HomeMy WebLinkAbout2018-09-05 BOS Packet - Released
EMPLOYMENT AGREEMENT BETWEEN
TOWN OF LEXINGTON & JAMES J. MALLOY
This Agreement (the “Agreement”) is entered into effective ________, 2018, between the
Town of Lexington, a municipal corporation of the Commonwealth of Massachusetts (the “Town”),
acting through its Board of Selectmen (the “Board”), and James J. Malloy (“Mr. Malloy”).
WHEREAS, the Town desires to employ Mr. Malloy as provided by Chapter 753 of the
Acts of 1968, as amended (the “Town Manager Act”), and G.L. c. 41, § 108N; and
WHEREAS, the Board desires to provide certain benefits, establish certain conditions of
employment, and set working conditions for Mr. Malloy’s employment as Town Manager; and
WHEREAS, the Board desires to (1) secure and retain the services of Mr. Malloyas Town
Manager beginning on October 1, 2018, and to provide inducement for him to remain in such
employment; (2) make possible full work productivity by Mr. Malloy; and (3) provide a just means
for terminating Mr. Malloy’s services at such time as he maybe unable to fully discharge his duties
due to disability or when the Town may desire to otherwise terminate his employment; and
WHEREAS, the Town and Mr. Malloy now desire to enter into this Agreement as set forth
herein.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as follows:
Section 1 –Duties
A.The Town agrees to employ Mr. Malloy as a full time Town Manager of the Town
beginning October 1, 2018 (the “Starting Date”), to perform the functions and duties specified in the
Town Manager Act, the Massachusetts General Laws, and any other federal, state, and local laws
applicable to the position of Town Manager, and to perform such other legally permissible and
proper duties and functions as the Town shall from time to time assign. It is understood and agreed
that Mr. Malloy shall adhere to the International City/County Management Association (“ICMA”)
Code of Ethics.
B.Prior to December 1, 2018, and prior to the beginning of each subsequent fiscal year
following the execution of this Agreement, the Board and Mr. Malloy will mutually establish goals
for the ensuing year, and at least once each year, the Board will evaluate Mr. Malloy’s performance
in relation to those goals and his general performance of duty.
Section 2 –Term
A.Subject to the provisions of Section 3 of this Agreementand the Town Manager Act,
the Town agrees to employ Mr. Malloy and Mr. Malloyagrees to remain in the employ of the Town
for the period of three years from the Starting Date(the “Term”), unless this Agreement is extended
or terminated as provided below.
B.The Term shall automatically renew on the same terms and conditions in this
Agreement for successive periods of three-yearseach, unless either the Town or Mr. Malloy gives
the other party written notice of the election not to renew the Agreement at least 180 days prior to
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the expiration of the original Term or any three-year extension thereof. The Term and the
Extension Term(s) are collectively referred to as the Term.
C.Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Board to terminate the services of Mr. Malloy for Cause in accordance with Section 3 of this
Agreement and Section 7 of the Town Manager Act.
Section 3 –Removal, Resignation and Severance Pay
A.Termination by the Town for Cause.TheTown may, by vote of the Board,
terminate this Agreement at any time pursuant to the procedures in Section 7 of the Town Manager
Act. For purpose of this Agreement, the Town shall have “Cause” to terminate this Agreement if
any of the following have occurred: (1) gross misconduct by Mr. Malloy; (2) insubordination by
Mr. Malloy; (3) any material breach of this Agreement by Mr. Malloy; (4) indictment of Mr. Malloy
for a felony or for a violation of G.L. c. 268A; (5) conviction of, plea of guilty by, or admission of
sufficient facts to enter a finding of guilt by Mr. Malloy for any criminal offense. In the event that
the Town terminates this Agreement for Cause, all compensation and benefits provided to Mr.
Malloy by the Town pursuant to this Agreement or otherwise shall cease as of the date of
termination, except that Mr. Malloy shall receive any salary earned but unpaid through the date of
termination, including any accrued but unused vacation time, and he shall continue to receive his
monthly salary for the period of time required under the Town Manager Act (the “Termination
Benefit”). The payment of the Termination Benefit, less the usual deductions and withholdings,
shall be made in accordance with the Town’s usual payroll practices.
B.Termination by the Town for Other than Cause. The Town may, by vote of the
Board, terminate this Agreement at any time for other than Cause pursuant to the procedures in
Section 7 of the Town Manager Act, provided that prior to instituting such procedures the Town
shall offer Mr. Malloy the opportunity to resign in lieu of such termination for other than Cause, in
which case Mr. Malloy shall receive the Separation Benefit provided under Section 3(C) of this
Agreement. In the event that the Town terminates this Agreement for other than Cause, all
compensation and benefits provided to Mr. Malloy by the Town pursuant to this Agreement or
otherwise shall cease as of the date of termination, except that Mr. Malloy shall receive payment for
any salary earned but unpaid through the date of termination, including any accrued but unused
vacation time. Further, Mr. Malloy shall continue to receive his monthly salary and benefits, but
expressly excluding the accrual of vacation time, for a period of one month after the date of
termination (the “Severance Benefit”). The payment of the Severance Benefit, less the usual
deductions and withholdings, shall be made in accordance with the Town’s usual payroll practices.
In addition, provided that Mr. Malloy first executes a comprehensive release in the form, and of a
scope, acceptable to the Town, the Town shall continue the Severance Benefit for an additional five
months, for a total of six months’ salary and benefits continuation from the date of termination.
C. Resignation by Mr. Malloy for Good Reason. Mr. Malloy may resign his
employment under this Agreement at any time for Good Reason by submitting 60 days’ written
notice to the Board, provided that the Board may, in its sole discretion, allow a lesser amount of
time of notice. During the notice period, Mr. Malloy may not take any vacation leave unless
expressly permitted by the Board in writing. For thepurposes of this Agreement, Mr. Malloy shall
have “Good Reason” to resign if any of the following have occurred: (1) the Town materially
reduces the salary or other financial benefits of Mr. Malloy; (2) the Town eliminates the position of
Town Manager; (3) the Town refuses, within twenty business days following written notice, to
comply with any other material provision of this Agreement benefitting Mr. Malloy; or (4) Mr.
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Malloy resigns pursuant to a written request from the Board to do so. In the event that Mr. Malloy
resigns for Good Reason, all compensation and benefits provided to Mr. Malloy by the Town
pursuant to this Agreement or otherwise shall cease as of the effective date of resignation, except
that Mr. Malloy shall receive payment for any accrued but unused vacation time. In addition,
provided that Mr. Malloy first executes a comprehensive release in the form, and of a scope,
acceptable to the Town, the Town shall continue to provide Mr. Malloy his monthly salary and
benefits, but expressly excluding the accrual of vacation time, for a period of six months after the
effective date of resignation (the “Separation Benefit”). The payment of the Separation Benefit,
less the usual deductions and withholdings, shall be made in accordance with the Town’s usual
payroll practices.
D.Resignation by Mr. Malloy for Other than Good Reason. Mr. Malloy may resign his
employment under this Agreement at any time by submitting 60 days’ written notice to the Board,
provided that the Board in its sole discretionmay allow a lesser amount of time of notice. During
the notice period, Mr. Malloy may not take any vacation leave unless expressly permitted by the
Board in writing. In the event that Mr. Malloy resigns for other than Good Reason, all
compensation and benefits provided to Mr. Malloy by the Town pursuant to this Agreement or
otherwise shall cease as of the effective date of resignation, except that Mr. Malloy shall receive
payment for any salary earned but unpaid through the effective date of resignation,including any
accrued but unused vacation time.
E. It is expressly understood that a termination of this Agreement by reason of the
expiration of the Term and non-renewal of this Agreement, as described in, and subject to the notice
requirements in, Section 2(B), shall not be deemed to be a termination by the Town or Mr. Malloy
within the meaning of this Section 3.
Section 4 –Compensation and other Benefits
A.The Town agrees to pay Mr. Malloy for services tendered under this Agreement, as
follows:
For the period between the Starting Date and September 30, 2019: Mr. Malloy’s
base salary shall be $205,000;
For the period between October 1, 2019 and September 30, 2020: Mr. Malloy’s
base salary shall be equal to the base salary he was receiving at the end of the
prior year of the Term, plus the same percentage increase that is received by non-
union employees of the Town for Fiscal Year 2020;
For the period between October 1, 2020 and September 30, 2021: Mr. Malloy’s
base salary shall be equal to the base salary he was receiving at the end of the
prior year of the Term, plus the same percentage increase that is received by non-
union employees of the Town for Fiscal Year 2021.
Mr. Malloy’s salary shall be payable in installments at the same time as otherTown employees are
paidand subject to applicable withholding and deductions. In addition, the Town agrees to annually
review Mr. Malloy’s base salary and other benefits and to adjust such salary and benefits in such
amounts and to such an extent as the Board may determine, based on Mr. Malloy’s performance in
office.
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B.In each year of the term, The Town shall make a payment of $15,000 to Mr.
Malloy’s account in the deferred compensation plan offered by the Town and selected by Mr.
Malloy (the “Deferred Compensation Account”). Mr. Malloy shall notify the appropriate Town
official in writing of the Deferred Compensation Account in which the payments are to be made.
For the purposes of this section, a Deferred Compensation Account shall be deemed to include a
457, 401(a) and Retirement Health Savings Account under United States Treasury Regulation
301.7701-1(a)(3).
C.In addition to the foregoing, during the Term, Mr. Malloywill be entitled to the same
benefits as other full-time, non-union employees of the Town including, without limitation, any
such benefit adopted, amended or modified by the Town during the Term. Such benefits shall
include, without limitation, health, dental, life disability insurance, sick leave, and retirement
benefits.
D.During the Term, the Town shall provide Mr. Malloy with paid vacation time of five
weeksper year on an annualized basis. Vacation time of three or more consecutive working days
shall be scheduled by Mr. Malloy subject to the approval of the Board. Mr. Malloy may carry over
a maximum of tendays of accrued but unused vacation time from one calendar year to the next.
Further, Mr. Malloy shall be eligible to participate in a vacation buyback program allowing him to
buy back up to 12 days annually. Such participation in the vacation buyback program shall be
subject to the terms and conditions of that program and provided further that it is expressly
understood that the Town, in its sole discretion, may modify or terminate any such vacation
buyback program at any time.
E.Except as otherwise stated herein, all other personnel bylaws and policies of the
Town relating to employee fringe benefits and working conditions as they now exist or are
hereinafter amended will also apply to Mr. Malloy.
F. Mr. Malloyunderstands and agrees that all compensation and benefits provided
under this Agreement are subject to appropriation from year to year by the Lexington Town
Meeting, and Mr. Malloy shall have no rights hereunder in the absence of such appropriation.
Section 5 –Hours, Equipment, Professional Development and Other Conditions of Work
A.Mr. Malloy agrees to devote the amount of time and energy during the Town’s
normal business hours which is reasonably necessary to faithfully perform the duties of his position
as Town Manager of the Town, and it is understood that Mr. Malloy also shall attend meetings of
the Board, Town Meeting, and other designated Town boards and committees as required or
necessitated for the proper performance of his duties and functions, subject to the other provisions
of this Agreement. It is agreed that Mr. Malloy shall devote substantial time outside of the Town’s
normal business hours to performing his duties, and to this end, Mr. Malloy shall be permitted to
adjust his work schedule as he shall deem appropriate during said normal business hours, provided
that the business of the Town is not adversely affected by any such adjustment in Mr. Malloy’s
work schedule. If Mr. Malloy will be absent from work for a full day for any reason exclusive of
the vacation provision of Section 4(D) of this Agreement, he shall provide advance notification to
the Board, if possible.
B.During the Term, Mr. Malloy shall not hold any public elective office and shall not
engage in any other business activity. Notwithstanding the foregoing, Mr. Malloy may, on a part-
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time basis, perform consulting or teaching duties directly related to the profession of municipal
management, provided that Mr. Malloy obtains the consent of the Board prior to engaging in any
such part-time consulting or teaching duties and provided that such part-time consulting or teaching
duties do not constitute a conflict of interest under the terms of G.L. c. 268A.
C.During the Term, the Town shall provide Mr. Malloy, at his option, witheither: (i)
an automobile for use in the performance of his official duties for the Town and, upon submission
of reasonable and customary supporting documentation from Mr. Malloy, reimbursement for
reasonable expenses for gasoline, tolls, parking and maintenance (Mr. Malloy understands that the
Town may be required to report the value of his personal use of the automobile to him asincome for
tax purposes); or (ii) an automobile allowance of $4,000 per year, payable in substantially equal
monthly installments (this automobile allowance shall be in lieu of the normal reimbursement the
Town allows for the use of a personal automobile for Town business). Mr. Malloy agrees to
maintain insurance coverage, at his own expense, for the automobile he uses in the performance of
his official duties for the Town in the following minimum amounts: Bodily Injury -$100,000per
occurrence and $300,000in the aggregate; and Property Damage -$25,000. If Mr. Malloy is
assigned a Town vehicle, he shall also be allowed to use it for commuting to and from work, which
shall include limited incidental personal use (e.g., miscellaneous errands made on the way to and
from work; personal appointments during the work day). The use of the Town vehicle is not
allowed for otherpersonaluse.
D.The Board hereby agrees to request in its budget reasonable funds that Mr. Malloy
can use at his discretion for legitimate business expenses including, but not limited to, the ICMA
Annual Conference, out-of-state travel for Town business, professional development, educational
expenses, professional and civic association dues, attendance at civic events attended in the
performance of his official duties as Town Manager, official meetings and customary office
expenses.Mr. Malloy shall submit reasonable and customary supporting documentation for any
and all such legitimate business expenses.All out-of-state travel shall require prior authorization
from the Chairmanof the Board of Selectmen, or the Chairman's designee.
Section 6 -Indemnification
The Town shall indemnify Mr. Malloy up to the amount of $2,000,000 (inclusive of any
indemnification required by G.L. c. 258, § 13) for acts performed by him in good faith and within
the scope of his employment with the Town, including reimbursement forany reasonable attorneys’
fees and costs incurred by him in connection with such claims or suits involving Mr. Malloy in his
professional capacity as Town Manager for the Town. Said indemnification shall include alleged
civil rights violations. The indemnification shall apply to Mr. Malloy after he leaves employment
of the Town. The Town shall not defend, save harmless or indemnify Mr. Malloy for any criminal
act or for any intentional violation of civil rights of any person. This paragraph shall survive the
termination of this Agreement or the repeal of G.L. c. 258, § 13.
Section 7 –Bonding
Mr. Malloy shall execute a bond in favor of the Town for the faithful performance of his duties in
such sum and with such sureties as may be fixed or approved by the Board, the cost for which shall
be borne by the Town.
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Section 8 –General Provisions
A.This Agreement shall constitute the entire agreement between the parties.
B.This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Mr. Malloy.
C.If any provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall be deemed severable, shall not beaffected and shall remain in full force and
effect.
D. This Agreement shall be governed by and construed in accordance with the laws of
the Commonwealth of Massachusetts.
E. This Agreement may be modified only by written agreement between Mr. Malloy
and the Board. No act or omission of any employee or agent of the Town shall alter, change or
modify any of the provisions of this Agreement.
F. For purposes of the Fair Labor Standards Act, Mr. Malloy shall be deemed an
exempt employee.
G. Notices pursuant to this Agreement shall be given in writing by first class mail,
postage prepaid, to:
TOWNChairmanof the Board of Selectmen
nd
Lexington Town Office Building, 2Floor
1625 Massachusetts Avenue
Lexington, MA 02420
MR. MALLOYTo Mr. Malloy’s last known residential address on file with
the Town’s Human Resources Department.
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IN WITNESS WHEREOF, the Board of Selectmen of the Town of Lexington and Mr. Malloy have
signed and executed this Agreement, as of the dates written below, in two counterparts, one of
which shall be retained by Mr. Malloy, and one of which shall be retained by the Town’s Human
Resources Department.
________________________________Date___________________
James J. Malloy
Board of Selectmen,Town of Lexington
________________________________Date____________________
Suzanne E. Barry, Chairman
________________________________Date_____________________
Michelle L. Ciccolo, Vice-Chairman
________________________________Date_____________________
Joseph N. Pato
________________________________Date_____________________
Douglas M. Lucente
________________________________Date_____________________
Jill I. Hai
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Conditions on Liquor License for Inn at Hastings Park
Definitions
1.Alcohol Service: Theplacing of an order for an alcoholic beverage.
2.Alcohol Consumption: The drinking of an alcoholic beverage.
3.Inn Guest: An individual registered to stayovernight at the 22 guest rooms/suites.
4.Patron: Any customer of the Inn at Hastings Park who is not an Inn Guest.
Conditions
1.The Inn will comply with all of the requirements of the Board of Selectmen’s Regulation-Alcoholic
Beverage License Regulations Applicable to Restaurants, as amended, unless otherwise stated on this
license.
2.Alcohol service and consumption shall be limited to the areas as shown on the plans submitted by the Inn with
its licenseapplication:
Restaurant/diningroom;
22 guest rooms/suites (see condition4);
Three sitting rooms in the mainInn;
Front covered porch and adjacentpatio.
3.The Inn’s restaurant menu food/meal service capacity shall be limited to 54 simultaneous covers at any one
time. Food shall be available to guests and patrons in all areas where alcohol may beserved.
4.Alcohol service and consumption by Inn guests is allowed in the 22 guest rooms/suites. Open alcohol
beverages must be transported from the service bar area to the Mulliken House or the Barn only by Inn staff.
Guests may transport their own open alcoholic beverages from the service bar area to the guestrooms/suites
located in the main Inn.
5.Alcohol service and consumption on the adjacent patio will be limited to overnight guests of theInn.
6.Alcohol/restaurant menu food/meal service capacity of the covered porch is limited to12.
7.Alcohol service and consumption is allowed within the following hours to the extent permitted by statelaw:
Restaurant/dining room and three sitting rooms: As stated on this license. In addition, the Inn may
serve alcoholic beverages past midnight on New Year’s Eve until 1 a.m. on January 1, subject to a
written request submitted prior to December 31 and the prior approval in writing from the Town
Manager;
Main Inn front covered porch and adjacent patio 11 a.m. to 9 p.m.;and
22 guest rooms/suites: As stated on thislicense.
September 5, 2018
September 5, 2018
Electric Procurement
Renewable Energy Options
Town of Lexington
2
)
Renewable Energy Credits
(estimate
$120/year
$25 per REC
-
1 per REC
1% of Lex load =
approximately $
RECs purchased
9/5/18
-Class 1
MA
MA Class 1 RECs included in all MA electricity (2019)National Wind RECs purchased (balance for 2019)
-
--
5%
MA Class 1 RECs: 1% of Lex load = $3,000/year (estimate)National Wind RECs: 14% 81%
•••••
Renewable Energy Credits (RECs) = 1 MWh (Lexington total supply load = 12,000 MWh)MA Class 1 RECs cost approximately $15 National Wind RECs cost Electric Energy bids will include renewable
energy options in 1% increments:14% MA Class 1 RECs are statutory and already included in all Massachusetts electricity base pricesLexington Community Choice Aggregation Program reached
100% renewable energy with the following strategy:
Town of Lexington Board of Selectmen
•••••
3
Renewable Energy Strategies
9/5/18
-
Town of Lexington Board of Selectmen
What renewable strategy to apply to Lexington’s municipal supply?
•
From:Joe Musacchia
To:Morgan Steele
Cc:
Date:Saturday, August 25, 2018 9:07:20 AM
I will no longer be able to continue with my
participation in the Energy Conservation Committee.
I have truly enjoyed and valued my opportunity to participate in this important Lexington
committee. I am confident that the current members will continue to provide a valuable service to
our community.
Thank you for the support of the Board of Selectmen and all of the fine Lexington staff supporting
our committees.
Joe Musacchia
Chair
Lexington Energy Conservation Committee
Member/Terms
13 members, including 3 elected Boards, 3 year term staggered13 Members, 3 Year Term (9 citizens plus Sel, PB, CC and Recreation), Sept. 30, staggered6 Members, 5 Year Term, Sept. 30
staggered, 2 term limit6 Members, 1 Year Term, Sept. 30
Page 1 of 7
ReappointReappointReappointReappointReappointReappointReappointReappointAppoint as Full MemberReappointReappoint
Recommendation
Exp#9/20189/20189/20189/20189/201809/20189/20189/20189/20239/20189/2018
9/20038/20149/20094/2001201511/20179/20129/20182/20189/2015
Service Start
Appointed BySelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmen
Selectmenschool committ
Representing
Peter B.Joseph N.BhumipFernandoKathleen M.Alan A.KevinRobertNorman P.BethNyles N.
2020 Vision CommitteeBicycle Advisory CommitteeBoard of AppealsBoard of Appeals Associates
Committee Name2020 Vision CommitteeLeePatoKhasnabishQuezadaLenihanWrigleyBicycle Advisory CommitteeFalconeDangelBoard of AppealsCohenBoard of Appeals AssociatesMastermanBarnert
Wednesday, September 5, 2018
Committee Members with Terms Expiring - 2018
Member/Terms
11 Members, 3 Year Staggered Term, Sept. 3011 Members, 3 Year Term, Sept. 3011 Members, 3 Year Term, 2-term limit, Sept. 30, staggered9 Members, 1 Year Term, Sept. 30
Page 2 of 7
ReappointAppoint as Associate MemberReappointReappointReappointReappointReappointDo Not ReappointReappointReappointReappointDo Not ReappointReappoint
Recommendation
Exp#9/201809/20209/20189/20189/20189/20189/20189/20189/20189/20189/20189/20189/2018
6/20169/20189/20149/20149/20009/20089/200810/201712/19952/201104/20185/20137/2010
Service Start
Appointed BySelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmen
Representing
HankEdward D.James A.William P.Jerold S.PamelaPamela F.SteveDavid S.SmitaSteveJeanBrigitte
Center CommitteeCommunications Advisory CommitteeCouncil for the ArtsDesign Advisory Committee
Committee NameManzMcCarthyOstenKennedyCenter CommitteeMichelsonLyonsShadleyCommunications Advisory ComIversonBeckerDesaiCouncil for the ArtsPoltorzyckiHartDesign Advisory CommitteeSteines
Wednesday, September 5, 2018
Member/Terms
8 Members, 1 Year Term, Sept. 3011 Members, 3 year term, September 309 members, Sept. 303 Members, 1 Year Term, Sept. 30
Page 3 of 7
ReappointReappointReappointReappointReappointReappointReappointReappointReappointDo not ReappointReappointReappoint
Recommendation
Exp#9/20189/20189/20189/20189/20189/20189/20189/201809/20189/20189/20189/2018
3/20066/20036/20038/20154/20094/20094/2006199808/20188/20091/20026/2016
Service Start
Appointed BySelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmen
Representing
Timothy D.Bahig A.AlenkaCarolineRichardSteven A.BruceJohn W.CharlesJosephDavid J.Hank
Design Advisory Committee AssociatesEconomic Development Advisory ComEnergy Conservation CommitteeFence Viewers
Committee NameLeeKaldasSlezakFitzgeraldFriedsonVincentDesign Advisory Committee AssCreagerFreyEconomic Development AdvisorMinasianEnergy Conservation CommitteMusacchiaFence ViewersBuczkowskiManz
Wednesday, September 5, 2018
Member/Terms
9 members, 3 year staggered, Sept. 303 Year term, 9 Voting Members, 5 Liaisons (Selectmen appoint 14; designated 3 for LexHAB, 9 members including school, police and senior staff, Liaisons
for School and BOS, 3-year 8 Members, 3 Year Term - staggered, Sept. 301-year term
Page 4 of 7
ReappointReappointReappointReappointReappointReappointReappointReappointReappointAppoint
Recommendation
Exp#9/20189/20189/20189/20189/20189/20189/20189/20189/20189/2019
11/201610/20151/201112/200310/20065/20124/20086/2010199709/2018
Service Start
Appointed BySelectmenSelectmenSelectmenSelectmenSelectmenSelectmen/TSelectmen/TSelectmenSelectmenSelectmen
Web-Housing ALex. Housing ASchool Super.
Representing
MalcolmSusanRobert W.PaulMelindaSean D.Fuang-YingGail M.DavidJulie
Greenways Corridor CommitteeHousing Partnership BoardHuman Rights CommitteeHuman Services CommitteeLex. Scholarship & Education Fund Boa
Committee NameGreenways Corridor CommitteeCrawfordKenyonHaussleinHousing Partnership BoardLintonWalkerHuman Rights CommitteeOsborneHuangHuman Services CommitteeFieldsLex. Scholarship
& Education FWilliamsHackett
Wednesday, September 5, 2018
Member/Terms
7 members, 3 year term staggered, 9/30 appt5 Members, 3-year staggered term; Liaisons from BOS, PB BoH, HATS Env. Subc and 7 Members, 3 year staggered, Sept 309 members, one-year term,
Sept. 309 members, one year term, Sept. 30
Page 5 of 7
ReappointAppointReappointReappointDo Not ReappointReappointReappointReappointReappointReappoint
Recommendation
Exp#9/20189/20199/20189/20189/20189/20189/20189/20189/20189/2018
199709/20183/20147/20142/200612/201410/20161/201410/201212/2013
Service Start
Appointed BySelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmen
LEFVets Assoc./TCTourismFreedom's Way
Representing
Thomas O.KarenLinda J.BebeJohn W.MarciaPamelaWillemTrisha PerezMargaret
Monuments and Memorials CommitteNoise Advisory CommitteeSustainable Lexington CommitteeTax Deferral and Exemption Study CoTourism Committee
Committee NameFenn, Jr.OrfMonuments and Memorials CoDixonFallickNoise Advisory CommitteeMaloneySustainable Lexington CommittGensTax Deferral and Exemption StuJoshiTourism CommitteeNijenbergKennealyCo
ppe
Wednesday, September 5, 2018
Member/Terms
9 Members, 1 Year Term, Sept. 307 Members, 3 Year Term, Sept. 307 Members, 3 year term
Page 6 of 7
ReappointReappointReappointReappointReappointReappointReappointReappointReappointReappointReappointDo Not ReappointReappointReappointReappoint
Recommendation
Exp#9/20189/20189/20189/201809/20189/20189/20189/20189/20189/20189/20189/20189/20189/20189/2018
1/201610/20034/201611/200106/20183/200511/199810/201710/201710/201712/201011/20156/20141/20121/2015
Service Start
Appointed BySelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmenSelectmen
Historical SocieCitizenPhotographerEditorEditorEditorEditor
Representing
MarshaBerniceJonathanKerryEricaDawn E.David S.JaniceShaynaVarshaGloria A.Suzanne B.HankSaraNancy
Town Report CommitteeTransportation Advisory CommitteeTree Committee
Committee NameBakerFallickHimmelBrandinDumontMcKennaTown Report CommitteeTabelingLitwinYorkRamanathanAmiraultCatonTransportation Advisory CommitManzArnoldTree CommitteeSofen
Wednesday, September 5, 2018
Member/Terms
3 members, 3-year term staggered
Page 7 of 7
Reappoint
Recommendation
Exp#9/2018
9/2013
Service Start
Appointed BySelectmen
Representing
William
Water and Sewer Abatement Board
Committee NameWater and Sewer Abatement BRibich
Wednesday, September 5, 2018
Selectmen’s Meeting –July 23, 2018
Page 1 of 14
SELECTMEN'S MEETING
Monday,July 23, 2018
A meeting of the Lexington Board of Selectmen was calledbackto order at 7:05 p.m. on
Monday,July 23, 2018 in the Selectmen’s Meeting Room of the Town Office Buildingfollowing
an Executive Session that began at 6:30 p.m. Ms. Barry, Chair; Mr. Pato; Ms. Ciccolo;Mr.
Lucente and Ms. Hai were present as well as Mr. Valente,Town Manager; and Ms. Siebert,
Recording Secretary.
Ms. Barryopenedthe meetingwith the call fora moment of silence in recognition of theJuly 15,
2018death of a Weymouth Police OfficerChesnawho was killed in the line of duty. She, Mr.
Pato, and Ms. Ciccolo have attended three Lexington Police roll calls in solidarity with the force
and in acknowledgement thatloss is felt by all. Ms. Barry said the threeSelectmen spoke with
members of the force, expressing gratitude and urging them to remember to take care of
themselves, along with taking care of the community they serve.
Ms. Barry noted thatthiseveningmarks the final regularly-scheduled Selectmen’smeeting for
Town Manager Carl Valentebefore he retires on August 3, 2018. The Board members
individually thanked Mr. Valente, praising himfor thirteen years of able, calm, wise, patient,
even-keeled, ethical, professional, dedicated stewardship of Lexington as well as acumulative
40-year career in public service. Mr. Valentethanked the Selectmenfor theirsentiments.
Selectmen Concerns and Liaison Reports
Ms. Barryreported that she recentlyattended theDepartment of Housing and Community
Development (DHCD)Wright Farm site visit. Later in tonight’s meeting, the Selectmen will be
asked toapprove a letter from the Town tothe DHCDon the subject of Wright Farm.
Town Manager Report
Mr. Valente reported that Lexington has been awardeda $196,000 Green Communities grant
from the Department of Energy Resources for energy efficiency projects, to be used forlighting
upgradesfor Cary Library and the Clark, Bowman, Bridge, and Lexington High schools. Shawn
Newall, Assistant Director of Facilities,submitted the grant application and will oversee the
projects.
Mr. Valente reported that Lexington’s State Aidis expected to be$71,000 greater than the $16M
anticipated at the time of Annual Town Meeting 2018.
William James College-Interface Mental Health Referral Service
Charlotte Rodgers, Director of Human Services and TanyaSnyder, Interface Clinical Supervisor,
presented information about Interface Referral Service, a program run by the Freedman Center
for Child and Family Development atWilliam James Collegein Newton, MA.The purposeof
Interface Referral Services is to connect individuals and families across the lifespan to
appropriate information, resources, and referrals. The Center also trains students in Psychology:
doctoral candidates, under supervision, work as resource and referral counselors. Communities
Selectmen’s Meeting –July 23, 2018
Page 2 of 14
subscribe to the referral service,which is then free tothecommunity members who call Interface
for assistance. Liaising with adesignatedcommunity contact, Interface builds and maintains a
community-specific referral database of licensed and vetted mental health service providers.
Interface also conducts its own study of available resources to establisha comprehensive list of
care providers. The Interface call center is available Monday through Friday, 9 a.m. to 5 p.m.;
Ms. Snyder clarifiedthat the call center is a “help line” not a “hot line” and said that dialing
911/emergency is the best way to address crisesas they occur.Working with the community
contact, Interface provides twocommunity events per yearwith informationabout the service
and mental health topicsas the primary focus.
Ms. Snyder said that when Interface receives a call from someoneseeking assistance, staff
conductan initial in-take interview to ascertain need; depending on the situation, this call can last
15 minutes to 1 hour. Four pieces of data are collected: what the mental health needsare; what
the geographic areais thatthe client can access; what times areavailable for appointments;andif
the client expectsto useinsurance orpay out of pocket. At the endof the in-take call, staff
provide the caller with a confidential code sopersonalinformation is protected. Onceaclient’s
profileis known, Interface contacts providers to make amatch; providers then contact Interface
if they accept the client and Interface provides the client withat least twoproviders’contact
information.Itis the client’s responsibility to initiate contact with the providerbutInterface
follows up to make sure an appointment has been made and alsocallsseveral timesafterwardto
ensurethe match is satisfactory.
The Interface provider databases areavailable via a Town’s proprietary webpageso those
looking for services need not speak to a staff member,althoughit was noted thatstaff can
facilitate the client/provider match. Interface maintains each town’s database to ensure that
information remains accuratebut the Town maintains the webpage. The William James website
also provides guides, mental health topics pages that include hot line numbers, information about
national organizations, a teen section, and a description of how the Interface service works.
Mr. Lucente asked what training Interface staff receive tounderstand levels of need and whether
people working(not residing)in a member community can also access the service. Ms. Snyder
said staff ask callers about suicidality, substance abuse/use, andgaugegeneral demeanor over the
phone. Staff assess how heightened the crisis level is and respond accordingly. Ms. Snyder said
that only residents of a member community can access services.
Ms. Barry asked what sort of reports Interface provides to a member Town to understand how
often theserviceis used. Ms. Snyder said Interface provides reports twice a year to the
community liaison thatbreak the usage data out by numbers, ages, school attendance, how they
learned about Interface, what mental health issues are reportedwhile maintaining client
confidentiality.Interface has a protocol for how theinformation should be shared to ensure
personal information is not revealed.
Ms. Ciccolo askedwhat the time commitment is for a community liaison to maintain the
relationship with Interface. Ms. Snyder said the community contact could be one or a number of
Town staff but it is often tied the department that funds the subscription. The community liaison
also helps promote the Interface service andupdatesthe community webpage.
Selectmen’s Meeting –July 23, 2018
Page 3 of 14
Ms. Hai asked what Interface does to overcome the general shortage of mental health
professionals. Ms. Snyder said that Interface is not cutting in line or offering resources that do
not exist but, as a college that trains professionals in the field, William James has a corps of
experts to put to the task. Interface is alsoin a position to beaware of new providers andit also
does not charge providers to be included in the database.
Resident Jack Mahoney asked whether services areonlyofferedin Massachusetts and if they are
fee-based. Ms. Snyder said Interface only services Massachusetts and the initialcontractwith the
Townwould be for two years at a total cost of $25,000.
Valerie Overton, 25 Emerson Gardens/Co-Chair of LexPride, said she is enthusiastically in favor
of subscribing to Interface, calling it an excellent addition to existing services. She said it would
be helpful for Lexington’s webpage to address how specific groups can access services tailored
to individual populationsregardingrace, ethnicity, disability, faith,cultural and language, and
LGBTQ identities. Ms. Overton asked that inclusive language be used, that text heavy
information be modified for those whose first language is not English, and that flyers be
translated into other languages. Ms. Overton offered to provide suggestions for how to make the
informationmore visible and accessible on the Town website.
Luanna Devenis, 7 Blodgett Road/Lexington CommunityCoalition MentalHealth
Subcommittee, said she is aware that many people in town struggleto find mental health care.
She believes the services Interface provides are important and needed.
Jessie Steigerwald, Precinct 8 Town Meeting member,encouraged the Selectmen to approve the
funding for the Interface service. Ms. Steigerwald reported that she heard many timesduringher
nine years on the School Committee about families unable to find appropriate mental health care.
The Youth Risk Survey shows a substantialnumber of students are struggling;the circle of
people affected by mental health crises is large and Interface would help them all. The stigma of
mental illness must be reduced.
Mr. Valente said that in order to move ahead, the Town would need to solicit quotes from at least
three entities in order to contract for this type of service. Bids receivedmay be fewer than three,
however. All Selectmen agreed to move ahead.Mr. Pato supported asking for proposals but, in
general, said he would prefer this type of request to come from staff as a component of a larger
program. Ms. Ciccolo agreed, saying she looks forward to hearing the big picture plan from the
Mental Health Task Force. Ms. Hai asked ittobe made clear that these services are not only for
children and families as others need to know they can access help as well.
Approve and Sign Amended Memorandum of Understanding—509 Woburn Street
The Memorandum of Understanding between the Town and Peter C.J. Kelley,Owner and
Trustee of the Manor House, located at 425 Woburn Street, has been amended toreflect work
that has now been completed, as required in the previous MOU. It also reflectsthat,in exchange
for the payment of $25,000 to be used for a traffic study of theproblematic State-controlled
intersection of Woburn Street and Lowell Street, the Owner will install traditional crosswalk
Selectmen’s Meeting –July 23, 2018
Page 4 of 14
signs rather than flashing signs.All mitigation payments to the Town ($108,500) have been paid
in full.
The finalmitigation item relatesto a payment that willbe given if transportation services are
extended to the Manor House; at the moment, staff does not recommend this due to Lexpress
route capacitylimitations.Ms. Barry asked if there is a sunset date for the Lexpressclause; Mr.
Valente said it would end after three years if the Town has not provided the service.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the
amendment to the Memorandum of Understanding between Peter C.J.Kelley of 509 Woburn
Realty Trust the Town of Lexington.
Revise Committee Name, Charge, and Number of Members—Historic Districts Commission Ad
Hoc 40C Committee
The Board is being asked to revise the Historic Districts Commission Ad Hoc 40CCommittee
nameto become the Historic Districts Commission Ad Hoc Ch. 447 Revisions Study Committee
and to revise the Committee's charge to update the number of members from five to seven given
the amount of work being asked of this committee. The Committee would also like to change
meeting times, description, vision and deliverablesspecifiedin the current charge.
Anne Eccles, Chair of the Historic Districts Commission Ad Hoc 40C Committee, said after it
was determined there was not enough support for the revisions originally proposed, the
Committee decided to ask for an extension to dig more deeply into what residents in thefour
districtsneed from the HDC. The Committeealsowants to expand by adding two more members
from outside the small world of historic preservation. This year, the Committee intends tohold
community listening meetings, district by district.
All Selectmen enthusiastically supported the request and expressed gratitude to the Ms. Eccles
and the Committee.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 amend the Historic
Districts Commission Ad Hoc 40CCommittee's charge to reflect a name change, updated
number of members and revised charge.
Consider Summer Water Use Time Restrictions
Dave Pinsonnault, DPW Director, and John Livsey, Town Engineer, requested thatall outdoor
water use (irrigation, power washing, etc.) in Lexington be restrictedon a voluntary basis
thth
between the hours of 5:30 am and 8:30 am from July 25to October 52018to make more
water available for indoor use during morning peak demand. This was done last year with
positive results. The Town of Bedford will make this same request of residents as well. Mr.
Pinsonnault and Mr. Livseyalso suggestedthat all water users in Lexington consider water
conservation techniques both outdoors and indoors to preserveprecious resources.
Mr. Lucente asked what the right time is to bring this request to the Board and how the
information about the voluntary restriction willbe disseminated. Mr. Pinsonnault agreed it
Selectmen’s Meeting –July 23, 2018
Page 5 of 14
would be best to request the restrictionwhenirrigation season gets underway so systems can be
programmed forthepreferred hours; he reported that information will be posted on the Town’s
website, the listserv, and on the electronic message boards.
Mr. Pato was fully in favor of the request and of providing education on conservation methods,
includingthe beauty of natural lawns.
Ms. Ciccolo asked if there is more the Town can do to train residents on water conservation
conceptsand expressed concerns that, as the town continues to grow, voluntary requests may not
suffice.She asked if infrastructure upgradeswillbe needed in the future.Mr. Pinsonnault said
the recently completed water system model providesa valuable information that theengineering
staff use to inform theirwork. The DPW is planning water conservation education events for the
fall and winter. All athletic fields now have smart irrigation systemswhich fine tune and target
water use;funding has been appropriated to extend these systems to all Town park areas.
Ms. Ciccolo asked if the Town might change its code requirements for irrigation systems for all
new construction. Mr. Valente said there is currently no requirement that an irrigation system
have a smart meter but this could be done in the future. A pressing question is what to do about
the timing ofexisting systems. Ms. Ciccolo suggested that working with the irrigation companies
might be more effective than trying to get the attention ofindividualhomeowners. Mr.
Pinsonnault said an irrigation company will participate in the education events being planned.
Ms. Hai asked what the preferred timeframe is for irrigationsystems. Mr. Pinsonnault said that
systems should run in the early morning hours and be off before 5:30 a.m.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to implement a
voluntary outdoor water use time restriction from 5:30 a.m. to 8:30 a.m. beginning July 25th and
continuing through October 5th, 2018.
Center Streetscape Massachusetts Avenue Turning LaneReductions—Waltham Street and
Edison Way
John Livsey, Town Engineer,presented information on the traffic trial results forthe
Massachusetts Ave intersections at Waltham Street and Edison Way.The purpose of the trials
was to evaluate the effects of eliminating the dedicated right turn travel lane on Massachusetts
Avenuewestbound to Edison Way and eliminating the dedicated rightturn travel lane on
Massachusetts Avenue eastbound on to Waltham Street. Data was collected in 2016 periodically
during the months of August, September, and October with the trial equipment removed in early
November2016.Daily and peak hour traffic counts were taken at multiple locationsin the
Center.
Edison Way: Mr. Livsey described the long-term benefits of this lane reduction as the ability to
increase the sidewalk area;a reduction of pavement from 70 feet to 62 feet that would aid in
traffic calming;and improved safety at the intersection for allmodesof travel. One alternative
that could not be modeled was a parking prohibition during morning hours for the spaces
adjacent to the Edison buildingjust before the turnonto Edison Way, allowing travelin the
parking lane at that time.
Selectmen’s Meeting –July 23, 2018
Page 6 of 14
Conclusions of this trial includethattraffic volume reduction was not a result of the trial; crashes
did not increase; there were no observed negative effects of the lane reduction on vehicle
queuing.
Waltham Street: Mr. Livsey said the long-term benefits of this lane reduction would bean
increase in sidewalk area;reduction ofMassachusetts Avenue crossing distance; andan
improved turning radius for large vehicles. There is evidence that large vehicles have hit the
signal polls due tothe tightness of the turn. The narrowness of the sidewalk creates a dangerous
situation for pedestrians waiting to cross.
Conclusions of this trial include: right turn traffic volume increasedonlyslightly during the trial;
Muzzey Street traffic volume was not adversely affected; one crash was related to the trial but
the cause of the second crash is unknown; the queue on Massachusetts Avenue eastbound was
occasionally observed to be two/three vehicles longerthan pre-trial,with the greatest impact
being that pedestrians crossed further “upstream” of the signal.
Ms. Barry stated that the Selectmen have received a letter from the Center Committee about the
proposedlane reductions. Regarding the Waltham Street right hand turn, the Center Committee
voted 7-0 to support the elimination, citing the urgent need for pedestrian safety at that corner
and the belief that eastbound traffic would not be adversely affected. The Committee
recommended that the timing of the traffic light be adjusted during morning and evening peak
hours to accommodate thegreater flows oftraffic.This adjustment could be made immediately
and does not have to wait for the larger project. Regarding the Edison Way lane reduction, the
Center Committee voted 7-0 to support the recommendation for shared use space that would
move out the curb one lane to establish adedicated right turn lane during morning trafficand
retainmetered parking duringnon-peak hours. The Committee felt this change would preserve a
pedestrian path consistent with adjacentblocks andimprove sight lines. The Committee did note,
however, that additional sidewalk width is not needed at this location.
Mr. Lucente agreed that there is no need foradditional pedestrian space here. Heobserved
significant traffic back-ups during the trial and alsofeelsthe dual use of the parking/turning lane
would beconfusing. His biggest concern isresident feedbackhe receivedthat the traffic flow
worsened during the trialand even though the goal is to improve pedestrian safety, he is not sure
thiswill bea result.
Mr. Pato said he supports both changes. He agreed that the temporary markings during the trial
made the intersection more confusing butthepermanent changeswould make the curb line
consistent and improve pedestrian safety. He also agreed that the shared parking/turning lane
use should be explored and said he is willing to forfeit thoseparking spaces if need be. Any
gainedspaceat the Waltham Street sidewalk wouldcreateasafer pedestrian waitingarea.
Ms. Barry supports both lane reductions. She acknowledged the shared use configurationat
Edison Way will require a learning curve but people will eventually understand the changing
patterns;proper signage should help. In regard to Waltham Street, she also observed traffic back-
upspast the Minuteman Statue butnoted thatsince the turning lane only stores three cars, the
lane reduction will not make a big difference.
Selectmen’s Meeting –July 23, 2018
Page 7 of 14
Ms. Ciccolo also supported both changes. She is intrigued that the traffic volumes appeared to
drop and wondered if theparking managementprogram was a factor. Ms. Ciccolo said that
improving pedestrian safety at the Waltham Street corner is crucialand improving thetruck
turning radius will make a positive difference. She did not observe greater-than-usual traffic
back-up during the trial period and did not receive any complaints. Ms. Ciccolo also agreed that
sightlines will improve near Grant Street/Edison Way.
Mr. Livsey noted that the Harrington Road trial occurred simultaneously and may have
complicated matters; headdedthatthere would be a net gain oftwo parking spaces on
Massachusetts Avenue by eliminating the turning lane on to Waltham Street.
Ms. Hai approved of both reductions but noted that she observed back-upson Massachusetts
Avenue eastbound.She askedif increasing the sidewalk width at the corner of Waltham Street
and Massachusetts Avenue would,in effect,provide space forpedestrians to stand within the
truck turning allowance. Mr. Pato noted that the crosswalk at that juncture would be movedand
the shiftincreasessafety.
John Flynn, 1 Hunt Road, asked about the Edison Way modification and whether the proposed
Center Streetscape changes still include reduction of theeastbound turning lane onto Grant
Street. Mr. Livsey said,at the 25% design stage, the Center Streetscape configurations are still
under discussion. Mr. Flynn said the shared lane concept is great but he does not believe it
improves pedestrian safety and the loss of the dedicated right-hand lane will make matters worse
for bicyclists.He asked for further consideration of bicycles in the overall scheme.
Dawn McKenna, 9 Hancock Street, said traffic back-ups have increasedin generaland she does
not believe they are related to the trials. She supports the idea of changing the light sequencing to
facilitate traffic flows during peak times.
Mr. Lucente asked whether erecting pedestrian barriers to protect the sidewalk corner at
Waltham Streetwould be advisable.Mr. Livsey repliedthat the traffic signals at that corner
provide a barrierand reactions to proposed bollards have been negative.
Mr. Lucente said he firmly believes the traffic backups were thedirect result of the trials and he
is not inclined to approve the two requests.
Ms. Hai asked if the right on red allowance at Waltham Street would be eliminated. Mr. Livsey
said he had not considered eliminating it but would re-evaluate it, along with signal timing.
Upon motion duly made and seconded, the Board of Selectmen voted 4-1to approve the lane
reduction for the right turn lane on MassachusettsAvenueat Waltham Street.Mr. Lucente cast
the dissenting vote.
Upon motion duly made and seconded, the Board of Selectmen voted 4-1to approvethe lane
reduction for the right turn lane on MassachusettsAvenueat Edison Way. Mr. Lucente cast the
dissenting vote.
Discussthe Potential for aWestview Cemetery Crematorium
Selectmen’s Meeting –July 23, 2018
Page 8 of 14
Ms. Barry reported that on Tuesday, July 10, 2018, the Board took a fieldtrip to the Town of
Duxbury’s crematorium.Duxbury is one of two municipalities in Massachusetts that has a
crematorium. Because a new building is proposed for Lexington’s Westview Cemetery, the idea
of including a crematorium is being considered; thecurrentnew buildingalready proposed
would be paid for from cemetery fees.
Narain Bhatia, Precinct 3 Town Meeting member/vice chair of the Economic Development
Advisory Committee, said that cremation is an important part of the Hindu tradition. He asked
that the Selectmen support the concept and furtherasked themto consider including an indoor
gathering place for 100-150 peoplewith good acoustics for ritual ceremoniesplusa family
viewing areaadjacent to the crematorium. These amenities are not currently available in any
other crematorium, althoughhe has attended cremation ceremonies atMount Auburn Cemetery.
Dinesh Patel, Precinct 6 Town Meeting member, distributed architectural renderings of an ideal
crematorium designedin India. Mr. Patel reported that cremation is not only a Hindu tradition
but many othersare now opting for it. He quoted the average price of a cremation at$1,200.
Dawn McKenna, Precinct 6 Town Meeting member, said that Mount Auburn Cemetery is in the
process of building a new crematorium and she asked the Selectmen to consider thisa potential
resource for Lexingtonians in lieu ofbuilding a municipal facility.
Ms. Barry noted that the Westview Cemetery articleat Annual Town Meeting 2018was
indefinitely postponedand thehopeis to bring the building portion of the project to the
anticipatedfall Special Town Meeting.Acrematorium might be part of that proposal. Mr.
Valente said the architect can design the building with or without the crematorium; if without,
the crematorium could be added at a later date. To keep the timeline on target, the architect
needs direction now.
Ms. Barry said the state of the current building at Westview is deplorable and the Town is not
being responsible totheemployees who work there nortothe equipment that is stored there. She
would like to move ahead with the building but design it so that a crematorium couldbe added at
a later date, after more research has been done. It is not yet clearat this pointwhat the upfront,
overhead, maintenance, or employee costs would beandthe project must be sustainable, have a
strong business plan behind it, and be environmentally sensitive. She appreciates that a
crematorium means a lot to members of the community but she needs to have a better grasp of
the practicalitiesand proposed establishing a committee to study the question.
Ms. Hai agreed it is an imperative to move the building forward butshe is not ready to decide
about a town-run crematorium. She agreed with the need for a business plan and for establishing
relationships between funeral directors and crematorium services. She is amenable to looking at
abuilding that could be added laterbut she would want to know how significant the cost increase
would be since the addition may never occur or occur much later. She asked for a cost estimate
based on scale and scope.
Ms. Ciccolo asked about the anticipated construction timelineand whether postponing avote
until Annual Town Meeting 2019would delay construction.Mr. Pinsonnault said the project
would be delayedby ayear because there are a number of steps to be takenbefore ground can be
Selectmen’s Meeting –July 23, 2018
Page 9 of 14
broken for the new building. Mr. Valente said that the Town shouldbid the project out in
January2019, not during construction season. Ms. Ciccolo agreed there is notenough
information to move forward with the crematorium and that a business plan is needed but she
does notwant to preclude the later addition of a crematorium. If the number of people to be
accommodated in a crematorium ceremony gathering is 100-150, thiswould bealarger space
thanwhathas been conceived for the number Westview building. Mr. Pinsonnault confirmed
that theoutdoorpavilion intended for Westview would accommodate 50-75 people, to be used in
the case of inclement weather. Ms. Ciccolo suggested that the operations building and the
ceremonial gathering space be thought of as separate projects. She believes more evaluation of
need is necessary, which astudy group could be asked to do.
Mr. Pato notedthat Duxbury serves a significant portion of the SouthShore, conducting 3,000
cremations ayear. From a municipal/operational standpoint, he is not aware that a large
gathering area is necessary since intimate proximity to the deceased does not seem to be a
customary part of thecremationritualfor more than the immediate family. He would like to see
theWestviewbuilding design move forward without a commitment to construct until more
questions are answered.
Mr. Lucente said the Selectmen learned a lot in Duxbury.He believes that cremation is an
expandingtrend that is becoming a norm but Lexington would need to market the service to
make the investment viable. He would like to have a better understanding of how big the
gathering space would need to be. The Westview project, as he sees it, has several parts that can
be separated. He is curious to see what Mount Auburn Cemetery is doing. Mr. Lucente is in
favor of eliminating the outdoor pavilionbut looking at the campus with an eye for where a
gathering place might be constructed for a crematorium.
Mr. Pato said he is not sure he would support building a gathering space for religious ceremonies
but hewould consider designing a crematorium that included a small area for family to say their
final goodbyes to the deceased.
Ms. Hai agreed that the Town shouldnot provide the same capacity for religious services that a
church, temple, or funeral home would. She would not want to overstep the appropriate
municipal role. She would like to include a columbarium and agreed that cremation is becoming
a preferred option.
Mr. Valente said the request for a large function hall is not something he has heard until tonight.
That kind ofbuilding space and additional parking are both different considerations.The smaller
model,along Duxbury’s line,wouldbe a betterfit forWestview. A largerfacilitywould have to
be at another location.
Mr. Lucente asked Mr. Bhatia asked if the Hindu community would not use a crematoriumif it
did not havea large function hall. Mr. Bhatia clarified that his attendance estimate was generous;
gathering space for 75 would generally be adequate.
Dawn McKenna said that Town Meeting will want to know what the programmatic goals are for
this project.
Selectmen’s Meeting –July 23, 2018
Page 10 of 14
Deepika Sawhney, 6 Porter Lane/School Committee member, said there are four Sikh temples in
the Boston area and other populations use cremation services. She urged the Town to reach out
to the Sikh and Hindu communities and to make both a business and humane plan forthe project.
Mr. Pinsonnault noted thatthe original proposal for the building has already been vetted/
approved by the Board and could go forward without additional consideration.
Mr. Valente saidthat crematoriums charge between $250 an $400 for services, not $1,200, but
funeral home charges are additional.
Mr. Lucente, Mr. Pato, and Ms. Barry supported going forwardwith the building plan and
forminga separate study for the crematorium. Ms. Ciccolo agreed but not with moving forward
with the pavilion.However, sheexpressed concern that moving ahead might preclude later
options for how to use available space. Mr. Valente said the pavilion was planned as an add-
alternateand was not an integral part of the proposal. Ms. Hai alsosupported moving aheadbut
echoed Ms. Ciccolo’s concerns the loss of options. She also agreed that the pavilion should be
put on hold and re-considered together withthe crematorium concept. She asked that abroad-
based study group to be formed.
Ms. Barry called a recess until10 p.m.
Review and Approve Letter to Governor’s Office/Administration and Finance Regarding Capital
Bond Bill Projects:Police Radio Console; Visitors Center Construction Project
The recent Capital Bond bill, approved by the Legislature and signed by the Governor, included
funding for two Lexington projects:the Police Radio Consolefor $370,000; and the Visitors
Centerfor $675,000.The submission of these two projects was made by Senator Barrett, with the
support of Senator Friedman and Representative Kaufman.Mr. Valente noted that another
$200,000 for the Visitors Center is included in the Governor’s budget, which is also subject to
approval; he cautioned that none of thefunding is not yet assured and that release of the funding
is at the discretion ofthe Governor's Office.
Senator Barrett's Office has recommended that the Board of Selectmen contact the State agencies
that determine whether to release the funds, to advocate for these important projects.Ms. Ciccolo
encouraged residents to contact theState in support of these initiatives.
Mr. Pato askediflanguage about a pathway to Douglas House should be included in the letter, as
it has been. Mr. Valente said he has made a noteto confirm the location of the path with the
Planning office to see whether inclusionin the letteris advisable.
Upon motion duly made and seconded, the Board voted 5-0 to approve and sign the letters to
Administration and Finance and the Division of Capital Asset Management and Maintenance
regarding funding for the Police Radio Console equipment and Visitors Center projectsubject to
verification and possible correction.
Sign September Primary Warrant
Selectmen’s Meeting –July 23, 2018
Page 11 of 14
Upon motion duly made and seconded, the Board voted 5-0 to sign the warrant for the 2018 State
Primary to be held on Tuesday, September 4, 2018 from 7:00 a.m. to 8:00 p.m.
Appointment of Election Officers
Ms. Barry recused herself because her mother is an appointee.Ms. Ciccolo assumed the role of
chair for the item.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Election
Officers as presented in a memo from the Town Clerk dated July 6, 2018 for the period begin
September 1, 2018.
Selectmen’s Goal Setting Revisions and Ranking of Goals
Ms. Barry asked Board members forcomment on the edits and revisions made since the last
meeting, noting that there is still more revision work to be completed. There are now 22 high
priority goals. One goal has been accomplished Ms. Barry recommended sorting the remaining
21 goals into three groups of 7 based on relative importance.
Mr. Patoasked the Board tonote that he addedtwo target percentagesin the “Affordability for
Residents” goalthat did not appear in the earlier draft.
Ms. Ciccolo said that a lot of items have been grouped intoGoal #12: “Complete Streets/Roads
and Sidewalks Maintenance”. She will propose edits and present a revision at the next meeting.
The Board determined that subsequent edits would be sent to Ms. Axtell, Assistant Town
Manager, who will generate another draft of the goalsdocument.
The Board determined to review themost recenteditsand revisit them at the next meeting on
August 6, 2018.
Approve Memorandum of Agreements with Lexington Police Association
Ms. Barry recused herself because her husbandis employed as a Police Officerby the Town of
Lexington.
The Board previously discussed this matter in Executive Session on July 16, 2018.This
agreement with the Lexington Police Association will adjust detail rates for all police officers,
effective August 6, 2018.The last time detail rates were adjusted was in June 2009.
Upon motion duly made and seconded, the Board voted 4-0 to approve and authorize the Town
Manager to signed the Memorandum of Agreement adjusting to detail rates, effective August 6,
2018.
Approve Letter of Support for LexHab Regarding Wright Farm
The Lexington Housing Assistance Board (LexHab)has requested a letter of support from the
Board of Selectmen for their Local Initiative Project (LIP) application for a comprehensive
Selectmen’s Meeting –July 23, 2018
Page 12 of 14
permit for affordable housing development at Wright Farm.Ms. Barry noted that this type of
letter had also been submitted for Farmviewproject on Lowell Street.
Upon motion duly made and seconded, the Board voted 5-0to provide a letter of support
endorsing LexHAB's application to the Department of Housing and Community Development's
Local Initiative Program for a comprehensive permit for the affordable housing project at Wright
Farm.
Approve Employment Agreement—Acting Town Manager
Discussed earlier in the evening in Executive Session, the Board has reached an Employment
Agreement for Acting Town Manager Kelly Axtell.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the
Employment Agreement betweentheTown, acting through its Board of Selectmen, and Kelly
Axtell.
Review and Approve Creation of Carl F and Maureen G Valente Public Service Fund
Ms. Barry noted that, between them, Town Manager Carl Valenteandhis wife Maureen Valente
haveperformed72 years of public service. Ms. Barry statedthat Mr. Valente has distinguished
himself as a teacher and mentor for those new to public serviceand that this fund recognizes his
contributions.
Mr. Valente said he is honored that the Board thought toestablish this fund. He recalled that in
his generation, internships were the way young people got their first government work
experiences butnowthere is less opportunity to follow this path. The fund willprovide
internship stipendsfor 6 months to 1 year to work ina broad spectrum ofLexington Town
government roles.
Ms. Barry read the terms of the fund for “Internships and Educational Programs Associated with
a Career in Public Administration”in full.The fund will be maintained by the Trustees of the
Public Trust and will be expended in five years or five disbursements;donations can be made via
the Selectmen’s office.
Upon motion duly made and seconded, the Board enthusiastically voted 5-0 to approve and
authorize the Chairman to sign the terms of the Carl F. and Maureen G. Valente Public Service
Fund.
Battle Green Requests
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
Lexington Minutemen Company’srequest to usethe Battle Green for the purpose of the
installation of officers and the 329th Anniversary of the Lexington MinutemenCompanyto be
held on Sunday, September 9, 2018 from 12:00 p.m. to 3:30 p.m.
Town Manager Appointments
Selectmen’s Meeting –July 23, 2018
Page 13 of 14
The Town Manager requests the Board's approval of the appointment of Ms. Lyn Yang to the
Community Center Program Advisory Committee as well as Dr. Jyotsna Kakullavarapuand Ms.
Sandra Shaw to the Council on Aging.Ms. Yang will be filling the position previously held by
John Zhu.Her term will start immediately and will expire May 2020.Dr. Kakullavarapu will be
filling the position previously held by Nancy Adler.Her term will start immediately and will
expire May 2021. Ms. Shaw will be filling the position previously held by Dr. Harry Allan
Mackay.Her term will start immediately and will expire May 2021.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town
Manager's appointments of Lyn Yang to the Community Center Program Advisory Committee
as well as Dr. Jyotsna Kakullavarapu and Sandra Shaw to the Council on Aging.
Consent Agenda
Approve Annual Review: Comptroller
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the
annual performance review for Carolyn Kosnoff, Assistant Town Manager for
Finance/Comptroller.
Approve One-Day Liquor License
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve The Czech
and Slovak Association requestfora One-Day Liquor licenseto serve beer and wine for their
Czech and Slovak Harvest Festival to be held at Sacred Heart ParishHall,21 Follen Road, on
Saturday, October 13, 2018from 5:00 p.m. to 11:00 p.m.
th
Approve and Sign Proclamation: 25Anniversary of the Minuteman Bikeway
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a
proclamation recognizing the 25th anniversary of the Minuteman Bikeway.
Executive Session
Upon motion duly made and by roll call, the Board of Selectmen voted 5-0 to enter Executive
Session at 10:28 p.m. under Exemption 6 to consider the purchase, exchange, lease or valueof
real propertyEdison Way parking spaces owned by theHistorical Society, and further by roll
call, the Board of Selectmen voted 4-0, to enter Executive Session under Exemption 3 to discuss
strategy with respect to collective bargaining related to theLexington Police Association
Superior Officers and to re-convene in Open Session only to adjourn. It was declared that that an
open meeting may have a detrimental effect on the bargaining and negotiating position(s) of the
Town. Ms. Barry was recused from the Exemption 3 discussion as her husband is an employee of
the Town.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 11:55 p.m.
Selectmen’s Meeting –July 23, 2018
Page 14 of 14
A true record; Attest:
Kim Siebert
Recording Secretary
Town of Lexington, Massachusetts
OFFICE OF SELECTMEN
WHEREAS:Our Founding Fathers, in order to secure the blessings of liberty for themselves and their
posterity, did ordain and establish a Constitution for the United States of America; and
WHEREAS:It is of the greatest importance that all citizens fully understand the provisions and principles
contained in the Constitution in order to effectively support, preserve and defend it against all
enemies; and
WHEREAS:The two hundredandthirty firstanniversary of the signing of the Constitution provides an
historic opportunity for all Americans to remember the achievements of the Framers of the
Constitution and the rights, privileges, and responsibilities they afforded us in this unique
document; and
WHEREAS:The freedoms guaranteed to American citizens should be celebrated by appropriate ceremonies
and activities during Constitution Week, September 17 through 23 as designated by proclamation
of the President of the United States of America in accordance with Public Law 915.
NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of Lexington, Massachusetts, do hereby proclaim
the week of September 17 through 23 as
and urge all citizens to reflect during the week on the many benefits of our Federal Constitution and the
privileges and responsibilities of American Citizenship.
IN WITNESS WHEREOF,we have hereunto set our hands this fifthday of Septemberin the Year of Our Lord
Two Thousand and Eighteen.
Suzanne E. Barry Joseph N. Pato
Michelle L. Ciccolo Douglas M. Lucente
Jill I. Hai
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August 29, 2018
Ms. Suzie Barry, Chairman
Board of Selectmen
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
RE: Veteran's Day, Sunday, November 11, 2018
Dear Suzie,
On behalf of the Town Celebrations Committee we would like to make the following
requests in regards to Veteran's Day events in Lexington.
2018
Sunday, November 11, 2018.
The Parade will lineup at 1:00PM in the driveway of 1557 Massachusetts Avenue and
step off at 1:15PM.
The Town Celebrations Committee requests the use of the westerly side of Massachusetts
Avenue from the driveway to 1557 Massachusetts Avenue to Bedford Street, Bedford
Street westerly to Harrington Road turn left onto Harrington Road then left onto
Massachusetts Avenue, then east along Massachusetts Avenue, turning left into Cary for
the indoor ceremonies.
2018
with a 2:00 PM start. We will contact the Public Facilities Department for approval to
use Cary Hall.
Very truly yours,
TOWN CELEBRATIONS COMMITTEE
Lorain Marquis
Chairman, 781-862-9176
1625 MASSACHUSETTS AVENUE LEXINGTON, MASSACHUSETTS 02420
Telephone: (781) 698-4640 ~ Fax: (781)-863-9468
Email: celebrationscmte@lexingtonma.gov