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HomeMy WebLinkAbout2021-08-09 SB-min SELECT BOARD MEETING August 9, 2021 A remote participation meeting of the Lexington Select Board was called to order at 7:01 P.M. on Monday, August 9, 2021 via Zoom 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 Ms. Kosnoff, Assistant Town Manager for Finance/Acting Town Manager; Ms. Katzenback, Executive Clerk. Mr. Malloy, Town Manager and Ms. Axtell, Deputy Town Manager were absent as they were out of town. Ms. Hai stated that the meeting was being conducted via Zoom as posted with the agenda on the Town's website. 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 Valerie Overton, 25 Emerson Gardens, said she has noticed that the standing agenda for an update on the status of Lexington's racial and social justice initiatives has dropped off recent agendas. She wondered if this was deliberate and asked the Board to consider including periodic reports on the status of racial/social initiatives, outcomes, and next steps. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS In addition to her submitted written report, Ms. Hai noted that she had forwarded to the Select Board a copy of the Town of Belmont's recently passed Mask Mandate Policy for their information. Ms. Hai said she and Board of Health Chair Dr. Heiger-Bernays are scheduled to meet later in the week and would be discussing masking protocols. Mr.Pato said he would like to have a Board discussion about a Mask Mandate Policy,preferably sometime this week, as soon as Open Meeting Law scheduling rules apply. Mr. Sandeen and Ms. Barry agreed, although Ms. Barry acknowledged that timing a meeting for this week could be difficult for her. Mr. Lucerne agreed but said he feels such a meeting should be held as soon as possible. Mr. Sandeen noted that the United Nations' Intergovernmental Panel on Climate Change has released a new report stating changes to the climate are occurring 10 years earlier than formerly predicted. Mr. Sandeen asked the Board to consider scheduling an update on what the Town of Lexington is doing vis-a- vis sustainability and Zero Emissions and to also reflect what actions the Town should take considering this acceleration. Mr.Pato said the Sustainable Lexington Committee originally intended to schedule an update to the Board in the fall of 2021 but, in the face of the Intergovernmental Panel on Climate Change (IPCC) report, the Sustainable Lexington Committee may want to schedule the update sooner. ACTION ITEMS: Ms. Katzenback will poll the Board for their dates of availability for a Joint Meeting with the Board of Health regarding meeting about a mask mandate policy. DOCUMENT: Select Board Concerns and Liaison Reports—August 9, 2021 1 CONSENT AGENDA 1. Select Board Committee Appointments &Resignations Resignations. To accept the resignation of Nancy Cowen from the Town Report Committee as the Town Report Coordinator effective immediately. To accept the resignation of Peggy Enders from the Lexington Bicycle Advisory Committee effective immediately. On behalf of the Town of Lexington, the Select Board Members extended thanks to Ms. Cowen and Ms. Enders for many years of service to the community. Appointments To appoint Victoria"Vicky" Sax to the Town Report Committee at the Town Report Coordinator to fill an unexpired term set to expire on September 30, 2021. To appoint Ram Reddy to the Lexington Bicycle Advisory Committee to fill an unexpired term set to expire on September 30, 2023. To appoint Bertram Gresh Lattimore, Jr. to the Town Celebrations Committee to fill an unexpired term set to expire on June 30, 2022. DOCUMENTS: Committee Applications 2. Water and Sewer Commitments: To approve the above Water and Sewer Commitments as follows: • Water and Sewer Commitment Cycle 9 May 2021 $ 316,107.35 • Water and Sewer Finals June 2021 $ 33,233.92 DOCUMENTS: Cycle 9 and June Finals 3. Approve July 26, 2021 Meeting Minutes: To approve and release the Select Board Meeting minutes of July 26, 2021 DOCUMENTS: DRAFT Select Board meeting minutes 07.26.21 4. Town Manager Appointment To approve the Town Manager's appointment of Susan Bennett as a full member of the Historical Commission for a term to expire March 31, 2023. DOCUMENTS: Committee Application VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve the four items of the Consent Agenda. 2 ITEMS FOR INDIVIDUAL CONSIDERATION 1. Grant of Location for Eversource—Hartwell Avenue &Wood Street Ms. Hai opened the Public Hearing at 7:10 p.m. Ms. Hai said the hearing had been requested by NSTAR Electric Company d/b/a Eversource Energy for a Grant of Location to construct a line of conduits and manholes with the necessary wires and cables therein as indicated on the plan made by T. Thibault dated December 15, 2020,to be located under the following public way or ways in the Town of Lexington. Abutters were duly notified of this Public Hearing on July 30, 2021 by Ms. Katzenback, Executive Clerk to the Select Board.Phyllis Galloway, Right of Way Agent for Eversource, was present to answer questions pertaining to the installation. Ms. Barry noted that it appeared from maps that this work is being done under or alongside the bridge on Hartwell Avenue. She is concerned about the structural integrity of the bridge and noted that work to improve the structure has been delayed. Ms. Galloway stated that Eversource has met with the Lexington Town Engineers who did not raise any concerns with the installation. Dave Pinsonneault, DPW Director, said that Town Engineer John Livsey would be better able to comment but he felt certain that if Mr. Livsey and his staff approved the work, it has been thoroughly vetted. The delay in the bridge work has been due to the difficulty of coordinating all the utility companies that own conduits under/beside the bridge; those difficulties are being sorted out. Ms. Barry asked whether the Eversource work would be done in the daytime or nighttime and noted that the businesses along Hartwell Avenue appear to be about 50%back to full occupancy. Ms. Galloway stated that the work would be done during the day but she will relay the need to coordinate with the Hanscom AFB gate so as not to cause undue traffic back-ups. Upon hearing no further comment, Ms. Hai closed the Public Hearing at 7:14 p.m. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve a Grant of Location to NSTAR Electric Company d/b/a Eversource Energy to construct a line of conduits and manholes with the necessary wires and cables to be located under the following public ways in the Town of Lexington as follows: Hartwell Avenue—Southwesterly from MH29060 approximately 400±feet northeasterly of Town Dump Road a distance of 800±feet conduit and install one manhole MH30992 Hartwell Avenue—Southwesterly from MH29060 approximately 400±feet northeasterly of Town Dump Road a distance of 349±feet conduit Hartwell Avenue—Southwesterly from MH25797 approximately 380±feet northeast of Wood Street thence turning southeasterly a distance of 423±feet of Conduit and install one manhole MH30993 Wood Street—Southerly from MH30993, at Hartwell Avenue a distance of 82±feet conduit as shown on the plan made by T. Thibault dated December 15, 2020. ACTION: Ms. Galloway to convey the need for Eversource to coordinate with Hanscom AFB regarding traffic flow and work timing. DOCUMENTS: Eversource Petition for grant of location; Abutter Notification 3 2. Application: Entertainment License-Anisoptera Mercantile, LLC, 1720 Massachusetts Avenue, Unit 2 Ms. Hai noted that Anisoptera Mercantile is a new retail space specializing in wellness. It will occupy the space in Lexington Center formerly occupied by Ride Studio Cafe. Applicant Rosemary Austin was in attendance to answer any questions. The request for license approval has been reviewed by the Health, Building and Zoning Departments with no concerns. The applicant will be working with the Building Department to obtain a Building Permit. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve an Entertainment License for Anisoptera Mercantile, LLC, 1720 Massachusetts Avenue, Unit 2, for the purpose of providing radio/recorded background music and LED information screens within the retail space. 3. Review Determination of Tree Hearing-5 Fulton Road On May 17, 2021, Mr. Doug Orr, Orr Homes LLC, submitted a request to remove the tree at 5 Fulton Road. A tree hearing was then held on July 8, 2021 at 8:00 a.m. in front 5 Fulton Road. The hearing was publicly advertised as per the requirements in MGL Chapter 87. At least nine residents who attended the hearing objected to the removal of the tree. The Town hired a certified arborist to evaluate the tree. Upon the Tree Warden's review of this evaluation, it was determined that removing the large limb that extended over the street and pruning any dead wood would make the tree more viable and ensure the safety or people and property. With the hazard mitigation completed, and after receiving all comments at the hearing, the Tree Warden has deemed the tree healthy enough to remain. The Lexington Tree Committee is also in support of keeping the tree. Ms. Hai reported that the tree is on the radar of the forestry division and will receive routine monitoring by the Forestry Division. Any future mitigation or corrections will be followed and completed by the department. However, the applicant, Mr. Orr, now asks the Board to review the determination of that tree hearing. Ms. Hai stated that she had spoken with Town Counsel regarding this matter. Ms. Hai said she and Town Counsel are in agreement that there are insufficient grounds to review the Public Hearing's determination and therefore the decision should stand. Board members did not object to this course of action. DOCUMENTS: July 29, 2021 Tree Warden Memo with Recommendation to Select Board for 5 Fulton Road Tree; Tree Committee position-5 Fulton Road Tree; May 17, 2021 D. Orr request to Tree Warden for Tree Hearing for Removal of Tree; Culmination of some of the resident objections to the removal of the Tree. 4. Appointment of Election Officers Mr.Pato and Ms. Barry recused themselves on this item as they both have relatives who serve the Town as Election Officers. Ms. Hai noted that the appointment of Election Officers is an annual request made by Town Clerk Nadie Rice. 4 VOTE: Upon a motion duly made and seconded, the Select Board vote 3-0 to approve the list of election officers recommended by the Town Clerk and Registrar of Voters. DOCUMENTS: Memo from Town Clerk Requesting appointment of Election Officers Ms. Barry and Mr.Pato rejoined the meeting. 5. Liquor License—Change of Manager—Lexington Lodge 92204 B.P.O.E. of USA All the necessary paperwork to request approval for a Change of Manager on the All-Alcohol Common Club License for Lexington Lodge 92204 B.P.O.E. of U.S.A. has been submitted. The proposed manager, Gordon R. Osgood submitted a current Alcohol Awareness Training Certificate. The required CORI check has been completed. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Lexington Lodge 92204 B.P.O.E. of U.S.A's application for a Change of Manager to be Gordon R. Osgood and upon ABCC approval, issue an updated Club Liquor License for Lexington Lodge 92204 B.P.O.E. of U.S.A., located at 959 Waltham Street, reflecting the change of manager. DOCUMENTS: Change of Manager Application—Lexington Lodge of Elks 92204 B.P.O.E ACTION ITEM: Select Board Office to send application onto the Alcoholic Beverages Control Commission for the next step in the application process 6. Battle Green Use Request—Celebration of Life in Memory of Dan H. Fenn, Jr. The applicant withdrew their request on August 6, 2021. Item did not require any Select Board Action. 7. Dissolve Select Board Committees: Electric Utility Ad Hoc Committee; Sidewalk Committee; Sister City Committee—Russia The Board is being asked to dissolve the Electric Utility Ad Hoc Committee, Sidewalk Committee and the Sister City Committee—Russia. Due to inactivity and/or to re-allocated functions. Aside from dissolving the committee, Mr. Sandeen suggested that the Town improve outreach regarding the work of the Transportation Safety Group (TSG),which has absorbed the work formerly done by the Sidewalk Committee. Ms. Hai noted the Sidewalk Committee has been inactive for quite some time and further that the Capital Expenditures Committee's report to Town Meeting always includes a list of active sidewalk projects. Mr.Pinsonneault said he would coordinate with Mr. Livsey, Town Engineer, to make sure the Town website has up-to-date information re: sidewalk projects. Ms. Hai recommended that Mr.Pinsonneault and Mr. Livsey coordinate as well with Mr. Dugan, the Town's Public Information Officer, to disseminate information. Dawn McKenna, Precinct 6 Town Meeting Member, said she has no objection to dissolving the Sidewalk Committee but feels that sidewalk design should undergo a public process to ensure that sidewalks are planned and constructed in ways consistent with preserving appearance and town character. ACTION: Mr.Pinsonneault to coordinate with Mr. Livsey and Mr. Dugan to ensure the Town website is current with sidewalk project information. 5 VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to dissolve the Electric Utility Ad Hoc Committee, Sidewalk Committee, and the Sister City Committee - Russia. 8. Discussion of Possible Need for a Special Town Meeting Mike Cronin, Director of Public Facilities was present for the discussion. Ms. Hai said the specific items that might appear on a Special Town Meeting warrant are not up for discussion at this meeting. The focus instead is whether the Board needs to call for a Special Town Meeting (at a future Board meeting) and what the relevant deadlines would be. Ms. Kosnoff reported that one important item to be addressed at a fall Special Town Meeting is a significant upward adjustment to the previous New Growth projection. Ms. Kosnoff said that the adjustment is important to make because New Growth is a component of the Tax Levy and it is vital to have to right numbers in place before the Tax Rate for 2022 is determined. The consequences for not adjusting New Growth numbers in the fall would be to not make the most of the Town's tax capacity; not to allow the Town to set aside approximately $1M $1.5M in the Stabilization Fund; and/or not to be able to commit additional cash to Capital projects, such as the Westview Street Cemetery Building and 173 Bedford Street projects. Mr. Cronin said that the timing of getting the temporary Police Headquarters project out to bid is important. Getting started with the appropriations process this fall would provide a favorable timeline. Ms. Hai questioned how the timing of a Debt Exclusion vote for the full Police Headquarters construction project would work. Ms. Kosnoff said that the retrofit of 173 Bedford Street plus the full Police HQ build out could be rolled into one Debt Exclusion vote or cash could be used to cover the cost of the retrofit but not figure into the Debt Exclusion at all. Ms. Hai noted, additionally, that there are potentially a number of Planning Board generated zoning articles pending for a fall Special Town Meeting. Also, the Mount Independence Historic District Study Committee under the Historic Districts Commission may also have business to bring forward. Given the news that the Covid-19 Delta variant is likely to prohibit in-person meeting, a fall Special Town Meeting will most likely be virtual. Ms. Hai noted that a fall Special Town Meeting would coincide with budget season as well, making for a hectic meeting schedule and work load. Mr. Lucerne supported the concept of having a fall Special Town Meeting while acknowledging that the heavy impact on Town staff is real. However, deferring everything until the spring would compound the difficulties of Annual Town Meeting and add to its length, which would also cause burdens on staff. Mr.Pato, Ms. Barry, and Mr. Sandeen agreed with Mr. Lucerne's comments adding that there are likely to be other items that a fall Special Town Meeting should address. Mr. Sandeen asked if time frame could be narrowed down for when the Special Town Meeting might occur. Ms. Barry and Ms. Hai said that such a conversation needs to occur upon Mr. Malloy and Ms. Axtell return to the office. David Kanter, Vice Chair Capital Expenditures Committee, said that while he speaks for only himself, he feels very certain that Capital Expenditures Committee would agree with the need for a fall Special Town Meeting. 6 Dawn McKenna, Precinct 6 Town Meeting Member, said she personally finds virtual Town Meetings to be draining. She asked the Board to strongly consider limiting the number of articles at a virtual fall Special Town Meeting in the hopes that,by spring, in-person meeting will again be possible. ACTION: Details/consideration regarding the call for a Special Town Meeting will be drafted and brought to an upcoming Select Board meeting. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to adjourn the meeting at 7:49 p.m. A true record; Attest: Kim Siebert, Recording Secretary 7