Advisory Committee Recommendations for Town Meeting May 13, 2019

Advisory Committee Recommendations for Annual Town Meeting: MAY 13, 2019

ARTICLE 4: Operating Budget Board of Selectmen

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 4: VARIOUS VOTES

The requested Town of Foxborough FY 2020 Total Operating Budget is $79.3 Million – of which $78.8 Million is Recommended by the Advisory Committee.

This is an increase of 3.5 Million or 4.6 %.

The Advisory Committee is concerned with the level of growth in Town government. The following is a summary breakdown of the increases over the last 5 years -

FY15 Budget vs. FY20 Request by Department:

The Advisory Committee's Recommendation for FY20 is based on 3 main concerns of the Committee:

1. Lack of Funding for Stabilization Fund (Rainy Day Fund) The Town will be voting to put $100,000 in our "rainy day" fund, while it is looking to spend over $79 Million. The Advisory Committee feels it is important to properly prepare for the economic future of the Town and believes more money should be placed in the Stabilization Fund.

At the end of the budget cycle, Town Management requested an additional $139,220 be spent on capital outlay. This request was not part of the initial budget and came after all presentations to the Advisory Committee by department heads had been made. These savings came from a lower than expected insurance premium, and the Committee felt these savings should be "banked" for future economic downturns, instead of spending the windfall.

2. Additional Employees Impact on Pension and Health Care Our unfunded liability for pension and health care grows every year. The pension budget grows at a rate of 10% per year, while health care grows at 8%. In 2001, pension and insurance made up 9% of the budget. Today, pension and insurance makes up 18% of the budget, which is driven by increase in staff and is unsustainable. Education is being squeezed and now reflects 46% of the budget where it was once 57%. Over the last 4 years, we have increased the number of Town employees by 23. This year's request is for an additional 6 Town employees. Other towns like Sharon and Walpole have decreased their workforce over the same period. The Advisory Committee has tried to limit the number of new positions; we have not recommended any cuts in existing staff.

3. Sustainability of 4% Pay Raises Town employees have received 4% pay raises each year over the last four years. While it is important that our employees are appropriately compensated, it is also vital that we live within our means. The Town will need to collect $3 Million in additional revenue from taxes and user fees for FY'21 to keep pace with salary pay raises of 4% plus pension and health care costs.

Below is a chart containing the salary increases by department over 5 years from FY15 to FY20.

SALARY INCREASES FROM 2015 TO 2020 BY DEPARTMENT

ARTICLE 5: CIP Budget Board of Selectmen

THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 5: VOTE OF 7-2-0

The Advisory Committee recommends approval of the Capital Improvement Planning (CIP) budget request of $3,556,990 which was submitted by the CIP Committee of William Keegan (Town Manager), Amy Berdos (School Superintendent), Roger Hill (DPW Director), David Feldman (Board of Selectmen) and Sue Dring (Advisory Committee Chairman).

The CIP committee meets and reviews spending requests from various town departments that meet the criteria of non-recurring tangible assets with a value of greater than $25,000 and a lifespan of greater than 5 years. The CIP Committee forwarded to the Advisory Committee a
recommendation of $3,556,990 for review and approval.

Town Common Electrical Upgrades

The total amount of the FY20’ CIP Budget request is $3,556,990.

ARTICLE 6: Fire Contract Board of Selectmen

THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 6: VOTE OF 9-0-0

The Foxborough Permanent Firefighters Association members, Local 2252, have negotiated a new contract with Town Management for fiscal years 2019 and fiscal years 2020-2022 in collective bargaining agreement. This article is for the settlement of that contract at Town Meeting.

The associated costs for the settlement include the amount of $53,670, to be paid retroactively, for a contract modification for the fiscal year 2019 contract to include a 2% cost of living adjustment (COLA) effective July 1, 2018 and ending June 30, 2019.

A separate section of the contract begins July 1, 2019 and covers fiscal years 2020-2022. In exchange for tuition reimbursement and other negotiations, a cost of living adjustment (COLA) in wages of 2% effective July 1, 2019, 2% on July 1, 2020 and 2% on July 1 2021 are included. The dollar amount of $153,889 is the amount reflected in the fiscal year 2020 budget.

Included in the new contract are three new “salary steps”. Effective July 1, 2019, employees with more than 5 years of full time service with the Foxborough Fire Department will see a 2% step increase. Effective July 1, 2020, a 2% step increase for employees with 10 years of full time service with the Foxborough Fire Department will take effect. Effective July 1, 2021, a 1% step increase for employees with 15 years of full-time service with the Foxborough Fire Department will see the increased step.

The total request for the purposes of this article is $207,559.

ARTICLE 7: Dispatch Contract Board of Selectmen

THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 7: VOTE OF 9-0-0

This article is intended to fund the local dispatch team contract for the existing nine dispatch employees through July 1st, when this department will be put out of service as the town moves to the central dispatch program. This fully ratified contract includes a total bonus of $22.5K, or $2.5K per employee, as an incentive to continue in their role until the central dispatch team takes over the dispatch function. The Advisory Committee voted in favor of approving this article (8 in Favor; 0 Opposed; 1 Abstain) to ensure dispatch continuity during the transition.

ARTICLE 8: Library Contract Board of Selectmen

THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 8: VOTE OF 7-0-2

The purpose of this article is to fund The Boyden Library Employees Association contract.

Library employees will receive a Cost of Living (COLA) adjustment of 2% and step increase of 2%. This results in retroactive pay for Fiscal Year 2019 of $23,095. For Fiscal Year 2020, the amount of $47,114 is required to fund the contracted pay increases. All employees will receive a one-time payment of $500 for Fiscal Year 2019. This one-time payment was negotiated in response to the addition of an Employee Evaluation Plan being added to the contract.

The Boyden Library and its staff has, and continues to offer the Town of Foxborough a high level of programs and services.

ARTICLE 9: Revolving Funds Annual Spending Limits Town Manager ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 9: VOTE OF 6-0-0

The purpose of this article is to authorize the annual spending limits for the Town’s four revolving funds. The proposed total for the four funds is $575K, split between $375,000 (Recreation), $100,000 (Police and Fire Apparatus Utilization), $40,000 (Highway Department), and $60,000 (Council on Aging Senior Trips & Programs).

Revolving fund revenues are sourced from users and/or participants of the services provided by each fund’s board or department, and funds are prohibited from running deficits. With these controls in place the Advisory Committee was comfortable with the spending limits as written in the proposed article.

ARTICLE 10: Fund Qualified OPEB Trust Town Manager

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 10: VOTE OF 6-0-0

This article was presented by Town Manager, Bill Keegan, to AdCom on February 13, 2019. It was reviewed, evaluated, and unanimously approved by AdCom on March 20, 2019.

The purpose of this article is for the Town of Foxborough to continue with its annual practice of funding the Other Post-Employment Benefits (OPEB) Liability Trust Fund.

In Foxborough and other Massachusetts municipalities, the two primary unfunded liabilities are for:

a) Pension Benefits and

b) OPEB -- which is dedicated for retiree health benefits.

As per the voted policy of the Board of Selectmen on November 8th, 2011, the Meals-Tax Receipts have been designated to be a dedicated annual funding source for the OPEB liability – and Water & Sewer receipts also fund their operations share of the OPEB liability.

The Advisory Committee recommends approval of this annual funding of the liability. For fiscal 2020, this transfer is in the amount of $964,069 with $900,000 coming from the Meals Tax, $51,256 from Water Enterprise Receipts, and $12,813 from Sewer Enterprise Receipts. These are the same funding amounts that were approved for fiscal 2019 at the May 14th, 2018 Town Meeting.

ARTICLE 11: Fund Stabilization Board of Selectmen ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 11: VOTE OF 6-0-0

Stabilization is at the very heart of our overall financial health as a community. It is essentially our rainy day fund and a “reserve” so we can weather the financial uncertainties a town may face. It also buffers against a potential tax override and employee job loss.

In order to keep our AAA rating for financing and other benefits, we need to maintain 5% of our overall budget in Stabilization. The majority of Advisory Committee believes that now is the time we should be funding this as much as possible as there is no limit on how much we could put away, just how little. Many other communities make Stabilization a priority and we should as well.

The question this year is why that in the best economic times in over a decade and property values and taxation being at a high level we can’t “bank” more money? If not this year then how will it be possible in the future in any type of economic correction?

Representing only 0.12% of the overall budget of over 79 Million Dollars, the total request to fund the Stabilization is just $100,000.

ARTICLE 12: Unpaid Bills Finance Director

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 12: VOTE OF 6-0-0

The purpose of this article is to see if the Town of Foxborough will vote to raise and appropriate and/or transfer from available funds a sum of money for the payment of certain bills. More specifically, the Town seeks to pay $52,056.31 for prior year bills. The Town has funding for this in the current 2019 fiscal year Free Cash given $400K was put aside.

Given need to fund $100K to CIP Stabilization with the $400K, between this and the Unpaid Bills, this will leave approximately $250K for contract settlements for fiscal 2019 and prior. In Summary:

· 400K = Put aside in Free Cash in current 2019 fiscal year

· (52K) = payment of prior year bills

· (100K) = CIP Stabilization funding

· (248K) = contract settlements for fiscal 2019 and prior

Note: This article was approved by the Advisory Committee with the adoption of $52,056.31 as the dollar amount related to the article.

ARTICLE 13: Burrell School Building Borrowing Authorization Board of Selectmen

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 13: VOTE OF 6-0-0

The purpose of this article is to correct an error in the October 1, 2018 Special Town Meeting warrant on the total dollar amount that should have been approved for funding. This article is not changing the budget or the original requested amount for the Burrell School project. The Town under the Massachusetts School Building Authority (MSBA) is required to fund the full amount of the total project of $34,671,567. Last October, the Town funded $34,607,567 which was $64,000 short.

The MSBA grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA. Any cost the Town incurs in connection with the Burrell School project in excess of the grant approved by and received from the MSBA shall be the sole responsibility of the Town. The MSBA has approved a 56.01% reimbursement rate of the eligible cost for this project based on the Total Project Budget amount.

The Advisory Committee recommended the approval of this Article. Failure to do so would result in the MSBA funding being reduced by the said amount.

ARTICLE 14: Parking By-Law Commission on Disability

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 14: VOTE OF 9-0-0

The purpose of this article to delete the old Chapter 175 Parking By-Law and replace it with a new Parking By-Law with four new subsections to enhance and improve on the enforcement.

The new By-Law will replace “Disabled” with “Accessible” to align with Massachusetts General Laws. Also, the fee will increase from $200 to $300 for Accessible parking violations and unauthorized use of the placards. The article also requires proper display of Disabled Persons Parking Identification placards. The penalty for improper display of a placard is $20. All funds received from fines assessed for accessible parking violations shall be allocated to the Foxborough Commission on Disabilities.

This article also clarified the Winter Parking Ban penalty at $50.

All the violations are enforced by noncriminal disposition pursuant to MGL c.40, Section 21D instead of a criminal proceedings. The Advisory Committee supports the changes to Parking By-Law.

ARTICLE 15: Amend Sign By-Law Misc. Provisions Board of Selectmen

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 15: VOTE OF 9-0-0

The purpose of this article is to amend the Sign By-Law in the following ways:

1. Currently, electronic message boards are limited to public service information. This article will remove that restriction.

2. Removing the requirement that electronic signs be subsidiary to a primary sign.

3. Replacement of an existing sign shall be considered a new sign and subject to any permit or special permit requirements.

4. Enlarging or structurally altering a sign shall be considered a new sign and subject to any permit or special permit requirements.

5. Alterations to signs shall be subject to review

6. Permit application shall be acted on within 30 days of filling

7. Time to file an appeal changes from 60 days to 30 days

8. Sign permits cannot be transferred

The Advisory Committee discussed if these changes to the Sign By-Law will produce more electronic signs and adversely affect the character of the Town. The Committee approved this article because it gives the Building Inspector more "teeth" to enforce the Sign By-Law.

ARTICLE 16: Amend Sign By-Law Electronic/Digital Billboard Provisions Board of Selectmen

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 16: VOTE OF 7-2-0

The purpose of this article is to amend the current by-laws to allow Electronic/Digital Billboards along Route 1 under specific conditions. An electronic billboard is defined as a billboard which is digitally or electronically projected, which shall not contain moving content or video, and which shall not change images more than once every ten seconds. The amendment would not allow an electronic billboard within 1,000 foot radius of another such electronic billboard or within 500 feet of a static billboard. A further condition is that the Board of Appeals shall only grant an electronic billboard permit (either new or conversion of static billboard) if an executed mitigation agreement between the applicant and the Board of Selectman is negotiated.

ARTICLE 17: Citizen’s Petition – Amend Sign By-Law Robert Hickey

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 17: VOTE OF 6-0-0

This article is intended to allow electronic signage for a specific use and by a specific type of organization. The signage would also be subject to any and all restrictions associated with the sign district in which it would be located, and would require a special permit issued by the Zoning Board. In effect, this amendment to the existing Signs Bylaw would allow the Marilyn Rodman Performing Arts Center on the town common to replace their existing sign with an electronic sign utilizing LED lighting technology. The Advisory Committee voted in favor of approving this article (6 in Favor; 0 Opposed; 0 Abstain) to allow for safe and efficient promotion of local cultural and artistic events.

ARTICLE 18: Misc. Zoning Planning Board

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 18: VOTE OF 8-0-0

Article 18 changes the Zoning By-law as follows:

1. Deletes the reference to Planned Development in the S-1 District. A Planned Development Area (PDA) is an overlay zoning district that establishes special zoning controls for large or complex projects. The Planned Development concept was removed from the S-1 District (Route One) last spring. This removes the reference to Planned Development from a table that still contains "Planned Development".

2. Deletes the reference to Planned Development in the Notes to Table 4-2.

3. Gives a number to a paragraph already contained in the Zoning By-Law.

4. Deletes the following requirement:

Within Zone III of the WRPOD, single-/two-family residential lots shall contain a minimum of 40,000 square feet, unless the dwelling is connected to a sewer line, then the requirements of Table 4-1 of these bylaws shall apply.

This requirement is in the By-Law to limit building in the Water Resource Protection Overlay District. The requirement is being removed.

ARTICLE 19: Amendments to Table of Uses Planning Board

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 19: VOTE OF 9-0-0

This article will change the Table of Land Uses in the Zoning By-Law as follows:

1. Adds: assembly and fabrication to the uses allowed. Adds "accessory and incidental sale on such premises of such materials, products, wares and beverages". This change will allow for a business to produce and sell its product on site.
2. Deletes "arcade uses" from section C.5 of the table. Arcade uses are mentioned later in the table under M.
3. Changes Registered Marijuana Dispensary to Register Medical Marijuana Dispensary.
4. Adds "where such sales activities are accessory to a use that is permitted under this bylaw". This change prevents used cars being sold in conjunction with another business.

ARTICLE 20: Amendments to Retail Use Language Board of Selectmen

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 20: VOTE OF 6-0-0

This article is essentially to clarify and to simplify the wording by replacing the term “Mercantile/Retail” with the term “Retail Uses” – so that it may be better understood by everyone.

Everything else in this article was already voted on and approved last fiscal year.

ARTICLE 21: Amendments to As-Built Plans Planning Board

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 21: VOTE OF 6-0-0

The purpose of the article is to amend Chapter 275 Zoning Section 10.5 by adding a new subsection 12. This article will also amend other Zoning sections that are redundant or inconsistent with the new subsection, including the renumbering of the sections to account for the new subsections.

The As-Built Plan shall be submitted to the Planning Board and shall bear the stamp and signature of a Registered Land Surveyor and a Registered Professional Civil Engineer. A certification is also required that all construction has been completed in accordance with the approved Site Plan or, if it is not, a listing of any deviations.

This article will also amend the Section 10.4 “Special Permit” by adding a new subsection for As-Built Plan. When a Site Plan is required, an as-built plan shall be submitted prior to the release of performance guarantee or issuance of a full Certificate of Occupancy.

The Advisory Committee recommended the approval of this Article as this will ensure that the Builder is building the structure as stated in the Plan. It will also benefit the Town when it comes to drainage and septic related issue as an engineer certification is needed.

ARTICLE 22: Accept Shea Lane as a Public Way Planning Board

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 22: VOTE OF 9-0-0

The purpose of this article is to see if the Town will accept Shea Lane as a public way. Street acceptance requests are initiated by the developer then approved by the Planning Board if all obligations are met. These obligations include sufficient width, suitable grades, adequate construction and installation of municipal services. If this article is approved, the Town will be responsible for maintenance of the roadway and all related infrastructure.

ARTICLE 23: Water System Improvements Water Department

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 23: VOTE OF 8-0-0

The purpose of this article is to ask the town to appropriate eleven million dollars ($11,000,000) for the purpose of water system improvements, including testing, engineering, design, specifications, contracts, permitting, construction, and administration costs. Improvements include installing water mains from Sprague Road to Witch Pond Treatment Plant and along North Street from Beach Street to Ashcroft Road. Also, wells 5,6 and 7 at Sprague Road and wells 9 and 10 at Lamson Road will be reconstructed. The Town Treasurer with approval of the Board of Selectman would borrow $11,000,000 with intent that the principle and interest payments shall be paid out of water revenues.

ARTICLE 24: Amend Sewer Service Area Map Water and Sewer Department

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 24: VOTE OF 6-0-0

The purpose of this article is to incorporate the 12 parcels listed in the article into the Sewer Service Area Map and to amend the Sewer Service Area Map accordingly. This Article is presented in accordance with the authority of the Water and Sewer Commissioners to adopt rules and regulations for amending the Sewer Service Area Map annually by vote of Town Meeting. Acceptance of this article will permit these addresses to tie into the Town sewer system with all costs to be borne by the parcel owner.

ARTICLE 25: Modification of Zone II Aquifer Protection Map Water Department ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 25: VOTE OF 6-0-0

The purpose of this article is to see if the Town will accept a revision to the Zone II Boundary in the Water Resource Protection Overlay District (WRPOD).

Due to the new well project on Pumping Station Road, a new Zone 2 map, using USGS soil mapping methodologies, was drafted and subsequently approved during Special Town Meeting on October 1, 2018. Zone 2 areas, by definition, contribute water to the wells. It is critical that the WRPOD Zone definition map remain accurate to ensure water resources are adequately protected in town.

The water department sent notifications to all property owners affected by this change. A subset of those notified questioned how their properties ended up in Zone 2 and requested the Water Department conduct soil tests to confirm the USGS soil mapping scheme was correct. The Water Department did some ground water sampling and well testing. The result of this testing was a determination that the underground water flows in different direction than USGS soil map showed. The requested modification of the map will result in 3 residentially zoned and 3 limited industrial properties coming out of the Zone 2 classification. Those properties will no longer be part of the overlay district.

There was significant discussion with consideration and concern for property owners in the revised Zone II area. As previously mentioned, the Water Department sent notifications to all owners affected by this zoning change. It was made clear to the Advisory Committee that all current activities conducted within the revised Zone II area are grandfathered in, and can continue without incident. All future changes must adhere to the bylaw.

ARTICLE 26: Adult Only Retail Tobacco Store Planning Board for Board of Health

ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 26: VOTE OF 9-0-0

The purpose of this article is to provide a definition for an Adult-Only Retail Tobacco Store and restrict such establishments from the town center in the zoning code to Use Group D. The definition only applies to retail stores whose primary purpose is to sell tobacco products and paraphernalia and restricts access only to adults who are above the minimum legal sales age. The Planning Board for Board of Health is utilizing this provision to ensure that the town center and surrounding areas maintain their current character.