HomeMy WebLinkAbout2014-06-BOS-min
Selectmen’s Meeting
June 2, 2014
A regular meeting of the Board of Selectmen was held on Monday, June 2, 2014, at 5:45 p.m. in
the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr.
Cohen, Mr. Pato and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk,
were present.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session
to consider the purchase, exchange, lease or value of real property for a fire station, and to
reconvene in open session. Further, the Chairman declared that an open meeting may have a
detrimental effect on the negotiating position of the Town.
Public Comment
Ms. Adler, Precinct 1, requested information on the cost per student and contribution of each
community in the Minuteman Regional High School to help him prepare for the proposed
changes to the Minuteman Regional Agreement. Mr. Adler will put his request in writing and
send to the Town Manager so he can ask Mr. Horton, Lexington’s Representative to Minuteman
Regional High School, to provide the information.
Selectmen Concerns and Liaison Reports
Ms. Mauger was shocked and saddened by the plane crash that happened at Hanscom over the
weekend. She thanked all of the Public Safety personnel who responded.
Mr. Kelley and Mr. Cohen attended the Dana Home Foundation Grant Award Ceremony on May
28, 2014. They praised and thanked the Dana Home Foundation for the generous grants
provided for senior citizen programs and for their dedication to providing care, comfort, and
well-being for senior citizens. It was a great tribute to the Dana Home Foundation.
Mr. Cohen also attended the gathering of the new Community Endowment of Lexington Fund
held at the Depot Building. They were able to provide several grants in their first year, which
shows that Lexington is a very charitable community.
Grant of Location – National Grid – York Street
Ms. Mauger opened the hearing at 7:07 p.m.
National Grid is requesting approval to install approximately 220 feet of 4 inch gas main in York
Street for new service at 33 York Street.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid
to install and maintain approximately 220 feet of 4 inch gas main in York Street.
Selectmen’s Meeting – June 2, 2014
The hearing was closed at 7:09 p.m.
Bicycle Friendly Community Presentation
Ms. Enders, Chair of the Bicycle Advisory Committee and Mr. Siemiatkoski, Chair of the Board
of Directors of the League of American Bicyclists, presented the Bicycle Friendly Community
Bronze Award to the Selectmen. Mr. Siemiatkoski stated there were now 308 Bicycle Friendly
Communities across the country and Lexington was able to attain the bronze level on the first
attempt. A photo was taken of the plaque presentation which included the Selectmen, Town
Manager, Ms. Enders and Mr. Siemiatkoski.
The Selectmen are pleased and thankful for the work of the Bicycle Advisory Committee and
look forward to achieving the Bicycle Friendly Community Silver Award.
Approve New Voting Locations
Ms. Hooper, Town Clerk, explained that the Cary Memorial Building currently serves as the
voting location for Precincts 1 and 5. Because of the upcoming renovations of the Cary
Memorial Building, Ms. Hooper recommends two possible options:
1.School Administration Office at 146 Maple Street for both Precinct 1 and 5
2.School Administration Office at 146 Maple Street for Precinct 1 and Fiske School at 55
Adams Street for Precinct 5.
There were concerns about the parking at the Old Harrington. Ms. Hooper is looking at ways to
provide additional parking, including a school professional development day when elections are
scheduled.
Upcoming elections include:
2014 – September 9 and November 4 State Primary and State Election
2015 – March 2/3 Annual Town Election/Presidential Primary
2016 – March 7 Annual Town Election
2016 – September and November State Primary and State/Presidential Elections
Ms. Hooper plans to return to the Selectmen after the Community Center opens to discuss
designating it as a polling location.
Upon motion duly made and seconded, it was voted 5-0 to relocate Precincts 1 and 5 from the
Cary Memorial Building to the School Administration Building located at 146 Maple Street.
Selectmen’s Meeting – June 2, 2014
Parking Update
Mr. Michelson, Chair of the Center Committee; Ms. Tintocalis, Economic Development
Director; and Ms. Jacobson and Mr. DeNisco from Nelson Nygaard, made a presentation of the
proposed “Lexington Center Parking Management and Implementation Plan”. The plan outlines
the research, findings and recommended improvements. The proposed improvements are
summarized and packaged in phases one, two and three for maximum effectiveness. The plan
strives to achieve the following goals: management parking more efficiently, increase
availability, simplify the system to make it friendlier for all users and support a healthy business
environment.
The presentation included all the stakeholders that were interviewed and the seven public
meetings that were held to discuss parking.
Ms. Mauger read the recommendations for Phase One:
Identify opportunities to expand and lease private lots for shared parking agreements;
Formalize shared parking agreement and pilot low-cost/economy lot;
Pilot free long-term parking on Massachusetts Avenue and Clarke Street;
Create a process to incorporate Phase Two side-streets for permit parking;
Research and pilot new technology for payment options and plan and budget for new
technology based on research;
Add expensive bicycle parking racks;
Battle Green – a separate but coordinated study is addressing pedestrian and parking
improvements, including tour bus parking; and
Public parking informational signage and pedestrian wayfinding signage for parking.
Mr. Kelley suggested Massachusetts Avenue near the Muzzey Condominiums would be a good
location for long-term parkers because the street is quite wide in that area. He thinks locating a
parking area for all-day parkers will help ease the parking in the center.
Mr. DeNisco stated there is little opportunity to park all day in Lexington Center. There are
employees that are part-time working different hours. There needs to be a way to offer long-
term parking, but move it off Massachusetts Avenue and out of the more high intensity parking
lots; that is why Phase 1 is really important.
Ms. Ciccolo attended some of the meetings and is impressed with process and the team; she is
confident the team has provided good solutions and recommendations.
Mr. Pato participated in some of the meetings with stakeholders and is pleased with the results.
He is pleased with the approach recommended for a permit program on side streets.
Selectmen’s Meeting – June 2, 2014
Asked how long it would take to adjust to the new proposed parking changes, Mr. DeNisco said
users get adjusted quickly, but staff will take longer. The phased approach includes talking to
vendors during Phase 1 while gearing up for Phase 2 to get the best deals. If there is concern
about staff time and management he feels it is important to adopt an availability goal and
empower the monitoring group over time to manage that goal; there would not be a need to do a
study to make small changes.
Ms. Mauger asked if the Town was prepared to move forward with staffing the Parking
Management Group. Mr. Valente explained he is working with the Police staff, who currently
manage the parking system. He feels the phased approach will work best as the staffing issues
are worked out.
Ms. Mauger asked about the upfront costs for signage and bike racks and where the money will
come from. The Nelson Nygaard consultant will be preparing a spreadsheet of costs for Phases
1, 2 and 3 with options. The spreadsheet will also include calculations for revenue that will be
generated.
Asked about funds to pay for signage and bike racks, Mr. Valente stated the Public Works
budget has some money set aside that could be used for this purpose if the costs are modest. The
more substantial costs in Phase 2 may be paid from the Parking Meter Fund, which will require
Town Meeting approval.
Mr. Kelley requested information on how the Parking Meter Fund could be used for the parking
plan.
Mr. Kelley asked Mr. Michelson, who has a retail store in the center, whether users will like the
proposed parking plan. Mr. Michelson stated the merchants should like the plan. It provides for
free parking in certain places. But the plan will not work unless all the pieces are implemented,
which includes free parking in some places and getting turnover in the center. He also feels the
employees will understand that parking out of the center will be important and less expensive or
possibly free.
Mr. Kanter, Capital Expenditures Committee and Precinct 7, requested the following be
addressed in the Parking Report: how elastic is the demand, including examples from other
communities; what the trade-off is between the 6:00 p.m. end to meter requirements and evening
events; overpromising on provision for free because of a need for changes in technology that will
need funds to pay for; will the permitted resident parking areas be a companion or offset; and
will the Town be limited to a capital plan in order to make the transition even if operation is
supported in the out years to implement Phase 1.
Mr. Forsdick, Burlington Street, feels the proposed parking plan is a very balanced system that
needs to be implemented for a while for it to work. He also feels it is important to address
enforcement for the plan to work.
Selectmen’s Meeting – June 2, 2014
Ms. McKenna, Tourism Committee Chair, thinks the Battle Green Master Plan is out of sync
with the proposed parking plan. The Tourism Committee has been managing parking signage
and continues discussions on how to incorporate into the proposed parking plan. Also, the Battle
Green Master Plan includes parking proposals and they are different from what is being proposed
by the Parking Management Group. She hopes the Selectmen will vote to proceed with only
some of the proposed parking changes and allow Tourism to continue discussions with the
Parking Management Group.
Ms. McKenna also requested time on a subsequent agenda to discuss a proposed parking pilot in
the Depot parking lot on the Meriam Street side to help visitors find the Visitors Center.
Mr. Mauger will put the proposed Parking Pilot on a subsequent Selectmen agenda. The Parking
Management Group will need to discuss and see if it can be integrated into the proposed parking
plan.
Ms. Lyons, Member of the Parking Management Group and Center Committee, feels there
should be long-term parking available in the center and that the long-term parkers should be
treated the same as town employees, who have free parking close to the office. She thinks it is
important to have parking close to the center for commuters so they will shop in the center
before and after their commute.
Ms. Mauger requested that the Parking Management Group look at options for managing long-
term parking needs and whether the Town employees should be exempt.
Upon motion duly made and seconded, it was voted 5-0 to receive the Lexington Center Parking
Management Report and authorize staff to proceed with Phase One of the Plan.
Article Positions
Article 2 – Amend Zoning Bylaw – 430 Concord Avenue
The Selectmen will wait to review the Planning Board report before taking a position.
Article 3 – Land Acquisition – Off Concord Avenue
The Selectmen need additional information on how the Town can clear the title of this property
before they can take a position.
Article 4 – Authorize Easement on Land at 430 Concord Avenue
Since this article is related to Article 3 the Board will wait for additional information before
taking a position.
Mr. Kanter, Capital Expenditures Committee, will be asking that Article 4 be discussed prior to
Article 3 at the Special Town Meeting.
Selectmen’s Meeting – June 2, 2014
All the Selectmen support the following articles:
Article 5 – School Master Plan
Article 6 – Amend General Bylaws – Contracts and Deeds
Article 7 – Amend General Bylaws Regarding Reporting Period for Town Counsel’s Annual
Report
The following articles will be indefinitely postponed:
Article 8 – Establish and Appropriate to and from Specified Stabilization Funds
Article 11 – Amend Article 2 of the March 24, 2014 Special Town Meeting, Cary
Memorial Building Upgrades
Article 12 – Appropriate for Authorized Capital Improvements
The following articles will be discussed at the next meeting of the Selectmen:
Article 9 – Amend FY2014 Operating and Enterprise Budgets
Article 10 – Amend Article 5 of November 4, 2013 Special Town Meeting, Renovation
to Community Center
Appointments/Resignations
Greenways Corridor Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Aaron Ladd
from the Greenways Corridor Committee, effective immediately.
Upon motion duly made and seconded, it was voted 5-0 to appoint Donald Grant to the
Greenways Corridor Committee to fill the unexpired term of Aaron Ladd until September 30,
2016.
Policy Manual Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Hank Manz to the Policy
Manual Committee.
Town Celebrations Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Richard
Crogan from the Town Celebrations Committee, effective immediately.
Upon motion duly made and seconded, it was voted 5-0 to appoint Richard McDonough to the
Town Celebrations Committee to fill the unexpired term of Richard Crogan until June 30, 2015.
Selectmen’s Meeting – June 2, 2014
Approve Limousine License Renewal – LexCoach Limo Service
Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue one
(1) Limousine License to LexCoach Limo Service LLC, d/b/a LexCoach Limousine Service, 77
Emerson Gardens Road.
Approve Sending Letter to School Committee Regarding Traffic Management at Lexington
Schools
Ms. Mauger is proposing that the Selectmen send the School Committee a letter asking for their
assistance in responding to citizen complaints and concerns about traffic and parking issues
around all schools. She feels that there needs to be collaboration between the Selectmen and
School Committee so both can work with residents on how to deal with traffic congestion at the
schools.
The Selectmen praised Ms. Dunn, Assistant Superintendent, for her excellent work on
collaboration efforts, which will improve with help from the School Committee.
Upon motion duly made and seconded, it was voted 5-0 to approve sending a letter to the
Chairman of the School Committee regarding Traffic Management at Lexington schools.
Approve and Sign Eagle Letters
Upon motion duly made and seconded, it was voted 5-0 to send letters of commendation
congratulating the following Boy Scouts on attaining the highest rank of Eagle in Boy Scouting:
Timothy Schock, Troop 10
Colin Raposo, Troop 10
David Navia, Troop 119
Raymond Stebbins, Troop 160
Toby Bonnell-Bradley, Troop 160
Daniel Palmer, Troop 160
Patrick Foley, Troop 160
Kyle Doney, Troop 160
Selectmen’s Meeting – June 2, 2014
Consent
Water and Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted 5-0 to approve the following water and
sewer commitments and adjustments:
Commitment of Water and Sewer Charges Finals $ 3,326.37
Commitment of Water and Sewer Charges Cycle 9 Apr 2014 $217,792.42
Commitment of Water and Sewer Charges Section 2 Apr 2014 $1,609,655.08
Commitment of Water and Sewer Charges Section 3 May 2014 $ 3,083.945.45
Adjustments to Water/Sewer Charges as recommended by WSAB $ (49,297.29)
One-Day Liquor License – Lexington Players
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
The Lexington Players to serve beer and wine on Saturday, August 16, 2014, for a Community
Theater Awards Gala at the National Heritage Museum from 5:00 p.m. to 10:30 p.m.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of April 16,
2014, April 28, 2014, April 29, 2014 and May 12, 2014.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
April 16, 2014, April 28, 2014, April 29, 2014 and May 12, 2014.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session
to consider the purchase, exchange, lease or value of real property, 430 Concord Avenue-rear lot,
and to reconvene in Open Session. Further, the Chairman declared that an open meeting may
have a detrimental effect on the negotiating position of the Town.
Upon motion duly made and seconded, it was voted to adjourn at 9:42 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
June 9, 2014
A regular meeting of the Board of Selectmen was held on Monday, June 9, 2014, at 6:30 p.m. in
the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr.
Cohen, Mr. Pato, Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the
Executive Clerk, were present.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session
to consider the purchase, exchange, lease or value of real property, 430 Concord Avenue-rear lot,
and to reconvene in Open Session. Further, the Chairman declared that an open meeting may
have a detrimental effect on the negotiating position of the Town.
Article Positions
Article 2 – Amend Zoning Bylaw – 430 Concord Avenue
In response to questions that she has received, Ms. Mauger remarked that the Town of Lexington
was not a party to the purchase and sale of property between Artis Senior Living (Artis) and the
owner of 430 Concord Avenue. The purchase and sale was contingent upon a Commercial
District rezoning, which is an item that needs to go before Town Meeting, and with notification
of the desire to begin that process, the Town became aware of the transaction. The Town does
have a Right of First Refusal on the property, because the land is under agricultural exemption.
A bonafide sale would trigger the Right of First Refusal. In order to have a bonafide sale, Article
2 would need an affirmative vote at the Special Town Meeting and the Attorney General’s office
would have to say that the vote is legal. The Board of Selectmen has informally indicated that it
does not have an interest in purchasing the land for municipal purposes. Ms. Mauger also
explained that the Town has never evaluated the financial stability of a company applying for
CD rezoning in the past and would not do so in this case. And finally, she advised residents in
the Five Fields neighborhood, concerned about the rising water table in this area, to go to the
Conservation Commission which can then make a recommendation to the Selectmen on how to
provide relief.
Mr. Hicks, senior vice president Artis, and Mr. Grant, his attorney, presented information
regarding the proposed development of the property at 430 Concord Avenue as a 72 bed
Alzheimer’s assisted living facility. Also present were Mr. Waitt and Mr. Novak of Meridian
Associates and Mr. Larson, Landscape Architect. Mr. Grant briefly highlighted information
included in the Preliminary Site Development and Use Plan (PSDUP) application package for
Artis Senior Living.
Ms. Mauger brought the Board’s attention to the Memorandum of Understanding, noting that it
is a document which the Selectmen vote on in a CD rezoning. Mr. Valente explained that as
Artis is going through this process, staff have identified other conditions that should be part of
the approval, but are not related to the rezoning, and so the Memorandum of Understanding, an
Selectmen’s Meeting – June 9, 2014
agreement between the applicant and the Town, was created and should be finalized in the next
few days.
Mr. Larson and Mr. Grant responded to Ms. Ciccolo’s question regarding lighting provisions,
referring to information in the PSDUP. Ms. Ciccolo suggested that mechanical equipment be
lower to the ground than currently proposed to reduce noise. Mr. Kelley feels that use of the
land for this facility would provide great value to the community. Mr. Cohen commented that
this is a commercial building but it is going to be a residence for people. Mr. Waitt responded to
Mr. Cohen’s question about restoring wetlands and noted that they have met all the conditions of
the Massachusetts Department of Environmental Protection (Mass. DEP). In response to Ms.
Mauger’s question regarding the effect of this project on the affordable housing inventory, Mr.
Valente explained that this would not be counted in the number of housing units in town.
Mr. Parker, 186 Spring St., commented on traffic control on Concord Avenue and urged Mr.
Hicks to coordinate with the Cotting School. Ms. McKenna, 9 Hancock St., asked for clarity on
preference given to Lexington residents and their caregiving children. She also asked Artis
Senior Living to consider a lump sum payment to Lexpress instead of a payment for Lexpress
passes as provided in the MOU. Mrs. Adler, Chair of the Council on Aging, commented on the
issue of housing in Lexington and urged Lexington as a Town to think about other kinds of
housing for Lexington’s aging population. Mr. Martignetti, 37 Barberry Road, asked for the
Selectmen’s influence to resolve the drainage problem and high water table suffered in the Five
Fields area for years. Ms. Nardone lives at 429 Concord Avenue, where the shoulder of the road
will be widened, and is opposed to this project. She asked the Selectmen to look at other
commercially zoned areas in town for a place to put this facility.
The consensus of the Board was that there was not anything that would prevent them from going
forward with the MOU or from taking a position on Article 2.
Article 3 – Land Acquisition – Off Concord Avenue
Ms. Mauger reported that the Board has been advised the best way to clear title on this land is
through the eminent domain process. Mr. Valente updated the Board on the two appraisals for
the back parcel, approximately 12 acres of land. Town Counsel’s recommendation is that the
Board support the larger appraisal of $180,000. The Community Preservation Committee would
be the source of funds if they approve.
All of the Selectmen support Article 3.
Article 4 – Authorize Easement on Land at 430 Concord Avenue
All of the Selectmen support Article 4.
Selectmen’s Meeting – June 9, 2014
Article 10 – Amend Article 5 of November 4, 2013 Special Town Meeting, Renovation
to Community Center – Project Update
Mr. Goddard, Facilities Director, updated the Board on this project and the additional $500,000
recommended to complete it. Mr. Kelley is satisfied with the information that he has received
but is not going to take a position on this article tonight. He would like to wait and go through
the line items presented on this project to make sure that nothing has been taken out which is
essential to the functioning of the building.
All of the Selectmen support Article 10, with the exception of Mr. Kelley who will wait.
Continued Discussion – Solar on Municipal Buildings
Mr. Sandeen, Chair Sustainable Lexington Committee, and Mr. Newell, Assistant Director of
Public Facilities, presented an update of the Solar Task Force regarding solar on municipal and
school buildings. The presentation included preliminary financial expectations for the project,
the preliminary power purchase agreement rate proposed by the vendor, and the expected costs
for managing the roofs.
Mr. Kelley brought up two issues, first, a question regarding the tax exempt status of financing
for the roofs of buildings chosen for solar, and second, a question about how the roofs would be
inspected and maintained to prevent leaks and other issues. Mr. Addelson will follow up with
bond counsel on the question of financing and Mr. Newell will come back to the Board with
information on the ability to inspect the roofs.
Mr. Sandeen asked for the Selectmen’s support in moving to the next phase of the rooftop solar
process, which includes first, having Ameresco apply for the interconnection service agreements
with NSTAR, and second, for Town staff and Town Counsel to move forward with contract
negotiations between the committee’s selected vendor and the Town.
The Board endorses moving ahead on the two items requested by Mr. Sandeen and looks forward
to the Committee’s return regarding the two questions that came up in discussion of the
presentation.
Liquor – Change of Manager – Margaritas
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change
of manager of the all alcohol restaurant liquor license for Lexington Mexican Restaurant Group,
Inc. d/b/a Tio Juan Margaritas Mexican Restaurant, located at 438 Bedford Street, subject to
receiving proof of alcohol awareness training.
Selectmen’s Meeting – June 9, 2014
Appointments
Town Celebrations Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Robert Tracey and Sondra
Lucente to the Town Celebrations Committee for 3-year terms to expire June 30, 2017.
Upon motion duly made and seconded, it was voted 5-0 to appoint Lorain Marquis to the Town
Celebrations Committee for a 3-year term to expire June 30, 2017.
Upon motion duly made and seconded, it was voted 5-0 to reappoint William Mix, Carol Flynn,
Cerise Jalelian, Dave Taylor, Geetha Padaki, Karen Gaughan, Kimberly Coburn, Paul Jenkins,
Tanya Morrisett and Wayne Miller to the Town Celebrations Subcommittee for 1-year terms to
expire June 30, 2015.
Upon motion duly made and seconded, it was voted 5-0 to appoint Julie Miller to the Town
Celebrations Subcommittee for a 1-year term to expire June 30, 2015.
Executive Clerk
Upon motion duly made and seconded, it was voted 5-0 to reappoint Lynne Pease as the
Selectmen’s Executive Clerk for a 1-year term to expire June 30, 2015.
Keeper of the Lockup
Upon motion duly made and seconded, it was voted 5-0 to reappoint Mark Corr as Keeper of the
Lockup for a 1-year term to expire June 30, 2015.
Approve and Sign Gold Award Letter
Upon motion duly made and seconded, it was voted 5-0 to send a letter of commendation to
Naomi Wharton congratulating her on attaining the highest rank in Girl Scouting, the Gold
Award.
Discuss Town Manager Evaluation Process
Ms. Mauger asked each Selectman to submit a letter describing their performance evaluation of
the Town Manager. Ms. Mauger will compile the letters and provide the Selectmen with the
compiled letter in an open meeting. Ms. Mauger asked the Selectmen to send her their letter by
Monday, June 16, 2014.
Consent
Approve Tax Bill Insert – Citizens Academy Information
Upon motion duly made and seconded, it was voted 5-0 to approve inserting information
regarding the next Citizens Academy in the next Tax Bill.
Selectmen’s Meeting – June 9, 2014
Approve Use of Battle Green – Flag Day
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington
Elks to use the Battle Green on Thursday, June 12, 2014, at 7:00 p.m. for the annual Flag Day
Ceremony. The Elks hope that the Selectmen can participate in the ceremony.
Approve Use of Battle Green – This Old House
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the “This Old
House” show to use the Battle Green for a couple of hours on one of the following days: June
12, 16, 23, or 25 to tape portions of their show about the history of the Battle Green.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
Selectmen’s Meeting
June 16, 2014
A regular meeting of the Board of Selectmen was held on Monday, June 16, 2014, at 6:30 p.m.
in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley,
Mr. Cohen, Mr. Pato and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk, were present.
Selectmen Concerns and Liaison Reports
Ms. Mauger announced the passing of Richard Abrams, who had a vision and helped create
ACROSS Lexington routes around Lexington.
Grant of Location – National Grid – Concord Avenue
Ms. Mauger opened the hearing at 6:32 p.m.
National Grid requested approval to install and maintain approximately 95 feet of 4 inch gas
main in Concord Avenue from an existing 4 inch main at Benjamin Road westerly to House No.
558 for a new service.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid
to install and maintain approximately 95 feet of 4 inch gas main in Concord Avenue.
The hearing was closed at 6:34 p.m.
Committee Appointments/Resignations
Transportation Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Michael
Boudet from the Transportation Advisory Committee, effective immediately.
Upon motion duly made and seconded, it was voted 5-0 to appoint Hank Manz to the
Transportation Advisory Committee to fill the unexpired term of Michael Boudet until
September 30, 2015.
Monuments and Memorials Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Sam Doran as Chair of the
Monuments and Memorials Committee.
Consent Agenda
Commitment of Water and Sewer Charges
Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments
of water and sewer charges:
Selectmen’s Meeting – June 16, 2014
Commitment of Water and Sewer Charges Cycle 9 May 2014 $243,082.44
Commitment of Water and Sewer Charges Finals May 2014 $ 4,158.92
Lexpress Schedule for FY2015
Upon motion duly made and seconded, it was voted 5-0 to approve inserting the FY2015
Lexpress schedule in the June tax bill.
Selectmen Article Presenters for Special Town Meeting
The Selectmen agreed to the following list of article presenters for the June 16 Special Town
Meeting:
Ms. Mauger Article 2 - Amend Zoning Bylaw – 430 Concord Avenue
Ms. Mauger Article 3 - Land Acquisition – Off Concord Avenue
Ms. Mauger Article 4 - Authorize Easement on Land at 430 Concord Avenue
Mr. Kelley Article 5 - School Master Plan
Mr. Pato Article 6 - Amend General Bylaws – Contracts and Deeds
Mr. Cohen Article 7 - Amend General Bylaws Regarding Reporting Period for Town
Counsel’s Annual Report
Mr. Pato Article 8 - Establish and Appropriate To and From Specified Stabilization Funds
Mr. Cohen Article 9 - Amend FY2014 Operating and Enterprise Budgets
Ms. Ciccolo Article 10 - Amend Article 5 of November 4, 2013 Special Town Meeting,
Renovation to Community Center
Ms. Ciccolo Article 11 - Amend Article 2 of the March 24, 2014 Special Town Meeting, Cary
Memorial Building Upgrades
Mr. Kelley Article 12 - Appropriate For Authorized Capital Improvements
Article Positions
Article 2 – Amend Zoning Bylaw – 430 Concord Avenue
The Memorandum of Understanding (MOU) between ARTIS Senior Living, LLC and the Town
of Lexington was reviewed by the Board.
Mr. Hornig, Chair of the Planning Board, stated that the Planning Board had reviewed the MOU
and there were no significant issues.
Upon motion duly made and seconded, it was voted 5-9 to approve the Memorandum of
Understanding between ARTIS senior Living, LLC and the Town of Lexington dated June 16,
2014.
The Planning Board currently supports Article 2 4-1, but plans to vote again before the Special
Town Meeting when Mr. Zurlo is available.
Mr. Cohen made the following statement prior to taking a position on Article 2:
Selectmen’s Meeting – June 16, 2014
“Before I indicate my position, I would note that the owner of the property has one lawsuit
against the Town, myself and one other individual seeking damages for an alleged sewage
discharge on the property. Nevertheless, I believe I can be objective and make a decision based
on what is best for the Town. I support passage of Article 2.”
All Selectmen support Article 2
Article 4 - Authorize Easement on Land at 430 Concord Avenue
Upon motion duly made and seconded, it was voted 5-0 to indefinitely postpone Article 4 if
Article 2 fails.
Article 3 - Land Acquisition – Off Concord Avenue
Mr. Batt, Anderson & Kreiger, briefed the Board on the title search of this property. He could
not go into any great detail because of possible litigation. The Town seems to have a valid claim
to the property because of historical records, but there are still more reconciling to be done.
The Board was asked whether they would want to go forward with Article 3 at the Special Town
Meeting if Article 2 failed.
Mr. Kelley feels it is important to clear the title and supports moving forward with Article 3 if
Article 2 fails. Ms. Ciccolo agreed and felt it was important to the neighbors and the Town to
follow through and protect the land. Mr. Cohen and Mr. Pato also support going forward with
Article 3.
Ms. Mauger supports going forward with Article 3 for several reasons, including that the
Conservation Commission requested that the title be cleared.
Mr. Valente questioned why the Selectmen voted to indefinitely postpone Article 4 if Article 2
failed, but support moving forward with Article 3 because of the easement access issue.
If Article 2 fails Mr. Pato wanted additional time to develop an agreement for the easement.
Upon motion duly made and seconded, it was voted 5-0 to continue with Article 3 if Article 2
fails.
Article 4 – Authorize Easement on Land at 430 Concord Avenue
Mr. Kanter, Capital Expenditures Committee, Precinct 7 Town Meeting Member, asked the
Board to reconsider not moving forward with Article 4 since it is only for authorization. Mr.
Hamilton, Conservation Commission, agreed and felt this was the time for possible transfer of
the land and the Board would negotiate an easement. He urged moving forward with Article 4 if
Article 2 fails.
Selectmen’s Meeting – June 16, 2014
Mr. Batt stated the motion for Article 4 only asks for authorization to acquire the easement and
there is no request for an appropriation. If funding is necessary it would require Town Meeting
approval.
Upon motion duly made and seconded, it was voted 5-0 to reconsider vote on Article 4 if Article
2 does not pass.
Upon motion duly made and seconded, it was voted 5-0 to move forward with Article 4 if Article
2 does not pass.
Article 10 – Amend Article 5 of November 4, 2013 Special Town Meeting, Renovation
to Community Center
Mr. Kelley received the information he needed and is pleased with the outcome of the project
and now supports Article 2.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 7:07 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Goal Setting Meeting
June 19, 2014
A meeting of the Board of Selectmen was held on Thursday, June 19, 2014 at 8:30 a.m. in the
Training Room of the Public Services Building, 201 Bedford Street. Chairman Mauger, Mr.
Kelley, Mr. Cohen; Mr. Pato and Ms. Ciccolo; Mr. Valente, Town Manager; Ms. McLaughlin,
Assistant to the Town Manager; Ms. Jones, Management Intern; and Ms. Pease, Executive Clerk,
were present.
Approve Sale of Notes
On June 17, 2014, the Town sold $5,982,487 of General Obligation Bond Anticipation Notes
which will come due on February 27, 2015. The note issue was comprised of multiple purposes
to be accounted for in the general fund and the sewer fund. Four bids were submitted for the
notes; the lower bidder was Mitsubishi UFJ Securities with a bid of 0.099%.
Upon motion duly made and seconded, it was voted 5-0 to approve the sale of a $5,982,487 0.75
percent General Obligation Bond Anticipation Note (the “Notes”) of the Town dated June 27,
2014 and payable February 27, 2015, to Mitsubishi UFJ Securities (USA), Inc. at par, plus a
premium of $25,963.99.
Further Voted: that in connection with the marketing and sale of the Notes, the preparation and
distribution of a Notice of Sale and Preliminary Official Statement dated June 10, 2014, and a
final Official Statement dated June 17, 2014, each in such form as may be approved by the Town
Treasurer, be and hereby are ratified, confirmed, approved and adopted.
Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are,
authorized to execute and deliver a significant events disclosure undertaking in compliance with
SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which
undertaking shall be incorporated by reference in the Notes for the benefit of the holders of the
Notes from time to time.
Further Voted: that we authorize and direct the Town Treasurer to establish post issuance
federal tax compliance procedures in such form as the Town Treasurer and bond counsel deem
sufficient, or if such procedures are currently in place, to review and update said procedures, in
order to monitor and maintain the tax-exempt status of the Notes.
Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town
Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver
such certificates, receipts or other documents as may be determined by them, or any of them, to
be necessary or convenient to carry into effect the provisions of the foregoing votes.
Selectmen’s Meeting – Goal Setting – June 19, 2014
Notice of Intent to Fill Planning Board Vacancy
The Town Clerk has received a letter from Gregory Zurlo resigning from the Planning Board.
The next step is for the Board to vote to issue a Notice of Intent to appoint a replacement to fill
Mr. Zurlo’s unexpired term until the 2015 local election.
Upon motion duly made and seconded, it was voted 5-0 to issue a Notice of Intent regarding
appointing a replacement Planning Board member to fill Mr. Zurlo’s unexpired term until the
2015 local election.
Review Status of FY2014-2015 Goals
Mr. Valente reviewed the FY2014-2015 Selectmen Goals. There were a total of 16 goals, 11 are
completed or progressing. These goals are: Minuteman High School Renovation Plans, OPEB,
Facilities Master Planning, Street Maintenance, Possible Anaerobic Digestion Facility at
Hartwell Avenue, Community Center Planning, Service Implications of Changing
Demographics, Committee Support and Process, Tobacco Purchase Age and Remote
Participation. The other 5 are on the current goal list to continue, which are: Increase Tenancy
in Commercial Districts, TIF Philosophy/Policy, Tourism Strategic Plan, Hartwell Avenue
Economic Development and Complete Streets.
Discuss Proposed Goal Topics
Financial and Budget Issues
Town Service Goals for FY2016 – All the Selectmen support the goal of having no overrides.
They would like to find ways to make residents more aware of how the Town lives within the
constraints of Prop 2 ½.
st
Long-term Capital Spending Plan – The Selectmen’s 1 priority are the Police and Fire
buildings. Need to see the updated School Master Plan. The Selectmen requested information
be provided at a future agenda regarding how debt is managed.
OPEB – Work will continue and OPEB will be an ongoing item.
Minuteman High School – No goal, but Selectmen need to discuss the resolution for allowing
communities to withdraw.
Financial Data Presentation – Mr. Pato will lead this goal to try to make the financial information
more understandable to citizens and will work with the new MIS person when he or she is hired.
CPA Funding – Ms. Mauger recommended that 1-2 members of the Capital Expenditures
Committee and Mr. Cohen work with the Community Preservation Committee and Mr. Addelson
to see how funding requests could be known earlier so that Selectmen can give a position early in
Selectmen’s Meeting – Goal Setting – June 19, 2014
the process or advocate for certain projects. Mr. Cohen suggested contacting Lexington’s
Legislators regarding increasing CPA Funding.
Capital Planning and Projects
Center Streetscape – Mr. Pato and Ms. Ciccolo will work on with the Center Committee to move
the project along and will include complete streets concepts. Selectmen need to endorse final
plan.
Sustainability - The Selectmen need to review and update the current Sustainable Design Policy.
The Permanent Building Committee and Sustainable Lexington Committee should discuss and
bring recommendations to the Selectmen. The School Committee should be included in
discussions. The Selectmen should provide direction.
Recreation Field Capacity – The Selectmen need to keep thinking about and need the Recreation
Committee to make suggestions.
Re-Use of Hartwell Avenue Compost Site - Include budget item request for feasibility study to
evaluate if an indoor/outdoor firing range could be sited there and also look at the option for a
regional facility.
Facilities
Public Safety Facilities (Police and Fire) - New Police and Fire buildings are the Selectmen’s top
priority. Mr. Kelley wants to focus on police/fire facilities.
Mr. Kelley would like the Selectmen to consider having the Facilities Director managed by the
Town Manager rather than by the Town Manager and Superintendent. Mr. Valente will do some
research.
Funding for Facilities Maintenance – This is an important project that needs to be brought
forward to the Selectmen and included in budget discussions.
Visitor Center Improvements – The Selectmen would like Ms. Manz to continue to have
discussions with the stakeholders.
Empty Buildings and Scope – Ms. Mauger, Mr. Cohen and Ms. Ciccolo will look into options
and the costs associated with the buildings and see if zoning changes could be made to allow the
Town to offer office space in the buildings.
Economic Development
Economic Development Strategy/Infrastructure Improvements – All Board members will work
on this item.
Selectmen’s Meeting – Goal Setting – June 19, 2014
Hartwell Avenue – The Selectmen need to protect and enhance the commercial tax base.
Hartwell needs better infrastructure for pedestrians/commuters to access. The landowners also
need help redeveloping.
Center Vitality – Banks is a top priority for economic development issues. Center vitality should
be combined with parking.
Tourism Strategic Plan – The Selectmen need to discuss and agree on a policy for Tourism;
should it be part of economic development. Mr. Kelley will work on what is appropriate for the
Visitor Center Project.
TIF Program Policy – Mr. Pato would like to continue to work on with the Economic
Development Advisory Committee.
Transportation
Livable Streets – Ms. Ciccolo stated that there are no certification processes from the State yet
for Complete Street; they are working on guidelines. She hopes the program gets launched soon.
Mr. Pato would like the Board to discuss at a future Selectmen meeting what the intent of
Complete Streets is and how does that get accomplished. The Goal would be a policy and
implementation of Complete Streets.
Sidewalks – Residents are interested in more sidewalks. Current policy needs to be reviewed
and changed to include coordination and proper order of process. Sidewalks need to be part of
Livable Streets. Ms. Ciccolo will work on this goal.
Multi-Modal Transportation – The philosophy is to get away from cars; there are a lot of
different groups working on alternative transportation and there is a lot of interest from the
community. What is the right structure to move forward? Mr. Kelley believes it is imperative to
get a crosswalk added to Bedford Street near the Hartwell Avenue jug handle for protection of
citizens. The Selectmen requested a presentation and recommendations on senior and multi-
modal transportation options from the transportation staff. The Bikeway needs to be part of the
multi-model transportation model.
Planning and Land Use
The Selectmen recommend the hiring of a senior level position to help with planning and land
use and suggested the Town Manager make recommendations on what skill set is needed and
how to integrate into the current municipal structure.
Affordable Housing/Housing Production Plan – Mr. Pato and Ms. Ciccolo will work on putting
together a working group with Planning Board members and staff to come up with a process for
moving forward to ensure diverse housing.
Business Growth Interests – Mr. Kelley wants to make sure the message is out there.
Selectmen’s Meeting – Goal Setting – June 19, 2014
Land Protection – Connect with the Conservation Commission to identify property that needs to
be protected and how to correct the problems. Mr. Kelley will meet with the Conservation
Commission to see what they can do.
Other
Community Center Development – The Community Center Advisory Committee Working
Groups will be making recommendations to the Selectmen on governance in the fall/winter of
2014.
Improved Collaboration between Town and School Departments – Collaboration has improved
but it needs to be improved. Schedule meeting with School Committee and continue developing
relationship. There needs to be better collaboration on sustainable goals and school access. A
Traffic Mitigation Policy needs to be adopted. There needs to be staff input, public discussion
and better coordination.
Noise Committee – Each Selectmen needs to provide three names to the Chairman by the end of
June as possible candidates for the Noise Committee. A Police Liaison should be appointed to
the committee. The goal is to redefine charge and membership for the Noise Committee.
Changing Demographics; Multicultural Participation – Ask the Demographics Committee to
provide recommendations on how to engage minority residents in Town activities. Look into
translation service possibilities and meet with groups on their home turf. The Selectmen need to
reach out.
Board/Committee/Citizen Communications –Continue trying to reach out to CAAL and IAL.
Committee Support and Process – Need to review what the current committees are, if any can be
changed and/or merged. New committees should not be created unless they have resources. The
Board needs to define how to move forward. Ms. Mauger and Mr. Pato will work on.
Bylaw Review – Important to do, but how – citizen input, consultant?
Town Website – The web is currently being redesigned. The Selectmen suggested asking for
input from the community as to what they want (what most important and what we can do
better).
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 11:35 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
June 30, 2014
A regular meeting of the Board of Selectmen was held on Monday, June 30, 2014, at 7:00 p.m.
in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley,
Mr. Cohen, Mr. Pato and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk, were present.
Public Comment
Ms. Rockwell, Chair of the 300 Anniversary Celebration Committee, presented the Selectmen
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with artwork celebrating Lexington’s 300 Birthday: one is a framed All-Town Photo taken
during the Opening Day Ceremonies on September 22, 2012 and the other is a print of the
Massachusetts Governor’s Council Vote taken on March 20, 1713 establishing a new town called
Th
Lexington. The 300 Committee will help determine the appropriate place to hang these two
pieces of history.
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The Selectmen thanked the 300 Anniversary Celebration Committee and all those who were
involved in carrying out all the wonderful events that were planned and for all their hard work.
Selectmen Concerns and Liaison Reports
Mr. Cohen brought up that the State Legislature is discussing tomorrow whether to give control
of how many liquor licenses a town can have to the town or to keep control with the ABCC. The
Selectmen agreed that Ms. Mauger should contact Lexington Representative and Senators that it
is important for cities and towns to have local control of the number of liquor licenses allowed in
each community.
Town Manager Report
Mr. Valente reported on four items:
1.The Solarize Lexington-Bedford program has reached 103 contracts signed, which
insures that Lexington will receive the $12,500 donation of a solar system from Astrum.
Staff is looking at options.
2.The High School Modular Building Phase 1 components have been delivered to the
school and are being placed on the foundations.
3.The Cary Memorial Building Project will start mobilizing July 7 by beginning to install
site fencing and signage.
4.The Diamond School Rotary reconstruction project will begin next week.
Mr. Kanter, 48 Fifer Lane, asked about the parking impact when the fencing is put up for the
Cary Memorial Building renovation project.
The Town Manager explained that Ms. Vine, Assistant Town Manager, is working on a parking
plan and will be providing notification to residents.
Selectmen’s Meeting – June 30, 2014
Approve Regional Housing Office Intergovernmental Agreement
Ms. Rust, Regional Housing Services Office (RHSO) staff, provides the Town with support for
all affordable housing programs, including the required monitoring of affordable housing
agreements for units provided by private entities. The RHSO Agreement is up for renewal. The
RHSO Agreement includes the towns of Sudbury, Concord, Bedford, Acton, Weston and
Lexington. The PHSO reports to the Planning Department. Lexington will pay $27,124 or 18%
of the total for this regional effort.
She reviewed the RHSO FY2014 program efforts. Lexington’s projects included: rental
monitoring for LIP units at Avalon and LexHAB; HOME Program at Lexington Housing
Authority; and monitoring of refinancing, training and support. For FY2015 Concord will be the
Lead Community and will be responsible for contracting consultants and establishing and
managing a revolving fund, including funds transferred from Sudbury.
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Regional
Housing Services Office Agreement for the period of Fiscal Years 2015 to 2017.
Approve Avalon Bay Monitoring Report
Ms. Rust, Regional Housing Services Office, reviewed the results of its monitoring review of the
two Avalon developments in Lexington. Avalon Lexington is located at 100 Lexington Ridge
Drive and has 198 units total, 56 are affordable and 142 are market rate units. Avalon at
Lexington Hills is located at 1000 Main Campus Drive and has 387 units, 97 are affordable and
290 are market rate units. The monitoring scope includes making sure the units are affordable,
the tenants are income eligible and the units are safe and in good repair.
Recommendations include: asking Department of Housing and Community Development
(DHCD) for Local Initiative Program (LIP) guidance on how to handle Section 8 mobile
vouchers where the total rent collected is greater than the maximum LIP gross rent; the
Lexington Housing Authority (LHA) and Avalon should discuss reducing the payment standard
to 100% FMR for units at Avalon at Lexington, which would allow LHA to serve more families
in need; request that Avalon review requirements for obtaining source documents for wholly-
owned businesses and review the financials for the business to ensure that the tenants have no
other income from their business.
Upon motion duly made and seconded, it was voted 5-0 to approve the Avalon developments
monitoring report and authorize the Town Manager to forward said report to the Department of
Housing and Community Development.
Selectmen’s Meeting – June 30, 2014
Update on Bedford Street/Hartwell Avenue Island Landscaping
Mr. Pinsonneault, Manager of Public Works Operations; Ms. Tintocalis, Economic Development
Director; and Ms. Dutcher, GroundView Design presented the plans for the Bedford
Street/Hartwell Avenue Island Landscape project that has been coordinated with MassDOT. The
plan creates a gateway to the Harwell Avenue Corridor with distinctive landscaping. Installation
will be done in the fall and the contractor will care for the islands for the first year to get the
plants established and then the islands will be maintained as a meadow area on a yearly basis by
the Town. The plantings will be salt and drought resistant because there will be no irrigation
system. MassDOT has approved the plans for the placement of the plants and the plans for snow
removal on the islands.
Asked about the importance of public safety for pedestrians and people taking public
transportation, Mr. Pinsonneault stated that Engineering and Stantec had a meeting scheduled
with MassDOT next week to review options for making it safe for pedestrians and public
transportation residents to cross the street and that they will bring back possible options to the
Selectmen at a near future meeting.
In addition, the Town will be putting a cement pad along Bedford Street near the Beth Israel
building and they will be installing a bus shelter.
Mr. Kanter, Capital Expenditures Committee, Precinct 7, asked that Public Works keep track of
the effort of public works staff and the contractor.
He also asked about funding for a new signal system at the Bedford Street/Hartwell Avenue
intersection. Mr. Valente stated it was a state road and would be funded by MassDOT.
Depending on if the project was major or minor will decide the process that has to be followed.
Mr. Pato reminded the residents that a letter was sent asking for help with getting a crosswalk
and Lexington’s Representative and Senators have indicated their support for the initiative.
Update from TSAC on Prospect Hill Road Sidewalk
Ms. Mauger noted that the Selectmen still need to bring back the neighborhood as requested to
discuss the sidewalk.
Mr. Cannon, Assistant Engineer, stated that a traffic evaluation of the Prospect Hill Road area
will be folded into a School Department Study that includes looking at traffic and pedestrian
safety at Clarke and Bowman schools. Engineering has hired a surveyor to do a topographic
survey starting north of Outlook Drive along Prospect Hill Road past the Wachusett Drive circle
down to Marrett Road and across Marrett Road and end on the southerly side of Marrett Road to
define property lines and find the Town’s right-of-way. When the survey is complete,
Engineering will design sidewalks for both sides of the street and then decide which side of the
street is most feasible for a sidewalk. The survey is currently scheduled to occur in the next
couple of weeks. The next step would be a feasibility study.
Selectmen’s Meeting – June 30, 2014
Funding for REV/Alewife Shuttle
Ms. Tintocalis, Economic Development director, explained that last year the 128 Business
Council and her office secured a federal grant to fund a pilot commuter shuttle, the REV Bus,
between Alewife and Hartwell Avenue businesses. Unfortunately the federal grant will not be
available for REV’s second season. The Economic Development Office is working with
property owners to cover 60 percent of the costs for a second season ($103,680) and the Town is
being asked to contribute the remaining 40 percent to support the service (approximately
$69,120). Total cost to run the REV for one year is approximately $172,000.
Since its launch in September 2013 (200 riders) through May 2014 ridership has increased by
300 percent with 840 riders in May 2014. Commercial brokers report that the shuttle service has
been a critical selling point for the growing number of tenants that desire to connect to the
talented workforce living in the inner core.
Staff is requesting approval from the Selectmen to approve funding this request and to use
Transportation Demand Management (TDM) funds to pay the $69,120, contingent on 60 percent
of the funds coming from the property owners. This proposal has been discussed with the
Transportation Advisory Committee and they support the use of TDM funds.
Mr. Kelley asked if there was a way to document who uses the REV so that those businesses
could be asked to contribute to the program.
Ms. Tintocalis will look into. If property owners make a contribution their tenants can ride at a
discount rate but the program allows for other property owner riders to use the REV at a higher
rate.
Mr. Kelley asked about the guaranteed ride home with this program. Ms. Tintocalis responded
that the 128 Business Council’s REV Service includes benefits and one is a guarantee ride home
and if a property owner participates the benefit extends to the employees of that building. Mr.
Kelley believes that would be a real value to property owners.
Mr. Kelley asked if the program is cost effective and whether the Town should explore putting
the service in the hands of the Transportation Advisory Committee (TAC) and bid for a vehicle
to do the REV run along Hartwell Avenue in the mornings and afternoons and use it in the
middle of the say for seniors
Ms. Mauger requested that TAC look into the possibility and come back to the Selectmen with
recommendations and the economic development ramifications.
Mr. Pato agrees that the Town needs to look creatively at other ways to remove single occupancy
cars and hopes alternatives can be explored. There needs to be time to build ridership with the
REV and to continue to try and get there, but if it is not enough there should be alternatives that
TAC and staff can explore.
Selectmen’s Meeting – June 30, 2014
Ms. Ciccolo is in favor of using TDM funds to keep the REV going for another year. The
growth in ridership talks of the need; there is also a need to get cars off the roads and for
alternatives in transportation. She asked if there would be opportunities to allow other riders
coming from alewife to Lexington to use the REV, which would be an additional benefit to the
community.
Ms. Tintocalis agrees and is exploring the possibility of maximizing the service by allowing
deadhead reverse trips and to pick up residents. If the shuttle can be continued and the funds are
secured from the property owners, she will rigorously explore all options for the service.
Mr. Cohen asked if use of the TDM funds would need Town Meeting approval.
Mr. Valente agreed there was a timing issue. The Appropriation Committee will discuss at their
July 10 meeting pending Selectmen approval. One option is to cover the TDM funds through a
reserve fund transfer and restore the funds at a subsequent Town Meeting.
Ms. Mauger feels it is an important experiment that should be continued. The State needs to
provide additional funding for transportation and infrastructure.
Ms. McKenna, 9 Hancock Street, supports continuing the shuttle service but cautions against
using TDM funds that should be used for Lexpress unforeseen expenses.
Upon motion duly made and seconded, it was voted 5-0 to approve the contribution of $69,120
from the Transportation Demand Management Fund subject to Town Meeting appropriation.
Approve LexMedia Contract
Mr. Pogran, Chair of the Communications Advisory Committee (CAC), stated that the CAC held
a Performance Review of the Lexington Community Media Center (LexMedia) that included a
public hearing on April 29 and also included written comments received after the hearing. All
comments received were positive. The CAC concluded that LexMedia is doing an excellent job
and has shown good stewardship of the funds they are provided. The CAC recommends
approval of a three year extension between the Town and the LexMedia and also an increase in
the schedule of payments by $40,000 to a total of $385,000 to cover increases in staff costs
driven by a compensation study conducted by LexMedia. Annual revenue posted to the Town’s
PEG Access Fund is sufficient to cover the increase in contractual costs.
Upon motion duly made and seconded, it was voted 5-0 to approve and authorize the Town
Manager to sign the extension of the Lexington Cable Access Agreement between the Town of
Lexington and the Lexington Community Media center (LexMedia) from July 1, 2014 through
June 30, 2017.
Selectmen’s Meeting – June 30, 2014
Update from LexHAB on Affordable Housing on Fairview
Mr. Kennedy, Co-Chair of the Lexington Housing Assistance Board (LexHAB), updated the
Selectmen on the two affordable housing projects they are working on: Fairview Avenue and
Busa properties.
LexHAB is in the process of preparing an application to the Department of Housing and
Community Development (DHCD) for a 40b project on the Busa property.
The Department of Housing and Community Development approved LexHAB’s application for
project eligibility under the Local Initiative Program (LIP) for the proposed Fairview project of
four units.
LexHAB plans to hold a lottery to fill the Fairview units. If necessary they will have two
lotteries; one lottery for the metro area and one for Lexington residents, both must meet income
qualifications.
Ms. Ciccolo asked if the Regional Housing Services Office was helping with the lottery. Mr.
Kennedy stated Metro West Development was helping with the lottery and the Regional Housing
Services Office helps to make sure the Town and DHCD understandings are the same.
Mr. Kennedy reviewed the suggested timeline for the Fairview project; LexHAB is currently
preparing information for a Board of Appeals hearing in August. They hope to start construction
in November and to lease the units in September 2015.
Discuss Tourism Committee Parking Pilot
Ms. McKenna, Chair of the Tourism Committee; Ms. Bohart, Executive Director of the Chamber
of Commerce; and Ms. Traber, Liberty Ride Program Coordinator, requested permission to try a
pilot program for parking at the Visitors Center through the end of the season on October 26,
2014. They explained that currently there is a parking program that directs visitors to park in the
Depot Square lot. Visitors looking for the Chamber of Commerce at 1875 Mass. Avenue will
find themselves on Meriam Street with no entrance to parking.
The request is to create six 30-minute parking spaces near the Visitor Center by pushing back the
barriers at the Meriam Street parking lot to create the six metered spaces. This change would
accommodate visitor parking needs by providing a safe vehicle exit to find information and get
questions answered, avoid negative first impressions and provide parking for local businesses for
residents doing errands. The data gathered from this pilot could be instructive in the long-range
plans for parking in the center. Ms. McKenna mentioned that John Livsey said he would look to
see if there were any potential parking spots on Meriam Street that could be used for short-term
parking.
Selectmen’s Meeting – June 30, 2014
Mr. Kelley hopes that this request could be done quickly to accommodate visitors and address an
immediate need. Mr. Pato supports the pilot program but wants to make sure this request is
compatible with the proposed parking plan for the center. He also suggested that the meters
include some free time.
Ms. Tintocalis, Economic Development Director, stated that the Parking Management Group
(PMG) has not discussed the pilot program and that the concern would be the number of spaces
impacted because of the stacking system currently used in the lot and any concern of the PMG
whether municipal slots would be lost. If the pilot program can be done without impact to the lot
the PMG would support. The PMG is willing to schedule a meeting next week to make sure the
parking pilot would be in sync with proposed parking plan.
Ms. Ciccolo is intrigued by the proposal to help tourists but is concerned about approving
without input from the PMG and would favor the PMG scheduling a meeting to review the pilot
program before the Selectmen approve it.
Ms. Mauger is sympathetic to the issue but asked how success could be measured. She thinks
that residents will fill the spaces all day. The program does not address the long-term issue of
parking in the center. She wonders how usage by visitors can be measured.
Ms. McKenna feels this is an opportunity for local businesses as well as visitors to park for short
periods. This pilot program also provides a safe location for cars to pull into to either park or
drop people off more safely than on the street and to turn around if necessary.
Ms. McKenna said the Visitor Center will be able to measure by asking visitors when they come
to the Visitor Center where they parked. It is also a time of year when tourists come to Lexington
and residents leave for vacation.
Mr. Valente will need some time to have Police and Engineering look at whether meters could be
installed quickly. The pilot program also needs to be vetted by staff and would need one to two
weeks to answer the Board’s questions.
The Selectmen are enthusiastic about the idea and would like the process to move forward. They
asked Mr. Valente to come back to the Selectmen’s next meeting after vetting with staff and the
PMG with additional information so the Selectmen can vote on the Pilot Program.
Ms. Ciccolo felt it would be helpful if the Visitor Center staff could survey visitors about their
experience with parking and report back to the Selectmen.
Mr. Kanter, Precinct 7, asked if the suggested parking area was wide enough to maneuver a car
in and out of the 6 parking spaces.
Selectmen’s Meeting – June 30, 2014
Approve Year End Budget Transfers
Mr. Addelson, Assistant Town Manager of Finance, and staff reviewed the status of all
appropriations and identified those departments that are in need of transfers at year-end. The
three potential sources of transfers at year-end are: 3% Rule, Salary Adjustment Account, and
the Appropriation Committee’s Reserve Fund.
The proposed transfers needed are:
3% Rule Difference Comment
Employee $(85,370) For accelerated retirement of principal for one component
Benefits of the February 2013 bond issue
GF Debt $72,330
Principal
GF Debt Interest $13,040
Salary Difference Comment
Adjustment
Account
Library PS $52,000 COLA/Retro/Buyback
Planning PS $8,200 COLA/Retro/Buyback
Economic $2,500 COLA/Retro/Buyback
Development PS
TMO PS $4,000 COLA/Retro/Buyback
Finance PS $26,000 COLA/Retro/Buyback
Clerk $5,200 COLA/Retro/Buyback
IT PS $18,500 COLA/Retro/Buyback
Reserve Fund Difference Comment
Transfer
Unemployment $65,000 Unforeseen termination of Town employment during
probationary period; employee eligible for UI benefits
Property/Liability $11,000 Year-end auto endorsements, active year for replacing
Insurance vehicle stock. Difficult to plan with year-end billing,
moving to quarterly schedule next FY
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the proposed
FY2014 3% Rule, Salary Adjustment Account and Reserve Fund transfers, as presented.
Mr. Addelson also explained that the Town will end FY2014 with a snow and ice deficit of
$652,712. Staff recommends that the deficit be funded in FY2015 from a combination of the
$300,000 of FY2015 revenue set-aside for the prior fiscal year snow and ice deficit and final
FY2015 state aid in excess of FY2015 estimates.
Selectmen’s Meeting – June 30, 2014
Town Manager Appointment – Chief Information Officer
Mr. Valente announced that he will be appointing Donna Hooper to the position of Chief
Information Officer for the Information Technology Department. The position will be part of the
Town’s Senior Management Team.
Last year the Town Manager created an Employee Technology Committee to review all aspects
of the Town’s IT operations. One compelling conclusion was the ever-increasing internal and
external demands for technology-based approaches to service delivery and information
dissemination that has outstripped the capacity of the IT Department to respond efficiently,
effectively and timely. The report pointed out that there are inadequate resources for effective
management of projects to implement information management applications that yield
organization-wide benefits.
Ms. Hooper, through her work on the Senior Management Team, has devoted considerable time
assisting Town Departments in implementing a variety of information management applications,
as time permits, given her demands as the Town Clerk.
With this appointment, the process will begin to recruit for a new Town Clerk.
Appointment/Resignation – Sidewalk Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Jerrold Van
Hook from the Sidewalk Committee, effective immediately.
Upon motion duly made and seconded, it was voted 5-0 to appoint Craig Weeks to the Sidewalk
Committee to fill the unexpired term of Jerrold Van Hook until September 30, 2015.
Appoint Special Counsel – Kopelman & Paige
Mr. Valente explained that the Building Commissioner has requested Town Counsel’s advice on
a cell tower/Federal Communications Commission (FCC) regulations matter regarding AT&T.
Anderson and Kreiger is unable to provide the legal service because they represent AT&T in
other matters and have a conflict. Kopelman and Paige, who provide town counsel services to
many municipalities, have agreed to assist the Town in this matter.
Upon motion duly made and seconded, it was voted 5-0 to approve Kopelman and Paige as
special legal counsel to the Town for the AT&T cell tower/FCC regulations matter, and
authorize the Town Manager to sign the terms of Engagement with this firm.
Selectmen’s Meeting – June 30, 2014
Approve Cost of Living Adjustment for Non-Represented Employees
Ms. Casey, Human Resources Director, explained that this request is for a 2% cost of living
adjustment for non-represented staff for FY2015.
Upon motion duly made and seconded, it was voted 5-0 to approve and authorize a 2% cost of
living adjustment for non-represented employees for FY 2015.
Approve Collective Bargaining Agreement for Crossing Guards
Ms. Casey, Human Resources Director, explained that the Town and the School Crossing Guards
reached a three-year collective bargaining agreement for the period FY2014 to FY2016, which
provides a 1% cost of living adjustment in FY 2014, a 2% cost of living adjustment for FY2015
and FY2016, and a change to the detail assignment process to create equity among all part-time
Police Department employees. The association membership has voted to accept this contract
settlement.
Upon motion duly made and seconded, it was voted 5-0 to approve and authorize the Town
Manager to sign the collective bargaining agreement between the Town and the School Crossing
Guards for the period FY2014 through FY2016.
Approve Common Victualler and Entertainment Licenses for Beijing Chinese Dining
Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler
License and Entertainment License for GL Gourmet Group LLC, d/b/a Beijing Chinese Dining,
1709 Massachusetts Avenue.
Approve Town Manager Appointments
Board of Health
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Sharon MacKenzie to the Board of Health for a term to expire April 30, 2017.
Permanent Building Committee
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Jonathan Himmel to the Permanent Building Committee for a term to expire
June 30, 2017.
Recreation Committee
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Lisah Rhodes to the Recreation Committee for a term to expire May 31, 2017.
Selectmen’s Meeting – June 30, 2014
Youth Commission
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Shannon DeGuglielmo to the Youth Commission for a term to expire April 30,
2017.
Approve Town Manager Evaluation
Ms. Mauger explained that each Board member was asked to send their evaluation of the Town
Manager to her and she compiled that information into the proposed Town Manager Evaluation.
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Town
Manager’s Evaluation for FY2011 through FY2014 as follows:
As in our last evaluation, the Board has high praise for your performance and believes that
Lexington benefits greatly with you as our Town Manager. We note that you have met all but
one of your 2012 written goals, and the one exception (use of the Hartwell Avenue municipal
land site) is in process. We applaud your accomplishments. More specific feedback follows:
Management of Town Finances
As has been the case in all previous evaluations, you excel in managing our finances. We
appreciate the prudent use of our various stabilization funds, the management of our debt, and
the thoughtful and collaborative approach for our budget process. Good planning and good
oversight has once again made it possible to avoid the need for an override. Our bond rating
continues to remain strong. Further, we have been appreciative of your work with Mr. Addelson
in identifying funding for the various extraordinary expenses that have occurred. Two members
note that the staffing level in our finance department, given the budget for the Town, is small.
While we are appreciative of the work of our finance staff, we may want to consider adding
additional staff to the department.
Two members would like further attention to be paid to how we present financial information to
the broader community. One member believes that PIRs, although occasionally costly, can result
in creative thinking and more innovation from staff.
Communication with Selectmen
Your written materials are clear and concise. You are diligent in providing timely Information to
the Board. As always, you keep the Selectmen well informed of what is happening in Lexington
and how you propose to solve problems. You work well with the Chairman of the Board of
Selectmen and frequently seek input from Board members on various matters. One member
notes that the timeliness and clarity of your communication, while always excellent, is getting
even better.
Selectmen’s Meeting – June 30, 2014
Communication with Other Boards, Committees and Officers
You deserve high marks for your communication skills with others. Despite a heavy workload,
you are always available to any interested person or group. You strive for inclusivity and model
a patient, professional and positive outlook with all.
Negotiations
Labor negotiations take an inordinate amount of time every year. You continue to perform well
in this area and the Board understands how demanding this is of your time and patience.
Community Relations
The positive feedback we provided in terms of your work with other Boards, Committees and
Officers also applies to your work with all members of our community. We are quite impressed
with how available you are for the many civic and business events that occur in Lexington. Two
members think it may be possible to relieve you of some of the time demands for some of these
events by continuing to have members of the Senior Management Team appear on your behalf.
Personnel and Management/Leadership
The Board applauds your approach to transition planning for senior staff members. We believe
re-organization efforts made to date in various departments have been worthwhile. Further, we
are impressed with many of the new hires. Some members, one in particular, strongly encourage
you to consider additional staff support in the area of land management in order to ease the
workload. One member also recommends a review of the hiring and promotion process to see if
time efficiency can be gained.
We appreciate the good working relationships you have with all the staff, and see their respect
for your management approach and professionalism. We very much appreciate the
organizational culture you have created with a commitment to civil discourse and patience in
dealing with all members of our community.
Problem Solving, Innovation & Decision Making
We note and praise your immediate response to any problem or issue directed to you by the
Board. We appreciate your presentation of your recommendations and the explanation of how
you approached the issue and who provided you with advice and/or information. One member
believes that it may be time for a review of our policies and procedures to see if they get in the
way of innovative thinking. The function of committees and their demands on staff time may be
an area that you and the Selectmen should examine.
Personal, Professional and Organizational Expertise and Integrity
You have the reputation as being one of the best Town Managers in Massachusetts. Our
evaluation reinforces this reputation. We appreciate your continued active work in national and
state municipal management associations. As in all prior evaluations, we note that you “maintain
Selectmen’s Meeting – June 30, 2014
high standards of ethics, honesty and integrity in all professional matters.” You also “exercise
fair and unbiased professional judgment in providing services and arriving at decisions.” Your
leadership in these areas has created an organization of which we and you should be proud. In
virtually all areas, Lexington leads in its exemplary organizational behavior and professionalism.
In conclusion, we give high praise for your performance and look forward to your continued
leadership.”
Mr. Cohen thanked Mr. Valente for the outstanding job he does and feels Lexington is very
lucky to have him.
Mr. Pato remarked that the evaluation addresses substance but wanted to underscore and thank
Mr. Valente for his remarkable aplomb and how he quietly and respectfully interacts with
everyone.
Mr. Kelley agrees with the Selectmen comments and said it has been pleasure working with Mr.
Valente.
Ms. Ciccolo thanked Mr. Valente for making the Selectmen’s work so easy and she thanked him
for everything he does.
Ms. Mauger said it has been a pleasure working with Mr. Valente as Chairman of the Board. He
has a great sense of humor and is very patient. Because of the respect the Board has for the
Town Manager, Ms. Mauger encouraged the Town Manager to submit Program Improvement
Requests to hire more senior level staff to support the Town Manager’s organization and reduce
his workload some.
Mr. Valente thanked the Board for their kind comments. He thanked his staff for their work in
putting together the budget so he looks good when he presents it at Town Meeting. He said it
has been a pleasure working with all Selectmen who have been very dedicated and work long
hours serving the community so well which makes his job easier and enjoyable.
Consent Agenda
Approve Water and Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted 5-0 to approve the following water and
sewer adjustments:
Adjustments of Water and Sewer Charges as recommended by WSAB ($57,799.38)
Approve One-Day Liquor License – Cotting School
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
the Cotting School to serve beer on Sunday, October 5, 2014, for a Chili Cook-Off fundraiser
from 1:00 p.m. to 3:30 p.m. at the Cotting School, 453 Concord Avenue.
Selectmen’s Meeting – June 30, 2014
Approve Use of the Battle Green – Lexington Minute Men
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington
Minute Men to use the Battle Green on Saturday, October 4, 2014, from 12:00 noon to 4:00 p.m.
for a Change of Command ceremony.
Approve Grand Agreement – Lexington Housing Authority
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Grant
Agreement between the Town of Lexington and the Lexington Housing Authority for the
Vynebrooke Village renovation project.
Approve Lowering of Battle Green Flag for Rick Abrams
Upon motion duly made and seconded, it was voted 5-0 to approve that the Battle Green flag was
lowered on Wednesday, June 18, 2014, in memory of Rick Abrams who passed away on June
15, 2014.
Approve Certificates for Flags Flown Over Battle Green Army Retirees
Upon motion duly made and seconded, it was voted 5-0 to approve and sign certificates for flags
that were flown over the Battle Green on June 20, 2014 for Army Colonel William C. Slade who
is retiring after 27 years of service and Army Captain Justin M. Fitch who is retiring after 9 years
of service.
Approve Commemorative Tree Naming – Cary Memorial Building
Upon motion duly made and seconded, it was voted 5-0 to approve the Commemorative Tree tag
with the type of tree and that it was given by John and Marjorie Nickles for a tree planted on the
lawn in front of the Cary Memorial Building.
Selectmen Mauger to Resign
Ms. Mauger announced that she will be resigning from the Board of Selectmen effective July 13,
2014. She is leaving with mixed feelings but recently received an opportunity to further her
personal dreams and which will allow her to address some family issues. She will submit her
resignation to the Town Clerk with mixed feelings. She said it has been a privilege and honor to
serve Lexington.
Documents Received
1.Regional Housing Services Office – Lexington Update: June 30, 2014.
2.Parking Pilot Request – Slides presented by the Tourism Committee
Selectmen’s Meeting – June 30, 2014
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session
to consider the purchase, exchange, lease or value of real property regarding property for a Fire
Station and to discuss collective bargaining matters regarding the Fire Union, and to reconvene
in Open Session only to adjourn. Further, the Chairman declared that an open meeting may have
a detrimental effect on the negotiating and bargaining position of the Town.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:14 p.m.
A true record; Attest
Lynne A. Pease
Executive Clerk