HomeMy WebLinkAbout2016-09-BOS-min70 -1
Selectmen' s Meeting
September 7, 2016
A regular meeting of the Board of Selectmen was held on September 7, 2016, at 4:10 p.m. in the
Selectmen Meeting Room of the Town Office Building. Ms. Barry, Chairman, Mr. Cohen, and
Ms. Ciccolo; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance;
Mr. Goddard, Director Public Works; and Ms. Burke, Recording Secretary, were present.
Letter of Intent 171 -173 Bedford Street
Mr. Valente said the Board has been negotiating with the owners of 171 -173 Bedford Street. The
property has been on the market. On August 29 we reached agreement on the purchase price. He
clarified that it is one piece of property: 171 is the address that the Town has and 173 is the
address of the property owner uses.
He proceeded to note the highlights of the Letter of Intent: The negotiated purchase price is
$4,300,000. The owners of the property have accepted that purchase price. It is currently
occupied by two entities: Liberty Mutual on the ground floor and until recently RCN on the
second floor. We are currently in the due diligence period where the Town has an opportunity to
survey the property and make a determination if the property will meet our needs. The due
diligence involves two aspects: one, an environmental review to make sure there is no
contamination on the site, and secondly, the Facilities Department is doing an architectural and
engineering review to assess the building again for Town needs. Our due diligence period goes
through our Special Town Meeting, September 21. During this period the broker for the property
will stop marketing the property as the Town has exclusive right to purchase the property. If
Town Meeting approves the purchase, the Town has 5 days to sign the Purchase and Sale
Agreement. Town Counsel is currently drafting the P & S.
Ms. Barry asked about the provision on "Publicity and Confidentiality" on page 3 of the Letter of
Intent. She indicated people seem confused about this provision. Mr. Valente explained to the
attorneys for the seller that in government, everything is public. They understood we could not
keep this Letter of Intent private. It would go not only to boards and committees but the meeting
agenda packet on the website which is available to the public.
Ms. Ciccolo was concerned about the short timeline from Town Meeting to when we have to
execute this contract, and when will we be able to see this at one of our meetings. Mr. Valente
will check with Town Counsel on the status of the draft.
Ms. Barry thanked Mr. Valente for moving so swiftly to bring us to this point.
Article Positions & Assignments for STM 2016 -5
Article 2 -- Land Purchase -- 171 -173 Bedford Street - -$4.3 Million.In addition to the
figure in the warrant, Mr. Valente indicated there would be an additional cost of $200,000 in
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Selectmen's Meeting — September 7, 2016
engineering work, legal closing costs and surveying so this would bring it to $4.5 Million. The
Board supports this article and Ms. Barry will present to Town Meeting.
Ms. Barry recognized Mr. Hurley, Chairman of the School Committee, and Mr. Goddard Public
Facilities Director.
Article 3 — Supplemental Appropriations for Middle Schools — Additions and
Remodeling.
Mr.Hurley indicated the School Committee took a vote and decided to indefinitely postpone.
Article 4 — Supplemental Appropriation for School Facilities Capital Projects
Mr. Hurley indicated this article leads to the bids for the larger classrooms and the way that it
was bid was 5 classrooms with 6 as an alternate. The bids are based on the Special Town
Meeting 1, Article 2, back in 2015. $3 Million Dollars was voted for the five classrooms or for
the alternate 6 classrooms. The bids came in above the amount appropriated and the shortfall
between the bids and the $3M leaves us $1,430,000 short for 6 modulars or, if 5 modulars, it
would be $878,000 short. The Committee voted to request a supplement of $1.430,000 for the 6
modular classrooms: 2 at Bridge, 2 at Bowman, 2 at Fiske. The reason for 6 is that we need that
much to decompress the spaces there now even without increased enrollment.
Mr. Cohen asked if the $1,430,000 will be borrowed.
Mr. Addelson answered yes. The question is how much of the supplemental appropriation will be
sought at the Special Town Meeting. When Town Meeting approved $5,386,000 last December,
it included $520,000 for design work on the Hastings School in the event the Massachusetts
School Building Authority (MSBA) did not approve that project. It was also represented at that
time if the MSBA were to approve funding of the Hastings project, that $520,000 would be
available as a potential source of supplemental funds for the modulars if the bids came in higher
than the estimates. We have a recommendation from the School Committee for 6 modulars at
$1,430,000 to which we can apply the $520,000 that is no longer needed from the appropriation
last December, to seek a net supplemental appropriation under this article of $910,000 in the
final issuance of debt. Mr. Addelson is comfortable with the language in the motion last
December that it is broad enough that it would allow the $520,000 to be used toward the
financing of the modulars.
Mr. Cohen indicated we do not have to mention the $520,000 at all in the motion. Mr. Addelson
said if everyone agrees, that is the case.
Mr. David Kanter, Capital Expenditures Committee, indicated the committee has voted to
endorse this article. Because of the compression which already exists in the elementary schools,
we need the 6 modulars to address that as well as the enrollment growth.
Mr. Kelley joined the meeting.
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Selectmen's Meeting — September 7, 2016
The Board voted to support this article and Mr. Pato will present to Town Meeting.
Article 5 — Appropriate Funds for Police Station Feasibility Study
Mr. Valente referred back to the Article 2 discussion relating to the purchase of 171 -173 Bedford
Street. The plan is, if the Town is successful in purchasing that property, the first use will be as
swing space while we renovate or rebuild the main Fire Station which will take about 16 — 18
months. Once the Fire Station project is completed, assuming Town Meeting approves that
project, the property could either be used as swing space when the Police Station is renovated or
possibly it could become the permanent home of the Police Station.
Article 5 would provide funds which would allow the Town to evaluate both sites (1575 Mass.
Avenue and 173 Bedford Street) to determine if one site would be preferable for a Police Station.
The request is for $65,000 to do that study and part of that would be a traffic study for 173
Bedford Street for either fire or police as well as studying the 173 Bedford Street building and
the existing Police Station.
Mr. Kelley indicated he supports the intent of Article 5 but he is wondering if $65,000 is enough
to perform program analysis for both sites
Mr. Goddard said they tested what the market would require to be able to receive submissions on
this. They will go out for designer /selection and through that testing of the market they arrived
at that number which also has a $5,000 contingency. Their intent with the support of the
Permanent Building Committee would be to solicit a designer who does both Fire and Police
Stations under one submission. This will make the study more efficient.
Ms. Ciccolo asked if they got to test the market for the traffic piece of the proposal. Mr. Goddard
responded "no ", but we do have experience as a result of what we have done recently.
Mr. Cohen asked where the $65,000 is coming from. Mr. Valente indicated the staff
recommendation is to come from the tax levy.
Mr. Kanter, speaking for the Capital Expenditures Committee, said CEC unanimously supported
this effort not only to update the space needs study but there are other elements that have come
into play since the needs were identified in 2010
The Board supports this article and Mr. Kelley will present to Town Meeting.
Article 6 —Amend 2017 Operating Enterprise Fund and Community Preservation Budgets
Mr. Addelson indicated there are some minor revisions and corrections to the information in the
packets and provided the corrected copies. We recently revisited our estimates of revenue that
we carried into the 2016 Annual Town Meeting to support the operating budget that was
recommended to and eventually adopted by Town Meeting. He identified changes in the estimate
of revenue:
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Selectmen's Meeting — September 7, 2016
• Property Tax Levy -- Our Tax Levy in the spring included new growth, a component of
the Tax Levy, estimated at $2.5M. We are now comfortable that the number will come in
at a minimum of $2.7M., a $200,000 increase in the tax levy.
• State Aid -- The figure that we carried into Town meeting had an assumption of 2%
increase over the previous year. This past June when the budget was voted by the
Legislature, our State Aid came in a little more than a million and a half dollar more than
we estimated last spring. The primary driver is Chapter 70 education aid which came in
$1.46M greater than we had estimated. That is money that is available for any General
Fund purpose. It is part of our fungible General Fund Revenue and is available for use for
multiple purposes.
• Revenue Offsets — The Commonwealth assesses us for a variety of charges known as the
Cherry Sheet assessments and there has been some reduction in the Cherry Sheet
assessment. Actually there was an increase of $10,000 but an offsetting decrease in
revenue offsets of $300,000 for a net of $289,993. Each year it is our practice to set aside
$300,000 to offset any potential snow and ice deficit at the end of the fiscal year. In FY17
we set aside this $300,000 for FY16 for the snow and ice deficit which never
materialized. This $289,993 is now free and clear to be applied for other purposes.
The bottom line is we are looking at a combination of these three factors of increased General
Fund revenue totaling $2,002,481.
Under Article 6 the proposal is that:
• $6,250 be appropriated to the Town Clerk's budget for early election voting.
• $30,000 be applied to Misc. Boards and Committees for Vision 20/20 to conduct a Town
Demographic Survey.
• $22,460 for a supplemental appropriation to the Economic Development budget for a
potential funding gap for the REV Shuttle.
Under Article 5, $65,000 is to be appropriated for the Police Station Feasibility Study.
Mr. Addelson proposed that the net balance of increased new revenue of $1,878,771 be
appropriated into the Capital Stabilization Fund under Article 7.
Moving on with Article 6 he said there are two housekeeping items regarding the Enterprise
Funds: It would be to decrease the MWRA assessments that were adopted under Article 5 at the
2016 Annual Town Meeting, based on the final assessments that were levied by the MWRA
Board of Directors at their June meeting. We would propose that those appropriations be
reduced for the MWRA Wastewater Assessment by $45,233 and the MWRA Water Assessment
by $28,961. These revised figures along with other components of the adopted FY17 Water and
Wastewater budgets will serve as a basis for preliminary rate recommendations that will be
brought to the Board next Monday night.
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Selectmen's Meeting — September 7, 2016
Finally, under Article 6 there would be a proposed increase of $40,000 to the debt service budget
of the Community Preservation Fund to make moneys available to retire a note that was issued
last June for the final phase of the Community Center renovations. By not converting the note to
a bond, issuance and interest costs would be saved.
Mr. Addelson sought and was granted the recommendation of the Community Preservation
Committee for the supplemental appropriation.
Mr. Kelley asked what the balance of the Capital Stabilization Fund would be after the addition
of the $1.8M. Mr. Addelson replied close to $20,000,000.
Mr. Peter Enrich, Precinct 4 Town Meeting member, and member of the 2020 Vision
Committee, further explained the Committee's request for $30,000. Twice the Vision 20/20
Committee has done community -wide surveys to determine citizen attitudes toward the Town,
services provided, what things are important to them, what quality they assigned to things that
are being done, and what their priorities are. It has been repeated every five years. Demographics
have gotten into it recently because 20/20 has been looking at changes in demographics in the
town and have identified some significant changes. In light of the demographic changes, it is
important to renew the survey and correlate it with demographic responders. The timing has been
guided by the fact that the Planning Board is gearing up for its next Comprehensive Plan and
they would love to have it completed by the time they are completing their Plan.
Mr. Kanter, Capital Expenditures Committee, indicated the CEC endorses the $40,000 retirement
of the note. He also asked about the $22,460 for the REV shuttle. Does that represent the Town
covering potential needs?
Mr. Valente said one of the property owners who has contributed in the past has not yet made a
commitment this year so this is in case they do not come through.
The Board supports this article and Mr. Cohen will present to Town Meeting.
Article 7 — Establish and Appropriate To and From Specified Stabilization Funds
Mr. Addelson said there would be two actions taken: first, to appropriate into the Transportation
Demand Management Stabilization Fund $48,621.58, revised from figure in the packet, as a
result of a payment that we received today from Lexington Place Condominiums. The
components of those payments are made under agreements with Avalon Bay, Watertown
Savings Bank, Lexington Place Condominiums and The Inn at Hastings Park.
The second action is that the residual balance of our revised estimate of FY 17 General Fund
Revenue, $1,878,771, is recommended to be appropriated to the Capital Stabilization Fund under
this article.
Mr. Kanter, Capital Expenditures Committee, indicated CEC is in favor of this transfer.
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Selectmen's Meeting — September 7, 2016
The Board supports this article and Ms. Ciccolo will present to Town Meeting.
Ms. Barry indicated they would revisit the Article Positions chart on Monday night so Mr. Pato
can register his positions.
Consent Agenda
Use of the Battle Green — 911 Remembrance Ceremony
The Lexington Interfaith Clergy Association has requested use of the Battle Green to
hold a 9/11 Remembrance Ceremony on Sunday, September 11, 2016 from 5:00 p.m. to 7:00
p.m. Police, Fire and DPW do not have any concerns with this request.
Upon motion duly made and seconded, it was voted 4 -0 to approve the use of the Battle
Green by the Lexington Interfaith Clergy Association on September 11, 2016, for a 9/11
Remembrance Ceremony 5:00 p.m. to 7:00 p.m..
Ms. Barry stated that the next meeting of the Board of Selectmen is scheduled for Monday,
September 12.
Upon motion duly made and seconded, it was voted to adjourn at 4:48 p.m.
DOCUMENTS PRESENTED: Revised "Proposed FY17 Supplemental Appropriations at the
9/21/16 Special Town meeting: Sources and Uses"
A true record; Attest:
Pauline Burke
Recording Secretary
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Selectmen' s Meeting
September 12, 2016
A meeting of the Lexington Board of Selectmen was held on Monday, September 12, 2016 at
7:00 p.m.in the Selectmen's Meeting Room of the Town Office Building. Chairman Barry, Mr.
Kelley, Mr. Cohen, Mr. Pato, and Ms. Ciccolo were present as well as Mr. Valente, Town
Manager and Ms. Siebert, Recording Secretary.
Selectmen' s Concerns/Li ai son Reports
Mr. Pato reported that he was present at the well - attended and moving Lexington Interfaith
Clergy Association's 9/11 ceremony on the Battle Green.
Ms. Barry spoke to two items:
First, she expressed thanks to Fire Chief John Wilson and Assistant Chief Derek Sencabaugh for
hosting tours of the Fire Station for over 30 Town Meeting Members in advance of the Special
Town Meeting, scheduled for Wednesday, September 21.
Second, Ms. Barry reported that she and Selectman Ciccolo attended a Chairs Plus One meeting
with representatives from the School Committee, Capital Expenditures, and Appropriations
Committees as well as with Town Manager Carl Valente, Director of Finance Robert Addelson,
and Public Facilities Director Patrick Goddard. The meeting was convened in anticipation of
Special Town Meeting to discuss a timeline for preparations for debt exclusion votes for the new
Hastings School and renovation /rebuilding of the fire station, including temporary swing space
accommodation. Ms. Barry noted that the Hastings School project has received MSBA funding.
Also under discussion at the Chairs Plus One meeting were the Lexington High School HVAC
system and relocation of the School Department's pre - school (LCP). Design funding for LCP
will be discussed at the joint School and Selectmen meeting scheduled for September 13. Ms.
Barry foresees a fall 2017 STM vote on the above projects, the timing driven to a degree by the
imperatives of the Hastings School and MSBA requirements.
Town Manager's Report
Mr. Valente noted four items and asked DPW Director Dave Pinsonneault to elaborate on the
first two:
• Mr. Pinsonneault provided an update on the recent water pressure issue in certain parts of
town, most notably the upper Grove St. neighborhood near the Bedford line. The DPW
sent out a mailing to all residents and posted information on its website to explain the
problem and to ask for a voluntary shift of residential irrigation times. The Town also
adjusted municipal irrigation times and has worked with the Town of Bedford to alter the
time frame during which it draws water from Lexington. Mr. Pinsonneault reported due
to these measures over the past two weeks, water pressure has improved in the affected
area. In addition to the above efforts, a town -wide water system assessment will be
conducted over the winter and DPW will host educational meetings to promote water
conservation throughout the year. Mr. Pinsonneault anticipates another voluntary request
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Selectmen's Meeting – September 12, 2016
in the spring as the next outdoor watering season approaches. Discussions with the Town
of Bedford about draw times and other related matters will continue. He will update the
Board as needed.
• The Public Works Department has been recognized by the American Public Works
Association for its valiant responses to the extreme winter weather of 2014/15. Mr.
Pinsonneault read the letter of commendation aloud in its entirety and reported that he
and Marc Valenti, Manager of Operations, accepted the award on behalf of the Town at a
recent conference. Ms. Barry congratulated the entire DPW team for recognition of its
"heroic efforts."
• Mr. Valente addressed the third item: Completion of the Lexington Center parking meter
update, begun in March, will occur next week when 300 additional smart meters will be
installed. The work is anticipated to conclude within 3 days. Mr. Valente said that one
lesson learned from the first phase of the project is that the meter heads should be lower
than originally envisioned. To that end, all previously installed meters have been adjusted
so that the screens can be more easily read. Mr. Valente said he has received positive
feedback about the new meters: patrons appreciate the 15 minute grace period for a quick
errand, the option to buy less than an hour's time, and the ability to use credit cards rather
than having to fumble with coins.
• Last week, Mr. Valente, DPW Director Pinsonneault, Town Engineer John Livsey, and
Representative Jay Kaufman met with MassDOT and consultants to discuss installation
of a solar panel array along highway sound barriers where Routes. 3 and 95 converge,
near Robinson Road. The panels would go on the highway side of the barrier and pose
little to no visual disturbance to abutting residents. Mr. Valente described the artist's
rendition of these panels as resembling jalousie window shades, tilted at an angle to catch
the sun. MassDOT has conducted studies to ensure that panel installation would not
impede the efficacy of the sound barriers. If we go ahead with this, it would be the first
solar panel array on a federal highway in the country. If the Board is in favor of the
initiative, meetings will be hosted to consult with the neighborhood and Sustainable
Lexington will be brought into the conversation.
Public Hearing — Flammable Storage License -509 Woburn St.
Ms. Barry opened the Public Hearing at approximately 7:13 p.m. Mr. Kelley recused himself and
exited the room due to a conflict of interest.
Ms. Barry recognized Fire Chief John Wilson who spoke in support of the flammable storage
license. The quantity of cars (at the Manor House of Lexington — Pinnacle Park LLC) and the
gasoline they hold kick in requiring a license, Chief Wilson explained. He felt there was no
reason not to approve this.
Referencing the application, Mr. Pato noted there was a distinction made between diesel and
standard gasoline. Chief Wilson said the relevant difference in this instance is that diesel is less
volatile.
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Selectmen's Meeting – September 12, 2016
On motion duly made and seconded, the Board of Selectmen approved the flammable storage
license for Pinnacle Park, LLC, for the Manor House of Lexington, located at 309 Woburn
Street, as required under Massachusetts General Law Chapter 148 on a vote of 4 -0.
The Public Hearing was closed at 7:16 pm. Mr. Kelley resumed his seat at the table.
Consider Board Position —Sept 20 Special Election Ballot for Minuteman High School Project
Ms. Barry recognized David Horton, Minutemen School Committee and Treasurer of the
Campaign for Minuteman's Future.
Mr. Horton spoke about the importance of Minuteman Technical High School, referred to Town
Meeting's unanimous support of the project, and asked for confirmation of the Board's
endorsement. The upcoming vote of sixteen member towns on Tuesday, September 20 (one poll
only in Lexington will be open noon to 8 pm) will decide the fate of a new $144M facility of
which the MSBA is expected to contribute approximately $40M. Mr. Horton reported substantial
public support for the project and said the local papers had helped get the word out. He
distributed copies of a promotional flyer and a postcard that have been sent to residents, and
noted a public information meeting scheduled for Wednesday, September 14.
Mr. Cohen said that although Town Meeting voted unanimously for the project, the struggle to
get this far has been a long one. He acknowledged the value of local news coverage of the issue,
applauding a recent Sunday OpEd in the Boston Globe by Dante Ramos that took Belmont to
task as the only member town to vote "No" on the project.
Mr. Pato said that, despite the good news of widespread support in Lexington, it was important
to make the effort to vote, especially given somewhat unusual timing and logistics. He added
that the Board has very strongly supported this as an educationally sound program and
financially a good deal for the district, better than you are going to find with another approach.
Mr. Kelley agreed with Mr. Pato, emphasizing again the unusual timing and logistics of the vote.
Ms. Barry reminded the public that registered voters may vote absentee ballot by visiting the
Town Clerk's office. The prevailing side in the election will be determined by a simple majority
across the sixteen towns.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to support the September
20, 2016 special election for the Minuteman High School building project and to encourage the
voters of Lexington to support this building project.
LexFarm Operational Plan Update
The Chair recognized Carol Kowalski, Assistant Town Manager for Development. Ms. Kowalski
introduced Carol Goldstein of the LexFarm Property Development Committee, liaison to the
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Selectmen's Meeting – September 12, 2016
Community Farming Committee and LexHab; Mark Gabrenya, Board of Directors member and
Property Committee Chair; and Susan Schiffer VP of the LexFarm Board of Directors.
Ms. Kowalski reviewed some of LexFarm's accomplishments for the year and highlighted a few
salient points from this year's operational plan.
• LexFarm sold out its 200 CSA shares this year and initiated a 10 -week CSA.
• Environmental sustainability was increased by cover crop planting.
• Major property improvements included: well pump replacement and greenhouse oil tank
removal, installation of town water /sewer hook -ups, and design and budget for an onsite
bathroom.
• A strategic planning initiative was made possible via a grant from Community
Endowment of Lexington.
• Educational program development and on -farm events continue to bring the public to the
farm.
Ms. Kowalski then presented four key points from the operational and site plan:
• LexFarm asks to submit future annual plans to the Board on January 15 rather than
December 1.
• Lex Farm asks permission to erect a temporary structure for events to provide shelter
from weather. The new bathroom and the temporary structure both require notification
and written consent from the Town Manager. LexFarm proposes a 20 -day notification
period for the structure since no notification period is specified in the lease.
• LexFarm asks for continued access via the shared driveway on the south, 48 Lowell St.
side of the property, near the farmstand building. If that access were to be unavailable,
sole access would be on the north side of the property.
• LexFarm is interested in erecting a fence and possibly reducing current curb cuts from the
street into the property in order to separate pedestrian and farm vehicle traffic. Both the
fence and the curb cut reduction require notification to the Town Manager and his written
consent.
•
The Board applauded the progress of the Farm and the efforts of all involved. The Town
Manager will review LexFarm's plan and requests.
Approve Plan— Minuteman Statue Restoration
DPW Director Pinsonneault was recognized to speak to the matter. Subsequent to the last
Selectmen's meeting, Mr. Pinsonneault convened a meeting between Daedalus representative
Josh Craine; Michael Evans, a Lexington resident with experience in metals and preservation;
Sam Doran, Chair of the Monuments and Memorials Committee; and Bebe Fallick, member of
the Monuments and Memorials Committee.
The different options for the statue were discussed and two areas of consensus were reached:
first, the statue should be cleaned and, second, it should be repaired. A third area of consensus
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Selectmen's Meeting — September 12, 2016
was that there are two different ways to approach treatment of the statue that depended upon
what "look" was desired: Should the statue look immediately and uniformly green? Or should
the statue be allowed to weather over time to achieve an appearance similar to how it looks now?
Mr. Pinsonneault asked for the Board's direction on how to proceed, saying that work would
commence after next Patriot's Day since the window to act this season has closed.
Ms. Barry clarified that the discussion on treatment includes not only the statue but the
Minuteman Memorial as well. Mr. Pinsonneault confirmed that the approach chosen for the
statue would be replicated for the memorial. Ms. Barry acknowledged receipt of a
report /recommendation from the Monuments and Memorials Committee.
Mr. Kelley asked for an accounting of the restoration budget and, additionally, what yearly
maintenance costs would be. Mr. Pinsonneault recalled that the article funding was $50,000
which he believes is more than enough to cover the cost of either option. Annually, the
maintenance price tag could be around $2,000, depending on the surface treatment chosen. He
suggested that Daedalus, the consulting company, would be a likely choice for the semi - annual
maintenance contract.
Michael Evans, 1 Carol Lane, displayed a single page PowerPoint exhibit that addressed the
question of whether to paint the statue or allow the patina to return after a time. He noted that
outdoor copper and bronze looks after itself. If the statue were to be painted, as Concord's has
been, the oxides must be stripped before paint can be applied. In the patina /non -paint option,
Incralac material would be applied as a promoter to accelerate the weathering process. This
method also reduces the amount of water that reaches the surface of the statue.
Mr. Evans recommended that if painting is preferred the Board stay tightly associated with the
process to stay in control of the color choice and make sure it is properly managed and carefully
achieved. He shared Josh Craine's opinion that the statue is in excellent condition and expressed
confidence in Daedalus to administer the appropriate level of care for the statue in the future.
The only area of disagreement between Mr. Evans and Mr. Craine was on the matter of finish
treatment. Mr. Evans characterized the difference between the options as taking the patient and
giving him surgery or an amputation (painting option) as opposed to a Band -Aid and an aspirin
(patina option).
Mr. David Kanter, 48 Fifer Lane, Town Meeting and Capital Expenditures Committee member,
who clarified that he was speaking on his own behalf, said he believed it more important to base
the decision on the long -term health of the statue rather than on attaining an immediate, uniform
appearance. He urged the Board to approve the patina /natural approach and added that painting
could always be an option for the future, if the natural approach was not satisfactory.
Ms. Ciccolo asked how long it would take for the patina to develop. Mr. Evans replied it would
be weeks to months using a benzotriazole accelerant. It basically can be done very quickly. You
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Selectmen's Meeting – September 12, 2016
will see the green almost instantly, about to the level you see on the base of the Concord
Minuteman statue.
Based on Mr. Evans' response, Ms. Ciccolo determined that she preferred the less intrusive
option. Mr. Kelley agreed, saying that one of his concerns had been the perpetual impact on the
surface. Every time you remove something, you affect the natural surface.
Mr. Pato echoed his colleagues, saying he saw no compelling reason to choose the paint option
since the natural approach is less likely to cause harm.
Mr. Cohen concurred, although he acknowledged controversy surrounding either choice was not
likely to immediately subside.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the treatment
method recommended by Mr. Evans for the natural greening of the Minuteman statue and the
Minuteman memorial.
FY17 Water & Sewer Rates —Prior Year Financials, FY17 Budget, Preliminary FY17 Rates
(Presentation 1 of 3)
Ms. Barry recognized Rob Addelson, Assistant Town Manager for Finance.
Note: Subsequent discussions of Water /Sewer rates are scheduled for September 26, when the
public may comment on preliminary Water /Sewer rates for FY17, and October 13, when the
Board of Selectmen is expected to vote on the recommended FY17 Water /Sewer rates.
Mr. Addelson covered three areas in this first presentation: Review of FY16 Water and Sewer
operations, billed consumption, and retained earnings; FY17 Water /Sewer budgets as adopted at
2016 Annual Town Meeting (direct and indirect costs) and proposed revisions to the budgets
which will serve as the basis for deciding FY17 Water /Sewer rates.
Clarifying that the FY16 accounts had not yet been audited, Mr. Addelson reported that the
Water revenue and expenditures line items both showed positive results, generating total
surpluses of approximately $885,000: $765,000 came from revenues in excess of estimates and
$119,000 was derived from lower than budgeted expenses. Revenue in excess of estimates was
attributed to two factors. In the usage category, water receipts from the Town of Bedford came in
$163,000 above expectations; Tier 3 usage generated $157,000 above expectations; and
irrigation accounts were $433,000 above the figure anticipated in the budget model.
One change to the proposed FY17 budget adopted at Town Meeting is a $28,961 decrease in the
MWRA Assessment line item. Mr. Addelson said the MWRA Board of Directors adopted the
assessment in June 2016. Based on the assessment, the FY17 Water budget will be $10,738,891
inclusive of indirect costs. This represents a 7.1% increase over FY16 or $715,940 in real
dollars. The main driver to this increase is the MWRA assessment increase of 9.8 %, attributable
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Selectmen's Meeting — September 12, 2016
to Lexington's share of the 3.5% increase in MWRA operations and Lexington's increased usage
of 10.3% between calendar years 2014 and 2015.
The FY16 unaudited Wastewater operating budget also showed higher than expected revenues,
generating a surplus of approximately $787,000 of which $175,000 is from under - budget
expenditures and $612,000 is from revenue in excess of expectations.
For the FY17 Wastewater budget, one change proposed to the budget adopted at Annual Town
Meeting is a decrease of $45,233 due to the MWRA final assessment approved in June. Based on
the above, the proposed revision to the adopted FY17 Wastewater budget will be an increase of
2.7% (or $245,194) which results in a total Wastewater FY17 budget pf $9,396,747. [Note Mr.
Addelson's memo on the subject was corrected from the original during the meeting. It should
read "a 2.7% increase" instead of "a 2.7% decrease ". The above reflects the correction.] On a
combined basis, Water and Sewer budgets will increase 5.0% over FY16.
Mr. Addelson said that proposed Water and Sewer rates are mitigated somewhat by retained
earnings from Bedford usage in excess of expectations for calendar year 2015 that covers part of
FY15 and part of FY16. Since rates differ tier to tier, Mr. Addelson showed in a chart how each
cohort would be affected. Data was provided re: usages for wet and dry years as well as a history
of water purchases between 1998 and 2016. Mr. Addelson included a Water and Sewer
comparison table showing data from the 56 participating MWRA communities.
An accounting of retained earnings was included in Mr. Addelson's memo. Again, the Town of
Bedford water purchases were the driver behind much of the retained earnings surpluses as were
in -town irrigation accounts.
Mr. Addelson noted the practice of maintaining a balance in the retained earnings column. He
said it is based on the need for reserves to address unanticipated emergency spending and to
cover revenue shortfalls. The funds also provide working capital for water and wastewater
expenditures. He proposed that this practice continue and that funds in excess of identified
thresholds be applied to mitigate rates or to finance capital. Retained earnings for Water as of
June 30, 2016 are projected to be $1,725,000 and retained earnings for Sewer for the same period
are projected to be $1,642,000.
On the subject of water pressure in the Grove St. area, Mr. Kelley asked if Lexington is now
delivering more water than its 25 -year contract with the Town of Bedford requires. He wanted to
know if it is possible for the Town of Bedford to take their water via Great Road or Maguire
Road and eliminate draws through the Grove Street conduit.
Mr. Kelley also asked if excessive retained earnings could be deployed to shield average users
from rate increases of over 3 %. It seems like we have an awful lot of revenue coming in and
retained earnings are higher than what we have had in the past, he remarked.
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Selectmen's Meeting — September 12, 2016
Mr. Pato said he was interested in the same information Mr. Kelley asked for. He added that
even though the MWRA has plenty of water right now, it is nonetheless affected by the drought.
We as a community all need to be thinking about conservation even though we are not pulling
water out of our own aquifer.
Ms. Barry reminded the Board and the audience that Mr. Addelson would return in two weeks
for the FY17 Water /Sewer rate public hearing.
Keno Application for Alexandria's, 335 Woburn Street
Ms. Barry said the Board has been contacted by the Massachusetts Lottery Commission to
comment on a Keno monitor application submitted by Alexandria's Convenience Store. This
monitor would be an addition to Alexandria's Keno -to -Go license. The Board must respond
within 21 days of receipt of the letter dated August 30, 2016, stamped as received by the
Selectmen's office on September 6, 2016.
Mr. Cohen said his inclination is to continue the Selectmen's pattern /practice of denying this
type of application. Mr. Pato noted that the Board had approved a similar application from a
private organization, the difference being the lack of public access. He added that there is one
licensed, publically accessed location in Lexington that was granted permission some time ago.
Even so, he expressed discomfort with an additional request. Mr. Cohen said that the single
licensed location received approval before the law as it is now. Mr. Kelley agreed with his
colleagues, saying he disapproved of anything that encouraged gambling.
On motion duly made and seconded, the Board of Selectmen voted 5 -0- to not support the Keno
monitor application for Alexandria's Convenience Store and to authorize the Chair to send a
letter to the Massachusetts Lottery Commission stating the Board's position.
Accept Terms of the Merion Ritter Scholarship Fund
The scholarship would be available to financially challenged graduates of Lexington and
Minuteman high schools to pursue the study of Science (preferably Environmental Science) at
the post - secondary level.
Mr. Kelley spoke in glowing terms of Merion Ritter, saying she was extremely accomplished,
deeply committed to numerous efforts, and that she embodied the volunteer spirit to the great
benefit of the town.
On motion duly made and seconded the Board of Selectmen voted 5 -0 to accept the terms of the
Merion Ritter Scholarship Fund that will be managed by the Trustees of Public Trusts.
70 -15
Selectmen's Meeting – September 12, 2016
Special Town Meeting— Article Positions
At a recent meeting that Mr. Pato was unable to attend, members of the Board of Selectmen
reviewed their individual and collective positions on Special Town Meeting articles. The item
was repeated on this night's agenda so that Mr. Pato could make known his positions on the
articles. Mr. Pato said he supports all the articles as written. Ms. Barry informed Mr. Pato that
he has been assigned to present Article 4— Supplemental Appropriation for School Facilities
Capital Projects.
Future Meeting Dates
The Board reviewed proposed meeting dates between January and June 2017. Mr. Kelley said he
plans to fly back and forth during this time period to attend all the regular meetings but he is not
sure yet about the summit dates. The Town election is anticipated for Monday, March 6, and
Annual Town Meeting is anticipated to start on Monday, March 20. Neither item has yet come
before the Board for a vote, however.
Selectmen Committee Appointments and Resignations
Two resignations have been tendered by members of the Historic District Commission: Lynn
Hopkins and Marilyn Fenollosa. One resignation was submitted from the Transportation
Advisory Committee: Francine Stieglitz. A member of the Community Farming Committee has
stepped down: Charles Lamb.
Amy Kaser has submitted an application to join the Lexington Council on the Arts.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to accept the resignations
of Ms. Hopkins and Ms. Fenollosa from the HDC, Ms. Stieglitz from the Transportation
Advisory Committee and Mr. Lamb from the Community Farming Committee, effective
immediately.
Further, the Board of Selectmen voted 5 -0 to appoint Ms. Kaser to the Lexington Council on the
Arts, effective October 2016.
Consent Agenda:
Approve Use of the Battle Green
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the
request of the 3rd Legal Operations Detachment Army Reserve of Massachusetts to use the Battle
Green on Sunday, October 16, 2016 from approximately 9:00 a.m. to 9:30 a.m. for ceremonies
before the Battle Road Memorial March to the Minuteman Park.
70 -16
Selectmen's Meeting – September 12, 2016
Commitments and Adjustments of the Water and Sewer Charges
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the
following Water & Sewer commitments and adjustments:
Water & Sewer Commitments July 2016 -- Cycle 9 Billing $422,432.71
Water & Sewer Commitments July 2016 -- Final bills $19,334.95
Water & Sewer Commitments June 2016 -- Final bills $28,274.83
and to rescind original amounts of $27,975.84 from the 8/15/16 BOS meeting and replace with
the above June 2016 amount as shown in the exhibits from the Utility Manager.
Approve One -Day Liquor License — Lexington Elks
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the
request from the Lexington Elks for a one -day liquor license to serve beer and wine only in the
outside designated area for a Manager/Member Appreciation Day on Sunday, September 18.
2016, from 12:00 noon to 6 p.m. at 959 Waltham Street. The license is approved subject to the
Elks not serving the alcohol from the Club's licensed premises and the alcohol for the outdoor
area not being taken inside and the indoor alcohol not being brought outside.
Approve One -Day Liquor License — Spectacle Management
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the
one -day liquor license request from Spectacle Management to sell beer and wine only in the
lobby of the Cary Memorial Building, 1605 Massachusetts Avenue, for the following events:
• Peter Yarrow & Paul Stookey Concert, Friday, September 16, 2016 from 7 to 10:30 p.m.;
• An Evening with Garrison Keillor, Sunday, September 18, 2016 from 3 p.m. to 5:30 p.m.
• Jimmy Tingle Comedy Show, Saturday, September 24, 2016 from 8 p.m. to 10:30 p.m.
• An Evening with Garrison Keillor, Wednesday, September 28, 2016 from 7 p.m. to 10 p.m.
• Colin Mochrie & Brad Sherwood, Thursday, September 29, 2016 from 7:30 p.m. to 10 p.m.
Approve One -Day Liquor License — Munroe Center for the Arts
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve a one -
day liquor license request to serve beer and wine only at a Retirement Reception on Friday,
September 16, 2016 from 5 p.m. to 7 p.m.
Executive Session
At 8:20 p.m., the Board voted 5 -0 via roll call to enter into Executive Session under Exemption 6
to consider the purchase, exchange, lease or value of real property, Belmont Country Club/
Hanover Development proposal, and to reconvene in Open Session only to adjourn.
Adjournment
Upon re- entering Open Session from Executive Session and on motion duly made and seconded,
the Board of Selectmen voted 5 -0 to adjourn at approximately 8:50 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
70 -17
Joint Selectmen and School Committee Meeting
September 13, 2016
A joint meeting of the Board of Selectmen and the School Committee was held on Wednesday,
September 13, 2016 at 6:00 p.m. in the cafeteria of the Public Services Building, 201 Bedford St.
For the Board of Selectmen Chairman Barry, Mr. Cohen, Mr. Pato, and Ms. Ciccolo; Mr.
Valente, Town Manager were present. For the School Committee Chairman Hurley, Mr.
Alessandrini, Ms. Crocker, and Ms. Jay; Dr. Czajkowski, Superintendent were present.
Other attendees: Mr. Addelson, Assistant Town Manager for Finance; Mr. Goddard, Director
Public Facilities; Sandra Trach, Special Assistant to the Superintendent; Maureen Kavanaugh,
LPS, Director of Planning and Assessment.
Chairman Barry called the Board of Selectmen to order at 6:10 p.m.; Chairman Hurley called the
School Committee to order.
Chairman Barry announced that due to time considerations there would be no public comment at
this meeting. Chairman Barry assigned Selectman Pato to take minutes of this meeting.
Special Town Meeting — Articles 3 and 4 Discussion
The School Committee and the Board of Selectmen reiterated their unanimous support for
Article 4 School Facilities Capital Projects and for indefinite postponement of Article 3
Supplemental Appropriation Middle School Projects.
Mr. Goddard, Public Facilities Director, reported that bids for the Middle School projects have
come in below the requested appropriation and that a supplemental appropriation would not be
needed. He then reviewed appropriations from the Fall 2015 Special Town Meeting, project
estimates, and bids for the Elementary School capital projects. The total project bids for the
acquisition and installation of 6 modular classrooms exceed the existing appropriation by
$1,430,000. $520,000 of this shortfall can be covered by the portion of the appropriation
originally intended for studies at the Hastings School which were not needed after the
Massachusetts School Building Authority (MSBA) invited Lexington into its funding process.
Article 4 requests a supplemental appropriation for the remaining $910,000.
Mr. Valente reported that about $250,000 of this supplemental appropriation represents broader
scope beyond what was described in the successful debt exclusion vote due to site conditions.
This appropriation will be eligible for debt but will not be excludable from Proposition 21/2
limits.
Enrollment Update / Work of Enrollment Advisory Group
School Superintendent Dr. Czajkowski distributed enrollment statistics as of August 31, 2016 —
the first day of school. The official submission to the DESE is October 1, 2016. The Town
continues to experience changes in enrollment throughout the year.
70 -18
Joint Selectmen and School Committee Meeting – September 13, 2016
Ms. Kavanaugh, LPS Director of Planning and Assessment, presented the preliminary enrollment
data. As of August 31, elementary enrollment (K -5) was 3,046 students. Expectations for
October 1 is that this number will increase but come in a little below the target projection and
well within the 90% confidence interval.
At the Middle School level there were 1,744 students enrolled. This is above the projected target
and just within the 90% confidence interval. High School enrollments were at 2,210 and also
near the top of the confidence interval.
Selectman Pato, a member of the Enrollment Advisory Group (EAG), reported on the group's
work. Beginning in the spring of 2016 the EAG reopened research in the effects of demographic
and housing market changes on enrollment. The group is investigating three primary questions:
1) Is the Town near saturation for incoming students —that is, are we reaching a natural
limit, or is there potential for enrollments to continue to rise?
2) What are the effects of home sales —of both new and of existing homes —on student
enrollment?
3) Are there observable demographic waves – likely sellers leading to influx of students
enrolling in the school system?
The work of the group is not complete but the findings suggest that student enrollment growth
will continue beyond the current forecast horizon (FY2021). Unless there is a regional economic
shift, it is unlikely the Town will see relief from enrollment - related pressure on school operating
and capital budgets.
Ms. Kavanaugh outlined the expected annual analysis and reports that will be generated later this
fall after the October 1 data is collected and analyzed.
DiNisco Design Proposal for LCP, Central Administration and Elementary School Capacity /
Release of Funds
Mr. Hurley introduced a proposal to request funding to further study what may be needed to do
and how to phase further work on:
1) Elementary K -5 population and where to house them
2) Where to locate a facility for the Lexington Children's Place (LCP Pre K)
3) Central Office and what might be needed to support the items 1 and 2.
The School Committee considers identifying where to locate the LCP as the highest priority.
Mr. Goddard confirmed that the most critical item is to identify what to do with the LCP. The
intention is to have the study completed in time for the School Committee to review and to bring
a funding request to the Annual Town Meeting this coming Spring. The first step is to work with
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Joint Selectmen and School Committee Meeting — September 13, 2016
LCP administration to validate expected growth and update the two existing analyses and create
an analysis of the Pelham facility. This work is expected to need about $135,000 and a traffic
analysis for the Harrington site of $15,000 should this site be confirmed for the second phase.
If the preferred target location for LCP involves displacing the Central Administration, a $60,000
3 -phase analysis would be pursued.
For elementary space issues, an examination of the Pelham property, fully evaluating the
Laconia Street property, and an addition at the new Harrington Elementary School are proposed.
An addition at Estabrook connected to the loading dock as a three -story extension of existing
classroom areas could result in a 30- section school.
Members of the School Committee and Board of Selectmen asked clarifying questions.
Ms. Barry moved and Mr. Cohen seconded a motion to authorize the release of $415,000 from
STM 2016 -1, Article 2, for the study of the Lexington Children's Place, Central Office, and
elementary school capacity study. The Board approved the motion by a vote of 4 — 0.
Central Registration Plan Update
Dr. Czajkowski presented a proposal to implement a central student registration process.
Currently student registration occurs at 10 sites — each of the school facilities. This creates
consistency issues and makes it difficult to look at ongoing system -wide changes. There can be
as many as 60 enrollment changes per site per month.
The School Committee created a position of Special Assistant to the Superintendent for
Registration and Residency to focus on the mobility issues around the district. The goal is to
begin central registration in January 2017 with Pre K, Kindergarten, and Grade 1. A best practice
identified by Brookline, where a central registration process has been implemented, is to start
small and expand over time.
Ms. Trach, Special Assistant to the Superintendent, presented the outline for the plan. The
timeline is to begin in early January for incoming students for Pre K, Kindergarten, and Grade 1
along with their siblings so that families can be kept together. To support the process staff is
looking at the software system used by Brookline and other packages that are compatible with
Lexington's system as well as manual processes.
March 16, 2017 is an important date because that is when the Kindergarten registration evening
is held which leads to an exceptionally busy period for families registering new students.
70 -20
Joint Selectmen and School Committee Meeting — September 13, 2016
Securing office space is the most critical need — space suitable for staff and families participating
in the process. This includes play space for children accompanying their parents through the
process.
School Committee and Board of Selectmen Goals for 2016 -2017
Ms. Barry outlined the subset of the Selectmen's 17 goals that are related to the interests of the
School Committee. These highlighted goals are:
#3) Affordability for Residents
#5) Sustainability Standards and Processes for Building Projects
#7) Youth Issues
#8) Public Information and Communication
#9) Public Service Impacts of Changing Demographics, Diversity
Ms. Crocker observed that goal #6) Complete Streets would benefit from inclusion of the Safe
Routes to School program.
Mr. Hurley reviewed the School Committee goals which he observed to be focused on the
business of education. He confirmed that the Selectmen's goals identified by Ms. Barry were of
common interest and that all issues of safety relate to the children in the school system.
Upon motion duly made and seconded, the Board voted 4 — 0 to adjourn at 7:13 p.m.
The School Committee voted unanimously to adjourn.
Documents Presented: SNAPSHOT OF SCHOOL ENROLLMENT
A true record; Attest:
Joseph N. Pato
Selectman
70 -21
Selectmen' s Meeting
September 21, 2016
A meeting of the Board of Selectmen was held on Wednesday, September 21, 2016, at 6:00 p.m.
in the Selectmen's Meeting Room. Ms. Barry, Chairman, Mr. Kelley, Mr. Cohen, Mr. Pato, and
Ms. Ciccolo; and Mr. Valente, Town Manager, were present.
Other attendees: Mina Markarious, Town Counsel
Selectmen Concerns and Liaison Reports
Ms. Barry thanked everyone who came out yesterday for the Minuteman High School vote. She
had challenged the Town to do double what they did in the State Primary (8 %) and they did
13 %. She also thanked the departments involved in the discussion on opioid addiction held in
Cary Hall, which she and Selectmen Cohen attended.
Ms. Ciccolo attended the Mass Bike and Pedestrian Advisory Board and they had a presentation
on a prioritization tool that the MAPC designed to help communities decide where they maintain
pedestrian or bike facilities. They will be unveiling it formally at the Moving Forward Confer-
ence next week. She believes it will be a tool of great assistance to the Town of Lexington.
Purchase and Sale Agreement — 171 -173 Bedford Street
Mr. Valente presented the draft of the Purchase and Sale Agreement. He has been working with
Town Counsel on this and wanted to know if the Board had any questions or comments.
Because of the 5 day requirement to sign this, he is asking for the Board's permission for the
Town Manager to sign this after all comments are received from the Board.
Upon motion duly made and seconded, it was voted 5 -0 to authorize the Town Manager to make
changes to the draft Purchase and Sale Agreement for 171 -173 Bedford Street as may be recom-
mended by Town Counsel, and to sign said final Agreement on behalf of the Board of
Selectmen.
Upon motion duly made and seconded, it was voted 5 — 0 to authorize the Town Manager to
make changes to the draft Lease Agreement for 171 -173 Bedford Street as may be recommended
by Town Counsel, and to sign said final Agreement on behalf of the Board of Selectmen.
Special Town Meeting — Article Positions
Nothing to discuss.
Selectmen Committee Appointments & Resignations
Upon motion duly made and seconded, it was voted 5 — 0 to accept the resignations of Paul Ross
and Nancy Shepherd from the Historic Districts Commission.
70 -22
Selectmen's Meeting — September 21, 2016
Upon motion duly made and seconded, it was voted 5 — 0 to appoint Susan Barrett to the
Transportation Advisory Committee, for a term through September 2017.
Town Counsel, Attorney Mina Markarious addressed the question of how members of the
Historic Districts Commission (HDC) are appointed. Lexington's Special Act setting up the
HDC provides for 5 full members and 4 associate members. The five full members are
nominated as follows: 2 by the Lexington Historical Society (LHS) and 1 each by the Lexington
Arts and Crafts Society (LACS), the Cary Memorial Library Trustees (CMLT) and the Board of
Selectmen. Currently, there are 2 full member vacancies, both of which are to be filled from
persons nominated by the LHS.
For associate members, Town Counsel's interpretation of the language of the Special Act is that
if there is one vacancy, each of the nominating groups (Lexington Historical Society, Lexington
Arts and Crafts Society and Cary Memorial Library Trustees) should submit one nominee and
the Selectmen will appoint one of the three. If there is more than one associate member vacancy,
the nominating groups should each submit two nominees and the Selectmen will fill the
vacancies from the six submitted nominees. The associate members do not have to track the
distribution existing with the full members, but it is up to the discretion of the Board of
Selectmen.
Mr. Cohen stated that in the past that is not the way associate members have been appointed. The
4 associate members were 2 from the Historical Society, one from the Arts and Crafts Society
and one from Cary Memorial Library. For each vacancy the original nominating body would
submit one nominee for the vacancy. Mr. Cohen suggested that the Board look into amending
the Special Act to bring back the past practice of appointing associate members or consider
adopting the General Law Statute relating to HDC's. He also noted that contrary to what several
of the most recent members of the HDC stated in their resignation letters, they do not represent
the group that nominated them. They represent the Town as a whole and their decisions should
not be influenced by the group that nominated them.
Mr. Kelley asked if this would be a change to the Special Act or would we have to involve the
State.
Mr. Cohen responded that we would have to have an article in the warrant to authorize the
Selectmen to petition the General Court for an amendment to the Special Act setting up
Lexington's HDC.
Ms. Barry stated that it appears from what they have heard tonight from Town Counsel indicates
that they need to change the way they solicit recommendations for associate members.
Ms. Ciccolo stated she wanted to note that it will be a change to what the community is used to,
so it needs to be clarified. The past practice followed a different format. We need to make sure
that groups who send nominations understand.
70 -23
Selectmen's Meeting — September 21, 2016
Mr. Pato stated that the language is plain, but it is embedded in a long paragraph so if you just
extracted the sentence, it would match what Town Counsel is saying.
Ms. Ciccolo stated that the past practice makes sense. We want associate members promoted to
full membership. Also, they do not want to end up with a situation where they end up with all
members from the same group.
Mr. Pato stated that the HDC serves a vital role for the community in preserving our heritage and
the character of the town. All appointees and nominees are serving the community, not just an
interest in the community. They should be competent but disinterested and without bias.
Ms. Susan Bennett, 64 Bloomfield St, Lexington Historical Society executive director, requests
that the Board spend a little more time explaining the meaning of the statute to determine why
the current practice is done. Another interpretation is to replicate at the Associate Level what
happens at the full commissioner level. For a full commissioner, they require 2 nominees and for
an Associate, they require 3 nominees. If there are two Associate positions open, there would be
6 nominees. Ms. Bennett asked if there would still be 6 nominees if there were 3 Associate
positions open. Attorney Markarious responded yes. Ms. Bennett stated that she does not
believe the language was meant to be interpreted that way and should have greater consideration
and research and reaching back to the original statutory construction.
Ms. Ciccolo asked Attorney Markarious if there is a reason why the nominating boards could not
send more nominees if they wished to do so. Attorney Markarious responded that the statute
does not bar them from sending more than 2, but this Board's role is to ask for 2.
Mr. Richard Pagett, Precinct 6, asked Mr. Cohen to clarify what he is suggesting. Mr. Cohen
responded that to clarify the statute, the Town would have to go to the State for approval. Mr.
Pagett stated that it does not make sense to throw out what the Town has been practicing for 60
years. He believes that what Town Counsel is suggesting is a more complicated way of doing it.
The LHS's view has always been to suggest nominees that are not always LHS members.
Mr. Cohen stated that he agrees that they should continue doing what they have always done. It
never came up before because no one ever asked Town Counsel if that was the way to do it.
There are currently some cases that are pending with the HDC and the Selectmen need to make
sure they make appointments soon.
Ms. Barry asked if the Board continues to make appointments the way they have always done,
will it give the Town any liability exposure. Attorney Markarious stated that where they have
four (4) associate openings right now, they still have the opportunity to weigh the balance and
fill those spots. In regard to exposure, he does not think there is a big risk and most courts would
agree it is very attenuated.
70 -24
Selectmen's Meeting — September 21, 2016
Ms. Elaine Ashton, 32 Cliffe Avenue, asked what would happen in the event that the entities did
not put forth any candidates.
Attorney Markarious stated that there is not any language that addresses it.
Ms. Bennett stated that she wants to reiterate the point of the importance of the HDC as an
independent regulatory body given that it is structured so that there is no monopoly on
nominations, or even undue influence the nominations. The associate members were meant to
mimic the full commissioners. Another point — one associate position was vacated in July. A
nomination has been forwarded for that position under the rules under which we have operated.
The unwieldiness of the proposed structure is going to defy administration. The statutory drafters
could not have anticipated that intent.
Ms. Ciccolo stated that if you read to the end of the section, the Commission can elect a
Chairman pro tempore, and the vacancies can be filled by the Chairman until they are duly
appointed by the Selectmen from the associates.
Mr. Pato stated that he was comfortable with past practice but with Town Counsel providing new
guidance and having the language of the statute in front of us, he would like to follow his
guidance. Mr. Kelley and Ms. Barry agreed.
Mr. Cohen stated that there was one associate member that resigned in June and at that time, the
Board did not have the guidance, and the Library submitted a nomination of one (1) person. He
would like to look into that since it was done before the new interpretation. He also agreed that
the Board should go along with the interpretation of Town Counsel but the Board should look
into changing the language to go back to what we have previously been doing.
Ms. Ciccolo stated that she agrees that the Board should follow what the Town Counsel is
advising, but for the current decision for the filling of the position, they should do what has been
traditionally followed. The language should be altered.
Consent Agenda
Approve One -Day Liquor License — Cary Memorial Library Foundation
Upon motion duly made and seconded, it was voted 5 — 0 to approve the request of the
Cary Memorial Library Foundation for a one -day liquor license to serve beer and wine at their
"Transformative Spaces Donor Thank You" event at the Cary Memorial Library on Friday
October 14, 2016, from 7:00 p.m. until 9:00 p.m.
Approve Minutes and Executive Session Minutes
Upon motion duly made and seconded, it was voted 5 — 0 to approve the minutes of, June
6, 2016, June 13, 2016, June 22, 2016 and June 27, 2016.
Upon motion duly made and seconded, it was voted 5 — 0 to approve and not release the
Executive Session minutes of June 6, 2016, June 13, 2016 and June 27, 2016.
70 -25
Selectmen's Meeting — September 21, 2016
Upon motion duly made and seconded, it was voted 5 — 0 to adjourn at 7:05 p.m.
A true record; Attest:
Jennifer Gingras
Recording Secretary
70 -26
Selectmen' s Meeting
September 26, 2016
A meeting of the Lexington Board of Selectmen was held on Monday, September 26, 2016 at
7:00 p.m. in the Selectmen's Meeting Room of the Town Office Building. Chairman Barry, Mr.
Kelley, Mr. Cohen, Mr. Pato, and Ms. Ciccolo were present as well as Mr. Valente, Town
Manager and Ms. Siebert, Recording Secretary.
Public Comments
Ms. Margie Sharfin, 9 Loring Road, spoke to the issue of the Historic District Commission's
recent spate of resignations, referring to an article in The Lexington Minuteman dated September
22, 2016. Ms. Sharfin said she was surprised to learn that the HDC now has too few members to
operate and she questioned whether Massachusetts General Law and established committee
appointment protocol had been circumvented by the Selectmen's vote to elevate an associate
committee member to full- member status over HDC- recommended applicants. Ms. Sharfin asked
how this problem would be resolved, how committee "balance" would be achieved, and whether
the traditional process of member appointment would be restored.
Mr. Cohen responded that laws governing Lexington's HDC are not those Ms. Sharfin referred
to and added that the traditional way of appointing was adhered to in this case.
Selectmen's Concerns/Liaison Reports
As the Selectmen received their flu shots, Board of Health Director Gerry Cody spoke about the
best methods to prevent the sickness and noted two upcoming public flu clinics: Saturday,
October 29, 10:00 a.m. - 2:30 p.m. at the Clark Middle School gymnasium, 17 Stedman Rd; and
Wednesday, December 7, 4:00 -7:00 p.m. at Lexington High School in the Media Room, 251
Waltham St. The clinics are open to those over 5 yrs. of age; only the Quadravalent vaccine will
be administered. This year the flu mist is not available anywhere in the country. The vaccine has
been developed to protect against two influenza A strands and two influenza B strands.
Ms. Barry reported that Claire Goodwin of the Town Manager's office is running a "Life of a
Permit" workshop on Tuesday, October 4, 7:00 - 9:00 p.m. in Estabrook Hall in the Cary
Memorial Building. Renovations and new construction will be covered. Pre - registration for the
workshop is requested.
Town Manager's Report
Mr. Valente had six items:
• Mr. Tom Case, new Chief Information Officer, was introduced. Mr. Case started in
early August and comes to Lexington with 27 yrs. of IT experience. Mr. Valente said
Mr. Case is a team player with an optimistic, enthusiastic attitude.
• Mr. Rob Addelson, Assistant Town Manager for Finance, has announced his intention
to retire in January. Mr. Valente said he has worked with Mr. Addelson for the
70-27
Selectmen's Meeting – September 26, 2016
majority of his career and added that "Rob is an incredible part of operations here."
At the request of Mr. Valente, the Board withheld expressions of appreciation for Mr.
Addelson until a future date.
• Ms. Candy McLaughlin, Program Manager in the Town's Information Technology
Department, has announced her retirement on December 16. Ms. McLaughlin has
served 29 years in the Town Manager's Office and two years in Information
Technology. She is largely responsible for implementing the Town's online
permitting system. Mr. Valente commended Ms. McLaughlin's flexibility and
willingness to tackle a variety of tasks.
• Following Special Town Meeting approval of the purchase of the Liberty Mutual
property at 171/173 Bedford Street, the process now begins to determine how to turn
the building into swing space for the Fire Station during a renovation. Also, an
evaluation will be conducted to see if the building is suitable as a permanent location
for the Police Station. Both projects will be overseen by the Permanent Building
Committee (PBC) and Mr. Valente asked the Selectmen to appoint four new
members, two to serve on the Fire Station portion of the project, which will happen
first, and two to focus on the Police Station, in a somewhat later time frame. The
process of selecting a building designer will begin mid - October. Advertisements and
interviews to choose the designer(s) for both projects will occur simultaneously. Mr.
Valente has also asked both Fire and Police Chiefs for PBC member
recommendations. It is desirable to have the new members on board in time for the
mid - October interviews.
• Burlington has contacted Lexington about buying water. The drought has critically
depleted Burlington's reservoir and town wells and the town has had an outside
watering ban in place all summer.
Mr. Valente said an agreement was made in the 1950s that opened the door for this
sort of arrangement in times of need. Burlington has contacted the DEP to start the
authorization process. Burlington has purchased water from Lexington in the past,
usually in small amounts and usually in the summer. Because Burlington is at a lower
elevation than Lexington, there should be no negative impact to Lexington's water
pressure. Mr. Valente said that both towns' engineers will evaluate and confirm this
assumption.
• Mr. Valente read an excerpt from a letter written by Police Chief Mark Corr,
commending Parking Enforcement Officer Jim Cataldo for his supervision of the
recent town center parking meter installation. Mr. Valente also read a statement from
Economic Development Officer Melissa Tintocallis that seconded Chief Corr's praise
of Mr. Cataldo.
Public Hearing— Receive Comments on Proposed FY17 Water /Sewer Rates
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Selectmen's Meeting — September 26, 2016
Ms. Barry opened the public hearing at 7:22 p.m. and recognized Assistant Town Manager for
Finance Mr. Addelson who presented information relevant to setting the FY17 water and sewer
rates. This was the second of three meetings on the matter; the third will be held on October 13,
2016, at which time it is anticipated that FY2017 rates will be approved by the Board of
Selectmen. Tonight's meeting was for the purpose of taking public comment.
Via PowerPoint presentation, Mr. Addelson reviewed information presented at the September 12,
2016 meeting during which he highlighted the results of FY16 water /wastewater operations:
billed usage and retained earnings histories including consumption drivers; the FY2017 water/
sewer budgets as adopted at the 2016 ATM; proposed changes to the budgets adopted last spring;
and preliminary recommendations for FY17 water /sewer rates.
It was noted that the rates proposed at the first meeting and the rates now proposed differ due to
a revised projection of irrigation usage, shown at the September meeting as 350,000 HCF. Data
subsequently received from the MWRA revised that number to 370,000 HCF which reduces the
proposed combined rate for the average user from 3.8% to 2.8 %.
If approved, the rates would affect the three categories of residential user in this way: a 2.8%
increase for the low user (50 HCF /yr); a 2.8% increase for the average user (120 HCF /yr); and a
2.7% increase for the high user (1000 HCF /yr).
Mr. David Kanter, 48 Fifer Lane, Precinct 7 Town Meeting member, said he would prefer to see
percentage increases that encourage conservation instead of equal application of flat percentage
increases across the three categories. He also asked whether the rates took into account the
impact of Burlington's purchase of MWRA water through Lexington as noted in the Town
Manager's report.
Mr. Addelson replied that the presentation made no assumptions about Burlington usage.
Revenue from Burlington would result in a surplus of retained earnings at the end of FY17 and
the increased volume of usage would not affect Lexington's MWRA assessment until FY18. In
all likelihood, the surplus revenue would be used to offset an MWRA assessment increase as is
the current practice.
Mr. Kanter asked whether water bans might affect water usage /revenue in the upcoming year.
Mr. Addelson said that the Town is cognizant of that possibility and added that one of the
reasons a portion of retained earnings is held on account is to cushion against revenue shortfall.
He added there is no rolling aggregate of retained earnings; the amount in that account is
recertified each year.
Mr. Bartenstein, Precinct 1 Town Meeting member and member of the Appropriations
Committee, said he was speaking as a resident but also as a member of the Appropriations
Committee who has followed the water /sewer subject over time. His major concern is usage
assumptions that drive whether the Town breaks even or experiences a surplus of water /sewer
revenue.
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Selectmen's Meeting – September 26, 2016
Saying that the Town has improved its water use /cost forecasting accuracy, Mr. Bartenstein
noted several related trends: a slow- but - gradual decline in Tier 1 and Tier 2 water and sewer
volume which he attributed to installation of modern, lower -flow plumbing and conservation
efforts; larger McMansion style homes plus an increased number of irrigation meters that result
in reduced Tier 1 and Tier 2 usage but increase Tier 3 and irrigation -rate volume. Mr. Bartenstein
attributed a large proportion of Tier 3 use increases to the Shire Corporation which ramped up in
2010 but now appears to have plateaued.
Mr. Bartenstein concluded that, although a rate increase is probably not necessary for FY17, it is
reasonable to approve a slight increase and bank anticipated dry- weather surpluses from drought
years like this one to apply them to capital projects for the long -term health of the system and to
avoid future sharp rate increases. He said he would review data from the Section 1 irrigation
usage that will be available later this week, predicting that irrigation usage will be far higher than
the forecast due to the drought conditions over the summer. Mr. Bartenstein said he will follow
up with a more specific written proposal before Oct. 13.
Ms. Barry closed the public hearing at 7:51 p.m.
LexEat Proclamation
On the occasion of LexEat Together's first anniversary, the Board congratulated the organization
for its efforts to address food insecurity and social isolation in Lexington and a proclamation of
commendation was signed by the Selectmen. Three of the four LexEat founders present were
George Murnaghan, Harriet Kaufman, and John Bernhard. Laura Derby, the fourth founder, was
unable to attend.
Ms. Barry read the proclamation in full and encouraged the public to volunteer by signing up on
the organization's web site.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve and sign the
proclamation recognizing the first anniversary of LexEat Together.
Discussion —RCN Ownership Transfer and License Renewal
Mr. Dave Buczkowski and Mr. Nick Lauriat from the Communication Advisory Committee
(CAC) presented information about RCN's license renewal and license transferal to private
equity firm TPG Capital. Mr. Buczkowski said the term of the current license is 10 years but
renewal processes begins 3 years before the expiration date.
The CAC is seeking approval from the Selectmen to start the renewal process which begins with
an ascertainment or solicitation of input from the public, the School Committee, the Town
Manager and others. CAC members report that RCN has been great to work with and they do not
foresee any future problems because TPG will keep the current RCN management structure in
place. To approve a change of license to TPG, affected towns review four criteria: management
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Selectmen's Meeting – September 26, 2016
experience, technical expertise, financial capability, and legal ability to operate under the
existing license.
RCN filed a change of license form with the State on September 9, 2016 and CAC has 30 days to
review the form and submit comments. Within 60 days —or prior to November 8th— CAC must
hold a hearing. A decision must be made by January 7, 2017 -120 days from the initial filing. If
these steps are not taken, the license will be allowed to transfer by default. CAC asks that a
public hearing be scheduled for the October 24 Selectmen's meeting. Legal notices will be
posted in the newspapers on October 6 and October 13.
Ms. Ciccolo said she serves on the Public Works and Policy Committee of the Massachusetts
Municipal Association which is looking at changes in technology and implications for cable
licensing fees, specifically due to broadband and fiber optics. She asked whether the CAC had
considered the potential impact of changing technology on local PEG access channels.
Mr. Buczkowski replied that the changing tech landscape is the reason towns do not conclude
contract negotiations with cable providers until the last possible date. Broadband, however, is not
within the purview of the license so he does not anticipate an impact. Mr. Lauriat said the
Committee has been concerned that cable revenues would trend downward as people cut the cord
in favor of internet -based entertainment. Lexington, however, has not been quick to follow that
trend so there is an ample cushion of income for LexMedia.
Mr. Pato thanked the CAC for its hard work, particularly since it deals with a lot of technical
issues and contract negotiations.
Mr. Kanter, Precinct 7 Town Meeting member, asked what percentage of the town's subscribers
are RCN customers. Mr. Buczkowski could not be specific but, of the providers available, he
believes RCN has the lowest market share of Lexington's providers.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to authorize the
Communications Advisory Committee to begin the process of negotiating a renewal cable
television license with RCN.
Review and Approve Rental Rates — Community Center
Ms. Barry recognized Ms. Sheila Butts, Director of the Community Center, and Ms. Karen
Simmons, Director of Recreation and Community Programs. Ms. Butts said the Town has been
operating the Community Center for just over a year and in that time the staff has been working
to devise an online sign up system and a schedule of fees whereby community groups can view
availability and reserve space. A fee schedule, consistent with other Town and School rental
rates, has been approved by the Recreation Committee and a copy was attached to the
Selectmen's meeting materials. The Community Center Program Advisory Committee also
reviewed the schedule at their September 22, 2016 meeting. So far, fees have not been charged
for use of Community Center space but the goal is for the Community Center to be self- funding.
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Selectmen's Meeting – September 26, 2016
Ms. Butts said the original intent of tonight's presentation was to seek rate approval but there has
been considerable community pushback now that the introduction of fees is imminent. She
stressed that the deliberation process has strived to be fair, equitable, and transparent. She asked
the selectmen for direction on how to proceed.
Ms. Ciccolo asked whether the rental fee deliberations had considered making non - profits
exempt, just as Town government committees and boards are exempt. Ms. Butts said it had been
considered but the committee found it complicated to decide which non - profits would be exempt
and which would not. Ultimately the decision to waive fees rests with the Town Manager's
office. Ms. Ciccolo said perhaps non - profits could apply formally for exemption and renew their
request periodically over time.
Ms. Ciccolo said it would be helpful to see a revenue projection for the Community Center as
well as to gain an understanding of which spaces were free for drop -in and which necessitated a
fee. She recognized the need for management controls and acknowledged the enormous amount
of work that maintaining the facility requires. Ms. Ciccolo added, however, that some
circumstances might not require set up /clean up and that this could be a factor in how— or
whether— fees are charged. Ms. Butts said she would be happy to revisit the policy and the
small room fee structure.
Mr. Pato asked if a room is not pre - reserved, could it be available for spontaneous use. Ms. Butts
said this already happens and, if the request can be accommodated, it is. She said the Center likes
spontaneous users to occupy the mansion area but it depends on what the patrons need.
Mr. Pato said there might be a difference in how drop -in and scheduled uses are handled. He
appreciates the need for fees to support the Center but, since the building constitutes an
expansion of Town space, programs and services, he would like more time and information to
consider how to proceed.
Ms. Ciccolo agreed that there is a need for spontaneously available, flexible space. We want to
make sure we always have a percentage of the rooms available for spontaneous use. If there is a
way to distinguish between the ongoing activities, week after week, and someone who wants to
book a room within 10 hours of their activity, you would always have a couple of first -come/
first - served rooms available for organic, community activity.
Mr. Kelley asked if there was an adopted policy for the Community Center to be self - financing.
Ms. Butts said it was the Center's goal to be self - sustaining within 5 years of opening the doors
and Mr. Valente said the goal is to reduce the tax subsidy after investing to build programming.
The first year the tax subsidy was $216,000, but it increased to $253,000 for the second year due
to hiring staff for additional programs.
Mr. Kelley noted some of the programs offered require payment, which is a component of the
Community Center's revenue stream. Ms. Butts said the wellness programs charge a fee for
instruction and supplies. Each program has its own budget. Other programs are free or at a low
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Selectmen's Meeting – September 26, 2016
cost. Ms. Simmons said it is important to note that staff now supported by the tax levy will move
to being paid through the Community Center enterprise fund. While the tax levy supports
$253,000 of the Center's operating costs, the enterprise fund is supposed to cover the balance but
there has been a shortfall. The Recreation Department as a whole was in the black but the
Community Center Division did not perform as budgeted.
Mr. Kelley said he is pleased to see the Town moving toward online space reservation and said
he would also like to see some of the Center's space be available for informal use.
Mr. Cohen said he hoped the Community Center would go ahead with the plan to charge fees but
noted that the waiver policy might warrant adjustment. There are certain circumstances and
groups, like LexEats, that would not be eligible for a waiver using the current criteria, but they
nonetheless serve the town in highly - valued ways.
Mr. Harry Forsdick, Town Meeting member Precinct 7 and former member of the ad hoc
Community Center Advisory Committee, spoke in favor of considering the organic user who
would like to occasionally convene small group discussions. He approved the fees as written and
also approves of the standardization of fees and how /to whom fees are applied.
Mr. Steven Heinrich, Precinct 3 Town Meeting member, asked for more clarity and transparency
about which organizations can or cannot use the Center. He is not concerned about fees but he is
concerned about whether an unofficial /undocumented non - profit can use the Center.
Ms. Elaine Ashton, President of the East Lexington Community Association, said she has
enjoyed being able to use the Center without charge. Ms. Ashton said she is not concerned about
fees, per se, but her organization is converting from 501c4 to 501c3 and would not, before the
change of status becomes official, be eligible to continue using the facility without cost.
Ms. Ciccolo asked that Ms. Butts and Ms. Simmons revisit a previously expressed idea of
instituting membership fees. If you had to pay a nominal fee to be able to book a room, that may
feel more welcoming and less of a deterrent and you may end up with the same revenue from the
small meeting rooms. Ms. Simmons said the group would be happy to reconsider the question
but added that the discussion about non - resident membership fees had become a complicated
conversation.
Staff Report — Opioid Epidemic
Public Health Director Gerry Cody; Charlotte Rodgers, Director of Human Services; Derek
Sencabaugh, Assistant Fire Chief; and Mark Corr, Chief of Police presented a report outlining
the Town's programs to address opioid abuse in the community.
Mr. Cody provided trend and statistical data. Lexington has experienced 5 opioid - related deaths
since 2012 but neighboring towns have reported far more. Chief Corr emphasized that the opioid
crisis is not new but the strength of the drug and extent of the problem has increased in recent
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Selectmen's Meeting – September 26, 2016
years. Lexington has not been complacent nor has it been hiding its head in the sand. A task
force, including those present this evening, has been meeting monthly for several years to discuss
the trends and at -risk individuals /families in an attempt to proactively provide assistance
Philosophically, there is less emphasis on legal action and more on social services. "The opioid
crisis is just one behavior of some of the things we're trying to stay ahead of," Chief Corr said.
Assistant Chief Sencabaugh showed the Selectmen doses of Narcan, which is administered via
nasal atomizer and carried on all fire response vehicles and ambulances. Police do not yet carry
Narcan but the goal is to train all officers so they can activate and administer the medication. In
2014, Lexington had 14 near - deaths that were averted using 17 doses of Narcan; in 2015, there
were 17 that required 22 doses. So far this year, there have been 11 cases that have required 18
doses. More Narcan is needed as opioids become more lethal. Mr. Sencabaugh stipulated that not
all opioid overdoses are from heroin; some are prescription drug- related.
Ms. Rodgers echoed her colleagues and added that no one should hesitate to call first responders
if an overdose is suspected. The opioid abuse task force emphasizes reduction of shame and
stigma. Another task force focal point is raising awareness about mental health and substance
abuse. The Town co -hosts with the Schools a yearly "parent academy" and monthly parent
support groups. A recent program about mental health /substance abuse with Dr. Kevin Hill of
McLean's Hospital was taped and is now available via LexMedia. This month, an informational
article will appear in the Colonial Times and public health and human services staff will be at the
October 3 Farmers' Market to provide information to the community. The School nurses are
trained and annually re- certified on how to correctly administer Narcan and the medication is on
site at all the public schools. The nurses will implement a national program called SBIRT:
Screening Brief Intervention and Referral to Treatment. In January, all 9th grade students will be
screened. Finally, information will be made available on a Town webpage.
The group announced the next medical waste collection event on Wednesday, October 5, 5:00 -
7:00 p.m. behind the Town Office Building. A second event will take place on Saturday, October
15, 9 a.m. to noon at the same location. There is no charge and all medicine /syringes are
accepted.
Ms. Barry thanked the presenting group for the informative reports and expressed gratitude on
behalf of the Town to it first responders who see the crisis first hand. She offered the Board's
support in the ongoing battle against opioid abuse.
Review Public Comments — Stormwater Regulations
This is a follow -up from a July 25th presentation. At that meeting, the DPW was asked to
continue its outreach to developers about stormwater regulations. A meeting was held for that
purpose on September 8 and revisions to the draft were subsequently made.
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Selectmen's Meeting – September 26, 2016
Two big themes emerged, according to presenters David Pavlik, Senior Engineer, and Denise
Cameron, Woodard and Curran. The first dealt with clarity of applicability and classifications. In
response, some of the definitions that appeared in appendices at the end of the document have
been pulled forward to the beginning of the document and clarifying language was added. The
second theme centered on the below - threshold category, defined as a project that disturbs less
than an acre of ground and is, basically, an erosion and sedimentation control. Developers
requested that the permitting process be streamlined since code enforcement already acts as
oversight.
Mr. Kelley participated in the September 8 meeting and he confirmed that the changes outlined
match his understanding of the feedback. He added that the development community clearly
understood the value of what was trying to be achieved. Mr. Kelley asked about the application
fee for above - threshold projects, written as "the greater of $300.00 or $0.01 per square foot." In
the interest of fairness, he recommended keeping the $300.00 but removing the $0.01 per foot
Mr. Kelley said he would like to capture the responsibility of projects —like additions to
houses —that do not entail demolition of 50% of the existing structure. Ms. Cameron said this
type of scenario is built into the building permit process and would be captured within the
erosion and sedimentation control review. Mr. Kelley said he was comfortable with this.
On motion duly made and seconded, the Board voted 5 -0 to approve the Lexington Stormwater
Management Regulations, Lexington Code, Chapter 181, Article VI, effective January 1, 2017.
Review Public Comments —Draft Payment -in- Lieu -of- Parking Policy
On July 25, a presentation of a draft Payment -In -Lieu of Parking policy (PILOP) was made to
the Board of Selectmen who offered comments and then directed staff to solicit input from a
variety of other stakeholders (Planning Board, Chamber of Commerce, Center Committee,
Zoning Board of Appeals (ZBA), property owners in the Center Business District and the general
public) through September. Melissa Tintocalis, Economic Development Officer; and Aaron
Henry, Planning Director, followed up with the Board of Selectmen to present findings and
propose revisions.
Ms. Tintocalis highlighted these changes for the Board's review:
• There was a consensus opinion among stakeholders that parking counts for an existing
building should not trigger parking mitigation costs if the building use changed. New
construction, however, would be subject to the PILOP policy;
• The suggested mitigation price of $8,000 per parking space engendered essentially two
conflicting opinions: 1) the price was too high and would therefore stall development and
2) the price was too low and amounted to a giveaway;
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Selectmen's Meeting — September 26, 2016
• The Planning Board expressed concern about the concept of a one -time payment versus
an annual payment and how the payment(s) would be administered. Also, Planning has
identified parking and zoning as a priority focus for the coming year; Mr. Henry said the
timing of the adoption of the PILOP policy might conflict with Planning's review.
Ms. Ciccolo asked if the number of people in the "fee is too high" camp was greater or smaller
than the number in the "fee is too low" camp. If no one liked it, $8,000 might actually be the
right amount. Ms. Tintocalis said the conflict was conceptual rather than split into camps of
opinion.
Mr. Kelley asked if an effort had been made to ascertain the cost of leasing a parking space. Ms.
Tintocalis said the team looked into the private market's monthly fees but did not recommend
recurring charges because of the administrative burden.
Mr. Pato asked if Ms. Tintocalis had researched the cost of constructing a parking space. While
he does not recommend charging the full true cost, he does envision the fee as a contribution
toward a longer -term solution.
Ms. Ciccolo agreed that the policy is moving in the right direction. The full, true cost of a
parking space, $25,000, is too much to charge. Lexington wants to encourage shared parking and
pedestrian or bicycle use instead of motor vehicle dependency.
Mr. Cohen agreed that the policy is well - thought out. The PILOP, however, is only focused on
the town center. He does not think there is much land left in the center so he thinks we have to
have a policy. But he does not want it to stymie any change that would be beneficial to the town.
Mr. Valente said, now that the Selectmen have commented, the Planning Board will need to
ascertain whether the PILOP constitutes an integrated bridge to any zoning changes it may
develop. Once that is done, the PILOP will come before the Selectmen again, sometime in
November.
Mr. Kanter, Precinct 7 Town Meeting member, said he believes the PILOP would be premature
if the Planning Board intends to bring forward zoning changes. He also believes the $8,000
mitigation amount is woefully inadequate. Additionally, he disagreed with eliminating the
change of use clause because intended use is what triggers the parking count requirements to
begin with. He acknowledged the time constraint to get something on the books but expressed
concern about a potential conflict between what the Planning Board might recommend and what
the PILOP requires.
Mr. John Farrington, speaking as a representative of downtown owners and developers, agreed
that the PILOP was premature. He added that there are State protections in place that the
Planning Board takes into account when deliberating change of use permits and those would
apply to a specific change of use redevelopment project envisioned for 1777 Massachusetts Ave.
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Selectmen's Meeting — September 26, 2016
As for the $8,000 mitigation charge, Mr. Farrington is of the opinion that lending institutions will
decline applications that include parking mitigation costs they consider too high.
Mr. Todd Cataldo, 168 Grant St., and Muzzey Street property owner, said that if the PILOP
passed as written, his current project would require payment of $320,000 for parking mitigation
which is approximately 20% of the cost of the entire project. If this came to pass, his project
would not be economically viable. In an MOU with the Town dating back two years, Mr.
Cataldo said he agreed to reconfigure the Cary Memorial Library parking lot in such a way that
would result in a yield of 50 additional parking spaces. He asked where this project stands and
why it has not been a priority.
Mr. Valente replied that the project is a Town priority but it has been delayed by other matters in
that area of town that he is not at liberty to discuss.
Ms. Tintocalis asked if the Board has a position on the change of use clause. Mr. Kelley said he
remains against the inclusion of the change of use provision because it is burdensome and
unnecessary and such a requirement would be detrimental to the vitality of the town center.
When the situation comes up, the parking requirement is often waived by the ZBA, in any case.
Ms. Ciccolo agreed with Mr. Kelley saying change of use should not be subject to the PILOP
because it is not a wholesale redevelopment of the building. Referring to the percentage of costs
Mr. Cataldo cited, she asked if a percentage cap of total project costs had been considered. She
added that a true understanding should be reached of how the parking resource is shared among
businesses in the center because people park once to do multiple errands. This is what we are
struggling with: the old requirements are too high, given the availability of parking, and yet we
do not want to be left holding the bag having to construct new parking for every new building.
Finally. Ms. Ciccolo said a comprehensive understanding of new growth and the role additional
tax revenue can play would be useful to the conversation.
Mr. Pato said, the more he has come to understand all the contributing factors, the more he thinks
that small changes of use do not matter. Significant increases in demand that stem from changes
of use, particularly at peak hours, are another matter. If the scale of change of use equates to a
greatly increased need for additional parking, then he believes the PILOP should apply. He also
believes that a change of use within a short time period should be viewed as potentially subject
to the policy.
Mr. Cohen asked how the timing of the PILOP affects Mr. Cataldo's 21 Muzzey St. project since
the building is already built. Mr. Valente said it was stipulated that the project be subject to any
policy put in place within a year of Mr. Cataldo's certificate of occupancy. After that year, Mr.
Cataldo would be free from additional fees. That agreement grandfathered 20 spaces so Mr.
Cataldo would owe another 20 spaces (20 x $8,000= $160,000), not 40 ($320,000) as Mr. Cataldo
had calculated. Mr. Kelley said this calculus of combining grandfathered plus new use parking
counts should be how a final number of required spaces is determined.
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Selectmen's Meeting — September 26, 2016
Mr. Valente said it was harder to know how the PILOP would affect the project at 1777 Mass.
Ave. The Planning Board has yet to determine what its policy will be but while it is responsible
for making zoning proposals, it is not responsible for parking management in the center of town.
Mr. Valente recommended that the Selectmen discuss this with the Planning Board at their joint
meeting in October.
Mr. Cohen and Ms. Barry said they were both in favor of removing the change of use clause
from the PILOP.
Receive Report from Ad Hoc Center Street Scape Design Review Committee on Tier I
Deliverables
Presenters of the Tier 1 Center Street Scape Committee findings were: Howard Levin (Chair),
Victoria Buckley (Commission on Disability) and Pamela Shadley (Center Committee). Tier 1
focuses exclusively on sidewalks and lighting, recommending an integrated approach for a
stretch of Mass. Ave. from the Minuteman Statue to Woburn St. Mr. Levin said that different
parts of the center show different levels of deterioration. The project would be done in phases.
• Recommendations for the sidewalk include: wire -cut, square -edge clay brick pavers with
no spacers, of colors ranging from red to dark brown (but not orange), laid in herringbone
pattern to absorb vibrational shock. Sidewalk construction would include root barriers,
drainage holes, and appropriate slant. The final design will comply with AAB and ADA
standards and sidewalk smoothness will be consistent, to the extent possible, with the
newly developed "Wheelchair Pathway Roughness Index."
• Lighting recommendations include: The use of LED bulbs for lower electricity and
maintenance costs with varying illumination levels dependent upon location and of the
area is used. A balance of pole height and lantern style will integrate the appearance of
center lighting. Pole, lantern, and arm designs will have a graceful, elegant curve. Tall
roadway lights will disappear as much as possible. Pedestrian lights should be used down
the entire length of the focus area. They should resemble Sasaki lights but, to minimize
cost, not be custom designed.
Ms. Buckley, Disabilities Commission representative, provided an assessment of the above
recommendations, particularly those relating to sidewalks, saying the Disability Commission has
three major concerns about the choice of brick. First, the Commission believes that the
Committee did not explore concrete thoroughly enough as an option. Second, brick is not a good
choice for individuals with disabilities because it constitutes an unnecessary hazard and can
cause sensory overload. Third, the Commission believes the importance of aesthetics should
receive less weight than the importance of functionality.
Mr. Kelley cautioned the Committee not to use the term "paver" because that did not mean
"brick" to most people and it could cause misunderstandings.
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Selectmen's Meeting — September 26, 2016
Ms. Ciccolo praised the Committee's work on such an enormous, complex task and then asked if
colorized concrete had been considered. Mr. Levin said it had been but the consideration was
short -lived because colorized concrete did not appear to be a successful alternative and problems
occur when dissimilar materials are joined. Ms. Buckley said she agrees that colorization is not
preferred because the visually impaired require material that provides contrast to make
wayfinding easier.
Mr. Cohen echoed sentiments that the report was well done and thorough. He asked if the
Committee had considered ending the brick sidewalk at the Post Office since the sidewalk from
there to Woburn St. is already concrete. Mr. Levin replied it was the goal of the Committee to
create a continuous streetscape and a gateway to and through the center.
Mr. Cohen said that although the Committee reported that brick is tolerant of salt, an area of
brick sidewalk in the center was adversely affected last winter and the effects remain visible
even now. Mr. Levin agreed that salt can accumulate on brick.
Mr. Pato also praised the Committee's work, saying the effort has raised community interest and
passion. The Board has received thousands of emails on the subject. He asked that the names of
certain individuals not on the Committee list but nonetheless deeply involved be included on
subsequent reports. Mr. Pato added that he was sensitive to the total cost of the project, as are
many members of the public. The scope of the project and the choice of materials both have
significant impact and Mr. Pato said he wants to see the cost analysis and what accommodations
the Committee might suggest.
Mr. Levin said the assumption is that the project will be done in phases and this will stagger
costs. Some of the deteriorated areas would be priorities but others can wait for a later time. He
said the Selectmen would make final decisions such as how far down Massachusetts Ave. toward
Woburn St. to carry the brick and added that the Committee does not have the resources to do
either a full cost analysis or a full life -cycle analysis. Some members of the Committee have
expertise in construction management and landscape architecture but the level of detail needed to
answer Mr. Pato's questions will require hiring a consultant.
Ms. Shadley said that the goal of the Committee is to provide recommendations that will create a
continuity of streetscape through the center of town but there is more than one way to
accomplish the goal. As the work of the Committee continues, areas identified as critical for
brick treatment can be refined.
Mr. Cohen said it had come to the attention of the Selectmen that the Committee has set up sub-
committees with some participants who have not been vetted, sworn in, or asked to complete
ethics training as required by the State. These additional people have made great contributions
but the Selectmen must approve and appoint members as process dictates. Mr. Cohen offered to
provide counsel to the Committee on what steps should be followed. Mr. Levin welcomed Mr.
Cohen's assistance.
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Selectmen's Meeting – September 26, 2016
Ms. Barry added her commendation on the Committee's work and, naming the full list of
members, she said she was delighted to learn how collaboratively members have worked
together to improve this very important aspect of the town. Ms. Buckley asked that a member of
the Council on Aging be invited to join the Committee. Ms. Barry said she would discuss this
with Mr. Levin after the meeting.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to receive the Tier 1
Report of the Ad hoc Center Streetscape Committee.
Selectmen Committee Appointments
At this time of year, the Selectmen re- appoint current sitting members of Town boards and
committees to serve for another term. To that end, the extensive list of reappointments included
in the meeting materials was acknowledged.
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to reappoint the listed
individuals to committees and boards as indicated.
Consent Agenda
Water & Sewer Commitments and Adjustments
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the
following Water and Sewer Commitments and Adjustments:
Water & Sewer Commitments -- August 2016 Cycle 9 $460,122.57
Water & Sewer Commitments -- August 2016 Final Bills $38,355.69
Water & Sewer Commitments May 2016 Final Bills $4,660.28
Adjustments to Water & Sewer /WSAB meeting 8/4/16 ($33,221.97)
Approve One -Day Liquor License — Wildflower Camp Foundation
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve a one -
day liquor license to serve beer and wine at the Wildflower Camp Foundation's "Hank Wonder
Benefit Concert" to take place at Battin Hall in Cary Memorial Building, on Saturday, October
22, 2016 from 6 p.m. until 10 p.m.
Approve One -Day Liquor License — Spectacle Management
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve a one -
day liquor license request from Spectacle Management to sell beer and wine in the lobby of the
Cary Memorial Building on Thursday, October 6, 2016 from 6:30 p.m. until 10:30 p.m.
(Manhattan Transfer /Take 6 Concert) and on Friday, October 21, 2016 from 7 p.m. until l 1p.m
(Art Garfunkel Concert.)
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Selectmen's Meeting – September 26, 2016
Liquor License Change— Lexington Golf Club
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve a
change of management request from the Lexington Golf Club following minor document updates
as requested by the ABCC.
Approve Minutes and Executive Session Minutes
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the
minutes of July 14, 2016 and July 25, 2016, and further to approve and not release the Executive
Session minutes of July 14, 2016 and July 25, 2016.
Use of the Battle Green — Lexington Minute Men Company Change of Command
Ceremony
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the use
of the Battle Green by the Lexington Minutemen for a change of command ceremony on Sunday,
October 2, 2016 from 2 p.m. until 4:30 p.m. with cannon fire, as permitted by the Fire
Department, and the use of traffic cones or barriers to reserve two spaces along the Green on
Bedford Road closest to Harrington.
Adjournment
On motion duly made and seconded, the Board of Selectmen voted 5 -0 to adjourn at 10:32 p.m.
DOCUMENTS PRESENTED: Proposed FY2017 Water /Sewer Rates
A true record; Attest:
Kim Siebert
Recording Secretary