HomeMy WebLinkAbout2015-08-BOS-min
Selectmen’s Meeting
August 3, 2015
A regular meeting of the Board of Selectmen was held on Monday, August 3, 2015, at 6:30 p.m.
in the Selectmen Meeting Room of the Town Office Building. Chairman Pato, Mr. Kelley, Mr.
Cohen, Ms. Ciccolo and Ms. Barry; and 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 and to reconvene in open
session. Further the Chairman declared that an open meeting discussion may have a detrimental
effect on the negotiating position of the Town.
Selectmen Concerns and Liaison Reports
Mr. Pato reported on the many activities in Lexington Center over the weekend and how well
they were attended, including the new activities in the Grain Mill Alley. He also praised the
Visitor Center for remaining open later on Friday nights to allow use of the restrooms and for
purchasing merchandise.
Town Manager Report
Mr. Valente reported that the Police Department will be hosting a five-day youth summer
academy August 17-21 to introduce the many facets of the law enforcement explorer program
and public safety. The camp will be held at the Community Center.
Request for a New Streetlight at Hancock Church Driveway
Mr. Pinsonneault, Public Works Manager of Operations, received a request from the Hancock
Church to install a new streetlight on Massachusetts Avenue, north of the Hancock Church to
provide better visibility on the edge of the common for the safety of drivers and pedestrians.
Public Works recommends installing a new streetlight that matches the existing concrete post
and light in an area that will not shine into the abutter’s home. The total cost is approximately
$9,000. Hancock Church has agreed to pay 10% of the total cost up to $1400.
The Town Engineer does not see the installation of this new streetlight affecting the Streetscape
project.
The Selectmen asked about the Battle Green Master Plan which will be looking at uniform
lighting. Mr. Pinsonneault stated that the Battle Green Master Plan will only be looking at
lighting directly on the Battle Green.
Mr. Kelley will abstain from the vote since he is a member of the Hancock Church.
Selectmen’s Meeting – August 3, 2015
Upon motion duly made and seconded, it was voted 5-0 to approve the installation of a new
streetlight at the driveway to the Hancock Church, as presented.
Update on Public Information Meeting Regarding Minuteman Statue and Monument
Mr. Pinsonneault, Public Works Manager of Operations, has scheduled a public information
meeting on Wednesday, September 9, 2015, at 7:00 p.m. to gather input from the community on
whether the Minute Man Statute finish should be left as it is or returned to bronze. The project
includes sealing the statue to stop any deterioration.
After public information meeting Mr. Pinsonneault will return to the Board with a
recommendation. The work will not be done until after the Patriots Day events in 2016.
Mr. Kanter, Capital Expenditures Committee member and Precinct 7 Town Meeting Member,
asked about whether the Minute Man Statue horse trough will be discussed. Mr. Pinsonneault
responded that is part of the Battle Green Master Plan work, which is separate funding from the
Minute Man Statue repair.
Transportation Safety Group Recommendation (Bridge School/Middleby Road Parking
Regulation
Mr. Valente explained that the Transportation Safety Group (TSG) is proposing to amend the
parking regulation on Middleby Road, by the Bridge School, in conformance with the School
traffic safety plan being developed for each school.
TSG recommends replacing the “No Parking” designation with “Emergency Stopping Only”.
The section of Middleby Road where the signs are located is both winding and only 22 feet wide.
The intent of the Bridge School on-site improvements (which includes expanding the number of
parking spaces), coupled with the on-street regulations, is to encourage drop off/pick up and
parking on the school campus. This signage would encourage this behavior not only during
school hours but on evenings and weekends when activities are taking place at the school.
The two residential abutters have been contacted regarding the proposed change in the parking
regulation and have indicated their support.
Ms. Ciccolo was concerned about the possible increase in speed with the changes. She asked
that it be monitored and if necessary consider adding parking spaces on one side of Middleby
Road which will slow the speeds.
Selectmen’s Meeting – August 3, 2015
Upon motion duly made and seconded, it was voted 5-0 to approve recommendation of the
Transportation Safety Group to amend the parking regulation on Middleby Road by removing
“No Parking” and No Parking Here to Crosswalk” signs and installing “Emergency Stopping
Only” signs on the north and south side of Middleby Road.
Visitors Center FY2015 Financial Report
Ms. Tintocalis, Economic Development Director, and Ms. Rynn, Visitor Center Manager,
provided an update on the operations of the Visitors Center for September 22, 2014 through June
30, 2015 since the Town took over the operations from the Chamber of Commerce.
The net cost of the Visitors Center for FY2015 was $2,210, but monthly sales have been
increasing since June. Based on the People Counter, there were 114,772 visitors in FY2015.
Recent improvements include: a visible “Open” sign, collaboration with the Historical Society,
an increase in Lexington products, being a point of sale for tickets and a new poster that
organizes information for the public.
Future improvements include: point of sale software, developing a web presence, exploring
integration with the Liberty Ride, collaboration on the Visitors Center renovation, and continue
to collect and analyze data to make merchandise and strategic adjustments.
The Board congratulated the efforts of Ms. Tintocalis and Ms. Rynn at the Visitors Center and
feel it has proven its potential and value for the community.
Minuteman Regional High School Update
Mr. Horton, Minuteman School Committee Member Representing Lexington, updated the Board
on the Minuteman High School proposed building project. He provided the Board with a report
on the Enrollment Resolution Facts, including the two learning academies and what programs are
included in each.
He provided a timeline for the building project from now through next spring. August 6 the
MSBA will vote on whether to approve the project. If the MSBA approves the project, at the
September 8 Minuteman Regional High School Committee meeting Education Alliance will
present a draft document that covers the rationale for a 628 student school, the career academy
model, the financial and education consequences of a failed building program and what that
would mean to the school’s accreditation, the impact of not having a new building, the financial
impact and what the cost to the towns and citizens would be and the trigger points for major
repairs to bring the Minuteman School up to current codes and if the project fails what the towns
would be asked to pay.
Selectmen’s Meeting – August 3, 2015
On September 8 the Minuteman Regional School Committee will also review the results of a
telephone public opinion survey being prepared by DAPA Research regarding citizen knowledge
of the Minuteman Regional School and gauging whether there is support for the building project.
The Minuteman Regional School Committee will also discuss on September 8 how to move the
project forward and engage all the district towns through December 2015.
No decision on a district vote will be made until December. They want to provide all of the
information to the member cities and towns and try to get everyone’s support. At the December
Minuteman Regional School Committee meeting they will review the progress and see if there is
support for the building project and vote on whether to send the proposed school project to each
member community for a Town Meeting vote or to call for a District wide vote. All 16 member
communities have to support the project for it to move forward. If a district wide vote is taken
only 51 percent of the total of votes from all the member communities would be needed for the
project to move forward.
If the MSBA approves the project on August 6, schematic drawings would be ready by
December and would be available to all member communities
Mr. Cohen hopes that Lexington will support the proposed Minuteman school project. He
supports the proposed 628 student school so that it is able to offer enough programs. He
supports the District-wide vote if the 16 member communities do not all support. He also thinks
Lexington and the other communities should make sure their high schools have space for the
students that currently go to Minuteman and to also think about providing some of the programs
that Minuteman offers.
Mr. Kelley supports the Minuteman Regional High School and that the 628 student population is
the appropriate size to do adequate programs. He asked how many out-of-districts students
would be include in a 628 student school.
Mr. Horton responded that initially 40 percent of the students would be out-of-district, but the
goal and aim is to increase the district participation. Also out-of-district communities will be
asked to pay capital costs.
Mr. Kelley asked what the stumbling block is for the 16 member communities with letting some
member communities go if the burden is equally shared by all in and out-of district.
Mr. Horton stated that the downside for communities who want to get out of the regional
agreement is that they will not be able to send students if the school is full. It there is space
available they would also be responsible for transportation costs. Minuteman Regional High
School is planning to have Inter-municipal Agreements with non-member communities using a
formula to recoup as much money as they can for capital improvements.
Selectmen’s Meeting – August 3, 2015
Mr. Kanter, as a member of the Capital Expenditures Committee, asked if funds were available
for project design if the MSBA approves the project on August 6 and has the MSBA given any
indication that the member communities’ comments will have a bearing on the MSBA vote?
Mr. Horton stated that the information from MSBA indicates they will accept the proposed 628
enrollment figure option and will vote favorably. Funds have already been approved to do the
schematic design work.
The next step in the MSBA process if they approve the proposed 628 student building, is to
prepare full engineering documents.
The Board does not wish to respond to any correspondence as this time. They will consider the
information provided at this meeting and reconsider later if want to provide a vocal position
later.
Discussion of School District Building Projects Plan
There was no new or additional information to discuss.
Review Goal Setting Items
Mr. Valente provided the Board with a preliminary list of goals for FY2016 to FY2017 that came
from the July 1 Goal Setting Meeting. The goals are in three sections: preliminary priority
goals, preliminary planning and zoning goals and other goals discussed.
The Preliminary Planning and Zoning Goals will be discussed at a joint meeting with the
Planning Board in the near future.
At the last Selectmen’s meeting the Board was asked to prioritize their goals and select two to
three top goals to work on.
Mr. Cohen’s top priorities are:
1.Affordability for Residents (2) – how to finance an override
2.Public Safety Facilities (3) – extremely important and need to focus on
3.Business Growth (22) – make sure doing what can to attract business on Hartwell Avenue
and all commercial areas;
Mr. Pato working on two motivating factors: community stewards for fiscal, capital and physical
basis and social community stewards and how to keep functioning in a civil and positive way.
He would like to focus on moving sustainability forward to serve the community long-term and
globally; deal with public safety facilities and focus on public safety for residents and visitors
with respect to complete streets, sidewalks and other safety issues; and to do all the above within
Selectmen’s Meeting – August 3, 2015
the Town’s means and to be fiscally responsible. The Board needs to engage with the
community to find out what goals are acceptable to them. The Board needs to focus on diversity
and integrating the entire community from all perspectives on what diversity means and to work
on the logistics of the committee processes to make sure committee structures function
effectively for efficiency, communication and diversity.
Ms. Barry’s top priorities are:
1.Public Safety – public safety buildings and also complete streets and sidewalks
2.Community
3.Inclusiveness – demographics and financial inclusiveness for all ages
If she has to prioritize her goals are:
1.Public Safety Facilities
2.Public Information and Communication
3.Affordability for the Residents
Ms. Ciccolo looked at how to compliment what work is currently going on and which goals to
tackle first. She would like to hear from staff where they would place emphasis on goals and
where they need the Board’s input for policy setting or guidance as leaders of the communities
before she can refine the goals further. She feels it is important as the school process moves
forward to have a sustainability policy to help guide the design. Also the State will be releasing
funds for the Complete Streets, which is expected in September; if the Town wants to participate
there needs to be a policy.
Mr. Kelley wants to continue being considerate of stakeholders. He wants to continue focusing
on and responding to complete streets, safety resolution, debates on the Center Streetscape and
East Lexington Massachusetts Avenue Intersection Projects and schools. The Board needs to
focus on the financial burden that all of these projects will mean to the community on the tax
levy. He suggested it would be helpful to have an exercise in the early fall to look at the burdens
to the community, including the additional operating costs to handle the school enrollment
challenges and see what the community is willing to endorse. His priority is with understanding
the financial consequences that the community feels are important to embrace. He also supports
business growth and thinks the Economic Development Department has been doing a good job
and should be supported.
Mr. Pato will meet with each Selectmen individually to talk about their individual goals, how to
approach and move the goal forward. He will report back to the full board at the September 9
Selectmen meeting.
Selectmen’s Meeting – August 3, 2015
Authorize MWRA Sewer Loan
The Department of Public Works will be soliciting bids for removal of infiltration and inflow
into its sewer lines in sewer basins 4, 5 and 14. The work is scheduled to begin fall 2015 at an
estimated construction cost of $1.565 million. In May 2015 the MWRA made a zero interest
loan/grant to the Town in the amount of $1,305,000 of which $586,000 is to be applied against
construction costs. The MWRA has made available an additional loan/grant of $979,000 to
apply toward the remaining construction costs of which $244,750 is the zero interest loan portion
and $734,250 is the grant portion.
The Purpose of this item is to seek the Board’s approval to borrow the loan portion against
Article 12a of the 2014 Annual Town Meeting, the annual authorization for wastewater system
improvements.
Upon motion duly made and seconded, it was voted 5-0 that the sale of the $244,750 Sewer
Bond of the Town dated August 17, 2015, to the Massachusetts Water Resources Authority (the
“Authority”) is hereby approved and the Town Treasurer is authorized to execute on behalf of
the Town a Loan Agreement and a Financial Assistance Agreement with the Authority with
respect to the bond. The bond shall be payable without interest on August 15 of the years and in
the principal amounts as follows:
Year Installment Year Installment
2016 $24,475 2021 $24,475
2017 24,475 2022 24,475
2018 24,475 2023 24,475
2019 24,475 2024 24,475
2020 24,475 2025 24,475
It was further voted that each member of the Board of Selectmen, the Town Clerk and the Town
Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver
such certificates, receipts or other documents as may be determined by them, or any of them, to
be necessary or convenient to carry into effect the provisions of the foregoing vote.
Town Manager Evaluation
Mr. Pato stated the Board was uniform in its appreciation and admiration for the work Mr.
Valente does for Lexington. He looks forward to his continued leadership as Town Manager.
Ms. Barry, as the junior Selectman, thanked him for his willingness to provide time to answer all
her questions.
Mr. Cohen is glad he voted to appoint Mr. Valente as the Town Manager.
Mr. Kelley is glad Mr. Valente is here and said it has been a pleasure working with him.
Selectmen’s Meeting – August 3, 2015
Ms. Ciccolo feels Mr. Valente makes the Selectmen’s job easy and is one of the best Town
Manager’s in the State.
Mr. Valente read the following statement:
Thank you for your generous comments in my annual evaluation. Quite frankly, any
town manager’s ability to do his or her job is largely dependent on the support and
direction from their board of selectmen. As I mentioned when the Selectmen at the time
interviewed me for this position 10 ½ years ago, I see the Manager and Selectmen as flip
sides of the same coin. In Lexington I have been blessed to work with excellent boards
of Selectmen who have allowed me to practice a profession that I love.
The Selectmen are required by the Town’s charter to complete an evaluation of the
Manager each year. Equally important to me, however, is the feedback and direction the
Board as a whole and each of you individually provide during the other 51 weeks of the
year. I listen to those very constructive comments and will continue to challenge myself
to meet your expectations.
Much of my work is based on the outstanding efforts of the senior management team, the
staff in the Town Manager’s office, and the day to day efforts of the departmental staff. I
have the easy part of presenting the results of the work of our very talented employees
who I am fortunate to serve with.
Lastly, the Board of Selectmen’s support goes beyond just my position. The Board has
continually been supportive of the Town staff and the work that they do. That goes a long
way and a primary reason why Lexington is such a wonderful community to work in.
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
Evaluation for FY2015:
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. In the words of one
member of the Board – “same as last year, only better!” We note that you have met all of
your previously established written goals. In addition you have handled the unexpected
transfer of Visitor Center operations from the Chamber of Commerce to Town staff with
grace and efficiency. We applaud your accomplishments. More specific feedback
follows:
Management of Town Finances
As has been the case in all previous evaluations, the Board greatly appreciates your
methodical and cautious approach to managing our finances. We appreciate the prudent
use of our various stabilization funds, the management of our debt, and the thoughtful
Selectmen’s Meeting – August 3, 2015
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.
Several Board members observe that you rank at the top of your peer group in
understanding municipal finance and that you have done an excellent job over the years
in setting clear expectations and controlling budgetary creep. These skills will be tested
as the Town prepares to respond to the needs of our growing school population and the
demands of other long awaited projects.
Communication with Selectmen
Your communication with the Board is outstanding. You are well-prepared, clear,
concise, and take the time to make sure that issues are well understood. Board members
appreciate that you keep them in the loop and insure that information flow is timely.
Communication with Other Boards, Committees and Officers
You are a model for local government leadership. You strive for inclusiveness, are a
thoughtful listener, and are open to hearing new ways of considering things. You work
for consensus, but you also keep an eye on reaching closure.
Negotiations
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. You have
taken a personal interest in reaching out to the community and finding ways to make
town governance accessible to multiple cultural traditions. The Board compliments you
on how you reach out to community groups. You are equally available to the business
community as you are to cultural and ethnic groups, schools, public celebrations, and
other community programs.
Several members of the Board express concern over the amount of time this personal
level of engagement requires and encourage you to delegate participation in some events
to other members of the Senior Management Team.
Personnel and Management/Leadership
The Board greatly appreciates your leadership by example. You have created an
organizational culture that is committed to civil discourse, patience, and accessibility for
all. The long tenure for many senior staff speaks to your talent as a leader and a manager
who is fair minded and who encourages staff growth and development. Transition
planning for the retirement of key staff remains a critical objective. The Board applauds
Selectmen’s Meeting – August 3, 2015
the steps you have taken to re-organize and looks forward to you hiring a new Assistant
Town Manager for the planning, land management, and community development areas of
operation.
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 recommendations and the explanation of
how you approached the issue and who provided you with advice and/or information.
You have a high attention to detail and have a conservative approach to issues that is
generally well tuned to community need.
Decision making is the key area of responsibility for the Board. Several members of the
Board expressed the desire to improve our collaborative decision making processes and
believe it is an area for joint work. One member would reduce our reliance on
professional consultants and shift more tasks to citizen’s committees. Another member
encourages a review of lengthy processes that might be shortened and encourages taking
small risks to be more innovative.
Personal, Professional and Organizational Expertise and Integrity
You have the reputation as being one of the best Town Managers in Massachusetts. Our
evaluation agrees with and reinforces this reputation. As one member put it “overall,
Carl, I believe, is as good as they get.” We appreciate your continued active work in
national and state municipal management associations. As in all prior evaluations, we
note that you “maintain 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.
Selectmen Committee Resignation – 20/20 Vision Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Saatvik
Ahluwalia from the 20/20 Vision Committee, effective immediately.
Consent Agenda
Sign MPO Nomination Paper for Arlington
Upon motion duly made and seconded, it was voted 5-0 to approve the Chairman signing
Arlington’s MPO nomination paper for an “at-large” seat on the Metropolitan Planning
Organization.
Selectmen’s Meeting – August 3, 2015
Approve Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of May 18, 2018,
June 1, 2015, June 8, 2015, June 10, 2015, June 22, 2015, June 29, 2015, July 1, 2015 and July 6,
2015, including non-substantive editorial changes.
Approve Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of June 8, 2015, June 22, 2015 and July 6, 2015.
Approve Releasing Executive Session Minutes from 2012
Upon motion duly made and seconded, it was voted 5-0 to approve releasing the following
executive session minutes from 2012: January 9, 11, 18, 23 and 30; February 13 and 27 (partial),
March 28; April 23 and 25; May 3, 21 and 24; June 4 and 5; July 24 and 30; September 10;
October 1 and 22; November 5, 13 and 20; and December 3 and 17.
Documents Presented
1.Lexington’s Visitors Center Town Review of Transition/Operations for FY2015.
2.Minuteman Enrollment Resolution Facts: The Determination of the 628 Student Design
Enrollment Number.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:00 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
August 25, 2015
A joint meeting of the Board of Selectmen and School Committee was held on Tuesday, August
25, 2015, at 6:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman
Pato, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; and Mr. Valente, Town Manager,
were present.
Also Present: School Committee Members: Ms. Steigerwald, Chairman, Ms. Coppe, Ms.
Crocker and Mr. Alessandrini; Dr. Czajkowski, School Superintendent; Mr. Goddard, Public
Facilities Director; and Ms. Pilarski, Assistant Superintendent for Curriculum Instruction and
Professional Development.
Executive Session
Upon motion duly made and seconded, it was voted 4-0 (Ms. Barry arrived at 6:05 p.m.) by roll
call to go into executive session at 6:00 p.m. to consider the purchase, exchange, lease or value
of real property 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 5-0 to adjourn at 7:55 p.m.
A true record; Attest:
Norman P. Cohen
Selectman
Selectmen’s Meeting
August 31, 2015
A regular meeting of the Board of Selectmen was held on Monday, August 31, 2015, at 7:00
p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Pato, Mr. Kelley,
Mr. Cohen, Ms. Ciccolo and Ms. Barry; and Ms. Vine, Deputy Town Manager; and Ms. Pease,
Executive Clerk, were present.
Public Comment
Mr. Pressman, 22 Locust Avenue, requested the Board include a warrant article on the next
Town Meeting to move forward affordable housing on the Leary property.
Selectmen Concerns and Liaison Reports
Mr. Cohen sadly reported the passing of two Lexington residents who contributed to the
community: Erna Green was Secretary for the Conservation Commission and later worked on
putting together the yearly Annual Reports; and Jan Howell was a major reason why the
METCO program has been so successful in Lexington as an advocate for racial equality and the
METCO Coordinator at Estabrook.
Ms. Barry reported that there will be a public meeting on Wednesday, September 9, 2015, at 7:00
p.m. in the Public Services Building Cafeteria to discuss the restoration of the Minuteman Statue
on the Lexington Battle Green and the Lexington Minutemen Monument adjacent to Buckman
Tavern.
Ms. Barry reported on the Fall 2015 Setback Tree and Street Tree Program. Residents can
request a setback tree to be planted on their property in their front yard; residents can also
request a street tree to be planted in the town-owned right of way in front of their home.
Requests are honored on a first come first served basis.
Ms. Barry reported that the Council for the Arts is beginning the 2016 Grant cycle and invites
residents to submit an application. Applications are available at the Selectmen’s Office or from
the Council for the Arts website (blog.artslexington.org). The website also includes lots of
additional information about arts around town.
Ms. Barry attended a Superintendent’s House Call where the new School Superintendent came to
a resident’s home and listened to about 30 residents discuss issues and concerns of the
community. The new Superintendent introduced herself. She plans to do additional House
Calls. Residents can contact the Superintendent’s Office regarding scheduling or attending a
meeting.
Ms. Barry, Mr. Cohen and Mr. Pato attended the Lexington Public Schools Opening Day
Ceremonies held in the morning. They wished the Administration, Teachers and 6900 students a
great year.
Selectmen’s Meeting – August 31, 2015
Mr. Pato reported that he attended the LexFarm Block Party to look at the produce and activities
at the farm. He also saw the first presence of East Lexington Community Association at the
Block Party and encouraged residents to get involved.
Mr. Pato attended a meeting last week to examine the proposed sidewalk materials for the Cary
Memorial Building. There have been many discussions between the Selectmen, Commission on
Disability and the Historic Districts Commission on the type of exposed aggregate concrete and
brick edging to be used. Sample panels have been poured and can be looked at in front of Cary
Memorial Building. Another section will be poured from the non-public Police Entrance to the
Cary Memorial Building using the preferred treatment to see if it is smooth enough for those
with disabilities. He hopes a final conclusion is reached shortly so the sidewalk can be poured.
Mr. Pato reminded residents and Town Meeting Members that November 2, 9 and 16 have been
reserved as potential Special Town Meeting dates. The Special Town Meeting is driven by the
school projects but may also include articles for the following: zoning, land acquisition, Wayland
request to leave the Minuteman Regional High School District and some housekeeping articles.
Town Manager Report
Ms. Vine congratulated Wendy Heiger-Bernays, Chair of the Board of Health, who was
appointed as an American Association for the Advancement of Science-Executive Branch
Fellowship for the 2015-2016 academic year. She will be assigned to the U.S. EPA, Office of
Science Coordination & Policy, Office of Chemical Safety & Pollution Prevention in
Washington DC. She will continue to serve on the Board of Health and come back from DC for
the monthly meetings.
Grant of Location – NStar – Maguire Road/Hartwell Avenue
Ms. Carroll, representing Eversource Energy, requested approval of the petition to install
approximately 117 feet of conduit in Maguire Road and 155 feet in Hartwell Avenue, which will
be used as the feed for the solar project at the Compost Facility. In addition to the feed, the
overhead wire running to the Compost Facility will be put underground for safety concerns.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Eversource
Energy, formerly NStar Electric Company, to construct, and a location for, a line of conduits and
manholes with the necessary wires and cables therein to be located in Maguire Road
southwesterly at pole 399/11 thence turning and running southwesterly approximately 57 feet
northwest of Hartwell Avenue, a distance of about 117 feet of conduit and Hartwell Avenue at
and southeasterly from Maguire Road, a distance of about 155 feet of conduit.
Selectmen Meeting – August 31, 2015
Grant of Location – National Grid – Belfry Terrace
Mr. Regan, Permit Representative for National Grid, requested approval to install 50 feet of 4
inch gas main in Belfry Terrace from the existing 4 inch main at House #15 northerly to House
#18 for a new gas service.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition of National Grid
to install and maintain approximately 50 feet more or less of 4 inch gas main in Belfry Terrace,
from the existing 4 inch main in Belfry Terrace, from the existing 4 inch main at house #15 to
House #18 for a new gas service.
Grant of Location – Verizon/Eversource – Philip Road
Ms. Correia, representing Verizon, requested approval for a joint petition with Eversource for the
installation of a new pole on Philip Road to service a new home at 10 Philip Road.
Mr. Shapiro, 17 Lantern Lane, owns the property where the recommended pole would be placed
and felt there were other options for the location of the pole other than his property.
Mr. Kelley suggested that Engineering Staff meet with Mr. Shapiro and Verizon and Eversource
representatives at the site to work out an alternative location for the new pole that is agreeable to
all parties.
The hearing will be continued to September 9, 2015 at 9:00 a.m. in the Selectmen’s Meeting
Room.
Mr. Pato adjourned the hearing at 7:35 p.m.
Public Hearing – Amendment to HOME Annual Action Plan
Ms. Rust, Regional Housing Services Office, explained that Lexington is currently in a regional
affordable housing consortium, receiving approximately $34,600 per year in federal HOME
funds. Given the limited amount of the grant, the Town has had few opportunities to expend the
funds; therefore the funds have gone to other members of the consortium. She is suggesting that
the Selectmen consider using HOME funds for a tenant-based rental assistance program to assist
those very low income families with financial assistance by way of a rental subsidy (first and last
month rent and security deposit) to help reduce and eliminate housing barriers. Eligible
applicants would be low income (60% AMI) households, who do not own property, have never
been granted assistance in the program and are not obligated to the Housing Authority for any
past due funds. Priority would be given to households with Lexington connections.
Avalon, Lexington Housing Authority and Lexington Housing Assistance Board properties
would be eligible for the program.
Selectmen Meeting – August 31, 2015
The security deposit would be returned to the resident if they moved because the administrative
cost of tracking that money would not be worth it.
Ms. Ciccolo thinks the program is a great idea but is uncomfortable with returning the security
deposit since it comes from public funds. She suggested paying first month rent and an
additional ½ of the rent. She hopes the project can move forward.
Mr. Kelley asked whether any of the funds have been used for home buyers. Mr. Henry,
Planning Director, responded that Lexington Courtyard had a down payment assistance program
that was funded by the Lexington Housing Foundation, a private money source, and that no
municipal money was used.
Mr. Kelley asked if these funds could be used for engineering and architectural work on the
Leary property.
Mr. Henry investigated using the HOME funds for the Leary property but LexHAB was not
interested in using the HOME Funds and it was ruled out of scope around 2008.
Ms. Ciccolo and Mr. Cohen asked that the assistance be given as rent, not a security deposit. It
is important that tenants pay a security deposit so that they maintain the apartment and it is in
good shape when they move out. They suggest giving Ms. Rust the flexibility to develop the
regulations with that in mind.
Upon motion duly made and seconded, it was voted 5-0 to approve modifying the HOME
Annual Action Plan to fund a Tenant-Based Rental Assistance Program with current HOME
funds of $34,671.
Ms. Rust hopes to return to the Selectmen in October to finalize the program and also to
announce the new program and prepare for outreach and publicity.
Mr. Pato closed the hearing at 8:00 p.m. There is a 30-day comment period following this
hearing.
Approve Regulatory Monitoring Report – Avalon and LexHAB
Ms. Rust, Regional Housing Services, explained that the Town is required to monitor affordable
housing units in town to determine whether the units are in compliance with their regulatory
agreements. The regulatory agreements largely require that rents meet affordability
requirements, tenant selection follow State and federal non-discrimination requirements, tenants
meet low and moderate income levels and that there is the proper documentation in place for
these requirements. The Town is required to do an annual certification.
Avalon continues to manage properties properly and are courteous, responsive and
accommodating during the monitoring process and has all the necessary documentation.
Selectmen Meeting – August 31, 2015
LexHAB has made significant improvements in compliance and processes and the relationship
with the Regional Housing Services continues to strengthen.
Upon motion duly made and seconded, it was voted 5-0 to certify, based on the information
provided to the Town, that each Low and Moderate Income Unit at Avalon Lexington, Lexington
Hills, and those units owned by the Lexington Housing Assistance Board (LexHAB) continue to
be a Low and Moderate Income Unit as provided in the regulatory agreements and that the
Project and Low and Moderate Income Units have been maintained in a manner consistent with
regulations and guidelines and this agreement.
The Selectmen are not opposed to the Town Manager receiving a summary of the Regulatory
Monitoring Report done annually for Avalon and LexHAB. Ms. Rust will work to submit a
summary report to the Town Manager next year.
Joint Meeting with Planning Board – Policy Priorities
Also Present: Planning Board Members: Ms. Corcoran-Ronchetti, Chair, Mr. Canale, Mr.
Dunn, Mr. Hornig, Ms. Johnson; and Mr. Henry, Planning Director.
Governmental/Civic Use Zoning Bylaw or Modification
Mr. Henry explained that last spring the proposed Bylaw for a governmental/civic use zone
almost passed. He learned from the Selectmen’s Goal Setting Meeting in July that the Selectmen
are interested in bringing it back for another Town Meeting vote. He has proposed to the
Planning Board a scaled back zone that does not include Town-owned properties.
Mr. Pato offered a summary of where the Selectmen were from the Goal Setting Meeting. The
proposal to Town Meeting included all Town owned land so the map for the new district
included a large percentage of the Town. The goal was to make sure there was some level of
Town control when properties change use.
Mr. Hornig provided his opinion since the Planning Board and staff have not discussed yet. He
would support bringing back the proposed district that was presented at the 2015 Annual Town
Meeting. His concerns are that removing the Town-owned land would show an incomplete
picture of governmental uses. Also he is concerned about adding privately owned land since
there have not been any discussions with the owners about the proposed changes and the
Planning Board has not talked through what the allowed uses would mean. There is no time to
have conversations before the Special Town Meeting.
Mr. Canale agrees with Mr. Hornig’s assessment of the Lexington-owned parcels and what is
suitable for residential use and what is not. The institutional civic piece makes sense because not
all of the parcels being talked about would be suitable for residential and so there should be some
oversight by the Town so if land changes use the Town has a say in the use. The Planning Board
needs to look at thresholds and what to include or not. It is a big job and the Planning Board and
Selectmen Meeting – August 31, 2015
staff have other things on their agenda. They are willing to try and work on but would like to
make sure the staff has the right amount of support.
Ms. Johnson feels the Government Civic Use District meets her goals for Lexington zoning
because it allows the Town more control and neighborhoods more control, but she does not want
the Town-owned land to have special treatment and the zoning should reflect the Lexington we
want. Conservation should be part of that district. The Planning Board needs time for a process
and outreach plan.
The Selectmen encouraged the Planning Board to work on bringing the Government Civic Use
District to the Annual Town Meeting. Mr. Kelley and Ms. Ciccolo offered to work with the
Planning Board on the evolution of the plan.
Center Diversity (Article 53 Bank Moratorium/Street Level Storefront Use)
Mr. Henry stated that attempts to get the working group together over the summer did not
happen. There will be a meeting scheduled soon to discuss the issues in more depth. Staff is
developing power points and relooking at data. They hope to bring findings and
recommendations to the working group and will need input from the public. There will need to
be policy input from the Board of Selectmen, Planning Board and Center Committee.
Mr. Pato reminded the Planning Board and staff that the moratorium will expire and there needs
to be action before the Annual Town Meeting. The Selectmen want to make sure it moves
forward quickly. He asked if the Planning Board wanted additional input or participation from
the Selectmen. Mr. Pato and Mr. Cohen will participate as needed on this project.
Parking Requirements in Zoning Bylaw
Mr. Pato stated that the Selectmen have been working on a Pilot in Lieu of Parking (PILOP) to
address new uses in the Center, but the Board has concerns about the current zoning tables for
parking and uses and whether they should be reviewed.
Mr. Kelley raised the parking issue when a property owner was increasing the square footage of
a building which required additional parking. Currently establishments can request a waiver
through the Board of Appeals which is usually approved. He suggests that the added
responsibility for parking should be dropped when a property is used differently.
Mr. Hornig stated something similar was brought before Town Meeting previously and failed
because of opposition from residential districts in the center. It will take a lot of work to come
up with a plan that everyone would be comfortable with and approve of.
Mr. Canale added that the Town has invested a lot of time, effort and money to come up with a
comprehensive parking program which is key; the sooner and quicker the phases get
implemented the better. The parking zoning should be removed. The proposed parking plan
should be advanced quickly by the Town and Selectmen.
Selectmen Meeting – August 31, 2015
Mr. Pato underscored that the Parking Demand Management Plan has been approved and is
being executed. New meters are coming soon for a trial approved by Town Meeting. Have to
make sure the parking meters work the way we want. The Town still needs to decide on what
development limitation or inducements exist in zoning for parking space requirements.
Mr. Canale agrees that public/private piece is important in order to get a sense of what the actual
inventory is who needs to park and what additional spaces are needed.
The Planning Board should let the Board know if they need help with looking at this policy
issue.
Affordable Housing and Housing Diversity – Residential Policy Committee
Ms. Johnson reviewed the discussion of the Residential Policy Committee. The Committee
heard that residents felt they were losing neighborhood character to homes, the loss of the scale
relationship in neighborhoods, environmental and attainability of housing. Affordable and
Senior housing were major concerns. Residents want to be able to downsize and stay in
Lexington.
The Committee has talked about a policy and what neighboring towns are doing. They also went
on a tour of a recent development. The next meeting will be an informal joint meeting with the
Planning Board. They will discuss 5 or 6 initiatives that they hope to bring to the Annual Town
Meeting. They will likely propose: an annual allocation to LexHAB to do a couple of affordable
units a year; address neighborhood character development of single family homes by converting
them into multi-unit housing with a dedicated senior unit on the first floor and affordable family
unit on the upper story; Neighborhood Conservation Districts that would enable a neighborhood
to volunteer to be a Conservation District where there are architectural guidelines for changes to
structures and to the scale of structures; dimensional controls on conforming and non-
conforming lots based on a Concord bylaw that would include a site plan review for non-
confirming lots; and changing setbacks so lots cannot be cleared of all significant trees.
Mr. Kelley asked about ongoing housing projects that bring more housing units than what zoning
might allow and whether that goes against the inventory relationship for 40b projects. He asked
if there was anything being considered when more units are created that bring a requirement for
affordable units.
Mr. Canale said the Town needs to maintain affordable housing in the technical governmental
sense but what seems to be the more threatened part of housing diversity in Lexington is in the
attainability. Part of the rationale is to try to create more diversity in housing sizes. What the
Planning Board can control in subdivisions is small compared to the teardown market where they
have no control. The assumption is that teardown houses will cost a homebuyer over $1 million
so the only change is through balanced housing. The Committee is looking at balanced housing
approved vs. conventional and what could it gain us. The Planning Board only controls 10% of
new home construction because a good portion of new homes are teardowns which they are not
involved with.
Selectmen Meeting – August 31, 2015
Mr. Henry said in the last few years the Town has done a good job developing a pipeline of
projects. Regarding 40b projects the lower the net new unit number is in any given year the
easier it is to keep up with 10%. Adding more density housing makes it harder to achieve the
statutory requirements of 40b. He regularly tracks the residential growth and how it affects the
10%. The Regional Housing Services Office has identified more existing development units to
include on the Subsidized Housing Inventory (SHI) through a monitoring program. In 2016 they
will be able to provide a snapshot of where the Town will stand with the 2020 recalculation of
the denominator. He acknowledged the affordable housing pipeline will be a chronic issue for
Lexington with land prices the way they are.
Mr. Kelley asked the Planning Board to look into whether a program could be offered to provide
development tax credits to homeowners with smaller homes and who would be willing to help
keep their home affordable. Mr. Henry will look into.
The Planning Board recessed and adjourned to the Planning Board office at 9:17 p.m.
Discussion of School District Building Projects Plan
Mr. Pato had no new information that he could report on. A special Summit has been scheduled
for Wednesday, September 16, to prepare for a potential Special Town Meeting and what articles
are needed.
Discuss Wayland Request to Withdraw from Minuteman Tech High School
On April 15, 2015, Wayland Town Meeting voted to seek withdrawal from the Minuteman
Regional High School District. The Minuteman Regional Agreement requires the Minuteman
Regional School Committee to draft an amendment to the Agreement and submit the amendment
to the member towns for approval. The Minuteman Regional School Committee has requested
that a warrant article be included on the next warrant for the acceptance of the amended
agreement.
Mr. Cohen stated that the school charge requires that the article be included on the next warrant,
but does not mean that the Town endorses the amended Agreement.
Ms. Vine stated the Town Manager is working with Mr. Horton, Lexington’s Representative on
the Minuteman Regional School Committee, to arrange a meeting with Wayland, the Selectmen
and Finance Committees. Mr. Kelley and Mr. Cohen will help coordinate scheduling a meeting
as soon as possible with a couple members of the Selectmen and Finance Committees.
Selectmen Meeting – August 31, 2015
Liquor License – Busa Brothers Liquors – Pledge of License
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a pledge
of license of the Retail Package Goods Store liquor license for Busa Brothers Liquors, located at
55 Bedford Street.
Liquor License – Vinebrook Bottle Shop – Pledge of License
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a pledge
of license of the Retail Package Goods Store liquor license for Vinebrook Corporation, located at
131 Massachusetts Avenue.
Approve Theatre License Renewals – Lexington Venue
Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two
theatre licenses to Lexington Theatre Project, Inc., d/b/a Lexington Venue, located at 1794
Massachusetts Avenue, for Cinema 1 and 2 to show movies seven days a week from September
1, 2015 through August 31, 2016.
Approve Common Victualler License – Panera Bread
Upon motion duly made and seconded, it was voted 5-0 to approve a common Victualler License
reflecting a corporate name change for PR Restaurants LLC, d/b/a Panera Bread, 1684
Massachusetts Avenue.
Selectmen Committee Appointment – Design Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Caroline Fitzgerald to the
Design Advisory Committee for a term to expire September 30, 2016.
Appointing Authority Determination of Financial Interest – Historic Districts Commission
Ms. McCarthy, a member of the Historic Districts Commission, submitted a Disclosure by Non-
Elected Municipal Employee of Financial Interest and Determination by Appointment Authority
form and requested the Board consider allowing her to deliberate and vote as a member of the
HDC when the Massachusetts Intersection Project is discussed since she lives in the area of the
project.
Upon motion duly made and seconded, it was voted 0-4-1 (Mr. Pato abstained) that the financial
interest is not so substantial as to be deemed likely to affect the integrity of the services which
the municipality may expect from the employee and to authorize the Chairman to sign the
disclosure for the Board.
Selectmen Meeting – August 31, 2015
Approve and Sign Eagle Letter Congratulating Jack Schulz
Upon motion duly made and seconded, it was voted 5-0 to send a letter of commendation
congratulating Jack Schulz for attaining the highest rank of Eagle in Boy Scouting.
Town Manager Appointments – Council on Aging and Permanent Building Committee
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Nancy Adler to the Council on Aging for a term to expire May 31, 2018.
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Richard Perry to the Permanent Building Committee for a term to expire June
30, 2018.
Consent Agenda
Water and Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted 5-0 to approve the following water and
sewer commitments and adjustments:
Adjustments of Water and Sewer Charges as Recommended
by WSAB on 7/23/15 ($28,202.27)
Commitment of Water and Sewer Finals for July 2015 $24,472.88
Commitment of Water and Sewer Cycle 9 for July 2015 $137,030.44
Sign Proclamation – Constitution Week
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Daughters
th
of the American Revolution (DAR) to sign a Proclamation for the 228 Constitution Week,
celebrated September 17 through September 23, 2015.
Approve One-Day Liquor License – Czech and Slovak Association
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Czech and
Slovak Association for a one-day liquor license to serve beer and wine at a Harvest Fest/Family
Event on Saturday, October 17, 2015, from 6:00 p.m. to 11:00 p.m. at the Sacred Heart Church
located at 16 Follen Road.
Approve One-Day Liquor License – Historical Society
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Historical
Society for a one-day liquor license to serve all alcohol at the Lextopia Cocktail party and Mid-
Century Marketplace on Friday, September 11, 2015, from 6:00 p.m. to 8:00 p.m. at the Depot
Building located at 13 Depot Square.
Selectmen Meeting – August 31, 2015
Approve Tax Bill Insert – Conservation Stewards
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the
Conservation Stewards to insert an information sheet into the next tax bill.
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 Thursday, September 17, 2015, from 5:00 p.m. to 7:30
p.m. for a Change of Command Ceremony, including the firing of muskets for a volley and
salute.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:40 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk