will decide how the land
should be designated working with Counsel and the State.
Accept Donation of Land for Conservation – 100 Woburn Street
Ms. Mullins, Conservation Director, explained that the property was being foreclosed on by
former owner so the current owner wants to donate it to the Town. The Conservation
Commission accepted property at last meeting.
Upon motion duly made and seconded, it was voted 5-0 to accept a gift of land by deed to the
Town of Lexington, acting by and through the Conservation Commission, for the transfer of the
land located at 100 Woburn Street in Lexington, shown as Parcel 39A of Assessor’s Map 47, as
described in the Foreclosure Deed dated February 27, 2009, recorded in the Middlesex South
District Registry of Deeds at Book 52354, Page 95; and further to authorize the Town Manager
Selectmen’s Meeting – December 21, 2011
to take any actions or to execute any documents that are necessary, in the Town Manager’s
discretion, to complete the acceptance of the gift of the property on behalf of the Town including
the execution of a letter agreement specifying the terms and conditions of the gift of land.
Approve Letter to Comcast Regarding Contract Renewal
The Communications Advisory Committee (CAC) requested the Selectmen send a letter to
Comcast to clarify the negotiation process.
Upon motion duly made and seconded, it was voted 5-0 to sign and send a letter to the Comcast
Cable Communications regarding the Cable Television Renewal Process.
Approved Revised Charge – Noise Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to adopt the revised Noise Advisory
Committee charge that revises the Criteria for Membership and fixes the membership at seven.
Approve Eagle Letter Recognizing Luke Psyhojos
Upon motion duly made and seconded, it was voted 5-0 to send a letter of commendation to
Luke Psyhojos congratulating him on attaining the highest rank of Eagle in Boy Scouting.
Resignation – Sidewalk Committee
Upon motion duly made and seconded, it was voted to 5-0 accept the resignation of Margaret
Lotz from the Sidewalk Committee, effective immediately.
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 adjustments as recommended by the Water and Sewer Abatement Board:
Adjustments of Water/Sewer Charges ($77,239.19)
One-Day Liquor License – Lexington Historical Society
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
the Lexington Historical Society Annual Progressive Dinner to serve wine on January 7, 2011
from 6:00 p.m. to 11:00 p.m. at the Depot Building.
Selectmen’s Meeting – December 21, 2011
Ratify Poll Votes – Lowering Battle Green Flag
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to lower the Battle
Green flag for Mary McDonough on Thursday, December 15; for Worcester Firefighter Davies
on Thursday, December 15; for Paul Riffin on December 19; and for Marion Snow on December
20, 2011.
Summit 3
Present: All School Committee Members, except Mr. Alessandrini; Dr. Ash, School
Superintendent; Mr. Dunn, Assistant Superintendent for Finance and Business; and Mr. Harris,
Assistant Superintendent for Human Resources; All Capital Expenditures Committee members
except Mr. Edson and Mr. Hurley; all Appropriation Committee members except Mr. Neumeier;
Mr. Valente, Town Manager, Mr. Addelson, Assistant Manager of Finance; Ms. Stevens,
Management Intern; Ms. Brown, Town Moderator.
Revised FY2013 Revenue Projections
Mr. Addelson reviewed the revised FY2013 revenue projections: FY2012 New Growth -
$3,346,536 (revised as certified by the Department of Revenue); $FY2013 Tax Levy Limit -
$133,879,231 (due to change in FY2012 New Growth); FY2013 School Department Revenue -
$397,570 (due to change in Medicaid reimbursement); FY 2013 Gross General Fund Revenue -
$161,131,603 and FY2013 Net General Fund Reserves - $155,913,057.
Proposed FY2013 Revenue Allocation Model
Mr. Valente reviewed the difference in revenue with and without capital financing; Total
difference $303,714. Mr. Valente and Dr. Ash are recommending that the $303,714 be removed
from the revenue allocation to go toward capital items because of some capital items that are
high priority.
Mr. Addelson reviewed the revised FY2013 Revenue Allocation. The current incremental
revenue is $4,427,326 ($3,164,790 School share and $1,262,536 Municipal share).
Mr. Addelson reviewed the estimated FY2013 projected revenue: $161,131,604, which is
$7,210,266 higher than last year.
Mr. Valente reviewed the policy issues for consideration: free cash set-asides; additional capital
funding proposed at $303,714 and benefits/health insurance amount subject to bargaining/new
statute.
The next Summit will be scheduled for January 18 at 7:00 p.m.
Documents Presented
1.Affordable Housing Compliance Calculations, Ms. Tsvetkova
2.FY2013 Revenue Allocation Model, Summit III, dated December 21, 2011.
Selectmen’s Meeting – December 21, 2011
Executive Session
Upon motion duly made and seconded, it was vote 5-0 to go into executive session to discuss
strategy with respect to coalition bargaining related to employee and retiree health insurance and
to reconvene in open session only to adjourn. Further, the Chairman declared that an open
meeting discussion may have a detrimental effect on the bargaining of the Town.
Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk