Loading...
HomeMy WebLinkAbout2021-07-12 SB-min Select Board Meeting July 12, 2021 A remote participation meeting of the Lexington Select Board was called to order at 7:05 PM. on Monday, July 12, 2021 via Zoom remote meeting services. Select Board Chair Ms. Hai; Vice Chair Mr. Lucente; and members Mr. Pato; Ms. Barry; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Ms. Hai stated that the meeting was being conducted via zoom as posted with the agenda on the Town’s website, noting that some members and staff were participating from the Select Board meeting room using the Meeting Owl Pro device to test the technology for hybrid meeting participation. Ms. Hai provided directions to members of the public, watching/listening via the Zoom application, regarding the procedure for making a public comment. Ms. Hai reminded Board members, staff, and members of the public about Lexington’s Standard of Conduct regarding civil discourse during Town Government meetings. PUBLIC COMMENT: Bob Pressman, 22 Locust Avenue, expressed his objection to limiting each within-agenda public comment to 2 minutes, rather than to the previously allowed 3 minutes. He also expressed concern with elements of the June 28, 2021 Select Board meeting discussion regarding the potential creation of a new Historic District, “Mount Independence”. Mr. Pressman noted that the number of public comments in support of the new district left an impression that there is no substantive counterpoint of view, such as potential public benefits the proposed development might provide or how historic district restrictions generally diminish opportunities for affordable housing and population diversity. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS The Board agreed to continue to submit written Select Board concerns and liaison reports for inclusion in the meeting packets. It was noted that Board members can also comment at the time of the meeting with any additional information. th Ms. Barry congratulated Sal Frelick, a 2018 Lexington High graduate, for being the 15 pick in the Major League Baseball draft. Mr. Frelick will play for the Milwaukee Brewers. ACTION: Continue to pilot sharing of comments and concerns in written form. DOCUMENTS: Select Board Member Concerns and Liaison Reports—July 12, 2021 TOWN MANAGER REPORT  There have been no new Covid-19 cases reported in Lexington for the last three weeks. Over 87% of residents over the age of 12 are fully-vaccinated and another 8% have had one dose.  The plan to open Town Buildings to the public on July 15, 2021 is on track.  The Fiscal Policy and Guidelines Working Group meetings have been productive. Mr. Malloy stated that the group will be able to propose a new revenue plan for the Capital Stabilization Fund plus a recommendation on how to approach OPEB funding going forward. 1 CONSENT AGENDA Ms. Barry asked that Consent Agenda item # 4 be removed to discuss an edit. Ms. Hai deferred that item for discussion following a vote on the remaining Consent Agenda items, numbers 1,2,3,5,6. 1. Applications: Change of DBA—Kalaji Corporation d/b/a Crust & Curry, 321 Marrett Road: Common Victualer License and Entertainment License To approve the Kalaji Corporation's request for a change of D/B/A and to amend the 2021 Common Victualler License and 2021 Entertainment License to Kalaji Corporation d/b/a Crust & Curry, 321 Marrett Road. DOCUMENTS: Business Certificate—Kalaji Corporation d/b/a Crust & Curry; Email Request from CPA for Kalaji Corporation 2. Application: Entertainment License—Lexington Farmer’s Market, Worthen Road Practice Field To approve an Entertainment License for the Lexington Farmers' Market, Worthen Road Practice Field, for the purpose of providing live musical performances for patrons of the market to take place every Tuesday from July 13, 2021 through October 26, 2021 from 2:00pm to 6:30pm in the back corner of the field away from Worthen Road DOCUMENTS: Lexington Farmers’ Market—Overview of Request & Map for Entertainment License 3. Select Board Committee Appointment and Resignations To accept the resignation of Ira Goldman from the Massport Community Advisory Committee as the Lexington Representative effective immediately. To accept the resignation of Matt Daggett from the Special Permit Residential Development (SPRD) Zoning Bylaw Amendment Ad Hoc Committee effective immediately. To appoint Wendy Manz as a member to the Special Permit Residential Development (SPRD) Zoning Bylaw Amendment Ad Hoc Committee for a term set to expire upon the end of the Town Meeting session at which a proposed Bylaw is considered. DOCUMENTS: Resignation Letter –I. Goldman; Resignation Letter—M. Daggett; 2021 SPRD Zoning BYLAW Amendment Ad Hoc Committee Application—W. Manz. 5. Water and Sewer Adjustments To approve adjustments of Water & Sewer charges as recommended by WSAB on June 10, 2021 in the amount of ($ 19,829.50) DOCUMENTS: WSAB 6-10—21 Adjustments 6. Approve June 28, 2021 Meeting Minutes To approve and release the Select Board Meeting minutes of June 28, 2021 DOCUMENTS: DRAFT Select Board Meeting Minutes— June 28, 2021 2 VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve items 1,2,3,5,6 of the Consent Agenda. Ms. Hai stated the Board will now discuss item 4 which was removed from the consent agenda. 4. Vote Remote Work Policy for Select Board Office Staff Ms. Barry asked that the date of adoption of the Town of Lexington Remote Work Policy be inserted into the Select Board Policy. Mr. Pato asked that a clause to provide flexibility be included for the Select Board Remote Work Policy to always refer to the most current Town of Lexington Remote Work Policy. The motion to adopt the policy was therefore revised to read: “The Select Board Remote Work Policy shall be the same as the Town of Lexington Remote Work Policy a dopted on May 10, 2021, or the same as Town of Lexington Remote work Policy that may be amended from time to time thereafter, with the following changes to reflect the reporting structure of Select Board Staff: 1) References to Department Head, Supervisor, Senior Manager, Deputy Town Manager or the Town Manager shall be deemed to refer to the Chair of the Select Board. 2) All requests for a remote work agreement shall be initiated by the employee. 3) No positions are identified as eligible for remote work without review by the Chair of the Select Board.” VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to adopt the Select Board Remote Work Policy as revised. DOCUMENTS: Select Board Staff Remote Work Policy; Town of Lexington Remote Work Policy ITEMS FOR INDIVIDUAL CONSIDERATION 1. Fiscal Year 2021 Year-End Budget Adjustments Ms. Kosnoff identified three categories for fiscal year-end adjustment: Salary; End-of-Year Transfer; and Revolving Fund increase. VOTE: Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 by roll call to approve and authorize the Chair to sign the two end-of-year budget transfers, two salary adjustment transfers, and one Revolving Fund authorization increase as follows: Department Salary Adj. EOY Transfer Rev. Fund Total Public Works $371,865.00 $112,530.00 $80,000.00 $564,395.00 - Fire $132,322.00 $58,000.00 $190,322.00 . 0 DOCUMENTS: FY2021 Year-End Budget Adjustments 000 3 2. Review and Approve Fleet Electrification Policy Stella Carr, Sustainability Director, stated she was requesting Select Board feedback and approval for the edited Fleet Electrification Policy. She stated that Sustainable Lexington voted the policy after offering revisions to an earlier draft. Mr. Pato said he is willing to adopt the policy as revised but hopes to refine it in the future to include the sub-contracted School Bus fleet as well as an expression of general preference for hiring other sub- contractors (such as Lexpress and the Liberty Ride) that use electric vehicle fleets. Ms. Hai said she would like there to be definable measurement of what “fiscal feasibility” and “practicality” mean. Ms. Barry asked whether the policy also applies to the School Department vehicles used by the Schools and further whether Public Facilities’ vehicles, a shared department between Municipal and Schools, is also included. Ms. Carr said School Department’s vehicles are all contracted, not owned. Ms. Barry noted that the policy as it reads includes “an inventory of all vehicles owned, leased, leased and operated by the town or on behalf of the town”, which would presumably include contracted vehicles. Ms. Barry feels the impact of this policy would be stronger if the School Committee also adopted it, as was the case with the Integrated Building Design Policy. Mr. Sandeen recommended deleting the enumeration of different vehicles inthe definition section as it potentially conflicts with a later enumeration of vehicles in the policy. He agreed with Mr. Pato that the policy should cover contracted vehicles. He felt that the Town should take responsibility for all vehicles operated on behalf of of the Town. Mr. Sandeen said he would also welcome School Committee approval of the policy. He asked that the reference to grant funding be expanded to include rebates and incentives He also recommended that the fleet electrification plan include a plan for electric vehicle charging infrastructure. Mr. Lucente said he would like to review the policy again once suggested revisions have been made. Ms. Hai concurred. Mr. Malloy recommended that the Select Board request the School Committee to consider approval of a similar policy rather than waiting for joint approval of this particular policy. He also noted that the financial feasibility issue will need further discussion to determine at what tipping point price becomes too prohibitive to justify in the trade-off between sustainability goals and expense. Ms. Hai said she believes including such a metric in the policy would be helpful. Mr. Sandeen said the cost of electric vehicle charging infrastructure should be part of life-cycle estimations. Mr. Pato agreed life-cycle considerations should be included and he also believes the financial feasibility threshold will change over time so the policy should reference a metric to be developed. ACTION ITEMS: Public comments on this item can be submitted by email to the Select Board office; revisions referenced above will be made to the policy which will come back to Select Board for a vote at a later meeting. DOCUMENTS: Proposed Fleet Electrification Policy 4 3. Update From Planning Board on Fiscal Year 2022 Work Plan for Consideration of Fall Town Meeting Charles Hornig, Planning Board Chair, presented the Planning Board work plan for the next few years that includes 24 initiatives: 1) The Comprehensive Plan update (high priority); 2) Zoning Bylaw and Map: 475 Bedford Street landowner petition (medium priority); 3) Zoning Bylaw and Map: East Lexington (medium priority); 4) Zoning Bylaw and Map: Center Business District (medium priority); 5) Zoning Bylaw and Map: Small Commercial Districts (low priority); 6) Zoning Bylaw and Map: Forbes Road+ TMO-2 (low priority); 7) Zoning Bylaw and Map: Spring Street + TMO-3 (low priority); 8) Zoning Bylaw: MBTA Community Requirement via 40R/Mixed Use/Multi-family (high priority); 9) Zoning Bylaw: Missing Middle Residential (high priority); 10) Zoning Bylaw: Open Space Residential Development (OSRD) (medium priority); 11) Zoning Bylaw: Parking; residential (medium priority); 12) Zoning Bylaw: Special Permit Residential Development (SPRD) (medium priority); 13) Zoning Bylaw: Diversity, Equity, Inclusion (DEI) (high priority); 14) Zoning Bylaw: Small-scale Solar Energy: (low priority); 15) Zoning Bylaw: Special Permit Criteria (medium priority); 16) Zoning Bylaw: Walls (low priority); 17) Table of Uses (low priority); 18) Zoning Bylaw: Commercial Signs (medium priority); 19) Planning Board Regulations: Landscape and Sustainability (high priority); 20) Planning Board Regulations: Site Plan Review (high priority); 21) Transportation: 25% design for Hartwell Avenue/Bedford Street Corridor Improvement Project (high priority); 22) Transportation TMO-1 Hartwell Area TMO Plan (high priority); 23) Transportation: TMO-2 District Plan Forbes Road (low priority); 24) Transportation: TMO-3 District Plan Spring Street/Hayden Avenue (low priority). Ms. Hai said, given the list of high priority items, there could either be a long list of zoning items on the Annual Town Meeting 2022 warrant or the Board could instead consider calling a Special Town Meeting in the fall of 2021 largely driven by zoning articles. Mr. Hornig noted it is possible that not all seven of the high priority items will be ready for a Fall 2021 Town Meeting. Any zoning item on a Fall Special Town meeting warrant would require a public hearing in September or October. Ms. Barry said the Board and staff should have a robust discussion about what other matters besides zoning might be included in a Fall Special Town Meeting. Mr. Sandeen asked if commercial parking requirements, as well as the noted residential parking requirements (item #11), are also under reconsideration. Mr. Hornig said they are not being discussed at this time but he will take the feedback to the Planning Board. Mr. Sandeen asked what interaction the Planning Board would have with the Select Board about the high priority MBTA 40R Mixed Use/Multi-family initiative (item #8). Mr. Hornig said that the Department of Housing and Community Development (DHCD) has not given enough detail on this initiative yet; once it does, Lexington may require technical assistance from a consultant to draft bylaws or to guide a 5 feasibility study. If funds are required, the Planning Board would be in contact with the Town Manager and the Select Board. Mr. Sandeen asked if height is being discussed vis-à-vis commercial building standards. Mr. Hornig said wherever “intensity” in seen in the text, height is indicated. Mr. Lucente said, given the number of zoning items and the possibility of other articles being added, he believes a four-night Fall Special Town Meeting should be anticipated. Mr. Pato agreed that a Fall Special Town Meeting seems necessary. He voiced a concern that the expected follow-up seems to be missing to the 2021 Annual Town Meeting direction to send Article 45-- Amend Zoning Bylaw & Zoning Map -Hartwell Innovation Park back to the Planning Board for further consideration. Mr. Hornig stated that, given all the other attention being paid to Hartwell Avenue zoning, the Planning Board did not rank the specific actions called out in Article 45 to require independent attention but he will take Mr. Pato’s concerns back to the Planning Board. Mr. Sandeen seconded Mr. Pato’s concern about the need to address the Article 45 issues. Taylor Singh, 40 Hancock Street/ Precinct 6 Town Meeting Member/ad hoc Special Permit Residential Development Committee member, asked Mr. Hornig to repeat a statement he made earlier in his presentation about systemic racism and single-family housing. For the record, Mr. Hornig re-stated: “In response to increased community concern about systemic racism, we are discussing a major effort to dismantle aspects of Lexington’s 1924 exclusionary one family zoning. This effort to once again permit missing middle housing is modeled on efforts in Minneapolis and the state of Oregon.” Dawn McKenna, 9 Hancock Street/Precinct 6 Town Meeting Member, had concerns about the possible number of zoning articles that might be scheduled for a Fall Special Town Meeting, noting that zoning is complex, especially when taken on in multiples and over Zoom instead of at an in-person Town Meeting. Ricki Pappo, 16 Blossomcrest Road/Precinct 2 Town Meeting Member, agreed with Mr. Sandeen and Mr. Pato that it is important to address the deferred issues in Article 45 to achieve sustainability goals. She added that neglecting to return to these issues would be tantamount not keeping a promise. Ms. Hai agreed to the need to schedule a Fall Special Town Meeting ACTION ITEMS: Mr. Hornig will take Select Board and public feedback to the Planning Board for further discussion; the Board will further discuss holding a Special Town Meeting in the fall of 2021. DOCUMENTS: Presentation - Planning Board work plan 4. Review Request from Greenways Corridor Committee Regarding ACROSS Lexington Wayfinding Signs Keith Ohmart, Greenways Corridor Committee Chair, described the project as a series of overlapping maps that would cover the entire ACROSS Lexington route, allowing people to navigate without use of a cell phone app or paper map. The plan includes 16 signs, mounted on four-by-four posts, and measuring 14 X 18 inches. Mr. Ohmart stated the Greenways Corridor Committee received support from all of the relevant property managers: the Conservation Department; DPW; Public Facilities: Principals of the Bowman and Bridge schools; the Bicycle Advisory Committee; the Historic Districts Commission; and 6 the Tourism Committee. Once Select Board approval is achieved, sign installation could move ahead later this summer or early fall. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve the installation of across Lexington Wayfinding signs as proposed by the greenways corridor committee and the letter dated June 20. June 28 2021. DOCUMENTS: Wayfinding Sign Project—request letter, sample sign and location map 5. Discuss Charge for Ad Hoc Municipal Affordable Housing Trust Research Committee General Board discussion ensued regarding an Ad Hoc Municipal Affordable Housing Trust Research Committee. Mr. Lucente said he would like to broaden the wording so it does not single out racial equity but instead includes equity for all, such as those with disabilities. ACTION ITEMS: Board members will submit comments/feedback on the draft charge to Ms. Katzenback or Mr. Malloy. Ms. Hai will meet with Ms. Kowalski to revise the draft that will return to the Board for review. DOCUMENTS: Clean. Redline, Mark Sandeen Redline 6. Discovery Day Street Fair 2021 Request Eric Michelson, Lexington Retailers Association, provided the details of the request for an October 9, 2021 Discovery Day event that would take place from 10 a.m. to 3 p.m. on Massachusetts Avenue between Marion Street and Waltham Street, including the Visitors Center lawn and Emery Park. This is a long-standing event that normally occurs annually in the spring but was cancelled in 2020 and postponed in 2021 due to Covid-19. Mr. Pato said he supports the event but is not ready to approve the Beer Garden component unless the pandemic trajectory remains flat. He is willing to revisit the question closer to the date of the event. Ms. Hai noted that the various Town department approvals are all subject to change and adaptation. Mr. Michelson said he will come back to the Board to request approval of the beer garden and the necessary one-day liquor license at a later date. Dawn McKenna, Tourism Committee Chair, reported that the Visitors Center ribbon-cutting is scheduled for October 8, 2021. Ms. McKenna also asked that the pony rides slated for the Visitors Center lawn be kept to the area to the right of the building to avoid impeding access to the Buckman Tavern. Columbus Day weekend is traditionally a busy time for tourism. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve restricting vehicular access in the following areas for the 2021 discovery day street fair to be held on Saturday, October 9, 2021 from 6am to 5pm: Massachusetts Avenue from Waltham Street to Meriam Street (both sides); Muzzey Street from Massachusetts Avenue to the first private driveway; and Massachusetts Avenue North Side sidewalk from Edison way to Wall Street; And further move to approve parking a flatbed truck with a banner publicizing discovery day in the Lexington center on Massachusetts Avenue in two metered parking spaces in front of depot square, starting October 1 and ending at the conclusion of Discovery Day; 7 And further move to approve free parking in the central business district parking meters and not to charge for parking in the depot lot on Discovery Day. And all such approvals and locations are subject to modification as may be required by the Department of Public Works. The Department of Public Health public safety and or the town manager up to the time of the event. ACTION ITEMS: Approval for the beer garden and one-day liquor license will be sought at a date closer to the event. DOCUMENTS: 2021 Discovery Day Request 7. Application Class II License—Deluxe Auto LLC, 363 Massachusetts Avenue A special permit was approved by the Zoning Board of Appeals (ZBA) on June 24 and has been filed with the Town Clerk. No more than three vehicles are to be parked at the business location at any one time and all application requirements have been fulfilled. The license is for the calendar year 2021 and will expire on December 31, 2021. It was noted that this business is not associated with the nearby Toyota dealership. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve one Class Two license for Deluxe Auto LLC located at 363 Massachusetts Avenue Unit 201 for the purpose of used auto sales with an expiration date of December 31 2021. 8. Report on Community Feedback on Police Station Project and Policing in Lexington The Board heard a presentation by Mr. Lucente and Mr. Pato regarding findings gathered through community discussions about moving forward with the Police Station construction project. Mr. Lucente said the task had actually been twofold: 1) to explore community attitudes toward policing in Lexington and 2) whether there were significant underlying issues that would affect the Police Station design. Mr. Lucente said through these discussions, he and Mr. Pato gleaned 200 pages of comments and feedback from groups and individuals. Tonight’s presentation to the Board focused on the building design aspect of those conversations. The reason for this, Mr. Lucente said, was because the second area of feedback—attitudes toward Lexington policing—did not lead to a determination that the police station construction project should continue to be paused. The report/presentation on attitudes toward policing will take a longer time to sift through and will therefore be delivered at a later date. Mr. Lucente and Mr. Pato reported the community feedback covered a broad range of opinions including the sense that some people wanted the Police Station project to move forward more quickly and others wanted the project to be paused longer. Some of the building design-related comments touched on an expanded notion of how the Police collaborate with other Town departments, such as Human Services, as well a desire to generally support youth in the community. Comments also noted that the role of policing is likely to continue to evolve. The leading implication for building design was the desire to provide welcoming spaces where all members of the community feel comfortable and to provide spaces where community members have contact with Police that builds familiarity and trust. Mr. Pato said, however, that by and large, people 8 report that they feel the Police are helpful, professional, and responsive and that they appreciate the Department as an integral element of creating a sense of safety in the community. Mr. Lucente asked for guidance from the Board on how to present the 45 building design suggestions and how to deliver the public comments on policing. Ms. Hai expressed gratitude for Mr. Lucente’s and Mr. Pato’s efforts. She said she did not believe that the Police Station project needs to remain paused. However, she asked whether Mr. Lucente and Mr. Pato encountered sentiments similar to those reported by Carmen Ortiz \[of Town Counsel/Anderson Kreiger LLP\] in the diversity, equity, and inclusion audit which indicated less policing satisfaction within non- majority demographic groups. Mr. Pato said this is an example of the sometimes-unexpected responses he and Mr. Lucente encountered: not all comments about policing from individuals of non-majority groups were negative and not all comments from majority groups were positive. Ms. Barry thanked the members of the public that came forward, as well as Mr. Pato and Mr. Lucente for conducting the research saying the approach provides a new tool for the Select Board’s toolbox regarding how to engage with the public on important issues. She believes the Board and the Town Manager should receive the final report, preferably by the end of September. Ms. Barry said that the 45 building-related suggestions could be shared with the architect and/or building team and Mr. Pato and Mr. Lucente could provide a summary of that list for the Board. Mr. Lucente agreed, saying he anticipates he and Mr. Pato will be able to report to the Board on the policing element of the research by the end of August. Mr. Sandeen thanked Mr. Pato and Mr. Lucente for their long hours of effort. He stated he would like to read more detailed written reports on both the suggestions for the Police building as well as the future of policing suggestions that came out of the community conversations. Ms. Hai noted that the Board has already authorized a separate project through Human Services Committee to look at policing and mental health. Tom Shiple, Precinct 9 Town Meeting Member, encouraged the Board to publicly share the 45 building- related comments as well as the report on policing. Valerie Overton, 25 Emerson Gardens, also encouraged the Board to publicly share the reports, perhaps in conjunction with a presentation on the Human Services police mental health effort. ACTION ITEMS: Mr. Pato and Mr. Lucente will provide an analysis to the Board and staff by the end of August/early September about public comments regarding attitudes toward policing in Lexington Ms. Hai and Mr. Malloy will speak with Mr. Cronin and Police Chief McLean to determine what near-term Board meeting to bring back the Police headquarters building project for discussion and a vote. DOCUMENTS: Presentation—Community Feedback on Police Station Project and Policing in Lexington 9. Update from Town Manager on Police Policies Review Mr. Malloy noted that all of the recommended items with a May 31, 2021 deadline in Ms. Ortiz’s policy review have been completed and all but one of the items with a June 30, 2021 deadline have also been completed. 9 The one remaining item with a June 2021 deadline has to do with the policy for booking LGBTQIA+ individuals. Mr. Malloy said that when Lexington’s new Chief Equity Officer becomes acclimated to the new position, she will identify model policies to draw from in other communities. Mr. Malloy also noted that three of the four items to be accomplished by July 31, 2021 have also been completed. The remaining item regarding non-discriminatory job interview questions also awaits input from the Chief Equity Officer. Ms. Hai suggested that the due dates of the remaining items be adjusted to reflect a more realistic timeline for completion due to the arrival of the new Chief Equity Officer. Mr. Sandeen stated he is pleased to see the rapid progress on updating the Police policies and would like to hear an update at a future meeting on how these new policies are changing the behaviors the Town Manager is intending to influence. Valerie Overton, 25 Emerson Gardens, said it would be helpful to the public to understand what type of review will occur regarding the policy changes recommended by Ms. Ortiz. Ms. Overton added it would be helpful to check in with communities affected by the changes to gauge how effective the changes have been. Bob Pressman, 22 Locust Avenue, asked if the police keep track of which races receive citations and written warnings since a question about race is included on the citation form. Chief McLean said the Department conducts semi-annual and annual reviews of all written citations; information collected and reviewed includes not only race, but sex and other recordable data. Every shift supervisor is also required to track that information, day by day, to keep on top of any trends that might develop. ACTION: Mr. Malloy will continue to provide updates to the Board on this item on a quarterly basis; he pinpointed October 2021 for the next iteration. Deadline dates may be adjusted. DOCUMENTS: July Update ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to adjourn the meeting at 9:49 p.m. A true record; Attest: Kim Siebert Recording Secretary 10