HomeMy WebLinkAbout2018-11-19 BOS-min November 19, 2018
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SELECTMEN'S MEETING
Monday, November 19, 2018
A meeting of the Lexington Board of Selectmen was called to order at 6:47 p.m. on Monday,
November 19, 2018 in the Selectmen's Meeting Room of the Town Office Building. The Board
went immediately into Executive Session under Exemption 3 to discuss strategy related to
collective bargaining Lexington Police Association and Crossing Guard unions. Upon exiting
Executive Session at 6:54 p.m., the Board took a 5-minute recess before reconvening in open
session at 7:02 p.m. Present were Selectmen Ms. Barry, Chair; Mr. Pato; Ms. Ciccolo; and Mr.
Lucente as well as Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager; and Ms.
Siebert, Recording Secretary. Ms. Hai was absent.
Selectmen Concerns and Liaison Reports
Mr. Lucente reported that the first meeting of the Ad Hoc Crematory Study Group will take
place on December 10, 2018 at 7 p.m. in the Hadley Public Services Building at 201 Bedford
Street.
Mr. Lucente reported that the Fund for Lexington annual appeal letter will arrive in residents'
mailboxes this week.
Mr. Lucente reported that the Tourism Committee is reviewing options for temporary quarters
for the Visitors Center during upcoming construction of the new facility.
Mr. Pato reported that the Communication Advisory Committee has asked two of its members to
compose a letter in response to proposed Federal Communications Commission (FCC) rules
changes as discussed at the Board of Selectmen's meeting on November 5, 2018. The Selectmen
should expect to review the draft at the December 3, 2018 meeting. Deadline for submission to
the FCC is December 14, 2018.
Mr. Pato reported that the Residential Exemption Policy Study Committee will have a second
public meeting on December 11. 2018 at 7 p.m. in Estabrook Hall. The Committee will review
the residential exemption proposal as well as a means-tested program, similar to that which has
been adopted in Sudbury and other towns. The Committee seeks public feedback to include
when making its recommendations to the Selectmen.
Ms. Barry invited the community to the holiday tree lighting that will take place Friday,
November 23, 2018 at 6 p.m. at Emory Park.
Mr. Barry thanked First Parish Church for hosting the Transgender Day of Remembrance last
weekend that had be relocated indoors from the Battle Green due to poor weather.
Ms. Barry and approximately 1500 others attended the yearly event organized by Shishu Bharati,
the 40-year old Indian school located in Lexington. The program was held at Lexington High
School.
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Town Manager Report
Mr. Malloy reported that the November 27, 2018 National Grid meeting on gas leaks has been
cancelled.
Mr. Malloy said the MAPC has invited him, two Selectmen, and two additional committee/board
representatives to participate in the Metro Common 2050 regional planning process. The first
meeting is on December 6, 2018 at 9 a.m. in Maynard.
Mr. Malloy asked the Board to support his candidacy for President of the International City and
County Managers Association and requested that a formal vote take place at the Board meeting
on December 3, 2018. Ms. Barry encouraged Board members to make an appointment with Mr.
Malloy to discuss any concerns.
FY19 Tax Classification Hearing
Ms. Barry opened the Public Hearing at 7:12 p.m.
Carolyn Kosnoff, Assistant Town Manager for Finance; Rob Lent Director of Assessment; Greg
Johnson, Chairman, Board of Assessors; and Ed Grant and Cass Groblewski, members of the
Board of Assessors; accepted public comments for the Board's consideration when determining
the tax rate options available under property tax classification. The Board will set the FY2019
tax rate at a Board meeting on December 3, 2018 at which time four votes will be taken:
• Establish a residential factor;
• Determine whether to adopt the Open Space Discount;
• Determine whether to adopt the Residential Exemption and, if so, the percentage (up to 35
percent);
• Determine whether to adopt the Small Commercial Exemption
Ms. Kosnoff noted some changes that were made to the back-up material between the first
presentation and tonight's Public Hearing; some of the changes were corrections and others were
the result of Board feedback from the first presentation. Mr. Johnson explained one change: Tax
Increment Financing (TIF) allocation is no longer included in the commercial evaluations. The
numbers listed are now net of TIF.
Mr. Pato asked why the first presentation showed a 3.23% Residential Single-Family Dwelling
tax increase but the chart in today's presentation shows a 3.7% increase. Ms. Kosnoff explained
that it was because the original total Commercial valuation had included the non-taxable TIF
value that has now been adjusted.
With regard to Commercial Parcels, Ms. Barry asked why the numbers of units in each of the
categories has changed and why there are an additional 19 units overall that were not in the first
presentation. Mr. Lent said he had done some recategorizing; the numbers are now correct.
Ms. Ciccolo asked if the $188,666,233 maximum allowable levy limit includes the TIF values
and what the meaning is behind the rapid increase in value of Retail properties. Ms. Kosnoff said
the levy limit includes the taxable portion of the TIF properties, which is approximately 78% of
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total value. Mr. Lent said the reason for the retail increase is not market-based; it is due to
moving Professional Office Building properties into a category of its own so that it no longer
causes a drag on the Retail category; the true values are now clear.
There were no public comments/questions about the presentation. Ms. Barry closed the Public
Hearing at 7:49 p.m.
Update: Emerald Ash Borer Pest
Dave Pinsonnault, DPW Director, reported that two sites were confirmed to be infested with the
Emerald Ash Borer in the summer of 2018, one on Shade Street, the other at the Munroe Center
for the Arts. Staff has now inspected all 300 Ash trees in the Town right of way all over
Lexington; no further Town trees appear to be problematic. He emphasized that private property
owners are responsible for maintaining their own trees.
Mr. Pinsonnault said, while conducting inspections, staff also evaluated the overall health of the
Ash trees and found that a significant number should be removed due to poor health that make
them more vulnerable to the Ash Borer. About 35 trees have been removed to date; in the spring,
the Town will work with the State to implement an injection programs to improve the health of
the viable Ash trees. Monitoring will continue.
The next Emerald Ash Borer update will be in mid-March.
Update: Green Burials
In a follow-up to a presentation given in September 2018, David Pinsonnault, DPW Director,
reported that staff have contacted other towns to see how they handle green burials. In
collaboration with the Green Burial representatives, the Town has developed simply worded
guidelines to allow green burials in the municipal cemeteries. For Westview, Mr. Pinsonnault
recommends adding a new section to the current burial rules. He asked the Board to include the
green burial rules as an agenda item for a vote in January or February 2019. The expectation is
for the new rules to be implemented in June or July 2019, after allowing time to publicize the
new option. For now, no pricing changes are recommended.
Mr. Lucente asked if there had been any feedback from residents on this subject. Mr. Pinsonnault
reported that the residents who inquired about green burial originally are amenable to what is
being proposed.
Mr. Lucente asked if the green burial portion of the cemetery will be set off or landscaped
differently. Mr. Pinsonnault said a rail fence might be added.
Ms. Barry asked how green burial will be publicized. Mr. Pinsonnault said he will get the word
out via the usual media outlets as well as Town listservs and funeral homes.
Mr. Pato and Ms. Ciccolo believe the green burial option expands choices for the community.
Ms. Ciccolo asked if different maintenance or safety considerations would be required. Mr.
Pinsonnault said that green burial is relatively new to the area; the communities report that some
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sagging has been noticed but this also happens with conventional burial. He believes regular
maintenance will suffice.
Human Services Department Update
Charlotte Rodgers, Director of Human Services, reported the Mental Health Summit initiatives
and the work within the Community Hospital Needs Assessment(CHNA)15 mental health grant
have now been combined into one coordinated effort under the newly formed Mental Health
Task Force. The Task Force plans to submit an implementation grant application to CHNA 15 in
January; the grant will be awarded in April/May 2019.
Melissa Interess, Assistant Director of Senior Services, reported that the Task Force creates the
municipal structure that will report directly to the Town Manager's and School Superintendent's
offices. Four internal working groups within the Task ForcePrevention, Intervention,
Postvention and Research & Identification—will include stakeholder membership from
throughout the community.
So far, the Task Force has:
• Implemented a Community Intervention Team, formally known as the At Risk Team
made up of representatives from the Police, Fire, Health, Human Services, and other
departments such as Schools have been invited to participate. The emphasis is on
communication and alignment of protocols and to examine how the Task Force can be
more proactive in the community;
• The William James Interface mental health referral website and service has been
launched;
• Question Persuade Refer (QPR)trainings have begun. This is an evidence-based suicide
prevention protocol. So far, about 100 people have been trained and 4 more sessions have
been scheduled over the next few months;
• A Community Stakeholder meeting will occur in late December. Invitations have been
sent out to specific groups for participants that will also become members of one of the
four Task Force working groups. The goal for the December meeting is to introduce the
Task Force structure to participants, describe the work done to date,preview the goals
moving forward, and welcome members into the four working groups.
• A logo for the Task Force has been chosen.
Ms. Interess demonstrated the William James website. The Town controls the content under the
Lexington listing only; information and links are still be added.
Mr. Lucente asked if a QPR training session could be scheduled for the Selectmen and School
Committee members.
Mr. Lucente emphasized that getting the word out to the community about the mental health
initiative, especially the Interface referral service, is extremely important.
Ms. Barry noted that this is the next-to-last meeting for Ms. Rodgers before she officially retires.
On behalf of the community, she thanked Ms. Rodgers and wished her well
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Electric Vehicles Charging Stations
Mark Sandeen, Chair of Sustainable Lexington; and Mark Rooney, Eversource Account
Executive requested that the Board authorize the Town Manager to take the necessary steps to
install electric vehicle (EV) charging stations in the Center parking lots under the terms of
Eversource's EV charger installation program. The Historic Districts Commission is scheduled
to review this proposal on December 6, 2018.
One additional charger (serving two parking spots) is proposed for the NStar lot. Two additional
chargers are proposed for the Muzzey lot and for the Depot lot; each charger serves 2 spots so
these additions would increase total capacity by 8 spots. Both the Depot and Muzzey lots would
have the potential to add a third charging station in the future; Eversource would install the
additional infrastructure. Eversource assumes the cost of the infrastructure, including
engineering, materials, and labor for the proposed charging stations; the Town would purchase
the Chargepoint EV equipment.
Questions remain about how the charging fees should be structured. Sustainable Lexington
recommends that regular parking fees continue to be charged and that parking time limits apply.
Currently, fees are charged for parking but there has been no cost to the vehicle owner for the
electricity.
Mr. Lucente noted that other towns or parking areas charge for EV charging station use in a
variety of ways.
Mr. Pato believes the cost of the electricity should be assumed by the vehicle owner, not the
Town; this will help cover the cost of the equipment. He said it would be convenient if one meter
charged both the parking fee and the charging fee so EV owners do not have to pay at two
different locations.
Ms. Barry said she is generally supportive but questioned whether funding is available in the
current budget. Mr. Rooney reported that Chargepoint unit prices are in the $5,000-$7,000 range;
Eversource requires that the chargers use Smart technology to gather data that the Town would
own but Eversource, per program agreement, would have access to. Eversource's contribution
includes engineering, materials, and labor for "everything up to the pad"; the Town pays for the
chargers and installation.
Ms. Barry asked Mr. Malloy how these units could be funded. Mr. Malloy said some funds are
available but probably not enough for five units. Mr. Mooney said Eversource's minimum
requirement is for the Town to commit to one charger/two spots but Eversource would then
install expansion infrastructure for up to two more chargers. Total Eversource program funding
is $45M, which is expected to last three years, depending on demand. Municipal, corporate,
industrial, commuter, and privately-owned lots are all eligible. Mr. Rooney said Eversource
would work with the Town to reach out to some of the private lot owners.
Ms. Barry said a policy discussion may be in order to decide if conventional vehicles would be
ticketed if they park in the EV spaces.
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Ms. Barry asked if the DPW has been consulted about the spaces chosen for EV charging. DPW
Director Dave Pinsonnault said these locations were discussed generally but he would like to
look more closely to make sure trees would not be harmed by infrastructure installation.
Ms. Ciccolo believes the Town should consider installing charging stations in Municipal and
School employee parking areas.
Ms. Pato stated that funding sources should be studied and recommended that the Town consider
using the Center Parking Fund if EV stations are found to be an appropriate use.
Ricki Pappo, Precinct 2 Town Meeting Member/Lexington Global Warming Action Coalition
(GWAC) co-chair said transportation is a topic that runs throughout Lexington's Climate Action
Plan. She believes it is necessary to put funding behind the Plan if it is to be successful. Ms.
Pappo recommended the Community Center as another good location for charging stations.
Dawn McKenna, Tourism Committee Chair, agreed that additional charging stations would be
good for tourism.
Judith Glickson, Precinct 2 Town Meeting Member, said the Center charging stations are
frequently full. She believes charging hourly fees to park, as well as charging for electricity, will
discourage overnight parking. Ms. Glickson believes signage would be helpful to direct drivers
to the charging stations.
Edward Ganshirt, 48 Fletcher Avenue, suggested establishing an Enterprise arrangement in
which the spaces are leased to another entity that would administer the spaces and fees.
John Briggs, 36 Lawrence Lane, said as the ability to charge vehicles improves, more people will
consider buying electric vehicles. He is in favor of charging EV owners for the electricity.
Stephen Schick, 27 Rangeway/First Parish Climate Action Team member, asked the Selectmen
to seriously consider the proposal so that Lexington can stay ahead of the sustainability curve.
He agreed that fees should be charged for the electricity.
Mark Fortin, 6 Hancock Avenue, said he is in favor of the proposal.
Mr. Malloy will look into available funding; the matter will come back before the board at a later
date.
Update: Solar Storage Request for Proposal
Mark Sandeen, Chair of Sustainable Lexington, and Shawn Newell, Assistant Director of Public
Facilities, reported for the Solar Task Force saying that an RFP will be released for rooftop and
parking lot canopy solar energy generation and energy storage at Hastings School, the new Fire
Station, and the Lexington Children's Place. Other Town-owned locations are also being
considered. The State is launching the SMART solar energy and solar battery storage program
and the faster the Town acts to take advantage of it, the sooner it will be able to avoid costly
peak energy charges (45% of annual municipal utility costs).
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The RFP is expected to be released in the next couple of weeks; bids will be evaluated during the
months of January and February 2019. Projects should commence in May/June.
Mr. Lucente asked if the SMART incentive and the State incentive that Mr. Sandeen spoke of
were recurring or one-time benefits and if the revenue could be counted on every year. Mr.
Sandeen said the SMART incentive is a 20-year program with revenue coming in every year.
The ground source heat pump system is expected to have a 50-year lifespan and Mr. Sandeen
understands the incentive payments will continue every year.
Ms. Barry asked if the payments would remain the same or change over time. Mr. Sandeen said
the amounts will depend on the annual market rates for alternative energy credits for every
megawatt hour of heat that is produced by the ground source heat pumps. The calculation is
based on current rates.
Mr. Lucente asked what the scope of the RFP is and whether it will be presented to the
Selectmen more formally before it is released. Mr. Sandeen said the Solar Task Force hopes to
get a response to the RFP that will include not only Hastings School, the Fire Station and the
Lexington Children's Center, but also Diamond Middle School, the Hadley Public Services
Building, and the three municipal parking lots. The work is expected to be staggered. Mr. Malloy
said he will distribute copies of the RFP to the Board.
Mr. Pato asked if the RFP is intended to solicit power production agreements or solar installation
capital projects. Mr. Newell said it is hoped the bidders will submit for both alternatives.
Ms. Barry said she is happy to see the Hadley Public Services Building included on the list for
solar panels and added that the Town pool building would also be a good location. Ms. Barry
asked if there is staff capacity to get the RFP out in good time, Mr. Newell reported that the
Town received a $10,000 grant to generate the RFP and there are also some Operating funds that
could be used, if necessary. He added that two Massachusetts Clean Energy Center (MassCEC)
grants have been received: one for $250,000 for Hastings Elementary and another for $79,000
for LCP. Two more awards are anticipated, one for the Visitors Center and another for the main
Fire Station.
Edward Ganshirt, 48 Fletcher Avenue, asked if the storage is both electric and thermal and what
the battery life is expected to be.
Review and Approve Updated Battle Green Board of Selectmen Regulations
The Police and DPW departments asked for several changes to the draft that have now been
made. The most significant changes were the prohibition against use of grills/open flames and
the placement of portable restrooms on the Green. The use of marijuana is also prohibited,
similar to the consumption of alcohol. The language regarding drone use, which was included in
a previous draft, remains the same. A request to prohibit signs on sticks was reviewed by Town
Counsel and found to be inappropriate, although the general posting signs remains prohibited.
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Dawn McKenna, Tourism Committee Chair, asked for clarification to ascertain that none of the
Battle Green-related signage would be affected by the regulations. Mr. Pato said it is his
understanding that these official, permanent signs are exempt from the regulations.
Upon motion duly made and seconded, the Board voted 4-0 to approve the amended Battle
Green Regulation as proposed.
Battle Green Request—Lexington Tea Burning
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the use of
the Battle Green by the Lexington Minute Men on Sunday, December 9, 2018 for a musket drill
(non-firing) at 10:00 a.m. and several musket fire volley demonstrations between 12:15 - 3:00
p.m. pending issuance of required approvals by Town Departments for the Lexington Tea
Burning event being held on the Visitors Center Lawn. The Town Manager's Office is
coordinating approval for use of the Visitor's Center Lawn.
Future Meeting Dates
The Selectmen reviewed meeting dates through the end on 2018 as well as the potential for a
Board Meeting on February 22, 2019 at 9 a.m. to approve the FY20 Budget; a Joint Meeting with
School Committee for update on Mental Health issues on Monday, January 14; a Joint
Meeting with Appropriation Committee, Capital Expenditures Committee and Board of
Assessors to begin a policy discussion on Personal Property Tax; a Joint Meeting with the
Planning Board regarding procedures and shared vision; and scheduling the annual June Goal
Setting meetings with the Town Manager.
Ms. Barry reminded Board members to put a hold on Mondays at 6 p.m. as potential start times
for Executive Session on nights prior to Regular Session meetings.
Selectmen Committee Appointments
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint John Frey as
Honorary Member to the Tree Committee.
Consent Agenda
• Approve Minutes
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Regular
Session minutes of. July 9, 2018; July 23, 2018; August 6, 2018 August 27, 2018; August 28,
2018 (Joint meeting with the School Committee); September 5, 2018; September 17, 2018; and
September 26, 2018.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve but not
release the Executive Session minutes of August 6, 2018 and August 27, 2018.
Adjourn
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Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 9:35 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary