HomeMy WebLinkAbout2022-11-07 SB-min
Select Board Meeting
November 7, 2022
A remote participation meeting of the Lexington Select Board was called to order at 6:00 p.m. on
Monday, November 7, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr.
Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell,
Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the
Town’s website.
EXECUTIVE SESSION
1. Exemption 3: Exemption 3: Discuss Strategy with Respect to Collective Bargaining - Fire
Union (IAF Local #1491)
Ms. Barry recused herself from this item.
Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 at 6:03 to enter
Executive Session under Exemption 3: Discuss Strategy with Respect to Collective Bargaining - Fire
Union (IAF Local #1491), and to reconvene in Open Session following. The Chair stated that an Open
Meeting discussion on this item may have a detrimental effect on the bargaining position of the Town.
The Board reconvened Public Session at 6:39 p.m.
Ms. Barry retook her seat on the Board.
PUBLIC COMMENT
None at this time.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
Ms. Hai noted that she and Mr. Malloy have developed a document called Upcoming Select Board
Agenda Items. This will be publicly available, and it will indicate topics and predicted dates.
Additionally, they worked on a guideline for presentations at Select Board meetings. She also encouraged
all Board members to consider resuming regular office hours that can be posted for the public.
Mr. Lucente stated that he would like to discuss plans for bringing people back into the room during
Board meetings on a future agenda.
Mr. Pato stated that he is working on an issue tracking target. The primary goal is for the Board to be able
to track where it is with respect to community concerns, values, and with respect to its goals throughout
the year.
DOCUMENTS: Correspondence Secretary Report - November 7, 2022, Select Board Concerns and
Liaison Reports - November 7, 2022
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Mr. Malloy stated that he provided the Board with a picture of the first EV marked patrol car received by
the Town. This will mostly be used by the School Resource Officer at this time.
Mr. Sandeen noted that approximately a year ago the Town adopted the Electric Vehicle Fleet Policy.
This calls for an update to the Select Board once a year.
Mr. Pato noted that he would like to discuss LexHAB’s request for ARPA funding at an upcoming
meeting.
Mr. Malloy noted that, during the budget summit next week, the groups will discuss a substantial shortfall
on the municipal side. This is mostly related to the large increase on curbside trash pickup, the settlement
of several labor contracts, an increase in utility costs, and inflationary impacts.
In response to a question from Mr. Sandeen regarding the transformer in the NStar parking lot, Mr.
Malloy stated that Eversource will be removing it and will not be replacing it at this time.
Mr. Malloy explained that the Town has been working with Eversource on double poles in Town.
Eversource has noted 55 double poles in Town where the DPW was listed as the next party to remove
their lines. Out of the total number above poles, it is believed approximately 30 of them have already been
removed. Five of the double poles hold the Fire Department's alarm system. All of the Department’s
alarm systems are currently remote, so these lines can also be removed. This accounts for approximately
35-40 of the 60 poles. Mr. Pinsonneault is working on determining the rest.
DOCUMENTS: 10-28-22, 11-4-22
CONSENT AGENDA
Ms. Hai pulled items #5 and #6 from the Consent Agenda in order to vote on them separately.
1. Approve Select Board Meeting Minutes
To approve and release the Select Board meeting minutes of: September 29, 2022 Select Board, October
3, 2022 Select Board, October 17, 2022 Select Board, October 17, 2022 Joint Select Board/Planning
Board/School Committee/Vision for Lexington Meeting
DOCUMENTS: DRAFT 09292022 Select Board, DRAFT 10032022 Select Board, DRAFT 10172022
Select Board, DRAFT 10172022 Joint Meeting SB, SC, PB, VFL
2. Approve Waiver of Saturday Parking Lot Fees at Depot Parking Lot During Holiday
Shopping Season
To waive all parking fees at the Depot Parking Lot on November 26, 2022, December 3, 2022, December
10, 2022, December 17, 2022, December 24, 2022, and December 31, 2022.
3. Approve and Sign Proclamation – Employee Recognition Day
To approve and sign a proclamation for Employee Recognition Day to honor all Town employees and to
recognize those employees with 10, 15, 20, 25, 30 and 40 years of service.
DOCUMENTS: 2022 Employee Recognition Day Proclamation
4. Approve Contract for Tourism Website Request for Proposal (RFP)
To approve the contract between the Town of Lexington and Sperling Interactive for a five-year period
and further to authorize the Town Manager to execute said contract.
DOCUMENTS: RFP and Contract Documents, Price Proposal, Non-Price Proposal
5. Approve Collective Bargaining Agreements – Public Safety Dispatchers Union; Lexington
Police Patrolman's Association (LPPA); Lexington Municipal Employees Association
(LMEA); Lexington Municipal Management Association (LMMA)
This item was removed from the Consent Agenda.
6. Approve Massachusetts Avenue Road Closure Request – Hancock United Church of Christ
This item was removed from the Consent Agenda.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve items #1-4 of
the Consent Agenda.
The Board individually took up the items removed from the consent
5. Approve Collective Bargaining Agreements – Public Safety Dispatchers Union; Lexington
Police Patrolman's Association (LPPA); Lexington Municipal Employees Association
(LMEA); Lexington Municipal Management Association (LMMA)
Ms. Barry recused herself from this item.
Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the
agreements as stated in the attached Memoranda of Understanding for the Public Safety Dispatchers,
LPPA, LMEA and LMMA.
DOCUMENTS Dispatchers 2022-23 MOU , Dispatchers 2024-26 MOU, LPPA 2022-26 MOU, LMEA
2023-25 MOU, LMMA 2023-25 MOU
6. Approve Massachusetts Avenue Road Closure Request – Hancock United Church of Christ
Ms. Barry and Mr. Sandeen recused themselves from this item.
Upon a motion duly made and seconded, by roll call, the Select Board voted 3-0 to approve Hancock
United Church of Christ's request for a road closure from Massachusetts Avenue at Bedford Street
westerly to Massachusetts Avenue at Harrington Road on Sunday, December 4, 2022 from 9:00am to
12:00pm for the purpose of the annual Manger Sunday service on the front lawn of 1912 Massachusetts
Avenue.
DOCUMENTS: Massachusetts Avenue Road Closure Request for Hancock United Church of Christ's
Manger Sunday Service on 12-04-22
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Public Hearing – Flammable Fuel Storage - 53-55 Watertown Street
Ms. Hai recused herself from this item and Mr. Lucente took the seat as Chair.
Mr. Lucente opened the hearing at 7:05pm. He noted that this request is for a Flammable Fuel Storage
License at 53-55 Watertown Street, Parcel 3-15. The application was reviewed by Fire, Building, Health,
and Conservation department staff who had no objections to the application.
Steve Senna, National Development Company, stated that this request is to park approximately 130 cars
in a parking garage that was designed and permitted through Town Meeting, the Planning Board and
through the Building Department. Construction on this facility recently finished. All of the life safety
systems and fire protection systems are up and running. The final certificate of occupancy process has
also been completed.
Mr. Lucente closed the hearing at 7:07pm.
Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve a Flammable
Fuel Storage License for Lexington Senior Housing Owner LLC for the storage, operation, and
maintenance of flammable and combustible storage at 53-55 Watertown Street, Parcel 3-15 as presented.
DOCUMENTS: Application - Flammable Fuel Storage License
2. Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee
Update
Wendy Manz, Special Permit Residential Development (SPRD) Zoning Bylaw Amendment Ad Hoc
Committee Member, explained that there is a critical shortage of housing in Massachusetts and across the
country, specifically housing that's attainable by middle class and workforce households. In Lexington,
the problem is particularly acute, where zoning and market incentives combine to favor very large houses
on single lots. Much of the Town’s current residential development is wasteful of open space, costly, and
less sustainable in terms of utilities and services. Most new housing in Town is simply unaffordable to all
but a very small percentage of households. Lexington’s real percentage of affordable housing has actually
decreased in recent years, from 5.7% to 5.5%. Lexington’s current average home price is $1.6M.
Lexington’s need for workforce housing that is affordable to households with income between 8% and
121% of the area median is just as great as the need for low-income housing. The area median income for
a family of four in the greater Boston area is approximately $134,580, and 120% of the area median is
approximately $161,496.
Ms. Manz stated that the SPRD’s task was to explore possible changes to Town zoning that might
encourage the creation of more moderate- and low-income housing, while upholding Lexington’s existing
standards and values. To achieve these goals, the group envisions the addition of neighborhoods which
differ from the Town’s current model of large single-family homes, sited on uniform individual lots,
which maintain high standards of workmanship and materials, and complement existing neighborhoods.
T he SPRD has worked in parallel with the Planning Board to create alternative zoning models, which
would be attractive to and feasible for builders. This includes the possibility of cottage style
developments and other models that are more affordable and more inclusive, where seniors can downsize,
and first-time homebuyers can afford to establish themselves. Key to the proposals for Lexington zoning
is to permit a variety of housing forms that represent what's called the “missing middle,” meaning homes
that are on the spectrum between single family homes and apartment buildings, including duplexes,
fourplexes, courtyard buildings, townhouses, cottage courts, etc.
Ms. Manz stated that the SPRD has a few recommendations. Lexington zoning bylaws currently include a
site sensitive residential development model (SSD), which allows detached houses to be sited on a parcel
of land in a way that is sensitive to the natural features, including slopes and vegetation, without having to
conform to standard lot sizes. The first recommendation builds on this model with the following changes:
attached and multifamily houses buildings of varying sizes will be allowed, as they are not currently; the
number of housing units permitted will depend on a cap on total gross floor area for the project, to be
calculated based on a multiplier of the original group plan; the proposed SSD will have an inclusionary
housing requirement of 15% - 20% of the gross floor area, depending on the size of development, with
payments in lieu permitted for developments of seven buildings or fewer.
The second recommendation is to create a new housing model, called a Compact Neighborhood
Development. This would replace the current Balanced Housing Developments and Public Benefit
Development sections of the bylaw. This model would permit variety of housing forms with no minimum
lot size. However, a Compact Neighborhood Development is specifically intended to create smaller
homes. The maximum size of a single housing unit would be 2,800 s.f., and the average size of all units
would be capped at 2,250 s.f. The minimum unit size will be left to be determined by the market. The
number of units would ultimately be capped by a cap on total gross floor area. A Compact Neighborhood
would have an inclusionary requirement of 15%-20% of gross floor area to be an affordable unit, with
payments in lieu permitted for developments of seven buildings or fewer.
The SPRD scaled physical models of these examples at a workshop in the summer. Both builders and
Town representatives agreed that the configurations were possible.
The final recommendation addresses process. Lexington’s current zoning regulations provide alternative
paths for review and approval of housing developments: special permits and site plan reviews. While the
two paths vary in timeline and specific requirements, both provide for detailed review by the Planning
Board. The SPRD has worked with local developers to determine where the Town will get the kind of
housing it wants, and the builders will get a reasonable approval process and sufficient profit to undertake
this kind of housing development. The existing special permit process is less predictable and subject to
more ad hoc requirements from the Planning Board. Site plan review, in contrast, is more predictable
from the developer’s perspective, while still giving the Planning Board appropriate review and controls.
The Committee, after much discussion and consultation, recommends that all new developments be
subject to site plan review.
In response to a question from Ms. Barry regarding the payment in lieu, Ms. Manz stated that builders of
seven or fewer units typically prefer a payment in lieu. It is hoped that the Housing Trust will provide a
place for that money to go, earmarked for the specific purpose. This will then be used to calculate the
amount that will allow additional units to be produced.
In response to a question from Mr. Lucente regarding how to assure high quality construction, Ms. Manz
stated that this should be addressed through the Planning Board’s site plan review process. Carol
Kowalski, Assistant Town Manager for Development, stated that the Committee has also discussed
having design guidelines for these developments.
Mr. Lucente noted that he believes the Compact Neighborhood District square footage seems a bit high.
Ms. Manz stated that this was likely considered just due to the size of houses currently in Lexington, but
this number could be reduced.
Mr. Sandeen stated that he would lean toward requiring units rather than payments in lieu. He asked, if a
payment in lieu is required, how that amount would be calculated. Ms. Manz stated that this would likely
be what it would cost to build 15% of the units as affordable. Ms. Kowalski stated that the primary goal
of this initiative is to get an alternative range of housing types and smaller units than what conventional
housing provide, and to, in every case, try to get a contribution, either through cash, or units of affordable
housing.
In response to a question from Mr. Sandeen regarding which of the housing options the Committee is
leaning toward, Ms. Manz stated that she, personally, is leaning toward the Compact Neighborhood
District option.
Mr. Malloy noted that, as of today, there are 62 homes for sale in Lexington, per zillow.com. The average
price of these units is $2,437,042. The units range from $493,000 for two-bedroom condo, up to $5.55M
for a single-family home. With a 30-year mortgage, at a 5% rate, without property taxes, a person would
have to make $429,000. If property taxes are included, for a house valued at $2.43M in Lexington a
person would need to make $569,000 in order to have 30% income going to housing. There are very few
Town employees that make $569,000.
DOCUMENTS: Presentation - SPRD Committee Report to Select Board (UPDATED 11-07- 2022)
3. FY2023 Water and Sewer Rates – Continuation of Hearing
Ms. Hai reopened the hearing at 7:53pm.
Ms. Kosnoff stated that, after previous discussions with Hanscom AFB and MIT Lincoln Labs, a new
meter has been installed at the Base and the Base’s own metering data was sent to the Town. The Town is
working to interpret all of this data in order to come up with reasonable projections for usage at Hanscom
AFB and MIT Lincoln Labs this year. She requested to continue this hearing to Monday, in order to come
back to the Board with the results of these projections.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to continue the water and
sewer rate hearing until Monday, November 14, 2022.
4. Application: Class II License - Shan Lu d/b/a Shannon L Used Auto Sales, 70 School Street
Ms. Hai explained that Shan Lu d/b/a Shannon L Used Auto Sales, 70 School Street, submitted an
application requesting approval for a Class II License for the purpose of buying and selling vehicles at
auction. The business will operate primarily online with the purchased vehicles being temporarily parked
at Richard Wu d/b/a 50 Concord Road LLC, 50 Concord Road in Bedford, Massachusetts. There is a
parking agreement with Richard Wu to park the vehicles at Concord Road location for the purpose of
cleaning, waxing, vacuuming, and reselling the vehicles online. The license would be for the year 2022
and would expire on December 31, 2022. All application requirements have been fulfilled by the
applicant. The request has also been reviewed by the Building and Zoning Departments with no concerns.
The Building Department stated that no vehicles shall be stored on the property at 70 School Street in
Lexington.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve one Class II
License for Shan Lu d/b/a Shannon L Used Auto Sales, 70 School Street, for the purpose of buying and
selling vehicles at auction and provided no vehicles be stored at 70 School Street at any time.
DOCUMENTS: Richard Wu Parking Agreement for Shan Lu d/b/a Shannon L Used Auto Sales
5. Update on Advanced Metering Infrastructure (AMI)
Dave Pavlik, Water/Sewer Superintendent, stated that in June the project was just under 50% complete,
and the project is expected to be complete in the spring of 2023. The Ion Water app has approximately
20% of accounts signed up. There are expectations to raise this amount higher.
In response to a question from Mr. Lucente, it was noted that the non-response rate is approximately
17.8% of the total accounts, or approximately 2,700 accounts that have not responded to any notification
for this project. Dave Pinsonneault, Director of Public Works, stated that he wants residents and
businesses to know that this is a mandatory swap of the meter or a retrofit. Letters have been going out to
that effect.
In response to a question from Mr. Sandeen, Victoria Walsh, Utility Billing Manager, stated that
notification for the Ion Water app was originally sent in July. She intends to send out another letter
shortly and information will be included in the fall bills.
In response to a question from Ms. Barry, Mr. Pavlik stated that monthly billing will likely take
approximately a year to roll out.
6. Discuss Personal Property Tax Exemption
Ms. Kosnoff stated that personal property is a component of the tax levy. It is grouped together with
commercial and industrial property. Personal property includes tangible items that are not attached to a
building or property. T every year, the assessors do have to collect data on all of this property. The
property is taxed at the same rate as the commercial and industrial rate. Every year the collect data on all
of this property, using an outsourced firm. The assessors then use this data to place a value on personal
property in Town. Personal property depreciates and Lexington does not value anything under 30% of its
original value. During the upcoming tax classification hearing, there are two exemptions that the Board
could apply; one is a residential exemption, and the other is a small business exemption. A personal
property tax exemeption would need to be acted on at Town Meeting, and the threshold for this in Town
is up to $10,000.
Ms. Kosnoff explained that there are four accounts in Town with personal property that is worth more
than $10M. The total personal property value of those four properties $232M, which generates tax
revenue of $6.3M per year. In this particular year, the Town added $53M of new growth to the personal
property for those four accounts. There are 286 accounts between $1,200 and $4,999, with a total value of
$738,000. The total tax revenue generated from those 268 accounts is $20,000. These accounts are adding
$93,000 worth of new value to the Town, which is going to result in $2,500 of new tax revenue. Overall,
there's 386 accounts that are below the State's maximum exemption threshold of $10,000, but that do add
value to the tax levy each year, while depreciating over time.
Ms. Kosnoff noted that there would be very few accounts would benefit from applying a small
commercial business exemption when setting the tax rate. The personal property tax exemption would be
an option to apply a blanket exemption to those who have small value for personal property.
Ms. Hai noted that it appears the amount of work and hours of staff, in order to administer the exemptions
to those properties under $10,000, is possibly at a disproportionate ratio relative to the revenue received.
Mr. Pato noted that this is only a small gesture but still worth pursuing. The small business exemption
does not yield many benefits. This option does provide some benefit to approximately 500 accounts.
DOCUMENTS: PersonalPropertyTaxExemption, Personal Property FAQs
The Board took a five-minute recess.
7. Request to Approve Inter-Municipal Agreement - Sealer of Weights and Measures Services
Mr. Malloy stated that Lexington has been working with Burlington since this past summer to develop a
part-time (approximately 18 hours per week) joint position through an intermunicipal agreement (IMA),
to deal with the State’s announcement that it will no longer provide Sealer of Weights and Measures
services. This part-time position would be a Burlington employee, as they have more devices to do that
work. Burlington would pay 60% of the cost, and Lexington would pay 40% of the costs. The estimated
cost is approximately $15,000 a year.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the IMA
between the Towns of Lexington and Burlington for the provision of Sealer and Weights services and
further to authorize the Town Manager to execute the IMA.
DOCUMENTS: Sealer of Weights & Measures Fees, Sealer of Weights & Measures Agreement, Sealer
of Weights & Measures Position Description
8. Dissolve Select Board Committees
Policy Manual Committee
Mr. Lucente stated that the proposal is to dissolve the Policy Manual Committee. Reasons for dissolution
includes that the Committee has not met since 2019. Also, when the Committee was in place, it struggled
to have a quorum of members to attend a meeting. Finally, Mr. Sandeen reached out to the three
remaining non-Select Board members of that Committee to get their thoughts and opinions. He stated that
one Policy Manual Committee member did not have any objections to the Committee being dissolved,
another member did not respond to the request for information, and the third member suggested that the
Select Board may not have the bandwidth to continue to review existing policies, so the Board may find it
useful to continue having an independent sounding board.
Mr. Lucente stated that it is also being proposed to update the Board of Selectmen Procedures, Policies
and Regulations manual to the following:
Select Board shall change section M) paragraph 2) (page 19) of the LEXINGTON BOARD OF
SELECTMEN PROCEDURES, POLICIES AND REGULATIONS MANUAL to the following
paragraph:
The Select Board shall develop policies to serve as guidelines to the Manager and citizens on a
variety of issues. The Select Board may from time to time request an individual Select Board
Member to review and recommend changes to existing policies or recommend new policies for
the entire Select Board’s review and approval. That Select Board member may obtain input from
another member, as long as those consultations do not extend to a quorum of the members.
Adoption of new policies and revision of existing policies of the Select Board may only be
adopted by affirmative vote of a majority of Select Board at a duly noticed meeting of the Select
Board.
Replace all instances of the words Selectmen or Board of Selectmen with “Select Board” in the
LEXINGTON BOARD OF SELECTMEN PROCEDURES, POLICIES AND REGULATIONS
MANUAL.
Mr. Pato stated that he agrees with the idea of disbanding the existing Policy Manual Committee, in part
because the appointments had no term. However, he believes the Select Board should have a Policy
Committee. This could be modeled after the two-member subcommittee of the School Committee, which
serves as their Policy Committee.
Ms. Hai requested that Mr. Lucente and Mr. Sandeen finish work on the current redline revision to the
Board of Selectmen Procedures, Policies and Regulations manual to then be brought back at a future
meeting for review. She noted the Board should also discuss at a future meeting whether it would prefer a
casual or more formal process for policy review. She also asked that they consider options for a Policy
Subcommittee.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to dissolve the Policy
Manual Committee as proposed.
Noise Advisory Committee
Ms. Hai stated that the Noise Advisory Committee is charged with advising the Select Board on issues
related to the noise bylaw. The Committee is tasked with reviewing the entire bylaw and making
suggestions for updates and regulatory process. The Committee is also tasked with reviewing noise
complaints on a quarterly basis and reporting areas of concern to the Select Board. The Committee is not
charged with physically responding to noise complaints. There has been no action from the Committee
since June of 2022 and there are currently no active members. Town staff is currently working toward a
better management system of monitoring, responding to and tracking noise complaints.
Mr. Malloy noted that certain options are being considered, such as a Viewpoint Cloud management
system, allowing residents to file complaints directly, or a part-time Inspector/Enforcement Officer
position.
Mr. Sandeen stated that, as a liaison to the Noise Advisory Committee, he believes the Committee
fulfilled its charter. He noted that the Noise Advisory Committee has advised the Select Board on
numerous occasions that the Town's current noise bylaw of 10 DBA over ambient is unenforceable. He
recommended that the Board not vote to eliminate the Noise Advisory Committee tonight. There is no
harm in having a Committee that is not currently meeting. There needs to first be clear answers as to who
will be taking over these responsibilities. If staff will be taking the responsibility, he would like to see a
fully funded plan.
Mr. Pato also agreed that the Noise Advisory Committee should not be disbanded at this time. He stated
that, if dissolved, this may lead to more solo resident action to address noise issues and does not believe
the Town is best served in that way. Preserving an open meeting Committee that is focused on the policy
aspects of reviewing the bylaw and looking at how to improve it is what the Town should be doing, and
people should be actively recruited for that.
Mr. Lucente noted that many of Lexington’s colleague communities in Massachusetts have Bylaw
Review Committees. This could deal with noise issues and other bylaw concerns. Ms. Hai suggested that
Mr. Lucente and Mr. Sandeen also consider this proposal during their continued work on this issue.
No vote was taken regarding dissolution of this committee.
DOCUMENTS: 2017A&KOMLAdvisory on "Subcommittees" , Lexington Board of Selectmen
Procedures, Policies and Regulations Manual, Policy Manual Committee Charge, Select Board
Procedures Changes - J. Pato, Policy Inventory - J. Pato, Noise Advisory Committee Charge
ADJOURN
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the
meeting at 9:20pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary