HomeMy WebLinkAbout2018-05-21 BOS-min
May 21, 2018
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Selectmen’s Meeting
May 21, 2018
A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday,
May 21, 2018 in the Selectmen’s Meeting Room of the Town Office Building. Ms. Barry, Chair;
Mr. Pato; Ms. Ciccolo; Mr. Lucente; and Ms. Hai were present as well as Mr. Valente, Town
Manager; and Ms. Katzenback, Executive Clerk.
Public Comment
Neil Ruocco, 54 Webb Street, expressed concern regarding an area behind Webb and Dunham
Streets and the proposed plan to extend Dunham Street over the wetlands. Mr. Ruocco asked
that the Town be proactive in monitoring and enforce the laws regarding wetlands.
Blair Ruocco, 54 Webb Street, handed the Selectmen a copy of a previous lawsuit and
Minuteman Newspaper article related to the wetlands behind Webb and Dunham Streets.
Selectmen Concerns
Ms. Barry asked for a moment of silence in observance for all those affected by the shooting at
the high school in Santa Fe, Texas.
Town Manager Report
Mr. Valente reported that the demolition work is starting at 20 Pelham Road and a ground
breaking is targeted for fall of 2018 for the Lexington Children’s Place.
Grant of Location for National Grid Main Extension on Sanderson Rd
Mr. Michael Gerling, National Grid Representative, read the petition requesting a gas main
extension on Sanderson Road.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the petition
submitted by National Grid to install and maintain 62 feet more or less of 2 inch gas main in
Sanderson Rd., Lexington from the existing 2 inch gas main at house #28, northwesterly to house
#29 for a new gas service.
Update - Greenways Corridor Committee
Mr. Ohmart, Chair Greenways Corridor Committee, updated the Board regarding the Greenways
Corridor accomplishments to date and look ahead at future plans.
Ms. McKenna, Tourism Committee Chair, thanked the Greenways Corridor Committee and the
Bicycle Advisory Committee for all their work.
Getting to Net Zero Update
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Ms. Barry explained this update will be deferred to a future meeting as Mr. Sandeen, Sustainable
Lexington Committee Chair, was unable to attend this evening’s meeting.
Draft Charge for Special Permit Residential Development Committee - Article 42
Ms. Hai explained the Special Permit Residential Development (SPRD) Zoning Bylaw
Amendment Ad hoc Committee is being created as a result of the 2018 Annual Town Meeting
citizen’s article 42 – Amend Zoning Bylaw for Special Permits having been referred back to the
Board of Selectmen. Ms. Hai presented a draft charge for this committee and comments from
the Planning Board have been incorporated. She said the proposed committee goal is to
articulate a statement of values regarding housing development and to provide stakeholder input
and appropriate housing data so that a draft zoning bylaw amendment and warrant article to
either revise or replace Section 135-6.9 of the Zoning Bylaw, Special Permit Residential
Development, to provide for the creation of more affordable and diverse residential dwelling
units.
Mr. Canale, Planning Board Member, expressed the importance of selecting committee members
as soon as possible, scheduling the public outreach and hiring of a consultant.
Ms. Hai reviewed the draft charge and General Board discussion ensued.
Ms. McKenna, Precinct 6 Town Meeting Member, thanked Ms. Hai and Mr. Canale for the work
done to date towards the development of this committee.
Mr. Pressman, 22 Locust Avenue, expressed concern of attaining a consensus input from the
development community.
Ms. Hai stated that additional work will be done on this draft charge and it will be brought back
to a future meeting for Board review and approval.
Lexington Employees Academy
Mr. Hudson, Management Fellow, reviewed plans for a Lexington Employees Academy (LEA),
modeled after the very successful Lexington Citizen's Academy. In the trial year, the LEA will
be limited to 10-15 employees.
Mr. Hudson requested that representatives from the Board of Selectmen participate in the first
and last session of this program scheduled for September 13, 2018 and June 11, 2019.
Non-Tax Levy Fundraising for the Visitors Center
Ms. McKenna, Tourism Committee Chair, stated the Staff and Tourism Committee put forth the
following requests for approval regarding fundraising for the Visitors Center to the Board of
Selectmen: 1) tax bill insert, 2) an online donation process, 3) direct donation requests by
Tourism Committee and 4) consideration of crowdfunding.
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Mr. Pato expressed concern about having a town committee solicit funds directly. He expressed
a preference for the creation of an independent non-profit or 501c3 organization that would
solicit funds and donate to the town.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request
for donations to the Visitors Center project in the form of a donation envelope that may be inserted
in the 1st quarter FY2019 tax bill, with the amount collected to be dedicated to the Visitors Center
Capital Stabilization Fund as provided by paragraph 4(B) of MGL Chapter 40 approved at the
2018 Annual Town Meeting.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize town staff
to accept Visitor donations online effective July 1, 2018 through the tourism website
(www.tourlexington.us) and on other Town webpages as authorized by the Town Manager, with
the amount collected to be dedicated to the Visitors Center Capital Stabilization Fund as provided
by paragraph 4(B) of MGL Chapter 40 approved at the 2018 Annual Town Meeting.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0, 1 abstention (Mr. Pato)
to authorize the Tourism Committee member(s) to make direct donation requests on behalf of the
Town with the amount collected to be dedicated to the Visitors Center Capital Stabilization Fund
as provided by paragraph 4(B) of MGL Chapter 40 approved at the 2018 Annual Town Meeting;
and further, that the Board of Selectmen delegate to the Town Manager the authority to review the
names of individuals, businesses and organizations to approach for potential funding to ensure that
there would be no permitting or regulating conflicts due to such a request.
The Board stated additional information would be required regarding the Tourism Committee’s
request to use crowdfunding and did not take action on the request.
Relocation of Easement - Camelia Place
Mr. Valente explained that a relocation of the Camelia Place easement is necessary as a part of the
construction of the new Headquarters Fire Station. At the request of the Board, an abutters meeting
was held to provide information and receive comments on this proposed changed. Two abutters
attended and provided comments, largely related to matters outside of this easement but which will
be addressed by the Facilities Department as part of the project work.
Mr. Tremblay, Tremblay Real Estate Trust, expressed concern about the potential loss of
visibility of the building located at the end of Camelia Place as well as concern of parking in the
right of way. Mr. Tremblay asked to be able to have a discussion at a future date regarding the
possibility of formalizing an agreement with the Town regarding the signage at the corner of
Bedford Street and Camelia Place to be used by the businesses at the end of Camelia Place.
The following record vote of the Board of Selectmen was taken:
WHEREAS, the Town of Lexington (the “Town”) is the owner of that certain parcel of land (the
“Town Parcel”) shown as Lot B on a plan entitled “Plan of Land in Lexington, Mass.,” dated
May 23, 1944, recorded with the Middlesex South Registry of Deeds (the “Registry”) as Plan
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272 of 1944 (the “Plan”), pursuant to that certain deed recorded with the Registry at Book 6778,
589 (the “Deed”);
WHEREAS, also pursuant to said Deed, the Town Parcel is subject to the rights of owners of
certain parcels abutting the Town Land to a right of way to Bedford Street, over a passageway
fifteen feet wide under which a sewer has been laid, shown on the Plan as “Camelia Place,” for
all purposes for which streets are or may be commonly used in the Town of Lexington (the
“Easement”);
WHEREAS, said Deed, which establishes the Easement, does not expressly prohibit the
relocation of the Easement as shown on the Plan; and
WHEREAS, the Town desires to relocate said Easement in order to facilitate certain renovations
to the Town’s fire station located on the Town Parcel, in a manner that will not significantly
lessen the utility of the Easement, increase burdens on the dominant estate holders’ use and
enjoyment of the Easement, or frustrate the purposes for which the Easement was created.
NOW THEREFORE, at a duly called public meeting of the Board of Selectmen on May 21,
2018, the Board voted 5-0 to relocate the Easement, at the Town’s sole cost and expense, from
the location as shown as “Camelia Place” on the Plan, to the location as shown as “Proposed
Location of Camelia Place” (the “New Easement Area”) on that certain plan entitled “Town of
Lexington Camelia Place Alignment Lexington Fire Station” dated February 2018, prepared by
Fuss & O’Neill
The relocation of said Easement shall be effective upon the completion of the construction of the
right of way in the New Easement Area.
Review Updated Battle Green BOS Regulations
Mr. Pato provided an overview of the following recommended amendments to be made to the
Board of Selectmen Battle Green Regulations:
Under section 2 – Permit required activities: The words “of ceremonial nature” to be stricken
from item b.iv for it to now read: Structures and/or signs in connection with special events
and limited in duration to the period required for such events.
Under section 3 – Impermissible Activities: remove item h. Begging and add the following
items: g. Powerless flight activities and h. Operation of or overflight by drone aircraft unless
authorized by \[municipal staff\].
Under section 7 – Patriots’ Day – update dates in paragraph “that no activity or event
otherwise requiring a permit shall be scheduled to take place at, nor shall any other permit be
issued for use of, the Battle Green” to now read: from April 1 through April 30 of each year.
The Board referred the proposed amendments for Town Counsel review.
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Approve Charge for Ad Hoc Stone Building Stakeholder Committee
Mr. Lucente reviewed the proposed charge for the Ad Hoc Stone Building Feasibility/Re-Use
Committee. Mr. Lucente explained it is the goal is to preserve the Stone Building for reuse by
researching the feasibility of alternative uses for the building, thereby supporting future Town
investment to implement the preservation recommendations of the 2009 Historic Structures
Report. As indicated in the charge, the Ad Hoc Committee will provide a report to Board of
Selectmen on the feasibility of the proposed use no later than November, 2018.
General Board discussion ensued. The Board agreed the meeting times should reference a
minimum of three meeting and the length of term to state “upon completion and presentation to
the Board of Selectmen in accordance with the established deliverables schedule as outlined
below”.
Ms. McKenna, Tourism Committee Chair, suggested the charge to include a member of the
Tourism Committee. The Board agreed to add the phrase “an interest in tourism and economic
development” as one of the possible background/experience criteria a member might have.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve charge for
the Ad Hoc Stone Building Feasibility/Re-Use Committee as amended.
A brief recess was taken at 9:07 p.m. and the meeting was called back to order at 9:12 p.m.
Review and Discuss Proposed Lexington School Master Planning Advisory Committee
The Board reviewed and discussed the School Committee’s charge for the proposed School
Master Planning Advisory Committee. As defined in this charge, the School Committee has
requested one member of the Board of Selectmen to serve on this proposed committee.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Mr. Pato as
the Board’s representative on the School Master Planning Advisory Committee.
Approve FY2019 Cost-of-Living Adjustment for Non-Represented Employees
The Town Manager and HR Director are recommending a two percent cost-of-living adjustment
for non-represented employees for fiscal year 2019. This amount is consistent with settled
collective bargaining agreements and the Board's overall guidance for settlements for FY2019.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a two
percent cost-of-living adjustment for non-represented employees for fiscal year 2019, effective
July 1, 2019.
Town Manager Search Update
Amend the Composition of Town Manager Screening Committee
Ms. Barry explained the Town Moderator is unable to serve on the Town Manager Search
Screening Committee and the Board needs to amend the membership of the committee to reflect
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that. It is proposed that the Board amend the membership of the Town Manager Screening
Committee by removing the reference to the Town Moderator and including a member of the
Diversity Advisory Task Force. The membership of the committee would stand at 11 members
with 2 liaisons.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to amend the
membership of the Town Manager Screening Committee by removing the Town Moderator and
adding a member of the Diversity Advisory Task Force.
Town Manager Executive Search Request for Qualification Amendments
Ms. Barry explained the Town Manager has received a few questions regarding the Town
Manager Executive Search Request for Qualification (RFQ) that will require a written
clarification to firms that may submit proposals for this work. Given that there are no further
Selectmen's meetings prior to proposals being due, it is suggested that the Town Manager, with
the approval of the Chair, be authorized to provide an addendum to the RFQ.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the Town
Manager, with the approval of the Chair, to prepare and distribute an addendum to the Town
Manager Executive Search Request for Qualification.
Battle Green Requests
Flag Day Ceremony
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
Lexington Lodge of Elks' request to use the Battle Green for the purpose of the annual Flag Day
Ceremony to be held on Thursday, June 14, 2018 at 5:30 p.m.
Rally for Gun Violence Prevention
The requestor formally withdrew application on May 18, 2018.
Town Manager's Re-appointments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town
Manager's re-appointments of Wendy Heiger-Bernays to the Board of Health; and Alessandro
Alessandrini to the Community Center Program Advisory Committee for a 3 year term to expire
May 30, 2020.
Selectmen - Committee Appointments/Re-appointments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint David
Tabeling to the Lexington Center Committee to the 3 year term to expire September 30, 2020.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to re-appoint Martha
C. Wood to the Lexington Housing Assistance Board for a three year term ending May 31, 2021.
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Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to re-appoint Robert E.
Phelan and William C. Hays to the Lexington Housing Assistance Board. Both reappointments
are for a three year term ending May 31, 2021, contingent upon completion of ethics training.
Consent Agenda
Approve and Sign Proclamation Immigrant Heritage Month
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a
proclamation recognizing the month of June as Immigrant Heritage Month. The fifth-annual
Immigrant Heritage Month (IHM) celebrates our country's immigrant heritage and acknowledges
the stories of individuals, families and communities who have contributed to the unique fabric of
our country.
Approve and Sign Eagle Congratulation Letters
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve to send a
letters of commendation congratulating Russell Laman, Ido Diamant, and Andrew Thompson for
attaining the highest rank of Eagle in Boy Scouting.
Approve One-Day Liquor Licenses
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve two one
day Liquor License for Spectacle Management to serve beer and wine at the Cary Memorial
Hall, 1605 Massachusetts Avenue for the following shows: Gordon Lightfoot, Thursday, June
21, 2018 from 7:00 p.m. to 10:00 p.m. and Tower of Power, Thursday, June 28, 2018 from 7:00
p.m. to 10:00 p.m.
Approve Minutes
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve to approve
the minutes of March 7, 2018; March 12, 2018; March 19, 2018; March 26, 2018; March 28,
2018; April 02, 2018; April 04, 2018; April 09, 2018; April 11, 2018; April 23, 2018 and April
25, 2018 and further to approve but not release the executive minutes of March 19, 2018 and
April 09, 2018.
Documents Presented
February 3, 1999 Lexington Conservation Commission v Kavlakian Family Trust
Complaint
Copies of Minuteman Articles regarding 56 Webb Street
Executive Session
Upon motion duly made and by roll call, the Board of Selectmen voted 5-0 to approve that the
Board go into Executive Session under Exemption 6 to consider the purchase, exchange, lease or
value of real property, a portion of the parking lot at 33 Marrett Road, and to reconvene in Open
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Session only to adjourn. Further, it was declared that an open meeting may have a detrimental
effect on the negotiating position of the Town.
Ms. Barry recused herself as her husband is employee of the Town. Ms. Ciccolo presided.
Upon motion duly made and by roll call, the Board of Selectmen voted 4-0 to approve to go into
Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining
related to the Public Works Union 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.
Upon motion duly made and by roll call, the Board of Selectmen voted 4-0 to approve to go into
Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining
related to the Library Union 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.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 10:35 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk