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HomeMy WebLinkAbout2019-09-23 BOS-min September 23, 2019 Page 1 of 11 Selectmen’s Meeting September 23, 2019 A meeting of the Lexington Board of Selectmen was called to order at 7:02 p.m. on Monday, September 23, 2019 in the Selectmen’s Meeting Room. Doug Lucente, Chair; Joe Pato; Jill Hai and Mark Sandeen were present, as well as James Malloy, Town Manager; Kelly Axtell, Assistant Town Manager and Kim Katzenback, Executive Clerk. PUBLIC COMMENTS Ron Lochiatto, 1 Turner Road, Maynard, Lexington Department of Public Works employee, expressed concern regarding the comparable communities’ compensation analysis performed by the Town for the DPW Union negotiations. David Nagle, 14 Richardson Avenue, Arlington, Coordinator AFSCME Chapter Local 93, Lexington Department of Public Works employee expressed concern regarding the comparable communities’ compensation analysis performed by the Town for the DPW Union negotiations. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai reported the Town Celebrations Committee will be meeting with stakeholders in October to gather input on potential adjustments to the 2020 Patriots’ Day Event schedule. She also said that the Veterans Day Parade will be held on November 11, 2019 at 10:00 a.m. with ceremonies starting at 11:00 a.m. Ms. Hai stated that the Lexington Human Rights Committee will be offering new programming for the upcoming year. The new programs kick off in November with a panel and movie for “No Hate November” revolving around the impacts of hate speech and a pilot for “Not in Our Schools”, and the annual MLK Day discussion on race. The committee is seeking volunteers to help implement both programs. Ms. Hai concluded with a notification from the Battle Road Scenic Byway Committee regarding the signing of the Reviving America’s Scenic Byway Act of 2019 into law yesterday. With this law in place, the committee will now be applying for federal designation. Mr. Pato wanted to remind the community that the Town has a preliminary draft of the Hazard Mitigation Plan for review on the Town’s website and the public comment period for the plan will end on September 30, 2019. Mr. Pato mentioned that we are in the middle of Climate Action Week, and on Friday, September 20, 2019, a climate strike was held worldwide. That same day, Lexington High School students organized a local climate strike for the community with over 900 attendees at the high school. After the event, the students delivered a banner signed by attendees, as well as a letter to the Board September 23, 2019 Page 2 of 11 of Selectmen requesting action be taken here in Lexington with the conversion of school buses and all school buildings to all-electric. Mr. Lucente stated he and Ms. Barry went to Boston’s Fenway Park on September 18, 2019 and represented the Board in honoring Chris Shaw, a Lexington resident brought up to the Major League to play for the San Francisco Giants. He was presented with a proclamation, American flag, and a jar of dirt from a Lexington baseball field. Mr. Lucente stated that he attended a Human Services Committee meeting, where an update to the committee charge was discussed. He also mentioned that there will be a discussion on domestic violence at the Lexington Community Center on October 17, 2019 at 7:30 p.m. with Dr. Lisa Goodman. Mr. Sandeen stated that he had attended a meeting on September 10, 2019 with Mr. Malloy and Ms. Barry in regard to the Integrated Building \[Design\] and Construction Policy. Mr. Sandeen had mentioned that on September 11, 2019, he was appointed to the Massachusetts Municipal Association Policy Committee on Environment and Energy. Mr. Sandeen attended the Green Communities Grant Ceremony on September 17, 2019, where Lexington received a $135,000 grant for energy efficiency and lighting projects and on September th 21, 2019, he and Mr. Pato attended the Lexpress 40 Anniversary Celebration. Mr. Pato announced that September 24, 2019 is National Voter Registration Day and that there will be an event at Cary Memorial Library on that same day between 3:00-6:00 p.m. for voter registration and information. Mr. Sandeen concluded with a report of a meeting he attended last week in the Town of Arlington with a group of other municipalities regarding a potential working relationship with National Grid on addressing gas leak issues. TOWN MANAGER REPORT Mr. Malloy said that the Integrated Building Design and Construction Policy has been edited for non-substantive changes and they were forwarded to the Board for review. He said that the policy will be brought to a future joint meeting between the Board of Selectmen and School Committee for approval. Mr. Malloy mentioned that an advertisement will be placed for a public hearing regarding the Electric Vehicle Charging Station amendment to the Traffic Rules and Regulations this week. Mr. Malloy indicated that the subject of renewing the bike share program contract will be brought to a future meeting for a discussion regarding continuing participation in the program. September 23, 2019 Page 3 of 11 ITEMS FOR INDIVIDUAL CONSIDERATION 1. Grant of Location for Verizon Pole: Lincoln Street - Continued Hearing Verizon requested the hearing to be tabled to allow them additional time to ready the required updated documents. Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to continue the Verizon Pole - Lincoln Street hearing to the October 7, 2019 Board of Selectmen meeting. 2. Review of Protected Bike Lanes on Massachusetts Avenue in East Lexington Mr. Lucente informed the Board that the Department of Public Works and Engineering staff are working on reviewing options for protected bicycle lanes on Massachusetts Avenue and will come to a future Board of Selectmen’s Meeting to present their findings. 3. Update on Solar Request for Proposal Mr. Malloy said the Town's Solar Request for Proposal team is currently working with Town Counsel and Cadmus Group, the project consultant, regarding the design review, financial benefit to the town and contract negotiations. Mr. Malloy said Anderson/Krieger, Town Counsel, and Ameresco's legal team will discuss the contract terms and conditions and other factors this week in order to have a final draft together to review. Mr. Malloy reported most of the buildings are at 90% completion regarding solar design except for Hastings School and Lexington Children’s Place which have the largest of the solar arrays that have an impact on making these buildings Net Zero. Mr. Malloy stated a more detailed review will be provided to the Board once all of the final details have been negotiated with Ameresco. Mr. Sandeen commented that the request for proposal includes energy storage components in addition to solar. Mr. Pato stated he feels it is important to complete the Solar and Storage Request for Proposal as soon as possible so as not to miss the best incentive values offered by the State level programs. Mr. Voss, Sustainable Lexington Committee, also stated he also felt the request for proposal should be completed as soon as possible to attain the best incentive values. 4. Review and Discuss 2019 Fall Special Town Meeting Proposed Warrant Articles Mr. Lucente reminded the Board that Special Town Meeting is scheduled to begin on November 12, 2019 and the Board will vote the final warrant at the October 7, 2019 Selectmen’s Meeting. Ms. Axtell reviewed the following proposed warrant articles for the 2019 Fall Special Town Meeting: September 23, 2019 Page 4 of 11 Article 1- Reports of Town Boards, Officers, Committees Article 2 - Appropriate for Prior Year's Unpaid Bills Article 3 - Appropriate To and From Specified Stabilization Funds Article 4 - Amend FY2020 Operating, Enterprise, and CPA Budgets Article 5 - Amend Zoning Bylaw from CD-1 District to CSX District - 7 Hartwell Avenue (owner petition) Article 6 - Automatic Teller Machine Principal Service Uses in the CB Recommendation Article 7 - Amend Zoning Bylaw and Map-186 Bedford Street (owner petition) Article 8 - Appropriate Funding for the Route 4/225 Bedford Street-Hartwell Avenue-Wood Street Transportation Improvement Project Article 9 – LED Streetlight Conversion Mr. Pato suggested the title for article 6 title be changed to: Amend Zoning Bylaw to restrict Automatic Teller Machine as principal service in the Central Business District. Mr. Pato asked for the title on Article 8 be updated to reflect that the scope of the project is for design funds. Mr. Sandeen asked Mr. Malloy for further information regarding the objective for Article 8. Mr. Malloy explained that proceeding with local funding of 25% design plans will show the State that the Town is intent on making progress, and importantly, positions the Town favorably in the competitive state transportation funding process to construct the project as envisioned in the 25% design phase and as completed in the 100% design phase. He said Lexington’s place on the Long Range Transportation Plan (LRTP) is safe for now but would be removed in 2024 if we did not fund 25% design. Mr. Malloy said as of now, the project is targeted for construction in the 2030- 34 time band and the Town is seeking to move the project forward, which is not guaranteed to the 2024-29 time band. He said, regardless of whether the Town decides to self-fund the entire construction costs of a project or to pursue an alternative, the 25% design process is critical to moving any project forward since Bedford Street is a state road, any proposed improvements will be subject to Massachusetts Department of Transportation’s (Mass DOT) standard design review process. The Board requested to additional information be presented at upcoming Board meetings regarding articles 3, 4, 5, 6, 7, 8, 9 in order for the Board to be versed on these articles prior to the start of Special Town Meeting. Ms. Axtell noted that it is being targeted to bring articles to the 2020 Annual Town Meeting for the Westview Cemetery Building and the Facilities Master Plan. September 23, 2019 Page 5 of 11 Mr. Kanter, Precinct 7 Town Meeting Member, suggested there should be a public forum regarding Article 8. In addition, Mr. Kanter expressed he believes an article for Westview Cemetery Building construction funds should be included in the 2019 Fall Special Town Meeting warrant. Mr. Malloy explained the Ad Hoc Crematory Study Committee and the Board of Selectmen, respectively, felt the best course of action will be to receive the report from the Ad Hoc Crematory Study Committee at the 2019 Fall Special Town Meeting and then include an article for Westview Cemetery Building construction funding for the 2020 Annual Town Meeting. Mr. George Burnell, 4 Eaton Street, stated many Traffic Intersection Plans have been discussed throughout the years to address the area around Hartwell area, suggested planning needed to wait for Hartwell Avenue rezoning to conclude, and that the Town should look at issues of the 128 intersection, Wood Street, and Eldred Street separately. He stated he is available to answer any question the Board may have about these previous plans. Ms. Dawn McKenna, 9 Hancock Street, expressed she feels Article 8 should be not be brought forth until 2020 Annual Town Meeting until sufficient public forums have been executed and stated she feels a request for construction funds for the Westview Cemetery Building should be on the 2019 Fall Special Town Meeting. Ms. McKenna also asked about color of the LED lights expected to be used in the proposed LED streetlight project. Mr. Todd Burger, 386 Lincoln Street, in regard to Article 8, stated he feels there are alternative ways to address the traffic that are not currently being considered to address traffic concerns due to the potential growth of Hanscom. He suggested it would be possible to divert 50% of current traffic from 4/225 and the jug handle intersection using a service lane. Mr. Sandeen asked the Town Manager about the status and scope of the Facilities Master Plan and whether the Facilities Master Plan scope would include developing an ongoing operating building performance assessment. Mr. Malloy answered that this assessment would be included in the Facilities Master Planning process as a natural extension of the Integrated Design and Construction Policy. Mr. Voss, Chair of the Sustainable Lexington Committee, recommended that the Facilities Master Plan scope should include developing a baseline assessment of our current buildings as a necessary step towards the creation of operating building performance policy. The Board discussed whether to include Westview Cemetery building on the warrant, and concluded that since the final report from the Ad hoc Crematory Study Committee was not yet available, there were still questions that needed to be answered before the Board was comfortable bringing this item to Town Meeting. September 23, 2019 Page 6 of 11 5. Discuss Dissolving the Police Policy Manual Committee Mr. Malloy said the Police Policy Manual Committee was formed by the Board of Selectmen in 1976 for the purpose of developing the Police Manual. He said Chief Corr had made a recommendation a few years back to the Board of Selectmen that this committee be disbanded and that a working group under the Town Manager be appointed to fulfill the same function since the Police Policy Manual Committee was in conflict with the Selectmen-Town Manager Act. In 2017, the Board did not reappoint the Committee as there were discussions about disbanding therefore this Police Policy Manual Committee is non-functioning at this time. Mr. Malloy stated that the Lexington Police Department is now accredited and many of the policies established by the Police Policy Manual committee are also dictated by the Police Accreditation process. Mr. Pato stated he feels the Police Policy Manual Committee does not conflict with and is actually completely consistent with the Selectmen-Town Manager Act, he stated that he felt there was significant value in having a civilian government oversight and transparency of Police policies in light of the public’s changing attitudes regarding Police policies and should that the committee should remain in place and actually be strengthened to ensure Police policies reflect the values of the community by updating the committee charge. Mr. Sandeen agreed with Mr. Pato’s comments and mentioned that the public in many forums has made it clear on numerous occasions that they expect it is the Select Board’s duty to set policies and standards that ensure Lexington is a welcoming community focused on diversity, equity and inclusion and that one of the most critical aspects of ensuring we are a welcoming community are our Police policies. Mr. Malloy stated that he was concerned that citizens might recommend policies such as Safe Communities policies that would be in conflict with what the Town would want to adopt. Mr. Pato mentioned that Town Meeting had recently voted to recommend that the Police policies adopt many of the policies of the Safe Community Act into our Police policies. He felt that the work to integrate that Safe Community language into Police policies had not been as transparent as he would like and that the community was still uncertain whether Police policies fully reflect the intent of the vote of Town Meeting. For that reason he would be reluctant to remove civilian oversight of Police policies. Mr. Lucente asked for this agenda item be brought back to a future meeting at which Chief Corr is present in order to discuss this matter further. September 23, 2019 Page 7 of 11 6. Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee Update Ms. Hai updated the Board with the progress to date of the Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee. She explained the Committee reviewed the element of the committee’s charge which is to gather and provide stakeholder input, housing data and draft a Statement of Values to lead to the ability to have a consultant develop a draft zoning bylaw amendment and warrant article to either revise or replace Section 135-6.9 of the Zoning Bylaw, Special Permit Residential Development, to provide for the creation of more affordable and diverse residential dwelling units. She explained the committee continues to work towards finalizing the committee’s value statement. 7. Recap of Trip to Lexington's Sister City, Antony, France Ms. Hai reviewed highlights and special moments from the Lexington delegation's September 13, 2019 trip to the Sister City, Antony, France for the 33rd Annual Foire aux Fromages et aux Vins. 8. Discuss Municipal Vehicle Energy Efficiency Plan Mr. Sandeen stated that one of the priorities in the Sustainable Action Plan is to address the transportation sector. He asked for this topic to be put on the agenda for the Board to discuss what process the Town would begin to take to evaluate and improve energy efficiencies for municipal vehicles owned by the Town or vehicles operated under contract to the Town, to include electric vehicles when possible. Mr. Malloy stated that as the Town is looking to hire a Sustainability Director, this topic would be included in the responsibility of that person. Once the Sustainability Director is hired, he/she would work with Town Departments as well as obtaining input from Sustainable Lexington Committee to put together a municipal vehicle electrification plan for presentation to the Board. Todd Rhodes, Sustainable Lexington Committee, voiced the Committee’s support for the effort to electrify the Town’s municipal vehicle fleet. The Sustainable Action Plan identifies that transportation is a major source of emissions in Lexington and the Committee believes that the Town’s transition to electric vehicles would set a good example and in addition recommended that public transportation vehicles also move to electric. 9. Discuss Potential Noise Bylaw Revisions Mr. Pato explained residents have complained about the noise from construction projects near their home by jackhammers, pile drivers etc. He said the current Noise Bylaw, §80-4 of the Code of Lexington, allows construction noise between the hours of 7:00 a.m. and 8:00 p.m. seven days a week with no limit on the duration of the project. The residents would like the Town to consider limiting construction on weekends and limiting noise that continues for lengthy periods of time. September 23, 2019 Page 8 of 11 Mr. Pato stated the purpose of tonight’s discussion is to determine if a project should be referred to the Noise Committee and/or or town staff to investigate a potential Noise Bylaw revision. Mr. Malloy said that the Kari Sasportas, Health Director, could work with the Chair of the Noise Committee to assist in the review of the noise concerns and make some recommendations for potential Noise Bylaw changes. Mr. Malloy said, as a point of information for residents, noise related complaints should be directed to the Building Commissioner or Health Director during Town Office Building hours of operation and to the non-emergency Police number on weekends. Mr. Pato stated he hopes that work could be done towards bringing an article to the 2020 Annual Town Meeting to make a change to the Noise Bylaw. Lee Minardi, Chair of the Noise Advisory Committee, mentioned that the committee is currently working on a proposed bylaw for restricting hours of operation for lawn care equipment. Regarding the construction noise issues raised by Mr. Pato, Mr. Minardi suggested that the Noise Advisory Committee might want to look at both hours of operation as well as the type of equipment that would be used. 10. Approve and Sign Proclamations Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to sign the Mental Illness Awareness Week proclamation recognizing October 6-12, 2019 as Mental Illness Awareness Week and sign the Domestic Violence Awareness Month proclamation recognizing the month of October as Domestic Violence Awareness Month. 11. Selectmen Committee Appointments, Reappointments & Resignation Mr. Lucente outlined the changes in committee appointments recommended for action. Ms. Hai re-iterated the comment she made at a previous meeting that we need to reconsider our appointment process. If we are to be the welcoming and inclusive community we claim to be, we need to further our outreach into the broader community and bring new people into positions. Mr. Pato agreed with Ms. Hai’s comments. He expressed deeper concern with the process for appointing to regulatory and quasi-judicial groups under the Board’s purview. These groups have the function to hear cases and adjudicate for residents. We should be looking at the membership of those committees and cultivate a pipeline of people who would be effective members of those committees. For example, the Zoning Board of Appeals consists of full members and associates. Associates are re-appointed each year and we should take care to have a crop of associate members who would be good candidates to promote to full members. It requires us to do advertising for these boards and vet carefully rather than just appointing from lists of individuals who have September 23, 2019 Page 9 of 11 expressed interest in serving. This is by no means a reflection upon any of the incumbents or individuals involved but a recognition that it is our job to make sure the community is served by the best members as possible. Mr. Lucente agreed that we should take a different approach for how we appoint. We also need to take a better approach to on-boarding new committee members. This is not out of disrespect for any of our committee members, we have been served well by our many volunteers, but it is time for us to formalize our processes for retaining and attracting new talent. Mr. Sandeen agreed with these comments and also observed that there is overlap in some of the responsibilities of these committees. Upon a motion duly made and seconded, the Board voted 4-0 to accept the resignation of Sean Osborne from the Human Rights Committee effective immediately. Upon motion duly made the Board of Selectmen voted 4-0 to reappoint members of the following committees: 2020 Vision, Battle Road Scenic Byway, Bicycle Advisory, Board of Appeals Associates, Lexington Center, Communications Advisory, Lexington Council for the Arts, Design Advisory, Design Advisory Committee Associates. Economic Development Advisory, Fence Viewers, Greenways Corridor, Housing Partnership Board, Lexington Scholarship and Education Fund Board, Monuments and Memorials, Noise Advisory, Sustainable Lexington, Tourism Committee, Town Report, Transportation Advisory, Tree Committee and Water and Sewer Abatement Board. The resulting list is appended to these minutes. Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint the following members:  Jeanne Krieger to the Battle Road Scenic Byway Committee for a term to expire on September 30, 2022.  Cleveland Coats to the Human Rights Committee for a term to expire on September 30, 2022.  Georgia Swann to the Human Rights Committee to the unexpired term ending on September 30, 2021.  April Wang to the Noise Advisory Committee for a term to expire on September 30, 2022. 12. Support Acton's Nomination to the Boston Regional Metropolitan Planning Organization Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and authorize the Chairman to sign the 2019 MPO Election Nomination Papers from the Town of Acton. September 23, 2019 Page 10 of 11 CONSENT AGENDA 1. Approve One-Day Liquor License Motion: to approve a One Day Liquor license for the Cary Memorial Library Foundation to serve beer and wine from 7:00 p.m. to 9:00 p.m. at their Library After Dark Event with CAAL to be held at Cary Memorial Library, 1874 Massachusetts Avenue, on Saturday, November 2, 2019. 2. Water & Sewer Commitments Motion: approve the Water & Sewer Commitment July Cycle 9 Billing in the amount of $374,100.32; Water & Sewer Commitment August Cycle 9 Billing in the amount of $397,483.28; Water & Sewer Commitment July 2019 Finals in the amount of $26,267.07; and Water & Sewer Commitment August 2019 Finals $26,857.35. Upon motions duly made and seconded, the Board of Selectmen voted 5-0 to approve the Consent Agenda. ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn the meeting at 9:55 p.m. Attest: Kim Katzenback Executive Clerk September 23, 2019 Page 11 of 11 September 23, 2019 Selectmen Committee Reappointments Keith Ohmart Michael Tabaczynski 2020 Vision Committee 3 year term Margaret E. Coppe Housing Partnership Board 3 Year term Dan C. Krupka Harriet J. Cohen Mary S. Haskell Battle Road Scenic Byway Committee 2 year term Robert Pressman Richard L. Canale Sheila Page Lex. Scholarship & Education Fund Board 1-year term Bicycle Advisory Committee 3 Year term Thomas O. Fenn, Jr. Nyles N. Barnert Julie Hackett William P. Kennedy Karen Orf Hank Manz David Williams Beth Masterman Edward D. McCarthy Monuments and Memorials Committee 3-year James A. Osten term Nick Afshartous Center Committee3 Year Lee Minardi Frederic S. Johnson Howard L. Levin Sustainable Lexington Committee 3 year term Jeffrey Lyon Paul Chernick Todd A. Rhodes Communications Advisory Committee 3 Year term David J. Buczkowski Tourism Committee one year term Kenneth T. Pogran Marsha Baker Rita Vachani Kerry Brandin Margaret Coppe Design Advisory Committee 1 Year term Bernice Fallick Caroline Fitzgerald Jonathan Himmel Richard Friedson Trisha Perez Kennealy Bahig A. Kaldas Erica McAvoy (Dumont) Timothy D. Lee Dawn E. McKenna Alenka Slezak Willem Nijenberg Brigitte Steines Steven A. Vincent Town Report Committee 1 Year Term Nancy Cowen Design Advisory Committee Associates 1 Year term Transportation Advisory Committee 3 Year Term Bruce Creager Andra Bennett Sally Castleman Economic Development Advisory Committee 3 year term, Tree Committee 3 year term Narain Bhatia Jewel Kuljian John J. McWeeney James C. Wood Fence Viewers 1 Year Term David J. Buczkowski Water and Sewer Abatement Board 3-year term Hank Manz Loren Wood Greenways Corridor Committee 3 year term Donald Grant