HomeMy WebLinkAbout2020-05-18 SB-min
Select Board Meeting
May 18, 2020
A remote participation meeting of the Lexington Select Board was called to order at 6:01 p.m. on
Monday, May 18, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms.
Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms.
Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
Mr. Lucente stated this remote participation meeting is being held in accordance with Governor
Baker’s March 12, 2020 Executive Order suspending certain provisions of the Open Meeting
Law to allow remote participation during Massachusetts’ State of Emergency due to the COVID-
19 pandemic.
Mr. Lucente provided instructions to members of the public, who were watching or listening to
the meeting via the Zoom application, regarding the procedure of making a public comment.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
Ms. Hai
The Town of Lexington will not be having their annual Memorial Day celebrations next
Monday, May 25, 2020 due to the cancellation of all May events. However, the Town
Celebrations Committee has been working tirelessly to put together a virtual Memorial
Day celebration and commemoration on LexMedia.
Last week, Ms. Hai attended virtually the Metropolitan Area Planning Council (MAPC)
Supporting Small Businesses Seminar and included information from that meeting in
regards to COVID-19 in tonight’s packet.
Mr. Lucente
National Emergency Medical Services Week runs from May 17, 2020 through May 23,
2020 this year. Mr. Lucente recognized the EMS professionals in Lexington for their
outstanding care and important role in the community.
Ms. Barry
The LexRecNeeds Steering Committee met following the last Select Board meeting and a
survey has been mailed to a little over 2,000 households. She requested that the Public
Information Officer post a message regarding completing that survey on the homepage of
the Town website to maximize participation.
The Lexington Housing Assistance Board (LexHAB) met last week and discussed the
Wright Farm and the Farmview properties. The housing at Wright Farm is currently
behind schedule for a possible December/January occupancy. Farmview is coming along
nicely and there were some bid openings for the solar and the landscape. Socially-
distanced tours of the property are available to the Select Board Members, if interested.
Mr. Sandeen
The Greenways Corridor Committee has launched their Bag All the Way ACROSS
Lexington Trails. “Baggers” can find more information at: www.xlexcollect.org.
The Department of Energy Resources (DOER) has updated their SMART Program to
increase the public adder, which would result in an additional $60,000 to $65,000 per
year for the Town of Lexington. They have also allowed low income community solar to
be allocated through municipal aggregation programs, such as the Community Choice
Program that would make it possible to lower electricity rates for low-income residents.
The Town of Concord has secured a $250,000 grant to purchase their second electric
school bus.
Mr. Sandeen received a letter from City Councilors and Select Board Members from
Newton, Brookline, Somerville, Cambridge, Wellesley, etc. to the Massachusetts School
Building Authority (MSBA) requesting that the MSBA establish a policy that all future
school buildings be all-electric. They are asking the Town of Lexington to consider
signing on as well.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. COVID-19 Update - Discuss Strategies, Implementation and Community Response
Actions Related to COVID-19 Guidelines and Directives
Mr. Malloy stated that as of May 18, 2020, there were 297 confirmed cases of COVID-19
reported in Lexington. The Governor’s Task Force released recommendations today, which will
impact the Town of Lexington Return to Work plan. The Return to Work Task Force in
Lexington has incorporated some of the new hygiene protocols from the Governor on how to
clean the Town Office Building, as well as social distancing, wearing masks, and training staff
on how to clean high touch areas. The building will be at 25% of the employee office space
capacity as of Monday, May 25, 2020. Some of the parks throughout Town can reopen and the
Cary Memorial Library can reopen for curbside pickup and delivery only. Currently, one Town
employee has tested positive for COVID-19.
Mr. Malloy stated that the CARES Act financial information released last Thursday and
Lexington will receive $2,979,000 in funding. The funding would be for used for costs that
exceeded the budgeted amounts or for items that were not otherwise budgeted. FEMA eligible
expenses would be processed first, but reimbursements can take two to three years through
FEMA. He expects that the Town would only see 20% of the total dollar amount because the
restrictions are so narrow.
Mr. Sandeen asked if there were any strings attached to this funding. Mr. Malloy said that there
were no requirements for receiving this funding beyond what the Town was already planning to
do.
Mr. Malloy stated that in order to protect the health and safety of our employees and citizens, the
Town of Lexington will implement a phased-in approach to return employees to the work
environment, as well as its reopening of Town buildings to the public. He expressed that, as of
today, he did not feel as though the Town Office Building was ready to be opened to the public
and would not be requiring employees to come back fulltime.
Mr. Malloy reported the following response actions related to COVID-19 that have been
implemented since his May 4, 2020 update to the Select Board:
Town/School/Community:
The Governor passed a mandatory mask requirement that took effect on May 6, 2020. The
Town has been promoting the need to wear masks and have posted signage on the Minute
Man Bikeway. The Lexington Police Department has received about 20 calls alerting them
to people not wearing masks and the Town Manager’s Office received one complaint about
overzealous individuals shaming residents walking on the Bikeway without a mask (due to
a medical condition). The Town had previously posted information to the public letting
them know they should not presuppose the reason why someone may not be wearing a
mask. Police Chief Mark Corr and Sean Dugan, Public Information Officer will work on
additional public information on this aspect of the mask requirement. Additionally, the
Governor adopted new regulations to open golf courses and the Town golf course was
opened on May 8, 2020 with these regulations.
2020 Annual Town Meeting
Preparations and training for a Virtual Annual Town Meeting continue.
Senate Bill 2680, a bill to allow remote Representative Town Meetings, moved quickly
through the Senate on May 4, 2020 and was sent to the House on May 9, 2020. The House
Ways and Means (HWM) Committee currently has it and, in discussion with
Representative Michelle Ciccolo this week, Rep. Ciccolo indicated that she believes the
HWM Committee will be taking comments this week and that there may be a vote on it
next week. Mr. Malloy reached out to four members of HWM Committee that he knows
and asked for their support in moving it forward. He also circled back with the 33 Town
Managers with Representative Town Meetings asking that they contact their legislators.
Ms. Axtell stated that the Return to Work Task Force has created an initial draft report as a
guideline for bringing Town staff back into the office to work. The purpose of the document is
to guide senior managers and departments to methodically and safely implement a phased
recovery of operations contingent on the State’s reopening and the introduction of as new
information and guidelines. This five-phased plan will be carefully implemented to ensure the
health and safety of all Town employees and the public. The document will continue to evolve
and be refined as new guidelines and information is made available. She stated that some key
notes in the document were that the Town was now requiring employees to self-check their
temperatures prior to arriving at work. Employees will be required to wear masks and enter the
Town Office Building through one centralized door. Each department will review the needs of
their own spaces in order to serve the public safely. The document will be updated with more
definitions and temperature guidelines.
Mr. Lucente suggested installing customer service windows in the office spaces where there
aren’t any in order to safely social distance once the Town Office Building reopens to the
public. He stated that now would be the time for construction, since there are few people in the
building right now.
Mr. Sandeen suggested renaming the phases of Lexington’s Return to Work plan, so
Lexington’s phases would not be get confused with the Governor’s phases for reopening the
State. He stated that he would also like to see more online and virtual services, if possible, to
avoid having employees go into the buildings at all. He stated that he would like the Town to
conduct an assessment of whether the existing ventilation systems are capable of meeting
health requirements. Mr. Sandeen asked if the Town planned to create a protocol for moving
backwards through the phases if infection rates increase.
Ms. Hai stated that the Town needs to be very specific with the expectations of both the
residents and the businesses. She stated that she would like to see the sidewalk access
expanded for outdoor service. She also suggested possibly waiving licensing fees within the
Select Board Office.
Mr. Pato suggested possibly widening the pedestrian sidewalk access areas into the parking
spaces on Massachusetts Avenue to allow for more social distancing.
Ms. Barry stated that the Board should think of creative ways to assist with parking for the
businesses in the Center who may lose those spots for outdoor services. She also stated her
concern for the polling locations and coordination of the State election on Tuesday, September
1, 2020.
Dawn McKenna, 9 Hancock Street, suggested that the buildings be specified under the Return
to Work reopening phases, so residents are aware of what employees are doing.
2. Public Hearing: Remote Town Meeting Procedures
Mr. Lucente opened the hearing at 7:14 p.m.
Present: Mina Makarious, Town Counsel; Deborah Brown, Town Moderator; Nadie Rice, Town
Clerk
Mr. Lucente stated that the Select Board received a formal request from the Town Moderator on
Thursday, May 14, 2020 to conduct Lexington’s Annual and Special Town Meetings, which are
scheduled to commence on Monday, June 1, 2020 through remote participation. The Town
Meetings would take place via the Zoom Video Conference platform and the online VVoter
module provided by the Town’s electronic voting vendor option technologies.
Mr. Malloy stated that this hearing is on the agenda to address the requirements of the Senate
Bill 2680 that is in the legislature to authorize remote Town Meetings. Under Section 2(b) of this
bill, the Select Board is required to take a vote to authorize a remote Town Meeting as per the
request of the Town Moderator.
Mr. Lucente stated that there will be three systems used to conduct a remote Town Meeting: (1)
Zoom video conference services, (2) an online VVoter module by Option Technologies, and (3)
an online queueing function that was developed by Mr. Pato to facilitate the process of debate.
These systems would allow for the Town Moderator, Town Meeting Members, Town Officials,
and any other interested parties to identify participants, as well as to determine the presence of a
quorum. The systems also allow for the Town Moderator to identify when participants wish to be
recognized to speak, make a motion, conduct roll call or electronically recorded vote, etc. The
systems allow for the meeting to be recorded for future use.
Ms. Brown requested that the Board issue a notice to set the date and time for the first night of
Annual Town Meeting. She asked that they set the date and time to June 1, 2020 at 7:30pm to be
consistent with the notice of postponement from May. She also suggested that instructions be
included in the notice for how participants will access the meeting via a portal, and for the public
wishing to watch the meeting, via LexMedia.
Upon hearing no further comments, Mr. Lucente closed the hearing at 7:23 p.m.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 that the 2020
Lexington Annual Town Meeting shall be held remotely by means of video or telephone
conferencing platform as requested by the Town Moderator; for Town Meeting to be held
remotely on June 1, 2020 at 7:30pm and the meeting to be held remotely using the web-based
Town Meeting site developed by the Town and using the VVoter system provided by Option
Technologies; said notice to be accompanied by the written request of the Moderator submitted
to the Select Board, filed and posted in accordance with the requirements of subsection (b) of
Section 10A of Chapter 39 of the General Laws distributed to each Town Meeting Member and
publicly posted not less than 10 days before the scheduled date of the remote Town Meeting
containing information for Town Meeting Members, who will log into a portal at:
tm.lexingtonma.net; and information for members of the public wishing to watch the meeting
through our local cable or through www.lexmedia.org; and further, information on how
statements will be submitted through our Town website by members of the public.
3. 2020 Annual Town Meeting - Article Positions/Discussion
The resulting chart from the Select Board presenters and position discussion for the 2020 Annual
Town Meeting articles is appended to the end of these minutes.
4. Update on Police Station Building Schematic Design
Mike Cronin, Director of Public Facilities, and Jeffery McElravy, AIA, Principal, Public Safety
at Tecton Architects, provided an update to the Select Board regarding the design and status of
the Police Station project. Mr. McElravy stated that the size of the building has been reduced
from the design presented in December to 29,690 square feet. The budget will be updated next
month once the architects have completed the Schematic Design estimates as the project is
currently at the mid-point of Schematic Design. The architects have continued to work with the
Police Department on modest design modifications to the floor plan, as well as continued work
on exterior design elevations with input from the Permanent Building Committee (PBC), the
Design Advisory Committee (DAC), and liaisons from the Historic Districts Commission
(HDC).
Mr. McElravy stated that the schedule moving forward involves an informal presentation to the
HDC on June 4, 2020, the Schematic Design cost estimates to the estimator on June 23, 2020,
and the preparation of a final Schematic Design presentation to the Select Board in July. He
anticipates that the Design Development will be complete by late October of 2020 and the
Construction Documents will be complete by mid-February of 2021. The presented schedule
would set construction of the building to start in May of 2021.
The Board was in consensus that the building design was moving in the right direction with the
exception of the “movie marquee” at the front entrance and questioned how it fit into the overall
design. The Board expressed concern regarding the timeline and meeting a fall Special Town
Meeting.
Dawn McKenna, Precinct 6 Town Meeting Member, expressed concern regarding the overhang
at the front of the building being too modern. She stated that the flagpoles are unnecessary and
distract from the flag being flown at the Battle Green down the street.
The Select Board paused for a brief recess and returned at 8:20 p.m. calling the meeting back to
order.
5. Approve and Sign Regulatory Agreement - 241 Grove Street, Parcel 2-A (Wright
Farm)
Patricia Nelson, Attorney, reviewed the project regulatory agreement for Wright Farm between
the Town of Lexington, Lexington Housing Assistance Board (LexHAB) and the Massachusetts
Department of Housing and Community Development (DHCD). Ms. Nelson stated that this is a
requirement of Chapter 40B related to subsidized housing to ensure the housing is maintained as
part of the subsidized housing inventory for low to moderate income housing.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
project regulatory agreement for Wright Farm between the Town of Lexington, the Lexington
Housing Assistance Board and the Massachusetts Department of Housing and Community
Development and further to authorize the Town Manager to execute the agreement.
6. Vote to Transfer 18 Rangeway Property to LexHAB
Patricia Nelson, an attorney representing the Lexington Housing Assistance Board (LexHAB),
reviewed the deed for the Select Board to transfer 18 Rangeway to the Lexington Housing
Assistance Board (LexHAB). Ms. Nelson stated that in 2004, the Town of Lexington had
transferred nine properties to LexHAB to which LexHAB had already built or remodeled homes
on the properties for inclusion in its inventory. She stated that 18 Rangeway was inadvertently
excluded from the list of properties transferred and that she was present tonight to correct the
oversight.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
transfer the property located at 18 Rangeway from the Town of Lexington to the Lexington
Housing Assistance Board.
7. LexHAB Refinance of 300 Woburn Street
Patricia Nelson, Attorney, stated that the Lexington Housing Assistance Board (LexHAB) is
requesting the Select Board’s approval for the refinance of an existing loan to be secured by
property owned at 300 Woburn Street as follows: Lender - Patriot Community Bank, Amount of
loan: $600,000, Terms: 5% fixed for 15 years, portion of existing loan to be paid off $357,108 as
of March 2, 2020. She stated that refinancing the loan would allow LexHAB to pull out
additional monies to meet operating expenses and to meet the increasing costs of maintaining its
aging housing stock.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
refinancing of 300 Woburn Street as proposed for a $600,000 loan at 5% for 15 years.
8. Review of 2019 and Preview of 2020 Farmers' Market
Ashley Wenger, Lexington Farmers’ Market Manager, and Leslie Wilcott-Henrie, Lexington
Farmers’ Market Board President, provided a summary of the 2019 Farmers’ Market and what is
proposed for the 2020 Farmers’ Market.
Ms. Wilcott-Henrie stated that in 2019, the Lexington Farmers’ Market (LFM) celebrated its
fifteenth year of bringing healthy, locally-grown and locally-produced food to the Lexington
community and beyond. She listed some of the highlights from the summer of 2019 as follows:
LFM was honored by the Commonwealth of Massachusetts with an official citation presented by
Senator Mike Barrett and Representative Michelle Ciccolo; 34 farmers and vendors participated
throughout the season; LFM provided SNAP recipients with more than $7,700 in matching funds
at summer market ($9,300 for 2019 calendar year; up 30% overall); worked with the Lexington
Green Teams, Lexington Green Network & Black Earth Compost to provide a weekly Zero
Waste Station
Ms. Wilcott-Henrie listed some highlights from the Small Yet Mighty Winter Market in the
winter of 2020 as follows: 15 farmers and vendors were hosted; in mid-March, the Waldorf
School closed due to the pandemic and the LFM moved outside as the Governor declared
farmers’ markets as an essential service; three successful outdoor markets with increased safety
protocols; sales were up significantly compared to indoor market same year; issued $1,500 in
SNAP coupons during three outdoor markets ($750 matched).
Ms. Wenger presented the changes to the upcoming 2020 Summer Season as follows: planning
to open on Tuesday, June 9, 2020 (two-week delay); 15 farmer/food vendor spots consisting of
weekly and biweekly vendors; there will be no sampling, musicians, special events, community
groups, or monthly guest vendors; developed COVID-19 Specific Market Rules & Regulations
approved by Lexington Board of Health, pending revisions mutually agreed upon; increased
social distancing and crowd control; minimized contact; increased cleaning and disinfection;
mandatory Personal Protective Equipment (PPE) and hygiene practices; dedicated entrance and
exit (staff will control the number of shoppers in market space with a customer flow in one
direction); farmer/vendor tents will be 10 feet apart; ground markings for six-foot social
distancing; preordering and prepayment with a dedicated preorder pickup time; customers will
not be allowed to handle produce/products until after purchase; disinfecting of high-touch
contact surfaces; increased handwashing and use of hand sanitizer; face masks will be required.
The Select Board was unanimously in support of the plans and changes for the summer 2020
Lexington Farmers’ Market season.
9. Review Determination of Tree Hearing - 497 Concord Avenue
Mr. Lucente opened the hearing at 8:46 p.m.
Present: Chris Filadoro, Tree Warden & Superintendent of Public Grounds; Dave Pinsonneault,
Director of Public Works; Meg Buczynski, Activitas, Principal Civil Engineer; Derek
Sencabaugh, Fire Chief
Mr. Lucente stated that the Select Board is being asked to make a determination on the tree
hearing regarding a tree at 497 Concord Avenue at the entrance of the Cotting School. The
hearing determined that the tree needed to be removed from the property and there has since
been objections to this determination. The Select Board is being asked to vote to uphold or deny
the decision to remove the tree.
Mr. Filadoro stated that the architect owner requested a 42 inch oak tree on Town property be
removed at the entrance of 497 Concord Avenue. The health of the tree was evaluated and it was
determined to be in good condition. Under MGL Ch. 87, Section 4 (Section 4. Tree wardens
shall not cut down or remove or grant a permit for the cutting down or removal of a public shade
tree if, at or before a public hearing as provided in the preceding section, objection in writing is
made by one or more persons, unless such cutting or removal or permit to cut or remove is
approved by the Selectmen.), the Select Board is required to hold a public hearing on whether
this tree may be allowed to be removed. The COVID-19 pandemic postponed the tree hearing
from April 21, 2020 to May 11, 2020. Mr. Filadoro also stated that he received over 30
objections via letters, emails, and one phone call regarding the removal of the tree. A study was
completed by the architect regarding the impact of sight lines and the access of the Lexington
Fire Department fire apparatus (which was demonstrated by the Fire staff). The Town sought a
redesign option from the architect.
Ms. Barry inquired about a nearby telephone pole creating an issue for fire trucks at the entrance
in addition to the tree.
Mr. Pato inquired if the facility was out of compliance due to the driveway not currently
providing access for the fire apparatus.
Mr. Sandeen said he was interested in preserving the tree, that a large older tree is much more
valuable than many smaller trees.
Ms. Buczynski stated that since the Cotting School purchased the property, there was a change of
use for the property and the driveway would need to be brought into compliance.
Sharon Cerny, 1 Barberry Road, proposed that a small tree and boulder on Town property be
removed or relocated in order to move the 20-foot driveway a couple of feet to the left.
Gerry Paul, Chair of Tree Committee, stated that the value of the tree based on a tree appraisal
formula would be at the low end $44,000 and $126,000 on the high end. He expressed that the
applicant listed a payment price of $4,200, which is less than one tenth of the low estimate
appraisal. He also stated that if the Select Board does not make a decision on this, it will be
referred back to the Planning Board.
Gloria Bloom, Tree Committee Member, expressed that the COVID-19 pandemic has interfered
with the ability to negotiate as a group and for the Tree Committee to meet as a group. She stated
that there is already fire access to the school because there is more than one driveway and does
not feel that the tree impeding the driveway at 497 Concord Avenue is an issue.
Ms. Buczynski stated that the driveway could not be moved over because it would impact the
roots of the tree. She stated that moving the driveway over would require an easement onto the
neighboring property. She also stated that the driveway is not safe as-is based on the traffic study
done by the Traffic Engineer because the sightlines are impeded.
Mr. Lucente proposed that the architect or builder, the Tree Warden, two members of the Tree
Committee, two members of the neighborhood, and a representative from the Cotting School
meet to work through a plan that might work for everyone and return to the Select Board in three
weeks on June 8, 2020.
Ms. Buczynski stated that if the removal of the tree is denied by the Select Board, the properties
at the Cotting School would be rendered useless because construction cannot be done on the
driveway at 497 Concord Avenue without harming the roots of the trees. She requested that if the
proposed parties were to meet, that they discuss mitigation for the tree.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to ask the
parties to reconvene to talk through possible mitigation plans, working with the following: the
architect, the builder, the Tree Warden, two members of the Tree Committee, two members of
the neighborhood, a representative from the Cotting School, and a member of the Planning Board
and revisit the Select Board in three weeks at the June 8, 2020 meeting.
10. Update by Town Manager on Electric and Gas Bids for Town Utilities
Mr. Malloy provided an update on the electric and natural gas bids for the Town utilities. He
stated that the electric and gas bids were last completed in 2018 and the current municipal supply
contracts will each expire before the end of 2020. The Town’s consultants recommend going out
to bid now due to favorable market conditions. If the results are not desirable, the Town can go
out to bid again in the fall. He stated that the opening for the electric and gas bids for the Town
will be on Wednesday, May 20, 2020 at which time, he will let the Board know the final bid
prices. As of now, the indicative prices for 2020 are less than the 2018 bid prices. The
Sustainable Lexington Committee has recommended increasing the Massachusetts Class I RECs
from 5% to 20%, for a savings up to $33,000 per year off of the budget (the total budget now is
$887,000 including solar). Mr. Malloy requested the Board’s feedback on this proposed increase.
Todd Rhodes, Sustainable Lexington Committee, stated that it has been several years since the
base rate of 5% additional Class I RECs was established and the Sustainable Lexington
Committee researched rates of neighboring communities for comparison. Many neighboring
communities have much higher amounts of additional Class I RECs than Lexington. Newton’s
program provides 46% Class I RECs and Lowell provides 45%, Watertown is 35%, Brookline is
30% and Worcester is at 20%. The Town of Lexington has a higher household income than these
communities and the increase to 20% Class I RECs would be appropriate. He stated that the
program has already saved Lexington residents over $3 million since being implemented. The
Sustainable Lexington committee recommends moving to at least 20% additional Class I RECs.
Mr. Sandeen stated that since electricity rates are at historic lows now, the Town should take this
opportunity to lock in those rates now for the Community Choice program before electricity rates
increase in January. He estimated that it should be possible to lower average Community Choice
bills by $7 a month, while also increasing Class I renewable percentage to 20%.
Ms. Hai, Ms. Barry, and Mr. Lucente expressed that they were not comfortable moving forward
with this because they were not able to review the recommendation due to the request letter
having been sent out late.
Mr. Pato stated that he also received the information late, but was comfortable moving forward
with the 20% increase if the pricing stayed the same or decreased with no extra cost on resident
electric bills.
Mr. Malloy stated that he will send an analysis from the consultant to the Board individually to
review along with additional information for feedback by next Wednesday, May 20, 2020 at
2:00pm.
11. Uniqueness Determination for Historical Society Parking Lot - Edison Way
Mr. Malloy stated that as part of General Laws Chapter 30B, when a Town acquires real estate, it
is required to put out a Request For Proposal to seek proposals for land to acquire. This
requirement is appropriate if the Town is seeking to buy something like "50 acres for the purpose
of constructing an elementary school" where there may be several potential sites, so that the
Town receives a competitive bid. However, there is also the recognized situation where some
property is unique due to a specific reason (geographic, structures, etc.) so that seeking
competitive bids does not make sense. This is the case with the parking spaces located on
property owned by the Historical Society. The location of the property is adjacent to our
municipal parking lots and falls into a recognized unique situation where seeking competitive
bids does not make sense (since there are no other similar properties in that area, this is a unique
property). For the Town to acquire this property without going through the competitive bid
process, the Select Board needs to make a uniqueness determination as per the motion below.
Ms. Hai inquired if the Select Board has all of the required specificity in the motion and for
publishing purposes in order to complete the acquisition.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 that the Board
has determined that advertising under General Laws Chapter 30B for the Town’s acquisition of
the Property will not benefit the governmental body’s interest due to the unique qualities of the
Property. Specifically, the Property located at Map 48 Lot 96 due to its specific location and use
as part of the municipal parking lot and that no other properties in this immediate area that
provide the similar use for the Town.
12. Town Manager Committee Appointments/Reappointments
Mr. Malloy requested that the Select Board approve reappointments and appointments to the
following boards and committees:
Board of Health:
Wendy Heiger-Bernays has been a member since 2002. Dr. Heiger-Bernays' new term is
effective immediately and it will expire on April 30, 2023. Ethics is up-to-date.
Mr. Malloy also requested to fill the vacancy left by the departure of Sharon MacKenzie. After
conducting interviews this week with four potential candidates, Mr. Malloy recommended
appointing Susan Wolf-Fordham. The term would be effective immediately and it would expire
on April 30, 2023.
Conservation Commission:
Ralph Bitsko has been a member since 2000. Mr. Bitsko's new term is effective
immediately and will expire March 31, 2023. Ethics is up-to-date.
David Langseth has been a member since 2002. Mr. Langseth's new term is effective
immediately and will expire March 31, 2023. Ethics are up-to-date.
Holly Samuels has been a member since 2019. Ms. Samuels' new term is effective
immediately and will expire March 31, 2023. Ethics are up-to-date.
Historical Commission:
Sam Doran has been a member since 2017. Mr. Doran's new term is effective
immediately and will expire March 31, 2023. Ethics are up-to-date.
David Kelland has been a member since 1982. Mr. Kelland's new term is effective
immediately and will expire March 31, 2023. Ethics are up-to-date.
Diane Pursley has been a member since 2017. Ms. Pursley's new term is effective
immediately and will expire March 31, 2023. Ethics are up-to-date.
Mr. Malloy also requested approval for two new alternate members:
Susan Bennett - Alternate Member. The term is effective immediately and it will expire
on March 31, 2023.
Robert Rotberg - Alternate Member. The term is effective immediately and it will expire
on March 31, 2023.
Youth Commission:
Shannon DeGuglielmo has been a member since 2008. Ms. DeGuglielmo's new term is
effective immediately and will expire April 30, 2023. Ethics are up-to-date.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
Town Manager's reappointment of Wendy Heiger-Bernays and appointment of Susan Wolf-
Fordham to the Board of Health; Ralph Bitsko, David Langseth and Holly Samuels to the
Conservation Commission; Sam Doran, David Kelland and Diane Pursley to the Historical
Commission as well as Susan Bennett and Robert Rotberg as Alternate Members of the
Historical Commission; and Shannon DeGuglielmo to the Youth Commission.
13. Select Board Committee Appointment/Reappointments
Mr. Lucente stated that the Select Board is being asked to appoint Archana Dayalu as a member
of the Sustainable Lexington Committee with a term expiration date of September 30, 2022.
Mr. Lucente stated that the Select Board is being asked to reappoint the following members of
the Lexington Housing Assistance Board (LexHAB) to a 3-year term ending May 31, 2023:
Gerry Howell
Bill Kennedy
Donna Leary
Lester Savage
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to appoint
Archana Dayalu to the Sustainable Lexington Committee with a term expiration date of
September 30, 2022.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to reappoint
Gerry Howell, Bill Kennedy, Donna Leary and Lester Savage to the Lexington Housing
Assistance Board (LexHAB) for a 3-year term respectively ending May 31, 2023.
14. Approve Memorandum of Agreement with Lexington Public Employee Committee
Ms. Barry recused herself on this item as her husband is an employee of the Town and their
family is covered by the Town’s health insurance.
Mr. Malloy stated that as part of the original agreement to transfer the employees to the GIC
Health Insurance Pool, the Town utilized coalition bargaining to negotiate with all of the
municipal and school unions at one time to obtain 1005 agreement amongst all of the unions.
This requires the Town to renegotiate this agreement every two years. This agreement we
negotiated was previously reported to the Board and mirrors the prior agreement (no increases).
Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the
Coalition Agreement between the Town of Lexington and all town and school unions as per the
attached agreement and further to authorize the Town Manager to execute the agreement.
CONSENT AGENDA
1. Placement of Flags at Memorial Plaques on Battle Green for Memorial Day
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
Town Celebrations Committee request to place small flags at the memorial plaques around the
Battle Green in memory of the men from Lexington who perished in World War I on the
morning of Friday, May 22, 2020, and be removed the morning of Tuesday, May 26, 2020.
ADJOURN
Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 by roll call to
adjourn the at 10:10 p.m.
A true record; Attest:
Stacey Prizio
Department Assistant
Select Board Article Positions (as of 5/18/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles DL JP SB JH MS
Article 2 - Reports C C C C C
Article 3- Cary Lecture Series C C C C C
Article 4 - Appropriate FY 2021 Operating Budget C C C C C
Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C
Article 6 - Establish Qualifications for Tax Deferrals C C C C C
Article 7 - Petition General Court to Amend Legislation C C C C C
Regarding Tax Deferrals
Article 9 - Establish/Continue Departmental Revolving C C C C C
Funds
Article 10 - Appropriate for Community Preservation C C C C C
Committee (Articles 10a thru 10l and 10n thru 10o only)
Article 11 - Appropriate for Recreational Capital C C C C C
Article 12 - Appropriate for Municipal Capital and Equipment C C C C C
Program
Article 13 - Appropriate for Water System Improvements C C C C C
Article 14 -Appropriate for Wastewater System Improvements C C C C C
Article 15 - Appropriate for School Capital and Equipment C C C C C
Article 16b - Center Recreation Complex Bathrooms & C C C C C
Maintenance Bldg Renovation
Article 16c - Public Facilities Master Plan C C C C C
Article 16d - LHS Science Classroom Space Mining C C C C C
Article 16e - Townwide Roofing Program C C C C C
Article 16f - School Building Envelopes and Systems C C C C C
Article 16g - Municipal Building Envelopes and Systems C C C C C
Article 16h- Facility and Site improvements-Building C C C C C
Flooring program and School Paving Program
Article 16i - Public Facilities Bid Documents C C C C C
Article 16j - Public Facilities Mechanical/Electrical System C C C C C
Replacements
Article 17 - Appropriate to Post Employment Insurance C C R C C
Liability Fund
Article 18-Rescind Prior Borrowing Authorizations- IP IP, C IP, C IP, C IP, C IP, C
Article 19a- Appropriate from the Capital Stabilization Fund C C C C C
for projects excluded from the limits of Proposition 2½
Article 20 - Appropriate from Debt Service Stabilization Fund C C C C C
Article 21 - Appropriate for Prior Years Unpaid bills- IP IP, C IP, C IP, C IP, C IP, C
Article 22- Amend FY 20 Operating, Enterprise, CPA budgets C C C C C
Article 23 - Appropriate for Authorized Capital Improvements C C C C C
Article 26 - Amend Historic Districts Commission Enabling C C C C C
Legislation
Article 27 - Amend General Bylaws- Noise Construction C C C C C
Article 30 - Land exchange (Citizen) C C C C C
Article 31 - Historic Preservation demo delay (Citizen)- IP IP, C IP, C IP, C IP, C IP, C
Article 32 - Extend Hancock-Clark Historic District (Citizen)- IP, C IP, C IP, C IP, C IP, C
IP
Article 46 - Amend zoning- Reduce GFA (Citizen)- IP IP, C IP, C IP, C IP, C IP, C
Select Board Article Positions (as of 5/4/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles - Motion will state refer DL JP SB JH MS
back to Planning Board
Article 35 - Amend Zoning Bylaw- Distances from basement, RB RB RB RB RB
slab or crawl space and groundwater
Article 36 - Amend Zoning Bylaw- Short term rentals RB RB RB RB RB
Article 37 - Amend Zoning Bylaw-Site plan review RB RB RB RB RB
Article 38 - Amend Zoning Bylaw- Financial services RB RB RB RB RB
Article 39 - Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB
Article 40 - Amend Zoning Bylaw-Wireless Communications RB RB RB RB RB
Facilities
Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB
Article 43 - Amend Zoning Bylaw and Map- Hartwell Ave RB RB RB RB RB
Area
Article 44 - Amend Zoning Bylaw and Map- Bedford St near RB RB RB RB RB
Hartwell Ave
Article 45 - Amend Zoning Bylaw-Front year, transition, and RB RB RB RB RB
screening areas
Motion will state refer back to Select Board DL JP SB JH MS
Article 8 - Short term rental fee RB RB RB RB RB
Article 24 - Reduce Legal expenses (citizen) RB RB RB RB RB
Article 28 - Amend general bylaws- (citizen) RB RB RB RB RB
Article 29 - Declare climate emergence (citizen) RB RB RB RB RB
Article 33 - Amend general bylaws-Running bamboo (citizen) RB RB RB RB RB
Article 34 - Amend special legislation surcharge- (citizen) RB RB RB RB RB
Articles that are time sensitive Presenter DL JP SB JH MS
Article 10m - LexHab-116 Vine St Design funds using JP Y Y Y Y Y
CPA
Article 16a - Police indoor/outdoor firing range JH Y Y Y Y W
Article 16k - Westview Cemetery building construction SB Y Y Y Y Y
Article 19B – Appropriate to the Affordable Housing MS Y Y Y Y Y
Capital Stabilization Fund, from the Affordable Housing
Special Revenue Fund
Article 19C- Appropriate from the Affordable Housing MS Y Y Y Y Y
Capital Stabilization Fund to fund renovations and
capital improvement projects at properties in the Town's
affordable housing inventory
Article 25 - Purchase of land (parking spaces) DL Y Y Y Y Y
Article 42 - 1050 Waltham St (developer) JP Y Y Y Y Y