HomeMy WebLinkAbout2020-04-06 SB Packet - Released SELECT BOARD MEETING
Monday, April 6, 2020
Conducted by Remote Participation*
7:00 PM
AGENDA
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to
ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698-
45 80 if they wish to speak during public comment to assist the Chairman in managing meeting times.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1. C O VID-19 Update 7:10pm
• Discuss Strategies, Implementation and Community Response Actions
Related to C O VID-19 Guidelines and Directives
2. Discussion of Eversource Microgrid Proposed for Bedford Street 7:25pm
3. 2020 Annual Town Meeting 7:55pm
• Article Discussions/Positions/Consent Agenda
• Select Board Report
4. Discussion on Appointment of User Representative to the Permanent Building 8:40p m
Committee (PBC) for Police Station Project
5. Interim Reappointment of Town Counsel 8:45pm
ADJOURN
1. Anticipated Adjournment 8:50pm
*as per Executive Order regarding remote participation:
http s://www.mas s.gov/doc/op en-meeting-law-order-march-12-2020/download
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Or listen to the meeting using one of the following (at the time of the meeting)
W hone one-tap: +13126266799„ 963136060# or +19294362866„ 963136060#
Or call on the Telephone: +1 312 626 6799 or +1 929 436 2866
Then enter Web inar I D: 963 136 060
The next regularly scheduled meeting of the Select Board will be held via remote participation
on Monday,April 13, 2020 at 7:00pm.
Hearing Assistance Devices Available on Request 'diia
All agenda time and the order of items are approximate and L e e '
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
C O VID-19 Update
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.1
SUMMARY:
Update to Board on Public Health Information and Town Response Actions Related to COVID-19
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/6/2020 7:10pm
ATTACHMENTS:
Description Type
COVID-19 UPDATE
4/6/20
Updated public Health Information (as of 4/3/20):
• 36 Confirmed Cases in Town
• 44 residents under quarantine
• 44 residents off quarantine
Town/School/Community:
• All Town Offices are closed and employees are working remotely with the exception of the Police
Station (which remains open to the public). Police, Dispatch, Fire/EMS are working regular
schedules. Public Works and Public Facilities are working a reduced schedule. The Golf Course,
Tennis Courts, Playgrounds are closed to public use. All public restrooms are closed and locked.
Parks and the bikeway as well as trails in town remain open for the public to use while using the
recommended social distancing guidelines. No group sports events are allowed. This level of
operation will remain in effect until the Governor rescinds or amends the emergency order.
Currently the emergency order has been extended until May 4. The Hartwell Avenue Compost Site
will be closed on Sundays for the timebeing with a schedule that will be Monday through Friday 7:30
AM to3:00PM.
• All restaurants and on premise license holders are closed except for take-out or delivery. The Town
has put together a resource guide that shows which restaurants are open for take-out/delivery,
available on the Town's website. We have approved the use of sandwich boards for restaurants
that remain open to assist them on advertising during this state of emergency. All daycare centers
are closed until further notice from the Governor. The Board of Health has issued an order closing
personal care businesses such as nail salons,tattoo and body art parlors, hairdressers and barbers as
it's not possible to conduct these businesses and maintain a safe social distance. The MDPH issued
an order on 3/30 closing all lodging for business, vacation or optional travel and that hotels can only
be used for essential reasons related to the current state of emergency.
• As per the Governor's order, the Town does not have independent authority to restrict or halt
construction activities in Town. As such,the Fire Station,Visitors Center and other private projects
have continued to make progress. On 4/1,the State provided a revised list of essential businesses,
and certain non-essential construction activities (on commercial projects, not housing or critical
infrastructure) has been modified. We have requested Town Counsel's guidance in dealing with
construction projects in Town, including our own construction projects. Town Counsel has advised
that additional guidance is expected from the State and that we should be prepared to act when
appropriate.
• Town Staff—With the exception of essential staff, Town staff are working remotely, with all town
offices remaining operable, and the remaining staff maintaining safe social distancing and using
remote meetings. Town Departments are continuing to respond to emails, process payments as
well as accounts payable and payroll and all permitting will continue on an as needed basis. We are
conducting interviews to fill vacant positions using zoom meetings. We have established policies
related to any staff that become sick with COVID-19 during this pandemic. As stated in previous
reports,we continue to pay staff their full rate of pay.
• Town Meeting—We are continuing to prepare for a virtual Town Meeting which we anticipate will
be scheduled shortly(currently April 15). On 4/1 1 discussed with staff that they should all be
preparing to do any presentations on those items that are on the consent agenda,that they would
otherwise be doing at a normal Town Meeting,to be posted online and perhaps through LexMedia
so that Town Meeting members still will have an opportunity to review those presentations without
bogging down a virtual Town Meeting with a large number of presentations that could otherwise
have been completed beforehand.
• Boards, Committees & Commissions—The following Boards, Committees & Commissions will
continue to meet (virtual meetings):
o Select Board
o Appropriation Committee
o Board of Assessors
o Board of Health
o Capital Expenditures Committee
o Conservation Commission
o Historic District Commission
o Planning Board
o School Committee
o Zoning Board of Appeals
o Retirement Board
o Historic Commission
o Neighborhood Conservation Districts (this has been added as they have statutory deadlines)
o The LexHab Board has requested to meet to discuss policy related to tenant's ability to pay
rent.
• We will be reviewing whether other Boards or Committees could also start to meet in the
coming weeks as they face issues that may be COVID-19 related (such as greater use of parks,
bikeway,trails, etc. and how best to manage these issues). With the relative success we are
having with zoom, as other Committee have a need to meet,we can accommodate them, but
will need to develop a prioritization process.
• As of March 15, 2020,the Police Department is:
o Suspending all night parking enforcement
o Enforcing hazardous parking only
o Suspending all meter enforcement through 4/1, we will review this next week.
o Suspended paid parking at the Depot Lot
• We continue to have a regular, conference call every M-W-F morning at 8 AM with the Senior
Management Team and Health Officials to review the change in the number of local cases and
discuss actions the Town is taking and to discuss any issues or concerns of various departments.
• We were already planning on measures for non-essential staff to be working remotely, so we were
well prepared to respond to the Governor's order on 3/23. Non-essential staff that need to work in
the office will be coordinated so that no more than one person (in most instances)will be working in
an office at a time to maintain safe social distancing.
• Financial implications—During the week of 4/6,the Town Manager,Assistant Town Manager for
Finance and Budget Officer will begin reviewing the impact the virus is having on the economy and
related impact on the Town budgets for both FY20 & FY21. After initial discussions, we will also
bring into the discussion,the School Department. For now, I am concerned about the impact to the
FY20 budget; but am also concerned about the lingering effects on the economy and whether the
state of emergency may also continue into July and FY21. At this time,there are so many unknowns
about FY21,that I continue to believe it is best to go with the budget that was prepared, but to also
restrain spending in FY20& FY21 and react at a Fall Town Meeting when better information is
available.
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discussion of Eversource Microgrid Proposed for Bedford Street
PRESENTER:TER• ITEM
S
NUMBER.
Jim Malloy, Town Manager
I.2
SUMMARY:
Eversource has approached the Town with a proposal to create a micro-grid that would service the area around
the Fire Station with a renewable energy source that would provide electricity into the grid under normal
conditions and would provide an isolated micro-grid to a small area of town around the Fire Station that would
provide power during extended outages to maintain a grocery store, pharmacy, a couple of restaurants, gas
station and health care providers. The proposal is planned to be funded by Eversource at no cost to the
Town with the prospect of future property tax revenues on the solar panels and structures. The proposal is
also subject to legislative changes that are currently under consideration by the legislature but could also be
accomplished as a pilot program under separate legislation.
SUGGESTED MOTION:
While no specific motion is required at this time, a general consensus from the Select Board that you would be
interested in seeing this move forward and authorizing the Town Manager to work with Eversource, the local
businesses and our legislators would be appropriate.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/6/2020 7:25pm
ATTACHMENTS:
Description Type
V'EJR.S
E, ,A.g."`URCE
247 Station Drive
ENERGY Westwood,MA 02090
Memorandum to The Town of Lexington Select Board
Re: Eversource Micro Grid Proposal
Date: April 6, 2020
Eversource appreciates the occasion to explore opportunities to collaborate with the
Town of Lexington to improve resiliency and enhance the safety of the community
during emergencies. These discussions could equip the Town with an important new
tool for combatting and adapting to climate change by reducing greenhouse gas
emissions and enhancing the safe and reliable operation of the Town's critical
facilities. Furthermore, this project has the potential to reduce the Town's peak
energy demands and provide additional revenue sources for both the Town and
certain private property owners who could host certain portions of the infrastructure.
A collaboration between the Town of Lexington and Eversource can achieve a clean
energy transformation by leveraging the collective will of Lexington and Eversource's
expertise in operating advanced, modern electric distribution systems in New England
including solar/battery storage systems and the prospect of islanding the Town's
Critical Infrastructure Facilities when the bulk and/or broader distribution grid suffers
an outage. The impacts of COVID -19 pandemic highlight the critical nature not only
of first responder capability and health care access, but also the relative importance
of grocery stores.
Preliminary Technical Descrip tion of Proposed Solution
Subject to obtaining the necessary legislative, regulatory and internal approvals,
Eversource proposes to install up to 1.65 MWdc (approx. 1.25 MWac) solar canopies
and battery storage. This micro grid will enable the Town to use backup service
options for extended periods when there are outages on the bulk and/or broader
distribution grid, ensuring public safety, critical services, and uninterrupted energy
delivery to local businesses. Further, this micro grid would be integrated with our
distribution infrastructure to maintain the Town's access to benefits of the broader
distribution system while enhancing the reliability of energy distribution system.
V'EJR.S
E, ,A.g."`URCE
247 Station Drive
ENERGY Westwood,MA 02090
As we understand our preliminary discussions, the key facilities where the Town is
interested in participating in this program include the Town's recently completed fire
station, and nearby businesses and healthcare facilities including a gas station, grocery
stores, restaurants, health care facilities and drug stores. There is also the potential
for incorporating electric vehicle charging stations.
This area of Lexington is served by 13.8 kilovolt (kV) distribution circuit from
Eversource's substation on Hartwell Ave near the Lexington Compost Facility. The
area can be served from multiple circuits and sources including a separate 13.8 kV
circuit from Eversource's substation on Marret Rd near the Minute Man High School.
These circuits are connected by switches that provide both automated reconfiguration
or manual remote reconfiguration of the circuits from Eversource's control center in
the event of an outage.' In the event of an extended outage of both circuits into this
area, these switches would be automatically opened and the microgrid generation
would serve the connected load as an isolated island.
Pursuant to our preliminary discussions, we expect that the solar panels necessary to
enable a proposed solution could be located on private property. If such a scenario is
implemented, we anticipate that the private property owners would receive lease
payments for the use of the property. Furthermore, the Town of Lexington would
receive property tax revenue for the equipment constructed by Eversource. This
proposal will also create opportunities for solar and storage developers because
Eversource will put these projects out to competitive bid for design and construction.
State Legislative Changes Are Necessary to Implement this Proposal
With a conceptual project like this in mind Eversource is seeking legislative approval
for constructing more solar with storage in partnership with municipalities in our
service territory.
Present law restricts the amount of solar generation we can build, and we have
reached that limit. The Green Communities Act of 2008 permitted each electric
1 Note that on the included diagram, the switches are shown as a circle with an S. NC refers to a normally closed switch on a
circuit and NO refers to a normally open switch that ties the two circuits together.
V'EJR.S
E, ,A.g."`URCE
247 Station Drive
ENERGY Westwood,MA 02090
distribution companies to own and operate 35 megawatts of solar pursuant. We are
seeking legislation that would allow us to submit a plan to the Massachusetts
Department of Public Utilities to build a solar/storage resiliency project with the
support of a municipality, which is consistent with the Commonwealth's energy policy,
contributes to the climate change resiliency of the host municipality, or mitigates peak
energy demand.
House Speaker DeLeo has introduced the comprehensive GreenWorks Bill to provide
state bonding dollars for such resiliency projects. Our proposed addition to this
legislation would allow would allow municipalities to help address resiliency and peak
energy demand by choosing to support a utility solar/storage microgrid project in their
city or town with limited or no state funding provided to cities and towns through the
GreenWorks legislation.2 This language is consistent with the Commonwealth's goal
to promote usage of renewable energy and energy storage across the state.
We look forward to exploring ways Eversource can work in partnership with the Town
to address climate change and pandemic and/or storm emergency response by
enhancing our distribution infrastructure through the addition of solar and storage.
We also would value any assistance the Town can provide to help us obtain the
necessary legislative approval to develop these essential microgrids.
Submitted by:
Roger Kranenburg, Vice President, Energy Strategy and Planning
(roger.kranenburg@eversource.com)
Paul R Renaud, Vice President Distribution Engineering
(poul.renaud@eversource.com)
Mark W Kimball, Project Director, Solar
(mark.kimball@eversource.com)
Mark Reed, Director, Government Relations
(mark.reed@eversource.com)
Z Note to obtain regulatory approval to proceed with a proposal it may be necessary to place restrictions on either the cost benefit
ratio of a proposed project and/or the total amount that can be invested within a single community. This would prevent a single
community from receiving an outsized investment relative to the benefits of the project.
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
2020 Annual Town Meeting
PRESENTER:TER• ITEM
S
NUMBER.
Board Discussion
I.3
SUMMARY:
The Select Board, Town Moderator and Town Counsel discussed at the last meeting with staff moving
forward with planning for a virtual Town Meeting and planning needs to be moved forward. We are putting
together presentations for those items that require presentations so that these can be posted online and on
LexMedia prior to the virtual Town Meeting so that they don't need to be repeated during the virtual Town
Meeting to facilitate the meeting and voting.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/6/2020 7:55pm
ATTACHMENTS:
Description Type
F) 2020A'T Proj,)ose(J .-I.)nsent Agenda combined liege Clover,Memo
F) , 0 A. n.ual'.1..own. eefin.g Positions ons,,,,,(as o170 S S020) FI kic ku ICE terial
y Town of Lexington
yv Town Manager's Office
James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
MEMORANDUM
TO: Select Board
FROM: Jim Malloy, Town Manager
DATE: April 6, 2020
RE: Consent Agenda
At the last Select Board meeting, the Board had asked for a recommendation on Articles 17 & 19. I
met with Carolyn Kosnoff, Assistant Town Manager for Finance today to review these articles and
have the following recommendation:
Article 17—This is the Other Post-Employment Benefits (OPEB) Article. This article seeks to
appropriate $1,935,486 into the OPEB Fund. Of this, I am recommending that the $750,000 that is
proposed to come from the Health Claims Trust Fund which cannot be used for any other purpose (this
is the $750,000 that is indicated as being raised by the tax levy, but actually comes from the Trust
Fund, is transferred to the General Fund and then an equivalent amount is deposited into the OPEB
Trust Fund. The remaining $1,185,486 which is transferred from the General Fund Free Cash and
Water and Wastewater receipts may be deferred until the Fall Town Meeting when we have a clearer
indication of the impact on the FY21 budget that the COVID-19 state of emergency may have on the
FY21 budget.
Article 19—This is the transfer in/out of specified stabilization funds. There are 4 subparts of this
article as discussed below (with recommendations):
(a) This subpart of this Article seeks to transfer $1,773,062 into the Capital Stabilization Fund to
offset future debt service costs. Of this amount $164,987 was to be appropriated from the tax
levy and $1,608,075 was to be appropriated from General Fund Free Cash. This may be
deferred until the Fall Town Meeting to provide greater flexibility at the Fall Town Meeting
once we're able to determine the impact of COVID-19 state of emergency may have on the
FY21 budget. Long term deferral will limit the Town's ability to level out and manage known
future debt service.
(b) This subpart of this Article seeks to transfer $3,500,000 out of the Capital Stabilization Fund to
offset current debt service that is for projects excluded from Proposition 21/2. While this
amount can legally be deferred until the Fall Town Meeting, the budget and the tax rate impact
has been built on this being used to reduce the impact of the FY21 debt service costs. I am
recommending moving forward with this sub-part of this Article at the Annual Town Meeting.
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
(c)(d) These two subparts of this Article are linked together. (c) Seeks to appropriate to the
Affordable Housing Capital Stabilization Fund$111,922 from the Brookhaven annual
payment. (d) Seeks to then appropriate $111,000 to LexHab for capital improvement projects
at their properties. As these projects are planned, Lexhab's ability to upgrade these properties
are contingent on this funding and that these funds can be used only for affordable housing
projects, I am recommending moving forward with this Article for the Annual Town Meeting.
Taken in combination, these recommendations will provide some additional flexibility by reserving
$2,793,561 in General Fund Free Cash and$164,987 in the tax levy when considering the impact of
the COVID-19 state of emergency when we have a better idea of the full impact as we approach the
Fall Town Meeting.
The other item the Board had asked for a recommendation is on Article 16(a)—the Police
Outdoor/Indoor Firing Range. We did reach out to the Criminal Justice Training Council on the grant
and have not heard back. This subpart of Article 16 seeks to appropriate $125,000 from free cash to
continue the design and develop a cost estimate. I am recommending that despite not hearing on the
grant that we move forward with continuing the design for this project.
Should you have any questions please let me know. Thanks.
2020 Annual Town Meeting
Potential Consent Agenda Articles
Select Board
1. Article 2- Reports
2. Article 3-Cary Lecture Series
3. Article 4-Appropriate FY 2021 Operating Budget
4. Article 5-Appropriate FY 2021 Enterprise Funds Budget
5. Article 6 Establish Qualifications for Tax Deferrals
6. Article 7- Petition General Court to Amend Legislation Regarding Tax Deferrals
7. Article 9- Establish/Continue Departmental Revolving Funds
8. Article 10- Appropriate for Community Preservation Committee (Articles 10a-101 and 10n-10o
only)
9. Article 11-Appropriate for Recreational Capital
10. Article 12-Appropriate for Municipal Capital and Equipment Program
11. Article 13-Appropriate for Water System Improvements
12. Article 14-Appropriate for Wastewater System Improvements
13. Article 15-Appropriate for School Capital and Equipment
14. Article 16b-Center Recreation Complex Bathrooms& Maintenance Bldg Renovation
15. Article 16c- Public Facilities Master Plan
16. Article 16d-LHS Science Classroom Space Mining
17. Article 16e-Townwide Roofing Program
18. Article 16f-School Building Envelopes and Systems
19. Article 16g- Municipal Building Envelopes and Systems
20. Article 16h- Facility and Site improvements-Building Flooring program and School Paving
Program
21. Article 16i- Public Facilities Bid Documents
22. Article 16j- Public Facilities Mechanical/Electrical System Replacements
23. Article 17-Appropriate to Post Employment Insurance Liability Fund * (need feedback
Jim/Carolyn)
24. Article 18-Rescind Prior Borrowing Authorizations- IP
25. Article 19- Establish, Dissolve, and Appropriate To/From Stabilization Fund *(can this be held
back until fall?)
26. Article 20-Appropriate from Debt Service Stabilization Fund
27. Article 21-Appropriate for Prior Years Unpaid bills- IP
28. Article 22-Amend FY 20 Operating, Enterprise, CPA budgets*
29. Article 23-Appropriate for Authorized Capital Improvements
30. Article 26-Amend Historic Districts Commission Enabling Legislation
31. Article 27-Amend General Bylaws- Noise Construction
32. Article 30- Land exchange (Citizen)
33. Article 31- Historic Preservation demo delay(Citizen)- IP
34. Article 32 Extend Hancock-Clark Historic District (Citizen)- IP
35. Article 46-Amend zoning- Reduce GFA(Citizen)- IP
4/1/2020 1
2020 Annual Town Meeting
Potential Consent Agenda Articles
Motion will state refer back to Planning Board
1. Article 35-Amend Zoning Bylaw- Distances from basement, slab or crawl space and
groundwater
2. Article 36-Amend Zoning Bylaw-Short term rentals
3. Article 37-Amend Zoning Bylaw-Site plan review
4. Article 38-Amend Zoning Bylaw- Financial services
5. Article 39-Amend Zoning Bylaw-Solar energy systems
6. Article 40-Amend Zoning Bylaw-Wireless Communications Facilities
7. Article 41-Amend Zoning Bylaw-Technical Corrections
8. Article 43-Amend Zoning Bylaw and Map- Hartwell Ave Area
9. Article 44-Amend Zoning Bylaw and Map- Bedford St near Hartwell Ave
10. Article 45-Amend Zoning Bylaw-Front year,transition, and screening areas
4/1/2020 2
2020 Annual Town Meeting
Motion will state refer back to Select Board
1. Article 8-Short term rental fee
2. Article 24- Reduce Legal expenses (citizen)
3. Article 28-Amend general bylaws- (citizen)
4. Article 29-Declare climate emergence (citizen)
5. Article 33-Amend general bylaws-Running bamboo (citizen)
6. Article 34-Amend special legislation surcharge- (citizen)
4/1/2020 3
2020 Annual Town Meeting
Articles that are time sensitive
1. Article 10m- LexHab-116 Vine St Design funds
2. Article 16a- Police indoor/outdoor firing range* (can this wait?)
3. Article 16k-Westview Cemetery building construction
4. Article 25- Purchase of land (parking spaces)
5. Article 42- 1050 Waltham st(developer)
4/1/2020 4
Select Board Article Positions (as of 3/30/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles DL JP SB JH MS
Article 2 - Reports C C C C C
Article 3- Cary Lecture Series C C C C C
Article 4-Appropriate FY 2021 Operating Budget C C C C C
Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C
Article 6- Establish Qualifications for Tax Deferrals C C C C C
Article 7 - Petition General Court to Amend Legislation Regarding C C C C C
Tax Deferrals
Article 9 - Establish/Continue Departmental Revolving Funds C C C C C
Article 10- Appropriate for Community Preservation Committee
(Articles 10a thru 101 and 10n thru 10o only)
Article 11 -Appropriate for Recreational Capital C C C C C
Article 12 -Appropriate for Municipal Capital and Equipment Program C C C C C
Article 13 -Appropriate for Water System Improvements C C C C C
Article 14-Appropriate for Wastewater System Improvements C C C C C
Article 15 -Appropriate for School Capital and Equipment C C C C C
Article 16b-Center Recreation Complex Bathrooms& Maintenance C C C C C
Bldg Renovation
Article 16c- Public Facilities Master Plan C C C C C
Article 16d - LHS Science Classroom Space Mining C C C C C
Article 16e -Townwide Roofing Program C C C C C
Article 16f-School Building Envelopes and Systems C C C C C
Article 16g- Municipal Building Envelopes and Systems C C C C C
Article 16h- Facility and Site improvements-Building Flooring C C C C C
program and School Paving Program
Article 16i - Public Facilities Bid Documents C C C C C
Article 16j - Public Facilities Mechanical/Electrical System C C C C C
Replacements
Article 17 -Appropriate to Post Employment Insurance Liability Fund R
* (need feedback Jim/Carolyn)
Article 18-Rescind Prior Borrowing Authorizations- IP IP, C IP,C IP, C IP, C IP,C
Article 19- Establish, Dissolve, and Appropriate To/From Stabilization
Fund *(can this be held back until fall?)
Article 20-Appropriate from Debt Service Stabilization Fund C C C C C
Article 21 -Appropriate for Prior Years Unpaid bills- IP IP, C IP,C IP, C IP, C IP,C
Article 22-Amend FY 20 Operating, Enterprise, CPA budgets*
Article 23 -Appropriate for Authorized Capital Improvements C C C C C
Article 26-Amend Historic Districts Commission Enabling Legislation C C C C C
Article 27 -Amend General Bylaws- Noise Construction C C C C C
Article 30- Land exchange (Citizen) C C C C C
Article 31 - Historic Preservation demo delay (Citizen)- IP IP,C IP,C IP, C IP, C IP,C
Article 32 - Extend Hancock-Clark Historic District (Citizen)- IP IP, C IP,C IP, C IP, C IP,C
Article 46- Amend zoning- Reduce GFA (Citizen)- IP IP, C IP,C IP, C IP, C IP,C
*2020 ATM,originally scheduled for 3/26/20,being postponed to a later date due to State of Emergency/Coronavirus
Select Board Article Positions (as of 3/30/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles - Motion will state DL JP SB JH MS
refer back to Planning Board
Article 35 -Amend Zoning Bylaw- Distances from basement, RB RB RB RB RB
slab or crawl space and groundwater
Article 36-Amend Zoning Bylaw-Short term rentals RB RB RB RB RB
Article 37 -Amend Zoning Bylaw-Site plan review RB RB RB RB RB
Article 38-Amend Zoning Bylaw- Financial services RB RB RB RB RB
Article 39 -Amend Zoning Bylaw-Solar energy systems RB RB RB RB RB
Article 40-Amend Zoning Bylaw-Wireless Communications RB RB RB RB RB
Facilities
Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB
Article 43 -Amend Zoning Bylaw and Map- Hartwell Ave Area RB RB RB RB RB
Article 44-Amend Zoning Bylaw and Map- Bedford St near RB RB RB RB RB
Hartwell Ave
Article 45 -Amend Zoning Bylaw-Front year,transition, and RB RB RB RB RB
screening areas
Motion will state refer back to Select Board DL JP SB JH MS
Article 8-Short term rental fee RB RB RB RB RB
Article 24- Reduce Legal expenses (citizen) RB RB RB RB RB
Article 28-Amend general bylaws- (citizen) RB RB RB RB RB
Article 29 - Declare climate emergence (citizen) RB RB RB RB RB
Article 33 -Amend general bylaws-Running bamboo (citizen) RB RB RB RB RB
Article 34-Amend special legislation surcharge- (citizen) RB RB RB RB RB
Articles that are time sensitive DL JP SB JH MS
Article 10m - LexHab-116 Vine St Design funds
Article 16a - Police indoor/outdoor firing range* (can this wait?)
Article 16k-Westview Cemetery building construction Y Y Y Y Y
Article 25 - Purchase of land (parking spaces) W W W W W
Article 42 - 1050 Waltham st (developer) Y Y Y Y Y
Legend:
C — In favor of article being on consent
RB—In favor to refer article back
Y—In favor of article
W—Wait for more information
R—Recused
*2020 ATM,originally scheduled for 3/26/20,being postponed to a later date due to State of Emergency/Coronavirus
SELECT BOARD
TOWN OF LEXINGTON
4
21
REPORT TO THE
2020 ANNUAL TOWN MEETING
March 2020
Select Board:
Douglas M.Lucente,Chair,Jill I.Hai,Vice-Chair,
Joseph N.Pato,Suzanne E.Barry,Mark D.Sandeen
Kim Katzenback,Executive Clerk
Table of Contents
Message from the Select Board Page 1
Select Board Goals January 2020-December 2021 Page 2
Article 42 ATM 2018-Special Permit Residential Development(SPRD)
Referral to the Select Board Page 3
Hartwell Avenue Zoning Initiative Page 4
Fiscal Guideline Recommendations Page 5
Affordability for the Residents Page 6
Progress towards Sustainable Action Plan Page 7
Semiquincentennial Celebration of the Battle of Lexington Page 8
Center s
C
Municipal&School Building Projects Page 9
Deleted:¶
Message from the Select Board March 2020
The Select Board has prepared this written report to Annual Town Meeting 2020 under Article 2. This
report contains an update to Town Meeting on the status of several topics the Board felt would be of
interest to Town Meeting Members.These topics include: Select Board Goals for January 2020-December
2021,an update on Article 42-Special Permit Residential Development zoning that was referred back to
the Board at Annual Town Meeting 2018,the current status of the Hartwell Avenue Zoning Initiative,the
current status of addressing Affordability for the Residents,an overview of the Fiscal Policies addressed
this past year, the current status of Municipal and School Building Projects, the upcoming
Semiquincentennial Celebration of the Battle of Lexington, and the progress toward Lexington s
Sustainable Action Plan.
Should you have any questions or comments regarding this report,the Board encourages you to get in
touch with any member of the Board via email: SelectBoard@lexin tog nma. o2vv or by calling the Select
Board Office (781-698-4580) to schedule an in-person meeting. All five members of the Board hold
regularly scheduled office hours in the Select Board Office at Town Office Building (unless otherwise
noted)as follows:
• Doug Lucente,Chair:
Friday 9:00-10:00 am dlucente@lexin tog nma.gov
• Jill Hai,Vice-Chair:
Wednesday 2:00-3:00 pm jhai@lexin tog nma.gov
• Joe Pato:
Wednesday 10:00-11:00 am&Wednesday 2:00-3:00 pm at the Community Center
jpato@lexin tog nma. og_v
• Suzie Barry:
Thursday 4:00-5:00 pm sbarry@lexin tog nma. oovv
• Mark Sandeen:
Tuesday 3:00-4:00 pm msandeen@lexingtonma.gov
Respectfully submitted,
Lexington Select Board
Douglas M.Lucente,Chair
Jill I.Hai, Vice-Chair
Joseph N.Pato
Suzanne E.Barry
Mark D.Sandeen
1
Select Board Goals January 2020-December 2021
Each year following the Annual Town Meeting, the Select Board meets to discuss their goals for the
upcoming year and to establish and confirm the guiding principles as a means of informing staff and to
help guide the annual budget process. This past year the goal setting process was facilitated by a
professional strategic planning consultant, utilizing a two phase approach. During the first phase,
information gathering,facilitated meetings were held with individual Board members,Management Staff,
and leadership of the various Boards and Committees to gather input on the Towri s priorities,strengths,
weaknesses,opportunities,and challenges.As leaders of the Lexington community,participants had an
opportunity to answer the question: "What should the goals be for the Town of Lexington?" The
information gathered from these sessions were compiled into a report by the consultant and provided to
the Select Board for consideration.The second phase was an offsite goal setting retreat,during which the
Board held an open and constructive dialogue where we shared and generated new ideas which drove the
development of our "Strategic Objectives". The Board received a final report of our goals and
recommendations.
The Board identified two Top Priorities:
1)Thriving Local Economy.This will be accomplished by creating a more predictable framework
for the permitting processes,including a redesign of the business resource guide,creating a one-stop shop
for all pre-permitting review through the Design Review Team, and training for all
Development/Permitting Boards. Further, the Board seeks to engage in community conversations to
further define what attractive and vibrant would look like for Lexington,and to work with businesses and
property owners of all sizes to develop creative and integrated solutions.
2) Livability for All Ages and Stages. This will be accomplished through the development of
effective transportation solutions including identifying opportunities for regionalization,first/last mile
service,and improved bike lanes.Further,the Board will review residential zoning for ways to create new
housing opportunities and protect the diversity of our existing housing stock.
The Board identified four High Priorities:
1) Quality Infrastructure, Amenities, and Municipal Services. This goal seeks to ensure that
Committees are reflective of the residential makeup of the community.The Board will review the charges
for all Town committees, and will modify and update as appropriate to reflect Board priorities while
seeking to create expanded opportunities for resident participation.
2) Community Character. This goal seeks to create and communicate a plan for broadening
diversity,equity and inclusion for Town staff,as well as our committees.
3)Town-wide Fiscal Stewardship.This goal seeks to limit the rate of property tax increases,review
home rule petition opportunities to address the issue of tax deferrals,and to take action on development
of a means-tested and/or age-based residential exemption.
4)Develop a Capital Master Plan.This goal seeks to encompass all capital items(infrastructure,
buildings,etc.)and incorporates them with the School's Master Plan.
Lastly,the Board identified three Other Priorities:
1)Implement the sustainable action plan and getting to net zero emissions plan.
2)Prepare for the Semiquincentennial celebration of the Battle of Lexington(Lex250).
3)Two-way communication tools between residents and town departments.
For further details on each of the Select Board Goals, please visit our website at:
htt s. ®lexingtoninamgovCselect® oar
2
Article 42 ATM 2018-Special Permit Residential Development(SPRD)
Referral to the Select Board
ATM 2018 referred Article 42, a citizen's article to revise the Special Permit Residential Development
(SPRD)Bylaw,back to the Select Board for further evaluation and work. The Board allocated funds in its
FY19 budget to cover the costs of a facilitator for the SPRD committee and a consultant to draft any bylaw
or regulation revisions. These funds were originally granted through the TIF agreement with Shire,which
provided contributions over 10 years,to be used at the Board's direction.
The committee charge approved by the Select Board,as well as meeting minutes and presentations are
available at: https://www.lexin tonma.gov/special-permit-residential-development-zoning_bylaw-
amendment-committee-ad-hoc
The appointed members of the Ad-Hoc SPRD Committee are:
• Jill Hai
• Richard Canale
• Scott Cooper
• Matt Daggett
• Heather Hartshorn
• Joyce Murphy
• Richard Perry
• Taylor Singh
• Betsey Weiss
The Committee held 14 meetings between December 2018 and October 2019.
These meetings were filmed by LexMedia and available for viewing OnDemand. The committee
examined the existing bylaw,projects produced since its inception,and reviewed the intent of the bylaw.
It also reviewed the Towns Housing Production Plan and its goals.Two public listening sessions were
held on April 23 and 25, 2019 as well as several sessions learning about existing and best practices in
Lexington and other communities. The committee also received presentations on inclusionary zoning and
affordable housing.Presenters to the Committee included:
Carol Kowalski,Asst.Town Manager,Development Victoria Buckley,Lexington Commission on Disabilit
Katy Lacy,Massachusetts Housing Partnership Jyotsna Kakullavarapu,Lexington Council on Aging
Gary Larsen,Landscape Architect Anthony Serio,Lexington Assistant Director Youth and
Family Services
John Farrington,Attorney Hemah Shah, Lexington Assistant Director Senior
Services
Richard Waitt,Engineer Melinda Walker, Lexington Housing Partnership
Board
David Jay,Landscape Architect Alex Dohan,Lexington Conservation Commission
Jim Kelley,Lexington Building Commissioner Bob Creech,Planning Board member,participating as a
resident
Sheila Page,Lexington Assistant Planning Director Charles Hornig,Planning Board member,participating
as a resident
The Committee created a comprehensive statement covering the goals it believes the Town can aspire to
achieve with the SPRD bylaw. This statement forms the basis of the work to be done by the zoning
consultant who has been engaged to revise or replace the existing SPRD bylaw in order to create the
3
necessary incentives to increase production of the housing stock Lexington desires. The statement reflects
an increased focus on sustainability and accessibility
The statement reads as follows:
Lexington seeks to encourage greater diversity of housing opportunities to meet the needs of a diverse population
with respect to income,ability,accessibility needs,number of persons in a household and stage of life.Lexington seeks
to fulfill this goal while preserving its cultural and historical values and promoting growth that is sustainable and
sensitive to the natural environment.
Lexington is mindful of supporting development that preserves historically or architecturally significant buildings
and landscape. The Town recognizes that not all of these values can be applied to all sites but is committed to
evaluating each site as an opportunity to contribute to serving and promoting these values Town wide
The zoning consultant the Town has engaged is Ted Brovitz of Brovitz Community Planning and Design.
Mr. Brovitz has been working with the Town on the Hartwell Ave re-zoning initiative and is therefore
already familiar with the Town,the zoning code,the Planning Department and Planning Board and the
general community dynamics.The committee will be meeting with the consultant at the end of March to
outline the next phase of the work,which will include community input as well as research and drafting.
It is expected whatever proposals the committee accepts will then be put to robust community outreach
with a goal of having proposals ready to be brought to a Fall Special Town Meeting 2020.
Hartwell Avenue Zoning Initiative
The Select Board continues to explore strategies with respect to economic development and zoning
initiatives in the north section of Hartwell Avenue.
In 2018 the Town hired an urban design team and a real estate analyst to help develop a conceptual vision
with planning strategies for the Hartwell North area. Members of the Select Board, Planning Board,
Economic Development Advisory Committee and the State Secretary of Housing and Economic
development met with area property owners on September 5, 2019 to discuss opportunities for
maximizing the development opportunities in this corridor.The results of these meetings as well as the
reports from the engagements reported above can been viewed on the Town's website
https://www.lexingtonma.gov/economic-development/pages/consultant-information
• Hartwell Zoning Initiative:Vision and Market Opportunities,March 8,2018
• 2018 Memorandum,Stantec Preliminary Transportation Impacts
• Hartwell Zoning Initiative:Urban Design&Market Context Presentation,December 18,2017
• Real Estate Analysis Scope of Work
• Architecture/Design Scope of Work
Following the receipt of these analyses,the Town hired Ted Brovitz of Brovitz Community Planning and
Design to work with staff and property owners to craft new zoning for Hartwell. Mr. Brovitz's
presentations to the Hartwell Ave property owners and stake holders on September 5,2019 and to the joint
Board of Selectmen,Planning Board and Economic Development Advisory Committee on October 24,2019
reflecting his proposals are also available at the above link.
Traffic issues in the Hartwell Avenue area are one of the key concerns cited by residents and business
owners. The state maintains a Transportation Improvement Program (TIP) list which contains all
transportation related infrastructure projects slated to receive state and federal funding.In order stay on
the TIP list,and potentially advance in the queue for TIP funding,a project must first have a 25%design,
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the cost of which is borne by the local municipality.For this reason the Town therefore requested 2019
Special Town Meeting approval of funding to develop the 25% design "for a major transportation
improvement project to include minor improvements on Wood Street,four travel lanes in most of the
project corridor, a sidewalk or multi-modal path and bike lanes on both sides of the roadways;raised
center medians;safe pedestrian accommodations and crossings;and reconstruction of major intersections:
Bedford Street and Hartwell Avenue intersection as well the intersection of the on and off ramps to I-95".
With continued growth at Hanscom Air Force Base and Lincoln Labs,the Town will pursue all available
options for financing any traffic improvements at both the State and Federal level with a goal of funding
construction through external resources. The Town is already working with our state and federal
delegation to this end.
Fiscal Guideline Recommendations
Financial summits were held with the Board of Selectmen, Capital Expenditures Committee,
Appropriation Committee and School Committee in May and October 2019 to review tax and budget
policies.These summits resulted in a set of draft financial guidelines setting forth overall principles and
goals for fiscal planning and management.These guidelines address both current activities and long-term
planning and are intended to be advisory in nature and serve as a point of reference for the Select Board,
Appropriation Committee, Capital Expenditures Committee and School Committee as well as
management staff.It is fully understood that Town Meeting retains the full right to appropriate funds and
incur debt at levels it deems appropriate,subject to statutory limits such as Proposition 21/2.
The principles outlined in these guidelines are designed to ensure the Town's sound financial condition
now and in the future.Sound Financial Condition may be defined as:
• Cash Solvency-the ability to pay bills in a timely fashion.
• Budgetary Solvency-the ability to balance the budget annually.
• Long-Term Solvency-the ability to pay future costs.
• Service Level Solvency-the ability to provide needed and desired services.
It is equally important that the Town maintain flexibility in its finances to ensure that the Town can react
and respond to changes in the economy and new service challenges without appreciable financial stress.
As much as possible,these guideline recommendations have been put into practice for the FY21 proposed
budget.
Guideline Recommendations
• Financial forecasting:Use a 5-year horizon so policy makers can determine priorities and assess
the community impact of decisions and to provide staff the ability to focus their priorities to fit into
a balanced budget.
• Free Cash:Phase in the elimination of free cash to supplement the operating revenues in a phased
manner-operating revenues should support operating expenditures and one-time sources such
as free cash should not be used for this purpose.
• Fiscal Reserves:The Government Finance Officers Association(GFOA)recommends a minimum
of 2 months(16.67%)of General Fund operating revenues as a reserve.The Town should strive to
maintain this as a minimum.When Free Cash and total Stabilization are accounted for,Lexington
exceeds the GFOA Best Practice recommendation.
• Capital Budgeting: In Lexington Capital Budgeting has two components. The first is
"programmatic capital"which includes those items that are budgeted every year on an ongoing
basis to replace and maintain existing capital.This should be budgeted with an inflationary index
based on the Boston Consumer Price Index (CPI). The second component consists of one-time
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capital items that need to be considered on a prioritized basis,sorted so that the highest priorities
requests are funded annually within the recommended amount of 1.0%to 1.5%of the General Fund
Operating Budget per year.
• Pension Funding:The current funding schedule projects that the retirement system will be fully
funded in FY24.It is recommended to continue the funding schedule,including any adjustments
to ensure the retirement system reaches full funding in FY24.
• Other Post-Employment Benefits (OPEB): In 2014 the Select Board adopted a policy under the
former standards to fund OPEB liabilities at between 35%and 100%of the"Normal Cost".In 2015
the Governmental Accounting Standards Board(GASB)adopted new standards(#74K)that
replaced standards#43 and#45 and"Normal Cost"has been replaced with"Service Cost".The
Town should continue funding at the previous level(35%-100%)of the service cost(as opposed
to the normal cost) and by adding$50,000 per year to continue moving toward 100% in order to
meet the long-term OPEB liabilities and to ensure the Town"s bond rating remains strong.Utilizing
the last actuarial study', the Town has set aside 8% of its total OPEB liability and the FY20
contribution was 42%of the service cost.
• Taxing to the levy limit:Lexington has had a practice of taxing to the full amount allowable under
the Proposition 21/2 levy limit.Knowing that there is a near-future large capital project for Lexington
High School,the recommended practice is to continue to tax to the levy limit and to increase the
amount being transferred into the Capital Stabilization Fund.It is recommended that this be part
of the Revenue Allocation Model and budgeted in a planned manner to grow the amount being
appropriated each year until the first year of debt service is due on the high school at which time
it is recommended the amount previously being appropriated to the Capital Stabilization Fund be
reduced to zero to offset the higher debt service level in the General Fund.
• Personal Property:Last year there was discussion regarding the impact of personal property new
growth,which gets amortized and spread out among the other classes of property (residential,
commercial and industrial)over a period of years and whether there was a method to address this
issue. Given the recommendation above related to taxing to the full amount allowable under
Proposition 21/2 and that the personal property new growth is included as part of the Proposition
21/2 calculation it is not recommended at this time to further address this issue.
• Within levy debt service:-The past practice has been to manage the growth of within levy debt
service to 5%over the previous year,which does not appear to be sustainable.It is recommended
that changes in practices that reduce the reliance on Free Cash for balancing the operating budget
and funding the OPEB liability will allow for greater use of Free Cash for smaller capital purchases
with shorter life spans that can be purchased as cash capital instead of issuing debt.GFOA's best
practices recommends a comprehensive debt management policy be adopted by the governing
body that includes statutory limits as well as local limits placed on debt.It is recommended that
during the next year a comprehensive policy be drafted based on the criteria recommended by
GFOA,other best practices and the needs of the Lexington community.
Affordability for the Residents
The Select Board has adopted a goal to limit the rate of property tax increase.To this end our aim is to:
1. Not have a Proposition 21/2 operating override.
2. Keep total average residential property tax increase spikes at or below 5%.
3. Provide tax relief programs to reduce the burden on seniors and other vulnerable populations.
1 The Town conducts an actuarial study every two years.The most recent study used for this report was conducted in January of 2018 and
reported on the June 30,2017 actuarial value of Lexington's Post Retirement Benefits Plan.The study reporting on the June 30,2019
actuarial value is in process.
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4. Better communicate with residents about town finances and taxes.
Status:
1. Operating Overrides
No operating budget override has been requested since June 2007 for FY2008.
2. Residential property tax spike
The average single-family residential property tax increase for FY2020 is 3.8%.
3. Tax relief programs
The Board created the Ad Hoc Residential Exemption Policy Study Committee in January 2018 with the
task of making policy recommendations related to adopting the Residential Exemption as allowed by state
law.The Board expanded the charge to include making recommendations on other approaches to provide
tax relief programs for residents.
In May 2019 the Ad Hoc committee presented its recommendations to the Board:
https://www.lexin tog nma.gov/sites/lexingtonma/files/pages/2019_residential_exemption_report_v1.
O.pdf
Of the eight recommendations proposed,The Board acted on the following three:
Recommendation#1:The Board agreed to not adopt the Massachusetts Residential Exemption.
Recommendation#3:The Board has requested that the Public Information Officer increase awareness of
existing tax deferral programs.Information has been circulated in tax mailings,on the Town web site,and
in communications with seniors.
Recommendation#4:Two Warrant Articles of the 2020 Annual Town Meeting(ATM) aim to make the
existing tax deferral program more accessible and appealing to residents. 2020 ATM Warrant article 6
proposes to increase eligibility thresholds for the Lexington Property Tax Deferral Program as
recommended.2020 ATM Warrant article 7 proposes to request a home-rule petition to provide a one-year
delay in the interest rate increase paid by the estate after the death of the tax deferral applicant.
The Board will continue to review the remaining recommendations for potential action.
4. Better Communications
The Town Manager and Finance Department will develop easy to understand informational pieces during
2020 and will work with the Public Information Officer to communicate to residents through Town
Meeting,a community conversation,online,mail and/or LexMedia.
Progress towards Sustainable Action Plan
The Select Board adopted Lexington's Sustainable Action Plan and Getting to Net Zero Emissions Plan in
August of 2018.The Sustainable Action Plan defines a framework for prioritizing the Town's sustainability
actions in ten sectors,Health,Safety, Buildings, Energy,Water,Transportation, Food,Toxics &Waste,
Environment,and Economy.
Lexington has made excellent progress on many of these sectors in the past year. In October 2019,the
Select Board and the School Committee both adopted the Integrated Design and Construction Policy to set
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high performance standards for health,indoor air quality,elimination of toxic materials,energy efficiency,
all-electric heating systems, all while maximizing the amount of onsite solar energy generation and
lowering total cost of ownership.
Lexington Children's Place and Hastings School will be among the first net zero school buildings in the
state, producing more solar energy onsite than they use over the course of the year. Lexington's Fire
Station, and Visitor Center have also been designed as high performance, all-electric buildings with
excellent indoor air quality. The Police Station is expected to be the first municipal building designed
under the newly adopted Integrated Design and Construction Policy.The Select Board and the School
Committee have approved the installation of solar canopies at 7 schools including Lexington Children's
Place and Hastings School, which will bring our solar generation up to 65% of the Town's electricity
consumption.It is expected that the solar canopy installations will be complete by the end of calendar year
2020.
The Town of Lexington's Community Choice aggregation program has provided 100% renewable
electricity to over 10,000 customers while lowering electricity bills over$3 million since the program's
inception in July 2017.The Town of Lexington has also switched to 100%renewable electricity.
Lexington is also expanding the number of electric vehicle charging spots in the center of town from 3
charging spots to 13 charging spots thanks to funding from Eversource to cover all the infrastructure costs
and a grant from the state to cover the cost of the electric vehicle charging stations. At the time this report
was written, there are 9 electric vehicle charging spots operating in the center, with the remaining 4
charging spots expected to be operating later this spring.
Lexington s fee based curbside composting pickup program is expanding rapidly, reducing both the
Town's emissions and the cost of trash pickup.Lexington's highly successful school composting programs
are expanding,with the Board of Health's support,to include running a food rescue pilot program at
Diamond Middle School.
In 2019 the Town developed a comprehensive Hazard Mitigation Plan based on extensive stakeholder
participation from town staff,town committees,and local community organizations,as part of the state's
Municipal Vulnerability Preparedness(MVP)program.MVP communities can qualify to receive up to$2
million in grants for projects that help communities adapt to vulnerabilities related to climate change.
Lexington also received a $135K Green Communities grant to weatherize Harrington, Bowman, and
Bridge schools and install LED lighting at Harrington and Fiske schools. These energy efficiency measures
are expected to save the Town over$40,000 a year in energy costs.
Lexington is in the process of hiring a Sustainability Director to guide the Town in its implementation of
the Sustainable Action Plan and the Getting to Net Zero Emissions Plan as a result of funding from the
2019 Special Town Meeting(STM)
2025:The 250th Anniversary of the Battle of Lexington
In anticipation of the 250th Anniversary of the Battle of Lexington in year 2025,the Select Board recently
established the Semiquincentennial Commission(Lex250)as the official Town entity dedicated to helping
the Town of Lexington plan events.The Commission was charged with making recommendations and
coordinating the Town-wide activities and other historical events related to the founding of our Country
and to further the coordination of the Town's events with local,state,regional and federal events.As part
of its study and investigation,the Commission shall develop a comprehensive plan for celebrating and
promoting the 250tth Anniversary of the Battle of Lexington which will include:Identifying funding needs;
8
Identifying potential sources of funding including but not limited to: Commemorative Memorabilia,
Public/Private Partnerships,Gifts and Grants (private,State and/or Federal);Identifying opportunities
for individuals or organizations to participate in celebrations with a commitment to diversity,
inclusiveness, and opportunity at all levels and activities; Investigating opportunities for a possible
permanent memorial, Consider transportation-related issues;Consider marketing and communications
strategy;Determine what sub-committees or additional staffing requirements (event planning) may be
necessary and seek proper approval from the Select Board and update the Select Board at least quarterly.
Recruitment for membership on the Commission is currently underway with a deadline of April 19,2020
for submitting an application which can be found along with more information on the Select Board web
page:www.lexin tog nma.gov/select-board. In addition,there will be ample opportunities for interested
residents and groups to volunteer as part of Lex250 events,be sure to watch the Town Website,Town E-
Newsletter"Link to Lexington'and local papers for updates.
Center Streetscape Update
Following the 2019 Annual Town Meeting staff pursued a MassWorksGrant.
successful 1 1 so the timetablerevised.
Staff continues eet with the Working Groupe Architect to finalize the %desigLi plans. The
design should be completed in the summer of 2020. Staff will provide an update to the Select Board at
that time. The project will be bid in t contractor had been selected staff
coordinate gs with the center si s s and developcommunications
project. The projectedproject start date is spring ft r r t®s Day. The projecti
approximately construction seasons to complete.
GreenThe Battle r SCape project will be broughtt %design over the nextyears with
construction eonce the main Streetscaper j c is complete. The goal is to have all of the
Streetscape completedy fall 2024 in anticipatione 2025 Town Celebration.
Deleted:¶
Municipal &School Buildings
Lexington Fire Department Headquarters Replacement:
Construction Start Date:November 2018
Estimated Project Completion Date: End of April 2020
Project Budget:$19,943,700
Funding:STM 12017-Article 2/STM 4 2017-Article 4/ATM 2018-Article 13
The Fire Department Headquarters building construction is scheduled to be completed by the end of April
2020. Interior wall board is being installed as construction activity transitions into the start of finish work.
Painting,ceiling and light installs,millwork and flooring work will begin and will be followed by system
&equipment start-ups and systems programming. The start of exterior work such as paving,sidewalks,
and landscaping will depend to some degree on how early spring ushers in. Once all punch list and
commissioning work is completed the Fire Department will schedule their move into the new Fire
Department Headquarters at 45 Bedford Street.
Visitors Center:
Start Date: May 2019
Estimated Project Completion Date:April 2020
(Landscaping to be completed June 2020)
Project Budget: $5,100,000
9
Funding: ATM 2017-Article 18/STM 2017 3-Article 8/ATM 2018-Article 22
The temporary Visitors Center was opened in the Cary Memorial Building in May of 2019. Demolition of
the old Visitors Center took place shortly thereafter. The new Visitors Center construction began in June
of 2019. The building construction has progressed steadily throughout the fall and winter with the interior
finishes expected to be completed soon. The building is expected to be turned over to the Town and will
be open to the public in April of 2020. The plantings and site work is expected to be completed in early
June 2020.
Westview Cemetery Administration Building_
Start Date: Design Development is complete and the Construction documents have started
Estimated Project Completion Date:Spring 2022
Project Budget: $281,000 for design and$3,290,000 for construction
Funding:ATM 2017-Article 12o(design)
The funding request for the Construction of the new Westview Cemetery Administration Building will
come to ATM 2020 under Article 16k.The project is currently in the construction document phase and the
design team expects to be ready for the building to go out to bid for a spring 2021 construction timeframe.
The Request for Proposal(RFP)for the construction project will be advertised in early January of 2021 with
the expectation that the construction company mobilizes shortly after winter is over. The project is
expected to be completed by early 2022 if approved at the 2020 ATM.
Lexington Police Station
Start Date:Schematic Design is underway
Estimated Project Completion Date:tbd
Project Budget:Currently$1,862,622 has been appropriated thru Construction Documents
Funding:ATM 2018-Article 14
Conceptual design work continues with the New Police Station project.On March 9,2020,the Select
decisionBoard reaffirmed their ss s s
Avenue.At this time it is anticipated this will come to a Fall 2020 STM for construction funding that
would then be followed with a Town-Wide Debt Exclusion vote.
Hosmer House:
Appropriation:$50,000
Funding:STM12018-Article 5
Article 5 of the 2018 Special Town Meeting appropriated $50,000 for the study regarding relocation or
renovation of the Hammond A. Hosmer house, located at 1557 Massachusetts Ave. A committee was
formed with representatives of the Board of Selectmen, Permanent Building Committee, Historical
Commission,Historic Districts Commission,Public Facilities Department and the Architectural firm LDa.
This group held a public input session on May 7,2019 along with several meetings to evaluate the data
gathered.A report from the architectural firm LDa was completed and presented to the Board of Selectmen
on July 8, 2019 which outlined the feedback received and proposed recommendations on the best use
moving forward of both the Hosmer House and the surrounding greenspace. At the Board of Selectmen
meeting on July 8,2019,the Board felt strongly that the Hosmer House be returned to its intended use as
a home and were in support of moving the Hosmer House to a different yet to be determined location.
The Board is currently working with the Town Manager on a draft request for proposals (RFP) for the
house to be moved and/or acquired.
10
Pine Meadows Club House
Construction Start Date: Design Development is anticipated to begin in summer 2020,pending funding
approval at ATM 2020.
Estimated Project Completion Date: Design Development is tentatively scheduled to take place from
summer 2020-Winter 2021
Project Budget: $100,000(design&engineering)and$950,000(construction-tentative)
Funding: ATM 2020-Article 11(design&engineering)
Funding for the renovation of the clubhouse will come to ATM 2021.
Old Reservoir Bath House
Construction Start Date: June 2020
Estimated Project Completion Date: September 2020
Project Budget: $75,000(design&engineering)and$620,000(construction)
Funding: ATM 2018-Article 10i(design&engineering)and ATM 2019-Article 14g
(Construction)
Design Development is nearing completion and construction is tentatively scheduled to take place from
June-September 2020 for anticipated public use in the 2021 season.
Center Fields Bathrooms
Construction Start Date: Design Development is anticipated to begin in summer 2020,pending funding
approval at ATM 2020.
Estimated Project Completion Date: Design Development is tentatively scheduled to take place from
Summer 2020-Winter 2021
Project Budget: $100,000(design&engineering)and$750,000(construction-tentative)
Funding:ATM 2020-Article 16b(design&engineering)
Funding for the renovation of the building will come to ATM 2021.
Maria Hastings Elementary School:
Construction Start Date:May 2018
Estimated Project Completion Date:October 2020(Student relocation to new school-February 2020)
Project Budget:$65,279,418
Funding:STM 12016-Article 3/ATM 2017-Article 17/STM-3 2017-Article 2
Work has continued steadily on the building and during February 2020 school vacation week staff and
student belongings were successfully moved to the new school building as it is prepared for its first day
of school on February 24,2020. Along with the new school building a new playground will be available
for student use,weather permitting. The new school is an all-electric design and includes a geo-thermal
heating system. The demolition and recycling of materials of the former Hastings School building has
begun and once completed construction will then continue on the new parking lot, access drive and
playing fields that will occupy the remainder of the school property. It is anticipated the work will be
complete in October of 2020.
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The Scope and Budget agreement with the MSBA defines approx.$16,500,000 in reimbursement from the
MSBA to Lexington on this project. Additional energy incentives with the utility companies are also being
pursued.
Lexington Children's Place:
Construction Start Date:May 2018
New Building Complete:October 2019(Building Occupancy 8/15/19)
Project Budget:$15,079,342
Funding:STM 12017-Article 4/STM 2 2017-Article 3/ATM 2018-Article 12
Construction started on the new building in September of 2018 and the project was substantially complete
and ready for students on the first day of school in late August of 2019. Punch list and commissioning
work has continued over the winter and remaining landscaping and paving work that could not be
competed in the fall will be completed in the spring of 2020.
Lexington High School
The Superintendent,with support of the School Committee and Board of Selectmen,submitted a Statement
of Interest to the Massachusetts School Building Authority(MSBA) on March 17,2019,requesting state
support for a high school building project.The MSBA has eight possible priorities for requesting support
and Lexington's 51 page application qualified for six of them. These included the following (1)
Replacement or renovation of a building which is structurally unsound or otherwise in a condition
seriously jeopardizing the health and safety of school children,where no alternative exists.(2)Elimination
of existing severe overcrowding. (3) Prevention of the loss of accreditation. (4) Prevention of severe
overcrowding expected to result from increased enrollments. (5) Replacement, renovation or
modernization of school facility systems,such as roofs,windows,boilers,heating and ventilation systems,
to increase energy conservation and decrease energy related costs in a school facility. (7)Replacement of
or addition to obsolete buildings in order to provide for a full range of programs consistent with state and
approved.
The response from the MSBA in December of 2019 was that while Lexington's case for a new high school
was compelling,but that r l did not invite us into the process this year. Recognizing the needs
and challenges Lexington is facing, e MSBA strongly encouraged the Town to reapply in 2020. Deleted:T
If Lexington were to be invited into the school building pipeline,a one-year feasibility period would begin,
during which time issues of scope,siting,and cost would be explored in partnership with the MSBA.If
Lexington is not invited into the pipeline in 2020,we will likely reapply in 2021 and every year thereafter
until our application is accepted.In the meantime,the School Department is completing a School Master
Plan which will include a phased plan to accommodate students at Lexington High School(LHS)until a
new or renovated building is available.
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TOWN OF LEXINGTON WARRANT
2020 ANNUAL TOWN MEETING
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables or Town Clerk of the Town of Lexington, in said County, Greetings:
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of
Lexington qualified to vote in elections and in Town affairs to meet in their respective voting places in said Town.
PRECINCT ONE, SCHOOL ADMINISTRATION BUILDING; PRECINCT TWO, BOWMAN SCHOOL;
PRECINCT THREE, LEXINGTON COMMUNITY CENTER; PRECINCT FOUR, CARY MEMORIAL
BUILDING; PRECINCT FIVE, SCHOOL ADMINISTRATION BUILDING; PRECINCT SIX, CARY
MEMORIAL BUILDING; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, SAMUEL
HADLEY PUBLIC SERVICES BUILDING; PRECINCT NINE, KEILTY HALL, ST. BRIGID'S CHURCH,
On Tuesday,the third Day of March 2020
From 7:00 a.m. to 8:00 p.m.,then and there to act on the following articles:
ARTICLE 1 NOTICE OF ELECTION
Two Select Board Members for a term of three years;
One Moderator for a term of one year;
One School Committee member; for a term of three years.
Two Planning Board members; for a term of three years;
One Lexington Housing Authority member; for a term of five years.
Eight Town Meeting Members in Precinct One,the seven receiving the highest number of votes to serve
for terms of three years; the one receiving the next highest number of votes to fill an unexpired term ending in
March 2021;
Seven Town Meeting Members in Precinct Two,the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Three, the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Four,the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for terms
of three years;
Eight Town Meeting Members in Precinct Six, the seven receiving the highest number of votes to serve for terms of
three years; the one receiving the next highest number of votes to fill an unexpired term ending in March 2021;
4
Eight Town Meeting Members in Precinct Seven, the seven receiving the highest number of votes to serve for terms
of three years; the one receiving the next highest number of votes to fill an unexpired term ending in March 2022;
Seven Town Meeting Members in Precinct Eight, the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Nine,the seven receiving the highest number of votes to serve for terms
of three years.
You are also to notify the inhabitants aforesaid to meet at the Margery Milne Battin Hall in the Cary Memorial
Building, 1605 Massachusetts Avenue, in said Town,
On Monday,the twenty-third day of March 2020 at 7:30 p.m.,
at which time and place the following articles are to be acted upon and determined exclusively by the Town
Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum
provided for by Section eight of said Chapter, as amended.
ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN
BOARDS, OFFICERS AND COMMITTEES
To see if the Town will vote to approve the Deputy Moderator nominated by the Moderator; receive the reports of
any Board or Town Officer or of any Committee of the Town; or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town
Meeting session by boards, officers, or committees. In addition, the Town will consider the approval of the
nomination of a Deputy Moderator as authorized under Section 118-11 of the Code of the Town of Lexington.
ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES
To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary
Farnham and Susanna E. Cary; or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This is an annual article that provides for the appointment of citizens to the Cary Lecture Series by
the Moderator.
FINANCIAL ARTICLES
ARTICLE 4 APPROPRIATE FY2021 OPERATING BUDGET
To see if the Town will vote to make appropriations for expenditures by departments, officers, boards and
committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax
levy,by transfer from available funds,by transfer from enterprise funds, or by any combination of these methods; or
act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: See the most recent version of the FY2021 budget proposals posted at ht
lexingtonma.gov/budget.
DESCRIPTION: This article requests funds for the FY2021 (July 1, 2020 - June 30, 2021) operating budget. The
operating budget includes the school and municipal budgets. The operating budget includes requests for funds to
5
provide prospective salary increases for employees, including salaries to be negotiated through collective bargaining
negotiations. The budget also includes certain shared expenses.
ARTICLE 5 APPROPRIATE FY2021 ENTERPRISE FUNDS BUDGETS
To see if the Town will vote to appropriate a sum of money to fund the operations of the DPW Water and
Wastewater Divisions and the Department of Recreation and Community Programs; determine whether the money
shall be provided by the estimated income to be derived in FY2021 from the operations of the related enterprise, by
the tax levy, by transfer from available funds, including the retained earnings of the relevant enterprise fund, or by
any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED:
Enterprise Fund FY2019 FY2020 FY2021
Appropriated Requested Requested
a) Water
Personal Services $68402 $785,010 $804,234
Expenses $395,107 $508,875 $502,925
Debt Service $1,436,995 $1,277,412 $1,283,916
MWRA Assessment $7,12806 $7,413,364 $8,154,700
Total Water Enterprise Fund $99644,790 $99984,661 $10,7459775
b) Wastewater
Personal Services $208,773 $3551614 $366,568
Expenses $342,920 $432,950 $444,150
Debt Service $1,134,396 $1,278,322 $1,398,374
MWRA Assessment $715721486 $7,8511947 $037,142
Total Water Enterprise Fund $992589575 $99918,833 $10,8469234
c) Recreation and Community Programs
Personal Services $1,275,859 $114711683 $1,535,363
Expenses $1,2331393 $1,481,895 $1,480,045
Total Recreation and Community Programs
Enterprise Fund 1 $29509,252 1 $2,953,578 $3,015,408
DESCRIPTION: Under Massachusetts General Laws Chapter 44, Section 53F1/2, towns may establish Enterprise
Funds for a utility, health care, recreation or transportation operation, with the operation to receive related revenue
and receipts and pay expenses of such operation. This article provides for the appropriation to and expenditure from
three enterprise funds previously established by the Town. The Recreation and Community Programs Fund
includes the operations and programs for the Community Center.
ARTICLE 6 ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS
To see if the Town will vote to increase the current eligibility limits for property tax deferrals under Massachusetts
General Laws Chapter 59, Section 5, Clause 41 A as authorized by Chapter 190 of the Acts of 2008; or act in any
other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: Chapter 190 of the Acts of 2008 allows Town Meeting, with the approval of the Select Board, to
make adjustments to the current deferral eligibility limits.
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ARTICLE 7 PETITION GENERAL COURT TO AMEND LEGISLATION
REGARDING TAX DEFERRALS
To see if the Town will vote to authorize the Select Board to petition the Massachusetts General Court to enact
legislation regarding real property tax deferrals in the Town of Lexington in substantially the form below, and
further to authorize the Select Board to approve amendments to said act before its enactment by the General Court
that are within the scope of the general objectives of the petition; or act in any other manner in relation thereto.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 1. Section 2 of Chapter 190 of the Acts of 2008, is hereby renumbered to be Section 3.
SECTION 2.A new Section 2 of Chapter 190 of the Acts of 2008, is hereby added as follows:
"Section 2. The imposition of interest required pursuant to section 62 of chapter 60 shall be delayed by one year in
the case of a person whose taxes have been deferred pursuant to clause 4 1 A of section 5 of chapter 59."
SECTION 3. This act shall take effect upon its passage.
(Inserted by the Select Board)
DESCRIPTION: The senior property tax deferral program,known as Clause 41 A, allows people 65 or over to defer
their property taxes until their home is sold or conveyed, or until the death of the applicant. During the time
property taxes are deferred, the interest rate charged on the deferral is a low rate tied to a government index that
generally runs three percent below the Prime Rate, however upon the death of the applicant the rate increases to 16
percent per annum. This article would delay the interest rate increase of an estate with tax deferral for a year after
the death of the applicant.
ARTICLE 8 SHORT TERM RENTAL IMPACT FEE
To see if the Town will vote to accept Massachusetts General Laws Chapter 64G, Sections 3A& 3D, Local Option
Community Impact Fee of 3%on short term rental properties; or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: The article authorizes the Town to adopt a"community impact fee" of up to % o
"professionally managed"units. These units are defined as accommodations where an operator runs more than one
short-term rental in the same municipality with at least one ofthose units not located in a single-,two-, or three-
family dwelling that includes the operator's primary residence.
ARTICLE 9 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS
To see if the Town will vote, pursuant to the Massachusetts General Laws Chapter 44, Section 53E1/2 and Chapter
110 of the Code of the Town of Lexington, to continue existing revolving funds; to amend said Chapter 110 to
establish new revolving funds; to determine whether the maximum amounts that may be expended from such new
and existing revolving fund accounts in FY2021 shall be the following amounts or any other amounts; or act in any
other manner in relation thereto.
(Inserted by the Select Board)
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FUNDS REQUESTED:
Program or Purpose for Revolving Funds FY2021 Authorization
School Bus Transportation $1115000
Building Rental Revolving Fund $5 6,000
DPW Burial Containers $5000
Lexington Tree Fund $4500
DPW Compost Operations $79000
Minuteman Household Hazardous Waste Program $25000
Regional Cache -Hartwell Avenue $2000
Senior Services Program $7500
Health Programs $4500
Tourism/Liberty Ride $20000
Visitors Center $20500
Residential Engineering Review $5700
Lab Animal Permits TBD
DESCRIPTION: The amount that may be spent from a revolving fund established under Massachusetts General
Laws Chapter 44, Section 53E1/2 must be approved annually by Town Meeting. The Funds are credited with the
receipts received in connection with the programs supported by such funds, and expenditures may be made from the
revolving fund without further appropriation.
ARTICLE 10 APPROPRIATE THE FY2021 COMMUNITY PRESERVATION COMMITTEE
OPERATING BUDGET AND CPA PROJECTS
To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY2021
Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee,
to appropriate from the Community Preservation Fund, or to reserve amounts in the Community Preservation Fund
for future appropriations; for the debt service on previously authorized financing; for the administrative expenses of
the Community Preservation Committee for FY2021; for the acquisition, creation and preservation of open space;
for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation,
preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation
and support of community housing; and for the rehabilitation or restoration of open space and community housing
that is acquired or created with moneys from the Community Preservation Fund; to appropriate funds for such
projects and determine whether the money shall be provided by the tax levy, or from estimated Community
Preservation Act surcharges and the state match for the upcoming fiscal year, by transfer from available funds,
including enterprise funds, by borrowing, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Select Board at the request of the Community Preservation Committee)
FUNDS REQUESTED:
a)Archives &Records Management/Records Conservation&Preservation- $20,000
b) Restoration of Margaret Lady of Lexington Painting- $9,000
c) Battle Green Master Plan-Phase 3- $317,044
d) Conservation Land Acquisition-TBD
e) Daisy Wilson Meadow Preservation- $22,425
f)Wright Farm Site Access Planning and Design- $69,000
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g)Athletic Facility Lighting- $450,000
h)Park Improvements-Hard Court Resurfacing-Valley Tennis Courts- $100,000
i)Park and Playground Improvements- Sutherland Park- $95,000
j)Park Improvements-Athletic Fields-Harrington, Bowman, and Franklin Field- $370,000
k)Parker Meadow Accessible Trail Construction- $551,026
1)Lexington Housing Authority- Greeley Village Community Center Preservation- $130,000
m)LexHAB- 116 Vine Street Design Funds- $100,000
n) CPA Debt Service- $3,016,730
o)Administrative Budget- $150,000
DESCRIPTION: This article requests that Community Preservation funds and other funds, as necessary,be
appropriated for the projects recommended by the Community Preservation Committee and for administrative costs.
ARTICLE 11 APPROPRIATE FOR RECREATION CAPITAL PROJECTS
To see if the Town will vote to appropriate a sum of money for recreation-related capital projects and equipment;
and determine whether the money shall be provided by the tax levy, by transfer from available funds, including the
Recreation and Community Programs Enterprise Fund, by borrowing, or by any combination of these methods; or
act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Recreation Committee)
FUNDS REQUESTED: $180,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fv21 capital.
ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money for the following capital projects and equipment:
a) Ambulance Replacement;
b) Athletic Fields Feasibility Study;
c) Hydrant Replacement Program;
d) Storm Drainage Improvements and NPDES compliance;
e) Sidewalk Improvements;
f) Equipment Replacement;
g) Townwide Signalization Improvements;
h) Street Improvements;
i) New Sidewalk Installations;
j) Transportation Mitigation;
k) Municipal Technology Improvement Program;
1) Application Implementation; and
m) Phone Systems&Unified Communications
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and authorize the Select Board to take by eminent domain,purchase or otherwise acquire any fee, easement or other
interests in land necessary therefor; determine whether the money shall be provided by the tax levy,by transfer from
available funds, including enterprise funds, by borrowing, or by any combination of these methods; determine if the
Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of state aid for such
capital improvements; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $6,842,022
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fy�pital.
ARTICLE 13 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS
To see if the Town will vote to make water distribution system improvements, including the installation of new
water mains and replacement or cleaning and lining of existing water mains and standpipes, engineering studies and
the purchase and installation of equipment in connection therewith, in such accepted or unaccepted streets or other
land as the Select Board may determine, subject to the assessment of betterments or otherwise; and to take by
eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor;
appropriate money for such improvements and land acquisition and determine whether the money shall be provided
by the tax levy, water enterprise fund, by transfer from available funds, including any special water funds, or by
borrowing, or by any combination of these methods; to determine whether the Town will authorize the Select Board
to apply for, accept, expend and borrow in anticipation of federal and state aid for such projects; or act in any other
manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $2,200,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fy�pital.
ARTICLE 14 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS
To see if the Town will vote to install and line sanitary sewer mains and sewerage systems and replacements and
upgrades to pump stations thereof, including engineering studies and the purchase of equipment in connection
therewith; in such accepted or unaccepted streets or other land as the Select Board may determine, subject to the
assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition
thereto and in amendment thereof, or otherwise; and to take by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor; appropriate money for such installation and land
acquisition and determine whether the money shall be provided by the tax levy, wastewater enterprise fund, by
transfer from available funds, including any special wastewater funds,by borrowing, or by any combination of these
methods; to determine whether the Town will authorize the Select Board to apply for, accept, expend and borrow in
anticipation of federal and state aid for such wastewater projects; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $1,401,200
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fv21 capital.
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ARTICLE 15 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money to maintain and upgrade the schools' technology
systems and equipment; determine whether the money shall be provided by the tax levy, by transfer from available
funds,by borrowing, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the School Committee)
FUNDS REQUESTED: $1,299,246
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fy�pital.
ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS
To see if the Town will vote to appropriate a sum of money for capital improvements and renovations, including
new construction to public facilities for:
a) Police Outdoor/Indoor Firing Range -Hartwell Avenue;
b) Center Recreation Complex Bathrooms &Maintenance Building Renovation;
c) Public Facilities Master Plan;
d) LHS Science Classroom Space Mining;
e) Townwide Roofing Program;
f) School Building Envelopes and Systems;
g) Municipal Building Envelopes and Systems;
h) Facility and Site Improvements:
• Building Flooring Program;
• School Paving & Sidewalks Program;
i) Public Facilities Bid Documents;
j) Public Facilities Mechanical/Electrical System Replacements; and
k) Westview Cemetery Building Construction
and determine whether the money shall be provided by the tax levy, by transfer from available funds, including
enterprise funds,by borrowing, or by any combination of these methods;to determine if the Town will authorize the
Select Board to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or
act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $7,245,399
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fy�pital.
ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY
FUND
To see if the Town will vote to appropriate a sum of money to the Town of Lexington Post Retirement Insurance
Liability Fund, as established by Chapter 317 of the Acts of 2002; determine whether the money shall be provided
11
by the tax levy, by transfer from available funds, including enterprise funds, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $1,935,486
DESCRIPTION: This article will allow the Town to continue to fund its liability for post-employment benefits for
Town of Lexington retirees. Beginning with the FY2007 audit, the Town was required to disclose this liability.
Special legislation establishing a trust fund for this purpose was enacted in 2002.
ARTICLE 18 RESCIND PRIOR BORROWING AUTHORIZATIONS
To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles;
or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt that is no
longer required for its intended purpose.
ARTICLE 19 ESTABLISH,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS
To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from
Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter 40 for the purposes of:
(a) Section 135 Zoning By-Law; (b) Traffic Mitigation; (c) Transportation Demand Management/Public
Transportation; (d) Special Education; (e) Center Improvement District; (f) Debt Service; (g)Transportation
Management Overlay District; (h) Capital; (i) Payment in Lieu of Parking; 0) Visitor Center Capital Stabilization
Fund; (k) Affordable Housing Capital Stabilization Fund; (1) Water System Capital Stabilization Fund; and (m)
Ambulance Stabilization Fund; determine whether such sums shall be provided by the tax levy, by transfer from
available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This article proposes to establish, dissolve, and/or fund Stabilization Funds for specific purposes
and to appropriate funds therefrom. Money in those funds may be invested and the interest may then become a part
of the particular fund. These funds may later be appropriated for the specific designated purpose by a two-thirds
vote of an Annual or Special Town Meeting, for any lawful purpose.
ARTICLE 20 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND
To see if the Town will vote to appropriate a sum of money from the Debt Service Stabilization Fund to offset the
FY2021 debt service of the bond dated February 1, 2003, issued for additions and renovations to the Lexington
High School, Clarke Middle School, and Diamond Middle School, as refunded with bonds dated December 8, 2011;
or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $124,057
DESCRIPTION: This article would allow the Town to pay a portion of the debt service on the 2003 School Bonds
from the Debt Service Stabilization Fund set up for that specific purpose.
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ARTICLE 21 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS
To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior
years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the
goods were received or the services performed and for which no money was encumbered.
ARTICLE 22 AMEND FY2020 OPERATING,ENTERPRISE AND CPA BUDGETS
To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money
appropriated under Articles 11, 12, 13, and 14 of the warrant for the 2019 Annual Town Meeting and Article 4 of
the warrant for the 2019 Special Town Meeting, to be used during the current fiscal year, or make any other
adjustments to the current fiscal year budgets and appropriations that may be necessary; to determine whether the
money shall be provided by transfer from available funds including Community Preservation Fund; or act in any
other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year(FY2020) appropriations.
ARTICLE 23 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
To see if the Town will vote to make supplementary appropriations to be used in conjunction with money
appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains,
streets, buildings, recreational facilities or other capital improvements and equipment that have heretofore been
authorized; determine whether the money shall be provided by the tax levy, by transfer from the balances in other
articles, by transfer from available funds, including enterprise funds and the Community Preservation Fund, by
borrowing, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to supplement existing appropriations for certain capital
projects in light of revised cost estimates that exceed such appropriations.
ARTICLE 24 REDUCE LEGAL EXPENSES
(Citizen Petition)
This citizen's proposal is to reduce the appropriation in the line item 8120 (legal expenses for the town) for fiscal
year 2021 from the $410,000 to $110,000 and increase the amount appropriated for town in line item 8200 (town
manager office and human resources)by$100,000. During FY 14-18 the town(exclusive of the school department)
has annually spent on average more than $620,000 in legal expenses. More than 80% of this legal work is of a
routine nature that could be done by in-house counsel.
(Inserted by Richard Neumeier and 9 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to hire in-house counsel for legal services for the Town
for fiscal year 2021. This proposal would reduce the appropriation in line item 8120, legal expenses for the Town,
13
from $4101000 to $110,000 and increase the appropriation in line item 8200 of the Town Manager's budget by
$100,000.
GENERAL ARTICLES
ARTICLE 25 PURCHASE OF LAND/EMINENT DOMAIN
To see if the Town will vote to authorize the Select Board to acquire by purchase, donation, eminent domain or
otherwise for municipal purposes all or a portion of a parcel of land identified as Map 48 and Lot 96 on the
Assessors' Map, and known as Eddison Way; and to appropriate a sum of money therefor and determine whether
the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or, any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: unknown at press time
DESCRIPTION: This article requests funds to purchase or take by eminent domain land currently owned by the
Historical Society.
ARTICLE 26 AMEND HISTORIC DISTRICTS COMMISSION ENABLING
LEGISLATION
To see if the Town will vote to authorize the Select Board to petition the Massachusetts General Court for an act to
amend Chapter 447 of the Acts of 1956, "AN ACT ESTABLISHING AN HISTORIC DISTRICTS COMMISSION
FOR THE TOWN OF LEXINGTON AND DEFINING ITS POWERS AND DUTIES, AND ESTABLISHING
HISTORIC DISTRICTS IN THE TOWN OF LEXINGTON", as previously amended, in substantially the below,
and further to authorize the Select Board to approve amendments to the bill before enactment to the General Court
that are within the scope of the general objectives of the petition, as follows:
Be it enacted by the Senate and House of Representative in General Court assembled, and by the
authority of the same as follows:
Section 1. Chapter 447 of the Acts of 1956, as previously amended, is hereby amended by replacing the words
"Arts and Crafts Society"with the words "Chamber of Commerce"wherever they appear, and by deleting the words
"and a secretary"in section 4 of said Act.
(Inserted by the Select Board at the request of the Historic Districts Commission)
DESCRIPTION: Chapter 447, the governing legislation for Historic Districts regulation and review, has not been
substantially revised or amended since its original passage in 1956 and has not been revised or amended at all in
nearly two decades. The Historic Districts Commission is proposing this amendment to streamline and strengthen
the process of appointing members to the Historic Districts Commission, thus broadening the availability of
qualified, willing applicants to serve as Historic District Commission members, and delete the unnecessary
requirement that a secretary be elected as that role is fulfilled by a staff member.
ARTICLE 27 AMEND GENERAL BYLAWS-NOISE CONSTRUCTION LIMITS
To see if the Town will vote to amend Chapter 804A of the Code of the Town of Lexington (Noise Control) to
further restrict noise pollution from construction projects or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Noise Bylaw Committee)
DESCRIPTION: This article proposes revisions to the Noise Bylaw to better protect residents from noise pollution
from construction projects.
14
ARTICLE 28 AMEND GENERAL BYLAWS-NOISE CONTROL
(Citizen Petition)
To see if the Town will vote to amend Chapter 80 of the Code of the Town of Lexington, Noise Control, to reduce
the impact of construction noise, by requiring a noise mitigation plan for construction impacting residentially zoned
areas as a condition for obtaining a building permit.
This article would require and enforce a noise mitigation plan as follows:
1. A noise mitigation plan will be required for construction projects which entail rock removal via heavy
machinery and/or blasting, including ledge removal,rock pounding,rock crushing,rock drilling or rock cutting;
2. Such a plan will only be required for large projects where these activities are expected to be of extended
duration;
3. Noise mitigation plans must include effective sound barriers surrounding the perimeter of the construction
site;
or act in any other manner in relation thereto.
(Inserted by Varda Haimo and 9 or more registered voters)
DESCRIPTION: This article proposes revisions to the Noise Bylaw to better protect residents from noise pollution
due to residential and other construction projects.
ARTICLE 29 DECLARE CLIMATE EMERGENCY(Citizen Petition)
To see if the Town will adopt a resolution endorsing the declaration of a climate emergency and requesting regional
collaboration for an immediate transition from fossil fuels to clean, renewable energy and further to demonstrate our
commitment to making Lexington a more sustainable and resilient town.
(Inserted by Lily Manhua Yan and 9 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to adopt a resolution endorsing the declaration of a
climate emergency and calls for regional collaboration to reverse global warming and to move towards a more
sustainable economy.
ARTICLE 30 LAND EXCHANGE
(Citizen Petition)
To see if the Town will vote to approve the exchange of a portion of the lot located at 344 Lowell Street with a
portion of the Town's adjoining land, see plan on file with the Town clerk, for the purpose of allowing the use of an
existing structure that currently encroaches in part on Town property, or act in any other manner in relation thereto.
(Inserted by Mohammed Abdul Jaleel and 9 or more registered voters)
DESCRIPTION: This article requests the Town to swap a parcel of Town-owned land for a private parcel of land
of equal size and value. The purpose of this land swap is to change the property lines to address a building on the
private property where half the building was built on the town property,before it was town property.
ARTICLE 31 AMEND GENERAL BYLAWS-DEMOLITION DELAY
(Citizen Petition)
To protect the David A. Tuttle historic home at 53 Hancock Street Lexington, MA 02420 from demolition and other
historically significant homes and edifices. No destruction of living history in Lexington, MA. No immediate
resale of a historical home within a 2 year period. Nullification of the sale if a buyer misrepresents their intentions
resulting in demolition of historic property.
(Inserted by Helen Wright and 9 or more registered voters)
15
DESCRIPTION: This article seeks Town Meeting approval to adopt a demolition delay ordinance that ensures
potentially historically significant homes and structures are not demolished without adequate notice to the public.
ARTICLE 32 EXTEND HANCOCK-CLARK HISTORIC DISTRICT (Citizen
Petition)
Extend the Hancock-Clark Historic District district to Adams St-down Adams to Porter Lane.
(Inserted by Helen Wright and 9 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to extend the Hancock-Clark Historic District to
Adams Street, and Adams Street down to Porter Lane, in order to further preserve the historic character and
buildings in Lexington.
ARTICLE 33 AMEND GENERAL BYLAWS-RUNNING BAMBOO
CONTROL (Citizen Petition)
To see if the Town will vote to amend the General Bylaw of the Town of Lexington by adding a chapter to control
the planting and presence of Running Bamboo plants-any monopodial (running)tropical or semi-tropical bamboo
grasses or bamboo species,or act in any other manner in relation thereto.
(Inserted by Michael Reamer and 9 or more registered voters)
DESCRIPTION: This purpose and intent of this bylaw is to preserve and protect private and Town owned property
and Town owned rights of way from the spread of Running Bamboo and to protect indigenous biodiversity
threatened by Running Bamboo. All Running Bamboo owners shall be required to confine Running Bamboo in a
manner that will prevent the Running Bamboo from encroachment onto any other private or Town owned right of
way. The proposed bylaw specifies requirements, enforcement and penalties.
ARTICLE 34 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE
FOR COMMUNITY HOUSING(Citizen Petition)
To see if the Town will vote to establish a surcharge on specific residential development activities for the purpose of
funding affordable and community housing construction, renovation, associated land acquisition or easements; and
further to authorize the Select Board to petition the Massachusetts General Court to enact legislation to enable this
surcharge in the Town of Lexington, and further to authorize the Select Board to approve amendments to said act
before its enactment by the General Court that are within the scope of the general objectives of the petition, or act in
any other manner in relation thereto.
(Inserted by Matt Daggett and 9 or more registered voters)
DESCRIPTION: The purpose of this article is to address the loss of moderate-income housing by developing a
targeted and measured surcharge on specific residential development activities, that will fund the creation of
community housing that will address identified housing gaps, such as housing attainable by Lexington municipal
employees.
ZONING ARTICLES
ARTICLE 35 AMEND ZONING BYLAW-DISTANCE FROM BASEMENT, SLAB OR CRAWL
SPACE AND GROUNDWATER
To see if the Town will vote to amend the Zoning Bylaw to regulate the distance between groundwater elevations
and building basements, crawl space floors, or slab elevations; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
16
DESCRIPTION: This zoning amendment is in response to residents' requests to address the impacts on their
property of displaced groundwater from abutting new construction being built in the water table. This will also help
prevent new illegal connections to the Town system from new construction in the water table.
ARTICLE 36 AMEND ZONING BYLAW-SHORT TERM RENTALS
To see if the Town will vote to amend the Zoning Bylaw to regulate short term rentals; or act in any other manner in
relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would amend the Zoning Bylaw to regulate short term rentals.
ARTICLE 37 AMEND ZONING BYLAW-SITE PLAN REVIEW
To see if the Town will vote to amend the Zoning Bylaw of the Town of Lexington to amend applicability of,
exceptions to, and notice requirements for site plan review; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would adjust the existing exceptions to site plan review to require review when
parking areas are significantly expanded, limit it for small changes to large buildings, and modernize notice
requirements.
ARTICLE 38 AMEND ZONING BYLAW-FINANCIAL SERVICES
To see if the Town will vote to amend the Zoning Bylaw of the Town of Lexington regarding the regulation of
financial, drive-up, and auto-oriented services; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would adapt a variety of financial services regulations to be consistent with current
industry practice and regulate drive-up and auto-oriented service uses consistently.
ARTICLE 39 AMEND ZONING BYLAW-SOLAR ENERGY SYSTEMS
To see if the Town will vote to amend the Zoning Bylaw to reduce restrictions on solar energy systems; or act in
any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would encourage construction of solar energy systems by exempting these systems
from certain existing setback,height, site coverage, and roof coverage standards, and permitting them in all districts.
ARTICLE 40 AMEND ZONING BYLAW-WIRELESS COMMUNICATION FACILITIES
To see if the Town will vote to amend the Zoning Bylaw to conform to changes in Federal law and regulations
regarding wireless communication facilities, including streamlining permitting processes and standards, adding
design guidelines; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would update the Zoning Bylaw to reflect changes in federal law and regulations
regarding wireless communication facilities. These changes include streamlining permitting of wireless facilities on
private property to meet federal `shot clock' deadlines by not requiring special permits and expanding acceptable
justifications for adding new facilities.
17
ARTICLE 41 AMEND ZONING BYLAW-TECHNICAL CORRECTIONS
To see if the Town will vote amend the Zoning Bylaw to correct internal references, remove unreferenced
definitions, and reformat sections of the Bylaw to help clarify the intent of the Bylaw; or act in any other manner in
relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: These changes are clerical in nature and are not intended to change interpretation of the Zoning
bylaw in any substantive way.
ARTICLE 42 AMEND ZONING BYLAW AND ZONING MAP, 1040-1050 WALTHAM
STREET (Owner Petition)
To see if the Town will vote to amend the Zoning Map and Bylaw of the Town for the property commonly known
as 1050 Waltham Street, shown on Town of Lexington Assessors' Map 5 as Parcel 14 (the "Property") and detailed
in the metes and bounds description for the proposed PD-5 District included in the applicant's Preliminary Site
Development and Use Plan("PSDUP")on file with the Lexington Town Clerk and Planning Board,by changing the
zoning district designation of the Property from the current Commercial Local Office (CLO) District to a Planned
Development(PD)District, or to act in any other manner relative thereto.
(Inserted by BH GRP 1050 Waltham Owner LLC)
DESCRIPTION: This article requests rezoning and approval of a Preliminary Site Development and Use Plan
(PSDUP) for the 1050 Waltham Street property identified in the article, and would allow for the removal of the
existing buildings and the construction of a new building and parking garage. The general location of the property is
shown on a plan entitled: "PD-5 District, Waltham Street, Lexington, Massachusetts (Middlesex County prepared
by BSC Group dated December 16, 2019 and on file with the Lexington Town Clerk and Lexington Planning
Board.
ARTICLE 43 AMEND ZONING BYLAW AND MAP-HARTWELL AVENUE
AREA(Citizen Petition)
To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to alter and supplement dimensional and
other standards for the CM district to permit additional development; rezone lots not used for residential purposes
near Hartwell Avenue and southwest of Bedford Street into the CM or GC districts; or act in any other manner in
relation thereto.
(Inserted by Charles Hornig and 9 or more registered voters)
DESCRIPTION: The changes proposed under this article would allow additional desirable commercial
development along Hartwell Avenue and Bedford Street.
ARTICLE 44 AMEND THE ZONING BYLAW AND MAP-BEDFORD STREET
NEAR HARTWELL AVENUE (Citizen Petition)
To see if the Town will vote to amend the Zoning Map to rezone lots not used for residential purposes northeast of
Bedford Street near Hartwell Avenue into the CM and TMO-1 districts, or act in any other manner in relation
thereto.
(Inserted by Charles Hornig and 9 or more registered voters)
DESCRIPTION: This article would expand the CM (manufacturing) and TMO-1 (transportation management
overlay) districts by moving the #459 (National Guard Armory) and #475 (Boston Sports Club) Bedford Street
properties into the existing CM and TMO-1 districts to allow additional commercial development.
18
ARTICLE 45 AMEND ZONING BYLAW-FRONT YARD, TRANSITION,AND
SCREENING AREAS (Citizen Petition)
To see if the Town will vote to amend the Zoning Bylaw to regulate front yard, transition, and screening areas along
streets consistently within each district, or act in any other manner in relation thereto.
(Inserted by Charles Hornig and 9 or more registered voters)
DESCRIPTION: The changes proposed under this article would allow consistent streetscapes within a zoning
district by requiring consistent front yard, transition, and screening areas along a street independent of the zoning
district of lots across the street.
ARTICLE 46 AMEND ZONING BYLAW-GROSS FLOOR AREA
(Citizen Petition)
To see if the Town will vote to jointly amend both Section 135-10.1 of the Zoning Bylaw, to revise the definition of
Gross Floor Area to remove the inclusion of basements, and Section 135-4.4.2, to reduce the maximum allowable
residential Gross Floor Area, or act in any other manner in relation thereto.
(Inserted by Matt Daggett and 9 or more registered voters)
DESCRIPTION: The purpose of this article is to address issues identified during the implementation of the Gross
Floor Area (GFA) requirements adopted under Article 41 of the 2016 Annual Town Meeting and associated
definition changes adopted under Article 41 of the 2017 Annual Town Meeting. Specifically, the definition of GFA
must be revised to remove the inclusion of basement areas,and in conjunction, the maximum allowable residential
GFA table must be reduced accordingly.
And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the
Bylaws of the Town.
Hereof fail not, and make due return on this warrant,with your doings thereon,to the Town Clerk, on or before the
time of said meeting.
Given under our hands at Lexington this 27th day of January 2020.
Douglas M. Lucente, Chair Select Board
Joseph N. Pato
Suzanne E. Barry of
Jill I. Hai
Mark D. Sandeen Lexington
A true copy,Attest:
Constable of Lexington
19
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discussion on Appointment of User Representative to the Permanent Building Committee
(PBC) for Police Station Project
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.4
SUMMARY:
This came up several weeks ago and the Board discussed again at the last meeting relative to the P o lic e
Station. As you can tell from the attached request for a legal opinion as well as Town Counsel's opinion, it's a
complicated issue when you read the Bylaws in conjunction with the Selectmen-Town Manager Act.
In summary when the Act and the Bylaws are read together that for the most p art,with the exception of the
School Committee and Recreation Committee that most buildings or structures are not built for a Committee
(the Library is addressed in Town Counsel's opinion)but for the department, which in most cases falls under
the Town Manager.
Notwithstanding all of this, I want the Select Board's input on these types of projects and believe it's
important. My suggested resolution is that we move forward and the Board nominate 3-4 (or 1-2, which would
be easier for the Town Manager) candidates to serve the purpose of the bylaw as being specific to a project(in
this case, the Police Station and potentially the Cemetery Building) and then I could make the appointment.
SUGGESTED MOTION:
I asked the question of Town Counsel because it wasn't clear to me. I don't believe any formal motion is
necessary as long as we are all agreeable to a process that we are all comfortable with.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/6/2020 8:40pm
ATTACHMENTS:
Description Type
F) Town.Cbumsel Opinion. Cbver Memo
James Malloy
From: Mina S. Makarious <mina@andersonkreiger.com>
Sent: Wednesday, April 1, 2020 12:50 AM
To: James Malloy; Doug Lucente; Kelly Axtell
Subject: RE: PBC and Police Station Project
Follow Up Flag: Follow up
Flag Status: Flagged
Jiml
I agree with you that the interplay between the Bylaw and the Town Manager Act leaves a little bit of gray area here. I
searched in vain for the 1970 Town Meeting action adding this section (under the digital code it is identified as coming
from Article 109 of the 1970 Town Meeting, try doing that many articles remotely), but it seems to somehow have been
misfiled in the digital archives.
Here is how I would reconcile the language, keeping in mind the general principle that because your Town Manager Act
supersedes ® Where there is an irreconcilable difference between the language in the two documents, the Town
Manager Act governs:
1. 1 agree that the Town Manager appoints the cc regular 99 associate members.
2. 1 also agree that the School Committee example is easy: the School Committee appoints the one or two
representatives for school projects.
® For other buildings that are under the Town Manager's control under the Town Manager Act, I think the most
sensible reading is this:
A. For projects that are under the Town Manager's authority only, because there is no other Board or
Committee involved, I would say the Manager makes the appointments, and controls construction (e.g.,
police, fire, etc.). In that case, the Select Board is no more the "Committee"for whom this being built than
the Town as a whole. This reading also avoids diluting the intent of the Town Manager Act to have the
Town Manager supervise construction in general.
B. For project that are under the Town Manager's authority to prepare plans for and construct, but which a
committee may ultimately have custody over ® potentially the Library, although even there likely not),
that committee should appoint the members and would, under the Bylaw, have the right to review and
approve the contract documents and ® I am skeptical, as you are, that there would be many projects
like this under the way Lexington government currently operates
C. If the building, once constructed will be managed and maintained by the Town Manager, I would say the
Town Manager STILL has the appointing authority, although I would recommend getting input from the
relevant committee on appointments to try and fulfill the purpose of this language. I think in those cases
the Town Manager would also have final say on contract documents and plans.
D. If Town Meeting assigns the Permanent Building Committee oversight over a particular project, as
contemplated in the Town Manager Act, the answers should be the same as 3A-B, but with the PBC
taking the role of the Town Manager.
I do think the timing of the Town Manager Act (enacted in 1968) and the PBC Bylaw(1970), may have something to do
with this ® I suspect that if we inquired with older members of Town Meeting, the role of the Town Manager, only
two years after the Act was enacted, was more limited than it is today and the Selectmen (and perhaps other committees)
were more hands on in construction projects, notwithstanding the language of the Act. I understand that was true in many
® In that case, the language in the PBC bylaw may have worked for the time, but not for what the Town Manager
position has grown to be. I'd consider updating this language in the fall or next spring.
1
Mina
AN DERSON Mina S. Makarious
KRE11GER Anderson & Kreiger LLP 150 Milk Street, 21 sl Floor, Boston, MA 02109
This electronic message contains information from the law firm of Anderson&Kreiger LLP which may be privileged.The information is for the use of the
recipient,intended recipient only. If you are not the intended disclosure,copying,distribution or other use of the contents of this message is
From:James Malloy<imalloV@Iexingtonma.gov>
Sent: Wednesday, March 18, 2020 10:08 AM
To: Mina S. Makarious<mina@andersonkreiger.com>; Doug Lucente<doug.lucente@gmail.com>; Kelly Axtell
<kaxtell@lexingtonma.gov>
Subject: FW: PBC and Police Station Project
Mina—Please see the email below from Doug(this has been sitting for some time and now in isolation, Im trying to get
back to some emails that I had designated as lower priorities...). Section 29-21 dictates how the project specific
members of the Permanent Building Committee (PBQ are appointed and I believe there is some confusing language, so I
want to get your take on the following questions (below)...
• The first paragraph states (the pertinent ® rr
Committee for specific
in case of the absence, inability to act, conflict of interest, or at the request of a full
The Chairman shall designate an associate member to sit on the
member® Section A states the Town Manager shall appoint the full members and associate members. In this case,
believe the rr
Chairman to be the Chairman of the PBQ
• Section B states: rr
structure,The board or committee for which a recreational facility,
or building is being planned or
constructed shall appoint not more than two representatives to the ®.."
So my questions are:
(1) I'm assuming the first bullet above deals with just the normal associate members that the Town Manager appoints
and gives the Chair of the PBC the ability to elevate one of those associate members to a full member in case of a
conflict, .,
and
(2) On the second bullet, Section 9 of the ® ...
unless we just want to call it the Select it states
® ... , ,
the Town Manager shall have jurisdiction over the rental and use of all town property, except schools and libraries. He
shall be responsible for the maintenance and repair of all town property, but not including except upon
...
request of the school committee... for such period as the school committee shall from time to time specify. He shall be
responsible for the preparation of plans and the supervision of work on all construction,, alterations,
case,improvements and other undertakings authorized by the town unless otherwise assigned by the Town Meeting to the
PBC. Plans for the construction or improvement of school buildings or property shall be subject to the approval of the
school committee."
I have multiple questions here, my reading of this part of the Selectmen-Town Manager Act places the rental and use of
all town property except the schools and libraries under the Town Manager and puts all of the responsibility of
constructionA, reconstruction., renovations, etc. for all buildings except schools, unless requested by the school
committee (in this I read that
any construction on the library falls under the responsibility of the Town Manager,
2
not the Library Board of Trustees). Notwithstanding that the Town Manager works for the Board of Selectmen, I believe
this raises some interesting questions about process:
(a) Going back to the second bullet above,when read in combination of the Selectmen-Town Manager Act,which
Board/Committee would "a structure, recreational facility or building being planned or constructed..." actually be? Is it
only the School Committee given the wording of Section 9(d) of the Selectmen-Town Manager Act?
(b) What is the role of the Select Board (or any other Board/Committee other than the School Committee) in the
building construction process? It seems to me that Section 9(d) of the Selectmen-Town Manager Act and Section 29-22
of the Bylaws combined provides for broad authority for the Town Manager and PBC to construct buildings, including
development of the plans for those buildings,to employ designers, execute contracts, etc. In this section,the second to
last sentence provides some additional complications and reads, "The plans and specifications for all such construction,
equipping and furnishing shall in each instance be subject to the approval of the board or committee for which such
building or recreational facility is being planned or constructed." So I assume this approval includes the School
Committee, but perhaps given this fairly broad wording it may also include the Library Board of Trustees and Recreation
Committee.
In the case of the Police Station project or the Westview Cemetery Project,these are being built for the Police
Department and Public Works Department both of which fall under the Town Manager, not a Board/Committee (not
directly in any case). In these cases, does the Select Board appoint "project specific" members of the PBC as indicated in
Section 29-21(B) of the General Bylaws or does the Town Manager or are any supposed to be appointed? Does the
Select Board retain final approval of these projects under the board wording of Section 29-22 of the General Bylaws or
does the Town Manager(since the Police Dept and DPW fall under the Town Manager)? Obviously we need the support
of the Select Board (and others)to move projects forward, but I want to make sure we're clear on the Select Board's
(and other Boards/Committees) role and the Town Managers role as grey areas are just the type of thing that may
create issues between elected Boards and staff.
I'm hoping I'm not making this more complicated than it is, and the two documents read together and the need to lay it
all out in this level of detail is the reason this was set aside for the past couple of months. Hopefully the response will be
more succinct than I was able to lay out as far as the ® Should you wish to discuss, please let me know. It's
likely I'll want to share the response (and this email with the Board). Thanks.
Jim
Jim Malloy
Town Manager
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
781-698-4540
Please be aware this email may be a public record and please consider the environment before printing this
email. Thanks/
From: Doug Lucente [mailto:doug.lucente@gmail.com,]
Sent:Thursday,January 23, 2020 11:25 AM
To:James Malloy<imalloy@1exingtonma.gov>
Subject: PBC and Police Station Project
Hi Jim,
Bridger McGaw reached out to me and expressed interest in participating as a "Prof ect Appointee" for the
Police Station project on the PBC. I wanted to let you know since you are the appointing authority, and we do
not have any Project Appointees yet for this one. Bridger is a Town Meeting Member and in his professional
life has had lots of relevant experience: https://www.linkedin.com/in/brid er-mc aw-cbcp-cissp-cpp-b879651/
I'm not sure historically at what point in the process we have added these appointees, but I'm sure Jon Himmel
knows.
Here is the committee charge and below are the current members for your quick
reference: https://www.lexingtonma.gov/sites/lexingtonma/files/uploads/pbc charge-code.pdf
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4,1101do n IiiaA I-iiiaison 1µ ;I III:,,;`0)2;,II
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II lyWIII ���Iu� 'i w 10 wv.° wu
Jr r �AII ,.I �I i! III,� 9 n°" 9�riY'"�IIJIYI"'AAJ'A`
'„w ("h1���E ()6,° ,
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Thanks,
Doug
Doug Lucente
dou .lucente gmail.com
www.doyglucente.com
4
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Interim Reappointment of Town Counsel
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.5
SUMMARY:
Attached please find Section 90-24 of the Town's General Bylaws which requires the appointment of Town
Counsel within 30 days of the Town election. As previously reported, as the Town has an RFP out for Town
Counsel services, our current Town Counsel has agreed to move forward on a month-to-month basis until a
determination is made. We are in the process of reviewing the RFP submissions and will be conducting initial
interviews shortly to provide the top three firms for the full Board to interview.
SUGGESTED MOTION:
Move to appoint the firm of Anders on-Krieger for Town Counsel Services with Mina Makarious serving as
Town Counsel to serve on a month to month basis.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/6/2020 8:45pm
ATTACHMENTS:
Description Type
F) `ec,v 90 2.,E of the 13ylaws Cover Merno
§ 90-24. Appointment; compensation; special counsel.
The Board of Selectmen shall each year within thirty days after
the annual election of Town officers appoint some attorney-at-law as
Town Counsel, who shall serve for the term of one year and until
his successor is appointed; he shall receive for his services such
compensation as the Town may determine and he may be removed at
any time by a majority vote of said Board. Said Board may, whenever
it deems necessary, employ special counsel to assist or act in place of
the Town Counsel.'
1. Editor's Note: Original Sec. 2 of this article,which immediately followed this section, was
amended 4-24-1974 ATM by Art. 89 and deleted 5-3-1982 ATM by Art. 48.
:1
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Meeting Information
PRESENTER: ITEM
NUMBER:
SUMMARY:
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/6/2020