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HomeMy WebLinkAbout2018-03-12 BOS-min Selectmen – March 12, 2018 Page 1 of 11 Selectmen’s Meeting March 12, 2018 A meeting of the Lexington Board of Selectmen was called to order at 6:03 p.m. on Monday, March 12, 2018 in the Selectmen’s Meeting Room of the Town Office Building and immediately entered Executive Session under Exemption 3 to discuss strategy with respect to collective and coalition bargaining related to Municipal and School unions. Upon exiting Executive Session at 7:15 p.m., a five-minute recess was called and Open Session reconvened at 7:20 p.m. Ms. Barry, Chair; Mr. Pato; Ms. Ciccolo; Mr. Lucente; and Ms. Hai were present as well as Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. Public Comments Ann Grady, Follen Church Gun Violence Prevention Committee Chair, said her group’s application to rent the Cary Memorial Building on Sunday, April 8, 2018 for a program entitled “Gun Violence: Action, Truth, and Reconciliation” was denied by the Town. The intention of the program is to highlight the work of Lexington School students in response to the Parkland, Florida school shootings and to have experts, such as the State Attorney General, explain State and Federal gun laws. Ms. Grady asked that the decision be reconsidered and what the appeals process might be. Devesh Patel, a sophomore at Lexington High School, is a member of the “Lexington Says Enough” group. He reported that tensions and anxiety among students and parents have increased since the Parkland shootings. He asked the Gun Violence program be allowed to take place in the community space of the Cary Memorial Building since he believes it to be a conversation and not inherently political. Taylor Singh, 80 Burlington Street/Precinct 7 Town Meeting Member, is also a member of “Lexington Says Enough”. She, too, asked for reconsideration of the decision and noted that the prohibition against use of Cary Hall for political purposes, as stipulated in the bequest of the building donor, seems contradicted by its use for Town Meetings. She believes it would be more responsible, for security reasons, to hold the program near the Police Station, although there is no expectation of violence. Jessie Steigerwald, Precinct 8 Town Meeting Member, asked the Town Manager for reconsideration as well, or that an appeals process be identified that involves a group rather than a single individual. She sees the program as educational because it will provide residents with important information. Follen Church has been organizing this event for more than a year; while it is timely, it is not based on the recent events in Parkland, Florida. Ms. Steigerwald noted she has attended more than one program in the Cary Memorial Building where candidates seeking political office were allowed to speak. She believes the decision to deny use of Cary Hall for the Gun Violence program is inconsistent with permissions given in the past. Valerie Overton, 25 Emerson Gardens, belongs to a group that is co-sponsoring the Gun Violence program. She sees the program as a way of hearing multiple perspectives and offering critical information to a broad variety of people. She believes the program should be open and inclusive and held in a community space. Selectmen – March 12, 2018 Page 2 of 11 Matt Schnall, 143 Cedar Street, encouraged the Board of Selectmen to look into this particular decision for reasons of Town Government transparency. Selectmen Concerns and Liaison Reports Mr. Pato, Ms. Ciccolo, and Ms. Hai asked that the Board follow up the previous public comments by taking a closer look at the Cary Hall rental policy and process. Ms. Barry said the most recent storm resulted in an enormous workload for Town staff and many Lexington residents suffered power outages. Ms. Barry asked Mr. Valente to express the Board’s gratitude to relevant departments. The entire town is now back online but another storm looms. Town Manager Report Mr. Valente reported that, due to the impending storm, trash pick-up for the remainder of the week will be delayed by one day. Also due to the storm, extra staff will be on duty at the DPW, Fire, and Police departments. If more tree damage occurs, the Town’s tree contractor will be available. The Hartwell Compost Site will be open this coming weekend on both Saturday and Sunday (for residents only/no contractors) to accept debris; tree debris larger than 4 inches in diameter will be allowed but must be cut in lengths no longer than 4 feet. The library, Town Offices, Community Center, Meals on Wheels and Lexpress programs will be closed on Tuesday, March 13. All Town government meetings for March 13 have been cancelled and will be rescheduled. All the above information was sent out via the Code Red platform and appears in the Town website’s home page. Request for Use of the Battle Green--#Enough, School Walkout Against Gun Violence The applicant formally withdrew the application on Friday, March 9, 2018. No action is required. Westview Cemetery Building Design Presentation Dave Pinsonneault, DPW Director; Christopher Filodoro, Public Grounds Superintendent; and Justin Humphreys, TBA architect, presented a site plan and proposed new 5,000 SF combined operations and administration building for the Westview Cemetery. The building will be located near the Westview Street entrance. Construction costs are projected at $3.054M; total project costs are estimated at $3.367M, including 15% contingency, escalation, and furnishings. The budget for the project was estimated at $3.040M. An independent estimator is reviewing these figures. Mr. Humphreys showed the proposed floor plan that includes public spaces, restrooms, offices, records archives, break room/meeting room, locker facilities, mechanical space, and open-air storage bays for mulch, etc. The site plan provides 10 hardscape public parking spots, 5 grass/paver/or gravel spaces, and an outdoor three-season viewing pavilion with one solid wall and three glass walls that can be opened up in nicer weather. Mr. Humphreys likened the exterior appearance of the new building to the DPW facility at 201 Bedford Street as it would also have a brick base and corrugated siding. The new building would have work bays with natural light and Selectmen – March 12, 2018 Page 3 of 11 a pitched roof with solar panel set-up. Trees would be added; existing trees will be retained to the extent possible. The full project includes demolition of the current building and surrounding pavement. Mr. Humphreys stated that a substantial amount of the project cost is due to site development, particularly running utility lines to the new building location and clearing out the area where the new building will be constructed. Water and electric lines will come from Westview Street and gas and sewer lines will probably come from Bedford Street with the gas lines extending from the existing building. Mr. Humphreys also described stormwater management systems for the site. Mr. Lucente asked how big the need is for locker rooms and showers in the new building. Mr. Pinsonneault said there are facilities in the current building but they are unusable. Staffing at the facility includes 3 full-time maintenance people, 1 full-time administrator, plus supplemental staff as needed. The space also is used as a staging location during snow operations. Mr. Lucente asked how many people the viewing pavilion would accommodate and if use of the pavilion would require a fee. Mr. Humphreys estimated the pavilion would hold between 50 and 70 people, depending on whether they are sitting or standing. A fee has been discussed but not determined. There is currently a fee to use a tent at the site, which is erected and dismantled per occasion. Mr. Lucente asked if solar is a practical option given the number of trees on the site. Mr. Humphreys said some clearing would be necessary for construction which would also make solar viable. Mr. Pato noted the project, as presented, is within budget. The plan is to cover project costs with burial fee revenue. Ms. Barry questioned how private the pavilion would be, given its proximity to the road. Mr. Pinsonneault said the distances in the drawings are deceiving but he will look closely at this as he is mindful of privacy while needing to make the pavilion accessible. Staff would continue to manage traffic for funeral processions; overflow parking would be along the road, as it is now for graveside services. Ms. Ciccolo asked if the project followed Sustainable Building policies even though the final approval of the policies has not yet been voted. Mr. Pinsonnault confirmed that it does. Ms. Hai asked if the records storage dimensions of the new building are adequately sized. Mr. Pinsonneault said the new area is larger than the existing storage and a lot of the current records are being transferred to Laserfiche. Ms. Hai asked if the current utilities could be run further to accommodate the new building rather than digging all new lines. Mr. Humphreys said the current building does not have a sewer line, so an entirely new one is needed, and the size of the current water and electric lines is inadequate for the new building. Selectmen – March 12, 2018 Page 4 of 11 Ms. Hai asked how often the pavilion would be used, given that many people want a graveside service. Mr. Pinsonneault said a pavilion was requested by the Board and he believes it will be used, although some will still want a graveside ceremony. David Kanter, Capital Expenditures Committee, asked if the $270,000 in funds appropriated for schematic design will carry the project through to the bid document phase. He believes it to be early in the trajectory of the project to be seeking construction funding and that the project has not followed the established process. Additionally, he believes the $100,000 pavilion should be an add-alternate as it seems unclear how much it would be used. Mr. Kanter further noted that the cost of the full project exceeds the budget projection and he fears the escalation cushion will not be enough. Mr. Pinsonneault said there have been two appropriations for design: the current $270,000 and an earlier $35,000; these are adequate to satisfy costs up until construction. Update –ATM 2018 Warrant Article 35—Resolution Regarding Financial Impact of Warrant Articles Mark Andersen, Precinct 6 Town Meeting member, spoke for a group that put together Article 35 for Town Meeting consideration. The purpose of the Article is to establish an expectation that each warrant article presentation will include an explicit financial impact statement (cash flow; net present value; life expectancy of equipment, etc.) in order to facilitate assessment, transparency, and make the best use of Town Meeting time. Article 35 is intended to be flexible so that the Selectmen, the financial committees, or the Town Manager could set the standard; is it also intended to ensure that all the details of an article are finalized before reaching Town Meeting floor. Mr. Andersen has met with the Appropriation Committee and Capital Expenditures Committee (CEC) about Article 35. CEC welcomed the concept and noted there are templates available that could be used for the financial impact report. Mr. Andersen noted that there were concerns about the potential workload of providing this level of financial information across all warrant articles. Financial committee members also said that Town Meeting is too late in the process to learn about financial impacts for the first time; they believe Town Meeting members should inform themselves sooner by paying attention during earlier in the process. Finally, Mr. Andersen said he believes the current process makes it difficult for Town Meeting to engage in debates about prioritization, trade-offs, and over-all sequencing. Mr. Lucente said the thought behind Article 35 is important and the type of questions Mr. Andersen raises should be asked early in any process. Mr. Pato agreed, pointing out that the budget process takes place all year long, not merely at Town Meeting. He thinks there are some templates that might be helpful. Even if Article 35 is indefinitely postponed, he hopes the discussions with Appropriation and Capital Expenditures committees will continue so their reports to Town Meeting address these concerns. Ms. Barry asked about the template model included in the presentation, noting that it would be hard to apply it to citizens’ articles. Mr. Andersen said that, even if the article was not generated by the Town Government process, someone would “own” the article and need to explain any impacts. Selectmen – March 12, 2018 Page 5 of 11 Ms. Ciccolo said the concepts and discussions around Article 35 are interesting but agreed that the budget process takes place all year. She suggested that the Selectmen discuss this at goal setting or consider improvements to the wider budgeting and Town Meeting processes. Ms. Hai agreed and said there are ways in which the concepts in Article 35 can be applied within Selectmen and financial committee deliberations. David Kanter, Capital Expenditures Committee, said embedding Article 35’s concepts within department or proponent requests makes sense. ATM 2018 Warrant Article 37—Accept Massachusetts General Laws Chapter 59, Section 5C½ Ms. Barry recused herself because her husband is a veteran and eligible for the exemption. Ms. Ciccolo chaired in Ms. Barry’s absence. Vicki Blier and Pat Costello, Tax Deferral and Exemption Committee Co-Chairs, presented analyses of research into the fiscal impacts of applying 30%, 60% and 100% personal property tax deferral benefits for specific segments of the population (the elderly, blind, surviving spouse or child, veterans,). The Town receives State reimbursement up to a point but it would absorb additional deferral costs above current rates. Based on their findings over 12+ years of study, Ms. Blier and Ms. Costello recommended supporting 100% deferral. Ms. Blier and Ms. Costello said, if the Selectmen support a higher deferral percentage, they—not the Committee— would sponsor the warrant article. If Town Meeting approves Article 37, it would be able to revoke acceptance of MGL Chapter 59, Clause 5C½ after three years. All four participating Selectmen supported the 100% option. Mr. Lucente asked how the full amount would impact the FY19 budget. Mr. Valente said the $89,000 impact would have to be set aside in the Overlay account since it is not a Town Meeting appropriation. Mr. Pato said Ms. Costello and Ms. Blier make a good point that the deferral has remained static even though taxes have increased substantially. Mr. Pato asked where the money would come from since all FY19 funds are already allocated. Mr. Valente said since the Senior Services program was dropped, $30,000 remains available. He will discuss the matter with Ms. Kosnoff, Assistant Town Manager for Finance, and develop options for Board consideration. Ms. Ciccolo said the amounts are small but the Town should do what it can to ease the tax burden. Mr. Pato said, if full deferral cannot be applied in FY19, the date for implementation could be pushed into FY20 and the Board could work toward the 100% target. Ms. Hai, Mr. Lucente, and Ms. Ciccolo agreed that if 100% cannot be found, some amount could still be applied in FY19. Ms. Hai asked if there is reason to believe more people would take advantage of the deferral if the benefit increases. Ms. Blier said she doesn’t anticipate a large increase, given income limitations. John Bartenstein, Appropriation Committee Chair, has worked with the Tax Deferral and Exemption Committee over the years. He agreed that the benefits, compared to increasing tax burdens, have been shrinking by remaining static. He believes the Town should maximize what the State has newly allowed towns to do, as long as the money can be found. Selectmen – March 12, 2018 Page 6 of 11 Ms. Ciccolo said the Board will pursue additional information and take action at a subsequent meeting. Update—ATM 2018 Warrant Article 32—Amend General Bylaw Regarding Financial Committees David Kanter, Article 32 proponent, provided updates to Article 32, emphasizing that the main goal of the initiative is to reflect current practices, not to amplify the role of the Capital Expenditures Committee. Article 32 would clarify the establishment and purpose of the Committee; address the CEC’s year-long responsibilities and activities; clarify that the scope is broader than financial expenditures and includes participation in policy discussions; and include text that would affirm CEC’s access to Town staff support and records. The motion for Article 32 requires review from Town Counsel. Mr. Lucente, Mr. Pato, and Ms. Ciccolo agreed it is important to document current practice. Ms. Barry said some of the wording seems difficult. Mr. Kanter said he supports future wordsmithing but his guidance from the Town Moderator was to aim for equivalency with existing wording for the Appropriation Committee. Ms. Hai said she would be happy to work on future revisions. Review Selectmen Liaison Assignments The Board went through the yearly process of reviewing Selectmen liaisons to Town boards and committees, with particular attention to former Selectmen Kelley’s assignments. Ms. Barry noted that the Council on Aging currently has two Selectmen liaisons but only one is required. Ms. Barry said that the Capital Expenditures Committee and, perhaps, the Appropriation Committee want a Selectmen liaison and while it may make sense for Ms. Hai to assume that role, the practice has not been to have a Selectman liaise to a committee on which s/he formerly served. David Kanter, Capital Expenditures Committee, said he sees value in dialogue continuity. Ms. Barry said, most recently, the dialogue has been chair-to-chair and she is comfortable continuing that practice. Ms. Barry revised the liaison list as changes were made. She advised liaisons to check the Public Meeting Calendar to keep track of meeting dates and times. Ms. Ciccolo asked that an updated liaison list be sent out to the committee chairs so they know which Selectmen to communicate with. Selectmen—Committee Appointment/Resignation Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the resignation of Donna Hooper from the Historic Districts Commission to be effective April 6, 2018. Ms. Barry noted that with Ms. Hooper leaving the HDC, the membership is down one full and one associate member. The Lexington Arts and Crafts Society is working on providing a list of potential nominees to fill the full-member seat. Selectmen – March 12, 2018 Page 7 of 11 Upon motion duly made and seconded, the Board voted 5-0 to appoint Andra Bennett to the Transportation Advisory Committee to complete the unexpired term of Susan Barrett ending September 30, 2019. ATM 2018 Article Positions & Presenters The Board reviewed Annual Town Meeting positions and presenters, making changes as indicated from the positions noted on March 7, 2018. The updated chart is appended to these minutes. Consent Agenda  Approve Tax Bill Insert Ms. Ciccolo and Mr. Pato applauded the Bike Committee’s efforts to keep the public informed. David Kanter, Precinct 7 Town Meeting Member, noted that since many people prepaid their th property tax bills this year, they would not receive a 4 quarter bill. Ms. Kosnoff concurred that this would be the case if the balance is zero. Mr. Kanter asked that the information be posted on the Town’s website. Ms. Barry asked that copies of the flyer be mail available at the Cary Memorial Library, the Cary Memorial Building, the Town Office Building, and the Police Station. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the tax bill insert regarding bicycle safety and the bike share program. Adjourn Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 9:23 p.m. A true record; Attest: Kim Siebert Recording Secretary Selectmen – March 12, 2018 Page 8 of 11 2018 Annual Town Meeting Article Selectmen’s Positions as of March 12, 2018 ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai 4 Appropriate FY2019 Operating Budget Y Y Y Y Y 5 Appropriate FY2019 Enterprise Funds Budgets Y Y Y Y Y 6 IP - Appropriate for Senior Services Program IP IP IP IP IP Appropriate for Advice and Analysis-Getting to 7 Y Y Y Y Y Net Zero Appropriate to create Diversity Advisory Task 8 Y Y Y Y Y Force Establish and Continue Departmental Revolving 9 Y Y Y Y Y Funds Appropriate for FY2019 Community Preservation 10 Committee Operating Budget and CPA Projects a. IP - Conservation Land Acquisition- TBD IP IP IP IP IP b. Community Center Sidewalk- TBD W Y Y W Y c. Archives & Records Management/Records Y Y Y Y Y Conservation & Preservation - $20,000 d. 9 Oakland Street- Renovation and Y Y Y Y Y Adaptive Re-Use - $200,000 e. Public Grounds Irrigation Improvements - Y Y Y Y Y $100,000 f. Playground Replacement Program- Y Y Y Y Y Bowman School - $302,000 g. Athletic Facility Lighting - $975,000 Y Y Y Y Y h. Center Track and Field Reconstruction - Y Y Y Y Y $3,340,000 i. Old Reservoir Bathhouse Design - Y Y Y Y Y $75,000 j. Lowell Street/Farmview Affordable Y Y Y W W Housing Supplemental Funds - TBD k. CPA Debt Service - TBD Y Y Y Y Y l. Administrative Budget - $150,000 Y Y Y Y Y Appropriate for Westview Cemetery Building 11 Y Y Y W Y Construction Appropriate for Lexington Children’s Place 12 Y Y R Y Y Construction Appropriate for 45 Bedford Street/Fire Station 13 Y Y Y Y Y Replacement Appropriate for Lexington Police Station Re-Build- 14 Y Y Y Y Y Design Selectmen – March 12, 2018 Page 9 of 11 ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai 15 Appropriate for Recreation Capital Projects Y Y Y Y Y Appropriate for Municipal Capital Projects and 16 Equipment a. Hydrant Replacement Program Y Y Y Y Y b. Storm Drainage Improvements and Y Y Y Y Y NPDES compliance c. Comprehensive Watershed Stormwater Y Y Y Y Y Management Study and Implementation d. Townwide Culvert Replacement Y Y Y Y Y e. Center Streetscape Improvements- Design W W W W W f. Automatic Meter Reading System Y Y Y W W g. Sidewalk Improvements Y Y Y Y Y h. Equipment Replacement Y Y Y Y Y i. Townwide Signalization Improvements Y Y Y Y Y j. Pelham Road Sidewalk and Roadway Y Y Y W Y Improvements k. Street Improvements Y Y Y Y Y l. Hartwell Area TMOD Plan Update Y Y W Y W m. Transportation Mitigation Y Y Y Y Y n. Municipal Technology Improvement Y Y Y Y Y Program o. Application Implementation Y Y Y Y Y p. Network Core Equipment Replacement Y Y Y Y Y q. Police Radio Console Equipment Y Y Y Y Y Replacement 17 Appropriate for Water System Improvements Y Y Y Y Y 18 Appropriate for Wastewater System Improvements Y Y Y Y Y 19 Appropriate for School Capital and Equipment Y Y Y Y Y Appropriate for Public Facilities Capital Projects 20 a. Selectmen Meeting Room High Definition Y Y Y Y Y Broadcasting Upgrade b. Public Facilities Bid Documents Y Y Y Y Y c. Facility and Site Improvements Y Y Y Y Y i. Building Flooring Y Y Y Y Y Program ii. School Paving Program Y Y Y Y Y Selectmen – March 12, 2018 Page 10 of 11 d. Public Service Building Vehicle Storage Y Y Y Y Y Area-Floor Drainage System ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai e. Municipal Building Envelopes and Y Y Y Y Y Systems f. Community Center Expansion-Design Y W R Y W g. School Building Envelopes System Y Y Y Y Y h. LHS Security Upgrade Y Y Y Y Y i. Public Facilities Mechanical/Electrical Y Y Y Y Y System Replacements Appropriate to Reimburse Resident for Sewer 21 N N N N N Backup (Citizen Article) 22 Visitors Center Funding W W W W W 23 Visitors Center Funding (Citizen Article) W W W W W Appropriate to Post Employment Insurance 24 R Y Y Y W Liability Fund 25 Rescind Prior Borrowing Authorizations Y Y Y Y Y Establish, Dissolve and Appropriate to and from 26 W W W W W Specified Stabilization Funds 27 IP - Appropriate to Stabilization Fund IP IP IP IP IP 28 Appropriate from Debt Service Stabilization Fund Y Y Y Y Y 29 Appropriate for Prior Years’ Unpaid Bills W W W W W Amend FY2018 Operating, Enterprise, and CPA 30 W W W W W Budgets 31 Appropriate for Authorized Capital Improvements W W W W W ARTICLE GENERAL ARTICLES Barry Pato Ciccolo Lucente Hai Amend General Bylaw-Regarding Financial 32 Y Y Y Y Y Committees (Citizen Article) Amend Town Bylaw-Ban Plastic Bags (Citizen 33 W W W W W Article) Amend General Bylaw-Make Lexington a 34 R W W W W “Welcoming, Inclusive, Safe Community” (Citizen Article) Resolution to Request Warrant Articles to be 35 W W W W W Accompanied by Financial Projections (Citizen Article) Amend General Bylaws to Repeal Prohibition of 36 N W N N N Recreational Marijuana Establishments in Town (Citizen Article) Selectmen – March 12, 2018 Page 11 of 11 R W Y W Y 37 Accept MGL Chapter 59, clause 5c ½ ARTICLE ZONING/LAND USE ARTICLES Barry Pato Ciccolo Lucente Hai Amend Zoning Bylaw and Map in Commercial 38 W W W W W District/Marrett Road (Citizen Article) Amend General Bylaw: Turning Mill 39 Y W Y W W Neighborhood Conservation District Amend General Bylaw: Pierce-Lockwood 40 Y W Y Y W Neighborhood Conservation District 41 Wright Farm Parcel Split (241 Grove Street) Y Y Y Y W Amend Zoning Bylaw for Special Permit (Citizen 42 W W W W W Article) 43 Amend Chapter 135 Zoning Bylaw (Citizen Article) N W N N N Amend the General Bylaws-Demolition Delay Y W Y Y W 44 Amendments Amend Chapter 447 of the Acts of 1956 W W W W W 45