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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