HomeMy WebLinkAbout2019-10-07 BOS-min
Selectmen’s Meeting
October 7, 2019
A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Monday,
October 7, 2019 in the Selectmen’s 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
Ms. Barry recused herself from the Executive Session as her husband is an employee of the
Town.
Upon a motion duly made and seconded by roll call vote, the Board of Selectmen voted 4-0 to
enter into Executive Session at 6:01 p.m. under Exemption 3 Collective Bargaining Update: Fire
Union IAFF Local 1491 and to reconvene in Open Session. Further, it was declared that an open
meeting may have a detrimental effect on the negotiating position of the Town.
The Board of Selectmen returned to Open Session at 6:27 p.m. at which time Ms. Barry rejoined
the meeting.
Mr. Lucente made the following statement:
“For the last two meetings, during the public comment part of our agenda, I have
allowed for our Department of Public Works Employees to comment on ongoing labor
negotiations. On the advice of the Town’s Labor Counsel and on behalf of the Board, I want to
make it clear that this is not how labor negotiations are undertaken in Lexington. Our
negotiation team has kept us informed and we support their positions and believe the contract
that has been offered is fair. I will remind the audience that we are limiting, as we always limit,
the public comment section of the agenda to ten minutes.”
PUBLIC COMMENTS
DPW employees Nick Burke, 66 Richardson Road, Belmont; and Ronald Lochiatto, 1 Turner
Road, Maynard made comments that supported fair, competitive compensation; expressed
concern for loss of employees to higher-paying municipalities; and supported the community
expectation of mutual respect between Town and staff.
SELECTMAN CONCERNS AND LIAISON REPORTS
Ms. Hai said she and Mr. Lucente attended the Bridge School playground ribbon cutting. She,
Mr. Lucente, Mr. Pato and Mr. Sandeen attended the new Minuteman High School ribbon
cutting.
Ms. Hai stated that on October 8, 2019, the Metropolitan Area Planning Council (MAPC) held
its 2019 Annual Statewide Conference for Municipal Officials and Staff, co-hosted by the
Division of Local Services titled “21st Century Municipalities – Challenges & Opportunities”.
Lieutenant Governor Karyn Polito spoke and there was also a panel discussion on the economic
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benefits of communities adapting to the fast-paced changes prevalent in modern municipal
management.
Ms. Hai stated that the Munroe Center for the Arts’ lease is coming up for renewal. The group is
interested in a long-term lease to provide incentives to invest in the building.
Mr. Lucente stated that he and Ms. Hai met with Mr. Creech, Planning Board Chair, and Mr.
Hornig, Planning Board Vice-Chair, to review the agendas for the upcoming Selectmen/Planning
Board joint meetings on October 17, 2019 and October 24, 2019. The October 17, 2019 meeting
will be a public listening session re: having an elected versus an appointed Planning Board.
Mr. Sandeen reported that the Noise Committee is examining best practices in surrounding
communities and will report back to the Board in December with a recommendation. Also, the
Housing Partnership will have a joint meeting with the Board of Selectmen on November 4,
2019 to discuss chapters 40Rand 40S of the Massachusetts General Laws. These are smart
growth initiatives that would encourage denser housing and potentially possible subsidies to the
Town for students living in that housing.
TOWN MANAGER REPORT
Mr. Malloy announced Ralph Pecora, Water and Sewer Supervisor, will retire. Mr. Malloy
introduced new Health Director, Kari Sasportas.
Ms. Sasportas gave a brief overview on the importance of the flu vaccine. A family flu clinic
will be provided by the Lexington Health Department at the Lexington Public Schools Central
Office Building on Saturday, October 26, 2019 from 9:30am to 12:30pm.
ITEMS FOR INDIVIDUAL CONSIDERATION (items re-ordered from original agenda)
1. Liquor License - Change of Manager – Aloft
Mr. Lucente said Lixi Hospitality Lexington FB MGT, Inc., d/b/a Aloft Lexington has submitted
all the necessary paperwork requesting approval for a change of manager on their All-Alcoholic
Innholder Liquor License.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
application reflecting the change of manager to be Harley David Jaggi and issued an All-
Alcoholic Innholder Liquor License for Lixi Hospitality Lexington FB MGT, Inc., d/b/a Aloft
Lexington located at 727 Marrett Road-A reflecting the same.
2. Grant of Location for Verizon Pole: Lincoln Street - Continued Hearing
Mr. Lucente informed the Board that Verizon has requested postponement of this item until the
Board of Selectmen’s October 21, 2019 meeting at 7:00 p.m. to allow time to obtain abutter and
developer confirmation of pole location.
Mr. Lucente amended the order of the agenda to take up the consent agenda.
CONSENT AGENDA
1. Approve and Sign Eagle Scout Commendation Letter - James Shuhe Ma
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Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to send a letter of
commendation congratulating James Shuhe Ma for attaining the highest rank of Eagle in Boy
Scouting.
2. Approve One-Day Liquor Licenses
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a One
Day Liquor License for Saint Brigid Church to serve beer, wine, and alcohol from 6:00 p.m. to
10:00 p.m.at the Parish Dinner to be held at Keilty Hall, Saint Brigid Church, 1981
Massachusetts Avenue, on Saturday, October 19, 2019.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a One
Day Liquor License for the Hancock Nursery School to serve beer and wine from 7:30 p.m. to
9:30 p.m. at the Parent Social to be held at 1912 Massachusetts Avenue, on Saturday, November
2, 2019.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a One
Day Liquor license for Spectacle Management to serve beer and wine from 8:00 p.m. to 10:00
p.m.at the Jackie Evancho event in the lobby of Cary Memorial Building, 1605 Massachusetts
Avenue, on Sunday, December 15, 2019.
3. Approve Use of the Battle Green - Lexington Minute Men Company
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
Lexington Minute Men Company to use the Battle Green on Saturday, October 12, 2019 from
9:30 a.m. to 1:00 p.m. for the purpose of their Autumn drill, consisting of: safety drills,
comprehension of the historical Manual of Arms, marching, and formations. Police, Fire, and
DPW have no objections to this request.
Mr. Lucente returned to the order of the agenda to the Items for Individual Consideration.
ITEMS FOR INDIVIDUAL CONSIDERATION cont’d (items re-ordered from original
agenda)
3. Selectmen Committee Reappointments & Resignation
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to re-appoint Susan
Myerow, Gloria Amirault and Shayna York to the Town Report Committee with terms to expire
September 30, 2020.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the
resignation of David Tabeling from the Lexington Center Committee, effective immediately.
4. Town Office Building Late Day Confirmation
Mr. Malloy reviewed the survey responses, presented first in July, that include an analysis of the
number residents and businesses who accessed Town Office Building services in person during
the Tuesday late hours timeframe of 4:30 to 7:00 PM between May 14, 2019 through June 11,
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2019: Treasurer/Collector 25; Assessor 12; Economic Development 11; Town Clerk 29;
Building Department 55.
The Selectmen agreed that Town Office hours would remain the same: Monday, Wednesday
and Thursday 8:30 a.m. to 4:30 p.m.; Tuesday 8:30 a.m. – 7:00 p.m. and Friday from 8:30 a.m.
to 1:00 p.m.
5. Future Meeting Dates
Mr. Lucente asked the Board for feedback on a proposed schedule of meeting dates for October
2019 through September 2020. Ms. Barry suggested that additional Selectman’s meetings might
be scheduled in March to prepare to Annual Town Meeting. She also said she would be willing
to increase the overall number of meetings in order to shorten the length of each meeting. Ms.
Hai, Mr. Pato, Ms. Barry and Mr. Sandeen expressed concerns that more Monday Selectmen’s
meetings would conflict with their ability to liaise with other committees that meet on Monday
nights.
Mr. Lucente said a revised schedule will be brought back for the Board’s consideration.
6. Joint Meeting Board of Selectmen and School Committee
Integrated Building Design & Construction Policy
At 7:17 p.m. a joint meeting of the Board of Selectmen and the School Committee was called to
order by both Boards.
Present from the School Committee were Eileen Jay, Chair; Scott Bokun; Kathleen Lenihan;
Depika Sawhney and Dr. Julie Hackett, Superintendent of Schools.
The Integrated Building Design & Construction Policy has been working for the past year. The
School Committee, Permanent Building Committee, Sustainable Lexington, Department of
Public Facilities, School Superintendent, and Town Manager have all contributed to the final
document. The document has been reviewed by the Selectmen's Policy Committee. Mr. Malloy
noted that should the Board and School Committee approve the policy tonight, the Police Station
will be the first building designed under the new policy.
Upon a motion duly and made and seconded, the Board of Selectmen voted 5-0 to approve the
Integrated Building Design & Construction Policy with minor edits.
Upon a motion duly made and seconded, the School Committee voted 4-0 to approve the
Integrated Building Design & Construction Policy with minor edits
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to close the Joint
meeting at 7:20 p.m. The School Committee voted 4-0 to close the Joint meeting.
The Selectmen resumed regular session.
7. Public Hearing and Discussion - FY2020 Water and Sewer Rates
Mr. Lucente opened the hearing at 7:25 p.m.
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Ms. Kosnoff reviewed the FY19 water and sewer operations; FY19 billed consumption; and
FY19 retained earnings history. She stated the water fund ended FY19 with a budget surplus of
approximately $620,000 which was attributable to two things: surplus revenues of 379,000 and
unexpended budgeted expenses of $241,000. On the wastewater side, the FY19 year ended in a
budget surplus of $276,000 which was attributable to an approximate $72,000 revenue deficit
and approximately $348,000 in unexpended budgeted expenses.
Ms. Kosnoff said projected retained earnings balances as of June 30, 2019 totaled $1.56 million
in retained earnings in the water fund plus 1.17 million in the wastewater fund.
Ms. Kosnoff stated that $775,000 (water fund) and $700,000 (wastewater), as adopted at the
2019 Annual Town Meeting for the FY2020 water and sewer budgets, served as the basis for
calculating FY2020 water and sewer rates. Ms. Kosnoff noted that budget surpluses offset that
appropriation. These allow the Town to account for any future revenue deficits and also allow
the Town to pay cash for capital projects out of enterprise funds.
Ms. Kosnoff reviewed the history of actual usage from FY13 through FY20 and noted the FY20
usage estimates are lower than the prior year, continuing the downward usage trend.
Ms. Kosnoff presented the proposed preliminary water and sewer rates for FY2020. She noted
that overall, the combined rate increase is approximately 7.3%. This is reflective of a 3.5%
approximate increase in water rates and a 9.3% increase in wastewater rates.
Proposed Proposed
FY20 FY20
Water Rate Wastewater Rate
Tier 1 $4.10 $8.15
Tier 2 $6.14 $13.30
Tier 3 $8.11 $21.15
Irrigation $8.11 NA
Municipal $2.97 $3.50
Hanscom/Lincoln Labs $6.04 NA
VA Hospital $7.22 NA
Bedford-water $3.00 NA
Flat Sewer Rate (annual) NA $407.50
Mr. Malloy noted that once the Town has completed installation of the Smart Meters and
has at least a year’s worth of data, he foresees conducting a rate study, that might lead to
adding more usage tiers to fine tune how usage is calculated and billed. Ms. Kosnoff
added that she foresees switching to a quarterly billing system. Combined with the rate
study, this is likely to require the services of a consultant.
Mr. Lucente closed the hearing at 8:04 p.m.
The Board of Selectmen will vote on the recommended FY2020 water and sewer rates at their
October 21, 2019 Meeting.
8. Discuss Hanscom Air Force Base MIT Lincoln Laboratory Expansion
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Mr. Lucente asked the Board to provide feedback/concerns to Mr. Malloy for a reply to the
recent letter received from Hanscom AFB regarding redevelopment plans for MIT Lincoln Labs’
new 210,000 gross square foot office building.
Ms. Hai stated she would like the Town to actively pursue funding to offset some of the
infrastructure costs which will inevitably come from this project, such as traffic mitigation.
Ms. Barry clarified that this project is a third new building to be built on the property and by
itself represents 400 additional staff. She hopes conversations are happening at all levels so
traffic impacts are addressed and improvements made to public transportation. If another
entrance is created to the site, she prefers the access to come from 2A, rather than from Wood
Street.
Mr. Sandeen asked Mr. Malloy to ask MIT Lincoln Lab and Hanscom AFB how many total
additional employees would be present on the site once the expansions are complete.
Mr. Malloy will draft and send a response letter that includes the Board’s comments.
9. Update on Hartwell Avenue Initiative
With the goal of having a zoning proposal ready for the 2020 Annual Town Meeting, consultant
Ted Brovitz, founder of Community Plan and Design, presented an economic development plan
for the Board’s review. To create the proposed plan, Mr. Brovitz has been working with staff and
property owners, looking at existing rules and regulations, making site visits, analyzing trends,
and identifying opportunities and challenges. His presentation, previously given to the Planning
Board, is an overview also intended to be used when soliciting public feedback.
The Selectmen commented on various aspects of the plan and expressed concerns including:
moving forward with the plan quickly enough so as not to be left behind by companies looking
to the suburbs for more space; local and regional traffic flows and alternative forms of
transportation; coordinating multiple, related and simultaneous issues; hopes that there is
community enthusiasm to revitalize the Hartwell Avenue corridor; the length of time it will take
to complete the such an initiative; whether conversations have taken place with the
Commonwealth about the Armory; making sure that residential property owners and the adjacent
town of Bedford are kept “in the loop”.
The Board took a four minute recess and reconvened shortly after 9 p.m.
10. Discuss Bike Share Program Future
Ms. Casey Hagerty, Economic Development Coordinator, presented an update on the existing
bike share program, begun in 2017, when the Town first sponsored a pilot program using the
Zagster Bike Share service. The program was supported by the Center Committee and Tourism
Committee and administered by the Economic Development Office. Ms. Hagerty included
information about ridership; length of rides; most frequented trip routes; trip originations and
destinations; program cost; and trends in micro-mobility.
Ms. Casey said that during the off season, ideally by the end of the calendar year, the Town will
need to decide whether to continue the program. Staff proposed the concept continuing the bike
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share program by securing corporate sponsorship as the primary funding source, with a focus on
local health and wellness companies.
The Board concurred that further details and cost benefit analysis information would be needed
to consider continuation of the program. Concerns about e-bikes, scooters, and corporate
sponsorships were raised. The Tourism and Bicycle Advisory committees will discuss the bike
share program at their next meetings and provide feedback to the Board.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to extend the contract
with Zagster for a one-month period at no cost to the town.
11. Review Draft of Traffic Rules and Regulations to Include EV Charging Stations in Public
Metered Locations
Mr. Malloy said that the only change made from the previous presentation was the addition of
the fee amount.
An amendment to the document was discussed re: the ability to charge a vehicle without being
subject to the parking lot time limit. Staff noted that overnight parking is prohibited throughout
town which would preclude overnight parking at the charging stations. A wording change was
proposed to clarify how long an EV can remain parked at a municipal location.
Mr. Malloy will make edits and the proposal will come back for approval at a later date.
12. Bicycle Advisory Committee Recommendations
This item is a follow up from an earlier presentation given to the Board in September 2019.
Three areas were addressed: posting 15 mph speed limit signs on the Minuteman bikeway (as
Arlington and Bedford are also considering); sending a letter to the Legislature recommending
action on electric bicycles; approval of a program improvement request for the bicycle safety and
courtesy program.
Speed limit signage
Mr. Lucente noted that the Board received substantial feedback about adoption of a speed limit.
Board members said they were not sure how enforceable such a limit would be. Police Chief
Corr agreed that enforceability would be difficult but he was comfortable if signs were advisory
in nature, rather than regulatory.
The majority of public comment requested that the Board not adopt speed signs, although one
resident supported advisory over regulatory signs. Issues other than speed limitation to improve
safety were raised.
The Board postponed vote until a mock-up of actual signage could be presented.
The letter:
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve letter,
with edits for grammar, to Senator Boncore and Representative Straus, co-chairs Joint
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Committee on Transportation, encouraging adoption of H.3014/S.2071 classifying electric
bicycles.
Bicycle safety and courtesy:
Mr. Pato, liaison to the Bicycle Advisory Committee, asked the Board to comment as to whether
the Town should move toward adoption of a safety and courtesy program. With regard to
upcoming budget discussions, program improvement funds under the Transportation Advisory
Committee/Human Services Department would potentially be requested for community training
efforts to establish safety and courtesy norms.
Mr. Malloy made note of comments provided by Board members and by Bicycle Advisory
Committee Chair Peggy Enders which will be reflected in a subsequent Program Improvement
Request.
13. Approve and Sign Special Town Meeting Warrant 2019-1
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to sign the warrant
for the Special Town Meeting 2019-1 and authorize staff to make non substantive edits as
necessary or recommended by Town Counsel.
14. 2019 Special Town Meeting Articles
Carol Kowalski, Assistant Town Manager for Development, and John Livsey, Town Engineer,
provided an update to the Board on Article 8 - Funding 25% Design - of the Route 4/225
Bedford Street - Hartwell Avenue - Wood Street Transportation Improvement Project.
Selectmen’s comments included: the necessity of outreach to build public support and clarify
what gains the 25% design funding provides; potential for traffic improvement; moving the
glacial process forward in order to qualify for State funding; project scope; collaboration with the
Town of Bedford.
Bob Creech, Chair of the Planning Board, read a letter of unanimous endorsement for Article 8
from the Planning Board.
Public comment included: concerns about timing, the seemingly high amount of the
appropriation, the uncertainty of the project’s benefits, and the footprint of the project’s impact.
Mr. Malloy emphasized that each incremental 25% stage, leading up to 100% design and bidding
process, includes a public input component. The time horizon for this project could be 10 to 15
years beyond this initial stage. Deferred zoning upgrades in this part of town may hinge on
moving ahead with the project.
Mr. Lucente assigned Selectmen to the articles they would present at Special Town Meeting.
15. Selectmen Goals Report
Ms. Barry and Mr. Lucente volunteered to be the designated members to move the Selectmen’s
goals forward, in collaboration with the Town Manager.
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Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the goals
of the Board of Selectmen for 2020-2022 with edits as discussed.
16. Discuss Selectmen Committee Appointment Process
The Board discussed the committee appointment process including: evaluation of needs;
publication of committee/board vacancies; recruitment efforts for qualified and interested
persons; application evaluation process; interview process; selection and appointment
procedures; and on-boarding of new appointees.
Mr. Pato and Ms. Hai volunteered to champion an appointment process review, working with the
Town’s Management Intern. Recommendations will return to the Board in early February.
17. Review and Approve Final Draft of Battle Green and Belfry Interpretive Rail Signs
Dawn McKenna, Tourism Committee Chairman, presented the final draft of the Battle Green and
Belfry Interpretive Rail Signs plan, part of the Battle Green Master Plan project. A Certificate of
Appropriateness from the Historic Districts Commission has already been issued for the project.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Battle
Green and Belfry Interpretive Rail designs dated 9.30.2019, subject to any minor wording
revisions.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve one rail
be fabricated for the Belfry Hill area.
ADJOURN
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the
meeting at 11:35p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Kim Siebert
Recording Secretary
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