HomeMy WebLinkAbout2019-06-13 BOS-min
Selectmen’s Meeting
June 13, 2019
A meeting of the Lexington Board of Selectmen was called to order at 5:01 p.m. on Thursday,
June 13, 2019 in Estabrook Hall, Cary Memorial Building. Mr. Lucente, Chair; Mr. Pato; Ms.
Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell,
Assistant Town Manager (late arrival) and Rajon Hudson, Management Fellow.
Public Comments
Susan Eustis, 6 Raymond Street, suggested that the Town create a “Center of Excellence” to attract
companies to Lexington to develop LIDAR to alleviate the tax burden for residents in the
community.
Selectmen Concerns and Liaison Reports
Ms. Hai stated the MAGIC sub-region of MAPC approved their work plan for the upcoming year
consisting of five regional projects. She explained that the September 2019 Antony France trip
planning is underway. She also reported that the temporary Visitor’s center is now operating in the
Cary Memorial Building.
Mr. Pato stated that the Library Board of Trustees met this week at which concern was expressed
due to excessive use of Library restrooms following the movement of the Visitor’s Center. He also
discussed that a former resident approached the Trustees expressing concern that the Stone
Building, that housed the former East Lexington Library, is deteriorating.
Mr. Lucente stated that he read proclamations for the following events in Town: Coach Tighe’s
95thBirthday, Lexington Pride Day-Pride Week, Lexington Goes Purple Days, and Race Amity
Day. Mr. Lucente explained that he attended a vigil in memory of Shen Cai with Ms. Barry. He
also stated that he, along with Ms. Hai, had a preliminary meeting with the Planning Board Chair
and Vice-Chair to have a discussion on the Planning Staff changes. Lastly, he attended, along with
Mr. Sandeen, the graduation of the Lexington Employees’ Academy.
Ms. Barry stated that she attended the Council on Aging meeting, where Sean Dugan, the Town’s
Public Information Officer, was the keynote speaker and discussed ways to communicate and
engage with seniors.
Mr. Sandeen stated that he represented the Board of Selectmen at the Community Endowment of
Lexington Grant Awards Ceremony. Mr. Sandeen also attended the Massachusetts Municipal
Association Policy Committee Meeting and the Net Zero Advisory Council hosted by the
Department of Energy Resources, where the letter that was sent by the Town to the BBRS was
positively received.
Town Manager Report
Mr. Malloy stated that the Automatic Meter Reading Project has started off with Weston &
Sampson and will be managed by the Department of Public Works. He stated that the Waterstone
Project on Waltham Street is going before the Planning Board for site review. He also explained
that the textile recycling program is underway with the expectation of future growth. He further
reported that the Town is undertaking a collaborative effort between the Information Technology
Department (IT) and permitting departments to move the viewpoint software to cloud-based
storage. Finally, he provided a brief presentation on a model ship of the USS Lexington that has
been offered to the Town, by a resident of Belmont, for a vote of acceptance by the Board at a
future meeting.
Ms. Hai stated she heard that some of the business owners on Massachusetts Avenue will be
seeking reparations from Eversource on monetary losses due to the power outage.
Hancock United Church of Christ Commemorative Tree Installation Request
Ms. Barry recused herself, as she is an employee of the Hancock United Church of Christ. Mr.
Sandeen recused himself, as he is a member of the Hancock United Church of Christ.
Susan Rockwell, Historian of Hancock United Church of Christ, provided a brief presentation on
th
the request to plant a commemorative tree on the Battle Green in recognition of their 150
anniversary.
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve Hancock
United Church of Christ to install a granite plaque and plant a tree on the Battle Green in
recognition of their 150th anniversary by coordinating such planting with the Lexington Tree
Warden in accordance to Town of Lexington General Bylaws, Chapter 120.
Approve Amendment to Regional Housing Service Office Agreement
Liz Rust, Regional Housing Service Office, provided a brief presentation on an amendment to the
inter-municipal agreement for the Regional Housing Services Office to remove the Town of
Burlington and to update the annual fee schedule.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to sign the amendment
to the Regional Housing Services Office Agreement to remove the Town of Burlington and to
update the annual fee schedule.
Review Fiscal Year 2020 Lexpress Schedule for Approval
Susan Barrett, Transportation Manager, presented the updated Lexpress schedule and reviewed
plans for distribution.
Ms. Barry suggested the Colonial Times, realtors and school registration offices as additional other
ways to inform new citizens of the Town as to the Lexpress schedule.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the FY2020
Lexpress schedule for distribution.
Tri-Town Transit Study Update.
Susan Barrett, Transportation Director, provided an update on the status of the Tri-Town Transit
Study for the Board's discussion.
Ms. Barry stated that, in a previous meeting with small businesses, frustration was expressed in
getting employees into Lexington from the Merrimack Valley area and further bus services would
be helpful.
Proposal for Friendly 40B Housing – 840 Emerson Gardens Road
Bob Buckley, Riemer & Braunstein LLP representing Emerson Gardens LLC, and Todd Fremont-
Smith, made an initial presentation in regards to the redevelopment of 840 Emerson Gardens Road
through a Local Initiative Comprehensive Permit Project, pursuant to Mass General Laws Chapter
40B. For this meeting, they would like to gain the Board's perspective and suggestions for
adjustments prior to submitting a more formal 40B application. They have been asked to
coordinate with the Housing Partnership Committee.
Mr. Sandeen inquired about the number of units within the building, as well as the proposed use
for the open/wooded area that abuts Page Road and Orchard Lane.
Ms. Hai inquired about the term “age-targeted” and “local preference to the maximum extent
possible”.
Mr. Pato would like to see the proposal as a sustainable design. He expressed concern about the
traffic on bordering streets.
Mr. Lucente reiterated the traffic concern, as well as the possible influx of students as the Town’s
need for diverse housing is met.
Ms. Barry raised a concern that 40B housing projects do not go in front of Town Meeting, nor does
it go in front of the Planning Board. She said she would feel more comfortable if the proposal went
through the process of Town Meeting.
David White, Arlington resident, Friends of Arlington’s Great Meadows, expressed concerns
about the traffic in the area as it is a major access point to Arlington’s Great Meadows.
Bob Pressman, 22 Locust Avenue, Lexington’s Housing Partnership Board, expressed concern
about Town employees not actually living in the Town and having to commute to work. He stated
that 40B housing would be an appropriate way to achieve a more diverse group of residents.
Mr. Lucente stated that a future joint meeting will be put together including the Board of
Selectmen, Housing Partnership Board, and Regional Housing Services Office.
Sale of Bond Anticipation Notes
Carolyn Kosnoff, Assistant Town Manager for Finance, conducted a brief presentation on the
results of the sale of bond anticipation notes for June 2019 to cover spending that is incurred or
expenses going out (for a net positive position at the end of the year).
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the sale of a
$4,539,627 2.00 percent General Obligation Bond Anticipation Note (the “Notes”) of the Town
dated June 26, 2019 and payable February 14, 2020 to Piper Jaffray and Company at par and
accrued interest plus a premium of $14,072.84.
And further: that in connection with the marketing and sale of the Notes, the preparation and
distribution of a Notice of Sale and Preliminary Official Statement dated June 5, 2019, and a final
Official Statement dated June 11, 2019, each in such form as may be approved by the Town
Treasurer, be and hereby are ratified, confirmed, approved and adopted.
And further: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized
to execute and deliver a significant events disclosure undertaking in compliance with SEC Rule
15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall
be incorporated by reference in the Notes for the benefit of the holders of the Notes from time to
time.
And further: that we authorize and direct the Town Treasurer to establish post issuance federal tax
compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer
and bond counsel deem sufficient, or if such procedures are currently in place, to review and update
said procedures, in order to monitor and maintain the tax-exempt status of the Notes and to comply
with relevant securities laws.
And further: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer
be and hereby are, authorized to take any and all such actions, and execute and deliver such
certificates, receipts or other documents as may be determined by them, or any of them, to be
necessary or convenient to carry into effect the provisions of the foregoing votes.
Approve Collective Bargaining Agreement – Lexington Municipal Employees Association
(LMEA)
Ms. Barry recused herself, as her husband is an employee of the Town of Lexington.
Mr. Malloy explained the agreement with the LMEA Union, whereas the agreement provides for
a 2.0% Cost of Living Adjustment (COLA) per year; adjustments to the longevity and clothing
allowances.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and authorize
the Town Manager to sign the Memorandum of Understanding between the Town and the
Lexington Municipal Employees Association for the contract period of July 1, 2019 through June
30, 2022.
Discuss and Approve Electric Charging Station Parking Regulation and Charging Fees
Mr. Malloy presented the Electric Charging Station Regulation, which was reviewed by the
Parking Management Group. This regulation stipulates that (1) all parking fees and rules shall
otherwise apply to the EV charging spaces; (2) that there will be a four hour maximum; (3) that
the electric rate will be as set by the Board of Selectmen; (4) that these spaces are reserved for EVs
and non-EVs will be subject to a $25 fine.
Mr. Lucente expressed concern in regards to the numbering of the regulations and would like to
see them restructured.
Mr. Sandeen felt that the time limit listed within the regulation was appropriate for each location,
except for the Depot lot. He was questioning whether or not the regulation was per the parking
spot.
Mr. Lucente expressed that the amount of charging stations is limited and the amount of charging
time should be limited as well.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
amendments to Section 192 of the Traffic Rules and Regulations of the Town of Lexington to add
the sub-sections regarding Parking Meters and EV Charging Stations as 192-41, and further re-
number all sub-sections after that.
Review and Approve Banner Policy
Mr. Malloy reviewed two new policies: the Massachusetts Avenue Street Banner Policy, and the
Lexington Pole Banner Policy.
Ms. Barry stated that she would prefer to wait and approve the policies in July because she was
not comfortable with the wording of the third paragraph.
Mr. Lucente stated that the Board will wait until July to further review and vote on the Banner
Policies.
Veterans Service Agreement with Bedford
Mr. Malloy explained that in 2013, the Town of Lexington and the Town of Bedford created a
District for the purpose of providing services to the veterans and their families living in the two
towns. The initial forming of the District, and continuation of the District, required approval of the
Massachusetts Department of Veteran's Services (DVS). The DVS granted the continuation of this
District and the Towns entered into a five-year inter-municipal agreement that was set to expire
on June 30, 2019.
Ms. Barry asked if the Lexington Veterans affairs office information in Appendix A, page 5, should
reflect the 39 Marrett Road address and hours of operation. Mr. Malloy confirmed it should and
said it would be corrected.
Upon the motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign,
with minor edits, the Inter-Municipal Agreement between the Towns of Lexington and Bedford,
for a Veterans' Services District, for a 5-year term to expire on June 30, 2024.
Ad Hoc Crematory Study Committee Update
Suzie Barry, Chair of the Ad Hoc Crematory Study Committee, requested that her update be
delayed to a future meeting in July as the Committee has not met in June. With the Board in
agreement, Mr. Lucente confirmed that this will be put onto a future agenda.
Selectmen Committee Appointments/Reappointments
Town Celebrations Committee
The three-year terms of the Town Celebrations Committee member Linda Dixon and William Mix
expire on June 30, 2019. The Committee has requested that both members be reappointed for a
three-year term expiring on June 30, 2022.
Henry Murphy's term is ending on June 30, 2019 and he has indicated that he would like remain
an asset to the Committee in a non-voting role. The TCC requests to bestow upon Mr. Murphy an
Emeritus Membership to the Town Celebrations Committee in honor of his commitment of service
since 2001. His new status would be effective immediately.
The Town Celebrations Committee has requested to move June Baer up from the TCC
Subcommittee to be appointed as full Member of the Town Celebrations Committee for a term to
expire on June 30, 2022.
The following members of the Town Celebrations Subcommittee have a term expiration of June
30, 2019 and wish to be reappointed for another term set to expire on June 30, 2020: William
"Glen" Bassett; Suzanne Caton; Wei Ding; Mary Hutton; Paul Jenkins; Gresh Lattimore; Wayne
Miller; Geetha Padaki; Rita Pandey; Ashley Rooney; Susan Stering; David Taylor; Samuel Zales.
Ms. Barry stated that it is a past practice on the Town Celebrations Committee to bestow the title
of Honorary Life Member to people who have served on the committee for a number of years and
suggested that his title be changed as such.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Linda
Dixon and William Mix to the Town Celebrations Committee for a term set to expire on June 30,
2022.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to bestow the honor of
Honorary Lifetime status to Henry Murphy on the Town Celebrations Committee.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint June Baer
to the Town Celebrations Committee for a term to expire on June 30, 2022.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint William
"Glen" Bassett, Suzanne Caton, Wei Ding, Mary Hutton, Paul Jenkins, Gresh Lattimore, Wayne
Miller, Geetha Padaki, Rita Pandey, Ashley Rooney, Susan Stering, David Taylor and Samuel
Zales to the Town Celebrations Subcommittee for a term set to expire on June 30, 2020.
Keeper of the Lockup
The Board is being asked to reappoint Mark Corr, Chief of Police, as Keeper of the Lockup, whose
term is due to expire on June 30, 2019.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Mark
Corr, Chief of Police as Keeper of the Lockup for a one-year term ending on June 30, 2020.
Executive Clerk
The Board is being asked to reappoint Kim Katzenback as Executive Clerk to the Board of
Selectmen, whose term is due to expire on June 30, 2019.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Kim
Katzenback as Executive Clerk to the Board of Selectmen for a one-year term ending on June 30,
2020.
Applications: Common Victualler License and Entertainment License – Masslex, LLC, 1666
Massachusetts Avenue
Mr. Lucente stated the Board is being asked to approve a request for a Common Victualler License
for Masslex, LLC d/b/a Clay Oven Indian Restaurant, 1666 Massachusetts Avenue for the hours
of 11:00 a.m. to 12:00 midnight Monday – Sunday and an Entertainment License for Masslex,
LLC d/b/a Clay Oven Indian Restaurant, 1666 Massachusetts Avenue for the purpose of providing
background music and televisions for diners within the restaurant.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Common
Victualler License for Masslex, LLC d/b/a Clay Oven Indian Restaurant, 1666 Massachusetts
Avenue for the hours of 11:00 a.m. to 12:00 midnight Monday - Sunday, pending approval of the
Health and Building Department permits.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve an
Entertainment License for Masslex, LLC d/b/a Clay Oven Indian Restaurant, 1666 Massachusetts
Avenue for the purpose of providing background music and televisions within the restaurant.
Consent Agenda
Water and Sewer Commitments
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Water and
Sewer Commitment Section 3 in the amount of $3,624,923.62 and Water and Sewer Commitment
April Cycle 9 Billing in the amount of $221,227.30.
Approve One-Day Liquor Licenses
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve one-day
liquor license for Food Link, Inc. to serve beer and wine for the purpose of their Rescue to Tapas
Fundraiser to be held at the Church of Our Redeemer, 6 Meriam Street, on Thursday, July 25,
2019. The beer and wine will be served from 6:30 p.m. to 9:00 p.m.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve three one-
day liquor license for Wilson Farm to serve beer and/or wine at Wilson Farm, 10 Pleasant Street,
for the purpose of three events on the following dates:
Dinner in the Field, wine to be served Thursday, June 27, 2019 from 6:00 p.m. to 9:00 p.m.
Dinner in the Field, wine to be served Thursday, July 18, 2019 from 6:00 p.m. to 9:00 p.m.
Farm to Table Beer Dinner, beer to be served Thursday, August 15, 2019 from 6:00 p.m.
to 9:00 p.m.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve one-day
liquor license for Saint Nicholas Church to serve beer, wine, and alcohol for the purpose of their
2019 Gyro Fest Fundraiser to be held at Saint Nicholas Church, 17 Meriam Street, on Saturday,
September 21, 2019. The beer, wine, and alcohol will be served from 11:00 a.m. to 8:00 p.m.
Executive Session: Exemption 3: Collective Bargaining Update – Lexington Municipal Managers
Association (LMMA), Fire Union, and DPW Union
Upon a motion duly made and seconded by roll call, the Board of Selectmen voted 5-0 to go into
Executive Session under Exemption 3 for Collective Bargaining Update regarding the Lexington
Municipal Managers Association (LMMA), Fire and DPW Unions; and to reconvene in Open
Session only to adjourn. Further, Mr. Lucente declared that an open meeting discussion may have
a detrimental effect on the bargaining and negotiating positions of the Town.
Ms. Barry recused herself from the discussion under Exemption 3 as her husband is an employee
of the Town.
Adjourn
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at 7:16 p.m.
A true record; Attest:
Stacey Prizio
Department Assistant