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HomeMy WebLinkAbout2019-11-18 BOS-min Selectmen’s Meeting November 18, 2019 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, November 18, 2019 in the Selectmen’s Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. SELECTMAN CONCERNS AND LIAISON REPORTS Mr. Pato reported that on November 9, 2019, he attended the Diversity Advisory Task Force meeting that was held at the Lexington Community Center. The meeting addressed questions of the Asian communities within the Town. Mr. Pato stated that the Tax Deferral and Exemption Study Committee will be proposing a warrant article to the Board on increasing the threshold for the tax deferral program. Mr. Lucente mentioned that he and Mr. Pato had attended the Age-Friendly Survey Results presentation by the University of Massachusetts Boston. The topics that were covered were: housing, transportation, isolation, and communication needs of the senior citizens of the Town. The Council on Aging will be reviewing the proposals from the survey and will be presenting to the Board in the future. Mr. Lucente reported that he had met with the Chair and Vice-Chair of the Lexington Human Rights Committee, where they discussed the success of their No Hate November program. Mr. Lucente reminded the Board that the Town Manager evaluation is due on November 19, 2019. Also, the deadline for the topics for the State House delegation is on November 22, 2019. Mr. Lucente concluded with an announcement that he has decided to run for re-election in March of 2020. Ms. Barry extended condolences on behalf of the Board to the Worcester Fire Department for the loss of Lieutenant Jason Menard, who died in the line of duty. She also expressed condolences for the death of Former Massachusetts State Senator Susan Fargo, who had passed away on November 15, 2019. Senator Fargo served the Town of Lexington for eight terms. Mr. Sandeen announced that he has decided to run for re-election in March of 2020. Mr. Sandeen reported that the Noise Advisory Committee requested that the Board investigate making a recommendation for a construction noise by-law. The committee is meeting tomorrow night and would like some guidance as to when they should come before the Board to meet timelines for Annual Town Meeting. Mr. Sandeen mentioned that on November 5, 2019, he attended a public comments session with the Board of Building Regulations and Standards (BBRS), where he presented the Board of Selectmen’s letter from June regarding desired regulations and standards for a Net Zero Stretch Energy Code. He said that the BBRS was pushing back on the proposal of the Net Zero Stretch Energy Code. Mr. Sandeen stated that on November 12, 2019, he presented a resolution on behalf of the Board in support of the H.R. 2486 FUTURE Act, which was passed recently through the Joint Committee on Telecommunications, Utilities and Energy. TOWN MANAGER REPORT Mr. Malloy reported that there have been a couple of requests for the Town to investigate short term rental by-laws. He assured the Board that the Planning Department is working on the requests and the plan is to have a presentation prepared for Annual Town Meeting. Mr. Malloy announced that the Sustainability Director’s position was advertised late last week. The posting closes in mid-December and he hopes to start seeing some candidates applying for the position. Mr. Malloy reported that the first non-civil service recruitment for the Lexington Police Department was a success. There were over one hundred candidates, eight of which were extended offers for the current vacancies. Mr. Malloy reported that the Economic Development Office and the National Park Service of Concord met recently to discuss cooperative efforts and opportunities related to tourism. Mr. Malloy stated that Eversource has completed their work in the Depot Square and NSTAR parking lots for the electric vehicle (EV) charging stations. The Town’s contractor will be installing the actual EV charging stations at a date in the near future, starting with the Michelson’s parking lot. Mr. Malloy concluded with a reminder that Summit II is on November 21, 2019. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Public Hearing: Tax Classification Presentation Mr. Lucente opened the public hearing at 7:10 p.m. Carolyn Kosnoff, Assistant Town Manager for Finance, and Greg Johnson, Chair of the Board of Assessors, presented the FY2020 tax classification options and preliminary tax rates for consideration by the Board of Selectmen. This presentation was also a tax classification hearing to take public comments in the Board's consideration of the tax classification options. This was the first meeting in the process of setting the FY2020 tax rates. Ms. Kosnoff stated that the following items needed to be voted on by the Board of Selectmen to set the tax rate:  The residential factor that provides the opportunity to set one tax rate, which would apply to all resident and commercial properties, commercial, industrial, personal or split the tax rate, which would shift the burden from the residential onto the commercial up to a factor of 1.75%.  The open space discount, which does not apply to the Town of Lexington as there are no properties in town that would classify as open space.  The residential exemption is an option that would provide a potential discount to property owners that live in owner-occupied homes and it would shift some of the residential tax levy onto nonowner-occupied homes.  The small commercial property exemption is only applicable to commercial properties that are under $1 million in value and the occupants of that property need to have less than 10 employees. The property does not need to be owner-occupied. Currently, the Town has 76 commercial properties that are under $1 million in value and 800 businesses that have less than 10 employees. The onus would be on the Assessor’s Office to create a list of properties to which this would apply. Ultimately, the burden would be shifted from the smaller commercial properties to the larger commercial properties. Ms. Kosnoff proposed that the Board of Selectmen vote on the FY2020 tax classification options at the next meeting on December 2, 2019. At that time, the Board will take four votes, which are described in the memorandum presented named Fiscal Year 2020 Tax Classification Packet Mr. Johnson provided a brief overview of Exhibits A through G in the Fiscal Year 2020 Tax Classification Packet. Ms. Hai questioned the inconsistency of the impact percentage, with the exception of small and medium offices, which has a distinct 13.5% increase. She inquired if it was due to the assessment value. Mr. Pato explained that the average assessment last year was $1.2 million and the average assessment this year is almost $1.4 million, which is about a 13-14% increase in value. Mr. Lucente inquired if the 76 aforementioned properties included commercial condominiums as he was unclear as to the rules around the decision in valuation/assessment. He also inquired about how the mixed-use properties were incorporated into the assessment. Ms. Kosnoff stated that the 76 potential properties did in fact include commercial condominiums. Rob Lent, Town Assessor, stated that there are 20 mixed-use properties in the Town of Lexington and they vary in terms of size of the residential and commercial segments. There is currently no definitive data or guidelines to categorize these properties further into mixed-use and single-use. However, the mixed-use properties would be defined as partially residential at the residential rate and partially commercial at the commercial rate. Ms. Barry questioned the number of retail properties listed in Exhibit D.1 as the number has decreased from 93 properties last year to 80 properties this year, as well as the decrease in lab offices by three. Mr. Lent stated the number 93 was a mistake and should not have been listed in the final numbers last year. The number of retail properties has consistently been 79 to 80 from year to year. He also stated that four of the lab properties converted to industrial condos with some non-lab office spaces, which decreased the number on the assessment. Mr. Sandeen inquired about the median tax differential in Exhibit D.1 going up 3.7% and Mr. Johnson’s comment regarding the net of new growth. He wanted to know what the average resident would see if after new growth is factored in. Mr. Johnson stated that the numbers were run with growth included and the total percentage was closer to 4.6%. Ms. Kosnoff stated that the average property owner would see 3.7% without the new growth number factored in. Upon hearing no further comments, Mr. Lucente closed the hearing at 7:47 p.m. 2. Recommendations for Restriping Massachusetts Avenue to Include Additional Parking Mr. Malloy presented a proposal from the Parking Management Group that recommended 82 additional on-street parking spaces on Massachusetts Avenue, Waltham Street, Meriam Street, and Clarke Street. This was an initial presentation to the Board for consideration and input before a final recommendation for action will be presented. Mr. Malloy stated that the 82 additional on-street parking spaces would be divided as follows: 61 spaces on Massachusetts Avenue, two spaces on Waltham Street, ten spaces on Meriam Street, and nine spaces on Clarke Street. This proposal is consistent with the Parking Management and Implementation Plan that was approved by the Board of Selectmen in 2016. Mr. Pato stated that he is amenable to the addition of new parking spaces because the spots will be clearly defined for more organized parking amongst driveways and intersections. He also expressed that the paint on the roads would slow down traffic due to the perception of a narrower roadway and would benefit pedestrians attempting to cross busy areas of Massachusetts Avenue. Mr. Lucente expressed concern regarding the potential for the new spaces to turn into all-day parking much like the spaces that are currently in front of the Muzzey area. He expressed that he is not in favor of the addition of the new parking spaces on Massachusetts Avenue because he feels as though it changes the character of that part of town. He is amenable to the addition of new parking spaces on Waltham Street, but the proposed spaces on Meriam and Clarke Streets might pose a safety concern, since the streets are already narrow with the current parking. Ms. Barry stated that she is not unopposed to the addition of parking spaces on Massachusetts Avenue as there is enough space. However, she is not agreeable to the spaces being added on Waltham Street as she feels it would be difficult to navigate the driveways and existing parking spots. She is amenable to the addition of marked parking spots on Meriam and Clarke Streets. Mr. Sandeen expressed that he would like to hear why the Parking Management Group had recommended the large number of additional parking spaces on Massachusetts Avenue because he was not on the Board in 2016 when the original recommendation was made. He is also interested in hearing more about the interaction of these additional spaces and bike pathways. Ms. Hai stated that she is in favor of the addition of new parking spaces on Massachusetts Avenue because a lot of the current parking impedes driveways in the area. She does not agree with the addition of parking spaces on Waltham Street due to the congestion at the light and she feels as though maybe one spot could be added at most. She is agreeable to the addition of parking spaces on both Meriam and Clarke Streets. Lastly, she is in support of the striping, but she does not support changing the timeframes of the parking without a plan in place. Mr. Pato stated that the current parking regulations will not be changed at this time and that the spaces that will be striped on Massachusetts Avenue in particular are already existing parking that is used intermittently. Ms. Hai commented that the original intent of the Parking Management Group in 2016 was to address the all-day parkers who would park on side streets off of Massachusetts Avenue and cause congestion by narrowing the streets. David Kanter, Precinct 7 Town Meeting Member, requested that the topic be described as “street marking” as opposed to “adding spaces” to avoid confusion. He also inquired about metering potential for the new parking spaces. John Flynn, 1 Hunt Road, expressed concern in regards to safety on Massachusetts Avenue with the addition of new parking spaces. Mr. Lucente stated that he would like to see the neighbors of these areas engaged in the future plans for the addition of new parking spaces. 3. Update on Solar and Storage Request for Proposal Shawn Newell, Assistant Director of Public Facilities, and Jackson Dowdy, a representative from Ameresco, presented the Solar and Storage Request For Proposal (RFP) under the Solar Smart Program. The Solar RFP has been issued and has been in the process of negotiations for the past several months. The purpose of the presentation was to update the Board of Selectmen on the solar project and to seek the Board’s approval for authorization of the Town Manager to sign agreements with Ameresco. The approval of this project is time sensitive and needs to be completed by the next Board of Selectmen meeting. The Department of Public Facilities will be requesting that the Town Manager, with approval of the Board of Selectmen and the School Committee, execute into a Power Purchase Agreement (PPA). Kevin Batt, Town Counsel, was also in attendance. Mr. Newell stated that the Town of Lexington currently uses solar power and the production of which makes up about 31% of the town and school electric load. The solar projects provide a social cost benefit of about $120,000 and reduce greenhouse gas emissions by 2,475 top metric tons annually. Each year, the Town saves about $156,500 from the Phase I rooftop solar projects and $357,000 from the Phase II Hartwell Avenue solar projects on the Town’s electric bill due to solar net metering credits. Mr. Newell stated that the proposed new energy system designs (carports, rooftops, and battery storage) it would increase the town and school solar electricity production an additional to 28%. The reduction in greenhouse gases would be 2,255 metric tons and it would have a social benefit of $113,000. The s expected annual value to the Town of the proposed projects would be $371,200 if the Town were to move forward with the proposed PPA. Mr. Newell stated that the benefit of entering into a third party ownership would be as follows: a third party building the solar sites while the Town benefits from the solar carports and batteries, Ameresco would take on the project development and performance risk as referenced in the PPA but will receive the tax benefits, smart incentives, and PPA revenue from Lexington, and the third party developer would be responsible for development of the project acquisition materials, installation of equipment, and operation/maintenance of the system throughout its life. The Town of Lexington benefits from a low cost and long-term power contract of 20 years. It would assist in the Town’s sustainability goals, demand cost reduction with electricity and challenge group buildings, and the Town will receive an annual PILOT payment in lieu of taxes as revenue. The Department of Public Facilities has identified seven school sites as locations for the solar production with different savings at each site. Mr. Newell concluded with the timeline sensitivity of approving the Town Manager to enter into a PPA. The incentive rates, construction timeline, and the financial outlook of the program would all be impacted by a delay of an approval. Mr. Lucente had asked what would happen in 20 years at the end of the agreement. He also inquired about the battery replacement at 10 years versus 20 years, as well as the placement of electric vehicle (EV) charging stations. Mr. Newell stated that the Town could ask Ameresco to remove all of their equipment from the sites or ask for a buyout and purchase the equipment at a reduced cost. The battery replacement is still under negotiations. There are no current plans for the placement of EV charging stations, but the conduit will be in place for future installation. Ms. Barry stated that the addition of solar on the Town pool building would make a statement to the community. Mr. Sandeen stated that what was not mentioned during the presentation were the benefits of the Lexington Children’s Place and Hastings Elementary School. The two properties would be generating an excess amount of solar than what would be needed a year for electricity to run the buildings. If the project were to move forward, both buildings would become Net Zero schools and would benefit the Town by bringing in revenue via Alternative Energy Credits (AECs) from the State program called the Alternative Portfolio Standard (APS). Mr. Pato expressed surprise that the new Fire Department Headquarters was not included on the list of sites receiving solar panels and battery storage. Mr. Dowdy stated that the site was not considered from a financial standpoint due to the size of the site, but Ameresco is working toward opportunities through either capital projects or an alternative to finance the addition of solar and batteries at a later date. Mr. Lucente expressed concern that only buildings in Town were considered for this project and that parking, such as at Lincoln Park, was not considered. He felt that it would have been helpful to consider all aspects for such a long-term contract. Ava Schaeffer, 60 Ledgelawn Avenue and student at William Diamond Middle School, expressed that this project would benefit the environment by reducing the carbon dioxide (CO2) emissions. Erica Baca, 12 Coolidge Avenue and student at William Diamond Middle School, expressed that this project would benefit the environment positively, impact climate change, and help preserve the next generation. Jong Min Kim, 30 Preston Road, expressed that this project would be useful for saving energy and stop climate change. Dawn McKenna, Chair of the Tourism Committee, inquired about the excess credits from the Lexington Children’s Place benefitting the Visitors Center, since that site was not eligible for the solar panels and storage. Mr. Batt stated that if there is a surplus production at any site it could be turned into net metering credits to particular other accounts in the municipality via a form filed with the utility company called a Schedule Z. The Visitors Center could be one of those accounts once the PPA is in place. Dave Pinsonneault, Director of Public Works, wanted to remind the Board that Lincoln Park is over a closed landfill, so any activity in that area would involve the Department of Environmental Protection (DEP) and environmental regulations. Todd Rhodes, Sustainable Lexington Committee, voiced support for the project on behalf of the committee. Mike Cronin, Director of Public Facilities, stated that at the Hastings Elementary School site, the Town is still working with Ameresco on the budget to the lay the underground work. Based on the budget provided, the Town will work with their own contractor to see if it can be done at an equal or lesser value. 4. Update on Center Track Project Melissa Battite, Director of Recreation and Community Programs, Meg Buczynski, Principal Engineer from Activitas, Inc., and Dave Pinsonneault, Director of Public Works, presented an update on the Center Track Project. Ms. Buczynski stated that the synthetic turf surface has been installed, as well as all of the paving around the track. The next steps in the project are to touch up the landscaping, install the fencing, and begin to touch up the edges in preparation for top soil and plantings in the spring. The lighting has been installed with conduits and wiring is happening in the upcoming weeks. The facility will remain closed until completion of the project and anticipate opening a few weeks into the warmer weather in the spring. Ms. Battite stated that the project came in under budget with a balance of $219,000. After consulting with Town staff and conducting community meetings, it was decided that the additional funds would be spent on the following: a protective covering for the track during the fireworks displays, additional lighting from the backend of the tennis courts to the playground, as well as to the bathrooms, an emergency blue box which would be installed in the plaza area, repaving of park drive and the parking area, the installation of a hammer/discus cage and pads, and some improvements to the practice field. Mr. Sandeen questioned what was left for completion on the project. Ms. Buczynski stated that the blue rubberized surfacing has yet to be completed, as well as the landscape areas and bringing in the top soil for the spring plantings. The shotput area and the paving of the pedestrian walkways will be done late next week. The Board of Selectmen exited for a brief recess and returned at 9:02 p.m. calling the meeting back to order. Mr. Lucente amended the order of the agenda. 5. Proclamation - 100th Anniversary of Michelson's Shoes The Board is being asked to approve and sign a proclamation in honor of the 100th Anniversary of Michelson's Shoes, 1780 Massachusetts Avenue. Michelson's Shoes has been a fixture in Lexington Center since 1919, when it was once a harness and shoe repair shop located at 1806 Massachusetts Avenue. Over the course of 100 years, the business has been passed down through four generations of the Michelson family and has continued to provide dedication and commitment to the Lexington community via their customers, as well as the Lexington Retailers Association. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the proclamation. Mr. Lucente returned to the order of the agenda. 6. Discuss EV Charging Parking Regulations Mr. Malloy presented an update to the electric vehicle (EV) charging station parking regulations (as previously discussed and edited). Mr. Malloy stated that there were additional minor edits to the EV charging station regulations, which included the addition of some verbiage regarding the maximum time limit while any other meter time limitation is in effect. Also, item (E) was clarified further, as it originally started with "Metered parking spaces...". It has since been changed to "EV Charging Station parking spaces..." which makes it clear that not all metered parking spaces are reserved for electric vehicles. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the amendment to Section 192-40 of the Traffic Rules and Regulations as follows: § 192-40 Parking Meters with EV Charging Stations the Town of Lexington encourages use of the public EV Charging Stations found in municipal parking lots in Lexington. The following shall apply: A. All normal parking fees and rules shall apply to parking spaces with EV Charging capabilities. B. There is established a four-hour maximum time limit for parking at an EV Charging Station while any other metered time limitation is in effect. C. EV Charging Stations shall charge a rate as set by the Board of Selectmen that ensures all costs associated with the use of the Charging Station are recovered by the Town, any fees charged over the base electric cost shall be deposited in the Parking Lot Fund. D. Parking meter and enforcement regulations as stated in §192 of the Town’s Traffic Rules and Orders shall apply to all EV Charger Station parking meters. E. EV Charging Station parking spaces shall be reserved for electric vehicles, any non-electric vehicle may be subject to a fine of $100. Amend current Section 192-40 to be renumbered as Section 192-41. 7. Water/Sewer Abatement Appeal - 37 Turning Mill Road Yacov Levy, on behalf of Jeffrey and Maya Bober, presented a final appeal to the Board of Selectmen for a Water/Sewer Abatement for the property at 37 Turning Mill Road. The proponent has already been before the Water and Sewer Abatement Board (WSAB) and is looking to appeal their decision for a partial abatement. This is the final appeal in this matter and the Board of Selectmen may either deny (based upon the guidelines that have been followed by the WSAB) or grant a partial or complete abatement. The recommendation from Town staff (Director of Public Works, WSAB, and Town Manager) is to deny the appeal based on the water being used by the homeowner, costs associated to the Town, and the fact that the WSAB granted a partial abatement based off of the guidelines for granting abatements. Upon a motion duly made and seconded the Board of Selectmen voted 5-0 to deny the appeal of Mr. & Mrs. Bober related to the Water/Sewer bill at 37 Turning Mill Road. 8. Discuss Police Station Debt Exclusion Mr. Malloy presented the process, timing, and involvement of the Board of Selectmen (and/or whether a committee is formed) in getting information out to the public and voters for the debt exclusion. In past years, the Town of Lexington has typically had the debt exclusion after the Town Meeting vote approving the debt authorization. At this time, there is not a request to set a date, but it would be helpful if the Board would consider potential dates for the debt exclusion to coordinate with the Town Clerk for their own preparation. The Board would also need to consider the promotion of the overall project. Mr. Lucente expressed that early June, after Annual Town Meeting, would be an appropriate time to present the debt exclusion. Ms. Barry suggested holding a Special Town Meeting within the beginning of the Annual Town Meeting in the spring, specifically for the police station. Mr. Pato inquired about the debt exclusion being included on the warrant and have it passed in order for the Board to be able to speak to a Special Town Meeting and provide enough information to the public. Ms. Hai inquired about the fund being expended in FY2021 if approved at a Special Town Meeting at the end of March of 2020. Mr. Malloy stated that he would follow up with Town Counsel on how to navigate the process. Ms. Barry expressed concern in regards to the lack of information available to the public on the actual police station project. She requested more detailed drawings and information in order to garner support from the community. David Kanter, Vice-Chair of the Capital Expenditures Committee, expressed the expectation that the vote at Annual Town Meeting would be a contingent vote. He endorses the idea of a Special Town Meeting at the beginning of Annual Town Meeting to call it to order and then absolve the matter. He is requesting a final design and cost estimate of the new police station on behalf of his committee in order to write the final report for Annual Town Meeting. The Board briefly discussed and agreed upon making the vote contingent based upon the comments made by Mr. Kanter. 9. Review Selectmen Fees Survey & Recommendations for New Fees Mr. Malloy and Katharine Labrecque, Management Fellow, presented a fee survey analysis regarding the fees charged by the Board of Selectmen's Office. The Town Manager’s Office is currently reviewing all other fees and will be making recommendations on other potential fee changes in the upcoming months to bring Lexington's fee structure in line with nearby communities (Billerica, Lincoln, Watertown, Waltham, Woburn, Winchester, Burlington, Belmont, Natick, Needham, Andover and Westford). The fees charged by the Town have not seen an increase in years. The analysis used the mean, median, low and high numbers for each fee charged by the aforementioned municipalities and compares it to the current Lexington fee structure. The analysis provides a recommendation for updating the fees, as well as a comparison between the current fees and proposed fees and the estimated increase in revenues generated by the department of $36,165 (39.9%). Ms. Labrecque stated that while gathering the data for the comparison with other municipalities, she noted that the Town of Lexington’s fees were significantly lower. The data also included the number of licenses issued in FY2019 to get a clearer picture of how many are processed in a year. Mr. Lucente expressed shock and concern over the fee increase for the Club Liquor License. He would also like to see a time range for when the next increase will take place. Mr. Malloy suggested conducting a complete fee analysis every five years to discuss potential increases, since some fees have statutory limitations. Ms. Barry also expressed shock and concern over the fee increase for the Club Liquor License. She was also perplexed about the proposed $10 fee for Garage/Yard Sales because she feels as though it would become cumbersome for the office staff. She is concerned the Common Victualler License fee was a large jump. She inquired how the process would move forward and whether it was from the Board’s vote or a vote at Town Meeting. Mr. Sandeen suggested thatthe Town consider moving our permitting process online and the administration costs for processing the fees be evaluated when setting fees. Ms. Hai stated that she was surprised at the inconsistency of how the fees were increased because the data seemed scattered. She is unclear as to how the increases will be explained to the community. She is not comfortable with the whole list, but likes the concept of it. Mr. Pato stated that he does not want to pose an onerous change to the fees, but does feel that the fees should be modernized. He would like to make things easier for people to do business in Lexington. David Kanter, Precinct 7 Town Meeting Member, inquired if there were any precedent in the courts with regard to what can be the basis for a fee. Mr. Malloy stated that there are statutory limitations for some fees, where the State has simply limited the amount a municipality can charge, but the fee is set by the municipality. The fees for services have to reflect what the cost to the Town is to provide them. The effort of completing surveys and charging what other communities are charging is a defensible was to justify the fee increase. The Board had asked Mr. Malloy to bring this item back to a future meeting agenda in terms of the implementation of the fee increases. 10. Establish 2020 Annual Town Meeting and Annual Town Election Dates Ms. Axtell presented a timeline for when dates needed to be established for the upcoming 2020 Annual Town Meeting and Annual Town Election. The Board of Selectmen is being asked to discuss and establish dates for the 2020 Annual Town Election and 2020 Annual Town Meeting, as well as potential deadlines for submission of draft motions. The suggested date are as follows:  Thursday, December 19, 2019: Last day for submission of Citizen Petitions for the 2020 Annual Town Meeting Warrant  Wednesday, January 8, 2020: Last day for final motions  Tuesday, March 3, 2020: Annual Town Election  Monday, March 23, 2020: Opening Session of the 2020 Annual Town Meeting Ms. Axtell stated that the Town Manager’s Office will be available to assist with drafting motions and article development to help citizens through the process. The Board of Selectmen would have to call Annual Town Meeting tonight in order for the timeline to work. Mr. Pato stated that he would like the deadlines to be considered guidance, since motions can be amended on the floor of Town Meeting. He doesn’t feel hard deadlines should be set for citizen articles. Mr. Malloy stated that the Town Manager’s Office is offering to work with proponents to get as many details as possible, so that the topics are not pushed right up against Town Meeting and that the Board is actually able to vote on it. He said that there are actually no hard and fast deadlines except for the day that the Board of Selectmen vote to close the warrant, so the reasoning behind setting the timeline is to ensure there are no last-minute surprises. Dawn McKenna, Precinct 6 Town Meeting Member, suggested that the deadlines set have more time in between to make it more realistic for citizens to submit petitions and drafts, while maneuvering around the holiday schedule. She stated that resources should be available on the website for both citizens and boards and committees. David Kanter, Precinct 7 Town Meeting Member, inquired about the completion of the “white book” and the “brown book”. Mr. Malloy responded that he does not know the dates of completion for the “white book” and the “brown book”, but he will email Mr. Kanter once he has them confirmed. Ms. Axtell stated that there is a step-by-step guide online for how to prepare a citizen article. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to open the 2020 Annual Town Meeting Warrant for submission of Citizen Petitions through Thursday, December 19, 2019 at 4:00 p.m. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to establish Tuesday, March 3, 2020 as the date for the 2020 Annual Town Election. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to establish Monday, March 23, 2020 as the date for the opening session of the 2020 Annual Town Meeting. 11. Discuss the Formation of an Advisory Committee Regarding Hartwell Avenue 25% Design Mr. Malloy presented a proposal that was drafted by Carol Kowalski, Assistant Town Manager for Development, on the potential of assembling an advisory group the 25% design plan for the Hartwell Avenue area. Mr. Malloy stated that the proposal references the Massachusetts Department of Transportation’s (MassDOT) recommendations for the formation of an advisory group. The group would not be subject to quorum or open meeting law and there is a suggested membership of five to seven people with representatives from the Board of Selectmen, Planning Board, Conservation Commission, and possible business owners, residents, et cetera. The recommendation would be for the Town Manager to be the appointing authority. The staff leaders on the project would be the Engineering and Planning Departments. The goal of the advisory group would be to collect general public input on a feasible design alternative to inform the Board of Selectmen, at their decision, to endorse a design alternative to MassDOT. The Board of Selectmen will be the body that approves the design alternative to endorse to MassDOT. Mr. Malloy referenced the following from the MassDOT project manual: “The charge of an advisory group should be defined at the outset with an unambiguous definition of the limits of their decision-making authority. Typically, task forces are advisory bodies that offer input to the process and suggest recommendations”. Mr. Sandeen stated that the suggested membership of five to seven members seems like a low number for a representative group of the stakeholders. He questioned whether or not the MassDOT should be considered as a part of the advisory group. He suggested that other transportation groups should be listed as potential advisors. Ms. Hai stated that she supports the concept of a working group, but she would like to see some work done on the membership. Mr. Pato stated that he views the group as an advisory group and not a design group. Mr. Lucente questioned how long the actual 25% design will go on in Lexington to try to better understand the type of commitment that might be required from the actual stakeholders. He agrees that the Town Manager should be the appointing authority for the advisory group. Mr. Malloy stated that the design process would take three years or possibly less depending on when the actual presentation to the Metropolitan Planning Organization (MPO) takes place. Ms. Barry feels there should be no more than seven members on the advisory group. She also agrees that the Town Manager should be the appointing authority for this group, but she would like to see the Public Information Officer (PIO) involved at some point. 12. Review Draft FY2019 Board of Selectmen Annual Report Submission The Board reviewed and discussed the draft of the Board of Selectmen’s FY2019 Annual Report submission. Mr. Lucente stated that over the years the report varied in terms of length. He feels as though the current report could be trimmed. Ms. Hai expressed that the section known as “Year of Transition” seemed out of order and should be put into chronological order. She also agrees that the length could be shortened. She would like to see the Visitors Center funding from outside sources added to the report. Mr. Pato would like to change the sentence referencing the aim of keeping the residential property tax increase at or below 2.5% because he feels as though this is inaccurate. Ms. Barry stated that she agreed with Ms. Hai’s comments regarding the chronology of the “Year of Transition” section. Mr. Sandeen mentioned multiple substantive changes that he would like to see amended in the report. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Board of Selectmen’s FY2019 Annual Report submission with edits to Ms. Katzenback. 13. Discuss Next Steps for the Planning Department This agenda item was a follow up discussion for the Board on the last joint meeting with the Planning Board and if the Board of Selectmen are going to be moving forward with any proposals to make changes to the Planning Board. The Board agreed to move the discussion surrounding next steps for the Planning Board to the next meeting given the late hour. CONSENT AGENDA 1. Approve and Sign Proclamation - Employee Recognition Day Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to sign the proclamation for Employee Recognition Day to honor all Town Employees and to recognize those employees with 10, 15, 20, 25 and 30 years of service. ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the meeting at 10:57 p.m. A true record; Attest: Stacey Prizio Department Assistant