HomeMy WebLinkAbout2020-02-10 SB-min
Select Board Meeting
February 10, 2020
A meeting of the Lexington Select Board was called to order at 6:00 p.m. on Monday, February
10, 2020 in the Select Board Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato;
Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; and
Ms. Katzenback, Executive Clerk.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
Ms. Hai stated that the Tourism Committee met last week and will be presenting at the next
Select Board meeting on Monday, February 24, 2020. The committee is tentatively looking at
a grand opening and ribbon cutting ceremony for the new Visitors Center on Wednesday, April
15, 2020 at 10:00 a.m. She also stated that Wednesday, March 11, 2020 will be State Tourism
Lobbying Day.
Ms. Hai noted that the Lexington Human Rights Committee will be having another screening
of the film I'm Not Racist…Am I? on Wednesday, March 25, 2020 in the Lexington High School
auditorium. There will also be a reshowing of the film Willy.
Mr. Pato stated that he attended the Massachusetts Municipal Association (MMA)
Transportation and Public Works Policy Committee meeting on Friday, February 7, 2020 and
he is on track to becoming appointed to the committee. The meeting was focused primarily on
Chapter 90 discussions, but in the future, the committee will look at a broader set of transit
improvements, Chapter 90 increases, and looking at Electric Vehicle (EV) fleets and gas leaks
as infrastructure.
Mr. Pato noted that he and Ms. Barry had attended the Policy Manual Committee meeting that
morning, where there was a sub-quorum discussion on the Town Counsel Access Policy. Mr.
Pato stated that suggestions were made to polish the policy language and he had asked if the
Board would be amenable to him applying the suggested edits to the draft policy for submission
to Mr. Malloy (this would entail bringing an updated policy to the Select Board for review).
The Board agreed to Mr. Pato applying the suggested edits to the policy.
Mr. Lucente stated that he, Mr. Pato, and Mr. Sandeen attended a program hosted by LexPride
for Town staff, which was titled “Layers of Belonging: Stories of Intersectionality”. The
program will be offered to the community on Saturday, March 7th, 2020 from 3:00 p.m. to 5:00
p.m. in Battin Hall in Cary Memorial Building.
Ms. Barry stated that she and Mr. Lucente will be working on the edits to be made to the
Semiquincentennial Commission (Lex250) membership recruitment letter. The draft original
was reviewed by the Board at the Monday, February 3, 2020 Select Board meeting. She inquired
if the Board wanted to review the updated letter prior to its mailing. The Board concurred that
a review prior to mailing was not necessary.
Mr. Sandeen stated that he and Susan Barrett, Transportation Manager, attended a Monday,
February 10, 2020 Metropolitan Area Planning Council event on electrifying municipal fleets,
which was kicked off by State Representative Michelle Ciccolo. At this event, the Department
of Environmental Protection announced that the Town of Lexington had been awarded $55,828
for the Electric Vehicle (EV) chargers that were installed in the center of town.
Mr. Sandeen noted that he had attended the Permanent Building Committee (PBC) meeting last
week. At the meeting, the committee discussed the status of Maria Hastings Elementary School
and the Lexington Police Station.
TOWN MANAGER REPORT
Mr. Malloy stated that in the early morning of Sunday, February 9, 2020, a heating system and
HVAC unit coil burst in the Town Office Building above the Finance Department and leaked water
directly down the floors of that side of the building. This affected the server room, which impacted
the Town Information Systems, including: phones, internet, email, access to servers for department
files, ProPhoenix for 911 system recordkeeping, Munis for payroll and finance, and Envision for
appraisals. It was clarified that calls made to the 911 system are not affected and emergency
services will be dispatched. Wifi hotspots have been set up throughout the building for the Town
website, online payments, and online permitting. Mr. Malloy stated that the Town will review
processes and location for ongoing protection of the server and infrastructure. He thanked the
custodial staff, Department of Public Works staff, and members of the Lexington Fire Department
for their efforts in mitigating the water damage.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Capital Budget Presentation
Mr. Lucente stated that members of the Senior Management Team were in attendance to answer
any additional questions that the Select Board may have regarding the Board’s responses to the
original presentations for the following topics: Battle Green Master Plan, Sidewalk Projects, Street
Improvements, Transportation Safety Group (TSG), Transportation Mitigation, Police
Indoor/Outdoor Firing Range, Recreation & Community Programs Athletic Facility Lighting and
the Westview Cemetery Building.
Mr. Malloy prefaced the discussion by explaining that capital projects in the Town of Lexington
Capital Plan were defined as follows: anything that Massachusetts General Law allows a
municipality to borrow has a value of $25,000 or more, buildings have a life expectancy of ten
years or more, and vehicles have a life expectancy of five years or more. The ongoing projects
have been presented per past practices, however, one-time projects have now been rated with a
priority-based system preventing some items from making the capital project list.
Battle Green Master Plan, Sidewalk Projects, Street Improvements
Dave Pinsonneault, Director of Public Works, stated that the Battle Green Master Plan, Sidewalk
Projects, and Street Improvements request is for additional funding for the completion of phase
three of the Battle Green Master Plan. The overall project targets a number of things from the
pathways, accessibility, lighting, flagpole monument signs, the Hayes fountain, landscaping
improvements, benches, et cetera. In summary, the request is to have all three phases of the project
completed through funding from the Community Preservation Act (CPA).
Ms. Barry inquired about the timeline for the Battle Green Streetscape Project.
Mr. Pinsonneault stated that the architect has been engaged and a plan will be brought forth at a
future Select Board meeting. The goal is to have the project completed by the fall of 2024.
Mr. Pinsonneault reviewed the list of sidewalk projects for the year, including the areas that needed
repair under the repair article. A new article has been introduced this year for the new sidewalk
construction projects to separate the new construction from the repair projects. The areas that do
not meet compliance will be addressed through these proposed projects with approved funding.
Dawn McKenna, Chair of the Tourism Committee, expressed concern regarding the Battle Green
th
Master Plan/Center Streetscape Projects not being completed prior to the 250 Celebration of the
Battle of Lexington in 2025.
Mr. Pinsonneault stated that the Engineering Department is reviewing the list of streets that require
improvements as they have to coordinate with the utility companies and the Water/Sewer
Department. The road condition index and the types of treatment will also impact the project.
There is currently not a Street Improvements list at this time.
Police Outdoor Firing Range
Mark Corr, Lexington Chief of Police, stated that this Capital Expenditures request was for
schematic design funds of $125,000 for the relocation, expansion, and modernization project of
the current Lexington Police outdoor range site at the Hartwell Avenue Composting Facility. He
explained that the existing range can no longer support the full spectrum of training requirements
due to its size and layout. The Lexington Police Department wishes to relocate the firing range to
another more suitable location at the Composting Facility, where its size could be expanded to
support current firearms training requirements, any additional training, and support facilities could
be constructed.
Chief Corr stated that the study performed by Weston & Sampson in 2019 identified the feasibility
of a new firing range facility, which would include a 100' wide by 300' long firing range enclosed
around the perimeter with berms and/or walls; a covered firing line and baffled ballistic
superstructure over the range; and an associated range management building with integrated
training rooms. The training area would be a flexible space to be used for classroom training as
well as lockdown/cover/egress training in a variety of environments. The fully covered, all-
weather range with noise mitigation would support regional training operations, and would include
a live fire training annex for simulated crisis situations. The simulated training equipment allows
for officers to be exposed to thousands of scenarios to improve judgment and reaction time with
the opportunity to critique and improve skills. Chief Corr stated they are looking into making this
a regional collaborative training facility.
Chief Corr also explained that schematic design would establish a cost budget for the facility,
which in turn would allow for the submission of grant applications for Commonwealth of
Massachusetts and the Federal Government-Homeland Security funding.
Mr. Pato expressed that the business plan development is important in this being a compelling case
at Annual Town Meeting.
Mr. Lucente expressed concern regarding the compatibility of the activities occurring in the
Hartwell Avenue area. He also feels as though the business case should be clearly defined.
Ms. Barry asked who the biggest competition would be for the new firing range. She also inquired
if other communities were surveyed to see who has interest in using the new facility.
Chief Corr stated that there is no real competition because there are no other sites like this in the
area. He stated that Fort Devens is the only other similar site, but their location is a challenge. He
mentioned that Sergeant Tim Barry surveyed surrounding communities in Middlesex and Essex
Counties two years ago and found that there is interest in using a site built in Lexington.
Mr. Sandeen asked about the expected cost to construct the firing range and when that cost would
be incurred if the project was approved. Chief Corr responded that the Town estimated a
construction cost of $4.9 million in the FY 2023 – FY 2024 timeframe.
Mr. Sandeen stated that he would request that the Town explore securing commitments from
surrounding communities to provide initial capital to fund the construction of the facility part of
the business plan being developed for this project. He feels it would be important to bring positive
commitments from surrounding communities when we bring this item to Town Meeting.
Recreation and Community Programs, Athletic Facility Lighting and Westview Cemetery
Building
Melissa Battite, Director of Recreation & Community Programs, stated that the Recreation
Department is requesting $450,000 to complete the athletic lighting facility at Center Recreation
Complex. The facility currently has lights at the following locations: Center #1, Center #2, and
Diamond baseball fields; four out of the ten tennis courts; the pool; and the basketball courts. The
request for $450,000 would be for the installation of light poles at all ten tennis courts, as well as
for upgrades with LED and improvements for the pool and the basketball courts.
Ms. Hai expressed concern regarding the distinction of what was written in the appropriation and
what was actually completed.
Ms. Battite stated that the appropriated amount was for $975,000, but the soil testing came back
much higher than anticipated and affected the budget. The work was partially done as to not go
over budget and delay any progress on the field lights (or to potentially shut them down). The
Recreation Committee came back to request additional funding for the completion of the original
request.
Dave Pinsonneault, Director of Public Works, stated that in past practice, there were projects where
the add alternate was used when the Town was unsure of the market and what additional costs a
project would bring forth at a later time. The original intent was to complete the project using add
alternates for any additional costs. He stated that, for this project, the baseball fields were the main
concern in terms of completion because of potential safety issues.
Mr. Malloy suggested that going forward, a procedure be put into place for when a project that has
been previously approved by Town Meeting and has a need for additional funding for its
completion, that the issue be brought back to an elected body to decide whether or not a new
request should be submitted to Town Meeting for a supplemental appropriation.
Mr. Pato stated that the practice for future issues or changes with funding be brought back to an
elected, appropriating body and that these types of decisions should not be made by staff or a
committee.
Mr. Lucente expressed that the types of projects should be specified in the policy as to not create
any confusion.
Westview Cemetery
Carolyn Kosnoff, Assistant Town Manager for Finance, provided a brief summary of the Westview
Cemetery memorandum (See Appendix A). The memorandum outlines the following: the different
revenue sources that come through the various Cemetery accounts; the debt service that would be
due on the project, if approved; and a cash flow analysis of the revenue coming in versus the debt
service going out.
The Board agreed to postpone the discussion on this item to the next Select Board meeting on
Monday, February 24, 2020. The appropriate information was not provided to the Board ahead of
time due to the Town computer system outage and equipment failure from a water leak over the
weekend.
Transportation Safety Group, Transportation Mitigation Fund
Carolyn Kosnoff, Assistant Town Manager for Finance, stated that a question was posed regarding
whether or not the Transportation Mitigation Fund was a rolling fund or if it was meant to be an
annual appropriation as needed. She explained that the $100,000 voted on stays in the account
either until it is spent or until it's closed or refunded. Historically, $100,000 has been spent almost
each year from the fund. She explained that the following balances are remaining from previous
years: $8,600 from the FY2017 appropriation, $39,000 from the FY2018 appropriation, and about
$100,000 from the FY2019 appropriation. There is a current recommended budget item for a 2020
Annual Town Meeting warrant article that requests an additional $100,000 to be appropriated into
the Transportation Safety Group (TSG) Transportation Mitigation Fund for FY2021. The request
would be mostly funded from the tax levy with a small portion of the funding coming from the
Transportation Network Company (TNC) Funds, the surcharge that the Town gets back from the
State for the Uber and Lyft surcharges. The fund is mainly for projects that are recommended by
the Transportation Safety Group, but can be used for quick response projects.
Mr. Pato stated it was his understanding that the TSG Transportation Mitigation Fund was
established to be used for unanticipated traffic safety projects which required a quicker response.
He expressed concern that there was about a year and a half's worth of funding unspent and does
not feel inclined to fund it this fiscal year.
Mr. Pato suggested to only appropriate TNC funds into the Transportation Mitigation Account for
FY2021, to evaluate the draw down, and appropriate funding as warranted for future budget cycles
for the Transportation Mitigation Account.
The Board concurred with Mr. Pato’s recommendations.
David Kanter, Vice-Chair of the Capital Expenditures Committee, expressed that the committee
shared the same concerns as Mr. Pato and did not believe it should be a carry forward fund.
2. Joint Meeting - Select Board and Planning Board - Discuss 2020 Annual Town Meeting
Zoning Articles
At 7:20 p.m., the Joint Meeting of the Select Board and the Planning Board was called to order by
both boards to discuss the following 2020 Annual Town Meeting (ATM) Zoning Articles:
ATM Warrant Article 8 - Short-Term Rental Impact Fee
ATM Warrant Article 35 - Amend Zoning Bylaw-Distance From Basement, Slab or Crawl
Space and Groundwater
ATM Warrant Article 36 - Amend Zoning Bylaw-Short-Term Rentals
ATM Warrant Article 37 - Amend Zoning Bylaw-Site Plan Review
ATM Warrant Article 38 - Amend Zoning Bylaw-Financial Services
ATM Warrant Article 39 - Amend Zoning Bylaw-Solar Energy Systems
Present for the Planning Board were: Bob Creech, Chair; Charles Hornig, Vice-Chair; Bob Peters;
and Richard Canale.
Also present: Carol Kowalski, Assistant Town Manager for Development; Amanda Loomis,
Planning Director; Jim Kelly, Building Commissioner; Jennifer Gingras, Zoning Administrator;
and Mina Makarious, Town Counsel.
Mr. Lucente introduced Amanda Loomis as the new Planning Director for the Town of Lexington
and welcomed her with a Town of Lexington lapel pin and a round of applause.
ATM Warrant Article 35 - Amend Zoning Bylaw-Distance From Basement, Slab or Crawl
Space and Groundwater
Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 35: Amend Zoning
Bylaw - Distance From Basement, Slab or Crawl Space and Groundwater. The purpose of the
article is to amend the zoning bylaw in order to: preserve and protect groundwater; to maintain
and enhance the public safety, environment, health, and general welfare by establishing minimum
requirements; and to establish procedures to control the adverse effects of building basement floors
nearer than two (2) feet from the estimated seasonal high groundwater table, including basement
flooding, pumping and discharge of groundwater to neighboring properties, discharging
groundwater to the public way, and illicit connections to the Town’s sewer and stormwater
connections.
Mr. Pato inquired if ATM Article 35 would provide protections during construction projects.
Mr. Kelly stated that the article would assist in better planning, soil testing, test pits, better
understanding of seasonal effects, and prevent any issues that may arise during construction
projects.
Mr. Lucente expressed concerns regarding the impact on homeowners wanting to build an addition
of over 1,000 square feet.
Mr. Kelly stated that proposed bylaw was not intended to prohibit building nearer than two feet of
the seasonal high groundwater table, but rather to require specific guidelines to be followed when
building nearer than two feet of the seasonal high groundwater table.
Mr. Sandeen asked about the differences between the previous Town bylaw and this proposed
bylaw.
Tom Shiple, Precinct 9 Town Meeting Member, asked for examples of acceptable mitigation
systems for the areas that are less than two feet.
Mr. Kelly stated that a sump pump system or perimeter drain foundation system are acceptable, as
well as dry wells in the backyard.
ATM Warrant Article 36 - Amend Zoning Bylaw - Short-Term Rentals
Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 36: Amend Zoning
Bylaw - Short-Term Rentals. The purpose of this article was to amend the zoning bylaw in order
to: a.) provide a process through which certain residential premises and rooms within residential
premises may be registered with the Town of Lexington for use as “short-term rentals”; b.) provide
health and safety standards for short-term rentals; and c.) provide for the orderly operation of short-
term rentals within the Town’s residential neighborhoods.
Ms. Gingras stated that the definition of a short-term rental is the rental of a dwelling unit or a
bedroom for less than 30 days. There are two types of short-term rentals: operator-occupied, where
the owner resides in the dwelling and can rent out the entire dwelling unit or up to three rooms,
and operator-adjacent, where the owner has a multifamily dwelling with up to four units and rents
out one of the units while residing in another. Some of the basic requirements for the operator
include: an annual registration and inspection, proof of residency, compliance with fire and safety
regulations, and the appropriate life safety systems in place. This regulation excludes designated
affordable housing, accessory apartments, and any property in violation of the state sanitary code.
Mr. Lucente asked if there is a way to identify which homes are short-term rentals.
Ms. Kowalski stated that the staff did not come across methods of identifying homes as short-term
rentals in their research.
Ms. Barry asked how the non-owner occupied dwellings would be notified of the regulations that
the owner needs to reside in the unit. She also inquired about what enforcement would look like
to those in violation.
Mr. Makarious stated that once the zoning regulations are in place for the short-term rentals, those
owners who are in violation could have zoning enforcement against them. The enforcement would
entail an investigation, notice of violation by letter requiring operations to cease, fines or penalties,
and potentially a noncriminal court case in district court.
Mr. Sandeen supported Mr. Lucente’s request to identify homes that were short-term rentals.
Mr. Sandeen asked what standards the Town sets for short-term rentals.
Mr. Creech stated that the public hearing is scheduled for Wednesday, February 26, 2020.
Ms. Hai expressed concern regarding parking requirement calculation for short-term rental
properties.
Pamela Lyons, Precinct 5 Town Meeting Member, requested clarification regarding the proposed
regulations applying to a small house on a property, which is not attached to the main dwelling,
being used as a short-term rental.
Ms. Gingras stated that an accessory structure would be considered an accessory apartment and
would be exempt as a short-term rental. Accessory structures are not allowed to have a bedroom
under the new regulations.
Mr. Makarious stated that the accessory apartment would be grandfathered in, but would not be
allowed to be used as a short-term rental.
Tom Shiple, Precinct 9 Town Meeting Member, inquired about the definition of a bedroom.
Ms. Gingras stated that a bedroom would have to meet the building code requirements of a
bedroom by the inspector. An unfinished basement, for example, could not be used as a short-term
rental.
Ellen Cameron, 12 Scotland Road, expressed concern regarding the notification of the new
regulations to the owners of short-term rentals. She is concerned that the responsibility would fall
on the neighbors.
Kevin Gillis, 449 Waltham Street, expressed concern about the occupancy log being invasive and
difficult to maintain. He also expressed concern that the calculation of cars and the inspection for
owner-occupied units seem excessive and unnecessary.
ATM Warrant Article 8 - Short-Term Rental Impact Fee
Mr. Makarious presented the 2020 Annual Town Meeting Warrant Article 8: Short-Term Rental
Impact Fee. The purpose of this article was to consider whether or not the Town will adopt the
fees under Massachusetts General Law Chapter 64G for short-term rentals. There are three sets of
fees: 1.) Under Section 3A, the Town would impose an excise tax of up to 6% and would apply
the fee to all lodging (the Town had already accepted this fee in the past); 2.) Under Section 3D(a),
which would allow the Town to institute a 3% short-term rental impact fee on each transaction for
professionally-managed units; and 3.) Under Section 3D(b), which would allow the Town to
institute a 3% short-term rental impact fee on each transaction for multifamily dwellings or owner-
adjacent units. He stated that 35% of the impact fee must go to affordable housing or local
infrastructure projects and the remainder could then go into the Town’s General Fund for
appropriation. The Department of Revenue would collect the fees and then remit the funds to the
Town.
Donna Moultrop, 10 Lockwood Road, explained that the occupant log is needed for public health
officials to track the health status of occupants should an illness present at the dwelling. She also
stated that fees could help to deter some owners from pursuing the short-term rentals because it
would become too costly for them.
ATM Warrant Article 37 - Amend Zoning Bylaw - Site Plan Review
Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 37: Amend Zoning
Bylaw - Site Plan Review. The purpose of this article was to amend the zoning bylaw in order to
better adapt the applicability of Site Plan Review. The amendment would help to better address
the reasonable expectations of the public, abutters, and the Planning Board in regards to plans that
should or should not rise to the review threshold. The hearing was opened by the Planning Board
on Wednesday, January 22, 2020 and is continued until Wednesday, February 12, 2020.
Mr. Creech stated that there are many factors that the Planning Board is reviewing under this article
including: whether or not a meeting or hearing should be public, whether or not to advertise in the
newspaper or by postcard, abutter distance to the site, and number of parking spaces. He stated
that the Planning Board has more work to do on this article and it will be discussed at the hearing
on Wednesday, February 12, 2020.
Warrant Article 38 - Amend Zoning Bylaw - Financial Services
Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 38: Amend Zoning
Bylaw - Financial Services. The purpose of this article was to amend the zoning bylaw in order to
update the table of uses and provide a definition of “Financial Services”. The article proposes to
address the concern of evolving forms of banks and various financial-related uses of commercial
storefronts in order to protect and enhance the vibrancy of the Central Business District. This
would create a supportive environment for a diverse group of uses throughout the Center, and
regulate the use of the limited first floor storefront area and frontage of the Central Business
District. The hearing was opened by the Planning Board on Wednesday, January 22, 2020 and is
continued until Wednesday, February 12, 2020.
Mr. Creech stated that the Planning Board will be revisiting one outstanding item for this article
at the close of the hearing on Wednesday, February 12, 2020. The item is regarding the new Entry
and Use Table H.2-03: Services Delivered to Persons in a Car.
ATM Warrant Article 39 - Amend Zoning Bylaw - Solar Energy Systems
Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 39: Amend Zoning
Bylaw - Solar Energy Systems. The purpose of this article was to amend the zoning bylaw in order
respond to the community’s desire to encourage solar energy systems by removing unnecessary
restrictions and providing clear permitting paths for various types of systems. The Planning Board
has a hearing scheduled for this item to open on Wednesday, March 4, 2020.
Mr. Lucente inquired if the proposed article would open up the availability of solar ground
mounted systems in both residential and commercial properties.
Ms. Loomis stated that the availability would be for both residential and commercial properties
and the types of systems are broken down into four different types: Large-Scale Solar Energy
Systems; Canopy Solar Energy Systems; Residential Ground Mounted Solar Energy Systems; and
Building Mounted Solar Energy Systems. The only type that cannot be restricted are the Building
Mounted Solar Energy Systems because they are allowed under Massachusetts General Law
Chapter 40A Section 3. Some of the systems are considered by-right, while others require review
or a special permit (those systems that are greater than 25 kilowatts).
Mr. Sandeen expressed support for the warrant article because it is important to encourage solar
installed on parking lots versus forested land.
Mr. Creech expressed concern at what these systems would look like on a residential property and
the mitigation of visual impacts.
Mr. Canale expressed that further issues will have to be addressed going forward regarding
canopies, while remaining energy efficient.
Wendy Reasenberg, Precinct 8 Town Meeting Member, expressed concern regarding solar panels
taking up too much space in the side yards, backyards, and setbacks. She feels that ground mounted
solar panels are not safe and that they should be separated from the vote at this time.
David Kanter, 48 Fifer Lane, inquired about an empty, grassy lot on his condominium property
and how it would be impacted by this article.
Mr. Hornig stated that the type of property where Mr. Kanter lives would not apply to the proposal
in this article because it is a Restricted Density (RD) Zone (each plan development district in the
Town has their own special list of allowed uses).
Pamela Lyons, Precinct 5 Town Meeting Member, expressed concern in regards to the installation
of ground mounted solar panel systems on residential properties. She is concerned that residents
will cut down large, mature trees in order to make space for the solar systems.
At 8:45 p.m., the Select Board and the Planning Board, respectively, voted to adjourn the Joint
Meeting.
The Select Board called a brief recess and returned at 8:50 p.m. calling the regular Select Board
meeting back to order.
3. Update - ATM 2020 Warrant Article 30 - Land Exchange
Patricia Nelson, an attorney representing the principal on the LLC that owns the property at 344
Lowell Street, Dr. Mohammed Jaleel, presented the 2020 Annual Town Meeting Warrant Article
30: Land Exchange. The purpose of this article was to initiate the exchange of a portion of the lot
located at 344 Lowell Street with a portion of the Town's adjoining land. The lot line cuts through
a structure on the property and the article seeks to swap similar sized portions of land so that the
existing structure is within appropriate setbacks on the private land. The intention is to use the
building on the property as a place of worship for the Muslim-American Community Center.
Mr. Lucente stated that the Town Manager has reviewed an initial and revised proposal with the
Recreation Department and the Department of Public Works and both of which were satisfied with
the revised proposal. The School Superintendent indicated that the revised proposal could provide
an opportunity in the future to improve access, however one School Committee member indicated
concern over any benefit to the Town. The Superintendent has been asked to submit a position
from the School Department, which will be provided to the Select Board once received.
Mr. Makarious stated that two motions may be needed at Annual Town Meeting – one for the
acquisition and one for the disposal. He advised that a Request for Proposal (RFP) be issued if the
value of Town land being used in the swap was above a certain dollar amount due to a state law
regarding acquiring unique properties.
Mr. Lucente inquired if the Town would have to do an RFP, and if so, what the timeline would be
for that.
Mr. Makarious stated that the Town would not have to do an RFP if the value of the land that the
Town is disposing of is appraised under $35,000. If the value were over $35,000, then an RFP
could be done before or after Annual Town Meeting. An appraisal would have to be done before
Annual Town Meeting.
Ms. Nelson stated that an appraisal has not been done of the property.
Mr. Makarious stated that an evaluation could be done on the land in place of an appraisal by
taking a percentage of the lot and comparing it to the assessed value. A value would need to be
placed on the portion of land that the Town is giving up.
Ms. Barry inquired if a second means of egress was needed from the property, and if so, would
that mean accessing the school driveway. She requested a follow up from the Lexington Fire
Department in regards to any concerns for vehicular access to the property.
Mr. Sandeen asked about the easement on the property. Ms. Nelson said that it might be possible
to convey a portion of the easement area back to the Town.
David Kanter, Precinct 7 Town Meeting Member, expressed concern regarding a lack of easement
on the property. He feels as though there should be a condition put on the title of the land being
transferred stating that it was not to be developed in the sense of adding facility. He inquired if the
garage would be grandfathered onto the Town’s land since it is partially on both sets of land.
Mr. Malloy stated that he is not certain on the zoning of that property, but the proponent would
not be able to use the garage without the Town’s permission because it is not on their property.
Dawn McKenna, Precinct 6 Town Meeting Member, expressed concern regarding the lack of an
appraisal. She is concerned whether or not the exchange of land is fair.
4. Approve Submission of Statement of Interest for Bridge Elementary School Roof
Replacement
Mike Cronin, Director of Public Facilities, presented on the Bridge Elementary School roof
replacement. The roof is in excess of 20 years old and needs replacement. The roof replacement is
scheduled to be done in FY2021 on the Capital Plan and the School Committee has agreed to
submit a Statement of Interest (SOI) to the Massachusetts School Building Authority (MSBA) for
funding a portion of the project. The estimated cost of the project is $2.2 million. The SOI program
would reimburse the Town 25 percent of the cost of the project and it would be completed in the
summer of 2021.
Ms. Hai requested clarification if the project would be completed whether or not funding was
received from the submitted SOI.
Mr. Cronin stated that the roof would be replaced regardless of the SOI submission and approval.
Mr. Pato expressed dissatisfaction regarding an incomplete application being presented to the
Select Board for approval.
David Kanter, Vice-Chair of the Capital Expenditures Committee, inquired if there was a
reimbursement allowance or special funding from the MSBA that would coincide with the
appropriation of funds under Annual Town Meeting Warrant Article 16.
Mr. Cronin stated that for this type of project, the Town would front the entire cost of the project
because it is a short construction timeline and that any reimbursements from MSBA would occur
after the project is complete.
Upon a motion duly made and seconded, the Select Board of the Town of Lexington, in accordance
with its charter, by-laws, and ordinances, has voted 5-0 to authorize the Superintendent to submit
to the Massachusetts School Building Authority the Statement of Interest Form dated February 14,
2020 for the Bridge Elementary School located at 55 Middleby Road, which describes and explains
the following deficiencies and the priority category(s) for which an application may be submitted
to the Massachusetts School Building Authority in the future replacement, renovation or
modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation
systems, to increase energy conservation and decrease energy related costs in a school facility. The
Bridge Elementary School, located at 55 Middleby Road, is in need of replacing its 68,000 square
foot roof as it has exceeded it useful life cycle. The manufacturer of this modified bituminous roof
is Firestone and the roof warranty expired in September of 2019; and hereby further specifically
acknowledges that by submitting this Statement of Interest Form, the Massachusetts School
Building Authority in no way guarantees the acceptance or the approval of an application, the
awarding of a grant or any other funding commitment from the Massachusetts School Building
Authority, or commits the Town of Lexington School District to filing an application for funding
with the Massachusetts School Building Authority.
5. Discuss Proposed New Police Station
Mike Cronin, Director of Public Facilities, and Jeffery McElravy, AIA, Principal, Public Safety at
Tecton Architects, presented an update on the Lexington Police Station design complete with
comparisons between 2018 and 2019, updated cost estimates for a new building by not keeping
the two historic walls, as well as for the location at 173 Bedford Street. The new proposal for the
existing police station site eliminates preservation of any existing facade walls and is a completely
new construction. Freed from constraints imposed by the existing facades, this design provides a
more efficient and smaller building; co-locates functions within the building more rationally;
utilizes universal design to eliminate the need for ramps at the entrance; and reduces the overall
cost (~$25.5 million) to be similar to the cost of construction at 173 Bedford Street (~$24.8
million). In order to bring back an update on the proposed plans, input was received from the Select
Board, Permanent Building Committee (PBC), and the Historic Districts Commission (HDC). A
letter was received by the Town Manager from the Historic Districts Commission stating their
support for maintaining balance in structures of the Town Offices and their procedures for allowing
any demolition that is needed for the new, approved plan.
Ms. Hai expressed that the location of the Police Headquarters should be maintained at the current
location on Massachusetts Avenue and is pleased with the cost estimate of the updated plans.
Mr. Pato stated that he had reached out to the community for feedback on the project in regards to
their concerns. He stated that he conducted three surveys reaching about 450 residents and the
results presented that the community is concerned about the cost of the project and that the majority
were open to relocating the police station. The strongest location preference, however, was for the
current location on Massachusetts Avenue. He expressed concern in regards to the letter from the
Historic Districts Commission. He stated that there was not a publicly posted meeting of the HDC
and there was not a quorum of the Commission (the letter was reviewed by a sub-quorum). He
would like to hear the perspective of the entire Commission.
Bob Adams, Historic Districts Commission, stated that he was assigned by the Chair of the HDC
as a liaison for design feedback on major projects. He encouraged the Board to be more involved
in the process to eliminate the possibility of surprises.
Mr. Lucente stated that he likes the long range plan that this new design concept provides for the
future of the Town Office Complex. He feels as though the Hosmer House should be considered
when comparing the pricing between the Bedford Street and Massachusetts Avenue locations. He
expressed that the police station should remain in its current location on Massachusetts Avenue.
Ms. Barry asked that, on a future meeting agenda, the Board approve two additional members to
the Permanent Building Committee as liaisons to the Police Station project as per past practices
(Diamond and Clark renovations, Hastings, Lexington Children’s Place, Lexington Fire
Headquarters and Visitors Center Construction) and the PBC charge. She also inquired about
fitting solar panels into the design of each location.
Mr. McElravy stated that solar panels could not completely fit on the roof of either site and in
order to meet Net Zero, the design would have to be reworked. Solar panels in the parking lots
could also be considered as an option.
Mr. Lucente stated that, per the PBC charge, the Town Manager would be appointing members of
the Select Board as liaisons to this project.
Mr. Sandeen inquired about the recommendation of the Permanent Building Committee in regards
to a preferred location.
Mr. Cronin stated that the PBC is unanimously in support of the current location at 1575
Massachusetts Avenue.
Mr. Sandeen inquired about a plan for handling the Hosmer House in the future.
Mr. Malloy stated that the plan was to refer to the working group to discuss relocating the house
up the street to the Leary property or putting out a Request For Proposal (RFP) to have it moved
somewhere else in the community. The working group was made up of members of the HDC,
Housing, Public Facilities, and Select Board. The group discussed looking into having someone
purchase the home, move it to another location within the Historic District, and restore it. The
Town Manager drafted an RFP with this information and sent it to Town Counsel for review last
week.
Mr. Sandeen stated that he appreciates the improvements in efficiency and cost saving from
eliminating the façade, which reduces total square feet, which lowers first costs, which also lowers
operating and maintenance costs, and also that the new layout is better for Police programs than
the past to current design concepts and proposals. He expressed appreciation that new design also
provides universal access to the building without needing a ramp. He recommended that the police
station should remain in its current location on Massachusetts Avenue.
Mr. Lucente asked for clarification on the garage parking of police vehicles.
Mark Corr, Lexington Chief of Police, stated that the goal was to cover the patrol vehicles that are
marked and needed for immediate response. The equipment within the vehicles (firearms, medical
supplies, and computer equipment) would be protected from the elements and changes in New
England weather. The garaging of vehicles would extend the life of the equipment and protect the
police officers loading their vehicles from the public eye.
Mr. Sandeen mentioned that solar plus battery energy storage would provide operational savings
and additional resilience for the Police Station. Mr. Sandeen asked how often Police vehicles are
replaced. Chief Corr stated that the Police Department replaced 5 vehicles each year out of a fleet
of 20 cruisers.
Mr. Adams stated that the HDC has not yet seen a sketch of the solar panels within any of the
design plans and would need to see that for approval soon.
Bob Pressman, 22 Locust Avenue, expressed that the police station should remain at its current
location at 1575 Massachusetts Avenue.
Betsey Weiss, Precinct 2 Town Meeting Member, expressed that the renovation cost for the
building not being used for the final location of the police station should be included in the cost
estimates when being presented at Special Town Meeting.
Mr. Lucente asked the Board for next steps that would need clarification or more information in
order to make a decision on the location.
Ms. Hai stated that the conversation with the HDC is the missing piece.
Mr. Pato stated that the incorporation of solar and battery into the final design would need to be
considered.
Ms. Barry stated that solar is an important conversation in terms of location (roof, parking lot), as
well as the architect looking for more ways to reduce costs.
Mr. Sandeen requested that the Board would need to hear from all members of the HDC for a total
demolition in a quorum, not just a sub-quorum and that the decision to remain at 1575
Massachusetts Avenue should be contingent on HDC’s approval of demolition of the façade.
Dawn McKenna, Precinct 6 Town Meeting Member, expressed concern about the contingency on
the HDC to support or approve the design plans for total demolition.
Mr. Cronin expressed concern in regards to the timing of the project and not having a definitive
direction for the architect as it would further delay the construction. He would need a 100 percent
design concept for Special Town Meeting.
Mr. Pato suggested putting forth a request for demolition at the existing site at 1575 Massachusetts
Avenue and have the HDC rule on that request in order to get an answer on waiving the demolition
delay.
Mr. Adams stated that the HDC already supports a demolition. A design would need to be
submitted for approval because the HDC does not do preapprovals. He stressed that it is better to
work together, rather than apart.
The Board agreed to review a decision on the location of the new police station with the focus on
solar panels and pending a letter from the HDC at the next regularly scheduled meeting on
Monday, February 24, 2020.
6. Approve the Sale of Bonds and Notes
Carolyn Kosnoff, Assistant Town Manager for Finance, reported that on Wednesday, February 5,
2020, the Town of Lexington sold $9,570,000 of general obligation bonds and $5,268,223 of
general obligation bond anticipation notes (BANs). Moody’s conducted a review of the sale and
rated the bonds as AAA and the BANs as MIG 1, both of which are the highest ratings that can be
obtained by a municipality.
Ms. Kosnoff stated that the bond issue was for a variety of municipal purposes, including but not
limited to: sidewalk improvement projects, construction of the Visitors Center and Lexington
Children's Place, purchase of department equipment, and Water/Sewer improvements. Nine
competitive bids were submitted for the bonds. The bids, based on a calculation of the true interest
cost (TIC), which takes into consideration the amount of the issue, coupon rate, underwriting
discount and offering premium, ranged from a high of 1.0349% to a low of .9362%. The lowest
bidder was Fidelity Capital Markets, whose true interest cost (TIC) of .9362% included a premium
of $1,516,074.65. This premium was applied to reduce the par value of the issuance on the day of
the sale, which resulted in a net resized issuance of $8,315,000 and net proceeds to the Town of
$9,656,031.12.
Ms. Kosnoff also stated that the general obligation bond anticipation notes were primarily to
continue the short-term funding of the purchase of land for 171/173 Bedford Street and 20 Pelham
Road, plus one facilities mechanical system. Seven bids were submitted for the notes, which will
come due on February 12, 2021. The bids, based on a calculation of the net interest cost (NIC),
which takes into consideration the amount of the issue, coupon rates and offering premium, ranged
from a high of 1.72% to a low of 1.03%. The lowest bidder was Oppenheimer & Co., Inc., whose
NIC of 1.03% included a premium of $37,720.48.
Upon a motion duly made and seconded, the Select Board voted 5-0 that the sale of the $8,315,000
General Obligation Municipal Purpose Loan of 2020 Bonds of the Town dated February 13, 2020
(the “Bonds”), to Fidelity Capital Markets, a Division of National Financial Services LLC at the
price of $9,656,031.12 and accrued interest is hereby approved and confirmed. The bonds shall be
payable on February 1st of the years and the principal amounts and bear interest at the respective
rates, as follows:
Interest Interest
Year Amount Rate Year Amount Rate
2021 $1,240,000 5.00% 2026 $485,000 5.00%
2022 $1,230,000 5.00% 2027 $485,000 5.00%
2023 $1,205,000 5.00% 2028 $485,000 5.00%
2024 $1,200,000 5.00% 2029 $480,000 4.00%
2025 $1,025,000 5.00% 2030 $480,000 4.00%
And Further: to approve the sale of $5,268,223 General Obligation Bond Anticipation Notes of
the Town dated February 14, 2020, payable February 12, 2021 (the “Notes”) to Oppenheimer
& Co., Inc. at par and accrued interest plus a premium of $37,720.48.
And Further: that in connection with the marketing and sale of the Bonds, the preparation and
distribution of a Notice of Sale and Preliminary Official Statement dated January 29, 2020 and
a final Official Statement dated February 5, 2020 each in such form as may be approved by the
Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.
And Further: that in connection with the marketing and sale of the Notes, the preparation and
distribution of a Notice of Sale and Preliminary Official Statement dated January 29, 2020 and
a final Official Statement dated February 5, 2020, each in such form as may be approved by the
Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.
And Further: that the Town Treasurer and the Select Board be, and hereby are, authorized to
execute and deliver continuing and Significant events disclosure undertakings in compliance
with SEC Rule 15c2-12 in such forms as may be approved by bond counsel to the Town, which
undertakings shall be incorporated by reference in the Bonds and Notes, as applicable, for the
benefit of the holders of the Bonds and Notes from time to time.
And Further: that we authorize and direct the Town Treasurer to establish post issuance federal
tax compliance procedures and continuing disclosure procedures in such forms as the Town
Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to
review and update said procedures, in order to monitor and maintain the tax-exempt status of
the Bonds and Notes and to comply with relevant securities laws.
And Further: that each member of the Select Board, the Town Clerk and the Town Treasurer
be and hereby are, authorized to take any and all such actions, and execute and deliver such
certificates, receipts or other documents as may be determined by them, or any of them, to be
necessary or convenient to carry into effect the provisions of the foregoing votes.
7. Approve the FY2021 Recommended Budget
Carolyn Kosnoff, Assistant Town Manager for Finance, presented the FY2021 Recommended
Budget. Based on the Select Board's review and changes to the Town Manager's FY2021
Preliminary Budget and Financing Plan, staff has revised the FY2021 budget for approval.
Changes from the Preliminary Budget and Financing Plan are summarized in the Crosswalk of
Potential Changes from the “White Book” to the “Brown Book” (See Appendix B). Staff have
also provided a blacklined DRAFT version of the “Brown Book” sections that have changed
since publishing the “White Book” for the Board's review. The request for approval is for the
Program Summary (See Appendix C) of the Budget Book (or “Brown Book”), which lays out
the individual line items as they will be presented at Annual Town Meeting.
Mr. Pato inquired if the adjustment of the Transportation Safety Group (TSG) Fund portion
(that was not from the Transportation Network Companies) was going to come out of free cash
and if it was going to affect any numbers in the tables.
Ms. Kosnoff stated that portion of money in question was free cash and would be another
transfer into the Capital Stabilization Fund.
Ms. Barry requested that this item be moved up earlier on the agenda for future meetings
because it is the most important item that the Board considers and votes on all year.
Ms. Hai inquired if Ms. Kosnoff was still comfortable with the changes made for allocation
next year.
Ms. Kosnoff stated that she feels that the Town is sufficiently covered. She stated that the
Reserve Fund has been slightly lower than it has in past years with a reduction from $900,000
to $750,000, but further discussions can take place with the Town Manager and the Finance
Committee.
Mr. Malloy stated that he felt the Town would still be fine at a Reserve Fund of $750,000.
Upon a motion duly made and seconded, the Select Board vote 5-0 to approve the FY2021
Recommended Budget and Financing Plan, as shown in Column D of the Program Summary
(beginning on page I-2) and authorize staff to make non-substantive changes, including the sub-
classification of debt service line items 2410-2430 (not changing the total of line 2400) and
further, as amended for the Transportation Mitigation.
8. 2020 Annual Town Meeting - Article Positions/Discussion
The discussion on this item was deferred to next regularly scheduled Select Board meeting on
Monday, February 24, 2020.
CONSENT AGENDA
1. Approve One-Day Liquor Licenses
Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a One-Day
Liquor License for the Lexington Symphony to serve beer and wine for the purpose of their
Post-Concert Reception to be held in Estabrook Hall, Cary Memorial Building, 1605
Massachusetts Avenue, on Saturday, February 15, 2020 from 9:30 p.m. to 10:30 p.m.
Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a One-Day
Liquor License for Maddie's Mission to serve beer and wine for the purpose of their Foster Care
Fundraiser/Charity Event to be held at the Scottish Rite Masonic Museum & Library, 33 Marrett
Road, on Saturday, February 29, 2020 from 6:00 p.m. to 10:30 p.m.
Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a One-Day
Liquor License for St. Brigid Church to serve beer and wine for the purpose of their St. Patrick's
Day Party to be held at their own location at Keilty Hall, St. Brigid Church, 1981 Massachusetts
Avenue, on Saturday, March 21, 2020 from 6:00 p.m. to 11:00 p.m.
Upon a motion duly made and seconded, the Select Board voted 5-0 to approve eight One-Day
Liquor License for Spectacle Management to serve beer and wine in the lobby of Cary
Memorial Building, 1605 Massachusetts Avenue, for the purpose of eight events on the
following dates:
Cherish the Ladies, Friday, March 6, 2020 7:30 p.m. to 10:00 p.m.
The Moody Blues' John Lodge, Sunday, March 8, 2020 7:00 p.m. to 9:30 p.m.
The Russian National Ballet, Friday, March 20, 2020 7:30 p.m. to 10:00 p.m.
Al Di Meola, Friday, April 3, 2020 8:00 p.m. to 10:30 p.m.
Comedian Bobby Collins, Friday, April 17, 2020 8:00 p.m. to 10:30 p.m.
Illusionist Rick Thomas, Saturday, April 18, 2020 7:30 p.m. to 10:00 p.m.
The Capitol Steps, Friday, April 24, 2020 7:30 p.m. to 10:00 p.m.
Ronan Tynan, Sunday, April 26, 2020 3:00 p.m. to 6:00 p.m.
2. Approve Use of Battle Green - 2020 Lexington Fife and Drum Tattoo
Upon a motion duly made and seconded, the Select Board voted 5-0 approved a Battle Green
permit for the William Diamond Junior Fife and Drum Corps’ annual Lexington Fife and Drum
Tattoo on the Battle Green on Friday, May 1, 2020, from 7:00 p.m. to 8:00 p.m., including a
small parade from St. Brigid Parish to the Battle Green beginning at approximately 6:50 p.m.
ADJOURN
Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at
11:29 p.m.
A true record; Attest:
Stacey Prizio
Department Assistant