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HomeMy WebLinkAbout2018-12-03 BOS-min December 3, 2018 Page 1 of 9 SELECTMEN'S MEETING Monday, December 3, 2018 A meeting of the Lexington Board of Selectmen was called to Selectmen's Meeting Room of the Town Office Building at 7:10 p.m. on Monday, December 3, 2018 following two Executive Sessions under Exemptions 3 and 6 that ended at 7:01. Present were Selectmen Ms. Barry, Chair; Mr. Pato; Ms. Ciccolo; and Mr. Lucente as well as Mr. Malloy, Town Manager; and Ms. Siebert, Recording Secretary. Selectman Hai was absent. Selectman Concerns and Liaison Reports Mr. Lucente: • The Town Celebrations Committee is hosting Dance Around the World program on December 8, 2018 at 6 p.m. at Lexington High School. Details are on the Town website. • The Recreation Committee held a Public Hearing on November 28, 2018 about the Center Track project; the Committee recommends that a 6-lane track be built. • The Ad Hoc Crematory Study Committee will hold its first meeting on Monday, December 10, 2018 at 7 p.m. at the Hadley Public Services Building. Mr. Pato: • The Residential Policy Study Committee will meet Tuesday, December 11, 2018 at 7 p.m. in Estabrook Hall to review its analysis of residential and means-tested exemptions for tax rate setting. • The Community Preservation Committee is reviewing 14 potential FY20 funding items and the amount requested is significantly more than available funding, although the CPC has deemed all of the projects worthy. • Mr. Pato will serve as a Generation Civics judge at the State House on December 4, 2018. Generation Civics is a program for middle school students who compete to propose solutions to local problems. Ms. Barry: • Reported that the Hartwell Avenue compost facility will be open this weekend (December 8 & 9) and the following weekend (December 15 &16). The week on December 3 is the last for curbside pick-up of leaves and brush until April 2019. • Expressed her thanks to the Holiday Lighting Committee and to the donors who supported the holiday lighting in the Center. • Asked Board members to choose a date to meet with Town Manager Jim Malloy and DPW Director Dave Pinsonnault about the automatic meter reading system. • Reported that she, Mr. Malloy, and Mr. Pato will attend Indian Americans of Lexington "Getting Involved"program on Saturday, December 8, 2018 at the Community Center. • Noted that today's date marks the 19'h anniversary of the Worcester Fire in which 6 firefighters were lost. December 3, 2018 Page 2 of 9 • Ms. Barry expressed the sympathies of the Board on the passing of the 41"President of the United States, George H.W. Bush, on Friday, November 30, 2018. Town Manager Report Mr. Malloy reported that Fire Chief John Wilson has announced his retirement, effective January 25, 2019. The Town will begin the recruitment process to choose his successor. Mr. Malloy has named Library Director Korem Stembridge to replace Human Services Director Charlotte Rodgers on the Human Rights Committee. Public Hearing—Flammable Storage License, 430 Concord Avenue Ms. Barry opened the Public Hearing at 7:17 p.m. Ed Grant, local counsel representing Artis Senior Living; Alan Nassar, Project Superintendent Dellbrook Construction; Bill Wolfgang, Senior Project Manager; Jim Tranghese, Project Manager, requested a Flammable Fuel Storage License to store 4000 gallons of propane in above ground tanks on the site of Artis Senior Living, LLC, 430 Concord Avenue. Mr. Wolfgang stated that there are currently 2000 gallons on site, the limit allowed without an additional permit. Artis wants to double the onsite capacity to safeguard against emergencies that might occur between the occupancy date and the date the NStar strike is settled and underground pipeline hook-up can be completed. The facility should be fully constructed by the end of December but without the additional propane capacity, a certificate of occupancy would not be issued. At considerable expense, Artis has converted the building systems to be able to run on propane. Ms. Barry asked how often the tanks would be inspected and if there needs to be an amended emergency plan to double propane capacity. Paul Bates, Fire Department, said an inspection occurs once and is done by him, the Building Commissioner, and the Plumbing Inspector. Four 1000-gallon tanks are on the property; only two are hooked up at present. If an incident were to occur,the facility has a response protocol and an automatic shut-off procedure. Although the license does not specify, there is mutual agreement that once the NStar gas lines are hooked up, the propane tanks will be removed and only NStar gas will be used. Mr. Malloy relayed a question from Selectman Hai, asking if the location of the propane tanks could be clarified. The map showed the tanks to be behind the Artis facility, in a fenced in area, closest to Hampton Road. Cindy Lewis, 5 Hampton Road, asked for the license to specify that the tanks and fencing be removed once the NStar gas lines are connected. She also asked that the evergreen buffer/screening be replaced to shield Hampton Road from the facility. Mr. Wolfgang said once the gas company dispute is settled and the lines connected, the tanks will be removed;plantings will be replaced as soon as the season allows. Mr. Lucente asked if a provision to the license could be added specifying removal of the tanks. Mr. Bates reported that, even if the strike is settled earlier, the gas lines cannot be connected until December 3, 2018 Page 3 of 9 April 1, per Town ordinance. He clarified, however, that although the Town issues the license, the Fire Department issues the permit and he can rescind the permit as he sees fit. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a Flammable Fuel Storage License for Artis Senior Living, LLC for the storage, operation and maintenance of flammable and combustible storage at 430 Concord Avenue as presented. Review Proposed FY20 Capital Improvement Projects Five Town departments presented FY20 Capital Improvement Project requests (CIPs): Town Clerk: Archives and Records Management $20,000 (CPC eligible). All four Selectmen supported this ongoing initiative. Library: Children's Room Renovation Feasibility Study $100,000 ($80,000 for the project/$20,000 contingency). All four Selectmen supported the request. Mr. Pato suggested that private support might supplement municipal funding for the project itself, after the study makes clear what is needed. Land Use: 981 Transportation Mitigation $100,000 and 1062 Willard's Woods Site Improvements $138,273 (CPC eligible): Ms. Barry asked if the pedestrian beacons at crosswalks near the schools are supposed to work all the time. Mr. Pinsonnault said crosswalks near schools are programmed to work only during school hours but other crosswalks are programmed to function on demand at all times. Ms. Barry asked Mr. Malloy and Mr. Pinsonnault to check into this, noting the Selectmen regularly receive complaints from residents who abut school crosswalks. Mr. Lucente, Ms. Barry, and Ms. Ciccolo supported the Willard's Woods request. Mr. Pato reported that the Commission on Disabilities supports the initiative and that seven Community Preservation Committee members also support the request, while 2 members have more questions. Recreation: 280 Pine Meadows Improvements $75,000 (from Recreation Enterprise Fund): 518 Park Improvements —Diamond School Athletic Fields $435,000 (CPA eligible); 532 Park Improvements —Adams Park Hard Court Resurfacing $70,000 (CPA eligible); 893 Shared Expense with Minuteman High School for $8M (partially CPA eligible): 1046 Old Reservoir Bathhouse Renovation $620,000 (CPC eligible):1065 Recreation Community Needs Assessment $50,000. Mr. Lucente said it is important for the Town to maintain its recreational facilities. He believes the Needs Assessment initiative will produce valuable information but the Bathhouse estimate seems high for a renovation project. Ms. Batitte, Director of Recreation and Community Programming, said the project includes accessibility improvements to the site and building, including some plumbing fixture replacement. December 3, 2018 Page 4 of 9 Mr. Pato reported that the CPC fully supported both the Adams Park and Diamond School projects but had questions about the Bathhouse project. No vote was taken on the Minuteman High School Shared Expense due to lack of cost breakdown. Dawn McKenna, Precinct 6 Town Meeting member, expressed concern about the number of Recreation projects proceeding without knowing the recommendations of the Needs Assessment Study. Information Technology: 556 Network Core Equipment Replacement $480,000; 708 Municipal Technology Improvement Program $150,000: 1054 Application Implementation $150,000. Mr. Pato and Ms. Ciccolo said they believe the projects are important and worthy. Approve FYI Tax Rate/Minimum Residential Factor Carolyn Kosnoff, Assistant Town Manager for Finance; Greg Johnson, Chair of the Board of Assessors; Rob Lent, Director of Assessing; Ed Grant, Board of Assessors; and Cass Groblewski, Board of Assessors, presented information on factors that will affect the determination of the Fiscal Year 2019 tax rate. Ms. Kosnoff reported on one change that has been made since the Public Hearing that was held on November 19. 2018: the debt exclusion increment is now $1,067,310, a decrease of$400,000, due to a lower exempt debt total than originally used in the calculations. This new number results in a 3.5% increase in taxes for a Single-Family Dwelling. This percentage is consistent with the goal of keeping the Residential tax rate to between a 3.2% and a 4% increase. Mr. Pato said Town should aim to keep tax increases to 2.5% or below in FY20. Ms. Barry noted that if the Residential shift factor remains at 1.75, as it has been for the last few years, Town Wide Retail tax rates would increase by 6.0%. She asked if this increase could be lowered and, if not, how such an increase can be explained to business property owners who the Town does not want to alienate. Mr. Lent said that the mix of properties has changed and this confuses the reason behind the increase; an average property will not see this level of increase. Next year, when the data does not change, the rate will not increase to this extent. In the future, Mr. Lucente said he would like the Board to take a closer look at the effect the Residential tax shift has on attracting and retaining businesses. Mr. Pato said that he would like the Town to research whether the State would allow a shift greater than 1.75. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to establish a residential factor of 1.75, which results in a tax shift of 0.904; Upon motion duly made and seconded, the Board of Selectmen voted 4-0 not to adopt the Open Space Discount; Upon motion duly made and seconded, the Board of Selectmen voted 4-0 not to adopt the Residential Exemption; December 3, 2018 Page 5 of 9 Upon motion duly made and seconded, the Board of Selectmen voted 4-0 not to adopt the Small Commercial Exemption. Economic Development Proposed FY20 Budget Melisa Tintocalis, Economic Development Director, stated that FY20 is expected to be a unique budget year for the Department, given the construction of the new Visitors Center which will straddle the fiscal year from May 2019 to April 2020. Although the FY20 All Funds Economic Development Office budget reflects a $28,949 or 3.80% increase in expenses, the budget also includes a combined decrease in the Revolving Funds revenues for the Visitors Center Retail and Liberty Ride Tours. The increase is driven primarily by the new Liberty Ride transportation service contract and $16,844 in benefits for Tourism staff that were not previously included in the department budget. Ms. Tintocalis added that Revenues for the Liberty Ride (-20%) and Tourism retail (44%) are projected to decrease during the reconstruction of the Visitors Center due to displacement of the Visitors Center program in an as-yet-undetermined temporary headquarters. Economic Development FY20 Program Improvement Request: General Fund Support for Visitors Center Services $166,968. Mr. Lucente asked why revenue for the Liberty Ride would be so affected by the relocation of the Visitors Center. Ms. Tintocalis said that having a physical hub is a factor in the level of revenue generated, although online ticketing accounts for 30% of ticket sales. Mr. Pato asked why Liberty Ride costs are projected to increase 30% and if this is a systemic issue for all transportation contracts. He also questioned if departure from self-funding would be a long-term expectation and asked that the department do all it can to avoid relying on the tax levy for support. Ms. Tintocalis said that there is an RFP out currently for a new Liberty Ride transportation contract and she anticipates higher prices, although more will be known after the bidding period closes December 13, 2018. Ms. Barry asked for more information about the Battle Green walking tours. Ms. Tintocalis said the tours originated with volunteer guides but over time, guides were paid hourly. Total part-time seasonal salaries are projected to cost $21,720 in FY20. Ms. Ciccolo asked if retail goods could be sold online or promoted with an outside display/kiosk to recover some of the sales lost when the Visitors Center is displaced. Ms. Tintocalis said online sales has not been fully explored as yet. Ms. Barry said that Charles Hornig of the Planning Board may present two Citizen's Petitions to Annual Town Meeting regarding the Hartwell Avenue zones. To this end, the Planning Board may ask for a Joint Meeting or a Plus One Meeting with the Board of Selectmen. Ms. Barry called a 5-minute recess at 9:04 p.m. The meeting reconvened at 9:10 p.m. December 3, 2018 Page 6 of 9 Discuss Noise Bylaw Proposal for 2019 Annual Town Meeting Lee Minardi, Noise Committee Chair, asked the Selectmen to approve submission of two articles to the 2019 Annual Town Meeting that would mitigate noise and air pollution created by lawn equipment. The first article would limit the hours of all lawn equipment to 8 am to 8 pm Monday through Friday; and 9 am to 5 pm Saturday, Sunday, and Legal Holidays, no matter how they are powered. The DPW would be exempt from the restrictions for Patriots' Day event preparations. Implementation would begin in 2020. The second article would restrict leaf blower operation specifically to 65 dBA or below as measured 50 feet from the apparatus and limit gas powered leaf blower use to spring and fall only. Implementation would begin in 2021. Mr. Minardi said that prior to Town Meeting, the Committee would hold public meetings to gather feedback and distribute information about the proposals. Mr. Lucente asked how noise levels are measured today and if the Town would need to purchase special equipment to enforce noise levels. He asked for data on the number of noise complaints received by Police. Mr. Lucente asked if gas powered leaf blowers would be banned in the restricted months if their decibel levels were 65 or lower. Mr. Minardi said that, for health reasons, the Committee would like to ban gas powered equipment all together but members see the proposed articles as an interim step, as other Towns have done. Mr. Lucente said he supports the hours restrictions. Mr. Pato reported that he hears complaints from residents about landscaping equipment noise levels and pollution emissions. He supports the initiatives but asked the Committee to engage with the community prior to moving forward with the articles; if the articles are not supported by the public at this time, he asked the Committee to proceed more slowly. Ms. Barry asked if storm clean up using chainsaws would also merit exemption. Mr. Minardi said this would be addressed in the final details of the proposal. Ms. Barry asked if the hours proposed would change DPW practices. Mr. Pinsonnault said he would have to take a closer look at this and reported that electric blowers do not work well during the heavier spring and fall workloads. Ms. Ciccolo agreed that the initiative should be thoroughly vetted in the community before moving ahead and encouraged the Town not to shy away from enforcement. Update: Funding for Electric Vehicle Charging Stations Mr. Malloy has reviewed the NGrid Grant and the Parking Fund as two potential funding sources for additional EV stations. Available funds from NGrid are $21,500 and the Parking Fund balance is $944,000. As the cost of the EV Chargers will exceed $21,500, Mr. Malloy recommends the Parking Fund because the cost is directly related to improving the parking lots. If the Board is agreeable, Mr. Malloy will draft an article for Town Meeting to use the Parking Fund for the stations. Sustainable Lexington has been advised of this course of action. December 3, 2018 Page 7 of 9 Mr. Malloy said that revenues from the EV meters can repay the Parking Fund as they are generated. Mr. Lucente asked how long it would take to pay back the Parking Fund, noting that the Center Committee has made strong points about the need to use Parking Fund monies to create additional parking areas. Mr. Pato supports using the Parking Fund, given that additional EV spaces will improve parking in the Center. Additionally, using a funding source in hand will expedite the process. Mr. Pato said the Town should also be looking at other parking lots to install EV stations that the NStar grant money can subsidize. Ms. Barry said that privately owned lots in the Center should be approached as well about applying for the NStar EV charging station grant. She noted there are policy discussions the Board will need to have about who can park in the spaces, for how long, and what the fines would be. Ms. Ciccolo supported using the Parking Funds but she asked that it be made clear how the Fund would be repaid and how long it is expected to take. Outdoor Skating Rink Request 2018-19 Season Lisa O'Brien presented information about the fourth season on the Community Outdoor Skating Rink, saying that nothing of note will change this year. Funding is from private donations and the Lions Club. Contributions can be made at"skatelexington.com". Volunteers maintain the rink, assisted by DPW staff as needed. David Kanter, Precinct 7 Town Meeting member, asked how the ground is rehabilitated after the rink is removed. Mr. Lucente said the damage is minimal and a breathable liner is used to keep damage to a minimum. Mr. Pinsonnault said that general maintenance is usually all that is required. The Board reached consensus to support the request to open the rink again this year. The property is under the jurisdiction of the Town Manager. Annual License Renewals Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the list of license renewals as presented. Entertainment License—Inn at Hastings Park Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the request of the Inn at Hastings Park for an Entertainment License for live music on New Year's Eve until 1:00 a.m. on January 1, 2019. December 3, 2018 Page 8 of 9 Approve Crossing Guard Union Collective Bargaining Agreement Ms. Barry was recused as her husband is employed by the Town of Lexington. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve both Memoranda of Understanding between the Town of Lexington and SEN Local 888 Crossing Guard Unit for the periods FYI 7-19 and FY20-22 and further to authorize the Town Manager to execute the MOU's and any other documents to effectuate the agreements Approve Lexington Police Association Union Collective Bargaining Agreement Ms. Barry was recused as her husband is employed by the Town of Lexington. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to authorize the Town Manager to execute the Memorandum of Understanding between the Town of Lexington and the Lexington Police Association for the period FYI 9-21 and any other documents to effectuate the agreement. Review and Sign Letter of Opposition to FCC Proposal 18-131 Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to authorize the Chair to sign the letter to the FCC as presented. Tax Bill Insert Vicki Blier and Pat Costello, Co-chairs of the Selectmen's Tax Deferral and Exemption Study Committee, explained the senior tax deferral program. The tax bill insert would serve as a way to promote the option to those who are eligible. Mr. Malloy noted that the new Town Office Building hours will be printed on the flip side of the insert. The Selectmen recommended minor changes to both messages before voting approval. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to authorize the tax bill insert regarding the tax deferral program and the new business hours for the Town Office Building new hours, to be included in the 3rd quarter property tax bill mailing. Letter of Support James Malloy International City/County Management Association Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the letter of support for James Malloy as a candidate for President of ICMA and authorize the Chair to sign the letter as presented. Town Managers Appointments Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Town Manager's appointment of Aaron Noah Brosnan to the Youth Commission for a term to expire April 2020. December 3, 2018 Page 9 of 9 Selectmen Committee Appointments Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Jane Current as a member of the Tax Deferral and Exemption Study Committee for a 2-year term to expire September 30, 2020. Consent Agenda 0 Water & Sewer Adjustments Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve Adjustments to Water and Sewer as recommended by WSAB Nov 1, 2018 ($27,633.76) Adjourn Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 10:09 p.m. A true record; Attest: Kim Siebert, Recording Secretary