HomeMy WebLinkAbout2019-08-19 BOS-min
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SELECTMEN'S MEETING
August 19, 2019
A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday,
August 19, 2019 in the Selectmen’s Meeting Room, Town Office Building. Mr. Lucente, Chair;
Ms. Barry; Ms. Hai; and Mr. Sandeen were present as well as Mr. Malloy, Town Manager; and
Ms. Katzenback, Executive Clerk.
PUBLIC COMMENTS
Shannon DeGugliemo, 24 Sunset Street, Bedford and Director C& W Transportation, expressed
concern regarding the temporary bicycle lanes on Massachusetts Avenue marked as the detour
during the construction on the Minuteman Bikeway..
Bob Pressman, 22 Locust Avenue, expressed concern regarding the temporary bicycle lanes on
Massachusetts Avenue marked as the detour during the construction on the Minuteman Bikeway.
Susan McClements, 5 Stetson Street, announced the upcoming events being held by Lexington
Unites for Puerto Rico on September 20-22, 2019.
Scott Maloney, 6 Apple Tree Lane, Bedford, Vice President of Arlex Oil, expressed concern
regarding the temporary bicycle lanes on Massachusetts Avenue marked as the detour during the
construction on the Minuteman Bikeway.
SELECTMAN CONCERNS AND LIAISON REPORTS
Ms. Hai reported the August 14, 2019 Economic Development Advisory Committee (EDAC)
meeting included a discussion on Planning Board projects as well as an update on the Hartwell
Avenue Project regarding property owner engagement and traffic concerns. Ms. Hai said the
State Secretary of Housing and Economic Development, Mike Kennealy, will be in Lexington on
September 5, 2019 for a presentation and discussion regarding Hartwell Avenue development
possibilities, both the EDAC and Hartwell business owners are to attend.
Ms. Barry stated LexHab is holding an information session on September 10,2019 in Estabrook
Hall, Cary Memorial Building regarding the new affordable housing opportunity available for
Town of Lexington employees.
Mr. Sandeen reported he attended the following events: the Farmers Market on August 6, 2019 at
which the Mass Department of Agriculture also attended; Community Conversation on
Diversity, Equity and Inclusion on August 8, 2019 and the Lexington Says Enough Vigil on
August 11, 2019 held to remember the victim of El Paso, Texas and Dayton, Ohio.
TOWN MANAGER REPORT
Mr. Malloy said Lexington has been asked to join Worcester, Lowell, Newton, Salem and
Northhampton in a study of opioids in sewage through testing at various manholes in a study
being undertaken by the state public health.
Mr. Malloy reported construction of Public Facilities continues to make good progress.
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Lexington Children’s Place Teaching and administrative staff will be in the building this
week getting it ready for August 27, 2019.
Hastings School is really taking shape now and is targeted to open in six months
Fire Headquarters Building is progressing quickly.
Visitor Center foundations and walls are 75% complete and the project remains on
schedule.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Application: One-Day Liquor License - Lexington Education Foundation Inaugural Golf
Classic at Pine Meadows Golf Club, 255 Cedar Street
Ms. Patrice Cleaves, Lexington Education Foundation (LEF) Co President, gave an overview of
their request for a one-day liquor license to serve beer, wine, and breakfast spirits for the purpose
of the LEF Inaugural Golf Classic event to be held at Pine Meadows Golf Club, 255 Cedar
Street, on the Friday, September 27, 2019. The event will begin at 8:00 a.m. and conclude at 3:30
p.m.
Ms. Hai asked if a one day liquor license can be issued for an event using donated alcohol.
This item was tabled until the September 9, 2019 in order to allow for time to verify regulations
for One-Day Special License regarding donated alcohol.
2. Review Updated Draft of Battle Green and Belfry Interpretative Rail Signs
Dawn McKenna, Tourism Committee Chair, provided a revised draft of the Battle Green and
Belfry Interpretive signs for Selectmen comment. Ms. McKenna explained that the feedback
from the Board of Selectmen, the stakeholder group and the Tourism Committee on this draft
will be used for the creation of the final design which will then be presented to the Board for
approval in September.
Mr. Lucente suggested to add the date for Patriots Day to the Freedom Rings Rail.
Ms. Barry asked about the timeline for the installation of the rails. Ms. McKenna stated
installation will be dependent upon approval of the final draft and hopes that installation will be
before the end of 2019.
The Board was in agreement that this project should move forward onto final draft preparation in
order to be brought back at a future date for final Board of Selectmen approval.
3. Conservation Land Acquisition: Kendall Road and Sherburne Road South
Mr. Malloy stated the purchase of land at Kendall Road and Sherburne Road South was
authorized and appropriated at the 2019 Annual Town Meeting with FY2020 Community
Preservation Funds. The Conservation Commission executed the Record Vote at their meeting
on August 5, 2019.
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the
purchase of property on Kendall Road as follows with respect to: (i) that certain property located
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on Kendall Road, Lexington, Massachusetts, identified as Town of Lexington Assessor’s Parcel
ID 32-114, consisting of approximately 22,034 square feet (the “Kendall Property”); and (ii) that
certain property located on Sherburne Road, Lexington, Massachusetts, identified as Town of
Lexington Assessor’s Parcel ID 32-135, consisting of approximately 4.8 acres (the “Sherburne
Property”):
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve that
certain Purchase and Sale Agreement between Capaldi Limited Partnership, as seller, and the
Town of Lexington Conservation Commission, as buyer, for the Kendall Property substantially
the form presented to the Board at its August 19, 2019 meeting, with final changes to be
approved by the Town Manager in the Town Manager’s reasonable discretion in consultation
with town counsel; and
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve that
certain Purchase and Sale Agreement between Colonial Development Corp, as seller, and the
Town of Lexington Conservation Commission, as buyer, for the Sherburne Property
substantially the form presented to the Board at its August 19, 2019 meeting, with final changes
to be approved by the Town Manager in the Town Manager’s reasonable discretion in
consultation with Town Counsel.
4. Review and Approve Banner Policy
Mr. Malloy presented the revised drafts for the Town of Lexington Street Pole Banner Policy
and the Massachusetts Avenue Street Banner Policy for the Board’s review.
Ms. Hai noted a correction to be made to remove the word “or” under item 1 on the Pole Banner
Policy.
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Town
of Lexington Street Pole Banner Policy and the Massachusetts Avenue Banner Policy as edited.
5. Update on Sustainability Director and Integrated Building Policy
Mr. Malloy updated the Board regarding the most recent drafts of the Sustainability Director
Position description and the Integrated Building Design & Construction Policy.
Mr. Malloy explained the Sustainability Director Position description has been circulated to
Ricki Pappo, Sustainable Lexington and to Mark Sandeen for comment and the item in the
packet reflects comments that have been received.
In addition, Mr. Malloy said the Integrated Building Design & Construction Policy has been
circulated through the working group consisting of the Permanent Building Committee,
Sustainable Lexington, representatives of the School Committee, Board of Selectmen, Capital
Expenditures Committee, and Mike Cronin of Public Facilities. Mr. Malloy said the working
group will get together later this month or early September to finalize and a recommended
Integrated Building Policy that will be presented to the Selectmen and School Committee.
Ms. Barry indicated that the Sustainability Director Position description is under the purview of
the Town Manager and does not require the approval of the Board of Selectmen.
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Mr. Malloy explained that Town Meeting would need to approve an appropriation for the salary
of the Sustainability Director.
David Kanter, 48 Fifer Lane, expressed concern for the use the name of “Director” for the title of
the Sustainability position.
Dan Voss, Sustainable Lexington Committee, stated the job title for the Sustainable Director
Position reflects the type of work to be done including collaboration with other departments
regarding projects having a sustainability component.
Bob Pressman, 22 Locust Ave, expressed concern about how the job description is written.
Mr. Malloy explained that similar job postings currently in the State of Massachusetts are also
using the title Sustainability Director.
6. Update on Select Board Legislation
Mr. Malloy reported the State House Counsel has completed their review and redraft of these
two home rule petitions for legislation so they are in the proper format. The Town Meeting vote
allows for non-substantive changes to be made by the legislature, subject to the approval of the
Board of Selectmen. The State House Counsel has provided their edit to which our Town
Counsel has reviewed.
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the
proposed changes made by the State House Counsel to the Selectmen-Town Manager Act and
the Representative Town Meeting Act as presented.
7. Update from Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc
Committee
Ms. Hai stated the Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc
Committee has been meeting since December 2018 and the meetings have been filmed by
LexMedia for on demand viewing.
She said the next meeting is on August 20, 2019 and will include participation from
representatives from Commission on Disabilities, Council on Aging, Conservation Commission,
Lexington Youth and Family Services, Lexington Senior Services and Lexington Housing
Partnership. In addition two members of the Planning Board will also be in attendance
Ms. Hai said the committee is nearing the end of the first stage of the charge of gathering input.
She noted drafting of the value statement will take place once data gathering is complete.
8. Call for 2019 Special Fall Town Meeting
Mr. Malloy reviewed the following proposed dates for Special Fall Town Meeting:
Deadline for Receipt of Citizen Articles: September 5, 2019
Submissions to Planning Board: by September 12, 2019
Selectmen’s Meeting to Review Draft Warrant: September 23, 2019
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Selectmen Sign Warrant: October 7, 2019
Mailing and Posting of Warrant: October 26, 2019
Special Town Meeting Dates: November 12 & 13, 2019
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to call for a Special
Fall Town Meeting to begin on Tuesday, November 12, 2019 at 7:30 p.m. in Battin Hall of the
Cary Memorial Building.
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to open the Special
Fall Town Meeting Warrant for citizen petitions through Thursday, September 5, 2019 at 4:00
p.m.
9. Set Dates for Financial Policy Summits and Department Budget Presentations
Mr. Malloy reviewed the following proposed dates for the FY21 Finance Calendar for
discussion.
September 26, 2019 Fall Fiscal Policy Summit
October 7, 2019 Water & Sewer Rate Setting Presentation and Public Hearing
October 16, 2019 Summit I‐ Financial Indicators, Preliminary Projections
& Revenue Allocations
October 21, 2019 Water & Sewer Rates Voted
October 21, 2019 CIP Overview Presented to Board of Selectmen
October 23, 2019 CIP Detail Released to Capital Expenditures Committee
November 12, 2019 Special Town Meeting
November 13, 2019 Special Town Meeting
November 18, 2019 Tax Classification Presentation & Public Hearing
November 21, 2019 Summit II‐ Detailed Projections & Final Revenue Allocation
December 2, 2019 Tax Rate Classification Voted by BOS
December 3, 2019 BOS Hearings on FY2021 Budget (4:00 p.m. – 7:00 p.m.)
December 4, 2019 BOS Hearings on FY2021 Budget (9:00 a.m. – 12:00 noon)
December 9, 2019 BOS Hearings on FY2021 Budget (5:00 p.m. – 8:00 p.m.)
January 10, 2020 Staff to Publish White Book
January 13, 2020 Present White Book to BOS
January 16, 2020 Summit III‐ White Book Review and Discussion
February 6, 2020 Summit IV‐White Book Changes/Final Budget Discussion(if needed)
February 24, 2020 BOS to Vote Proposed Budget
February 28, 2020 Publish Brown Book (4 weeks prior to start of Town Meeting)
February 23, 2020 Start of 2020 Annual Town Meeting
Mr. Malloy explained that in the past there have been three meetings for water/sewer rate setting
and three meetings for tax rate setting and it is being proposed to reduce these to two sessions
each to keep in line with the Board's goal of reducing the overall meeting schedule.
Ms. Barry asked that the Joint Board of Selectmen and School Committee meeting regarding
Mental Health get scheduled before the end of the year. Mr. Malloy replied that a date is being
coordinated.
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Mr. Kanter, Capital Expenditures Committee, requested the CIP Detail be released to the Capital
Expenditures Committee at the time it is given to the Board of Selectmen for the October 21,
2019 presentation.
10. Application: Limousine License - MN Black Car LLC
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the
limousine application and issue one limousine license to MN Black Car LLC, 425 Woburn Street
to expire on May 1, 2020.
11. Appointment of 2019 - 2020 Election Officers
Mr. Lucente explained that three members of the Board of Selectmen have family members
being considered for appointment as Town Election Officers. In the past, Board members
recused themselves for the vote. If the Board members who had family members on the list today
recused themselves, the Board would be left without a quorum for the vote. Mr. Lucente reached
consulted with Town Counsel regarding the use of the Rule of Necessity.
Mr. Makarious, Lexington Town Counsel, replied to Mr. Lucente, via email, stating as described
in the State Ethics advisory 05-05, the Rule of Necessity is appropriate when an elected board is
legally required to act on a matter and it lacks enough members to take valid official action
solely due to board members being disqualified by conflicts of interest from participating in the
matter and the Rule of Necessity can be used for this Board of Selectmen’s agenda item.
Ms. Barry stated her mother’s name does appear on the election officer candidate list and that
she will participate in this agenda item under the role of necessity as advised by Lexington Town
Counsel.
Mr. Sandeen stated his wife’s name does appear on the election officer candidate list and that he
will participate in this agenda item under the role of necessity as advised by Lexington Town
Counsel.
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Town
Election Officers as presented in the memo from the Board of Registrars for the period beginning
September 1, 2019.
12. Discuss Lexington Vacancy on Massport Community Advisory Committee
Mr. Lucente reported that Matthew Romero, Executive Director Massport Communication
Advisory Committee, emailed the Board of Selectmen alerting them of the Lexington’s vacant
seat on the committee. In Mr. Romero’s email, he noted considerations for filling the seat should
include searching for a member who is versed in at least one of the following disciplines: airport
operations; environmental affairs; labor relations; public health; port operations and the
appointee does not need to be a resident of the appointing town.
The Board of Selectmen agreed to recruit candidates outside of the Board of Selectmen for
consideration for appointment as the Lexington member of the Massport Community Advisory
Committee previously held by former Selectman Michelle Ciccolo.
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13. Request to Amend One-Day Liquor License - Saint Nicholas Church 2019 Gyro Fest
Fundraiser
Saint Nicholas Church has requested to amend the time on their previously approved one day
liquor license for their September 21, 2019 Gyro Fest Fundraiser event from 11:00 a.m. to 8:00
p.m. to now be 11:00 a.m. to 9:00 p.m.
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the
amended hours on the Saint Nicholas Church one-day liquor license for the purpose of their 2019
Gyro Fest Fundraiser from 11:00 a.m. to 8:00 p.m. to now be 11:00 a.m. to 9:00 p.m.
CONSENT AGENDA
1. Approve One-Day Liquor Licenses
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a One
Day Liquor Licenses for the Lexington Lodge of Elks BPOE #2204 to serve beer and wine 12:00
p.m. to 6:00 p.m. at their 5th Annual Pig Roast to be held in the parking lot of the Lexington
Lodge of Elks at 959 Waltham Street on Sunday, September 15, 2019.
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a One
Day Liquor Licenses for The Czech and Slovak Association, Inc. to serve beer and wine 6:00
p.m. to 11:00 p.m. for the purpose of their Harvest Fest event to be held at the Sacred Heart
Parish Center, 21 Follen Road being held on Saturday, October 5, 2019.
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve three One
Day Liquor Licenses for the Lexington Historical Society for the following: to serve cider at the
Taverns at Twilight event being held on October 5, 2019 from 5:00 p.m. to 7:00 p.m. at the
Hancock-Clarke House, 36 Hancock Street; to serve wine at the Personal Viewing of the
Gamota Private Collection event being held on Thursday, October 10, 2019 from 7:00 p.m. to
9:00 p.m. at 17 Solomon Pierce Road; and to serve wine at the Mid-Century Modern Cocktail
Party in a Walter Pierce Home event being held on Saturday, November 2, 2019 from 7:00 p.m.
to 9:00 p.m. at 10 Marshall Road.
2. Approve Use of Battle Green - LexFun! Halloween Parade
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the
request for use of the Battle Green for the annual LexFUN Halloween Parade to be held on
Saturday, October 26, 2019 from 10:00 a.m. to 11:30 a.m.
ADJOURN
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn the
meeting at 9:11 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk