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HomeMy WebLinkAbout2019-12-02 BOS-min Selectmen’s Meeting December 2, 2019 A meeting of the Lexington Board of Selectmen was called to order at 5:30 p.m. on Monday, December 2, 2019 in Estabrook Hall, Cary Memorial 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. 1. Exemption 6: Purchase, Sale, Lease of Real Estate - Historical Society Parking Parcel - Edison Way Upon a motion duly made and seconded, the Board voted 5-0 by roll call to go into Executive Session under Exemption 6 to consider the purchase, exchange, lease or value of real property related Historical Society Parking Parcel - Edison Way and to reconvene in Open Session. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. The regular meeting called back to order at 6:02 p.m. Mr. Lucente reminded the assembled that there would be a Joint meeting at 8:00 p.m. with the School Committee, Planning Board, and members of Lexington’s Legislative delegation, Rep. Michelle Ciccolo and Senators Cindy Freidman and Mike Barrett. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai reported that the Town Manager had held a stakeholder meeting that morning with regard to Hosmer House to discuss whether it would be suitable for use as affordable housing if moved to the Leary property. Other options are also under consideration. Mr. Lucente attended the most recent Planning Board meeting at which a detailed presentation was made by Ted Brovitz, consultant for the Hartwell Innovation Park (HIP) initiative. Mr. Lucente reported that some of the Planning Board members had expressed discomfort with the timing of the effort, feeling that there would not be adequate time before Town Meeting for public engagement. Mr. Lucente and Ms. Barry met with Town Manager Malloy to create action items for the Selectmen’s Goals. A draft of the action items will be reviewed by the whole Board. All Board members participated in the Holiday Lighting event sponsored by the Lexington Retailers Association and organized by the co-chairs of the Holiday Lighting Fund. Mr. Lucente thanked all involved for their efforts. Ms. Barry said the modular homes at Farm View have started to be put in place. Some exterior and interior work remains to be done on the six units located on Lowell Street. Mr. Sandeen reported that most of the Board attended the Lexington Interfaith Thanksgiving festivities. The program focused on Climate Change and there was a presentation from two high school students who are active in the Sunrise Movement. TOWN MANAGER REPORT 1 Mr. Malloy said the curious smell experienced around town last week was due to a chemical reaction between the contents of two different batches of salt brine used to treat roads. The product, in part, is made of sugar beets and soy beans, organic materials that help the brine stick to the roads. The incident is not expected to reoccur. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Outdoor Skating Rink Request 2019-2020 Season - Fletcher Park Mr. Lucente recused himself from this item as he involved in the planning for the rink. Ms. Hai assumed the role of Chair for this item. Ms. Hai stated that no vote is required because use of this Town property is under the jurisdiction of the Town Manager. The Town Manager, however, would like to determine Board consensus th for support of the request for a 5 season of the outdoor skating rink, located at the corner of Massachusetts and Fletcher Avenues. Lisa O’Brien, organizer of Skate Lexington, gave a brief update and was available to answer questions. In the event that the Police Station is under construction next year, the group has begun to scout alternative locations for the rink. The participating Board members supported the request. Mr. Lucente returned to the meeting as Chair. 2. Approve FY2020 Tax Rate/Minimum Residential Factor This is the second meeting in the process of setting the FY2020 tax rates. The Board of Assessors and Carolyn Kosnoff, Assistant Town Manager for Finance, presented FY2020 tax classification options and preliminary tax rates for the Board of Selectmen's consideration. At this, the final meeting in the process, the Board is asked to take four votes:  Establish a residential factor;  Determine whether to adopt the Open Space Discount;  Determine whether to adopt the Residential Exemption and, if so, the percentage (up to 35 percent);  Determine whether to adopt the Small Commercial Exemption Ms. Kosnoff and Mr. Johnson, Chair of the Board of Assessors, made the presentation. Ms. Kosnoff noted that property values and New Growth have recently received certification from the Department of Revenue; both numbers have gone down very slightly from the estimates given in the first meeting and those decreases are reflected in this final draft. Mr. Pato stated that some residents have approached him during his office hours to ask why the possibility of a Residential Exemption has not been discussed more by the Selectmen. Mr. Pato explained to the residents that the Residential Exemption Study Committee has looked into the question but did not recommend adopting the exemption model offered by the State. The Committee did recommend, however, that the Town petition for Home Rule so that alternative models could be considered instead. That Home Rule petition process is still in progress. A separate committee is looking into updating the senior tax deferral option currently available. 2 Mr. Pato does not support the Small Commercial Exemption at this point because he would like to do an in-depth analysis of how the exemption would affect the other property owners in the commercial tax category. Mr. Lucente said he supports the shift as presented this year but would like in future to study the issue. He also supports studying a Residential Exemption but not adopting one today. Ms. Barry, Mr. Sandeen, and Ms. Hai agreed that the Home Rule Exemption petition should be pursued. The Board agreed that it should be clear who would benefit and who would pick up the slack if the Small Commercial Exemptions was adopted. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to establish a residential factor of .90334, which results in a tax shift of 1.75. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to not adopt the Open Space Discount as the Town has no property classified as Open Space. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to not adopt the Residential Exemption. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to not adopt the Small Commercial Exemption. 3. Discuss Next Steps for the Planning Department This agenda item is a follow-up discussion from the last Joint meeting with the Planning Board on October 17, 2020. Discussion focused on whether the Board of Selectmen would move forward with any proposals to make changes to the Planning Board. Since the Joint meeting, the Planning Board has re-organized and a new Planning Director, Amanda Loomis, has been hired who will begin work on December 11, 2019. Ms. Loomis is the current Planning Director for the City of Framingham. The Board reached consensus not to put forward a motion at Annual Town Meeting to change the status of the Planning Board from elected to appointed. the Selectmen will keep an eye on how reorganization and new directorship affect the functionality of the Planning Board. Ms. Barry asked Mr. Malloy to solicit feedback from Planning staff about how the changes are going. 4. Presentation - Proposed Development - 1040/1050 Waltham Street Greatland Development Partners asked the Board for feedback on a full Preliminary Site Development Use Plan (PSDUP) application for 2020 Town Meeting plus confirmation as to whether the Board is supportive of the Town Manager continuing negotiations with the proponent on an MOU. Greatland is asking for the parcel to be rezoned from CLO (Commercial Local Office) to a PDD (Planned Development District). This proposal has already presented to the Planning Board; the Planning Board has generated a response letter which is included in the meeting materials. 3 Greatland Development Partners principals Kevin Sheehan and Phil Grant; and Ed Grant, local counsel made the presentation. The idea for the project and purchase of the property originated last spring. Greatland has met with Mr. Malloy to discuss the best way to approach commercial/office redevelopment of the parcel, which is adjacent to Brookhaven, across the street from Avalon, and near to existing amenities on Waltham Street/Lexington Street. Mr. Sheehan reported that the two existing buildings on the property are functionally obsolete. The new buildings will be 170,000 SF, potentially for life science office and lab space, with part of the ground level dedicated to retail. A separate, 6-story above-ground structured parking garage will replace a significant amount of existing impervious surface parking. The positioning of the buildings on the lot preserves wetlands and open space. According to Mr. Grant, an additional $1.3M annually in tax revenue for the Town would result from the redevelopment as proposed. This would be Greatland’s inaugural project. Mr. Sheehan noted that even though the firm is a relatively new (2018), the two principals are both veterans of the development industry. The site is advantageous because of its proximity to the life science clusters in Lexington and Waltham. Noting some of the comments in the Planning Board’s letter, Ms. Barry agreed that the entrances/exits to the property should be considered carefully since the Waltham Street corridor is very busy. She asked the Greatland team to focus on transportation, biking, and pedestrian accommodations and noted that the apartment complex across the street might become home to some of the property’s employees. Mr. Sandeen noted there is an Across Lexington trail along the north end of the parcel and asked the team to look into tying into it. He asked about floor and overall building heights. Mr. Sheehan said the team and the Planning Board are discussing massing and noted the substantial setback from the road. Mr. Sandeen asked Greatland to consider a flat roof design so that solar panel installation can be maximized. He emphasized Lexington’s adoption of a “Getting to Net Zero” plan for all buildings. Mr. Sheehan reported the team is looking into solar panels for on top of the garage and studying the possibility of an all-electric building. There will be e-vehicle charging stations in the garage. Ms. Hai said the parking capacity seems large, especially given that alternative transportation incentives are encouraged. Mr. Sheehan said parking is expensive to build so Greatland is proposing 600 spaces, which is what he believes the tenants will require. He noted that different building uses drive different parking demands (i.e.: office versus labs). Ms. Hai noted that having retail space in the building itself might deter employees from enjoying other nearby amenities. Mr. Pato shared his colleagues’ enthusiasm for how the plans have evolved and improved over time and he also asked Greatland to minimize parking, encourage alternative transportation, and install solar panels. Mr. Lucente asked if the team has reached out to the City of Waltham to inform/coordinate and why the parking garage is so close to the lot line. Mr. Sheehan said the team has reached out to Waltham. There is a wetlands buffer issue on part of the property which has been discussed with the Conservation Commission. The abutting neighbor on the garage side of the property has 4 expressed concern about having no setback but the team has been working through this issue to reach an agreement. Mr. Sheehan reported there would be a small number of short-term parking spaces to serve the retail tenant. The Board agreed that the Town Manager should continue working with the proponent. 5. Town Manager Performance Appraisal & Goals Review The Board discussed the Town Manager's annual performance review for the period October 1, 2018 - September 30, 2019, noting that Mr. Malloy had sent a letter of response in reference to items in the review, suggesting measurements for how to assess progress on the top ten goals. Board members provided Mr. Malloy with generally positive feedback. Ms. Hai said she believes a more robust discussion on the goals in the future is warranted, specifically in terms of clarifying what the Board wants its goals to be and what the Town Manager’s areas of focus should be. Mr. Lucente said he sees the goals as a living document that the Selectmen should have regular discussions about throughout the year. Mr. Lucente and Ms. Barry said they will continue to work with Mr. Malloy on a plan for how to achieve balance and how to accomplish the goals. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the annual performance review with non-substantive edits for the period October 1, 2018 - September 30, 2019 for Mr. Malloy, Town Manager. 6. Dissolve Committees: Ad Hoc Crematory Study Committee; Energy Conservation Committee Mr. Lucente stated the work of the Ad Hoc Crematory Study Committee has concluded. In addition, The Energy Conservation Committee has not met in some time and matters have been taken up by the Sustainable Lexington Committee. All materials related to the work of the two committees will be provided to the Clerk's Office to be archived. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to dissolve the Ad Hoc Crematory Study Committee and the Energy Conservation Committee. 7. Update on Proposed Board of Selectmen Proclamation Guidelines and Procedures At their August 5, 2019 meeting, the Board of Selectmen approved the proposed Guidelines and Procedures for Proclamation Requests for implementation, upon review of Town Counsel. Town Counsel has recommended amendments and the proposed Guidelines have been modified with minor edits. A sample proclamation has been created for implementation and posting to the Town website. Mr. Sandeen suggested elimination of the word “non-profit” from the Guidelines, so that organizations of all kinds can be eligible to receive a proclamation. He also suggested a change in phrasing (to “at the Board’s sole discretion”) that would increase the Board’s latitude. Board members had no objections to either of Mr. Sandeen’s suggestions. Ms. Hai added that might be prudent to add language about the length limit of a proclamation. 5 Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Guidelines and Procedures for Proclamation Requests as edited. 8. Legal Services Request for Proposal Mr. Malloy stated there have been a suggestion from a member of the Appropriations Committee that the Town should consider hiring an in-house Town Counsel due to costs. Mr. Malloy has had some experience with in-house Town Counsel in previous positions and does not recommend this course since the need for specialties is too great due to the broad range of legal needs of municipal government. As an alternative, it would be appropriate to review Town Counsel and to have a discussion about whether the Board is interested in obtaining proposals from other law firms that provide municipal legal services. Mr. Malloy suggested if the Board is interested in pursuing this course of action, it may wish to establish a sub-committee of two Selectmen to work with the Town Manager to development of an RFP (to come back to the Board) and to conduct preliminary interviews and present finalists to the Board. The Board supported the development of an RFP for both Town Counsel and Labor Counsel; it did not support hiring an in-house Counsel. 9. Update on Selectmen Fees Survey & Recommendation for New Fees Mr. Malloy provided, by Board request, a fee survey and additional information about fees charged by comparable communities (Arlington, Bedford, Brookline, Concord, Billerica, Lincoln, Watertown, Waltham, Woburn, Winchester, Burlington, Belmont, Natick, Needham, Andover and Westford). Also, included was information about the number of responses for each type of permit, the mean median, low and high, our current fee, and a recommendation on a revised fee, as well as whether the fee requires Town Meeting approval. Mr. Malloy asked the Board to provide direction on whether to place an article on the Town Meeting warrant pertaining to fees and whether to adopt MGL Ch. 40, §22F, which authorizes fees as determined by Boards and Committees, subject to the review and approval by the appointing authority. The adoption of MGL Ch. 40 will appear on another meeting agenda so that it can be worded appropriately to the topic. Mr. Malloy will supply a list of committees and boards that this fee proposal would apply to. The Board generally supported adoption of MGL Ch. 40. It also supported small fee increases as opposed to large jumps. Annual License Renewals Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the license renewals as listed: ALL ALCOHOLIC BEVERAGES COMMON VICTUALLER Clay Oven Indian Restaurant Abbott's Frozen Custard Dabin Restaurant Aloft Lexington Sanyo Alexanders 6 Via Lago Avenue Deli Beijing Chinese Dining ALL ALCOHOLIC/INNHOLDER Bertucci's Brick Oven Ristorante Aloft Bollywood Element Clay Oven Indian Restaurant Dabin Restaurant WINE AND MALT Daikanyama Japanese Cuisine Daikanyama Dunkin Donuts (10 Woburn Street) Taipei Goumet Dunkin Donuts (141 Mass. Ave) Mario's Dunkin Donuts (277 Bedford Street) Dunkin Donuts (323 Marrett Road) RETAIL PACKAGE GOODS STORE Element Lexington Berman's Fruitee Yogurt Great Harvest Bread ALL ALCOHOLIC CLUB Il Casale Lexington Golf Club Inn at Hastings Park Knights of Columbus Ixtapa Cantina Mexican Lexington Elks Knights of Columbus Lexington Elks ENTERTAINMENT Lexington Golf Club Aloft Lexington Love at First Bite (Lemon Grass) Beijing Chinese Dining Mario's Italian Restaurant Bertucci's McDonald's Bollywood Nick's Place Clay Oven Indian Restaurant Peet's Coffee & Tea Element Lexington Qdoba Mexican Il Casale Quality Inn & Suites Inn at Hastings Park Rancatore Ice Cream Love at First Bite (Lemon Grass) Royal India Bistro Sanyo (Yangtze River) Sanyo (Yangtze) Via Lago Taipei Gourmet Tres Petite Creperie Via Lago Wicked Bagel LODGING COIN Aloft Lexington Lexington Elks Element Lexington Lexington Elks Inn at Hastings Park Lexington Post VFW Quality Inn and Suites Lexington Post VFW CLASS II CLASS I A to Z Auto Wholesale Lexington Toyota, Inc. Auto & Diesel Sales Autoengineering CLASS III Lexington Auto Center, Inc. John P. Carroll Company, Inc Lexington Auto Sales Lexington Auto Service, Inc. Mabuchi Motorcars Minutemen Auto Haus COMMON CARRIER M&L Transit Systems, Inc. 160 M&L Transit Systems, Inc. 161 M&L Transit Systems, Inc. 162 M&L Transit Systems, Inc. 163 7 10. Town Manager Appointment & Reappointment Ms. Hai said she was pleased to see a new appointee. Mr. Pato said that committee openings needs to be well-advertised to make sure all residents know there are opportunities to volunteer. Mr. Lucente noted that Mr. Pato and Ms. Hai have been working to establish a solid platform to advertise committee vacancies. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town Manager's appointment of Ms. Holly Samuel to the Conservation Commission effective immediately to expire March 31, 2020.and the reappointment of Mr. Michael Martignetti to the Commission on Disability expire October 30, 2022. 12. Selectmen Committee Appointment Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Dr. Jillian Tung to the Lexington Council for the Arts with a term expiration date of September 30, 2022. CONSENT AGENDA 1. Approve and Sign Eagle Scout Commendation Letter - Jacob Milendorf Motion to approve and sign a letter of commendation congratulating Jacob Milendorf for attaining the highest rank of Eagle in Boy Scouting. 2. Water and Sewer Commitments and Adjustments Motion to approve the above Water & Sewer Commitments & Adjustments: Water & Sewer Commitment Section 1 $2,315,010.44 Water & Sewer Commitment Section 2 $2,532,583.10 Water & Sewer Commitment Sept Cycle 9 $342,595.19 Water & Sewer Commitment Oct Cycle 9 $322,794.05 Water & Sewer Commitment Sept Finals $8,342.45 Water & Sewer Commitment Oct Finals $14,298.15 Water & Sewer Adjustment -WSAB 10/10/19 $( 18,838.70) Upon a motion 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 5-0 to adjourn the meeting at 7:49 p.m. A true record; Attest: Kim Katzenback Executive Clerk Kim Siebert Recording Secretary 8