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HomeMy WebLinkAbout2018-01-29 BOS-min 71-170 Selectmen's Meeting January 29, 2018 A meeting of the Lexington Board of Selectmen was called back to order at 7:05 p.m. on Monday, January 29, 2018 in the Selectmen's Meeting Room of the Town Office Building, following a Joint Executive Session with the School Committee and 15-minute recess. Ms. Barry, Chair; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. Public Comment Steve McKenna, 9 Hancock Street, spoke about the increasing number of bike sharrows bike path, and other signs that he feels are a blight on the visual landscape of the Historic District. Mr. McKenna said, at the direction of the Town Clerk's office, he left two messages for staff who have not returned his calls; he also contacted four out of five Selectmen on this matter but received no reply. Selectmen Concerns and Liaison Reports Mr. Lucente asked for a future update on when the Maple Street/Pleasant Street traffic lights will be turned on. Town Managers Report Mr. Valente replied to questions the Board has received from property owners who report their 3rd quarter property tax increases are larger than expected. Overall, values had been expected to increase 5% over the preliminary Pt and 2nd quarter bills. The increase is market-driven and based on real estate sales in town. Additionally, the Assessors department worked closely with the Department of Revenue to closely examine Lexington's property values. Depending on the type of house, there were wide fluctuations in value with a 1%-9% range of increases across various styles of single family homes. Two- and three-family homes increased in assessed value 20%-21%. If property owners believe their valuations to be in error, Mr. Valente encouraged them to file an abatement by February 1, 2018. To understand valuations, homeowners should: • Look at the property record to make sure data is correct; • Look at comparable home values; • Look at 2016 sales of comparable homes. The property valuation database can be accessed at the Assessors' office and at the Cary Memorial Library. Homes are listed by style and size. There were about 350 home sales in 2016 in Lexington, on which the new values are based. ATM 2018 Warrant Article Update—Amend Zoning BylawMarrett Road/Springs Street CN and CS District—Citizen's Article Charles Minasian, 3 Fulton Road, owner of 5 parcels of a 7-parcel cluster occupying both sides 71-171 Selectmen's Meeting—January 29, 2018 Marrett Road, presented the article he and his partners intend to bring forward at Annual Town Meeting 2018. With the article, Mr. Minasian asks the Town to make commercial uses consistent on both sides of Marrett Road at this location; add eleven news uses intended to attract commercial renters and fill the current 15% vacancy; replace the current CN and CS districts with a single CG or"commercial general" designation; remove residential uses as an option; and change the density of the Use Table so current non-conforming properties become conforming. Mr. Minasian and his partners also met with the Planning Board to discuss the proposed article. Mr. Minasian stated that the Planning Board recommended revisions to the proposed additional by-right uses but agreed that some uses, such as banks, restaurants, and liquor stores, could be allowed by Special Permit. Drive-thrus for banks have been removed from the proposal. Mr. Minasian said most people he has spoken with are comfortable allowing offices in the district, noting that offices were allowed there in prior years. He and his partners are scheduled to meet with neighbors and Precinct 9 Town Meeting members to gather additional feedback on their proposal. Ms. Ciccolo said she is eager to hear the feedback from the public input process. Ms. Barry questioned some of the changes to the Use Table that seem contradictory to Mr. Minasian's presentation. Mr. Hornig, Planning Board member, explained that, although it appears confusing, Mr. Minasian followed Planning Board practice of indicating that a Special Permit is required for certain uses when, in actuality, the use is not allowed. Ms. Barry asked for a definition of"road side stand" and if there is a square footage designation for a"general merchandise" business. Mr. Hornig said a road side stand would be a business associated with a farm that sells products from that farm. Mr. Hornig said square footage is a factor for a general merchandise business as well as consistency with adjacent commercial districts. Mr. Pato believes it is a good idea to unify the two districts and to have a common Use Table. He asked if Mr. Minasian has reached out to the owners of the other 2 properties in the cluster. Mr. Minasian said the two owners are in agreement with what he and his partners is attempting to do. Mr. Lucente said he, too, believes consistency is good and noted that there are other properties in town that would benefit from similar zoning reorganization. He asked if dimensional controls might impact future redevelopment of the area. Mr. Minasian said it makes no economic sense for him to tear down current buildings and build larger buildings units. His primary goal is to fill vacant storefronts. Mr. Hornig said the dimensions specified in the current zoning do not match what is going on in the district and that parking ratios are the limiting factor. Additionally, by changing the setback, Mr. Hornig hopes parking will go behind the buildings when they are redeveloped. Dawn McKenna asked what criteria Mr. Minasian used to identify the list of abutters to invite to the public meeting; she feels it inappropriate for a liquor store to be allowed in that location as it is close to an elementary school. Mr. Minasian said there are 97 households within 500 feet of the properties; in addition to these abutters, twenty-one Precinct 9 members were invited. 71-172 Selectmen's Meeting–January 29, 2018 ATM 2018 Warrant Article Update—Re-zoning 331 Concord Avenue for Alzheimer's/Senior Residential Facility Lee Bloom and Ted Doyle, LCB Senior Living, Attorney Ed Grant and Robert Buckley, Riemer & Braunstein, spoke to the re-zoning initiative for 331 Concord Avenue. The team presented informally to the Planning Board several months ago and has also embarked on a outreach initiative to abutters and the neighborhood. Mr. Buckley described the proposed high-quality, low-impact, lease-only facility that would include independent living (70 units/10% affordable), assisted (60 units), and memory care (30 units) in a non-medical environment on a 6.23-acre site. Most independent units would be one- bedroom with some two-bedrooms and studios. Assisted living units are predominantly one- bedrooms and studios. The memory care units are all studios. LCB's market research confirms there is a high demand for this type of senior housing. LCB has conducted a traffic study and the Town has engaged a peer reviewer to analyze the impact of the facility on the neighborhood. Reviewer comments are expected very soon. Ms. Ciccolo asked if the facility would use Transportation Management Demand strategies and expressed concern about impacts to the nearby intersection and the site's proximity to April Lane. Mr. Bloom said the team is considering the creation of a collaborative transportation hub to include other senior living facilities such as Brookhaven. Mr. Buckley, as a board member of the Middlesex 3 Coalition, said he has insisted that the LCB join the group. Mr. Bloom said LCB is aware of the problems at the intersection wants to work to improve conditions. LCB has met with the residents of April Lane and intends to improve their current screening from the LCB property, although a tree removal plan has not yet been developed. The height of the front of the building will be 35 feet and the back will, at one point, 50 feet. Ms. Ciccolo asked if the 10% affordability component applies only to the independent living category. Mr. Bloom affirmed this was the case and stated that LCB's business model has not been able to include affordable units in the other, more service-intense categories. Additionally, the Department of Housing and Community Development(DHCD) does not count memory care and assisted living affordable units on the Subsidized Housing Inventory (SHI). However, the team does have some thoughts about how this can be addressed. Ms. Barry said LCB should be aware that the private school going in across the street might affect where the facility's driveway curb cuts go. She wants the affordable ratio to be higher than 10% and is happy to hear that LCB has some creative thoughts to share on expanding affordability to the other two categories. Ms. Barry asked if the site of the facility is ledge and if blasting is expected. If so, this will necessitate a much higher level of outreach. Mr. Bloom agreed, saying that adjacent homes would need to be audited before and after construction. Mr. Pato agreed that affordable units are important for the community. He asked if the memory units would include kitchenettes. Mr. Bloom said there is only a common room kitchen in the memory care part of the facility, not individual kitchens in each unit. 71-173 Selectmen's Meeting–January 29, 2018 Mr. Lucente asked if parking would be available for residents. Mr. Bloom said it is unusual for assisted living and memory care residents to have cars. There will be 160 spaces at the facility, all but 15 of them underground. The typical parking ratio for assisted living is .5 but LCB will go slightly higher; there are 1.5 parking spaces per independent unit. There are 90 FTE staff over the course of three daily shifts. Mr. Lucente said that a facility such as the one proposed has impacts on emergency services. Mr. Buckley said the group had an initial meeting with Police and Fire to discuss this. Mr. Lucente asked for more details about the public outreach. Mr. Bloom said the group began by knocking on doors and then followed up with a general meeting at the condominiums nearby. More meetings are scheduled: Monday, February 5, 2018 at 6:30 p.m. at the Depot building; Thursday, February 8, 2018 at 8 p.m. Cary Hall; a separate meeting with the South Lexington neighborhood group (TBD); multiple meetings for Town Meeting members; and a meeting for the Temple Emanuh congregation in early March(TBD). Mr. Buckley noted that the project's website is interactive and all comments/questions will be addressed. ATM 2018 Warrant Article Update—Amend General Bylaw Regarding Financial Committees David Kanter, Precinct 7 Town Meeting member and Vice Chair of the Capital Expenditures Committee, presented a proposed amendment to the Town's General Bylaws related to the Appropriation Committee and Capital Expenditures Committee. If passed, the article would make revisions that reflect current practice but not expand the scope of either of the committees. Mr. Kanter said the article's recommendations have been coordinated with the two financial committees and the Town Moderator. The official motion will be prepared following review by Town Counsel. The proposed changes are those Mr. Kanter believes are not properly addressed in the current Bylaw such as the financial committees' year-long responsibilities, authority, and activities; invitations to Town personnel; access to Town records; interview of Town staff, reporting at Town Meeting, with additional language that CEC positions on all Capital articles and sub- articles will be heard before a vote can go forward; distribution of the Warrant; and clarification that CEC will be involved with Special Town Meetings processes as well as those at Annual Town Meetings. The Selectmen thanked Mr. Kanter for his work and said they looked forward to reviewing the motion. Review Revised DraftCommunity Center Building Use Guidelines and Fee Structure Melissa Battite, Director of Recreation and Community Programs, and Christine Dean, Director of the Lexington Community Center, presented for review a revised tiered fee structure for room rental s. Ms. Dean said that although changes to the fee structure were discussed before she and Ms. Battite came to Lexington, the input they have received from LCC users during their tenure has 71-174 Selectmen's Meeting–January 29, 2018 informed the changes being presented. One of the biggest changes is the addition of a fifth priority which covers all individuals or groups not specified in Priority 1 through 4. The Community Center is not available to for-profit businesses or groups. The Selectmen were asked to approve the fee strcuture but approval of the guidelines rests with the Town Manager. Mr. Valente said the Town had received some feedback from residents about the guidelines: one was clarifying language that the staff is now reviewing; the second was regarding types of political activities allowed on which Town Counsel will comment. Ms. Ciccolo noted that the Selectmen have seen various drafts of the fee schedule and the structure is arriving at a place that she is comfortable with. She is concerned about the broader guidelines which will be reviewed at a later time. She will forward comments she has received from the State Attorney General's office to Mr. Valente. Ms. Dean said, based on feedback, the language of the guidelines were changed to include 501 c 4 and 501 c 6 organizations. Mr. Pato said he is happy to see that the guidelines reflect the variety of uses residents expect to be able to use the LCC free of charge. He asked that the 501 language be cleaned up throughout the document. He is keenly interested in making sure the policy is both legal and provides reasonable spaces for 501 c 4 and 501 c 6 kinds of activity. Ms. Barry asked that those who will be affected by the new guidelines be contacted. Ms. Dean said, once the guidelines receive an official green light, LCC will reach out to the groups via contact information that has been compiled. Some meetings about this have already taken place. Ms. Barry encouraged Ms. Dean to reach out to those not affected as well to avoid confusion. Robert Peters, 43 Fifer Lane, thanked the Board and staff for the response to his concerns about inclusion of the broader range of non-profit organizations as referenced in the Election Division's guidance on what is allowed in municipal spaces. Wendy Reasenberg, Precinct 8 Town Meeting Member, asked that the guidelines and fee structure be posted on the website for easy access. Ms. Battite and Ms. Dean agreed that once the document is approved, it would be posted along with the room rental application. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adopt the Community Center building fees, effective July 1, 2018/ Update—Police Department Staffing Ms. Barry recused herself on this item as her husband is employed by the Town of Lexington as a Police officer. Ms. Ciccolo assumed the role of Chair. Chief Corr, Captain McLean, Captain Mazerall, and Lieutenant Detective Commander Barry of the Lexington Police, were present to express their concerns about staffing vacancies on the Lexington Police force. Chief Corr stated that, out of a full staff of 50, the department currently lacks 10 officers, 1 sergeant, and another mandatory retirement is anticipated. The vacancies are due to transfers to the State Police, retirements, and the lack of applicants taking the Civil 71-175 Selectmen's Meeting—January 29, 2018 Service exam. The hiring process takes several months and may include Police Academy instruction and subsequent field training. The Commonwealth caps how many job candidates can go to the Police Academy at any given time; if the demand exceeds the cap, communities compete for a smaller number of graduates than are needed. The department has been using unused salaries from vacancies to cover overtime. Because public safety and officer safety is of top priority, several staff have been returned to patrol duties from other positions. While there are some potential candidates in the pipeline, Chief Corr believes the Town is more than a year away from full staffing. With this level of understaffing, it is difficult to meet all the demands made on the department. Ms. Ciccolo asked if lateral transfers occur from other communities. Chief Corr said lateral transfers are unusual and, further, that appointing authorities must sign off on them. However, one individual is currently interested. Staffing problems are a regional phenomenon. The job is difficult and the profession has suffered negative press, particularly in the last few years. Mr. Pato said the issue is critical and applauded the department for its service to the community. He would support doing whatever is necessary to get the force back to full staffing. Mr. Lucente also expressed his gratitude and pledged his support for a collaborative solution. He asked if there is a way to pre-empt anticipated vacancies and how to assure the public that services will be restored. Chief Corr said he is encouraging eligible staff to postpone retirement. He agrees that service to the public are extremely important, as are the youth and diversity programs the department participates in. He is trying to devise creative staffing models to avoid program cuts but, at the moment, he is struggling to cover a basic patrol shifts. Detective Michael Soule, President of the Lexington Police Association (LPA) and a 13-year veteran of the Department, spoke on the behalf of the LPA, noting a number of members in the audience. He said there are currently 25 full-time police officers on the force who are dedicated to the job they perform. He believes the administration is clouding the real issue by pointing to the hiring process as the problem. Until it is determined why officers are leaving, Lexington's vacancy problem will not be fixed. Thirteen officers have left recently and there is the potential to lose another five. The Lexington Police Association is willing to negotiate procedures to provide a fair and equitable hiring process that benefits the Town and the Police department. The LPA does not support legislation that would circumvent this fair discussion. Detective Soule asked for the Board to support remedies to prevent the continued attrition of good officers. A ten-minute recess was called. Ms. Barry called the meeting back to order at 9:03 p.m. Approve Amount to be Bonded for Hastings School Project Staff requested this item be postponed until a later date. 71-176 Selectmen's Meeting–January 29, 2018 Continue ReviewFY2019 Preliminary Budget and Financing Plan/Review of Proposed Capital Buffet Mr. Valente directed the Board's attention to the Capital projects list in the White Book version of the FY19 budget/Annual Town Meeting materials. Mr. Pinsonneault, DPW Director, and Mr. Cronin, Public Facilities Director, and Ms. Battite, Director of Recreation and Community Programming, were also present to answer questions as they arise. The Selectmen posed a variety of questions about the Capital items. Mr. Valente noted that the Community Center expansion does not appear on the list. Hartwell Area TMOD Plan Update— $50,000: Ms. Ciccolo suspects the amount will need to be increased, given the acceleration of the North Hartwell redevelopment initiative. Athletic Facility Lighting–$975,000 /Center Track and Field Reconstruction–$3.340,000: Ms. Ciccolo asked how much of the lighting cost would be recaptured if the lights had to be moved. Mr. Pinsonneault said 50% of the cost of the poles and fixtures would be transferable. Ms. Ciccolo asked if the track would be used in the spring if the project moves forward. Ms. Battite said it would have to be decided if any part of the current track is safe to be used; reconstruction work would take place in the fall. The project timeline would have implications for the middle school and high school track programs. Mr. Lucente asked about the hybrid material that would be used for the track center field. Mr. Pinsonneault said it is essentially natural turf into which artificial fiber has been stitched for durability. The material would not preclude July 4th fireworks from being set off in the area. Ms. Barry asked about the bleachers replacement. Ms. Battite said that the plan is to replace the current bleacher configuration. If the football field moves, the bleacher system might change. Ms. Barry asked her colleagues to express thoughts about whether to move ahead or postpone these two projects. Ms. Ciccolo said the facility is vital to the community and she is favor of moving forward. She believes the community will find a way to resolve the questions associated with the future high school construction. Mr. Pato said the discussions around the track and the high school have been important but he supports moving ahead with the projects as well. Mr. Lucente and Ms. Barry also support the projects for the benefit of the Schools and the community at large. Visitors Center Construction Documents—$200,000: Ms. Ciccolo asked Mr. Valente for a presentation on a financing plan that reflects both the construction schedule as the Town article proposes and the construction plan as laid out by the petitioners' article. Because bond rates are expected to go up and construction costs are increasing, postponement of the project might obliterate the benefits of any grant funding. Mr. Lucente echoed Ms. Ciccolo's sentiments. 45 Bedford Street Fire Station Replacement— $ 18,820,700: Ms. Barry asked that progress updates be posted online so residents can be aware of the project' status. 71-177 Selectmen's Meeting–January 29, 2018 Center Streetscape Improvements Design— $ 450,000: This will bring the project to 100% design/bid document stage. The Board will receive a presentation on the revised 25% design at an upcoming meeting. This project does not include the Battle Green portion of the streetscape; that project is separate. The scope of the Center Streetscape is from Meriam Street to Fletcher Avenue/Woburn Street. Ms. Barry said the Center Streetscape project needs to be made aware if the Police Station curb cut will move. Ms. Barry and Mr. Pato are both concerned that the single phased project might impact readiness for the celebration in 2025. Mr. Pato said he will reserve comments on the Visitors Center and Center Streetscape projects until the Board sees presentations with greater detail. Sidewalk Improvement–$ 800,000: Ms. Ciccolo asked where the Town stands on improving the sidewalk and pavement indexes. Mr. Pinsonneault said the revised audit figures are not yet available. These funds are for the upkeep of existing sidewalk infrastructure. Pelham Road Sidewalk and Roadway Improvements— $ 1,400,000: Mr. Lucente asked if the sidewalk at this location is necessary, given that the Community Center expansion is not yet going forward. Mr. Valente said the Board's past practice has been to include sidewalk access in every municipal building project plan. There will be a playground at the Lexington Children's Place. There is also a reasonable chance that the Community Center expansion will occur in the future. Mr. Valente and Mr. Pato both noted Pelham Road neighborhood concerns about safe pedestrian access. Mr. Pinsonnault said these funds will also be used to improve the sightlines at the intersection of Pelham Road and Massachusetts Avenue. Dawn McKenna, 9 Hancock Street, said she supports the Pelham sidewalk as a connector for a path coming from the Youville campus toward the Scottish Rite Museum/Community Center. Community Center Annex—$250,000 from Recreation Enterprise: Ms. Ciccolo recused herself from the discussion as her family's property abuts the property in question. Mr. Pato said deferring the annex is appropriate. Mr. Lucente said designing the annex is appropriate. Ms. Barry said she believes the Board has a responsibility to keep the promise it made that the Pelham Road property purchase was for both School and Municipal benefit. She is leaning toward voting for the $250,000 conceptual design commitment but needs more information. Lisah Rhodes, Precinct 9 Town Meeting member, spoke on behalf of Nancy Shepherd, Chair of the Community Center Advisory Committee, and Richard DeAngelis of the Recreation Committee. Ms. Shephard supports the expansion of LCC due to capacity and program pressures. She asked for consideration that the expansion be done in phases so Community Center activities are not disrupted. Mr. DeAngelis wrote that the Recreation Committee is in full support of moving ahead with the expansion and has committed Recreation Enterprise funds toward the feasibility study to achieve that goal. Nancy Adler, 22 Village Circle, also spoke in strong support of the project. 71-178 Selectmen's Meeting—January 29, 2018 Wendy Reasonberg, Precinct 8, said that$250,000 is not too much to spend and the expansion concept is not new. The Town deferred a variety of elements when the Community Center was originally designed and funded. Seniors make up 20% of the town's population and rely on the Community Center's programs. David Kanter, Capital Expenditures Committee, said the CEC believes it is premature to devote funding to this project; the public safety console is a higher priority that should be included on the FY19 Capital list. Mr. Kanter noted that the vendor of the current console will no longer support a contract for equipment maintenance. CEC feels deferral of a replacement too big a risk to take. Mr. Valente said Chief Corr is comfortable waiting to replace the console because the existing equipment has been trouble-free even though it is old and due for replacement. The replacement process would also require staff attention that is in short supply due to the vacancy crisis. Mr. Valente said State legislation being put together now for public safety equipment is something Lexington might benefit from. Consent Agenda • Water& Sewer Commitment Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Water and Sewer Commitment Cycle 9 December 2017 for $ 242,145.23. • Minutes Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and release the Open Session minutes of December 18, 2017 and December 19, 2017; and to approve, but not release, the Executive Session minutes of December 18, 2017. Add ourn Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at approximately 10:10 p.m. A true record; Attest: Kim Siebert Recording Secretary