HomeMy WebLinkAbout2020-06-29 SB-min
June 29, 2020
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Select Board Meeting
June 29, 2020
A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on Monday
June 29, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and
Mr. Sandeen were present, as well as Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive
Clerk.
Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker’s
March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote
participation during Massachusetts’ State of Emergency due to the outbreak of COVID-19.
Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting
via the Zoom application, regarding the procedure of making a public comment.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
Ms. Hai
● Tourism Committee is finalizing the exhibits for the Visitors Center.
● Special Permit Residential Development Zoning Bylaw Ad Hoc Committee continues to meet in
an effort to bring forth an article to a Fall Special Town Meeting.
● Munroe Center for the Arts has its summer program offerings listed on their website.
Mr. Pato
Sustainable Lexington Committee meeting distributed a letter to the Board regarding the need for
a toxic use reduction plan. Mr. Pato requests that this topic be added to an agenda in the near future
for deliberation.
Ms. Barry
● Hanscom Area Towns Committee - Bedford has taken on the Chair role.
● The blue and gold outdoor uplighting on the Cary Memorial Building and Cary Memorial Library
is in recognition of all of Lexington’s graduates. Lexington High School had their virtual
graduation on June 28, 2020.
Mr. Sandeen
● The House and Senate of Massachusetts are working on absentee voting. Mr. Sandeen asked if the
Select Board might discuss implementation of absentee voting during a future Select Board
meeting.
● Traffic Advisory Group is planning to hold their public forum on July 7, 2020 regarding the
Lexpress routes and present their recommendations to the Select Board on July 13, 2020.
● The Noise Advisory Committee has been getting a number of complaints from neighbors related
to the Waterstone project. Town staff has advised the Noise Advisory Committee that this is water
and sewer work that is expected to continue until the fall.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. COVID-19 Update - Discuss Strategies, Implementation and Community Response Actions
related to COVID-19 Guidelines and Directives
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Ms. Axtell reported, to date there have been 321 confirmed COVID-19 cases reported in the Town of
Lexington.
Town/School/Community:
All Town Departments have partially returned to work with staff working in the offices 25% of the time
and 75% working remotely. The Town will be working towards the staff returning to work in the Town
offices on a full-time regular basis following the recommended protocols of MDPH and the Industrial
Hygienist after consulting with representatives from each building and the health department.
The following establishments have been approved for outdoor dining with alcohol service during the
COVID-19 State of Emergency: Il Casale, Via Lago, Ixtapa and Mario’s.
nd
Ms. Hai expressed concern that Lexington’s testing rate was the 2 lowest testing rate compared to our
neighboring communities and asked if the Town might encourage increased testing.
DOCUMENT PRESENTED: Covid-19 Weekly Report
2. Grant of Location for Verizon Pole: Lincoln Street - Revised Petition
Mr. Lucente opened the hearing at 7:16 p.m.
Mr. Lucente stated Verizon has submitted a revised petition subsequent to the petition approved by the
Select Board in November 2019. After the Select Board approved the last petition, one of the neighbors
complained to Verizon about the location in which pole 55/16 had been approved. The new location was
42 feet from pole 55/16A. After Verizon worked with the parties involved, the parties agreed to locate pole
an additional 11 feet further from the northeast property line between #45 and #43 Lincoln Street. The pole
is now proposed to be 31 feet from pole 55/16A.
Mr. Rick Forman, PIKE, was in attendance as Verizon’s Representative.
Mr. Clint Harris, 43 Lincoln Street, stated he did not receive the first abutter notice and was the neighbor
who expressed concern to Verizon about the original approved location.
Mr. Sandeen asked whether Verizon would be willing to remove the unused wires on Pole 55/17A. Mr.
Sandeen also asked about the status of Pole 55/14 and Pole 55/20, both of which appeared to be condemned.
The Verizon representative agreed that Verizon would remove Verizon’s unused wires from Pole 55/17A
and would request that owners of other unused wires would remove their wires. The Verizon representative
confirmed that based on the markings on Pole 55/14 and 55/20 that those poles had indeed been condemned
and were marked as hazardous. Verizon agreed to communicate their plan for replacing those poles to the
Select Board.
Upon hearing no further comments, Mr. Lucente closed the hearing at 7:33 p.m.
DOCUMENTS PRESENTED: Verizon New Petition Pole Lincoln Street, Notice to Abutters, Approved
Nov 2019 Petition
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
relocation of one (1) JO pole, P.55/16, on the northerly side of Lincoln Street to a point approximately 31'
easterly from its current location on the northerly side of Lincoln Street contingent upon Verizon identifying
the owners of unused wires and unused poles, removing unused wires and unused poles which are theirs,
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and making notification to other parties that unused wires and unused poles be removed on abutting
properties.
3. Presentation to the Chinese American Association of Lexington (CAAL) and the Chinese
Americans of Lexington (CALex) - Thank You for Donations
Mr. .Lucente stated both the Chinese American Association of Lexington (CAAL) and Chinese Americans
of Lexington (CALex) each have made generous donations to support the Town and residents during the
COVID-19 pandemic which included personal protective equipment (PPE) to the Town and the community
which were dispensed through the Lexington Fire Department. Each organization was thanked by members
of the Board.
Fire Chief Sencabaugh thanked both organizations for their donations of PPE especially at the time when
it was so difficult to get the much needed PPE.
Ms. Wang, representing CAAL, and Mr. Xu, representing CALex, thanked the Town for all their support
during COVID-19.
ACTION ITEM:
Deliver plaques to CAAL and CALex respectively to thank them for these generous donations.
4. Voluntary Water Use Restrictions
Mr. Pinsonneault, Director Department of Public Works, stated that in order to maintain regulatory water
pressure in Town to ensure delivery into homes and businesses and proper fire protection during this high
use time frame the Department of Public Works would like to institute a voluntary water restriction from
July 1, 2020 to October 1, 2020. We urge residents and businesses to refrain from any outdoor water use
between the peak demand hours of 5:30am – 8:30am daily. This includes restricting all irrigation and other
outdoor landscape/turf watering, washing vehicles, rinsing driveways, filling pools etc.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve
instituting a voluntary water restriction on any outdoor water use as recommended by DPW between the
hours of 5:30am and 8:30am daily from July 1, 2020 to October 1, 2020.
5. Approve the Creation of 20mph Safety Zone in the Area of Lexington Center
Mr. Lucente stated as a follow-up from the June 15, 2020 Select Board meeting, the Board has been
provided an updated proposed 20 mph safety zone map and report for the Lexington center area. In addition,
Mr. Lucente stated the Center Committee unanimously supported this updated proposal.
Ms. McKenna, 9 Hancock Street, stated she felt that there would be support from the Tourism Committee
and thanked the Board for creating a 20 mph safety zone.
Mr. Freeman, 218 Lowell Street, spoke in support of creating a 20 mph safety zone.
DOCUMENTS PRESENTED: Speed Regulation Center Safety Zone Report, Signs Graphic, New Locus
Map, Center Committee Memo to Select Board re 20mph-Lexington Center Area
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 that in accordance
with the provisions of Massachusetts General Laws, Chapter 90, Section 18B adopted by Town Meeting at
ATM 2017 and later accepted by the Board of Selectmen on May 8, 2017, the Select Board hereby
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implement the following special speed regulation: 20 MPH Safety Zone in Lexington Center and to
authorize the Town Manager to execute said Special Speed Regulation for 20 MPH Safety Zone in
Lexington Center as follows:
● Massachusetts Avenue From Harrington Road to Slocum Road 20 MPH Safety Zone;
● Bedford Street From Harrington Road to Massachusetts Avenue 20 MPH Safety Zone;
● Hancock Street From Bikeway Crossing to Bedford Street 20 MPH Safety Zone;
● Harrington Road From Massachusetts Avenue to Hancock Street 20 MPH Safety Zone;
● Meriam Street From Bikeway Crossing to Massachusetts Avenue 20 MPH Safety Zone;
● Waltham Street From Massachusetts Avenue to Vinebrook Road 20 MPH Safety Zone;
● Woburn Street From Hayes Lane to Massachusetts Avenue 20 MPH Safety Zone.
6. Presentation on Shared Streets and Spaces Grant
Ms. Sandhya Iyer, Economic Development Director, presented an overview to the Board of the grant
application that was submitted on June 23, 2020 regarding shared street and spaces. She presented a map
of Lexington Center showing the areas that are being proposed for consideration to block off to provide
additional space for outdoor dining and creating wider pedestrian lanes between restaurants and the outdoor
dining. Economic Development proposes to use water filled jersey barriers so they can be drained and
moved around as appropriate. Ms. Iyer stated that the Economic Development staff collected some
community feedback on the idea of closing off areas to allow for greater outdoor dining opportunities.
The Board expressed concern that some of the locations proposed in the Lexington Town Center need to
further evaluated for appropriateness and all proposed areas are fully reviewed for safety. The Board also
stated that several other commercial areas should also be considered for such a program, including the East
Lexington commercial area.
DOCUMENTS PRESENTED: Shared Streets Presentation, Grant Application, Center Area Map
Community Feedback
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to endorse the
previously submitted grant application and the general plan to block off parking areas as shown on the
proposed plan in the Lexington Center.
7. Update on Age-Friendly Needs Assessment Results & Recommendations
Jan Mutchler, Center for Social and Demographic Research on Aging, Gerontology Institute University of
Massachusetts Boston presented a summary of the findings from the age-friendly study.
In addition, Ms. Julie Ann Shapiro, Lexington Council on Aging, presented to the Board the following top
4 priority proposed action items.
● HOUSING: 1) Home Modification Assistance - Timeframe: July, 2020 – July, 2021; 2) Affordable
Housing Advocacy.
● TRANSPORTATION: 1) Senior Parking Sticker Program - Timeframe: September, 2020 –
September, 2021; 2) Senior-Only Parking Advocacy 3) Increased Transportation Advocacy.
● SOCIAL PARTICIPATION: 1) Neighborhood Postcard Program - Timeframe: July, 2020 -
ongoing; 2) Technology Program.
● RESPECT AND SOCIAL INCLUSION: 1) Senior Specific Commerce Program - Timeframe:
July/August 2020 – ongoing; 2) COA Mobile Forums; 3) Increased Partnerships.
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The Board thanked Ms. Mutchler and Ms. Shapiro for their updates.
DOCUMENTS PRESENTED: UMass Presentation - Community Needs Assessment, COA Memo
Recommendations to Select Board
ACTION ITEMS:
Council on Aging will work towards proposed initiatives and keep the Board apprised.
At 8:57 p.m. the Board took a brief recess and the meeting resumed at 9:05 p.m.
8. Determination of Tree Hearing - 497 Concord Avenue
Mr. Lucente stated this discussion was a continuation from the May 18, 2020 and June 15, 2020 Select
Board meetings at which it was requested that the applicant and neighbors meet again to try to reach a
consensus regarding the Cotting School’s request to remove the tree located on their property, 497 Concord
Avenue.
General Board discussion ensued. After hearing much information from the Cotting School, concerned
neighbors, the Lexington Tree Committee, and Town staff, the majority of the Board were in agreement
that the tree should be removed. Mr. Sandeen stated as this tree has significant value for many reasons, he
felt it should not be removed.
Ms. Cerny, 1 Barberry Road, expressed concern regarding the removal of the tree.
Ms. Sofen, 3 Abernathy Road, expressed concern regarding the removal of the tree.
DOCUMENTS PRESENTED: Town Manager& Staff Comments & Recommendation, Tree Warden
Recommendation, Tree Committee Recommendation, Cotting School Letter Cover Memo Resident
Petition, Tree Bylaw, Cotting Letter 6/29 Cover Memo Irish Letter, VAI Letter Cover Memo VAI Letter
Nov 2019, Mei Tuo Email on Easement
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-1 (Mr. Sandeen
voted no) to authorize the removal of the non-hazardous public shade tree at 497 Concord Avenue, with the
property owner paying $16,800 to the Town of Lexington for the value of the tree.
9. Fiscal Year 2020 Year-End Budget Adjustments
Ms. Barry recused herself as her husband is an employee of the Town.
Ms. Kosnoff, Assistant Town Manager for Finance, presented the end-of-year FY2020 budget adjustments.
Ms. Kosnoff also gave a general overview of the current year-end revenue and expense projections stating
she could give a more detailed presentation at a later meeting once all the year-end transactions have been
finalized.
DOCUMENTS PRESENTED: Year-end Transfer Cover, Expense Projections, Revenue Projections
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve and
sign the end-of-year salary adjustment account transfers, reserve fund transfers and budget transfer as
presented.
Ms. Barry returned to the meeting.
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10. LexMedia Contract Renewal
Mr. Ken Pogran, Communications Advisory Committee Chair, presented the proposed agreement between
the Town of Lexington and Lexington Community Media Center (LexMedia) to continue providing
community television services for the period 7/1/2020 to 6/30/2022 with two 2-year extensions for a total
of six years. He stated this proposed agreement recommendation would provide the Town of Lexington
with flexibility to deal with declining revenue from the cable providers that is expected over the next several
years.
Ms. Florence DelSanto, Executive Director of LexMedia, expressed LexMedia’s thanks to the
Communications Advisory Committee and Town staff for their efforts on this agreement.
Mr. Jim Shaw, Chair of the LexMedia Board, also expressed his gratitude to the Committee and Town staff
for their efforts.
DOCUMENTS PRESENTED: CAC Presentation- LexMedia Contract, Proposed LexMedia Agreement
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
agreement between Lexington Community Media Center and the Town of Lexington as presented and
further to authorize the Town Manager to execute the agreement on behalf of the Town of Lexington.
11. Review Request for Donor Plaque - Lexington Visitors Center
The Tourism Committee is seeking permission to recognize donors who have contributed to the new
Visitors Center. It is being proposed to eventually have in place a plaque that will complement the exhibits
within the building.
Ms. McKenna, Chair Tourism Committee, presented the proposed draft language developed and voted by
the Tourism Committee for the plaque. She stated, if approved, the template would be stylized on temporary
materials to hang upon the opening of the Visitors Center. This template can be reprinted periodically to
reflect new donations.
DOCUMENT PRESENTED: Draft Donation Categories for Visitor Center Plaque
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
Tourism Committee request for the temporary plaque as presented for display at the Visitors Center.
12. Update on Next Steps for Social Racial Equity Initiatives
To avoid any appearance of conflict or questions as to whether the board can impartially address those
issue, Ms. Barry recused herself from the portion of the discussion related to policing issues whether or not
there is a financial interest for any portion of the deliberation that directly related to the police department
as her husband is an employee of the department.
Ms. Hai stated the Town is working with NLC REAL (National League of Cities - Racial Equity and
Leadership) and GARE (Government Alliance on Race and Equity) as a part of building the next steps in
the Town’s initiatives regarding Social and Racial equity and establishing facilitated community
conversations. She also stated MAPC has created a 1 year program which she is recommending the Town
applies for participation. Ms. Hai expressed her desire that the Town embrace measurable goals for its racial
equity plan and establish a theory of change that will allow the Town to accomplish those goals.
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Mr. Lucente reported that he, Mr. Malloy and Chief Corr met with the Association of Black Citizens of
Lexington (ABCL) on June 25, 2020 to discuss some concepts for social and racial equity and to hear their
concerns. Mr. Lucente stated they will be getting back ABCL with feedback on some of the questions they
raised regarding police policy and other issues.
Mr. Sandeen expressed his desire for the Board to facilitate multiple conversations including a conversation
on racism / anti-racism and another separate conversation on the future of policing in Lexington. While
these topics are related – the conversation on racism / anti-racism should be broader than police and race.
The conversation on the future of policing should be broader than police and race.
Ms. Mona Roy, Chair of the Human Rights Committee, urged the Town to be thoughtful and ensure we
don’t take quick action that might in fact cause long term harm. She advised that the Town select facilitators
who were cognizant of past harms and advised that the HRC would recommend consideration of the
National League of Cities REAL program, even if we had to wait for their availability. She highlighted the
survey that had been completed by LHS alumni and suggested the Board make an opportunity to listen to
those results. She suggested that the Select Board’s role should be to amplify the unheard voices and listen
carefully to what they have to say.
Ms. Tanya Gisolfi-McCready, Vice Chair of the Human Rights Committee, expressed her desire that the
police conversation should be in its own space.
Ms. Valerie Overton, 25 Emerson Gardens, urged the Board to take an inclusive approach to the anti-racism
conversation, by including many of the most marginalized including LGBTQ people and those with
disabilities. She urged that the Select Board choose a facilitator who would be inclusive.
DOCUMENTS PRESENTED: GARE Overview, 8cantwait comparison to LPD Policies, LPD Use of Force
Policy
ACTION ITEM:
Ms. Barry requested that the Board have a conversation at an upcoming meeting with Mr. Malloy
regarding the possibility of hiring a DEI specialist either full time or on a contract to assist us with
this process.
Town Manager will continue coordination of the Town’s Social and Equity Initiatives and report
regularly to the Board.
13. Approve Collective Bargaining Agreement - DPW Union
Ms. Barry recused herself as her husband is an employee of the Town.
Ms. Axtell presented the Memorandum of Understandings (MOU) for agreements reached with the
Department of Public Works AFSCME, Local 1703 Union for the period FY19-21 and FY22-24. She stated
these MOU’s maintain a 2.0% COLA each year and makes other adjustments to the pay as indicated in the
MOU's so that by the end of FY24, the Lexington Department of Public Works union staff will be at the
median of the comparable communities.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to authorize the
Town Manager to execute the MOUs with the DPW Union and subsequent contract documents for the
contract periods FY19-21 and FY22-24.
Ms. Barry returned to the meeting.
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14. Application: Common Victualler License - Lex Donuts LLC d/b/a Dunkin Donuts, 373 Waltham
Street
DOCUMENT PRESENTED: LexDonuts LLC d/b/a Dunkin Donuts - Common Victualler License
Application
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve a
Common Victualler License for Lex Donuts LLC d/b/a Dunkin Donuts, 373 Waltham Street for the hours
of 6:00 a.m. to 10:00 p.m. Monday – Sunday.
15. Select Board Committee Appointment
DOCUMENT PRESENTED: 2020 Lexington Council for the Arts Application - M. Talal
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to appoint Melissa
Talal to the Lexington Council for the Arts with a term expiration date of September 30, 2022.
16. Select Board Meeting Minutes
Mr. Lucente stated there are a large number of draft minutes included in the packet (242 pages) reaching
back to September 2019 and a document outlining the status of Select Board meeting minutes. He also
proposed an option going forward to have an abbreviated format of the minutes that would include a
generated transcript as an appendix.
The Board was in support of the more abbreviated format of the minutes and requested that the abbreviated
version also list action items when they pertain to an agenda item. The Board expressed concern of
appending a transcript and was not in favor of that portion of the proposal.
DOCUMENTS PRESENTED: Minutes Status Report, draft Meeting Minutes from period of 9-9-2019 to
6-23-2020, Proposed Minutes format for Discussion - June 15 2020 Select Board Draft Minutes (Example)
ACTION ITEM:
The Board agreed to review the September and October minutes draft minutes and send any edits
to the Select Board Office staff for this set of minutes to be included on the July 13, 2020 agenda
for approval.
ADJOURN
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 by roll call to adjourn the
meeting at 11:25 p.m.
A true record; Attest
Kim Katzenback
Executive Clerk