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HomeMy WebLinkAbout2019-02-04 BOS-min February 4, 2019 Page 1 of 10 SELECTMEN'S MEETING Monday, February 4, 2019 A meeting of the Lexington Board of Selectmen was called to order at 6:33 p.m. on Monday, February 4, 2019 in the Selectmen’s Meeting Room of the Town Office Building. Present were Selectmen Ms. Barry, Chair; Mr. Pato; Mr. Lucente; and Ms. Hai. Also present were Mr. Malloy, Town Manager; and Ms. Siebert, Recording Secretary. Selectmen Concerns and Liaison Reports Ms. Hai:  Ms. Hai and Mr. Pato participated in the in-class session of the mock Town Meeting at Clarke Middle School today. Diamond Middle will hold its in-class sessions on Thursday, February 7, 2019. The students are now preparing for all-school sessions, scheduled in March. Mr. Pato:  The Board of Selectmen has received a series of letters from participants in the Cary Memorial Library’s Social Justice Storytime program. Social Justice Storytime is held once a month; last month’s theme was Civic Engagement. Mr. Pato and another Selectman will join the next conversation at the upcoming February session.  The Community Preservation Committee is making two policy adjustments: one pertains to housing and will first be approved by LexHab before coming before the Board of Selectmen; the second sets the CPC debt ceiling to 50% of anticipated annual revenues. At the present time, debt is higher than 50% so the Committee recommends that all projects be cash-based. Ms. Barry:  The Historic Districts Committee and the Historic District ad hoc Study Committee has sent invitations to residents of the four districts to attend one or more of three meetings about potential changes to Historic District guidelines. Business owners in the districts have been invited to attend a separate meeting. Mr. Lucente:  The Tourism Committee and the Center Committee held a joint meeting to review options for location of the temporary Visitors Center. The opinion of a majority Tourism Committee members was to site the temporary Visitors Center at the Cary Memorial Building. Town Manager Report February 4, 2019 Page 2 of 10  The Town has been awarded a $15,000 Massachusetts Downtown Initiative grant. The  goal of the effort will be to develop a strategic plan with actionable recommendations to increase Lexington Center’s retail vitality. Melisa Tintocalis, Economic Development Director, will oversee the initiative. Bicycle Advisory Committee Update Peggy Enders (Chair) and Kevin Falcone, Bicycle Advisory Committee members (LBAC), presented an overview of issues pertaining to the Minuteman Commuter Bike Way, including E- bikes; motorized vehicles and speed concerns; courtesy and congestion; and a protocol for abandoned Lime Bikes. LBAC recommendations include: respond to the growing trend in bike travel by providing more bike parking; join calls that the State quickly pass legislation separating bicycles into different classes governed by different rules; improve bike path and roadway signage; institute a safe passing program; establish a Town staff liaison to act as a program coordinator; improve educational efforts for all users; create more protected bike lanes on heavily trafficked roadways; provide alternative low stress bike path lanes where possible. The Committee believes that higher-speed vehicles should be prohibited from shared-use paths; and that roadway designs should accommodate a growing number of higher-speed bicycles/ scooters, in addition to traditional bikes. Mr. Pato agreed that more progress should be made toward achieving the Complete Streets model. He endorsed some of the signage recommendations and encouraged Board review and approval. Ms. Barry asked the Committee to forward the list of Burma Shave-type sign messages to the Selectmen’s Office for review and to be scheduled for a future meeting. Mr. Lucente recommended that assignment of a Town staff liaison be discussed at an upcoming meeting as well. He asked what the Committee’s recommendation is about abandoned Lime Bikes. Ms. Enders said she believes Lime Bike is adding staff to address the issue since many towns are experiencing the same problem. For the present time, Lime Bike says it is the Town’s responsibility to report abandoned bikes using the six-digit GPS number. Review and Approve Response to Liquor License Compliance Check Violations Lieutenant Jim Barry and Officer Christina Hankins, Lexington Police Department, reported that liquor compliance exercises were conducted of eight establishments on January 2, 2019. The checks were duly publicized as required by law. Two establishments were found not to be in compliance because they did not ask for identification before serving alcoholic beverages and, as a result, served underage patrons. Ms. Hai asked how often compliance checks are done and whether additional checks would now February 4, 2019 Page 3 of 10 be done on the two establishments in question. Lieutenant Barry stated that checks are done at least once a year with a new Department goal of increasing to twice a year. Ms. Barry noted that one of the establishments, Sanyo, is a relatively new business and may benefit from additional education around compliance. Officer Hankins reported that she has spoken with the manager on the subject. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and authorize the Chair to sign the letters to Tio Juan Margaritas, 438 Bedford Street, and Sanyo, 21- 25 Depot Square, informing them of the actions to be taken in regards to the liquor license violation found as a result of the January 2, 2019 compliance check conducted by the Lexington Police Department. Lexington Historical Commission Grant Application for Research and Corrections to Cultural Resources Survey Marilyn Fenollosa; Sam Doran; and David Kelland (Chair), members of the Lexington Historical Commission, asked for approval to apply for a grant from the Massachusetts Historical Commission. The grant will support research and correction of errors in the Cultural Resources Survey/Inventory. Ms. Fenollosa reported that a good number of Lexington’s historic buildings are “hidden in plain sight” and/or have been miscategorized due to lack of adequate documentation. Lexington is eligible to apply for the grant with favored status. The grant requires a 50% local funding match. Since Community Preservation funding is not allowed, Carol Kowalksi, Assistant Town Manager for Community Development, has begun to seek alternative sources. The application, due Monday, February 11, 2019, requires the signature of the Chair of the Board of Selectmen. Ms. Hai asked where the 50% funding match is likely to come from; she noted that the value of Town staff time can be included in Lexington’s portion of the funding. Mr. Pato supported the project, as well as the effort to secure alternative funding. He is comfortable with the request, as long as Selectmen approval at this time does not commit funding. Ms. Barry and Mr. Lucente supported the endeavor and felt confident alternative funding could be identified. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to authorize the Chair to sign the Lexington Historical Commission's grant application for research and correction of errors in the Lexington Cultural Resources Survey. 2019 Annual Town Meeting February 4, 2019 Page 4 of 10  Presentation/Update on warrant article: Amend Zoning Bylaw and Zoning Map, 186 Bedford Street Ed Grant, Zoning and Land Use Attorney; petitioners Philip, Tony, and Joe Ciampa; Doug Hartnett, Project Engineer; Mike McKay, Project Architect; Bob Michaud, Traffic Consultant; Howard Levin, Attorney; presented details of the article that asks for zoning relief in order to create a mixed-use property at 186 Bedford Street. The plan would preserve most of the existing 1870’s main building and accessory barn. Mr. Grant said that a “obsolete” addition to the property would be demolished. Thirteen residential rental units would be created, suitable for downsizing seniors and workforce residences. Three of the 13 units (23%) would be affordable. Commercial space, including the Ciampa salon, would occupy the ground floors of the main building and the barn. New annual Town revenue of $88,000 and one-time permitting fees would be realized from the redevelopment. The Ciampa family and project team is working with the Planning Board and the Historical Commission to refine details of the project. Mr. Grant stated that increases in traffic due to the project would be negligible. Ms. Hai said creating alternative types of housing is desirable. Mr. Pato said that revitalizing the area would be a positive result but he would like to hear directly from the Planning Board and the neighborhood before fully-endorsing the initiative. He asked for an analysis of the net benefit of the incremental change to the property versus what is currently on the site. Ms. Barry asked if there would be additional employee parking elsewhere. Mr. Grant stated that the Planning Board has said the 48 planned parking spaces is adequate. Ms. Barry alerted the team to be sensitive to residential abutters when planning how to illuminate the property. Mr. Lucente asked if the development team has met with neighbors of the project. Mr. Grant reported that there have been three such meetings, the last on November 1, 2018. Many also attended the Planning Board hearing on November 28, 2018. David Kanter, Precinct 7 Town Meeting member, asked for a clarification of the traffic count; since the property is now vacant, any new use will generate more traffic. Mr. Michaud said that calculation was done in the context of the property’s past uses. Sam Doran, Historical Commission, said the Commission appreciates the approach taken to preserve the building’s historic elements and the willingness of the applicants to work with the Commission. The Commission’s primary remaining concern is the proposed addition that would jut in front of the historic façade, asking that the historic house instead be predominant. Ms. Barry called a 5-minute recess at 7:54 p.m. The meeting reconvened at 8:00 p.m.  Presentation/Update on Citizen’s Petition warrant article: Amend Bylaws to Reduce CPA February 4, 2019 Page 5 of 10  from 3% t0 1% Bridger McGaw, Petitioner/Precinct 6 Town Meeting member, proposed that the Town reduce the Community Preservation (CPA) surcharge from 3% to 1% in order to lessen the financial burden on residential taxpayers. He emphasized that he is not anti-CPA but he questions whether the CPA surcharge combined with the cost of future large Capital projects would be too onerous. Ms. Hai agreed the issue of tax burden is important but noted that a reduction in CPA surcharge would also reduce the State match and slow the ability of the Town to paydown of the current debt. She was amenable to continuing the conversation, perhaps with a study committee to focus on the issue, but disagreed with putting a Town Meeting article forward. Mr. Pato agreed that a discussion about the long-term trajectory and funding capacity of CPA is important. He noted that petitioners’ articles cannot be amended on the floor of Town Meeting; the original language must be printed in the warrant and either debated within the scope as written or withdrawn. Mr. Pato reported that the Community Preservation Committee has voted to limit the CPA debt load to no more than 50% of annual revenues because of the concern about debt. Ms. Barry questioned the use of the word “immediate” in the article since there would be a process to reduce the surcharge that would not yield an immediate result. Mr. Lucente agreed that providing tax relief is desirable. He believes having an open conversation about it, perhaps at Town Meeting, would be valuable. He noted that if Lexington does reduce the surcharge, it can increase it again at a later date. David Kanter, Capital Expenditures Committee, said the projects done with the CPA funding are ones that townspeople supported. Reducing the surcharge would limit the ability to do future projects. He believes the motion as written does not emphasize the value of what would be lost if the surcharge reduction passes. He asked that Mr. McGaw consider indefinitely postponing the article at this Town Meeting so that a discussion can play out in the community. Marilyn Fenollosa, CPC Chair, reported that the Committee voted unanimously to oppose the warrant article; she asked the Selectmen to do likewise, noting the benefits that CPA funding has provided. She reported that the cost of CPA to the average household was $400 in FY18. Communities that commit to the full 3% are the only ones that benefit from supplemental State Trust Fund distributions, once first round of payments have been made. Ms. Fenollosa said the CPC is working closely with legislators to restore the State match to a guaranteed 50%.  Presentation/Update on Citizen’s Petition warrant article: Appropriate Funds for Creation of Economic Development Strategy Bridger McGaw, Petitioner/Precinct 6 Town Meeting member, proposed that the Town should appropriate funds to identify executable recommendations to attract commercial development February 4, 2019 Page 6 of 10 that would results in a reduction of the residential property tax burden. Mr. McGaw emphasized that the goal of the article is to improve the Town’s ability to fund the large Capital projects anticipated in the near future. Mr. McGaw said the proposal is meant to complement the Comprehensive Plan process. Mr. Lucente said he believes this approach would help to further the economic interests of the Town. He applauded Mr. McGaw’s efforts and awaits Town Meeting’s discussion on the issue. Ms. Barry asked if there is a way to achieve what Mr. McGaw proposes for less funding. Mr. Malloy reported there are consultants who could do some of scope of the work for less, but Mr. McGaw’s vision is broader than one study might satisfy. Mr. McGaw said implementation steps are important for the success of the proposal. Mr. Pato said a broader economic development strategy is critically important but he believes that the Comprehensive Plan will provide context for what the community wants and is needed before this more detailed plan is pursued. Ms. Hai agreed that the concept is intriguing but noted that there are multiple economic and planning initiatives already in progress. Ms. Hai said that perhaps the Metropolitan Area Planning Commission could be of technical assistance. David Kanter, Precinct 7 Town Meeting member, said the hard look the Town is taking at Hartwell Avenue’s potential for development is likely to bear the most fruit. He recommended that Mr. McGaw’s concept be studied and, if viable, be presented as an Economic Development program improvement request (PIR) in the FY2021 budget cycle. Andrea Fribush, Precinct 6 Town Meeting member, said Mr. McGaw’s recommendation to take a national perspective is a good one. Presentation/Update on Citizen’s Petition warrant article: Appropriate Funds for Design and Construction of Cremation Facility at Westview Cemetery Dinesh Patel, Petitioner, presented a proposal that asks the Town to raise and appropriate a sum of money for design, engineering and architectural services including site work, value engineering, and cost estimating to construct a new Cremation Facility at the Westview Cemetery. Ms. Hai asked Dr. Patel how his proposal would coordinate with the work of the Crematorium Study Committee. Dr. Patel said that he could withdraw the article if it complicates the process or if the Study Committee does not need outside support. Mr. Pato asked if the language of the Selectmen’s Westview Cemetery article is broad enough to include a crematorium if the findings of the study committee recommend one be built. Mr. Malloy confirmed this is the case. February 4, 2019 Page 7 of 10 Ms. Barry agreed that a second article might present confusion. Mr. Lucente said the information Dr. Patel provided will help the Crematory Study Committee in its work. He is not sure of the date on which the Study Committee will present recommendations but the work is in progress. Mr. Lucente reported that issue is complex. The Study Committee has not reached any conclusions nor has it based its work on any assumptions. The Committee has scheduled a public hearing for Thursday, February 7, 2019 at 7:00 p.m. in Battin Hall in the Cary Memorial Building. David Kanter, Capital Expenditures Committee, said the CEC awaits the report of the Crematory Study Committee but in the meantime urges the Board of Selectmen to move forward with the Westview Cemetery maintenance facility building. Sustainable Building Policy Discussion Staff and stakeholders Mike Cronin, Director of Facilities; Julie Hackett, Superintendent of Schools; Mark Sandeen, Sustainable Lexington (Chair); Jon Himmel, Permanent Building Committee (Chair); Eileen Jay, School Committee (Chair); David Kanter, Capital Expenditures Committee; were present for the discussion about updates to the Sustainable Building Policy. Mr. Malloy reported that the current policy was adopted in 2005. After meeting with Mr. Cronin, members of Sustainable Lexington, and Mr. Himmel from the Permanent Building Committee, Mr. Malloy merged two draft policy amendment documents. The single document strives to blend the language and concerns expressed in the two drafts. Mr. Malloy recommended that the policy be reviewed/updated every three years. He asked for feedback from the stakeholders and the Board of Selectmen. One highlighted recommendation was to establish an ex officio seat for Sustainable Lexington on the Permanent Building Committee. The stakeholders discussed the policy revisions as described by Mr. Malloy in the latest draft of the document. Mr. Kanter said he believes the policy should be universal and apply to all buildings, with exemptions possible under certain circumstances. Ms. Jay and Dr. Hackett expressed support for the aspirational goals enumerated. Mr. Himmel suggested several wording changes, including that the title of the policy itself be changed to “Sustainable, Integrated Building Design Policy.” He also noted that the window of time is very narrow to make alterations to some building projects so policy goals should be prominent. Mr. Sandeen agreed that the default policy and goals should be universal; Sustainable Lexington believes there should be measurable objectives, such as those the current policy specifies: Health, Energy, Demand Management, and Resilience. It also believes the policy should apply to building renovations as well as new construction. Mr. Sandeen said goal review, but perhaps not policy review, should occur at least every three years. Ms. Hai said the policy document and the procedures it prescribes should be brief, uniform, comprehensive, replicable, clear. Procedures can appear in the form of attachments. Ms. Hai agreed that the policy should be universal, with exceptions allowed in specific cases. She agreed February 4, 2019 Page 8 of 10 that an ex officio member of Sustainable Lexington should have a seat on the Permanent Building Committee. Ms. Hai said she preferred dropping the word “Sustainable” from the policy title, as it is understood and not necessary. Mr. Pato said the design standards should be in service to the goals as expressed in the Sustainable Action Plan. He believes the policy should enumerate general areas to be covered in the design standards. He agrees that the policy should be universal and that exceptions should be deliberated. Mr. Pato said the guidelines can be developed by the Town Manager and Town staff; the policy goals should be reviewed by the Board before becoming operative. Ms. Barry said the title suggested by Mr. Himmel is fine and the aspirational approach to the policy is appropriate. She recommended specifying the list of stakeholders that would review the policy/goals every three years. Mr. Lucente agreed with dropping the word “Sustainable” from the policy title. He expressed concern with using terms like “highest reasonably attainable” and “economically viable” because they provide too much room for interpretation. He believes that all buildings should be included, no matter the size, and that renovations as well as new construction should fall under the policy. Mr. Lucente said the ex officio Sustainability Committee member should be a voting member of the Permanent Building Committee. The next steps for this policy draft are: Mr. Malloy and Dr. Hackett will meet; Mr. Malloy will make revisions to the document and distribute to the Board and the stakeholders for review. Ms. Barry called for a 5-minute recess until 10:26 p.m. Continue Discussion FY2020 Preliminary Budget and Financing Plan Board members said they would either submit their edits offline to the Town Manager’s Office or cover their comments at the next meeting. The budget vote will take place on Friday, February 22, 2019 at 9:00 a.m. Bob Pressman, 22 Locust Avenue, said he is concerned with holding off on the Center Streetscape project until FY2021 because doing so would delay crosswalk lighting improvements he believes are imperative. Ms. Barry asked Mr. Malloy to discuss the issue with the Department of Public Works. Vote 2019 Annual Town Warrant The Board reviewed several edits. Upon motion duly made and seconded, the Board of Selectmen vote 4-0 to approve and sign the Annual Town Meeting Warrant and authorize staff to make non-substantive edits as necessary or recommended by Town Counsel or Bond Counsel. February 4, 2019 Page 9 of 10 Adjust Sidewalk Permit Fees Upon motion duly made and seconded, the Board or Selectmen voted 4-0 to establish the monthly sidewalk permit fees for Bertucci's at $3,915 per year and for Peet's Coffee at $465 per year. Selectmen—Committee Appointments Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Ashley Rooney and Gresh Lattimore to the Town Celebrations Sub Committee to a term to expire June 30, 2019. Consent Agenda  Approve Uses of the Battle Green Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the request of the Historical Society to use the Battle Green on April 17, 2019 for the annual Children's Battle Reenactment from 10:00 a.m. - 2:00 p.m. with a rain date on April 18, 2019. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the request of the Lexington William Diamond Fife and Drum Tattoo to hold the annual Tattoo and Lexington Muster on the Battle Green on Friday, May 3, 2019, from 7:00 p.m. to 8:00 p.m., including a small parade from St. Brigid Parish to the Battle Green beginning at approximately 6:50 p.m. Approvals are subject to working out the details with staff.  Approve Minutes Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and release the Joint Board of Selectmen/Historic Districts Committee minutes of November 5, 2018 and to approve but not release the Executive Session minutes November 5, 2018; December 3, 2018; and December 17, 2018.  Approve One-Day Liquor License Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a one-day liquor license request from the Lexington Education Foundation on Saturday, June 15, 2019 from 6:00 p.m. until 11:00 p.m. for the purpose of serving beer, wine alcohol at the Celebration for Education being held at the Hayden Recreation Center, Lower Field. th  Approve and Sign Proclamation—Chinese American Association of Lexington 36 Anniversary February 4, 2019 Page 10 of 10 Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign a proclamation to commemorate the Chinese American Association of Lexington's 36th Anniversary Adjourn Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 10:46 p.m. A true record; Attest: Kim Siebert Recording Secretary