HomeMy WebLinkAbout2017-12-18 BOS Packet - Released SELECTMEN'S MEETING
Monday, December 18, 2017
Selectmen's Meeting Room
7:00 PM
AGENDA
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than
to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698-
4580 if they wish to speak during public comment to assist the Chairman in managing meeting times.
SELECTMAN CONCERNS AND LIAISON REPORTS
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Consider Resolution in Support of House Bill 1194 and Senate Bill 1225 - End of 7:05 p.m.
Life Options Act(10 min.)
2. Discussion of PACE Program(15 min.) 7:15 p.m.
3. Recognize Sustainable Lexington- Leadership by Example Award (5 min.) 7:30 p.m.
4. Review and Approve 2018 Fee Schedule for Recreation/Community Programs (15 7:35 p.m.
min.)
5. Continue Discussion- Solid Waste and Recycling Collection Program(30 min.) 7:50 p.m.
6. Consider Request for New Street Lights-Lincoln Street(10 min.) 8:20 p.m.
7. Authorize LexHab to Act as Town's Agent for Rehabilitation of 241 Grove Street 8:30 p.m.
(10 min.)
8. Consider Potential Modifications-Revenue Allocation Formula(15 min.) 8:40 p.m.
9. Entertainment License -Inn at Hastings Park(5 min.) 8:5 5 p.m.
10. Selectmen's Reappointments (5 min.) 9:00 P.M.
11. Annual License Renewals (5 min.) 9:05 p.m.
12.Future Meeting Dates (5 min.) 9:10 P.M.
CONSENT AGENDA
1. Disclosure by Town Manager of Financial Interest(MGL C. 268A, Section 19)
2. Approve One-Day Liquor Licenses
3. Water& Sewer Commitments and Adjustments
4. Approve Minutes
EXECUTIVE SESSION
1. Exemption 6: Consider Purchase of Real Property for Affordable Housing/LexHab 9:25 p.m.
(20 min.)
ADJOURN
1. Anticipated Adjournment 9:45 p.m.
A Joint Executive Session Meeting with Board of Selectmen and the School Committee is
scheduled for Tuesday, December 19, 2017 at 8:30 a.m. in the Selectmen Meeting Room, Town
Office Building, 1625 Massachusetts Avenue.
The next regularly scheduled meeting of the Board of Selectmen is scheduled for Monday, January
8, 2018 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts
Avenue.
Hearing Assistance Device.v Available on Reque.vt
All agenda time and the order of items are approximate and Ler6Cfla
subject to change. Recorded by LeWedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Consider Resolution in Support of House Bill 1194 and Senate Bill 1225 - End of Life
Options Act (10 min.)
PRESENTER: ITEM
NUMBER:
Michael Martignetti
I.1
SUMMARY:
Mr. Michael Martignetti will be present at the meeting with the following request:
The Board of Selectmen is being asked to consider endorsing a non-binding resolution in support of
Massachusetts House Bill 1194 and Massachusetts Senate Bill 1225 the "End of Life Options Act".
As stated in the resolution, approximately 62% of Lexington residents who voted in the 2012 referendum
Question#2, voted in favor of Aid in Dying That year was a presidential election; our town saw an 83%
turnout of voters.
Recently, the Massachusetts Medical Society dropped their long-standing opposition to physician assisted
suicide, and took on the language of medical aid in dying and adopted a position of"neutral engagement" .
Cambridge, Provincetown, Northampton and Amherst have already passed the same resolution as is being
requested of the Lexington Board of Selectmen.
SUGGESTED MOTION:
Motion for the Board of Selectmen to (support/not-support) endorsing a non-binding resolution in support of
Massachusetts House Bill 1194 and Massachusetts Senate Bill 1225 the "end of Life Options Act".
FOLLOW-UP:
BOS Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 7:05 p.m.
ATTACHMENTS:
Description Type
D Roquest fi)r Rosohition,Supporting House LIM 11 I194,wd pia.nate LIM IIJ25 Rackup Matorinl
D V h)uso BM II1194 sin d Sonate LIM IIJ25 Rackup Matorinl
D Roquested Rosoa utiou Rackup Matorinl
From: Michael Martignetti
Sent: Monday, December 4, 2017 2:40 PM
To: selectmen's
Subject: Lexington Resolution on Aid In Dying Bill
Attachments: FINAL_ 17-18_MA Bill Summary_8.21.17.pdf, Lexington Resolution Draft 1.pdf
It was good speaking with you today. Attached is the resolution that I and other Lexington
residents would like the Selectmen to consider endorsing at their December 18th meeting. As
stated in the resolution, approximately 62% of Lexington residents who voted in the 2012
referendum Question#2, voted in favor of Aid in Dying and that year was a presidential election,
so our town saw an 83% turnout of voters. This weekend the Massachusetts Medical
Society dropped their long-standing opposition to physician assisted suicide, and accurately took
on the language of medical aid in dying and adopted a position of"neutral engagement'' This
important shift and understanding of the issue will serve us well in the legislature as we work to
pass Medical Aid In Dying in Massachusetts. In a recent internal poll of the Mass Medical
Society, 60% of MMS respondents favored letting doctors prescribe lethal doses of medications
to patients with terminal illness who seek it. The towns of Cambridge, Provincetown,
Northampton and Amherst have already passed the same resolution as I am requesting the
Selectman endorse. I'll also attach the recent Boston Globe article on this weekend's MMS vote
and a summary of the Bill we hope will soon pass.
Please let me know if the Selectmen will put me on their agenda for December 18th and if they
would like anyone else, other than me, to speak. on this matter?
Thanks,
Michael Martignetti
Massachusetts Medical Society ends opposition to
physician-assisted suicide, adopts neutral stance gi
Jessica Rinaldi/Globe Staff
Dr. Roger Kligler of Falmouth reacted to the vote. Society members viewed a projection of proposed language
changes. Kligler, a Falmouth physician suffering from metastatic prostate cancer, supported the resolution.
By Laura Crimaldi Globe Staff December 02, 2017
WALTHAM—The Massachusetts Medical Society voted Saturday to end its longstanding opposition to
physician-assisted suicide and adopted a neutral stance on what it now calls "medical aid-in-dying."
i
The society's governing body approved the changes in separate votes. Delegates voted 151 to 62 to retract the
policy opposing physician-assisted suicide. The provision establishing a neutral position on medical aid-in-
dying passed by a margin of 152 to 56 votes.
Terminology played a key role in the group's debate over the issue. The policy that was rescinded used the term
physician-assisted suicide, language that is opposed by many in favor of allowing doctors to help patients with
terminal illness end their lives at the time of their choice.
In a separate vote, the society agreed on a definition for medical aid-in-dying that encompasses the possibility
that Massachusetts physicians could one day be authorized to write prescriptions for lethal doses of medication
to help the terminally ill die when they,see fit.
The definition notes that the practice would have to be legalized before it could be recognized as a way to care
for the terminally ill. The policy notes that physicians would not be required to prescribe lethal doses of
medication to the terminally ill if it violates their ethical beliefs.
Related Links
El"
Read Story
Judge: Doctor can proceed with lawsuit seeking right to die
A retired Falmouth doctor is seeking the right to obtain a lethal dose of medication from his doctor and choose
when he dies to avoid needless suffering.
Dr. Henry Dorkin, president of the group, said the decision marks a new chapter in the way the society treats
legislative proposals that would permit physicians to help terminally ill patients end their lives.
"We're not going to take our previous position, dig in our heels, and say, `We won't think about this or look at
it from all perspectives,' "Dorkin said in an interview.
The group adopted its new policy during a meeting at a hotel in Waltham. During the hours-long session,
members of the society's House of Delegates tweaked the policy's language and listened to testimony from
people who favored the change and some who opposed it.
Dr. Roger Kligler, a Falmouth physician suffering from metastatic prostate cancer, supported the resolution to
end the society's opposition to physician-assisted suicide. The neutral stance, he said, removes a major hurdle
facing efforts to make it legal in Massachusetts for physicians to prescribe lethal doses of medication to
terminally patients who request it.
"This is wonderful and a game changer," Kligler said.
Dr. Mark Rollo, a family physician in Fitchburg, opposed the change, saying the new position paves the way for
policies that could negatively effect people of color, the poor, and the disabled. Those groups, Rollo said, are at
risk of being encouraged to end their lives instead of pursuing potentially costly therapies to prolong life.
2
"Certain underprivileged people will get letters that say, `I'm sorry, we're not going to pay for your
chemotherapy but we will pay for your suicide pills,' "he said. "That has already happened. My society has
opened the door for that. It's very disappointing."
The society adopted the term "neutral engagement"to describe its new stance. The position, the group said,
means it may act as a medical and scientific resource for lawmakers debating proposals about medical aid-in-
dying.
The policy also lets the society offer resources to physicians grappling with clinical, ethical, and legal questions
about the practice.
Jessica Rinaldi/Globe Staff
Society members viewed a projection of proposed language changes.
Dr. Barbara Herbert, who supports medical aid-in-dying, said the society is deeply divided over medical aid-in-
dying. While working in another state during the height of the AIDS crisis, she said, she provided prescriptions
for lethal doses of medication to terminally ill patients.
"I think there are a number of people who believe that as physicians we can never do this," said Herbert. "Many
of my closest allies absolutely believe that this is murder and I think we can't discount the power of that
commitment or passion."
Earlier this year, the society surveyed members about medical aid-in-dying.
The survey found that 60 percent of respondents favored letting doctors prescribe lethal doses of medications to
patients with terminal illness who seek it.
On the question of what the society should do, respondents were more divided. Forty-one percent wanted the
group to express support for medical aid-in-dying, 30 percent wanted to maintain the status quo, and 19 percent
backed a neutral position.
Advocates of medical aid-in-dying say medical societies have a lot of clout in policy debates over allowing
physicians, in limited circumstances, to provide lethal medications to dying patients who request it.
California and Colorado approved similar bills only after medical societies in those states dropped their
opposition, according to Compassion and Choices, a Denver group that supports medical aid-in-dying.
Medical societies in Vermont, Maryland, Maine, Minnesota,Nevada, and Washington, D.C. have also ended
their opposition to physician-assisted suicide. But most other medical societies, including the American Medical
Association, continue to disapprove of it. In 2012, Massachusetts voters narrowly defeated a"death with
dignity" ballot referendum.
A state legislative committee is weighing a bill, modeled after laws in Washington, Oregon, and four other
states, that would allow physicians to help terminally ill patients die. It includes several provisions intended to
ensure that the patient is of sound mind, within six months of dying, and acting willingly.
H1
Jessica Rinaldi/Globe Staff
3
Massachusetts Medical Society members lined up to speak about the resolution.
Laura Crimaldi can be reached at laura.cr•imaldi,c-lobe.com. Follow her on Twitter a,lauracrimaldi.
4
co assion
& C�T �01 ices
Care and Choice at the End of Life
Bill Summary-,
Massachusetts, An Act Relative to End of
Life Options, H11194 and S1225
Th e Legislation Allows-.
A terminally ill, mentally capable adult with a prognosis of six months or less to live the option
to request, obtain and take medication —should they choose to die peacefully in their
sleep if their suffering becomes unbearable.
The bill is modeled after the Oregon Death with Dignity Act, which has
been in practice for 20 years without a single instance of abuse or
coercion. It includes over a dozen safeguards:
• The patient must be able to take the medication themselves.
• The terminal illness, six-month prognosis and mental capability to make an informed
health care decision must be confirmed by two doctors both licensed in medicine in the
state of Massachusetts—the attending physician, who has primary responsibility for the
person's care, and a consulting physician, qualified by specialty or experience to make a
professional diagnosis and prognosis regarding a terminally ill patient's condition.
• Patients are not eligible for medical aid in dying because of age or disability.
• The attending physician must inform the requesting patient about all of their end-of-life
care options, including hospice and pain and symptom management.
• Medication can't be prescribed until mental capacity is determined by a mental health
professional.
• Two separate requests for the medication must be made, one oral and one written, with
a 15-day waiting period between the first and second request. Two people must
witness the written request, onie of whom can't be someone who stands to benefit from
the person's estate.
• Prescribing doctors must comply with medical-record documentation requirements and
make records available to the state department of health.
• Providers have civil and criminal immunity for participating in the law as long as they
comply with all aspects of the law.
• Anyone attempting to coerce a patient will face criminal prosecution.
Bill Summary: Massachusetts End of Life Options Act H1 194 and S1 225 Page 1
Approved for Public Distribution Revised:8.8.17
I
• A terminally ill person can withdraw their request for medication, not take the
medication once they have it or otherwise change their mind at any point.
• Life insurance payments can't be denied to the families of those who use the law
because they used the law.
• No physician, health provider or pharmacist is required to participate.
• Unused medication must be disposed of according to the guidelines specified by the
U.S. Food and Drug Administration and the Massachusetts Department of
Environmental Protection.
• The state department of health is required to issue a publicly available annual report.
Identifying information about individual patients and doctors is kept confidential.
• The underlying illness—not medical aid in dying —will be listed as the cause of death
on the death certificate.
di' Information
Primary Sponsors:
• Rep. Louis L. Kafka (Democrat)
• Sen. Barbara L'Italien (Democrat)
Additional Sponsors orCo-Sponsors:
For a complete list of additional sponsors and co-sponsors see the following:
hitti2s://rnaleoislatu'-e.aov/Bills/190/H 1194/Cosoonsor
httpsJ/malea,islature.aov/B:Ils;190/S1225/Cosponsor
Legislation
https:/,malegislature.00v/Bills,/190/H 1194
https://malegislature.00v/B lls/190r'S1225
Compassion & Choices Website:
htti2s://www.comoass:onand--hoices.org/massa-huset s'
r More 1nformationo.
Marie Manis
Massachusetts State Campaign Manager at Compassion & Choices
mmanis@compassionandchoices.org
Bill Summary: Massachusetts End of Life options Act H1194 and S1225 Page 2
Approves!for Public Distribution Revised:8.8.17
Non-Bindingn r of Lexington
SupportIn u ilk 1194 and Senate Bill 1225,
the "'End of Life Options AW
WHEREAS, the state legislature is now considering bills H. 1194 and S. 1225, "aid in dying"
known as the "End of Life Options Act"; and
WHEREAS, all people are by nature free and independent and have inalienable rights; and
WHEREAS, advances in science and technology have created medical interventions that often
prolong the dying process and increase suffering; and
WHEREAS, "aid in dying" describes a medical practice defined by established standards of
care, which enables a mentally capable, terminally ill adult to obtain a prescription for
medication, which the patient may choose to self-administer, in the face of unbearable suffering,
to advance the time of an approaching death; and
WHEREAS, absent the availability of aid in dying, patients and loved ones in Massachusetts
have become so desperate to relieve suffering caused by terminal illness that they turn to
drastic means; and
WHEREAS, many find comfort and peace of mind in having access to options at the end of life,
including aid in dying, even if they do not exercise those options; and
WHEREAS, 62% of Lexington voters voted in favor of the 2012 Ballot Initiative authorizing aid
in dying; and
WHEREAS, a 2014 public opinion poll by Purple Strategies found 70% of Massachusetts
registered voters agree with the statement: The decision of a terminally ill adult to end their own
life should be a private decision between the patient, their family, their faith, and their own
doctor; and
WHEREAS, six states (Oregon, Washington, Montana, Colorado, Vermont, California) and the
District of Columbia now affirmatively authorize the medical practice of aid in dying, enabling
terminally ill, mentally capable adult residents to receive a prescription for life-ending medication
from their doctor; and
WHEREAS, aid in dying is only available to those terminally ill, mentally capable adults who
have a prognosis of six months or less to live, as determined by their doctor and confirmed by a
second medical doctor; and
WHEREAS, nineteen years of transparent reporting and study of aid-in-dying practice in Oregon
demonstrates the utility and safety of the practice in upholding a patient's right to self-
determination; and
WHEREAS, the nearly two decades of implementation in Oregon data shows "no evidence of
heightened risk for the elderly, women, the uninsured, people with low educational status, the
poor; the physically disabled or chronically ill, minors, people with psychiatric illnesses including
depression; or racial or ethnic minorities;" and
WHEREAS, many people find significant relief in the legal right and medical means of control in
bringing an end to the suffering caused by their terminal illness, and only a small minority of the
adults who request a prescription for life-ending oral medication actually receive and use it; and
WHEREAS, the Massachusetts Medical Society has dropped its opposition to medical aid in
dying and now holds a position of neutral engagement; and
WHEREAS, well-respected health and medical organizations recognize aid in dying as a
legitimate, necessary end-of-life option for eligible adults facing an imminent death from a
terminal illness, including The American Public Health Association, The American Medical
Women's Association, The American Medical Student Association, The American Academy of
Legal Medicine, The Gay and Lesbian Medical Association;
WHEREAS, the Board of Selectmen of the Town of Lexington recognizes that the choices a
person makes at the end of life are inalienably grounded in that individual person's life
experience and values; and
WHEREAS, the Board of Selectman of the Town of Lexington perceives that the
Commonwealth of Massachusetts statute on "assisted suicide" does not encompass the rational
judgment of a psychologically healthy, terminally ill individual facing end-of-life suffering, who
asks his or her physician for the means to die in a humane and dignified manner;
THEREFORE BE IT NOW RESOLVED, that the Board of Selectmen of the Town of Lexington
respects the diversity of perspectives on end-of-life decisions; and
THEREFORE BE IT RESOLVED, that the Board of Selectmen of the Town of Lexington
supports equal protection within the diversity of perspectives on end-of-life decisions; and
THEREFORE BE IT RESOLVED, that the Board of Selectmen of the Town of Lexington
recognizes the practice of aid in dying as a desirable medical option for many terminally ill,
mentally capable adults; and
THEREFORE, BE IT NOW RESOLVED, that the Board of Selectmen of the Town of Lexington
hereby calls on the Massachusetts State Legislature to pass H1194, S1225 The End of Life
Options Act; and
THEREFORE BE IT FURTHER RESOLVED, that this resolution shall be transmitted to the
Commonwealth of Massachusetts Legislature, the Governor, Speaker of the House, Senate
President and State Representatives and State Senators who represent the Town of Lexington.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discussion of PACE Program(15 min.)
PRESENTER: ITEM
NUMBER:
Mark Sandeen, Sustainable Lexington
1.2
SUMMARY:
No vote is requested for this agenda item.
Property Assessed Clean Energy(PACE) is a clean energy loan program for the business owners who are
interested in completing energy efficiency upgrades or installing renewable energy. Enabling legislation was
passed by the Legislature last year.
The Board of Selectmen is being asked to authorize the Town Manager to enter into an agreement with
Mass Development, the program administrator, that will allow Lexington's commercial property owners to have
an option for upgrading their facilities in Lexington.
If the Board is interested in pursuing this program further, staff will determine whether the Town's property tax
billing system can accommodate the billing aspect.
SUGGESTED MOTION:
NA
FOLLOW-UP:
NA
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 7:15 p.m.
ATTACHMENTS:
Description Type
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Ordinance Authorizing the Town of Lexington to Participate in the Massachusetts Commercial Property Assessed
Clean Energy Program(PACE Massachusetts)
WHEREAS,pursuant to M.G.L.c.23M (the"PACE Act"),the Commonwealth has established a commercial sustainable
energy program known as the Massachusetts Property Assessed Clean Energy Program ("PACE Massachusetts")to
provide a financing mechanism to private owners of commercial and industrial properties for certain qualifying
commercial energy improvements("improvements");and
WHEREAS,pursuant to the PACE Act, PACE Massachusetts is administered by the Massachusetts Development
Finance Agency("MassDevelopment"), in consultation with the Massachusetts Department of Energy Resources;and
WHEREAS,under PACE Massachusetts,the owner of the commercial or industrial property benefitting from the
improvements(the"benefitted property") is required to repay the financing through the payment of a betterment
assessment(a "PACE betterment assessment") placed on such benefitted property by the municipality in which the
benefitted property is located; and
WHEREAS,in order for an owner of commercial or industrial property to participate in PACE Massachusetts,Section 2
of the PACE Act requires that the municipality in which such property is located must elect to participate in PACE
Massachusetts; and
WHEREAS,the Town of Lexington (the"Municipality") has determined that it is in the best interest of the Municipality
to participate in PACE Massachusetts as a "participating municipality"as provided in the PACE Act to permit the
owners of commercial and industrial properties located in the Municipality to access financing for qualifying
commercial energy improvements through PACE Massachusetts;
WHEREAS,NOW THEREFORE,BE IT ORDERED,as follows:
The Board of Selectmen of the Town of Lexington hereby approves the Municipality participating in PACE
Massachusetts pursuant to the PACE Act, and authorizes the Town Manager to enter into an agreement with
MassDevelopment(the"PACE Administration Agreement") pursuant to which the Municipality will agree to(i) levy
and record PACE betterment assessments on benefitted properties located in the Municipality, in the amounts
determined by MassDevelopment to be sufficient to repay the PACE Massachusetts financings, (ii)assign the PACE
betterment assessments and the related liens to MassDevelopment,which MassDevelopment may in turn assign to
the providers of the financing of the improvements(each a "capital provider"),as collateral for and the source of
repayment of such financings, (iii) bill the owners of the benefitted properties for the installment payments necessary
to repay the PACE betterment assessments, in the amounts determined by MassDevelopment,and (iv)enforce,to the
extent required by such agreement,such PACE betterment assessments; such agreement to be in such form as the
Town Manager may approve as being in the best interest of the Municipality.
The Treasurer/Collector of the Town or such other Town agency as may be designated in such agreement is
authorized to levy and record such PACE betterment assessments on behalf of the Town without further authorization
by this legislative body.
Notwithstanding any other provision of law to the contrary,officers and officials of the Municipality, including,
without limitation, municipal tax assessors and tax collectors,are not personally liable to MassDevelopment or to any
other person for claims,of whatever kind or nature, under or related to PACE Massachusetts, including,without
limitation,claims for or related to uncollected PACE betterment assessments.Other than fulfillment of obligations
specified in a PACE Administration Agreement,the Municipality has no liability to the owner of the benefitted
property or to any capital provider for or related to improvements financed under PACE Massachusetts.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Recognize Sustainable Lexington- Leadership by Example Award (5 min.)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.3
SUMMARY:
No vote is requested for this agenda item.
The Commonwealth's Leading By Example Awards recognize outstanding efforts among Commonwealth
agencies, public colleges and universities, and municipalities that have implemented policies and programs that
have led to significant and measurable environmental and energy benefits.
On November 30, 2017, the Town of Lexington and the Sustainable Lexington Committee were presented with
one of the two 2017 LBE awards for municipalities by Governor Baker and Lt. Governor Polito at the State
House.
The Board will recognize the Sustainable Lexington Committee and staff for
receiving the 2017 LBE Award.
SUGGESTED MOTION:
NA
FOLLOW-UP:
NA
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 7:30 p.m.
ATTACHMENTS:
Description Type
D L11FAwad Cbvor Mom)
D LBEAwads, Rocipionts, �jst Rackup Matorinl
u
2017 Leading by Example Awards
Presented by the Commonwealth of Massachusetts
Leading by Example Awards annually recognize outstanding clears energy and environmental
efforts among Commonwealth agencies, public colleges/universities, municipalities and individuals.
AGENCIESSTATE
�royyl The Department of Fish and Game is receiving an award for wildlife conservation, renewable thermal
ht�rra�r �
projects at several sites, collaborating with multiple state agencies to promote pollinator-friendly
' habitats, its zero net energy Westborough office building designed to use 60% less energy than the base
energy code,and more.
MassDOT-Highway is receiving an award for extensive solar installations along the Mass Pike and solar
canopy in Hopkinton —totaling 4.4MW, expanding the Commonwealth's electric vehicle charging station
network, implementing sustainable landscaping practices in highway medians that reduces time and
emissions associated with mowing, and more.
PUBLIC HIGHER EDUCATION
The Massachusetts College of Liberal Arts (MCLA) is receiving an award for clean energy and
sustainability initiatives resulting in a 19% reduction in campus greenhouse gas emissions in just over a
decade despite a 14% growth in campus square footage, an expansion of onsite combined heat and
power systems, elimination of potable water for on-campus irrigation, and more.
Roxbury Community College (RCC) is receiving an award for the completion of a 'tri-level' energy `� r✓'
project on campus this year that includes a 937kW solar canopy, electric vehicle changing stations, and
geothermal wells under the parking lot plus use of environmental) referable cleaning products,
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provision of discounted public transportation passes, and more.
MUNICIPAL
Designated a Green Community in 2010, the Town of Lexington's Sustainable Lexington committee is
receiving an award for a home energy efficiency program that has conducted energy assessments of 25%
of the town's homes this year, the installation of 2.2MW of solar at the town's closed landfill, the
doubling of the town's composting capacity,the addition of new bicycle and pedestrian paths, and more.
iz
The Town of Sterling and Municipal Light Department are receiving an award for the innovative
installation of the first utility-scale battery storage project in New England that serves as a model to
others and saves $400,000 annually, reducing municipal building energy use by 15%, deploying advanced
d
water metering, and more.
INDIVIDUALS
Kate Crosby, Energy Manager, Acton-Boxborough Regional School District (ABRSD) is receiving a municipal
individual award for clean energy and sustainability initiatives resulting in a 13%electricity reduction in the
last two years, authoring a nationally-recognized white paper on behavior-based energy conservation "
strategies for K-12 schools, holding regular energy workshops with students, and more. ,.:
Alex Giannantonio,Cheryl Cushman and Karen Rasnick, Massachusetts Office of Vehicle
Management,are receiving a state individual award for championing fuel efficiency and fuel
cost savings across the Executive Branch vehicle fleet to implement the Commonwealth's
Fuel Efficiency Standard by engaging agency partners in an extensive and collaborative
feedback process, and more.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review and Approve 2018 Fee Schedule for Recreation/Community Programs (15 min.)
PRESENTER: ITEM
NUMBER:
Melissa Battite, Director of Recreation
and Community Programs 1.4
SUMMARY:
A vote is requested for this agenda item.
Ms. Battite will present the proposed Recreation fees for calendar year 2018. This fee schedule has been
approved by the Recreation Committee.
SUGGESTED MOTION:
Move to adopt the 2018 recreation fee schedule as proposed.
FOLLOW-UP:
Recreation staff will implement new fee schedule.
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 7:35 p.m.
ATTACHMENTS:
Description Type
Cl Marnnu,nsnnr.civrnn iCarcivra.rs,ttnrgTMFa.e(itnr.g..e CbvorMla.m)
D C`118 Proposed Roc rreatta,nr Fees,es, iA.ilirit
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V5 MopN�
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ARRIL I4"
L�X1NGTo�
MEMORANDUM
TO: Carl Valente,Town Manager
FROM Melissa Battite, CPRP
Director of Recreation & Community Programs
DATE: December 5, 2017
SUBJECT: Recreation Fee Increase
On November 9, 2017, the Recreation Committee voted to accept the proposed Calendar Year
2018 fee schedule for the programs and services within the Recreation Enterprise Fund.
The fee chart highlighting the proposed increases and changes is attached. The proposal is
scheduled to be included on the agenda for the Board of Selectmen on Monday, December
18t". Please let me know if any additional information may be needed prior to the meeting.
Thank you.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Continue Discussion- Solid Waste and Recycling Collection Program(30 min.)
PRESENTER:
ITEM
David Pinsonneault, Public Works NUMBER:
Director and Robert Beaudoin,
Environmental Services 1.5
Superintendent
SUMMARY:
No vote is requested for this agenda item.
DPW will give a verbal update on potential options for the Trash/Recycling program beginning in FY2019.
SUGGESTED MOTION:
NA
FOLLOW-UP:
DPW will further vet the options and come back to the BOS with some recommendations.
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 7:50 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Consider Request for New Street Lights-Lincoln Street (10 min.)
PRESENTER: ITEM
NUMBER:
David Pinsonneault, Director of
Public Works 1.6
SUMMARY:
A vote is requested for this agenda item.
DPW was approached by residents of the new Lincoln Woods Development(letter attached) to add additional
streetlights on Lincoln Street, from the Rt. 128 overpass to Grey Oaks Circle. DPW staff reviewed the area
and concurs with this request to add 5 lights (LED) in this section of Lincoln Street. The price quote is
attached. The proposed funding source is the DPW Operating budget.
SUGGESTED MOTION:
Move that the Board of Selectmen approve the addition of new streetlights on Lincoln Street as proposed.
FOLLOW-UP:
DPW will coordinate with the Town's Streetlight Contractor and Eversource to install the new lights.
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 8:20 p.m.
ATTACHMENTS:
Description Type
D Stra offlght Ra quest<wd Price Quote Rackup Matoriffal
I
LINCOLN WOODS CONDO. 1-14 Grey Oaks Circle
MINIUM Lexington,MA 02421
T(617)319-6248(Ramesh Kumar)
T(017)519.5671 (Alan Inacio)
plan inac p@Xaho_Qprom
October 18, 2017
David J. Pinsonneault
Director of Public Works
201 Bedford St.
Town of Lexington,02420
Dear David,
A few weeks back the residents of the new Lincoln Woods Development Inquired with your office and the Opera-
tions department regarding adding additional streets lights to the stretch of road adjacent to our development. In
response, we have been asked to send a formal request to both your department and the Lexington Police De-
partment(to be submitted under separate cover).This fetter is meant to serve as our formal written request.
Please see below for a summary of our original inquiry and our justification for our request. If there is any addi-
tional form or process we should undertake please let us know. Feel free to contact us with any additional ques-
tions.
The residents of the new Lincoln Woods Development would like to make a formal request to upgrade the street
fighting on the stretch of road between the Rt.95 overpass and Grey Oaks Circle(Formerly 435 Lincoln St.).The
existing street lights are quite dispersed with one light at the under pass, a second across the development, and
a third across Mill Street.This request is to add fights at closer intervals from the underpass leading to the devel-
opment to create a safer environment for all users. In our initial first few weeks of residency we have made sev-
eral observations which we feel make this a reasonable request.
• This stretch of road is a very dark and wooded area with lots of local pedestrian and bicyclist activity
utilizing the nearby local trails. additional lighting would keep this area safe to these users and the new
residents commuting in and out of the area.
• The new community is comprised mainly of families&young children and the addition of lighting would
create a more safe and accommodating environment for them especially in the.early evening hours and
with a large body of water(the reservoir) in close proximity
It would appear that the installation and investment cost and effort might be able to be minimized
somewhat if the town were able to utilize the existing power line poles on this.current stretch of road as
anchor sites for the light fixtures,as is the case with other street lights in the area.
• Additionally, we hope that any additional operational cost of the new lighting would be offset by the
higher tax revenue generated by the new development.
Regards,
Ramesh Kumar (617-319-6248 ,iavaramesh ftmail.com)
Alan Inacio(617-519-5671,alaninacio@yahoo.com )
Chandru(339-927-8322)
Fareed (781-801-6698)
Sudhakar(224-656-4742)
Nirmit(603-930-3817)
Stephaine(781-858-9925)
Aalsha(617-710-0061 )
i
I
i
wx:xgfies, Inc. Proposal
Electrical Contractors Lincoln Woods
100 Clematis Ave. Street Lighting
Waltham, MA 02453
P: 781 891-5500 DATE: 12/4/17
F: 781 891-9136
Town of Lexington
Department of Public Works
201 Bedford Street
Lexington, MA 02420
Attn: David Pinsonneault,
Director of Public Works
RE: Lincoln Woods Street Lighting
The following is our proposal to install five (5) LED streetlights on Lincoln Street from the
town line to the Route 128.overpass. We will supply all labor, material and equipment
necessary for five (5) complete installs with LED light fixtures and LED rated photocells.
The cost for this work will be: $4,532.00
Please don't hesitate to let me know if you have any questions.
Very truly yours,
Brian J. Hughes
Controller
i
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Authorize LexHab to Act as Towds Agent for Rehabilitation of 241 Grove Street (10 min.)
PRESENTER: ITEM
Carl F. Valente, Town Manager; Carol NUMBER:
Kowalski,Assistant Town Manager
for Development 1'7
SUMMARY:
A vote is requested for this agenda item.
When the Town purchased the Wright Farm Property, 241 Grove Street, the intent was that a portion of the
land and barn would be transferred to the Conservation Commission for conservation purposes and the house
would be transferred to LexHab for affordable housing. This land split is in progress.
Until the land split happens and the Chapter 40B Comprehensive Permit is issued by the ZBA, however,
LexHab does not control the house lot. On its own, therefore, it cannot file for a building permit.
LexHab is ready to begin the renovation of the house and is requesting that the Board of Selectmen authorize
them to undertake this work prior to the formal split of the the lot.
SUGGESTED MOTION:
Move to authorize LexHab to undertake renovation work of the Town-owned home at 241 Grove Street and to
authorize the Town Manager to approve and sign any permit documents as required.
FOLLOW-UP:
LexHab will file necessary building permits.
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 8:30 p.m.
ATTACHMENTS:
Description Type
CJ Town.Meeting Vote Rackup Matorinl
ARTICLE 9: PROPERTY PURCHASE—241 GROVE STREET
MOTION:That, pursuant to the recommendation of the Community Preservation Committee, $618,000
be appropriated for the acquisition of the property at 241 Grove Street, Parcel 1C on Lexington
Assessor's Map 91, and, that the Board of Selectmen be authorized: (a)to acquire by purchase, on terms
that the Board of Selectmen deems to be in the best interest of the Town, to be held in the care,
custody and control of the Board of Selectmen for open space purposes, a parcel of land, which is a
portion of 241 Grove Street, and which is a portion of Parcel 1C on Lexington Assessor's Map 91,
approximately+/-27,879 square feet in area, outlined in blue on a plan of land entitled "Wright Farm:
Sketch of Proposed Lot Split" that is on file at the Office of the Town Clerk, to be subsequently conveyed
to the Conservation Commission, and for the Conservation Commission to convey a conservation
restriction on the parcel, and (b) to acquire by purchase, on terms that the Board of Selectmen deems to
be in the best interest of the Town, to be held in the care, custody and control of the Board of
Selectmen for affordable housing purposes, a parcel of land, which is a portion of 241 Grove Street, and
which is a portion of Parcel 1C on Lexington Assessor's Map 91, approximately+/-15,681 square feet in
area, crosshatched in red on a plan of land entitled "Wright Farm: Sketch of Proposed Lot Split" that is
on file at the Office of the Town Clerk, to be subsequently conveyed to LexHAB, and for LexHAB to
convey an affordable housing restriction on the parcel, and to meet this appropriation $253,027 be
appropriated from the Open Space Reserve of the Community Preservation Fund to fund only the
purchase under subpart (a) of this motion; $264,428 from the Community Housing Reserve of the
Community Preservation Fund to fund only the purchase under subpart (b) of this motion; and $100,545
from the Unbudgeted Reserve of the Community Preservation Fund for the acquisition and incidental
costs of said parcel.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Consider Potential Modifications-Revenue Allocation Formula (15 min.)
PRESENTER: ITEM
Carl F. Valente, Town Manager; NUMBER:
Carolyn Kosnoff,Assistant Town
Manager for Finance I.8
SUMMARY:
No vote is requested for this agenda item.
At Financial Summit 3, staff was asked to review possible modifications to the FY19 Revenue Allocation
model. In general, the committees wished to see the impact of:
• Capital Expenditures Committee: Moving tax support of Community Center to the municipal budget;
• School Committee: Moving tax support of the Community Center, Senior Tax Program; Net Zero
Program, Building Envelope and Street Improvements to the municipal budget. For consistency, we
have moved Municipal Building Envelope to the municipal budget and School Building Envelope to the
S chool budget.
• Appropriation Committee: 5 members preferred the current methodology remain in effect; and
• Board of Selectmen: Moving tax support of Community Center to the municipal budget.
SUGGESTED MOTION:
NA
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 8:40 p.m.
ATTACHMENTS:
Description Type
CJ RovonuoMlocatiou Ma do�Aftematives, IAilbit
Summary of Revenue Allocation Methods
FY2019 Revenue Allocation - Model Presented at Summit III
Shared Municipal Schools Total
Base Budget $75,303,985 $35,496,451 $101 ,655,182 $212,455,618
% Used for Allocation 25.88% 74.12% 100.0%
Allocated Revenue $2,444,392 $7,000,280 $9,444,671
% of Base 6.89% 6.89%
FY2019 Revenue Allocation - Move Community Center to Municipal
Shared Municipal Schools Total
Base Budget $75,089,693 $35,710,743 $101 ,655,182 $212,455,618
% Used for Allocation 26.00% 74.00% 100.0%
Allocated Revenue $2,455,312 $6,989,359 $9,444,671
% of Base 6.88% 6.88%
FY2019 Revenue Allocation - Move Multiple Shared Items to Municipal/School
Shared Municipal Schools Total
Base Budget $71 ,993,045 $38,579,636 $101 ,882,937 $212,455,618
Used for Allocation 27.47% 72.53% 100.0%
Allocated Revenue $2,594,086 $6,850,585 $9,444,671
% of Base 6.72% 6.72%
Post-Summit III - FY2019 Page 1 12/15/2017
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Entertainment License - Inn at Hastings Park (5 min)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.9
SUMMARY:
The Inn at Hastings Park has requested an Entertainment License for New Year's Eve to have live music. The
Town Manager has approved the Inn staying open until 1:00 AM on January 1, 2018.
SUGGESTED MOTION:
Motion to approve the request of the Inn at Hastings Park for an Entertainment License for live music on New
Year's Eve until 1:00 AM on January 1, 2018.
FOLLOW-UP:
Selectmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 8:55 p.m.
ATTACHMENTS:
Description Type
d h ur sitH ttnrg..TMs, Rackup Matorriffal
N.1 5 TOWN ►F LEM TO NOV3w SELECTMEN'S OFFICE A 2017
APPLICATION FOR
The Board of Selectmen issues Entertainment licenses to establishments that have theatrical
exhibitions,public shows, public amusements and exhibitions of every description(including
televisions). Please fill in this form completely and return to the Selectmen"s,Office along with a
check for$5. 0 made payable to the Town of Lexington.
CORPORATENAME-E:
14 N W AT AS 5 PARK
ON-SITE MANAGER NAME AND PHONE E
Tpn
BUSINESS ADDDRESS: 2D27 ASSA�l,AaETIS .. VE. LL-)( b-m� i 0-2421
EMAIL
TYPE OF ENTERTAINMENT: Musi-C
ADDITIONAL INFORMATION: AD0t-1-10QAC
IATTv FRELI'
kuthdrheA signature Federal Identification No. or
r 2017. Social Security N.umber
Submit to Selectmen' Office:
1. Application
2. Check for $5.00 (payable to Town of Lexington)
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Selectmen's Reappointments (5 min.)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.10
SUMMARY:
Robert Adams' term as a full member on the Historic Districts Commission(HDC) expires on December 31,
2017. The Board is being asked to reappoint Mr. Adams to the HDC for a term to expire December 31, 2022.
SUGGESTED MOTION:
Move to re-appoint Robert Adams to the Historic Districts Commission for a 5 year term to expire December
31, 2022.
FOLLOW-UP:
Selectmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 9:00 P.M.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Annual License Renewals (5 min)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
I.11
SUMMARY:
The attached list of annual license renewals is ready for your approval and signatures. Included are several
liquor licensees whose licenses will only be released once all requirements have been met.
Please approve and sign all the licenses for the establishments and the Selectmen's office will mail out the
licenses by the end of December.
SUGGESTED MOTION:
Move to approve and sign the license renewals identified on the attached list.
FOLLOW-UP:
Selectmen's Office.
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 9:05 p.m.
ATTACHMENTS:
Description Type
D 1jc nr o Ronowsds kd)rr 112 118 117 Rackrwkn Matorrinl
page 1 of 4
REQUIREMENTS COMPLETED FOR DECEMBER 18, 2017 MEETING
ALL ALCOHOLIC BEVERAGES
Dabin Restaurant
it Casale
Lemon Grass Restaurant
Via Lago
Waxy O'Connors
Yangtze River Restaurant
Beijing Cuisine
PENDING COMPLETION OF DOCUMENTS
BulPan Restaurant Inspection
Ixtapa Cantina Inspection
Royal India TiPS Training
ALL ALCOHOLIC/INNHOLDER
Aloft Lexington
Element Lexington
RETAIL PACKAGE GOODS STORE
Wine Gallery - Spark Coffee
PENDING COMPLETION OF DOCUMENTS
Apex Wine & Spirits Workers' Comp.
ALL ALCOHOLIC CLUB
Lexington Golf Club
PENDING COMPLETION OF DOCUMENTS
Lexington Lodge of Elks TiPS
VFW Post 3007 Liquor Liability, TiPS and Inspection
page 2 of 4
REQUIREMENTS COMPLETED FOR DECEMBER 18, 2017 MEETING
COMMON VICTUALLER LICENSES
Avenue Deli
Alexander's Pizza
Bollywood Cafe
Dunkin Donuts 317 Woburn Street
Dunkin Donuts 323 Marrett Road
Dunkin Donuts 10 Woburn Street
Dunkin Donuts 141 Massachusetts Ave.
Dunkin Donuts 1707 Massachusetts Ave.
Dunkin Donuts 277 Bedford Street
Element Lexington
Fruitee Yogurt
Lemon Grass Restaurant
Lexington Elks Lodge #2204
Minuteman High School
Nick's Place
Panera Bread
Prime Pizza and Subs
Quality Inn & Suites
Ride Studio Cafe
Starbucks 60 Bedford Street
Sta rbucks 1729 Massachustts Ave.
Tres Petite Creperie
Waxy O'Connors
Wicked Bagels
page 3 of 4
REQUIREMENTS COMPLETED FOR DECEMBER 18, 2017 MEETING
ENTERTAINMENT
Bollywood Cafe
Element Lexington
Prime Pizza and Subs
Ride Studio Cafe
Starbucks Coffee 60 Bedford St.
Waxy O'Connors s
COIN
Lexington Elks
Lexington Elks
Waxy O'Connors
Waxy O'Connors
Waxy O'Connors
LODGING
Element Lexington
Quality Inn & Suites
page 4 of 4
REQUIREMENTS COMPLETED FOR DECEMBER 4, 2017 MEETING
CLASS II
Lexington Auto Center
Lexington Auto Sales
Lexington Auto Service
Mabuchi Motorcars
Minuemen Auto Haus
CLASS III
John P. Carroll, Inc.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Future Meeting Dates (5 min.)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.12
SUMMARY:
The Board will review BO S meeting dates for January- June 2018.
SUGGESTED MOTION:
none
FOLLOW-UP:
BOS Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 9:10 P.M.
ATTACHMENTS:
Description Type
D knnr June 20118 Proposed Q$OS Meeting tinrg.TM Scharnflide v.2 Raclkup Matorinl
BOS MEETING CALENDAR
Proposed January — June 2018
DATE DAY TIME MEETING LOCATION
01/04/18 Thursday 7:00 PM Joint BOS/SC Estabrook Hall, Cary Memorial
Building
01/08/18 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
01/22/18 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
01124118 Wednesday 7:00 PM Budget Summit# 4 201 Bedford Street
01/29/18 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
02/05/18 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
02/07/18 Wednesday 7:00 PM Joint BOS/SC-Mental Health Estabrook Hall, Cary Memorial
Building
02/12/18 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
02113118 Tuesday 7:00 PM Budget Summit#5 201 Bedford Street
02/26/18 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
03/07/18 Wednesday 7:00 PM BOS Meeting Selectmen's Meeting Room
03/12/18 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
03/19/18 Monday 6:00 PM BOS Meeting Selectmen's Meeting Room
03/26/18 Monday 6:00 PM BOS Meeting Selectmen's Meeting Room
03126118 Monday 7:30 PM Town Meeting Battin Hall, Cary Memorial Hall
03/28/18 Wednesday 6:00 PM BOS Meeting Selectmen's Meeting Room
03128118 Wednesday 7:30 PM Town Meeting Battin Hall, Cary Memorial Hall
04/02/18 Monday 6:00 PM BOS Meeting Selectmen's Meeting Room
04102118 Monday 7:30 PM Town Meeting Battin Hall, Cary Memorial Hall
04/04/18 Wednesday 6:00 PM BOS Meeting Selectmen's Meeting Room
04104118 Wednesday 6:00 PM Town Meeting Battin Hall, Cary Memorial Hall
04/09/18 Monday 6:00 PM BOS Meeting Selectmen's Meeting Room
04109118 Monday 7:30 PM Town Meeting Battin Hall, Cary Memorial Hall
04/11/18 Wednesday 6:00 PM BOS Meeting Selectmen's Meeting Room
04111118 Wednesday 7:30 PM Town Meeting Battin Hall, Cary Memorial Hall
04/23/18 Monday 6:00 PM BOS Meeting Selectmen's Meeting Room
04123118 Monday 7:30 PM Town Meeting Battin Hall, Cary Memorial Hall
04/25/18 Wednesday 6:00 PM BOS Meeting Selectmen's Meeting Room
04125118 Wednesday 7:30 PM Town Meeting Battin Hall, Cary Memorial Hall
12/18/17
BOS MEETING CALENDAR
Proposed January — June 2018
DATE DAY TIME MEETING LOCATION
05/07/18 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
05/21/18 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
06/13/18 Wednesday 7:00 PM BOS Meeting Selectmen's Meeting Room
06/18/18 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
Estabrook Hall, Cary Memorial
06120118 Wednesday 8:30 AM BOSAnnual Goal Setting Building
12/18/17
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Disclosure by Town Manager of Financial Interest (MGL C. 268A, Section 19)
ITEM
PRESENTER: NUMBER:
C.1
SUMMARY:
In my role as Town Manager, I negotiate health insurance benefits with the Town's employee coalition. This is
currently underway. As a Town employee, I have a potential interest in the outcome of these negotiations.
While the final decision regarding the health insurance benefits agreement with the employee coalition rests with
the Board of Selectmen, it has been the Town Manager's practice to file a disclosure statement with the Board
of Selectmen each time this agreement is up for negotiation.
SUGGESTED MOTION:
Move that as the Town Manager's appointing authority, as required by G.L. c. 268A, § 19, we have reviewed
the particular matter and the financial interest identified above by the Town Manager. We have determined that
the financial interest(is)(is not) so substantial as to be deemed likely to affect the integrity of the services
which the municipality may expect from the employee.
FOLLOW-UP:
Disclosure to be kept on file.
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017
ATTACHMENTS:
Description Type
DISCLOSURE BY NON-ELECTED MUNICIPAL EMPLOYEE OF FINANCIAL INTEREST
AND DETERMINATION BY APPOINTING AUTHORITY
AS REQUIRED BY G. L. c. 268A, § 19
MUNICIPAL EMPLOYEE INFORMATION
Name: Carl F. Valente
Title or Position: Town Manager
Municipal Agency: Town of Lexington
Agency Address: Town Office Building
Lexington, MA 02420
Office Phone: 781 698-4545
Office E-mail: cvalente@lexingtonma.gov
My duties require me to participate in a particular matter, and I may not participate because of a
financial interest that I am disclosing here. I request a determination from my appointing authority
about how I should proceed.
PARTICULAR MATTER
Particular matter Please describe the particular matter.
E.g.,a judicial or other I am the Town's chief negotiator for the purpose of employee and retiree coalition
proceeding,application, bargaining. Coalition bargaining is related to the negotiated health insurance benefits
submission, request provided by the Town to its active employees and retirees. Since I am currently an active
for a ruling or other employee of the Town of Lexington and will like) be a retiree of the Town of Lexington,
determination,contract, 9 Y 9
claim,controversy, the Coalition Bargaining agreement I am negotiating will impact my current and possibly
charge,accusation, future health insurance benefits. I have, therefore, a financial interest in this matter. Any
arrest,decision, proposed Coalition Bargaining Agreement, however, must be approved by a vote of the
determination,or finding. Board of Selectmen.
Your required Please describe the task you are required to perform with respect to the particular matter.
participation in the
particular matter: Propose a strategy to the Board of Selectmen regarding coalition bargaining;
E. .,approval,9 pp Negotiate a coalition bargaining agreement; and
disapproval,decision,
recommendation, 0 Recommend that the Board of Selectmen approve the agreement.
rendering advice,
investigation,other.
FINANCIAL INTEREST IN THE PARTICULAR MATTER
Write an X by all
that apply. _X I have a financial interest in the matter.
X My immediate family member has a financial interest in the matter.
My business partner has a financial interest in the matter.
_ I am an officer, director, trustee, partner or employee of a business organization, and the
business organization has a financial interest in the matter.
_ I am negotiating or have made an arrangement concerning future employment with a person
or organization, and the person or organization has a financial interest in the matter.
Financial interest Please explain the financial interest and include a dollar amount if you know it.
in the matter
The value of my health insurance benefits, as an employee and future retiree. I do not
anticipate a material change in the value of these benefits under current negotiations.
Employee signature:
Date: December 4, 2017
DETERMINATION BY APPOINTING OFFICIAL
APPOINTING AUTHORITY INFORMATION
Name of Appointing
Authority:
Title or Position:
Agency/Department:
Agency Address:
Office Phone:
Office E-mail
DETERMINATION
Determination by As appointing official, as required by G.L. c. 268A, § 19, 1 have reviewed the particular matter and
appointing authority: the financial interest identified above by a municipal employee. I have determined that the financial
interest is not so substantial as to be deemed likely to affect the integrity of the services which the
municipality may expect from the employee.
Appointing Authority
signature:
Date:
Comment:
Attach additional pages if necessary.
The appointing authority shall keep this Disclosure and Determination as a public record.
Form revised February,2012
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve One-Day Liquor Licenses
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
C.2
SUMMARY:
The following have requested a One-Day Liquor License to serve beer and wine:
• Maddie's Mission, Saturday, January 6, 2018 from 7:30 p.m. until 11:30 p.m. for the purpose of
Maddie's Mission Awareness fundraiser being held at Temple Emenuah.
• Spectacle Management, Saturday January 20, 2018 from 7:00 p.m. until 11:00 p.m. for performance
Lenny Clarke being held at Cary Memorial Building.
SUGGESTED MOTION:
Move to approve the Consent Agenda
FOLLOW-UP:
Selectmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017
ATTACHMENTS:
Description Type
D II-Qraay LL M ad(fi 's W;sion Rackup M<atorrinl
Cl 11 Day LL S�,wctack Muiagonunt Rackup Matorinl
Ca`OJS VIOR "�•a DEC 8 2017
TOWN OF LEXINGTON __.,
SELECTMEN'S OFFICEC �
a C r`
APRIL 191" 7 U v
L�xIRM10 APPLICATION FOR c 3ac�
ONE-DAY LIQUOR LICENSE
The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this form
completely and return to the Selectmen's Office along with a check for$25.00 made payable to the
Town of Lexington.
BUSINESS/FUNDRAISING ORGANIZATION: M a d d �e`S M i S 5 i ova
CONTACT NAME AND NUMBER: loc�_y( off &�_, <e r
ADDRESS FOR MAILING: ��o� C�rc( e, Le.ki Ind-�'�,) M D
EMAIL ADDRESS:
f�1 a0{� ; s s o r\ - TQ t v\� c.vC,r�rye ss Fbr
TITLE/PURPOSE OF EVENT: 6\�l d rer\ a-�_—r is ar-A +0 re.,5 e, -1�0 nd 5 4�2rck,� A5
LOCATION AND ADDRESS-
DATE OF FUNCTION: r� e
TIMES OF FUNCTION: `� PO
TYPE OF LIQUOR TO BE SERVED:
DATE AND TIME WHEN LIQUOR DELIVERED: t 5
DATE AND TIME WHEN LIQUOR REMOVED:
ADDITIONAL INFORMATION:
oIn cur cNe►rj5 ��e M6(0�Ac0.5Mc 5s� 00'. c0rat
?Xj .
Authorized Signature Federal Identification No. or
Social Security Number
MORN,
�0
TOWN OF LEXINGTON
$ °w SELECTMEN'S OFFICE
3
APRIL 19TH
tFx ,C'10 APPLICATION FOR
ONE-DAY LIQUOR LICENSE
The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this form
completely and return to the Selectmen's Office along with a check for$25.00 made payable to the
Town of Lexington.
Spectacle Management
_1�LTC NFcSl ;Jl�rni? 'uun`rG-0RG—,,`�i Ails:: - - -- -- - -
CONTACT NAME AND NUMBER: Jack Lally,
ADDRESS FOR MAILING: 4 Muzzey St. Lexington MA 02420
EMAIL ADDRESS.
TITLE/PURPOSE OF EVENT: 1 Event in January, 2018 at Cary Hall
Cary Memorial Hall, 1605 Massachusetts Avenue
LOCATION AND ADDRESS:
DATE OF FUNCTION: Lenny Clarke, January 20, 2018
7:00 - 11 :00PM
TIMES OF FUNCTION:
Beer and Wine
TYPE OF LIQUOR TO BE SERVED:
4:00 PM
DATE AND TIME WHEN LIQUOR DELIVERED:
11 :00 PM
DATE AND TIME WHEN LIQUOR REMOVED:
ADDITIONAL INFORMATION:
uthorized Signature Federal Identification No. or
Social Security Number
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Water & Sewer Commitments and Adjustments
PRESENTER: ITEM
NUMBER:
David J. Pinsonneault
C.3
SUMMARY:
Water& Sewer Commitment Section 3 $4,996,894.53
Water& Sewer Commitment October final water bills $ 21,723.14
Water& Sewer Commitment November Cycle 9 Billing $ 263,152.24
Water& S ewer Adjustments recommended by WSAB 11/2/17 ($ 31,276.74)
Water& Sewer Commitment November 2017 final water bills $17,643.67
SUGGESTED MOTION:
Move to approve the above Water& Sewer commitments and adjustments as recommended by the Water and
S ewer Ab atement B o ard.
FOLLOW-UP:
Treasurer/ Collector
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017
ATTACHMENTS:
Description Type
D Cbitivna&AdJ ii,rr II2-II8 117 Rackup Matorrinl
Department of Public Works
" 1775R" Town of Lexington
t M Water and Sewer Enterprise Funds
$0 FISCAL YEAR 2418
< APRILIr kkNOVEMBER 2017 Final Water Bills
WATER $8,370.60 $8,370-60
SEWER $9,273.07 $9,273.07
TOTAL: $17,643.67 $17,643.67
To the Collector of Revenue for the Town of Lexington:
You are hereby authorized and required to levy and collect of the persons named
in the list of water/sewer charges herewith committed to you and each one of his/her
respective portion herein set down of the sum total of such list. Said sum being.
Seventeen thousand, six un re -three doffiars andWioo
And pay the same into the treasury of the Town of Lexington
and to exercise the powers conferred by law in regard thereto.
DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 12/18/2017
Treasurer,/Crllector, Director of Public Works, Water/Sewer Billing
Department of Public Wanks,
1771 Town of Lexington
t Water and Sewer Enterprise Funds
* FISCAL YEAR 2017
COMMITMENTA3118 SECTION 3 GRAND TOTALS
WATER $2,287,414.43 $2,287,414.43
SEWER $2,709,480.10 $2,709,480.10
TOTAL: $4,996,894.53 4,996,894.53
To the Collector of Revenue for the Town of Lexington:
You are hereby authorized and required to levy and collect of the persons named
in the list of water/sewer charges herewith committed to you and each one of his/her
respective portion herein set down of the sum total of such list. Said sum being:
four anifflion, nine hundredninety-six thousand eight hundredninetyfour doffiars rtn 531400
And pay the same into the treasury of the Town of Lexington
and to exercise the powers conferred by law in regard thereto.
(DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 12/18/17
Treasurer/Col lector, Director of Public Works,Water sewer Billing
Department of Public Works
Town of Lexington
Water and Sewer Enterprise Funds
FISCAL YEAR 2018
A"11�
November 2017 Cycle 9 Billing
CYCLE 9 GRAND •
NOV17
WATER $255,646.58 $255,646.58
SEWER $2,324.40 $2,324.40
FEE FOR BEDFORD $5,181.26 $5,181.26
TOTAL; $263,152.24 $263,152.24
To the Collector of Revenue for the Town of Lexington;
You are hereby authorized and required to levy and collect of the persons named
in the list of water/sewer charges herewith committed to you and each one of his/her
respective portion herein set down of the sum total of such list. Said sum being:
7'w,o undredsixty-three thousa cC one hu dradf t^ -two doff rs and241400
And pay the same into the treasury of the Town of Lexington
and to exercise the powers conferred by low in regard thereto.
DIRECTOR F PUBLIC WORKS BOARD OF SELECTMEN 12/18/17
Treasurer/'Coll'ector, director of Public Works, Water/Sewer Billing
Department of Public Works
` Ins ' Town of Lexington
i A Water and Sewer Enterprise Funds
FISCAL YEAR 2018
Anil rr'
N OCTOBER 2017 Final Water Bills
FINALS GRAND TOTALS
WATER $18,663.26 $18,663.26
SEWER $3,059.88 $3,059.88
TOTAL: $21,723.14 $21,723.14
To the Collector of Revenue for the Town of Lexington:
You are hereby authorized and required to levy and collect of the persons named
in the list of water/sewer charges herewith committed to you and each one of his/her
respective portion herein set down of the sum total of such list. Said sum being:
twenty-comae thousand, seven hundred twenty-three do gs o di4lioo
.And pay the same into the treasury of the Town of Lexington
and to exercise the powers conferred by law in regard thereto.
r'
DIRECTOR F PUBLIC WORKS BOARD OF SELECTMEN 12/18/2017
Treasurer/Collector, Director of Public Works, Water/Sewer Billing
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Minutes
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
C.4
SUMMARY:
The minutes of the following meeting dates are ready for your review and approval:
. 8/15/17 Joint Meeting BOS/PBC/Sustainable Lex.
. 9/18/17 BOS, 9/25/17 BOS,
. 10/2/17, 10/11/17, 10/12/17 BOS, 10/16/17 BOS, 10/17/17 BOS, 10/18/17 BOS, 10/30/17 BOS
. 11/6/17 BOS, 11/13/17 BOS, 11/20/17, 11/27/17 BOS
The Executive Session minutes of the following meeting date is ready for your review and approval:
. 9/18/17 ES, 9/25/17 ES, 9/27/17 ES
10/11/17 ES, 10/30/17 ES
SUGGESTED MOTION:
Move to approve the minutes of-
* 8/15/17 Joint Meeting BOS/PBC/Sustainable Lex.
. 9/18/17 BOS, 9/25/17 BOS,
10/2/17, 10/11/17, 10/12/17 BOS, 10/16/17 BOS, 10/17/17 BOS, 10/18/17 BOS, 10/30/17 BOS
11/6/17 BOS, 11/13/17 BOS, 11/20/17, 11/27/17 BOS
Move to approve but not release the executive minutes of-
* 9/18/17 ES, 9/25/17 ES, 9/27/17 ES
. 10/11/17 ES, 10/30/17 ES
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017
ATTACHMENTS:
Description Type
D Joint BOS SC,I'LIC,August 115,20117 Meeting Minutes Rackup Matorinl
D 9 118 117 BOS Minutes Rackup Matorinl
D 9 25 117 BOS Minutes Rackup Matorinl
D 110 2 117 BOS Minutes Rackup Matorinl
D 110 1111 117 BOS Minutes Rackup Matorinl
D 110 112 117 BOS Minutes Rackup Matorinl
D 110 116 117 BOS Minutes Rackup Matorinl
D 110 117 117 BOS Minutes Rackup Matorinl
D 110 118 117 BOS Minutes Rackup Matorinl
D II030 117 BOS Minutes Rackup Matorinl
D II11 6 117 BOS Minutes Rackup Matorinl
D II11 I13 117 BOS Minutes Rackup Matorinl
D 1111 20 117 BOS Minutes Rackup Matorinl
D 1111 27 117 BOS Minutes Rackup Matorinl
70-452
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 COa
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;
70-453
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
70-454
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
9/18/17 BOS
Page 1 of 7
Selectmen's Meeting
September 18, 2017
A meeting of the Lexington Board of Selectmen was held on Monday, September 18, 2017 at
6:30 p.m. in the Selectmen's Meeting Room of the Town Office Building. Upon convening in
Open Session, the Board immediately entered Executive Session under Exemption 6: Potential
Purchase of Land. After exiting Executive Session at 7:15 p.m., the Board of Selectmen
reconvened in Open Session at 7:18 p.m. after a short break. 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 stated that a joint meeting of the Board of Selectmen, School Committee and Human
Services Committee would be held on September 27, 2017 at 7 p.m. at the Community Center.
Ms. Barry welcomed Heather Doyle, new reporter for The Lexington Minuteman newspaper.
Mr. Lucente reported that the Recreation Committee and Community Center Program Advisory
Committee is looking to bring forward a recommendation in October on use policies for
Community Center.
Town Manager_ Report
Mr. Valente said Lexington would host an event with the Department of Energy Resources
(DOER) in Estabrook Hall on September 19, 2017 that would include a field trip to the Hartwell
Avenue community solar installation.
Mr. Valente said staff is preparing for the arrival of Hurricane Jose by readying flood-prone sites
and by coordinating with the Massachusetts Emergency Management Agency (MEMA). As
three inches of rain is expected, the Department of Public Works asked residents to assist by
clearing storm drains near their homes of debris.
Confirm Location—Bike Share Station
Following up on an earlier presentation given on August 14, 2017, Megan Zammuto, Economic
Development Coordinator, reported that the Historic Districts Commission has granted a
Certificate of Appropriateness for the bike share station that will be valid until December 31,
2018, one year into a two-year pilot. The HDC recommends that the bike share kiosk be located
next to the Visitors Center and that a sign be placed next to the bike path. While visibility from
Massachusetts Avenue was a factor in many discussions by staff and various committees,
consensus was that the Meriam Street and Minuteman Bike Path location was preferred. Ms.
Zammuto asked the Board to vote approval of the location.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the location
of the bike share equipment in the area of Meriam Street next to the Visitors Center.
Potential Purchase of Land44 Adams Street
9/18/17 BOS
Page 2 of 7
Mr. Kelley described the 44 Adams Street land parcel, noting its natural beauty, historic value,
and proximity to the protected Chiesa Farm Conservation Land. He reported that current
owner/developer Mark Barons has indicated willingness to work with Lexington to negotiate a
potential purchase by the Town of the property for the purpose of preserving open space. Mr.
Kelley reported that the Conservation Commission unanimously supports acquisition of the
parcel. He asked the Board to consider ways that the community might act to protect this
property. He noted that Special Town Meeting could discuss the purchase of the property using
Community Preservation funds
Board members agreed that the parcel is both beautiful and significant but expressed concerns
about price, financing, timing, and competing requests for other open space purchases. Members
concurred the need for community input. Mr. Barons was thanked for his patience as this process
unfolds.
Update on Trash and Recycling PropProposals
Robert Beaudoin, Superintendent of Environmental Services, and David Pinsonneault, Public
Works Director, updated the Board on the three trash and recycling collection options and
reviewed the status of the contract process. The current refuse contract concludes on June 30,
2018. Public meetings about the new contract are planned for October 1 lth and 12th to solicit
resident input. If the timeline is maintained, the Selectmen will be asked in November to
approve the new 5-year contract.
Three options are possible for the new contract. The first option retains the status quo of a 6-
barrel limit and unlimited recycling using manual collection. The second option would move to a
single 64-gallon using automated collection and automated,weekly single stream recycling. The
third option would move to an automated 64-gallon refuse collection and manual,weekly single
stream recycling collection. Mr. Pinsonneault noted that there would be a cost increase of 11-
15%, depending on which of the three options is chosen.
The majority of the members of the ad hoc trash and recycling task force support a switch to
some form of automation. Four proposals were initially received in response to the RFP; the task
force culled the applicants down to two, one of which was the current hauler, JRM.
Mr. Kelley said he does not support charging a fee to residents who require a higher-than-64-
gallon capacity. He asked if periodic paper/document shredding services will be available. Mr.
Pinsonneault said he is waiting to get clarification on how overflow would be handled and has
asked vendors to include paper shredding events into the contract.
Resident David Kanter, 48 Fifer Lane, asked how the automated system would work for nor non-
linear cluster subdivisions.
Dawn McKenna, 9 Hancock Street, expressed concern about cart maneuverability and agreed
with Mr. Kelley about not levying fees.
Sign Special Town Meeting Warrants
Ms. Barry said the Board would take up STM 2017-2 and STM 2017-3 separately.
9/18/17 BOS
Page 3 of 7
Ms. Ciccolo recused herself from the vote on STM 2017-2 due to the inclusion of the Lexington
Children's Place project on the warrant. The 20 Pelham Road property abuts her parents'
property.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign the
Warrant for Special Town Meeting 2017-2, and to authorize the Town Manager, with the advice
of Town Counsel, to make any non-substantive edits as necessary.
Ms. Ciccolo returned to the discussion.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the
Warrant for Special Town Meeting 2017-3, and to authorize the Town Manager, with the advice
of Town Counsel, to make any non-substantive edits as necessary.
Continue Discussion—Special Town Meeting Capital Articles and Debt Exclusion Vote
• Consider Contingent Vote for Hastings School Project
Regarding contingent appropriations, Mr. Valente stated the deadline for obtaining voter
approval of a debt exclusion question is 90 days after the close of the Special Town Meeting at
which the contingent appropriation vote was taken. More than one election may be held, but the
contingent appropriation is null and void if the related question is not approved by town-wide
vote within 90 days.
Nicola Rinaldi, co-chair of the Debt Exclusion Campaign, asked for clarity as to whether the
Lexington Children's Place and Fire Headquarters projects would be contingent or non-
contingent projects. She also asked what budget adjustment might be made in the event the debt
exclusion vote does not pass. Ms. Rinaldi believes it is important for people to clearly
understand what voting"Yes" or "No"means.
Ms. Ciccolo said she does not have a clear position yet on contingency or non-contingency but
she feels strongly that the Hastings School project must go forward and she does not want to lose
State MSBA funding for the project.
Mr. Kelley said he is 100%behind the project. He noted that the practice has always been to
fund projects of this size and type outside the tax levy and the community has always been
supportive. However, he believes the Town must plan for what would happen if the debt had to
be covered within the levy. Mr. Valente said staff could provide a financial model to illustrate
the impacts. The model is complicated by the fact that there is potential for any or all three large
capital projects to fail at the polls and there would be no time to re-vote the Hastings School
project without an extension from the MSBA.
Mr. Pato said he believes the Hastings School project should be non-contingent and the 30%
funding from the MSBA is something the Town should not risk losing. He supports asking the
voters to support a debt exclusion but not to have the appropriation at Town Meeting contingent.
Mr. Lucente said he supports contingency. He is uncomfortable that the Town might move ahead
with a project that the voters reject. Mr. Lucente fully supports the Hastings School project
9/18/17 BOS
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because the need is evident.
Ms. Barry agreed the Hastings School must be replaced and the MSBA grant money is
significant, yet the decision on contingency is difficult. She leans toward voting for contingency
and hopes the voters will support the project on the ballot. She is opposed to making a list of
expendables because the heavily vetted items are needs, not wants. She agrees with transparency,
but not does not want to employ scare tactics. The campaign for the project should be robust and
conclusive.
A Selectmen's vote on the matter is necessary for the motion,but not for the warrant.
• Consider Lexington Children's Place Options
Ms. Ciccolo recused herself on this item.
John Bartenstein, Chair of the Appropriations Committee, noted that the funds being requested
for LCP and the Fire Station are design funds only, not construction funds. Mr. Valente agreed
that this is the case for Special Town Meeting but said the taxpayers would be asked to support
the entire projects' construction funds on the debt exclusion ballot.
The four Selectmen who voted said that the LCP project should be contingent.
Summarizing the outcome of the Summit on September 13, Ms. Barry said the Board of
Selectmen supported LCP design Option 1 rather than Option 0 that the School Committee,
Appropriations Committee, and Capital Expenditures Committee preferred. The reasons for this
related to public safety access and future expansion logistics. Mr. Lucente said the Board of
Selectmen has a responsibility look far ahead at possible future needs. He believes the two
designs have program implications but does not believe Option 1 is problematic, only that
Option 0 is preferable. Mr. Pato said a detailed discussion with the Conservation Commission
about the wetlands is needed. Ms. Barry noted that both options carry the same cost estimate.
Bob Pressman, 22 Locust Avenue, said the LCP Director stated that the preferred Option 0 is
better to keep loud noise and behaviors in one wing from disrupting the entire program.
• Fire Station
Ms. Ciccolo returned to the meeting.
Board members reached consensus that the Fire Station project should be contingent.
• Consider Visitors Center Project
The Special Town Meeting request is for design funds only. A second article related to
construction funding failed to gather enough signatures so was not certified by the Town Clerk.
Ms. Barry said participants at the most recent Summit on September 13 and a number of Town
Meeting members deem the Visitors Center important but the $4M price tag is problematic. She
asked if the item should be postponed for consideration until Annual Town Meeting.
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Ms. Ciccolo said the currently facility is too small but she believes the price for a new Center can
be brought down. She believes a vote on the project should be deferred until spring.
Mr. Kelley said he supports the project but he believes four things need to be done to move the
project along: value engineering; consideration of a public private partnership with the Chamber
of Commerce; research naming and grant opportunities; and include additional grade-level,
handicap access bathrooms in the design.
Mr. Pato agreed that ground-level accessible bathrooms are needed but he feels the project cost
to be too high and is reluctant to move forward until a better way forward is found. He supports
postponing the item until Annual Town Meeting.
Mr. Lucente said the Visitor's Center is an important asset that is currently embarrassingly
insufficient. He is taken aback by the price tag but fears the price may go higher the longer the
Town waits. He supports the request for design funds to take the project to the next step.
Ms. Barry said the project needs more value engineering and an answer to the accessible
bathroom question. The Board will provide this feedback to the architect.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to direct the architect
to include grade-level handicap access bathrooms in the Visitors Center design.
David Kanter, Capital Expenditures Committee, noted that the motion to include grade-level
bathrooms does not address value engineering. He asked if there are still enough appropriated
funds available to fund the architect's work on these questions. Mr. Valente said he would check
the fund balance.
Dawn McKenna, Chair of the Tourism Committee, expressed some concerns about the way the
petition signatures were evaluated. She has communicated these concerns to the Town Clerk.
The Tourism Committee agrees with the need for value engineering and Ms. McKenna pointed
out that some has already occurred. She believes there are at least two components of the project
that are eligible for Community Preservation funding and other components may be eligible for
grants. Ms. McKenna noted that Town Meeting overwhelmingly supported the last vote for
Visitor Center design funding and she believes Town Meeting should have the chance to discuss
support for moving forward now.
Jon Himmel, Permanent Building Committee, said the PBC expects that the bathrooms will be
added on the grade level. Members agree the project costs too much. However, if Town Meeting
does not now approve funds for further services from the architect, no value engineering will be
done and no design changes will be made. If the project is to move forward, the conversation
should be how much is approvable now and what the target timeline will be.
• Consider Debt Exclusion Questions
Ms. Ciccolo recused herself from the parts of this discussion that include LCP.
Ms. Barry raised the question of whether the projects in STM 2017-2 should stand alone or be
bundled in any way.
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The Board decided the Hastings School project will stand alone.
Mr. Kelley voted"No"for bundling. Mr. Pato said he would like to hear from the Debt
Exclusion Campaign about how it is framing the issue to the voters. He has reached no
conclusion as yet but is leaning toward bundling because Lexington is one community and these
needs belong to all. Mr. Lucente said, since the permanent and temporary fire stations are
together by necessity, he is against further bundling. Ms. Barry said these are three strong
projects and each article should stand alone.
Ms. Barry asked the Board for consideration of whether the 173 Bedford Street and Pelham Road
property purchase prices should be included or excluded from the excluded debt total. Ms.
Ciccolo said 173 Bedford Street should be paid for another way than adding to the debt. She
recused herself from commenting on Pelham Road. Mr. Kelley said he believes the purchase
costs of both properties should be covered outside the debt question. Mr. Pato said the feedback
he has received from citizens is that the Town should fund them outside the debt exclusion. Mr.
Lucente said he was leaning toward not including them in the debt exclusion. Ms. Barry said she
feels similarly but wants to see the modeling for how to paying outside the debt exclusion might
impact the budget and Capital Stabilization.
Preparation for Special Town Meetings 2017 2 & 3, Review Article Assignments,
Presentations, Positions
Ms. Barry ascertained that Board members were comfortable with their article assignments.
Board members took positions for or against those articles members were ready to commit to.
Upon motion duly made and seconded, the Board of Selectmen voted 4-1 to advance a formal
application to the Community Preservation to consider the question of the acquisition of the
Chiesa parcel at 44 Adams Street, including the cost of an appraisal as required by statute. Mr.
Pato cast the dissenting vote.
Ms. Ciccolo said it was hard to know how CPC could discuss potential purchase of the property
without a clear understanding of the price. Mr. Kelley said he believes there is sufficient time to
gather all the information necessary.
Dissolve Committees
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to dissolve the 300th
Anniversary Celebration Committee, Ad Hoc Cary Memorial Building Renovation Design
Committee and the Ad Hoc Community Center Advisory Committee.
Town Manager Appointments/ReMpointments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town
Manager's reappointment of Julie Miller to the Commission on Disability. Ms. Miller has been a
member since 2009. Her new term will expire October 31, 2020. Ethics training is up-to-date.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town
Manager's reappointment Susan Cusack to the Commission on Disability. Ms. Cusack has been a
member since 2003. Her new term will expire October 31, 2020. Ethics training is up-to-date.
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Upon motion duly made and seconded, the Board of Selectmen vote 5-0 to appointment of Sam
Doran as a member of the Historical Commission. Mr. Doran will be filling a vacant position and
the term will expire March 31, 2020. Ethics training is up-to-date.
Selectmen Committee Appointments/Reappointments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint/appoint
with gratitude the list of committee members as presented.
Consent A_eg nda
• Approve One-Day Liquor Licenses
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a one-day
liquor license for The Sacred Heart Parish to serve wine and beer on Saturday, October 14, 2017
from 6:00 p.m. until 9:00 p.m. for the purpose of an Italian Night Fundraiser at the Sacred Heart
Parish Hall, 16 Follen Road.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a one-day
liquor license for The Hancock Church to serve alcohol on October 21, 2017 from 7 p.m. to 11
p.m. at the 150th Anniversary Celebration of the Hancock Church, at the Masonic Hall, 3
Bedford St.
Adjourn
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
9/25/17 BOS
Page 1 of 4
Selectmen's Meeting
September 25, 2017
A meeting of the Lexington Board of Selectmen was reconvened at 7:38 p.m. after a recess on
Monday, September 25, 2017 in the Selectmen's Meeting Room of the Town Office Building
following a Joint Meeting with the School Committee that began at 6:30 p.m. 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.
Town Manager_ Report
Mr. Valente reported that National Grid will install new gas lines laterally under Massachusetts
Avenue between the Cary Memorial Library and Meriam Street. The work will take place
overnight on Tuesday, September 26th and Wednesday, September 27th, 2017 from 7:00 p.m. to
3:00 a.m. Mr. Pinsonneault said the plan is for one lane to remain open for the duration.
Mr. Valente said Eversource will fly low over high tension wires via helicopter to conduct what
they termed"aerial vegetation control"between 8:00 a.m. and 4:00 p.m. on September 27th,
28th, and 29th. This schedule is weather dependent.
Public HearingFY18 Water& Sewer Rates
Ms. Barry called the Public Hearing to order at 7:42 p.m.
Carolyn Kosnoff, Assistant Town Manager for Finance, and Ralph Pecora, Water& Sewer
Superintendent,presented the second of three installments regarding FYI Water and Sewer
rates. The first presentation was held on September 11, 2017; the last, at which the rates will be
approved, is scheduled for October 2, 2017. The purpose of tonight's hearing is to field public
questions and comments.
Ms. Kosnoff summarized the materials first presented on September 11, 2017. She again
recommended FYI domestic water rate increases of 3.5% and domestic sewer rate increases of
.3%. The rates are based on average usage over a 5-year span. Usage rates this year are lower
than the previous year, largely due to weather-related reductions in irrigation.
There being no public comments, the Public Hearing was closed at 7:45 p.m.
Review Draft Memorandum of Agreement with King Street Properties for Hayden Avenue
Development
Carol Kowalski, Assistant Town Manager for Development and Rob Albro and Ed Grant from
King Street Properties, presented information relating to a draft Memorandum of Understanding
(MOU)between the Town and King Street regarding the proposed development at 45-55-65
Hayden Ave. The MOU addresses non-zoning impacts and mitigation and is largely based on a
previous agreement with former site owner Cubist Pharmaceutical which similarly requested
zoning relief. The mitigation is in the form of payment in lieu of parking code requirements;
membership in the Route 128 Business Council; an expansion of existing conservation restriction
at Hayden Woods, trail access, and dedicated parking spaces for conservation land users; and
9/25/17 BOS
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community space and possible recreational programming. The noise testing and abatement
section of the MOU will mirror what was approved recently for the expansion at Brookhaven.
Although some of the language is still being negotiated, Ms. Kowalski said there was no point
upon which the discussion appears to be problematic.
Ms. Barry asked how the community space would be administered. Ms. Kowalski said the details
are still being worked out and that the section of the MOU will ultimately need to be simplified.
Mr. Valente said the Town's primary intent was for King Street to provide recreation space for
its tenants but King Street broadened availability to include community groups. Implementation
of the space, however, is not something the Town wants to assume.
Mr. Kelley expressed concern that the ambient noise level of 5 dBA as specified in the MOU
might not be high enough if building mechanics add to the airwaves. Mr. Grant said the dBA
number was inadvertently left in the draft. Noise protocol requires testing which has yet to occur.
The ultimate intent is to mirror the Brookhaven limit.
Ms. Ciccolo asked about transportation, bus stops, and transportation demand management,
noting there are traffic back-ups in the area already. Ms. Kowalski said it is preferable that the
MOU not contain too much granular detail about transportation but instead state broadly what
King Street is to abide by. Ms. Kowalski expects to have the final MOU ready for a vote at the
next Board of Selectmen's meeting.
Article Presentations/Discussion/Positions
• STM 2017-3, Article 11: Appropriate for High School Security System
Shawn Newell, Assistant Director of Public Facilities, and Chris Bouchard, Lexington High
School Facilities Manager,presented information about the Lexington High School Security
system, saying the Capital request is for $31,000 to cover design engineering and bid assistance
for an automated door lock system, specifically on external access points. Installation of such a
system will bring LHS up to district security standards. Security cameras have already been
installed. Additional funds will be requested later for implementation and construction.
Answers to questions about how the system would work and if it would achieve stated goals
resulted in unanimous show of support by the Selectmen.
• STM 2017-3, Article 7: Amend Revolving Fund Authorization
The article requests an increase of$145,000 to the Revolving Fund. The Board of Selectmen
unanimously support the article.
• STM 2017-3, Article 8: Appropriate for Design Funds for Visitors Center
Mr. Valente stated that, as requested by the Board, architect Don Mills has included at-grade,
handicap accessible bathrooms in the schematic design of the Visitors Center. This inclusion was
accomplished without undue impact to the layout as presented.
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Mr. Lucente said he believes the Board should make a decision to move forward with the
Visitors Center since costs will increase the longer the Town waits. Members agreed that the
additional bathrooms meet the Board's objectives. Mr. Lucente and Mr. Kelley voted in support
of the article. Ms. Barry and Ms. Ciccolo deferred their votes. Mr. Pato said he will wait,
particularly to learn if more funds are needed to complete the schematic design but not to go
further at this time.
Dawn McKenna, Chair of the Tourism Committee, hopes to provide a presentation soon on
alternative funding sources. She noted the revenue the Town receives from hotel and meals
taxes,partially derived from out of town visitors.
David Kanter, Capital Expenditures Committee, asked to be included in a value engineering
exercise, if a broad group of stakeholders is assembled for the purpose.
• STM 2017-3, Article 12: Appropriate for CPA Projects—Land Purchase Update
Mr. Valente updated the Board on an application to the Community Preservation Committee
(CPC)regarding the property at 44 Adams Street. An appraisal has been scheduled, which is a
requirement for the CPA process. Given that the property has been recently purchased, Mr.
Valente believes the appraisal will be done quickly and inexpensively. The amount that CPC can
put toward purchase of the property is limited, by law, to the amount of the appraisal.
Members agreed unanimously that more information is needed before taking positions on the
CPA article.
Review Updated Capital Financing Plan for Exempt Debt Projects
As requested by the Board, Mr. Valente presented a draft of the financial impact model to show
how excluding the purchase prices for 20 Pelham Road and 173 Bedford Street affect the debt
model, Operating Budget, and Capital Stabilization Fund. He provided three alternatives for
consideration, favoring a"middle ground"that would bear less impact on the Stabilization Fund
and provide greater flexibility for funding future capital projects. The middle ground model is
based on five 1-year roll-over notes. Interest and principal would amount to approximately
$2.3M annually and be paid for within the levy. The two other alternatives involve 1) absorbing
the debt payments within the Operating Budget or 2)paying the total $12AM purchase prices
through Capital Stabilization, as recommended by the Town's two finance committees.
David Kanter, Capital Expenditures Committee, asked why the High School and Police Station
Capital projects are not included in the model. Mr. Valente said there is no financial information
available yet about these projects.
The Selectmen supported the middle ground alternative. The proposal will be brought to the next
Summit on October 5, 2017.
Continue Discussion—Fall 2017—Debt Exclusion Vote
The Board continued its deliberations on the debt exclusion projects leading up to Special Town
Meeting.
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Selectmen Committee Resignations
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the
resignation of Karen Longeteig from the Tree Committee.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the
resignation of John Frey from the Bicycle Advisory Committee.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the
resignation of Tim Counihan from the LexMedia Board of Directors.
Consent A_eg nda
• Water& Sewer Adjustment
Upon motion duly made and seconded, the Board of Selectmen vote 5-0 to approve the Water&
Sewer adjustment as recommended by WSAB meeting held on July 27, 2017: 14 Bridge St.
totaling $ (2,647.52); and 15 Bicentennial Dr. totaling $ (1,927.20)
Executive Session
Ms. Barry recused herself as her husband is employed by the Lexington Police Department.
Upon motion duly made and by roll call, the Board of Selectmen voted 4-0 to enter Executive
Session under Exemption 3: Collective Bargaining Update—Coalition Bargaining to discuss
strategy with respect to coalition bargaining with municipal and school employees and to
reconvene in Open Session only to adjourn. It was further declared that an open meeting
discussion may have a detrimental effect on the bargaining position of the Town.
Adi ourn
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at
approximately 10:05 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
10/2/17 BOS
Page 1 of 9
Selectmen's Meeting
October 2, 2017
A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday,
October 2, 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
Mr. Lucente reported he had attended the Town Meeting Member Association bus tour on
Sunday to see the capital improvements at the Diamond and Clark middle schools as well as the
modular elementary school classrooms at the Bridge School. The tour also visited the Hayden
Avenue project.
Flu Shot Clinic
Gerald Cody, Health Department Director,provided information about influenza and the vaccine
while David Neylon, Public Health Nurse, administered flu shots to three of the five Selectmen.
The next public Flu Clinic will take place on Saturday, October 28, 2017 from 10:00 a.m. to 2:30
p.m. at the School Administration Central Office building, Old Harrington gymnasium, 328
Lowell St.
Town Manager Report
• National Grid will continue to do overnight work in Lexington Center at the corner of
Merriam Street and Massachusetts Avenue on Tuesday, October 3 and Wednesday,
October 4, 2017. One lane of Massachusetts Avenue will remain open to traffic.
• Lexington has received a $10,800 grant from the Massachusetts Department of
Environmental Protection to be used for Recycling services. The grant was awarded
based on the work the Town already does in this area.
• In advance of a new refuse and curbside recycling contract, two public meetings will be
held to gather input from residents about potential changes to the program. The meetings
will be held on Wednesday, October 11, 2017 at 7:00 p.m. in Estabrook Hall of the Cary
Memorial Building and Thursday, October 12, 2017 at 8:45 a.m. in the main dining room
of the Community Center. Three options will be discussed: remaining with the status quo
system; switching to an automated system for both trash and single stream recycling;
adopting a hybrid system with trash removal and manual recycling pick up.
Grant Location for Eversource on Cedar Street
Ms. Barry opened the Public Hearing at 7:12 p.m.
Maureen Carol from Eversource petitioned for approval for a grant location.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request
from the NSTAR Electric Company DBA Eversource Energy for the purpose of obtaining a
Grant of Location to install 67 ± feet of conduit in Cedar Street Installation Northwesterly from
pole 17/31 approximately 178 feet west of Homestead Street a distance of 67 ± feet of
10/2/17 BOS
Page 2 of 9
conduit. The reason for this work is to provide electric service to a new residential development
called Penny Lane (proposed).
Ms. Barry closed the Public Hearing at 7:14.
STM 2017-3, Article 12: CPA Projects, Lowell Street Affordable Housing
Bill Kennedy, Co-Chair of LexHab, requested an additional $750,000 over the $1,284,653 in
CPA funds previously appropriated by Town Meeting in 2014, for the Lowell Street affordable
housing project consisting of two triplexes. The additional funds are for the purchase of solar
panels ($50,000) in addition to higher costs as a result of public bidding law requirements. The
units will be fully accessible and designed so that people of all physical abilities can live there.
Mr. Kennedy noted that the region is experiencing "a changed construction environment"
leading to higher construction costs. Previous per unit cost estimates were $214,000; new
estimates are $339,000. The project has been deemed eligible by the Department of Housing and
Community Development which allows LexHab to apply for a comprehensive permit.
The Board of Selectmen were unanimous in their support of this part of STM-3 Article 12, CPA
Proj ects.
Grant Location for Verizon—Massachusetts Avenue
Ms. Barry opened the Public Hearing at 7:20 p.m.
E. Everett Bryan, SR/WA, Rights of Way Engineer, EDS for Verizon New England,petitioned
the Selectmen to approve a Grant of Location across Massachusetts Ave. in conjunction with the
MassDOT Mass Ave project.
Joseph Tassone, 789 Massachusetts Avenue, asked if the pole in front of his address would be a
new or existing pole. Mr. Pato said the pole of the eastern side of Massachusetts Avenue is the
being removed and replaced. Mr. Bryan said the visual aspect of the property should improve
with one less pole.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
installation of an underground conduit at Pole 57/44 on easterly side,place approximately 50 feet
of underground conduit across Massachusetts Ave. to proposed Hand-hole No. 789. Remove
Pole 4 57/44A and replace with one Hand-Hole 4 789 in sidewalk for splicing underground
cables and wires.
Ms. Barry closed the Public Hearing at 7:25 p.m.
Pole Relocation along Massachusetts Avenue
Ms. Barry opened the Public Hearing at 7:25 p.m_
Mr. Pato recused himself because one of the pole sequences is close to his home.
E. Everett Bryan, SR/WA, Rights of Way Engineer, EDS for Verizon New England noted the
10/2/17 BOS
Page 3 of 9
pole locations and numbers.
Jim McLoughlin, 8 Marrett Road, questioned the relocation of poles 193/0 and 193/1 near his
house saying he does not believe the new positions are advisable given width of the sidewalk and
access. Mr. Bryan reported that Verizon, Eversource, and Town engineers have deemed the new
positions to be satisfactory. Mr. McLoughlin said he has measured the width and believes the
pole would encroach on his property if placed as the survey markings indicate. Mr. Bryan said
this would be reviewed with the Town and corporate engineers. The curb line will be moved as
well which could account for some of the discrepancy. This part of the petition was tabled until
the matter can be resolved.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a relocation
of jointly owned pole No(s). 57/41, 57/43, 57/44, 57/47, 57/48, 57/60-A, 57/63, 57/66, 57/66-A,
as indicated on Petition Plan 4 P2017-4AOA5WW on Massachusetts Avenue and further to
approve relocation of existing jointly-owned pole no(s). 61/1 and 61/2 as indicated on Petition
Plan 4 P2017-4AOA5WW on Maple Street.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to continue the Public
Hearing for the Marrett Road relocation of existing jointly-owned pole No(s). 193/0 and 193/1 as
indicated on Petition Plan 4P2017-4AOA5WW until October 16, 2017 at 6:00 p.m.
Mr. Pato rejoined the meeting.
Review and Approve Local Initiative Program (LIP) Application for the Manor House
Mr. Peter Kelley recused himself as he has an ownership interest in the property.
Brian Kelley,property owner/principal,presented information about the 51-unit condominium
project. Mr. Liz Rust,project consultant, was also present. The project adds 6 new affordable
home ownership units, located at the Manor House, to Lexington's owner-occupied affordable
housing inventory and adds to the 13 ownership units currently on the Town's Subsidized
Housing Inventory.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and
authorize the Chairman to sign the Local Initiative Action Program Application for Local Action
Units.
Mr. Peter Kelley rejoined the meeting.
Water/Sewer Abatement Appeal
Owner of a two-family house at 164-166 Lowell Street, Salvatore Serio, appealed to the
Selectmen to adjust water and sewer bills for this address that were incorrectly calculated. The
Town agrees that Mr. Serio has been incorrectly billed but, adhering to policy, has agreed to
adjust bills of the last three years only. Mr. Serio asks that the full adjustment back to 2002 be
applied. The billed difference is the delta between charging for 40 water units at the base rate and
80 water units at the base rate; the Town incorrectly characterized the house as a single-family
unit rather than a 2-family residence. Using MWRA rates, Mr. Serio calculates that he has been
10/2/17 BOS
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overbilled more than $2,900, of which the Town has agreed to adjust$1330. Carolyn Kosnoff,
Assistant Town Manager for Finance, recommends that the Board hear the appeal and take it
under advisement, for subsequent analysis and Board determination.
Ms. Ciccolo asked that Mr. Serio's numbers be verified, noting that three-year policy was
applicable in the case where the homeowner is at fault, not when the Town is at fault. Mr.
Lucente and Mr. Kelley concurred. Mr. Pato likewise sympathized but expressed curiosity about
how other municipalities handle similar discrepancies.
Ms. Barry thanked Mr. Serio and said he will be contacted once the Board has verified the
numbers.
Review and Approve Memorandum of Understanding (MOU)with King Street Properties for
45-55-65 Hayden Avenue Development
Mr. Pato recused himself as his wife is the president of the Cary Memorial Foundation, the
channel through which donations will be conveyed to the Cary Memorial Library.
Mr. Valente noted that the Board of Selectmen previously reviewed the MOU at the September
25, 2019 meeting. Since that time, no substantive changes have been made to the text. This
parcel will go before Special Town Meeting for rezoning; the impact on the town has been
assessed and offset through mitigations spelled out in the MOU. Categories for these mitigations
include location of parking spaces for Conservation trail head; streamlined use of community
space; and noise control language that now mirrors similar text in the Brookhaven Agreement.
Ms. Barry reported that Town Meeting member Frank Sandy has expressed concerns in an email
to Selectmen regarding the number of parking spaces at the conservation land trail head. Mr.
Valente said the MOU sets the minimum requirement of parking spaces at four but there could
be larger number codified in the final draft if justification was made. Karen Mullen,
Conservation Administrator, has indicated to Mr. Valente that she is unaware of a need for more
than four spaces; additional spaces are available at the Clarke Middle School and at end of
Valley Road. If other parking spaces on the site are not being used by the tenants, they can be
used by trail users. Mr. Lucente said these parking spaces and access to the community space
were topics of interest on the Town Meeting Member bus tour. Mr. Valente said the Town does
not want to administer the community space; it will be made available by rules as established by
King Street Properties.
Bob Pressman, 22 Locust Avenue, asked how many parking spaces will be added to the site and
what the mitigation amount for parking will be. Mr. Valente said the estimate is 558 new parking
spaces and the mitigation is just under $LIM.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign the
Memorandum of Agreement between CRP/King Hayden Owner, LLC and the Town of
Lexington for 45, 55, 65 Hayden Avenue, Lexington Property.
Mr. Pato rejoined the meeting.
10/2/17 BOS
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Approve Water/Sewer Rates
Carolyn Kosnoff, Assistant Town Manager for Finance,provided the third of three presentations
on proposed water/wastewater rates for FY2018. Tonight's meeting is for the purpose of setting
FY2018 water/wastewater rates.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve proposed
FYI water and wastewater rates as proposed.
Article Presentations/Discussion/Positions
• STM 2017-3, Article 5: FYI Budget Adjustments
Five proposed adjustments:
1) New Growth: Increase from $2.5M to $3.M;
2) State Aid: Increase from $13,552,552 to $15,712,062;
3) Local Receipts—Municipal: Increase from $1,874,000 to $ 2,474,000;
4) Parking Fund: Increase from $385,000 to $421,500
5) TMOD Stabilization Fund: Decrease $53,023 due to clerical error.
Overall, the increase in Revenue equals $3.367M
The above funds will be allocated in the manner below:
Operating Budget:
1) Property and Liability Insurance: $25,00020 Pelham Road;
2) Solar Producer Payments: $410,000;
3) Payments on Funded Debt: $2,351,487 partial payment on Pelham Road and Bedford
Street properties;
4) Facilities: $190,000;
5) Law Enforcement: $28,000 payment for 30 parking spaces at Our Lady of Redeemer;
6) Land Use Expenses: $8,500striping new parking spaces;
7) Land Use Expenses: $44,000Hartwell North Zoning;
8) Town Manager Expenses: $18,000;
9) Town Clerk Expenses: $12,000.
Capital Requests:
1) Lexington High Security: $31,000
2) Visitors Center Design: $150,000
Mr. Valente said the bookkeeping for the $600,000 Local Receipt revenue achieved from the
Hartwell Avenue solar array has had to be adjusted because Eversource sent Lexington a check
rather than apply the amount against utility costs, as expected. Although the solar project
required an inordinate amount of staff time to navigate, a net revenue of about$190,000 per year
is expected from now on.
10/2/17 BOS
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Ms. Barry asked that staff contact Hanscom AFB and Lincoln Labs to ask about reported new
programs and growth which may impact traffic volumes on Hartwell Avenue. Mr. Kelley said
that the difference between for-profit and non-profit activities should be tracked, with an eye to
negotiating PILOT payments where appropriate.
Members voted in support of STM 2017-3 Article 5 although it should be noted that Ms. Ciccolo
recused herself on those portions pertaining to 20 Pelham Rd and Mr. Pato said he would like to
better understand the Visitors Center costs.
• STM 2017-3, Article 6: Appropriate Stabilization Funds
Staff recommends that$200,000 be transferred to Traffic Mitigation Stabilization Fund (a
portion of the $283,793 King Street-Hayden Avenue alterations mitigation payment); and that
$126,766.62 (the remaining portion of the King Street Hayden Avenue alterations mitigation
payment plus the annual Avalon Bay mitigation payment)be transferred to the Transportation
Demand Management/Public Transportation Stabilization Fund.
Ms. Ciccolo said that even with payments being made into the Traffic Mitigation Fund,the
Town should anticipate questions about traffic from the South Lexington community. She asked
that a summary of projects and anticipated improvements be made publicly available and asked
that a review of Waltham Street and Hayden Avenue traffic be conducted. Ms. Ciccolo proposed
that the Town apply to the Metropolitan Planning Organization to fund improvements to the
intersection and consider committing the obligatory 100% design funds. Mr. Valente said he
will supply copies of a previous South Lexington traffic study but noted that the Waltham
Street/Hayden Avenue intersection is within the State's Route 2 right-of-way. He expects to
request that traffic mitigation funds be used to offset debt on a$3M sidewalk project.
All Board members voted in support of STM 2017-3, Article 6: Appropriate Stabilization Funds
• STM 2017-3, Article 7: Amend Revolving Fund Authorization
This is a housekeeping item. Because more Spectacle Management events than anticipated are
taking place in Cary Hall, both revenues and expenses are greater than originally calculated and
therefore staff recommends a $50,000 increase in the Building Rental Revolving Fund
authorization. All Board members supported STM 2017-3, Article 7: Amend Revolving Fund
Authorization.
• STM 2017-3, Article 8: Visitors Center Design
Staff recommends the appropriation of$150,000 for design development phase of Visitors
Center project. With this funding, Architect Don Mills would be asked to continue to do Value
Engineering; staff will examine use of Community Preservation Funds for eligible parts of the
project and the Tourism Committee would further explore grant and outside funding sources.
Ms. Barry noted that that the Selectmen received an email from Jerry Michelson, Chairman of
the Center Committee,reporting that the Center Committee has voted 6-0 in support of the
additional design funding with a recommendation that the architect be given guidance to
constrain construction costs to $2.5M to $3M.
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Mr. Kelley spoke in full support of allocating the funds to move the project along and asked that
the architect explore various trade-offs to achieve a lower cost while the Town looks into
alternative funding options.
Mr. Pato noted that$151,000 has already been allocated for the project and another $150,000 is
being requested. He asked at what point third party funding solicitation is appropriate. Mr.
Kelley said he believes more questions about design and project scope need to be answered
before a firm partnership can be created with outside funders but exploratory conversations could
take place sooner. Mr. Lucente and former Selectman Norman Cohen concurred that other Town
projects with which they are familiar were at a more definitive stage than the Visitors Center
currently is when alternative funding partners became committed.
David Kanter, Precinct 7 Town Meeting member, asked how much already-appropriated funding
remains in the Visitors Center account. Mr. Valente reported that$38,000 is available. Mr.
Kanter recommended appropriating only what is needed to get the project to the point that
outside funding can be pursued.
Dawn McKenna, Chair of the Tourism Committee, thanked staff for recommending that
$150,000 be appropriated but asked that an additional $200,000 be included for construction
documents as well. The Tourism Committee is strategizing about alternative funding and will
present a plan to the Selectmen later this month. Town-based funding for stages of the project
can be made contingent on meeting certain milestones. Ms. McKenna reported that the Chamber
of Commerce is willing to explore ways to contribute to the project and to ongoing costs; state
grants are possible; and Senator Markey appears supportive of a federal funding request.
Bob Pressman, 22 Locust Avenue, asked if the Historic District Commission would need to
approve the design of a new Visitors Center and how this relates to funding. Mr. Valente said
architect Don Mills has presented the design to the HDC.
Four Board of Selectmen members supported the $150,000 request; dissenting, Mr. Pato
supported value engineering but not for an additional $150,000. Ms. Ciccolo said value
engineering could uncover ways to lower costs. The decision of whether or not to go forward
with the project should be based on how the Visitors Center fits into the larger context of Capital
needs. Mr. Valente will look to see if the remaining $38,000 can be applied toward the requested
$150,000, based on the wording of the previous appropriation.
STM 2017-3, Article 10: Distribution of Town Meeting Warrant
Norman Cohen presented information about a new electronic distribution system for Town
Meeting warrants that would largely replace the printed version now mailed to each Lexington
household. Print copies would be available as reference at multiple Town buildings and hard
copies would still be available upon request. Cost savings of$9,000 for printing and postage are
a factor but the issue of timing is more compelling.
Concerns about institutional memory, citizen engagement, and Town government transparency
as well as the need to potentially amend some of Article 10's text led to deferral of a vote. Mr.
Valente said any potential changes to the text should be cleared with Bond Counsel.
Ms. Barry reviewed Selectmen votes on other pending Special Town Meeting articles and noted
10/2/17 BOS
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changes where appropriate.
Selectmen Committee Reappointments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Carol Ann
Bottino to the 20/20 Vision Committee for a three-year term to expire on September 30, 2020.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Michael
Boudett to the Center Committee for a three-year term to expire on September 30, 2020.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Al Zabin
to the Condo Conversion Committee for a three-year term to expire on September 30, 2020.
Approve FYI 6-18 Collective Bargaining Agreement with Lexington Police Association
Ms. Barry recused herself because her husband is a Lexington Police Officer.
Ms. Ciccollo noted that the provisions of the contract have been previously discussed in
Executive Session.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and
authorize the Town Manager to sign the FYI 6-18 Collective Bargaining Agreement with the
Lexington Police Association as presented.
Ms. Barry returned to the meeting.
Consent A_eg nda
• Appoint Acting Executive Clerk for the Board of Selectmen
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Kim
Katzenback as Acting Executive Clerk for the Board of Selectmen.
• Approve One-Day Liquor Licenses
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve one-day
wine and beer licenses for Spectacle Management Cary Memorial Building, 1605 Massachusetts
Avenue for the following dates: October 13, 2017 Comedy Blowout, 7 p.m. to 1 1p.m.; October
15. 2017 The Temptations, 6 p.m. to 10 p.m.; October 19, 2017 Pink Martini, 6:30 p.m. to 10:30
p.m.; October 20, 2017 Heather MacDonald, 7 p.m. to 11 p.m.; October 22 Fab Four, 6 p.m. to
10 P.M.
Water& Sewer Adjustment
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Water
& Sewer adjustment as presented.
Ms. Barry announced that Lexington's State House delegation members Representative Jay
Kaufman, and Senators Mike Barrett and Cindy Friedman would be present at one of the
10/2/17 BOS
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Upcoming November Selectmen meetings.
Adi ourn
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at
approximately 9:26 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
10/11/2017 BOS
Page 1 of 5
Board of Selectmen
October 11, 2017
A meeting of the Board of Selectmen was held Wednesday, October 11, 2017 at 7:00 p.m. in
Estabrook Hall of the Cary Memorial Building, located at 1605 Massachusetts Avenue. Present
for the Board of Selectmen (BOS)were: Ms. Barry, (Chair); Mr. Kelley; Mr. Pato, and Mr.
Lucente along with Mr. Valente, Town Manager; Robert Beaudoin, Superintendent of
Environmental Services; and Ms. Siebert, Recording Secretary. Also present was Matt Zettek,
solid waste and recycling consultant.
Ms. Barry called the meeting to order at 7:05 p.m.
Public Comments on the Future of Lexington's Trash and Recycling _Program
Mr. Valente opened the session by explaining that this year ends Lexington's six-year contract
with JRM Hauling and Recycling. A task force has been formed to oversee the new contract and
a request for proposals has gone out to bid. Two companies, including JRM,prevailed in first
round of the process. Three service options, to be discussed this evening, are now under
consideration: remaining with the status quo system; switching to an automated system for both
trash and single stream recycling; adopting a hybrid system with automated trash removal and
manual recycling pick up.
Mr. Beaudoin, Superintendent of Environmental Services, gave an overview of the current
program and what goals the new program would like to meet. Lexington currently pays $87 per
ton in solid waste tipping fees; no fee is levied for recycling tonnage. A recent survey of 100
Lexington households showed that 72%put out one trash barrel each week; 2 1%put out two; 6%
put out three; and 1%put out four. If an automated trash removal system is adopted, each
household would be issued a 65-gallon wheeled trash cart. If automated recycling is chosen, a
wheeled cart would be issued as well, rather than the manual bin used now, and recycling would
become single-stream. Bulky items would require an appointment for pick up. Yard waste
disposal would not change.
Mr. Beaudoin said the benefits of automation are: trash generation and tipping fees are reduced;
single stream recycling is easier;jobs would be created; there is greater safety for workers,
vehicles, and pedestrians; the streets would be less unsightly and cleaner; trash (and recycling)
cart maintenance would be handled by the vendor.
Public comments, including those submitted to Mr. Beaudoin by email, will be considered as the
contract process continues. A second community meeting with the same content will take place
Thursday, October 12, 2017 at 8:45 a.m. at the Community Center.
Public Comments:
Diane Bigelow, 15 Bellflower Street, asked if there would be a charge for bulky item pick up.
Ms. Barry said there would be no charge in Lexington although there is in other communities.
Ms. Bigelow said she believes that people who already recycle will recycle and if they don't
know amount of education will change that.
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Dawn McKenna, 9 Hancock Street, asked what time of year the trash counts were conducted,
noting that residents are often away in the summer and counts may not be accurate. She asked
how many of the comparable communities on the list already have weekly vs. bi-weekly
recycling and noted it will be hard for elderly residents to maneuver the trash and recycling carts.
She believes it a burden to ask people to learn a new system and that past controversies about
trash in Lexington have not fully healed. Storage of large wheeled carts is not always easy or
convenient and if carts cannot be stored, they will be unsightly. Ms. McKenna said if increased
recycling is the goal, the Town should launch a resident education initiative. She said that having
to call to make appointments for bulky item adds to the amount of time she has to spend on trash.
She asked that a comment button be added on the DPW homepage to make it easier to send input
to Mr. Beaudoin.
Mr. Beaudoin said the counts were conducted in the summer. Mr. Zettek said weekly automated
recycling using the large wheeled carts, rather than small bins, statistically increases recycling
volumes.
Richard Glantz, 95 Winter Street, asked whether the new carts are raccoon-proof. Mr. Zettek
said if one is damaged by animals, the vendor will replace it at no charge to the resident.
Bob Pressman, 22 Locust Avenue, believes the existing system works well for most residents
and noted a 10%price increase would occur even if the status quo is kept. The double automated
system would add another 4%. Unless the automated system is unequivocally better, the current
system should be kept. Cart storage is another problem.
Elaine Adler, 3 Sunny Knoll Terrace, said the claim that the new system would create jobs at the
recycling center should be offset by the fact that the new system would decrease the number of
workers needed on the truck. Additionally, her driveway is sloped and the wheeled cart will
make handling refuse and recycling more difficult. Multiple recycling bins can increase
recycling volumes. An education program would increase recycling.
Joyce Greif, 101 Meriam Street, said the wheeled carts are monstrously large and hard to store
and she finds the automated trucks frightening.
Tom Shiple 18 Phinney Road, observed that the current recycling system is defacto single stream
and therefore, even if the status quo is maintained, residents should be told they no longer need
to separate materials. He would like to see cost savings quantified.
Bebe Fallick, 4 Diehl Road, also commented on the difficulty of maneuvering and storing the
wheeled carts.
David Kanter, 48 Fifer Lane, endorses single stream recycling but does not believe it will
increase recycling or reduce trash volume. He asked how the automated trucks would be able to
maneuver in cluster developments that lack open linear curbing. The current system works well
and will cost less than automation.
David Evans, 21 Follen Road, is against automation, saying a single wheeled barrel would limit
his ability to recycle. If trash, too, is limited to 64 gallons,people will find a way to get rid of
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any excess. Recycling should be single stream. He does not agree with the list of community
benefits.
Harriet Silverman, 49 Fern Street, said the large cart for recycling is good because it increases,
psychologically, how much people feel they should recycle. She asked how many residents
currently do not recycle at all. Mr. Beaudoin calculated that 25% of what is discarded as trash
could be recycled. He said the Town does not enforce recycling but the State has a grant program
so towns can hire recycling monitors for education and enforcement.
Matthew Saradjian, 259 Bedford Street, is opposed to automation but is fine with single-stream
recycling. The size of the cart makes it hard for someone who has physical impairments and the
mechanical arm of the automated truck could pose dangers.
Tracey Herbert, 366 Marrett Road, said she supports anything that can increase recycling and
having one barrel on wheels is easier than the current system.
Jay Flynn, 1 Hunt Road, also supports anything that will increase recycling but he would like to
see some facts and figures. He asked what are the causal relationships are behind larger bins for
single stream and increased recycling volumes, as has been noted by other towns? Mr. Zettek
said if a town already recycles a lot, as Lexington does, the increase will be less dramatic.
Frank Smith, Precinct 3 Town Meeting member, asked whether the point of the change is to save
money or increase recycling. The goal should be clearly stated.
Steve Heinrich, 11 Potter Pond, said his development has a unique configuration and way of
dealing with trash and recycling. The complex employs an onsite manager to organize trash and
recycling for pick up and the new proposals would complicate that system.
The meeting took a 5 minutes recess and reconvened at 8:35 p.m.
Special Town Meeting: Board Positions/Discussion
Ms. Barry reviewed Selectmen positions on Special Town Meeting articles.
Discussion about Article 12B Appropriate Community Preservation Act Projects—Open
Space, 44 Adams Street:
Mr. Pato said that the Community Preservation Committee (CPC) met and had a"straw
discussion" about Article 12B. The matter did not come to a vote as there was no appraisal or
price named for the property. CPC will meet again on Thursday, October 12, 2017 at 3:00 p.m.
and Mr. Pato said the committee expects to have the material so it can come to a
recommendation. He characterized the straw discussion as "fairly robust"both for and against
the appropriation request and said the majority of members felt the project was worth discussing
once all the missing information has been supplied. However, there was also some resistance to
that course of action. Mr. Kelley was also present at the meeting.
Ms. Barry noted that Board of Selectmen was not unanimous in its support of moving the matter
to CPC and members have also not taken official position on the article itself. Mr. Pato said he
10/11/2017 BOS
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conveyed to CPC that the Selectmen had voted 4-1 in favor of advancing the matter to CPC but
there was not yet a strong vote for or against the article.
Mr. Kelley observed that there were a lot of negative feeling expressed toward the idea of the
land purchase. Mr. Kelley then described the property and the proposal at hand, showing
drawings of the house that would be built if the Town does not act to purchase the land. Mr.
Kelley is anxious that the Town seize the opportunity to acquire the property and connect it to
the adjacent conservation land. He agrees there are legitimate questions to be addressed but he
asks that Town Meeting be allowed to discuss the matter via the CPC article.
Mr. Lucente said he supports bringing the matter to Town Meeting. The developer has held off
on his plans to build and the Town has conducted an appraisal of the property. Since the
Selectmen voted 4-1 in favor of moving the project forward to CPC—and by extension, to Town
Meeting.
Ms. Barry agreed that 44 Adams Street is a unique property but believes the decision to acquire it
goes beyond the five members of the Board of Selectmen. She is in favor of moving forward to
CPC and also in favor of moving forward to Town Meeting. People in town have expressed their
support for Open Space although the decision for this particular acquisition is difficult.
David Kanter, 48 Fifer Lane, asked what will happen if the appraised value of the land is less
than the developer will accept. Mr. Kelley reported a strong interest among citizens to help make
up the difference and noted that a Chiesa Open Space Trust already exists.
Bob Pressman, CPC member, reported that four of the nine CPC members indicated they would
be against the purchase. He described a number CPA-eligible projects now being vetted for
Annual Town Meeting, all with substantial price tags, and added that the CPC fund begins the
year with a lower than expected balance. Bebe Fallick, 4 Diehl Road, said there is oral and
pictorial history material available from when the original portion of the Chiesa Farm was
purchased.
Dawn McKenna,9 Hancock Street, said projects like this are why CPA exists. The Town has no
choice over when land becomes available and acquisitions must be discussed as they come up.
She believes Town Meeting should discuss the proposal.
Mr. Lucente agreed that there are a lot of competing projects and asked how much money has
been spent by CPC for Open Space over the course of time. He asked, also, how often a CPC
proposal for an Open Space acquisition has been quashed by Town Meeting. He noted that Open
Space is a top community priority.
Bob Pressman, CPC member, stated that$14M has been spent over time for Open Space; $9M
for Recreation; $9M for Affordable Housing; and $35M for Historical Resources. He cannot
remember an Open Space purchase that was rejected by CPC.
Exemption 6: Potential Purchase of Land, 44 Adams Street
Upon motion duly made and by roll call, the Board of Selectmen voted 4-0 at 9:15 p.m. to go
into Executive Session, under Exemption 6, to consider the purchase, exchange, lease or value of
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real property, 44 Adams Street, and to reconvene in Open Session. Further, it was declared that
an open meeting may have a detrimental effect on the negotiating position of the Town.
Open Session
The Board of Selectmen reconvened in Open Session at 9:47 p.m.
Ms. Barry announced that the Board voted in Executive Session to release the appraisal of land
at 44 Adams Street. The value has been determined at$1M. Mr. Valente will post the appraisal
on the Special Town Meeting webpage.
Mr. Valente noted that the Town would request CPC to advance funds for the customary
ancillary costs.
Adjourn
Upon motion duly made and by roll call, the Board of Selectmen voted to adjourn at 9:47 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
10/12/17 BOS
Page 1 of 3
Board of Selectmen
October 12, 2017
A meeting of the Lexington Board of Selectmen was held Thursday October 12, 2017 at 8:55
a.m. in the Lexington Community Center Cafeteria. Board of Selectmen (BOS): Ms. Barry,
(Chair); Mr. Pato, Ms. Ciccolo and Mr. Lucente were present along with Ms. Axtell, Assistant
Town Manager; Mr. Pinsonneault, Department of Public Works Director; Mr. Beaudoin,
Superintendent of Environmental Services and Ms. Katzenback, Acting Executive Clerk.
Public Comments on the Future of Lexington's Trash and Recycling _Program
Mr. Pinsonneault stated that Lexington's current trash collection contract will expire June 30,
2018. He said a task force group was formed to evaluate available collection alternatives in
preparation for the next contract.
Mr. Beaudoin explained three options are available for consideration: 1) Manual Trash/Manual
Recycling as is done currently in Lexington, 2)Automated Trash/Automated Recycling and 3)
Automated trash/Manual recycling. Mr. Beaudoin noted that many towns have implemented or
are currently evaluating an automated trash collection program where residents' trash is collected
via a mechanized arm on the truck to lift and discard trash. He explained this type of program
utilizes a wheeled cart, issued by the Town, that is placed at the curb on collection day to be
mechanically grabbed and lifted by the trash truck to tip the trash efficiently and cleanly into the
truck.
Mr. Beaudoin outlined the following benefits of utilizing an automated trash collection program:
• Trash generation reduction = savings in avoided tip fees
• The Single Stream recycling program is easy
• Increased recycling supports new jobs
• Sturdy and durable Wheeled Cart provided to each household
• The program also helps improve the quality of life by making Lexington a cleaner place to
live and work
Mr. Beaudoin stated one of the next steps in determining the future of Lexington's Trash and
Recycling Program is to take into consideration the feedback of the community.
The following residents in attendance expressed concern of utilizing and automated system:
Carolyn Tiffany, 109 Reed Street, expressed concern of storing the new bins and having to
manage the larger cart.
Leonard Heinrich, 12 Balfour Street, expressed concern of about using an automated system
especially during the winter when there are snow banks.
Phil Hamilton, 23 Fifer Lane, expressed concern regarding what residents will do with their
existing containers.
10/12/17 BOS
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David Horton, 68 Paul Revere Road, expressed concern about maneuvering the larger cart and
having larger sized trash barrels on roads that are very narrow.
Pat Costello, 9 Preston Road, expressed concern about taking a larger container up and down the
incline of the driveway and stated the container is too large for the amount of weekly garbage
she disposes.
The following residents in attendance indicated they are in favor of an implementation of an
automated trash collection program:
Lin Jensen, 133 Reed Street, stated she is favor of an automated program and also encouraged
fellow residents to implement composting which can reduce waste for trash collection.
Bonnie Karshbaum, 7 Westwood Road, stated she is in favor of an automated trash collection
program.
John Lucente, 71 Farmcrest Avenue., stated he is in support of a single stream automated system.
Other residents in attendance made the following comments:
Mary Hutton, 67 Valley Road, stated she is in support of composting.
Ms. Barry thanked the residents for their feedback and noted that any additional comments can
be submitted to the Selectmen's office or to Mr. Beaudoin.
At 10:05 a.m. Ms. Barry called a brief recess and the meeting was called back to order at 10:07
a.m.
Special Town Meeting: Board Positions/Discussion
Ms. Barry reviewed the Board positions on STM 2 and STM 3 articles and asked Ms. Ciccolo for
her position on Special Town Meeting (STM)2, Article 2 - Appropriate for Hastings School
Construction. Ms. Ciccolo stated her position is yes for STM 2 article 2.
Establish Date for Debt Exclusion vote
Ms. Barry stated that Monday December 4, 2017 has been identified as the date for the Debt
exclusion vote and asked the Board if there were any questions. Mr. Pato asked if this is the only
date that works in timetable. Ms. Barry explained it was ascertained that after receiving
feedback from campaign organizers and facilities department who took into consideration the
Thanksgiving Holiday and the availability of voting locations, December 4, 2017 is the date that
works.
Adjourn
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at
approximately 10:15 a.m.
A true record; Attest:
10/12/17 BOS
Page 3 of 3
Kim Katzenback
Acting Executive Clerk
10/16/17 BOS
Page 1 of 4
Selectmen's Meeting
October 16, 2017
A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Monday,
October 16, 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
Mr. Lucente attended the Fire Department Open House on Public Safety, October 14. He noted it
was both well-attended and well-run.
Town Manager Report
• Mr. Valente asked that Melisa Tintocalis, Economic Development Officer, be recognized
to announce the completion of the Visitors Orientation Map, a year-long project
shepherded by Megan Zammuto, Economic Development Coordinator. The map is
available now in print form and online and will be presented at Historical Society and
Chamber of Commerce meetings.
• Mr. Valente said Hanscom Air Force Base, through MassPort, will conduct an update of
a Massachusetts Environmental Policy Act(MEPA) study. To inform the study, a public
scoping session will be held on Tuesday, October 24 at 6:30 p.m. at the Civil Air
Terminal at which residents will be asked to review and comment on MassPort
development plans. All comments will become part of the study; issues not raised do not
have to be included in the study. Written comments will be accepted through November 9
and can be submitted via a link on the MassPort website or by emailing Mr. Valente. Ms.
Barry asked that this information be posted on the Town website. Ms. Ciccolo expressed
concerns about scale, noting that such studies are commonly done when changes are
substantial.
Special Town Meeting: Board Positions/Discussion
• Article 8—Appropriate Design Funds for Visitors Center:
Dawn McKenna, Tourism Committee Chair, Tourism committee members Kerry Brandin and
Marsha Baker, and Fred Johnson, liaison from the Center Committee presented information in
support of a request to include an additional $200,000 for Visitors Center construction
documents under Article 8. This would raise the request total to $350,000. One of the most
compelling reasons to include construction design funds is the potential for a one-to-one
matching grant from the Massachusetts Cultural Council with a submission deadline of
November 17, 2017. The tourism season cycle is also a factor in attempting to move the process
along expeditiously.
Mr. Kelley and Mr. Lucente were supportive of the full $350,000. Mr. Pato was not in favor
because he is concerned about the number of high ticket projects on the horizon. Ms. Ciccolo and
Ms. Barry opted to wait for more discussion and consideration before voting. Ms. McKenna said
she would forward any further information to the Board.
10/16/17 BOS
Page 2 of 4
• Article 10—Amend General Bylaws—Distribution of Town Election/Town Meeting
Warrant:
Both Town Counsel and Bond Counsel are reviewing the language of the article. Mr. Valente
distributed several non-substantive edits for Board review.
• Article 12CPA Appropriate Community Preservation Acts Projects—Open Space/44
Adams Street:
Discussion postponed until October 17, 2017.
Pole Relocation Marrett RoadVerizon/Eversource
Ms. Barry re-opened the Public Hearing on this matter at 6:26 p.m.
At the October 2, 2017 Board of Selectmen meeting, the Marrett Road portion of the Pole
Relocation Petition was tabled until October 16, 2017 to allow time for Verizon and MADOT to
verify that the proposed pole relocation will not encroach on private property and that the
sidewalk space will meet ADA requirements. As the MADOT/Verizon site visit to verify the
pole relocation is scheduled to take place on October 18, 2017 it is recommended that the Board
continue this item to the October 30, 2017 BOS meeting. Ms. Ciccolo urged the Town's
Engineers to look closely at whether the 4 feet distance is adequate. Mr. Lucente asked if this
delay would affect any projects ongoing in the area. Mr. Pinsonneault, Director of Public Works,
indicated it would not.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to continue the Public
Hearing to October 30, 2017 at 7 p.m.
The Public Hearing was closed at 6:29 p.m.
Middlesex 3 Letter of Support
Melisa Tintocalis, Economic Development Director,reported that Middlesex 3, the regional
economic development consortium that Lexington belongs to, will be making a proposal to
Amazon for its planned second headquarters. The area proposed is called the
Riverview/Baker/Brookwood site in Billerica, Tewksbury and Lowell. Ms. Tintocalis said
Middlesex 3 recognizes this proposal to be "a long shot"but nevertheless asks that member
towns sign a letter of support.
Upon motion duly made and seconded, the Board of Selectmen enthusiastically voted 5-0 to
approve and authorize the Chairman to sign a letter of support to Amazon for locating a new
Amazon campus at the Riverview/Baker/Brookwood site in Billerica, Tewksbury and Lowell.
Establish Fees—Bike Share Program
Melisa Tintocalis, Economic Development Director requested that the Board approve the rental
fee model as presented. The launch event for the program is scheduled for October 27, 2017 at 9
a.m.
10/16/17 BOS
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Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the bike
share fee schedule of$1 per hour, or an annual member fee of$25 with trips under 2 hours for
free and $1 per hour for each additional hour.
Council for the Arts—Breakthrough Artist of Lexington Award
Seetha Ramnath, Chairman Lexington Council for the Arts, gave a brief update on the Council
for the Arts activities and also announced stained glass artists Joel Kowit as the winner of the
2017 Breakthrough Artist of Lexington Award. Mr. Kowit showed slides of some of his artwork
which is inspired by his career as a molecular biologist. He will use his award money to improve
the visibility and Google Analytics of his artist website.
Board Review Draft Charge/Membership/Timeline for Ad Hoc 40C Committee
This item appears on the list of 21 goals the Board is working on in FY18-FY19.
Ms. Ciccolo said the Board is being asked to explore options to update Lexington's Historic
Districts governing legislation, or convert Lexington's Special Act provisions of Chapter 447,
Acts of 1956 ("An Act Establishing an Historic Districts Commission for the Town of Lexington
and Defining its Powers and Duties, and Establishing Historic Districts in the Town of
Lexington", as amended)to a district governed by the statewide enabling act for historic districts,
Massachusetts General Laws Chapter 40C (the "Historic Districts Act")
Conversion to a 40C scheme for local historic districts would simplify the member selection
process, make Lexington regulation consistent with the standards applied by communities across
the Commonwealth, and enable the HDC to draw on over 55 years of supportive case law
interpreting the various provisions of 40C. Conversion to a 40C governance structure will also
better ensure architecturally and historically important properties are preserved according to
recognized standards of historic preservation, thus enhancing the character of our town for its
residents and visitors.
The first step in the process is to establish an Ad Hoc 40C Committee. Carol Kowalski, Assistant
Town Manager for Development, would act as support staff. Ms. Barry noted the committee
charge draft included in the meeting materials and asked for feedback from Board members. She
father noted there would be a sunset for the committee which is defined as completion of the
deliverables as outlined in the charge,possibly by Annual Town Meeting 2018.
Mr. Lucente asked if one of the committee's five members could be drawn from one of the
town's Historic Districts. Mr. Valente said the potential for this representation is included in the
membership criteria.
Ms. Barry said the announcement of the formation of this ad hoc committee would go out
through the usual channels and the application process would also follow established form. The
Selectmen would make the final appointments.
Town Manager ReMpointments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town
10/16/17 BOS
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Manager's reappointment of Leonard J. Morse-Fortier and Shaun Grady to the Commission on
Disability for terms to expire October 31, 2020.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town
Manager's reappointment of Ralph Bitsko to the Conservation Commission for a term to expire
March 31, 2020.
Appoint Board of Selectmen Office Manager/Executive Clerk
Upon motion duly made and seconded, the Board of Selectmen enthusiastically voted 5-0 to
appoint Kim Katzenback as Office Manager/Executive Clerk for the Board of Selectmen and
to authorize the Chairman to sign the letter of appointment.
Consent A_eg nda
• Approve One-Day Liquor Licenses
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Munroe
Center for the Arts' request for a One-Day Liquor license to serve wine at Cary Memorial Hall,
1605 Massachusetts Avenue on Oct 19 - Art Show Exhibition/Reception 6:00 p.m. - 8:00 p.m.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Spectacle
Management's request three (3) One-Day Liquor licenses to serve beer and wine at Cary
Memorial Hall, 1605 Massachusetts Avenue on the following dates: November 12, 2017 - Arlo
Guthrie from 6:00 p.m. - 10:00 p.m.; November 17, 2017 -Nick DiPaola from 7:00 p.m. - 11:00
p.m.; November 25, 2017 -Peter Sagal from 6:30 p.m. - 10:30 p.m.
Adjourn
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at
approximately 6:59 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
10/17/17 BOS
Page 1 of 1
Selectmen's Meeting
October 17, 2017
A meeting of the Lexington Board of Selectmen was called to order at 5:00 p.m. on Tuesday,
October 17, 2017 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry,
Chair; Mr. Kelley; Mr. Pato; and Mr. Lucente were present as well as Mr. Valente, Town
Manager; and Ms. Katzenback, Executive Clerk.
Special Town Meeting: Board Positions/Discussion
• Article 12, STM 2017-3: CPA funds for 44 Adams Street Purchase
Mr. Kelley reported that earlier today Mr. Barons, owner of 44 Adams Street, requested the
Town discontinue efforts towards the purchase of this property. Mr. Kelley respectfully asked
that Article 12 be indefinitely postponed.
Ms. Barry stated the Board's position on Article 12 will be updated to "indefinitely postponed".
• Article 8, STM 2017-3: Appropriate Design funds for the Visitors Center
Dawn McKenna, Tourism Committee Chair, reiterated the Tourism Committee's request to
include an additional $200,000 for Visitors Center construction documents under Article 8. This
would raise the request total for Article 8 to $350,000.
Ms. Manz, CEC, stated the Capital Expenditure Committee (CEC) feels final design should go
through the Town Meeting process before any construction funds be awarded.
Mr. Kelley and Mr. Lucente were supportive of the request for the full $350,000. Ms. Barry and
Mr. Pato were not in favor of including the additional $200,000.
Adjourn
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at
approximately 5:12 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
10/18/17 BOS
Page 1 of 2
Selectmen's Meeting
October 18, 2017
A meeting of the Lexington Board of Selectmen was held at 6:32 p.m. on Wednesday, October
18, 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. Katzenback, Executive Clerk.
Public Comment
Mr. Pressman, Community Preservation Committee, read a prepared letter expressing hope that
care be taken for future construction on the Chiesa property.
Special Town Meeting: Board Positions/Discussion
Ms. Barry reviewed the Board's position regarding the request for additional funds being added
to Article 8 - Appropriate Design funds for the Visitors Center as stated in the October 17, 2017
Board of Selectmen meeting at which Ms. Ciccolo was absent. Ms. Barry noted that Mr. Kelley
and Mr. Lucente were supportive of the request for the full $350,000 and she and Mr. Pato were
not in favor of including the additional $200,000.
Ms. Ciccolo said she is in support of the current amount of$150,000 for Article 8 and is not in
support of adding an extra$200,000 to Article 8 for construction funds.
Ms. Barry stated the Board stands 4-1 in support of Article 8 as written for $150, 000 in design
funds and decided 3-2 against the request for an additional $200,000 in construction funds being
added to article 8.
Review and Approve Letter: Complaint Regarding Inn at Hastings Park Liquor License
Ms. Barry said she and Mr. Valente have met with Ms. Kennealy, owner of the Inn at Hastings
Park, regarding a complaint that was received regarding the Inn at Hastings Park Liquor License
and the service of alcohol on the patio.
A motion was made and seconded to approve and sign the letter regarding the Inn at Hastings
Park Liquor License Violation.
Call for Special Election-Debt Exclusion Vote and Vote Debt Exclusion Questions
Mr. Valente stated the Board previously discussed the inclusion of three questions in the Debt
Exclusion Vote: first regarding a new Maria Hastings School, next regarding a new Lexington
Children's Place (LCP) and the third regarding a new Fire Headquarters and a temporary Fire
Station. Mr. Valente said two versions of the Special Election Warrant are being presented to the
Selectmen for review. He explained the difference between the two versions lies within question
2 for the LCP in which warrant version 1 includes the cost of converting existing LCP space at
Harrington to elementary school space and warrant version 2 does not include this cost.
Ms. Ciccolo recused herself from the discussion regarding the Pelham Property.
10/18/17 BOS
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General Board discussion ensued in support of selecting version 2 of the Special Election
Warrant for approval.
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign
the Special Election Warrant, version 2, regarding election date, time and the questions for the
debt exclusion election.
Ms. Ciccolo resumed participation in the meeting.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to call for a
Proposition 2 1/2 debt exclusion election for Monday, December 4, 2017, from 7:00 a.m. to 8:00
p.m.
Authorize Chairman to Vote for MPO Candidates
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the
Chairman to vote for the four candidates on the ballot for re-election to the Metropolitan
Planning Organization (MPO).
Consent A eg nda
• Waive Parking Fees-Depot Parking Lot
Mr. Lucente asked if consideration could be made regarding parking fees on the night of the
Holiday lighting. Ms. Barry said this would be looked into and discussed at a future meeting.
Upon a motion duly made and seconded, the Board of Selectmen voted to waive all parking fees
at the Depot parking lot on November 25, December 2, 9, 16, 23 and 30.
Adjourn
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at
approximately 6:54 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
10/30/17 BOS
Page 1 of 7
Selectmen's Meeting
October 30, 2017
A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday,
October 30, 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
Mr. Kelley announced he will not seek another term on the Board of Selectmen. He has served
for 15 years in this capacity and is believed to be Lexington's longest continuously-serving
Selectman. Mr. Kelley praised Lexington's citizens for their willingness to serve the Town and
he thanked the Town Manager and staff for ably steering "Planet Lexington". Mr. Valente and
Mr. Kelley's colleagues paid tribute to the many ways in which Mr. Kelley has served the Town.
Ms. Barry thanked Town Meeting members and Town staff for a very productive Special Town
Meeting that was concluded in two nights. Ms. Barry also congratulated the Lexington High
School Minuteman football team on its victory over Andover, sealing the Middlesex League
championship for a second year in a row. The next competition will be against Everett on Friday,
November 3 at 6 p.m. on Crumb Field. Ms. Barry attended the recent ribbon cutting at Wave
Life Sciences on Hartwell Avenue, noting the rapid growth the company has experienced in its 3
years of existence. Ms. Barry also noted last week's inaugural Zagster Bike Share event, saying
it was an exciting beginning for a new program that already shows signs of success.
Town Manager_ Report
Mr. Valente gave an update on storm damages from the weekend's rain and wind event. Public
Works crews have been working throughout the night to clear tree debris. The extent of the
damage was significant enough to call in subcontractor assistance. 550 residents remain without
power at this time. Mr. Valente cautioned residents not to go near downed power lines.
Pole Relocation Marrett RoadVerizon/Eversource
This matter was again postponed until November 6, 2017 due to lack of pole location
confirmation.
Public Hearing—Noise Bylaw Waiver in Center
Mr. Lucente recused himself due to his home's proximity to the area in question.
Ms. Barry opened the Public Hearing at 7:16 p.m.
David Pinsonneault, Public Works Director, and Ralph Pecora, Water/Sewer Superintendent
requested a three-year Noise Bylaw Special Permit for Sewer Main Flushing. The DPW would
like to begin work at 5:00 a.m. starting Monday November 6th through Friday November 17th in
2017 and again at 5:00 a.m. during the first two weeks in November in 2018 and 2019. The
work area is in and around the Town Center along Massachusetts Avenue from Meriam Street to
Woburn Street and includes adjacent streets that connect to Massachusetts Avenue between these
10/30/17 BOS
Page 2 of 7
two end points. The work entails use of the sewer vacuum truck and is best done when
pedestrians and high traffic volume are not present.
Ms. Ciccolo questioned the 11-day period. Mr. Pecora said the length of the job will depend on
what is found during the flushing process. Any single manhole location can require 10-20
minutes of work.
Ms. Barry noted an email received from a resident of 50 Waltham Street, requesting a start time
of 7 a.m. rather than 5 a.m. Mr. Pato asked if starting at the later hour would present difficulty
for the work crews. Mr. Pecora replied that crews will be in the middle of the street and two-way
traffic would be impacted more at that time. Public Works has done this fall flushing work for
decades, always starting at 5 a.m.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to grant a three-year
Noise Bylaw Special Permit to the Lexington Department of Public Works to carry out Sewer
Main Flushing.
Mr. Lucente returned to the meeting.
Traffic Regulation: Bryant Road and Sanderson Road Stop Sign
Residents in the Sanderson Road/Bryant Road neighborhood have submitted a request to the
Transportation Safety Group (TSG) for traffic controls at this intersection. Dave Cannon, Town
Engineer, reported that TSG recommends Stop signs on Sanderson Road at Bryant Road, and
noted that development in the area has worsened sightlines.
Nancy Adler, 22 Village Circle, applauded her neighbor's effort in coming forward to request the
Stop sign. She noted that traffic in the area is "a real problem" and reported she was almost
struck by a vehicle whose driver mistakenly believed he had the right of way. Bryant Road is a
cut-through and drivers often speed to get to work at the nursing home located in the
neighborhood. Ms. Adler suggested the Town consider speaking to Lexington's businesses with
the goal of raising employee awareness of impacts to the neighborhoods.
John Bartenstein, 46 Sanderson Road, asked if there have been accidents at the intersection. Mr.
Cannon said there have been a number of close calls but he does not believe there has been a
high rate of accidents.
Ms. Barry noted an email received by Selectmen from the residents of 4 Bryant Road who
strongly support the installation of the Stop sign.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the
Traffic Rules and Orders for stop signs on Sanderson Road in each direction, at Bryant Road.
Residential Exemption Work Group Status Report
Preserving affordability for residents is one of the Board of Selectmen's top financial goals. In
the Spring of 2017, the Board consented to form a Working Group to study a Residential
Exemption. The Group consisted of six members: Selectman Joe. Pato, Vicki Blier, Patricia
Costello, Glenn Parker, John Bartenstein, Andrei Radulescu-Banu.. The Group's charge was to
study if an
10/30/17 BOS
Page 3 of 7
exemption would help reduce some property tax burdens,particularly on seniors. Now that the
Group has completed its initial fact-finding, Mr. Pato and Vicki Blier presented a brief tutorial
on the Residential Exemption, a discussion of the effects of implementation, and a
recommendation for further efforts.
It was determined that a residential exemption would pertain only to owner-occupied residential
properties and the decision to apply the option would be made by the Selectmen at the annual tax
classification hearing. The Selectmen could choose a factor between 0% and 35% of the average
residential assessment and the resulting number would become a fixed dollar amount that is
deducted uniformly from the assessments of each eligible property before the tax rate is applied.
In order to keep the exemption revenue-neutral, the overall tax rate would be increased and all
residential parcels would be taxed at the new, higher rate, but only owner-occupied homes would
receive the exemption. The effect would be to reduce taxes on owner-occupied homes with
valuations below the identified $1.119M break-even point, and to increase taxes on homes above
the break-even point.
Using this formula, 60% of all owner-occupied homes would see a sliding scale tax decrease and
17% of all owner-occupied homes would see an increase. The exemption amount itself is based
on a percentage of the Town's average residential assessment. The Working Group noted that
more residential taxpayers than expected would see reductions. Ms. Blier estimated that 75% of
senior-only households will benefit and 55% of the under 60-age cohort would also see property
tax reductions. A $600,000 home would get a reduction in tax of$632 at 10% and $2,800 at
35%. The break-even home would see no change, and the $2 Million home would see increases
of$1,072 and $4,752.
The Group recommended that the Selectmen appoint a broader ad hoc committee to look into the
deeper policy implications of applying the exemption and to gather community feedback. The
Group deliberately refrained from delving into policy matters, noting the exemption would yield
both winners and losers.
Ms. Ciccolo agreed with the recommended next steps and asked what a realistic timeline might
be. Mr. Pato said if the work goes well, the ad hoc committee's recommendations might be
adopted in time to impact tax rates starting in FYI or FY20.
Mr. Kelley noted that changing the rates in the manner suggested would be a challenging task for
the Town's Assessors and asked that they be asked to provide input before an ad hoc committee
is formed. He added that the question of who needs an exemption and who does not is not always
clear cut but setting in place an equitable, workable system is nonetheless important. He believes
raising taxes on properties not occupied by the owner could have the effect of raising costs for
renters. Mr. Pato said he had consulted with the Town Assessor who is aware of the Working
Group's conclusions. Ms. Blier said she spoke at length to the Chair of the Board of Assessors.
Mr. Lucente would also like to hear from the Assessors but does not see harm in forming an ad
hoc committee to address the more granular questions raised by the exemption. He asked what
would happen in the case of an accessory apartment. Ms. Blier said an accessory apartment
would be considered owner-occupied if the owner lives on the property. Additionally, the
exemption would not affect subsidized housing or Section 8 properties.
Joel Adler, 22 Village Circle, asked how property tax decreases would affect the Community
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Preservation (CP) surcharge and if a bond holder would have concerns that such a tax shift
would introduce greater risk. Mr. Pato said the exemption would shift impact but not reduce
overall residential tax revenue and therefore CP funds should remain the same. CP was not
studied by the Group but evaluating the surcharge is among the work items to be examined.
Ms. Barry said she supports forming the ad hoc committee. She will coordinate with Mr. Pato on
next steps.
Application for Common Victualer License—Wicked Bad
Jack Mahoney, Owner of Wicked Bagel, asked the Board to consider a request for a Common
Victualler License from Landmark New Group Inc. d/b/a Wicked Bagel, 171 Massachusetts
Avenue. He has fulfilled all application requirements.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a Common
Victualler License for Wicked Bagel, 171 Massachusetts Avenue for the hours Monday - Sunday
6:00 a.m. to 3:00 p.m.
Initial ReviewFY 2019-2023 Capital Improvement Plan
Preliminary FY 2019 capital improvement requests were submitted for the Selectmen's initial
review. Carolyn Kosnoff, Assistant Town Manager for Finance, said Town departments
submitted their Capital Requests to the Finance Department who, in turn,passed them along to
the Capital Expenditures Committee. Ms. Kosnoff provided brief descriptions of certain requests
that may warrant more in-depth discussion at this or future Selectmen's meetings. Projects for
particular attention that are new or require particular attention include:
• Application Technology—multi-year, on Capital Plan; FY19=$340,000 to analyze IT
inventory
• Lexington Police Station RebuildFY19 design/construction= $1.2M
• Town-wide Roofing—multi-year, starting in FY2021; Bridge School roof potentially
eligible for MSBA funding
• Lexington High School Upgrade placeholder; feasibility study FY20= $1.825M
• Public Service Building Vehicle Storage Area Drainage—FY19= $157,000
• Center Streetscape Improvements—multi-year; FY19= $450,000
• Automatic Meter Reading System three years,phased by sectors; FY10=$750,000
• Water Distribution System Improvements—continuing multi-year program; FY19= $1M
• Town-wide Signalization Improvements—multi-year; FY19= $1.1M
• Hill Street New Sidewalk Project FY20=$1.5M
• Pelham Street Sidewalk and Roadway Improvements—FY19= $1.4M
• Athletic Facility LightingFY19=$975,000
• Center Field and Track ReconstructionFY19=$3.34M
• Community Center Expansion—three-year project; FY19=$250,000.
Dawn McKenna, Chair of the Tourism Committee, noted that the cost of the Visitors Center is
listed under 2020 and the Committee is working toward a 2019 construction date for opening in
the spring of 2020. She hoped the project will be moved into the 2019 column in anticipation of
a warrant article for full-project funding in that year.
10/30/17 BOS
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Ms. Kosnoff noted that maintenance for the Water Distribution System has been underfunded.
Engineering has recommended the Town increase the yearly appropriation from $I.M (current)
to $2.2M starting in FY20.
Ms. Barry asked if the frequency at which water meters are read would increase once the new
meter system is installed. Mr. Lucente asked if a return on investment(ROI) analysis has been
done for the meter replacements and if the increase in maintenance funding has been calculated
in such a way to avoid future underfunding. Mr. Kelley asked if the automatic system would
allow residents to tie into the system database for notifications. Ms. Kosnoff will check into the
meter-reading frequency. She said the ROI is part of the water system study being conducted
now and a change in the maintenance appropriation suggested by Mr. Lucente will be
considered. Mr. Pinsonneault said the meter reading system will not be just a billing tool and
resident interface is a component of the analysis being conducted. Automatic reading capability
will also help the Water Department know about leaks so repairs will be made faster and
abatements will be requested less frequently.
Ms. Barry noted that 2025 will be a significant year for Lexington and items related to the Battle
Green should not be postponed. Dawn McKenna, Chair of the Tourism Committee, said the
Visitors Center, being part of the Battle Green, is important, as is the rest of the Battle Green
Master Plan.
Jill Hai, Chair of Capital Expenditures Committee, asked if the potential impact of cut-through
traffic to streets abutting the Center Streetscape area has been addressed. Mr. Valente said they
have not yet been resolved and although the Woburn Street intersection is being considered
separately from the Center Streetscape project, the Board of Selectmen will consider the two
issues together when the time comes. A decision on the Woburn Street intersection
signalization or no signalization will necessarily affect the Center Streetscape design decision.
Dawn McKenna asked that the Battle Green and Center Streetscape projects be aligned and
included in the funding appropriation considerations.
Ms. Barry agreed that the Center track and bleachers are in bad shape but asked if the track area
would be affected by high school construction. She asked for a breakdown of the dollar figures
for this item. Mr. Pato said, without knowing the disposition of the track area, he is unwilling to
approve funds for anything more than temporary improvements. Additionally, he questioned
inclusion of the Community Center Expansion project in the Capital list since he wants
alternative funding to be pursued. Mr. Lucente questioned the Community Center schematic
design amounts, saying they seemed lower than the scope of the project would suggest.
Bob Pressman, Housing Partnership member, asked that LexHab be included in the Capital Plan,
with regard to the Busa property and Leary Housing. He noted that there are new projects on the
Community Preservation list that he believes should not jump in line ahead of the 6 1/2 year old
Leary Housing project. Dawn McKenna similarly asked for prioritization of older projects over
new and added, to be equitable, that more projects be considered for private funding.
Ms. McKenna also agreed that the Center Track and bleachers have been in bad shape for years
but she is unsure if the community has an appetite for complete renovation of the athletic
complex. She urged the Selectmen to consider the potential revenue an improved sports campus
might provide.
10/30/17 BOS
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Mr. Kelley said the track/athletic area has poor drainage and is not a viable building site. Jill Hai,
Chair of Capital Expenditures, noted that track improvements have been on the Capital Plan for
several years. The question is not if the new high school will be sited on the athletic field campus
but if the athletic field would be impacted by construction-related staging activities.
Review and Approve Amendment to Remote Participation Policy
Mr. Pato said recent changes to the Open Meeting Law affect rules about remote participation.
The Selectmen's Policy Manual Committee met to review the changes and recommends
Lexington eliminate the five prior conditions, as the State has done, and adopt the new condition
under which remote participation is allowed in both Open and Executive sessions for all Boards,
Committees, and Public Bodies. The remote participant would count toward a quorum and, for
Executive Sessions, would affirm s/he is not in the company of others while the meeting takes
place. Recording of Executive Sessions would not be allowed, the same as if a member is
physically present.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to amend the Board of
Selectmen's Remote Participation Policy as presented.
Review and Approve Charge for Ad Hoc 40C Committee
At the October 16, 2017 Selectmen's meeting, the Board reviewed the draft charge, membership,
and timeline for Historic Districts Commission Ad Hoc 40C Study Committee. The Board is
now being asked to approve the committee charge for the Historic Districts Commission Ad Hoc
40C Study Committee.
Upon motion duly made and seconded, the Board of Selectmen noted 5-0 to approve the Historic
Districts Commission Ad Hoc 40C Study Committee Charge.
Review Proposed RCN Contract Amendment
In 2016, RCN relocated their hub from Lexington to 956 Massachusetts Avenue, Arlington. The
existing current cable license between RCN and the Town of Lexington refers to the hub site
being located in Lexington. RCN asks the Board to approve their request for an amendment to
the existing Cable License between RCN and the Town of Lexington which would delete the
references to the hub site being located in Lexington in Section 1.1 (28) and Exhibit 2. The
Communications Advisory Committee has reviewed this request and is in favor of the proposed
amendment.
Once the request is approved, a notice shall be published in the newspaper with a summary of the
proposed amendment. After a 21-day public period of review,the Board will then take into
consideration the approval of proposed amendment.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request
for consideration of proposed amendment from RCN as outlined and to publish summary in the
local newspaper.
Selectmen Committee Appointments/Reappointments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Ramin Tariz
10/30/17 BOS
Page 7 of 7
to the Communications Advisory Committee for a term to expire September 30, 2020.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Trisha
Perez Kennealy to the Tourism Committee for a term to expire September 30, 2018.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Marsha
Baker to the Tourism Committee for a term to expire September 30, 2018
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint James
Wood to the Tree Committee for a term to expire September 30, 2019
Consent A_eg nda
• Proclamation—Employee Recognition Day
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to sign the
proclamation for Employee Recognition Day, Wednesday, November 8, 2017 to honor all Town
Employees and to recognize those employees with 5, 10, 15, 20 and 25 years of service.
• Water& Sewer Commitments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
following Water& Sewer commitments: Aug 2017 Final Water Bills = $ 18,117.94; Sept 2017
Final Water Bills = $ 11,300.74; Sept 2017 Cycle 9 Billing= $ 290,163.92.
Executive Session
Ms. Barry recused herself due the fact that her husband is an employee of the Town. Ms. Ciccolo
will act as Chair.
Upon motion duly made and by roll call, the Board of Selectmen voted 4-0 at 8:50 p.m. to enter
Executive Session under Exemption 3 to discuss strategy with respect to Collective and Coalition
Bargaining and to reconvene in Open Session only to adjourn. Further, it was declared that an
Open Meeting discussion may have a detrimental effect on the bargaining position of the Town.
Adi ourn
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at
approximately 9:40 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
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Selectmen's Meeting
November 6, 2017
A meeting of the Lexington Board of Selectmen was called to order at 7:12 p.m. on Monday,
November 6, 2017 in Estabrook Hall of the Cary Memorial Building. Ms. Barry, Chair; Mr.
Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town
Manager; Ms. Kowalski, Assistant Town Manager for Development; and Ms. Siebert, Recording
Secretary.
Present for the School Committee: Mr. Alessandrini, Chair; Ms. Steigerwald; Ms. Jay; and Ms.
Colburn.
Present for the Planning Board: Mr. Canale, Chair; Mr. Creech; and Ms. Corcoran-Ronchetti.
Present from the Lexington State Legislative delegation: Senator. Barret; Senator Friedman;
Representative Kaufman.
Public Comment
Judy Crocker, 5 Currier Court/ Safe Routes to School (SRTS) coordinator for the Town of
Lexington,provided an annual update on behalf of the Transportation Safety Group (TSG).
School bus ridership is at 53%, a growth rate of 71% since 2012; walking and biking to school
has also increased; safety measures have been implemented such as flashing School Zone lights;
and sidewalk connectivity has improved. Lexington has received five State SRTS awards and
three grants totaling nearly $500,000. Looking ahead, the TSG/SRTS plans to: partner with
Michelson's Shoe Store for centennial activities; continue work with the Police around bike and
helmet safety; continue to promote carpooling, pedestrian and bike safety through collaboration
with the PTOs and physical education classes; further define a job description for a
Coordinator's position; and develop program materials. Ms. Crocker noted that vehicle idling in
excess of five minutes is against Massachusetts General Law, Chapter 90, section 16A.
Selectman Concerns and Liaison Reports
Mr. Pato, in his role as liaison to Sustainable Lexington, reported the Hancock UCC Church is
coordinating a relief effort called "Lexington Unites for Puerto Rico". Donations of specific
items,plus contributions of funds and volunteer hours to sort and pack donations, are most
welcome. More information is available on the Hancock Church website.
Mr. Lucente, liaison to the Human Rights Committee, reported that a conversation about race
will take place on the morning of Martin Luther King, Jr. Day, January, 15, 2018.
Town Manager Report
A debt exclusion vote for three Capital items will take place on Monday, December 4, 2017.
Debt modeling to date has assumed passage all three projects. In an attempt to understand the
impact of each project individually, Town staff has broken down the scenarios into three separate
illustrations. The new analysis takes into account mitigation provided by a portion of the $30M
Capital Stabilization Fund; Mr. Valente noted that some of the mitigation fund will be held back
to cushion the impact of the upcoming Police Station project. The highest impact year(2019)
would yield a tax bill increase of 3.2%, including the baseline 2.5% allowed by law. This debt
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analysis document can be accessed on the Town's website.
Meeting with Lexington's Statehouse Delegation
Mr. Canale called the Planning Board to order at 7:24 p.m. Mr. Alessandrini reconvened the
School Committee from a recess at 7:24 p.m., following the earlier joint Executive Session with
the Board of Selectmen.
Ms. Barry welcomed Representative Kaufman and Senators Barret and Friedman, saying the
assembled boards had created a list of topics to be discussed with the legislators. After initial
opening words from Mr. Kaufman, Mr. Barret, and Ms. Friedman, each board posed questions in
turn.
• Opening words:
Mr. Kaufman: In 2018, Massachusetts citizens will vote on a proposed amendment to the State
Constitution called"The Fair Share Amendment." If passed, the amendment would provide an
additional $213 revenue to the State through an increased tax on annual incomes over $1M. A
total of 18,000 individuals/households would be affected. Mr. Kaufman supports the amendment,
saying the funds would be earmarked for education and transportation initiatives.
Ms. Friedman: The Senate has been immersed in Criminal Justice issues but recently turned its
attention to Health Care. Challenges to the Affordable Care Act are driving the focus. Potential
2018 ballot initiatives include Paid Family Leave; $15/hr. minimum wage; and sales tax
reduction, which, if passed, would have a profound effect on how Fair Share funds are
apportioned.
Mr. Barrett: A "catch-all" heath care bill is coming up for a vote in the State Senate to address
secondary cost drivers, such as ambulance charges. Massachusetts retailers intend to introduce a
sales tax reduction ballot initiative that, if successful,would offset much of the beneficial effects
of the Fair Share initiative because sales tax is now partially earmarked for mass transit. A
Senate subcommittee is attempting to address retailers' concerns in hopes that the desire for a
ballot question is quelled.
• Board Questions:
Selectmen: Is there hope that the State's Community Preservation (CP) match will stabilize
and/or increase?
Mr. Kaufman: So far, attempts to stabilize the CP match have failed and communities such as
Lexington are experiencing the downside of the CPA's success, with lower match percentages,
as additional cities and towns jump into the pool. Mr. Kaufman, Mr. Barrett, and Ms. Friedman
are co-sponsors of a bill that would increase the motor vehicle surcharge at the Registry to
provide a larger revenue stream.
Ms. Friedman: A bill before the House Ways and Means Committee would increase the fees on
deeds if the CPA match is less than 50% of community contributions.
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Selectmen: The Board of Selectmen's highest fiscal responsibility goal is to balance the
residential tax burden so that seniors are less burdened. Lexington hopes the State will lead the
way with a means-tested reliefprogram.
Mr. Kaufman: A House revenue committee that Mr. Kaufman chairs has passed two elements
pertaining to senior tax relief that are now priority issues before the House Ways and Means
Committee. A goal of Mr. Kaufman's is to remove any reference to "seniors"from the Property
Tax Bill and instead address all low-income residents regardless of age. When the Property Tax
Bill law was first enacted, the budget impact of comprehensive low-income tax relief was
thought to be too large and therefore the beneficiary cohort was narrowed to low-income seniors.
Mr. Barrett: Mr. Barrett said he feels ambivalent about tax relief that specifically targets the
senior population. The communities he serves have widely differing populations and incomes but
none of these towns are eager to welcome more school age children because of associated
financial impacts. To address concerns, some communities have made it more viable, through
tax relief, for seniors to remain in their homes, thus slowing down housing turnover rates. Mr.
Barrett would prefer that tax mitigation be available to all low-income households. He noted
there would be far less stress on seniors if there were more downsizing housing options
available.
Ms. Friedman: All five of Ms. Friedman's constituent communities have the same top two
issues: transportation and housing. Living in the region costs too large a portion of seniors' fixed
incomes. She asked about Lexington's Senior Tax Mitigation program. Mr. Pato replied that
Lexington's program has increased the threshold for residential mitigation eligibility but it does
not allow, as Sudbury's program does, for house value adjustment.
Mr. Valente: Municipal procurement bidding laws pertaining to "vertical construction"
preclude using vocational ed students to perform construction work, even though Lexington once
had a mutually beneficial partnership with Minuteman High School for on-the-job construction
industry training. Is it possible Lexington might be granted an exemption that would allow for
renewal of this collaboration?
Ms. Friedman: Ms. Friedman has had several conversations with the Minuteman High School
principal and with her other constituent communities and is happy to collaborate on a solution.
She asked if the Town has had its understanding of the law verified. Ms. Valente said Town
Counsel confirmed the interpretation of the statute. Mr. Kennedy, Chair of LexHab, noted larger
projects are subject to the sub-bid procurement rules but smaller projects that don't require sub-
bidding appear to be outside the law's purview.
Planning Board: Lexington has started to update its Comprehensive Plan which includes an
extensive effort to gather public input. Mr. Canale asked the delegation if there is a way to
modem land use, housing, and transportation legislation so it is not one-size-fits-all.
Mr. Barrett: There has been almost no discussion this year regarding zoning reform, although the
topic was very hot during the previous two years. Mr. Barrett does not believe there will be new
zoning or land use mandates in 2018/19.
Ms. Friedman: There is been discussion around bringing back last session's bill called
"Improving Housing Opportunities in the Massachusetts Economy"but that bill won't come
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forward quickly because the current focus of effort is on transportation.
Mr. Kaufman: In his 23 years in the House, the State has done disappointingly little in the way of
zoning reform. As Mr. Canale points out, the vast differences between communities is a main
reason nothing has been done because the solutions are complex. Local Boards need to engage
to get things going; regional subcommittees of the Metropolitan Area Planning Commission
(MAPC)will also be an important force for change and reform.
School Committee: Is there any hope that the reimbursement calculus for METCO students will
improve?
Mr. Kaufman: METCO funding has been a top priority throughout Mr. Kaufman's tenure.
Funding has probably kept up with inflation and made minor additional headway, but it is not as
good as it should be. This year, increases in transportation costs will be fully funded. Last year,
the program's budget was increased until cuts had to be made. This year, there will be a
significant request from both the House and Senate. Additionally, METCO, Inc is undergoing a
program overhaul, hiring a new CEO, and embarking on a fundraising initiative that could make
large and much needed differences. Mr. Alessandrini said the Lexington School Committee
stands ready to help in any way that would be useful.
School Committee: The Foundation Budget Review Commission made recommendations in 2015
to adjust the Foundation budget formula to acknowledge for things like Special Education and
Health Care. Communities, like Lexington, that are able to make up the difference between
funding and actual have seen a high rate of enrollment growth which puts pressures on
taxpayers,particularly seniors. What are the prospects the State will address Foundation budget
deficiencies and what might the effects be ofFair Share funding?
Friedman: The Fair Share amendment would have a direct impact on this. Despite notions that
the State budget has fat to trim, Massachusetts simply does not have enough revenue. Every
program we fund, the money has to come out of another. If health care costs are not reined in, it
will eat everything else up and transportation and education,particularly, will suffer. Education
is why people come to Massachusetts. All 351 communities in the Commonwealth want more
money to fund their schools. Legislators must advocate for additional revenue, like the Fair
Share amendment and internet sales tax, and they must do a better job of explaining why the
State sales tax should not be cut, as retailers would like.
Mr. Barrett: Instability about health care at the federal level makes it impossible to commit
serious additional money to the Foundation budget. The Legislature may be called upon to
rescue Mass Health. If the Federal government passes a deep tax cut, it will eventually lead to
sharply decreasing federal revenue. Medicaid and Medicare may go on the chopping block.
Healthcare is 45% of what the State does, when you add MassHealth to State public employee
health insurance costs. The second-tier tweaks the Senate is taking up, such as ambulance costs,
will help but not enough to fully address the problem. We may have some painful choices to
make in the future.
School Committee: The Board of Selectmen, Human Resources, and School Committee are
working together to try to address student mental health concerns such as suicide and
depression. Parents from all income levels report it difficult to access care,particularly urgent
care. When the Legislature tackles health care, including mental health care, should it be
considered
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mandatoryfor all providers to accept some form of insurance? What can be done to help
municipalities contract with outside agencies for mental health services?
Ms. Friedman: Ms. Friedman's office has introduced 12 amendments to the health care bill that
directly address mental health care accessibility. More money should be directed to preventive
services rather than crisis management. The State should facilitate the formation of behavioral
health service databases to help those in need find providers with openings. Insurance companies
should pay for out of network services if in network services are unavailable in emergencies and
this coverage should continue until crises pass. Decisions of this nature should not be made by
insurance companies. Lexington should share its observations and concerns with the delegation
so that they can advocate for the right solutions. Ms. Friedman pledged the delegation's
continued support in this critical matter.
Selectmen: In the next two years, 1,000 jobs will be added at Hanscom and many of those
employees will get to work via a structurally deficient bridge and roadway on Hartwell Avenue
that requires a $6Mrepair project. Chapter 90 funding does not come close to covering
Lexington's road maintenance needs. How do we identify more funding sources? Can we partner
with Mass Development or the federal government?Is it possible to acquire funding from large
employers that do not pay local taxes, such as Hanscom AFB and MIT Lincoln Labs?
Mr. Kaufman: We should brainstorm how to reopen former discussions with the State and the
federal government about traffic patterns on the approach to Hanscom AFB. The same entities
that have actively advocated for greater investment in public education and public transportation
(Massachusetts High Tech Council, Massachusetts Taxpayer Foundation, Associated Industries
of Massachusetts) are also actively against the Fair Share effort, which is the only way to
increase funding without adding to the burden of an inequitable tax system. We need to fight to
get this Constitutional amendment passed because there is no other source of serious revenue and
it goes a long way toward making the tax system less unfair.
Mr. Barrett: The modest surcharge on incomes over $1M (i.e. Fair Share) is a good solution and,
at the moment,polls well. The public agrees that an additional 4% on higher incomes is
reasonable. Lexington should draw up a short list of priority road and transportation projects in
the event Fair Share is passed. There is an enormous amount of legislative interest in these
regional concerns.
Ms. Friedman: We can work together to identify all the funding resources. Call us and keep us
informed; this is the sort of thing we want to know about. Include Katherine Clark and the two
US Senators in this collaboration because of the expanded activity at the Base.
Mr. Canale: The Metropolitan Planning Organization may have funding for this but it will take
time. This is the exact time to pull all the resources together.
Selectmen: Lexington recently joined the Compact ofMayors to reconfirm the commitment to the
Paris Agreement, climate action, renewable energy, and sustainability goals. However, the
Department ofPublic Utilities (DP(J is currently reviewing Eversource rates that, ifchanged,
would significantly alter the return on investment formula upon which communities calculated
their sustainable energy investments. This could not only make past projects less viable
butinhibit future investment. We do not want to invalidate the past financial incentives Lexington
acted on and we do not want to see the elimination of State incentives for future projects.
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Mr. Barrett: We are pushing back hard on the DPU. Mr. Barrett has been impressed by
Lexington's initiative in renewable energy and sustainability. Some initiatives, such as the
community solar program, are in legislative form already. The Eversource issue is beyond the
immediate control of the Legislature but there are ways to influence the outcome.
In closing, Mr. Valente noted that he, as Town Manager, speaks to the delegates frequently and
finds them to be very accessible and their staffs are extremely responsive and capable. He
deemed the partnership between the Town and its delegates to be strong.
The Planning Board and the School Committee both voted unanimously to adjourn at 8:40 p.m.
The Board of Selectmen recessed for 5 minutes before continuing with the remaining agenda
items. The meeting was reconvened at 8:45 p.m.
Accept Terms of the Howard A. and Elaine L. Smith Scholarship Fund
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the terms of
the Howard A. and Elaine L. Smith Scholarship Fund that will be managed by the Trustees of
Public Trusts.
Establish Town Meeting and Town Election Dates
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to establish December
27, 2017 at 4 p.m. as the date and time to close the warrant for citizen petition articles for the
2018 Annual Town Meeting.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to establish Monday,
March 5, 2018 as the date for the Annual Town Election.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to establish Monday,
March 26, 2018 as the date for the opening session of the 2018 Annual Town Meeting. It was
noted that this date is one week later than usual.
Selectmen - Committee Appointments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Kevin
Falcone to be appointed to the Bicycle Advisory Committee to the unexpired term ending
September 30, 2018
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Louis
Savarino to be appointed to the Bicycle Advisory Committee for a term to expire September 30,
2020.
Approve Draft Letter Regarding MassPort/Hanscom Environmental Planning and Status Report
Ms. Kowalski said the draft letter was to comment on the proposed scope of Hanscom Field's
environmental review. The report is updated every 5 years; unless contiguous towns offer input
within the comment period as to the review criteria, Hanscom would use its 1974 Master Plan
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and 1980 noise rules as its review framework. The Town's comment period was brief and
closes tomorrow.
The draft letter asks Hanscom to consider the impact of future Hanscom activity on the
navigation easement granted by the Town. This is of particular concern given Lexington's
initiative to increase allowable development in the Hartwell Road/Hanscom corridor. The Town
understands that Stantech has prepared updated information for Hanscom but this data has not
been released to the public. Of particular concern are any environmental impact and historic
resource impacts.
Ms. Ciccolo commented that the letter drafted by Ms. Kowalski was thorough, detailed, and
thoughtful. The Status Report update is an obscure and expensive undertaking but the resulting
document provides valuable information the Town can use to guide a variety of decisions.
Mr. Pato also praised Ms. Kowalski's efforts and added that the commercial district of Hartwell
Avenue area is of critical importance to the Town.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and
authorize the Chairman to sign the letter(as amended by the Board)to the MEPA Office of the
Executive Office of Energy and Environmental Affairs regarding the Proposed Scope 2017 L. G.
Hanscom Field Environmental Status &Planning Report Bedford, MA, EEA Number:
5484/8696.
Adjournment
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 8:56 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
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Selectmen's Meeting
November 13, 2017
A meeting of the Lexington Board of Selectmen was held at 7:00 p.m. on November 13, 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.
Public Comment
Patrick Mehr, 31 Woodcliffe Road, introduced himself as the leader of the "No Campaign"for
the upcoming debt exclusion vote on December 4, 2017. He spoke specifically about the $16.5M
Massachusetts School Building Authority grant approved on August 23, 2017 for the Hastings
School project, noting the award letter specifies a 120-day deadline by which the Town is
required to demonstrate support to fund the cost of the project via Town Meeting and town-wide
votes. Mr. Mehr urged the Selectmen to call a Special Town Meeting to re-vote the Hastings
School appropriation within the levy limit rather than risk losing MSBA funding if the town-
wide vote rejects the debt exclusion question.
Street Acceptance - Vote to Layout
Mr. Valente reported there are no street acceptance requests before the DPW at this time. The
item was therefore postponed.
Water/Sewer Abatement Appeal
• Review analysis for Water/Sewer Abatement: Sal Serio, 166 Lowell Street
Carolyn Kosnoff, Assistant Town Manager for Finance, said this request for abatement was
heard by the Water/Sewer Abatement Board last summer. The issue revolves around an account
charged at a single-family rate that is, in actuality, a two-family dwelling. The original Water&
Sewer Board abatement calculation went back three years, as policy specifies. The homeowner
has requested that the abatement go back to 2002. The full abatement request is $2,756.05; the
Water/Sewer Abatement Board approved $1,330.70.
Selectmen noted the fault in this matter was the Town's, not the homeowner's, and that the three-
year policy was adopted for a different set of circumstances. Ms. Kosnoff agreed that the error
was one of billing; the dwelling is correctly categorized by the Assessors' office as a two-family
home.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to refer the Water
Sewer Abatement appeal back to the Water/Sewer Abatement Board in the matter of 166 Lowell
Street with direction to refund back to 2002.
• Consider Water/Sewer Abatement: Rita Clark, 51 Spring Street.
Ms. Kosnoff said the homeowner in this case is also looking for a greater abatement than one
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approved by the Water/Sewer Abatement Board. The circumstances involved outside
watering/irrigation via an indoor residential meter. In order to calculate the difference, the
Water/Sewer Board looked back at the same time of year for three billing periods and calculated
the use average. Anything over the average was considered excess, for which policy states that
70%will be abated. The homeowner is asking for 100%.
Rita Clark, homeowner of 51 Spring Street, stated she was not looking for 100% abatement but
would instead describe it as a request to pay in full for all of the water at the irrigation rate, rather
than the residential rate, and not pay for the sewer charges associated with the excess. Ms. Clark
does not have an irrigation system; she and her husband were attempting to adequately water a
newly-sodded yard. They have since set up a rain barrel system because of the cost to install an
irrigation system.
The difference between Ms. Clark's calculation and the Town' calculation was noted. Ms.
Kosnoff reported the 70% abatement policy is frequently applied to similar appeals cases when
people water outside on their domestic meters. If an abatement is granted to an address, it can
occur only once; the homeowner is advised to install an irrigation meter and not to rely on being
granted an appeal a second time around for the same issue. Selectmen expressed sympathy for
the circumstances, however support for consistent application of the 70%policy was also
expressed.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to take under
advisement the matter of 51 Spring Street.
Outdoor Skating Rink Request 2017 -2018 Season
Lisa O'Brien and Charles Teague presented information regarding a request to operate an
outdoor ice skating rink at Fletcher Park for a third winter season.
Changes made last year were based on observations during the pilot year and on a poll of
participants. Rubber mats and lights for evening skating were added in year two. This year, the
major change is a later start date due to the need for colder temperatures. Ms. O'Brien said the
public/private partnership with the DPW has allowed the program to operate smoothly.
The Selectmen enthusiastically reached consensus in support of the third year of the outdoor
skating rink initiative. Ms. Ciccolo asked if usage could be tracked gain understanding of the
popularity of the program.
FYI Tax Rate Presentation
Carolyn Kosnoff, Assistant Town Manager for Finance; Greg Johnson, Chairman, Board of
Assessors; Casimir Groblewski, Board of Assessors; Greg Johnson, Board of Assessors; Rob
Lent, Director of Assessors presented the first of three presentations that will lead to four tax
classification votes: 1) Establish a residential factor; 2) Determine whether to adopt the Open
Space Discount; 3) Determine whether to adopt the Residential Exemption and, if so, at what
percentage; and 4) Determine whether to adopt the Small Commercial Exemption. The next two
meetings will be held on November 27, when the Selectmen are scheduled to conduct a tax
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classification public hearing, and on December 4° when the Board will take the four votes
described above.
The first decision point, establishing the residential factor, involves determining whether a shift
of tax burden will occur from residential property owners to commercial/industrial property
owners. The shift is intended to mitigate residential tax impacts up to a maximum of 1.75%. The
maximum has been applied for the last 4 years; about 1/3 of the communities in the
Commonwealth take advantage of the shift.
As for Open Space discounts, the second decision point, the Town has not identified any
properties that would be eligible.
The third decision, a residential exemption, is under review by an ad hoc committee. Adoption
of a policy is not anticipated this year.
The last decision point, the Small Commercial Exemption, is defined as a shift of tax burden
from those businesses valued at less than $1M and employing no more than 10 people.
Mr. Johnson said the numbers being presented are preliminary and that some may change over
the course of the three presentations. The residential valuation of Lexington totals
$9,361,100,630; the commercial/industrial/personal property valuation totals $1,229,648,980.
The combined total is $10,589,705,610 or a 6.02% increase over FY17. The maximum allowable
levy limit over FY17 is $178,659,377 or an increase of 4.91%.
Mr. Johnson also presented a history of residential valuations noting that the average value of a
single-family dwelling in Lexington in FYI is $990,751, a 6.28% increase over FYI 7. Mr. Pato
cited that commercial property valuation has increased only 4 times in the same period as
residential values have increased 10 times.
It was further noted that the commercial value increase was lower than expected because 125
Hartwell Avenue sold to Eliot Community Human Services, a tax-exempt organization, causing
it to be transferred to the exempt property category.
Ms. Ciccolo said she wants to understand how a residential exemption might shift the burden of
the tax rate.
Mr. Kelley asked what the practical challenges are to administering a residential tax exemption.
Mr. Lent said homeowners who believe they are eligible would need to apply annually to the
Assessors' offices and bring documents that demonstrate eligibility.
Mr. Lucente noted that only 11.63% of total real estate value is commercial. He asked if there are
ways to influence behaviors by adjusting tax rates. Mr. Johnson said he has heard of so called
business "friendly communities"but he does not have any hard data.
Mr. Valente said the peak year for business percentages Lexington was 1986, after which
commercial value dropped, largely because Lexington changed zoning so that it discouraged
redevelopment by creating a tripwire to compel transportation improvements if changes to the
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property occurred. In 2006, the Board of Selectmen recognized the problem and created a
working group that recommended zoning changes. This made some improvement but the
recession hit shortly afterward, shutting down commercial development for a number of years.
Meanwhile, residential values continue to increase. Now there is another effort to rezone the
commercial areas to promote redevelopment but the initiative has not had the chance as yet to
bear fruit.
Mr. Lucente said he would like to be kept apprised of how Town policies affect behaviors. Mr.
Valente reported that, more than municipal incentives, economists cite transportation, access to
markets, and access to skilled employees as more significant business decision drivers.
Getting to Net Zero Task Force Update
Mark Sandeen, Sustainable Lexington,presented findings from the Getting to Net Zero Task
Force. Town Meeting has twice enthusiastically endorsed the work of the Task Force, the goal of
which is to reduce Green House Gas (GHG) emissions from all buildings in Lexington over the
next 25 years. A baseline audit by Peregrine Energy has been conducted to establish a starting
point from which to measure. The audit shows that homes account for 55% of emissions; labs
and offices 34%; municipal emissions 4%; retail and "other"4%. The age, efficiency, and square
footage of buildings are important factors. Only about 75 new homes are built each year in
Lexington, despite the teardown phenomenon, so retrofitting will be an important component of
achieving net zero.
Task Force recommendations include: choosing 100%renewably sourced electricity; enable
commercial "property assessed clean energy financing" (PACE) for efficiency and renewables
projects; conducting public information sessions for residents and commercial property owners;
scheduling Board of Selectmen reviews as certain key points and as needed.
Mr. Sandeen said commercial property stakeholders on the Net Zero Task Force report the need
for higher and more reliable electricity; to address this, Mr. Sandeen said he would like to put
together a plan to develop microgrids which can also serve municipal needs for emergency back-
UP-
Ms. Ciccolo and Mr. Kelley expressed enthusiasm for the Net Zero report. Mr. Kelley said
energy source sharing by groups or neighborhoods could make for a more advantageous
economy of scale.
Ms. Barry asked about the viability of fuel-switching retrofits if the utility company says it
cannot service your location. Mr. Sandeen said there is a possibility that the $9.5B the State has
allocated to extend gas networks might be able to be used for electrification from green sources
instead of for oil-to-natural gas conversions.
Ms. Barry recommended Mr. Sandeen contact Hanscom AFB to learn about Base sustainability
initiative. She offered to connect Mr. Sandeen to the relevant officials.
Mr. Lucente said Lexington will need to be aggressive to achieve Net Zero by 2025.
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Ricki Pappo, Town Meeting Member Precinct 2, spoke in support of building green and the
critical need to move away from fossil fuel use. Life cycle costs, health, and a sustainable built
environment are important factors in addressing the climate change challenge.
Mr. Sandeen noted the launch of a peer-to-peer electric/hybrid car effort called LexDrive Electric
will take place from 12-2 p.m. on Sunday, November 19, 2017 at Depot Square.
Vote to Accept Website as Primary Meeting Posting Site
Mr. Valente said that changes to the Open Meeting Law require the Board of Selectmen to
determine the official Town posting location. The Town Clerk recommends the Town Website
for that purpose.
Dawn McKenna, Town Meeting Member Precinct 6, asked how residents will know to go to the
website. She has received comments that public meeting schedules are hard to find and believes
access should be as transparent as possible.
Mr. Valente said the alternative would be the bulletin board outside the Town Clerk's office; he
is unaware of any complaints that public meeting access information is difficult. He suggested
the Town could include a notice in the tax bills,pointing residents to the Town website. Mr. Pato
noted that, if the Selectmen chose the website as the official location, there would have to be a
notice on the bulletin board to that effect. Mr. Kelley asked if a public flat screen in the Town
Hall and/or Library could display the web address for Town government meeting postings. Ms.
Barry noted that the public meeting schedule is now posted on a flat screen at the Town Hall, the
Police Station and the Public Works building. Mr. Valente said there is also a QR code posted
for Smartphone users but it only shows the meetings of the day because there are so many
meetings to include.
Ms. Ciccolo encouraged the use of the tax bills as a venue for spreading the word on an array of
Town messaging needs.
Mr. Lucente said that he and Ms. Barry are working with Town staff on better communication
with residents. He supports the website and tax bill notification concepts.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adopt, as provided
by M.G.L. c. 4, § 7, the municipal website as the official method of posting public meeting
notices.
Review and Approve FY2017 Board of Selectmen Annual Report Submission
This item was postponed until November 27, 2017.
Approve and Sign Proclamations
Ms. Barry read each Proclamation in its entirety into the record.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a
Proclamation in honor of the 100th birthday of Mary Casey. Saturday, December 9, 2017 was
declared Mary C. Casey Day.
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Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a
Proclamation in honor of the 100th birthday of Miriam McCue. Saturday November 4, 2017 was
declared Miriam McCue Day.
Selectmen - Committee Appointment
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Joseph Blatt
to the LexMedia Board of Directors to a 3-year term to expire September 30, 2020.
Consent A_eg nda
• Approve One-Day Liquor License - Brookline Bank/LCA
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign
a one-day liquor license for Brookline Bank/LCA to serve wine for the Art Walk Community
Event on Thursday, November 16, 2017 from 6:00 p.m. until 8:00 p.m. The event takes place
at 1793 Massachusetts Avenue.
• Water& Sewer Commitments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
following Water $ Sewer Commitments:
Water& Sewer commitment Section 2 $2,534,421.65
Water& Sewer commitment Cycle 9 August 2017 $343,173.50
Water& Sewer commitment Cycle 9 October 2017 $282,651.08
Water& Sewer commitment Final Water Bills July 2017 $ 12,490.90
Adjourn
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at
approximately 8:39 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
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Page 1 of 1
Selectmen's Meeting
November 20, 2017
A meeting of the Lexington Board of Selectmen was held at 6:05 p.m. on November 20, 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.
Ms. Barry recused herself because her husband is an employee of the Town of Lexington. Ms.
Ciccolo chaired in Ms. Barry's absence.
Upon motion duly made and by roll call, the Board of Selectmen voted 4-0 at 6:05 p.m. to enter
Executive Session under Exemption 3 to discuss strategy with respect to collective and coalition
bargaining related to Municipal and School unions. The Board of Selectmen will reconvene in
Open Session. Further, it was declared that an open meeting discussion may have a detrimental
effect on the bargaining position of the Town.
Upon motion duly made and by a 4-0 roll call vote, the Board of Selectmen exited Executive
Session at 7:35 p.m. and reconvened in Open Session. A recess was called for several minutes
and the meeting recommenced at 7:38 p.m. at which point Ms. Barry rejoined the meeting and
resumed the role of Chair.
Pole Relocation Marrett Rd. - Verizon/Eversource
Mr. Pinsonneault, Director of Public Works, reported that this is the seventh pole of eight to be
approved for this project. Staff has met with the State, the contractor, the Utilities, and the
abutter and come to a resolution of concerns. The project can commence once the final pole is
approved.
The Board, having no questions or comments, reached consensus to allow the project to move
forward now that concerns had been addressed.
Adjourn
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at
approximately 7:43p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
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Page 1 of 7
Selectmen's Meeting
November 27, 2017
A meeting of the Lexington Board of Selectmen was held at 7:00 p.m. on November 27, 2017 in
the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Kelley (late
arrival); Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town
Manager; and Ms. Siebert, Recording Secretary.
Selectmen Concerns
Ms. Barry and Ms. Ciccolo attended the annual tree lighting on Friday, November 24th at Depot
Square. Ms. Barry extended thanks on behalf of the Board of Selectmen to the Lexington
Retailers Association, sponsors of the event.
Liquor License Change of Mana erg /Corporate Director—Aloft Lexington
All the necessary paperwork has been submitted for a request to approve a change of manager
and new corporate director on the All-Alcoholic Innholder Liquor License for Lixi Hospitality
Lexington FB MGT, Inc., d/b/a Aloft Lexington. Proposed manager, Matthew Blanchette has
submitted an Alcohol Awareness Training Certificate and completed the required CORI check.
Jennifer Aioli, attorney with Sheraton Lodging/Aloft Lexington and Mathew Blanchette were
present to answer questions.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the
amendment application reflecting a Change of Manager and a New Corporate Director and issue
an All-Alcoholic Innholder Liquor License to Lixi Hospitality Lexington FB MGT, Inc., d/b/a
Aloft Lexington.
FYI Tax Classification Hearing
Ms. Barry opened the Public Hearing at 7:08 p.m.
Carolyn Kosnoff, Assistant Town Manager for Finance; Greg Johnson, Chairman, Board of
Assessors; Casimir Groblewski, Board of Assessors; Greg Johnson, Board of Assessors; Rob
Lent, Director of Assessors presented the second of three presentations that will lead to four tax
classification votes: 1) Establish a residential factor; 2) Determine whether to adopt the Open
Space Discount; 3) Determine whether to adopt the Residential Exemption and, if so, at what
percentage; and 4) Determine whether to adopt the Small Commercial Exemption. The first
presentation took place on November 23. On Wednesday, December 6, the Board will take the
four votes described above.
The majority of the agenda tax classification document is unchanged from the November 23ra
meeting but Ms. Kosnoff noted one minor change to the debt exclusion increment which, in turn,
changes the maximum allowable levy limit number in Exhibit A to $178,383,988.
Mr. Kelley arrived at the meeting.
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Mr. Johnson reviewed the additional information provided in the tax table document. Ms.
Kosnoff noted two potential moving pieces: 1)while unlikely to change, valuations have not yet
been certified by the State; until they are, the Town cannot set the final rates; 2)the outcome of
the December 4, 2017 town-wide debt exclusion vote will have an impact on outstanding short-
term debt. The numbers as presented assume that all three of the debt exclusions will pass; if
one or more of them fail, the numbers would have to be modified and the debt for the item(s)
moved to within levy.
Mr. Kelley asked how the Assessors were able to determine how many homes were not owner-
occupied. Mr. Lent said one of the ways to identify them is if the tax bill is sent to another
address. Mr. Lent believes the number may be different from the initial estimate and that further
investigation will help refine the identification process.
Mr. Kelley asked why there was a small drop in the total number of one-family homes. Mr. Lent
said that of the eight houses in question, some moved from one-family to two-family by design
and others were discovered to be incorrectly categorized. He does not see the drop as significant
and noted there is a distinction between condominiums/units in a home owners' association and
single-family houses. Mr. Lent said the number of condominiums had increased a great deal. Ms.
Barry asked that the number of condominiums/HOA units be included in the next analysis.
Ms. Barry asked why the Propostion 2.5 % increment is listed as 2.38% instead of the allowable
2.5%. Ms. Kosnoff said this is due to adjustments that have been made. Mr. Valente said the
increment figure is often not exactly 2.5% and the differential is considered Unused Levy
capacity.
Ms. Barry closed the public hearing at 7:31 p.m.
Accept Terms of Michelson's Shoes 1001h Year Scholarship Fund
In deference to the Michelson family and their recent loss of Dick Michelson, this item was
postponed until a future meeting date to be determined.
Approve Worthen Road Pump Station Easements
Mr. Lucente recused himself because he owns property directly across the street from the pump
station.
The Worthen Road pump station at 32 Worthen Road is being replaced near the existing
location. Dave Pavlik, Senior Civil Engineer for the Town of Lexington, reported that the
replacement requires both permanent and temporary easements. The abutting parcel commonly
referred to as the 'Battle Green Apartments' has agreed to donate these easements to the
Town. Town Meeting authorized the Board of Selectman to act on this donation.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to accept the easement
from Hamilton Battle Green, LLC, as described on the attached document entitled'easement
agreement' for the property identified as Lot 4C on the Town of Lexington Assessor's Property
Map 57 and located at 32 Worthen Road.
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Recording of the easement at the Registry of Deeds will be coordinated by the Engineering
Division.
Update—Presentation of Debt ExclusionTaxpayer Mitigation Plan
Mr. Valente and Ms. Kosnoff said that following the discussion regarding the Capital Financing
Plan/Taxpayer Mitigation for the December 4 Debt Exclusion at the recent Summit,participants
unanimously agreed that the flow of numbers was hard to follow because the presentation was
confined to a one-page. Working with Mr. Pato, Ms. Kosnoff has revised the analysis. Mr.
Valente emphasized that only the presentation format has changed in the revision; the numbers,
methodology, and approach have not.
Ms. Kosnoff took the Board through the new eight-chapter narrative. The Selectmen agreed that
the revised format made the information easier to follow.
Mr. Kelley asked how, after the $18.8M to be used over time to cover the cost of purchasing 173
Bedford Street and 20 Pelham Road, the remainder of the $30M in the Capital Stabilization fund
will be deployed Ms. Kosnoff said some of the remaining $12M will be used for within levy debt
to hold debt totals to within a 5% annual increase; another portion is being held aside to mitigate
the impact of future Capital project debt, such as the Police Station.
David Kanter, Capital Expenditures Committee, asked whether the terms for prior excluded debt
had been 20 years rather than 30 as in the latest round of projects. Mr. Pato replied that the
Diamond and Clarke Middle School projects both had 30-year terms but projects before them
were 20 years.
John Bartenstein, Appropriations Committee, said, based on the tax classification material just
presented, a 2.5%tax increase is not a certainty. He asked the Town to consider making
clarifications on this point. Mr. Valente said that Mr. Bartenstein is correct in this point but also
noted that the model does not include an expanding tax base. Because it will expand, the full
impact will be spread over more taxpayers. Additionally. The Town used last year's median
home value of$831,000 in the model but the average value for FYI is actually closer to
$890,000. The tax rate will also slightly decrease from $14.49 to $14.36.
Dawn McKenna, Chair of the Tourism Committee, asked if any of the Capital Stabilization Fund
might be used to pay cash for the Visitors Center project. Ms. Kosnoff said the intention of the
Stabilization Fund is to mitigate the debt service and not to use it to pay outright for Capital
projects. Further, Ms. Kosnoff believes it is not possible to apply Capitalization Stabilization
Funds voted for exempt debt to a different use, such as a within levy project. Stabilization Funds
not yet allocated can be voted for future projects, such as the Visitors Center. Ms. McKenna
asked that the running total of available funds in the Capital Stabilization Fund be made
accessible.
Mr. Kelley asked what interest rate was used in the modeling. Ms. Kosnoff replied that the rate is
4%, although it will actually be lower and borrowing will be done incrementally. Ms. Kosnoff
intends to issue a short term note at a lower rate for the start of the projects and renegotiate the
loan the following February.
Mr. Valente thanked Mr. Pato for his assistance on revising the document.
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Pine Grove Village Condo Conversion and CPA Grant Approvals
Liz Rust from the Regional Housing Services Organization has been working on the Town's
behalf to negotiate the conversion of Pine Grove Village from a co-op to condominiums,
securing perpetual deed restrictions on 11 units plus Town ownership and capital renovation of
the remaining 5 rental units. The conversion will keep the units in the Affordable Housing
subsidized housing inventory. The process is nearing completion and the closing could be this
week if the banks for two final owners process the mortgage papers in time. Because this portion
of the process is delayed, Board's approval will also be required to authorize the Town Manager
to approve the financing of the outstanding two mortgages.
The Town was able to use Community Preservation Affordable Housing funds to buy the 5 units
and to compensate the 11 owners for the deed restrictions. This conversion process was
particularly complicated; Ms. Barry noted 60 documents to be signed. Included are two
regulatory agreements, one between the Town and the Lexington Housing Authority to restrict
the 5 rental units in perpetuity and another with the Town and MassHousing on the 11 ownership
units, restricting those in perpetuity as well. There is also a CPA funding agreement between the
Town and the Lexington Housing Authority that lists the Lexington Housing Authority's
obligations.
Ms. Rust said she would meet with all of the owners to have them sign their deed restrictions and
make sure they understand how the deed restrictions work.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and
authorize the Town Manager to sign the grant in the amount of$1,032,000 for support of
community housing and community housing preservation, rehabilitation, and restoration of
sixteen affordable units on the land known as Pine Grove Village-Judges Road, Town of
Lexington Assessors Map 57/9C.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and
authorize the Town Manager to sign the: (a) Escrow Agreement; (b) Regulatory Agreement with
the Lexington Housing Authority; and(c) Affordability Monitoring Services Agreement.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the Town
Manager to sign and approve any mortgages that are outstanding.
Review and Approve FY2017 Board of Selectmen Annual Report Submission
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 approve the Board of
Selectmen's FY17 Annual Report,pending non-substantive edits.
Sign Eagle Scout Letter-Matthew T. Stevens
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to send a letter of
commendation congratulating Matthew T. Stevens of Troop 160 for attaining the highest rank of
Eagle in Boy Scouting.
Town Manager Appointment
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town
11/27/2017 BOS
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Manager's appointment of James Athens to the Youth Commission for a term to expire April
2018.
Selectmen—Committee Appointments/Resignation
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Robert
Avallone to the Communications Advisory Committee for a term to expire September 30, 2020.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Anne Eccles
as the Historic Districts Commission representative to the Historic Districts Commission Ad Hoc
40C Study Committee.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Marilyn
Fenollosa as the Historical Commission representative to the Historic Districts Commission Ad
Hoc 40C Study Committee.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Susan
Bennett to the Historic Districts Commission Ad Hoc 40C Study Committee.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Dan Fenn
Jr. to the Historic Districts Commission Ad Hoc 40C Study Committee.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Lester
Savage to the Historic Districts Commission Ad Hoc 40C Study Committee.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the
resignation of Richard Crogan from the Town Celebrations Committee.
Consider draft charge for Ad Hoc Residential Exemption Policy Study Committee
Mr. Pato has created a draft charge for the ad hoc residential exemption policy study committee,
as directed by the Board. The charge includes a description of the committee's goals plus a series
of questions that focus on fairness and how any proposed changes might affect subgroups within
the community, such as owners, renters,property buyers and sellers. Implementation of an
exemption program will also be examined by looking at communities that already have one.
Mr. Pato said he included an eligibility clause in the draft that places a limitation an owner of
rental property becoming a member of the committee. He also recommended that, of the five-
member committee, two be seated Selectmen.
Ms. Barry questioned the length of the committee term, saying the wording makes it appear as
though the group will not be disbanded until the Selectmen accept all the recommendations
presented. Mr. Pato said he would revise the wording to say "receive"rather"accept."
The number of Selectmen to serve on the committee was discussed, It was determined that just
one member as a liaison was adequate.
Ms. Ciccolo questioned whether excluding a landlord in the membership was prudent if the goal
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is for the committee to be balanced. Mr. Lucente said the proposed committee process is broad
and he is uncomfortable with restricting landlords from serving. Mr. Kelley agreed that
landlords should have representation. He also hopes to include representation from those
struggling to stay in their homes, although identifying someone with those qualifications might
be difficult. Mr. Lucente said he hopes to include a representative senior who is looking for
affordability. Ms. Ciccolo said it might be best not to call out seniors, since they are not the only
group looking for affordability.
Ms. Barry thought that in order to recruit applicants for the committee, the specifications should
be clear.
Mr. Pato said he wants to include at least one listening session in the committee's process. Mr.
Kelley suggested holding a listening session before the committee is configured to help identify
willing and interested stakeholders.
Based on the Board's feedback, Mr. Pato will make changes to the draft so that a second draft
can be reviewed at the Selectmen's meeting on December 4. A target a date for the report to be
presented is June, before the date of the Selectmen's Goal Setting exercise.
Consent A_eg nda
• Approve Use of the Battle Green—Lexington Minute Men
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request
of the Lexington Minute Men for permission to use the Battle Green on Sunday, December 10,
2017 from 7:00 a.m. until 3:30 p.m. The event is a re-enactment of the Lexington tea burning
protest of 1773. There will be a first musket drill (non-firing) at 10:00 a.m. At 12:15 p.m., there
will be a second musket drill (and firing demonstration). The Minute Men will conclude by
firing one volley for every Lexington man lost(total of 10) on April 19, 1775.
• Waive ZBA Comprehensive Permit Fee—LexHab's Lowell Street Housing Project
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to waive the ZBA
Comprehensive Permit fee for the Lowell Street affordable housing project.
• Approve One-Day Liquor Licenses
Upon motion duly made and seconded, the Board of Selectmen voted to approve requests by
Spectacle Management for approval for three (3) One-Day Liquor licenses to serve Beer and
Wine at Cary Memorial Hall, 1605 Massachusetts Avenue on the following dates/times:
Dec 2 - Gin Blossoms 7:00 p.m. - 11:00 p.m.
Dec 8 - Vienna Boys Choir 6:30 p.m. - 10:30 p.m.
Dec 15 - Judy Collins 7:00 p.m. - 11:00 p.m.
• Water& Sewer Commitments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Water
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and Sewer Commitment Section 1 for a total of$ 2, 267,230.77.
• Approve Minutes and Executive Session Minutes
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the minutes
of: August 2, 2017 Summit 1; August 14, 2017 Open Session; August 28, 2017 Open Session;
and September 11, 2017 and further to approve but not release the executive session minutes of
August 28 2017 and September 11, 2017
• Approve and Sign Letters to Comcast Requesting _Single Quarterly Direct DepSingle Quarterly Direct Deposit
Payment
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and
authorize the Chairman to sign two letters to Comcast formally requesting Comcast to remit its
quarterly payments to the Town as a direct deposit of a single check.
Remembering Dick Michelson
The Selectmen and Mr. Valente spoke in turn of the loss of long-time resident and community
leader, Dick Michelson, owner with his sons of Michelson's Shoe Store in the Center. Mr.
Michelson was remembered with gratitude and affection for his many contributions, and for his
devotion to the Town of Lexington. His funeral service was held yesterday.
Executive Session: Exemption 3—Collective Bargaining Update LMEA
Ms. Barry recused herself because her husband is employed by the Town. Ms. Ciccolo will serve
as Acting Chair.
Upon motion duly made and by roll call vote, the Board of Selectmen voted 4-0 at 9:04 p.m. to
enter Executive Session under Exemption 3—Collective Bargaining Update LMEA and to
reconvene in Open Session only to adjourn. Further, it was determined that an Open Session
discussion could have a detrimental effect on the bargaining position of the Town.
Adjourn
Upon returning to Open Session and upon motion duly made and seconded, the Board of
Selectmen voted 4-0 to adjourn at approximately 9:25 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Exemption 6: Consider Purchase of Real Property for Affordable Housing/LexHab (20 min.)
PRESENTER: ITEM
NUMBER:
Bill Kennedy, Les Savage, LexHab
ES.1
SUMMARY:
Exemption 6: Purchase, Exchange, Lease or Value of Real Property
Suggested motion for Executive Session: Move that the Board go into Executive Session to consider the
purchase, exchange, lease or value of real property, condo unit located at Emerson Gardens, and to
reconvene in Open Session only to adjourn. Further, that as Chairman, I declare that an open meeting
may have a detrimental effect on the negotiating position of the Town.
Consider the purchase of a unit at Emerson Gardens by LexHab, for affordable housing. Any purchase of
property by LexHab requires the approval by the Board of Selectmen.
SUGGESTED MOTION:
FOLLOW-UP:
If authorized by the Board of Selectmen, LexHab will continue negotiations for this property.
DATE AND APPROXIMATE TIME ON AGENDA:
12/18/2017 9:25 p.m.
ATTACHMENTS:
Description Type