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Selectmen – March 28, 2018
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Selectmen’s Meeting
March 28, 2018
A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Monday,
March 28, 2018 in the Selectmen’s Meeting Room of the Town Office Building. Ms. Barry,
Chair; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Ms. Axtell, Assistant
Town Manager; and Ms. Siebert, Recording Secretary. Ms. Hai and Mr. Valente were absent.
Open Meeting Law Complaint Regarding Article 45 of the 2018 Annual Town Meeting/Historic
Districts Commission Ad Hoc 40C Study Committee
Ms. Barry noted that a copy of the letter of complaint was in the meeting packet and on file on
the Selectmen’s Office.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to delegate
responsibility for responding to the Open Meeting Law Complaint filed on March 26, 2018 by
Grant Carrow regarding Article 45 of 2018 Annual Town Meeting to Town Counsel.
Trash and Recycling Collection Update
David Pinsonneault, Public Works Director, and Robert Beaudoin, Environmental Services
Superintendent, summarized the new trash and recycling contract process to date, asking the
Selectmen to grant authority to the Town Manager to execute the new trash and recycling
contract with EL Harvey. The new contract would start July 1, 2018.
Mr. Pinsonneault stated that Requests for Proposals (RFPs) for trash and recycling collection
were solicited in July 2017, yielding four responses. Vendors had been asked to provide pricing
for three different options: manual trash and manual recycling, automated trash and automated
recycling, automated trash and manual recycling. When Public hearings were held in October
2017, the resulting recommendation was to pursue two options: a 5-year status quo contract and
a 6-year contract with year one being status quo and years 2 - 6 begin automated recycling.
Dissatisfaction with current vendor JRM has mounted. During the proposal timeframe, JRM
requested an increase of $30,000 per year to obtain a performance bond, something all other
vendors included the original pricing. In December, JRM stated it could no longer honor its
pricing but would continue to negotiate. In February 2018, JRM informed the Town that, due to
the collapse of the recycling materials market, it would begin charging a fee of $80 per ton, up
from $0 today. There have also been a number of recent customer service complaints and Mr.
Pinsonneault noted that JRM has no experience with automated collections, if the Town decides
to switch collection methods during the term of the new contract. Given that collection contracts
are exempt from Chapter 30B of the Bidding Laws, staff reached out to a number of other
vendors and engaged in a positive dialogue with EL Harvey.
In contrast to JRM, EL Harvey provided pricing that is $800,000 less over the 5-year period,
using the status quo manual collection method. If Lexington switches to automated recycling,
EL Harvey would charge $200,000 less. Additionally, EL Harvey’s recycling fee would be
$70/ton, compared to JRM’s $80/ton, with the possibility of a reduction if the company receives
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a better materials price in future. Due to the difference in contract proposals plus EL Harvey's
very good references and experience with automated collections, staff recommends entering into
the collection contract with EL Harvey.
Mr. Pinsonneault emphasized that, before any change in the recycling collection method would
occur, Public Information meetings would be held. The vendor needs to know by November
2018 in order to switch by July 1, 2019, although there are options built into the contract to re-
open negotiations at intervals during the 5 years. If the recycling collection method does change
to automated, the contract price would have to be adjusted to cover equipment investment.
Noting strong public outcry against switching to automated collection, Mr. Lucente asked that
the motion include a commitment to the status quo manual collection method to ensure that
residents understand the Town’s intent. Mr. Pinsonneault clarified that the contract will include
both manual and automated collection options in case the Town decides to move toward
automation within the contract term. Year one of the contact is status quo, no matter what. Mr.
Lucente asked that “status quo for the first year” be spelled out.
Mr. Lucente said was surprised to hear negative feedback about JRM; he asked Mr. Pinsonneault
to elaborate on EL Harvey’s reputation and if references had been checked. Mr. Pinsonneault
confirmed that references have been checked and added that he is confident that EL Harvey is a
reputable company; EL Harvey was the runner-up for Lexington’s last collection contract, 6
years ago.
Mr. Lucente asked what differences in service residents would experience from changing
vendors. Mr. Pinsonneault said there will be all new trucks and a nine-employee customer
service department, ensuring that all calls would be answered by a representative. He anticipates
no negative changes.
Mr. Pato asked if recycling will become single stream and what the tipping fee per ton is
currently. He asked if the new charge for recycling tonnage is in the budget. Mr. Pinsonneault
said all companies are switching to single stream because of the way the materials are processed.
Mr. Beaudoin said the tipping fee is $66.19 per ton, which will increase 2% in 2019. Mr.
Pinsonneault said the recycling charge is part of the budget Mr. Valente brought forward.
Ms. Barry asked if there will be changes to the pick-up schedule. Mr. Beaudoin said there will be
no schedule change and an additional truck will be added that can also be used for seasonal yard
waste pick-up. EL Harvey’s implementation staff has been doing its homework by following the
current refuse and recycling trucks to learn the schedule.
The annual refuse/recycling flier would go out in early May. Ms. Barry recommended that,
considering the vendor change, the Town make a more comprehensive effort to spread the word,
including various publications and Discovery Day. She asked that information about medical
waste disposal also be included on the flier. Mr. Pinsonneault said one Public information
session will take place this spring, before school gets out, and others would be held in the fall.
Ms. Ciccolo asked if EL Harvey offers smaller totes since cart size was one of the biggest public
concerns expressed. Mr. Pinsonneault said EL Harvey will be involved in the upcoming public
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outreach effort to discuss the automated versus manual question; they will bring a variety of cart
sizes to the meetings.
David Kanter, Precinct 7 Town Meeting member, applauded the preferential pricing and EL
Harvey’s good reputation. He asked that the wording of the motion make it clear that the 5-year
contract is for status quo with an option to reopen the question of automated recycling, rather
than a 1-year status quo contract with an implied bias to switch to automated collection after the
first year. He believes the schedule is too tight to make a decision to change by November and
asked that at least two years be considered. Additionally, Mr. Kanter believes it inappropriate for
any additional costs since the Town faces many upcoming expensive projects.
Bob Pressman, 22 Locust Avenue, agreed with Mr. Kanter, saying he believed the Selectmen had
agreed to a 5-year status quo contract with consideration for automated recycling after one year.
Dawn McKenna, Precinct 6 Town Meeting member, agreed as well and emphasized her support
for the 5-year manual status quo. She urged the Selectmen not to change course without the
opportunity for additional resident input.
After discussion, the Board agreed to revise the motion. Ms. Barry said, on the one hand, the
Selectmen heard overwhelmingly that the community prefers the status quo arrangement but, on
the other hand, the Board does not want to constrain the Town Manager’s flexibility.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to authorize the Town
Manager to enter into a five-year status quo contract with EL Harvey for trash and recycling
collection, retaining the option for automation after public input is sought.
Update 2018 Annual Town Meeting Article 10J—Lowell Street/Farmview Affordable Housing
Lester Savage, Bob Phelan, and Bob Burbidge of LexHab presented background information
about Article 10J in which LexHab requests supplemental funds of $1.4M:
In 2014, Town Meeting approved $1,284,653 for construction of two buildings and a total of 6
units of affordable housing on the Lowell Street site abutting Lex Farm, now called the
Farmview project. This project is modeled on Fairview Avenue in that the units are built to
NetZero standards. Two of the six units will be fully-accessible. A project eligibility letter has
been obtained from the Department of Housing and Community Development (DHCD).
However, it was found that the original funding request of $1,284,653 is inadequate for several
reasons: original bids were too low; general construction cost increases; public bidding and
prevailing wage requirements; onsite stormwater mitigation has proven to be more complicated;
engineering, architectural, and legal cost increases.
Plans and cost estimates for Farmview have now been reviewed by TG Jones International, Inc.
The analysis shows that the project is likely to run close to $2.85M. In the first round of public
bidding, LexHab received two bids: one lower than $2.85M (from an as yet unqualified bidder)
and one quite a bit higher. Despite the cost increases, LexHab remains committed to the project.
Mr. Lucente agreed, saying there is zero likelihood that construction costs will go down.
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Farmview project is mid-way through to completion and turning back now would be difficult.
Mr. Pato agreed, saying Lexington’s commitment to affordable housing is laudable, even though
$450,000 is unexpectedly expensive. The Town may need to rethink some of its affordable
housing formulas in the future but this project should move forward. Ms. Ciccolo applauded
LexHab for its efforts to see this complicated project through. She agreed that the price is not
unreasonable, comparatively.
Dawn McKenna, Precinct 6 Town Meeting member, asked what the square footage cost works
out to be. Mr. Savage said the price is $382/SF.
Bob Pressman, Community Preservation Committee, said Lexington’s per unit guideline is
$525,000 and this project falls below that cap.
Mr. Lucente said he now feels comfortable to join three of his colleagues in voting to support
Town Meeting Article 10J. Ms. Hai, absent from tonight’s meeting, remains a “wait” until she is
able to determine her position.
2018 Annual Town Meeting Article Positions and Presenters
Ms. Barry listed the articles expected to come to Town Meeting floor tonight and their
presenters.
Ms. Axtell will schedule a presentation by staff on Citizen’ Article 42.
Ms. Barry understands that the Ad Hoc 40C Study Committee has been meeting to make changes
to the language of motion of Article 45. To give that process more time, and to provide time for
Town Counsel review, Ms. Barry moved the discussion of any changes to April 4. 2018.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to remove Article 7
from the Consent Agenda in order to provide an opportunity for a presentation by the Sustainable
Lexington Committee.
Selectmen—Committee Appointments/Resignations
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Wei Ding to
the Town Celebrations Subcommittee to a one-year term to expire on June 30, 2019.
Upon motion duly made and seconded, the Board voted 4-0 to accept the resignation of Cristina
Burwell from the Town Report Committee and as the Coordinator of the Town Report. The
Board extended its thanks and appreciation to Ms. Burwell for her time and effort in serving the
Lexington community.
Consent Agenda
Approve and Sign Proclamations
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign a
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proclamation to celebrate National Public Safety Telecommunicators Week April 8 to 14, 2018.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign a
proclamation to celebrate National Library Week April 8 to 14, 2018. The proclamation
encourages all citizens to recognize the staff of the Cary Memorial Library and to visit Cary
Memorial Library to take advantage of the wonderful library resources available.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign a
proclamation to recognize Arbor Day on Friday, April 27, 2018. The proclamation urges all
citizens to support efforts to protect trees and woodlands, to support the town’s urban forestry
program, and to urge all citizens to plant and protect trees to promote the well-being of present
and future generations.
Approve Lexington Little League Opening Day Request
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the request
from the Lexington Little League for the Annual Little League Parade on Saturday, April 28,
2018 from 9:00 a.m. to approximately 11:00 a.m. as outlined in their letter dated March 16,
2018, pending required approval from Town Manager, Police, Fire and Public Works staff.
Use of the Battle Green—Old Guard Performance
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the request
from the Town Celebrations Committee to use the Battle Green on Saturday, April 14, 2018 at
approximately 11:00 a.m. for a firing demonstration by The Old Guard.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 7:01 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
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2018 Annual Town Meeting Article Selectmen’s Positions as of March 28, 2018
ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai
4 Appropriate FY2019 Operating Budget
Y Y Y Y Y
5 Appropriate FY2019 Enterprise Funds Budgets Y
Y Y Y Y
6 IP - Appropriate for Senior Services Program
IP IP IP IP IP
Appropriate for Advice and Analysis-Getting to Net
7 Y Y Y Y Y
Zero
Appropriate to create Diversity Advisory Task
8 Y Y Y Y Y
Force
Establish and Continue Departmental Revolving
9 Y Y Y Y Y
Funds
Appropriate for FY2019 Community Preservation
10
Committee Operating Budget and CPA Projects
a. IP - Conservation Land Acquisition- TBD
IP IP IP IP IP
b. Community Center Sidewalk- TBD
Y Y Y Y Y
c. Archives & Records Management/Records
Y Y Y Y Y
Conservation & Preservation - $20,000
d. 9 Oakland Street- Renovation and
Y Y Y Y Y
Adaptive Re-Use - $200,000
e. Public Grounds Irrigation Improvements -
Y Y Y Y Y
$100,000
f. Playground Replacement Program-
Y Y Y Y Y
Bowman School - $302,000
g. Athletic Facility Lighting - $975,000
Y Y Y Y Y
h. Center Track and Field Reconstruction -
Y Y Y Y Y
$3,340,000
i. Old Reservoir Bathhouse Design - $75,000
Y Y Y Y Y
j. Lowell Street/Farmview Affordable
Y Y Y Y W
Housing Supplemental Funds - TBD
k. CPA Debt Service - TBD
Y Y Y Y Y
l. Administrative Budget - $150,000
Y Y Y Y Y
Appropriate for Westview Cemetery Building
11 Y Y Y Y Y
Construction
Appropriate for Lexington Children’s Place
12 Y Y R Y Y
Construction
Appropriate for 45 Bedford Street/Fire Station
13 Y Y Y Y Y
Replacement
Appropriate for Lexington Police Station Re-Build-
14 Y Y Y Y Y
Design
15 Appropriate for Recreation Capital Projects Y Y Y Y Y
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ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai
Appropriate for Municipal Capital Projects and
16
Equipment
a. Hydrant Replacement Program
Y Y Y Y Y
b. Storm Drainage Improvements and
Y Y Y Y Y
NPDES compliance
c. Comprehensive Watershed Stormwater
Y Y Y Y Y
Management Study and Implementation
d. Townwide Culvert Replacement
Y Y Y Y Y
e. IP - Center Streetscape Improvements-
IP IP IP IP IP
Design
f. IP - Automatic Meter Reading System
IP IP IP IP IP
g. Sidewalk Improvements
Y Y Y Y Y
h. Equipment Replacement
Y Y Y Y Y
i. Townwide Signalization Improvements
Y Y Y Y Y
j. Pelham Road Sidewalk and Roadway
Y Y Y Y Y
Improvements
k. Street Improvements
Y Y Y Y Y
l. Hartwell Area TMOD Plan Update
Y Y Y Y Y
m. Transportation Mitigation
Y Y Y Y Y
n. Municipal Technology Improvement
Y Y Y Y Y
Program
o. Application Implementation
Y Y Y Y Y
p. Network Core Equipment Replacement
Y Y Y Y Y
q. Police Radio Console Equipment
Y Y Y Y Y
Replacement
17 Appropriate for Water System Improvements Y Y Y Y Y
18 Appropriate for Wastewater System Improvements Y Y Y Y Y
19 Appropriate for School Capital and Equipment Y Y Y Y Y
Appropriate for Public Facilities Capital Projects
20
a. Selectmen Meeting Room High Definition
Y Y Y Y Y
Broadcasting Upgrade
b. Public Facilities Bid Documents
Y Y Y Y Y
c. Facility and Site Improvements
Y Y Y Y Y
i. Building Flooring
Y Y Y Y Y
Program
i. School Paving Program
Y Y Y Y Y
d. Public Service Building Vehicle Storage
Y Y Y Y Y
Area-Floor Drainage System
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ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai
e. Municipal Building Envelopes and
Y Y Y Y Y
Systems
f. Community Center Expansion-Design
Y W R Y W
g. School Building Envelopes System
Y Y Y Y Y
h. LHS Security Upgrade
Y Y Y Y Y
i. Public Facilities Mechanical/Electrical
Y Y Y Y Y
System Replacements
Appropriate to Reimburse Resident for Sewer
21 N N N N N
Backup (Citizen Article)
22 Visitors Center Funding Y N Y Y Y
23 IP - Visitors Center Funding (Citizen Article) IP IP IP IP IP
Appropriate to Post Employment Insurance
24 R Y Y Y Y
Liability Fund
25 Rescind Prior Borrowing Authorizations Y Y Y Y Y
Establish, Dissolve and Appropriate to and from
26 Y Y Y Y Y
Specified Stabilization Funds
27 IP - Appropriate to Stabilization Fund IP IP IP IP IP
28 Appropriate from Debt Service Stabilization Fund Y Y Y Y Y
29 Appropriate for Prior Years’ Unpaid Bills W W W W W
Amend FY2018 Operating, Enterprise, and CPA
30 W W W W W
Budgets
31 Appropriate for Authorized Capital Improvements W W W W W
ARTICLE GENERAL ARTICLES Barry Pato Ciccolo Lucente Hai
Amend General Bylaw-Regarding Financial
32 Y Y Y Y Y
Committees (Citizen Article)
Amend Town Bylaw-Ban Plastic Bags (Citizen
33 Y Y Y Y Y
Article)
Amend General Bylaw-Make Lexington a
34 R W W W W
“Welcoming, Inclusive, Safe Community”
(Citizen Article)
IP - Resolution to Request Warrant Articles to be
35 IP IP IP IP IP
Accompanied by Financial Projections (Citizen
Article)
Amend General Bylaws to Repeal Prohibition of
36 N N N N N
Recreational Marijuana Establishments in Town
(Citizen Article
R Y Y Y Y
37 Accept MGL Chapter 59, clause 5c ½
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ARTICLE ZONING/LAND USE ARTICLES Barry Pato Ciccolo Lucente Hai
Amend Zoning Bylaw and Map in Commercial
38 Y Y Y Y Y
District/Marrett Road (Citizen Article)
Amend General Bylaw: Turning Mill
39 Y Y Y Y Y
Neighborhood Conservation District
Amend General Bylaw: Pierce-Lockwood
40 Y Y Y Y Y
Neighborhood Conservation District
41 Wright Farm Parcel Split (241 Grove Street) Y Y Y Y Y
Amend Zoning Bylaw for Special Permit (Citizen
42 W W W W W
Article)
43 Amend Chapter 135 Zoning Bylaw (Citizen Article) N N N N N
Amend the General Bylaws-Demolition Delay Y Y Y Y Y
44
Amendments
Amend Chapter 447 of the Acts of 1956 W W W W W
45