HomeMy WebLinkAbout2017-08-BOS-min 70-438
Summit Meeting 1
Board of Selectmen, School Committee, Appropriation Committee,
and Capital Expenditures Committee
August 2, 2017
A Summit was held Wednesday, August 2, 2017 at 7:00 p.m. in the Public Services Building
Cafeteria, 201 Bedford St. Board of Selectmen (BOS): Ms. Barry, (Chair); Mr. Kelley; and Mr.
Lucente were present along with Mr. Valente, Town Manager; Ms. Hewitt, Budget Officer; Mr.
Goddard, Facilities Director; Ms. Batitte, Recreation and Community Programs Director; Ms.
DiNisco, DiNisco Designs; and Ms. Siebert, Recording Secretary.
Also present: School Committee (SC) members: Mr. Alessandrini (Chair); Ms. Colburn; Ms.
Jay; Ms. Lenihan plus Dr. Czajkowski, Superintendent of Schools; and Ms. Billings-Fouhy,
Lexington Children's Place Director. Appropriation Committee (AC) members: Mr. Bartenstein
(Chair); Ms. Basch; Mr. Levine; Ms. Yang; Ms. Yan; and Mr. Padaki. Capital Expenditures
Committee (CEC) members: Ms. Hai (Chair); Ms. Manz; Mr. Smith; Mr. Kanter; Mr. Cole; and
Ms. Beebee.
Ms. Barry called the meeting to order at 7:00 p.m. and the other committees followed suit. Ms.
Barry explained that, due to the nature of the meeting, no public comment would be taken.
Update on Sellars Property Sale (430 Concord Ave.) and Release of Artis for Past Judgments
kBoard of Selectmen Vote Only)
Closing on the sale of 430 Concord Avenue is scheduled for August 4, 2017. Artis Senior
Living, the buyer, requests that the Board of Selectmen release Artis from past judgments against
the seller, Mr. Sellars, for zoning and wetland violations on the property. As part of its purchase
of the property, Artis has agreed to address all wetland remediation. Town Counsel asks the
Board of Selectmen to authorize the Town Manager to sign the agreement as details are still
being revised at this time.
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve and
authorize the Town Manager to sign the Release of Artis Senior Living from previous judgments
against John Sellars for the property at 430 Concord Avenue, in substantially the form presented
to the Selectmen.
Discussion of Building Options for 20 Pelham Road Property
On June 8, 2017, the assembled committees asked the DiNisco design team to determine possible
locations for the Lexington Children's Place (LCP) on the 20 Pelham Road parcel, given that it
has been voted to demolish the existing building. Based on DiNisco's subsequent
recommendations, the Schools overwhelmingly chose one of two locations on the western
portion of the buildable area, away from the Youville facility. The design team continues to
study options for an expanded Community Center, viewing the site as one open campus, but it
recognizes LCP as the priority, now that LCP and the expanded Community Center projects have
been de-coupled.
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Summit 1 —August 2, 2017
Tonight, Ms. DiNisco asked the assembled committees to approve the LCP location so that a
schematic design, including a stormwater management proposal, can be ready by September 6
and approved at the next Summit on September 13. If funding passes this fall, LCP occupancy is
envisioned for September 2019.
An in-depth analysis of the Pelham Road property has found wetlands, a vernal pool with wood
frogs, ledge, a steep slope near Pelham Road, an existing detention pond, and places where an
elevated ground water table exists. Although the Conservation Commission views matters on a
case-by-case basis, recent experience with other building projects has led DiNisco to believe that
construction will be allowed within the 100' wetland buffer, although not within the 50' buffer.
DiNisco's building proposal now shows a seven-classroom facility with room enough on the site
for an adjacent four- classroom extension. The design team's goal was to minimize site costs
without adversely affecting the program or future potential for an expanded Community Center.
The new building would achieve Lexington's sustainability standards. It is envisioned as a one-
story structure as educators do not support a taller building that might house a non-conventional
grade configuration with kindergarten classrooms on a second floor.
Superintendent Dr. Czajkowski stated the new space, not including the possible 4-classroom
extension, is designed to accommodate 187 slots, an addition of 30 slots from the current LCP
capacity. The morning program is more desirable for special needs students; regular education
students more often stay the full day. LCP Director Ms. Billings-Fouhy said four of the planned
seven classrooms can accommodate afternoon programs.
There would be 75 parking spaces to accommodate LCP plans. Additional Community Center
parking has not been discussed at this stage.
Mr. Kelley suggested that inclusion of the 4-classroom extension building shell be considered,
even if the space is not strictly needed at this time. Mr. Kelley further recommended not to allow
vehicular entrance and exit via Massachusetts Avenue due to poor sightlines. He conveyed the
hope that an agreement can be reached with the Scottish Rite, which has agreed to permit
existing traffic through the museum property.
Mr. Goddard summarized the meeting's conclusions: there is no objection to the LCP siting as
proposed; the design team will proceed with a schematic design estimate, including sustainability
estimates based on an all-electric power source, for approval at the next Summit on September
13, 2017. After caucusing to discuss the extended shell concept, the consensus was not to include
it since the proposal without the shell is intended to satisfy program needs for 10 years.
In a final note, Dr. Czajkowski noted that there are now 200 more students registered than at this
time last year. An additional kindergarten section and an additional fifth grade class will be
added at Estabrook but classroom aid coverage there has now reached maximum capacity.
Ballot Questions for Potential Debt Exclusion Vote
Three issues were considered:
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Summit 1 –August 2, 2017
• Capital Projects to Consider for Debt Exclusion and how to group the projects
• Uses of Capital Stabilization Fund
• Updating for Debt Service Model
Mr. Valente said that cost estimates updated from March 2017 show a projected increase of
$2.5M for the Hastings School (net of MSBA funding); a projected decrease of$3.6M for
Pelham—Lexington Children's Place; and postponement of the Community Center expansion.
If all questions passed, the total debt exclusion would be $96,849,195. The Hastings School
question would be a separate issue, not to be bundled with any other projects. Mr. Goddard said
the $2.5M estimate change at Hastings School was due to an increase in cost for the geo-thermal
system, increased site costs, and a recalculation of the MSBA reimbursement.
At a recent meeting of Chairs and an additional member(Plus One) of the Board of Selectmen,
School Committee, Appropriation Committee, and Capital Expenditures Committee, a concept
was raised by the Appropriation Committee Chair to remove the items for purchase of 20 Pelham
Road and 173 Bedford Street from the debt exclusion since these purchases have already been
made and there is no plan to dispose of the properties should a debt exclusion vote not pass.
Instead, $12.5M in Capital Stabilization funds would be used to cover the purchase amounts,
which are currently being financed with short-term Bond Anticipation Notes. The current
balance of the Capital Stabilization Fund is approximately $28M.
Mr. Bartenstein (AC) explained that the proposal to seek excluded long-term debt for these
properties unconventional because it would not give the voters the usual choice about whether
the Town should expend funds for this purpose. Mr. Bartenstein also noted that since the interest
rate on the Town's latest long-term bond issue was 3.1%, whereas the cash held in the Capital
Stabilization Fund in now earning only about 1%there would be interest savings of about
$250,000 per year over the life of the loan. With a high school project probably on the horizon,
Mr. Bartenstein suggested it would be prudent to limit long-term debt costs as much as possible.
Ms. Barry (BOS) asked what using Capital Stabilization Funds would do to the debt service
model. Mr. Valente said the model has not been updated as yet but, in his view, using Capital
Stabilization Fund cash would limit the Town's future financial flexibility.
Ms. Colburn (SC) said the idea of using Capital Stabilization funds was worth investigating and
she would like to see a demonstration of how it would affect debt peaks and taxpayer exposure
over the lifetime of the debt load. Mr. Bartenstein said he sees this as a timing issue; by using
cash from the fund to reduce the debt incurred, tax mitigation would be spread over a longer
time—the full 20 or 30 year life of the avoided loan—resulting in less "bang for buck" in the
short term but extending the mitigation benefits beyond FY2024.
The committees caucused to consider taking the purchase prices of 20 Pelham Road and 173
Bedford Street off the debt exclusion list. Ms. Hai reported that the Capital Expenditures
Committee was unanimous in recommending they be removed and felt that doing so provided
certainty that the cost would not be carried forward in the model; Mr. Bartenstein reported that
the Appropriation Committee confirmed its earlier vote to use Capital Stabilization Funds
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Summit 1 —August 2, 2017
although it acknowledged that rolling over the current short-term loans, which have an interest
rate of about 1%, could allow the decision to be deferred temporarily without addition cost. Mr.
Alessandrini said the School Committee concurred with the Appropriation Committee and the
Capital Expenditures Committee; Ms. Barry said the Board of Selectmen chose not to take a
position until all members are present to hear the proposal and consider the question. The item
will be added to the Board of Selectmen's agenda for August 14, 2017.
Mr. Goddard confirmed that the Community Center expansion will not be included on this debt
exclusion question. The project is now in study mode; more information will be forthcoming at
the next Summit meeting in September.
The debt service model will be revised possibly twice: once after the Selectmen make their
decision on August 14, 2017 and again after the Summit in September.
Mr. Bartenstein said two other questions were raised at the Plus One meeting that should be
discussed at a later date. The first was whether Town Meeting's appropriation for the Hastings
project should be contingent on the passage of a town-wide debt exclusion. If Town Meeting
passes it and the voters do not, a non-contingent appropriation means that the Hastings project
would then have to be financed within the tax levy, resulting in a major impact to the Operating
Budget. The second question is whether other projects should be included in the debt service
model that have so far not been included, such as the high school. Ms. Barry said she would add
these items for discussion on the September 13 Summit agenda.
Ad,ourn
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to adjourn at
approximately 8:50 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
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SELECTMEN'S MEETING
August 14, 2017
A meeting of the Lexington Board of Selectmen was called to order at 6:00 PM. on Monday,
August 14, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry,
Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente,
Town Manager; and Ms. Siebert, Recording Secretary.
Selectmen Concerns and Liaison Reports
Ms. Barry noted some upcoming non-typical board meeting dates:
• On Friday, September 22, 8:00 a.m. the Board of Selectmen will hold a joint meeting
with the Vision 20/20 Committee, the School Committee, and the Planning Board to
discuss results of the survey conducted last spring. Ms. Barry and Mr. Lucente will
represent the Selectmen at this meeting.
• On Wednesday, September 27, 7:00 p.m. the Selectmen will hold a joint meeting with the
School Committee and the Human Services Committee at the Community Center.
• On Tuesday, October 10 at 7:00 p.m. there is a tentatively scheduled information session
by the Town Meeting Members Association for the upcoming Special Town Meeting.
• The fall Selectmen's Massachusetts Municipal Association conference is scheduled for
Saturday, October 14. Ms. Ciccolo and Mr. Lucente will attend.
• Fall Special Town Meeting is scheduled for the nights of October 16 and 18. The Board
of Selectmen will meet those nights at 6:00 p.m. prior to the Special Town Meeting call
to order.
Ms. Barry asked the Board to prioritize the goal setting list and return responses to Ms. Axtell,
Assistant Town Manager, by Friday, August 18. Goal setting will be an agenda item at the
August 28, 2017 Selectmen's meeting.
Town Manager Report
Mr. Valente noted three items:
A letter has been sent to the Department of Public Utilities (DPU)regarding a misleading
mailing that Lexington residents have received from Clear Choice Energy. On the DPU's advice,
the Town will contact the State Attorney General's Consumer Protection bureau and continue
efforts to inform residents about Clear Choice Energy's deceptive correspondence.
On the night of August 17, 2017, the Massachusetts Department of Transportation will resurface
Bedford Street from the intersection of the Minuteman Bikepath to the Rte. 128/95 overpass.
Massachusetts Department of Transportation (MassDOT) has erected sign boards to alert
motorists. The road will remain open during the operation. Mr. Kelley asked if residents along
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Selectmen's Meeting—August 14, 2017
the side streets should be alerted to the work schedule. Mr. Valente said that the Town has
offered to give MassDOT a list of abutters to facilitate notification but MassDOT has stated they
don't notify abutters. He emphasized this is not a Town-originated project.
Mr. Valente reviewed the list of potential Special Town Meeting articles and said his office
hopes a draft warrant will be ready for revision/approval at the Selectmen's August 28th Board
meeting.
Review Bike Share Location Options
Melisa Tintocalis, Economic Development Director, and Megan Zammuto, Economic
Development Coordinator, requested input from the Board of Selectmen regarding the location
of a bike share kiosk in Lexington Center. In the spring of 2017, Town Meeting approved pilot
program funding of$27,000 a year for two years through the Center Stabilization Fund for this
initiative and a contract has been signed with Zagster, a bike share service provider. Town staff
has been working to prepare for a fall 2017 launch, contingent on Historic District Commission's
(HDC) Certificate of Appropriateness.
It has been determined that the program will begin with one station in Lexington Center.
Installation includes temporary bicycle racks, 14 bicycles, and signage. The DPW would install
the concrete pad for an additional, unspecified cost. Based on consideration of safety, access,
and visibility of the program, the Engineering Department has selected three sites have as
possible station locations:
1. Corner of Massachusetts Avenue and Meriam Street
2. Massachusetts Avenue at the end of Grain Mill Alley
3. Meriam Street and Minuteman Bikeway near the Visitors Center
Staff recommends the corner of Massachusetts Avenue and Meriam Street. The Center
Committee and Bike Committee have not yet met to review the locations and offer their
recommendations. The Tourism Committee met on July 26, 2017 and while it did not have a
quorum, those present recommended that the station be located on Meriam Street and the
Minuteman Bikeway, closest to the Visitor Center.
Ms. Ciccolo, Ms. Barry, and Mr. Pato preferred either of the two location options on Meriam
Street. Mr. Kelley said he preferred the location closest to the bike path. Mr. Lucente does not
prefer the Massachusetts Avenue/Meriam Street location and he would like there to be kiosks
outside the Center since the Center seems a likely destination for people to ride the bikes to.
Mr. Kelley asked if the Boston/Cambridge bike share program Hubway had been considered
instead of Zagster. Ms. Tintocalis said the upfront costs are higher for Hubway and logistics
were more difficult further away from the city. Zagster bikes can also be locked independently
whereas Hubway bikes must be locked into a Hubway kiosk. The Zagster program is less
expensive for a pilot and can inform a later decision on whether to join the Hubway program.
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Selectmen's Meeting—August 14, 2017
Elaine Ashton, 32 Cliffe Avenue and East Lexington Community Association President, noted
that people on the bike path already have a bicycle so the kiosk would be best placed somewhere
visible to pedestrians or motorists.
Jerry Michelson, Chair of the Center Committee, recommends the location at the corner of
Massachusetts Avenue and Meriam Street since it provides visibility and does not obscure the
view of the Battlegreen. This location would also be better than the Grain Mill Alley location
because it is closer to the Visitors Center where helmets can be obtained.
Hearing the Board's recommendations, Ms. Tintocalis said the Grain Mill Alley location would
be eliminated and the two locations on Meriam Street would be targeted.
Discussion of Economic Development Priorities
Melisa Tintocalis, Economic Development Director; Carol Kowalski, Assistant Town Manager
for Development; Megan Zammuto, Economic Development Coordinator; and John McWeeney,
Economic Advisory Committee Chairman provided a follow up to the Economic Development
Summit on June 22, 2017, after which the Town Manger requested staff to develop
recommendations on zoning changes that would spur investment in the Town's commercial
districts. The Selectmen were asked to comment on the recommendations.
Ms. Tintocalis said that the commercial/industrial market today is looking for three things:
amenities, transportation options, and a concentration of different uses to make locations more
inviting, walkable, and accessible. Ms. Tintocalis said that zoning has not changed substantively
in Lexington in 45 years and if the Town wants to attract business development, a
reconsideration of zoning is necessary.
The concepts being presented are the creation of a new Overlay District on Hartwell Avenue and
increasing the density of the current Forbes Road CRO district. The Overlay would allow higher
density building if a development meets certain criteria and would also create a "gateway to
Hartwell", encompassing the north "node" and by-right mixed use including small scale
residential, service and retail amenities. Increasing the Floor to Area Ration (FAR)would make
it more financially feasible to demolish an existing building and redevelop in keeping with
today's market demands.
The Hartwell Avenue district has constraints that include wetlands, a flood plain, the Town's
transfer station and solar farm, and Hanscom flight path height restrictions. The Forbes Road
district also has wetlands and setback requirements. Ms. Tintocalis estimated another 500,000 SF
of new development is possible on Forbes Road. Dialogue with current property owners has
indicated that only a transformative level of zoning reform, such as a higher FAR and different
setbacks, would propel additional development investment in this commercial corridor.
Mr. McWeeney added that the King Street Properties initiative on Hayden Avenue presents the
best opportunity for increased tax revenue in the near future; approximately $1.8M is expected.
Other than that, however, there are few options without zoning reform. Mr. McWeeney noted
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that Shire has opted to expand its presence in Cambridge rather than on the 90 acres it owns in
Lexington.
The goal of zoning amendments would be to "set the table" for future development so that
permitting can be expedited for interested applicants. Ms. Tintocalis asked the Board to think of
the north node of Hartwell Avenue as a potential redevelopment success model that doubles as a
commercial gateway.
Ms. Ciccolo believed it would be clearer to modify the Hartwell Avenue Transportation
Management Overlay District(TMOD) instead of creating a separate Overlay. Ms.Tintocalis
said the north node Overlay would allow for an expanded list of by-right uses and would require
a higher level of transportation management to be approved for special permitting.
Mr. Kelley asked if the wetlands on both Hartwell Ave and Forbes Road have expanded over
time. Mr. McWeeney said that FEMA has remapped but Ms. Tintocalis assured the Board that
the maps have been reviewed recently by the Town's Conservation Agent.
Ms. Barry agreed that Lexington needs to have tools in its toolbox to facilitate the development
the Town wants and needs.
Mr. Pato said the Hartwell Avenue north node is distinct from rest of Hartwell Ave and should
therefore have a different Overlay and set of incentives. He also recognized that residential
taxpayers are eager for some form of relief that a more robust commercial sector can provide.
Mr. Lucente asked what the height restrictions are on Hartwell Avenue. Ms. Tintocalis said that
the height restriction varies depending on the location but it is useful to think about three stories
as the general limit. Mr. Lucente said he believes it is important to work on this rezoning
initiative expeditiously.
The Board of Selectmen unanimously supported Ms.Tintocalis continue to delve into the
Overlay concept and present updates as they are available. Ms. Ciccolo asked that affordable
housing be included in any special permitting for residential mixed-use development.
Entertainment License -Bertucci's Restaurant
Bertucci's Restaurant, 1777 Massachusetts Avenue has applied for an Entertainment License for
the purpose of providing live acoustic, unamplified music (guitar/keyboard) as background
music for diners in the outdoor seating area. The music is for the enjoyment of the dining patrons
with no cover charge. Though no formal public hearing is required for an Entertainment License,
notice of the request was sent to abutters of 1777 Massachusetts Avenue.
Bertucci's General Manager Bobby Kazis asked the Board of Selectmen which of two possible
outdoor patio locations was preferred. The Board reached consensus on the location nearest the
door to the restaurant, stipulating that the sidewalk passageway be kept clear so that pedestrians
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are not forced into the narrow sidewalk strip closer to the street. Mr. Kazis stated that any
complaints would be fielded by restaurant staff.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve an
Entertainment License to Bertucci's Restaurant, 1777 Massachusetts Avenue for the purpose of
providing live acoustic music in the outdoor seating area without blocking the main passageway
of the sidewalk on Thursday - Saturday from 6:00 p.m. to 9:30 p.m.
Draft Report and Recommendations—Hartwell Avenue Compost Operations
Robert Beaudoin, Environmental Services Superintendent; David Pinsonneault, DPW Director;
and Jennifer Hewitt, Budget Officer presented a review of the long-term viability of the Hartwell
Avenue Facility's Revolving Account. Due to the impact of the solar installation and the current
and anticipated capital needs at the Hartwell Avenue Compost Site, staff proposes fee increases
and potential new revenue sources. A vote on this proposal is expected at the September 11,
2017 Board of Selectmen meeting.
Mr. Beaudoin stated he has reached out to the Town of Arlington now that the Hartwell facility
solar project has been completed to determine whether Arlington wants to renew its suspended
yard waste contract with Lexington. Arlington has indicated it will stay with its new
arrangement, meaning that Lexington's revenue from this source has been lost for the time being.
The $475,000 windrow turner was purchased last November. A new screener and onsite office
are still to be installed. To cover the $90,000 loss of revenue from Arlington and to maximize the
windrow and screener assets, Mr. Beaudoin recommended that yard, grass, and brush disposal
rates be raised and sales prices be raised for finished compost, loam, super loam, and leaf mulch.
These rates have not been increased since 2005.
Ms. Barry asked why the brush disposal prices were not recommended to increase higher than
$10 if other facilities charge between $14 and $15. Similarly, she asked why the super loam
would not be sold for a higher price since others charge more than the recommended price of
$20. Further, Ms. Barry asked any grants had been applied for. Mr. Beaudoin replied that
facilities that charge more than $10 for brush disposal accept material larger than 4 inches in
diameter and Lexington is not willing to increase the diameter maximum. Mr. Beaudoin and Mr.
Pinsonneault said pricing was a delicate balance and they prefer to take a gradual approach to
increases. Mr. Beaudoin said he has applied for a recycling incentive grant through the State's
Recycling Dividends Program that could bring in $10,000412,000
Mr. Pato asked if revenue goes into the General Fund. Mr. Valente replied that the funds are put
in a Special Account to offset facility's operations unless Town Meeting votes otherwise. The
goal is not for the facility to make money but to cover operating expenses. Ms. Hewitt noted
there was a net loss of about$120,000 in FY17, largely due to loss of Arlington's disposal
contract.
David Kanter, Precinct 7 Town Meeting Member and Capital Expenditures Committee member,
said he has been concerned about the finances of the Hartwell facility with respect to the loss of
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revenue from Arlington during the solar farm installation. He hopes there can be a cushion in the
Special Account to cover exigencies. Mr. Kanter said data on how much is brought in yearly by
permit holders would be useful to make sure pricing is appropriate.
Update on Trash and Recycling Activities for FYI
Robert Beaudoin, Superintendent of Environmental Services, and David Pinsonneault, Director
of Public Works, presented the yearly update on trash and recycling. Trash tonnage has remained
relatively flat for the last four years at just over 8,000 tons. The recycling tonnage plateaued after
a decline in the recession. Mr. Beaudoin noted that from a recycling high of 5446 tons in FY02,
newspaper became a less significant component of the recycling, reducing overall tonnage by
1000 by FY17. Additionally, more plastic than glass is now used for containers.
Proposals have been received for the new waste hauling contract. These are now being reviewed
and a contract award recommendation will come before the Board of Selectmen in the fall.
Options include status quo service, automated trash and automated single stream recycling; and
automated trash and manual recycling.
Revise New Water Meter Purchase and Related Fees
Ralph Pecora, Water/Sewer Superintendent and David Pinsonneault, Director of Public Works
presented fee increases to be put in place so that the Town can adequately cover its costs for
materials and services.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
proposed water meter services and fee schedule as presented.
Approve Street Acceptance Schedule
David Pinsonneault, Director of Public Works, and Michael Sprague, Staff Engineer, requested
approval of the timetable for FYI to bring forward street acceptance requests to Town Meeting.
To date, there are two potential street acceptance requests. Mr. Sprague noted that the street
acceptance process is the same as previous years although relevant dates have been changed. Ms.
Barry noted that all of the dates correlate to dates when the Selectmen will be meeting.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adopt the Street
Acceptance Schedule as presented.
Continue Discussion -Fall 2017 Debt Exclusion Vote
The Board continued its discussion from the August 2 Summit meeting regarding which capital
projects to include on a potential debt exclusion ballot question. The discussion included a
proposal from the Appropriation Committee and the Capital Expenditures Committee to
withdraw the purchase prices of 173 Bedford Street and 20 Pelham Road from the debt exclusion
and pay for them instead with Capital Stabilization funds. Support for this approach at the
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Selectmen's Meeting—August 14, 2017
Summit was unanimous from the Appropriation Committee, the Capital Expenditures
Committee, and from the School Committee members present at the Summit. The Board of
Selectmen did not choose a position because not all members were present.
Ms. Barry asked Mr. Valente what removing the $12.443M in property purchase costs would
mean to the Capital model. Mr. Valente said staff has not yet re-worked the model but will do so
once a decision is made about how to proceed and once solid project estimates are in hand. He
stated there are two decisions the Board of Selectmen will have to make. First, should the
purchase prices of these two properties be included in the debt exclusion vote? Second, if the
prices are not included but shifted to within levy debt, how will the cost be paid? Because of
concern about the impact to the Capital Stabilization Fund, Mr. Valente suggested a third
possibility in which not all of the purchase cost, now in short term debt, is paid off using the
Fund. This would provide flexibility for the Town's financial options. Mr. Valente further noted
that the construction industry is very busy regionally and in this landscape the Town has not
received favorable quotes for recent projects.
Mr. Lucente asked what the impact would be, interest-wise, of this third approach. The
Appropriations Committee has calculated that not borrowing for the purchase costs would save
the Town $250,000 annually for the term of the loan. Mr. Lucente believes if the interest cost is
low, the community will support it more enthusiastically.
Mr. Pato noted that both in levy and excluded debt projects have been paid for with Capital
Stabilization funds in the past. The path forward that provides the most flexibility would be for
the community to support a debt exclusion vote but the Town pays the debt from some other
source beside tax increases
Mr. Kelley said he preferred not to see the property purchase prices included in the debt
exclusion vote. He remains concerned about the final price tag for the Hastings School project
inclusive of the geothermal and solar components and the impact of utility rate changes on
Lexington's solar power generation.
Ms. Ciccolo said she wants to keep the total size of the debt exclusion as low as possible and
agrees the property purchases should not be included in the vote. She likes the middle ground
Mr. Valente described and favors aggressively paying down the rolled over short-term debt but
she is not comfortable with the idea of exhausting the Capital Stabilization Fund. She would like
to see the revised models.
John Bartenstein, chair of the Appropriation Committee, noted that the balance in the Capital
Stabilization Fund is now $28M. Until the present time, the financial model has projected the
balance to be intentionally exhausted by FY2024, mostly to pay off incurred excluded debt.
Preserving the Capital Stabilization Fund, which gains 1%in interest, versus borrowing to cover
debt at a 3%interest rate, represents a 2%loss. These savings over the life a loan, leverage
$12.443 from the Capital Stabilization Fund to $14M-$15M.
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Selectmen's Meeting—August 14, 2017
David Kanter, Capital Expenditures Committee, said CEC wants flexibility but is nonetheless
unanimous in supporting the use of the Capital Stabilization Fund rather than bonding the
purchase prices. Mr. Kanter believes that using the Fund will eliminate uncertainty.
Ms. Ciccolo, Mr. Kelley, and Mr. Lucente agreed the purchase prices should be removed from
the debt exclusion vote. Mr. Pato said he has not yet made up his mind but he is not inclined to
remove them because debt exclusions are project-based rather than price tag-based. Town
Meeting was apprised of the projects and the financial modeling before the property purchases
were made. He would like to see the modeling before coming to a conclusion.
Ms. Ciccolo asked for a model that demonstrates how the payments would be timed in a ten year
loan scenario. Mr. Pato said he would like to see how a short-term loan rollover scenario would
impact long term capital budgeting.
Mr. Valente stated that using Capital Stabilization funds for this purpose will mean that there
will be less to cushion taxpayers from upcoming excluded debt projects. In the current model,
the target goal has been to keep taxpayer impact to 4% or less. Ms. Barry said this topic would
reappear at the next Summit on September 13, 2017. Mr. Valente said staff will not be able to
accurately run a new model until projects numbers are solidified.
Mr. Lucente asked if a list of assumptions could be included in the model narrative, such as
expending the entire Capital Stabilization Fund by FY2024. Mr. Valente said there is an
additional assumption that$2M would be added to the Stabilization Fund each year for the next
two years, based on another Revenues and Expenditures model.
Ms. Barry asked the Selectmen to consider, exclusive of a stand-alone Hastings School vote, if
the other projects would be bundled. Also, would the projects be contingent or not contingent.
Special Town meeting discussions will take place at all upcoming Selectmen's meeting.
Approve and Sign Purchase and Sale Agreement 241 Grove Street
Mr. Valente recommended that this item be postponed while additional survey work is being
conducted.
Approve Keeler Farm LIP Regulatory Agreement
Mr. Valente stated that as part of the Planning Board's approval of the Keeler Farm subdivision,
the developer was responsible for providing one affordable housing unit(rental), to be owned
and managed by LexHab. The Massachusetts Department of Housing and Community
Development(DHCD)requires a Regulatory Agreement for this unit, outlining the parameters
for selecting tenants and renting this unit to an income qualified family. The Town's Regional
Housing Services Office will monitor the terms of this agreement.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the Town
Manager to sign the Keeler Farm LIP Regulatory Agreement.
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Selectmen's Meeting—August 14, 2017
Response to Open Meeting Law Complain against Planning Board
The Board of Selectmen has received an Open Meeting Law complaint from resident Lin Jensen
regarding the Planning Board. Ms. Barry, the Town Manager and Planning Director have
reviewed this complaint and could not find a basis for a violation of the Open Meeting Law.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the
Chairman to sign the letter to Ms. Lin Jensen regarding her concern of an Open Meeting Law
violation.
Revise Parking Regulations—Watertown Street and Pleasant Street
At the Selectmen's meeting on July 31, 2017,the Board approved adding bicycle lanes to a portion
of Watertown Street. The Board is asked to approve the related Traffic Rules and Orders.
The revised regulation being presented separates Watertown Street(No parking/bikelane) from
Pleasant Street(no parking.)With reference to Pleasant Street, Mr. Pato noted that the new
regulation says "to Luongo Farm Lane" instead of a measurement in feet as stipulated in the
former regulation. He asked if there is another no parking zone from there to Massachusetts
Avenue. Mr. Valente said he will look into this.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the
Traffic Rules and Orders rescinding the existing parking regulations on Watertown and Pleasant
Streets and instituting a new regulation regarding a bike lane and parking restrictions.
Selectmen Committee Appointments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Joseph Pato
as a liaison and Michelle Ciccolo as an alternate to the Comprehensive Plan Advisory Committee
and to approve Doug Lucente as a liaison to the Community Center Program Advisory
Committee.
Future BOS Meeting Dates - Jan-June 2018
Ms. Barry presented a list of upcoming meeting dates and asked members to alert her and the
Selectmen's Office by email to any conflicts.
Consent Agenda
Water& Sewer Commitments & Adjustments
The Water& Sewer Commitments and adjustments are as follows:
Water& Sewer commitment June 2017 Final Water Bills $ 13,516.18
Water& Sewer adjustment as recommended by WSAB 6-29-17 $ (213,072.80)
Water& Sewer adjustment as recommended by WSAB 6-29-17 $ (31,770.32)
Water& Sewer adjustments as recommended by WSAB 7-27-17 $ (592.81)
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Selectmen's Meeting—August 14, 2017
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Water
& Sewer Commitments and adjustments as presented.
Approve Lowering the Battle Green Flag on September 11, 2017
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to lower the Battle
Green Flag on Monday, September 11, 2017, the anniversary of 9/11 in memory of all those who
lost their lives.
Add ourn
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 9:06 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
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Joint Meeting
Board of Selectmen, School Committee,
Permanent Building Committee, and
Sustainable Lexington Committee
August 15, 2017
A Joint Meeting was held Tuesday, August 15, 2017 at 7:00 p.m. in the Public Services Building
Cafeteria, 201 Bedford St. Board of Selectmen (BOS): Ms. Barry, (Chair); Mr. Kelley; Mr. Pato;
and Mr. Lucente were present along with Mr. Valente, Town Manager; Mr. Goddard, Facilities
Director; and Ms. Siebert, Recording Secretary.
Also present: School Committee (SC) members: Mr. Alessandrini (Chair); Ms. Steigerwald; Ms.
Colburn; Ms. Jay; Ms. Lenihan and Dr. Czajkowski, Superintendent of Schools. Permanent
Building Committee (PBC) members: Mr. Himmel (Chair); Mr. Clarke; Mr. Favazzo; Mr.
Oldenberg; and Mr. Perry. Sustainable Lexington Committee (SLC) members: Mr. Sandeen
(Chair); Ms. Gens; Mr. Rhodes; Mr. Voss; and Mr. Chernick, member of the Energy
Conservation Committee (ECC).
Review Integrated Building Design—New Hastings School
The meeting was called to order at 7:07 p.m. Ms. Barry explained that the meeting was convened
at the request of the Permanent Building Committee.
Background: On February 27, 2017, the Board of Selectmen voted 5-0 to support an all-electric
building supplemented with geothermal wells at the new Hastings School. Early cost projections
were in the neighborhood of$600k for the geothermal provisions. As a result, both open loop
and closed loop geothermal options were studied. Cost, performance and longevity were
evaluated. A test well was drilled. On July 26, 2017, Permanent Building Committee members
reviewed financial modeling for the preferred design that indicated the return on investment for a
projected $2.2M geothermal investment would require 222 years. The PBC decided that the
spike in the geothermal cost projections warranted a meeting with the Board of Selectmen,
School Committee, and Sustainability. At the beginning of the meeting, the PBC indicated that
further refinement of the site and building design decreased the number of geothermal wells and
hence, lowered the estimated cost to $1.8M, and shortened the return on investment to 187 years.
It was noted that the Massachusetts School Building Authority (MSBA)would not include a
geothermal energy system in reimbursement considerations. In order to stay on track, DiNisco
Design requires direction within a few days for how to move forward. The Permanent Building
Committee (PBC) asks the group to consider if the benefits justify the cost and payback duration.
Mr. Sandeen then gave a presentation in support of the geothermal option and the added
projection cost. Multiple factors were addressed: the health and safety of our students and staff,
indoor air quality, the volatility and uncertainty of gas pricing; the cost differential per therm of
gas versus all-electric for heating and cooling modeled over three energy price scenarios;
expected savings from solar and energy storage implementations; minimization of CO2
emissions; avoidance of additional gas leaks and rejection of fracking technology; staying true to
Lexington's stated values and responses to climate change; taking advantage of some current and
anticipated State incentives and alternative energy credits for geothermal heating systems;
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Joint Meeting—August 15, 2017
staying abreast of State clean energy standards and goals; health and safety benefits. Mr.
Sandeen noted that recent geothermal projects including a school in Massachusetts have cost
$25.90 per foot for the wells as opposed to the $42.00 per foot in Lexington's projections,
meaning that the project cost could be $1M-$1.9M instead of$2.3M. Also, money would be
saved on energy prices and revenue would be realized on alternative energy certificates
($44,000/yr.). The overall project economics in all three scenarios were projected to result in a
cash flow positive for the project after accounting for the incremental cost of financing the
geothermal project with a 20-year bond at 4%interest.
Questions and Comments:
Ms. Steigerwald (SC)where the other geothermal wells were installed for $26/ft. and what other
revenue sources there are for choosing alternative energy systems.
Mr. Sandeen replied that Bristol Community College is a recent example of a campus that has
chosen geothermal. The Department of Energy Resources (DOER) has recently created an
alternative energy credit program for ground source and air source heat pumps; it is anticipated
to use a complicated formula based on the amount of energy generated for heat. Revenue
numbers presented by Mr. Sandeen were based on a DOER analysis of the project. While he
recommends putting solar on the new Hastings, Mr. Sandeen added that the makeup of grid
electricity will be greener in any case because the State has mandated an increase in the
renewable quotient of electric energy.
Mr. Goddard said he stands behind the historical utility costs used by the Town which are
different from what Mr. Sandeen presented. He went on to indicate that the site costs and
therefore the geothermal well costs for the Hastings School will be different than Bristol
Community College because the costs are site and subsurface-specific. Moreover, a well has
already been drilled on the Hastings site so the complexities of the Hastings subsurface
conditions are anticipated to be significantly different from the Bristol Community College
coastal site.
MSBA is excited that Lexington might opt for geothermal because, to date, there are no other
schools it is associated with that have opted for geothermal. MSBA reimburses up to $325 per
square foot; anything above that is absorbed by the Town. If the Town receives grants from a
source other than MSBA, MSBA will reduce its reimbursement by that amount.
Ms. Colburn (SC) asked if site-generated solar was included in the analysis and if the PBC
agrees with the natural gas price used in the analysis. Mr. Himmel (PBC) said that solar has been
included in the design of the building but Sustainable Lexington's presentation seems to be
focused on geothermal with possible solar additionally. The project design includes costs to
accommodate PV on the building, but exclude the actual cost of the PV panels and currently
excludes any provisions for canopy solar collectors in the parking lot.
Looking at one of the tables in the presentation, Ms. Lenihan (SC) calculated that it would cost
the Town an additional $10,000 a year to opt for geo-thermal. She noted that, even if this price is
accurate, it also should be noted that Town Meeting has always overwhelmingly supported green
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Joint Meeting—August 15, 2017
energy decisions. The question is, if it does cost this much more, is it still worth doing?
Mr. Favazzo (PBC) noted the true cost is an additional $10,000 annually plus the $1.8M higher
capital cost. He said the question for his committee has been, is there a better use for these funds
to promote sustainability? Ms. Gens (SLC) said she is not confident that the cost would be
another $10,000 given that other potential savings, such as those presented by SLC tonight, have
not been taken into account. She would like to see an inclusive model.
Mr. Goddard said the reason the engineer showed the cost for geothermal as $10,000 higher
annually is because, even though there would be fewer BTUs used with geothermal, the Town
would be paying for electricity that costs more, per BTU, than natural gas. Mr. Sandeen said the
geothermal system is far more efficient and therefore much less energy would be needed to heat
the building. In addition, the cost of electricity from a solar+storage system is expected to be
significantly lower than the cost of conventional electricity.
Mr. Alessandrini said using natural gas condones fracking. The School will last 50 years or more
which is too far into the future to project costs with any accuracy. Ms. Gens said the likelihood
of a carbon tax will eventually change the cost calculus.
Mr. Lucente (BOS) asked if a solar plan was included in the Hastings School project and cost
analysis. Mr. Goddard said the plan is to maximize the solar potential on the campus with roof
top and potentially parking lot canopies. Solar installations would be done "in parallel" but
separate from the construction project. He anticipates but is not certain that there will be a solar
incentive program available to help defray costs. Solar generation is not included in energy cost
assumptions.
Mr. Pato (BOS) said there are potential social and environmental costs beyond strict construction
costs. No one can say, based on today's prices, what unit energy prices will be in the future. Mr.
Pato sees a benefit in opting for an all-electric system which will provide insulation from cost
volatility and the potential for better control over peak demand costs with onsite storage
facilities.
Mr. Sandeen said the State had recently released plans to incentivize onsite storage.
Ms. Barry took a poll of the four Selectmen present. All agreed not to change February's vote for
an all-electric Hastings School. Mr. Lucente noted there are a lot of unknowns but he believes
the gamble is worthwhile. Mr. Pato sees no reason to back away from the original vote. Mr.
Kelley said the future is not in fossil fuels. Ms. Barry acknowledged the complexity of the issue.
Ms. Barry, Ms. Steigerwald, and Ms. Jay agreed that, moving forward into Special Town
Meeting and the debt exclusion vote, the project elements and details should be made very clear.
Adj ourn
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at
approximately 8:40 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
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Selectmen's Meeting
August 28, 2017
A meeting of the Lexington Board of Selectmen was called to order at 6:30 p.m. on Monday,
August 28, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry,
Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente,
Town Manager; and Ms. Siebert, Recording Secretary.
Selectman Concerns and Liaison Reports
Ms. Barry reported that Ms. Linehan of the School Committee, one of the co-chairs of the debt
exclusion campaign, is requesting help from the Board of Selectmen to fill key roles in the debt
exclusion effort. Mr. Pato has already volunteered and other Board members are encouraged to
contact Ms. Linehan if they are able to contribute in some capacity.
Mr. Pato reported that the Residential Tax Exemption Committee is making progress toward a
presentation to the Board of Selectmen this fall.
Town Manager Report
Mr. Valente reported on four items:
• The Massachusetts Municipal Association (MMA) has kicked off an 8th grade essay and
3rd grade poster contest in which Lexington students may optionally participate. The
theme for 8th graders is community issues that affect young people and what you would
do as a Selectmen to bring about positive change. The 3rd grade poster contest theme is a
public service or program that safe, clean, fun, helpful, and smart. Cash prizes will be
awarded in both categories.
• The Massachusetts School Building Authority (MSBA) has approved a grant for the
Hastings School project of$16.5M. The amount could go somewhat higher depending on
contingencies. As of the MSBA decision, the Town has 120 days to approve the
remaining funding. This appropriation can happen either through a Town Meeting vote
alone or through a Town Meeting vote contingent on passage of a town-wide debt
exclusion vote.
• Mr. Valente and Superintendent of Schools Dr. Czajkowski have appointed Michael
Cronin as Director of Public Facilities. His starting date is September 25, 2017. Mr.
Cronin is currently the School Facilities Director for the City of Newton.
• Mr. Valente and Dr. Czajkowski have created a Diversity Advisory Task Force. This
action sprang from the Vision 20/20 Subcommittee on Asian Communities. One of the
recommendations was for the Town to create a"body of experts" to advise on diversity
issues. A task force charge has been posted on the Town website along with a brief
application for interested individuals. Applications will be accepted until the end of
September. Nine to fifteen members are anticipated.
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Selectmen's Meeting—August 28, 2017
Results of Water System Modeling Analysis
David Pavlik, Lexington Senior Civil Engineer and Chris Berg and Rob Williamson of Wright
Pierce Engineering reported findings from the Water System Modeling Analysis that evaluated
the adequacy of Lexington's water system. The intent of the study was to develop a strategic
plan to meet the Town's water needs for the next 20 years.
Findings included: Replace the smaller of the two small tanks within 20 years; improve water
pressure in higher elevation neighborhoods; improve meter vault data collection to react quickly
to pressure changes from large volume users, particularly the Town of Bedford; create a valve
and hydrant maintenance program to improve"fire flows"; continue to replace at-risk, aging
water lines; continue leak detection surveillance; improve water conservation efforts and
education. Capital costs associated with these recommendations over the projected period of 25
years total $21.350M.
Ms. Ciccolo asked which problem area captured by the study should be addressed first. She also
asked if a third storage tank would be needed due to growth in commercial/industrial or
residential sectors. Mr. Pavlik said the worst of the low-pressure issues were experienced in the
summer of 2016; since then, some of the problems have been addressed such as installation of a
pressure actuated valve to monitor Bedford's demand. Mr. Wright said a third tank would not be
necessary because there is more volume available than the two storage tanks meaning that,
effectively, Lexington has access to the equivalent of four storage tanks.
Mr. Kelley asked at what point water age begins to be calculated and what the concerns are for
water age. He also asked why certain places in town are prone to water breaks, such as Eldred
Street, and whether water tank life span could be extended. Mr. Wright said the age of the water
is calculated from when it enters the Lexington system. Water quality, specifically bacteria
growth and water additive degradation, can occur in older water. Lexington manages water age
well and there have been no water quality complaints. Mr. Wright said pipe material, age, and
terrain play roles in water main breakage. Water tank life extension techniques include the
regular maintenance strategies the Town employs but metal fatigue and issues associated with
tank age cannot be avoided entirely. A new tank will have better maintenance access and a
higher volume to better address fire flow and other demands.
Ms. Barry asked what the optimum water pressure is. Mr. Wright said 60-80 pounds per square
inch is best. Elevation of water destination is a key reason why water pressure is low or high.
Mr. Pato said water pressure and the ability to read meters in a more timely manner are his main
concerns.
Mr. Lucente said, despite there being fewer recent complaints, he continues hear from Grove
Street area residents about low pressure. Also, he asked how Lexington can do a better job with
water conservation. Mr. Wright said the Environmental Protection Agency has good resources
for conservation but getting the information to the residents, particularly about irrigation, is key.
Smart systems have been shown to conclusively reduce usage.
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Selectmen's Meeting—August 28, 2017
David Kanter, Capital Expenditures Committee member, asked that the recommendations for
maintenance and for capital projects be clearly differentiated. He asked if the analysis addressed
how the town's water demands would be served when a water tank is taken out of service for
maintenance or replacement. Finally, he asked if the Town would consider providing funding for
a low-flow toilet replacement initiative to help residents make the switch and if the Town can
require residents to install smart irrigation systems.
Exemption 1: Discussion of Complaint Against Planning Board Member Charles Hornig
Upon motion duly made and by roll call vote, the Board of Selectmen went into Executive
Session at 7:20 p.m. to consider the discipline or dismissal of, or to hear complaints or charges
brought against, a public officer, employee, staff member, or individual and to reconvene in
Open Session. The matter to be discussed is a citizen's complaint regarding the criteria Planning
Board Member Mr. Hornig considers when evaluating special permit applications. Open Session
was reconvened at 7:35 p.m.
Public Hearing: Flammable Fuel Licenses
Ms. Barry opened the Public Hearing at 7:38 p.m. Ms. Ciccolo recused herself because she is a
direct abutter to the Shire campus.
• 141 Spring Street
• 125 Spring Street(parcel 18-15E)New
• 200 Shire Way (parcel 18-15F)New
• 300 Shire Way (parcel 18-D)New
• 400 Shire Way (parcel 18-15G) Amendment
Fire Chief Wilson and Mr. Fulliero, Environmental Engineer from Shire Corp asked the Board of
Selectmen to 1)revoke the flammable license issued to the parcel of land formerly known as 141
Spring Street as a matter of housekeeping; 2)issue new licenses to 125 Spring Street, 200 Shire
Way and 300 Shire Way; and 3) amend the existing license issued to 400 Patriot Way to reflect
the new street name of 400 Shire Way and flammable quantities for this location. Applications
were reviewed by relevant department staff.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to revoke the
flammable fuel license for the parcel formerly known as 141 Spring Street; and further to issue
new flammable fuel licenses for the storage, operation and maintenance of flammable and
combustible storage at 125 Spring Street(parcel 18-15E), 200 Shire Way (parcel 18-15F) and
300 Shire Way (parcel 18-D) in accordance with M.G.L Chapter 148 Section 13, as presented;
and further to amend the flammable fuel license issued to Parcel 18-15G to change the street
name to 400 Shire Way and flammable storage as presented.
Ms. Barry closed the Public Hearing at 7:41 p.m.
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Selectmen's Meeting–August 28, 2017
Public Hearing—All-Alcohol Package Store License—Wine Gallery
The Public Hearing was opened at 7:42 p.m.
Marina Feldman, owner, and Phillip Daniel Graves requested approval for an application for an
all-alcohol fine wine shop to be located at 1684/1686 Massachusetts Ave. The required
documents were provided by the applicant. The application was submitted to the relevant staff
for review, including building, zoning and health. A legal notice ran in the August 17, 2017
Lexington Minuteman and the applicant provided with a certified abutters list in accordance with
M.G. L Chapter 138. The proposed Store Hours are Monday - Saturday 10 a.m. - 9 p.m. and
Sunday 10 a.m. - 6 p.m. A Spark Coffee tasting and purchasing counter is also planned for the
site.
Mr. Lucente asked if the store would operate a delivery service. He is also concerned that
underage coffee customers might frequent the store and therefore be in close proximity to
alcohol. Ms. Feldman said there is no plan to deliver alcohol orders to homes and that the coffee
would be very expensive and unlikely to attract young customers.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
application for a new package store liquor license and to issue an all alcoholic Package Store
Liquor License to 1684 Mass Ave LLC d/b/a Wine Gallery-Spark Coffee for the proposed store
hours of Monday - Saturday 10 a.m. - 9 p.m. and Sunday from 10 a.m. - 6 p.m.
The Public Hearing was closed at 7:48 p.m.
Reconsider—Change of Beneficial InterestMario's Restaurant
On June 26, 2017, the Board approved an application submitted by Mario's Restaurant for a
Change of Beneficial Interest/Transfer of Stock. Upon receipt and review of this application, the
Alcoholic Beverages Control Commission (ABCC)instructed the applicant to resubmit an
amendment to the Board of Selectmen in two separate applications, citing clerical change for
administrative action without the need for a new hearing. All the necessary paperwork has been
submitted for a Change of Beneficial Interest/Transfer of Stock on Mario's Wine and Malt
Beverages Restaurant Liquor License. The substance and effect of the overall transaction is the
same as previously approved by the Board.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve two
applications, as requested by the ABCC, for reconsideration of the Change of Beneficial Interest
and Transfer of Stock for Old Lexington Restaurant Inc. d/b/a Mario's Italian Restaurant Wine
and Malt Beverage Restaurant Liquor License.
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Selectmen's Meeting–August 28, 2017
Liquor License—Change of Manager—Bertucci's
All the necessary paperwork to request approval for a change of manager on the All-Alcoholic
Common Victualer Liquor License for Bertucci's has been submitted. The proposed manager,
Bobby Kazis, has submitted an Alcohol Awareness Training Certificate and completed the
required CORI check.
Upon motion duly made and seconded, the Board of Selectmen vote 5-0 to approve the
application reflecting a change of manager and issue an All Alcoholic Common Victualler
Liquor License to Bertucci's Restaurant Corporation, d/b/a Bertucci's Brick Oven Ristorante,
1777 Massachusetts Avenue.
Theater License Renewal—Lexington Venue
The Lexington Theatre Project, Inc. d/b/a Lexington Venue, has submitted an application to
renew its two theatre licenses for weekdays and Sundays. Fire inspection was completed on
August 16, 2017. The current license expires August 31, 2017.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
application and issue two theatre licenses to Lexington Theatre Project, Inc. d/b/a Lexington
Venue, located at 1794 Mass. Avenue, for Cinema 1 and Cinema 2 to show movies weekdays
and Sundays from September 1, 2017 through August 31, 2018.
Joint Meeting with the Board of Selectmen and Planning Board: Discussion of Economic
Development Priorities
Planning Board Chair Mr. Canale called the Planning Board to order at 7:52 p.m. Present were
members Mr. Hornig, Ms. Johnson, Mr. Creech, Ms. Ronchetti, Planning Director Mr. Henry,
Assistant Town Manager for Development Ms. Kowalski, and Economic Development Director
Ms. Tintocalis. This joint meeting dealt with much of the same subject matter as the Economic
Development Summit of June 22, 2017.
Ms. Tintocalis said that two commercial areas have been targeted for
enhancement/redevelopment: Hartwell Avenue and the Forbes Road area. At issue are
considerations of Floor-to-Area ratios (FARs) and setbacks to encourage redevelopment
investment and potential creation of a new overlay district. Ms. Tintocalis asked the boards to
consider bringing zoning changes before Town Meeting so that redevelopment opportunities
might be expedited.
Mr. Canale said the 2008 Cecil Report did an analysis of denser FARs and it would be good at
this point to get citizen input via the Comprehensive Plan process, as well as input on traffic
impacts.
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Selectmen's Meeting—August 28, 2017
Mr. Hornig said putting zoning changes in place will enable desired redevelopment. Residents
want tax relief through economic development but economic development that includes housing
will take a while for the community to process, although he noted that the community
desperately needs less expensive, alternative residential formats. These considerations should
move forward in parallel, but not waiting for the Comprehensive Plan. Ms. Ronchetti concurred
with Mr. Hornig's assessment.
Ms. Johnson said she believes these issues are best studied holistically, within the context of the
Comprehensive Plan. Available staff time will be in short supply because of the workload
associated with Comprehensive Plan. It would be worth waiting on the economic development
questions so that they can be considered part of the larger effort; however, if the workload is
manageable, she is in favor of acting as quickly as possible.
Mr. Creech said he is in favor of economic development but is concerned about the impact of
additional traffic, particularly in the Hartwell Avenue area.
Ms. Ciccolo said she, too, is concerned about how much work the Planning staff can take on at
the same time as the Comprehensive Plan. She asked the Economic Development staff and
Planning staff to discuss the timeline. She is concerned about delaying action, however, because
the commercial market is robust now; waiting risks missing opportunities to attract preferred
corporate interests.
Mr. Kelley asked what the height limits are in the Hanscom area. He also asked about
development of a Town-owned parcel on Hartwell Road. Ms. Tintocalis said height limits range
through the area but 3 floors are an approximate guideline. Mr. Canale said the Town could put
out an RFP for the property, rather than sell it, so it can retain control of how it is developed.
Ms. Barry is in favor of acting quickly to expand the development options available to potential
applicants, although she agreed that staff bandwidth is of concern. Mr. Pato agreed that now is
the time to act, although it would be preferable to have community input. He added that the
Forbes Road area which, while constrained, has perhaps better potential than Hartwell Avenue.
Mr. Lucente noted there are not many opportunities remaining and the taxpayers are eager for tax
relief.
Mr. Creech reiterated his concerns about traffic. Ms. Barry and Ms. Ciccolo noted traffic
mitigation and demand management would be part of any commercial development overlay plan.
Mr. Canale said a regional transportation group could be revived with the assistance of technical
support staff from the Metropolitan Area Planning Council. He asked if a subcommittee should
be formed to move these redevelopment initiatives along for proposals, perhaps for Annual
Town Meeting 2018. Ms. Ciccolo and Mr. Lucente agreed to represent the Board of Selectmen.
Two Planning Board members will be chosen as well.
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Selectmen's Meeting–August 28, 2017
Mr. Canale asked if 25% design funds will be proposed for Hartwell Avenue intersection work.
Ms. Barry said staff is preparing the budget now to be presented to the Board of Selectmen for
the first time in early December.
The Planning Board adjourned at 8:32 p.m.
Call for Special Town Meeting and Review Potential Warrant Articles
Ms. Barry said the anticipation is that the Special Town Meeting would take two nights, although
this was ambitious considering that there are currently 17 articles to be presented.
Mr. Kelley asked if Article 14—Amend General Bylaws—Distribution of the Town
Election/Town Meeting Warrant could be postponed until spring Annual Town Meeting and if
the law allowed the warrant to be delivered electronically. Mr. Valente said that currently, the
Annual Town Meeting warrant is tied to the Town Election, putting pressure on the warrant
process. The Town is considering moving toward sending out Town Election and Town Warrant
post card notifications to buy more time for the warrant review. If such a move is made, the
warrant would be available on the Town website; a small number of hard copies would continue
to be printed and made available.
Mr. Lucente stated his concern that Special Town Meeting could go longer than two nights and
cause problems for time-sensitive articles such as the Hastings School and Hayden Avenue. Mr.
Kelley suggested that all of the articles connected with a possible debt exclusion vote (Hastings
School, Lexington Children's Place, the temporary Fire Station, the permanent Fire Station, the
Visitors Center) be organized under the umbrella of one Special Town Meeting; and the
remaining articles be organized under a second Special Town Meeting, simultaneously called
and held on consecutive nights.
Ms. Barry asked the Board to indicate which articles required more information before positions
could be determined. Mr. Valente made note of these articles and, if known, when these
presentations will take place.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to call for two Special
Town Meetings—STM 2017-2 and STM2017-3 to begin Monday, October 16, 2017 at 7:30
p.m. in Battin Hall of the Cary Memorial Building.
Upon motion duly made and seconded, the Board voted 5-0 to open the Special Town Meeting
Warrant for citizen petitions through Thursday September 7, 2017 at 4:30 p.m.
Selectmen's Goal Setting—Ranking od Proposed Goals
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Ms. Barry noted 21 items that the Selectmen have individually ranked in terms of priority goals.
Selectmen have been assigned as leads for each of the items. Some items are assigned to two
Selectmen's Meeting–August 28, 2017
Selectmen; two have been assigned to "all". Ms. Ciccolo will lead on #7 "New Revenue
Sources" goal and Mr. Pato will lead on#2 "Affordability for Residents".
Selectmen—Board of Selectmen Liaison Appointment
Mr. Kelley was named Selectmen's liaison for the Munroe Center for the Arts but the seat will
no longer include voting privileges.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Peter Kelley
at Board of Selectmen liaison to the Munroe Center for the Arts.
Consent Agenda
• Use of Battle GreenLexFUN Halloween Parade
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
application for the annual LexFUN Halloween Parade is to be held on/around the Battle Green
on Saturday, October 28, 2017 from 10:00 a.m. to 12:30 p.m. The event has been reviewed and
approved by Police, Fire and DPW staff.
• Approve One-Day Alcohol Licenses (5)
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve five One-
Day Alcohol Licenses as follows:
Greater Boston Food Bank Event– Sunday, September 10, 2017 from 6:00 p.m. to 9:00 p.m.; (2)
for Spectacle Management; Jimmy Tingle, Saturday, September 16, 2017 from 7:00 p.m. to
11:00 p.m. and Jesse Cook, Sunday September 24, 2017 from 6:00 p.m. to 10:00 p.m.; Lexington
Elks Club Third Annual Pig Roast at 959 Waltham Street on September 17, 2017 from 12:00
p.m. to 6:00 p.m. and in accordance with ABCC regulations regarding approval for a one-day
license to an entity in possession of an existing alcohol license; Czech Slovak Association
Harvest Fest to be held at Sacred Heart Parish, 21 Follen Road on Saturday September 28, 2017
from 6:00 p.m. to 11:00 p.m.
• Approve Minutes and Executive Session Minutes
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and release
the minutes of:
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Selectmen's Meeting—August 28, 2017
• June 5, 2017Joint Meeting with BOS/PB; June 5, 2017 Board of Selectmen; June 8, 2017
Joint Meeting with BOS/SC; June 8, 2017 Summit BOS, AC, CEC, SC; June 19, 2017
Board of Selectmen; June 22, 2017 Summit-BOS, PB, EDAC; June 22, 2017 Board of
Selectmen; June 26, 2017 Board of Selectmen; June 29, 2017 Annual BOS Goal Setting; July
17, 2017 Board of Selectmen; July 31, 2017 Board of Selectmen
And to approve, with minor non-substantive changes, but not release the Executive Session
Minutes of: June 5, 2017; June 19, 2017; June 26, 2017; July 31, 2017.
• Water& Sewer Commitments
Ms. Barry recused herself from this vote because she is a direct abutter to one of the accounts
involved. Ms. Ciccolo assumed the Chair.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0-1 to approve the Water
and Sewer Commitment July 2017 Cycle 9 for $ 321,531.31 and the Water and Sewer
Adjustments per WSAB 7/27/17 for $ (165,282.44).
A five-minute recess was called to wait for all committee representatives for the next
presentation to arrive. Order resumed at 9:02 p.m.
Discuss Value Engineering for the Hastings School Project
Mr. Alessandrini and Ms. Colburn, School Committee; Mr. Himmel, Permanent Building
Committee; Mr. Bartenstein, Appropriation Committee; Mr. Lamb, Capital Expenditures
Committee; Mr. Newell, Assistant Director of Public Facilities were present.
Mr. Lucente opened the discussion saying the discussion of value engineering was a component
of the due diligence to be done before the debt exclusion vote is called for the Hastings School
Proj ect.
Mr. Himmel explained that the cost of the geo-thermal system increased the total project cost
from $61.75M to $64.03M. The Board of Selectmen has voted to support the geo-thermal
system. When the Schools applied to the State for MSBA funding, the working project total was
reported as $65.28M. Mr. Alessandrini reported the MSBA is enthusiastic about geo-thermal.
Some Value Engineering, specifically in site costs (reductions in the number of geo-thermal
wells from 100 to 80, floor plan changes, and elimination of retaining walls), resulted in a
$1.14M cost reduction to $64.28.
The Selectmen and assembled representatives additionally discussed whether a second
permanent access road would be advisable in the location designated for a temporary
construction "haul road". Ms. Ciccolo said that rather than put the haul road into the project and
assume the cost to the Town, the contractor should determine how to manage the flow of work
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Selectmen's Meeting—August 28, 2017
vehicles in the site. Mr. Himmel said he does not know how much making the road permanent
would add to the final cost and noted that the site logistics are complex. He added that"means
and methods" of any public building construction contract take time to negotiate. The project
qualifies as a 149A in which a construction manager must be involved. Add alternatives or
changes can be made along the way, if necessary.
Solar canopies over the parking area would be co-incidental to building instruction and not
included in the project scope or costs. Drainage considerations could be an obstacle for the
canopy foundations. It was noted that the canopies would erode the barely adequate parking
count of 120. Ms. Ciccolo said that hybrid/electric car charging stations should be included.
Mr. Alessandrini said the subjects raised tonight require input from the School Committee and
Hastings School principal. Ms. Colburn said it is not possible now to increase the amount MSBA
approves. Before any changes are implemented, the School Committee should review and
approve.
Add ourn
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at
approximately 9:35 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary