HomeMy WebLinkAbout2019-03-25 BOS Packet - Released SELECTMEN'S MEETING
Monday, March 25, 2019
Town Office Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room
6:00 PM
AGENDA
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than
to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698-
45 80 if they wish to speak during public comment to assist the Chairman in managing meeting times.
SELECTMAN CONCERNS AND LIAISON REPORTS
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Vote to Layout- Portion of Pelham Road 6:05 p.m.
2. Article 38 Amend Zoning Bylaw and Zoning Map, 186 Bedford Street- 6:10 p.m.
Memorandum of Understanding
3. 2019 Annual Town Meeting 6:25 p.m.
• Article Discussion
• Article Positions
• Consider Potential ATM Consent Agenda Articles
• Discuss & Vote on Board Report to Town Meeting
4. Selectmen- Committee Reappointment& Resignation 6:50 p.m.
CONSENT AGENDA
1. Approve Minutes
2. Approve and Sign Letter of Appreciation- Town Meeting Members
ADJOURN
1. Anticipated Adjournment 7:00 p.m.
The next regularly scheduled meeting of the Board of Selectmen will be held on Wednesday,
March 27, 2019 at 6:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625
Massachusetts Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and LezVfeilads
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Vote to Layout - Portion of Pelham Road
PRESENTER:
ITEM
NUMBER:
David P avlik, Senior Civil Engineer
I.1
SUMMARY:
You are being asked to vote to layout a portion of Pelham Road from Eliot Road a distance of 526 feet, more
or less westerly as a public way.
SUGGESTED MOTION:
Move to layout a portion of Pelham Road from Eliot Road a distance of 526 feet, more or less westerly as a
public way.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/25/2019 6:05 p.m.
ATTACHMENTS:
Description Type
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Article 38 Amend Zoning Bylaw and Zoning Map, 186 Bedford Street - Memorandum of
Understanding
PRESENTER: ITEM
NUMBER:
James J. Malloy, Town Manager
I.2
SUMMARY:
As the Board is aware, the property owner at 186 Bedford Street is seeking to rezone the property from
Residential to Mixed Use to develop a commercial property with 13 1-bedroom apartments ranging from
approximately 550 s.f. to 750 s.f. As part of the rezoning the Town has negotiated a Memorandum of
Understanding(MOU)which calls for:
. Payment of$52,500 for transportation and improvements to a park
. 4 of 13 units as affordable units
. Property built to LEED Silver standards (they do not plan to apply for certification due to cost)
The Draft MOU is attached for the Board's review. My understanding is the Planning Board voted 3-1 to
have it referred back to the Planning Board for further review.
This is a fairly small business development and the alternative is either 3 single family homes (by right) or a
friendly 40B style project. The project would still need to go through site plan review with the Planning
Board. I am providing recommended motions for the Board's consideration both for support of the project
and if the Board concurs with the Planning Board to have it referred back to the Planning Board for further
review.
SUGGESTED MOTION:
Move to support Article 38 contingent on the terms of the Memorandum of Understanding as attached are
fully incorporated and approved by both the Town and the property owners.
or
Move to refer the matter to the Planing Board for further review.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/25/2019 6:10 p.m.
ATTACHMENTS:
Description Type
TOWN DRAFT: 2/22/19
APPLICANT REVISION 3/20/19
SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION
Memorandum of Understanding ("MOU") between 186 Bedford Street, LLC ("Owner") and the
Town of Lexington, Massachusetts ("Town")
For 186 Bedford Street, Lexington (the "Property")
March , 2019
I. Background
186 Bedford Street, LLC is the owner of the Property. The Property was vacant when the
Owner purchased it from Eliot Community Health Services ("Eliot") in September 2018. The
Property, a 1.36-acre lot, currently houses a 2.5 story commercial building (the "Building"), a
one story addition built in 1969 (the "1969 Addition"), and a one story accessory building (the
"Barn"), and contains access driveways, surface parking areas, a garden, and
landscape/hardscape improvements. The Building and Barn are listed in the Lexington Cultural
Resources Inventory and Massachusetts Historical Commission database as structures with
historical value.
The Owner has proposed to rezone the Property from the present RS One Family
Dwelling District to create a Planned Development District to allow for renovation and addition
to the existing buildings on the Property. The Owner plans to demolish the 1969 Addition,
preserve and renovate the Building and the Barn, construct a new addition to the Building (the
"New Addition"), and implement additional site improvements (the "Site Improvements"). The
Owner proposes to use the Property as a mixed-use residential and commercial development (the
"Development") (together with the Site Improvements, the "Project"). A residential component
of the Development will include 13 one-bedroom apartments, including four affordable housing
units, all located on the second floor and attic levels of the New Addition(the "Living Units"),
resulting in a 30% affordable housing commitment and allowing all 13 units to be counted
toward the Town's affordable housing inventory. The commercial component of the
Development will be located on the ground floor of the Building and New Addition, and will be
used for the Owner's salon business and other businesses. The Barn will be used as office space
for management of the Owner's salon, the Property, and other family businesses.
The Town, acting through the Lexington Town Meeting, is expected to consider, and may
approve, a Preliminary Site Development and Use Plan in April 2019 for the PD-4 District in
connection with the Project (the "PSDUP"). In the event that the Lexington Town Meeting
approves the PSDUP, this MOU between the Owner and the Town, acting by and through its
Board of Selectmen, sets forth certain additional mitigation measures to be completed or
undertaken by the Owner as part of the Project. This MOU supplements the obligations and
commitments of the Owner as established in the PSDUP. This MOU shall not negate the
obligations and commitments of the Owner in any other permit, certificate or approval issued, or
which may later be issued, by the Town in connection with the Project.
1
TOWN DRAFT: 2/22/19
APPLICANT REVISION 3/20/19
SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION
II. Traffic
A. Financial Contributions & Mitigation Measures.
1. The Owner shall provide bicycle parking within the Project.
2. Prior to the issuance of a Certificate of Occupancy for the Project, the
Owner shall make a one-time financial contribution of$30,000 to the
Town, being $2,000 per each parking space being added over the existing
number of spaces currently located on the Property. This payment is
intended to provide the Town funding for transportation and transportation
demand management improvements, including but not limited to sidewalk
and crosswalk improvements.
3. Prior to the issuance of a Certificate of Occupancy for the Project, the
Owner shall contribute an additional $20,000 for transportation demand
management improvements, including but not limited to a proposed bus
shelter or other improvements in the vicinity of the Project, and $2,500
toward public improvements at Garfield Park.
B. TDM Obligations. The Owner agrees to implement the transportation demand
management policies, measures and improvements ("TDM Measures") associated
with the Project in accordance with the Traffic Impact Study prepared by MDM
Transportation Consultants, dated December 17, 2018 in connection with the
Project. In addition, the Owner agrees to:
1. Restrict on-site residential parking to one space per apartment, to be
enforced by the Owner via lease restrictions.
2. Provide offsite parking for employees in the event additional parking is
required during peak periods of use, notwithstanding the MDM parking
and traffic analysis indicating that adequate on-site parking is provided.
III. Affordable Housing Commitment within Project
A. The Owner agrees to establish and maintain in perpetuity a minimum of four(4)
of the thirteen (13) Living Units as affordable "Local Action Units" certified
under the Massachusetts Department of Housing & Community Development's
("DHCD") Local Initiative Program (the "Affordable Units"). All Affordable
Units shall be situated within the Project so as not to be in a less desirable location
than the market rate units and shall be spread evenly throughout the Project. The
Affordable Units shall be integrated into the rest of the Project and shall be
compatible in size, design, appearance, construction, and quality of materials with
the market rate units.
2
TOWN DRAFT: 2/22/19
APPLICANT REVISION 3/20/19
SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION
B. The Owner shall, at its sole expense, undertake a lottery and implement an
Affirmative Fair Housing Marketing Plan (the "Marketing Plan") to solicit
interest for the occupancy of the Affordable Units in accordance with applicable
DHCD procedures then in effect. The lottery and the Marketing Plan shall be
conducted by a DHCD-approved agency. The lottery shall be conducted before
the last Certificate of Occupancy for the Project is issued. To the maximum
extent permitted by law, preference for the occupancy of at least 70% of the
Affordable Units shall be given to residents of the Town claiming a local
preference.
C. Consistent with the terms and conditions established in this section, the Owner
and the Town, subject to DHCD's review and approval, shall draft and execute a
binding, recordable affordable housing agreement that will detail the protocol for
the marketing, leasing, management and oversight of the Affordable Units.
D. The Owner shall submit a proposed Local Action Unit("LAU") application,
including a draft Regulatory Agreement and Monitoring Agreement, to the Town
at the same time as it submits its Site Plan Review application to the Planning
Board. The Town and DHCD shall jointly serve as Monitoring Agents for the
LAU. The Owner shall reimburse the Town, or the Regional Housing Services
Office ("RHSO") which provides services to the Town, for any monitoring fees
incurred as Monitoring Agent. [TBD: CONFIRM.]
E. The Owner shall submit a final, signed LAU application to DHCD within 90 days
of the Planning Board's determination on the Site Plan. Prior to the issuance of
any building permits for the Project: (a) the Owner and the Town shall execute
and the Owner shall record a Regulatory Agreement at the Middlesex South
Registry of Deeds, and(b) the Owner shall submit five (5) sets of final approved
plans from DHCD, stamped by a professional engineer, to the Town's Planning
Office, together with a narrative indicating any changes from plans previously
approved by the Planning Board through the Site Plan Review process. If the
Building Commissioner determines that there are any substantial changes between
the plans approved by the Planning Board and the plans approved by DHCD, the
Planning Board shall review the DHCD-approved plans.
F. It is the present intention of the Owner to complete all of the residential units at
the same time. In the event the units are not available at substantially the same
time, Certificates of Occupancy for the Affordable Units shall be issued such that
for every four dwelling units completed, one dwelling unit shall be an Affordable
Unit. The last Certificate of Occupancy issued for the Project shall be for a
market rate unit.
3
TOWN DRAFT: 2/22/19
APPLICANT REVISION 3/20/19
SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION
IV. Access and Utility Easements
A. Provide screen gate at emergency egress driveway using comparable materials to
the existing or new fence along Reed Street to screen views and discourage on-
street parking.
V. Noise Testing & Abatement
A. The Owner agrees to comply with the Town's Noise Control Bylaw, Chapter 80
of the Town's General Bylaws. In its Site Plan Review application(s) for the
Project, the Owner and its acoustic consultant will submit a testing protocol to be
used to establish ambient noise levels. These ambient noise levels will be used to
determine compliance with the Noise Control Bylaw. This protocol shall also be
used in the event of future noise complaints to establish compliance with the
Noise Control Bylaw. The Town may hire, at the Owner's expense, an acoustic
peer review consultant to review the testing protocol.
B. If the Town receives any noise complaints for the Project, or if the Owner makes
future improvements to the Project, the Owner shall demonstrate to the Town its
compliance with the Noise Control Bylaw. The Town may hire, at the Owner's
expense, a third-party acoustic consultant to review said compliance.
C. Upon occupancy of the Project, the Owner agrees to prohibit deliveries to the
Project between the hours of 7 P.M. until 7 A.M. on weekdays and from 7 P.M.
until to 8 A.M. on weekends and holidays.
VI. Sustainability
A. Prior to the issuance of a Certificate of Occupancy for either building in the
Project, Owner shall certify to the Town that such building has been designed and
built in accordance with LEED Silver standards established by the U.S. Green
Building Council.
VII. Consumer Price Index Adjustment
A. The Owner anticipates commencing construction of the Site Improvements not
later than the summer of 2021. However, in the event commencement of
construction of the Site Improvements is delayed, Owner agrees that, any
payments required under this MOU that are made after January 1, 2023 shall be
increased by the Consumer Price Index for all Urban Consumers, Boston-
Cambridge-Newton, published by the Bureau of Labor Statistics, U.S.
Department of Labor(CPI-U) for the previous calendar year(s); provided,
however, that these figures shall never be reduced below the base established
herein. The first such adjustment, if applicable, shall be completed on the initial
CPI-U Adjustment Date based on changes in CPI-U for the preceding calendar
year. If the Bureau of Labor Statistics should cease to publish the CPI-U in its
4
TOWN DRAFT: 2/22/19
APPLICANT REVISION 3/20/19
SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION
present form and calculated on the present basis, a comparable index or an index
reflecting changes in prices determined in a similar manner shall reasonably be
designated by the Town in substitution therefor. The CPI-U for any year relevant
to the application of this definition shall be that published by the Bureau of Labor
Statistics for such previous calendar year.
VIII. Other Commitments
A. The Owner agrees to include or address, as the case may be, the following matters
in conjunction with its application for Site Plan Review, in addition to any other
considerations required by the Planning Board in the Site Plan Review Process:
1. The Owner shall preserve and renovate the Building and Barn that were
originally built circa 1874.
2. Depict locations of abutting property buildings and related improvements
for context with respect to the Project plan.
3. Provide adequate landscape and fence screening along the perimeter of the
property that abuts residential properties. Coordinate with residential
abutters regarding review of the preferred screening plan. Review existing
fence conditions and repair/replace as necessary.
4. Design site lighting to maintain appropriate illumination for public safety
and to not introduce light trespass onto abutting residential property. Site
lighting design to conform with applicable Zoning By-law regulations.
5. Add deciduous canopy tree quantity to mitigate the number of trees
removed as a result of the Project.
6. Specify New England native plant materials with consideration for use of
recommended Middlesex County plant materials lists for consistency.
7. Evaluate if a portion of proposed surface parking adjacent to abutting
residential property can be relocated to create additional open space in this
area.
8. Develop a snow storage plan that summarizes Owner's snow management
protocol to remove snow off-site during periods of heavy snow
accumulation.
9. Consider lockable dumpster units to discourage rodents and illegal
dumping.
10. Relocate electric transformer away from abutting residential lot. Final
transformer location subject to approval by private utility company.
5
TOWN DRAFT: 2/22/19
APPLICANT REVISION 3/20/19
SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION
11. Maintain compact parking spaces along front of retail to minimize tree
root disturbances. Maintain a 2' grass zone with no plantings at end of
parking stalls to allow for vehicle overhang.
12. Retain a certified aborist to assess health of existing mature trees. The
Arborist in consultation with the Landscape Architect shall provide
guidance for tree preservation and root protection measures during
site/utility construction.
13. Design retaining wall systems to reflect traditional New England dry-laid
natural stone wall style.
14. Submit details on Project site identity signage and locations in accordance
with the PSDUP and applicable Zoning By-law regulations.
IX. Miscellaneous
A. Binding Effect.
1. This MOU shall run with the Property as an encumbrance and shall bind
and inure to the benefit of the Owner and its successors and assigns as
owners of the Property for as long as use of the Property is subject to the
PSDUP. The Town and the Owner agree that the Developer may transfer
all, a portion of, or an interest in the Project to a new entity provided that
any new entity acknowledges that:
a) This MOU shall run with title to each portion of or interest in the
Project and shall be binding upon any entity with an ownership
interest in the Property, and each of its successors or assigns as to
the obligations which arise under this MOU during their respective
periods of ownership of the Property, provided that each
predecessor-in-title shall be forever released from this MOU upon
procuring a written acknowledgment from its immediate successor,
addressed to the Town, acknowledging and agreeing that such
successor-in-title is bound by the terms of this MOU and that this
MOU shall be enforceable against such successor by the Board of
Selectmen with respect to such successor's portion(s) of the
Property; and
b) The obligations created hereunder shall not be treated as assumed
by any new entity, and no prior entity shall be released from such
obligations, until such notice is delivered to the Town.
2. This MOU may be enforced by any remedy provided at law or in equity.
This MOU and the Lexington Zoning Bylaw ("Bylaw"), as modified by
the PSDUP, shall be construed in such a way as to reasonably harmonize
6
TOWN DRAFT: 2/22/19
APPLICANT REVISION 3/20/19
SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION
any conflicting provisions, but in the event of any irreconcilable conflict
between this MOU and the Bylaw as so modified, the Bylaw as so
modified shall control, subject to the provisions of any applicable State or
Federal law.
3. The Owner shall, prior to applying for a building permit for construction
of the Project, promptly record a Notice of this MOU with the Middlesex
South Registry of Deeds and furnish proof of the recorded notice to the
Building Commissioner's Office, Town of Lexington, 1625 Massachusetts
Avenue, Lexington, MA 02420 and to the Conservation Administrator,
Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420.
B. Owner's Existence and Authority. The Owner represents that it is a
Massachusetts limited liability company duly formed, validly existing, in good
standing and duly registered to do business in the Commonwealth of
Massachusetts. This MOU constitutes a valid and legally binding obligation of
the Owner, enforceable against Owner in accordance with its terms, and neither
the execution, delivery or performance of this MOU nor compliance herewith
conflicts with or will conflict with or results or will result in a breach of or
constitutes or will constitute a default under(1) the organization documents of the
Owner, (11) any law or any order, writ, injunction or decree of any court or
governmental authority, or(iii) any agreement or instrument to which Owner is a
party by which it is bound.
C. Cooperation. The Owner hereby agrees to cooperate with the Town on an
ongoing basis to implement this MOU.
D. Default; Opportunity to Cure. Failure by either party to this MOU to perform any
term or provision of this MOU shall not constitute a default under this MOU
unless and until the defaulting party fails to commence to cure, correct or remedy
such failure within fifteen days of receipt of written notice of such failure from
the other party and thereafter fails to complete such cure, correction, or remedy
within sixty days of the receipt of such written notice, or, with respect to defaults
that cannot reasonably be cured, corrected or remedied within such sixty-day
period, within such additional period of time as is reasonably required to remedy
such default, provided the defaulting party exercises due diligence in the
remedying of such default. Notwithstanding the foregoing, the Owner shall cure
any monetary default hereunder within thirty days following the receipt of written
notice of such default from the Town.
E. Time is of the Essence. Time shall be the essence for this MOU. Any reference
in this MOU to the time for the performance of obligations or elapsed time shall
mean consecutive calendar days, months, or years, as applicable. As used in this
MOU, the term "Business Day" shall mean any day other than a Saturday,
Sunday, recognized federal holiday or recognized state holiday in the
7
TOWN DRAFT: 2/22/19
APPLICANT REVISION 3/20/19
SUBJECT TO FURTHER REVISION: NOT FOR EXECUTION
Commonwealth of Massachusetts. If the last date for performance by either party
under this MOU occurs on a Saturday, Sunday, or recognized federal or state
holiday in the Commonwealth of Massachusetts, then the last date for such
performance shall be extended to the next occurring Business Day.
F. Permitting. The execution and delivery of this MOU does not constitute an
agreement by the Town that any necessary permit or approval for the Project will
in fact be granted, including, without limitation, approval of the PSDUP by the
Lexington Town Meeting or issuance of any permit, certificate or approval for the
Project. The execution of this MOU shall be incorporated into and made a
condition of the PSDUP.
G. Effective Date. This MOU shall become binding when all permits necessary for
the Project, including the PSDUP and any Special Permits and Order of
Conditions for the Project, are effective and the Owner has notified the Town in
writing of its intention to proceed with construction of the Project (the "Effective
Date"). In the event that (1) the changes to the Zoning Bylaw effectuating the
PSDUP are disapproved by the Massachusetts Attorney General or a court of
competent jurisdiction, (11) the Owner fails to obtain or maintain any permit,
certificate, or approval necessary for the Project or (iii) the Owner chooses not to
proceed with the construction of the Project and notifies the Town accordingly,
this MOU shall be null and void.
H. Amendment of MOU. This MOU may not be amended, modified or terminated
except by a written instrument executed by Owner or a successor owner and by
the Board of Selectmen.
I. Enforcement; No Waiver. The failure of the Town or the Owner to enforce this
MOU shall not be deemed a waiver of the Town or the Owner's right to do so
thereafter.
J. Severability. The invalidity of any provisions of this MOU as determined by a
court of competent jurisdiction shall in no way affect the validity of any other
provision hereof. If any provision of this MOU or its applicability to any person
or circumstances shall be held invalid, the remainder thereof, or the application to
other persons shall not be affected.
K. Applicable Law. This MOU shall be governed by and according to the laws of
the Commonwealth of Massachusetts, as amended from time to time. Any action
brought by the Town hereunder may be brought in the Land Court or the Superior
Court in and for the County of Middlesex, and the Owner hereby agrees to the
jurisdiction of such court.
8
Executed under seal as of the date first set forth above.
TOWN OF LEXINGTON
BOARD OF SELECTMEN
Suzanne E. Barry, Chairperson Joseph N. Pato
Jill Hai Mark S andeen
Douglas Lucente
OWNER:
186 Bedford Street, LLC,
a Massachusetts limited liability
company
By:
Signature Page to MOU between[Developer/Owner]and Town of Lexington
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
2019 Annual Town Meeting
PRESENTER:
ITEM
NUMBER:
Board Discussion
I.3
SUMMARY:
• Article Discussion
• Article Positions
• Consider Potential ATM Consent Agenda Articles
• Discuss Board Report to Town Meeting
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/25/2019 6:25 p.m.
ATTACHMENTS:
Description Type
2019 Annual Town Meeting
Potential Consent Agenda Articles
Board of Selectmen
Article 14c-Archives and Records Management/Records Conservation & Preservation
Article 14L-CPA Debt Services
Article 14M-CPA Administrative Budget
Article 16a Hydrant Replacement Program
Article 16d-Townwide Culvert Replacement
Article 16g-Sidewalk Improvements
Article 16j-Townwide Signalization Improvements
Article 16k-Street Improvements
Article 16L-Transportation Mitigation
Article 18: Appropriate for Wastewater System Improvements
Article 20a: Public Facilities Bid Documents
Article 20b: Facility and Site improvements-Building Flooring program and School Paving Program
Article 20c: Municipal Building Envelopes and Systems
Article 20d: School Building Envelopes and Systems
Article 20f: Public Facilities Mechanical/Electrical System Replacements
Article 21-Rescind Prior Borrowing Authorizations
Article 23-Appropriate to General Stabilization Fund (IP)
Article 24 Appropriate from Debt Service Stabilization Fund
Article 27: Appropriate for Authorized Capital Improvements (IP)
**CEC/BOS/AC has agreed to the above articles
3/19/2019
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i" TOWN OF LEXINGTON WARRANT
FIE
2019 ANNUAL TOWN MEETING
APRII.1
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables or Town Clerk of the Town of Lexington, in said County, Greetings:
In the name of the Commonwealth of Massachusetts,you are directed to notify the inhabitants of the Town of
Lexington qualified to vote in elections and in Town affairs to meet in their respective voting places in said Town.
PRECINCT ONE, SCHOOL ADMINISTRATION BUILDING; PRECINCT TWO, BOWMAN SCHOOL;
PRECINCT THREE, LEXINGTON COMMUNITY CENTER; PRECINCT FOUR, CARY MEMORIAL
BUILDING; PRECINCT FIVE, SCHOOL ADMINISTRATION BUILDING; PRECINCT SIX, CARY
MEMORIAL BUILDING; PRECINCT SEVEN,ESTABROOK SCHOOL; PRECINCT EIGHT, SAMUEL
HADLEY PUBLIC SERVICES BUILDING; PRECINCT NINE, KEILTY HALL, ST. BRIGID'S CHURCH,
On Monday,the Fourth Day of March 2019
From 7:00 a.m. to 8:00 p.m., then and there to act on the following article:
ARTICLE 1 NOTICE OF ELECTION
Two Selectmen for a term of three years;
One Selectman for a term of one year;
One Moderator for a term of one year;
Two members of the School Committee; for a term of three years.
One member of the Planning Board for a term of three years;
One member of the Lexington Housing Authority for a term of five years.
Nine Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve for terms of
three years; the one receiving the next highest number of votes to fill an unexpired term ending in March 2021; the
next highest number of votes to fill an unexpired term ending in March 2020;
Seven Town Meeting Members in Precinct Two,the seven receiving the highest number of votes to serve for terms of
three years;
Seven Town Meeting Members in Precinct Three,the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Five,the seven receiving the highest number of votes to serve for terms of
three years;
Seven Town Meeting Members in Precinct Six,the seven receiving the highest number of votes to serve for terms of
three years;
Seven Town Meeting Members in Precinct Seven,the seven receiving the highest number of votes to serve for terms
of three years
Nine Town Meeting Members in Precinct Eight,the seven receiving the highest number of votes to serve for terms of
three years;the two receiving the next highest number of votes to fill unexpired terms ending in March 2020;
Eight Town Meeting Members in Precinct Nine,the seven receiving the highest number of votes to serve for terms of
three years;the next highest number of votes to fill an unexpired term ending in March 2020.
4
You are also to notify the inhabitants aforesaid to meet at the Margery Milne Battin Hall in the Cary Memorial
Building, 1605 Massachusetts Avenue, in said Town,
On Monday,the twenty-fifth day of March 2019 at 7:30 p.m.,
at which time and place the following articles are to be acted upon and determined exclusively by the Town
Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum
provided for by Section eight of said Chapter, as amended.
ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN
BOARDS, OFFICERS AND COMMITTEES
To see if the Town will vote to approve the Deputy Moderator nominated by the Moderator;receive the reports of any
Board or Town Officer or of any Committee of the Town; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This Article remains open throughout Town Meeting and reports may be presented
at any Town Meeting session by boards, officers,or committees. In addition,the Town will consider
the approval of the nomination of a Deputy Moderator as authorized under Section 118-11 of the Code
of the Town of Lexington.
ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES
To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham
and Susanna E. Cary; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This is an annual article that provides for the appointment of citizens to the Cary
Lecture Series by the Moderator.
FINANCIAL ARTICLES
ARTICLE 4 REDUCE COMMUNITY PRESERVATION ACT(CPA) SURCHARGE RATE FROM 3%
to 1% PURSUANT TO G.L. c. 44B, § 16 (Citizen Article)
To see if the Town will vote to change the current CPA surtax rate from 3%down to 1 %,providing an immediate tax
break to all Lexington residents.
(Inserted by Bridger McGaw and 9 or more registered voters)
FUNDS REQUESTED: None.
DESCRIPTION:This article seeks to reduce the CPA surcharge net to provide tax relief to Lexington
residents.In addition,special considerations must be given to covering debt for previous CPA-funded
projects,maintenance of historic properties, and future conservation land purchases.
ARTICLE 5 ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS
To see if the Town will vote to adjust the current eligibility limits for property tax deferrals under Clause 41 A of
Section 5 of Chapter 59 of the Massachusetts General Laws as authorized by Chapter 190 of the Acts of 2008; or act
in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: Chapter 190 of the Acts of 2008 allows Town Meeting, with the approval of the
Board of Selectmen,to make adjustments to the current deferral eligibility limits.
ARTICLE 6 APPROPRIATE FOR CREMATION FACILITY AT WESTVIEW CEMETERY
(Citizen Article)
To see if the Town will vote to raise and appropriate a sum of money for design,engineering and architectural services
including site work, value engineering, and cost estimating for plans and specifications to construct new Cremation
5
Facility at the Westview Cemetery and for the payment of all other costs incidental or related thereto;determine whether
the money will be provided by the tax levy,by transfer from other available funds,by borrowing,or by any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by Dinesh Patel and 9 or more registered voters)
FUNDS REQUESTED: unknown a press time
DESCRIPTION: These funds will permit the design and construction work of a new crematorium at
the Westview Cemetery.
ARTICLE 7 APPROPRIATE FUNDS FOR THE CREATION OF A LEXINGTON ECONOMIC
DEVELOPMENT STRATEGY(Citizen Article)
To see if the Town will vote to appropriate a sum of money to fund the cost of developing an Economic Development
Strategy to be led by the Economic Development Office. The report will be submitted to the Town Manager and
Selectmen and published on the Town Website within 6 months of passage of this article.
(Inserted by Bridger McGaw and 9 or more registered voters)
FUNDS REQUESTED: $100,000
DESCRIPTION:The funds requested under this article will go to the development of a holistic
Economic Development Strategy that will provide recommendations for changes to zoning,permitting,
design guidelines,marketing, outreach, and development mitigation.
ARTICLE 8 FUNDING FOR SUSTAINABILITY ACTIONS
(Citizen Article)
To see if the Town would endorse the establishment of a revolving fund or other similar mechanism,which would use
revenue,grants,or savings generated by Sustainable Action Plan programs to fund additional programs proposed under
the Sustainability Action Plan and approved by the Board of Selectmen;or any other mechanism in furtherance thereof.
(Inserted by Ricki Pappo and 9 or more registered voters)
DESCRIPTION: This article seeks to establish a revolving fund,or some other mechanism,from the
earnings of projects promoted through the Sustainable Action Plan for the Town to invest in future
actions proposed under the Sustainable Action Plan.
ARTICLE 9 SUSTAINABILITY DIRECTOR(Citizen Article)
To see if the Town will vote to raise an appropriate sum of money for the purpose of hiring a Sustainability Director
whose explicit responsibility is, in collaboration with Sustainable Lexington, to oversee the implementation and
effective management of the recommended actions in the Sustainable Action Plan, and the Net Zero Emissions
Roadmap; or to act in any other manner in furtherance thereof.
(Inserted by Ricki Pappo and 9 or more registered voters)
DESCRIPTION: The funds requested under this article will go to the salary and benefits for a
Sustainability Director, whose duties will include recommending, developing, monitoring, and
securing grants for programs designed to enhance Lexington's long term sustainability and resilience.
ARTICLE 10 APPROPRIATE TO POST EMPLOYMENT INSURANCE
LIABILITY FUND
To see if the Town will vote to appropriate a sum of money to the Town of Lexington Post Retirement Insurance
Liability Fund, as established by Chapter 317 of the Acts of 2002; determine whether the money shall be provided by
the tax levy,by transfer from available funds, including enterprise funds, or by any combination of these methods; or
act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $1,885,486
6
DESCRIPTION: This Article will allow the Town to continue to fund its liability for post-employment
benefits for Town of Lexington retirees. Beginning with the FY2007 audit, the Town was required
to disclose this liability. Special legislation establishing a trust fund for this purpose was enacted in
2002.
ARTICLE 11 APPROPRIATE FY2020 OPERATING BUDGET
To see if the Town will vote to make appropriations for expenditures by departments,officers,boards and committees
of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax levy,by transfer
from available funds, by transfer from enterprise funds, or by any combination of these methods; or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: See the most recent version of the FY2020 budget proposals posted at
lexingtonma.gov/budget.
DESCRIPTION: This Article requests funds for the FY2020(July 1,2019-June 30,2020)operating
budget. The operating budget includes the school and municipal budgets. The operating budget
includes requests for funds to provide prospective salary increases for employees, including salaries
to be negotiated through collective bargaining negotiations. The budget also includes certain shared
expenses.
ARTICLE 12 APPROPRIATE FY2020 ENTERPRISE FUNDS BUDGETS
To see if the Town will vote to appropriate a sum of money to fund the operations of the DPW Water and Wastewater
Divisions and the Department of Recreation and Community Programs;determine whether the money shall be provided
by the estimated income to be derived in FY2020 from the operations of the related enterprise, by the tax levy, by
transfer from available funds, including the retained earnings of relevant enterprise fund, or by any combination of
these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED:
Enterprise Fund FY2018 FY2019 FY2020
a) Water Actual ppropria a F;equested
Personal Services $674,791 $77106 $785M10
Expenses $383,853 $494M25 $508,875
Debt Service $1,470,390 $1,463,902 $19277,412
MWRA Assessment $7,246,531 $7,12806 $7184007
Total Water Enterprise Fund $99775,565 $9,8579819 $109412,104
b) Wastewater
Personal Services $230,757 $359,312 $355,614
Expenses $325,482 $408 J 50 $432,950
Debt Service K033,672 $1120304 $11253,756
MWRA Assessment $71402,979 $71402,979 $811431277
Total Water Enterprise Fund $89992,890 $9,373,445 $109185,597
c) Recreation and Community Programs
Personal Services $112781403 $19416,168 $194711683
Expenses $L246,737 $15434,325 $19481,895
Subtotal-Personal Services/Expenses $29525,140 $29850,493 $29953,578
Debt Service $100,000 $0 $0
Total Recreation and Community Programs
Enterprise Fund $29625,140 $2,850,493 $29953,578
7
DESCRIPTION: Under Massachusetts General Laws Chapter 44,Section 53FY2,towns may establish
Enterprise Funds for a utility, health care, recreation or transportation operation, with the operation
to receive related revenue and receipts and pay expenses of such operation. This article provides for
the appropriation to and expenditure from three enterprise funds previously established by the Town.
The Recreation and Community Programs Fund includes the operations and programs for the
Community Center.
ARTICLE 13 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS
To see if the Town will vote, pursuant to Chapter 44, Sections 53EV2 and of the Massachusetts General Laws and
Chapter 110 of the Code of the Town of Lexington, to continue existing revolving funds; to amend said Chapter 110
to establish new revolving funds;to determine whether the maximum amounts that may be expended from such new
and existing revolving fund accounts in FY2020 shall be the following amounts or any other amounts; or act in any
other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED:
Program or Purpose for Revolving Funds FY2020 Authorization
School Bus Transportation $111509000
Building Rental Revolving Fund $5451000
DPW Burial Containers $501000
Lexington Tree Fund $451000
DPW Compost Operations $76000
Minuteman Household Hazardous Waste Program $2201000
Regional Cache -Hartwell Avenue $105000
Senior Services Program $7500
Health Programs $451000
Tourism/Liberty Ride TBD
Visitors Center TBD
Residential Engineering Review TBD
DESCRIPTION:The amount that may be spent from a revolving fund established under Massachusetts
General Laws Chapter 44, Section 53E1/2 must be approved annually by Town Meeting. The Funds
are credited with the receipts received in connection with the programs supported by such funds,and
expenditures may be made from the revolving fund without further appropriation.
ARTICLE 14 APPROPRIATE THE FY2020 COMMUNITY PRESERVATION COMMITTEE
OPERATING BUDGET AND CPA PROJECTS
To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY2020
Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee,
to appropriate from the Community Preservation Fund, or to reserve amounts in the Community Preservation Fund
for future appropriations; for the debt service on previously authorized financing; for the administrative expenses of
the Community Preservation Committee for FY2020; for the acquisition,creation and preservation of open space;for
the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation,
preservation,rehabilitation and restoration of land for recreational use; for the acquisition, creation,preservation and
support of community housing; and for the rehabilitation or restoration of open space and community housing that is
acquired or created with moneys from the Community Preservation Fund; to appropriate funds for such projects and
determine whether the money shall be provided by the tax levy, or from estimated Community Preservation Act
surcharges and the state match for the upcoming fiscal year, by transfer from available funds, including enterprise
funds,by borrowing, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Community Preservation Committee)
8
FUNDS REQUESTED:
a) Conservation Land Acquisition-TBD
b)Willard's Woods Site Improvements- $13 8,273
c)Archives &Records Management/Records Conservation&Preservation- $20,000
d)Battle Green Master Plan-Phase 3- $253,394
e) 9 Oakland Street- Renovation and Adaptive Re-Use- $70,000
f)Athletic Field Complex at Minuteman Regional Vocational Technical School- TBD
g) Old Reservoir Bathhouse Renovation- $620,000
h)Park Improvements-Hard Court Resurfacing- $70,000
i)Park Improvements-Athletic Fields- $435,000 (subject to reduction if(f) is fully funded)
j)Playground Replacement Program-Bridge- $302,000
k) LexHAB-Preservation,Rehabilitation, and Restoration of Affordable Housing- $99,700
1) CPA Debt Service- $3,094,680
m)Administrative Budget- $150,000
DESCRIPTION: This Article requests that Community Preservation funds and other funds, as
necessary,be appropriated for the projects recommended by the Community Preservation Committee,
the debt service on previously authorized projects, and for administrative costs.
ARTICLE 15 APPROPRIATE FOR RECREATION CAPITAL PROJECTS
To see if the Town will vote to appropriate a sum of money for recreation-related capital projects and equipment; and
determine whether the money shall be provided by the tax levy, by transfer from available funds, including the
Recreation and Community Programs Enterprise Fund,by borrowing,or by any combination of these methods; or act
in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Recreation Committee)
FUNDS REQUESTED: $125,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at http://
www.lexingtonma.gov/f
y20cqpital.
ARTICLE 16 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money for the following capital projects and equipment:
a) Hydrant Replacement Program;
b) Storm Drainage Improvements and NPDES compliance;
c) Comprehensive Watershed Stormwater Management Study and Implementation;
d) Townwide Culvert Replacement;
e) Center Streetscape Improvements- Construction;
f) Automatic Meter Reading System;
g) Sidewalk Improvements;
h) Hill Street New Sidewalk Project;
i) Equipment Replacement;
j) Townwide Signalization Improvements;
k) Street Improvements;
1) Transportation Mitigation;
m) Municipal Technology Improvement Program;
n) Application Implementation;
9
o) Network Core Equipment Replacement; and
p) EV Charging Stations.
and authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other
interests in land necessary therefor; determine whether the money shall be provided by the tax levy,by transfer from
available funds, including enterprise funds,by borrowing, or by any combination of these methods; determine if the
Town will authorize the Selectmen to apply for,accept,expend and borrow in anticipation of state aid for such capital
improvements; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $12,521,005
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at http://
www.lexingtonma.gov/f
y20cqpital.
ARTICLE 17 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS
To see if the Town will vote to make water distribution system improvements, including the installation of new water
mains and replacement or cleaning and lining of existing water mains and standpipes, engineering studies and the
purchase and installation of equipment in connection therewith, in such accepted or unaccepted streets or other land
as the Selectmen may determine,subject to the assessment of betterments or otherwise;and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for
such improvements and land acquisition and determine whether the money shall be provided by the tax levy, water
enterprise fund, by transfer from available funds, including any special water funds, or by borrowing, or by any
combination of these methods;to determine whether the Town will authorize the Selectmen to apply for,accept,expend
and borrow in anticipation of federal and state aid for such projects; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $2,200,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at http://
www.lexingtonma.gov/f
y20cgpital.
ARTICLE 18 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS
To see if the Town will vote to install and line sanitary sewer mains and sewerage systems and replacements and
upgrades to pump stations thereof,including engineering studies and the purchase of equipment in connection therewith;
in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of
betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in
amendment thereof,or otherwise; and to take by eminent domain,purchase or otherwise acquire any fee,easement or
other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine
whether the money shall be provided by the tax levy, wastewater enterprise fund, by transfer from available funds,
including any special wastewater funds,by borrowing,or by any combination of these methods;to determine whether
the Town will authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid
for such wastewater projects; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $1,700,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at http://
www.lexingtonma.gov/f
y20cqpital.
10
ARTICLE 19 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money to maintain and upgrade the schools'technology systems
and equipment; determine whether the money shall be provided by the tax levy,by transfer from available funds,by
borrowing, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the School Committee)
FUNDS REQUESTED: $1,743,900
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at htT
www.leximY,tonma.gYov/f
y20cqpital.
ARTICLE 20 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS
To see if the Town will vote to appropriate a sum of money for capital improvements and renovations, including new
construction to public facilities for:
a) Public Facilities Bid Documents;
b) Facility and Site Improvements
• Building Flooring Program;
• School Paving& Sidewalks Program;
c) Municipal Building Envelopes and Systems;
d) School Building Envelopes and Systems;
e) LHS Field House Track Resurfacing;
f) Public Facilities Mechanical/Electrical System Replacements;
g) Westview Cemetery Facility Construction; and
h) Cary Library Children's Room Renovation Design.
and determine whether the money shall be provided by the tax levy,by transfer from available funds,including enterprise
funds,by borrowing, or by any combination of these methods; to determine if the Town will authorize the Selectmen
to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $4,744,053
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment
section of the FY2020 budget. The most recent version of the capital section can be found at http:////
www.lexingtonma.gov/f
y20cgpital.
ARTICLE 21 RESCIND PRIOR BORROWING AUTHORIZATIONS
To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles;
or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt
that is no longer required for its intended purpose.
ARTICLE 22 ESTABLISH,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS
To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from
Stabilization Funds in accordance with Section 513 of Chapter 40 of the Massachusetts General Laws for the purposes
of: (a) Section 135 Zoning By-Law, (b) Traffic Mitigation, (c) Transportation Demand Management/Public
Transportation, (d) Special Education, (e) Center Improvement District; (f) Debt Service, (g)Transportation
Management Overlay District, (h) Capital; (i) Payment in Lieu of Parking; 0) Visitor Center Capital Stabilization
Fund; (k) Affordable Housing Capital Stabilization Fund; (1) Water System Capital Stabilization Fund; and (m)
Ambulance Stabilization Fund; determine whether such sums shall be provided by the tax levy, by transfer from
11
available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This Article proposes to establish, dissolve, and/or fund Stabilization Funds for
specific purposes and to appropriate funds therefrom. Money in those funds may be invested and the
interest may then become a part of the particular fund. These funds may later be appropriated for the
specific designated purpose, by a two-thirds vote of an Annual or Special Town Meeting, for any
lawful purpose.
ARTICLE 23 APPROPRIATE TO GENERAL STABILIZATION FUND
To see if the Town will vote to appropriate a sum of money to the previously created General Stabilization Fund in
accordance with Section 5B of Chapter 40 of the Massachusetts General Laws; determine whether the money shall be
provided by the tax levy,by transfer from available funds,or by any combination of these methods;or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: Money may be appropriated into the Stabilization Fund that may be invested and
the interest may then become part of the fund. These funds may later be appropriated,by a two-thirds
vote of an Annual or Special Town Meeting, for any lawful purpose.
ARTICLE 24 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND
To see if the Town will vote to appropriate a sum of money from the Debt Service Stabilization Fund to offset the
FY2020 debt service of the bond dated February 1, 2003,issued for additions and renovations to the Lexington High
School, Clarke Middle School, and Diamond Middle School, as refunded with bonds dated December 8,2011; or act
in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $124,057
DESCRIPTION: This Article would allow the Town to pay a portion of the debt service on the 2003
School Bonds from the Debt Service Stabilization Fund set up for that specific purpose.
ARTICLE 25 APPROPRIATE FOR PRIOR YEARS'UNPAID BILLS
To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior
years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year
in which the goods were received or the services performed and for which no money was encumbered.
ARTICLE 26 AMEND FY2019 OPERATING,ENTERPRISE AND CPA BUDGETS
To see if the Town will vote to make supplementary appropriations,to be used in conjunction with money appropriated
under Articles 4, 5, 9 and 10 of the warrant for the 2018 Annual Town Meeting, to be used during the current fiscal
year, or make any other adjustments to the current fiscal year budgets and appropriations that may be necessary; to
determine whether the money shall be provided by transfer from available funds including Community Preservation
Fund; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
12
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY2019)
appropriations.
ARTICLE 27 APPROPRIATE FOR AUTHORIZED CAPITAL
IMPROVEMENTS
To see if the Town will vote to make supplementary appropriations to be used in conjunction with money appropriated
in prior years for the installation or construction of water mains,sewers and sewerage systems,drains,streets,buildings,
recreational facilities or other capital improvements and equipment that have heretofore been authorized; determine
whether the money shall be provided by the tax levy,by transfer from the balances in other articles,by transfer from
available funds,including enterprise funds and the Community Preservation Fund,by borrowing,or by any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to supplement existing appropriations for
certain capital projects in light of revised cost estimates that exceed such appropriations.
GENERAL ARTICLES
ARTICLE 28 CONFIRM STREET ACCEPTANCE AND TITLE (PORTION OF PELHAM
ROAD)
To see if the Town will vote to confirm the establishment and acceptance of the layout as a Town way the portion of
Pelham Road from Eliot Road a distance of 526 feet,more or less westerly, as laid out by the Selectmen, all as shown
upon a plan on file in the office of the Town Clerk, dated May 1896 and to take by eminent domain, donation or
otherwise acquire any fee,easement,or other interest in land necessary therefore;or act in any other manner in relation
thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This segment of Pelham Road was accepted by the Town many years ago,but the
record is unclear as to whether it was ever conveyed to the Town. This article will confirm that the
street is an accepted street, and will authorize the Town to take title to this segment of Pelham Road.
ARTICLE 29 CIVIL SERVICE WITHDRAWAL
To see if the Town will vote to revoke the acceptance of Civil Service laws for the Town of Lexington police force at
all ranks, including the Police Chief,thereby removing the police force from the provisions of the Civil Service Laws,
and the rules and regulations relating to the same,provided that this revocation will not affect the Civil Service status
of existing personnel in their current positions; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This Article requests approval to prospectively remove all uniformed members of
the Lexington Police Department,including the position of Police Chief,from the provisions of Civil
Service law. The Lexington Police Department has been in the state civil service system since Town
Meeting votes in 1911 (police officers) and 1926 (police chief). At that time there was little state
legislation or case law dealing with employee rights or responsibilities. Much has changed since then.
The Town's Police Chief and Town Manager believe that the hiring and promotion requirements under
the Civil Service program restrict the Town's ability to hire the best applicants for the positions. The
proposed change would provide the Town of Lexington with more control over personnel choices by
allowing the Town to set its own policies, requirements and procedures for hiring and, subject to
bargaining, promoting officers. In the past, the Police Department has found it difficult to fill open
positions because of a lack of qualified candidates identified through the Civil Service process,resulting
in unfilled vacancies and higher overtime costs. The change would increase the pool of potential
candidates by opening the process to qualified individuals who have not taken the Civil Service exam.
13
ARTICLE 30 AMEND TOWN BYLAWS-REDUCE/BAN POLYSTYRENE MATERIALS
(Citizen Article)
To see whether the Town will vote to amend the Town Bylaws to reduce or eliminate polystyrene food serviceware
and packaging, or to act in any manner in relation thereto.
(Submitted by Lin Jensen and 9 or more other registered voters)
DESCRIPTION: The purpose of this article is to reduce or eliminate polystyrene food serviceware
and packaging in Lexington.
ARTICLE 31 AMEND TOWN BYLAWS TO REDUCE/BAN SINGLE-USE PLASTIC
BEVERAGE STRAWS AND STIRRERS (Citizen Article)
To see whether the Town will vote to amend the Town Bylaws to reduce or eliminate single-use plastic beverage straws
and plastic stirrers, or to act in any manner in relation thereto.
(Inserted by Lin Jensen and 9 or more registered voters)
DESCRIPTION: The purpose of this article is to reduce or eliminate single-use plastic straws and
stirrers in Lexington.
ARTICLE 32 ADDITION OF CAPITAL EXPENDITURES COMMITTEE-RELATED PROVISIONS TO
THE REPRESENTATIVE TOWN MEETING AND SELECTMEN-TOWN MANAGER ACTS
To see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts General Court to enact
legislation regarding the Town's Capital Expenditures Committee in substantially the form below, and further to
authorize the Board of Selectmen to approve amendments to said act before its enactment by the General Court that
are within the scope of the general objectives of the petition; or act in any other manner in relation thereto.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 1. Section 3 of Chapter 215 of the Acts of 1929, as previously amended, is hereby amended by striking
the phrase "chairman of the appropriation committee" and inserting in its place the phrase "chairpersons of the
appropriation and capital expenditures committees".
SECTION 2. Section 2(c)of Chapter 753 of the Acts of 1968,as previously amended,is hereby amended by inserting
after the phrase "appropriation committee"the phrase",the capital expenditures committee".
SECTION 3. This act shall take effect upon its passage.
(Inserted by the Board of Selectmen)
DESCRIPTION: This Article proposes updates to the Representative Town Meeting and Selectmen-
Town Manager Act to more accurately reflect the Capital Expenditures Committee's activities and
responsibilities throughout the year, including at all Town Meetings.
ARTICLE 33 RENAME "BOARD OF SELECTMEN" TO
"SELECT BOARD"
To see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts General Court to enact
legislation to change the name of the Board of Selectmen to the Select Board and the title of"Selectman"to "Select
Board Member"in substantially the form below,and further to authorize the Board of Selectmen to approve amendments
to said act before its enactment by the General Court that are within the scope of the general objectives of the petition;
or act in any other manner in relation thereto
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the
same, as follows:
14
SECTION 1. Notwithstanding any General or Special Law to the contrary, the Board of Selectmen of the Town of
Lexington shall be referred to as the"Select Board of the Town of Lexington"and individual members of said Board
shall be referred to as "a member of the Select Board."
SECTION 2. This act shall take effect upon its passage.
(Inserted by the Board of Selectmen)
DESCRIPTION: This Article seeks special legislation to use a gender neutral name for the Board of
Selectmen. Several other Massachusetts cities and towns have taken this step.
ARTICLE 34 RENAME "BOARD OF SELECTMEN" TO "SELECT BOARD" -
GENERAL BYLAW
To see if the Town will vote to amend its General Bylaws to change all references to the "Board of Selectmen" to
"Select Board," and all references to individual Selectmen to "a member of the Select Board"; or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This Article would change the name of the Board of Selectmen to make it gender
neutral throughout the Town's General Bylaws.
ARTICLE 35 AMEND ARTICLE III OF CHAPTER 118 (Citizen Article)
To see if the Town will vote to amend Article III of Chapter 118 of the Code of the Town of Lexington, to improve
debate and subsidiary motion procedures; or to act in any other manner in relation thereto.
(Inserted by Matthew Daggett and 9 or more registered voters)
DESCRIPTION:This article proposes revisions to Town meeting's rules of debate,subsidiary motion,
and/or amendment procedures to develop criteria for ensuring a minimum of debate has occurred
before subsidiary motions can be offered or debate closed.
ARTICLE 36 IMPLEMENT AN OUTCOMES-BASED APPROACH TO TOWN BUILDING
PROJECTS (Citizen Article)
To see if the Town will vote to request the Board of Selectmen and School Committee adopt an outcomes-based,high
performance building policy for operation of existing Town buildings and design and operation of all new Town
building and renovation projects.
(Inserted by Bridger McGaw and 9 or more registered voters)
FUNDS REQUESTED: None
DESCRIPTION: This article seeks Town Meeting approval to adopt an outcomes-based building
management process that emphasizes a.) Setting clear targets or outcomes for the performance of
current and planned buildings in the areas of health, energy performance, energy management and
resilience; b.) Assessing gaps against those outcomes; and c.) Utilizing those outcomes for the
beginning stages of future building development and in prioritizing operating/capital budget projects.
ZONING ARTICLES
ARTICLE 37 RENAME "BOARD OF SELECTMEN" TO "SELECT BOARD" -
ZONING BYLAW
To see if the Town will vote to amend the Town's Zoning Bylaw to change all references to the"Board of Selectmen"
to "Select Board" and all references to individual Selectmen to "a member of the Select Board"; or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen)
15
DESCRIPTION: This Article would change the name of the Board of Selectmen to make it gender
neutral throughout the Town's Zoning Bylaw. Because changes to the Zoning Bylaw require a different
procedure than changes to a general bylaw,this Article is proposed separately from Article 34.
ARTICLE 38 AMEND ZONING BYLAW AND ZONING MAP, 186 BEDFORD STREET
(Owner Petition)
To see if the Town will vote to amend the Zoning Map and Bylaw of the Town,based on the information provided in
the applicant's Preliminary Site Development and Use Plan ("PSDUP") for the property commonly known as Town
of Lexington Assessors'Map 64, Parcel 68 at 186 Bedford Street; or to act in any other manner relative thereto.
(Inserted by 186 Bedford St, LLC)
DESCRIPTION: The proposed Article would rezone the property from the present RS One Family
Dwelling District to a PD Planned Development District.This would allow for renovation and addition
to the existing buildings on the above parcel which is identified on a Plan entitled: Proposed Mixed-
Use Development - 186 Bedford Street, Lexington, Massachusetts I Preliminary Site Development
and Use Plan dated December 20,2018,prepared by Highpoint Engineering,Inc. and on file with the
Lexington Town Clerk and Planning Board, with metes and bounds shown on the attached Legal
Description.
ARTICLE 39 AMEND ZONING BYLAW-LIMITED SITE PLAN REVIEW
(CITIZEN ARTICLE)
To see if the Town will vote to amend the Zoning Bylaw to reasonably regulate land uses protected by MGL c. 40A§
3 through site plan review, or act in any other manner in relation thereto.
(Inserted by Jeanne Krieger and 9 or more registered voters)
DESCRIPTION: The changes proposed under this article would provide for site plan review, to the
extent possible, of exempt uses protected under MGL c. 40A§ 3 ('Dover amendment uses').
And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the
Bylaws of the Town.
Hereof fail not, and make due return on this warrant,with your doings thereon,to the Town Clerk, on or before the
time of said meeting.
Given under our hands at Lexington this 41h day of February 2019.
Suzanne E. Barry, Chairman Selectmen
Joseph N. Pato of
Douglas M. Lucente
Jill I. Hai Lexington
A true copy,Attest:
Michael R. Barry
Constable of Lexington
16
BOARD OF SELECTMEN
TOWN OF LEXINGTON
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� APRILI9l �
��EXINGT �
T TO THE
JAL TOWN MEETING
March 2019
Board of Selectmen:
Suzanne E. Barry, Chairman, Douglas M. Lucente, Vice-Chairman,
Joseph N. Pato, Jill I. Hai, Mark D. Sandeen
Kim Katzenback, Executive Clerk
Table of Contents
Message from the Board of Selectmen Page 2
Board of Selectmen Goals FY2019-FY2020 Page 3
Article 42 ATM 2015-Special Permit Residential Develop )
Referral to the Board of Selectmen Page 4
Hartwell Avenue Zoning Initiative Page 7
Affordability for the Residents Page 8
Municipal &School Building P Page 9
March 2019
The Board of Selectmen has prepared this written report to Annual Town Meeting 2019
under Article 2. This report contains an update to Town Meeting on the status of Article
42-Special Permit Residential Development Permits that was referred back to the Board
at Annual Town Meeting 2018. This report also covers four her areas the Board felt
would be of interest to Town Meeting. They are: Board of en Goals for FY2019-
FY2020,the current status of the Hartwell Avenue Zonin e, the current status of
addressing Affordability for the Residents and the tatus of Municipal and
School Building Projects.
Should you have any questions or comments g this repo and encourages
you to get in touch with any r f the hru email:
selectmen@lexin tog nma•gov or by callin rd ctmeri s O 81-698-4580)
to schedule an in person meeting.All five m oard hold regu arly scheduled
office hours in the Selectmen's Of at Town ss otherwise noted) as follows:
• Suzie Barry, Chai 4:00-
• Doug Luc e, Vice- an• -5:00 pm
• Joe ay 10. am
Wet ay 2:0 at the Community Center
• ill m
n day 3:00-4:00 pm
Respectfully submitted,
Lexington Board of Selectmen
Suzanne E. Barry, Chairman
Douglas M. Lucente, Vice-Chairman
Joseph N. Pato
Jill I. Hai
Mark D. Sandeen
Board of Selectmen Goals FY2019-FY2020
Each spring following the Annual Town Meeting,the Board of Selectmen meet to discuss
their goals for the upcoming fiscal year and to establish and confirm what their guiding
principles will be as a means of informing staff and to help guide the annual budget
process. During the goal setting process, input is solicited from and received from: Staff,
Board members, Boards and Committees and the community For the FY 2019-FY2020
process,the Board evaluated over 60 submissions and narro focus to 22 categories
which were then prioritized and assigned to a Selectma lectmen to shepherd.
Assignments are specifically made so that while each may be assigned as the
single member to a goal, all of the Selectmen are as ' ith each other when
two selectmen are assigned to a goal; we feel a ac s work and grow
together as a team. Once approved by the Bo Goal Setti dsheet with the
goals and action items is posted to the Se l web age on t website. The
goals established in June of 2018 for FY20 0 ar ital Planni wn Manager
Recruitment, Public Safety Facilities, Affor esidents, Pu lic Information
& Communications, Planning/Ho ing, Zoni es, Sustainability; Standards and
Process for Building Projects, tion ental Health and Wellness,
Public Service Impacts of Cha aphic ity, New Revenue Sources,
Complete Streets; Road and Si ce, ity Accessibility Support,
Review Charges and Work of A d mmittees, Vacant Buildings,
Comprehensive PI a Req ning Bylaw, Achieve League of
American Bicyc ' Bicyc ly ommunity Status, Onboarding
Superintende e 11 11111s Ass t for Year 1 of Age Friendly Initiative in
Lexington (Liv i eati mmittee Support and Parks and Open
Space Op ortunit ittee. 22 goals is an ambitious amount of
work to y ,however, some of the goals dovetail into work
we implete them all, no. Will we make progress on some of
t ost e 'nly moving in that direction.
Article 42 ATM 2018-Special Permit Residential Development (SPRD)
Referral to the Board of Selectmen
At ATM 2018, Town Meeting voted to refer Article 42, a citizen's article to revise the
Special Permit Residential Development (SPRD) Bylaw, back to the Board of Selectmen
for further evaluation and work. The Board allocated funds in its budget to cover the
costs of a facilitator for the SPRD committee and a legal consd for actual drafting of
any bylaw revision.
The following committee charge was drafted and app e Board of Selectmen:
SPECIAL PERMIT RESIDENTIAL DEVEL (S ING BYLAW
AMENDMENT AD MITTE
Members: Nine (9) voting; 2 non- iso mittee m ip should be
representative of the broad range of ests. Members should include
residents or individuals worki in Lexing e background or experience in:
• Smart growth resid
• Residential develop tion;
• Residential real estat • A housing policy, development
or construc ' n;
• Land u or en
• Inte
• itte lso inc
• A ele
A me
oft, ttee, the following committees are invited to recommend a
n-voti
Capi nditurwil Committee
pro Committee
App rd of Selectmen. The Board of Selectmen will designate the Committee
Chair, i ation with the Chair of the Planning Board.
Length of Term: The length of term will be from formation through the end of the Town
Meeting session at which a proposed Bylaw is considered.
Staff Support: Technical consultant, committee facilitator or consultant, Planning
Director (limited)
Meeting Times:As determined by the committee. A minimum of three meetings to solicit
public comment and input to be held at times geared to maximize community participation.
Committee Goal: Gather and provide stakeholder input, housing data and draft a
Statement of Values, so that consultants, under direction of the Committee, Elected Boards,
and staff, can develop 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.
Committee Role: This committee will:
1) Undertake a comprehensive listening s garner community and
stakeholder input on a SPRD Bylaw. O e committee, a minimum
of three meetings to solicit public c ould be held at times
geared to maximize community p t n. Inp hould include that
on community housing nee obligations, pedal Permit
residential developments, a ated c sand bene
2) Summarize and contextuali n' t in a writte ort
3) Work with Elected board repre , the public, and appropriate
consultants to rev' e Curren e work from the Residential Policy
Committee, an nd 20 l Town Meetings on the same
subject, and dr D z aw. Bylaw should include
consideration for o ohe ess of resulting developments
withi ontext o u is effort should include input and
do rom munity.
4) e Di s ommission, the Council on Aging, the
rvati miss io ther relevant stakeholders.
Delivera
1) P e Board of Selectmen once per month from
ov 8 t ompletion.
zo w amendment warrant article, consistent with specifications
s s icable.
The avii,11111111 me f the Ad-Hoc SPRD Committee are:
• f Selectmen)
• e (Planning Board)
• Scot r
• Matt D ggett
• Heather Hartshorn
• Joyce Murphy
• Richard Perry
• Taylor Singh
• Betsey Weiss
The committee has held three meetings,with a fourth scheduled before the end of March
2019 during which we have examined the existing bylaw, projects produced since its
inception and reviewed the intentions of the bylaw. We have also reviewed the Town's
Housing Production Plan and its goals. We have heard from experts on inclusionary
zoning and affordable housing. The committee has looked at alternative zoning from
neighboring communities and options employed elsewhere. The minutes of these
meetings are on file, and available on the Town's website and the meetings are taped by
LexMedia and available for viewing on demand.
In April 2019, the committee will be holding two public sessio s seeking input from the
community;a morning session on April 23,2019 and an eve Sion on April 25.2019.
More information on these sessions will be coming soon.
Hartwell Avenue Zoning Initiative
The Board of Selectmen have continued to explore strategies with respect to economic
development and zoning initiatives in the north section of Hartwell Avenue.
The commercial property values in Lexington have been relatively flat over last ten years.
In response to this an Economic Development Summit was held in June 2017. At this
meeting a continued interest was expressed for the Town to toward enhancing our
commercial tax base. The Selectmen requested the To o work with staff on
developing recommendations for zoning changes fort en and the Town at large
to consider.
The Town hired an urban design team an estate an help develop a
conceptual vision with planning strategie artwell No The Hartwell
North area has been determined as o e la opportun r economic
development.
In May 2018 a joint meeting of of Sele d the Planning Board was held
to discuss the rezoning of the nue c at would allow for revised
building heights, mixed-use, ad g r ent changes, and plans for
new streetscape to improve access a h rea. At this community-wide
meeting the consult n an were presented. The feedback
and concerns by ere to o traffic, fiscal impact, and Town
character.
Meanwhile, the orking with property owners on smaller
initiati ro n itions in the area. In December, the Board of
Sele a nse o a new restaurant on Maguire Road, and recently
11111'o area property owners to look at opportunities for
m the nee lab and office space.
The Sel re ted to continue working on this initiative. Recently, the Town
hired new lanning Department and we look forward to working with
them, the To ger, and the Planning Board on this long-range project. Area
residents and c tercial property play a important role in the development of any new
bylaws. The Selectmen will work them to ensure changes have a positive impact. With
continued growth at Hanscom Air Force Base and Lincoln Labs, we will also pursue
options for financing any traffic improvements at both the State and Federal level.
Affordability for the Residents
The Selectmen have adopted a goal to minimize the burden of property tax increases on
residents. To this end our aim is to: 1. Keep average residential property tax increase at
or below 2.5% not including increases due to debt exclusions. 2. Keep total average
residential property tax increase spikes at or below 5'%. 3. Provide tax relief programs to
reduce the burden on seniors and other vulnerable populatio
The Board created the Ad Hoc Residential Exemption Pol' Committee in January
2018 with the task of making policy recommendations dopting the Residential
Exemption as allowed in state law. The commit t Bearings in May and
December of 2018,held several panel sessions w' u ma its and conducted
a town-wide survey with 1475 responses.
Mid-way through its work the committ4,,,,,,,,
for as grante e Board an
expanded charge including investigating op exemption models that would
require a home-rule petition t the state ra Work on the committee's
recommendations is ongoing ected t ented to the Board later this
Spring.
In addition, the Board h schedul an r May 2019 to review tax and
budget policies.
Municipal & School Buildings
Lexington Fire Department Headquarters:
Construction Start Date: Early November 2018
Estimated Project Completion Date: March 2020 (possible feb 20 occupancy)
Project Budget: $19,943,700
Funding: STM 12017-Article 2/STM 4 2017-Article 4/ATM 2018-Article 13
Since November 2018 site work has included the abatement of the existing building,
traffic signal relocation from the basement,building demolition,the construction of storm
water retention basins, relocation of existing sewer lines and temporary relocation of
Camelia Place. Unanticipated contaminated soils have been removed from below the
foundations in concert with DEP approvals and project shop drawings and submittals
have been processed.The old foundations and slabs have been removed.The site grading
is nearly complete. The next few items are the installation of the helical piles and the
arrival of steel. Fairly soon you'll begin to see the building construction starting.
Lexington Police Department:
Start Date: Schematic Design is underway
Estimated project completion date: Fall/Winter 2021
Project Budget: Currently $1,862,622 has been appropriated thru Construction
Documents
Funding: ATM 2018-Article 14
The police station design process is underway. Initial stages include re-affirmation of the
needs program, and working with the draft refinements to the Sustainable Building
Policy with regard to design input and process. Additionally a thorough review of the
issues surrounding the transitional needs of the existing radio / 911 / communications
systems when considering the relocation to 173 Bedford street and then back to the new
facility.
Visitors Center:
Start date: Construction expected to start May 1, 2019
Estimated project completion date: March 25, 2020
(Landscaping to be completed by June 1st 2020)
Project budget: $4,575,000
Funding:
Bid process is currently underway. Exiting Visitors sales area and offices including
equipment and supplies will move into the Cary Memorial Building after Patriots' Day
2019 and before the end of April.
Westview Cemetery Administration Building
Start date: Design Development is complete and the Construction documents have
started
Estimated project completion date: Fall 2020
Project budget: $281,000 for design and $2,800,000 for construction
Funding:
Funding for the Construction of the Building will come to AT 2019 under Article 209.
Hosmer House:
Article 5 of the 2018 Special Town Meeting appropriat for the study
regarding relocation or renovation of the Hammon se, located at 1557
Massachusetts Ave. A committee has been form p es from the Board
of Selectmen, Permanent Buildings Commute ical Com istoric
Districts Commission, Public Facilities Dep and the Archit ' m LDa. The
committee has begun its work and expec4 pu ' put sessio pril.
Maria Hastings Elementary School:
Construction Start Date: May of 2018
Estimated Project Completion Date: October 2020 (Student relocation to new school-
February 2020)
Project Budget: $65,279,418
Funding: STM 12016-Article 3/ATM 2017-Article 17/STM-3 2017-Article 2
The Hastings School Project was bid as a Construction Manager at Risk Contract and is
being built by Walsh Brothers Construction of Boston. An early site Package and Early
concrete & steel packages where bid and executed on site starting in May of
2018. Currently the steel frame work is complete The last of the concrete floor slabs is
being poured over the next few weeks,while, roofing, Metal wall framing and sheathing
are underway on upper levels. The 80 Geo-thermal wells have been drilled and testing
and protection of the wells is being completed as continued work is underway on this
system. Site work as well continues and the day to day staffing on the project increases
each week as more opportunities for subcontractors opens up with increasing square
footage inside the building becomes available for work.The Scope and Budget agreement
with the MSBA defines approx. $16,500,000 in reimbursement from the MSBA to
Lexington on this project. Additional energy incentives with the utility companies are
also being pursued.
Lexington Children's Place:
Construction Start Date:
Early Site Contract: May 2018
New Building Contract: October 2015
Estimated Project Completion Date:
Early Site completed: September 2018
New Building Complete: October 2019 (Building Occupancy 8/15/19)
Project Budget: $15,079,342
Funding:STM 1 2017-Article 4 /STM 2 2017-Article 3/ATM 2018-Article 12
Lexington's Children's Place work started with an early site package in May of 2018 to
abate and demolish the former school building and prep the earthwork to receive the new
building and foundations. This work closed out in September of 2018 and the new
building project began. CTA construction is tasked with the new building project The
foundations and steel frame are complete. Dense glass sheathing is being installed to the
perimeter and interior rough in work is underway. The first half of the concrete slab on
grade is poured and the second half is currently being prepared. The project is scheduled
for occupancy in mid-August 2019 for use at the start of the 2019-2020 school year.
Lexington High School
SOI info here
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Selectmen- Committee Reappointment & Resignation
PRESENTER: ITEM
NUMBER:
S uzie Barry, Chairman
I.4
SUMMARY:
Reappointment:
Policy Manual Committee
- Joseph Pato - current term expires March 31, 2019
Resignation:
Sustainable Lexington Committee
The Board is asked to accept the resignation of Mark Sandeen from Sustainable Lexington Committee. The
Board extends its thanks and appreciation to Mr. Sandeen for his time and effort in serving the Lexington
Community.
SUGGESTED MOTION:
Move to reappoint Joseph Pato as a member of the Policy Manual Committee for a two year term to expire
March 31, 2021.
Move to accept the resignation of Mark Sandeen from the Sustainable Lexington Committee.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
3/25/2019 6:50 p.m.
ATTACHMENTS:
Description Type
D Sustainable I exdn.gion.C,ornf-ruttee Resign.ation I etter VIL Sandeen. I.I.,ick.up Matetial.
10 Brent a
Lexington, MA 02420
March 4, 2019
uie Barry
Chair, r a t e
'Townof Lexington
1625 Massachusetts ue
Lexington, MA 02420
Dear Suzie,
This letter is to inform t since I was elected tote Board of Selectmen, l will be resigning
from position as a member and Chair of the Sustainable Lexington Committee.
Best regards,
Mark Sandeen
1110
„w019
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Minutes
PRESENTER:
ITEM
NUMBER:
S uzie Barry, Chairman
C.1
SUMMARY:
The minutes of the fo llo wing meeting d ate s are ready for your review and approval:
• December 6, 2018 Summit II
• January 31, 2019 Summit I I I
• February 22, 2019 BOS
• February 25, 2019 BOS
• March 3, 2019 BO S
• March 5, 2019 BO S
The minutes of the fo llo wing Executive Sessions are ready for your review and approval:
• February 25, 2019 ES
• March 5, 2019 ES
SUGGESTED MOTION:
Move to approve the minutes of:
• December 6, 2018 Summit 11
• January 31, 2019 Summit I I I
• February 22, 2019 BOS
• February 25, 2019 BOS
• March 3, 2019 BO S
• March 5, 2019 BO S
Move to approve but not release the Executive Session Minutes of:
• February 25, 2019 ES
• March 5, 2019 ES
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
3/25/2019
ATTACHMENTS:
Description Type
D 2018.1106 BOS Summit 11 T-kackup Material
D 2019.01.31 Suryin-lit III I kickup MIlaterial.
D 2019.02-22 BOS 13ackup Matcrial
D 2019.02-25 1.30S I 3ackup NII.atetial
D 2019.03.03130S 13acb,,ip MIlaterial.
D 2019.03,05 BOS -13ackup NII.ate-daid.
Page 1 of 6
Financial Summit Meeting II
Board of Selectmen, School Committee, Appropriation Committee
and Capital Expenditures Committee
Thursday December 6, 2018
A Financial Summit meeting was held on Thursday, December 6, 2018 at 7:03 p.m. at the
Samuel Hadley Public Services Building Cafeteria, 201 Bedford Street. Present for the Board of
Selectmen(BOS) were Ms. Barry(Chair); Mr. Pato; Mr. Lucente; Ms. Hai; Mr. Malloy, Town
Manager; Ms. Kosnoff, Assistant Town Manager for Finance; Ms. Hewitt; Budget Officer; and
Ms. Siebert, Recording Secretary.
Present for the School Committee (SC) were Ms. Jay (Chair); Ms. Colburn; Ms. Lenihan; Ms.
Sawhney; Dr. Hackett, Superintendent of Schools; and Mr. Rowe, Assistant Superintendent of
Schools for Finance and Operations. Present for the Appropriation Committee (AC) were Mr.
Bartenstein (Chair); Mr. Levine; Mr. Padaki; Ms. Yan; Mr. Neumeier; Ms. Basch; Mr. Nichols.
Present for the Capital Expenditures Committee (CEC) were Mr. Kanter(Vice Chair); Mr. Cole;
Ms. Manz; and Mr. Smith.
FY2020 Revenue Projections and Revenue Allocation
Ms. Kosnoff said projected Revenue in FY2020 is expected to increase by $7,943,950 to
$229,265,581 which is 3.59% over FY2019. This increase is slightly lower than the increases in
FY2018/19 (4.0%) and FY2017/18 (4.9%). Major items contributing to growth in Revenue are
the annual tax levy increase of 2.5% and projected New Growth of$2,500,000. Ms. Kosnoff
termed the New Growth estimate as "conservative", noting that New Growth has annually
exceeded $3M for the last several years. Total increases from these two Revenue sources is
projected as $6.9M.
State Aid is expected to increase 1.3% or $182,250. In prior years, State Aid increased by a
greater amount because the State was trying to meet the minimum-per-student aid target.
Local Receipts are more challenging to predict due to greater variability. Overall, FY2020 Local
Receipts are expected to increase 3.2% ($430,406) over FY2019.
Free Cash has been certified at $13.4M, a 7.9% increase over the prior year.
FY2020 will be a re-evaluation year and; historically, tax abatement applications have been
higher in these years. Therefore, the Overlay allocation has increased by 20% ($150,000).
Ms. Manz (CEC) asked why there is such a drop in the FY2020 New Growth projection.
Ms. Kosnoff said that New Growth, based on commercial and residential real estate
development, is difficult to predict and a conservative projection is better than one that is overly
optimistic. New Growth is also attributable to Personal Property, a topic that will be discussed in
greater detail later in the meeting.
Mr. Kanter (CEC) asked why Chapter 70 funds appear on the balance sheet while Chapter 90
funds do not. Mr. Malloy replied that Chapter 90 could be categorized as a "reimbursable grant."
Page 2of6
Ms. Barry(BOS) asked why Veteran Services has been level funded if the caseload is
decreasing, as the department has reported. Mr. Malloy said that Veterans' Benefits revenue lags
behind a year from expenses. The Town will check to see if the number should be adjusted in
subsequent years due to lower caseloads.
Ms. Kosnoff said that FY2020 Revenue Set-Asides for Designated Expenses can come from one
or more of three different sources: Tax Levy; Free Cash; and the Capital Stabilization Fund. She
noted that the line item "Appropriate into Capital Stabilization Fund"has been decreased from
$2.5M at the Summit I to $1.6M at Summit II. A new line item "Transition Free Cash out of
Operating Budget" marks the effort over the coming five years to gradually move away from
using Free Cash to support the Operating Budget; Ms. Kosnoff stated that best practices use Free
Cash for one-time expenses and not for the Operating budget.
Addressing Other Post Employee Benefits (OPEB), Mr. Levine (AC) asked if there will be a
transfer again this year from the Health Insurance Trust Fund. Ms. Kosnoff stated that $750,000
will be transferred to OPEB via the Tax Levy to slowly eliminate the Trust as required by the
Department of Revenue.
Mr. Kanter (CEC) asked if there has been consideration of moving away from the degree to
which budget projections have been conservative so that less Free Cash is generated. Mr. Malloy
said that each line item could be scrutinized to determine where Free Cash is being generated but
he fears this will send a message to departments that if they do not use their allocations entirely,
they will erode their baseline budgets for the next budget cycle.
Mr. Padaki (AC) said that quarterly forecasts could be used to hold departments accountable to
projected expense and revenue targets.
The Revenue Allocation Model shows that there is $229,266,000 to be allocated in the FY2020
budget. Ms. Kosnoff noted that the "Tax Levy Support for the Community Center" line item has
been moved out of the Shared Expenses budget into the Municipal column. Summing up all
expenses, in the model (FY2019 School and Municipal Base budgets„ Shared Expenses, and
designated Set-Asides), the total committed amount for FY2020 is $221,321,000; the difference
between this and the total amount available $7,944,000 , is the incremental amount which will be
proportionally split between the Municipal side (26.3%) and the School side (73.7%). To be used
in creating their FY2020 budgets. The Municipal-side would therefore receive just over$2M in
revenue and the Schools would receive $5.89M.
Mr. Kanter (CEC) requested that the BOS revisit its policy on how discretionary funds applied to
potential uses (e.g., the Other Post Employment Benefits Trust Fund (OPEB), the Pension
Liability, etc.).
Ms. Colburn (SC) asked why Street Improvement is categorized as an expense shared by the
Municipal and School budgets. Ms. Kosnoff said that her understanding is that the practice of
sharing this expense stems from an agreement made following a previous override. Ms. Colburn
asked if it is policy that the incremental revenue resulting from every operating override be
deemed a Shared Expense. Ms. Kosnoff does not believe this has consistently been the practice,
Page 3of6
but she noted that if the Expense were wholly on the Municipal side, the Municipal side would
receive a higher percentage of Unallocated Revenue. Ms. Barry said that the policy decision to
treat Street Improvement as an ongoing Designated Set-Aside was a one-time override decision
in 2001 and does not apply to all overrides and debt exclusions.
Mr. Bartenstein(AC) asked if the $1,900,000 in Free Cash Set Asides treated as "unallocated"
lb($200,000 for unanticipated current year expenses, ) 000,000 general unallocated, and
$700,000 transitioned out of the Operating Budget but otherwise unallocated), is consistent with
with the amount set aside in prior years. Ms. Kosnoff said that it was.
Mr. Levine (AC) recalled that in years past, the Revenue Model has been fluid throughout the
fall months. Ms. Kosnoff said the amounts do fluctuate and Set-Aside items are still up for
discussion and could be reallocated to other areas such as Capital projects or Reserves.
Mr. Kanter (CEC) said that turned-back funds from either Municipality or Schools could be used
for anything deemed necessary or appropriate. He reported that CEC members believe the terms
of the 2001 override are no longer relevant and that the basis for the request should be in terms
of the DPW needs.
Mr. Levine (AC) said the disposition of the Set-Asides will be determined by the time Town
Meeting convenes. If money remains after budget needs are satisfied, he prefers available funds
to go to the Capital Stabilization Fund in preparation for the eventuality of the upcoming large
Capital projects, such as the High School.
Ms. Yan (AC) asked what is driving the $893,498 Facilities Department increase. Ms. Kosnoff
reported that this is based on utility costs, expanded building square footage, and the
Environmental Protection Agency's MS4 Stormwater compliance.
Ms. Barry(BOS) asked what the impact would be on Lexington's member costs if the Town of
Belmont re joins the Minuteman High School consortium. Ms. Kosnoff said if new communities
join, Lexington's portion of the Minuteman High construction debt would decrease.
Mr. Kanter (CEC) asked that a consensus vote be taken of whether the committee members
present support moving Street Paving out of Shared Expenses. The Selectmen caucused and
determined this topic merits further discussion at a future meeting.
Ms. Kosnoff highlighted several policy issues for consideration:
• Review a plan for eliminating Free Cash in the Operating Budget
• Discuss best practice for using one-time funding such as retire the land purchase note;
Cash Capital; or transfer to the Capital Stabilization Fund
• Future Capital Plan inventory of needs, prioritization of projects
• Review policy for Within Debt Levy Debt Service
Mr. Malloy read the portion of the Government Finance Officers' Association regarding
"Achieving a Structurally Balanced Budget", specifically highlighting the recommendation that
one-time revenues, such as Free Cash, not be used for Operating expenses. This best practice is
Page 4 of 6
the reason he has recommended the transition of$700,000 in Free Cash out of the FY2020
Operating Budget.
Mr. Levine (AC) said he believes calling Free Cash non-recurring is inaccurate because,
although the funds that make up Free Cash come from variable sources, Free Cash will continue
to be generated every year.
Mr. Bartenstein(AC) noted that the Town has enjoyed a structural surplus for nearly a decade
and that surplus funds have been available beyond budget needs have been used to create
substantial Reserve funds.
Mr. Padaki (AC) asked if the certified Free Cash would be level at the end of the five-year draw-
down. Ms. Kosnoff said that she does not expect Free Cash to remain in the $13M range. She
noted that Rating Agencies have expressed displeasure that the Town has used Free Cash in the
Operating budget. She agrees that Free Cash will continue to be generated but also believes
finances will get tighter over the next few years.
FY2020 Debt Service Projections
Ms. Kosnoff said Capital funding is a subject of keen interest. She focused projections for Debt
Service on General Fund Debt, both within levy and exempt.
Within -Levy Debt Service:
General Fund Issued Debt is about $8M currently and projected to steadily drop off until
FY2027. General Fund Land Purchases Debt is being paid down rapidly; this year about $3M
was paid. Unissued General Fund Debt includes all debt authorized by Town Meeting that has
not yet been bonded; Ms. Kosnoff has used all of the debt to calculate the model but she does not
expect all the authorizations to be acted upon as originally envisioned. Most of this type of debt
is short term and projected to level off quickly, meaning there is remaining capacity for
additional borrowing.
Ms. Kosnoff said that approximately$17.3M total in Capital project debt is in the FY2020
pipeline, including the Center Streetscape ($8.2M of the $9.M total) and the Minuteman Fields
Project($5M of the $8M total); a portion of each of these projects is Community Preservation
eligible. The Capital Plan currently in place is to hold bonded debt increases to 5%per year,
which would be about $6M in FY2020, significantly less than the $17M requested.
Ms. Kosnoff noted that Revenues will also increase yearly over time, but if Revenues do not
keep pace with debt service obligations, the Operating budget will be adversely affected. The
Capital Stabilization Fund will be used to "shave off the peak" of debt service impact,
particularly in the next couple of years. Ms. Kosnoff noted that the Capital Stabilization funds
are currently modeled to mitigate existing and contemplated with in-levy and excluded debt
service until FY2024, at which time the balance might be available for other capital projects. The
funds would run out if they are used more aggressively.
Page 5of6
Ms. Colburn (SC) asked what the balance of the Capital Stabilization Fund will be in FY2024.
Ms. Kosnoff projected that $6.7M will remain in the Fund at that time, although it is possible
more funds may be added in the interim.
For clarification, Mr. Kanter(CEC) asked for an itemization of approved and not approved
projects. He also asked for clarification on amounts used for Within-Levy Debt service so that it
is clear what remains for future Excluded Debt projects.
Exempt Debt Service:
Ms. Kosnoff noted that the terms of many of these loans are 30 years. The three authorized
projects included in the model are the Hastings School, the Lexington Children's Place, and the
Fire &Rescue Station, the majority of which have not yet been bonded. It is assumed that the
funding for the Police Station, including the corresponding swing space, will move forward at
the next Annual Town Meeting and that debt exclusion votes will authorize the borrowing. The
anticipated High School project has been projected in the model but in only a general way; the
project would add significantly to the current level of excluded debt and Ms. Kosnoff said that
addressing this impact will require careful consideration.
Mr. Kanter (CEC) asked what working number was used in the model for the High School. Ms.
Kosnoff said she made very general assumptions, calculating $350M for the project at a 5%
interest rate over 30 years. The debt service for the High School is envisioned to start in FY2023.
A 35% Massachusetts School Building Authority(MSBA) reimbursement rate was assumed
when calculating the project amount.
Mr. Levine (AC) said it would be helpful to know how much was projected to be used from the
Capital Stabilization Fund to mitigate this debt load. Ms. Kosnoff said she believes it important
to revisit the mitigation plan to determine how to best deploy the Fund.
Next Steps:
The Municipal and School sides will use the Revenue allocations to develop FY2020 Operating
budgets. Recommended Town Manager and Superintendent of Schools budgets will be presented
in January.
Confirm Date for Summit III
Summit III will take place on Thursday, January 31, 2019, at 7 p.m. in the Samuel Hadley Public
Services Building Cafeteria at 201 Bedford Street. Discussion will include: the FY2020
Municipal and School budgets; a more clearly defined short- and long-range Capital Plan; policy
issues raised in Summit II.
Adjourn
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at 8:50 p.m.
A true record; Attest:
Kim Siebert
Page 6of6
Recording Secretary
Page 1 of 5
Financial Summit Meeting III
Board of Selectmen, School Committee, Appropriation Committee
and Capital Expenditures Committee
Thursday, January 31, 2019
A Financial Summit meeting was held on Thursday, January 31, 2019 at 7:05 p.m. at the Samuel
Hadley Public Services Building Cafeteria, 201 Bedford Street. Present for the Board of
Selectmen(BOS) were Ms. Barry(Chair); Mr. Pato; Mr. Lucente; Mr. Malloy, Town Manager;
Ms. Kosnoff, Assistant Town Manager for Finance; Ms. Hewitt; Budget Director; and
Ms. Siebert, Recording Secretary. Ms. Hai was absent.
Present for the School Committee (SC) were Ms. Jay (Chair); Mr. Alessandrini; Ms. Colburn;
Ms. Lenihan; Ms. Sawhney; Dr. Hackett, Superintendent of Schools; and Mr. Rowe, Assistant
Superintendent of Schools for Finance and Operations. Present for the Appropriation Committee
(AC) were Mr. Parker(Chair); Mr. Bartenstein; Mr. Michelson; Mr. Levine; Mr. Padaki; Ms.
Yan(late arrival); Mr. Neumeier; Ms. Basch; Mr. Nichols. Present for the Capital Expenditures
Committee (CEC) were Mr. Lamb (Chair); Mr. Kanter; Mr. Cole; Ms. Beebee; Ms. Manz; and
Mr. Smith.
FY2020 Preliminary Budget and Financing Plan
Mr. Malloy, Town Manager presented the preliminary FY2020 Operating and Capital Budget
recommendations.
The FY2020 budget is balanced. Revenue sources are projected to total $229,13 6,434, an
W01 1,622 change over FY2019. The total Tax Levy projection for FY2020 is $183,792,412, an
increase of$6,987,835 over FY2019. State Aid is projected at $16,211,973, an increase of
$215,638 over FY2019. Local Receipts are projected at $14,086,885, an increase of$486,165.
The recommended expenditures totals $229,136,434, an increase of $8,029,397over FY2019. It
was noted that actual revenue has followed projected revenues over time, for the most part.
Expenditures for the Lexington Public Schools in FY2020 are projected at $113,970,176, an
increase over FY2019 of$5,858,731 over FY2019. Minuteman High School expenses are
projected to be $2,489,979, an increase of$362,762 over FY2019. Municipal Department
expenditures are projected at $40,264,265, and increase of$1,982,230 over FY2019. Shared
expenses are expected to be $60,303,768, an increase of$794,910 over FY2019.
Mr. Malloy highlighted a set-aside new line item in the summary: "Transition Free Cash Out of
Operating Budget" for$700,000 and said that Moody's, the bond rating agency, states that one-
time revenue should not be used in support of the Operating Budget. Mr. Malloy recommends
that the Town incrementally reduce its reliance over 5 years of Free Cash revenue in the
Operating budget.
Mr. Malloy noted two new anticipated sources of revenue: a 6% short-term rental room tax, from
Airbnb-type properties, in the form of Local Receipts from the State; and a fee from third party
Page 2of5
reviews of proposed residential development and the effects on abutting properties.
Mr. Malloy said for FY2021 he will recommend the creation of an Enterprise Fund using an
additional development fee. The Fund will assist the Town with stormwater management costs
and National Pollution Discharge Elimination System (NPDES) compliance.
Mr. Malloy noted several recommended expenditures that furthered identified Selectmen goals:
Police Station Facility Construction Funds (Goal 3): $25,651,792; Pedestrian, Bicycle and
Vehicle Safety on Town Roads (Goals 7 and 10): $9,273,880; Collaboration with Minuteman on
Recreation Fields (Goal 1) $4,900,000; Cemetery Building Construction and Review of
Crematorium (Goal 12) $2,800,000; Community Mental Health Programs (Goal 10) with funds
from the School Department budget in FY2020.
Mr. Malloy reported that the Town is considering decreasing the estimate on the number of
employees that are expected to enroll in the Health Insurance Benefit Program. This action is
based on trends over the last few years and would in FY2020 decrease the Health Insurance
appropriation by $115,000. This action would provide an additional $85,000 for the School
Department and about $30,000 for the Municipal Departments in the revenue allocation model;
on the Municipal side, the funds would provide support for the Town's Mental Health initiatives.
Mr. Malloy presented breakdown summaries of budget allocations and shared expenses for
FY2020. He recommended that $1,885,486 be appropriated into the Reserve Fund for Post-
Employment Benefit(OPEB) and $1,600,000 into the Reserve Fund for Capital Stabilization.
Mr. Malloy noted that $106,000 of the Facilities Department increase is related to utility prices,
particularly for new buildings that will not immediately have solar power generating systems
installed.
Mr. Malloy reported the Center Streetscape Improvements project may be eligible for funding
through the Mass Works grant program. He recommends the Town continue to move forward
with funding for the project but said it should postpone the project for a year to pursue the grant
as secured local funding is a prerequisite of the Mass Works grant process. The timing of the
debt for the project, should borrowing ultimately be necessary, would also coincide with the end
of payments for land purchases and would therefore be more advantageous vis-a-vis the debt
burden.
Continuing policy issues center around: the Capital Stabilization Fund; OPEB; unallocated
revenues for contingencies; Hartwell Avenue re-development; Personal Property New Growth;
reduction of Free Cash use for the Operating budget; reduction of debt service reliance for
Capital projects; and a re-evaluation of the Liberty Ride.
About the reduction of debt service reliance for Capital projects, Mr. Malloy said Free Cash
funds that have been going toward the Operating Budget could instead be used for short lifespan
Capital expenses, like technology purchases, rather than those funds being borrowed.
Page 3 of 5
Some key upcoming dates in the pre-annual Town Meeting budget process include: February 22,
2019 -Approval of recommended Operating and Capital Budget by the Selectmen; March 1,
2019 - Distribution of Selectmen's recommended budget to financial committees/Town Meeting
members; April 1, 2019. Earliest date Town Meeting will consider financial articles.
Mr. Kanter(CEC) asked if paydown of current debt for the Pelham Road and Bedford Street
land purchases could be done more quickly. Mr. Malloy will examine.
Mr. Pato (BOS) asked that the concept of not taxing to the full extent possible be considered;
specifically that currently unallocated funds would not be applied to the budget as a way of
offering some residential tax relief.
Mr. Kanter(CEC) said he encourages consideration of the concept but asked that the funds also
be considered as way to accelerate the pension payoff date.
Mr. Levine (AC) said he does not agree that Free Cash is one-time revenue since it recurs.
However, he does not have a problem with redeploying Free Cash to support cash capital
expenditures but doing so should result in a compensatory reduction of debt service allocation.
He asked that a plan be developed for how this affects within-levy debt service.
Mr. Bartenstein (AC) said, if the current annual amount of$2M spent on stormwater
management becomes something that is covered by fees, it would in effect provide an additional
$2M in the tax base without an override. He suggested that a baseline of$1 M be kept in the
budget and that the fees cover amounts over the $1 M.
Mr. Michelson(AC) asked, related to the idea of not taxing to the full extent possible, that a
policy be developed to protect residents from a jump in taxes in the event that the unused levy
capacity suddenly be needed.
Mr. Padaki (AC) asked how the third-party review subcontractor would be chosen to assess
development abutter impact. Mr. Malloy said the Town would select the company and the
developer would pay the cost.
Mr. Padaki (AC) asked if alternative funding sources for the Visitors Center project have been
identified. Ms. Kosnoff said the Town has applied for grants that have not yet materialized.
However, the State has provided $200,000 towards the project and there have been about$8,000
in donations.
Mr. Alessandrini (SC) said that the School Committee is considering raising student athletic fees
by$50. He asked whether, instead, a proportion of funds might be diverted from OPEB. Mr.
Malloy said that, as more employees are hired, the Town's OPEB liability increases. He added
that bond rating agencies scrutinize how a town handles its pension and OPEB liabilities; putting
part of the OPEB funding toward a different project would postpone the impact of meeting the
obligation.
Ms. Colburn(SC) said the Schools are not funding $370,000 in positions in FY2020 but it might
be a solution to use OPEB funds instead of not filling the positions.
Page 4 of 5
Mr. Malloy reported that the Revenue Allocation model shows that the Schools, over the last ten
years, have gotten the larger portion of available revenue. He does not recommend that funds be
diverted from OPEB.
Mr. Lucente (BOS) asked for more information about the $370,000 the Schools wants to raise.
Dr. Hackett reported that enrollment over the last ten years has increased by 1000 students. The
increase in funds the Schools have received has gone to enrollment and mandate costs, not to
program expansion or other educational innovation. The $370,000 is a portion of the $2.4M in
Department requests that the School Committee wants to support but does not have the funds to
do so. Areas that are affected are: additional support for English language learners; intramural
offerings; classroom full time-equivalent personnel (FTEs); and high school guidance counseling
FTEs.
Ms. Sawhney (SC) asked if School and Municipal revenue allocation trendlines would look
similar in comparable towns with enrollment increases. Mr. Malloy said he has not done this
analysis, but he noted that Lexington has had a 17% increase in students but a 70% increase in
funding over the same ten years.
Mr. Bartenstein(AC) said in the future, the revenue allocation model may need to be re-
examined as it is not providing adequate funding to the Schools.
Ms. Kosnoff presented an update about Debt Service Projections, noting some non-significant,
non-structural changes since Summit II. Now reflected in the charts is actual debt to be issued
rather then projected numbers. Ms. Kosnoff noted that the totals are the same but the categories
have shifted in some cases, as have some of the loan term durations. Past practice of keeping
within levy debt and debt service to a 5% increase will be maintained. The Capital Stabilization
Fund is being used to keep the tax burden between 3.2% and 3.7%.
Ms. Kosnoff projected that by FY2025, the Capital Stabilization Fund will be mostly depleted,
including $1.6M to be added in FY2020. Ms. Kosnoff said continuing use of the Stabilization
Fund to offset both within levy debt and excluded debt is a subject for discussion; if it is not
utilized for within levy debt, greater use of Operating Budget funds would be necessary. Ms.
Kosnoff said that by applying the Stabilization Fund, the "average"residential taxpayer would
see a $414 increase in FY2020.
Mr. Kanter (CEC) said he believes taxpayers expect the Capital Stabilization Fund to be used
against the impacts of excluded debt, not within levy debt. He asked how Capital projects can be
reconsidered to lessen future tax impacts. Mr. Parker(AC) said lessening the impact would
require delay or deferment of projects now on the five-year plan.
Ms. Jay(SC) asked if the future high school project is included in the debt model. Ms. Kosnoff
said she included it in the debt graphs but not in the taxpayer impact model.
Ms. Lenihan (SC) asked what amount the high school project has been assigned. Ms. Kosnoff
reported, for the purpose of calculation, she used $350M (borrowed) as a placeholder.
Ms. Colburn (SC) reported, as the Statement of Interest is being written now to the
Massachusetts School Building Authority (MSBA), it appears possible that the high school
Page 5of5
project timeline may accelerate, given the level of need. Mr. Malloy said no specific plan with
regard to high school debt has been created; he and Dr. Hackett will meet to discuss the
associated issues. Ms. Colburn said she believes it is important for Lexington to develop a more
comprehensive economic development strategy to mitigate the residential tax impact.
Capital Expenditures Committee Preliminary Report: FY2020 Proposed Capital Projects
This item was deferred until Summit IV.
Review List of 2019 Annual Town Meeting Articles
The group reviewed the Warrant Articles.
Ms. Barry noted that Town Meeting Member Information Nights are scheduled for March 13 and
March 19, 2019 in Battin Hall in the Cary Memorial Building.
Confirm Date for Summit IV
February 13, 2019 at 7:00 p.m. at the Samuel Hadley Public Services Building Cafeteria, 201
Bedford Street.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 3-0 to adjourn at 8:55 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
Page 1 of 3
Selectmen's Meeting
February 22, 2019
A meeting of the Lexington Board of Selectmen was called to order at 9:00 a.m. on Friday,
February 22, 2019 in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry,
Chair; Mr. Pato; Mr. Lucente and Ms. Hai were present as well as Mr. Malloy, Town Manager;
Ms. Axtell, Assistant Town Manager and Ms. Katzenback, Executive Clerk.
Public Comment
Mr. Kanter stated the Capital Expenditures Committee has prepared their proposal for the
Consent Agenda for 2019 Annual Town Meeting and asked when the Board of Selectmen
anticipate discussing recommendations for the Consent Agenda.
Ms. Barry said that discussion is scheduled for the March 5, 2019 Board of Selectmen meeting.
Selectmen Concerns and Liaison Reports
Ms. Barry reminded the Board the subject of a Board Report to Town Meeting will be on the
Monday, March 25, 2019 Selectmen's Meeting.
Ad Hoc Crematory Study Committee Update
Mr. Lucente said data gathering and analysis is ongoing by the Ad Hoc Crematory Study
Committee and a final recommendation is not going to be ready in time for 2019 Annual Town
Meeting. Mr. Lucente reported that, at this time, the Ad Hoc Crematory Study Committee
recommends to have the Westview Cemetery Project design be addition-ready for a potential
crematory.
Mr. Malloy explained, upon meeting with the Mr. Pinsonneault, DPW Director and Mr. Cronin,
Director of Facilities, it was determined utilities and where they are located would need to be
incorporated into the Westview Cemetery Project design in order to make it addition-ready for a
potential crematory.
Mr. Kanter, Capital Expenditures Committee, stated he hopes this modification to the design
plan does not affect the $2.8M amount being requested for construction design funds in the
Westview Cemetery article being brought forth at the 2019 Annual Town Meeting. Mr. Malloy
said the addition-ready modification is not intended or anticipated to change the $2.8M
construction design funds requested in the Westview Cemetery Article.
Upon a motion duly made and seconded, the Board of Selectmen voted 3-1 (nay vote from Mr.
Pato) to accept the recommendations of the Ad Hoc Crematory Study Committee to make any
Page 2of3
necessary modifications to the Westview building design to make the site and or building able to
accommodate a potential future crematory with up to two retorts and a viewing area up to twenty
five persons, and further to authorize the Town Manager to instruct the Department of Public
Facilities and the Permanent Building Committee (PBC) on these recommendations prior to the
PBC meeting with the Westview Building architect on February 28, 2019.
2019 Annual Town Meeting
Ms. Barry stated the Board will begin discussion for their article presentation assignments,
consent agenda recommendations, and article positions at the March 5, 2019 Board of Selectmen
meeting.
Continue Discussion FY20 Preliminary Budget and Financing Plan
Ms. Barry recused herself for the discussion regarding Other Post-Employment Benefits
(OPEB). Mr. Lucente, presided as Vice Chair for this discussion.
Ms. Kosnoff reviewed the sources of funding for OPEB.
To follow up on the concern he raised at a previous meeting regarding OPEB funding, Mr. Pato
stated that the Board of Selectmen adopted a policy in March 2014 to fund OPEB. Mr. Pato said
he is comfortable in continuing with this policy at this time but would like a study group
reconstituted to research and develop a plan for funding OPEB going forward.
Mr. Kanter, 48 Fifer Lane, said he agrees that an analysis for future OPEB funding should be
performed.
Ms. Barry returned to the meeting to preside as Chair.
Ms. Kosnoff reviewed the changes to the White Book FY20 budget that, once approved, will be
compiled into the Brown Book, the recommended FY20 Budget and Financing Plan for Annual
Town Meeting.
Ms. Barry asked if the $30,000 in the Human Services/Mental Health line item could be reduced
by an amount up to $10,000 to provide matching funds to the Historical Commission for the
grant they are applying to the Massachusetts Historical Commission to correct errors in the
Cultural Resources Survey project.
Mr. Kelland, Historical Commission Chair, thanked the Board for any amount of funds they
would be able to provide for this project.
Ms. Fenollosa, 10 Marshall Road, said as soon as the sources of matching funds have been
arranged, the Lexington Historical Commission needs to provide an update to the Massachusetts
Historical Commission in order for grant application consideration.
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Mr. Kanter, Capital Expenditures Committee, asked to have the Table IX: Deferred FY2020 and
Proposed FY2021 —FY2014 be updated to include FY2020 making it a five year Capital Plan for
publication in the Brown Book.
Mr. Pato expressed his concerns regarding the allocation of funds into the stabilization funds.
Mr. Pato proposed deleting the tax levy contribution into the stabilization fund having it go into
the unallocated portion of the FY2020 budget.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to remove the funding
of$63,241 from Tax Levy to the Capital Stabilization Fund and instead leave it as unallocated.
Approve FY20 Recommended Budget
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the FY2020
Recommended Budget and Financing Plan, as shown in Column F of the Program Summary
with the following amendments:
-Line item 6000-Human Services Expenses be reduced by $10,000 to now reflect $777,609;
-Line item 8110-Selectmen Expenses be increased by$10,000 to now reflect $110,588; and
-Other Category-Allocated to Capital Stabilization Fund be reduced by $63,241 to now
reflect $1,536,759 in column F in turn reflect the amount of($1,878,572) in column G.
Class III License—Correction to Address on License
The 2019 Class III Dealer license for John P. Carroll was issued using the mailing address which
was supplied on their application, not the business address.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to sign the 2019 Class
III Dealer license for John P. Carroll Company Inc. with the address corrected to the business
address of 700 Waltham Street, Lexington.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 10:21 a.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Page 1 of 7
SELECTMEN'S MEETING
Monday, February 25, 2019
A meeting of the Lexington Board of Selectmen was called to order at 6:45 p.m. on Monday,
February 25, 2019 in the Selectmen's Meeting Room of the Town Office Building. The Board
went immediately into Executive Session with a roll call vote of 3-0 under Exemption 6 (Interest
in Real Estate) to consider the purchase, exchange, lease or value of real property, Edison Way
parking spaces owned by the Historical Society; and, upon exiting, returned to Open Session and
called a brief recess until 7:00 p.m. Present were Selectmen Ms. Barry, Chair; Mr. Pato; and Ms.
Hai. Also present were Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager; Mr.
Hudson, Management Intern; and Ms. Siebert, Recording Secretary. Mr. Lucente was absent.
Public Comments
Dawn McKenna, 9 Hancock Street, invited the community to an Election Night party 7:30-
10:00 p.m. on Monday, March 4, 2019 at the Depot Building in the Center.
Selectmen Concerns and Liaison Reports
Ms. Hai:
• The Lexington Historical Society held its annual Taverns at Twilight event on Saturday,
February 23, 2019 at the Buckman Tavern.
Ms. Barry:
• The Town's new Public Information Officer has launched the Town's first official
Twitter account gTownofLexMa
Town Manager er Report
Mr. Malloy:
• 45 Bedford Street update: During the first week in January, more contaminated soil was
found during the demolition process under the footing of the apparatus bay on the site of
the permanent Fire Station on Bedford Street. A work plan for how to address the
material was sent to the Massachusetts Department of Environmental Protection and on
February 20, 2019, the Town received approval from the DEP to move ahead. It is too
soon to know whether the delay will cause the project completion date to change. Ms.
Barry asked that regular updates on the Fire Station project be provided to the Selectmen.
• This Friday, March 1, 2019, the Town Clerk's Office will remain open until 5:00 p.m.
due to the Town Election on Monday, March 4, 2019.
• Both the new Planning Director and new Health Director have been hired and will begin
work soon.
Page 2of7
• New conduit and poles have been installed for the Center recreation lighting project. The
track and field project is out for bid; the project will start on or around June 1, 2019.
• A change has been made to the Town website to make it easier to find information about
Town government volunteer opportunities. A pdf application form can now be filled out
online and all Town committee/board vacancies are listed.
• Due to high winds, there are currently 498 Lexington households without power due to
high winds.
• An Open Meeting Law complaint has been filed with the Town which will be discussed
at the Selectmen's meeting on March 5, 2019. Ms. Barry stated she would be recused
from this discussion as it involves the Police Department, where her husband is
employed.
• A Doodle poll will be created to find a date in April 2019 for QPR Mental Health training
for the Board and School Committee.
Discovery Day Street Fair 2019
Eric Michelson, President Lexington Retailers Association(LRA), asked the Board to approve
the 40th annual Discovery Day Street Fair to be held on Saturday, May 25, 2019 (rain date June
1) with street closures from 6:00 a.m. to 5:00 p.m. in the following areas: Massachusetts Avenue,
from Waltham Street to Meriam Street-both sides and Depot Square; and Muzzey Street, from
Massachusetts Avenue to the first private driveway. The Fair would take place from 10:00 a.m.
until 3:00 p.m.
Permission was requested to park a flatbed trailer in Lexington Center on Massachusetts Avenue
in two metered parking spaces in front of Depot Square starting on Friday, May 17, 2019 and
ending at the conclusion of Discovery Day. A banner publicizing Discovery Day would be hung
on the trailer. Mr. Michelson also asked to hang a banner across Mass Ave, in the same location
as the "Vote"banner; and to provide Free parking at the Central Business District parking
meters, and not to charge for parking in the Depot Lot on Discovery Day. The LRA would cover
the meters with a bag approved by the Parking Management group publicizing the free parking
and the event. Four regular parking spaces would be converted to handicapped spaces.
A letter of request dated February 5, 2019 has been submitted from the LRA, with a copy given
to the Town Managers Office, for use of Emery Park for a concert and for three temporary signs.
Mr. Michelson said a request for approval for a "Beer Garden" will be addressed at a later time.
Ms. Hai approved of moving the event back to Massachusetts Avenue, where it had been before.
She said she would need more information about the Beer Garden, such as if the Police are
comfortable with the idea. She also how much parking revenue would be lost by providing free
parking and how much police details and DPW staff would cost.
Mr. Michelson reported that the LRA pays for police details. DPW will provide trash cans and
trash disposal. Enhanced detours signs would be erected. The LRA also provides a sound system
and port-a-potties. Mr. Michelson said the loss of parking revenue has not been calculated but
free parking has been allowed in the past.
Page 3of7
Mr. Pato said he is comfortable, in principle, with the idea of a Beer Garden knowing that
neighboring communities have done it successfully. He questioned whether wind considerations
might make it challenging to hanging a banner across Massachusetts Avenue for a week.
Ms. Barry would likely be in favor of a banner spanning Massachusetts Avenue but she noted
that other organizations making a similar request have been denied. There is no Town policy for
banners other than those that announce elections. Mr. Malloy will research the matter and bring
it back to the Board. Ms. Barry said she is open to hearing more about the Beer Garden.
Ms. Barry read Mr. Lucente's written comments into the record: Mr. Lucente strongly supports
the proposed changes to Discovery Day, as outlined by Mr. Michelson. He believes moving the
Fair back to Massachusetts Avenue will reinvigorate the event. He would support hanging the
banner across Massachusetts Avenue if it were limited to the week prior to the event.
Dawn McKenna, Tourism Committee Chair, also approved of moving the event back to
Massachusetts Avenue but noted that Memorial Day Weekend is the start of the Liberty Ride
season. She asked that coordination between the LRA and the Liberty Ride take place to ensure
there are no complications. Ms. McKenna noted there is a precedent for a Beer Garden so a
process has already been established. Ms. McKenna reported that previous Boards of Selectmen
have not allowed non-Town entities to put banners across Massachusetts Avenue but banners
have been allowed on light poles.
Ms. Barry asked that the LRA notify businesses inside and outside the Center about the event
and road closures. Mr. Michelson said the LRA is working with Melisa Tintocalis, Director of
Economic Development, to make sure all the appropriate procedures will be followed.
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve restriction
of vehicular access in the following areas for the 40th annual Discovery Day Street Fair to be held
on Saturday, May 25, 2019 (rain date June 1, 2019) from 6:00 a.m. to 5:00 p.m.: Massachusetts
Avenue, from Waltham Street to Meriam Street - both sides; Depot Square; Muzzey Street, from
Massachusetts Avenue to the first private driveway.
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve parking a
flatbed trailer in Lexington Center on Massachusetts Avenue in two metered parking spaces in
front of Depot Square starting on Friday May 17, 2019 and ending at the conclusion of
Discovery Day. A banner publicizing Discovery Day would be hung on the trailer.
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve free parking
at the Central Business District parking meters, and not charge for parking in the Depot Lot on
Discovery Day, whichever day it occurs.
It was noted that all approvals are subject to working out all the details with Town Managers
Office, Public Works and Police and Fire staff.
2019 Fee Schedule for Recreation/Community Programs
Melissa Battite, Director of Recreation and Community Programs, presented a revised Fee
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Schedule, which is reviewed every year by the Board of Selectmen. There are five areas
proposed for increase under Aquatics: non-resident family pass; non-resident individual pass;
resident individual pass; resident family pass; and Youth Swim Lessons. Daily admission for
adult gym users, resident and non-resident would also increase ($5/$6). Summer Youth
Basketball would be increased by$5.00. Co-ed Adult League Softball would increase by$50 to
a total of$500. Ms. Battite reported that the combination of increases would yield approximately
$20,3 82, based on FYI 7 attendance numbers. The fee increases were reviewed using industry
standards.
Ms. Hai said that for those adults who use the gym daily, the $5/$6 increase would amount to a
lot. Ms. Battite said she would look into how the increase would affect frequent users.
Ms. Barry read Mr. Lucente's written comments into the record: He supports the fee schedule as
presented and notes the increases were determined by the Recreation Committee to be in line
with market rates.
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve and adopt
the 2019 recreation fee schedule as proposed
Pelham Road Layout
David Pavlik, Senior Civil Engineer, and Ross Morrow, Assistant Town Engineer, presented the
Pelham Road layout for Board approval. The section of Pelham Road to be approved is between
two already approved sections. One of two direct abutters of the section has kept abreast of the
initiative and is in support of the intent for layout; the second abutter will be informed of the
intent.
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the intent
for layout for a portion of Pelham Road from Eliot Road a distance of 526 feet, more or less
westerly.
Constitution Road Easement
David Pavlik, Senior Civil Engineer; and Ross Morrow, Assistant Town Engineer, presented a
proposed easement agreement for pump station improvements on Constitution Road. Town
Counsel has reviewed and approved the proposed agreement. The Town Engineer has worked
with the property owner and the Town Meeting Pump Station article provides the authority for
the Board to accept the easement.
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the
Constitution Road easement as presented.
Sewer Regulation Amendment
David Pavlik, Senior Civil Engineer; and Ross Morrow, Assistant Town Engineer, presented
changes to sewer regulations within Article III of Chapter 181 of the Lexington Code of Bylaws
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as Section 181-44 (G). This change is required by MA DEP regulations that require this fee to
be charged (314 CMR 12.04). This is one of many anticipated implementations of the statewide
Sanitary Sewer Inflow and Infiltration program. Funds will go into the Sewer Enterprise Fund.
Transportation and Treatment costs, to which the regulation amendment applies, are currently
$16.83/gallon/day.
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the
proposed changes to the Sewer Regulations in Chapter 181 of Lexington Code of bylaws as
presented.
Visitors Center Update
Mr. Malloy reported that the Town has reviewed several different temporary Visitor Center site
options over the past few months. Since buildings fall under the Town Manager, the Board does
not need to take a formal vote on the location of the temporary Visitors Center, but a discussion
to reach Board consensus was requested before moving forward.
Use of the Cary Memorial Library was found to not be appropriate. Temporary trailers for the
Visitors Center and restrooms were also not suitable (and the HDC did not approve of them) and
the cost of daily cleaning for the restrooms was prohibitive. There was no response to the bid for
a private property owner to rent space in the downtown area. The Stone Room in Cary Memorial
Building was considered, using the Robbins Room as back office/storage for the Visitors Center
while the new building is being built. Town staff discussed continuing the Liberty Ride without
having a temporary Visitor's Center but, ultimately, the Cary Memorial Building was deemed the
best option.
The Board, including Mr. Lucente in a written statement, unanimously supported the Cary
Memorial Building option. It was felt that potential building-use conflicts could be worked out.
Dawn McKenna, Tourism Committee Chair, said that a majority of Tourism Committee
members thought the Cary Memorial could work as an interim location. The Committee will
work with Town staff to ensure that tour buses will be able to pull into the Cary Memorial
Building drop-off loop.
2019 Annual Town Meeting: Discuss Board Report to Town Meeting
The following items were identified as being potential topics for the Board's report to Annual
Town Meeting 2019 : The Special Permit Residential Development Ad Hoc Committee; the Ad
Hoc Crematory Study Committee; Municipal Building projects/process and timing; Hartwell
Avenue; the Ad Hoc Residential Exemption Tax Policy Committee; Selectmen's goals. The
Board will finalize the list at a late meeting.
Mr. Pato believes it would be useful to publish the Board's responses to Town Meeting warrant
articles, either in advance or following Town Meeting. Ms. Hai said capturing Board article
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positions by an oral report to Town Meeting might suffice, instead of archiving written
documents.
Also discussed were the Annual Town Meeting 2019 warrant articles presentations that remain
to be made to the Board prior to Annual Town Meeting.
Special Permit Residential Development Ad Hoc Committee Update
Ms. Hai said the SPRD Committee has met three times and Lex Media has recorded the
proceedings. At the most recent meeting, the current SPRD bylaw, its goals, and successes/
shortcomings were reviewed. Katy Lacy from the Massachusetts Housing Partnership gave a
presentation about what innovations other communities are doing vis-a-vis residential permitting,
such as Senior Overlay Districts and Cluster Districts, all offering a density bonus to encourage
diverse housing development. Two reference documents being used by the SPRD are the 2014
Housing Production Plan and the existing Comprehensive Plan. The question posed to the
Committee for consideration is how Lexington defines what it wants, as a town, for housing.
At the next meeting presentations will be made by developers who have had some success in
Lexington to produce alternative housing and by developers who have had Special Permitting
successes in other communities.
Town Manager Reappointment
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the
reappointment of James Athens to the Youth Commission. Mr. Athens has been a member of the
Commission since 2017. His new term will expire April 30, 2021. Mr. Athens' ethics training
are up-to-date.
Selectmen Appointment
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the
appointment of Susan Barrett, Lexington Transportation Manager, to the Massachusetts Bay
Transportation Authority (MBTA) Advisory Board as the Board of Selectmen's Designee.
Consent Agenda
• Water & Sewer Commitments and Adjustments
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the Water
& Sewer Commitment Cycle 9 January 2019 for $262,056.53; the Water& Sewer Commitment
Finals January 2019 for$2,419.99; the Water& Sewer Commitment February 2019 Special
Billing for $511.10 and the Water& Sewer Adjustment as recommended WSAB January 24,
2019 for $ (56,028.84).
0 Approve Minutes
Page 7of7
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the minutes
of November 5,2018;November 19,2018;November 27,2018 (Department Budgets);November
28, 2018 (Department Budgets); November 29, 2018 (Department Budgets); December 3, 2018;
December 17, 2018; January 7, 2019; January 14, 2019; and January 28, 2019.
• Approve One-Day Liquor Licenses
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the One
Day liquor license request from Maddie's Mission to serve beer and wine at the Scottish Rite
Masonic Museum and Library, 33 Marrett Road on Saturday, March 16, 2019 from 6:00 p.m.
until 10:30 p.m. for the purpose of their Foster Care Fundraiser event.
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve five One
Day liquor license requests from Spectacle Management to serve beer and wine at Cary
Memorial Hall Lobby, 1605 Massachusetts Avenue for the purpose of five shows on the
following dates: Ambrosia, Thursday, March 14, 2019 from 7:00 p.m. to 11:00 p.m.; Russian
National Ballet, Thursday March 21. 2019 from 7:00 p.m. to 11:00 p.m.; Lenny Clarke, Friday,
April 12, 2019 from 7:30 p.m. to 11:00 p.m.; Illusionist Rick Thomas, Thursday April 18, 2019
from 7:00 p.m. to 11:00 p.m.; and Southside Johnny, Sunday, April 28, 2019 from 6:30 p.m. to
11:00 P.M.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 3-0 to adjourn at 8:18 p.m.
A true record; Attest:
Kim Siebert,
Recording Secretary
Page 1 of 2
Selectmen's Meeting
March 3, 2019
An emergency meeting of the Lexington Board of Selectmen was called to order at 6:03 p.m. on
Sunday, March 3, 2019 in the Selectmen's Meeting Room of the Town Office Building. Ms.
Barry, Chair; Mr. Pato; Mr. Lucente were present as well as Mr. Malloy, Town Manager; Ms.
Axtell, Assistant Town Manager; and Ms.Katzenback, Executive Clerk. Ms. Hai participated
remotely via phone.
Also present were Chief Corr, Police; Mr. Dugan, Public Information Officer; Mr. Makarious,
Town Counsel; Ms. Rice, Town Clerk.
Also participating remotely were Ms. Battite, Director of Recreation; Mr. Cronin, Director of
Facilities; Acting Chief Sencabaugh, Fire: Mr. Pinsonneault; DPW Director.
Logistics and Potential Rescheduling., Postponement, or Delayed Opening of March 4, 2019
Annual Town Election
Ms. Barry announced Ms. Hai is participating remotely via phone conference. Further, Ms.
Barry stated that a quorum of Selectmen are present at the meeting confirming remote
participation is according to policy. Ms. Barry explained this emergency meeting was called to
discuss the impending snow storm in regards to the scheduled Monday, March 4, 2019 Town
Election.
Mr. Pinsonneault said that snowfall is forecasted to end between 10:00 a.m. and 11:00 a.m. on
Monday, March 4, 2019 with an accumulation of approximately ten inches or more of heavy wet
snow. He explained the DPW crew will stay on top of the street snow removal throughout the
storm noting that sidewalks and parking lots would also be tended to as soon it could be possible.
Ms. Rice said the poll workers indicated they are ready and willing to open and work the polls as
scheduled understanding the inclement weather predictions.
Chief Corr reported that Police staff are ready to report as scheduled for the election.
Mr. Cronin confirmed that the custodians would report as scheduled to clear the snow as required
at the Municipal and School Buildings polling locations.
Mr. Malloy explained that while a decision has not been finalized, due to the storm, it is highly
likely that the schools will be closed on Monday, March 4, 2019.
Mr. Makarious explained the procedure of obtaining a required court order should the Board
decide to delay the election either to a same day late start or a new date.
After discussion of legal requirements, pros/cons, safety, logistics and public communication
regarding the snow storm and the Town Election, the Board agreed the Monday, March 4, 2019
Town Election should proceed as scheduled.
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Mr. Malloy stated an announcement would be distributed via the Twitter, Facebook, Town's
Code Red, and Town website confirming to the community the Town Election is proceeding as
scheduled.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 6:46 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Page 1 of 6
SELECTMEN'S MEETING
Tuesday, March 5, 2019
A meeting of the Lexington Board of Selectmen was called to order at 6:30 p.m. on Tuesday,
March 5, 2019 in the Selectmen's Meeting Room of the Town Office Building. The Board went
immediately into Executive Session with a roll call vote of 4-0 under Exemption 3 to discuss
strategy with respect to collective bargaining related to the Public Works AFSCME Union; upon
exiting Executive Session, the meeting returned to Open Session and a brief recess was called
until 7:00 p.m. Present were Selectmen Ms. Barry, Chair; Mr. Pato; Mr. Lucente; Ms. Hai; and
Mr. Sandeen. Also present were Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town
Manager; and Ms. Siebert, Recording Secretary.
Ms. Barry extended her sincere thanks to the 17% of registered voters who turned out for the
Town Election on Monday, March 4, 2019 under difficult weather conditions. She welcomed
newly-elected Selectman Mark Sandeen to the Board and presented him with a Town of
Lexington lapel pin. Ms. Barry also thanked Senior Management staff for their participation
over the weekend in meetings and conference calls that determined the Town Election would not
be postponed due to weather conditions.
Selectmen Concerns and Liaison Reports
Ms. Hai:
• Ms. Hai expressed her appreciation for the Poll Workers who arrived at their posts during
the worst part of the storm.
• April is Fair Housing Month. The Human Rights Commission will provide fair housing
training workshops for Town officials and Committee/Board chairs. A date has not yet
been determined but Ms. Hai asked interested individuals to contact her.
• "Overcoming Unconscious Bias" training is taking place this evening at the Cary Library.
Ms. Barry:
• Ms. Barry thanked the community for electing her to another three-year term on the
Board of Selectmen.
• A letter was received from Lexington's sister city, Antony, France. The Town is putting
together a delegation to visit Antony in September for its annual wine and cheese festival.
Mr. Lucente:
• Topics at the most recent Permanent Building Committee included: 1) Department of
Environmental Protection approval to move ahead with Fire Station construction at 45
Bedford Street, following the discovery of contaminated soil; 2) a presentation by Don
Mills, architect for the new Visitors Center that reported the access elevator has been
approved by the Massachusetts Architectural Access Board plus the Historic Districts
Committee approval for the Visitors Center project that is on target to be LEED Silver.
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Visitor Center construction bids will be advertised on March 13. 2019 and a bidder tour
scheduled for March 19, 2019. Construction will take place May 2019 to March 2020; 3)
the architect for the Westview Cemetery operations building gave an update; 4) the PBC
discussion of the Sustainable/Integrated Building Policy will continue at their 6 p.m.
meeting on March 12. 2019.
Mr. S andeen:
• Mr. Sandeen thanked the community for supporting his election to the Board.
Town Managers ers Report
• There have been some underground electrical issues in the Center. Eversource has
confirmed that work needs to be done on underground conduits in the next few months. A
representative from Eversource will meet on Friday, March 9, 2019 with DPW Director
Dave Pinsonnault to go over the scope of work to be done prior to any commencement of
the anticipated Center Streetscape project.
• Governor Baker's office has confirmed that the Town's FY20 Chapter 90 funds amount
to $975,165.
• The Town intends to pause involvement with the Minuteman High School Athletic Fields
project. Minuteman's Request for Information has yielded 8 additional interested
partners; therefore, the Town has elected to wait to re-evaluate until after Minuteman has
completed vetting the interested parties process. Mr. Malloy will send letter to this effect
to all stakeholders.
Open Meeting Law Complaint Submitted by Jean Coulter
Ms. Barry recused herself from the discussion as it involves the Lexington Police Department,
where her husband is employed. Mr. Lucente served as Chair.
The Open Meeting Law Complaint was filed on February 25, 2019 by Jean Coulter. The focus of
Ms. Coulter's complaint is her desire to speak at Town Meeting. Mr. Lucente noted that Town
Meeting is one of the five exceptions to Open Meeting Law and, additionally, Ms. Coulter's
letter of complaint does not bear her signature. Lexington has nonetheless elected to respond and
that response is due within 14 business days, although an extension is permitted.
The Attorney General's Guidance permits the public body(Selectmen) to "delegate
responsibility for responding to the complaint to Counsel: on the condition that the body "first
meet to do so." Staff recommends having the matter delegated to Town Counsel by the Board of
Selectmen to handle the response.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to delegate
responsibility to Town Counsel and Town Manager for responding to the Open Meeting Law
Complaint filed on February 25, 2019 by Jean Coulter.
Ms. Barry returned to the meeting.
Page 3of6
2019 Annual Town Meeting
• Update - Article 16 F - Automatic Meter Reading
Mr. Malloy presented the financial element of the Automatic Meter Reading proposal (AMR),
stating that the total cost of the project would be $5.94M from three funding sources: $1 M from
Enterprise Fund retained earnings; $1.5M from an MWRA zero percent interest loan; and
$3.44M in Enterprise Fund debt. The 10-year debt, including 4% interest, would be amortized in
FY2031. Toward the end of the debt timeline, annual debt service costs would decrease and rate
subsidy fees might also decrease in tandem.
Town staff has examined three fee types: a flat fee; a tiered fee, and a combination of flat and
tiered fees. Staff favors the tiered rate because it bears the least impact on Low Rate users who
are often senior citizens. The AMR program includes commercial accounts as well as residential.
Mr. Pinsonnault recommended quarterly instead of semi-annual billing, a change that would
improve cash flow for the Town. Automatic meters would also identify leaks in a more timely
manner and support water conservation. Since 65% of meters are at least 10 years old, meters
will need to be replaced, even if the AMR project is not approved by Town Meeting.
Mr. Pinsonnault listed several other AMR benefits: meter reading staff would not have to enter
private property or pits; there would be a more equitable distribution of MWRA use charges;
staff could use time saved for other water/sewer work; meter tampering, malfunctioning meters,
and reverse flow events would be more quickly detected via remote troubleshooting;
customer/staff call time would be reduced; and, customers would have access to their account
data online.
Ms. Hai asked who would install the meters. Mr. Pinsonnault said a third party would probably
do the replacements. Appointments would be made with homeowners and workers would enter
homes to swap out the meters. Ms. Hai believes the cost of the project is high from a fiscal
perspective, but noted that the project has other benefits. Of the three fee schedules, she prefers
the tiered approach.
Mr. Pato believes the value of AMR is equity and efficiency. He asked to see an analysis of how
much the AMR project would cost over and above what it would cost to replace the 65% of
meters that must be exchanged anyway. Mr. Pato supports embedding the cost of the meters in
the rates.
Ms. Barry supported the tiered rate structure. She also noted that the number and amount of
abatements is something the community is generally unaware of. She asked Town staff to
provide data about these abatements for Town Meeting and to break the information into
categories of cause, such as meter malfunction. She asked about the timeline to replace the
meters. Mr. Pinsonnault said he believes the work would be done in three phases due to volume.
Ms. Barry asked how the data from the meter is communicated to the system. Margaret
McCarthy, Weston and Sampson, said the data is communicated via radio signal. The meters
have batteries but they do not emit noise; a signal is sent if the battery requires replacement.
Page 4 of 6
Ms. Lucente said he is not yet comfortable about the cost of the project, although he agrees that
the issues of abatement and cost over and above the current replacement program are both
important considerations. He supports the tiered structure as presented.
Mr. Sandeen agreed that the tiered fee schedule is preferred. He asked how long meter battery
life is. Ms. McCarthy, Wesson and Sampson, said the battery warrantee is 15 years, about the
same as the meter apparatus replacement cycle. Mr. Sandeen asked what the benefit would be of
quarterly billing over semi-annual billing. Mr. Pinsonnault said that cash flow for the customer
and for the Town are the benefits; the cost of doing quarterly billing is the cost of printing and
mailing two additional invoices each year. Mr. Pinsonnault concurred that there would not be a
dollar for dollar return on investment, but believes the list of intangible benefits is compelling.
David Kanter, Capital Expenditures Committee (CEC), reported that CEC believes the equity
aspect is more compelling than either the financial return on investment and/or the list of
intangible benefits. The Committee would like data on"lost water", or water use not attributable
to any consumer account.
Mr. Malloy said that the cost of the full project is considerable but he noted that this is largely
due to the volume of meters to be replaced; each replacement cost is $411, inclusive of
apparatus, labor, receivers, and software.
David Kanter, Capital Expenditures Committee, said that commercial use and meter accuracy
should be verified carefully.
Mr. Sandeen asked for information about what would happen if radio technology evolves or if
the reporting system stops working.
Review and Approve Local Initiative Program (LIP) Application for Jefferson Drive
Liz Rust, Regional Housing Services Office (RHSO), presented the details of the Local Initiative
Program (LIP) Application for three affordable, deed-restricted units within the Jefferson Drive
Special Permit Development off Grove Street. The LIP application requires that the Lexington
Housing Partnership and the Board of Selectmen approve the initiative before it goes to the State
Department of Housing and Community Development for approval. After approval by the
DHCD, a regulatory agreement will be created and the units will be marketed under affordable
housing lottery process. These units will join Lexington's 30 other deed-restricted affordable
units, yielding a 10% increase in this type of unit.
Ms. Rust stated that she plays three roles in the transaction: the RHSO Director; the lottery agent
of the Sudbury Housing Trust; and an employee of the developer. Ms. Rust has filed the
appropriate disclosures with the Town Clerk.
Jeri Foutter, Lexington Housing Partnership Chair, reported that the Partnership Board voted
unanimously in favor of the LIP application. Betsy Weiss, Housing Partnership Vice Chair,
clarified that one of the units will be in the general affordable housing pool while the other two
would be Local Initiative, meaning that applicants who are residents, have children enrolled in
Lexington Schools, or are employed by Lexington Municipal, School, or in the community are
eligible to apply.
Page 5of6
Marketing will be done through a comprehensive list of publications. Ms. Rust said that the
affordable housing application and lottery process takes about 60 days, once DHCD has
approved the units and the marketing period has elapsed.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and
authorize the Chair to sign the Local Initiative Program Application for a Comprehensive Permit
for the Jefferson Drive development.
Comprehensive Plan Update
Carol Kowalski, Assistant Town Manager for Development; and Ruixi Yuan and Sarah Felton,
co-Chairs of the Comprehensive Plan Advisory Committee (CPAC), presented accomplishments
to date of the ongoing Comprehensive Plan process. Several regional issues/trends panels with
outside experts and three World Cafe events have been held. The CPAC has also established
working groups to study specific subject areas such as Transportation/Housing/Economic
Development; Historic/Natural Resources; and Open Space/Public Facilities. A Planning Board
workshop was held and more will be scheduled.
Ms. Kowalski said that turnout for the World Cafes and panel discussions has been encouraging.
Sub j ect areas with the highest level of participant interest are, in order, transportation; housing;
public facilities including Schools; and economic development. Questions posed to participants
of the World Cafes were: What do you value? On what areas has the Town made positive
progress? What are your concerns? What should be prioritized? The three top priorities were:
affordable housing; the Town Center; and walkability.
Mr. Yuan noted that Lexington is an outlier in some of the regional trends, such as School
enrollment, where it is one of only twelve communities experiencing growth.
Upcoming presentations: Housing & Residential: March 21, 7:00 p.m.; Transportation: April 4,
7:00 p.m.; and Economic Development: April 23, 7:00 p.m.
Ms. Kowaski said the Committee is looking at ways to broaden/continue engagement with the
Comprehensive Plan process over the summer months by considering online participation
portals. It also intends to coordinate with other ongoing initiatives like the Age-Friendly
Community effort. The Comprehensive Plan update has been renamed"Lexington Next".
Richard Canale, Planning Board Chair, noted that the CPAC has exceeded expectations as an
advisory committee. It was noted that the CPAC needs both a representative from Precinct 1 and
a second liaison from the Board of Selectmen.
2019 Annual Town Meeting
• Assignment of Articles to Selectmen
The Board reviewed member article assignments.
0 Article Discussion; Article Positions; Consider Potential ATM Consent Agenda Articles
Page 6of6
These topics will be more fully discussed at the next Board meeting on March 11, 2019.
• Discuss Board Report to Town Meeting
Topics to include in the Board report are updates regarding: the Special Permit Residential
Development ad hoc Committee; Residential Exemption Policy Study Committee; Hartwell
Avenue redevelopment; building projects; review of Selectmen Goals.
Write-ups for the five topics, to be presented orally to Town Meeting, were assigned to Board
members. The Chair will deliver the verbal reports. Word limit on the updates was discussed but
no conclusion was reached.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 9:20 p.m.
A true record; Attest:
Kim Siebert,
Recording Secretary
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve and Sign Letter of Appreciation- Town Meeting Members
PRESENTER: ITEM
NUMBER:
S uzie Barry, Chairman
C.2
SUMMARY
The Board is asked to approve and sign a letter of appreciation to the following former Town Meeting
members who either chose not to run or were not re-elected in the 2019 election cycle:
• Laurel Carpenter(Precinct 2)
• Todd J. Cataldo (Precinct 6)
• Jonathan Cole(Precinct 1)
• Catherine Woodward Gill(Precinct 7)
• Charles Hornig(Precinct 2)
• Ginna Johnson(Precinct 5)
• Janet Kern(Precinct 1)
. Ingrid H. Klimoff(Precinct 2)
• Rita Pandey(Precinct 5)
• William A. Ribich(Precinct 8)
• Geoffrey Xiao (Precinct 7)
The letter offers the appreciation of the Board for their service to the Town and extends the opportunity to
continue to serve on a board or committee or some other way.
SUGGESTED MOTION:
Motion to approve and sign a letter of appreciation to former Town Meeting members.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
3/25/2019
ATTACHMENTS:
Description Type
D Draft "TWIMA Apgr ciation.f Ibir Seirvi(.-,e Backup Material
J tw jl
I I
AP
Tobin of lextngton' Alaoarbu'5ett.5
AN&Er
OFFICE OF SELECTMEN
SUZANNE E.BARRY,CHAIRMAN
JOSEPH N.PATO
DOUGLAS M.LUCENTE
JILL I.HAI TEL: (781)698-4580
MARK D.SANDEEN FAX: (781)863-9468
March 25, 2019
Dear Mr./Ms.,
The Board of Selectmen wanted to thank you for your service as a Town Meeting Member. The Town is fortunate to
have the talents and energies of its many volunteers helping to govern the community.
We appreciate the time and effort you have put into serving on Town Meeting over the years and hope that you will
continue to stay engaged in other ways,perhaps serving on boards and committees, or in another capacity. Please let us
know if there are particular boards that interest you, or if you would like to contribute in another fashion.
Again, thank you for serving the Town. Lexington is a stronger community because of your service.
Sincerely,
Suzanne E. Barry, Chair
Joseph N. Pato
Douglas M. Lucente
Jill I. Hai
Mark D. Sandeen
1625 MASSACHUSETTS AVENUE- LEXINGTON,MASSACHUSETTS 02420
e-mail selectmen@lexingtonma.gov