HomeMy WebLinkAbout2020-09-14 SB Packet - Released SELECT BOARD MEETING
Monday, September 14, 2020
Conducted by Remote Participation*
5:30 PM
AGENDA
EXECUTIVE SESSION
1. Joint Executive Session- Select Board and Lexington Housing Assistance Board 5:30pm
(LexHAB) - Exemption 6: Potential Land Acquisition
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to
ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698-
4580 if they wish to speak during public comment to assist the Chairman in managing meeting times.
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Joint Meeting- Select Board and Planning Board 6:00pm
Hartwell Avenue - Zoning Initiative, Transportation Improvement Project, &
Comprehensive Plan
2. Joint Meeting- Select Board and School Committee 6:30pm
• Presentation of the Best Practices for Municipal Communications Report
3. COVID-19 & Reopening Update 6:50pm
• Strategies, Implementation, Community Response Actions and Reopening
Efforts Related to COVID-19 Guidelines and Directives
4. Update on Next Steps for Social Racial Equity Initiatives 7:10pm
5. Review Letter to the Massachusetts Department of Environmental Protection(DEP) 7:30pm
Regarding Solid Waste Master Plan
6. Discuss Fossil Fuels and Natural Gas 7:45pm
Review Attorney General's Decision on Brookline Bylaw
Review Attorney General's Letter to the Department of Public Utilities (DPU)
Requesting An Investigation of a Natural Gas Transition Path
. Discuss Letter of Support for the Attorney General's Position on Having the
Department of Public Utilities (DPU) Investigate a Natural Gas Transition
Plan
7. Discuss Veterans Day 2020 Parade and Events 8:05pm
8. Special Town Meetings 2020-2 and 2020-3 8:15pm
• Approve Special Town Meeting 2020-2 and Special Town Meeting 2020-3
Warrants
• Article Positions and Presenters
9. Discuss Scheduling Offsite Retreat on Select Board/Town Manager Operations 8:20pm
10. Progress Update for Online Submission of Select Board License and Permit 8:30pm
Applications
11. Approve Minutes 8:40pm
CONSENT AGENDA
1. Water and Sewer Adjustments
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
ADJOURN
1. Anticipated Adjournment 9:00pm
*as per Executive Order regarding remote participation:https://www.mass.gov/doc/open-meeting-
law-order-march-12-2020/download
Members of the public can view the meeting webinar from their computer or tablet by
clicking on the following link at the time of the meeting:https://zoom.us/j/96282515146
iPhone one-tap:
+19294362866„96282515146# or+13017158592„96282515146#
Telephone:+1 301 715 8592 or+1 312 626 6799
Webinar ID: 962 8251 5146
The next regularly scheduled Select Board meeting will be held by remote participation on Monday,
September 21, 2020 at 7:00pm.
Hearing Assistance Devices Available on Request �� � ��
All agenda time and the order of items are appn7ximate and
subject to change. Recorded by LeNedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Joint Meeting - Select Board and Planning Board
PRESENTER: ITEM
NUMBER:
Doug Lucente, Select Board Chair
I.1
SUMMARY:
This is a follow up meeting to the recent joint meeting between the Planning Board and Select Board.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020 6:OOpm
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Joint Meeting - Select Board and School Committee
PRESENTER: ITEM
Mark Manasas & Marian Cohen, NUMBER:
Enhancing Communication in
Lexington/2020 Vision Committee L2
SUMMARY:
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020 6:30pm
ATTACHMENTS:
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Best Practices for Municipal
Communications
A Report to the Town of Lexington MA Select Board
Prepared by the Enhancing Communication in Lexington (ECiL) subcommittee of
The Lexington 20/20 Vision Committee
Version 1.0/4 August, 2020
Table of Contents
1. Abstract................................................................................................................................................. 1
1.1. Top Recommendations................................................................................................................. 1
2. Background ...........................................................................................................................................4
3. Process..................................................................................................................................................5
4. Findings.................................................................................................................................................5
4.1. Best Practices for Municipal Communications .............................................................................5
4.1.1. Actionable Best Practices......................................................................................................5
4.1.2. Philosophical Best Practices................................................................................................11
4.2. Municipal Best Practices Survey.................................................................................................13
4.2.1. Results of the Municipal Communications Survey .............................................................14
4.3. Incidental Findings......................................................................................................................18
4.3.1. Membership of Existing Electronic Communication Platforms in Lexington......................18
4.3.2. Lexington Website Search Functionality.............................................................................19
4.3.3. Response Rate of Lexington Committees...........................................................................26
5. Appendix A..........................................................................................................................................28
5.1. Best Practices Survey Questionnaire ..........................................................................................28
5.2. Supplementary Graphs for Best Practices Survey.......................................................................42
6. Bibliography........................................................................................................................................52
Version 1.0/4 August, 2020
1. Abstract
The 2017 Lexington Town-Wide Survey conducted by the 20/20 Vision Committee highlighted that
residents were not aware of many of the issues and activities within the Town. Residents therefore
wanted better communication with the Town'. In part, due to the declining readership and reporting
coverage of local newspapers such as the Lexington Minuteman, many towns are finding the need to
increase their efforts to communicate with residents. In this context, the 20/20 Vision Committee
proposed a project to the Lexington Select Board for improving Town communication.This report is the
output of the project and was prepared by the Enhancing Communication in Lexington (ECiL)
committee. ECiL is a sub-committee of the 20/20 Vision Committee.This report identifies Best Practices
which the ECiL Committee believes, if implemented, will help improve communication in Lexington.
Throughout this report the term "communication" refers to the bi-directional exchange of information
between the Town of Lexington and residents and/or people working in the Town.
This report contains three major sections:
1. Best Practices for Municipal Communication -A collection of 34 Best Practices aggregated from
a review of approximately thirty municipal communications plans and other municipal
communications publications. Many of the towns surveyed as part of this report indicated that
the position of Public Information Officer, or an equivalent position, had been created within
the past few years. It might not come as a surprise then that in this nascent field there was a
lack of clearly identified Best Practices for Municipal Communications. (See Section 2 for the
definition of a Best Practice)
2. Best Practices Survey of Twenty Three Municipalities-A survey, developed and administered by
the ECiL committee, to twenty three municipalities, including Lexington,to assess their
familiarity with, and progress on, implementing Best Practices.
3. Incidental Findings-A collection of observations and findings, accumulated during the course of
this project,that provide insights into the function of the existing communication structures
within Lexington.
The following recommendations are those that the committee believes will have the biggest impact on
improving communication between the Town and residents.These recommendations are based on the
findings from the work documented in the three sections listed above. Please see section 4.1 Best
Practices for Municipal Communications of this document for the complete list of recommendations.
1.1.Top Recommendations
1. Develop a Town-wide communication plan and update the plan regularly as town priorities
change.
o Among other criteria,this plan should identify the many target populations within the town and
identify the best communication means to reach these populations.The plan should also
suggest criteria for when town departments should implement project-specific communication
plans to engage with stakeholders affected by a departmental project. One of the main reasons
for such a plan is to "Ensure that the top priorities for engagement receive enough resources to
be done well and not raising false expectations about staff capacity to engage on all possible
topics."2
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1
2. Implement a shared communication structure for Town and School communications.
o The Town communication structure should address two important issues: (1) Enable
comprehensive, coordinated, communication of important information through both school
system and Town channels and (2)Address the needs of those residents who are not tech-savvy
and/or do not use electronic communication channels. With regard to the first issue,the ECiL
committee found that for most residents with school age children, the school system is the
primary source of information. Many residents (including many Town Meeting members)who
no longer have children in the school systems lose contact with school related activities, events,
achievements, management changes, etc., until a budget issue related to school needs arises.
There should be a modification of the communication structure such that information about the
schools is disseminated to more than just the school population.
With regard to the second issue,the ECiL committee found that many residents are accustomed
to receiving news through printed newspapers. The scope and resources of local newspapers
such as the Lexington Minuteman, however, is diminishing at a rapid pace and many Town
issues go uncommunicated.There should be attention paid to identifying means other than local
newspapers for those who currently rely on such sources.Additionally,fewer people are
subscribing to or reading local newspapers so that is no longer a reliable means of
communication.
These observations highlight two distinct populations in Town. Population one is families with
children in the public schools, relying on the schools for the majority of their important
information. This population is approximately 38%of households'. Population two are those
with limited access and/or ability to use electronic methods of communication (often the older
population in town). Residents 60 or older in Lexington are estimated as 25.2%of the
population while those 65 or older are estimated as 19.3%of the population by the 2018
American Community Survey(ACS). Many people in this latter category utilize diverse channels
of communication (including word of mouth,Town warrants, Lexington listserv, newspapers,
etc.). Creating a unified communications structure that includes both School System and Town
communication channels would greatly improve the flow of information between these
currently separated populations and make the sharing of information more widespread.
3. Implement actions to increase enrollment on electronic communications platforms
maintained by the Town.
o Only a small percent (approximately 6.S%) of Lexington residents are currently reached by any
of the social media and electronic messaging platforms used by the town. (see section 4.3.1
Membership of Existing Electronic Communication Platforms in Lexington)The Code Red system
is an outlier and is used by approximately 26%of residents over 24 years of age.Achieving
subscription by 20% of the Town population to the Town News and Alerts and Link to Lexington
listservs is a stretch goal for a level of engagement. An opt-in signup for Code Red,Town News
and Alerts, and Link to Lexington as part of the school enrollment process may be a method to
increase subscription rates to these systems over time. The Town should investigate ways for
citizens to enroll in its news and alerts such as setting up tables at town wide events, Farmers
' Maureen Kavanaugh, Lexington Director of Planning and Assessment- May 31, 2019
2
Market, etc. Additionally, efforts should be made to connect those citizens who desire to be
connected to social media or listservs, but require technical assistance to do so. One way to
reach citizens who require technical assistance could be to form an e-communication volunteer
support committee.This committee could sponsor events and offer in-home assistance to
educate and enroll new subscribers.
4. Identify and incorporate non Internet centered communication platforms for residents who
choose not to use social media or listservs.
o A large percent of the population will never be reached through social media, listservs and other
Internet centered platforms.The Town needs to identify and incorporate other methods to
communicate on important topics.
5. The Town website should serve as the launching point through which residents can find the
information they are seeking about Town related issues. One key requirement to increasing
the usefulness of the Town website is to improve the search function capability embedded in
the website.
o The current search function on the Town website is inadequate and should be improved. See
the section 4.3.2 Lexington Website Search Functionality,for examples of the limitations of the
current search function. Residents should feel confident that if they search the Town website
they are highly likely to find the information they are looking for.
6. Update the systems for reporting potholes, streetlights out, missed trash pickups,etc.
o Reporting these issues are several of the ways that residents interact with the Town. Currently,
residents leave a voice mail which does not receive a response. Some number of days or weeks
later the item is fixed, but the resident never knows if it is due to their efforts.Voicemail is also
seen as an outdated form of communication when web,text(SMS, MMS, etc.), or app-based
entry is available. Web,text or mobile app based entry also reduces the workload for staff which
no longer needs to transpose details to a database. Problem reports should allow residents to
upload photos or images along with their problem reports. Additionally, an automated response
with a tracking number should be created which tells submitters that their reported item has
been received and the estimated current response times for their issue. Residents should be
able to track the status of their request online. Although these appear to be minor issues,they
are some of the most frequently discussed on the various community listservs and social media
sites.
7. Enable a method for Town Committees to more easily be notified of attempts to contact the
committee.
o The currently employed web form submissions to a "committeename@lexingtonma.gov" email
address are ineffective. Since many of these committees infrequently receive email,the
accounts are most likely infrequently, if ever, checked.The Town IT department should be able
to look at when various committee email accounts were last accessed to verify this claim. Also,
due to committee member turnover, the knowledge for how to access the email accounts is
often lost within a committee. In an impromptu survey conducted of 52 of the Town
committees, 87%of these committees never responded to a web-form submitted email sent to
the committee. See section 4.3.3 Response Rate of Lexington Committees for details.
3
2. Background
The Enhancing Communication in Lexington (ECiL) sub-committee was formed after the 2017 Town-
Wide Survey conducted by the 20/20 Vision Committee showed residents were not aware of many of
the issues and activities within the Town and wanted better communication with the Town.
The charter for the ECiL project was initially broad ranging and was to include interviews with Town
officials and investigations into experiences with communications systems used in the past by Lexington,
among other topics.The team was, however, surprised by early work that showed there was no clear-
cut guidance on what constituted Best Practices for municipal communication. A Best Practice is defined
by Merriam-Webster as "A procedure that has been shown by research and experience to produce
optimal results and that is established or proposed as a standard suitable for widespread adoption.i'
The scope of the charter was therefore narrowed to identifying Best Practices for municipal
communications, identifying those which are most likely to be beneficial to the Lexington community,
and conducting a survey of other towns to see if and how they have implemented these practices.
Section 3, Process, of this document describes how the Best Practices were compiled.
To build the project team,the ECiL subcommittee attempted to recruit members from various
organizations across Lexington such as Chinese American Association of Lexington (CAAL), Indian
Americans of Lexington (IAL), Indians Get Involved Group (IGIG), Chinese Americans of Lexington
(CALex),Association of Black Citizens of Lexington (ABCLex), Korean-American Organization of Lexington
(KOLex), Lexington Five and Under Network(LexFun), Lexington High School (LHS), etc. in an attempt to
reach different demographics within the community. Each of these organizations also has its own
communications network. The town Public Information Officer, Sean Dugan,was hired during this
project and became a team liaison with the Town, replacing Koren Stembridge (Cary Library). Due to Mr.
Dugan's involvement, some of these Best Practices, such as Branding (including Town Logo on Town
originated communications) and development of a "Centralized News Room" are already being
implemented, rather than waiting for this report to be completed.
Current Members:
Marian Cohen, PK Shiu, Margaret Coppex, Mark Manasasx+, Hong Xie, Sean Dugan*, Kathleen Lenihan*,
Mark Sandeen*
Past Members:
Candy McLaughlin+, Glenn Parker+,Joe Pato*, Sherry Zhu Harry Harry Forsdick+, Koren Stembridge+*,
Bhumip Khasnabish
+- Charter writing committee
* -Town Liaison
x-Co-chair
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3. Process
This report was compiled using the following steps. The project team:
• Searched for a generalized list of best practices for municipal communications from National
Association of Government Communicators (NAGC), City-County Communications & Marketing
Association (3CMA), International City/County Management Association (ICMA), International
Association for Public Participation (IAP2). No such list of best practices was found.
• Accumulated a collection of municipal communications plans and reports for various towns and
cities both in the United States and internationally. See section 6 Bibliography for a list of the plans and
reports used. These communication plans were collected through Internet searches to identify
communities with established plans.
0 Constructed a list of"pain points"to identify areas of concern or frustration to Lexington
residents. This list was cross-checked during the writing of this report to ensure these pain points are
addressed. Pain points were developed by reviewing the 2017 Town-Wide survey and the frequency of
topics discussed on the "Lexington List".
• Extracted recommendations from each of the municipal communication plans/ reports,
resulting in a total of 80 recommended best practices.
• Disregarded recommendations applying to the formatting of municipal websites. Website design
practices will not be covered in this document as there is extensive information available from
numerous sources on how to create a useful website.The need to improve the search function on the
Town website is independent of how the website is formatted.
• Combined duplicate/similar recommendations, resulting in 34 unique Best Practices. See the
section 4.1 Best Practices for Municipal Communications of this document for these 34 Best Practices.
• Created questions based on the 34 Best Practices for officials in other municipalities resulting in
a Municipal Best Practices Survey. See section 4.2 Municipal Best Practices Survey, which includes the
detailed findings of this survey, in this document.
4. Findings
4.1. Best Practices for Municipal Communications
The Best Practices discussed in this section were derived from the documents listed in section 6,
Bibliography, using the steps outlined in section 3 Process, of this document. Each Best Practice includes
a discussion of how the particular practice would be applicable to the Town of Lexington.The Best
Practices aligned with common themes including Branding, Channels, Content, Diversity, Engagement,
Feedback, Organization, Partners, and Training. Some of the Best Practices are philosophical in nature as
opposed to items with clear cut actionable practices.These items are listed in section 4.1.2 Philosophical
Best Practices, section of this document.
4.1.1. Actionable Best Practices
1. Develop a communication plan identifying priorities for civic engagement town-wide and develop
appropriate departmental initiatives to build community relationships.
5
o "Ensure that the top priorities for engagement receive enough resources to be done well and
not raising false expectations about staff capacity to engage on all possible topics."
(Bhubaneswar communications plans)
2. Include Town and/or Department Logo/Brand on all authorized communications.
o To reassure residents that a communication is originating from the Town, it is strongly
recommended that the Town logo appear in the communication. In several of the
communications reports which were reviewed for this study, residents mentioned being
confused about whether an email or other communication was originating from the Town or
some other entity.
o At a minimum, bulk emails should originate from a standardized lexingtonma.gov email address.
It is strongly preferred that the sender of a bulk email, or other electronic communication,
should appear as "Lexington DPW-Jane Smith",versus "Jane Smith". Many people immediately
delete emails from senders they do not recognize.
3. Establish the Town website as the core communication vehicle.
o The Lexingtonma.gov Town website should be the first place residents go to seek information
about the town. It is often unclear where within town government information resides. Instead
of having the citizens hunt for where the information resides, citizens should be able to go to
the Town's home page to search for and locate what they need through one search function.
o The current search function on the town website is inadequate and should be upgraded.All
town departments should be accessible, and searchable,from the Town website. See section
4.3.2 Lexington Website Search Functionality for examples of the deficiencies. Residents are
currently frustrated by not being able to find the information they are looking for on the Town
website.
o The function of each of three calendars currently hosted by the Town: l..1 I� v�in...lE;vgints,
n.ir.M..u.inilay Calendar, and ecialL.._Events.should be clarified and the existence of these
calendars should be publicized. Ideally,the contents of all three of these calendars should be
merged into one "universal-view calendar"to provide a one stop comprehensive view of Town
affiliated activities. Additionally,the Town should consider forming a committee tasked with
maintaining the Community Calendar to remove this responsibility from the workload of the
Town Webmaster and Public Information Officer.All calendars should provide an easy method
(iCal, .ics, .csv, etc.)to link to users' personal electronic calendars.
4. Centralize a town "News Room".
o Important Town news should be posted to the 0 .xi n.gtonmaa Town website. Distributing
important information across multiple sites makes it difficult for residents to know where to go
to receive information that may impact them. Information can, and should, be posted in
redundant locations (and updated in all locations) such as web pages dedicated to the
Recreation Department, DPW, Fire Dept., etc.
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o Create filters or tags that allow residents to quickly access news relevant to the topics in which
they are interested.
5. Identify the channels different (target) populations want to use to receive and send
communications.
o Different populations (teens, older adults,families with school age children, etc.) often seek to
communicate using different tools.Tools include electronic means of communication such as
Facebook,Twitter, email, and non-electronic such as residential mailings, sign boards,flyers
posted in public locations, etc. Note: At the current time, only approximately 6.5%of the town is
subscribed to any of the social media or listsery communications methods used by the town,
with the exception of the Code Red system. See section 4.3.1 Membership of Existing Electronic
Communication Platforms in Lexington,for more information.
o Some populations and individuals choose not to use social media and/or some Internet based
communication tools. Methods to reach these populations should be identified and utilized
when appropriate.
6. Seek feedback on the use of communication tools from the public and demonstrate changes based
on this feedback.
o Poll users about the effectiveness of the various channels the Town currently uses to
communicate. Are messages too long,too short,too textual (not enough graphics), etc. Do the
messages contain the desired types of information? Is it obvious to users how they can provide
feedback on messages?Adjust usage patterns based on user feedback and acknowledge that
the user feedback has been heard and used to make the adjustments. Polling should include
questions about better ways to communicate with various populations.These questions should
be incorporated into the Town-Wide survey administered by the 20/20 Vision Committee.
7. Create a "How to Get Involved" section of Town website.
o Each Town committee/organization that utilizes volunteers should clearly identify how to get
involved, and how to contact the organization, to get involved with their activities.The Town
has made good steps in this direction, e.g.:the Volunteer Op ortunities in the Town page on the
website and the Lexington Citizen's Academy.
8. Create an easily accessible inventory of languages spoken by Town staff for reference by Town staff.
o The ability to reach speakers of non-English languages can be useful in many situations. It could,
for example, save lives in emergency situations.
9. Develop a "Get to Know Lexington" document and/or video which should be available in multiple
languages. Create print copies for those who may not have access to the Internet.
o The current Get to Know Lexington web page is focused on economic development.The New
Rest
dent Information page should be reviewed for completeness, but more importantly the
lexingtonma.gov search function should be improved (see section 4.3.2 Lexington Website
Search Functionality of this document). A survey of a representative cross section of the
Lexington population should be conducted to identify resources/services of which many
7
community members are not aware.Appropriately identified channels should then be used to
communicate these resources/services to potential users.The frequency of administering this
survey should be tied to the rate of turnover of the target populations.Target populations are
likely to have varying turnover rates due to moving into or out of town, children leaving the
school system to go to college or start a trade, or simply due to aging of the population.
i. For example, the "Lexica... fruit orAHA es C'or�r unI Needs Assessment"'report from 2019
mentions that many seniors are not aware of services provided by the Town which are
available to them.
10. Develop online "Frequently Asked Questions (FAQ)" for each department.
o Each town department should review the information available on the Town website and
update the content to include answers to the most Frequently asked Questions received by the
department. While there is a short term effort required to conduct this task,the long term
benefit should clearly outweigh the initial effort.
11. Provide regular/consistent information & updates to the public. Follow Best Practices by generating
1-2 social media posts per day for each account; post more frequently to keep followers apprised of
important time-sensitive developments.
o The Town News posted to the front page of the Town website should be updated on a regular
basis so that residents actively seek information from this source. When such pages become
stagnant, visitor traffic drops, defeating the purpose and impact of these tools. As many social
media users prefer not to receive push notifications, frequently updated content is therefore
important to keep users returning to the website often.
12. Provide training to sensitize communications team(s) to needs of special interest groups such as
children, citizens with disabilities,transgender citizens, senior citizens, etc.
o In conjunction with the creation of a Town Communications Plan, the different special interest
groups should be identified and the Town staff communicating with these groups should receive
training, where appropriate. Many organizations conducting these training programs can be
found by searching for"Workplace training for transgender awareness",for example.
13. Work with local special needs groups to design content for people with disabilities.
o Utilizing knowledge of groups in Town who provide services for or advocate for special needs
groups can augment Town staff resources and expertise.
14. Actively& regularly survey residents to identify issues& demonstrate changes based on feedback.
o The Lexington 20/20 Vision committee has conducted a . o. in: C .c� S�irvgy'(last concluded n
. . _ _ :
2017) roughly every 5 years.This Town-Wide Survey should be publicly acknowledged if it
results in changes to Town communications.Acknowledging the origin of the changes will
provide positive feedback to residents that their voices are being heard and heeded. It may also
serve to increase participation in subsequent town-wide surveys.
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o This report, "Best Practices for Municipal Communications" is the culmination of efforts which
began when the 2017 Town-wide survey indicated that residents did not feel like they knew
what was going on in town.This fact should be publicized as the report is distributed.
15. Educate citizens about how the Town works and how to pursue their needs and interests.
o The Lexington Citizen's Academy is a good example of a method to educate citizens about how
the town works. Similar academies with specific foci, such as "How Town Meeting Works", or
"Services Available for Seniors", could also be beneficial if areas of need are identified.
16. Enable "write-in" questions/comments for public forums for those who may not be comfortable
speaking in public.
o Some people who are uncomfortable speaking in public can be great sources of insight and
information. Allowing methods for these participants to contribute improves the feeling of
inclusivity and allows for all factions to be heard, not just those of the "loudest in the room".
17. Enable volunteer contributions to Town and departmental work.
o Volunteer contributions can increase the bandwidth and expertise of Town staff.This increased
bandwidth must, however, be managed.A concerted effort should be made to identify where
volunteer involvement could be beneficial and then to recruit and engage and manage new
volunteers to actively contribute. Responsibility for identifying needs and coordinating volunteer
efforts might require a new or expanded staff position. Alternatively, or supplementary, a
committee of volunteers might be formed for this purpose.
18. Organize events tailored to under-represented communities.
o This Best Practice helps to gain trust, cooperation, and involvement from under-represented
communities.
19. When engaging the public in decision making,tailor the consultation method (forum, survey, etc.)to
suit the situation using the International Association of Public Participation (IAP2) Communication
Methodology Spectrum.
o The IAP2 methodology is widely cited through numerous
communication plans as a leading model for actively engaging residents in municipal
government. Utilize methods such as those outlined by IAP2 to engage citizens in appropriate
levels of decision making with the Town. In this era of electronic communication, group
meetings may be more important than expected as it is possible for one citizen to spam
electronic means while posing as numerous individuals with the same viewpoint. Remote
communications platforms such as Zoom, Google Meet, GoToMeeting, etc. could be utilized to
increase community involvement for those who are unable to attend events in person. Some
commonly cited reasons for including citizens during decision making include:
o Exposing new information and ideas on public issues;
o Developing public support for planning decisions;
o Avoiding protracted conflicts and costly delays;
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o Developing a reservoir of goodwill which can carry over to future decisions; and
o Creating a spirit of cooperation and trust between the agency and the public.
20. Use social/informal events and activities to reach the community. Establish a regular schedule of
Lexington Community Center visits by Town/Department leaders.
o Speaking publicly at Town-initiated forums and events can be intimidating to many people.
Providing access to Town and Department leaders at informal events is important to make sure
that it is not only a "vocal minority'that is being heard.
21. Provide opportunities for employees across the organization to collaborate through cross-
departmental projects, initiatives, and teams.
o This practice ensures that employees at the many locations of the Lexington Town government
feel part of a larger organization with unified goals.
22. Develop & maintain good media relationships.
o Good media relationships are useful to help municipalities get messages out to the public in a
rapid manner without needing to pay for advertising.
23. Partner with other groups, e.g. business, civic, non-profit, etc.to develop information on joint
projects and shared interests.
o Utilizing outside groups can augment Town staff resources and expertise.
24. Create a system of tracking that enhances employee ability to handle resident inquiries & "close the
loop".
o Resident inquiries should be acknowledged and responded to. A review of the "Lexington List"9
suggests that seemingly trivial issues such as a missed trash pickup or a non-functioning street
light can cause significant resident angst when calls are not responded to. For example, the DPW
"streetlight out" line provides no feedback that the message has been received, nor any
indication of how soon an outage may be repaired. Even an email response that indicates a
message has been received and has been added to a database is an improvement over no
response at all. In this Internet era residents expect to be able to submit issues via a web form
or email. Phone calls to a voice mailbox are seen as an outdated form of communication, but
should still be available to those who are not familiar or comfortable with technology.
25. Develop tools to utilize identified communication channels.Tools can include items such as
templates for risk analysis, communication plans, key message templates, etc.
o Items such as the templates mentioned above are tools that help a department, group, or
committee think about the important issues, and the messages they want to convey to the
public, in a thorough, methodical manner.The act of filling out a form, such as a key message
template, can engender discussions within a group about project priorities and objectives.
9 The "Lexington List"was originally a Yahoo based listsery moderated by Lexington resident Harry Forsdick. It has
recently been moved to the Groups.io platform.
10
26. Document and publicize Town customer service standards, e.g.timelines for responding to email,
phone calls, etc.
o Setting public standards, and publicizing them, lets residents and Town staff know what to
expect when communicating with the town. Residents know their issue has been acknowledged
and will be responded to. It is completely acceptable to defer an informed response to a future
date, but an unacknowledged inquiry often evokes frustration and a feeling of futility.
27. Go paperless, enable online/digital transactions where possible.
o Wherever possible, digital transactions should be enabled to remove paper waste, speed up
processes, and enable more comprehensive record keeping and data analysis. Phone
communications can be seen as slow and outdated.Additionally, phone messages require
transcription to become useful data for subsequent analyses.
28. Leverage existing advisory committees to identify key issues.
o When issues face the Town,the skills of existing advisory committees should be reviewed to
determine if skills to address the issues already exist within existing committees. Existing
committees with expertise will obviously be quicker to come up to speed on a topic vs. a newly
formed committee.
29. Train staff to improve their communication skills.
o Identify areas where communications training could improve Town staff job effectiveness.
30. Train staff with background information and key messages for important topics.
o Providing a unified set of messages is important to instill confidence and trust in Town
government. Conflicting messages cause frustration and extra effort to resolve for both the
citizen and Town staff.
4.1.2. Philosophical Best Practices
The Best Practices (BPs) listed in this section are espoused in several of the communications plans
reviewed by the ECiL project.These Best Practices, while harder to connect directly with actionable
tasks, can inform actionable tasks. These BPs are listed here along with some links to articles discussing
their importance on fostering good municipal communications.
31. Empower citizens to make decisions.
o ,Erp.y aina Citizens in Government
o The Theory of Citizen Involvement
o Citizens' Env aement in Policy Maki and the Design of Public Services
32. Empower staff to manage stakeholder relations.
33. Create an open and transparent information process for information based decision making by
citizens.
11
34. Define citizen engagement as an essential municipal service to all citizens and stakeholders.
o What Does
12
4.2. Municipal Best Practices Survey
After compiling the Best Practices discussed previously in this report,the ECiL team conducted a survey
of 23 municipalities, including Lexington (see Table 1).This survey was conducted to gauge how these
towns were implementing many of these Best Practices.These towns were selected based primarily on
whether they had an individual or individuals on staff responsible for town-wide communication.The
ECiL team initially thought we should conduct our survey on towns with similar demographics but many
towns with demographics similar to Lexington don't have a dedicated communications role within their
town. Ultimately we concluded that towns with a dedicated communications officer or communications
role were more likely to be further along in implementing Best Practices than towns with more
dispersed/ad-hoc communications procedures.The following towns responded to the survey.
Table 1:Towns Responding to Best Practices Survey
Surveyed Towns Population10
Acton MA 21,929
Amherst, MA 37,819
Andover, MA 36,400
Arlington, MA 45,052
Brookline, MA 59,126
Cambridge, MA 110,651
Concord, MA 19,809
Danvers, MA 27,400
Everett MA 46,324
Framingham, MA 71,594
Franklin MA 28,352
Haverhill, MA 63,639
Issaquah,WA 37,322
Lexington, MA 33,150
Malden MA 61,246
Medford, MA 57,213
Medway, MA 13,329
Natick, MA 36,246
Needham, MA 30,999
Newton, MA 89,045
North Andover, MA 33,410
Wellesley, MA 27,982
Weston, MA 12,111
io Google search "population of<Town name>"conducted May 2019.
13
4.2.1. Results of the Municipal Communications Survey
The questions for the Municipal Communications Best Practices Survey can be found in Appendix A in
section 5.1 Best Practices Survey Questionnaire, of this report. This survey was conducted entirely as an
online survey which included automated question branching based on the respondent's answers.The
printed format shown in section 5.1 is therefore only an example provided to show the text used in the
questions. Initial contact with these communities was made by Lexington Public Information Officer
Sean Dugan. A link to the survey was then emailed to the participants to complete the survey online.
The following sections describe the findings of this survey. Supplementary graphs illustrating some of
these findings can be found in section 5.2 Supplementary Graphs for Best Practices Survey.
Title and responsibilities of communication officers:
While the communities included in this survey all had a position within government responsible for
communication, the title used for the person varied from municipality to municipality. References were
made to Director, Officer, and other managerial positions, and the office itself was either located within
the Town/City Manager's office or was a stand-alone office.
Responsibilities included: acting as the Town's spokesperson; educating staff regarding best
communication strategies and practices; curating content of communications and writing press releases,
blogs, newsletters; managing social media presence and the municipality's website; cultivating
relationships within the community; managing projects; developing strategies/strategic planning;
overseeing HR; managing contracted legal services; managing grants; serving as the official records
access officer. In other words,the types of responsibilities were far-reaching and far-ranging but were
not consistent from location to location. This suggests that the definition of the information officer and
his or her responsibilities is highly variable.
Communication plans:
Few of the municipalities (5 of the 23 surveyed) have an established communications plan. Of those,
four(4) have a town-wide plan. Updates to the plans vary from every three months to yearly. The
majority of those surveyed (19) have a 'centralized news room' and use a special section of the
municipality's website as a method to deliver news (N=19).The second most used method was email
subscription lists (N=17). In addition, municipalities employed (to a considerably lesser degree): social
media platforms; physical posters/sandwich boards and copies of newsletters available at locations
throughout the municipality; regularly published and mailed newsletters; and press meetings.To inform
the 'newsroom' content, most municipalities used one person or a team to collect and edit content.
While the survey was careful to identify specific groups within municipalities that have been recognized
as key sub-populations (i.e., older adults,young adults, teens,families, ethnic communities, ESL,
minorities, and vulnerable populations), municipalities were also asked if there were populations not
identified in the survey but important in their location. Seven (7) municipalities mentioned other groups,
including the business community, neighborhood associations, universities, newcomers, and
'unconnected' populations (those who don't use social media, news, etc.). Methods employed to reach
14
additional or sub-group populations included flyers sent home through schools and posted in locations
throughout the municipality(such as grocery stores and community bulletin boards).
In addition to posting information, municipalities employed a number of different events or activities to
reach the targeted populations. These included: public forums; community'conversations';
neighborhood open houses;'live'town hall meetings with the administrator of the municipality;
outreach to seniors through social gatherings and regular newsletters; multi-language website postings;
holiday events and parades; robocalls; posting information on social media sites; providing opportunities
for ethnic communities to share their cultures.
A number of methods were identified that are used to promote interaction between residents and
municipal officials. These include: public forums; meet and greet events in 'casual' settings (e.g., coffee
shops,farmers' markets) or at community events (e.g., block parties); Facebook pages; office hours.
Newcomers are educated about municipal services through a variety of means, including: 'welcome'
handouts or guides or packets or email through realtors; welcome group of citizens; social media;
website and/or video information; and Citizens'Academy.
The most successful means used for recruiting citizen volunteers were identified as: Citizens'Academy;
community listservs; community participation officers; social media; promotion of boards/committees
on municipality's website (including a Get Involved page); municipality-wide e-mailing and press
releases; cable stations; and networking and word of mouth/personal contacts.
There were a number of different metrics employed to assess a municipality's effectiveness in 'getting
the message out'. These included: attendance at public meetings; number of email links opened by
recipients; number of social media responses or phone calls/emails received or inquiries made of
officials; monitoring 'chatter' on community listsery or on a community(not municipality-sponsored)
Facebook group page.
To track inquiries/comments from constituents, departments use: GIS forms; See-Click-Fix°; 3118;
emails; Facebook; departmentally shared electronic spreadsheets or handwritten notes. The primary
means of tracking inquiries were through software purchased from a vendor(N=13), manually
maintained phone logs (N=9) and a combination of methods that includes use of each of these.
Recommended response time to inquiries was variable. Some respondents said it varies by department
or type of inquiry or type of response needed, some said ASAP, and others said it is based on a
municipality-wide recommendation of 1-2 business days.
The range and types of responses to each of the above questions illustrates how varied and how
complex are the methods used by municipalities to reach and serve constituents. There were no
identifiable "best"ways of communicating.
Communication channels:
This committee, having tracked the use of communication channels by Lexington residents, wanted to
know if patterns we observe here are similar to patterns observed in other locations. (See section 4.3.1
Membership of Existing Electronic Communication Platforms in Lexington, in this document for more
information on use of communication channels in Lexington.)
15
In Lexington, Facebook was an effective channel of communication with most groups, but especially
with teens and young adults (where it was found to be the most effective channel of communication).
Twitter was also effective with teens and young adults. Older adults, in addition to using Facebook,
relied on an email subscription list and the Town website. Facebook,Twitter, the email subscription list
and the Town website were also most effective among families with school-age children. Members of
specific ethnic communities relied most heavily on the Town website, Facebook,the email subscription
list and community forums.Those for whom English is a second language,found the Town website and
community forums most effective. Members of social minority groups (LGBTQ+, special needs, etc.)
relied on Facebook, the Town website, and community forums. The Town website, direct mail,the
email subscription list, Facebook and community forums were most effective with members of
vulnerable populations (e.g., low income, disabled, etc.) The least effective communication channels
were social events and, with the exception of the vulnerable population, direct mail.
In Lexington,the percentage of the population using various communication channels ranged from a
high of 12.6% of the population using the LexMavens Facebook group to a low of 3.8%of the population
using the Lexington Friends listsery group.
It should be noted that just in relatively short time during which this committee conducted its research,
use of all but one of the various communication channels, as measured by number of subscribers, grew.
(Again, see section 4.3.1 Membership of Existing Electronic Communication Platforms in Lexington, in
this document.)
Lexington's use of two of the more popular communication channels, Facebook and Twitter, is lower
than what was found in other locations. 4.2%of the population in Lexington uses a town-sponsored
Facebook page. While less than 5%of the population in 9 other locations uses Facebook, between 5%
and 20%of the population uses Facebook in 10 locations.
5.4%of the population in Lexington uses a town-sponsored Twitter feed. The pattern of the use of
Twitter in other locations mimics the use of Facebook in those locations.
The most commonly used communication channel, in Lexington and in other locations, is emergency
alert services. 26.1%of the population in Lexington uses this channel, as compared with at least 20%of
populations in most of the other locations.
Tax inserts was identified by one respondent as an effective way of reaching constituents. In this one
location, approximately 45% of the population was able to be successfully contacted.
Town-wide survey:
Sixteen (16) of the 23 municipalities have conducted a town-wide survey. The frequency with which
such surveys have been conducted ranged from annually to every 5 years or on an ad hoc basis when
needed. Topics included in the surveys cover a wide range of issues (economic development,
transportation, public education, environment, physical character,town government,town services,
communication and quality of life), not unlike those addressed in Lexington's town-wide survey. To
design survey questions, municipalities have turned to consultants, requested input from municipal
departments, created committees that work in consultation with departments, and/or used questions
from previously developed surveys. The surveys are then most often administered by consultants or
consultants and municipal staff. These practices are consistent with how Lexington has developed
16
survey questions and then administered the questionnaires. Methods of data collection, too, have been
like those used in Lexington (i.e., use of online platforms and a combination of online systems and
printed form).
Summary and Conclusions:
As can be seen by the responses obtained,there is great variability with regard to many issues
associated with communication among the municipalities surveyed. However, it should be noted that
there is overlap and consistency with respect to some strategies being employed for enhancing
communication with constituents. The degree to which these municipalities have devoted time and
energy to reaching residents illustrates that communication is recognized as a vital element in municipal
government.
17
4.3. Incidental Findings
Numerous observations about Town communications were made during the course of this project.
Although they are not directly related to the Best Practices findings,they are complementary and are
discussed in this section.
4.3.1. Membership of Existing Electronic Communication Platforms in Lexington
Only a small number of Lexington residents are currently following any of the social media (Facebook,
Twitter) accounts run by the Town. Similarly,the Constant Contact® newsletters; Link to Lexington and
Town News and Alerts have relatively small subscriptions rates.There is a need to use other methods to
reach a broader population.The ECiL Committee looked at subscription counts over time for accounts
managed by Lexington and for some of the private citizen managed social media and listservs popular in
Lexington. See Figure 1 and Figure 2 below.The enrollment data used in these graphs are available to all
subscribers for these groups on these various platforms, e.g. Facebook,Twitter, and the Lexington List.
For the Link to Lexington, and Town News and Alerts, subscriber data was provided by Lexington PIO
Sean Dugan.The Lexington Chinese community also widely uses WeChat.At the current time in
Lexington there are three primary WeChat groups containing up to 500 users each which are not shown
in the following graphs. It is estimated that between these three groups there are nearly 750-800 unique
users11. For the purposes of the graphs it was assumed that the target population for these types of
electronic platforms is residents 24 years of age and older.
Figure 1: Social Media Enrollment Count vs. Percent of Population of Lexington >24yrs Old
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
e :>. . ,„ III
o no�
�i
Over time the subscription rates have risen according to the following graph.
" Personal communication, 1 August 2020,Weidong Wang, past president Chinese American Association of
Lexington
18
Figure 2: Social Media Membership vs. Date for Lexington Population >24yrs Old
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4.3.2. Lexington Website Search Functionality
An ad-hoc survey was conducted to compare the responses provided by the search function embedded
on the Lexingtonma.gov website versus a search performed using the Google search engine.A search of
any specific website can be run using Google search by prepending the text"site:"to a Google search.
The following examples therefore show a comparison of the search results returned by the
Lexingtonma.gov search function vs.the same query using "site:Iexingtonma.gov<question phrase
here>".
The following Table 2 shows the relatively poor responses provided by the embedded search function
vs. a Google search for ten randomly chosen questions.
19
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4.3.3. Response Rate of Lexington Committees
The Lexington 20/20 Vision Committee hosted an online event on April 2, 2020 entitled: Futures Panel:
Challenges& Opportunities for Lexington. To help publicize this event, and as an ad-hoc test of the
effectiveness of committee email addresses, emails were sent to 52 committees found on the Town
Lexingtonma.gov/boards web page using their respective web-page submission forms.The web-page
submission forms send an email to either a committee email, such as
yiispirnrv. eIlxiilntainir rv, or to an individual with a <iirnilyilI} Ilxiirirnlm .ggy email
address.These emails were sent on April 1st and 2nd, 2020. Committees that directed their emails to an
individual (e.g. individuallexingtonma.gov vs. 2020visioncmte@lexingtonma.gov)were excluded from
this evaluation.The message sent to these committees was:
Subject:Futures Panel invite
Dear<Committee Name>Committee,
This email is serving two purposes. Purpose one is to invite all of the members of your committee
to a "Futures Panel"being hosted by the Lexington 20/20 Vision Committee:
Futures Panel: Challenges& Opportunities for Lexington
2 April, 7-9 pm
Cary Memorial Hall
More info about this event is available here:
h�s://Lexingtonma.clov/FuturesPanel
Purpose two is to poll the various Lexington committees to see if/ their email addresses are
being monitored. If you have read this, please simply respond to this email stating something
along the lines of"message received".
Many thanks!
Mark Manasos for 20/20 Vision Committee
Figure 3 below shows that of the 52 committees contacted, 45 (87%) of these committees never
responded.
26
Figure , o Response Rates from Lexington Committees via Web Form Submission from
Committee Web Page
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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This impromptu survey clearly showed that the vast majority of the committees in Lexington are not
reachable via links on their Lexingtonma.gov committee pages. Since many of these committees
infrequently receive email, the accounts are infrequently, if ever, checked. Also, due to committee
member turnover,the knowledge for how to access the email accounts is often lost within a committee.
A more robust system of notifying committee members and/or committee chairs that someone is
attempting to contact their committee should be implemented. This is but one illustration of
communication problems with Town committees or boards. It demonstrates,very clearly,that reaching
those responsible for issues associated with Town functioning is difficult, at best. If we want to be
responsive to citizens' questions, complaints, concerns,we need to better monitor and respond to
communications.
27
5. Appendix A
5.1. Best Practices Survey Questionnaire
The following pages show the questions used to conduct the Municipal Best Practices Survey.The actual
survey was conducted entirely online.The following pages are therefore only intended to show the text
used to ask questions.
28
Municipal Communication Best Practices
Survey
This survey is being conducted by a Select Board committee from the Town of Lexington MA
with the assistance of the Town's Public Information Officer.These questions about Best
Practices have been distilled from numerous municipal communication plans and other
municipal communications guidance documents.
Our goal is to gather feedback from different communities,analyze the data,and learn how they
communicate with the public so we can improve our communications strategies.We will make
the results available to all participants,so they can learn about the innovative strategies these
communities are using to reach their residents.All published data will be anonymized to obscure
respondent names and towns.
Thank you for your participation!We look forward to sharing our results with you.
1. Name
2. Town
3. Job Title
4. Please describe the primary functions of your position
29
5. Best e-mail address for follow-up
For the purposes of this survey,a communications plan is defined as a document
which prescribes how messages will be communicated to target populations.It
Communication describes the messages to be communicated and the mechanisms by which they
will be publicized.Communication plans usually identify the audiences,
Plans communication objectives,messages,communication channels and timing.
6. Does your town have a Communications Plan?
Mark only one oval.
�)Yes Skip to question 7
;)No Skip to question 9
Communication Plan Specifics
7. Do individual departments in your town have their own communication plans?
Mark only one oval.
Yes,there is a town wide communications plan.Additionally,each municipal
dep
artment has their own communications plan.
Yes,there is a town wide communications plan.Additionally,some municipal
departments have their own communications plan.
No,all departments are bundled into the town-wide communications plan
Other:
30
8. How often do you update your town-wide communication plan?
Mark only one oval.
„i Every 3 months
Every 6 months
Yearly
�d Other:
Communications Development& Distribution
9. Do you have a"centralized news room"?
A centralized news room is defined as a central location through which all departments can publish their
important community announcements.This may be a special web page on the town website,a monthly
mailing to all residents,etc.
Mark only one oval.
Yes Skip to question 10
i<<,,,,,,,,,,,,,a.�No Skip to question 12
"News Room"specifics
10. Please identify the methods you use to deliver town news via your"news room".
Please check all that apply:
Check add thaF appi y.
Special section of Town website
Monthly mailed newsletter
Quarterly mailed newsletter
Email subscription list
„P Hard copy newsletter available in location(s)around Town
Other
31
11. How do you collect the content for your"news room"?e.g.,does one person poll
town departments and collect/develop content,or does each department do its
own reporting?
Please check all that apply:
Check afl than appp y
One person or team is responsible for collecting and editing content from Town
departments
„ Each department creates and submits its own content
A combination of the two options above.Some departments create and submit their own
content.A person or team collects and edits content from other departments
Other: )
Target Populations&Communication Channels
32
12, The next question addresses different populations in your town and how you target your
communications to there.For each population listed,please identify the methods you find
rnost effective in reaching the Population. PLEASE CLICK IN THE ANSWER AREA,THEN USE
LEFTIRIGHT SCROLL ARROWS ON YOUR KEYBOARD TO ACCESS ALL ANSWER OPTIONS.
Please check all that apply for each population:
(,.'heckcill thafapp y
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Faitebook, Tviitte� sulbscinpon Town Dk'ect C11"bminumly, as lilm
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PT,C
olldei adults 7 F7 D D FIII
Young adulT�s 71 F 7 1 D [7 71 F 17
Teens F 71 F 71 0 C 17
1l1'arnllles
Mth school F ID 17 ID F1 17 F
age chi'idren
Spedfic
ethirk,
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Rest,derits
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(L 6 Gl'+, F 71 E F-71 0 r-7 ID F 17
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P0pullst10 r1s,
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d s,,Wed,etc,
33
13. Which target populations did we miss in the previous question,and how do you
reach them?
Please enter''none"if you think we covered them all in the previous section.
14. What is an example of a successful event(s)/activity you have used to target a
specific population(s)within your town?
Please describe the target population(s)and the event(s)you conducted to communicate with this
population.Please state''N/A''if this is not applicable.
Town- Town-wide surveys are used to determine the priorities of residents,identify issues of
importance to them,and assess their satisfaction with Town services.
wide
Survey
15. Has your Town conducted a town-wide survey?
Mark only one oval.
`Yes Skip to question 16
,1 No Skip to question 22
Town-wide Survey Specifics
34
16. How often does your town conduct a town-wide survey?
Mark only one oval.
q6 Ad-hoc as needed
6° Annually
f Bi-annually
I Every 5 years
.,,„,.,,,k Other:
17. Topics covered by survey
What are some of the key issues covered in your surveys?Please check all that apply:
(;`he(,.Ca aPC lhaaf appg y
Economic Development
Population Diversity
Public Education(Schools)
Transportation
Environment/Open Space Issues
Physical Character(Town center/neighborhoods/historic areas)
Town Government
I........... Town Services(Public works,library,human services,recreation,etc.)
l,Communication (to and from Town departments)
Quality of life in Town
Other "
18. Who develops your survey?
Who designs the survey format and the questions?Please check all that apply:
Check ail thit apply
Town Clerk
„ Town Committee
Town Staff
Consultant(s)or professional municipal survey service
Citizen Group
Other:
35
19. How do you develop the questions for your survey?
Please check all that apply:
Check add that apply
Owe rely on previously developed questions
IJ We revise previously developed questions as needed
EjWe solicit input from town departments
We solicit input from town boards and committees
We solicit input from residents
Questions are developed by consultant(s)
Other 1........�
20. Who administers your survey?
Who collects responses for the survey?Please check all that apply:
Check add that appd y.
Town Clerk
Town Committee
Town Staff
Consultant(s)or professional municipal survey service
Citizen group
Other
21. Which of the following do you use to collect responses to your survey?
Please check all that apply:
G`tMeck aid thaf<app)y,
Printed surveys are available at locations throughout the Town
Online systems such as Survey Monkey,Qualtrix,Google Forms,etc.
Survey embedded in email message
Telephone interviews
Face to face pre-scheduled interviews
Face to face on-the-street interviews
Other: [
Community Engagement and Responsiveness
36
22. Which of the following methods do you routinely use to promote interaction
between residents and town officials?
Please check all that apply:
Check add th aR appiy:
Public Forums
Town official office hours
Presence at community events
Meet&greets for town officials in"casual"settings such as coffee shops,farmer's
markets,etc.
II Town official attendance at Block Parties
Other I
23. How do departments in your Town track resident inquiries or comments,and
responses to these?
For example:are there systems for recording calls or emails about potholes,street lights out,missed trash
pickup,etc.Please check all that apply:
Check aid that;appiy
Manual"phone log",e.g.hand written notes
Departmentally shared electronic/online spreadsheet(s)
Software purchased from a vendor such as See-Click-Fix(R)
1 No tracking systems are used
Other
24. Do you have recommended response times for citizen inquiries?
Mark only one oval.
Yes,we have a town-wide recommendation Skip to question 25
f Yes,varies by department Skip to question 26
No,response times vary by type of inquiry and are determined on an ad-hoc basis
Skip to question 26
Other:
Response time details
37
25. What is the recommended town wide response time?
Mark only one oval.
1 hour or less
4 hours or less
f Within one business day
I Within two business days
Within three business days
s
�Other:
Community Engagement
26. How do you educate newcomers about available town services?
Please check all that apply:
Chace,:add tha�app iy.
Newcomers page on town website
citizen's academy(classes to teach newcomers about town)
Handouts to parents/guardians enrolling children in schools
"Welcome to...."handouts available around Town
Private citizen newcomers groups
l j Town social media accounts
Other: L........
38
27. What are your most widely subscribed communication channels?
Please provide your best estimate as to how widely subscribed each channel is based on the population of
your town.
Mark orriy one ova per row..
Less than 5% 5-10%of 10-20%of Greater than 20%
of town town town of town
population population population population
Town-wide Facebook
feed
Town-wide Twitter
feed
Town-wide email
listsery/contact ;' f „
management system
Departmental/topic
specific email listserv .�
.. 1
/contact
management system
Departmental
Facebook feeds ' ,,..........w
Departmental Twitter -•.� „,
feeds ,
Emergency alert
services such as b
Code Red(R)
28. Which communication channels did we miss in the previous question,and how
widely subscribed are they?
39
29. What have been your most successful methods for recruiting citizen volunteers
across the town and across different committees?
For example,is there a"get involved''section on your town website that lists volunteer opportunities,or
does each committee do their own recruiting,or??
Measuring Communications Effectiveness
30. What are some metrics you use to assess the effectiveness of"getting your
message out"to residents?
For example,if you are trying to communicate a newly proposed traffic pattern in town,how do you assess
if residents are aware of this proposed change?Please check all that apply:
Attendance count at public meetings
Number of Facebook,Twitter,etc. responses to a topic
Number and type of responses(e-mails,phone calls,etc.)received
Number of people opening email links
Number of inquiries to town officials
Other ,.
31. What metrics did we miss in the previous question that you find useful in assessing
how well you are communicating with residents?
Closing comments
40
41
5.2. Supplementary Graphs for Best Practices Survey
The following graphs illustrate some of the findings of the Best Practices Survey.These findings are
described fully in section 4.2 Municipal Best Practices Survey. It should be noted that for some of these
graphs there are a small number of respondents. For this reason, these graphs are more illustrative than
quantitative.
Target populations and most effective types of communication
The x-axis in all of the following graphs is the number surveyed towns responding that they use a
particular platform to attempt to communicate with the identified population.
Facebook
Vulnerable populations P
Minorities P
ESL
Ethnic communities
Families
Teens P
Young adults
Older adults P
0 5 10 15 20
Twitter
Vulnerable populations P
Minorities
ESL P
Ethnic communities
Families P
Teens P
Young adults P
Older adults
0 5 10 15 20
42
Email subscription list
Vulnerable populations P
Minorities P
ESL
Ethnic communities
Families P
Teens P
Young adults
Older adults P
0 5 10 15 20 25
Town website
Vulnerable populations P
Minorities
ESL P
Ethnic communities
Families P
Teens
Young adults P
Older adults P
0 5 10 15 20
43
Direct mail
Vulnerable populations
Minorities
ESL
Ethnic communities
Families P
Teens
Young adults
Older adults
0 2 4 6 8 10 12 14 16
Community forums
Vulnerable populations
Minorities P
ESL
Ethnic communities
Families
Teens
Young adults P
Older adults
0 2 4 6 8 10 12 14 16
44
Social events
Vulnerable populations
Minorities P
ESL
Ethnic communities
Families
Teens
Young adults P
Older adults
0 2 4 6 8 10 12 14 16
Not a target population
Vulnerable populations
Minorities
ESL
Ethnic communities
Families
Teens
Young adults
Older adults
0 1 2 3 4 5 6
It is interesting to note that the only population not identified as 'not a target population' was older
adults.
With older adults,the most effective types of communication were identified (in order of towns finding
them most effective) as:
• Email subscription list (21)
• Facebook (18)
• Town website (18)
• Direct mail (14)
45
• Community forums (14)
• Social events (8)
• Twitter(6)
With young adults,the most effective types of communication were identified (in order of towns finding
them most effective) as:
• Twitter(18)
• Facebook (15)
• Community forums (14)
• Email subscription list (11)
• Town website (11)
• Social events (9)
• Direct mail (0)
With teens, the most effective types of communication were identified (in order of towns finding them
most effective) as:
• Twitter(7)
• Facebook (7)
• Town website (5)
• Community forums (3)
• Social events (3)
• Email subscription list (2)
• Direct mail (0)
With families with school-age children,the most effective types of communication were identified (in
order of towns finding them most effective) as:
• Facebook (19)
• Email subscription list (18)
• Town website (17)
• Twitter(16)
• Community forums (14)
• Social events (14)
• Direct mail (7)
With members of specific ethnic communities,the most effective types of communication were
identified (in order of towns finding them most effective) as:
46
• Town website (12)
• Facebook (10)
• Community forums (9)
• Email subscription list (7)
• Twitter(7)
• Social events (7)
• Direct mail (3)
With those for whom English is a second language, the most effective types of communication were
identified (in order of towns finding them most effective) as:
• Town website (14)
• Community forums (10)
• Facebook (6)
• Email subscription list (6)
• Social events (5)
• Twitter(4)
• Direct mail (4)
With members of social minority groups (LBGT+, special needs, etc.), the most effective types of
communication were identified (in order of towns finding them most effective) as:
• Facebook (13)
• Town website (12)
• Community forums (11)
• Twitter(10)
• Social events (9)
• Email subscription list (8)
• Direct mail (2)
With members of vulnerable populations(e.g. low income, disabled, etc.),the most effective types of
communication were identified (in order of towns finding them most effective) as:
• Town website (14)
• Direct mail (14)
• Email subscription list (12)
• Facebook (11)
• Community forums (10)
• Twitter(8)
• Social events (5)
47
Does your town have, a Communications. Plan?
o,
aN ryry
Do
�l}
individual departments in your town have their own communication plIan
5 responses
Yes,there is a torn Bride
comnnuruuunuoations plan AddWonal y,eaohi
nnrun-ipnal department has their own
�� . oouxnunnrun'usations plan.
lllllllllllllllll0 Yes there us a town nro de
a,, communications pl,anv.Add tionallY, some
nruuunicipan departments have their o%rrn
n, a;oMnnrurrlioatiortS plan.
�t No,all departments are buanndled'unto the
to�wnm=Mde o'rnmonnnnfio,afions plan
48
49
Has your T wn conducted a town-wide pair
'23Iresplolrnses
o,
m,
Howe often does your town conduct a toww n- �d SUry y
p 6 responses
Ad-hoc as mended
Annually
0 Every 5 year's
0 WE conducted one three years ago and
II
W
n"null s try do nother rrsxt year
QII IiIil s neede.� topic sp cificwary.two years 4;yriornrnW)
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
COVID-19 & Reopening Update
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
L3
SUMMARY:
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020 6:50pm
ATTACHMENTS:
Description Type
COVID-19 UPDATE
9/11/20
Updated Public Health Information (as of 9/10/20):
• 343 Confirmed (cumulative) Cases in Town of which less than 5 are active cases.
Town/School/Community:
• During this period while the Town offices have been closed to the public,we have been working on
how to re-open as quickly and safely as possible. While many of the staff have been able to conduct
most business remotely, answering emails and phone calls in a timely manner, some offices have
also continued to work at full capacity including DPW, police and fire. They quickly implemented
safety protocols and followed guidance to continue providing services to the public.
Working closely with facilities and the health department over the last month, we have had a
comprehensive assessment done with EH and E on our return to work polices, with the report
coming back as we are meeting all the standards and some are even beyond the standard guidance
for staff to return. Our facilities department has almost completed installation of plexiglass around
staff desks, on countertops for public service, and will be outlining 6 feet apart markers for
departments that tend to have lines outside their counters. We also have made one door
entrance/exit only so as to control who is in the building. Our health department has worked closely
with Economic development and the Recreation department on their re-opening polices for the
Visitor's Center, parks and recreational programs that will start up in the fall. This includes the
procedure for opening public restrooms in a safe manner.
As we move into our next phase of the re-opening plan, which was approved by the health
department, and bringing staff up to 50% levels and subsequently opening the buildings back up to
the public, we are ready! Department heads are working with their staff and their schedules to
balance the 50% levels,while being sensitive to those with children that are going back to school
and may need some flexibility at this time. The staff have been notified that the implementation
date for this new schedule is September 21, 2020. We will then move into re-opening to the public,
by appointment only, on October 5th. While we are highly encouraging members of the public to
continue to conduct business either email, online or over the phone,those that may need to come
in person will be able to do so with an appointment with the particular department personnel. A
member of the public can reach out to the specific department either by phone, email or through
the website at https://www.lexingtonma.gov/home/pages/contact-information.
In order to make sure the public is aware of this option, we will be working with Sean Dugan, Public
Information officer to get this out on social media and we will update the banner on the website.
We will also update the language for signage on all doors of public buildings. Please note,that we
will still be conducting all internal meetings via zoom or telephone as much as possible, even if the
staff is in the buildings more often. We continue to monitor statewide and national trends before
making a decision for employees return permanently to ensure their safety and that of the public.
We are carefully watching the trends in the state with increased daily positive tests for COVID-19
and note the statistics for Lexington have remained low compared on a monthly basis.
• We have implemented our Out of State Travel Policy to coincide with the Governor's latest order.
• We continue with no employees that are presently positive with COVID-19.
• We continue to have a regular, conference call every Wednesday morning at 9 AM (we pushed it
back to 9 AM) with the Senior Management Team and Health Officials to review the change in the
number of local cases and discuss actions the Town is taking and to discuss any issues or concerns of
various departments.
• There have been no additional establishments approved for outdoor dining with alcohol service (II
Casale,Via Lago, Ixtapa, Marios, Upper Crust Pizza &Town Meeting Bistro).
• The Health Office, Economic Development and Department of Public Facilities worked out an
arrangement to open the Visitors Center to the public, but with only the outside access restrooms
available (not the interior downstairs restrooms).
• The Library is continuing with curb-side "Cary Out" services (see Weekly Update).
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a m Office of Public Health
3 a'' 1625 Massachusetts Avenue
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o�incz Lexington,ton�MA 02420
x
(781)-698-4533
Fax(781)-861-2780
David Neylon,RN,MPH,REHS/RS Board of Health
Public Health Nurse x 84509 Wendy Heiger-Bernays,PhD,Chair
Burt M.Perlmutter,M.D.
Casey Mellin,REHS/RS,CHO David S. Geller,M.D.
Health Agent x 84507 John J.Flynn,J.D.
Susan Wolf-Fordham,J.D.,M.P.A.
Alicia McCartin
Health Agent x 84519
COVID-19
Lexington Office of Public Health Situation Report
Week of 9/7/20
To: Jim Malloy, Town Manager
From: Alicia McCartin, Health Agent
Date: 9/10/20
Current Snapshot(Data ranee from 3/7/20 to 9/9/20 unless otherwise noted)
0 343 total confirmed Lexington cases as of 9/9/20 (0 new confirmed case this week; 14
day case count<5)
0 67 total probable Lexington cases as of 9/920 (0 new probable cases this week)
• 4 confirmed cases have not cleared isolation (recovered) at this time
0 No fatalities this week.
• Total fatalities since 3/7/20 = 47 (94%* associated with Long-term Care Facilities) *Self-
report by LTCF; not checked against official death certificates
• Total number of Lexington residents tested in previous 14 dates = 1738 individuals
as of 9/9/20.
• Percent of individuals tested last 14 days that were positive as of 9/9/20 = 0.40%
• Average daily incidence rate per 100,000 = 1.3
1
LexinjIton Confirmed Cases by Week (3/7/20* to 9/9/2020)
*First case reported 3/7/20; **Peak surge week of 4/13/20;
***Confirmed case reclassified as negative per updated state case
surveillance definition
r3/4/2O2O 00
/ / 3 3
3/18/2020 6 3
3/25/2020 14 8
4/1/2020 28 14
4/8/2020 62 34
4/15/2020 151 89
4/22/2020 206 55
4/29/2020 254 48
5/6/2020 275 21
5/13/2020 289 14
5/20/2020 302 13
5/27/2020 309 7
6/3/2020 315 6
6/10/2020 318 3
6/17/2020 321 3
6/24/2020 321 0
7/1/2020 326 5
7/8/2020 327 1
7/15/2020 329 2
7/22/2020 332 3
7/29/2020 335 3
8/5/2020 339 4
8/12/2020 338 0
8/19/2020 340 2
8/26/2020 341 1
9/2/2020 343 2
9/9/2020 343 0
2
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Lexinsiton Confirmed Cases by Gender (3/7/20* to 9/9/2020)
'mote— date of Lexington's first confirmed case; cumulative case count
Gender #Cases Percent
Unknown 12 4%
Female 207 60%
Male 124 36%
Total 340 100%
Perce b'tage of I1....o ing-Lon Confirmed Cases lby Gender'
i[)aLa firorn 3/7/20...9/9/2.0
Unknown
I
i
a Total Cases=343
4
Lexington Confirmed Case Distribution by Age in 10-Year Increments (3/7/20 to 9/9/20)
Age Range #Cases (cumulative count)
0-10 3
10-20 18
20-30 16
30-40 15
40-50 39
50-60 48
60-70 42
70-80 62
80-90 68
90-100 30
100-110 2
Total 343
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5
Lexington Confirmed Cases by Reported Race/Ethnicity (3/7/20 to 9/9/20)
Race/Ethnicity # Cases (cumulative count)
American Indian Alaskan Native 1
Asian 20
Black/African American 21
Other 40
Unknown 55
White 206
Total 343
Percentage Of Lexington Con-finnned Cases by
Race/Eth ire id-ty*
*Data from 3/7/20 9/9/20 ..........",....,American Indian
Alaskan Native
......................... 0%
Black African
American
6%
Other
12%
Total Cases=343
6
Changes over last 14 days (8/26/20—9/9/2020)
On 7/15/20, the Massachusetts Department of Public Health(MDPH)has updated their
City/Town reports to reflect percent changes over the past 14 days only, rather than total
cumulative standardized rates. Data reported below compare Lexington confirmed cases (PCR
results) to 8 geographically adjacent communities.
Average daily incidence rate per 100,000 over the last 14 days (8/26/20—9/9/20)
Ilililuu .II
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Waltham 0.37% 38 4.1 12656 47
Bedford 0.91% 5 772 7
Woburn 1.04% 20 2124 22
Lexington 0.40% 6 1738 7
Burlington 0.53% 5 1133 6
Belmont 0.12% <5 0.5 1709 2
Arlington 0.60% 15 2843 17
Winchester 0.27% <5 1.3 1485 4
Lincoln 0.30% <5 0,81 1 331 1
Number ber 0f COVID-19 ...1.. 15 (IPCI ) !!in the I,,,,, 51 14 Days*
*8/26/20...9/9/20
1..4000
1..2000
10000
"8000
6000
4000
2000
0
WaIdiaarn Arlington a 01.)ui~n 13elnrunt I...exington Winchester Burlington I:ie dforcd I...incoln
7
IlNumbeir of Cases ...I es with Confirmed Positive Result 'fair COVK) 19 in
the II....ast ,14. II:) s'
*8/26/20 9/9/20
so
45
40
3!.
30
2.3
1.0
15
10
r
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I...lnc;c lri 1:3e:°Imc rlt. Winchester 13aarlin,toll Bedford I...exingtarn Arlington Woburn Waltham
Percentage o'f Cases I ested with Positive IResullts -for IID-.l..
*8/26/20...9/9/20
12%
1.0%
10%
0.9%
0.8%
0.6%
0.6% 0.5%
0 0.4%
0./b% 0.4/m
0.3% 0.3%
0.2% 0.1%
l3elm ont Wfnc;hr:ster I...incoln V1 altharrl I...exington II:uldingtorl Arlington Bedford 'WV oLn'si~il
8
Discussion of Data and Lexington Office of Public Health COVID-19 Activities:
There was no new confirmed COVID-19 cases in Lexington this past week. In addition, there
were 0 new probable cases this week. At this time there are a total of 4 active cases in Lexington
that are in isolation until recovery. There have been no fatalities this week.
Over the past 14 days, MDPH reported 1738 Lexington residents have been tested for COVID-
19 with analysis by PCR. Of those residents tested, the state reported less than 7 individuals
(0.40%) were confirmed positive. To better inform local decision making, the state has
released an interactive color coded map with standardized daily incidence rates averaged
over the previous 14 days. The map can be found at the following link:
�v v.rn ...;crv�an_�cr.:-efl�t try /eaarrrirrrtasarnty lwy � ova.df, 1 dat re. Epp rt'nY. Standardized rates (per
100,000) for Lexington and the 8 communities geographically adjacent to Lexington have
been added to the table on page 7 of this report.
Long Term Care Facilities and Assisted Living Facilities
On June 30, MPDH released a new testing surveillance plan for LTCF. From July 1 through July
19`h, LTCF will need to test all previously negative or previously untested staff to establish a
baseline.
• If there are no positive staff found in the initial baseline testing, the LTCF will need to
perform staff testing every two weeks (either a representative sample of 30% of staff, or
100% of staff, depending on current regional disease data).
• If the initial baseline testing reveals one or more positive staff, testing of all staff will
occur weekly_until there are no new positive staff for two consecutive weeks. LTCF will
also conduct one-time retesting of all previously negative residents to identify any new
resident cases and to assist in proper cohorting. After weekly testing of all staff reveals no
new positive staff for two consecutive weeks, staff testing will revert to once every two
weeks. Again, whether all staff or a representative sample of staff will be tested will be
dependent on regional disease data. Please see attached memo for more information
On July 301h, MDPH released further guidance allowing for enhanced visitation for family
members under specific circumstances, and on August 17th MDPH further clarified their LTCF
surveillance testing program.
CareOne Lexington:
• Total # of positive resident cases (cumulative, including fatalities): 75
• Total # of suspect or confirmed fatalities (included in the number above): 24
• Current resident census (as of 9/9/20): 106— 1 of 4 units has been designated as a
quarantine unit(9 current patients)
9
• Staff- 35 staff have tested(+) and completed their isolation period
• No current staffing needs; no critical PPE needs
• CareOne is quarantining all new admissions and testing these residents on day 3 post-
admission and again between days 10 and 14 post-admission
Pine Knoll:
• Total # of positive resident cases (cumulative, including fatalities): 52
• Total# of fatalities (included in the number above): 16
• Current resident census (as of 9/8/20): 66—there is 2 resident currently in quarantine
• Staff- At this time there have been 19 staff test (+) out of total of approximately 85 total
staff, all positive staff have completed their isolation periods
• Pine Knoll completed their third MDPH infection control audit on 6/19/20 and received a
28 out of 28 score
• Pine Knoll has nearly 2 months' supply of PPE on hand and recently created a new PPE
storage area in their facility
Brookhaven:
• Total#of positive resident cases (cumulative, including fatalities): 11
• Total#of fatalities (included in the number above): 3
• Current resident census (as of 9/9/20): 392 - across Skilled Nursing (9), Assisted Care
(29) and Independent Living (354)
• Staff- 16 staff have tested(+); all but 1 staff have completed their isolation periods at this
time
• In August, Brookhaven removed 37 Skilled Nursing beds permanently, (previously 49
total beds, now 12 total SNF beds) and increased total Assisted Care units from 19 units
to 49 units
Youville Place:
• Total# of positive resident cases (cumulative, including fatalities): 21
• Total # of fatalities (included in the number above): 1
10
• Current resident census (as of 9/9/20): 78 - across traditional assisted living (56) and a
memory care unit(22)
• Staff- 11 staff have tested (+) of 61 staff, all have completed their isolation periods
Artis Senior Living:
• Total # of positive resident cases (cumulative, including fatalities): 0
• Total # of fatalities (included in the number above): 0
• Current resident census (as of 9/7/20): 24 (utilizing 2 of 4 units—Artis is exclusively
`memory care')
• Staff- 4 staff have tested negative as a result of community or household exposures
11
The Commonwealth of Massachusetts
N w Executive Office of Health and Human Services
d Department of Public Health
O,,M SV9
.�� Bureau of Health Care Safety and Quality
67 Forest Street, Marlborough, MA 01752
MARYLOU SUDDERS
CHARLES D.BAKER Secretary
Governor MONICA BHAREL,MD,MPH
KARYN E.POLITO Commissioner
Lieutenant Governor
Tel:617-624-6000
Memorandum www.mass.gov/dph
TO: Long-Term Care Facilities
FROM: Elizabeth Daake Kelley,MPH,MBA,Director
Bureau of Health Care Safety and Quality
SUBJECT: July Update to Caring for Long-Term Care Residents during the COVID-19 Emergency
DATE: July 30,2020
The Massachusetts Department of Public Health(DPH)recognizes that providing care for individuals seeking
treatment for Coronavirus Disease 2019(COVID-19)may prove to be especially challenging for health care
practitioners and facilities. As part of ongoing statewide preparations and to address the increase in COVID-19
cases,DPH is issuing this memorandum to long-term care facilities with updated recommendations for admitting
residents and caring for residents with presumed or confirmed COVID-19 to help mitigate the spread of COVTD-19.
All rest homes and nursing homes must be prepared to care for COVID-19 positive residents. Residents infected
with COVID-19 may vary in severity from lack of symptoms to mild or severe symptoms. Symptoms may be mild
and not require transfer to a hospital. All facilities are expected to follow the infection prevention and control
practices recommended by DPH and the Centers for Disease Control and Prevention(CDC).
The following recommendations are consistent with Centers for Medicare and Medicaid Services (CMS)guidance
released on April 2,2020,which can be found here https.//wwva:,cros...xov/fiIlesld�:pcumnent 1220 covid 19 long term
Screening of All Individuals
Long-term care facilities should be screening all individuals entering the facility, including healthcare personnel,for
symptoms on a daily basis. In accordance with previously issued guidance, every individual regardless of reason for
entering a long-term care facility should be asked about COVID-19 symptoms and must also have their temperature
checked by another individual.
Long-term care facility personnel must be screened for symptoms at the beginning of every shift.If long-term care
facility personnel were screened at the beginning of their shift and must then leave the facility and return during that
shift,the long-term care facility personnel do not need to be rescreened upon re-entry to the facility.
Residents should be asked about COVID-19 symptoms and must have their temperatures checked a minimum of
two times per day.
Use of Personal Protective Equipment(PPE)
Long-tenn care facilities should ensure all staff are using appropriate PPE when they are interacting with residents,
to the extent PPE is available and in alignment with DPH and CDC guidance on conservation of PPE. All long-term
care facility personnel should wear a facemask while they are in the facility.
12
Full PPE,including N95 respirator or, if not available, facemask, eye protection,gloves and gown, should be worn
per DPH and CDC guidelines for the care of any resident with known or suspected COVID-19 per CDC guidance on
conservation of PPE.If any residents admitted for longer than fourteen days or staff are confirmed to be COVID-19
positive within the past fourteen days,healthcare personnel should wear additional PPE for the care of all residents,
except COVID-19 recovered residents. Appendix A provides PPE guidance,based upon the resident's COVID-19
status.
When possible,all long-term care facility residents, whether they have COVID-19 symptoms or not, should cover
their noses and mouths any time they leave their room and when they are in their room and staff are present. Such
face coverings can include cloth and non-medical masks.
Staffing
DPH requires long-term care facilities to implement the following staffing recommendations to mitigate the risk of
transmission within facilities.
• Ensure all staff can recognize the signs and symptoms of COVID-19 and that a procedure is in place for
alerting the nurse responsible for the resident's care.
• Create separate staffing teams that are dedicated for residents that are COVID-I 9-positive.
• Exercise consistent assignments of staff to residents regardless of symptoms or COVID-19 status.This
practice can help with detection of emerging condition changes.
• As much as possible, staff should not work across units or floors.
• Minimize the number of staff caring for each resident.
• Limit staff s onsite work to only one facility,whenever possible.
Separation of COVID-19 Positive Residents
Long-term care facilities must separate residents who are COVID-19 positive from residents who do not have
COVID-19 or who have an unknown COVTD-19 status. Whenever possible, long-term care facilities must establish
a separate,dedicated wing or unit(hereafter"dedicated space")within the facility to care for COVTD-19 positive
residents.Facilities with dedicated COVID-19 space must be capable of maintaining strict infection control practices
and testing protocols.Facilities must make every effort to have separate staffing teams for COVID-I 9-positive and
COVID-19-negative residents
When possible,a long-term care facility should establish designated space,such as a room at the end of a unit or
hallway or a dedicated unit or wing within the facility to care for recovered residents who tested positive for
COVID-19,cared for in the dedicated space for fourteen days and are no longer exhibiting any symptoms of
COVID-19. Staff are no longer required to use full PPE, only facemasks,when caring for such recovered residents.
Updated Admissions
When a long-term care facility resident is transferred from a long-term care facility to a hospital for evaluation of
any condition,including but not limited to,COVID-19 care,each long-term care facility must accept the resident's
return to the facility when the resident no longer requires hospital level of care.
Long-term care facilities shall not condition admission or return to the facility on COVID-19 testing or COVID-19
test results. If a test is not performed before hospital discharge, the long-term care facility should test the resident
upon admission, if a test is available.
Awaiting the test results should not delay an individual's discharge from the hospital to the long-term care facility.
Newly admitted or readmitted residents to a long-term care facility should be quarantined in a private room or
dedicated quarantine space and monitored for symptoms of COVID-19 for fourteen days after admission to the
facility and should be cared for using all recommended COVID-19 PPE. If a resident receives a positive COVID-19
test result during the fourteen days of quarantine,the resident should be moved to a dedicated COVID-19 space.
13
Residents who are readmitted after less than 24 hours in a hospital do not need to be quarantined upon return.
NursinLy Homes with Dedicated COVID-19 Space
Whenever possible,hospitalized patients who are confirmed to be infected with COV1D-19 and require skilled
nursing level of care should be admitted to a facility with a dedicated COV1D-19 space.
DPH continues to work with state,federal and local partners on the outbreak of novel Coronavirus 2019(COVID-
19),caused by the virus SARS-CoV-2,and we continue to appreciate the essential role you have in responding to
this evolving situation.
DPH strongly encourages all nursing homes in Massachusetts to monitor the Centers for Medicare&Medicaid
Services(CMS)website and the Centers for Disease Control and Prevention(CDC)website for up-to-date
information and resources:
• CMS website:littp.;�//www c;!p�i..g.gy About CMS/Ag!rrncy Lglol natn�o-i/F',n1er �ncy/1 POLO/CLarrent....
1 mer enciey P
• CDC website:https://wwv� c .l:I Zgoroi avirus/2019 «cov/healthcare.ficilities/mdex..htmI
Additionally,please visit DPH's website that provides up-to-date information on COVID-19 in
Massachusetts: htt salvvvv,.�nass. ovl2®i9coronavirus.
14
Appendix A
Personal Protective Equipment Used When Providing Care to Residents in Long Term Care***
Resident Type Recommended PPE
COV1D Negative*Residents When there are Full PPE to include Facemask,Face Shield/Goggles,
resident**or staff case(s)identified within the last Gown and Gloves. Gown use can be prioritized for
14 days in the facility. high-contact resident care activities'. Gown and gloves
must be changed between residents.
COV1D Negative*Residents When no resident** Facemask and Face Shield/Goggles
or staff cases are identified within the last 14 days
in the facility.
COV1D••Recovered Residents (meet 14d/24h Facemasks only
threshold clearance)
CGV1D••Positive(or Suspected)Residents Full PPE to include N95 respirator or alternative
(Facemask is acceptable if N95 respirator not
available),Face Shield/Goggles,Gown and Gloves.
Quarantined Residents Full PPE to include N95 respirator or alternative
(Facemask is acceptable if N95 respirator not
(i.e.New admission or exposed to a confirmed available,or if resident not known to have exposure to
COV1D case) a confirmed COVID case),Face Shield/Goggles,
Gown and Gloves. Gown and gloves must be changed
between residents.
*"Negative"refers to a resident who has never tested positive.
**"Resident case"means a case that was acquired in the facility(i.e.not within 14 days of admission)
***Individuals infected or co-infected with a communicable disease(such as Clostridioides diicile)should be
cared for using appropriate PPE, changed between residents.
1 ht s://www.cdc.rov/coror�aviruas/2�)1�)•-rycov/hc /lon Y term••carc.html
15
Prioritizing owns for activities where splashes and sprays are anticipated(including aerosol-generating procedures)
and high-contact resident care activities that provide opportunities for transfer of pathogens to hands and clothing of
HCP,is recommended.
CDC provides these examples of high-contact resident care activities:
• Dressing
• Bathing/showering
• Transferring
• Providing hygiene
• Changing linens
• Changing briefs or assisting with toileting
• Device care or use: central line,urinary catheter,feeding tube,tracheostomy/ventilator
• Wound care: any skin opening requiring a dressing
htt125.://www.eds gov/hai/containment/P.I.F.-Nursing llorme html
..... ......... ......... .... ........
16
The Commonwealth of Massachusetts
Executive Office of Health and Human Services
,xF,x Department of Public Health
250 Washington Street
Boston, MA 02108
CHARLES D.BAKER Tel: (617) 983-6550 MARYLOU SUDDERS
Governor Fax: (617)983-6925 Secretary
KARYN E.POLITO www.mass.gov/dph MONICA BHAREL,MD,MPH
Lieutenant Governor Commissioner
To: Skilled Nursing Facilities, Rest Homes, Assisted Living Residences
From: Kevin Cranston, MDiv, Director, BIDLS
Elizabeth Daake Kelley, MPH, MBA, BHCSQ
Date: August 17, 2020
RE: Updates to Long Term Care Surveillance Testing
A. Overview
This memorandum applies to all long term care settings including nursing homes, rest homes and
assisted living residences (ALRs). Compliance with the testing program is required in nursing
homes and rest homes. Compliance with the testing program is recommended in ALRs.
B. New Baseline Staff Testing
To protect the health and safety of long term care residents and staff against the spread of
COVID-19 all long term care settings should conduct new baseline testing of staff no later than
July 19, 2020, and adopt a surveillance testing program based on the results of the baseline staff
testing, as outlined below.
This testing program may be updated as more is learned about the COVID-19 virus.
C. Surveillance Testing Program
1. No New Positive COVID-19 Cases from Baseline Staff Testing
If the new baseline testing results indicate there are no positive COVID-19 staff and the
regional transmission rate for the Emergency Medical Services (EMS)region in which the
long term care provider(hereafter"provider") is located is below 40 cases per 100,000
residents as a 7 day rolling average, the provider should conduct testing every two weeks on
30% of its staff. The staff to be included for testing should be a representative sample from
all shifts and varying staff positions. If the ongoing surveillance testing indicate there are
positive COVID-19 staff member(s), the provider should follow the surveillance testing
program outlined below for"New Positive COVID-19 Cases from Baseline Staff Testing"
beginning the next full week.
If the new baseline testing results indicate there are no positive COVID-19 staff and the
regional transmission rate for the EMS region in which the provider is located is at or above
40 cases per 100,000 residents as a 7 day rolling average, the provider should conduct testing
every 2 weeks on all of its staff. If the ongoing surveillance testing indicate there are positive
17
COVID-19 staff member(s), the provider should follow the surveillance testing program
outlined below for"New Positive COVID-19 Cases from Baseline Staff Testing" beginning
the next full week.
EMS regions may be found here: h.q. s://www.mass. ov/doc/neap of massachusetts erns
regions 0/clwnloade
Cases per 100,000 residents by EMS region are included in the weekly report that may be
found here: h.......tt s://www.masso>ov/info details/covid 19 res onse re ort.atn$#covid 19
s://www.mas
paiblic-health--rep()rt .
2. New Positive COVID-19 Cases from Baseline Staff Testing
If the new baseline staff testing results indicate there are positive COVID-19 staff
member(s), the provider should conduct weekly testing of all staff until the testing results in
no new positive COVID-19 staff for 14 days. Once testing results in no new positive
COVID-19 staff for 14 days, the provider should follow the surveillance testing program
outlined above for"No New Positive COVID-19 Cases from Baseline Staff Testing"
beginning the next full week.
Additionally, if the new baseline staff testing results indicate a positive COVID-staff
member(s) the provider should conduct one-time re-testing of all residents to ensure there are
no resident cases and to assist in proper cohorting of residents.
During surveillance testing, if a resident or staff tests positive for COVID-19 or exhibits
symptoms of COVID-19, the provider should test any resident or staff close contacts of the
positive or symptomatic resident or staff. For purposes of this memorandum, close contact is
defined as being within 6 feet of someone who has COVID-19, for at 10-15 minutes, while they
were symptomatic or within the 48 hours before symptom onset or, if asymptomatic, the 48
hours before the test was completed to the 10 days after the test was completed. Symptoms of
COVID-19 include fever or chills, cough, shortness of breath or difficulty breathing, fatigue,
muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny
nose, nausea or vomiting, or diarrhea.
D. Previously Positive Individuals Cleared from Isolation:
Individuals previously diagnosed with COVID-19 infection confirmed by molecular diagnostic testing may continue
to have PCR detection of viral RNA for several weeks. This does not correlate with the presence or transmissibility
of live virus.
Accordingly,for the purposes of the surveillance testing program, recovered or previously COVID-
19 positive residents and staff do not need to be re-tested; however, it is clinically recommended
for individuals previously diagnosed with COVID-19 to be retested under the following
circumstances:
i. Individuals who were previously diagnosed with COVID-19, and who develop clinically
compatible symptoms, should be retested if they are more than 6 weeks past their release
from isolation. If viral RNA is detected by PCR testing, the patient should be isolated and
considered to be re-infected .
ii. Individuals who were previously diagnosed with COVID-19 and who are identified as a
close contact of a confirmed case should be retested and subject to quarantine if they are
more than 90 days from their release from isolation.
E. Staff Definition:
18
For purposes of conducting baseline testing and implementing a surveillance testing program
and, in accordance with CMS and CDC guidance, long term care staff includes all persons,paid
or unpaid, working or volunteering at the long term care setting's physical location and with
whom the facility has a contractual agreement or relationship, who have the potential for
exposure to residents or to infectious materials, including body substances, contaminated
medical supplies and equipment, contaminated environmental surfaces, or contaminated air.
Staff includes, but is not limited to,physicians, nurses,nursing assistants, therapists, technicians,
dental personnel, pharmacists, laboratory personnel, autopsy personnel, students and trainees,
contractual personnel, and persons not directly involved in resident care (such as clerical, dietary,
house-keeping, laundry, security, maintenance or billing staff, chaplains, and volunteers)but
potentially exposed to infectious agents that can be transmitted to and from staff and residents.
For the purposes of a long term care provider's surveillance testing program, staff does not
include persons who work entirely remotely or off-site, employees on leave, such as paid family
medical leave, or staffing provided at the Commonwealth's expense (such as those provided by
EOHHS through a clinical rapid response team or the Massachusetts National Guard). Any
testing completed by the provider should capture required Department of Public Health
information about each staff person including but not limited to gender, age, race, ethnicity,
primary city/town of residence, disability, primary language and occupation.
For the purposes of a provider's surveillance testing program, a"week" means from 7:00 AM
Thursday morning through 6:59 AM the following Thursday morning.
Long term care providers in Massachusetts are encouraged to monitor the CMS and CDC
website for up-to-date information and resources:
• CMS website: l�tt s://www.cros. Yov//bout CMS/A pene
..............
l.n m . /EPRO/Currm Current Eincencies a e
...................................................l...... ......• CDC website: hi s:/
/www.ede.szov/coronavirus/2019.ede.szov/coronavirus/2019 ncov/healthcare
...........
flacifities/index.html
i
.....................................................................................................
Additionally,please visit DPH's website that provides up-to-date information on COVID-19 in
Massachusetts: ahps://www.mass. ov/2019coronavi�us.
19
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Update on Next Steps for Social Racial Equity Initiatives
PRESENTER: ITEM
NUMBER:
Jill Hai, Select Board Member& Jim
Malloy, Town Manager I.4
SUMMARY:
As the Board is aware, we have arranged for a facilitated, virtual community conversation for September 29 at
7 PM. Melissa Patrick of Equity and Expectations out of Natick. Ms. Patrick recently facilitated a succesful
similar community conversation in Natick. We are coordinating closely with the Human Rights Committee and
Police Department and will hold an internal prep meeting with facilitator on September 15.
Once the community conversation takes place, we'll be in a better position to determine how to move forward
and whether the National League of Cities REAL program is the appropriate direction or if we should be
moving in a different direction.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020 7:10pm
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review Letter to the Massachusetts Department of Environmental Protection(DEP)
Regarding Solid Waste Master Plan
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.5
SUMMARY:
Attached please find a letter that is a compromise(drafted by the Town Manager with assistance from the
Sustainability Director)based on the comments from the Sustainable Lexington Committee and from the
Superintendent of Environmental Services. The letter has been forwarded the letter to both so that they can
address the Select Board
SUGGESTED MOTION:
This doesn't require a vote of the Select Board, it should simply require a consensus of the Board. If there are
changes in the attached the Board wishes to make, they can be made after the Select Board meeting and sent
in timely for the deadline date.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020 7:30pm
ATTACHMENTS:
Description Type
Finu;a(Draft ICun to I`aaG,hDE' Gwer Memo
���b.0.d'1 tli fiXV,ry�
Town of Lexington
Town Manager's Office
James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
September 15, 2020
Massachusetts Department of Environmental Protection
Attn: John Fischer
1 Winter Street
Boston, MA 02108.
Dear Mr. Fischer:
The Town of Lexington would like to thank the Massachusetts of Environmental Protection
(MassDEP) for extending the public comment period for the MassDEP Draft 2030 Solid Waste Master
Plan (SWMP). We appreciate the opportunity to provide these comments about the draft 2030
Massachusetts Solid Waste Master Plan update. In Lexington, the Department of Public Works (DPW)
is responsible for planning, budgeting and implementing our solid waste and recycling related
programs. With our nationally recognized yard waste composting program and Minuteman Regional
Household Hazardous Waste facility, we have been a municipal leader in helping to reduce waste and
the toxicity of the waste stream.
It is clear that the state policies and overall market conditions generated from previous Solid Waste
Master Plans have left our communities in an untenable position. Events in Lexington over the past
few years are a good indicator of the types of challenges Massachusetts communities are facing. The
bottom line is that in order to comply with state solid waste and recycling regulations, significant
resources have been shifted away from other town services. For example, in FY2019 the Town saw a
$250,000 increase in recycling disposal costs from the previous year.
The Town would like to submit the following comments. There are four major points that the Town
believes need more emphasis on and more ambitious goals for, in the 2030 SWMP.
1. The Commonwealth's recycling system is in trouble and the costs are increasing: While this is
briefly acknowledged in the 2030 SWMP, it should be explained in more detail. In the last few
years, ever higher volumes of cheap, hard-to-recycle packaging and single-use plastics poured into
all communities and a significant portion of`recycling' was shipped to places in Southeast Asia,
which are no longer accepting contaminated recycling from the U.S. These events exposed that
most of Massachusetts residents' recycling wasn't being recycled due to lack of infrastructure and
municipalities were left to pay higher costs for it. These increased costs paid by local governments
are in effect subsidies to the producers of hard-to-manage or hazardous products, including
products that are designed for quick disposal/single-use.
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
The Town of Lexington generated nearly 8,900 tons of trash in 2008 and has steadily reduced its
annual trash tonnage to less than 8,400 tons in 2020. For the same period, total collection and
disposal costs for refuse increased 30% from $170 to $220 per household. The trash disposal tip
fee increased from $68 per ton in 2008 to about $70 per ton in 2020. However, these fees (at the
WTI incinerator in N. Andover) will be $78 per ton starting in 2021 and increase to nearly$89 per
ton by 2025. Lexington's recycle tonnage has declined from 5,270 tons in 2008 to 3,851 tons in
2020. This 27% decline in recycle tonnage is due mainly to the removal of newspapers and light-
weighting of containers in the curbside mix of recyclables. Collection and processing of
recyclables has increased from $49 per household in 2008 to $85 per household in 2020. What is
most concerning is that there will be a 1.4 to 2.4 million ton loss of in-state refuse disposal capacity
in the Commonwealth projected in 2025.
The Town of Lexington urges MassDEP to work with the Massachusetts Legislature and other
stakeholders to take timely action to promote a circular economy in Massachusetts to manage
excess packaging, single-use products,products designed for disposal, and hazardous products. A
circular economy can be achieved by enacting product-specific and framework legislation, which
lead to well-defined policies, to have producers share in the responsibility for product end-of-life
waste management costs, including recovery infrastructure development (also known as Extended
Producer Responsibility, EPR). While the 2030 SWMP currently identifies products such as paint,
mattresses and electronics for targeted EPR policy development, it should also prioritize single-use
plastics for EPR policy development, as well as re-establishment of a regional glass processor.
Examples of framework legislation/policy include strengthening the Massachusetts Bottle Bill and
bills currently under consideration, such as H.750 , which will shift rising costs from
municipalities, improve recovery(source separation) infrastructure and give producers the
incentive to design products, including single-use plastics, to make them easier to reuse, easier to
recycle, and make them less toxic. MassDEP can and should center these urgently needed policies
in the 2030 SWMP.
2. Ban Food Waste from Landfills and Incinerators: Food/organic waste is the largest component
(almost 1/3 by weight) of the trash/waste stream. This organic waste has significant value in
creating nutrient-rich, resilient soil for local agriculture and gardens, greatly reducing the need for
the use of petroleum-based pesticides and herbicides. Not only is that value wasted when organic
waste is disposed of in landfills and incinerators, but its existence in these waste streams can cause
even greater environmental damage, by requiring additional fuel burning in incinerators and
enabling toxics to more easily leach from landfills.
Building on MassDEP's nation-leading strategies to reduce food waste over the last five years, it
should work to increase the goal of 50% diversion of food waste. MassDEP should build into the
2030 SWMP more support for municipalities to make this transition and for food waste processors
to scale the industry, thereby keeping costs at or below the projected increases of general waste
hauling and disposal.
3. Protections for Environmental Justice Communities: It is extremely important that MassDEP and
the 2030 SWMP recognize the burden of waste disposal in Environmental Justice (EJ)
communities, that is, Black, Indigenous and other communities of color and poor communities. A
majority of Massachusetts waste is burned in incinerators, and six out of seven of those incinerators
are in Environmental Justice communities, including the incinerator where Lexington's trash is
disposed. The pollution from these "Waste-to-Energy" incinerators are as bad as that from coal-
fired power plants, contributes to some of the worst air quality in the Commonwealth, and is
disproportionately negatively affecting the health of these communities. These negative health
effects are now being linked to increased susceptibility to, and worse outcomes from, COVID-19,
making matters even worse for these communities.
While the Town of Lexington can try to alleviate some of these ill effects by significantly reducing
the waste the Town sends to the incinerator, state-level policies are needed to create better
alternatives for the waste that is left. In addition to promoting the reduction of waste overall AND
diverting food waste from incinerators and landfills, MassDEP should make plans in the 2030
SWMP to prioritize phasing out these pollution-emitting disposal facilities and demand safer
operations and emission standards while they remain in service.
4. Plan for effects of COVID-19 pandemic: Responding to the COVID-19 pandemic is putting even
more pressure on municipal budgets, all during this time of increased disposal costs previously
referenced. In addition, it's unclear what any decrease of reusable products (bags, food ware,
packaging, etc.) and increase of single-use/disposable products (PPE, bags, food ware,packaging,
etc.) will have on the volume and makeup of the Commonwealth's waste streams as a result of the
pandemic. Nor is it clear how long these effects might last.
The 2030 SWMP should dedicate specific resources to analyze and report specific changes in waste
streams and develop forward-thinking solutions for the possible negative effects of the COVID-19
pandemic on the Commonwealth's waste streams.
The Town of Lexington appreciates the ongoing work of the MassDEP to reduce solid waste, reduce
the negative impact of waste disposal, and improve the health and well-being of the citizens of
Massachusetts. The Town hopes that the comments provided serve to improve that work and improve
the 2030 SWMP. The Town understands that some recommendations may be beyond the capacity or
authority of MassDEP and hopes that MassDEP would share these comments with the Massachusetts
legislature in order to emphasize the need for cooperation and legislative action.
Sincerely,
James J. Malloy
Town Manager
Cc: Lexington Select Board
Stella Carr, Lexington Sustainability Director
Sustainable Lexington Committee
David Pinsonneault, Lexington DPW Director
Robert Beaudoin, Lexington Superintendent of Environmental Services
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discuss Fossil Fuels and Natural Gas
PRESENTER: ITEM
NUMBER:
Joe Pato, Select Board Member
I.6
SUMMARY:
Discuss the AG letter/decision(attached) on the Brookline Bylaw that sought to eliminate the use of natural gas
and whether the Select Board is interested in joining other communities seeking to have the DPU and the
legislature develop a natural gas transition plan.
The AG's decision rejected Brookline's Bylaw on technical grounds but supported the policy direction. The
AG simultaneously petitioned the DPU(attached)to investigate a natural gas transition plan.
The AG's request includes two phases of work:
1) Local Distribution Companies would be directed to submit detailed economic analyses and business plans
depicting future gas demand in a carbon-constrained economy, as well as probable revenues, expenses, and
investments. They are also to address challenges posed by a substantially decarbonized economy and ideas for
near and far-teim future solutions to those challenges as the Commonwealth transitions its heating sector away
from fossil fuels.
2) Exploration of regulatory, legislative, and policy initiatives required to support the Commonwealth's climate
policy and actions, mitigate unnecessary investment in gas distribution assets, and protect ratepayers from
increasing gas distribution costs.
Preliminary informal discussions on collaborative recommendations from area communities have been held.
Action Requested:Vote or consensus to continue collaborative regional efforts and to submit a letter of
support of the AG's request to the DPU.
SUGGESTED MOTION:
To continue working with other area communities on this issue and to submit a letter in support of the AG's
request to the DPU.
FOLLOW-UP:
Town Manager to submit a letter supporting the AG's request to the DPU.
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020 7:45pm
ATTACHMENTS:
Description Type
AG It to DIIIJ I.I.NaV up[1btac rml
THE COMMONWEALTH OF MASSACHUSETTS
r7 OFFICE OF THE ATTORNEY GENERAL
o b
" CENTRAL MASSACHUSETTS DIVISION
z
10 MECHANIC STREET, SUITE 301
MAURA HEALEY WORCESTER, MA 01608
ATTORNEY GENERAL (508)792-760 f
(508)795-1991 fax
www.mass.gov/ago
July 21, 2020
Patrick J. Ward, Town Clerk
Linda Goldburgh, Assistant Town Clerk
Town of Brookline
333 Washington Street
Brookline, MA 02445
Re: Brookline Special Town Meeting of November 19, 2019 -- Case# 9725
Warrant Article#21 (General)'
Dear Mr. Ward and Ms. Goldburgh:
In this Case we must determine whether a Brookline by-law prohibiting any permits for
construction of certain buildings with fossil fuel infrastructure (Article 21 of the Brookline Special
Town Meeting of November 19, 2019) conflicts with the laws or Constitution of the Commonwealth.
Because the State Building Code, the Gas Code, and G.L. c. 164 occupy the field of regulation and
preempt local by-laws in their respective fields, we must disapprove the by-law.
If we were permitted to base our determination on policy considerations, we would approve
the by-law. Much of the work of this Office reflects the Attorney General's commitment to reducing
greenhouse gas emissions and other dangerous pollution from fossil fuels, in the Commonwealth and
beyond. 2 The Brookline by-law is clearly consistent with this policy goal. During our review of the
' In a decision issued July 17, 2020 we approved the remaining Articles from Case#9725.
2 For example, citing the threats of dangerous climate change to the Commonwealth, the Attorney
General has filed and joined legal actions seeking to compel the U.S. Environmental Protection
Administration to secure greater reductions of greenhouse gas emissions from the electric power, oil
and gas, and transportation sectors. As the state's ratepayer advocate, the Attorney General has
advanced the transition of the Commonwealth's electricity supply to renewable,non-carbon emitting
sources of electric generation and the electrification of the heating sector. In 2016,the Office opposed
attempts by the state's electric utilities to contract for gas pipeline capacity to anchor the construction
of an unnecessary new interstate gas pipeline. See NSTAR Electric Company and Western
Massachusetts Electric Company d1b/a Eversource Energy, D.P.U. 15-181; Massachusetts Electric
Company d1h1a National Grid, D.P.U. 16-05/ 16-07. Most recently, the Attorney General petitioned
the Department of Public Utilities to investigate and plan for an energy future that includes an
electrified heating sector (see Petition of Attorney General to Investigate Local Gas Distribution
Companies,D.P.U.20-80)and executed a settlement agreement that requires Eversource Gas to study
and report on the steps necessary for gas distribution companies to comply with the emission
1
by-law we received numerous letters from interested parties urging our approval of the by-law for
both policy and legal reasons. We appreciate this input as it has demonstrated the importance of the
environmental policy goal that prompted the Town to adopt the by-law. 3
However, in carrying out her statutory obligation of by-law review under G.L. c. 40, § 32,the
Attorney General is precluded from taking policy issues into account. Amherst v. Attorney General,
398 Mass. 793, 798-99 (1986) ("Neither we nor the Attorney General may comment on the wisdom
of the town's by-law."). Pursuant to G.L. c. 40, § 32, the Attorney General's by-law review is limited
in scope to determining whether the by-law conflicts with the laws or Constitution of the
Commonwealth. If it does conflict, the Attorney General must disapprove the by-law, regardless of
the policy views that she may hold on the matter. Id.
Under this standard we must disapprove the by-law adopted under Article 21 because it
conflicts with the laws of the Commonwealth in three ways:
1. The by-law is preempted by the State Building Code, which establishes comprehensive
statewide standards for building construction and is "intended to occupy the field of building
regulation." St. George Greek Orthodox Cathedral of Western Massachusetts, Inc. v. Fire
Dep't of Sprin fg ield, 462 Mass. 120, 130 n. 14 (2012);
2. The by-law is preempted by the Gas Code and G.L. c. 142, §13 in that it creates a new reason
to deny a gas permit and would "allow a locality to impose additional requirements and
second-guess the determination of the State [Plumbing]board." St. George, 462 Mass. at 128;
and
3. The by-law is preempted by G.L. c. 164 through which the Massachusetts Department of
Public Utilities (DPU) comprehensively regulates the sale and distribution of natural gas in
the Commonwealth. See Boston Gas Co. v. City of Somerville, 420 Mass. 702, 706 (1995)
("[T]he [city] cannot use its limited authority to enact an ordinance which has the practical
effect of frustrating the fundamental State policy of ensuring uniform and efficient utility
services to the public.") (emphasis added).
In this decision we briefly describe the by-law; discuss the Attorney General's limited
standard of review of town by-laws under G.L. c. 40, § 32; and then explain why, governed as we are
by that standard, we must disapprove the by-law adopted under Article 21. 4
reduction mandates of the Global Warming Solutions Act (see Joint Petition of Eversource Energy,
NiSource Inc., and Bay State Gas Company d/b/a Columbia Gas of Massachusetts, D.P.U, 20-59).
We appreciate the letters we received from, among others, Town Counsel Joslin Murphy and
Jonathan Simpson on behalf of the Town; Attorney Raymond Miyares on behalf of the petitioners;
Attorney Sarah Krame on behalf of The Sierra Club; Attorney Aladdine D. Joroff on behalf of
Mothers Out Front Massachusetts and others; and Attorney Alyssa Rayman-Read on behalf of the
Conservation Law Foundation.
4 As we have done in the past, our Office conferred with certain petitioners and opponents at their
request regarding procedural matters in connection with the by-law. As is our practice, at no time did
we offer an opinion as to the viability of the by-law or whether we would approve it.
2
I. Summary of Article 21
Under Article 21 the Town voted to adopt a new general by-law, 8.39 "Prohibition on New
Fossil Fuel Infrastructure in Major Construction." The by-law establishes that "no permits shall be
issued by the Town for the construction of New Buildings or Significant Rehabilitations that include
the installation of new On-Site Fossil Fuel Infrastructure"with certain exceptions outlined in the by-
law.
The by-law defines "On-Site Fossil Fuel Infrastructure" as:
[F]uel gas or fuel oil piping that is in a building, in connection with a building, or
otherwise within the property lines of premises, extending from a supply tank or from
the point of delivery behind a gas meter(customer-side of gas meter).
(Section 8.40.2, Definitions). The term"permits"is not defined but the by-law applies broadly to "to
all permit applications for New Buildings and Significant Rehabilitations proposed to be located in
whole or in part within the Town," with certain exemptions as listed in the by-law (Section 8.40.3
Applicability).
The by-law includes a process by which applicants may request a waiver on the grounds of
"financial infeasibility" or "impracticability of implementation." (Section 8.40.5, Waivers). The by-
law directs the Selectboard to establish a"Sustainability Review Board," comprised of at least three
members representing expertise in affordable housing, commercial development, architecture etc., to
review and decide on waiver applications. (Sections 8.40.2, Definitions and 8.40.5, Waivers). The
by-law also establishes an appeal process for denial of a building permit: "An appeal may be sought
from the SRB following a denial of a building permit." (Section 8.40.6 Appeals).
II. Attorney General's Standard of Review and Preemption
Pursuant to G.L. c. 40, § 32, the Attorney General has a "limited power of disapproval," and
"[i]t is fundamental that every presumption is to be made in favor of the validity of municipal by-
laws." Amherst v. Attorney General, 398 Mass. 793, 795-96 (1986). The Attorney General does not
review the policy arguments for or against the enactment. Id. at 798-99(`Neither we nor the Attorney
General may comment on the wisdom of the town's by-law.") Rather, in order to disapprove a by-
law(or any portion thereof),the Attorney General must cite an inconsistency between the by-law and
the state Constitution or laws. Id. at 796. Where the Legislature intended to preempt the field on a
topic, a municipal by-law on that topic is invalid and must be disapproved. Wendell v. Attorney
General, 394 Mass. 518, 524 (1985).
In determining whether a by-law is inconsistent with a state statute, the "question is not
whether the Legislature intended to grant authority to municipalities to act...but rather whether the
Legislature intended to deny [a municipality] the right to legislate on the subject [in question]."
Wendell, 394 Mass. at 524 (1985). "This intent can be either express or inferred." St. George, 462
Mass. at 125-26.Local action is precluded in three instances,paralleling the three categories of federal
preemption: (1)where the"Legislature has made an explicit indication of its intention in this respect";
(2)where"the State legislative purpose can[not] be achieved in the face of a local by-law on the same
subject"; and (3) where "legislation on a subject is so comprehensive that an inference would be
3
justified that the Legislature intended to preempt the field." Wendell, 394 Mass. at 524. "The
existence of legislation on a subject, however, is not necessarily a bar to the enactment of local
ordinances and by-laws exercising powers or functions with respect to the same subject[, if] the State
legislative purpose can be achieved in the face of a local ordinance or by-law on the same subject[.]"
Bloom v. Worcester, 363 Mass. 136, 156 (1973); see Wendell, 394 Mass. at 527-28 ("It is not the
comprehensiveness of legislation alone that makes local regulation inconsistent with a statute. . . .
The question . . . is whether the local enactment will clearly frustrate a statutory purpose.").
III. The By-law is Preempted Because it Conflicts with Three Uniform Statewide
Regulatory Schemes
The Supreme Judicial Court has frequently held that in determining whether a statute
"impliedly preclude[s] regulation by municipalities," a court must examine "whether there is a need
for uniformity in the subject of the legislation." Golden v. Selectmen of Falmouth, 358 Mass. 519,
524 (1970). Where there is "importance in uniformity in the law to govern the administration of the
subject[, a] statute of that nature displays on its face an intent to supersede local and special laws and
to repeal inconsistent special statutes." McDonald v. Justices of the Superior Court, 299 Mass. 321
(1938)(discussing statute imposing uniform statewide regulation of alcoholic beverage sales). Where
a state statutory scheme demonstrates an intention to create a uniform statewide regulatory system,
municipal enactments in the area are invalid.
Brookline's by-law implicates three statutory schemes that preempt local regulation: G.L. c.
143, § 95(c) (creating the State Building Code); G.L. c. 142, §13 (charging the Plumbing Board with
administration of the Gas Code regulating "gas fitting in buildings throughout the commonwealth");
and G.L. c. 164 (through which the DPU comprehensively regulates the sale and distribution of
natural gas in the Commonwealth).
A. The By-law is Preempted Because it Interferes with the Express Statutory Goal of Uniformity
in the State Building Code.
General Laws G.L. c. 143, § 95(c) expressly states a goal of uniformity with which the by-
law interferes. In addition, the state Board of Building Regulations and Standards (`BBRS") has
exercised its statutory authority to prescribe the process for issuance and denial of permits, and the
process for waivers and appeals from building officials' decisions. The by-law here purports to create
a new basis for denial of permits, and a new waiver and appeal process, all of which conflict with the
Building Code and state law.
1. State Building Code and Board of Building Regulations and Standards.
The BBRS is established by G.L. c. 143, § 93, and charged with adopting and regularly
updating the Building Code. Id. § 94(a), (c,) (h). The BBRS must administer the Building Code so
as to further three "general objectives," the first of which is: "Uniform standards and requirements
for construction and construction materials, compatible with accepted standards of engineering and
fire prevention practices, energy conservation and public safety." Id. § 95(a) (emphasis added). "In
authorizing the development of the [C]ode,the Legislature has expressly stated its intention: to ensure
`[u]nfform standards and requirements for construction and construction materials." St. George, 462
Mass. at 126 (citing G.L. c. 143, § 95(c).). As such, the Legislature established the Building Code as
the one state-wide building code and rejected the premise of each municipality having its own
4
requirements. "All by-laws and ordinances of cities and towns...in conflict with the state building
code shall cease to be effective on January [1, 1975]." St. 1972, c. 802, § 75 as appearing in St. 1975,
c. 144, § 1. Based on this express legislative goal of uniformity, and the abolition of local by-law
requirements, the St. George court found "the Legislature [had] demonstrate[d] its express intention
to preempt local action."Id. at 129.
The Building Code has broad application regarding building construction, including (most
relevant here) the issuance of building and occupancy permits:
780 CMR, and other referenced specialized codes as applicable, shall apply to:
1. the construction, reconstruction, alteration, repair, demolition, removal,
inspection, issuance and revocation of permits or licenses, installation of equipment,
classification and definition of any building or structure and use or occupancy
buildings and structures or parts thereof...;
101.2 Scope (emphasis supplied).
It is the local building official who makes the determination whether a building or occupancy
permit application complies with the Building Code requirements and thus whether a permit should
issue:
104.2 Applications and Permits. The building official shall receive applications,
review construction documents and issue permits for the erection, and alteration,
demolition and moving of buildings and structures, inspect the premises for which
such permits have been issued and enforce compliance with the provisions of 780
CMR.
105.1 Required. It shall be unlawful to construct,reconstruct, alter,repair,remove or
demolish a building or structure; or to change the use or occupancy of a building or
structure; or to install or alter any equipment for which provision is made or the
installation of which is regulated by 780 CMR without first filing an application with
the building official and obtaining the required permit.
Further,the Building Code establishes the local building official as the decision-maker regarding any
requested waivers:
104.10 Modifications. Wherever there are practical difficulties involved in carrying
out the provisions of 780 CMR, the building official shall have the authority to grant
modifications for individual cases, upon application of the owner or owner's
representative, provided the building official shall first find that special individual
reason makes the strict letter of 780 CMR impractical and the modification is in
compliance with the intent and purpose of 780 CMR and that such modification does
not lessen health, accessibility, life and fire safety, or structural requirements.
Finally, the Legislature has designated the BBRS, sitting as the State Building Code Appeals
Board, as the entity to hear appeals from local and state enforcement officials' orders under and
interpretations of the Building Code. G.L. c. 143, § 100:
5
There shall be in the division of professional licensure a building code appeals board,
hereinafter called the appeals board, to consist of the board established under the
provisions of section ninety-three.
Whoever is aggrieved by an interpretation, order, requirement, direction or failure to
act by any state or local agency or any person or state or local agency charged with the
administration or enforcement of the state building code or any of its rules and
regulations, except any specialized codes as described in section ninety-six, may
within forty-five days after the service of notice thereof appeal from such
interpretation, order, requirement, direction, or failure to act to the appeals board.
2. G.L. c. 143, §95(c)'s Stated Intention of Uniform Standards Preempts Additional Local
Requirements.
Where(as here) a statute authorizes a state agency to make a uniform statewide determination
of what products and practices should(as well as should not)be allowed, a local by-law imposing an
additional layer of regulation of the same subject is invalid. Wendell v. Attorney General, 394 Mass.
518 (1985). In Wendell, the statute established a "pesticide board" within the state Department of
Food and Agriculture and empowered a subcommittee of the board to"register"a pesticide for general
or restricted use if the subcommittee found that the pesticide met specific statutory criteria. Id. at
526, 528-29. In the face of this scheme, "[t]he Wendell by-law contemplate[d] the possibility of local
imposition of conditions on the use of a pesticide beyond those established on a Statewide basis under
the act." Id. at 528. The court held that"[a]n additional layer of regulation at the local level,in effect
second-guessing the subcommittee, would prevent the achievement of the identifiable statutory
purpose of having a centralized, Statewide determination [and] ...frustrate the purpose of the act."
Wendell, 394 Mass. at 529.
In determining that Springfield's ordinance was preempted by the Building Code, the St.
George court relied on the reasoning of the Wendell decision:
The same reasoning applies here. The Legislature intended to occupy the field by
promulgating comprehensive legislation and delegating further regulation to a State
board. The board's regulations, in turn, set a Statewide standard as to what products
and practices were permissible in a particular field, a process involving a discretionary
weighing of relevant factors, such as cost and safety. In response the local government
created an additional layer of regulation imposing requirements beyond those
contemplated by the board. There is no meaningful distinction between these cases,
and we reach the same conclusion here: the code preempts inconsistent local
regulations.
St. George, 462 Mass. at 133-134.
Just as in St. George and Wendell, it is ultimately the BBBRS -- not any city or town -- that
is charged with determining the process by which a building or occupancy permit is granted or
withheld.' Local ordinances and by-laws that second-guess the BBBRS' determination of when a
' As explained above, the initial determination is made by the local building official but any appeal
from that decision goes to the Board sitting as the State Building Code Appeals Board. G.L. c. 143,
6
permit should(or should not)be allowed would frustrate the statutory purpose of having a centralized,
statewide process for such matters. See Wendell, 394 Mass. at 529. The Town's attempt to second-
guess the BBRS, by prohibiting the issuance of a permit in a circumstance where the Building Code
does not prohibit a permit, and assigning the waiver and appeal decision to a town board instead of
the local building official and State Building Code Appeals Board, frustrates the purposes of§ 95 --
including the purpose of uniformity -- and is therefore invalid.6 As the St. George court stated in
rejecting Springfield's ordinance:
If all municipalities in the Commonwealth were allowed to enact similarly restrictive
ordinances and bylaws, a patchwork of building regulations would ensue...Allowing
the city's ordinance to stand would...sanction[ ] the development of different
applicable building codes in each of the Commonwealth's 351 cities and towns,
precisely the result that promulgation of the code was meant to foreclose.
St. George, 462 Mass. at 135.
The proponents and the Town err in arguing that the Town's additional layer of regulation is
authorized by cases like Lovequist v. Conservation Commission of Town of Dennis, 379 Mass. 7
(1979), which held that "[s]ince the language of the [challenged] by-law parallels that of the statute,
it appears plain that [the by-law] furthers rather than derogates from the legislative purpose embodied
in the Wetlands Protection Act." Id. at 15. That principle is inapposite here,because,as the Lovequist
court emphasized, "we have specifically held that [the Wetlands Protection Act] sets forth minimum
standards only, `leaving local communities free to adopt more stringent controls."' Id. (quoting
Golden v. Selectmen of Falmouth, 358 Mass. 519, 526 (1970)).
Essential to the Golden court's holding was its recognition that whether a statute preempted
local regulation depended in part on whether the statute demonstrated "a need for uniformity in the
subject,"id. at 524; and its conclusion that the Wetlands Protection"Act does not attempt to create a
uniform statutory scheme." Golden, 358 Mass. at 526 (emphasis added). Thus Golden and Lovequist
cannot be applied here, where the statute authorizing the State Building Code expressly makes
"[u]niform standards and requirements" a principal objective. G.L. c. 143, § 95(a).
§ 100.
6 Although G.L. c. 40A, § 7 and the Code (at Section 105.3.1) authorize the local building inspector
to withhold a building permit for non-compliance with local zoning by-laws or ordinances, they do
not authorize the withholding of a permit for non-compliance with a general (non-zoning) by-law
such as Brookline's.
To illustrate how the by-law undermines the Code's uniformity requirements: imagine one building
project in Newton and one building project in Brookline, each with the same proposed architectural
plans, construction and construction materials, and both proposing on-site fossil fuel infrastructure.
Assuming the projects complied with the Building Code (and local zoning requirements) in all other
respects, the Newton project would be entitled to a building permit, but the Brookline project would
not.
7
The proponents and the Town are correct that the Building Code does not directly regulate
fossil fuel infrastructure as defined in the by-law. However, the by-law's enforcement and
waiver/appeal mechanism-- withholding of a permit and waivers/appeals therefrom-- is directly and
comprehensively regulated by the Code. The BBRS asserts that "the Legislature has intended, by
M.G.L. c. 143, § 94, for the Building Code to govern the issuance of permits" [and] "a local ordinance
creating a new basis for denial of permits would conflict with the Building Code." (Letter from DPL
Office of Legal Counsel to Hurley,p. 4).8 As such, the by-law cannot stand.
It is true that, with the 2008 passage of the Global Warming Solutions Act ("GWSA") the
Legislature has also mandated economy-wide greenhouse gas emissions reductions, and the Supreme
Judicial Court has twice affirmed that the emission reduction limits of the GWSA are mandatory and
enforceable, Kain et al. v. Department of Environmental Protection, 474 Mass. 278 (2016); NEPGA
v. Department of Environmental Protection. 480 Mass. 398 (2018) (upholding power sector emission
limits). Indeed, in NEPGA, the court observed:
Its name bespeaks its ambitions. The Global Warming Solutions Act, St.2008, c.298
(act), was passed to address the grave threats that climate change poses to the health,
economy, and natural resources of the Commonwealth. The act is designed to make
Massachusetts a national, and even international, leader in the efforts to reduce the
greenhouse gas emissions that cause climate change.
Id. at 399 (internal citations omitted). While the by-law would further the purpose of the GWSA, it
would, nevertheless, frustrate other express statutory purposes, uniformity in the Building Code, Gas
Code and Chapter 164, and the by-law is thus invalid. See Take Five Vending, Ltd. v. Town of
Provincetown, 415 Mass. 741, 744 (1993) (stating general standards for determining whether statute
preempts local ordinance or by-law)); see also Boston Gas Company v.City of Somerville,420 Mass.
702, 705-06 (1995) (local ordinance in furtherance of a valid legislative delegation must nonetheless
yield to state superintendence if the ordinance has the practical effect of frustrating fundamental State
policy). During the unprecedented reality of climate disruption, the Town has acted in an exemplary
manner to attempt a bold step to tackle the problem locally. Yet,to the extent the Commonwealth has
not yet taken the necessary steps to ensure the state will achieve the 2050 net zero emissions limit,
the by-law proponents'remedy lies with the Legislature and the courts.
B. The By-law is Preempted Because it Interferes with the Express Statutory Goal of Uniformity
in the State Gas Code.
Just as with the State Building Code,the by-law is also preempted by the State Gas Code. The
Gas Code is comprehensive, uniform, and directly regulates the gas piping targeted by the Brookline
8 As does the court, "[w]e afford substantial deference to an agency's interpretation of a statute that
it is charged with administering."Boston Edison Co. v. Town of Bedford, 444 Mass. 775,783 (2005)
(internal citations and quotations omitted). Thus, where the BBRS, Plumbing Board (see pp. 16-19
below), and DPU all concur that the by-law is preempted by the statutes and regulations each Board
administers, those interpretations are entitled to great deference, particularly "[w]here, as here, the
case involves interpretation of a complex statutory and regulatory framework." MCI Telecomm.
Corp. v. Dep't of Telecomm. & Energy, 435 Mass. 144, 150-151 (2001) (internal quotations and
citations omitted).
8
by-law.The Gas Code regulates when a permit may be issued and the waiver/appeal process for denial
of a permit. Because the by-law creates an additional layer of regulation, a new ground for denial of
a permit, and a new waiver/appeal procedure, all not found in the Gas Code, the by-law interferes
with the express legislative goal of uniformity in the Gas Code.
1. The Fuel Gas Code and the Plumbing Board.
The Massachusetts Fuel Gas Code (Gas Code)is comprised of a series of regulations adopted
by the Board of State Examiners of Plumbers and Gas Fitters (Plumbing Board), specifically 248
CMR 4.00 through 8.00. The Gas Code's authorizing legislation is G.L. c. 142, §13 which charges
the Board with the duty to "alter, amend, and repeal rules and regulations relative to gas fitting in
buildings throughout the commonwealth."Id. Further said regulations "shall be reasonable,uniform,
based on generally accepted standards of engineering practice, and designed to prevent fire,
explosion, injury and death."Id. (emphasis added).
Chapter 142, Section 1 defines "gas fitting" as:
[A]ny work which includes the installation, alteration, and replacement of a piping
system beyond the gas meter outlet or regulator through which is conveyed or intended
to be conveyed fuel gas of any kind for power, refrigeration, heating or illuminating
purposes including the connection therewith and testing of gas fixtures, ranges,
refrigerators, stoves, water heaters, house heating boilers, and any other gas using
appliances, and the maintenance in good and safe condition of said systems, and the
making of necessary repairs and changes.
Thus, in regulating "fossil fuel infrastructure" (as defined in the by-law), the Brookline by-law
directly regulates the same gas piping regulated by Chapter 142 and the Gas Code.
The Gas Code is enforced by Inspectors of Plumbing and/or Inspectors of Gas Fitting,
individuals who personally hold licenses issued by the Plumbing Board. G.L. c. 142, §11. Prior to
commencing most work governed by the Gas Code, a permit must be issued by the plumbing and/or
gas inspector. See 248 CMR 3.05. The Gas Code designates who may obtain a gas permit(a licensed
plumber or gas fitter) as well as describes how permits are issued and, if necessary, terminated. Id.
Finally, a plumbing inspector's determination that a permit should be denied is appealed to the
Plumbing Board per G.L. c. 142, §13 and 248 CMR 3.05,not a locally created entity as contemplated
by the Brookline by-law.
2. G.L. c. 142, §13's Stated Intention of Uniform Standards Preempts Additional
Local Requirements.
As an initial matter,pursuant to G.L. c. 143, §96, the State Gas Code is incorporated into the
State Building Code. Id. ("The state building code shall incorporate any specialized construction
codes...") Thus,the Building Code field preemption found by the St. George court applies with equal
measure to the State Gas Code. See St. George, 462 Mass. at 133-134 ("[T]he Legislature intended
to occupy the field by passing comprehensive legislation and delegating further regulation to a State
board.").
9
In addition, G.L. c. 142, §13 mandates creation of uniform, statewide standards for gas fittings
with which the Brookline by-law interferes. By restricting the installation of "On-Site Fossil Fuel
Infrastructure" (By-law, Section 8.40.2), the Brookline by-law is in reality restricting the installation
of"gas fitting" -- work governed by the Gas Code. By way of example, if a consumer in Brookline
decided to replace an aging oil heater with a new gas furnace,the consumer could have the gas furnace
installed and have a local gas utility bring a new gas line into the property to a gas meter, all without
interference by the by-law. Where the Brookline by-law directly applies is when the consumer then
hires a licensed plumber or gas fitter to install gas piping connecting the new gas furnace to the meter
installed by the utility company. For that step, the consumer needs a licensed plumber or gas fitter to
apply for a locally issued -- but state regulated-- gas permit and perform work exclusively governed
by the Gas Code. The Brookline by-law would prohibit the state regulated gas permit and bar the state
regulated plumbing work.
The St. George court's reasoning applies here and dictates the conclusion that the Brookline
by-law is preempted by the Gas Code. The by-law and the Gas Code have different requirements for
when gas fitting work can occur and have different appellate/waiver procedures governing relief from
denial of a permit. As a result, "the [by-law] would frustrate the achievement of the stated statutory
purpose of having centralized, Statewide standards in this area."Id. at 129-130. The Gas Board asserts
that the by-law is preempted by the Gas Code and G.L. c. 142, §13 because the by-law"attempt[s] to
supplement the rules for permits governed by the Gas Code" and "attempts to regulate the
performance of work that the legislature has deemed exclusively governed by the Gas Code." (Letter
from Plumbing Board Executive Director to Hurley, p. 6). As such the by-law is preempted by the
Gas Code.
C. The By-law is Preempted by Chqpter 164, Which Reflects the Fundamental State Policy of
Ensuring Uniform Utility Services to the Public.
The by-law is also preempted by G.L. c. 164, through which the DPU comprehensively
regulates the sale and distribution of natural gas in the Commonwealth. The Supreme Judicial Court
has repeatedly recognized"the desirability of uniformity of standards applicable to utilities regulated
by the Department of Public Utilities." New England Tel. & Tel. Co. v. City of Lowell, 369 Mass.
831, 834 (1976) (citing cases). In that case, a city ordinance created "a burden for the [utility]
company additional to those which it carries elsewhere. To the extent that this is so, there is a
variation from the uniformity desirable in the regulation of utilities throughout the Commonwealth,"
and accordingly the ordinance was invalid. Id. (invalidating ordinance requiring registered engineer
to stamp utility's street-opening plans, where state statute exempted companies under DPU
jurisdiction from requirement that company's engineers be registered).
Similarly, in Boston Gas Co. v. City of Somerville, 420 Mass. 702 (1995), the court
invalidated a city ordinance regulating repair of street openings by utilities because"the [city] cannot
use its limited authority to enact an ordinance which has the practical effect of frustrating the
fundamental State policy of ensuring uniform and efficient utility services to the public." Id. at 706
(emphasis added). In Boston Gas Co. v. City of Newton, 425 Mass. 697 (1997),the court invalidated
a city ordinance imposing street-opening fees on utilities, where it "would impose an additional
burden on the plaintiff, a burden which undermines the `fundamental State policy of ensuring uniform
and efficient utility services to the public."' Id. at 703 (quoting Boston Gas Co. v. Somerville). And
in Boston Edison Co. v. Town of Bedford, 444 Mass. 775 (2005)the court invalidated a town by-law
that would have imposed a penalty on pole owners for having double poles in the town, concluding
10
that, "[a]lthough there is no express legislative intent to forbid local activity regarding double pole
removal, the `comprehensive nature' of G.L. c. 164 implies that the Legislature intended to preempt
municipalities from enacting legislation on the subject." Id. at 781.
The Superior Court recently applied the Boston Gas line of cases in overturning a Boston
ordinance regulating the inspection, maintenance, and repair of natural gas leaks within the city.
Boston Gas Company v. City of Boston, 35 Mass.L. Rptr.141, 2018 WL 4198962. The court ruled
that "the [Supreme Judicial Court]'s decisions in City of Somerville and City of Newton make it
plain that, with limited exceptions, non-incidental local rules and ordinances affecting the
manufacture and sale of gas and electricity are preempted by Chapter 164."Id. The court rejected the
City's argument that because the City ordinance was a "permitting"requirement (like the Brookline
by-law here) the ordinance was not preempted:
The fact that the City couches its inconsistent obligations as"permitting"requirements
does not make them any less objectionable, or any less subject to preemption,because
the net effect on Boston Gas is the same as if the obligations had been imposed directly.
Cf.. City of Newton, 425 Mass. at 699-706 (portion of ordinance charging inspection
and maintenance fees as a prerequisite to acquiring a permit to excavate public ways
and sidewalk was invalid).
Id.
Just as in Wendell and St. George, the Legislature here has granted to the DPU, not to
individual cities and towns,the authority to regulate the sale and distribution of natural gas throughout
the Commonwealth. The DPU views the by-law as conflicting with this legislative grant of authority
because, "[i]n effect,the [by-law] restricts National Grid's ability to add new customers in Brookline
(particularly heating customers) and restricts National Grid's ability to serve existing customers who
perform significant renovations on their buildings." (Letter from DPU General Counsel to Hurley, p.
2). Clearly the Town could not directly prohibit National Grid from adding new customers in
Brookline because such a move would directly interfere with the DPU's authority. As in the City of
Boston, the Town cannot do indirectly (through a permitting requirement) what it is prohibited from
doing directly. See Boston Gas Company of Boston, 35 Mass.L.Rptr.141, 2018 WL 4198962
("The fact that the City couches its inconsistent obligations as `permitting' requirements does not
make them any less objectionable, or any less subject to preemption,because the net effect on Boston
Gas is the same as if the obligations had been imposed directly.")
The by-law also interferes with the express legislative objective in Chapter 164 for uniform
service throughout the Commonwealth. As the DPU explains:
[The by-law] would impose non-uniform service among its residents with new
customers forced to become residential non-heating customers(Rate Class R-1),rather
than having the option to become residential heating customers (Rate Class R-3).
Article 21 prevents the uniform service that G.L. c. requires and, therefore, Article 21
is preempted by the well-established, comprehensive scope of G.L. c. 164.
Letter from DPU General Counsel to Hurley, p. 3. By prohibiting gas and oil service to the Town's
residents,the by-law interferes with the legislative intent in G.L. c. 164, § 105A that there be"absolute
interdependence of all parts of the Commonwealth and all of its inhabitants in the matter of
availability of public utility services, [so that] all may obtain a reasonable measure of such services."
Pereira v. New England LNG Co.,Inc., 364 Mass. 109, 120-121 (1973). To be sure, even without the
11
by-law, residential and commercial property owners may choose energy systems that do not rely on
fossil fuels. And the Town may consider adopting incentive programs to nudge property owners in
that direction. However, the by-law here forces a decision on property owners and thereby interferes
with the legislative goal in Chapter 164 of uniform utility options statewide. The Town is thus
preempted from utilizing this method to achieve its stated goals.9
IV. CONCLUSION
The Attorney General agrees with the policy goals behind the Town's attempt to reduce the
use of fossil fuels within the Town. However, the Legislature (and the courts) have made plain that
the Town cannot utilize the method it selected to achieve those goals. The Town cannot add an
additional layer of regulation to the comprehensive scope of regulation in the State Building Code,
State Gas Code, and Chapter 164. This is true no matter how well-intentioned the Town's action, and
no matter how strong the Town's belief that its favored option best serves the public health of its
residents. Because the by-law adopted under Article 21 is preempted, we must disapprove it.
Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the
Town has first satisfied the posting/publishing requirements of that statute. Once this
statutory duty is fulfilled, (1) general by-laws and amendments take effect on the date
these posting and publishing requirements are satisfied unless a later effective date is
prescribed in the by-law, and (2) zoning by-laws and amendments are deemed to have
taken effect from the date they were approved by the Town Meeting, unless a later
effective date is prescribed in the by-law.
Very truly yours,
MAURA HEALEY
ATTORNEY GENERAL
By: Margaret J. Hurley
Chief, Central Massachusetts Division
Director, Municipal Law Unit
10 Mechanic Street, Suite 301
Worcester, MA 01608
(508) 792-7600 ext. 4402
cc: Town Counsel Joslin Murphy and Assoc. Town Counsel Jonathan Simpson
We considered whether we could disapprove only the offending text (the withholding of a building
permit and appeal/waiver scheme) and approve the remaining text. When a portion of a law or
regulation is found to be invalid, "[u]nless it is evident that the Legislature would not have enacted
those provisions which are within its power, independently of that which is not, the invalid part may
be dropped if what is left is fully operative as a law." Alaska Airlines, Inc. v. Brock, 480 U.S. 678,
684 (1987). Here no fully operable by-law would remain if we excised only the offending text.
Therefore, we determine that the offending text is non-severable, and we must disapprove the entire
by-law.
12
� THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
ONE ASHBURTON PLACE
m =" BOSTON, MASSACHUSETTS 02108
MAURA HEAL (617) 727-2200
ATTORNEY GENERAL (617) 727-4765 TTY
www.mass.gov/ago
June 4, 2020
Mark D. Marini, Secretary
Department of Public Utilities
One South Station, 5rh Floor
Boston, MA 02110
Re: Petition of the Office of the Attorney General Requesting an Investigation into the
impact on the continuing business operations of local gas distribution companies as
the Commonwealth achieves its 2050 Climate Limits.
Dear Secretary Marini:
Enclosed for filing please find the Office of the Attorney General's Petition Requesting an
Investigation, as referenced above.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Is/Jo Ann Bodemer
Jo Ann Bodemer
Assistant Attorney General
Enclosures
cc: Shane Early, Esq., General Counsel, Department of Public Utilities
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF PUBLIC UTILITIES
Petition of the Office of the Attorney General,pursuant to G.L. c.
12, §§ 11E, 10; and its common law authority to act in the public
interest,Requesting an Investigation,pursuant to the Department
of Public Utilities' authority under G.L c. 164, §§ 76, 105A into D.P.U. 20-XX
the impact on the continuing business operations of local gas
distribution companies as the Commonwealth achieves its target
2050 climate goals.
The Office of the Attorney General ("AGO"),pursuant to G.L. c. 164, §§ 76, 105A; G.L.
c. 12, §§ 11E, 10; and the AGO's common law authority to act in the public interest, respectfully
requests that the Department of Public Utilities (the "Department") initiate an investigation to
assess the future of local gas distribution company ("LDC") operations and planning in light of
the Commonwealth's legally binding statewide limit of net-zero greenhouse gas ("GHG")
emissions by 2050.1
As found in the Commonwealth's 2015 update to its Clean Energy and Climate Plan
("CECP") for 2020, the Commonwealth's heating sector must make sizeable reductions in its use
1 See the Global Warming Solutions Act("GWSA"), St. 2008, c. 298, codified at M.G.L. c. 21N;
Executive Office of Energy and Environmental Affairs'("EOEEA") Determination of Statewide
Emissions Limit for 2020 (Apr. 22, 2020), available at https://www.mass.gov/doc/final-signed-
letter-of-determination-for-2 05 0-emissions-limit; (setting a legally binding statewide limit of net
zero greenhouse gas emissions by 2050, defined as 85 percent below 1990 levels); State of the
State Address (Jan. 21, 2021) (Governor commits to achieving net-zero greenhouse gas
emissions by 2050), available at https://www.mass.gov/news/governor-baker-delivers-2020-
state-of-the-commonwealth-address.
of fossil fuels to achieve the state's mandated GHG limit. Ensuring that Massachusetts LDCs'
current and planned business and operating practices are consistent with the Commonwealth's
2050 emission reduction mandate and interim targets requires more from the LDCs than
"business as usual." Just as declining fossil fuel demand is reshaping markets and business
practices in global markets (due to a range of factors including a climate-risk driven transition to
clean energy), the Commonwealth's climate policy requirements will have profound impacts on
gas distribution system management, operations, and rates. This will require the LDCs to make
significant changes to their planning processes and business model. It will also require the
Department to develop new policies and structures to protect ratepayers and ensure a safe,
reliable, and fair transition away from reliance on natural gas and other fossil fuels.
While policymakers and stakeholders are presently discussing and examining various
electric-dependent pathways to achieve the 2050 climate requirements, there has been little
2 Pursuant to the GWSA, the EOEEA must prepare a CECP every 5 years, beginning in 2010,
that sets GHG limits and provides plans to ensure the Commonwealth meets its 2050 mandated
emissions limit. See G.L. c. 21N (setting forth standards for targets and plans). Both the 2010
and 2015 update focused on reducing building sector GHG emissions. See Massachusetts CECP
for 2020, 2015 Update at 19 ("Buildings consume more than 50 percent of the energy used in
Massachusetts including the vast majority of the electricity and significant amounts of natural
gas and oil primarily for space heating. Emissions from buildings represent over 50 percent of
GHGs in 2013, with direct fossil fuel use (i.e., excluding buildings use of electricity) accounting
for almost a third of the Massachusetts GHG inventory."), available at
https://www.mass.gov/files/documents/2016/08/sk/2020-clean-energy-plan.pdf.; see also
EOEEA, March 2020 Public Sessions Presentation, available at
https://www.mass.gov/doc/march-public-meeting-slide-deck-for-2050-roadmap("March 2020
Slide Deck") (noting same); Massachusetts Comprehensive Energy Plan (December, 2018) at
Executive Summary, page v, available at https://www.mass.gov/service-details/massachusetts-
comprehensive-energ-plan-cep (noting that the building heating/domestic hot water sector
represents the second largest source of emissions in the Commonwealth, with nearly two-thirds
of that thermal heating demand being met by natural gas); Massachusetts GHG Mitigation and
Policies, at Buildings, available at https://www.mass.jzov/info-details/gh�4-emissions-and-
miti atg ion-policies#buildin sue- (noting same).
- 2 -
public discussion of the resulting business planning and financial implications of building
electrification and related initiatives that will need to be implemented with sufficient lead time to
comply with 2050 emission reduction mandates. The Department has both the authority and
expertise to initiate this urgent public discussion by promptly opening an investigation that will
(1) examine the gas distribution industry, regulatory, and policy changes needed to support the
achievement of the Commonwealth's mandated GHG emission limits; and(2) determine what
near- and long-term adjustments are necessary to maintain a safe and reliable gas distribution
system and protect consumer interests as the Commonwealth transitions from fossil fuels to a
clean, increasingly electrified, and decarbonized energy future by 2050.
Like the Department's leadership in examining and implementing new regulatory policies
for harmonizing the state's clean energy priorities with electric grid modernization efforts,' this
investigation provides the Department with the opportunity to solicit utility and stakeholder input
and develop a nation-leading regulatory and policy roadmap to guide the evolution of the gas
distribution industry companies,provide ratepayer protection, and allow the Commonwealth to
move into its net-zero GHG emissions energy future.
' See e.g., Vote and Order Opening Investigation, D.P.U. 12-76 (2012) (investigation into
modernization of the electric grid, with workshops and written submissions from stakeholders).
- 3 -
I. BACKGROUND
1. Massachusetts is a national leader in climate action.4 Accordingly, the legislative,
executive, and judicial branches have taken definitive and necessary steps to achieve GHG
emissions reduction requirements that will result in an 85 percent reduction in emissions below
1990 levels by 2050 and achieve net-zero emissions. GWSA; Determination of Statewide
Emissions Limit for 2020, supra n.1.
2. Massachusetts' GHG emissions limits are set forth in several key pieces of legislation
enacted in 2008. First, the GWSA set forth target goals for the reduction of GHG emissions
from all sectors of the Commonwealth's economy. The current end goal is to reduce GHG
emissions by 85 percent by 2050 below the 1990 baseline emission level, with intermediary
goals set for 2020 (25 percent reduction) and 2030.5 Along with the GWSA, the Green
Communities Act (St. 2008, c. 169; the "GCA") created a framework to promote enhanced
energy efficiency throughout the Commonwealth and required Program Administrators
4 For example, in 2007, Massachusetts led multiple states, cities and other environmental action
groups to compel the Environmental Protection Agency ("EPA") to regulate carbon dioxide as a
pollutant under the Clean Air Act. Massachusetts v. EPA, 549 U.S. 497 (2007). The United
States Supreme Court found, among other things, that the "harms associated with climate change
are serious and well recognized" and that the EPA has the statutory authority, under the
§202(a)(1) of the Clean Air Act, to regulate greenhouse gas emissions. The Supreme Court
reasoned that the express language of the Clean Air Act requires the EPA to promulgate
regulations to protect the public health and welfare, unless it determines that greenhouse gases
do not contribute to climate change. Id. In December 2009, the EPA made the endangerment
finding that the current and projected concentrations of greenhouse gases in the atmosphere
threaten the public health and welfare of current and future generations. Federal Register, Vol.
74,No. 239 (Dec. 15, 2009), Rules and Regulations at 66496.
5 Determination of Statewide Emissions Limit for 2020, supra n.1;see also EOEEA 2018
GWSA 10-year progress report, available at https://www.mass.gov/doc/gwsa-I0-year-pro rg ess-
report (providing progress made in achieving the GWSA's 2020 mandate (25 percent GHG
reduction below 1990 levels) and finds, based on the Massachusetts Department of
Environmental Protection's 2017 GHG inventory, that GHG emissions in the Commonwealth
were 22.4 percent below the 1990 baseline level).
- 4 -
(consisting of gas and electric utilities and municipal aggregators with approved energy
efficiency plans) to develop energy efficiency plans that would "provide for the acquisition of all
available energy efficiency and demand reduction resources that are cost effective or less
expensive than supply." G.L. c. 25, § 21(b)(1).6
3. In May 2016, the Supreme Judicial Court clarified and reaffirmed that the GHG emission
reduction limits of the GWSA are mandatory, enforceable emission limits, and not mere
aspirational goals. Kain et al. v. Department of Environmental Protection, 474 Mass. 278, 288-
90 (2016). The Court in Kain also underscored that the EOEEA (of which the Department, along
with the Department of Environmental Protection, is a part) is primarily responsible for
administering the required emission reductions. See G.L. c. 21N, § 7; G.L. c. 21A, § 2, clause
(30).
4. Similarly, in 2018, the Supreme Judicial Court recognized that the GWSA, "is designed
to make Massachusetts a national, and even international, leader in the efforts to reduce the
greenhouse gas emissions that cause climate change." New England Power Generators Assoc.,
Inc. v. Dep't of Environmental Protection, 480 Mass. 398, 399 (2018). The Supreme Judicial
Court, in upholding the Department of Environmental Protection's authority to promulgate sector
specific regulations under G. L. c. 21N, § 3(d), stated that the GWSA"establishes significant,
`ambitious,' legally binding, short-and long-term restrictions on those emissions." Id. at 399
6 In 2018, the GCA was amended to provide Program Administrators with the authority to
provide a full range of energy services to customers, including energy optimization, energy
storage,renewables, active demand response and strategic electrification of home heating. An
Act to Advance Clean Energy, St. 2018, c. 227. In addition, the Department now recognizes "a
localized and reasonable cost value of reducing GHG emissions [that] [] the Program
Administrators can claim as one of the benefits of the proposed energy efficiency programs,
within the context of contributing to GWSA compliance." 2019-2021 Three-year Energy
Efficiency Plans, D.P.U. 18-110 through 18-119 (2019) at 69-70 (internal citations omitted).
- 5 -
(citations omitted) (also noting that the GWSA "was passed to address the grave threats that
climate change poses to the health, economy, and natural resources of the Commonwealth").
5. In September 2016, Governor Baker signed Executive Order 569, which set forth a
comprehensive approach to meeting the Commonwealth's GHG emission goals, as well as
protecting residents, businesses, and municipalities from the impacts of climate change. On
January 21, 2020, in his State of the State address, Governor Baker committed the
Commonwealth to achieving economy-wide "net-zero" emissions by 2050. Currently, EOEEA
is working to identify cost-effective and equitable strategies to meet the 2050 long-term emission
reduction mandates. The EOEEA's "80x50" final report also will inform the determination of
the 2030 emissions limit and the development of the CECP for 2030, as well as provide a
roadmap to achieve the GWSA's 2050 emissions reduction limit. See
https://www.mass.gov/info-details/ma-decarbonization-roadmgp.7
6. Of particular note, the EOEEA has reintroduced pathways identified in its 2020 CECP as
foundational strategies to achieve long-term decarbonization and net-zero emissions: "l)
Increase Energy Efficiency: Building weatherization,passive house construction, etc.; 2) End-
Use Fuel Switching: Electric cars, hydrogen trucks, heat pumps, biofuels, etc.; 3) Expand Clean
Energy: Renewable electricity, grid storage, advanced biofuels, etc.; and 4) Increased Carbon
Sequestration: Conserving natural lands, best management practices." March 2020 Slide Deck,
at slides 20-23.8
7 The EOEEA has undertaken a planning process to identify strategies to ensure Massachusetts
reaches its GHG emissions reduction mandates and achieves net-zero emissions by 2050. The
EOEEA plans to publish its findings in December 2020. It is the Department's role to ensure
that the utility regulatory framework is in place to support these identified pathways.
8 In December 2010,pursuant to the GWSA, the EOEEA presented its CECP for 2020 to the
Legislature. 2020 CECP, supra n 2. The 2020 CECP also identified increased energy
- 6 -
7. Taken together, this suite of legislative,judicial, executive, and agency action evinces a
strong, central policy goal—across Administrations spanning over a decade—to make the
changes necessary to achieve net-zero carbon emissions in the Commonwealth by 2050 to
address the urgent threat of climate change quickly and comprehensively. The consensus-
identified pathway emerging for the residential and commercial building heating sector, under
present technologies, is electrification,powered by low- or zero-emission sources. See e.g.,
March 2020 Slide Deck (detailing electrification of heating sector as pathway to 2050 goals).9
8. As electrification and decarbonization of heating increases, the Commonwealth's natural
gas demand and usage from thermal heating requirements will decline substantially and could be
near zero by 2050. Id. As the Commonwealth reduces its fossil fuel consumption, the
Department should establish a consistent regulatory framework that protects customers and
maintains reliability and safety during the transition.
II. THE DEPARTMENT'S JURISDICTION TO INVESTIGATE
9. Within the Constitutional limits of its delegated statutory jurisdiction, comprehensive
authority "to regulate and control the storage, transportation and distribution of gas . . . is hereby
vested in the [D]epartment." G.L. c. 164, § 105A. Further, the Department has plenary
authority, on its own motion or on written complaint, to investigate at any time "as to the manner
in which . . . gas is being or shall be stored, transported or distributed." Id. In construing the
scope of power conferred by Section 105A the Supreme Judicial Court noted:
efficiency, electrification of the heating sector and expanded clean energy as necessary elements
to achieving the 2050 mandated emissions limits.
9 To better plan for this transition to electrification, commencing with the 2020 Capacity,
Energy, Loads and Transmission (CELT) Report, ISO New England has begun forecasting the
electrification of heating and its resulting impacts on wholesale electricity power planning and
reliability studies. See https://www.iso-ne.com/static-assets/documents/2020/02/final-draft-
2020-heatelectr-vl.pdf
- 7 -
[T]he Legislature intended to give, and did give. . . . paramount power
to the Department further to regulate and control the storage,
transportation and distribution of gas and pressure under which these
operations may respectively be carried on in this Commonwealth.
Pereira v. New England LNG Co., Inc., 364 Mass. 109, 120 (1973) (internal citation omitted, and
punctuation modified).
10. Analogizing the scope of the Department's plenary authority under G.L. c.
164, § 105A with the Department's preemptive zoning powers related to gas
facilities under G.L. c. 40A, §§ 3, 10 the SJC reasoned:
These two statutes in combination recognize the absolute
interdependence of all parts of the Commonwealth and of all of its
inhabitants in the matter of availability of public utility services, and they
give to the Department the power to take action necessary to insure that
all may obtain a reasonable measure of such vital services.
Pereira v. New England LNG Co., Inc., 364 Mass. at 121. Accordingly, a comprehensive
investigation into the LDCs' plans to transition to decarbonization is well within the broad
authority that the Legislature expressly granted to the Department. Moreover, Section 76 of
Chapter 164 affirms that the Department has general supervision of all gas companies and:
shall make all necessary examination and inquiries and keep itself
informed as to the condition of the respective properties owned by such
corporations and the manner in which they are conducted with reference
to the safety and convenience of the public, and as to their compliance
with the provisions of law and the orders, directions and requirements of
the department . . . .
In addition, G.L. c. 164, § 69I requires that the Department review every two years the long-
range forecast and supply plans of the LDCs. Among other priorities, G.L. c. 164, § 69I directs
that these plans consider environmental impacts (defined as land use impact, water resource
impact, air quality impact, solid waste impact, radiation impact, and noise impact) and that plans
to expand and construct any new gas facilities be "consistent with current health, environmental
protection, and resource use and development policies as adopted by the [C]ommonwealth; and
- 8 -
are consistent with the policies to provide a necessary energy supply for the [C]ommonwealth
with a minimum impact on the environment at the lowest possible cost."
11. Thus, the Department has both the opportunity and the responsibility to undertake a
comprehensive review of the LDCs' continuing gas operations in light of, and in furtherance of,
the Commonwealth's GHG emission reduction mandates. Indeed, in order to carry out its
mandate to ensure continuous provision of these "vital services," and protect the interests of the
Commonwealth's ratepayers, such investigation is imperative.
III. SIMILAR PROCEEDINGS IN OTHER STATES
12. On their own initiatives, California and New York's public utilities commissions have
recently undertaken similar proceedings.
13. In January, the California Public Utilities Commission ("CA PUC") opened a rulemaking
proceeding with the goal of providing a process for the CA PUC to consider challenges relating
to California's natural gas infrastructure safety and reliability while the state effectuates its long-
term decarbonization goals. CA PUC R.20-01-007 (2020). As part of this proceeding, the CA
PUC seeks to develop and adopt updated reliability standards that reflect the current and
prospective challenges to gas system operators and to implement a long-term planning strategy
to manage the state's transition away from natural gas-fueled technologies. Id.
14. Like Massachusetts' Gas System Enhancement Plans ("GSEP"), in 2011, the CA PUC
created the Pipeline Safety Enhancement Plan ("PSEP")process, which requires all gas
transmission pipeline operators to outline the replacement and pressure testing of all intrastate
natural gas transmission pipelines. CA PUC R.11-02-019 (2011). The total PSEP investment in
California is estimated to be well over two billion dollars. CA PUC R.20-01-007 (2020), at 5.
At the same time that it created the PSEP process, the CA PUC found that compliance with local
- 9 -
and statewide greenhouse gas legislation will necessitate the decline in natural gas demand for
the foreseeable future. Id. at 10. Stakeholders recommended that the CA PUC develop long-
term plans for phasing out gas utility assets and identify regulatory accounting mechanisms that
will mitigate stranded costs for utilities while maintaining affordable gas rates for remaining
customers. In addition to its review of safety and reliability regulations, the CA PUC will also
develop a planning strategy to balance the impact that the projected gas demand reduction will
have on the gas systems with the existing framework to ensure safe and reliable service, e.g.,
PSEP. Id. at 17.10
15. In March, the New York Public Service Commission ("NY PSC") opened an
investigation "to consider issues related to gas utilities' planning procedures." NY PSC Case 20-
G-0131, Order Instituting Proceeding, dated March 19, 2020 (the "Order"). The NY PSC states
that it"seeks to establish planning and operational practices that best support customer needs and
emissions objectives while minimizing infrastructure investments and ensuring the continuation
of reliable, safe, and adequate service to existing customers." Order, at 4. With the passage of
its Climate Leadership and Community Protection Act, New York must achieve net-zero
greenhouse gas emissions by 2050 and 100 percent emissions-free electric power sources by
2040.
16. In response to these mandated emissions requirements, the NY PSC will examine, among
other things, the transparency of gas distribution company planning, non-pipe alternatives,
demand response and rate design, as well as any necessary tariff and rule revisions. Within 150
days of the Order, each gas utility must file a"status report and proposals regarding the extent to
10 The CA PUC set forth a series of questions for the investigation to address. CA PUC R.20-01-
007, at 18-20 (including questions regarding long-term natural gas policy and planning).
- 10 -
which the gas utility currently uses or anticipates using demand reducing measures, including
energy efficiency, electrification, demand response, non-pipe solutions, and other measures"to
meet future demand. Order, at 12. In addition, each gas utility must report on the "potential to
target existing and new energy efficiency and electrification programs and budgets to reduce
near term and future infrastructure investments and emissions." Id.
IV. TOPICS FOR INPUT AND DEPARTMENT CONSIDERATION
17. The Commonwealth's 2050 GHG emission reduction mandate and the anticipated decline
in natural gas demand raise many questions regarding the future of gas distribution services and
possible changes to the Department's rules and regulations. As an initial starting point, the AGO
offers the following particular items for the Department's consideration:
A. Ratepayer Protection, Equity and Fairness
18. How should the Department account for affordability concerns,particularly when the
number of gas customers decline as the Commonwealth electrifies its heating sector? What
additional policy measures may be necessary to ensure that no customer is left behind in the
transition to a clean heating sector? How should principles of equity and fairness serve as
benchmarks to protect remaining firm customers?
19. What measures should the Department take to ensure that those least able to pay are not
subject to increasing distribution rates as the LDC's revenue requirement is spread over a
diminishing customer sales base`? Are there rate design safeguards that could help prevent
inequitable and disparate impacts?
20. Not all ratepayers,particularly low- to moderate-income customers and residents of
environmental justice communities will be able to cost-effectively electrify their home heating
- 11 -
without additional policy measures." What incentives or additional policy measures are
necessary to assist in the electrification of their homes (or the adoption of another carbon-neutral
alternative)?
21. To the extent some customers remain firm natural gas customers for a longer period,
what regulatory measures are necessary to ensure that the LDCs continue to provide safe and
reliable gas service as their customer counts decline?
22. Should shareholders pay for the diversification and expansion of the LDC's business
operations to meet GHG emission limits? How should the Department determine what is
business expansion vs. the provision of a monopoly service that is recoverable in rates?
B. Planning, Forecast and Supply 12
23. Should the Department adjust its guidelines for review of gas LDCs' forecast and supply
plans to require additional long-term forecast data addressing the Commonwealth's transition
away from natural gas as a heating fuel? Should the Department require the LDCs to submit
modeling/scenario analysis showing the impacts to gas demand in response to decarbonization
policy and how that demand projection would affect supply and pricing?
11 Environmental justice communities in Massachusetts have long been among the poorest and
most polluted in the Commonwealth. See e.g., COVID-19's Unequal Effects in Massachusetts,
Report of Attorney General Maura Healey, released May 12, 2020 available at
https://www.mass.gov/doc/covid-19s-unequal-effects-in-massachusetts. "[P]olicymakers at
every level must work hand in hand with communities in developing and implementing steps to
remedy environmental injustice and its attendant public health harms. The voices and
experiences of communities of color must play a central role, and community representatives and
leaders must be full partners in the work of building an environmentally just future." Id. at 8.
11 Currently, natural gas distribution companies are required to file their long-range forecast and
supply plans every two years with the Department. G.L. c. 164, § 69I. By statute, the gas long-
range forecast is a five-year forward-looking projection with respect to the gas requirements of
an LDC's market area, including the gas send-out necessary to serve projected fn-m customers
and the available supplies necessary to meet the projected demand. Id. Also by statute, the
LDC's plan must"provide a necessary energy supply for the [C]ommonwealth with a minimum
impact on the environment at the lowest possible cost." Id.
- 12 -
24. Should the Department require longer-term forecasts, e.g., 10-year or 20-year projections
and require the LDCs to assess various methods for meeting future demand, including but not
limited to, increased energy efficiency, demand response, electrification, and other carbon-
neutral options?
C. Capital Investments and GSEP13
25. How much additional LDC investment is prudent in the next 30 years to ensure a
safe and reliable gas distribution system, while statewide gas demand declines`?
26. Are there other cost-effective alternatives to traditional distribution infrastructure
investment that would be better aligned with the Commonwealth's climate goals?
Should the Department require gas LDCs to present alternatives when proposing capital
investment for system repairs or new gas distribution infrastructure? How should the
Department compare and evaluate investment alternatives necessary for the
Commonwealth's carbon-neutral energy future?
27. Should the Department require the LDCs, in their GSEPs, to demonstrate
continuing need or long-term value for the proposed infrastructure investment and
demonstrate how proposed GSEP investments "are consistent with the policies [outlined
in G.L. c. 164, § 69H] to provide a necessary energy supply for the Commonwealth with
a minimum impact on the environment at the lowest possible cost?"
13Pursuant to G.L. c. 164, § 145, a"gas company may file with the Department a plan to address
aging or leaking natural gas infrastructure within the Commonwealth in the interest of public
safety and reducing lost and unaccounted for natural gas through a reduction in natural gas
system leaks."
- 13 -
28. Should the Department require the LDCs, in their GSEPs, to compare GSEP
investment with other investment alternatives, e.g., abandoning leak-prone pipes for
targeted electrification initiatives and/or geo-thermal projects?
29. Should the Department adjust GSEP planning and cost recovery to mitigate
against potentially stranded infrastructure investment, as well as operations and
maintenance expenses as a result of declining gas demand? Should accelerated
depreciation or retirement of older leak prone infrastructure alternatives be considered?
Are there regulatory mechanisms to proactively maintain reasonable rates and mitigate
the impact of these investments on remaining firm customers?
D. Other Considerations
30. Renewable Natural Gas-Biofuel ("RNG').- What is the potential for RNG to
meet future gas demand and deliver verifiable GHG emissions reductions? Is RNG
readily available? What considerations are there for scalability and associated
operational costs? What infrastructure investment is required to support the widescale
use of RNG? What policy or legislative action might be necessary or beneficial to
support investment in RNG, e.g. RPS-like requirement for RNG?
31. Renewable Natural Gas-Power-to-Gas ("P2G').- What is the potential for P2G
in Massachusetts? Can P2G deliver verifiable GHG emissions reductions? Have any of
the gas distribution utilities investigated the use of hydrogen as a power source`? What
considerations are there for scalability and associated operational costs? Is there
infrastructure investment required to support the widescale use of P2G? What policy or
legislative action would be necessary or beneficial to support investment in P2G?
- 14 -
32. Energy Efficiency Programs: What is the viability of gas demand resource
programs to meet or contribute to emission reduction goals? Are adjustments to current
cost-effectiveness screening of energy efficiency programs required to allow for the
implementation of a gas demand response program? Can targeted or incremental
electrification offset certain future GSEP investment? Does the Department need to
review and revise the energy efficiency delivery platform, including the structure of
company earned performance incentives, to support achievement of the Commonwealth's
climate goals? Should incentive structures be revised to allow for targeted or incremental
electrification?
33. Is there an opportunity to convert some amount of fossil fuel residential heating
(e.g., oil,propane, natural gas) with geo-thermal network applications? Can existing gas
infrastructure or operations be used to support geo-thermal investment? What is the
potential for geo-thermal ground source heating technology to meet cost-effectively the
heating/cooling needs in the Commonwealth vs. air source heat pump electrification?
Should geo-thermal opportunities be administered through program administrators?
LDCs? Other market-based third-parry organizations? Other governmental agencies?
What are the scalability and costs to implement a statewide geo-thermal effort? What
policy is required to support investment in geo-thermal networks?
34. Other technologies: Are there alternative technologies available (or in
development)to electrification that can satisfy the building sector's heating needs and
meet the GWSA emission reductions?
35. Continued Sustainability of Gas Distribution as Usual: Can the LDCs sustain
their current business model as the Commonwealth takes affirmative action to electrify
- 15 -
and decarbonize the heating sector? What does the LDC look like in 2030? 2040?
2050? Are there different business models to be considered? Should LDCs plan to adapt
to the new energy future by expanding business lines? What will be required of gas
LDCs in meaningfully contributing to the achievement of the Commonwealth's GHG
emission reduction mandates? Are there unique opportunities for LDCs that share a
parent company with an electric company?
V. PROPOSED PHASED INVESTIGATION
36. The AGO recommends that the Department investigate in two phases. In the first phase,
the Department would direct the LDCs to submit detailed economic analyses and business plans
depicting future gas demand in a carbon-constrained economy, as well as probable revenues,
expenses, and investments. The LDCs would also address the challenges that a substantially
decarbonized economy creates for them and present ideas and solutions for the LDCs of the near
and far-term future as the Commonwealth transitions its heating sector away from fossil fuels.
This first phase also would include stakeholder input regarding issues such as necessary
regulatory changes, policy and legislative directives, as well as gas business operation changes
necessary to accommodate the Commonwealth's GHG emission mandates.14 Like its grid
modernization investigation in D.P.U. 12-76, the Department could conduct or sponsor
workshops or working groups to evaluate and flesh out the submitted stakeholder plans and
proposals and to strive for a consensus framework and timeline for future Department action.
37. The second phase of the proposed investigation would seek the development and
implementation of the necessary policy,business, and regulatory pathways to achieve the
14 Stakeholders may also consider proposing alternative business and regulatory models that
could sustain the continued operation of gas distribution companies in a decarbonized 2050.
- 16 -
Commonwealth's climate change mandates and protect the Commonwealth's gas consumers.
The Department(or working group) could develop straw proposals regarding proposed
regulatory, legislative, and policy initiatives required to support the Commonwealth's climate
policy and actions, mitigate unnecessary investment in gas distribution assets, and protect
ratepayers from increasing gas distribution costs. The utilities and participating stakeholders
should have an opportunity to comment on the straw proposals prior to the Department's final
order. The Department's final action would be to issue an order providing both the policy and
regulatory framework necessary to protect ratepayers and provide necessary guidance for the
LDCs regarding the Commonwealth's increasingly decarbonized future.
VI. CONCLUSION
38. Pursuant to its authority pursuant to G.L. c. 164, §§ 76, 105A, the Department should
take proactive steps to investigate the future role of the LDCs as the Commonwealth transitions
to a clean, increasingly electrified, and decarbonized heating sector. An investigation will
provide the platform for the Department to assess fully the prevailing concerns and relevant
issues facing LDCs and enable it to develop policies and a regulatory framework to ensure an
orderly and fair transition to a clean energy heating sector, to ensure continued safe and reliable
gas service even as demand declines, and to ensure that consumers do not pay unnecessary costs.
- 17 -
WHEREFORE, the AGO respectfully requests the Department open an investigation, as
described above, to examine the issues facing gas distribution companies as the Commonwealth
rapidly moves to achieve its 2050 GHG emission reduction mandate.
Respectfully submitted,
/s/Rebecca L. TWVer
Rebecca L. Tepper
Chief, Energy and Telecommunications Division
Jo Ann Bodemer
Donald W. Boecke
Assistant Attorneys General
Massachusetts Attorney General
Office of Ratepayer Advocacy
One Ashburton Place
Boston, MA 02108
(617) 727-2200
Dated: June 4, 2020
- 18 -
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discuss Veterans Day 2020 Parade and Events
PRESENTER: ITEM
NUMBER:
June Baer, Chair of the Town
Celebrations Committee I.7
SUMMARY:
June Baer, Town Celebrations Committee Chair, will be at the meeting to discuss Town Celebration
Committee recommendations for the 2020 Veterans Day Events in light of COVID-19.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020 8:05pm
ATTACHMENTS:
Description Type
R`4`Mean to Sa;tect L'Sti,a rdl G wer[lii mio
memo
To: Town of Lexington Select Board
From:June Baer, Chair, Town Celebrations Committee
Date: September 10, 2020
RE: Veterans Day 2020
For the Select Board meeting on September 14th I would like to submit the
following comments on Veterans Day 2020 celebrations hosted by the Town
Celebrations Committee.
Our first committee meeting of the new fiscal year was held on August 19, 2020.
At this meeting we started developing these events:
1. On Salute to Veterans' Breakfast scheduled to be held on Saturday, October
31, 2020, we voted to cancel for this year. Our decision is based on the
current pandemic.
a. The majority of our guests are in the high risk group for the pandemic
b. The venue is not large enough to hold 200 guests and socially distance
each table and family group. (Also, the currently State emergency in
Massachusetts concerning the pandemic limits indoor gatherings to 25
people).
c. The venue's kitchen is not large enough to facilitate our volunteers to
socially distance while plating the food and delivering the food to our
guests.
2. To replace the Salute to Veterans' Breakfast we will send a letter of
recognition and thanks to the veterans we do have on file as attending our
breakfasts and include a gift certificate of$10 from Dunkin. The $10 amount
is approximately what we currently pay for each breakfast when we hold the
event.
3. Veterans Day Parade and Program. The committee is of the opinion that the
pandemic will prevent us from hosting the traditional parade and program.
What we are planning instead is:
a. A short 10 minute virtual presentation to be shown on LexMedia
recognizing veterans in our community. We hope to include a tribute
to Dan Fenn, as a WWII veteran as well as highlight his commitment
to our town. Our committee is working with the Fenn family on this.
b. We are working with the Lexington Remembers WWII committee to
include in this video the unveiling of the new commemorative plaque
for those from Lexington who died in service to our country during
WWII. The plaque will be installed in the Cary Memorial Building.
4. We are working with the High School History Department to solicit essays
from the students on what Veterans Day means to them. This is an event we
renewed a few years ago and continue to work with the school on. The 2
winning essay writers will have a segment in our video to read their essays.
We will also publish our booklet with many of the submitted essays.
5. We will be purchasing a banner thanking our Veterans to be displayed
across Mass Ave on Veterans Day. This will become a new tradition of the
Town Celebrations Committee
The Town Celebrations Committee does have working groups who are addressing
these ideas and are considering other ideas we can develop to honor our veterans
on November 11.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Special Town Meetings 2020-2 and 2020-3
PRESENTER: ITEM
NUMBER:
Kelly Axtell, Deputy Town Manager
I.8
SUMMARY:
Review and Approve Special Town Meeting Warrants 2020-2 and 2020-3
SUGGESTED MOTION:
Move to approve and sign the Special Town Meeting Warrant 2020-2 and the Special Town Meeting warrant
2020-3 and authorize staff to make non substantive edits as necessary or recommended by Town Counsel or
Bond Counsel.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020 8:15pm
ATTACHMENTS:
Description Type
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TOWN OF LEXINGTON WARRANT
SPECIAL TOWN MEETING 2020-2
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables or Town Clerk of the Town of Lexington,in said County, Greetings:
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of
Lexington qualified to vote in elections and in Town affairs to meet by means of the audio/video conferencing
platform described more particularly below on October 14, 2020 at 7:30pm, at which time and place the following
articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter
215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as
amended.
Pursuant to Chapter 92 of the Acts of 2020,the Town Meeting shall be held remotely by the means requested by the
Moderator as follows:
Town Meeting members will attend and vote by logging into: (1)the Zoom videoconferencing platform, (2)the
online VVoter module provided by our electronic voting vendor, Option Technologies or comparable online voting
tool developed by Select Board member Joe Pato, and(3) an online queuing function developed by Select Board
member Joe Pato to facilitate the process of debate. Other Town residents who wish to follow the proceedings may
do so via LexMedia at https://www.youtube.coin/user/LexMediaMATV. Residents who wish to participate in the
Meeting may contact the Town Clerk's Office at clerk cglexingtonma.gov and complete the online form at
www.LexinZonMA.Rov/Fa112020STM.
For more information,please see the Moderator's August 20, 2020 letter to the Select Board attached to this warrant
as Special Town Meeting 2020-2 Appendix A.
ARTICLE 1 REPORTS OF TOWN BOARDS, OFFICERS
AND COMMITTEES
To receive the reports of any Board or Town Officer or of any Committee of the Town; or act in any other manner in
relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town
Meeting session by boards, officers, or committees.
ARTICLE 2 SHORT TERM RENTAL IMPACT FEE
To see if the Town will vote to accept Massachusetts General Laws Chapter 64G, Sections 3A & 31), Local Option
Community Impact Fee of up to 3% on short term rental properties; or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: The article authorizes the Town to adopt a"community impact fee"of up to 3%on"professionally
managed"rental units. These units are defined as accommodations where an operator runs more than one short-term
rental in the same municipality with at least one of those units not located in a single-,two-, or three-family dwelling
that includes the operator's primary residence.
STM 2020-2 Page 1
ARTICLE 3 AMEND GENERAL BYLAWS-
NOISE CONTROL (Citizen Petition)
To see if the Town will vote to amend Chapter 80 of the Code of the Town of Lexington, Noise Control, to reduce
the impact of construction noise, by requiring a noise mitigation plan for construction impacting residentially zoned
areas as a condition for obtaining a building permit.
This article would require and enforce a noise mitigation plan as follows:
I. A noise mitigation plan will be required for construction projects which entail rock removal via heavy
machinery and/or blasting, including ledge removal,rock pounding,rock crushing,rock drilling or rock cutting;
2. Such a plan will only be required for large projects where these activities are expected to be of extended
duration;
3. Noise mitigation plans must include effective sound barriers surrounding the perimeter of the construction
site;
or act in any other manner in relation thereto.
(Inserted by the Select Board on behalf of Varda Haimo and 9 or more registered voters)
DESCRIPTION: This article proposes revisions to the Noise Bylaw to better protect residents from noise pollution
due to residential and other construction projects.
ARTICLE 4 DECLARE CLIMATE EMERGENCY
(Citizen Petition)
To see if the Town will pass a non-binding resolution a resolution endorsing the declaration of a climate emergency
and requesting regional collaboration for an immediate transition from fossil fuels to clean, renewable energy and
further to demonstrate our commitment to making Lexington a more sustainable and resilient town.
(Inserted by the Select Board on behalf of Lily Manhua Yan and 9 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to adopt a resolution endorsing the declaration of a
climate emergency and calls for regional collaboration to reverse global warming and to move towards a more
sustainable economy.
ARTICLE 5 AMEND GENERAL BYLAWS-RUNNING
BAMBOO CONTROL(Citizen Petition)
To see if the Town will vote to amend the General Bylaw of the Town of Lexington by adding a chapter to control
the planting and presence of Running Bamboo plants-any monopodial (running) tropical or semi-tropical bamboo
grasses or bamboo species, or act in any other manner in relation thereto.
(Inserted by the Select Board on behalf of Michael Reamer and 9 or more registered voters)
DESCRIPTION: This purpose and intent of this bylaw is to preserve and protect private and Town owned property
and Town owned rights of way from the spread of Running Bamboo and to protect indigenous biodiversity threatened
by Running Bamboo. All Running Bamboo owners shall be required to confine Running Bamboo in a manner that
will prevent the Running Bamboo from encroachment onto any other private or Town owned right of way. The
proposed bylaw specifies requirements, enforcement and penalties.
ARTICLE 6 AUTHORIZE SPECIAL LEGISLATION DEVELOPMENT
SURCHARGE FOR COMMUNITY HOUSING(Citizen Petition)
To see if the Town will vote to establish a surcharge on specific residential development activities for the purpose of
funding affordable and community housing construction, renovation, associated land acquisition or easements; and
STM-2 Page 2
further to authorize the Select Board to petition the Massachusetts General Court to enact legislation to enable this
surcharge in the Town of Lexington, and further to authorize the Select Board to approve amendments to said act
before its enactment by the General Court that are within the scope of the general objectives of the petition, or act in
any other manner in relation thereto.
(Inserted by the Select Board on behalf of Matt Daggett and 9 or more registered voters)
DESCRIPTION: The purpose of this article is to address the loss of moderate-income housing by developing a
targeted and measured surcharge on specific residential development activities that will fund the creation of
community housing that will address identified housing gaps, such as housing attainable by Lexington municipal
employees.
ARTICLE 7 RESOLUTION FOR ESTABLISHMENT OF A
MONUMENT (Citizen Petition)
To see if the Town will vote to adopt a resolution requesting the Select Board to erect a new monument in a highly
visible and public outdoor location to honor the contributions women have made to improve Lexington;that the Select
Board take this request into account when preparing the next year's budget; and that the Select Board help facilitate
this effort through coordination of or delegation to the relevant committees so that a recommendation will come to
Town Meeting in Spring 2021, with some visible progress made by August 26, 2021, or act in any other manner in
relation thereto.
(Inserted by Jessie Steigerwald, Betty Gau and 100 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to request the Select Board to erect a new and
intersectional monument in celebration of the 100th anniversary of the 19th amendment to the United States
Constitution.This monument would celebrate and pay tribute to the many contributions that women have made across
time to Lexington's place in history and to our community.
ARTICLE 8 SYSTEMIC RACISM RESOLUTION
(Citizen Petition)
To see if the Town will pass a non-binding resolution to consider racial and other equity impacts in all its decisions
and planning processes, including the role of systemic racism, with the goal of making Lexington a truly equitable
community; or act in any other manner in relation thereto.
(Inserted by Deborah Strod and 100 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to adopt a resolution that seeks to make Lexington a more
diverse,inclusive, equitable, and anti-racist community by actively considering racial and other equity impacts in all
current and future decisions and planning processes with the goal to end systemic racism.
ARTICLE 9 AMEND ZONING BYLAW-DISTANCE FROM BASEMENT,
SLAB OR CRAWL SPACE AND GROUNDWATER
To see if the Town will vote to amend the Zoning Bylaw to regulate the distance between groundwater elevations and
building basements, crawl space floors, or slab elevations; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This zoning amendment is in response to residents'requests to address the impacts on their property
of displaced groundwater from abutting new construction being built in the water table. This will also help prevent
new illegal connections to the Town system from new construction in the water table.
STM-2 Page 3
ARTICLE 10 AMEND ZONING BYLAW-SHORT TERM RENTALS
To see if the Town will vote to amend the Zoning Bylaw to regulate short term rentals; or act in any other manner in
relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would amend the Zoning Bylaw to regulate short term rentals.
ARTICLE 11 AMEND ZONING BYLAW-SITE PLAN REVIEW
To see if the Town will vote to amend the Zoning Bylaw of the Town of Lexington to amend applicability of,
exceptions to, and notice requirements for site plan review; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would adjust the existing exceptions to site plan review to require review when parking
areas are significantly expanded, limit it for small changes to large buildings, and modernize notice requirements.
ARTICLE 12 AMEND ZONING BYLAW-FINANCIAL SERVICES
To see if the Town will vote to amend the Zoning Bylaw of the Town of Lexington regarding the regulation of
financial,drive-up, and auto-oriented services; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would adapt a variety of financial services regulations to be consistent with current
industry practice and regulate drive-up and auto-oriented service uses consistently.
ARTICLE 13 AMEND ZONING BYLAW-SOLAR ENERGY SYSTEMS
To see if the Town will vote to amend the Zoning Bylaw to reduce restrictions on solar energy systems; or act in any
other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would encourage construction of solar energy systems by exempting these systems
from certain existing setback, height, site coverage, and roof coverage standards, and permitting them in all districts.
ARTICLE 14 AMEND ZONING BYLAW-WIRELESS
COMMUNICATION FACILITIES
To see if the Town will vote to amend the Zoning Bylaw to conform to changes in federal law and regulations
regarding wireless communication facilities, including streamlining permitting processes and standards, adding
design guidelines; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would update the Zoning Bylaw to reflect changes in federal law and regulations
regarding wireless communication facilities. Proposed changes include streamlining permitting of wireless facilities
on private property to meet federal `shot clock' deadlines by not requiring special permits and expanding acceptable
justifications for adding new facilities.
ARTICLE 15 AMEND ZONING BYLAW-TECHNICAL CORRECTIONS
To see if the Town will vote amend the Zoning Bylaw to correct internal references,remove unreferenced definitions,
and reformat sections of the Bylaw to help clarify the intent of the Bylaw; or act in any other manner in relation
thereto.
STM-2 Page 4
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: These changes are clerical in nature and are not intended to change interpretation of the Zoning
bylaw in any substantive way.
ARTICLE 16 AMEND ZONING BYLAW AND MAP-HARTWELL
AVENUE AREA(Citizen Petition)
To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to alter and supplement dimensional and
other standards for the CM district to permit additional development; rezone lots not used for residential purposes
near Hartwell Avenue and southwest of Bedford Street into the CM or GC districts; or act in any other manner in
relation thereto.
(Inserted by the Select Board on behay'of Charles Hornig and 9 or more registered voters)
DESCRIPTION: The changes proposed under this article would allow additional desirable commercial development
along Hartwell Avenue and Bedford Street.
ARTICLE 17 AMEND THE ZONING BYLAW AND MAP-BEDFORD
STREET NEAR HARTWELL AVENUE (Citizen Petition)
To see if the Town will vote to amend the Zoning Map to rezone lots not used for residential purposes northeast of
Bedford Street near Hartwell Avenue into the CM and TMO-1 districts, or act in any other manner in relation thereto.
(Inserted by the Select Board on behalf of Charles Hornig and 9 or more registered voters)
DESCRIPTION: This article would expand the CM (manufacturing) and TMO-1 (transportation management
overlay) districts by moving the#475 (Boston Sports Club)Bedford Street property into the existing CM and TMO-
I districts to allow additional commercial development.
ARTICLE 18 AMEND ZONING BYLAW-FRONT YARD,TRANSITION,AND
SCREENING AREAS (Citizen Petition)
To see if the Town will vote to amend the Zoning Bylaw to regulate front yard,transition, and screening areas along
streets consistently within each district, or act in any other manner in relation thereto.
(Inserted by the Select Board on behalf of Charles Hornig and 9 or more registered voters)
DESCRIPTION: The changes proposed under this article would allow consistent streetscapes within a zoning district
by requiring consistent front yard, transition, and screening areas along a street independent of the zoning district of
lots across the street.
And you are directed to serve this warrant fourteen days at least before the time of said meeting as provided in the
Bylaws of the Town. Hereof fail not, and make due return on this warrant, with your doings thereon,to the Town
Clerk, on or before the time of said meeting.
Given under our hands at Lexington this 14"' day of September 2020.
Select Board
of
Lexington
A true copy, Attest:
Constable of Lexington
STM-2 Page 5
i3�Nb��yg�
G
Town of Lexington
og
MODERATOR
DEBORAH BROWN
APAILl9
SPECIAL TOWN MEETING 2020-2
Appendix A
August 20,2020
Delivered to Select Board via email
Dear Select Board Members,
In view of the ongoing COVID-19 pandemic and the ongoing federal, state and local advisories to practice social
distancing and avoid the congregation of crowds, I request approval to conduct Lexington's upcoming Fall Special
Town Meeting, scheduled to commence October 14, 2020, through remote participation. I propose to use a
combination of. (1)the Zoom videoconferencing platform, (2)the online VVoter module provided by our electronic
voting vendor,Option Technologies OR comparable online voting tool developed by Select Board member Joe Pato,
and(3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate.
I certify that,with the assistance of Select Board Chair Doug Lucente,Select Board member Joe Pato,Town Meeting
Members' Association Chair Ben Moroze, and members of Town staff, I have tested all components of the system
described above and am satisfied that this system will enable our meetings to be conducted in substantially the same
manner as if they had occurred in person at a physical location. I certify that the system (i) allows the moderator,
town meeting members, town officials and any other interested members of the public to identify and hear the
moderator and each town meeting member who attends and participates in the remote meeting, as well as any other
individuals who participate in the meeting; (ii) provides the ability to determine whether a quorum is present; (ill)
allows participants to request recognition by the moderator and makes such requests visible to the meeting
participants and the public; (iv) allows the moderator to determine when a town meeting member wishes to be
recognized to speak, make a motion, or raise a point of order or personal privilege; (v) enables the moderator to
recognize a town meeting member, town official or other individual and enable that person to speak; (vi) provides
the ability to conduct a roll call or electronically recorded vote; (vii) allows any interested members of the public to
access the meeting remotely through LexMedia for purposes of witnessing the deliberations and actions taken at the
town meeting; (viii) allows members of the public to participate in debate through the submission of statements for
or against a motion; and(ix)provides for the town meeting to be recorded and available for future viewing. I further
confirm that I have consulted with Lexington's Commission on Disability regarding system accessibility.
Sincerely,
Deborah Brown
Town Moderator
1625 MASSACHUSETTS AVENUE •LEXINGTON,MASSACHUSETTS 02420
STM-2 Page 6
TOWN OF LEXINGTON WARRANT
SPECIAL TOWN MEETING 2020-3
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables or Town Clerk of the Town of Lexington,in said County, Greetings:
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of
Lexington qualified to vote in elections and in Town affairs to meet by means of the audio/video conferencing
platform described more particularly below on October 14, 2020 at 7:30pm, at which time and place the following
articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter
215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as
amended.
Pursuant to Chapter 92 of the Acts of 2020,the Town Meeting shall be held remotely by the means requested by the
Moderator as follows:
Town Meeting members will attend and vote by logging into: (1)the Zoom videoconferencing platform, (2)the
online VVoter module provided by our electronic voting vendor, Option Technologies OR comparable online
voting tool developed by Select Board member Joe Pato, and(3) an online queuing function developed by Select
Board member Joe Pato to facilitate the process of debate. Other Town residents who wish to follow the
proceedings may do so via LexMedia at https://www.youtube.com/user/LexMediaMATV. Residents who wish to
participate in the Meeting may contact the Town Clerk's Office at clerkglexingtonma.gov and by completing the
online form at www.LexingtonMA.,gov/Fa112020STM .
For more information,please see the Moderator's letter dated September 1, 2020 to the Select Board attached to this
warrant as Special Town Meeting 2020-3 Appendix A.
ARTICLE 1 REPORTS OF TOWN BOARDS, OFFICERS
AND COMMITTEES
To receive the reports of any Board or Town Officer or of any Committee of the Town; or act in any other manner in
relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town
Meeting session by boards, officers, or committees.
ARTICLE 2 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS
To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior
years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unkriown at press time
DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the
goods were received or the services performed and for which no money was encumbered.
STM 2020-3 Page 1
ARTICLE 3 ESTABLISH,DISSOLVE AND APPROPRIATE TO AND FROM
SPECIFIED STABILIZATION FUNDS
To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from
Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter 40 for the purposes of:
(a) Section 135 Zoning By-Law; (b) Traffic Mitigation; (c) Transportation Demand Management/Public
Transportation; (d) Special Education; (e) Center Improvement District; (f) Debt Service; (g) Transportation
Management Overlay District; (h) Capital; (i) Payment in Lieu of Parking; 0) Visitor Center Capital Stabilization
Fund; (k) Affordable Housing Capital Stabilization Fund; (1) Water System Capital Stabilization Fund; and (m)
Ambulance Stabilization Fund; determine whether such sums shall be provided by the tax levy, by transfer from
available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to establish, dissolve, and/or fund Stabilization Funds for specific purposes
and to appropriate funds therefrom. Money in those funds may be invested and the interest may then become a part
of the particular fund. These funds may later be appropriated for the specific designated purpose by a two-thirds vote
of an Annual or Special Town Meeting, for any lawful purpose.
ARTICLE 4 RESCIND PRIOR BORROWING AUTHORIZATIONS
To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles;
or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt that is no longer
required for its intended purpose.
ARTICLE 5 AMEND FY2021 OPERATING,ENTERPRISE AND
CPA BUDGETS
To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money
appropriated under Articles 4, 5, 9 and 10 of the warrant for the 2020 Annual Town Meeting to be used during the
current fiscal year, or make any other adjustments to the current fiscal year budgets and appropriations that may be
necessary; to determine whether the money shall be provided by tax levy, by transfer from available funds including
the Community Preservation Fund or by combination of any of these methods; or act in any other manner in relation
thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year(FY2021) appropriations.
ARTICLE 6 AMEND POST EMPLOYMENT INSURANCE
LIABILITY FUND
To see if the Town will vote to make supplementary appropriations, to the Town of Lexington Post Retirement
Insurance Liability Fund, to be used in addition to appropriations made pursuant to Article 17 of the 2020 Annual
Town Meeting during the current fiscal year, or make any other adjustments to the current fiscal year budgets and
appropriations regarding post-employment benefits that may be necessary; determine whether the money shall be
STM 2020-3 Page 2
provided by the tax levy, by transfer from available funds,including enterprise funds, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This article will allow the Town to continue to fund its liability for post-employment benefits for
Town of Lexington retirees. Beginning with the FY2007 audit, the Town was required to disclose this liability.
Special legislation establishing a trust fund for this purpose was enacted in 2002.
ARTICLE 7 LAND ACQUISITION
To see if the Town will vote to authorize the Select Board to purchase,take by eminent domain, or otherwise acquire
for Open Space, Community Housing and Preservation of Historic Resources a particular parcel or parcels of land;
and to appropriate a sum of money therefor and determine whether the money shall be provided from the tax levy, by
transfer from available funds, including the Community Preservation Fund, or by borrowing, or by applying and
receiving funding from available grant sources to reimburse the Town for a portion of the purchase price of the
property; to enter into any contracts and agreements related to the application or the award of funds; or any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board at the Request of the Community Preservation Committee)
FUNDS REQUESTED: unknown at press time
DESCRIPTION: This article requests funds to purchase land.
ARTICLE 8 REDUCE LEGAL EXPENSES
(Citizen Petition)
This citizen's proposal is to reduce the appropriation in the line item 8120(legal expenses for the town) for fiscal year
2021 from the S410,000 to S110,000 and increase the amount appropriated for town in line item 8200(town manager
office and human resources) by $100,000. During FY 14-18 the town (exclusive of the school department) has
annually spent on average more than $620,000 in legal expenses. More than 80% of this legal work is of a routine
nature that could be done by in-house counsel.
(Inserted by the Select Board on behalf of Richard Neumeier and 9 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to hire in-house counsel for legal services for the Town
for fiscal year 2021. This proposal would reduce the appropriation in line item 8120, legal expenses for the Town,
from $410,000 to SI10,000 and increase the appropriation in line item 8200 of the Town Manager's budget by
$100,000.
And you are directed to serve this warrant fourteen days at least before the time of said meeting as provided in the
Bylaws of the Town. Hereof fail not, and make due return on this warrant,with your doings thereon, to the Town
Clerk, on or before the time of said meeting.
Given under our hands at Lexington this 14'day of September 2020.
Select Board
of
Lexington
A true copy,Attest:
Constable of Lexington
STM 2020-3 Page 3
-TAO
�. Town of Lexington
<; MODERATOR
DEBORAH BROWN
ApAt%91�
SPECIAL TOWN MEETING 2020-3
Appendix A
September 1,2020
Delivered to Select Board via email
Dear Select Board Members,
In view of the ongoing COVID-19 pandemic and the ongoing federal, state and local advisories to practice social
distancing and avoid the congregation of crowds, I request approval to conduct the proposed 2020-3 Special Town
Meeting, scheduled to commence October 14,2020,through remote participation.I propose to use a combination
of: (1)the Zoom videoconferencing platform, (2)the online VVoter module provided by our electronic voting
vendor, Option Technologies OR comparable online voting tool developed by Select Board member Joe Pato, and
(3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate.
I certify that, with the assistance of Select Board Chair Doug Lucente, Select Board member Joe Pato, Town
Meeting Members' Association Chair Ben Moroze, and members of Town staff, I have tested all components of
the system described above and am satisfied that this system will enable our meetings to be conducted in
substantially the same manner as if they had occurred in person at a physical location. I certify that the system(i)
allows the moderator,town meeting members,town officials and any other interested members of the public to
identify and hear the moderator and each town meeting member who attends and participates in the remote
meeting, as well as any other individuals who participate in the meeting; (ii)provides the ability to determine
whether a quorum is present; (iii) allows participants to request recognition by the moderator and makes such
requests visible to the meeting participants and the public; (iv) allows the moderator to determine when a town
meeting member wishes to be recognized to speak, make a motion, or raise a point of order or personal privilege;
(v) enables the moderator to recognize a town meeting member,town official or other individual and enable that
person to speak; (vi)provides the ability to conduct a roll call or electronically recorded vote; (vii)allows any
interested members of the public to access the meeting remotely through LexMedia for purposes of witnessing the
deliberations and actions taken at the town meeting; (viii) allows members of the public to participate in debate
through the submission of statements for or against a motion; and(ix)provides for the town meeting to be recorded
and available for future viewing. I further confirm that I have consulted with Lexington's Commission on
Disability regarding system accessibility.
Sincerely,
Deborah Brown
Town Moderator
1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420
STM-3 Page 4
TOWN OF LEXINGTON WARRANT
SPECIAL TOWN MEETING 2020-3
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables or Town Clerk of the Town of Lexington,in said County, Greetings:
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of
Lexington qualified to vote in elections and in Town affairs to meet by means of the audio/video conferencing
platform described more particularly below on October 14, 2020 at 7:30pm, at which time and place the following
articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter
215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as
amended.
Pursuant to Chapter 92 of the Acts of 2020,the Town Meeting shall be held remotely by the means requested by the
Moderator as follows:
Town Meeting members will attend and vote by logging into: (1)the Zoom videoconferencing platform, (2)the
online VVoter module provided by our electronic voting vendor, Option Technologies OR comparable online
voting tool developed by Select Board member Joe Pato, and(3) an online queuing function developed by Select
Board member Joe Pato to facilitate the process of debate. Other Town residents who wish to follow the
proceedings may do so via LexMedia at https://www.youtube.com/user/LexMediaMATV. Residents who wish to
participate in the Meeting may contact the Town Clerk's Office at clerkglexingtonma.gov and by completing the
online form at www.LexingtonMA.,gov/Fa112020STM .
For more information,please see the Moderator's letter dated September 1, 2020 to the Select Board attached to this
warrant as Special Town Meeting 2020-3 Appendix A.
ARTICLE 1 REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES
To receive the reports of any Board or Town Officer or of any Committee of the Town; or act in any other manner in
relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town
Meeting session by boards, officers, or committees.
ARTICLE 2 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS
To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior
years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the
goods were received or the services performed and for which no money was encumbered.
ARTICLE 3 ESTABLISH,DISSOLVE AND APPROPRIATE TO AND FROM
SPECIFIED STABILIZATION FUNDS
To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from
Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter 40 for the purposes o£
STM 2020-3 Page 1
(a) Section 135 Zoning By-Law; (b) Traffic Mitigation; (c) Transportation Demand Management/Public
Transportation; (d) Special Education; (e) Center Improvement District; (f) Debt Service; (g) Transportation
Management Overlay District; (h) Capital; (i) Payment in Lieu of Parking; 0) Visitor Center Capital Stabilization
Fund; (k) Affordable Housing Capital Stabilization Fund; (1) Water System Capital Stabilization Fund; and (m)
Ambulance Stabilization Fund; determine whether such sums shall be provided by the tax levy, by transfer from
available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to establish, dissolve, and/or fund Stabilization Funds for specific purposes
and to appropriate funds therefrom. Money in those funds may be invested and the interest may then become a part
of the particular fund. These funds may later be appropriated for the specific designated purpose by a two-thirds vote
of an Annual or Special Town Meeting, for any lawful purpose.
ARTICLE 4 RESCIND PRIOR BORROWING AUTHORIZATIONS
To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles;
or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt that is no longer
required for its intended purpose.
ARTICLE 5 AMEND FY2021 OPERATING,ENTERPRISE AND
CPA BUDGETS
To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money
appropriated under Articles 4, 5, 9 and 10 of the warrant for the 2020 Annual Town Meeting to be used during the
current fiscal year, or make any other adjustments to the current fiscal year budgets and appropriations that may be
necessary; to determine whether the money shall be provided by tax levy,by transfer from available funds including
the Community Preservation Fund or by combination of any of these methods; or act in any other manner in relation
thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year(FY2021) appropriations.
ARTICLE 6 AMEND POST EMPLOYMENT INSURANCE
LIABILITY FUND
To see if the Town will vote to make supplementary appropriations, to the Town of Lexington Post Retirement
Insurance Liability Fund, to be used in addition to appropriations made pursuant to Article 17 of the 2020 Annual
Town Meeting during the current fiscal year, or make any other adjustments to the current fiscal year budgets and
appropriations regarding post-employment benefits that may be necessary; determine whether the money shall be
provided by the tax levy,by transfer from available funds,including enterprise funds, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
STM 2020-3 Page 2
DESCRIPTION: This article will allow the Town to continue to fund its liability for post-employment benefits for
Town of Lexington retirees. Beginning with the FY2007 audit, the Town was required to disclose this liability.
Special legislation establishing a trust fund for this purpose was enacted in 2002.
ARTICLE 7 LAND ACQUISITION
To see if the Town will vote to authorize the Select Board or the Conservation Commission to purchase or otherwise
acquire, and authorize the Select Board to take by eminent domain, upon written request of the Conservation
Commission, any fee, easement, or conservation restriction, or other interest in all or any part of a particular parcel
of land to be identified prior to Town Meeting, for conservation purposes, including passive recreation, municipal
purposes, or affordable housing; and appropriate a sum of money therefor and determine whether the money shall be
provided by the tax levy, by transfer from available funds, including the Community Preservation Fund, or by
borrowing,or by applying for and receiving funding under the Local Acquisitions of Natural Diversity(LAND)Grant
Program pursuant to M.G.L. Chapter 132A, Section 11 of the Commonwealth of Massachusetts or any other grants
to reimburse the Town for a portion of the purchase price of the property described above;to enter into any contracts
and agreements related to the application or the award of funds; or any combination of these methods; or act in any
other manner in relation thereto.
(Inserted by the Board of Selectmen at the Request of the Community Preservation Committee)
FUNDS REQUESTED: unknown at press time
DESCRIPTION: This article requests funds to purchase land.
ARTICLE 8 REDUCE LEGAL EXPENSES
(Citizen Petition)
This citizen's proposal is to reduce the appropriation in the line item 8120(legal expenses for the town) for fiscal year
2021 from the $410,000 to $110,000 and increase the amount appropriated for town in line item 8200(town manager
office and human resources) by $100,000. During FY 14-18 the town (exclusive of the school department) has
annually spent on average more than $620,000 in legal expenses. More than 80% of this legal work is of a routine
nature that could be done by in-house counsel.
(Inserted by the Select Board on behalf of Richard Neumeier and 9 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to hire in-house counsel for legal services for the Town
for fiscal year 2021. This proposal would reduce the appropriation in line item 8120, legal expenses for the Town,
from $410,000 to $110,000 and increase the appropriation in line item 8200 of the Town Manager's budget by
$100,000.
And you are directed to serve this warrant fourteen days at least before the time of said meeting as provided in the
Bylaws of the Town. Hereof fail not, and make due return on this warrant,with your doings thereon, to the Town
Clerk, on or before the time of said meeting.
Given under our hands at Lexington this 14" day of September 2020.
Select Board
of
Lexington
A true copy,Attest:
Constable of Lexington
STM 2020-3 Page 3
-TAO
�. Town of Lexington
<; MODERATOR
DEBORAH BROWN
ApAt%91�
SPECIAL TOWN MEETING 2020-3
Appendix A
September 1,2020
Delivered to Select Board via email
Dear Select Board Members,
In view of the ongoing COVID-19 pandemic and the ongoing federal, state and local advisories to practice social
distancing and avoid the congregation of crowds, I request approval to conduct the proposed 2020-3 Special Town
Meeting, scheduled to commence October 14, 2020,through remote participation.I propose to use a combination
of: (1)the Zoom videoconferencing platform, (2)the online VVoter module provided by our electronic voting
vendor, Option Technologies OR comparable online voting tool developed by Select Board member Joe Pato, and
(3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate.
I certify that, with the assistance of Select Board Chair Doug Lucente, Select Board member Joe Pato, Town
Meeting Members' Association Chair Ben Moroze, and members of Town staff, I have tested all components of
the system described above and am satisfied that this system will enable our meetings to be conducted in
substantially the same manner as if they had occurred in person at a physical location. I certify that the system(i)
allows the moderator,town meeting members,town officials and any other interested members of the public to
identify and hear the moderator and each town meeting member who attends and participates in the remote
meeting, as well as any other individuals who participate in the meeting; (ii)provides the ability to determine
whether a quorum is present; (iii) allows participants to request recognition by the moderator and makes such
requests visible to the meeting participants and the public; (iv) allows the moderator to determine when a town
meeting member wishes to be recognized to speak, make a motion, or raise a point of order or personal privilege;
(v) enables the moderator to recognize a town meeting member,town official or other individual and enable that
person to speak; (vi)provides the ability to conduct a roll call or electronically recorded vote; (vii)allows any
interested members of the public to access the meeting remotely through LexMedia for purposes of witnessing the
deliberations and actions taken at the town meeting; (viii) allows members of the public to participate in debate
through the submission of statements for or against a motion; and(ix)provides for the town meeting to be recorded
and available for future viewing. I further confirm that I have consulted with Lexington's Commission on
Disability regarding system accessibility.
Sincerely,
Deborah Brown
Town Moderator
1625 MASSACHUSETTS AVENUE •LEXINGTON,MASSACHUSETTS 02420
STM-3 Page 4
Change to Article 7 wording: % Deleted:CURRENT
ARTICLE 7 LAND ACQUISITION Formatted:Font:(Default)Times New Roman,14 pt
To see if the Town will vote to authorize the Select Board or the Conservation- Formatted:Justified
Commission to purchase, or otherwise acquire, and authorize the Select Board to
take by eminent domain,upon written request of the Conservation Commission„any
fee, easement„ or conservation restriction„ or other interest in all or any part of a
particular parcel of land to be identified prior to Town Meeting„ for conservation
purposes„ including passive recreation„ municipal purposes„ or affordable housing-
and to appropriate a sum of money therefor and determine whether the money shall Deleted:or otherwise acquire for open space,Community
Housing and Preservation of Historic Resources a particular
be provided from the tax levy, by transfer from available funds, including the parcel or parcels of land;
Community Preservation Fund, or by borrowing, or by applying and receiving
funding under the Local Acquisitions of Natural Diversity(LAND) Grant Program
pursuant to M.G.L. Chapter 132A, Section 11 of the Commonwealth of
Massachusetts„ or any other rg ants to reimburse the Town for a portion of the Deieted:so,, avaiiaeie grant sources
purchase price of the property described above; to enter into any contracts and
agreements related to the application or the award of funds; or any combination of
these methods; or act in any other manner in relation thereto.
Inserted by the Select Board at the Request of the COM2M2uni2 y Preservation [l,
rmatted:Font:(Default)Times New Roman,14 pt,
Committee) fc
Formatted:Centered
FUNDS REQUESTED:unknown at press time Formatted:Font:(Default)Times New Roman,14 pt
DESCRIPTION: This article requests funds to purchase land
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discuss Scheduling Offsite Retreat on Select Board/Town Manager Operations
PRESENTER: ITEM
NUMBER:
Doug Lucente, Select Board Chair
I.9
SUMMARY:
This will be a discussion to see if the Board wants to discuss holding an off-site retreat on Board operations
and communications.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020 8:20pm
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Progress Update for Online Submission of Select Board License and Permit Applications
PRESENTER: ITEM
NUMBER:
Kim Katzenback, Executive Clerk
I.10
SUMMARY:
Kim Katzenback will provide an update regarding the progress towards online submission of Select Board
license and permit applications.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020 8:30pm
ATTACHMENTS:
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9/14/2020
1775
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APRIL1911
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF LEXINGTON
This is to certify that Common Man
1625 MASSACHUSETTS AVE, Lexington, MA 02420
IS HEREBY GRANTED A
COIKIMON V111C I U IIII IIII 111:11:11:11ilk's III IIII IIII °IIII IIII
in said Town of Lexington and at that place only and expires December 31, 2020 unless sooner suspended or revoked for violation
of the laws of the Commonwealth respecting the licensing of common victuallers. This license is issued in conformity with the
authority granted to the licensing authorities by General Laws, Chapter 140, and amendments thereto. Licensee agrees to comply
with all Town of Lexington ordinances and regulations.
Day of the Week:Hours of Operation:
Monday 1-9
Tuesday 1-9
Wednesday 1-9
Thursday 1-9
Friday 10AM-11 PM
Saturday 10AM-11 PM
Sunday Closed
Select Board Approval Date:August 25,2020
Chair Signature
0
This is an e-permit.To learn more,scan this harcode or visit
lexingtonma.viewpointcloud.com/#/records/38299
1/1
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Minutes
PRESENTER: ITEM
NUMBER:
Doug Lucente, Select Board Chair
L11
SUMMARY:
The minutes of the following Select Board meeting dates are ready for your review and approval:
• March 9, 2020 Select Board
• March 16, 2020 Select Board
• March 20, 2020 Select Board
• March 23, 2020 Select Board
• April 6, 2020 Select Board
• April 13, 2020 Select Board
• April 27, 2020 Select Board
• May 4, 2020 Select Board
• June 1, 2020 Select Board
• June 3, 2020 Select Board
• June 8, 2020 Select Board
• June 23, 2020 Select Board
SUGGESTED MOTION:
Move to approve the minutes of:
• March 9, 2020 Select Board
• March 16, 2020 Select Board
• March 20, 2020 Select Board
• March 23, 2020 Select Board
• April 6, 2020 Select Board
• April 13, 2020 Select Board
• April27, 2020 Select Board
• May 4, 2020 Select Board
• June 1, 2020 Select Board
• June 3, 2020 Select Board
• June 8, 2020 Select Board
• June 23, 2020 Select Board
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020 8:40pm
ATTACHMENTS:
Description Type
D DRAFT'March 11,2.02.0 Se.k-,ct Lioard Kackup Materkn.J
D DRAFI'Mmch V6,2,(Y20 Select ILkmrd 13ucbp matenal
D DRAI,"I'March 2,0,2,(Y2,0 Sck.,,ct IBoard BacLlp matenal
D IDRAFTIMarch 23,209,01 Select If )ard Lku.,Lp Matenal
D DRAFT'AprA 6,2020 Sek.,ct Bmu-d Lkh.,,kup Matenal
D DRAFT'Aprd 13,2020 SeLet Eloard 11h.,,kup Matefial
D DR ape'T'ApH 27,2020 Sckn-,t Board Kackup MateriaJ
D DRAFI'May rov Wcbp madenal
D I.Xafi June 1,2020 Sek,,ct R),Ard Bou'Up ma[enal
D ]DRAFTAme3,2020 Sclect IBoaard Lkickup Matenal
D DRAFF June 8,2020 Sek.,ct Board re", Llkh.,,kup Matenal
D DRAFT'June 23,2022 Select board 111h,Iku2 Matefial
SELECT BOARD MEETING
March 9, 2020
A meeting of the Lexington Select Board was called to order at 6:30 p.m. on Monday, March 9,
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; Ms.
Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
EXECUTIVE SESSION
Upon a motion duly made and seconded by roll call, the Select Board voted 5-0 to go into
Executive Session under Exemption 6 to consider purchase, exchange, lease or value and of Real
Estate- Historical Society Parking Parcel-Edison Way; and further under Exemption 3: to discuss
strategy regarding the Public Employee Committee (PEC) Contract Renewal. Ms. Barry recused
herself from the executive session discussion for exemption 3 PEC contract renewal.
Upon exiting Executive Session, a short recess was called and Open Session reconvened at 6:53
p.m. Ms. Barry rejoined the meeting.
Mr. Lucente amended the order of the agenda for the Board to address the consent agenda items.
CONSENT AGENDA
1. Request for Use of Battle Green - Lexington Historical Society's Battle of Lexington
Reenactment for Children
Upon a motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve a license
for the Lexington Historical Society to use the Battle Green on Wednesday, April 22, 2020 from
9:30 a.m.to 2:30 p.m. for the purpose of their annual Battle of Lexington Reenactment for children.
Police, Fire, and DPW have no objections to this request.
2. Approve Meeting Minutes
Upon a motion duly made and seconded, the Select Board voted 5-0 to approve, but not release,
the Executive Session minutes of July 22, 2019 and August 5, 2019.
Mr. Lucente returned to the order of the agenda.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
Ms. Hai:
• The Battle Road Scenic Byway Committee will be meeting this week to discuss the next
steps after being awarded funding from the MAPC for the committee's application for
federal scenic byway status.
• MAGIC met last week at which Amy Dain, Dain Research, Consultant for MAPC, made a
presentation regarding multifamily zoning and housing opportunities in greater Boston
area. Ms. Dain recommended that towns should all be looking to reform the approval
process in order to create flexibility and predictability that we should zone more land to
multifamily use; should allow multifamily housing next to mixed use hubs as opposed to
isolated; should be create more housing in the centers of our communities in near transit
plant transit areas and planning for connected growth nodes when we do permit things
along the edges.
• Lexington Human Rights committee met on March 6,2020 providing the following update:
The screening of film I'm not a racist and discussion will be held on March 25, 2020 6:30
p.m. at Lexington High School and Parent Academy program is being held on March 14,
2020, 9:30 a.m.
Mr. Pato:
• Attended the MMA transportation and DPW policy committee meeting planning for
lobbying for the transportation bond bill, which was voted on Thursday in the afternoon,
and reviewing the transportation budget bill, which included chapter 90 funding increases
to $300 million a year approved by the House and still has to go to the Senate.
Mr. Lucente:
• Represented the Board at the March 7, 2020 Moderators workshop for new town meeting
members.
• He and Ms. Barry attended the March 4, 2020 the LexRecNeeds a community forum held
to engage with the public to better understand the community's needs as it relates to parks,
recreation programs, open space and facilities in Lexington.
• Attended the March 6, 2020 Enterprise Bank ribbon cutting on behalf of the
• Announced the Thursday, March 12, 2020 forum regarding the Corona virus to be held
from 6:00 p.m. — 7:30 p.m. giving the community an opportunity to ask questions on how
the Town is addressing the Corona virus.
Ms. Barry:
• Reported the LexRecNeeds stakeholder group will be meeting approximately every four to
six weeks to shepherd the process of developing a strategic action plan that will help drive
short and long-term decision making for our parks, recreation programs,open space and
facilities and will reflect the community's values.
TOWN MANAGER REPORT
Mr. Malloy stated that in addition to providing the March 12, 2020 community forum, the Town
will provide regular updates posted to the Town's website regarding steps being taken to prevent
and respond to the Corona Virus.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Update on Hazard Mitigation Plan Resolution
This item was postponed until the March 16, 2020 Select Board meeting.
2. Update from Communications Advisory Committee Regarding Public, Educational, and
Government (PEG) Access Provider Procurement
Mr. Ken Pogran, Chair Communication Advisory Committee (CAC) presented an update to the
Board regarding the Town's, the Town's Public, Educational, Government (PEG)provider status.
He stated the contract with LexMedia, current PEG provider, is due to expire at the end of June
2020. Mr. Pogran said the Communications Advisory Committee's two previous performance
evaluations of LexMedia have been favorable and the CAC is recommending a grant approach for
a contract renewal with LexMedia. He explained this approach was suggested by Ms. Mancini,
Lexington Purchasing Director, and reviewed with the Town Manager and Town Counsel.
Further, Mr. Pogran said, to date, the PEG Access contract has been fully funded by the Town's
receipt of the 5% franchise fee that's assessed on cable television revenues from our three
Lexington cable TV providers, RCN, Verizon and Comcast. Mr. Pogran explained this future
revenue stream for PEG Access funds will be negatively impacted by regulatory and technology
changes. In order to keep PEG Access services at or near current levels, the Town one day may
need to consider appropriating money to the PEG Access fund account.
The Board was in support of the grant agreement approach for the contract renewal.
Mr. Jim Shaw, Chairman of LexMedia Board, stated he looks forward to working with the Town
in the efforts towards a contract renewal.
3. Update on Police Station Location
Mr. Lucente stated the agenda item tonight is a follow up to the ongoing discussions related to the
location of the proposed new Police Station to get confirmation from the Historic District
Commission (HDC) that they would consider a design that includes demolition of the entire
existing police station and construction of an entirely new building. Mr. Lucente updated the Board
that the HDC voted unanimously at their March 5, 2020 meeting to consider demolition consistent
with their guidelines and they will be forwarding a letter citing this to the Select Board.
General Board discussion ensued. Based on the anticipated reduction in cost due to a complete
replacement of the existing police station and the confirmation from the HDC that they would
accept demolition as part of the new design, the Board was in agreement to proceed with design
work for the police station to be at 1575 Massachusetts Avenue rather than at 173 Bedford Street.
Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the location of
new police station to be at 1575 Massachusetts Avenue.
4. Memorandum of Understanding (MOU) for 1050 Waltham Street
Mr. Malloy stated he has been negotiating the 1050 Waltham Street Memorandum of
Understanding agreement between the Town and BH GRP 1050 Waltham Owner LLC and
obtained input from the Select Board and has incorporated some comments received from resident
groups. Mr. Malloy said the MOU provides for the following:
• Bicycle parking + locker room/shower facilities for employees
• $2,000 per parking space (over existing) for the parking garage estimated payment of
$360,000 up to $416,000 parking spaces and then $4,000 per parking space up to a
maximum of 475 which would generate another $236,000. $5,000 per year to Lexpress
Shuttle service for employees that will be available for at least a six month trial period
when there are vacant seats to residents (at a charge) - this was requested at the last Select
Board meeting by residents.
• A range of transportation mitigation under item(4) TDM Obligations.
• Pedestrian safety improvements
• Traffic mitigation potential of an additional $50,000 if studies indicate additional
transportation improvements are necessary or if the Town prefers to use the funds for
transit programs.
• Trails connecting to Brookhaven
0 $5,000 per year for trail maintenance and management
0 $5,000 per year for each laboratory tenant
• 10+10 EV Charger Stations
• Solar PV canopy on the garage roof, if operationally and financially feasible
Mr. Malloy stated the Planning Board unanimously approved of the project at their March 4, 2020
meeting.
Ms. Barry asked why the sentence on page seven of the MOU, in Section VII-Sustainability which
reads: "Furthermore, the Owner will review and evaluate the Project in comparison to the
integrated building and design policy that has been adopted by the Sustainable Lexington
Committee"has been added to the MOU. She said she feels it is not appropriate for the MOU as
it is a joint policy of the Select Board and School Committee applicable to municipal and school
buildings.
Mr. Kevin Sheehan, Managing Partner, Greatland Realty Partner, explained BH GRP 1050
Waltham Owner LLC was looking for any suggestions of how to convey their commitment to
sustainability in the MOU. He said it was a recommendation from the Town's Sustainability
Committee to include a sentence in the MOU that BH GRP 1050 Waltham Owner LLC would use
the integrated building and design policy as a guide.
After Board discussion, it was agreed to amend the sentence to accurately reflect the policy in the
MOU to now read: Integrated Building and Construction Policy that has been adopted by Select
Board and School Committee.
Mr. John Howard, Resident of Brookhaven, expressed concern regarding the maximum height of
the proposed building and concern of shadowing effects upon Brookhaven.
Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Memorandum
of Understanding between the Town of Lexington and BH GRP 1050 Waltham Owner LLC as
amended.
5. Discuss WWII Memorial Plaque for Cary Memorial Building
The Board reviewed the Citizen World War II Commemoration Group's request that a memorial
plaque be allowed to be installed in Cary Memorial Building (next to the existing World War I
memorial plaque) to recognize the 62 Lexingtonians who died in Service in World War II. The
Town's Monuments and Memorial Committee submitted a memo recommending proceeding with
the commemoration plaque and temporary plaque.
Upon a motion duly made and seconded, the Select Board voted 5-0 to approve proceeding with
the recommendation of the Monument and Memorials Committee for the placement of a plaque in
the Cary Memorial Building with the names of 62 Lexingtonians, all residents of Lexington at the
time of their enlistment, who died in service in World War II and that such plaque be installed in
the Cary Memorial Building to serve as an appropriate companion piece to the existing World War
I plaque and that said plaque be of comparable design, materials, and scale to the existing World
War I plaque. The Monuments and Memorials Committee further endorses the goal of placing a
temporary "placeholder" plaque as part of the Memorial Day 2020 observance, with the formal
dedication of the finished plaque to be held on Veterans Day, November 11, 2020.
6. Discovery Day Street Fair 2020 Request
Upon a motion duly made and seconded, the Select Board voted 5-0 to approve restricting
vehicular access in the following areas for the 4 1"annual Discovery Day Street Fair to be held on
Saturday, May 23, 2020 from 6:00 a.m. to 5:00 p.m. on Massachusetts Avenue, from Waltham
Street to Meriam Street (both sides); and Muzzey Street, from Massachusetts Avenue to the first
private driveway; and Massachusetts Avenue.
Upon a motion duly made and seconded, the Select Board voted 5-0 to approve parking a flatbed
truck, with a banner publicizing Discovery Day, in Lexington Center on Massachusetts Avenue in
two metered parking spaces in front of Depot Square, starting on Friday, May 15, 2020 and ending
at the conclusion of Discovery Day.
Upon a motion duly made and seconded, the Select Board voted 5-0 to approve free parking at the
Central Business District parking meters, and not charge for parking in the Depot Lot on Discovery
Day.
These Select Board approvals for the 2020 Discovery Day Street Fair are subject to working out
the details with the Town Manager's Office, Department of Public Works, and Lexington Police
Department staff.
7. Board Participation in Discovery Day Street Fair 2020
Mr. Lucente said last year, the Board hosted a shared "Elected Officials" booth, along with the
School Committee and the Planning Board at the Discovery Day Street Fair. The Board discussed
and confirmed its desire to participate in the Saturday, May 23, 2020 Discovery Day program. The
Board agreed to invite other elected boards to participate in this booth.
8. LexHAB Request for Use of Affordable Housing Stabilization Funds Under 2020 ATM
Warrant Article 19
Mr. Malloy stated LexHab has requested use of Affordable Housing Stabilization Funds that are
derived from an annual payment from Brookhaven to use for upgrades to LexHab units. This is on
the agenda for the Select Board to discuss this use of the Brookhaven funds.
Mr. Robert Burbidge, Chair Lexington Housing Assistance Board (LexHab), stated that
approximately 32 projects have been identified as needing upgrades for LexHab units, such as new
flooring,roofing, carpet, flooring repairs,replacements,which fall within the definition of a capital
improvement.
Select Board members expressed that they feel requests such as this should be submitted more
formally.
Ms. Barry read a letter which was emailed to her by Mr. Bob Pressman of Locust Avenue which
included the following statement: "Please provide a clear explanation of the public processor in
detail the other process deemed lawful by which the proposed recipient of the first Brookhaven
payment was identified. If that step has occurred, if it has not occurred, how and when will that
determination be made before town meeting?
General Board discussion ensued. The Board expressed support for LexHab's request to use
Affordable Housing Stabilization Funds. Mr. Malloy said the request would be placed on an
upcoming Board agenda for a Board vote.
9. 2020 Annual Town Meeting
• Update Article 28-Amend General Bylaw-Noise Control Citizen Petition.
Ms. Varda Haimo presented a proposed motion for Article 28-Amend General Bylaw-Noise
Control Citizen Petition. Ms. Haimo stated the proposed motion requests the bylaw be amended
by inserting § 80-8 Noise Mitigation Plan for Construction. Ms. Haimo stated a new section being
proposed for Noise control would implement a requirement for submission of a noise mitigation
plan prior to the issuance of a building permit for construction projects in residentially zoned areas
where the project entails rock removal with heavy machinery, including ledge removal, rock
pounding,rock crushing, rock drilling or rock cutting; and such activities are forecast to take place
on more than fifteen days over the course of the project.
• Review Draft Select Board Report.
The Board reviewed the draft Select Board Report to Annual Town Meeting. Ms. Barry will write
an update regarding the Center Streetscape project and submit it to the Select Board Office staff
for inclusion into the draft report. The updated draft report will be included on the March 16, 2020
Board agenda for approval.
• Annual Town Meeting Article Discussion/Positions/
The resulting chart from the Board position discussion for the 2020 Annual Town Meeting articles
is appended to the end of these minutes.
10. Select Board Committee Appointments
Lexington Council for the Arts
Upon a motion duly made and seconded, the Select Board voted 5-0 to appoint Shalini Kakar to
the Lexington Council for the Arts with a term expiration date of September 30, 2022.
• Historic Districts Commission Associate
Ms. Hai recused herself for the discussion and appointment for the open Historic Districts
Commission Associate member position as a family member application is being considered.
Upon a motion duly made and seconded, the Select Board voted 4-0 to appoint Daniel Hisel to
Historic Districts Commission Associates to the unexpired term ending December 31, 2022.
Ms. Hai rejoined the meeting.
ADJOURN
Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at
10:14 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Select Board Article Position as of March 9, 2020 for
2020 Annual Town Meeting
ARTICLES SELECT IP CNSN DL JP S J MS
BOARD T B H
PRSNTR
AT ATM
DL Y W W
Article
2 Select Board Report
Article DL Y Y Y Y Y
4 Appropriate fy2021 operating budget
Article MS Y Y Y Y Y
5 Appropriate fy2021 enterprise funds budgets
Article JP Y Y Y Y Y
6 Establish qualifications for tax deferrals
Article Petition general court to amend legislation JP Y Y Y Y Y
7 regarding tax deferrals
Article JH W Y Y W Y
8 Short term rental impact fee
Article Establish and continue departmental revolving JH Y Y Y Y Y
9 funds
Article Appropriate the fy2021 community preservation
10 committee operating budget and cpa projects
a) Archives&Records Management/Records CNSN Y Y Y Y Y
Conservation&Preservation-$20,000-consent T
b) Restoration of Margaret Lady of Lexington Y Y Y Y Y
Painting-$9,000-
c) Battle Green Master Plan-Phase 3- Y Y Y Y Y
$317,044
d) Conservation Land Acquisition-IP IP CNSN IP IP IP IP IP
JP T
e) Daisy Wilson Meadow Preservation- CNSN Y Y Y Y Y
$22,425—consent T
Y Y Y Y Y
f) Wright Farm Site Access Planning and
Design-$69,000
g) Athletic Facility Lighting-$450,000 Y Y Y Y Y
h) Park Improvements-Hard Court Y Y Y Y Y
Resurfacing-Valley Tennis Courts-$100,000
i) Park and Playground Improvements- Y Y Y Y Y
Sutherland Park-$95,000
j) Park Improvements-Athletic Fields- Y Y Y Y Y
Harrington, Bowman, and Franklin Field-$370,000
k) Parker Meadow Accessible Trail Y Y Y Y W
Construction-$551,026
1)Lexington Housing Authority-Greeley Village Y Y Y Y Y
Community Center Preservation- $130,000
m) LexHAB- 116 Vine Street Design Funds- Y Y Y Y Y
$100,000
CNSN Y Y Y Y Y
n) CPA Debt Service- $3,016,730 -consent T
CNSN Y Y Y Y Y
o) Administrative Budget- $150,000-consent T
Article
11 Appropriate for recreation capital projects
a) Pine Meadows Club House Renovation Y Y Y Y W
SB
CNSN Y Y Y Y Y
b) Pine Meadows Equipment-consent T
Article Appropriate for municipal capital projects and
12 equipment
a) Ambulance Replacement Y Y Y Y Y
b) Athletic Fields Feasibility Study Y Y Y Y Y
CNSN Y Y Y Y Y
c) Hydrant Replacement Program-consent T
d) Storm Drainage Improvements and Y Y Y Y Y
NPDES compliance
CNSN Y Y Y Y Y
e) Sidewalk Improvements-consent T
f) Equipment Replacement Y Y Y Y Y
g) Townwide Signalization Improvements- CNSN Y Y Y Y Y
consent T
CNSN Y Y Y Y Y
T
h) Street Improvements-consent
i) New Sidewalk Installations Y Y Y Y Y
JH CNSN Y Y Y Y Y
j) Transportation Mitigation-consent T
CNSN Y Y Y Y Y
T
k) Municipal Technology Improvement
Program—consent
CNSN Y Y Y Y Y
T
1) Application implementation-consent
CNSN Y Y Y Y Y
T
m) Phone Systems&Unified
Communications-consent
Article Appropriate for water system improvements- MS CNSN Y Y Y Y Y
13 consent T
Article Appropriate for wastewater system improvements- MS CNSN Y Y Y Y Y
14 consent T
Article Appropriate for school capital projects and SB Y Y Y Y Y
15 equipment
Article Appropriate for public facilities capital projects
16
DL
a) Police Outdoor/Indoor Firing Range- W Y W Y W
Hartwell Avenue
b) Center Recreation Complex Bathrooms& Y Y Y Y Y
Maintenance Building Renovation
c) Public Facilities Master Plan Y Y Y Y W
d) LHS Science Classroom Space Mining Y Y Y Y Y
e) Townwide Roofing Program Y Y Y Y Y
f) School Building Envelopes and Systems- CNSN Y Y Y Y Y
consent T
g) Municipal Building Envelopes and CNSN Y Y Y Y Y
Systems-consent T
h) Facility and Site Improvements-consent CNSN Y Y Y Y Y
T
• Building Flooring Program
• School Paving&Sidewalks Program
CNSN Y Y Y Y Y
i) Public Facilities Bid Documents-consent T
j) Public Facilities Mechanical/Electrical CNSN Y Y Y Y Y
System Replacements- consent T
Art. 16 SB Y Y Y Y Y
Cont. k) Westview Cemetery Building Construction
Article Appropriate to post employment insurance liability JH Y Y R Y Y
17 fund
SB CNSN Y Y Y Y Y
T
Article
18 Rescind prior borrowing authorizations- consent
Article Establish,dissolve and appropriate to and from JP Y Y Y Y Y
19 specified stabilization funds
Article Appropriate from debt service stabilization fund- DL CNSN Y Y Y Y Y
20 consent T
Article MS Y Y Y Y Y
21 Appropriate for prior years' unpaid bills
Article Amend FY2020 operating, enterprise and CPA DL Y Y Y Y Y
22 budgets
Article JH W W W W W
23 Appropriate for authorized capital improvement
Article SB N N N N N
24 Reduce legal expenses(citizen petition)
Article DL W W W W W
25 Purchase of land/eminent domain
Article Amend historic districts commission enabling SB Y Y Y Y Y
26 legislation
Article Amend general bylaws-noise construction limits MS Y Y Y Y Y
27
Article Amend general bylaws-noise control(citizen JP W Y W Y W
28 petition)
Article MS Y Y Y W Y
29 Declare climate emergency(citizen petition)
Article SB W W W W W
30 Land exchange(citizen petition)
Article Amend general bylaws-demolition delay(citizen DL IP IP IP IP IP IP
31 petition)-IP
Article Extend Hancock-Clark historic district(citizen DL IP IP IP IP IP IP
32 petition)-IP
Article Amend general bylaws-running bamboo control JP Y Y W Y W
33 (citizen petition)
Article Authorize special legislation-development JH W Y W W W
34 surcharge for community housing(citizen petition)
Article Amend zoning bylaw-distance from basement, slab DL Y Y Y Y Y
35 or crawl space and groundwater
JH Y Y Y Y Y
Article
36 Amend zoning bylaw-short term rentals
Article JP W W W W W
37 Amend zoning bylaw-site plan review
Article SB Y Y Y Y Y
38 Amend zoning bylaw-financial services
Article MS W Y W W W
39 Amend zoning bylaw-solar energy systems
Article Amend zoning bylaw-wireless communication MS W Y W W W
40 facilities
Article JH Y Y Y Y Y
41 Amend zoning bylaw-technical corrections
Article Amend zoning bylaw and zoning map, 1040-1050 JP Y Y Y Y Y
42 Waltham Street(owner petition)
Article Amend zoning bylaw and map-Hartwell Avenue SB W W W W W
43 area(citizen petition)
Article Amend the zoning bylaw and map-Bedford street MS W W W W W
44 near Hartwell Avenue(citizen petition)
Article DL Y Y W W W
A Amend zoning bylaw-front yard,transition,and
screening areas(citizen petition)
Article Amend zoning bylaw-gross floor area(citizen JH IP IP IP IP IP IP
46 petition)
Select Board Meeting
Monday, March 16, 2020
An Emergency meeting of the Lexington Select Board was called to order at 2:00 p.m. on Monday,
March 16, 2020 in the 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; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
Also present were Mr. Mina Makarious, Town Counsel, Anderson& Kreiger LLP; Ms. Deborah
Brown, Town Moderator; and Dr. Julie Hackett, School Superintendent.
This meeting was originally publicly posted for March 16, 2020 7:00 p.m. meeting and was
reported as an Emergency meeting for March 16, 2020 to be held at 2:00 p.m. to include an
additional Item: Emergency Response to Coronavirus (COVID-19).
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Emergency Response to Coronavirus (COVID-19)
• Discuss Strategies, Implementation and Community Response action related to Covid-19
Guidelines and Directives
Mr. Malloy reported that there are currently six presumptive positive Covid-19 cases in the Town
of Lexington, sixteen are on quarantine and three are now off quarantine.
Mr. Malloy read the following Public Health Information Bulletin dated March 16, 2020:
Town Services/Operations:
Schools, Library and Community Center and Temporary Visitors Center are closed to the public
for three weeks (so that their schedules correspond).
As of today's date, we are posting that all playgrounds will be closed and that residents may use
parks at their own risk, we are emphasizing that this is not a Spring Break and residents, parents
and students need to understand the risk of playing group sports. The reason schools are closed
and many offices are closing is due to the risk of infection, created by close contact and group
sports (note the MLB, NBA, NHL, NCAA, etc.) should not be played at this time. We will not be
patrolling these areas, signage will be installed and caution tape will be put up around all
playgrounds. The golf course remains open at this time, since these are small groups, but this may
also change as the situation continues changing.
As the Board is aware, all restaurants and bars have been ordered to not provide on-site service by
the state. Our Board of Health is drafting a notice for restaurants and we will add verbiage for
establishments licensed to sell alcohol and the notice will be hand delivered later today by the
Police Department. The Economic Development Department is developing a resource guide for
local businesses with information on assistance they may be eligible for. As part of the restriction
on on-site service to restaurants, these restaurants are now able to provide pick-up and delivery
services and we support and encourage residents to continue supporting local businesses.
Human Services -The Human Services Department is continuing to provide social services to
seniors (meals on wheels), veterans and counseling services. Counseling services are provided by
appointment only and with appropriate precautions.
Town Offices-In order to protect the public and our Town staff,the following town buildings will
be closed to the public beginning on March 17, 2020:
Library and Community Center (as stated above) through April 6, 2020 unless extended further.
Town Office Building, Public Services Building (201 Bedford), Fire Station (173 Bedford), and
Cary Memorial Building through April 6 unless extended further. We are asking that residents
and/or businesses that need to conduct business with any Town Department, do so via email,
electronic bill pay or electronic permitting. Should a resident or business need to contact a Town
Department on a specific issue, we ask that they call the department to discuss their specific issue
and that in-person meetings be the last option. Residents may register to vote electronically. These
buildings will be locked and available only to Town staff using their swipe cards.
The Visitors Center will remain on track to be completed and the ribbon-cutting may occur as
planned, but the Visitors Center will remain closed to the public while all other Town Buildings
are closed to the public
The Police Station will remain open to the Public for emergencies and staff will be physically
separated from the public.
All Public Bathrooms will be locked.
Town Staff
In order to maintain safe distances between staff and minimize potential infection, non-essential
emergency staff and facilities staff will begin working on a M-W-F/T-TH schedule with 50% of
staff being off at any point in time. After discussing the impact on staff, it is my recommendation
as the Town Manager that regular permanent full-time and part-time staff continue to be paid on
their regular basis. Full-time employees that voluntarily self-quarantine may utilize sick leave or
vacation leave; employees that are tested and have a presumptive positive test that are required to
be quarantined will be provided paid administrative leave until they are cleared to return to work.
The DPF staff will continue to work M-F until all the schools are cleaned. The town custodial
staff will continue to work M-F since these buildings are still open to staff(library, LCC, etc.).
When the school buildings are fully disinfected and sanitized, DPF will begin the M-W- F/T- TH
schedule.
Public Safety
The Town of Lexington has convened a group of municipal managers in the region to confer and
agree upon a protocol to ensure that there is mutual aid available should any specific community
not have sufficient staffing at any point to continue providing police, fire and EMS services.
Town Meeting - The Governor has introduce legislation House Docket No. 4572 to provide
guidance related to Town Meeting.
Boards, Committees & Commissions
The following Boards, Committees & Commissions will continue to meet via virtual meetings:
Select Board,Appropriation Committee,Board of Assessors,Board of Health, Capital Expenditure
Committee, Conservation Commission, Historic District Commission, Planning Board, School
Committee, Zoning Board of Appeals, Retirement Board, Historic Commission
Mr. Pato said he has heard from members of the community who are looking for ways they can
help, such as running errands for those who cannot go out, and wondered if there would be any
sort of municipal coordination for such effort.
Mr. Malloy said that the Town is looking into ways to best communicate these resources to the
community.
Mr. Malloy stated he will continue to provide updates at the Select Board meetings regarding
public health information and Town response actions related to Coronavirus (COVID-19).
2. 2020 Annual Town Meeting
Mr. Lucente stated discussions are underway in order to make plans how to execute the 2020
Annual Town Meeting.
Mr. Malloy provided the following highlights from the emergency legislation filed by the
Governor that would make dealing with Town Meeting a little easier.
A health emergency is added to the conditions that allow a Town Moderator to delay Town
Meeting
• The Select Board can delay Town Meeting beyond the end of the Fiscal Year. Updated
information on COVID-19 in Lexington is available from the Office of Public Health
at: https://Iexingtonma.gov/COVID19
• If Town Meeting has not completed and approved a budget by the end of the Fiscal year,
the Town can spend 1/12'th of the previous fiscal year's budget each month until the
emergency ceases and Town Meeting can approve a budget.
• Expenses related to the outbreak of COVID-19 and the declaration of emergency can be
paid for out of"free cash"until Town Meeting can pass a budget. Should the Legislature
adopt these changes, the pressure to hold Town Meeting and set the FY21 budget is
relieved.
Ms. Brown stated that she is looking to hear feedback in regards to the postponement of Town
Meeting in order for her to take the appropriate steps to arrange a postponement. Ms. Brown
explained that the moderator has the ability to postpone Town Meeting under M.G.L. c. 39, § 10A
for a period not to exceed 30 days and if needed she could issue and additional postponement.
Dr. Hackett stated the Lexington Public School Department would be fine for a delayed Town
Meeting.
Mr. Makarious stated that under the current state of emergency it is feasible to consider remote
participation for the Annual Town Meeting.
The Board reached a consensus that they would prefer to see Town Meeting delayed and hoped
that Town Meeting will be able to be held before the end of June. In addition the Board
requested that efforts continue to obtain appropriate remote participation technology in the event
it is not feasible to hold a traditional in-person Town Meeting before July 2020.
Ms. Brown stated as she would issue the required statement to delay Town Meeting.
3. Update on Hazard Mitigation Plan Resolution
Upon a motion duly made and seconded, the Select Board voted 5-0 the following:
WHEREAS, the Town of Lexington established a Committee to prepare the 2019 Local Hazard
Mitigation Plan Update; and
WHEREAS, the Town of Lexington participated in the development of the Town of Lexington
2019 LOCAL HAZARD MITIGATION PLAN UPDATE; and
WHEREAS, the Town of Lexington 2019 Local Hazard Mitigation Plan Update contains several
potential future projects to mitigate potential impacts from natural hazards in the Town of
Lexington, and
WHEREAS, two duly noticed public meetings were held on June 13th, 2019 and July 1 lth, 2019
for the public and municipality to review prior to consideration of this resolution; and
WHEREAS, the Town of Lexington authorizes responsible departments and/or agencies to
execute their responsibilities demonstrated in the plan,
NOW, THEREFORE BE IT RESOLVED that the Town of Lexington Select Board formally
approves and adopts the Town of Lexington 2019 Local Hazard Mitigation Plan Update, in
accordance with M.G.L. c. 40.
4. Discuss Statement of Interest(SOI) for Lexington High School Project
Dr. Julie Hackett reviewed the Statement of Interest (SOI) application to be submitted to the
Massachusetts School Building Authority for funding support for the Lexington High School
project. Dr. Hackett stated that in addition to the vote of the School Board, the SOI also requires
the approval of the Select Board.
Upon a motion duly made and seconded, and having convened in an open meeting on March 16,
2020 prior to the SOI submission closing date, the Select Board of Lexington, Massachusetts, 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 March 16, 2020 for the Lexington High School located at 251 Waltham
Street 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: priorities 1. Replacement or renovation of a building which is structurally unsound or
otherwise in a condition seriously jeopardizing the health and safety of school children, where no
alternative exists. 2. Elimination of existing severe overcrowding. 3. Prevention of the loss of
accreditation. 4. Prevention of severe overcrowding expected to result from increased
enrollments. 5. 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 7. Replacement of or addition to obsolete
buildings in order to provide for a full range of programs consistent with state and approved local
requirements. 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 City/Town/Regional School
District to filing an application for funding with the Massachusetts School Building Authority.
5. Purchase of Real Estate - Review and Authorize Town Manager to Sign Purchase and Sale
Agreement for Edison Way Parking Spaces
Mr. Malloy stated the Town and the Historical Society have negotiated a sales price for the
Historic Society owned portion of parking spaces on Edison Way adjacent to the Minuteman
Commuter Bike Path.
Upon a motion duly made and seconded, the Select Board voted 5-0 to authorize the Town
Manager to execute the Purchase and Sale Agreement between the Town of Lexington and the
Lexington Historical Society to purchase the property identified as Map 48, Lot 96 for $177,000.
6. Right of First Refusal - Belmont Country Club
Ms. Hai recused herself as she is a member of the Belmont Country Club.
Mr. Malloy state the Board previously reviewed and discussed the original notice and a number
of items were identified to be corrected. The Attorney for the property owner made the
corrections and Town Counsel has reviewed the packet and indicated that it's properly prepared
and can be voted on. Mr. Malloy said the Planning Board and Conservation Commission both
recommended that the Town not exercise its right of first refusal.
Upon a motion duly made and seconded, the Select Board voted 4-0 to not exercise the Town's
Right of First Refusal on the Belmont Country Club's property as described in Exhibit A and
located on Assessors Map 3, lots 15 and 16.
Ms. Hai returned to the meeting.
7. LexHAB Request for Use of Affordable Housing Stabilization Funds Under 2020 ATM
Warrant Article 19
Upon a motion duly made and seconded, the Select Board voted 5-0 to recommend Article 19
appropriating $111,000 from the Affordable Housing Capital Stabilization Fund to be used by
LexHab for renovations to LexHab units.
8. Discuss 2020 Patriots' Day Scheduling
Mr. Lucente stated events are being cancelled or postponed due to the Coronavirus and
Lexington needs to consider whether to move forward with Patriots Day events or whether they
should be postponed this year.
General Board discussion ensued. Given the state of emergency, the risk of an event that would
bring crowds into close proximity, and the additional burden on staff who are currently working
on responding to the health emergency, the Board agreed to cancel the Patriots Day events
scheduled for the weekend of April 17-20, 2020 in Lexington.
Upon a motion duly made and seconded, the Select Board voted 5-0 to cancel all Patriots day
activities scheduled for the weekend, leading up to an including April 20 2020, Patriots Day.
ADJOURN
Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at
3:50 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Select Board Meeting
Friday, March 20, 2020
A remote webinar meeting of the Lexington Board of Selectmen was called to order at 9:00 a.m.
on Friday, March 20, 2020 via Zoom remote meeting service. Mr. Lucente, Chair; Mr. Pato; Ms.
Barry; Ms. Hai and Mr. Sandeen participated remotely, as well as Mr. Malloy, Town Manager;
Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
Mr. Lucente stated the 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.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Training Session for use of Zoom Video Conferencing
Mr. Malloy stated that On March 12, 2020, Governor Baker issued an Executive Order modifying
certain requirements of the Open Meeting Law, allowing public bodies to hold their meetings
utilizing full remote participation to carry out their responsibilities in while adhering to public
health recommendations regarding social distancing.
Mr. Lucente provided an overview of features of using the Zoom remote webinar services and
stated that, during the State of Emergency, Select Board remote meetings will be run in the same
fashion as a the onsite Board meeting. He explained that members of the public can use their
computer/tablet to view the meeting or use their phone to call in to the meeting utilizing the
provided zoom meeting webinar id. He said the meeting access information for the public will be
published at the bottom of the posted meeting agendas. Mr. Lucente said he will explain at the
beginning of each meeting how residents, who have connected to the meeting via Zoom platform,
can submit questions during public comment.
Mr. Lucente stated that LexMedia will continue to record the Select Board meetings making them
available to the public.
ADJOURN
Upon a motion duly made and by roll call vote,the Select Board voted 5-0 to adjourn the meeting
at 9:30 a.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
SELECT BOARD MEETING
March 23, 2020
A remote participation meeting of the Lexington Board of Selectmen was called to order at 7:02
p.m. on Monday, March 23, 2020. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr.
Sandeen participated via zoom video conference service, as well as Mr. Malloy, Town Manager;
Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
Mr. Lucente stated the 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.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Covid-19 Update - Discuss Strategies, Implementation and Community Response Actions
Related to Covid-19 Guidelines and Directives
Mr. Malloy stated that as of March 23, 2020 there are nine confirmed COVID-19 cases; twenty
four residents under quarantine and three residents off quarantine in Lexington.
Mr. Malloy provided the following highlights of the Town's response actions as of March 23, 2020
related to COVID-19 Guidelines and Directives:
Town/School Operations
• Schools,Library, Community Center, Town Offices,Public Services Building,Fire Station
and Cary Memorial Building, and Temporary Visitor Center remain closed to the public.
• Playgrounds are closed and parks are closed to group sports.
• Notices have been given to all restaurants and on premise license holders that they are not
to serve on premises.
• All daycare centers are closed as of March 22, 2020 and notice with the state order have
been delivered to all daycare centers.
• The Hartwell Avenue Compost Site will be Monday through Friday 7:30 AM to 3:00 PM.
• The Lexington Board of Health ordered businesses such as nail salons, tattoo and body art
parlors,hairdressers and barbers to be closed as it's not possible to conduct these businesses
and maintain a safe social distance.
• All public restrooms in Lexington remained locked.
• As of March 15, 2020,the Police Department is suspending all night parking enforcement,
enforcing hazardous parking only and suspending all meter enforcement through April 1,
2020.
Town Staff
• With the Governor's announced new executive order requiring non-essential staff to work
from home,the Town of Lexington is preparing for most staff to begin working from home
this Wednesday with no more than one person working in each office (with some
exceptions) and police/fire on normal shifts and DPW remaining at half-staff on site.
• Mr. Malloy said he will continue to regular, conference call each morning with the Senior
Management Team and Health Officials to review the change in the number of local cases
and discuss actions the Town is taking and to discuss any issues or concerns of various
departments.
Town Meeting
• Mr. Malloy stated the Town Moderator has officially postponed Town Meeting until April
15, 2020 and will reassess as we get closer to this date.
Boards/Committees
• The following Boards, Committees & Commissions will continue to meet utilizing a
remote meeting formats: Select Board; Appropriation Committee; Board of Assessors;
Board of Health; Capital Expenditure Committee; Conservation Commission; Historic
District Commission; Planning Board; School Committee; Zoning Board of Appeals;
Retirement Board; Historic Commission; and Neighborhood Conservation Districts.
2. Annual Town Meeting Postponement - Designate a Local Public Safety Official to Submit
Report to Attorney General
Mr. Malloy stated that under the statute MGL Ch. 39, Sec. 10A.- Recession and Continuation of
Town meeting due to public Safety Emergency paragraph (d), the Select Board is required to
designate a Public Safety Official to notify the Attorney General within ten days of a postponement
of Town Meeting.
Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5-0 to designate
the Fire Chief as the Public Safety Official to notify the Attorney General for the purposes stated
in MGL Ch. 39, Sec. 10A(d).
ADJOURN
Upon a motion duly made and by roll call vote the Select Board voted 5-0 to adjourn at 7:44
p.m.
Attest:
Kim Katzenback
Executive Clerk
Select Board Meeting
April 6, 2020
A remote participation meeting of the Lexington Select Board was called to order at 7:01 p.m. on
Monday, April 6, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms.
Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell,
Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
Mr. Lucente stated the 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 CONCERNS AND LIAISON REPORTS
Ms. Hai
• Stated is National Public Health Week thanked all public health staff and our Board of
Health.
Mr. Pato
• Last Thursday night, the Vision 2020 Committee hosted a panel recognizing 20 years of
working as a committee looking at the future for Lexington, a discussion and prognosis.
Mr. Lucente
• The Human Services Department staff continues to meet weekly to discuss ways to help
residents in need.
Ms. Barry
• An online donation link is now available on the Town's Website for people who they want
to donate to the Fund for Lexington, the donations made to this Fund between now and
September 1, 2020 will be used to assist people who are having difficulties due to COVID-
19.
• The Lexington Historical Society announced today that they will be posting a virtual
Patriots Day on their website https://www.lexingtonhistory.org/to watch past Patriots' Day
battle reenactments, parades and virtually tour their historic houses
ITEMS FOR INDIVIDUAL CONSIDERATION
1. COVID-19 Update - Strategies, Implementation and Community Response Actions Related to
COVID-19 Guidelines and Directives
Mr. Malloy reported that as of April 6, 2020, there were 47 Confirmed Cases confirmed cases of
COVID-19 reported in Lexington, 32 residents under quarantine and 44 residents off quarantine.
Mr. Malloy reported the following response actions related to COVID-19 have been implemented
since his March 30, 2020 update to the Board:
T o wn/S cho o l/C o mmunity:
• The Hartwell Avenue Compost Site will be closed on Sundays for the time being with a
schedule that will be Monday through Friday 7:30 AM to 3:00 PM.
• The MDPH issued an order on 3/30/20 closing all lodging for business,vacation or optional
travel and that hotels can only be used for essential reasons related to the current state of
emergency.
• Town Staff—We have established policies related to any staff that become sick with
COVID-19 during this pandemic. As stated in previous reports, we continue to pay staff
their full rate of pay.
Town Meeting
• We are continuing to prepare for a virtual Town Meeting which we anticipate will be
scheduled shortly(currently April 15).
Boards, Committees & Commissions
• The following Boards, Committees & Commissions will continue to meet (virtual
meetings): Select Board;Appropriation Committee;Board of Assessors; Board of Health;
Capital Expenditures Committee; Conservation Commission; Historic District
Commission; Planning Board; School Committee; Zoning Board of Appeals; Retirement
Board; Historic Commission; Neighborhood Conservation District; and LexHab. As
needed, will review whether other Boards or Committees could also start to meet in the
coming weeks as they face issues that may be COVID-19 related.
Financial Implications
• During the week of 4/6/20, the Town Manager, Assistant Town Manager for Finance
and Budget Officer will begin reviewing the impact the virus is having on the economy
and related impact on the Town budgets for both FY20 &FY21.
2. Discussion of Eversource Microgrid Proposed for Bedford Street
Mr. Malloy stated that Eversource approached the Town with a proposal to create a micro-grid
renewable energy source that would provide electricity into the grid under normal conditions and
would provide an isolated micro-grid to a small area of town on Bedford Street around the Fire
Station providing power during extended outages to maintain a grocery store, pharmacy, a couple
of restaurants, gas station and health care providers. The proposal is planned to be funded by
Eversource at no cost to the Town with the prospect of future property tax revenues on the solar
panels and structures. The proposal is also subject to legislative changes that are currently under
consideration by the legislature but could also be accomplished as a pilot program under separate
legislation.
There was general Board consensus to have the Town Manager work with Eversource, the local
businesses and our legislators to look further into the proposed microgrid by Eversource for
Bedford Street.
3. 2020 Annual Town Meeting Article Discussions/Positions/Consent Agenda/Select Board
Report
• Discuss Planning for Town Meeting
Mr. Malloy stated that the planning for a virtual Town Meeting is progressing. Staff are putting
together presentations for those items that require presentations so that these can be posted online
prior to the virtual Town Meeting to facilitate Town Meeting and voting.
Mr. Malloy then provided the Board with following recommendations of moving ahead/reducing
some appropriations for 2020 Annual Town Meeting and reserving some funds to appropriate at a
fall town meeting:
Article 17— This is the Other Post-Employment Benefits (OPEB) Article. This article seeks to
appropriate $1,935,486 into the OPEB Fund.
Mr. Malloy recommended that $750,000 is deposited into the OPEB Trust Fund. The remaining
$1,185,486 which is transferred from the General Fund Free Cash and Water and Wastewater
receipts may be deferred until the Fall Town Meeting when we have a clearer indication of the
impact on the FY21 budget that the COVID-19 state of emergency may have on the FY21
budget.
Article 19— There are four subparts for transfer in/out of specified stabilization funds.
(a) This subpart of this Article seeks to transfer $1,773,062 into the Capital Stabilization Fund to
offset future debt service costs. Of this amount $164,987 was to be appropriated from the tax
levy and $1,608,075 was to be appropriated from General Fund Free Cash. Mr. Malloy said this
may be deferred until the Fall Town Meeting to provide greater flexibility at the Fall Town
Meeting once we're able to determine the impact of COVID-19 state of emergency may have on
the FY21 budget.
(b) This subpart of this Article seeks to transfer $3,500,000 out of the Capital Stabilization Fund
to offset current debt service that is for projects excluded from Proposition 21/2. While this
amount can legally be deferred until the Fall Town Meeting, the budget and the tax rate impact
has been built on this being used to reduce the impact of the FY21 debt service costs. Mr. Malloy
recommended moving forward with sub-part (b) of this Article at the Annual Town Meeting.
(c)(d) These two subparts of this Article are linked together. (c) Seeks to appropriate to the
Affordable Housing Capital Stabilization Fund $111,922 from the Brookhaven annual payment.
(d) Seeks to then appropriate $111,000 to LexHab for capital improvement projects at their
properties. Mr. Malloy recommended moving forward with this Article for the Annual Town
Meeting.
The Board agreed with Mr. Malloy's recommendations.
0 Consent Agenda/Article positions
The Board discussed the 2020 Annual Town Meeting consent agenda and article positions. The
resulting chart is appended to the end of these minutes.
• Discuss &Vote on Board Report to Town Meeting
Board members were in agreement of the Select Board Report for Town Meeting as presented with
some non-substantive edits to be posted online to be available for Town Meeting.
Upon motion duly made and seconded, by roll call vote,the Board voted 5-0 to approve the Select
Board Report to 2020 Annual Town Meeting subject to non-substantive edits.
4. Discussion on Appointment of User Representative to the Permanent Building Committee
(PBC) for Police Station Project
Mr. Malloy provided the Board a summary of Town Counsel's opinion regarding the appointing
authority for a user representative to the Permanent Building Committee. In summary the opinion
is, that when the Selectmen Town Manager Act and the Town Bylaws are read together, most
Town owned buildings or structures are built for the department, which in most cases falls under
the Town Manager. In those cases the Town Manager would be the appointing authority for the
user representative to the PBC for the building project.
Mr. Malloy's stated he would like to have nominations from the Select Board for his consideration
in the appointment of user representative to the PBC for the Police Station Project. The Board was
in agreement to have each member submit nominations directly to Mr. Malloy.
5. Interim Reappointment of Town Counsel
Mr. Malloy stated that per Section 90-24 of the Town's General Bylaws the appointment of Town
Counsel is required to be made within 30 days of the Town election. The Town currently in the
process of reviewing the submissions to the Request for Proposal for Town Counsel services and
the Town will be conducting initial interviews shortly to provide the top three firms for the full
Board to interview. The Town's current Town Counsel, Andersen&Kreiger, has agreed to move
forward to serve as the Town of Lexington's counsel on a month-to-month basis until a
determination is made.
Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5 -0 to appoint
the firm of Anderson-Krieger for Town Counsel Services with Mina Makarious serving as Town
Counsel to serve on a month to month basis.
ADJOURN
Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5-0 to adjourn
the meeting at 9:12 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Select Board Article Positions (as of 4/6/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles DL JP SB JH MS
Article 2 -Reports C C C C C
Article 3- Cary Lecture Series C C C C C
Article 4 -Appropriate FY 2021 Operating Budget C C C C C
Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C
Article 6 - Establish Qualifications for Tax Deferrals C C C C C
Article 7 -Petition General Court to Amend Legislation Regarding C C C C C
Tax Deferrals
Article 9 -Establish/Continue Departmental Revolving Funds C C C C C
Article 10 - Appropriate for Community Preservation Committee C C C C C
(Articles I Oa thru 101 and 1 On thru I Oo only)
Article I I -Appropriate for Recreational Capital C C C C C
Article 12-Appropriate for Municipal Capital and Equipment C C C C C
Program
Article 13 -Appropriate for Water System Improvements C C C C C
Article 14 -Appropriate for Wastewater System Improvements C C C C C
Article 15 -Appropriate for School Capital and Equipment C C C C C
Article 16b - Center Recreation Complex Bathrooms & C C C C C
Maintenance Bldg Renovation
Article 16c -Public Facilities Master Plan C C C C C
Article 16d -LHS Science Classroom Space Mining C C C C C
Article 16e-Townwide Roofing Program C C C C C
Article 16f- School Building Envelopes and Systems C C C C C
Article 16 -Municipal Building Envelopes and Systems C C C C C
Article 16h- Facility and Site improvements-Building Flooring C C C C C
program and School Paving Program
Article 16i-Public Facilities Bid Documents C C C C C
Article 16j -Public Facilities Mechanical/Electrical System C C C C C
Replacements
Article 17 -Appropriate to Post Employment Insurance Liability C C R C C
Fund
Article 18-Rescind Prior Borrowing Authorizations-IP IP, C IP, C IP, C IP, C IP, C
Article 19- Establish, Dissolve, and Appropriate To/From C C C C C
Stabilization Fund)
Article 20 -Appropriate from Debt Service Stabilization Fund C C C C C
Article 21 -Appropriate for Prior Years Unpaid bills-IP 1P, C 1P, C 1P, C IP, C 1P, C
Article 22-Amend FY 20 Operating, Enterprise, CPA budgets C C C C C
Article 23 -Appropriate for Authorized Capital Improvements C C C C C
Article 26-Amend Historic Districts Commission Enabling C C C C C
Legislation
Article 27 -Amend General Bylaws-Noise Construction C C C C C
Article 30 -Land exchange (Citizen) C C C C C
Article 31 -Historic Preservation demo delay(Citizen)-IP IP, C IP, C IP, C IP, C IP, C
Article 32 -Extend Hancock-Clark Historic District(Citizen)-IP IP, C IP, C IP, C IP, C IP, C
Article 46 - Amend zoning- Reduce GFA(Citizen)-IP IP, C IP, C IP, C IP, C IP, C
Select Board Article Positions (as of 4/6/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles-Motion will state refer DL JP SB JH MS
back to Planning Board
Article 35 -Amend Zoning Bylaw- Distances from basement, slab RB RB RB RB RB
or crawl space and groundwater
Article 36 -Amend Zoning Bylaw- Short term rentals RB RB RB RB RB
Article 37 -Amend Zoning Bylaw-Site plan review RB RB RB RB RB
Article 38 -Amend Zoning Bylaw- Financial services RB RB RB RB RB
Article 39 -Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB
Article 40 -Amend Zoning Bylaw-Wireless Communications RB RB RB RB RB
Facilities
Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB
Article 43 -Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB
Article 44 -Amend Zoning Bylaw and Map-Bedford St near RB RB RB RB RB
Hartwell Ave
Article 45 -Amend Zoning Bylaw-Front year, transition, and RB RB RB RB RB
screening areas
Motion will state refer back to Select Board DL JP SB JH MS
Article 8 - Short term rental fee RB RB RB RB RB
Article 24 -Reduce Legal expenses (citizen) RB RB RB RB RB
Article 28 -Amend general bylaws- (citizen) RB RB RB RB RB
Article 29 -Declare climate emergence(citizen) RB RB RB RB RB
Article 33 -Amend general bylaws-Running bamboo (citizen) RB RB RB RB RB
Article 34 -Amend special legislation surcharge- (citizen) RB RB RB RB RB
Articles that are time sensitive DL JP SB JH MS
Article 1 Om-LexHab-116 Vine St Design funds using CPA Y Y Y Y Y
Article 16a-Police indoor/outdoor firing range* Y Y Y Y Y
Article 16k- Westview Cemetery building construction Y Y Y Y Y
Article 25 -Purchase of land(parking spaces) W W W W W
Article 42 - 1050 Waltham st (developer) Y Y Y Y Y
Select Board Meeting
April 13, 2020
A remote participation meeting of the Lexington Select Board was called to order at 7:01 p.m. on Monday,
April 13, 2020 via Zoom remote meeting services. Mr.Lucente, Chair; Mr.Pato; Ms. Hai and Mr. Sandeen
participated remotely, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms.
Katzenback, Executive Clerk.
Mr. Lucente stated the 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 CONCERNS AND LIAISON REPORTS
Ms. Hai stated she and Mr. Lucente attended the Mass Municipal Association(MMA) remote meeting at
which the MMA provided an update on COVID-19.
Mr. Sandeen reported the Greenways Corridor Committee updated the Across Lexington Maps. He stated
he participated in the MMA Policy meeting which was held remotely.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. COVID-19 Update-Discuss Strategies, Implementation and Community Response Actions Related to
COVID-19 Guidelines and Directives
Mr. Malloy reported that as of April 13, 2020 there are 139 confirmed cases of COVID-19 reported in
Lexington.
Mr. Malloy reported the following response actions related to COVID-19 have been implemented since his
April 6, 2020 update to the Board:
Town/School Operations:
• Additional signs have been installed to inform residents that group activities fields and playing
areas are prohibited. The police department will be conducting more frequent visits to these areas
and will inform groups to disperse.
• State issued new guidance this week limiting grocery stores to 40% of capacity. Lodging
establishments may only be used for essential reasons related to the current state of emergency.
• Construction activity around town has declined as some contractors, businesses or individuals
have opted to temporarily halt construction and some unions are recommending their members
stay home.
• EL Harvey has indicated they will stop picking up bulky items until such time that the state of
emergency ends.
Town Staff
0 Policies have been established related to any staff that become sick with COVID-19 during this
pandemic and or first responders.
Town Meeting
• Preparations continue for a virtual Town Meeting and plans are being made for presentations to be
posted online and through LexMedia so that Town Meeting members still will have an opportunity
to review those presentations prior to Town meeting beginning.
Boards, Committees & Commissions
• A training session for board and committee chairs on how to use Zoom meetings has been scheduled
for this week.
2. Discuss Extension of Property Tax and Interest Due Dates Due to State of Emergency
Mr. Malloy stated Massachusetts H4598 (Chapter 53 of the Acts of 2020—An Act to Address Challenges
faced by Municipalities and State Authorities resulting from COVID-19)provides the option for the Chief
Executive Officers to determine whether to provide extensions on property tax due date to June 1, 2020;
to delay the exemption and deferral date to June 1, 2020 and to waive interest for late payments after
March 3, 2020 and to June 30, 2020.
The Board stated they feel this recent legislation could be very helpful for residents in need.
Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve Section
10(a)(i) and I0(a)(ii)of Chapter 53 of the Acts of 2020 delaying the due date for property tax bills to be due
from May 1, 2020 to June 1, 2020;to approve Section 10(a)(iv) of Chapter 53 of the Acts of 2020 delaying
the due date for tax exemption and deferral applications from April 1,2020 to June 1,2020;and to approve
Section 11 of Chapter 53 of the Acts of 2020 waiving interest and penalties for late payments of any excise,
tax,betterment assessment,water or sewer use or other charges with a due date on, or after March 10,2020,
made after the respective due date but before June 30, 2020.
3. 2020 Annual Town Meeting-Article Discussions/Positions/Consent Agenda
Mr. Malloy stated there are two proposed State legislation to address holding a remote Town Meeting. The
first is a detailed draft of proposed legislation to authorize remote participation at Representative Town
Meeting due to the COVID-19 emergency drafted by our Town Counsel with Bond Counsels and has been
circulated among a number of communities (by Lexington). The second is a Home Rule Petition that
would confirm the validity of actions taken at a remote Annual Town Meeting and a Special Town Meeting,
as this would need to be placed on a Special Town Meeting.
Ms. Brown, Town Moderator, stated she has formally further postponed the date for Town Meeting to
May 13, 2020.
Mr. Pato reported a technology plan for a virtual town meeting is currently under development and is
expected to be a video meeting simulcast through LexMedia. He said the details are still being worked
out, but the plan is to roll out the tools slowly over the next several weeks. First will be a small group
including individuals with limited comfort with technology. Per-precinct sessions will follow to provide
Town Meeting Members training on how to use the system. Finally, a practice full session would be held
to provide the Moderator with an opportunity to see how the controls work with 200 members
participating.
Ms. Axtell stated that motions, presentation materials and any live recorded presentations are planned to
be made available by the beginning of May on the town's website for Town Meeting Members to review
prior to Town Meeting.
The Board reviewed the consent agenda. Ms. Axtell stated that Article 46 -Amend Zoning Bylaw-
Reduce GFA(Citizen Petition) has been moved to the portion of the consent agenda to refer articles back
to the Planning Board. The resulting Select Board positions chart is appended to the end of these
minutes.
Ms. Melinda Walker, 14 Larchmont Street, Precinct 8 Town Meeting Member, stated she feels Article
l0m-LexHab-116 Vine Street design funds using Community Preservation Act funds should be put onto
the consent agenda.
4. Applications: Change of DBA- CFHP The Hangar,LLC d/b/a Revolution Hall
Upon a motion duly made and seconded,by roll call vote,the Select Board voted 4-0 to approve the CFHP
The Hangar,LLC applications for a change of D/B/A and to amend the 2020 All Alcohol Restaurant Liquor
License and 2020 Common Victualler License to CFHP The Hangar,LLC d/b/a Revolution Hall,3 Maguire
Road.
5. Review Draft Letter in Support of the Application to the All-American Road Scenic Byway
Designation
The Board reviewed a draft letter to be sent in support of the application being submitted for designation
of the Battle Road Scenic Byway as an All-American Road Scenic Byway. Mr. Lucente asked Board
members to submit any edits to the Select Board office and the edited draft will be placed on the April 27,
2020 for review and approval.
6. Select Board Committee
Mr. Lucente stated that Gordon Jones' term to the Registrar of Voters expired on March 31, 2020. The
Republican and Democratic Town Committees submitted the following nominees
• Gordon Jones -Nominee from Democratic Town Committee
• Alan Seferian-Nominee from Republican Town Committee
Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to reappoint Gordon
Jones to the Registrar of Voters for a term to expire March 31, 2023.
CONSENT AGENDA
1. Approve and Sign Proclamations
Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve the
National Public Safety Telecommunicators Week Proclamation to be celebrated from April 12 to 18, 2020.
Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve National
Library Week to be celebrated from April 19 to 25, 2020. The proclamation that encourage all citizens to
recognize the staff of the Cary Memorial Library and encourage all citizens to Library to take advantage of
the wonderful library resources available.
Upon a motion duly made and seconded, by roll call vote,the Select Board voted 4-0 to approve Arbor Day
proclamation which urges all citizens to support efforts to protect trees and woodlands and to support our
town's urban forestry program and also to urge all citizens to plant and protect trees to promote the well-
being of present and future generations
ADJOURN
Upon a motion duly made and seconded, by roll call vote,the Select Board voted 4-0 to adjourn the meeting
at 8:30 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Select Board Article Positions (as of 4/13/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles DL JP SB JH MS
Article 2 -Reports C C C C C
Article 3- Cary Lecture Series C C C C C
Article 4 -Appropriate FY 2021 Operating Budget C C C C C
Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C
Article 6 - Establish Qualifications for Tax Deferrals C C C C C
Article 7 - Petition General Court to Amend Legislation Regarding C C C C C
Tax Deferrals
Article 9 -Establish/Continue Departmental Revolving Funds C C C C C
Article 10 - Appropriate for Community Preservation Committee C C C C C
(Articles I Oa thru 101 and 1 On thru I Oo only)
Article 11 -Appropriate for Recreational Capital C C C C C
Article 12-Appropriate for Municipal Capital and Equipment Program C C C C C
Article 13 -Appropriate for Water System Improvements C C C C C
Article 14 -Appropriate for Wastewater System Improvements C C C C C
Article 15 -Appropriate for School Capital and Equipment C C C C C
Article 16b - Center Recreation Complex Bathrooms & Maintenance C C C C C
Bldg Renovation
Article 16c-Public Facilities Master Plan C C C C C
Article 16d -LHS Science Classroom Space Mining C C C C C
Article 16e-Townwide Roofing Program C C C C C
Article 16f- School Building Envelopes and Systems C C C C C
Article 169-Municipal Building Envelopes and Systems C C C C C
Article 16h- Facility and Site improvements-Building Flooring C C C C C
program and School Paving Program
Article 16i-Public Facilities Bid Documents C C C C C
Article 16j - Public Facilities Mechanical/Electrical System C C C C C
Replacements
Article 17 -Appropriate to Post Employment Insurance Liability Fund C C R C C
Article 18-Rescind Prior Borrowing Authorizations-IP IP, C IP, C IP, C IP, C IP, C
Article 19- Establish, Dissolve, and Appropriate To/From Stabilization C C C C C
Article 20 -Appropriate from Debt Service Stabilization Fund C C C C C
Article 21 -Appropriate for Prior Years Unpaid bills-IP IP, C IP, C IP, C IP, C IP, C
Article 22-Amend FY 20 Operating, Enterprise, CPA budgets C C R C C
Article 23 -Appropriate for Authorized Capital Improvements C C C C C
Article 26-Amend Historic Districts Commission Enabling Legislation C C C C C
Article 27 -Amend General Bylaws- Noise Construction C C C C C
Article 30 -Land exchange (Citizen) C C C C C
Article 31 -Historic Preservation demo delay(Citizen)-IP IP, C IP, C IP, C IP, C IP, C
Article 32 -Extend Hancock-Clark Historic District(Citizen)-IP IP, C IP, C IP, C IP, C IP, C
Select Board Article Positions (as of 4/13/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles - Motion will state refer back to DL JP SB JH MS
Planning Board
Article 35 - Amend Zoning Bylaw- Distances from basement, slab or RB RB RB RB RB
crawl space and groundwater
Article 36 -Amend Zoning Bylaw- Short term rentals RB RB RB RB RB
Article 37 -Amend Zoning Bylaw-Site plan review RB RB RB RB RB
Article 38 -Amend Zoning Bylaw- Financial services RB RB RB RB RB
Article 39 -Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB
Article 40 -Amend Zoning Bylaw-Wireless Cominunications Facilities RB RB RB RB RB
Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB
Article 43 -Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB
Article 44 - Amend Zoning Bylaw and Map- Bedford St near Hartwell RB RB RB RB RB
Ave
Article 45 -Amend Zoning Bylaw-Front year,transition, and screening RB RB RB RB RB
areas
Article 46 - Amend zoning-Reduce GFA(Citizen) RB RB RB RB RB
Motion will state refer back to Select Board DL JP SB JH MS
Article 8 - Short term rental fee RB RB RB RB RB
Article 24 - Reduce Legal expenses (citizen) RB RB RB RB RB
Article 28 -Amend general bylaws- (citizen) RB RB RB RB RB
Article 29 - Declare climate emergence(citizen) RB RB RB RB RB
Article 33 -Amend general bylaws-Running bamboo (citizen) RB RB RB RB RB
Article 34 -Amend special legislation surcharge- (citizen) RB RB RB RB RB
Articles that are time sensitive DL JP SB JH MS
Article 1 Om- LexHab-116 Vine St Design funds using CPA Y Y Y Y Y
Article 16a- Police indoor/outdoor firing range Y Y Y Y Y
Article 16k- Westview Cemetery building construction Y Y Y Y Y
Article 25 -Purchase of land(parking spaces) W W W W W
Article 42 - 1050 Waltham Street(developer) Y Y Y Y Y
Positions Chart Legend:C—In favor of article being on consent; RB—In favor to refer article back; Y—
In favor of article; W—Wait for more information; R—Recused
Select Board Meeting
April 27, 2020
A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on
Monday, April 27, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms.
Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; 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 CONCERNS AND LIAISON REPORTS
Ms. Hai
• Towns of Arlington, Lexington and Concord and Minuteman National Park will hold a
virtual community meeting on Thursday, April 30, 2020, 7:00 p.m. to discuss the process
of the nomination of the Battle Road Scenic Byway for consideration as an all American
Road.
Mr. Pato
• Reported he will be attending the Massachusetts Municipal Association Policy Committee
meeting being held virtually on the subject of Public Works.
Mr. Lucente
• Stated the Lexington Food Pantry is in need of food including canned tuna fish, peanut
butter, canned fruits and vegetables, dry pasta.
Mr. Sandeen
• The Greenways Corridor Committee is preparing to launch the across Lexington challenge
this spring encouraging residents to walk all the way across Lexington trails.
TOWN MANAGER REPORT
Mr. Malloy announced Stella Carr will start on May 26, 2020 as the Sustainability Director and
Sandhya Iyer will start in the next few weeks as the Economic Development Director.
Mr. Malloy stated he is recruiting to fill the Chief Information Officer position which will now be
known as Director of Innovation and Technology.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. COVID-19 Update - Discuss Strategies, Implementation and Community Response Actions
Related to COVID-19 Guidelines and Directives
Mr. Malloy reported that as of April 6, 2020, there are 246 confirmed cases of COVID-19 reported
in Lexington.
Mr. Malloy reported the following response actions related to COVID-19 have been implemented
since his April 13, 2020 update to the Board:
T own/S cho o l/Co mmunity:
• The Governor announced school would be cancelled for the remainder of the school year.
• A drive thru COVID-19 testing site will be held on May 1, 2020 at the Lexington Elks
Lodge being operated by Physicians One, which has coordinated with our Health
Department, Fire Department, Police Department and Public Information Officer.
Town Meeting
• Preparations continue for a virtual Town Meeting anticipate will be scheduled sometime
in early June. Presentations on those items that have been identified as appropriate, will
be posted online through LexMedia on Youtube so that Town Meeting members will
have an opportunity to review those presentations. Mr. Malloy thanked Mr. Pato, Mr.
Lucente, and Ms. Deborah Brown, Town Meeting Moderator and Mr. Ben Moroze,
Town Meeting Members Association President, for their efforts to keep this moving
forward. Mr. Malloy stated the Town has been working with Representative Michelle
Ciccolo and Senator Mike Barrett on moving HD5024 forward to allow remote Town
Meetings as well as promoting it with the other 33 Towns with Representative Town
Meetings. Further, Mr. Malloy reported preparations are being made to have a Special
Town Meeting with one article that would validate actions taken by a remote Town
Meeting.
Boards and Committee
• Mr. Lucente and Mr. Malloy hosted a training session for committee chairs on how to
execute a virtual meeting. Starting this upcoming week, some additional Boards and
Committees will be meeting virtually,
Financial implications
• The Finance Team has been working towards providing best estimates regarding the fiscal
implications of the COVID-19 virus on the Town's budget. Initial analysis estimates that
the net impact on the budget will be negligible, however the impact on the revenue side
of the ledger will be of greater impact.
2. Discuss Scheduling of May Events (i.e. Memorial Day, Discovery Day Events)
Ms. Lorain Marquis, Town Celebration Committee Chair, stated that in light of the Coronavirus,
the Town Celebrations Committee live Memorial Day events will not be held in 2020. The
Committee will look into ways to offer virtual options to commemorate Memorial Day.
Mr. Lucente stated the Lexington Retailers Association has decided to cancel the Discovery Day
activities originally scheduled in May 2020. The Lexington Retailers Association would like to
consider rescheduling the event to be held later this year if possible.
The Board discussed the need to cancel all public events through the end of May including the
Memorial Day celebrations to maintain public safety. The Town Manager confirmed that his office
has cancelled all events under his purview through the end of May.
Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to cancel all public
events under the Board's purview through the end of the Month of May due to the Coronavirus.
3. Accept and Sign Conservation Easement - Liberty Ridge (Grove Street Development)
Mr. Malloy stated this amended and restated Grant of Easement is the result of recently discovering
that North Shore Development recorded the Grant of Easement to the Town of Lexington, acting
by and through its Conservation Commission, without having the Select Board and Conservation
Commission approve/accept it. The Grant of Easement was a requirement of the Planning Board's
Liberty Ridge Balanced Housing Development Special Permit and is shown on the enclosed
referenced plan titled "Property Rights & Dimensional Standards Plan" dated 9/12/2017 and
recorded as Plan 1009 of 2017. The easement goes down the new Jefferson Drive sidewalk and
crosses Jefferson Drive and travels between units 4 and 5, and then along the wetland buffer zone
connecting to the narrow strip of land owned by the Lexington Conservation Commission along
the Burlington Town-line/Burlington's Landlocked Forest Parcel.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
amended and restated Grant of Easement between North Shore Residential Development, Inc., as
grantor, and the Town of Lexington, acting by and through its Conservation Commission, as
grantee, substantially in the form presented at the April 27, 2020 meeting of the Select Board,with
final changes to be approved by the Town Manager in his reasonable discretion in consultation
with town counsel; and further to authorize the Town Manager to execute and accept said amended
and restated Grant of Easement on behalf of the Select Board.
4. 2020 Annual Town Meeting
• Discuss and Call Special Town Meeting
Mr. Malloy reviewed a draft warrant for a Special Town Meeting which includes an article that
would provide the authority for the Select Board to submit a Home Rule Petition for special
legislation to confirm the validity of any action of the Annual Town Meeting if needed in the event
the proposed bill by Representative Ciccolo does not pass or does not pass in time.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve to set
a Special Town Meeting on June 1, 2020 and to close the Town Meeting warrant with the one
article as proposed.
0 Update on Town Meeting Plans
Mr. Pato reported on the state of the technology/operational plan for a virtual town meeting.
He then proceeded to demonstrate the current state of the Virtual Town Meeting portal and
responded to questions.
He said the plan remains to begin small group testing the first week of May 2020 followed by
larger per-precinct meetings the following week and finally a full mock town meeting with all
members attending to provide the Moderator and staff practice with a large-scale meeting with
around 200 attendees later in May.
5. Discuss Food Waste Working Group
Mr. Malloy stated that in response to the food waste discussion at a previous Select Board meeting,
he plans to create a Town Manager Working Group to discuss the issue and bring back
recommendations to the Board. The Working Group would consist of. Robert Beaudoin,
Superintendent of Environmental Services, David Pinsonneault, DPW Director, two (2)
Sustainable Lexington Waster Reduction Task Force/Green Team Members; two (2) At large
Citizens; a Select Board Member and Sean Dugan, Public Information Officer
Mr. Malloy said the charge would be to determine what educational material and information is
needed; determine the avenues for getting the material and information to the public; discuss home
composting and curbside food waste collection; make recommendations reporting back to the
Select Board.
The Board concurred with this proposal.
6. Discuss Pole Hearing Process
Mr. Malloy stated that as the Board may recall, there was a significant discussion during the pole
hearing on Lincoln Street about developing a guideline for the Board to follow. Town Counsel is
working on a guideline that will be available before the next pole hearing which is on May 4, 2020.
General Board discussion ensued regarding the usefulness of guidelines for how to respond to pole
requests, including setting expectations for resolving double pole issues, old wires left hanging or
wrapped around a pole, safety of nearby poles, and possibly aesthetics of the requested pole
installation.
Mr. Malloy stated he will include a set of general guidelines from Town Counsel on the next
agenda for what is in the within the scope of Board of pole hearings.
7. Approve Letter of Support of the Application to the All-American Road Scenic Byway
Designation
Mr. Lucente stated that edits suggested at the Board's review of the first draft letter at the April 13,
2020 meeting have been incorporated for review. The Board is being asked to review and approve
the attached letter to be sent to the Federal Highway Administration in support of the application
being submitted for designation of the Battle Road Scenic Byway as an All-American Road Scenic
Byway.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and
sign the letter as proposed to be sent to Federal Highway Administration in support of the
application being submitted for designation of the Battle Road Scenic Byway as an All-American
Road Scenic Byway.
8. Approve Limousine License Renewals
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
applications and issue two (2)renewed Limousine Licenses to Boyadjian Limousine Service, 447
Lowell Street,one(1)renewed Limousine License to D&O Limo LLC, 3402 Main Campus Drive.,
and one (1) renewed Limousine License to Fusco Enterprises LLC, 37 Woburn Street.
9. Approve and Sign Proclamations
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and
sign the International Compost Awareness Week proclamation to recognize the efforts of the soil
conservation stewards, householders, landscapers, farmers, recyclers, public workers, composters,
gardeners, and plant growers everywhere; .and to approve and sign the Mental Health Month
proclamation to recognize Mental health as an important factor in every individual's overall
physical health and emotional well-being.
ADJOURN
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the
meeting at 8:49 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Select Board Meeting
May 4, 2020
A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on Monday,
May 4, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and
Mr. Sandeen were present,as well as Mr.Malloy,Town Manager;Ms. Axtell,Deputy Town Manager; and
Ms. Katzenback, Executive Clerk.
Mr. Lucente stated the 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 CONCERNS AND LIAISON REPORTS
Ms. Hai
• Reported the application to designate the Battle Road Scenic Byway as an All American Road has
been submitted to Massachusetts Department of Transportation (MassDOT) for review. Once
through MassDOT review,it will be filed to the Federal Highway Administration for consideration.
Mr. Pato
• Reported he, Dr. Julie Hackett, Ms. Sara Cuthbertson and P.K Shui were judges for the project
based learning event Lexhack for Covid-19. Participating students developed and presented their
solutions on how to address the COVID-19 pandemic in order to help the community. All the
submission were creative and well thought out. High School first place winner Linda Kebichi
created Lex Eat Local Business App; Middle School First Place winner Sishir Mahavadi created
an Innovative face mask and shield design and Elementary School Frist place winner team(Mohita
Chepeni, Tasheen Kashem, Srutika Macha, Henry Sayre, and Julian Sun) created and EV3 Robot
to water plants.
Mr. Lucente
• Announced David Horton,who has graciously served on the Minuteman School Committee for the
past twelve years,will be completing his term that expires June 30, 2020 and not seeking renewal.
The Select Board will be advertising this open seat on the Minuteman school committee to be
appointed by the Select Board.
Ms. Barry
• Attended the Board of Health virtual May 1, 2020 meeting as the liaison to Recreation. She said
Ms. Battite, Director of Recreation, will continue to share the guidance with the Board of Health
that Recreation is getting in terms of what's happening in the state,region and country regarding of
status camps and pool openings due to COVID-19.
• Announced May 4, 2020 is International Fire Fighters Day. On behalf of the Board, Ms. Barry
thanked all Lexington Firefighters for their service.
Mr. Sandeen
• Attended the Board of Health virtual May 1, 2020 meeting as Select Board liaison to Board of
Health.
TOWN MANAGER REPORT
Mr. Malloy reported the bill that introduced by Representatives Ciccolo currently sits with the Committee
on Municipalities. In the meantime, a similar bill was introduced in the Senate,which is Senate Bill 2673,
which contains language from the Representative Ciccolo's bill, and also includes language for open town
meetings. This Senate Bill has made it through the entire Senate in lightning speed and hopefully will move
very rapidly onto the governor's desk.If this bill passes in a timely fashion,it would negate the need for the
Town of Lexington's 2020 Special Town Meeting-1.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. COVID-19 Update-Discuss Strategies,Implementation and Community Response Actions Related
to COVID-19 Guidelines and Directives
Mr. Malloy stated that as of May 4, 2020, there were 272 confirmed cases of COVID-19 reported in
Lexington.
Mr. Malloy reported the following response actions related to COVID-19 have been implemented since his
April 27,2020 update to the Board:
Town/School/Community:
The Governor established a public/private task force to provide recommendations on May 18, 2020 on
how/when the state should begin to re-open non-essential businesses
All of our Police/Firefighters that were out due to either exposure or positive tests from COVID-19 have
returned to work.
Mr. Malloy stated he created an internal Return to Work Task Force, which consists of one staff member
from each building and two members of our Millennial Work Group,which will be working with the Health
Department and Senior Management Team.The Return to Work Task Force will be meeting weekly starting
next week. Additionally, policies have been established regarding vacation carry-over for essential
employees and Senior Management Team members that are unable to utilize any vacation time during the
state of emergency and requiring that all other employees begin using some of their accrued vacation
Town Meeting
2020 Annual Town Meeting is anticipated to start in early June and preparations for a virtual 2020 Town
Meeting continue. Mr. Pato has drafted a User's Guide for participation in a remote Town Meeting. In
addition a Q & A site to be used during Town Meeting, has been created for Town Meeting members and
members of the public can submit questions.
Boards, Committees &Committees
Additional Boards and Committees have started meeting virtually for necessary meetings.
Next, Dr. Wendy Heiger-Bernays, Lexington Board of Health Chair, highlighted some of the ongoing
efforts of the Lexington Office of Public Health such as conducting clinical and demographic case
interviews as required by Massachusetts Department of Public Health; explaining quarantine protocols,
follow up on symptoms and testing as indicated,investigate clusters of cases and congregate living settings
review and update infection control protocols with long term care facilities as their daily needs change;
coordinate drive through testing events both in Lexington and notification of drive through testing events
and other communities; following new developments on testing for the virus as we move forward with
updating screening protocols and develop communication and guidance documents for the
recommendations to the Board of Health on needed advisories.
2. Discuss Pole Hearing Process
Mr. David Horton, Andersen & Kreiger, stated that one of the topics that is entrusted to municipalities is
regulating the location of utility poles, as detailed in G.L. c. 166, § 22, and the conditions under which
utilities may bury underground utilities under public ways pursuant to G.L c. 166, §25. Section 22 provides
that a company wishing to construct utility poles and lines "upon, along, under, or across" a public way
must petition the Select Board,which in turn should hold a duly noticed public hearing. He said the Select
Board may issue a Grant of Location specifying details like the location and material of poles and the
number and height of lines. In addition, G.L. 164, § 25 allows the Board to adopt"reasonable regulations"
concerning the erection of electric lines or the digging of underground conduits.
The Select Board reviewed the below list of the issues provided by Anderson&Kreiger to be a guide for the Select
Board's review in Grant of Location hearings:
Issues Town Can Address in Grants of Location
Aesthetic Concerns/Bundled Wires.
Adequacy of renderings and engineering plans.
Provisions for review of constructed work and construction practices by qualified town staff or consultants.
Standard construction conditions imposed on other activity in town: Limitations on hours/dates of work,traffic
management,health and safety protocols,and access to emergency contacts for the Town and affected residents.
Insurance requirements to protect Townproperty.
Preservation of public and private property,and restoration of damaged property.
Town accommodations: For example, the Town may address particular requirements for laydown areas or
removal and replacement of town facilities such as parking meters.
Assignability of Grant of Location.
Consistency of the proposed project with zoning,wetlands,and other applicable requirements.
Removal of unused poles for safety reasons.
Coordination with other projects along the same right of way.
Issues the Board Typically Should NOT Address in a Grant of Location
Financial benefits to the utility of an application.
Need for the utility service(e.g.,climate change impacts,redundancy of service).
Corporate integrity or reputation of the applicant.
Concerns associated with utilities other than the applicants'
Double poles(erecting a pole next to an old or defective pole without taking down the old pole).
Radiofrequency/electromagnetic emissions from utilities.
Requests for"mitigation"not tied to the project.
Mr. Sandeen suggested that the policy guidelines include the elimination of unused wires on poles located
on abutting properties. He suggested that the policy guidelines also include safety considerations.
Mr. Pato suggested that the policy guidelines include removal of double poles in adjacent locations.
The Board was in agreement to have Mr. Malloy draft a Select Board Grant of Location Policy based on
the suggested guidelines from Anderson&Kreiger as well as the Board's feedback.
Mr. Malloy stated he would draft a policy for the Boards consideration at a future meeting.
3. Grant of Location for Verizon Pole-Emerson Road
Mr. Lucente opened the hearing at 8:17 p.m.
Mr. Ross Bilodeau, Verizon Representative, stated Verizon and Eversource submitted a petition to install
one(1)JO(jointly owned)pole,P.372/lA, on the westerly side of Emerson Road at a point approximately
8 V southeasterly from the existing pole,P. 372/1 in order to provide new service to 290 Emerson Road.
Mr. Sandeen asked if Verizon would remove the unused wires on four other poles located on the abutting
properties.
Mr. Bilodeau said Verizon would contact the parties who are responsible for the unused wires to inform
them the Town requests the unused wires to be removed.
Upon hearing no further comment, Mr. Lucente closed the hearing at 8:23 p.m.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve one JO Pole
identified as Pole P.372/IA approximately 81 feet southeasterly from the existing pole P.372/1 on Emerson
Road as per VZ N.E. Inc. Plan No. 1A4N9HV Dated April 9, 2020 contingent that Verizon identify the
owners of the unused wires and remove any unused wires which are theirs and make notification to other
parties that unused wires be removed on the poles on the abutting properties.
4. Grant of Location for National Grid Main Extension-Watertown Street
Mr. Lucente opened the hearing at 8:31 p.m.
Ms. Mary Mulroney, National Grid Permit Representative, stated National Grid is seeking to install
approximately 1,800 feet of new 6 inch main starting from the existing 6 inch main in the Watertown St to
Frontage Rd (Rt.2) on-Ramp going down Watertown St to the proposed entry points at 55 Watertown St
and 56 Watertown St. To service(Lot A) 56 Watertown St. Installation of approximately 300 feet of 2 inch
service extending from the proposed 6 inch main extension from Watertown St. Also, to service(Lot B) at
55 Watertown St. Installation of approximately 800 feet of 6 inch service extending from the proposed 6
inch main extension in Watertown Street.This request is to provide gas service to the National Development
project at 55-56 Watertown Street.
Mr. Ted Tye,National Development, said he and Mr. Steve Senna,National Development,were present at
the meeting in support of National Grid's petition and to answer any questions the Select Board may have
of National Development.
Mr. Sandeen stated National Grid public records include a number of unfixed natural gas leaks in Lexington
including one at 41 Watertown and 28 Watertown Street. Mr. Sandeen asked if National Grid would fix
those leaks at the same time that National Grid installs the requested new service in the area.
Ms. Mulroney said that she would bring this concern to National Grid to see if it can be addressed.
Upon hearing no further comment, Mr. Lucente closed the hearing at 8:44 p.m.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the gas
connection as per the petition of National Grid for 55-56 Watertown Street as per plan GP-Lex-1325039-
20-107, as proposed.
5. Clarify Extension of Water and Sewer Interest Due Dates Due to State of Emergency
Mr.Malloy stated a Department of Local Services(DLS)bulletin clarifies that a Town may choose to waive
water and sewer interest and fees. The Town of Lexington bylaw's Section 107-4 states "All municipal
charges and bills shall be due and payable within 30 days from the date of issue. Municipal charges and
bills not paid on time shall thereafter bear interest on the unpaid balance at the rate of 14%per annum. The
Select Board shall have the authority to abate any such interest charges, in whole or in part."
Ms. Kosnoff explained that approving the motion before them today will allow the Treasurer to waive
interest on water and sewer bills issued after March 10, 2020 which are paid by June 20, 2020, consistent
with the vote already taken for property and excise tax bills.Water and sewer bills paid after June 30,2020
will accrue interest at 14%per annum.
Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to abate any interest charges
that are incurred on water and sewer bills issued after March 10,2020 and paid by June 30, 2020.
6. Water and Sewer Abatement Appeal- 19 Robinson Road
Mr. Pinsonneault, DPW Director, stated the owners of 19 Robinson Road appealed to the DPW Director
and Town Manager for large water and Sewer charges. Mr. Pinsonneault noted there are currently eight
water/sewer bills are outstanding.Mr.Pinsonneault,DPW Director stated there are many factors that led to
the large water bills at 19 Robinson Road,including an underestimating meter and a false assessment of the
meter overestimating use.
Mr. Pinsonneault said that if the resident would agree and pay $1,593.72 of historical owed charges and
continue to pay water bills moving forward, he recommend abating the balance of $55,385.27 which
includes interest.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve an abatement
on the water and sewer bill in the amount of$55,385.27 for 19 Robinson Road.
7. 2020 Annual Town Meeting
• Update on Town Meeting Plans
Due to COVID-19 pandemic, 2020 Annual Town Meeting is targeted to be held remotely beginning the
first week of June 2020.
Mr. Pato reported that remote participation training sessions have been scheduled for each individual
precinct as well as an all-participant mini training session with all Town Meeting members. The training
session will begin the week of May 11, 2020. In addition, Mr. Pato said a user's guide is being developed
for the participants of Town Meeting.
• Articles/Positions
The Board discussed the consent agenda and article positions. The resulting chart is appended to the end
of these minutes.
Article 16a-Police indoor/outdoor firing range
Mr. Sandeen stated he thought the motion for Article 16a was to contain contingency of a grant being
received and a business plan being subinitted.
Mr. Lucente asked the Board if they would like to see a motion for Article 16a updated to include the
contingencies Mr. Sandeen mentioned.
Ms. Barry and Mr. Pato recalled there was an article from a previous Town Meeting that sought funds for
school renovation which contained contingencies in the motion related to the release of those funds. The
Board asked Mr. Malloy to look at that motion as reference and to update the motion for Article 16a to
include appropriate contingencies regarding receipt of a grant and business plan.
Mr. Sandeen stated he would be a wait for his position on Article 16a until he reviews a revised motion.
Article 19b - Appropriate to the Affordable Housing Capital Stabilization Fund, from the Affordable
Housing Special Revenue Fund and 19c -Appropriate from the Affordable Housing Capital Stabilization
Fund to fund renovations and capital improvement projects at properties in the Town's affordable housing
inventory.
Mr. Lucente stated that Ms. Brown, Town Moderator, informed him that the votes of the Capital
Expenditure Committee and the Appropriation Committee respectively were not unanimous to have Article
19b and 19c to be on the consent agenda,therefore these articles need to be taken off the consent.
The Board updated their positions and voted in support of Article 19b and 19c to be taken up individually
at 2020 Annual Town Meeting with the motion to stay as proposed.
8. Approve Limousine License Renewal
Upon a motion duly made and seconded,by roll call, the Select Board voted 5-0 to approve the Limousine
License renewal application and issue one (1) renewed Limousine License to MN Black Car, LLC, 425
Woburn Street.
CONSENT AGENDA
1. Approve and Sign Proclamations
The Board is being asked to sign the following proclamations:
National Police Week and Peace Officers Day. National Police Week is being celebrated this year from
May 10 - 16, 2020 and encourages all citizens to join in recognizing law enforcement officers. Peace
Officers Memorial Day is celebrated May 15, 2020 in honor of law enforcement officers who have made
the ultimate sacrifice in service to their community or have become disabled in the performance of duty.
This request includes lowering the Battle Green flag on May 15, 2020.
National Public Works Week.National Public Works Week is being celebrated this year from May 17-23,
2020 and encourages all citizens to join in recognizing the employees of the Lexington Department of
Public Works for their hard work and dedication to the Town.
Upon a motion duly made and seconded,by roll call vote, the Select Board voted 5 -0 to approve and sign
the following proclamations:National Police Week-Peace Officers Day and National Public Works Week.
Ms.Barry recused herself from the Executive Session as her husband is an employee and exited the meeting.
AJDOURN and EXECUTIVE SESSION
Upon a motion duly made and seconded, by roll call,the Select Board voted 4-0 by roll call to adjourn the
open session portion of this meeting at 9:28 p.m. and go into Executive Session under exemption three to
discuss strategy with respect to collective bargaining related to Lexington Department of Public Works
Union at 9:35 p.m. Further, Mr. Lucente declared that an open meeting may have a detrimental effect on
the negotiating position of the Town.
A true record; Attest:
Kim Katzenback
Executive Clerk
Select Board Article Positions (as of 5/4/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles DL JP SB JH MS
Article 2-Reports C C C C C
Article 3- Cary Lecture Series C C C C C
Article 4-Appropriate FY 2021 Operating Budget C C C C C
Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C
Article 6- Establish Qualifications for Tax Deferrals C C C C C
Article 7-Petition General Court to Amend Legislation Regarding Tax C C C C C
Deferrals
Article 9-Establish/Continue Departmental Revolving Funds C C C C C
Article 10- Appropriate for Community Preservation Committee C C C C C
(Articles I Oa thru 101 and IOn thru IOo only)
Article 11 -Appropriate for Recreational Capital C C C C C
Article 12-Appropriate for Municipal Capital and Equipment Program C C C C C
Article 13 -Appropriate for Water System Improvements C C C C C
Article 14-Appropriate for Wastewater System Improvements C C C C C
Article 15-Appropriate for School Capital and Equipment C C C C C
Article 16b-Center Recreation Complex Bathrooms&Maintenance Bldg C C C C C
Renovation
Article 16c-Public Facilities Master Plan C C C C C
Article 16d -LHS Science Classroom Space Mining C C C C C
Article 16e-Townwide Rooting Program C C C C C
Article l6f-School Building Envelopes and Systems C C C C C
Article l6g-Municipal Building Envelopes and Systems C C C C C
Article 16h- Facility and Site improvements-Building Flooring program C C C C C
and School Paving Program
Article 16i-Public Facilities Bid Documents C C C C C
Article 16j -Public Facilities Mechanical/Electrical System Replacements C C C C C
Article 17-Appropriate to Post Employment Insurance Liability Fund C C R C C
Article 18-Rescind Prior Borrowing Authorizations-IP IP,C IP,C IP, C IP,C IP,C
DL JP SB JH MS
Article 19a- Appropriate from the Capital Stabilization Fund for projects C C C C C
excluded from the limits of Proposition 2'/Z
Article 20-Appropriate from Debt Service Stabilization Fund C C C C C
Article 21 -Appropriate for Prior Years Unpaid bills-IP IP,C IP,C IP, C IP,C IP,C
Article 22-Amend FY 20 Operating,Enterprise, CPA budgets C C C C C
Article 23 -Appropriate for Authorized Capital Improvements C C C C C
Article 26-Amend Historic Districts Commission Enabling Legislation C C C C C
Article 27-Amend General Bylaws-Noise Construction C C C C C
Article 30-Land exchange(Citizen) C C C C C
Article 31 -Historic Preservation demo delay(Citizen)-IP IP,C IP,C IP, C IP,C IP,C
Article 32-Extend Hancock-Clark Historic District(Citizen)-IP IP,C IP,C IP, C IP,C IP,C
Article 46- Amend zoning-Reduce GFA(Citizen)-IP IP,C IP,C IP, C IP,C IP,C
Potential Consent Agenda Articles-Motion will state refer back to DL JP SB JH MS
Planning Board
Article 35-Amend Zoning Bylaw-Distances from basement, slab or RB RB RB RB RB
crawl space and groundwater
Article 36-Amend Zoning Bylaw- Short term rentals RB RB RB RB RB
Article 37-Amend Zoning Bylaw-Site plan review RB RB RB RB RB
Article 38-Amend Zoning Bylaw-Financial services RB RB RB RB RB
Article 39-Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB
Article 40-Amend Zoning Bylaw-Wireless Communications Facilities RB RB RB RB RB
Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB
Article 43 -Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB
Article 44-Amend Zoning Bylaw and Map-Bedford St near Hartwell RB RB RB RB RB
Ave
Article 45-Amend Zoning Bylaw-Front year,transition,and screening RB RB RB RB RB
areas
Motion will state refer back to Select Board DL JP SB JH MS
Article 8- Short term rental fee RB RB RB RB RB
Article 24-Reduce Legal expenses(citizen) RB RB RB RB RB
DL JP SB JH MS
Article 28-Amend general bylaws-(citizen) RB RB RB RB RB
Article 29-Declare climate emergence(citizen) RB RB RB RB RB
Article 33 -Amend general bylaws-Running bamboo(citizen) RB RB RB RB RB
Article 34-Amend special legislation surcharge-(citizen) RB RB RB RB RB
Articles that are time sensitive DL JP SB JH MS
Article 10m-LexHab-116 Vine St Design funds using CPA Y Y Y Y Y
Article 16a-Police indoor/outdoor firing range Y Y Y Y W
Article 16k-Westview Cemetery building construction Y Y Y Y Y
Article 19B—Appropriate to the Affordable Housing Capital Stabilization Y Y Y Y Y
Fund, from the Affordable Housing Special Revenue Fund
Article 19C-Appropriate from the Affordable Housing Capital Y Y Y Y Y
Stabilization Fund to fund renovations and capital improvement projects at
properties in the Town's affordable housing inventory
Article 25-Purchase of land (parking spaces) W W W W W
Article 42- 1050 Waltham st(developer) Y Y Y Y Y
Select Board Meeting
June 1, 2020
A remote participation meeting of the Lexington Select Board was called to order at 6:02 p.m. on
Monday, June 1, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms.
Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell,
Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
Mr. Lucente stated the 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.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. 2020 Annual Town Meeting & Special Town Meeting-Article Discussion/Positions
• Article 11 - Appropriate for Recreational Capital
Mr.Malloy stated he,the Assistant Town Manager for Finance and the Recreation and Community
Programs Director recommend postponing the $100,000 in Article 11 (a)that was planned for the
Pine Meadows Clubhouse renovation design and (b) $80,000 for the capital equipment for Pine
Meadows by referring it back to the Select Board to bring it back at a future Town Meeting.
The Select Board was in agreement to remove Article 11 off the consent and to add it to those
articles recommended to be referred back to the Select Board.
0 Article 10M - LexHab-116 Vine St Design funds using CPA
Mr. Malloy stated there may be a request submitted to split the Article 10 M motion into two
motions for the funds, one for $75,000 and the other or $25,000. The $25,000 to be used to study
whether the Hosmer House could be moved to this location.
The Select Board was amenable if the motion should get split into two separate motions and said
would keep their position of support for the Article 1 OM with one or two motions.
• Article 19b—Proposed Resolution from Mr. Eric Michelson
Mr. Lucente stated Mr. Eric Michelson will be submitting a proposed resolution to Article 19b to
Town Meeting which asks that the affordable housing mitigation payment that comes from
Brookhaven be used only towards creation of additional affordable housing units and not be used
toward maintenance of affordable housing.
Mr.Malloy explained the Memorandum of Agreement(MOA)between the Town and Brookhaven
outlines how the calculation will be made for the mitigation funds and indicates how those can be
used.
Mr. Makarious, Anderson & Kreiger, Town Counsel, stated the first two sections in the MOU,
clearly identify that the mitigation amount is based on the number of affordable units that
Brookhaven might have had to build if it was if it was a private developer and going through
regular zoning, for instance, and the impact on the Town denominator for chapter 40b purposes.
However, the actual funding piece of the MOU says that the money will be used for affordable
housing purposes. Mr. Makarious stated it is his opinion as the MOU is written it would be
permissible to move the money that comes from Brookhaven into the affordable housing Capital
Stabilization Fund and that fund can be used broadly to build new affordable housing, but it can
also be used to renovate and repair and maintain existing affordable housing that the town owns
including the LexHab units. He said the resolution being proposed is a non-binding and looks to
limit the movement of the funds and the purpose for them.
Upon discussion, the Select Board agreed that it is important to be able to adequately fund the
maintenance of the Town's existing affordable housing units and therefore the Board was not in
favor of the proposed resolution. The Board maintained their position for the original Articlel9b
motion.
The resulting chart of the Select Board Annual Town Meeting article positions appended to the
end of these minutes.
AJDOURN
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 by roll call to
adjourn the meeting at 6:40 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Select Board Article Positions (as of 6/1/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles DL JP SB JH MS
Article 2 -Reports C C C C C
Article 3- Cary Lecture Series C C C C C
Article 4 -Appropriate FY 2021 Operating Budget C C C C C
Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C
Article 6 - Establish Qualifications for Tax Deferrals C C C C C
Article 7 -Petition General Court to Amend Legislation Regarding C C C C C
Tax Deferrals
Article 9 -Establish/Continue Departmental Revolving Funds C C C C C
Article 10 - Appropriate for Community Preservation Committee C C C C C
(Articles IOa thru 101 and I On thru I Oo only)
Article 12 - Appropriate for Municipal Capital and Equipment C C C C C
Program
Article 13 -Appropriate for Water System Improvements C C C C C
Article 14 -Appropriate for Wastewater System Improvements C C C C C
Article 15 -Appropriate for School Capital and Equipment C C C C C
Article 16b-Center Recreation Complex Bathrooms&Maintenance C C C C C
Bldg Renovation
Article 16c -Public Facilities Master Plan C C C C C
Article 16d -LHS Science Classroom Space Mining C C C C C
Article 16e-Townwide Roofing Program C C C C C
Article 16f- School Building Envelopes and Systems C C C C C
Article 16g-Municipal Building Envelopes and Systems C C C C C
Article 16h- Facility and Site improvements-Building Flooring C C C C C
program and School Paving Program
Article 16i-Public Facilities Bid Documents C C C C C
Article 16j - Public Facilities Mechanical/Electrical System C C C C C
Replacements
Article 17 - Appropriate to Post Employment Insurance Liability C C R C C
Fund
Article 18-Rescind Prior Borrowing Authorizations-IP IP, C IP, C IP, C IP, C IP, C
Article 19a- Appropriate from the Capital Stabilization Fund for C C C C C
projects excluded from the limits of Proposition 2'/z
Article 20 -Appropriate from Debt Service Stabilization Fund C C C C C
Article 21 -Appropriate for Prior Years Unpaid bills-IP IP, C IP, C IP, C IP, C IP, C
Article 22-Amend FY 20 Operating, Enterprise, CPA budgets C C C C C
Article 23 -Appropriate for Authorized Capital Improvements C C C C C
Article 26 - Amend Historic Districts Commission Enabling C C C C C
Legislation
Article 27 -Amend General Bylaws-Noise Construction C C C C C
Article 30 -Land exchange (Citizen) C C C C C
Article 31 -Historic Preservation demo delay(Citizen)-IP IP, C IP, C IP, C IP, C IP, C
Article 32-Extend Hancock-Clark Historic District(Citizen)- IP IP, C IP, C IP, C IP, C IP, C
Article 46 - Amend zoning-Reduce GFA(Citizen)-IP IP, C IP, C IP, C IP, C IP, C
Select Board Article Positions (as of 6/l/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles-Motion will state refer back DL JP SB JH MS
to Planning Board
Article 35-Amend Zoning Bylaw-Distances from basement, slab or RB RB RB RB RB
crawl space and groundwater
Article 36 -Amend Zoning Bylaw- Short term rentals RB RB RB RB RB
Article 37 -Amend Zoning Bylaw-Site plan review RB RB RB RB RB
Article 38 -Amend Zoning Bylaw-Financial services RB RB RB RB RB
Article 39-Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB
Article 40 - Amend Zoning Bylaw-Wireless Communications RB RB RB RB RB
Facilities
Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB
Article 43 -Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB
Article 44 - Amend Zoning Bylaw and Map- Bedford St near RB RB RB RB RB
Hartwell Ave
Article 45 - Amend Zoning Bylaw-Front year, transition, and RB RB RB RB RB
screening areas
Motion will state refer back to Select Board DL JP SB JH MS
Article 8 - Short term rental fee RB RB RB RB RB
Article 11 -Appropriate for Recreational Capital RB RB RB RB RB
Article 24-Reduce Legal expenses (citizen) RB RB RB RB RB
Article 28 -Amend general bylaws- (citizen) RB RB RB RB RB
Article 29-Declare climate emergence (citizen) RB RB RB RB RB
Article 33 -Amend general bylaws-Running bamboo (citizen) RB RB RB RB RB
Article 34-Amend special legislation surcharge-(citizen) RB RB RB RB RB
Articles that are time sensitive Presenter DL JP SB JH MS
Article IOm-LexHab-116 Vine St Design funds using CPA JP Y Y Y Y Y
Article 16a-Police indoor/outdoor firing range JH Y Y Y Y W
Article 16k- Westview Cemetery building construction SB Y Y Y Y Y
Article 19B — Appropriate to the Affordable Housing Capital MS Y Y Y Y Y
Stabilization Fund, from the Affordable Housing Special
Revenue Fund
Proposed Resolution
N N N N N
Article 19C-Appropriate from the Affordable Housing Capital MS Y Y Y Y Y
Stabilization Fund to fund renovations and capital
improvement projects at properties in the Town's affordable
housing inventory
Article 25 -Purchase of land(parking spaces) DL Y Y Y Y Y
Article 42- 1050 Waltham st(developer) JP Y Y Y Y Y
Select Board Meeting
June 3, 2020
A remote participation meeting of the Lexington Select Board was called to order at 6:00 p.m. on
Wednesday, June 3, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms.
Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager;
Ms.Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
Mr. Lucente stated the 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.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. 2020 Annual Town Meeting & Special Town Meeting -Article Discussion/Positions
Article 1 Ok—Parker Meadow Accessible Trail Construction
Mr. Lucente stated article 1 Ok-Parker Meadow accessible trail construction project was removed
from the consent agenda to be taken up individually at the 2020 Annual Town Meeting.
Mr. Lucente reviewed the following motion:
k)That$551,026 be appropriated for Parker Meadow Accessible Trail Construction,
and to meet this appropriation $551,026 be appropriated from the Unbudgeted
Reserve of the Community Preservation Fund
All Board members were in support of Article IOk Parker Meadow Accessible Trail Construction.
Article IOM - LexHab-116 Vine St Design funds
Mr. Lucente stated that following motion for article 10m may be split into two separate motions
at Annual Town Meeting.
m) That $100,000 be appropriated for LexHAB - 116 Vine Street Design Funds,
and to meet this appropriation $75,000 be appropriated from the Community
Housing Reserve of the Community Preservation Fund and $25,000 be
appropriated from the Historic Resources Reserve of the Community Preservation
Fund;
Mr. Malloy provided the following topline summary to the Board of his comments he will make
at Town Meeting related to article 10m: The Hosmer House needs to be relocated due to the police
station project and that Hosmer House Study Committee analysis indicated the highest and best
use for the Hosmer House was to be a residence; The Study Committee's recommendation
included relocating the Hosmer House in order to make improvements to Fletcher park to provide
an improved amenity for the community. Mr. Malloy said he would also provide Town Meeting
an update regarding the Hosmer House Request for Proposal process.
The Board confirmed they continue to be in favor of Article lOm whether as a single motion or
two separate motions.
Article 16a- Police indoor/outdoor firing range
Mr. Lucente stated that Town Meeting Member Wendy Reasenberg submitted to the Town
Meeting Moderator a proposed amendment to refer back Article 16a to the Select Board.
Upon Board discussion, Mr. Lucente, Mr. Pato, Ms. Hai and Ms. Barry stated they were not in
favor of the proposed amendment to refer back article 16a to the Select Board. Mr. Sandeen stated
he was in favor of the proposed amendment to refer back article 16a to the Select Board
The Board confirmed Mr. Lucente,Mr. Pato,Ms. Hai and Ms. Barry were in support of the original
motion for 16a- Police indoor/outdoor firing range and Mr. Sandeen was not in support of the
original motion for 16a.
Article 19b - Proposed Amendment Resolution fiom E. Michelson
The Board reviewed their prepared statement to be given at Annual Town Meeting regarding the
Select Board's vote of 5-0 to oppose the passage of the proposed amendment to warrant article
19b.
The resulting chart of Select Board positions is appended to the end of these minutes.
AJDOURN
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 by roll call to
adjourn the meeting at 6:23 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Select Board Article Positions(as of 6/3/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles DL JP SB JH MS
Article 2 -Reports C C C C C
Article 3- Cary Lecture Series C C C C C
Article 4 -Appropriate FY 2021 Operating Budget C C C C C
Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C
Article 6 - Establish Qualifications for Tax Deferrals C C C C C
Article 7 -Petition General Court to Amend Legislation Regarding C C C C C
Tax Deferrals
Article 9 -Establish/Continue Departmental Revolving Funds C C C C C
Article 10 - Appropriate for Community Preservation Committee C C C C C
(Articles I Oa thru 101 and 1 On thru I Oo only)
Article 12 - Appropriate for Municipal Capital and Equipment C C C C C
Program
Article 13 -Appropriate for Water System Improvements C C C C C
Article 14 -Appropriate for Wastewater System Improvements C C C C C
Article 15 -Appropriate for School Capital and Equipment C C C C C
Article 16b-Center Recreation Complex Bathrooms&Maintenance C C C C C
Bldg Renovation
Article 16c-Public Facilities Master Plan C C C C C
Article 16d -LHS Science Classroom Space Mining C C C C C
Article 16e-Townwide Roofing Program C C C C C
Article 16f- School Building Envelopes and Systems C C C C C
Article 16g-Municipal Building Envelopes and Systems C C C C C
Article 16h- Facility and Site improvements-Building Flooring C C C C C
program and School Paving Program
Article 16i-Public Facilities Bid Documents C C C C C
Article 16j - Public Facilities Mechanical/Electrical System C C C C C
Replacements
Article 17 - Appropriate to Post Employment Insurance Liability C C R C C
Fund
Article 18-Rescind Prior Borrowing Authorizations-IP IP, C IP, C IP, C IP, C IP, C
Article 19a- Appropriate from the Capital Stabilization Fund for C C C C C
projects excluded from the limits of Proposition 2�/z
Article 20 -Appropriate from Debt Service Stabilization Fund C C C C C
Article 21 -Appropriate for Prior Years Unpaid bills-IP IP, C IP, C IP, C IP, C IP, C
Article 22-Amend FY 20 Operating, Enterprise, CPA budgets C C C C C
Article 23 -Appropriate for Authorized Capital Improvements C C C C C
Article 26 - Amend Historic Districts Commission Enabling C C C C C
Legislation
Article 27 -Amend General Bylaws-Noise Construction C C C C C
Article 30 -Land exchange (Citizen) C C C C C
Article 31 -Historic Preservation demo delay(Citizen)-IP IP, C IP, C IP, C IP, C IP, C
Article 32 -Extend Hancock-Clark Historic District(Citizen)-IP IP, C IP, C IP, C IP, C IP, C
Article 46 - Amend zoning- Reduce GFA(Citizen)-IP IP, C IP, C IP, C IP, C IP, C
Select Board Article Positions (as of 6/3/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles-Motion will state refer back to DL JP SB JH MS
Planning Board
Article 35 - Amend Zoning Bylaw- Distances from basement, slab or RB RB RB RB RB
crawl space and groundwater
Article 36-Amend Zoning Bylaw- Short term rentals RB RB RB RB RB
Article 37-Amend Zoning Bylaw-Site plan review RB RB RB RB RB
Article 38-Amend Zoning Bylaw- Financial services RB RB RB RB RB
Article 39-Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB
Article 40-Amend Zoning Bylaw-Wireless Communications Facilities RB RB RB RB RB
Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB
Article 43 -Amend Zoning Bylaw and Map- Hartwell Ave Area RB RB RB RB RB
Article 44- Amend Zoning Bylaw and Map- Bedford St near Hartwell RB RB RB RB RB
Ave
Article 45-Amend Zoning Bylaw-Front year,transition, and screening RB RB RB RB RB
areas
Motion will state refer back to Select Board DL JP SB JH MS
Article 8- Short term rental fee RB RB RB RB RB
Article 11 -Appropriate for Recreational Capital RB RB RB RB RB
Article 24- Reduce Legal expenses(citizen) RB RB RB RB RB
Article 28-Amend general bylaws- (citizen) RB RB RB RB RB
Article 29- Declare climate emergence(citizen) RB RB RB RB RB
Article 33 -Amend general bylaws-Running bamboo(citizen) RB RB RB RB RB
Article 34-Amend special legislation surcharge- (citizen) RB RB RB RB RB
Articles that are time sensitive Presenter DL JP SB JH MS
Article lOK -551,026 be appropriated for Parker Meadow JP Y Y Y Y Y
Accessible Trail Construction
Article IOm-LexHab-116 Vine St Design funds using CPA JP Y Y Y Y Y
Article 16a -Police indoor/outdoor firing range JH Y Y Y Y N
Proposed Amendment N N N N Y
Article 16k-Westview Cemetery building construction SB Y Y Y Y Y
Article 19B—Appropriate to the Affordable Housing Capital MS Y Y Y Y Y
Stabilization Fund, from the Affordable Housing Special
Revenue Fund
Proposed Amendment Resolution from E. Michelson
N N N N N
Article 19C- Appropriate from the Affordable Housing Capital MS Y Y Y Y Y
Stabilization Fund to fund renovations and capital improvement
projects at properties in the Town's affordable housing inventory
Article 25-Purchase of land(parking spaces) DL Y Y Y Y Y
Article 42- 1050 Waltham st(developer) JP Y Y Y Y Y
Select Board Meeting
June 8, 2020
A remote participation meeting of the Lexington Select Board was called to order at 6:00 p.m. on
Wednesday, June 8, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms.
Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell,
Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
Mr. Lucente stated the 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.
Mr. Lucente explained that when this meeting was originally scheduled, it was not anticipated the
Town Meeting would still be in session. Since the posted agenda contains more items than can be
discussed in a one hour period, he recommended to take up the 2020 Annual Town Meeting and
Special Town Meeting item followed by the Car Parade request item at tonight's meeting and the
remaining items to be rescheduled to Wednesday, June 10, 2020.
1. 2020 Annual Town Meeting & Special Town Meeting-Article Discussion/Positions
• Article 16a- Police indoor/outdoor firing range
Mr. Lucente stated that in light of the immense community discourse related to the passing of
Article 16a-Police indoor/outdoor firing range at the June 4,2020 Annual Town Meeting session,
he would like propose that the Select Board move reconsideration of Article 16a at tonight's June
8, 2020 Town Meeting session. In addition, Mr. Lucente stated, if Town Meeting is willing to
reopen 16A, then a recommended motion to indefinitely postpone the article would be put forth in
order to allow for community conversation on the police indoor/outdoor firing range.
All members of the Board emphasized the importance of starting a meaningful and inclusive
community conversation on police and race in Lexington.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
Select Board's position of moving reconsideration of Article 16a- Police indoor/outdoor firing
range at the 2020 Annual Town Meeting and moving to indefinitely postpone article 16a if the
motion to reconsider is approved.
The resulting chart of Select Board positions is appended to the end of these minutes.
Ms. Deborah Brown, Town Moderator, reviewed the process for moving reconsideration for
Article 16a.
Mr. Lucente asked Ms. Christina Marshall, Anderson Kreiger, to provide Town Counsel's advice
is as it relates to Special Town Meeting and the Governor signing off on remote town meetings,
retroactive remote town meetings bill.
Ms. Marshall stated it that is Town Counsel's advice that Lexington to move forward tonight
with the Special Town Meeting Article 1 - Petition General Court to Authorize Legislation for
Remote Participation for 2020 Annual and Special Town Meetings as an additional assurance for
validity of actions taken at remote town meetings.
Mr. David Kanter,48 Fifer Lane, expressed that he hopes any discussion can take place in a timely
manor and the Police Station Firing Range Article be brought back to a fall Special Town Meeting.
Ms.Donya Shavrini, 12 Smith Avenue, stated she and other concerned citizens are putting together
a petition for the Select Board to reconsider article 16a-Police indoor/outdoor firing range.
Ms. Arielle Rosker., 32 Saddle Club Road, expressed concern regarding the passing of article 16a-
Police indoor/outdoor firing range.
2. Request for Car Parade - LexPride
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
request from LexPride to have Lexington Pride car parade on Sunday, June 14, 2020 as outlined
in their letter dated May 21, 2020.
AJDOURN
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 by roll call to
adjourn the meeting at 6:57 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Select Board Article Positions(as of 6/8/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles DL JP SB JH MS
Article 2-Reports C C C C C
Article 3- Cary Lecture Series C C C C C
Article 4-Appropriate FY 2021 Operating Budget C C C C C
Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C
Article 6- Establish Qualifications for Tax Deferrals C C C C C
Article 7-Petition General Court to Amend Legislation Regarding Tax Deferrals C C C C C
Article 9-Establish/Continue Departmental Revolving Funds C C C C C
Article 10- Appropriate for Community Preservation Committee(Articles I Oa thru C C C C C
101 and 1 On thru I Oo only)
Article 12-Appropriate for Municipal Capital and Equipment Program C C C C C
Article 13-Appropriate for Water System Improvements C C C C C
Article 14-Appropriate for Wastewater System Improvements C C C C C
Article 15-Appropriate for School Capital and Equipment C C C C C
Article 16b - Center Recreation Complex Bathrooms & Maintenance Bldg C C C C C
Renovation
Article 16c-Public Facilities Master Plan C C C C C
Article 16d -LHS Science Classroom Space Mining C C C C C
Article 16e-Townwide Roofing Program C C C C C
Article 16f-School Building Envelopes and Systems C C C C C
Article 16g-Municipal Building Envelopes and Systems C C C C C
Article 16h- Facility and Site improvements-Building Flooring program and School C C C C C
Paving Program
Article 16i-Public Facilities Bid Documents C C C C C
Article 16j-Public Facilities Mechanical/Electrical System Replacements C C C C C
Article 17-Appropriate to Post Employment Insurance Liability Fund C C R C C
Article 18-Rescind Prior Borrowing Authorizations-IP IP,C IP,C IP,C IP,C IP,C
Article 19a- Appropriate from the Capital Stabilization Fund for projects excluded C C C C C
from the limits of Proposition 2'/z
Potential Consent Agenda Articles DL JP SB JH MS
Article 20-Appropriate from Debt Service Stabilization Fund C C C C C
Article 21-Appropriate for Prior Years Unpaid bills-IP IP,C IP,C IP,C IP,C IP,C
Article 22-Amend FY 20 Operating,Enterprise,CPA budgets C C C C C
Article 23-Appropriate for Authorized Capital Improvements C C C C C
Article 26-Amend Historic Districts Commission Enabling Legislation C C C C C
Article 27-Amend General Bylaws-Noise Construction C C C C C
Article 30-Land exchange(Citizen) C C C C C
Article 31-Historic Preservation demo delay(Citizen)-IP IP,C IP,C IP,C IP,C IP,C
Article 32-Extend Hancock-Clark Historic District(Citizen)-IP IP,C IP,C IP,C IP,C IP,C
Article 46- Amend zoning-Reduce GFA(Citizen)-IP IP,C IP,C IP,C IP,C IP,C
Potential Consent Agenda Articles- Motion will state refer back to Planning DL JP SB JH MS
Board
Article 35 - Amend Zoning Bylaw- Distances from basement, slab or crawl space RB RB RB RB RB
and groundwater
Article 36-Amend Zoning Bylaw-Short term rentals RB RB RB RB RB
Article 37-Amend Zoning Bylaw-Site plan review RB RB RB RB RB
Article 38-Amend Zoning Bylaw-Financial services RB RB RB RB RB
Article 39-Amend Zoning Bylaw-Solar energy systems RB RB RB RB RB
Article 40-Amend Zoning Bylaw-Wireless Communications Facilities RB RB RB RB RB
Article 41-Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB
Article 43-Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB
Article 44-Amend Zoning Bylaw and Map-Bedford St near Hartwell Ave RB RB RB RB RB
Article 45-Amend Zoning Bylaw-Front year,transition,and screening areas RB RB RB RB RB
Motion will state refer back to Select Board DL JP SB JH MS
Article 8-Short term rental fee RB RB RB RB RB
Article 11-Appropriate for Recreational Capital RB RB RB RB RB
Article 24-Reduce Legal expenses(citizen) RB RB RB RB RB
Article 28-Amend general bylaws-(citizen) RB RB RB RB RB
Article 29-Declare climate emergence(citizen) RB RB RB RB RB
Article 33-Amend general bylaws-Running bamboo(citizen) RB RB RB RB RB
Article 34-Amend special legislation surcharge-(citizen) RB RB RB RB RB
Articles that are time sensitive Presenter DL JP SB JH MS
Article lOK-551,026 be appropriated for Parker Meadow Accessible Trail JP Y Y Y Y Y
Construction
Article IOm-LexHab-116 Vine St Design funds using CPA JP Y Y Y Y Y
Article 16a-Police indoor/outdoor firing range JH Y Y Y Y N
Proposed Amendment N N N N Y
Select Board Propose Reconsideration 6/8/20 Y Y Y Y Y
Article 16k-Westview Cemetery building construction SB Y Y Y Y Y
Article 19B—Appropriate to the Affordable Housing Capital Stabilization MS Y Y Y Y Y
Fund,from the Affordable Housing Special Revenue Fund
Proposed Amendment Resolution from E.Michelson
N N N N N
Article 19C-Appropriate from the Affordable Housing Capital Stabilization MS Y Y Y Y Y
Fund to fund renovations and capital improvement projects at properties in
the Town's affordable housing inventory
Article 25-Purchase of land(parking spaces) DL Y Y Y Y Y
Article 42- 1050 Waltham st(developer) JP Y Y Y Y Y
Select Board Meeting
June 23, 2020
A remote participation meeting of the Lexington Select Board was called to order at 3:00 p.m. on
Wednesday, June 23, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato;
Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms.
Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
Mr. Lucente stated the 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.
Mr. Lucente stated the same set of pre-established questions will be asked of all three candidates.
The list of the interview questions are appended to the end of these minutes.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Interview Town Counsel Candidates
0 3:00 p.m. Mead, Talerman& Costa
On behalf of the Select Board, Mr. Lucente welcomed Lisa Mead, Adam Costa & Jay Talerman
of Mead, Talerman & Costa. During the approximate one-hour interview, the Select Board
members, in turn, posed the established questions to the representatives of Mead, Talerman &
Costa.
Mr. Lucente thanked the firm of Mead, Talerman & Costa and called a brief recess at 4:06 p.m.
The Board reconvened at 4:15 p.m.
a 4:15 p.m. KP Law
On behalf of the Select Board, Mr. Lucente welcomed Jonathan Silverstein, Lauren Goldberg and
Brian Maser of KP Law. During the approximate one-hour interview, the Select Board members,
in turn,posed the established questions to the representatives of K.P. Law.
Mr. Lucente thanked the firm of K.P. Law and called a brief recess at 5:15 p.m. The Board
reconvened at 5:30 p.m.
0 5:30 p.m. Anderson & Kreiger
On behalf of the Select Board Mr. Lucente welcomed Mina Makarious and Christina Marshall of
Anderson & Kreiger. During the approximate one-hour interview, the Select Board members, in
turn,posed the established questions to the representatives of Anderson &Kreiger.
Mr. Lucente thanked the firm of Anderson & Kreiger and called a brief recess at 6:24 p.m. The
Board reconvened at 6:28 p.m.
2. Deliberate and Vote to Select Town Counsel
Following a discussion reviewing the three qualified law firms' interview responses as well as
their request for proposal submissions, the Select Board came to a consensus to offer the position
of Lexington Town Counsel to Anderson & Kreiger.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to appoint
Anderson & Kreiger as Lexington Town Counsel with Mina Makarious as primary lead.
AJDOURN
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 by roll call to
adjourn the meeting at 7:04 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Interview Questions to Town Counsel Candidates
What do you see as the main legal challenges currently facing municipalities and what issues do you
foresee coming up in the next few years?
How does your firm keep current on the ever changing case law,MGL and other regulations related to
municipalities and how do you update your municipal clients?
Does your firm ever offer general seminars or training on best practices, articles, etc. to officials in
communities that you serve? If so,how often?
Do you typically hold regular office hours in the communities you serve? If so,what are your thoughts
about the effectiveness of this practice?
Please describe a situation in which you have been asked to provide legal advice on a unique ethics case
involving a public employee.
The Town Manager authorizes your firm to work directly with a department on a legal issue. You provide
legal advice to the department head and,based on your conversations it becomes clear that the department
head is not planning to do what you advised. What do you do?
Discuss your firm's experience representing municipalities on a complicated appeal of local zoning
requirements?
Discuss a major case in which you represented a municipality that went against the community; discuss
any review you conducted afterwards and what you might have done differently and what,if any, changes
you made going forward.
Discuss how you work internally when a unique request for a legal opinion is requested of your firm?
What is the review process to ensure the legal opinion presented is defensible?
Please discuss your expertise related to the Community Preservation Act.
Discuss the depth of the"bench"at your firm; if the lead counsel is not available, or is not the
subject matter expert on a specific issue,who will handle such an issue and how do you ensure the backup
attorney is fully prepared for the matter.
What would be the implementation timeline for transitioning to your firm and what would be the steps
you would take to familiarize yourself and your firm with the members of our Select Board, other Boards
and Committees, and the various Town departments?
What is the one most important advantage of your firm over your competitors that would make us glad we
selected you two to five years into the contract?
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Water and Sewer Adjustments
PRESENTER: ITEM
NUMBER:
Doug Lucente, Select Board Chair
C.1
SUMMARY:
Water& Sewer Adjustments recommended by WSAB 8/24/20 ($ 3,663.84)
SUGGESTED MOTION:
Motion to approve the above Water& Sewer adjustments.
FOLLOW-UP:
Treasurer/Collector
DATE AND APPROXIMATE TIME ON AGENDA:
9/14/2020
ATTACHMENTS:
Description Type
FY2021
OW1
ADJUSTMENTS TO WATER/SEWER
AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD
WSAB MEETING AUGUST 24,2020
SB MEETING SEPT 14,2020
ACCQVNT NBR 5TREFT WATER SEWER TOTAL BILL YEAR NOTES
030OB51900 22 SHADE STREET 457.98 $ (1,573.56) (2,031.56) 971923 2020 BROKEN FLUSHER BUTTON
0200437900 11 GROVE STREET $ 36.24 $ 115.44 $ 151.68 965714 2020 LEAKING TOILFTISPIGOT
0200367900 1101 DFORD STREET $ 77.90 $ 154.85 $ 232.75 W4786 2020 ADJUSTED TEAR DOWN BILL
0100178400 56 ROBBINS ROAD (1,247,85) 1,247,85 946707 2020 IRR ON DOMESTIC
($572.12) ($3,091.72) ($3,663.84)
It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills
included herein,unless stated here otherwise,from the due date of the bill until 30 calendar days after the date of written notification to applicant of the
Selectmen's action.
WATER SEWER TOTAL
($572.12) ($3,091.72) ($3,663.84)
DIRECTOR OF PUBLIC WORKS SELECTBOARD 9/14/20