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HomeMy WebLinkAbout2018-03-28 BOS-min Selectmen – March 28, 2018 Page 1 of 9 Selectmen’s Meeting March 28, 2018 A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Monday, March 28, 2018 in the Selectmen’s Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Ms. Axtell, Assistant Town Manager; and Ms. Siebert, Recording Secretary. Ms. Hai and Mr. Valente were absent. Open Meeting Law Complaint Regarding Article 45 of the 2018 Annual Town Meeting/Historic Districts Commission Ad Hoc 40C Study Committee Ms. Barry noted that a copy of the letter of complaint was in the meeting packet and on file on the Selectmen’s Office. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to delegate responsibility for responding to the Open Meeting Law Complaint filed on March 26, 2018 by Grant Carrow regarding Article 45 of 2018 Annual Town Meeting to Town Counsel. Trash and Recycling Collection Update David Pinsonneault, Public Works Director, and Robert Beaudoin, Environmental Services Superintendent, summarized the new trash and recycling contract process to date, asking the Selectmen to grant authority to the Town Manager to execute the new trash and recycling contract with EL Harvey. The new contract would start July 1, 2018. Mr. Pinsonneault stated that Requests for Proposals (RFPs) for trash and recycling collection were solicited in July 2017, yielding four responses. Vendors had been asked to provide pricing for three different options: manual trash and manual recycling, automated trash and automated recycling, automated trash and manual recycling. When Public hearings were held in October 2017, the resulting recommendation was to pursue two options: a 5-year status quo contract and a 6-year contract with year one being status quo and years 2 - 6 begin automated recycling. Dissatisfaction with current vendor JRM has mounted. During the proposal timeframe, JRM requested an increase of $30,000 per year to obtain a performance bond, something all other vendors included the original pricing. In December, JRM stated it could no longer honor its pricing but would continue to negotiate. In February 2018, JRM informed the Town that, due to the collapse of the recycling materials market, it would begin charging a fee of $80 per ton, up from $0 today. There have also been a number of recent customer service complaints and Mr. Pinsonneault noted that JRM has no experience with automated collections, if the Town decides to switch collection methods during the term of the new contract. Given that collection contracts are exempt from Chapter 30B of the Bidding Laws, staff reached out to a number of other vendors and engaged in a positive dialogue with EL Harvey. In contrast to JRM, EL Harvey provided pricing that is $800,000 less over the 5-year period, using the status quo manual collection method. If Lexington switches to automated recycling, EL Harvey would charge $200,000 less. Additionally, EL Harvey’s recycling fee would be $70/ton, compared to JRM’s $80/ton, with the possibility of a reduction if the company receives Selectmen – March 28, 2018 Page 2 of 9 a better materials price in future. Due to the difference in contract proposals plus EL Harvey's very good references and experience with automated collections, staff recommends entering into the collection contract with EL Harvey. Mr. Pinsonneault emphasized that, before any change in the recycling collection method would occur, Public Information meetings would be held. The vendor needs to know by November 2018 in order to switch by July 1, 2019, although there are options built into the contract to re- open negotiations at intervals during the 5 years. If the recycling collection method does change to automated, the contract price would have to be adjusted to cover equipment investment. Noting strong public outcry against switching to automated collection, Mr. Lucente asked that the motion include a commitment to the status quo manual collection method to ensure that residents understand the Town’s intent. Mr. Pinsonneault clarified that the contract will include both manual and automated collection options in case the Town decides to move toward automation within the contract term. Year one of the contact is status quo, no matter what. Mr. Lucente asked that “status quo for the first year” be spelled out. Mr. Lucente said was surprised to hear negative feedback about JRM; he asked Mr. Pinsonneault to elaborate on EL Harvey’s reputation and if references had been checked. Mr. Pinsonneault confirmed that references have been checked and added that he is confident that EL Harvey is a reputable company; EL Harvey was the runner-up for Lexington’s last collection contract, 6 years ago. Mr. Lucente asked what differences in service residents would experience from changing vendors. Mr. Pinsonneault said there will be all new trucks and a nine-employee customer service department, ensuring that all calls would be answered by a representative. He anticipates no negative changes. Mr. Pato asked if recycling will become single stream and what the tipping fee per ton is currently. He asked if the new charge for recycling tonnage is in the budget. Mr. Pinsonneault said all companies are switching to single stream because of the way the materials are processed. Mr. Beaudoin said the tipping fee is $66.19 per ton, which will increase 2% in 2019. Mr. Pinsonneault said the recycling charge is part of the budget Mr. Valente brought forward. Ms. Barry asked if there will be changes to the pick-up schedule. Mr. Beaudoin said there will be no schedule change and an additional truck will be added that can also be used for seasonal yard waste pick-up. EL Harvey’s implementation staff has been doing its homework by following the current refuse and recycling trucks to learn the schedule. The annual refuse/recycling flier would go out in early May. Ms. Barry recommended that, considering the vendor change, the Town make a more comprehensive effort to spread the word, including various publications and Discovery Day. She asked that information about medical waste disposal also be included on the flier. Mr. Pinsonneault said one Public information session will take place this spring, before school gets out, and others would be held in the fall. Ms. Ciccolo asked if EL Harvey offers smaller totes since cart size was one of the biggest public concerns expressed. Mr. Pinsonneault said EL Harvey will be involved in the upcoming public Selectmen – March 28, 2018 Page 3 of 9 outreach effort to discuss the automated versus manual question; they will bring a variety of cart sizes to the meetings. David Kanter, Precinct 7 Town Meeting member, applauded the preferential pricing and EL Harvey’s good reputation. He asked that the wording of the motion make it clear that the 5-year contract is for status quo with an option to reopen the question of automated recycling, rather than a 1-year status quo contract with an implied bias to switch to automated collection after the first year. He believes the schedule is too tight to make a decision to change by November and asked that at least two years be considered. Additionally, Mr. Kanter believes it inappropriate for any additional costs since the Town faces many upcoming expensive projects. Bob Pressman, 22 Locust Avenue, agreed with Mr. Kanter, saying he believed the Selectmen had agreed to a 5-year status quo contract with consideration for automated recycling after one year. Dawn McKenna, Precinct 6 Town Meeting member, agreed as well and emphasized her support for the 5-year manual status quo. She urged the Selectmen not to change course without the opportunity for additional resident input. After discussion, the Board agreed to revise the motion. Ms. Barry said, on the one hand, the Selectmen heard overwhelmingly that the community prefers the status quo arrangement but, on the other hand, the Board does not want to constrain the Town Manager’s flexibility. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to authorize the Town Manager to enter into a five-year status quo contract with EL Harvey for trash and recycling collection, retaining the option for automation after public input is sought. Update 2018 Annual Town Meeting Article 10J—Lowell Street/Farmview Affordable Housing Lester Savage, Bob Phelan, and Bob Burbidge of LexHab presented background information about Article 10J in which LexHab requests supplemental funds of $1.4M: In 2014, Town Meeting approved $1,284,653 for construction of two buildings and a total of 6 units of affordable housing on the Lowell Street site abutting Lex Farm, now called the Farmview project. This project is modeled on Fairview Avenue in that the units are built to NetZero standards. Two of the six units will be fully-accessible. A project eligibility letter has been obtained from the Department of Housing and Community Development (DHCD). However, it was found that the original funding request of $1,284,653 is inadequate for several reasons: original bids were too low; general construction cost increases; public bidding and prevailing wage requirements; onsite stormwater mitigation has proven to be more complicated; engineering, architectural, and legal cost increases. Plans and cost estimates for Farmview have now been reviewed by TG Jones International, Inc. The analysis shows that the project is likely to run close to $2.85M. In the first round of public bidding, LexHab received two bids: one lower than $2.85M (from an as yet unqualified bidder) and one quite a bit higher. Despite the cost increases, LexHab remains committed to the project. Mr. Lucente agreed, saying there is zero likelihood that construction costs will go down. Selectmen – March 28, 2018 Page 4 of 9 Farmview project is mid-way through to completion and turning back now would be difficult. Mr. Pato agreed, saying Lexington’s commitment to affordable housing is laudable, even though $450,000 is unexpectedly expensive. The Town may need to rethink some of its affordable housing formulas in the future but this project should move forward. Ms. Ciccolo applauded LexHab for its efforts to see this complicated project through. She agreed that the price is not unreasonable, comparatively. Dawn McKenna, Precinct 6 Town Meeting member, asked what the square footage cost works out to be. Mr. Savage said the price is $382/SF. Bob Pressman, Community Preservation Committee, said Lexington’s per unit guideline is $525,000 and this project falls below that cap. Mr. Lucente said he now feels comfortable to join three of his colleagues in voting to support Town Meeting Article 10J. Ms. Hai, absent from tonight’s meeting, remains a “wait” until she is able to determine her position. 2018 Annual Town Meeting Article Positions and Presenters Ms. Barry listed the articles expected to come to Town Meeting floor tonight and their presenters. Ms. Axtell will schedule a presentation by staff on Citizen’ Article 42. Ms. Barry understands that the Ad Hoc 40C Study Committee has been meeting to make changes to the language of motion of Article 45. To give that process more time, and to provide time for Town Counsel review, Ms. Barry moved the discussion of any changes to April 4. 2018. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to remove Article 7 from the Consent Agenda in order to provide an opportunity for a presentation by the Sustainable Lexington Committee. Selectmen—Committee Appointments/Resignations Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Wei Ding to the Town Celebrations Subcommittee to a one-year term to expire on June 30, 2019. Upon motion duly made and seconded, the Board voted 4-0 to accept the resignation of Cristina Burwell from the Town Report Committee and as the Coordinator of the Town Report. The Board extended its thanks and appreciation to Ms. Burwell for her time and effort in serving the Lexington community. Consent Agenda  Approve and Sign Proclamations Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign a Selectmen – March 28, 2018 Page 5 of 9 proclamation to celebrate National Public Safety Telecommunicators Week April 8 to 14, 2018. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign a proclamation to celebrate National Library Week April 8 to 14, 2018. The proclamation encourages all citizens to recognize the staff of the Cary Memorial Library and to visit Cary Memorial Library to take advantage of the wonderful library resources available. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign a proclamation to recognize Arbor Day on Friday, April 27, 2018. The proclamation urges all citizens to support efforts to protect trees and woodlands, to support the town’s urban forestry program, and to urge all citizens to plant and protect trees to promote the well-being of present and future generations.  Approve Lexington Little League Opening Day Request Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the request from the Lexington Little League for the Annual Little League Parade on Saturday, April 28, 2018 from 9:00 a.m. to approximately 11:00 a.m. as outlined in their letter dated March 16, 2018, pending required approval from Town Manager, Police, Fire and Public Works staff.  Use of the Battle Green—Old Guard Performance Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the request from the Town Celebrations Committee to use the Battle Green on Saturday, April 14, 2018 at approximately 11:00 a.m. for a firing demonstration by The Old Guard. Adjourn Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 7:01 p.m. A true record; Attest: Kim Siebert Recording Secretary Selectmen – March 28, 2018 Page 6 of 9 2018 Annual Town Meeting Article Selectmen’s Positions as of March 28, 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 Net 7 Y Y Y Y Y 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 Y Y Y Y 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 - $75,000 Y Y Y Y Y j. Lowell Street/Farmview Affordable Y Y Y Y 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 Y 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 15 Appropriate for Recreation Capital Projects Y Y Y Y Y Selectmen – March 28, 2018 Page 7 of 9 ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai 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. IP - Center Streetscape Improvements- IP IP IP IP IP Design f. IP - Automatic Meter Reading System IP IP IP IP IP 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 Y Y Improvements k. Street Improvements Y Y Y Y Y l. Hartwell Area TMOD Plan Update Y Y Y Y Y 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 i. School Paving Program Y Y Y Y Y d. Public Service Building Vehicle Storage Y Y Y Y Y Area-Floor Drainage System Selectmen – March 28, 2018 Page 8 of 9 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 Y N Y Y Y 23 IP - Visitors Center Funding (Citizen Article) IP IP IP IP IP Appropriate to Post Employment Insurance 24 R Y Y Y Y Liability Fund 25 Rescind Prior Borrowing Authorizations Y Y Y Y Y Establish, Dissolve and Appropriate to and from 26 Y Y Y Y Y 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 Y Y Y Y Y Article) Amend General Bylaw-Make Lexington a 34 R W W W W “Welcoming, Inclusive, Safe Community” (Citizen Article) IP - Resolution to Request Warrant Articles to be 35 IP IP IP IP IP Accompanied by Financial Projections (Citizen Article) Amend General Bylaws to Repeal Prohibition of 36 N N N N N Recreational Marijuana Establishments in Town (Citizen Article R Y Y Y Y 37 Accept MGL Chapter 59, clause 5c ½ Selectmen – March 28, 2018 Page 9 of 9 ARTICLE ZONING/LAND USE ARTICLES Barry Pato Ciccolo Lucente Hai Amend Zoning Bylaw and Map in Commercial 38 Y Y Y Y Y District/Marrett Road (Citizen Article) Amend General Bylaw: Turning Mill 39 Y Y Y Y Y Neighborhood Conservation District Amend General Bylaw: Pierce-Lockwood 40 Y Y Y Y Y Neighborhood Conservation District 41 Wright Farm Parcel Split (241 Grove Street) Y Y Y Y Y Amend Zoning Bylaw for Special Permit (Citizen 42 W W W W W Article) 43 Amend Chapter 135 Zoning Bylaw (Citizen Article) N N N N N Amend the General Bylaws-Demolition Delay Y Y Y Y Y 44 Amendments Amend Chapter 447 of the Acts of 1956 W W W W W 45