HomeMy WebLinkAbout2016-08-BOS-min69 -455
Selectmen's Meeting
August 2, 2016
A meeting of the Board of Selectmen was held on Tuesday, August 2, 2016 at 6:00 p.m., in the
Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chairman, Mr. Kelley, Mr.
Pato and Ms. Ciccolo; Mr. Valente, Town Manager; and Mr. Addelson, Assistant Town Manager
for Finance were present.
Selectmen Concerns and Liaison Reports
Ms. Barry extended get well wishes on behalf of the Board to Senator Ken Donnelly on his
recent surgery. Senator Donnelly is recuperating at home.
Approve CPA Grant Agreement - Lexington Arts and Craft Society Lighting Project
Following up on a request for more information from the July 25, 2016 Board meeting, Mr.
Valente reported that he had spoken with representatives for the Lexington Arts and Crafts
Society and the Society has already raised the $12,000 in supplemental funding through private
fundraising for the project and that the agreement has been changed to reflect that.
Mr. Valente asked the Board to approve and sign the revised grant agreement following 2016
Town Meeting approval of $24,280 to replace lighting in the Parsons Gallery at the Lexington
Arts and Crafts Society. The funding will be supplemented by $12,000 in private funding.
Upon motion duly made and seconded it was voted 3 -1 (Mr. Kelley opposed) to Approve and
Sign the Grant Agreement between the Town of Lexington and the Lexington Arts and Crafts
Society for the replacement of lighting in the Parsons Gallery.
Executive Session
Upon motion duly made and seconded, it was voted 4 -0 by roll call at 6:03 p.m., to go into
Executive Session under Exemption 6 to consider the purchase, exchange, lease or value of real
property, 171 -173 Bedford Street and to reconvene in open session only to adjourn. Further, the
Chairman declared that an open meeting may have a detrimental effect on the negotiating
position of the Town.
A true record; Attest:
Suzanne E. Barry
Chairman
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Selectmen's Meeting
August 15, 2016
A meeting of the Lexington Board of Selectmen was held on Monday, August 15, 2016 at 7:00
in the Selectmen's Meeting Room of the Town Office Building. Chairman Barry, Mr. Cohen,
Ms. Ciccolo, Mr. Kelley and Mr. Pato were present as well as Mr. Valente, Town Manager and
Ms. Siebert, Recording Secretary.
Selectmen's Concerns /Liaison Reports:
Ms. Barry raised three issues:
Due to the nationwide opioid addiction crisis, and following two overdoses this year in
Lexington, Ms. Barry requested an update from staff at a future meeting regarding how the Town
is responding.
Future meeting calendar:
• Friday, August 19, 9:15 am Selectmen's Meeting Room. Mr. Cohen is unable to
attend.
• Tuesday, August 30, 9 am Selectmen's Meeting Room. Mr. Pato is unable to attend.
• Thursday, September 8, 7 pm Joint meeting with the Planning Board. Three members
cannot attend so Town Manager Valente will contact Planning Director Henry to fmd
an alternate September date.
• Monday, September 12, 7 pm Selectmen's Meeting Room. Regular meeting.
• Tuesday September 13, at either 6 pm or 7 pin (time to be confirmed) 201 Bedford St.
Joint Meeting with School Committee
• Wednesday, September 14, 7:30 pm Battin Hall, Cary Memorial Building. Town
Meeting Members' Association Information Night.
• Wednesday, September 21, 6:30 pm Board meeting prior to Town Meeting.
• Wednesday, September 21, 7:30 pm Battin Hall, Cary Memorial Building. Special
Town Meeting.
• Monday, September 26, 7 pm Selectmen's Meeting Room. Regular meeting.
Ms. Barry announced the retirement of Executive Clerk Lynne A. Pease who has been on
medical leave since late April. The Board of Selectmen and Town Manager spoke individually of
their high esteem for Ms. Pease and her contributions to the affairs of the Town.
Ms. Barry: "It is with great sadness that I speak for this current Board and all Boards before us
because Lynne has been an amazing force in our office. She's been incredibly calm and
competent and has never hesitated to rise to the task....She is much beloved.
Mr. Pato: "I want to express my appreciation for Ms. Pease. I served for two years as the
Chairman of the Board and I can't imagine having taken over the position without the steadfast
support that Ms. Pease provided. As you know, the Board members are volunteers. Ms. Pease
professionalized the office and provided us with unbelievable support.
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Selectmen's Meeting — August 15, 2016
Mr. Kelley: I agree. She was wonderful. Like a den mother to us all. Kept us in line and always
in a nice way — always with a pleasant smile. I'm going to miss her.
Mr. Cohen: I've known her and worked with her when she was the assistant. Words cannot say
how I feel."
Ms. Ciccolo: "Our office and its function will never be as smooth again. These are big shoes to
fill. She's tremendous and she's earned a healthy and happy retirement. I wish her the best."
Mr. Valente: "I've had the pleasure of working with Lynne for 11 years and she has an incredible
ability to juggle any number of items at one tune. Our two offices work very closely together. I
have to rely on her and her organizational skills a lot. Most people don't see that because a lot of
her work is behind the scenes. She made her office and our operations work so well. We are all
going to miss that skill and that ability —and just an easy personality to work with. There was no
crisis in her mind. Everything was solvable. That's quite a rare trait."
Town Manager Report
Mr. Valente brought forward three items of note:
A program about the opioid epidemic is scheduled for Tuesday, September 20, at 6:00 pm at
Cary Hall with two speakers: Dr. Kevin Hill and a recovering patient. The event is co- sponsored
by the Town's Health, Human Services, and Police Departments and will be recorded by
LexMedia.
The East Lexington phase of the Mass. Ave. water main project is wrapping up ahead of
schedule. A final phase will commence on Thursday, August 18, between Winthrop and Hunt
Roads. Work hours are 7:30 am to 4:00 pm. The busy Woburn St. intersection will be affected
but the construction will last only five days.
An "End of Summer" party is planned for the evening of August 26 at the Community Center,
which has just passed its one year anniversary and 100,000' visitor milestone. This is a family -
oriented event with tours of the facility and an outdoor movie planned. The party is co- sponsored
by the Lions' Club and Town Human Services Department.
Liquor License Public Hearing Ruyi Restaurant
Ms. Barry opened the Public Hearing at 7:12.
Restaurant manager Jae B. Park and an associate briefly presented the restaurant's concept,
saying the culinary theme will remain Chinese and Japanese but add an element of Korean. The
restaurant's name will change to "BulPan." The d/b /a certificate has been received. Mr. Park
submitted remaining paperwork to the Board at the meeting.
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Selectmen's Meeting – August 15, 2016
On motion duly made and seconded, the Board voted 5 -0 to approve the application for a transfer
of the all alcoholic beverages restaurant liquor license from HCYS, Inc d/b /a Ruyi Restaurant to
JBPark Enterprises, Inc. d/b /a BulPan Restaurant, 27 Waltham St.
Liquor License - Change of Manager - Bertucci's Restaurant
The necessary paperwork to support this change has been received. The proposed manager's
naive is Francisco D. Richiez.
On motion duly made and seconded, the Board voted 5 -0 to approve the application reflecting a
change of manager on the All Alcoholic Common Victualler License for Bertucci's Restaurant.
Liquor License - Change of Manager - Tio Juan's Margaritas
All paperwork to affect this change is in order. The new manager's name is Chrisanne Shirley.
On motion duly made and seconded, the Board voted 5 -0 to approve the application reflecting a
change of manager on the All Alcoholic Common Victualler License for Tio Juan's Margaritas
Mexican Restaurant, 438 Bedford St.
Amend Traffic Rules and Orders —Adams at Hancock and Fottler at Bikeway
The Chair recognized David Cannon, Assistant Town Engineer, who presented findings from the
Transportation Safety Group (TSG) on these two issues:
Adams at Hancock
Mr. Cannon reported that the study of signage at the intersection resulted in three proposed
recommendations to improve safety:
• Rescind Stop Sign Order— Hancock, southbound at Adams, no sign in place or
required;
• Add Yield Sign Order — Hancock, northbound at Adams (new);
• Add Stop Sign Order — Adams, southbound at Hancock (to reflect Stop sign currently
in place.
Mr. Cannon said two Stop signs were intended for that location and the difference between the
actual signage and the code was "a housekeeping item" that needed to be cleaned up.
The TSG's original mission with regard to this intersection was to examine how to best direct
traffic making a left -hand turn onto Adams Street from Hancock Street. A request from a
resident had been submitted to put an additional Stop sign at that location but the group
ultimately decided a Yield sign would be more appropriate. "We felt a Stop sign here would
create too much noise pollution and air pollution — especially on a Sunday or at 10 o'clock at
night," Mr. Cannon explained.
Mr. Kelley expressed concerns about how the proposed Yield sign would affect turning vehicles
in travel lanes that cross over one another. "I don't see the logic in having this be the Yield and
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Selectmen's Meeting — August 15, 2016
that be the Stop. I think all three signs should be Stops." He added that the posted speed in that
area should be lowered.
Mr. Cannon agreed, from a traffic safety standpoint, that this particular intersection was "a
problem child ". However, he defended the Yield sign solution as the best option available, all
things considered.
Mr. Kelley asked if the TSG discussion included residents abutting that intersection. Mr. Cannon
said that Assistant Planner Dave Kucharsky had reached out to the complainant and added that,
over the last 10 years, he himself had spoken to all the abutters.
Mr. Pato said he was OK with the proposal but agreed with Mr. Kelley about lowering the speed
limit, now that there was less red tape in the way. "In the last two weeks, the Governor has
signed the Municipal Modernization Act which provides the ability for communities to lower
speed limits to 25 mph on roadways that are not State routes," Mr. Pato said. "I would like to
have us look at this in the context of doing a speed study." Since Town Meeting approval is
necessary to affect a change of this type, Mr. Pato asked that an article be included on the Annual
Town Meeting warrant to accept those provisions.
On motion duly made and seconded, the Board of Selectmen voted 4 -0 (Mr. Kelley abstaining)
to approve the proposed changes to the Traffic Rules and Order, Chapter 192 -10 Schedule 7.
Fottler at Bikeway
Mr. Cannon said the TSG reviewed a section of Fottler Ave. and recommended No Parking signs
be erected with the goal of improving site lines for cyclists and motorists. The TSG visited the
intersection and analyzed the problem following a complaint. Two sections of the intersection
warranted consideration for No Parking signage. Mr. Cannon met with the manager of a car
rental company near the intersection who agreed to voluntarily comply with the parking
prohibitions. Although that compliance has already improved the situation, No Parking signs are
still recommended.
David Kanter, 48 Fifer Lane, said he was concerned with leaving one of the four quadrants of the
intersection without signage because that would leave it up to voluntary behavior rather than
exerting legal control. Mr. Cannon replied that people would literally have to park in the street in
that quadrant since there is no shoulder to pull onto. Additionally, a car that would park there has
already crossed the bikepath and thus creates less of a sight distance problem. "The approaches
are covered and we're actually adding in a 3rd quadrant," Mr. Cannon explained.
Elaine Ashton, 32 Cliffe Avenue, said many of her neighbors in the area are supportive of the
addition of signage. She said that what is not shown in the aerial photos are the "obstructive
fences" that make it a "blind man's alley." She added that pople park there a lot on the weekends
to get bikeway access.
On motion made and duly seconded, the Board voted 5 -0 to approve the proposed changes to the
Traffic Rules and Orders, Chapter 193 -18 Schedule 1.
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Selectmen's Meeting — August 15, 2016
Voluntary Water Use Restrictions
The Chair recognized Ralph Pecora, Water /Sewer Superintendent and John Livsey, Town
Engineer who presented information about seasonal low water pressure in the northwest corner
of town, specifically McKeever and Heritage Drives. Due to the current hot and dry weather,
town -wide water demand has increased this summer. With that higher demand, the water
pressure loss in this higher - elevation of town has increased. Mr. Pecora and Mr. Livsey asked the
Board to consider a town -wide voluntary water conservation effort between the peak hours of
5:30 am and 8:30 am, and also reported four additional measures being taken:
• Measure and record water pressure with two hydrant meters on loan from the MWRA.
Data has been collected since June 24.
• Work with the Town of Bedford, purchaser of MWRA water from Lexington, to shift
hours of draw down and municipal demand to times outside the peak 5:30 -8:30 window.
• Request Parks and Grounds to reduce demand within the affected timeframe.
• Open by -pass water mains at each meter; tie -in formerly a closed main on Eldred that ties
into Bedford and Grove Street conduits.
Going forward, Mr. Pecora said Lexington would continue to work with Bedford to adjust draw
tunes and request help from the MWRA to resolve the ongoing low pressure problem. A
comprehensive study is currently underway to monitor pressure in the various larger diameter
pipes located throughout town.
Mr. Kelley asked whether the problem is one of volume or one of pressure. Mr. Pecora replied it
was one of volume, explaining that it occurred when too many pipes are "open" and being used.
He clarified that the request to refrain from water usage during the low pressure window was
being proposed for the whole town rather than only the affected neighborhood. "Every little
gallon we can save during that time period would help mitigate the pressure issue because we
would reduce the volume." No complaints have been received from other areas of town, even
those of similar higher elevation.
Ms. Barry asked why the Eldred St. main had been disconnected. Mr. Pecora replied it was due
to a break that couldn't be fixed during the winter months. Because of a culvert issue, the
reconnection had to first be approved by Conservation. The main was just back online.
Ms. Barry asked whether the Department had looked into other breaks and leaks that might be
affecting water pressure. Mr. Pecora said there is a leak detection exercise being conducted
currently through the entire town. The process started in the Grove Street area but nothing of
note was found.
Ms. Barry confirmed with residents in attendance that the low pressure problem had recurred
every summer for seven years and that this year was the worst. She asked if the Department had
also been in touch with other large water purchasers such as Hanscom AFB, the VA, and Shire.
Mr. Pecora said he had spoken to all and added that Shire and the VA don't irrigate during that .
morning time frame and Hanscom doesn't have a big outdoor water demand.
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Selectmen's Meeting — August 15, 2016
Ms. Barry asked Town Manager Valente to create an informational email group to keep
interested parties apprised of updates to the issue.
Ms. Barry asked if the effort to detect breaks /leaks is likely to reveal the need for infrastructure
investment. Mr. Livsey said it was too soon to know for certain but a consultant is being brought
on to do an analysis of the entire water system and discover "where the vulnerabilities are."
Completion of this study is expected this winter.
Ms. Barry asked what will happen if the voluntary ban request doesn't improve the low pressure
problem. Mr. Livsey hoped that rain and cooler weather would help but if the voluntary action
doesn't work, he may come back and ask for a mandatory ban on sprinkler use during those
hours. Mr. Valente will mail notification about the request to all residents with irrigation
systems.
Ms. Ciccolo commented that it might be necessary to construct an additional water tower as the
community and demand continue to grow.
Mr. Kelley asked if the size of the main going up Grove St. was determined before Bedford
became a water customer. If it was, then the pipe is now too small to handle the increase in
demand. Mr. Pecora replied that is one of the reasons he's asked Bedford to shift its demand
times. He added that the hydraulic model study will give a better understanding of this as a
factor.
Ann Maasland, 5 McKeever Dr., said the problem happens every summer. She remembered that
7 years ago, when the problem first occurred, a water main break was fixed by putting a smaller
pipe into the larger pipe instead of replacing the broken pipe entirely. Mr. Livsey said the losses
through that pipe are insignificant and shouldn't have an impact. However, once the model is
created by the consultant, the Town will have a better understanding of where the problems are
throughout the system.
Ms. Maasland said the pressure is worse in the summer and the model would be best done during
that time. Mr. Livsey said the study will include stress and flow tests and provide a "balanced,
dynamic model" of the system that is not dependent on capturing data from the time most
affected.
Ms. Maasland said the water pressure during the 5:30 -8:30 time period goes below 20psi which
is a pressure low enough to encourage bacteria formation. Guidelines say, in order to be in the
safe zone, pressure must be above 35psi. That reading isn't reached until 12:30 in the afternoon.
She distributed a graph showing water pressure readings taken by hour through this summer,
June 20- August 12.
Bruce Jackan, 2 McKeever Dr. said that while the residents have accepted the summertime low
pressure for the past 7 years, the new problem of intermittent water discoloration has occurred
this year. Mr. Jackan showed a photograph to illustrate, saying the matter has now become a
health problem and requires attention.
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Selectmen's Meeting – August 15, 2016
Mr. Pecora said he was not previously aware of discoloration, adding it can happen when water
moves through the pipes more quickly, creating turbidity. The water isn't unsafe, although Mr.
Pecora agreed it can appear to be so.
Mark Sandeen, 10 Brent Rd., Chair of Sustainable Lexington, asked how much water use had
increased this summer over "regular" summers. Mr. Pecora replied that, in July, volume reached
9 million gallons a day. In past Julys, the volume was closer to 7 -7 % million gallons a day.
During the rest of the year, the volume is 3 -4 million gallons a day.
Mr. Sandeen said the advice given on the State website regarding conservation during drought
recommends outdoor watering precisely during the hours of 5:30 and 8:30 am. Mr. Pecora
reported that at a recent meeting with Bedford and the MWRA, the water authority said it wanted
to meet with irrigation system installers to have them shift programmed watering hours to earlier
in the morning or late in the evening.
Ms. Barry asked Mr. Valente to direct staff to look into the water discoloration problem.
Mr. Pato publically promoted the concept of regular water conservation, not only to address the
current issue.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to authorize the Director
of Public Works to implement temporary water use restrictions for irrigation meter users, for a
period of time as determined by the Director, for the purpose of maintaining water pressure and
fire protection.
Call for Special Town Meeting and Review Draft Warrant
With negotiations close to conclusion for the purchase of 171 -173 Bedford St., a Special Town
Meeting is proposed for the purpose of reviewing the plan and authorization of funds. Several
other articles are also proposed.
Mr. Kanter, speaking as a member if the Capital Expenditures Committee, noted that some of the
additional articles deal with actions to be taken following the acceptance of bids. He asked if it is
known when the bid processes will be complete.
Mr. Valente replied that the process associated with Article 3— Supplemental Appropriation for
Middle School Additions and Remodeling— should be concluded in September and the result of
the bid process for Article 4— Supplemental Appropriation for School Facilities Capital
Projects— should be known within the week. Mr. Valente noted that the Middle School bids had
all come in under budget.
Mr. Kanter asked that CapEx be kept apprised of these items so that it can include information
about them in its committee report to Special Town Meeting.
Ms. Barry said her understanding is that articles 3 and 4 are placeholders at the moment but the
School Committee will meet at 8:30 am on Thursday, August 18, to discuss bringing those
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Selectmen's Meeting — August 15, 2016
requests forward to the Board of Selectmen. The intention is for the Selectmen to sign the
warrant at 9:15 am the next day.
Mr. Cohen said the document in hand does not reflect revisions made by Town Counsel that he
reviewed and approved. Mr. Valente said he will incorporate the revisions into the final
document which he will send to the Selectmen, copying Capital Expenditures.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the call for a
Special Town Meeting, September 21, 2016, at 7:30 in Battin Hall of Cary Memorial Building.
Further, on motion duly made and seconded, the Board of Selectmen approved by a vote of 5 -0
the opening of the Warrant until Thursday, August 18, at 4 p.m. for the purpose of receiving
citizen petition articles.
Future Meetings
To meet the legal requirements for calling a Special Town Meeting, the Board must approve and
sign the Special Town Meeting Warrant by Friday, August 19. It was noted that Mr. Cohen
would be unable to attend the signing.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the call for a
special meeting of the Board in the Selectmen's Meeting Room on Friday, August 19, 2016 at
9:15 am.
Approve Notice of Unique Property 171 -173 Bedford St.:
To be designated a "unique property" under State law, the Board of Selectmen must attest that no
other location meets the Town's needs. This property would be used as "swing- space" while the
main fire station is undergoing renovation. Rapid response to fires and other emergencies means
that only a limited number of locations can be considered. Notice of this action must appear in
the Central Register for 30 days before the Town can purchase the property.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve and sign the
notice of unique real property.
Mr. Cohen pointed out that the word "Assessor's" in the legal notice, should be amended to
"Assessors ' since there is more than one assessor. The correction was noted.
Prioritization of FY17 -18 Board Goals
The longer list of goals has been reviewed and winnowed down to 17 items, now categorized as
"high ", "medium" or "low" priority.
Diane Biglow, 15 Bellflower St., questioned why the PILOP goal was given such high priority
( #3) over issues like roads and sidewalks or housing. Ms. Barry replied a looming deadline
compelled the ranking.
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Selectmen's Meeting — August 15, 2016
With the list prioritization complete, the Board has provided the level of guidance requested by
the Town Manager.
Continued Discussion on Gun Conversation
A resolution was passed by Town Meeting for the Board to develop a community conversation
about gun violence. Mr. Pato and Ms. Ciccolo have taken the lead on this directive and have
spoken to some of Lexington's State legislators, specifically looking for training programs that
have minimal budgetary impacts. They anticipate returning to the Board in September with more
concrete plans to propose going forward.
Mr. Pato said the community conversation will play out over several years and he recognizes that
the issue is contentious. He anticipates information sessions to start in the late fall/early winter.
"We want to approach it in .a way that is respectful of rights and respectful of interests and to
create an environment where everyone is comfortable to come and air their concerns."
Review Selectmen Liaison Assignments
Several committees were marked for elimination at a later meeting because they have
disbanded /dissolved: Youth Sports Council, 128 Central Corridor Coalition, Community Center
Advisory (replaced by a permanent committee), and the Sidewalk Committee (duties subsumed
by TSG). The Cary Memorial Building Renovation Design Committee is also poised to disband.
Liaison changes include: Ms. Barry will become HATS liaison since she is how Chair but her
name will be removed from the Town Celebration Committee. Mr. Pato will take over two
liaison duties currently assigned to Ms. Barry: Housing Partnership and Communications
Advisory.
It was noted that the Board has not historically had liaisons to either Capital Expenditures or the
Appropriations Committee.
Ms. Barry will forward the revised liaison list to Town staff for revision.
Approve Theatre License Renewal
The Lexington Theatre Project Inc. d/b /a Lexington Venue has submitted an application to renew
its two theatre licenses for weekdays and Sundays. The current licenses expire August 31, 2016.
On motion duly made and seconded, the Board of Selectmen approved by a vote of 5 -0 to renew
the Cinema 1 and Cinema 2 Lexington Venue theatre licenses to show movies on both weekdays
and Sundays through August 31, 2017.
Selectmen Committee Appointments:
Historic Districts Commission
Following the resignation of Britta McCarthy as the Library's representative on the Commission,
the Library's Executive Committee forwarded the names of two candidates for the Board's
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Selectmen's Meeting — August 15, 2016
consideration: Robin Lovett and Donna Hooper. Robin Lovett is currently serving as the
Library's Associate Member.
Mr. Pato, as a member of the Library's Executive Committee, reported that the Committee
supports the appointment of Mr. Lovett and that, in any case, Ms. Hooper has expressed her
preference for being named an associate member.
Selectmen's Meeting — August 15, 2016
Mr. Cohen reported that there may soon be another Library vacancy on the HDC for which Ms.
Hooper would be eligible.
Ms. Barry announced that Jon Wardwell has also resigned as an associate member of the HDC.
He served as the Historical Society's appointee. Someone has stepped forward to fill that
vacancy but has not yet gone through the entire vetting process. The new appointment is
expected to be made at the Selectmen's September 12 meeting.
Town Celebrations Committee
The Board was asked to appoint Mary Hutton as a member of the Subcommittee.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to accept the resignation
of Britta McCarthy from the Historic Districts Commission effective immediately and further to
appoint Robin Lovett to the HDC representing the Library for a term to expire December 31,
2019 and further to accept the resignation of Jon Wardwell from the HDC effective immediately
and further to appoint Mary Hutton to the Town Celebration Committee as a member of the
Subcommittee for a tern to expire June 30, 2017.
Approve Town Manager's Appointment to the Commission on Disability
Mr. Valente said that Nate Finch has resigned his position on the Commission on Disabilities,
effective immediately. Shaun Grady has applied to complete Mr. Finch's tern.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the Town
Manager's appointment of Shaun Grady to complete the term ending October 31, 2016.
Consent Agenda:
Water & Sewer Commitments & Adjustments: Chairman Barry noted one correction to
the documents in hand: 244 Wood Street, Annex 6 was included in error and should be removed
from the list. Upon motion duly made and seconded, the Board of Selectmen voted 5 -0 to
approve the Water and Sewer adjustments as noted.
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Selectmen's Meeting – August 15, 2016
Approve Use of Battle Green - LexFUN Halloween Parade
Upon motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the request
to hold a Halloween parade on Saturday, October 29. 2016, (with a rain date of Sunday, October
30, 2016) from 10:00 am to 12:30 pm on the Battle Green.
Approve One -Day Liquor License —Czech and Slovak Association
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the request of
the Czech and Slovak Association for a (1) one -day liquor license on Saturday, October 22, 2016
from 6:30 pin to 11:30 pin at the Sacred Heart Church. 21 Follen Road.
Approve One -Day Liquor License —St. Nicholas Church
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the request
made by St. Nicholas Church for a (3) three -day liquor license to serve all alcoholic beverages
for a Food Festival Fundraiser to be held at the church from 11:00 am to 11:00 pin on Friday and
Saturday, September 16 -17, 2016 and from 11:30 am to 3:30 pm on Sunday, September 18.
Approve and Sign Eagle Letter —Limn Wurtz
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to sign a letter of
commendation for Boy Scout Eagle Liam Wurtz of Troop 10, the newest of three Lexington
Scouting Troops.
Approve and Sign Proclamation — Constitution Week
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the request of
the Daughters of the American Revolution to sign a Proclamation for the 229th Constitution
Week, celebrated September 17 through September 23, 2016.
Approve Town Celebrations Committee Request for Veteran's Day Events
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the request for
a Veterans' Day Parade and Ceremonies to be held on Friday. November 11, 2016, as outlined in
their letter dated August 4, 2016. Following the parade, ceremonies will be held in Battin Hall, if
available.
Approve and Sign Proclamation— Purple Heart Community
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the request by
the Town Celebrations Committee to sign a Proclamation declaring Lexington a Purple Heart
Community. This recognition will be included in an expanded Veterans' Day program.
Approve Lowering the Battle Green Flag on September 11
David Kanter, 48 Fifer Lane, commented that the duration of the lowering should be noted in the
motion. Mr. Valente said the intent is to have the flag lowered for the day.
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Selectmen's Meeting - August 15, 2016
On motion duly made and seconded, the Board of Selectmen approved on a vote of 5 -0 to lower
the Battle Green flag on September 11, 2016 to commemorate the events of September 11, 2001.
Approve Minutes and Executive Session Minutes
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the minutes of
February 1, 2016; February 8, 2016; February 10, 2016 (meeting with the School Committee);
February 10. 2016 (Suirunit); February 22, 2016 and Executive Session minutes dated February
1, 2016; Februaryl0, 2016; February 22, 2016; and February 29, 2016. All. Executive Session
minutes were approved but not released.
Enter Executive Session: On motion duly made and seconded, the Board of Selectmen voted 5 -0
by roll call to enter Executive Session under Exemption 3: Collective Bargaining with Superior
Officers and under Exemption 6: 20 Pelham Road and the Carcia property adjacent to 227 Grove
St.., declaring that an open meeting discussion about the two properties may have a detrimental
effect on the negotiating position of the Town. It was further moved at the conclusion of
Executive Session to reconvene in Open Session for the purpose of voting to adjourn.
Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 10:45 pm.
A true record; Attest:
Kim Siebert
Recording Secretary
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Selectmen's Meeting
August 19, 2016
A regular meeting of the Board of Selectmen was held on Friday, August 19, 2016, at 9:15 a.m.
in the Selectmen Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr.
Mr. Pato and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Chabot, Acting Executive
Clerk, were present.
Approve and Sign Special Town Meeting Warrant 2016 -5
Mr. Valente stated that the Board had before them the draft of the warrant for Special Town
Meeting -5 on September 21, 2016 which has been reviewed by Town Counsel and Bond
Counsel. The one change to it from the previous draft is in Article 2. The Town has been
negotiating for the purchase of 173 Bedford Street and if negotiations go forward positively, one
of the current owners and tenants, Liberty Mutual may have between 4 -8 weeks before they can
move out from the time the Town is successful in purchasing it, so this will include language that
allows the Board of Selectmen to lease the property back to them for that short period of time.
Upon motion duly made and seconded, it was voted 4 -0 to approve and sign the Warrant for
Special Town Meeting 2016 -5.
Authorize Town Manager to Sign Traffic Control Agreement with MassDOT
Mr. Pato recused himself from this matter on advice of the State Ethics Commission attorney of
the day because it relates to a project that abuts his property.
Mr. Valente explained that as part of the Mass Ave intersection project, MassDOT requires
approval of a Traffic Control Agreement. This means that the Town agrees to maintain all of the
signage that will go in for this project, the traffic control boxes, and so forth. Mr. Valente asked
the Board to authorize him to sign the Traffic Control Agreement between the Town and
MassDOT.
Upon motion duly made and seconded, it was voted 3 -0 to authorize the Town Manager to sign
the Traffic Control Agreement between the Town and the MassDOT regarding Federal Aid
Project No. HIS /TAP- 002S(917)X; Agreement No. 96893.
Consent
Approve and Sign Eagle Letter — Eli Goldstein Haber
Upon motion duly made and seconded, it was voted 4 -0 to sign a letter of commendation for Boy
Scout Eagle Eli Goldstein Haber of Boy Scout Troop 119.
Approve One -Day Liquor License — Lexington Symphony
Upon motion duly made and seconded, it was voted 4 -0 to approve a one -day liquor license for
the Lexington Symphony to serve sparkling wine at the Opening Night Subscriber Reception
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Selectmen's Meeting — August 19, 2016
following the concert on September 10, 2016 in the Cary Memorial Building, 1605 Mass Ave.
from 10:00 p.m. to 11:30 p.m.
Approve One -Day Liquor License — Temple Emunah
Upon motion duly made and seconded, it was voted 4 -0 to approve a one -day liquor license for
Temple Emunah to serve beer at a BBQ Welcoming Event on August 26, 2016 from 5:30 p.m. to
8:30 p.m. at the Temple, 9 Piper Road.
Upon motion duly made and seconded, it was voted to adjourn at 9:25 a.m.
A true record; Attest:
Diana B. Chabot
Acting Executive Clerk
69 -470
Selectmen's Meeting
August 30, 2016
A meeting of the Board of Selectmen was held on Tuesday, August 30, 2016 at 9:00 a.m., in the
Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chairman, Mr. Kelley, Mr.
Cohen and Ms. Ciccolo; Ms. Kowalski, Assistant Town Manager for Development; Mr.
Addelson, Assistant Town Manager for Finance and Mr. Makarious, Town Counsel were
present.
Approve Right -of- Entry, Massachusetts Avenue Intersection Project
Mr. Livsey, Town Engineer updated the Board on the Massachusetts Avenue Three Intersection
project. In order to facilitate the project, the Town needs temporary rights -of -entry on
approximately 90 parcels. Of these, approximately 60 parcel owners have donated a temporary
right -of entry. The remaining parcels would need to be temporarily taken in order for Mass DOT
to proceed with the project. The remaining parcels were appraised for a total amount of $61,550.
Mr. Kelley indicated he was not in favor of the project and would be voting against the request.
Upon motion duly made and seconded it was voted 3 -1 to approve temporary rights -of -entry for
the Massachusetts Avenue Three Intersection Project.
Update - November Election Early Voting Initiative
Ms. Nadie Rice, Town Clerk, updated the Board on the Early Voting Initiative for the November
Presidential Election. Ms. Rice stated that the November Presidential Election is the first election
to allow early voting following it being signed into law in 2014 by Governor Patrick. Early
voting is allowed in the ten days immediately preceding the election. Based upon feedback
received at the Mass City and Town Clerk's conference, Ms. Rice felt that in addition to regular
hours, Lexington should also conduct early voting hours on Saturday, October 29' from 9 am to 3
pm. Early voting will take place in the Cary Memorial Building. Ms. Rice outlined the
anticipated costs to be approximately $6,250 and indicated that the State Election Division will
be granting funds to communities that have Saturday hours. Mr. Addelson indicated that the
additional funding is outside the current FY2017 budget so a supplemental appropriation to the
FY2017 budget for the anticipated gross amount needed for early voting will be made at STM
2016 -5 on Wednesday, September 21, 2016. Ms. Rice indicated the public outreach informing
residents of early voting would begin following the September elections so not to add confusion.
Motion to adjourn at 9:25 a.m.
A true record; Attest:
Suzanne E. Barry
Selectman