HomeMy WebLinkAbout2020-01-06 BOS Packet - Released SELECTMEN'S MEETING
Monday, January 6, 2020
Town O ffc e Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room
7:00 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 781-698-4580
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. 2020 Annual Town Meeting 7:10 p.m.
2. Approve Nursing Services Agreement with Belmont 7:40 p.m.
3. Draft Action Items from Selectmen's Goals 7:50 p.m.
4. Discuss Committee Charge for Historic Districts Commission-Nominating Bodies 8:10 p.m.
5. Discuss and Approve Formation of Committee for 250th Anniversary of Battle of 8:20 p.m.
Lexington
6. Annual License Renewal 8:3 5 p.m.
CONSENT AGENDA
1. Approve One-Day Liquor Licenses
ADJOURN
1. Anticipated Adjournment 8:45 p.m.
The next regularly scheduled meeting of the Board of Selectmen will be held on Monday, January
131 2020 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625
Massachusetts Avenue.
A Summit III Meeting of the Board of Selectmen, School Committee,Appropriation Committee,
and Capital Expenditures Committee will be held on T hurs day, January 16, 2020 at 7:00 p.m. in the
Cafeteria, Samuel Hadley Public Services Building, 201 Bedford Street.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and Leyfqedil"a
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
2020 Annual Town Meeting
PRESENTER:TER• ITEM
S
NUMBER:
Kelly Axtell, Deputy Town Manager
I.1
SUMMARY:
The Board of Selectmen will discuss a proposed listing of warrant articles for ATM 2020.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
1/6/2020 7:10 p.m.
ATTACHMENTS:
Description Type
March 23, 2020
Annual Town Meeting 2020
1. Election
2. Election Dep Moderator/Town Reports
3. Cary lecture
Financial Articles
4. FY 21 Operating Budget
a. TNC funds-ongoing appropriation
5. FY 21 Enterprise Budgets
6. Qualification for tax deferral (res tax exemption) (raise to$90k)
7. Establish Revolving Funds for Lab animals
a. This article would establish a revolving fund for the health department to hire a
consultant to review lab animal permit applications and annual lab animal inspections.
8. Establish Revolving Funds for Tobacco
a. This article would establish a revolving fund for the health department to hire a trained
professional to conduct compliance checks on retailers to prevent sales to minors,to
implement vaping prevention, and enforce tobacco regulations.
9. Establish/Continue Revolving Funds
10. FY 21 CPC Budget/Projects
11. Recreation Capital
12. Municipal Capital
a. Westview Cemetery Building
13. Water system improvements
14. Wastewater improvements
15. School Capital Projects/equipment
16. Public Facilities capital
a. Bridge School roof-$2.5 million
17. Post-Employment Insurance liability
18. Rescind prior borrowing
19. Establish/Dissolve/Appropriate To/From Stabilization
20. To General Stabilization Fund
21. From Debt Service Stabilization
22. Prior year unpaid bills
23. Amend FY20 Operating, Enterprise,CPA budgets
1/3/20 1
24. Authorized Capital improvements
25. BOS to set fees-
a. This article seeks to authorize the BOS to rescind/set/change/adopt fees that are
currently in the Code and need TM approval
26. DPW fees that are in the code
a. BOS has a couple of fee increases they are looking to change that must be voted on by
Town Meeting(unless changed by Article 25).
27. Science labs
a. This request is design and construction dollars to modify existing interior spaces to
satisfy science lab shortages at the High School in FY21.
28. Software for creating capital asset inventory
29. Facilities Master Plan
a. To develop a 10-20 year master building plan through formal assessment of all public
facilities. The plan would integrate the school department's findings to present a
comprehensive town wide look at all facilities. An outcome of the plan would develop
recommendations for addressing infrastructure needs and building upgrades to include
the Integrated Building Design process. (timeline: approximately 1 year).
30. Hosmer house relocation-(may be two separate articles)
a. Provide BOS authority to relocate the house
b. Provide BOS authority to dispose of real property
31. Petition General Court to permit a 1 year delay before increasing the interest rate after death
of a person receiving tax deferrals when there is no surviving spouse
32. Reduce Legal Expenses(Citizen Richard Neumeier)
a. This article seeks Town Meeting approval to hire in-house counsel for legal services for
the Town for fiscal year 2020.
General Articles
33. Historical Society lease of land/purchase/eminent domain
34. Amend Chapter 447 of the Acts of 1956
a. Amending the enabling legislation to move from Lex. Arts &Crafts as a nominating body
to Lexington's Chamber of Commerce
35. Noise bylaw- noise advisory committee
a. This Article proposes revisions to the Noise Bylaw to better protect residents from noise
pollution from construction projects.
36. Noise bylaw-(Citizen Varda Haimes)
a. This article proposes revisions to the Noise Bylaw to better protect residents from noise
pollution due to residential and other construction projects.
37. Declare climate emergency-resolution (Citizen Lily Manhua Yan)
1/3/20 2
a. This article seeks Town Meeting approval to adopt a resolution endorsing the
declaration of a climate emergency and calls for regional collaboration to reverse global
warming and to move towards a more sustainable economy.
38. Approve exchange of portion of Town land (Citizen Mohammed Abdul Jaleel)
a. To approve the exchange of a portion of the lot located at 344 Lowell Street with a
portion of the Town's adjoining land
39. Historic preservation demo delay-(Citizen Jean Winchester)
a. This article seeks Town Meeting approval to adopt a demolition delay ordinance that
ensures potentially historically significant homes and structures are not demolished
without adequate notice to the public.
40. Extend Hancock-Clark Historic District(Citizen Jean Winchester)
a. This article seeks Town Meeting approval to extend the Hancock-Clark Historic District
to Adams Street, and Adams Street down to Porter Lane, in order to further preserve
the historic character and buildings in Lexington.
41. Running bamboo control-(Citizen Mike Reamer)
a. This purpose and intent of this bylaw is to preserve and protect private and Town
owned property and Town owned rights of way from the spread of Running Bamboo
and to protect indigenous biodiversity threatened by Running Bamboo.
Zoning Articles
42. Groundwater bylaw- PB
a. To amend zoning bylaw to regulate the distance between groundwater elevations and
building basements, crawl space floors, or slab elevation.
43. Short-term rental- PB
a. To amend zoning bylaw to regulate short term rentals
44. Limited Site plan Review-PB
a. This article would adjust the existing exceptions to site plan review to require review
when parking areas are significantly expanded, limit it for small changes to large
buildings, and modernize notice requirements.
45. Zoning-financial service businesses- PB
a. This article would both regulate a variety of financial service businesses consistently to
adapt to current industry practice and regulate drive-up and auto-oriented service uses
consistently.
46. Zoning-solar energy systems-PB
a. This article would encourage construction of solar energy systems by exempting them
from some existing setback, height, site coverage, and roof coverage standards, and
permitting them in all districts.
47. Zoning-wireless communication-PB
1/3/20 3
a. This article would update the Zoning Bylaw to reflect changes in federal law and
regulations relating to wireless communication facilities.These changes include
streamlining permitting of wireless facilities on private property to meet federal `shot
clock' deadlines by not requiring special permits and expanding acceptable justifications
for adding new facilities.
48. Zoning-technical corrections- PB
a. These changes are corrective in nature and are not intended to change interpretation in
any substantive way.
49. Amend Zoning Bylaw and Map- 1050 Waltham Street Planned Development District-(Citizen
BH GRP 1050 Waltham Owner LLC)
a. The article requests rezoning and approval of a Preliminary Site Development and Use
Plan (PSDUP)for the 1050 Waltham Street property identified in the article, and would
allow for the removal of the existing buildings and the construction of a new building
and parking garage.
50. Amend Zoning Bylaw and MAP- HARTWELL AVENUE AREA(Citizen Charles Hornig)
a. To amend the Zoning Bylaw and Zoning Map to alter and supplement dimensional and
other standards for the CM district to permit additional development; rezone lots not
used for residential purposes near Hartwell Avenue and southwest of Bedford Street
into the CM or GC districts.
51. Amend Zoning Bylaw and Map- BEDFORD STREET NEAR HARTWELL AVENUE(Citizen Charles
Hornig)
a. To amend the Zoning Map to rezone lots not used for residential purposes northeast of
Bedford Street near Hartwell Avenue into the CM and TMO-1 districts.
52. Amend Zoning Bylaw- FRONT YARD,TRANSITION,AND SCREENING AREAS (Citizen Charles
Hornig)
a. To amend the Zoning Bylaw to regulate front yard, transition, and screening areas along
streets consistently within each district
53. Reduce GFA-(Citizen Matt Daggett)
a. This Article would revise the definition of Gross Floor Area to remove the inclusion of
basements and to reduce the maximum allowable residential Gross Floor Area,to the
extent possible, under Chapter 135, Section 10.1 and 4.4.2 of the Zoning Bylaw.
54. Developing surcharge-(Citizen Matt Daggett)
a. This Article seeks special legislation to establish a surcharge on specific development
activities for the purpose of funding affordable and community housing construction,
renovation, associate land acquisitions or easements.
Special Town Meeting-2020-1(put at end of ATM)
1. Police Station Re-build-contingent on debt exclusion
a. Temp police station
1/3/20 4
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Nursing Services Agreement with Belmont
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.2
SUMMARY.-
The Towns of Lexington and Belmont have had an intermunicipal agreement to provide public health nursing
services through a shared Public Health Nurse for a number of years. The agreement expired in 2019 and
we've been working on an updated agreement. The attached agreement has been reviewed and approved by
the Belmont Board of Selectmen with changes made by Town Counsel with review/input from the Assistant
Town Manager for Development and Town Manager. The following summarizes the substantive changes in the
agreement:
• Changed the signatories from the Boards of Health to the Boards of Selectmen, which is more appropriate.
• Adds a provision to alter the schedule of the Public Health Nurse and correspondingly the payment
allocation.
• Removed language related to the prior agreement being the first intermunicipal agreement for these
services between Belmont and Lexington.
• The prior agreement was for five years, this agreement is for five years, but also allows for subsequent
renewals for up to 25 years.
. Provides some additional financial review.
• Provides an indemnification agreement for both Towns releasing each other for various work done under
the auspices of the other community while the Public Health Nurse is working in that other community.
It also provides an indemnity to Belmont for any employment claims arising out of Lexington being the
primary employer and any actions Lexington may take related to employment laws.
• The last four paragraphs (6-9) are legal language that should be included in an intermunicipal agreement.
I have attached both a redlined version and clean version for the Board's review.
SUGGESTED MOTION:
Move to approve the intermunicipal agreement, as attached, to continue providing shared nursing services
through agreement between the Town of Lexington and Town of Belmont.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
1/6/2020 7:40 p.m.
ATTACHMENTS:
Description Type
F) Clean. Cbver Merno
F) Redlined ('....�.,)ver VIlerno
F) I-ettler I.k.)ard ot'lleald-.1.to BOS llackup Vl[katerial
NURSING SERVICES AGREEMENT
BETWEEN THE TOWNS OF BELMONT AND LEXINGTON,
MASSACHUSETTS
WHEREAS, The Towns of Belmont and Lexington desire to provide Public Health Nursing
Services to the residents of both Towns;
WHEREAS, The Towns of Belmont and Lexington realize that the most cost effective and
efficient means of providing Public Health Nursing Services to both Towns is to do so jointly;
WHEREAS, The Towns of Belmont and Lexington have both appropriated funds in their
respective Fiscal Year 2020 Budgets to provide for such services;
WHEREAS, For the purposes of providing Public Health Nursing Services, the geographical
areas containing both Towns shall be considered one service district by the
Public Health Nurse;
NOW THEREFORE, we, Lexington Board of Selectmen and Belmont Select Board, acting by
and on behalf of our respective Towns in consideration of the mutual covenants contained herein
agree:
A. Work Schedules and Benefits
1) A full-time (35 hours per week) Public Health Nurse will be hired by the Town of
Lexington with input from the Town of Belmont, including an opportunity to
comment on the candidates' resumes and interviews. All necessary steps in the
hiring process and maintenance of employee records will be the responsibility of
the Town of Lexington.
2) The Public Health Nurse's regular work week will, on average, consist of three
seven hour days in Lexington and two seven-hour days in Belmont. This
schedule shall be reviewed and adjusted, if necessary, annually, three months
prior to the end of each year of the Term of this Agreement. Adjustments shall be
upon agreement of the Towns and payment allocations under Section D(4) below
shall be assigned proportional to hours worked per week.
3) Either town may request of the other extra hours to cover emergency situations
especially communicable disease control activities, vaccination clinics or
emergency preparedness activities. Hours to be "paid back" to the other town
shall be at the discretion of the Directors of Health.
4) An annual performance evaluation of the Public Health Nurse will be prepared by
the Directors of Health in both Towns and a joint evaluation meeting will be held
with the two Directors and the Public Health Nurse.
5) The Public Health Nurse will attend the Board of Health meetings in both Towns
when requested by the BOH members or by the Directors of Health.
{A0630331.2}
6) The holiday schedule for the Public Health Nurse will follow that of the Town of
Lexington.
7) All employee benefits will be according to the Town of Lexington's agreement
with the Lexington Municipal Employee Association.
8) Both Towns will provide the Public Health Nurse with office space, equipment,
storage and supplies consistent with the professional practice of public health
nursing. Each Town will reimburse the Public Health Nurse for out of pocket
miscellaneous expenses including mileage accrued in the Town providing public
health nursing services, at the usual federal rate.
9) Standard operating procedures for the Public Health Nurse will be consistent with
State mandates; all others will be established with the approval of both Towns'
Directors of Health and the Public Health Nurse.
10) If the public health nurse position should become vacant, both Towns will
cooperate fully to fill the position as quickly as possible.
B. Duties and Responsibilities
1) In general, the duties and responsibilities of this position are described in the job
description, attached as an addendum to this Agreement. Changes to the job
description will be made with the approval of each Towns' Health Departments.
2) The Town of Lexington shall act as the lead municipality for this Agreement.
The primary supervisor of the Public Health Nurse will be the Health Director for
the Town of Lexington. When performing services in the Town of Belmont,
however, the Public Health Nurse shall be under the direction and control of the
Health Director of the Town of Belmont.
3) Investigation of communicable disease reports will be the primary responsibility
of the Public Health Nurse and completion of those reports in both Towns will
take precedence over other duties and responsibilities. Establishment of other
priorities for the Public Health Nurse will be a result of consultation between the
Boards of Health, the Directors of Health and the Public Health Nurse. The
prevention of disease and promotion of health for all of the residents of both
communities will be the overriding goal of this cooperative agreement. The
Towns shall confer quarterly to ensure that their respective needs are being met
and to agree upon necessary changes to the duties of the Public Health Nurse.
4) The Directors of Health will be on call 24/7 for communicable disease
emergencies and will call the Public Health Nurse at their discretion.
C. Term of Agreement -Maximum Financial Liability
1) The term of this Agreement shall be five years, subject to appropriation by the
Towns. The Towns may renew this Agreement for subsequent five-year periods
{A0630331.2}
for a total duration of no longer than 25 years. Renewal shall be accomplished
pursuant to a written agreement of the Towns.
2) The maximum financial liability of each Town shall be established by the Town
of Lexington and the final budgets in each Town will be subject to appropriation
by each Town's respective Town Meeting.
D. Financial Accountability
1) Both Towns, acting by their respective Boards of Health, will communicate
through the Health Directors the priorities of the joint Public Health Nursing
Services under this Agreement and the annual personnel budget for the Public
Health Nurse in accordance with paragraph 2 below. All other expenses
associated with Public Health Nursing Services will be budgeted and accounted
for in each Town including mileage, vaccine clinic supplies, and educational
materials.
2) Shared expenses under this Agreement will include, but not necessarily be limited
to, the following expenses attributable to the Public Health Nurse: employee
salary, benefits, Medicare tax, Worker's Compensation, RN licensing expenses
including required CEUs, liability insurance, membership in the Massachusetts
Association of Public Health Nurses, and recruitment costs. Additionally, as
provided in paragraph 4 below, the Towns will also share estimated costs
associated with pension benefits.
3) Both Towns, as provided in paragraph 4 below, will also share unemployment
liability costs at such time that the Public Health Nurse becomes unemployed.
4) The Town of Lexington will pay 60% and Belmont will pay 40% of the shared
expenses under paragraph 2 above. Additionally, Belmont will pay 1.6% of the
Public Health Nurse's gross salary to account for Belmont's share of the future
pension liability the Town of Lexington may be assuming.
5) The Town of Lexington shall bill the Town of Belmont for the expenses provided
in paragraphs 2 and 4 above on a quarterly basis. Invoices shall be sent within the
first two weeks of the beginning of each quarter and shall include an accurate and
comprehensive record of the shared expenses described in paragraph 2. Belmont
shall remit payment within thirty days of receipt thereof. All bills and payrolls
submitted for work done under this Agreement shall be plainly marked to indicate
that the work was done under the authority hereof.
6) To the extent that any claims, demands, suits, causes of action, and costs and
expenses arise with respect to the provision of services under this Agreement, the
receiving community shall be liable and shall, to the extent permitted by law,
indemnify, defend, and hold the other community harmless from and against any
and all such claims, fees, to the extent that the receiving community would
otherwise be subject to liability under state or federal law. By entering into this
{A0630331.2}
Agreement, neither party has waived any governmental immunity or limitation of
damages which may be available by operation of law.
7) The Towns shall maintain accurate and comprehensive records of service
performed, costs incurred, and reimbursements and contributions received. The
records shall be subject to regular audits. The Towns shall exchange full financial
accounting for all services under this Agreement no less than annually, or upon
reasonable request of the other Town.
E. Miscellaneous
1) Amendment. This Agreement may not be changed or modified except by a
written instrument executed by the Board of Selectmen or Select Board of each
Town.
2) Severability. Both Towns agree that if any court or other competent authority
having jurisdiction shall declare any provision of this Agreement to be invalid or
unenforceable, the remaining provisions hereof shall not be affected and shall
remain in full force and effect.
3) Assignment. This Agreement and the rights contained herein shall not be
assigned nor performance of the duties hereunder delegated without the express
written consent of each Town.
4) Indemnification. To the extent permitted by law, Belmont agrees to indemnify
Lexington, including all officials, officers, employees, agents, servants, and
representatives, from and against any claim arising out of the duties performed by
the Public Health Nurse pursuant to the Agreement in or on behalf of Belmont for
any claim of liability, loss, damages, costs and expenses for personal injury, or
damage to real or personal property by reason of any negligent act or omission by
the Public Health Nurse. Belmont's obligation to indemnify under this Section
shall be limited to and benefited by the immunities and the limits on liability that
would be applicable under M.G.L. c. 258 and any other law or statute limiting the
liabilities of municipalities as if the negligent act or omission had been made by
an employee of Belmont. Furthermore, Belmont shall not be liable for, and to the
extent permitted by law, Lexington shall indemnify Belmont against any claims
arising from:
a. Violations of state or federal civil rights statutes;
b. Violations of state or federal discrimination statutes;
c. Wrongful termination claims;
d. Violations of any state or federal statute dealing with employment
practices; and
e. Claims that are covered by any insurance policy; and
f. Claims arising out of duties performed by the Public Health Nurse on
behalf of the Town of Lexington.
{A0630331.2}
5) Termination. Either Town may, by vote of its Board of Selectmen or Select
Board, terminate the Agreement upon written notification, provided that the
notification of termination be six months prior to the end of a year under the
Terms of this Agreement and that the terminating Town shall be responsible for
fulfilling its obligations until the end of the year in which notice of termination is
given.
6) Reservation of Rights. The Towns reserve the right, either in law or equity, by
suit, and complaint in the nature of specific performance, or other proceeding, to
enforce or compel performance of any or all covenants herein. Nothing in this
Agreement shall deprive a Town of any remedy, power, or authority which it has
at law or under its by-laws, except where expressly set forth in this Agreement or
G.L. c. 40, § 4A.
7) Governing Law. This Agreement shall be governed by, construed, and enforced
in accordance with the laws of the Commonwealth of Massachusetts.
8) Notices. Any notice permitted or required hereunder to be given or served on any
Town shall be in writing signed in the name of or on behalf of the Town giving or
serving the same. Notice shall be deemed to have been received at the time of
actual receipt of any hand delivery or three business days after the date of any
properly addressed notice sent by mail.
9) Complete Agreement. This Agreement constitutes the entire Agreement between
the Towns concerning the subject matter hereof, superseding all prior agreements
and understandings. There are no other agreements or understandings between
the Towns concerning the subject matter hereof. Each Town acknowledges that it
has not relied on any representations by any other Town or by anyone acting or
purporting to act for another Town or for whose actions any other Town is
responsible, other than the express, written representations herein.
FOR THE TOWN OF BELMONT
Chair, Select Board
Funds Available, Town Accountant
{A0630331.2}
FOR THE TOWN OF LEXINGTON
Chair, Board of Selectmen
Health Director
Assistant Town Manager for Development
Town Manager
Funds Available, Town Comptroller
{A0630331.2}
NURSING SERVICES AGREEMENT
BETWEEN THE TOWNS OF BELMONT AND LEXINGTON,
MASSACHUSETTS
WHEREAS, The Towns of Belmont and Lexington desire to provide Public Health Nursing
Services to the residents of both Towns;
WHEREAS, The Towns of Belmont and Lexington realize that the most cost effective and
efficient means of providing Public Health Nursing Services to both Towns is to do so jointly;
WHEREAS, The Towns of Belmont and Lexington have both appropriated funds in their
respective Fiscal Year 2020 Budgets to provide for such services;
WHEREAS, For the purposes of providing Public Health Nursing Services, the geographical
areas containing both Towns shall be considered one service district by the
Public Health Nurse;
NOW THEREFORE we ` ' c I
e II IIIII :; ..::. : III ::: I III I'0,1 . acting by and on behalf of our respective Towns in
........................
consideration of the mutual covenants contained herein agree:
A. Work Schedules and Benefits
1) A full-time (35 hours per week) Public Health Nurse will be hired by the Town of
Lexington with input from the Town of Belmont, including an opportunity to
comment on the candidates' resumes and interviews. All necessary steps in the
hiring process and maintenance of employee records will be the responsibility of
the Town of Lexington.
2) The Public Health Nurse's regular work week will, on average, consist of three
seven hour days in Lexington and two seven-hour days in Belmont. W ,;�ii
pW � ,. „ ., w„ "711u � � m„,,, �u "711u. ou'..'li�„�� ,II„III y �.,,„, ,.„� III ^nlji ,. ills„~IIII, .� .„ .Is
w
: .:.� l 1. I II .: I�.iiiii :Iw gym: :i leI iiiii . : ° :. ::: :.: . :. :.:.� :: ill
'III,, �.WIII, id 1' „ "fil n'I" 1 1111 ."., 'W „" "fil' ., Ll, A I p , "71II,,.���� ."4 •.W„ III., „ „".
. ................
is
',
...
„ ... Iu III ��;; o .' .
I� .:e iiii:.� : ..: II: ::. ::.. : : . . „ : :. : :. �I iiiii :. III
...
I 3) Either town e-c�1 ;y request of the other extra hours to cover emergency
situations especially communicable disease control activities, vaccination clinics
or emergency preparedness activities. Hours to be "paid back" to the other town
I ;, be at the discretion of the Directors of Health.
4) An annual performance evaluation of the Public Health Nurse will be prepared by
the Directors of Health in both Towns and a joint evaluation meeting will be held
with the two Directors and the Public Health Nurse.
{A0630331.2}
5) The Public Health Nurse will attend the Board of Health meetings in both Towns
when requested by the BOH members or by the Directors of Health.
6) The holiday schedule for the Public Health Nurse will follow that of the Town of
Lexington
pal
,
7) All employee benefits will be according to the Town of Lexington's agreement
with the Lexington Municipal Employee Association.
8) Both Towns will provide the Public Health Nurse with office space, equipment,
storage and supplies consistent with the professional practice of public health
nursing. Each Town will reimburse the Public Health Nurse for out of pocket
miscellaneous expenses including mileage accrued in the Town providing public
health nursing services, at the usual federal rate.
9) Standard operating procedures for the Public Health Nurse will be consistent with
State mandates; all others will be established with the approval of both Towns'
Directors of Health and the Public Health Nurse.
1 e I i
I tl�ie I L.,� „ „ :. .„Is
V,
1
is
.........................................................................................................(11"I'l""I'll""I'll'll""I'll""I'll",Ill""I'll"'I "I'll'I'll""I'll'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""'ll""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""'ll""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""'ll""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll'I "I'l""I'll""I'll'll""I'll""I'll",'ll""I'll",'ll""I'll""I'll"'ll""I'llI
...............
.......... ......... ... ..............p,t b I i 1-i e�I,i t�i t�111r�,Isllll ................pq �A,,
... ..
l,e
: .° �ltoti:... ... :.q :.° :..
..
B. Duties and Responsibilities
1) In general, the duties and responsibilities of this position are described in the job
description, attached as an addendum to this Agreement. Changes to the job
description will be made with the approval of each Towns' Health Departments.
2) The IbNI)a oH,ex i i i tot i s 1'i a a("III,( 111''i s I[i le el,,1 1,1`1�1�qj��pq 1 ..............1b ............ S...............
....................................................................................................g.................................................................................................................................... �� 11," C'11- ,,, It" A
"I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll,'ll""I'll""'ll""I'll""I'll",'ll""I'll""I'llI...............
....
1J 1; ,primary supervisor of the Public Health Nurse will be the Health Director for
the Town of Lexington. When performing services in the Town of Belmont,
however, the Public Health Nurse shall be under the direction and control of the
Health Director of the Town of Belmont.
, ,
...3) 1 t''I y qs,,L�� ... ..
0 t I s I'll�311i,.............. Y
'', � ,"
'11
lake, �.e�� e t el ��e t-i �: �. � �:iiiii�, 1( � 11. � °� � iiiii.b iiiii l:i t i ���. Establishment of l:�: e t
priorities for the Public Health Nurse will be a result of consultation
between the Boards of Health, the Directors of Health and the Public Health
Nurse. The prevention of disease and promotion of health for all of the residents
of both communities will be the overriding goal of this cooperative agreement.
beingThe Towns shall confer uarter to ensure that their re-spective needs are
met and to are necessau chai jes to the duties of the Public Health Nurse.
{A0630331.2}
I ) The Directors of Health will be on call 24/7 for communicable disease
emergencies and will call the Public Health Nurse at their discretion.
C. Term of Agreement -Maximum Financial Liability
1) The term of this Agreement shall be five years, subject to appropriation by the
Towns. T[i I. I.: � : :., : �:: l , : : � �: °: : :: : : :V : :�iiii.
.............
.;
. .. .. „ .. ., .. .. .. .,..uR,et'��. . dw NN.. a .. M .t-111111111.. III" w
m ... 5 y .. .. .. ,.
2) The maximum financial liability of each Town shall be established by the Town
of Lexington and the final budgets in each Town will be subject to appropriation
by each Town's respective Town Meeting.
D. Financial Accountability
1) Both Towns, acting by their respective Boards of Health, will communicate
through the Health Directors the priorities of the joint Public Health Nursing
Services under this Agreement and the annual personnel budget for the Public
Health Nurse in accordance with paragraph 2 below. All other expenses
associated with Public Health Nursing Services will be budgeted and accounted
for in each Town including mileage, vaccine clinic supplies, , educational
materials,
2) Shared expenses under this Agreement will include, but not necessarily be limited
to, the following expenses attributable to the Public Health Nurse: employee
salary, benefits, Medicare tax, Worker's Compensation, RN licensing expenses
including required CEUs, liability insurance, membership in the Massachusetts
Association of Public Health Nurses, and recruitment costs. Additionally, as
provided in paragraph 4 below, the Towns will also share estimated costs
associated with pension benefits.
3) Both Towns, as provided in paragraph 4 below, will also share unemployment
liability costs at such time that the Public Health Nurse becomes unemployed.
{A0630331.2}
4) The Town of Lexington will pay 60% and Belmont will pay 40% of the shared
expenses under paragraph 2 above. Additionally, Belmont will pay 1.6% of the
Public Health Nurse's gross salary to account for Belmont's share of the future
pension liability the Town of Lexington may be assuming.
5) The Town of Lexington shall bill the Town of Belmont for the expenses provided
in paragraphs 2 and 4 above on a quarterly basis. Invoices shall be sent within the
first two weeks of the beginning of each quarter and shall include an accurate and
comprehensive record of the shared expenses described in paragraph 2. Belmont
shall remit payment within thirty days of receipt thereof. IC I C i. ��.II' �1'�I I
............... .... ..............P 4 f''I ..............I il [I-eli-11
.............................................................I ....................................................................................................................................................................................................................................... .................................................................................... .......... .... 1111111,�.� ale
... ...................................................................................................................................................................................................................................................................................................................................................................................
.: .. II ICI...� eIIi I w�. 11 le....� i l :. i I .... ::.
6) To the extent that any claims, demands, suits, causes of action, and costs and
expenses arise with respect to the provision of services under this Agreement, the
receiving community shall be liable and shall, to the extent permitted by law,
indemnify, defend, and hold the other community harmless from and against any
and all such claims, fees, to the extent that the receiving community would
otherwise be subject to liability under state or federal law. By entering into this
Agreement, neither party has waived any governmental immunity or limitation of
damages which may be available by operation of law.
s ,. 11 "„ � 11 w�„ � ,.� I„x� " . . II w " I f m qIy `
'
I I_. .1, i � I� „mm � mmu ,f w r� .I e
..�I .,.�u, w'',,, Iloi .�I, f tl tl gym.,, "����� ":;�u, �'�' I
f ..u, ..I, "ti III, �r
, I II ...
II III iiiii . I .. . � I� .e i .. �.II II 1 l l . 1 iiiii . I Iw Iwo 1 µ II �� I
I W ...� � ..� .III .. .�� ..III. � II
....
II
. I �. .. iI'll�II II II . .. e.I IIII. . ��iii. �iiii w µ .. III . II I III.. . ��iii.l
Iwwww
..............
I I
� �-,�,. .„,. � �I ... IIIII .IIII,I „..,wl ��,:�.�„. uu„ ," �u j..,.wn ...�I,�w .�j..IIII :III, eI f�
I u�a ,. IIII .. .. .. u� IIII II w u�W, WII w
.... ....� ....� ... ..�� ...�. ......� ....� ....� ....� ....� ....� ...� ....� ..� ....� ....� .... ....� ....
E. Miscellaneous
1) ,A p i let."i(J r fl. This Agreement may not be changed or modified except by a
written instrument executed by the Board ` I°Iele II' IIII I1 I1 f*
. ,III. o eachTown.
I 2) 'L 9 Both Towns agree that if any court or other competent authority
having jurisdiction shall declare any provision of this Agreement to be invalid or
unenforceable, the remaining provisions hereof shall not be affected and shall
remain in full force and effect.
) s Is��iii... °t :.:. g �ii............................... I [ not be
3 ...
This Agreement I . II :.� .. ., °I :�° I:
.......................................................................................................
assigned nor performance of the duties hereunder delegated without the express
written consent of each Town.
I , .,� gy I �lirl . I,. .,II �. , mm . " " , „�� � , ,� „„ , i� , gy „ t IIIII
II
.. :�II.��, I.... , IIL, .� .:� ,�I.. �. I:� .:III... I.� .::� �:.,�.� :�I.,,,.. �II:~IIII � w... III"....I.� I.�..,w« � ,....� � . ..
I e��III�� ll IIII t Iµ 1i � iiiii f I��IIIII II � .�iiii ��iii. .lily lu ..I� [.. 10 Iw lily lu
f�...wlnl. ,II III� �',.,, wml,...� .. �',,,�'��,.: ��.� � ., .IIII.. .,,IIII �. I,. � � „I ,. IIII.'� wml,.,w, ,�.,„I" „' i
.e,�.�II e t'' �I 1 I IIIII. III I o .I ,i. � � e I � IIII..i.�� III
mllllllllll W ... II, ....
f� � "" I ,. I ,w ,...IIII I :.."mu, .„,. ,wu
Il II IIIIII II II I � 1 II .I �� �iii i e i t i I .. �iii .
.. .. ... .. .. .. ... .....1 ..."" �.... ... ... ... ... ... .....
{A0630331.2}
., I "� �„ � �,,, �Ip ���v�v �,.,, III �.�' �� �m ril Il�r I �I �v...uul�w „,.., ��.�, �, ,wu.'Iplll .�,.,-
. :. III Lal b�iiii. �iiii II I W Iw�w IIII . e .I III � ��. t'i se I I II .. III IIIII ..
..III .... .... .... .. .. .. .... � .... ........ ....
III � � � ., ,III ..� „. �. .,w.. .,wu. I L ,II �.. .�,.. .„ I�.. „. . , .. ,. ., ... . ...IIII. . ,II . .,. ...o.� . . IL
ml.. ,. ..IIIII ulll ICI III IL, III
I , �w .. .III .. . . .. cl i I 1 .. II " 1, .I. I..:I.II I I !''I �I
",',"",',,"",',,,I,"" ",',"",',,""I'll,... .. .... ...I ...
..
.. ��. .."' IIII .�„ .. �. ..,. �.„ � .�I�m I , I ....IIII III 4I ,..
[li�° : ' i II . . � 'li IIIIIIII1 ��.Is e w. �. � s I.IIIII �. I IIIII�. ww ...i i. Y u. 1 . i.II. II I . .
II
i IIIII i IIIII� a t Iw w Iwo I IIIII���� .. IIIII�I . I .IIIII I IIIII�w ,l,
.III„.
., �II „ .. � � „ . ,. ,. .,� � . .,III � �:. .„„ I
�II 1, I(, �� IIIII I I.� �. IIII II IIIII . . ( . . IIIII. IIIII I
w III.. 11 . .. . . .... I„. .. .., . .. .. ... ... : ..,. . ... ... ... ... ...,w« .. „„ . .. ,. ,. .. .: beet .„.I„. „
)I. IL 4 .�; �. � ... IIIII
IIIIL IIIIL. �I ���� .. IIIIL�illll....II fi ti es II IIIII . �. �it; IIIII.. � � IIIIL I II IIIIL . . III �� .. ��
..,��� ��� ""mul.:1w. ... „ ':ul, ""mu'I „.,^ fl II" ,, „ ot ,w r .,I ,^w,
. IIII. III � �.
.. ....
w
,I ,II .,,. ,III .. I�.. ..
..IIII, ..III. ...III, I I �, p „����� .., ��� � „ .,„���, �III�.,.�� „"'I ...I,,." .... 'VIA. .,.��� �,., r, .„ �..�...� � „.���.'�Iq ,,,.,IIII urt .,��.�.���I..�
^�� /I d .,.I.IIIII .. II II .. III
�... u. i t I d w III IIIII I II 11II . I IIII.. .I. � . . II IIIII ..II
..
�. ftllou�i,�i...I...:�:�..."I...... ,I 1........ .........................................
'�lUw<�,mu IIIII I,�, ml 4'F ;:IIIII.. �^N'h Ii,�.,W' "ill �:• S�w`w:�I ("-,II N- Iw Nw et m'I N']n: -IIIII°�:,iiii, N'-i "V `N III wlI`�
. :. 1.. .. �:. t"I : III
I.. �i�. � �:.I 1 11I' �..I I l�:l I� �e c � 1 I�� � IIII IIIII (, IIIII. I .:: I.....
I I:4�1 ....: el rp'i i :� � �I II I.:. j..
IIII ,II .. .. .. . � .� � ... .„ ..
I IIIII I I I � lI � �ti� eI, e IIIII� iegi l IIII l t...i�
'..��......Illl..�.�.lI�l�l�ll...��.....�...III
I���:.i III.�.......�...oal'�.....................................................tl�.:.�i;u 1,
° III I'll""I'll""I'll",'ll""I'll""I'll",,��",Idl'll""I'll""I'll",ll,'ll""II .
I.., .�.I.,sl I IIII�� �... .'11� II "" ...
'ul� rw � nw � "wn� „
.,, .��..,� � ,.,��II,,.., .�,,„......I�.., ...„� � ,., ., ...�, 1160�' ."Ill, `N'm.,,.II„ ., w'w.��,.�� .IIII,�..,� ,.�� j.. „ ,`N'w. I III„ IIIIIIIIIIII �I�:.Vu,, "�m
. .11111�11 C IIIII IIII .II Cw t I . I. � � eII t f .I,l �. .�I e� l[ t II I I.o t..
I[ .I II �IllI:IIIII I : [''I.
......
1I:. ) ""1' IIII : „ Eit er Town may, by vote o its " L.... , :
lN'I I
°° c t a I , terminate the Agreement upon written notification,
provided that the notification of termination be six months prior to the
;a..a..a..a........a... "I- .•.�...r: ,Cr f'ti II a„ I'M �11il "1�II11
III11, �.
�� 1 I ,„„ ��� .. °'I II °' ����II ww...��I�. � ,�'.
..II e e l � � � d-i al t l � �����t u� I tia,11 e �II .. I IIIII�1.II . . ����� b iiiii I
.��II,,, ...l ..� ...� ....� ....� ..� ...� ...� ....� II
-11
III
I� ����� I �. (IIIII l (fie le t I � . � e °IIII e a i_t 1-i'I1II.I 1 ��IIel � e t... ������ � �� �. I II � IIIII eI 11.
.w,ryllllll .Iwl�IIII`5 ii,r ww..��. * .w,rylll W„ I .,.II, VIA ^.,.V(I"1 ..'1u, ..,.III f I..�I „ w. II�f „ I.,,� d' j III, III II f
6 RI Ise �w �� � I II IIIII g � I T 1 i � i e II el I �1 � 1 i � .�� ����41 ������ �� 11 � IIIII
... .... ... .... .... .... ..w . .. . . .. .. .. ... ... .... .. �. ....
"III
IS ..."III.. lu III �. IIIII.... ..... 1.....l t....i..�w �w ... e u.I'..IIIII .IIII..c �. f ..i... ., I ., .. :. e.�... .t'�. e ww.w IIIII.... � .I. .
Ill, 1111111111� .... ,... „„ ... .... ... .. .. V ....
u„. ,Ic le f w lII .I f w„ ,, „ .,Cl , III I u f'...w o0000 '
IIIII.... I
x'x iW,„., „1' ..� j .„ ,�li �,,,, .,...,.,., �,;:.„. „, f '.wn.„., uw,.., „, ,I .,... ..ml.,II„ .,.,II „II„ ... ....,�.... „,.I ,. �.�
. ..lwl'I_� [ � . ..IIIII. I III i 1. v( I. 1 IIII ..... II .t � .1. IIIII IIIII I . IIIII . III
... .. ... .... ... .... .. ... .... ....
::,..u...�..� I.� Of"""
.. .„.��� :�m�.,u� ������o I I"'����� '�,,,, ��I� �m�j��,Ilu.�II�.,����Ip �I...,...II.' IIII .�m�j�"., .,...II'�.'IVI�II��� � � .� ��
�w,„ I � 'II 1.1.E ��.t itsa II .,. II .Il. `Iw= .I' .rill .. IIII III I� .. .�.. � 1 i.IS .IN eII e'I u � i.�, f.II,
„, ...,.� ...,w., ,�. ,. �, � �,,.,�,..� � ,�"ml III,.„,.,. �.„ ... �.„. � "ml, ., ., .,w«., ,., ,,,II. .�..,.„. Ilf,�o...,,, I
�..x :,"ml,„ ,.""'., ,,w,,.� ,.
7 III� IIIIII � . III �� �Iw � I IµIII �III All I I ��Iw
IIIII �,� Iw IIIII. 'Ci I I� I.. .. ,11 ll� II IIII.
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
.., „ .„ ..., ., f „ � .., ,I„ ..., .:"IIIII '�I mI., y. „. ,,w, �..,� `nll,.,,w II w.IIIII,.,„ I �„,„. II�,.
8 �111111111111 I I III .I I �ll, i e II'll iIll, �g I �� Iwo� .�i�°��I �� et Iwo I �. I �... I
III
... ... .... .. .. ... ...
...� .:film � ,.�,� ., I
I� u Is�. �„�1. IIIII 1. IIV.I....1 I IIIII. � d t �11 .� �.i ���..�I� :. I).�. �I �.. �I:1:.�-w l: I�. i„l T III,�* �� ��� �I- �II
........................................................................................................................................................................................................................................... ........!............ ............................................................................................t........................... ......................"I'll,.......... ...........................
. .
111,
IS I'llIIIII II IIII. IIIIIIIIIII I �k I .. I� Iw�� . I I �� II�1 6 I III. e I ,, I ..� ..
.. m IIIII ... ,.., .... ... .. ,,. ..,. .. .... ,..,
III
, ,., ^,, ,,, ml mo., .,.ml 6 .,. Ilp a ', ' Ik.
µ . .�e .IIIII I , .IIIII e t .� �� ..e w� II IIIII t le I � �et 1 �w
t'l...p...gi-j....I.. I I e'.I IS!I I� I �i III II°� I�e� I�°�....� � i I.
..
{A0630331.2}
CIIIII i IIIII IIIII u� �� � ...� .,���� ,�,. � IIIIit e� +�w',��Ili '�"Illi...����j'�.�I ,�.,���� �iil�i ��„. .,�.
9 Vim,IIII!..... .I...�' li. .i ... IIII.!.... .. �IW,- ...I�,,,:°, 0.. ..I�� ... e i V�W i t Ilu��lu ....II"� ..IIIII..���I. I4 1��� li. �'t��IIIII...... .... �.�... .V�W......!� �.....� �� � V�� �.
���������... �tlo it uo�
�S� o� .,������� �.,.Ili,� .,������� � .�..,�� 'llo, ���� ..,�.. .,, 'um.", �,� �,�Ili���., ..� �..�� ��i f u„Ili ,����� ., a��,. „., ., �„ ,.;�'� ��u„�Ili�".��." ,. �
III ;:, e
.. ....
(I I i t.���,.e t�11� t,�] d*[1-ie `[Iowt is cot"�icet"t I� �. �1
Ifie SUb .� .���. .�. � IIII��III .� �� �I� �, �� ��°�.II �� 1 ��.� g �e e�. .
�...�,. ,.�III ."...
,toC
I 1'1�111-111et' [i( 'of FIA,(
,t''
,,,
III
''
�I
"'I"I
..
. aII �. .... I �� IIIIL I a t'i . �.� � jjjjj� � 'i IIIII .I
. lit to �'�I t �. �i .............
� �����'� �. � � 1 :�1 1 � �� � III� �i,� I� ���� Is '� 1���II� � .� e-'Ti �k)Nr� IIIIL II
FOR THE TOWN OF BELMONT
...L.::IIIIL........:......... ... .......... ..........::......:: ..... ...::.. :....
Funds Available, Town Accountant
FOR THE TOWN OF LEXINGTON
.
Health Director
Assistant Town Manager for Development
{A0630331.2}
Town Manager
Funds Available, Town Comptroller
{A0630331.2}
Town of Lexington
Land Use, Health and Development Department
Office of Public Health
1625 Massachusetts Avenue
Lexington,MA 02420
(781)-698-4533
Fax(781)-861-2780
Kari Sasportas,MSW,MPH,REHS/RS Board of Health
Health Director x 84503 Wendy Heiger-Bernays,PhD,Chair
Sharon Mackenzie,R.N.,CCM
David Neylon,RN,MPH,REHS/RS Burt M. Perlmutter,M.D.
Public Health Nurse x 84509 David S. Geller,M.D.
John J.Flynn,J.D.
Kammy Demello,MPH
Health Agent x 84507
January 6, 2020
RE:Nursing Services Agreement with Belmont
Dear Lexington Board of Selectmen and Mr. Malloy,Town Manager,
It has just come to my attention that the Nursing Services Agreement with Belmont is on the
agenda for this evening.Thank you very much for recognizing the importance of budgeting for
this capability.
In the Nursing Services Agreement, Section A. (Work Schedules and Benefits), item 3) now
reads, "Either town may request of the other extra hours to cover emergency situations
especially communicable disease control activities, vaccination clinics or emergency
preparedness activities...."
Unfortunately,this language is not beneficial to Lexington.When there is an emergency, such as
an influenza outbreak that requires activation of an Emergency Dispensing Site (EDS),
Lexington will have no authority to require that the public health nurse participate in emergency
response efforts in Lexington,including vaccinations and EDS activation. The last draft version
of the contract that the Lexington Board of Health reviewed had added language to this section
to assure that Lexington has adequate coverage during an emergency, stating the following:
"The Health Director for the Town of Lexington will make final decisions whether an emergency
situation warrants a change in the Public Health Nurse's schedule."
The original Nursing services agreement between the Towns of Lexington and Belmont had the
Boards of Health and the Health Directors of each community as signatories in the agreement,
as it was set up as a shared public health services agreement under the state Is public health
regionalization statutes. Because this new contract is set up as an intermunicipal agreement
with the Board of Selectmen as signatories,the Lexington Board of Health did not have an
opportunity to review the language of this contract before it was finalized. Perhaps the Town of
Belmont required the agreement as it is now written,but I would not be aware of the
conversations that transpired.
There are two possible contractual agreements that we discussed with Town Counsel, Mr.
Malloy,Assistant Town Manager for Development, Carol Kowalski, and Health Director
Sasportas last summer.The first is a public health shared services agreement that is allowed by
Chapter 529 of the Acts of 2oo8 relevant to public health regionalization.The Act resulted in
revisions to state statute MGL ch.11l sections 27A-C allowing public health shared services
agreement in which the signatories would be the Lexington and Belmont Boards of Health and
would have to be approved by Town Meeting. This is the type of agreement in the original 2008
contact. The other,which was chosen for this contract, is an intermunicipal agreement under
the authority of MGL ch.40 section 4A,which does not require Board of Health approval.
In conclusion, I want the Board of Selectmen and Town Manager's office to know that the
agreement as written may disadvantage Lexington and require that Lexington seek a back-up
contract for public health nursing services during emergencies or when both Towns are seeking
the services of the shared public health nurse at the same time.
Please contact me if you have any questions or need any more information.
Respectfully,
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Draft Action Items from Selectmen's Goals
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.3
SUMMARY:
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
1/6/2020 7:5 0 p.m.
ATTACHMENTS:
Description Type
Board of Selectmen Goals
January 2020—December 2021
TOP PRIORITIES
Thriving local economy
• Create a predictable framework for permitting processes:
o Redesign the Business Resource Guide to provide a more detailed explanation of the permitting
process—the measurable goal will be an updated Business Resource Guide,this is to be
undertaken by the Economic Development Office to be completed by Fall 2020.
o Ensure businesses understand the Towns coordinated effort of all permitting departments
through the Design Review Team (DRT). Promote the "one-stop" shop for all pre-permitting
review to ensure that permitting processes go smoothly and that by the time an applicant is
before a Board or Committee that all staff have commented on plans and that the plans meet
the Town's requirements. The measurable goal is that outlines of meetings of the DRT are to be
forwarded to the Town Manager and that a report will be developed outlining the number of
days from initial contact to the Town to completion for the past 3 years will be developed and
updated regularly to indicate the effectiveness of the DRT process,to be undertaken by the
Planning Office. The initial report will be due July 2020.
o Training for all Development/Permitting Boards—Training programs will be offered to these
Boards through the Citizen Planning Collaborative and/or other programs and will be ongoing
through the next two years. This will be undertaken by the Planning Department and a record
kept of each Board member's training. This will be initiated January 1, 2020.
• Engage in a community conversation to define what attractive and vibrant would look like for
Lexington:
o This will be part of the ongoing comprehensive plan update with at least one specific facilitated
community conversation to define what "attractive" and "vibrant" means in relation to
Lexington. This will be undertaken by the Planning Department and incorporated into the final
report on the Comprehensive Plan with a goal to complete the Comprehensive Plan no later
than December 31, 2020.
• Work with businesses and property owners to develop creative and integrated solutions:
o Continue meetings with both small local businesses and larger, corporate businesses.
■ Small business meetings will commence on a quarterly basis (starting with the first quarter
of 2020), where these have been irregularly scheduled over the past year. This will be one
venue to have discussions with local businesses over a variety of topics, including the impact
of the Center Streetscape Project. The measurable goal will be improved communications
from 4 quarterly meetings by December 2020. These meetings will be scheduled through
the Economic Development Office who will attend these meetings,the Selectmen will
designate two members as well as the Town Manager or his designee to attend these
meetings.
■ The outreach program with larger businesses will continue through 2020 with the plan to
hold at least six meetings with large businesses during 2020 targeted to businesses that may
be growing, lease renewals or other indicators. This will be coordinated through the
1
Economic Development and Town Manager's offices. With one of these meetings being a
joint meeting with the Center Businesses group.
■ Center Businesses—A quarterly meeting will be established in 2020 specifically with
businesses in the Center Business District through the Center Committee to discuss the
impacts of the Center Streetscape Project and to work around as many issues as possible to
ensure the project goes smoothly. The project is slated for construction to begin in the
Spring of 2021,therefore starting the first quarter of 2020 a meeting will be initiated
through the Economic Development, Public Works Department and Public Information
Officer, who will be responsible to communicate with businesses to ensure an effective two-
way communication before and during the project to minimize complaints and to establish
an effective complaint resolution program during construction.
■ Through the Town's Finance Department, data will be accumulated during the first three
quarters of 2020 to develop an impact statement and to identify the number of businesses
that would be able to participate in a Small Business Tax Exemption program. The Finance
Department will make contact with all businesses identified as eligible based upon their
property valuation and will identify the number of employees to establish a list of potential
businesses and further develop an impact to all other commercial businesses should the
Town offer a Small Business Exemption. The timeframe will be to ensure a final report is
provided to the Board of Selectmen one month prior to the FY21 tax rate setting hearings.
livability
• Develop effective transportation solutions:
o The Transportation Manager will continue to work with others in the neighboring communities
to identify opportunities to cooperate and develop a broader use of the Town's transportation
services.
o The Transportation Manager will review and identify opportunities to provide first mile/last mile
service during the morning and evening rush hours to connect local businesses with other public
transportation options using the Lexpress or Rev bus services.
o The Transportation Manager will work with the MBTA on potential new bus routes to provide
improved services for residents seeking public transportation.
o The measurable goal for the above three bullets is to see increased usage (not a defined
percentage as this will be a multi-year goal seeking to increase public transportation usage)
during 2020 and to provide a recommendation on alternative routes that would link Lexpress or
other public transportation services to regional train services available in nearby communities.
o During 2020, the Transportation Manager working with the Town Engineer and Public Works
Department will identify potential locations for a protected bike lane trial in Town. The
measurable goal will be to include a recommendation whether a protected bike lane is
possible/advisable and that any costs be included for the FY21 budget.
• Review residential zoning for ways to create new housing opportunities and protect the diversity of
existing housing stock.
o The Board of Selectmen have already had an introductory presentation on Chapter 40R and 40S
development. The Board will schedule a secondary discussion on these options during the first
quarter of 2020 with the goal of having a position developed during the second quarter with the
2
goal of having any action required of Town Meeting included in a Fall 2020 Town Meeting
wa rra nt.
o The Board of Selectmen will work with the Planning Department, Community Preservation
Committee, Housing Partnership, LexHab, Housing Authority and others to review existing
affordable housing stock, improvements that may be needed and to develop a plan to fund
improvements. The Board will hold an initial meeting during the first quarter, develop a working
group of these Committees to identify opportunities and the Town Manager will identify
appropriate staff to assist in this review. The working group will work throughout 2020 and
identify funding opportunities and/or needs and will present to the Board of Selectmen an
interim report in the Fall of 2020 to obtain feedback and then provide recommendations to the
Board in December 2020 for any action needed by the Town at Annual Town Meeting 2021.
HIGH PRIORITIES
Quality Infrastructure,Amenities and Municipal Services
• Review the charges for all Town Committees; modify and update as appropriate to reflect Board
priorities and create expanded opportunities for resident participation.
o During the first half of 2020, the Board will designate two Selectmen to work as a sub-group,
working with the Management Fellow to identify the legal basis of all Town Committees and
whether the Committees are mandated by law, mandated by some other law the Town has
adopted or optional. Those Committees that are identified as optional, will be reviewed to
determine the ongoing necessity of the Committee. The charge for all Committees, both
mandated and optional will be reviewed to determine if they continue to be appropriate and/or
whether an updated charge is advisable and will provide a recommendation to the Board for
consideration by December 2020.
o The Board will commence a discussion on the role of Board Liaison to various Committees and
establish protocols for the Board Liaisons. This discussion will commence in January 2020 and
will conclude by June 2020. The Chair of the Board will review other community's liaison roles
and develop a protocol for discussion with the full Board no later than May of 2020.
Community Character
• Communicate a plan for broadening diversity hiring for Town staff.
o The Town Manager and HR Director will identify additional resources to advertise and promote
job openings and will continue the employee survey that was undertaken in 2019 to measure
and identify whether there are improvements or lessening diversity and will report back in Fall
2020 on the employee demographics.
o The Board of Selectmen through the activities listed above relative to reviewing the charge of all
Committees and seeking to provide additional opportunities for residents (that may not have
previously been involved)will require that all vacancies, and those seats with incumbents who's
terms are expiring,whether the Committee is appointed by the Board of Selectmen or Town
Manager to be advertised in local papers, on Town bulletin boards and the Town's website with
a copy of the opportunity emailed to all those previous attendees of the Citizen's Academy to
seek to diversify Committee membership.
• Town-wide fiscal stewardship.
3
o Limit the rate of property tax increase. Communication to residents on finances and how it
relates to their tax bill. The Town Manager and Finance Department will develop some easy to
understand informational pieces during 2020 and will work with the Public Information Officer
on the best means to communicate to residents through Town Meeting, a community
conversation, online, mail and/or LexMedia.
o Review home rule petition opportunities to address the issue of tax deferrals and the timing of
when interest begins after the property owner(s) pass away and the estate is required to pay
the deferred taxes. The Board will plan to add to the 2020 Annual Town Meeting warrant, an
article will be included seeking a home rule petition that would allow the Town of Lexington to
set the timing and interest rate for the deferred taxes for the residential tax deferral.
o Take action on the residential exemption study committee recommendations, including
development of a means-tested and/or age-based residential exemption—The Board will charge
a new Residential Exemption Study Committee in 2020 to take up this issue and make a
recommendation by September 2020 at which time the Ad Hoc Committee will sunset.
• Develop a capital master plan that encompasses all capital items (infrastructure, buildings, etc.) and
incorporates the School's Master Plan.
o The Town Manager,Assistant Town Manager for Finance, Director of Public Facilities and
Director of Public Works will provide an estimated cost for inclusion for items costing over
$500,000 in the 2020 Annual Town Meeting warrant to develop a full cost and will report
back in time for the FY23 budget process (Fall of 2021).
o The Town Manager and Finance Department will draft a comprehensive debt management plan
in the form of guidelines to be presented to the Board of Selectmen prior to September 2020
and incorporated into the FY22 budget process.
OTHER PRIORITIES
The following items were listed under"other priorities" and will be worked on to move them forward,
but without the top and high priority detail. These include:
• Implement the Sustainable Action Plan and Getting to Net Zero Action Plan—The Town is in the
process of hiring a Sustainability Director and has developed an Integrated Building Design and
Construction Policy to provide direction for building projects. The implementation plan for the
Sustainable Action Plan and Getting to Net Zero Action Plan will be under the direction of the
Sustainability Director in consultation with the Town Manager and Board of Selectmen.
• 250t" Celebration—The Board of Selectmen will create and appoint a Committee in 2020 to oversee
and plan activities for the 250t" anniversary of the Battle of Lexington and the Board will also
coordinate with surrounding Towns on collaborative opportunities.
• Two-way communication—The Town Manager will work with the Board during 2020 to better
define what is intended for two-way communication tools and will work with the Public Information
Officer to review existing online platforms and a non-online option and will implement (subject to
budget appropriation) a plan to improve communications between residents and Town
Departments.
4
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discuss Committee Charge for Historic Districts Commission- Nominating Bodies
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.4
SUMMARY:
The HD C is seeking to amend their enabling legislation(Chapter 447 of the Acts of 19 5 6)to change the
nomination from the Lexington Arts and Crafts Society, Inc. to the Lexington Chamber of Commerce. A
redlined version of the proposed changes is attached.
SUGGESTED MOTION:
As this will need to go to Town Meeting, no action is required of the Board at this time, other than a consensus
to move forward to Town Meeting.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
1/6/2020 8:10 p.m.
ATTACHMENTS:
Description Type
SPECIAL ACTS
"Exterior architectural feature", the architectural style and general arrangement of such portion of the
exterior of a building or structure as is designed to be open to view from a public street, way, or place
including the kind, color and texture of the building materials of such portion and the type and style of all
windows, doors, lights, signs and other fixtures appurtenant to such portion.
"Historic districts",the districts established by section two.
"Person", the word "person" includes an individual, a corporate or unincorporated organization or
association and the town of Lexington.
"Structure", a combination of materials, other than a building, sign or billboard.
Section 4. Creation and Organization of Historic Districts Commission. -There is hereby established in the
town of Lexington an Historic Districts Commission consisting of five unpaid members who shall be
residents of the town of Lexington, to be appointed by the selectmen of the town as follows: - two from
four candidates nominated by the Lexington Historical Society,one from two candidates nominated by"111
;
. .
Cl oil` 1: , , one from two
candidates nominated by the trustees of the Cary Memorial Library and one member selected at large by
the selectmen. The members initially appointed hereunder shall serve,in the case of one member appointed
upon nomination of the Lexington Historical Society, for a term expiring one year; in the case of the
member appomte upon nomination o .; iiii:.pii r iiiii: '' :: ........
:: : : "1111111111iiii � ....
...............................................................................................................................
.,for a term expiring two years,in the case of the member appointed upon nomination
of the trustees of the Cary Memorial Library, for a term expiring three years, in the case of the second
member appointed upon nomination of the Lexington Historical Society, for a term expiring four years, in
the case of the member appointed at large by the selectmen, for a term expiring five years, from January
first following the year of such appointments. The selectmen also shall appoint for terms of five years from
January first following the year of such appointments four associate members of the commission selected
from candidates nominated by the aforesaid organizations and trustees, each such organization and trustees
to nominate two each when two or more associate members are to be appointed and to nominate one each
when only one associate member is to be appointed. In case of the absence, inability to act, or interest on
the part of a member of the commission his place may be taken by an associate member designated by the
chairman of the commission. In case of a vacancy on said commission the chairman may designate an
associate member to serve as a member of the commission until said vacancy is filled as provided in this
section. As the term of any member or associate member expires, his successor shall be appointed in like
manner for a term of five years. Vacancies in the commission shall be filled in the same manner for the
unexpired term. Every member and associate member shall continue in office after the expiration of his
term until his successor is duly appointed and qualified.Any member or associate member may be removed
I for cause by the appointing authority upon written charges and after a public hearing.
I The commission shall elect a chairman from its membership. In the case of absence of the
chairman from any meeting,the commission shall elect a chairman pro tempore for such meeting.
A201:31 05 -01 -2014
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discuss and Approve Formation of Committee for 250th Anniversary of Battle of Lexington
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.5
SUMMARY:
One of the Board's goals this year was to e s tab lis h a committee for the 2 5 0th Anniversary of the Battle of
Lexington, which will be taking place in the year 2025. Attached is a draft of the committee charge for
discussion and approval. The committee will subsequently be known as the S emiquincentennial Commission
(Lex250).
SUGGESTED MOTION:
Move to approve the formation of the S emiquinc entennial Commission(Lex250).
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
1/6/2020 8:20 p.m.
ATTACHMENTS:
Description Type
I'a"V1*1MtV+"WU')Z*th lawlzfil
Semiguincentennial Commission(Lex25Q)
Formatted:Left
f
Members: 94-0 Members(5 liaisons, JJL %_�11C411 Cto JLJL%JJLJL-V kjL1115
Appointed by: Board of Selectmen
Length of Term: Following completion of all planned activities in 2026 242-5.
Meeting Times: As determined by the Committee.
Provide for a minimum of three community meetings(one daytime/one
evening/one weekend day)to solicit public comment within the first 18
months of the Committee's formation.
Description: To evaluate,make recommendations and coordinate the Town wide
activities to be held to commemorate the 250thAnniversary of the Battle
of Lexington fwhich will take place in April 2025)and other historical
events related to the founding-of-our Country.And to further the coordination of the Town's
events with local,state,regional and federal events.-.
Deliverables: As part of its study and investigation,the committee shall:
f1j(4develop a comprehensive plan for celebrating and promoting the Formatted:Numbered+Level:I+Numbering Style:1,2,
250th anniversary of the Battle of Lexington; 31...+Start at:I+Alignment:Left+Aligned at: 1.5"+
Indent at: 1.75"
(2) Develop a plan for a permanent memorial
(1-2)identify opportunities for individuals or organizations to participate in
celebrations of the anniversary;
(43)commit to diversity,inclusiveness,and opportunity at all levels and
activities.
Criteria for Membership:
Appointments will be made by the Board of Selectmen,who will also designate a Chairman who
will serve to facilitate the meetings but will not have a vote.
One representative from each of the following groups will constitute this committee:
• Board of Selectmen
• HM 10th Regiment of Foot
0 Lexington Chamber of Commerce/Lexington Retailers Association Designee
• Lexington Historical Society
• Lexington Minutemen Company
• T Dr%+q;1,m*-c, A
cc r�r®7.a4wra--
-- -
• 'I
Lexington School Department Designee
• Music&Arts Community Designee
• Tourism Committee
• Town Celebrations Committee
Staff Support :Department of Public Works,Economic Development Office,
Fire Department, Police Department,Public Information Officer
Ex Officio/Liaisons(non-voting):
• Appropriation Committee
• Capital Expenditures Committee
• Lexington Field&Garden Club
• Lexington Interfaith Clergy Association
•-William Diamond Jr.Fife&Drum Company
• Lexington Lions Club
• Lexington Rotary Club
• Media Relations
Formatted:Bulleted+Level:1+Aligned at: 0.5"+Indent
to serving as a member of this Committee,appointees are required to: at: 0.75
1. Acknowledge receipt of the Summary of the Conflict of Interest Statue.Further,to
continue to serve on the Committee the member must acknowledge annually receipt of
the Summary of the Conflict of Interest Statue. Said summary will be provided by and
acknowledged to the Town Clerk.
2. Provide evidence to the Town Clerk that the appointee has completed the on-line training
requirement required by the Conflict of Interest statue. Further,to continue to serve on
the Committee,the member must acknowledge every two years completion of the on-line
training requirement.
Ref: Adopted by the Board of Selectmen on
Board of Selectmen voted to designate as Special Municipal Employees on
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Annual License Renewal
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.6
SUMMARY.-
The fo llo wing annual lic ens e renewal for 2020 is ready for your approval and signatures:
Common Victualler
The Hangar
SUGGESTED MOTION:
Move to approve and sign the lic ens e renewal as fo llo ws:
Common Victualler
The Hangar
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
1/6/2020 8:3 5 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve One-Day Liquor Licenses
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.1
SUMMARY:
Spectacle Management has requested two one-day liquor licenses to serve beer and wine in the lobby of Cary
Memorial Building, 1605 Massachusetts Avenue, for the purpose of two events on the following dates:
• Lexington Chamber of Commerce Gala, Thursday, January 30, 2020 6:00 p.m. to 10:00 p.m.
• Mo Rocca Lecture, Friday, January 31, 2020 7:30 p.m. to 9:30 p.m.
The Cary Memorial Library Foundation has requested a one-day liquor license to serve beer and wine for the
purpose of their Library After Dark Event to be held at Cary Memorial Library, 1874 Massachusetts Avenue,
on Saturday, March 28, 2020. The beer and wine will be served from 7:00 p.m. to 9:00 p.m.
SUGGESTED MOTION:
Move to approve the consent.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
1/6/2020
ATTACHMENTS:
Description Type
e Eky 1..1......Spectacle Management 1.::...exin gton .'harnberof(._A,)rT1r c r(,,c
Gala
E) On.e I y 1..,l.. Spectacle le 11[an.a ement,,,,, o R(')cca I k,,ctlur Baickup Material
I
One�Day I I., C'my Met"t.mial I ibrary Foundatiori. I.kicl<up Material
Imp I
j
S Olt C 2 Z 0 1
�°� � ��'T TOWN OF LEXINGTON
� �" a SELECTMEN'S OFFICE rh, t CY Olt 30
APRIL19TH
moot APPLICATION FOR �Z�7 .C7Q
ONE—DAY LIQUOR LICENSE
The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this form
completely and return to the Selectmen's Office along with a check for $25.00 made payable to the
Town of Lexington.
BUSINES S/FUNDRAIS ING ORGANIZATION: Spectacle Management
CONTACT NAME AND NUMBER: Jack Lally,
ADDRESS FOR MAILING: 4 Muzzey St. Lexington MA 02420
EMAIL ADDRESS:
TITLE/PURPOSE OF EVENT: Lexington Chamber of Commerce Gala
I
Cary Memorial NO, 1605 Massachusetts Avenue
LOCATION AND ADDRESS: bu,1 010G1
DATE OF FUNCTION: January 30, 2020
6:00 - 10:00 PM
TIMES OF FUNCTION:
Beer and Wine
TYPE OF LIQUOR TO BE SERVED:
3:00 PM
DATE AND TIME WHEN LIQUOR DELIVERED:
11 :00 PM
DATE AND TIME WHEN LIQUOR REMOVED:
ADDITIONAL INFORMATION:
c�/uthorized Signature Federal Identification No. or
Social Security Number
TOWN OF LEXINGTON
SELECTMEN'S OFFICE
AM
APPLICATION FOR
ONE-DAY LIQUOR LICENSE
The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this form
completely and return to the Selectmen's Office along with a check for $25.00 made payable to the
Town of Lexington.
BUSINESS/FUNDRAISING ORGANIZATION: Spectacle Management
CONTACT NAME AND NUMBER: Jack Lally,
ADDRESS FOR MAILING: 4 Muzzey St. Lexington MA 02420
EMAIL ADDRESS:
Mo Rocca Lecture
TITLE/PURPOSE OF EVENT:
Cary Memorial , 1605 Massachusetts Avenue
LOCATION AND ADDRESS: buildin 9
DATE OF FUNCTION: Friday, January 31, 2020
7:30 PM
TIMES OF FUNCTION:
Beer and Wine
TYPE OF LIQUOR TO BE SERVED:
3:00 PM
DATE AND TIME WHEN LIQUOR DELIVERED:
10:30 PM
DATE AND TIME WHEN LIQUOR REMOVED:
ADDITIONAL INFORMATION:
/0)
Au&0'rized Signature Federal Identification No. or
Social Security Number
. .......
��� � TOWN OF LEXINGTONt,,�
SELECTMEN'S OFFICE
APPLICATIONFORUNEmDAY jOUOR LLICENSE 43 14,.,50 00
The Board of Selectmen(Local Licensing Authority)may issue One-Day Liquor Licenses for the sale and/or service of wine
and malt beverages to any enterprise;all alc&olig beverages maybe issued only to non-profit organizations. As required by
the ABCC,Liquor for use at a one-day liquor license event must be purchased from a licensed wholesaler.Please fill in this
form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington.
BUSINESS/FUNDRAISING ORGANIZATION: ��h L►br"r�.
CONTACT NAME AND NLTMBER: M°'ry E'1(�- ���.�
ADDRESS FOR ILING: ij Av i,, Li j j.,4 . M/-1
6L 2..0
EMAIL ADDRESS:
TITLE/PURPOSE OF EVENT: C.16t At
LOCATION AND ADDRESS* elf. �' 1 Z0X
DATE OF FUNCTION.: Sr 1�VTRA Mor a,
TIMES OF FUNCTION: `7---4q P'`�
Ahd
TYPE OF LIQUOR TO BE SERVED: 20
DATE AND TIME WHEN LIQUOR DELIVERED: *3 �Z�� �� RAP"" S � '^�LO
DATE AND TIME WHEN LIQUOR REMOVED: �� Z$� a�����` � p m
ADDITIONAL INFORMATION:
r-.� Federal Identification No. or
Authorized Signature
Date Social Security Number