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HomeMy WebLinkAbout2021-08-23 SB-min Select Board Meeting August 23, 2021 A remote participation meeting of the Lexington Select Board was called to order at 7:00 P.M. on Monday, August 23, 2021 via Zoom meeting services. Vice Chair Mr. Lucente; and members Mr. Pato; Ms. Barry; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager and Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente 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. Mr. Lucente provided directions to members of the public, watching/listening via the Zoom application, regarding the procedure for making a public comment. Mr. Lucente reminded Board members, staff, and members of the public about Lexington’s Standard of Conduct regarding civil discourse during Town Government meetings. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS In addition to previously submitted written reports that can be found in the Meeting Packet materials under the agenda item, members added these updates/comments: Ms. Barry:  Koren Stembridge, Cary Memorial Library Director, sent an email to Select Board members/Library Trustees today reporting two construction projects currently in progress. The first is that a concrete pad has been poured for a new Cary Memorial Library sign to be erected on the Massachusetts Avenue side of the building near the front door. The project should be completed by the end of the month. The second project is part of the Center Streetscape. Shrubs at the northwest corner of the library site will be removed in order to install a new utility box. Ms. Barry reported that Library staff will be working with the DPW to re-establish landscaping once installation of the box is complete.  Ms. Barry asked Ms. Axtell if there will be the opportunity for boards and committees to present potential fall Special Town Meeting 2021 articles to the Select Board, as was done before Annual Town Meeting 2021. Ms. Axtell replied that previews of committee/board-generated warrant articles will occur before Annual Town Meeting 2022, as they did before Annual Town Meeting 2021, but not before fall Town Meeting 2021. This in deference to a tight timeline and to make sure fall Special Town Meeting 2021 stays focused on time-sensitive business.  Ms. Barry reported that she and Kathy Lebrecque, Management Analyst, are now working together on the analysis of and recommendation for committee/board processes. Ms. Barry and Ms. Lebrecque intend to send out a short survey to current board and committee members to gather information that will inform Select Board decision-making. Ms. Barry anticipates providing a report on this matter to the Select Board in September. Mr. Sandeen:  Two current members of the Permanent Building Committee have indicated they will not seek re- appointment at the end of their terms. Two new members will be sought. Mr. Pato:  Referring to Mr. Sandeen’s written submission for this agenda item, Mr. Pato stated that 1 the information the Permanent Building Committee is seeking regarding research conducted about the Police Station project will not be released as raw data, due to anonymity agreements with interviewees. Mr. Pato and Mr. Lucente will produce an abstracted report that will be available to all. Mr. Lucente:  The Tourism Committee announced that Lexington will receive a $200,000 Cultural Facilities grant from Massachusetts Development which will be applied to the cost of the Visitor Center project.  Ms. Hai has asked that Board members set aside November 1, 2021 as a Select Board meeting date in lieu of the previously scheduled November 22, 2021 meeting. She also asks that members nonetheless continue to reserve November 22. ACTION ITEMS: A report about committee/board processes will be given to the Select Board in September by Ms. Barry and Ms. LeBrecque. Mr. Pato and Mr. Lucente will provide an abstract about feedback gathered re: the Police Station project. The Board’s meeting schedule will be adjusted to include the November 1, 2021 meeting date. DOCUMENTS: Select Board Concerns and Liaison Reports—August 23, 2021 TOWN MANAGER REPORT  Mr. Malloy emphasized the Town’s indoor mask mandate.  Mr. Malloy reported that municipal parking meters will move to a pay-by-phone format on September 15, 2021. CONSENT AGENDA 1. Approve Select Board Meeting Minutes To approve the Select Board Minutes of May 17, 2021; August 2, 2021; and August 9, 2021. DOCUMENTS: DRAFT Select Board meeting minutes May 17, 2021; DRAFT Select Board meeting minutes of August 2, 2021; DRAFT Select Board meeting minutes August 9, 2021. 2. Approve Theater License Renewals To approve the application and issue two Theater Licenses to Lexington Theatre Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies from September 1, 2021 through September 1, 2022. 3. Water and Sewer Adjustments To approve the above Water & Sewer Adjustments as recommended by WSAB on July 7, 2021. DOCUMENTS: SB Water & Sewer WSAB VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 by roll call to approve the Consent Agenda. 2 ITEMS FOR INDIVIDUAL CONSIDERATION 1. Public Hearing: All Alcohol Package Store Liquor License—Lexington Fine Wines LLC, 1686 Massachusetts Avenue Mr. Lucente opened the Public Hearing at 7:10 p.m. All the necessary documents were provided by the applicant for this liquor license application. The application was submitted to the relevant Town staff for review, including building, zoning and health departments, and they have no objections but it was noted that the applicant must obtain any required permits or licenses from those respective departments that may be needed prior to opening the package store. In accordance with M.G. L Chapter 138, a legal notice ran in the August 12, 2021 Lexington Minuteman and the applicant mailed the required notices to abutters. Proposed Store Hours: Monday – Saturday: 8:00 am – 11:00 pm; Sunday: 10:00 am – 11:00pm. Mr. Nicholas Lisotto, applicant/Manager on record, introduced himself to the Board and related his background in finance, food, and wine. Mr. Lisotto currently owns a liquor store and market in Brookline. There was no public comment. Mr. Lucente closed the Public Hearing at 7:17 p.m. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 by roll call to approve the application from Lexington Fines Wines, LLC for an All-Alcohol Package Store to be located at 1686 Massachusetts Avenue for the proposed store hours of 8:00 am -11:00 pm Monday – Saturday; 10:00 am -11:00pm on Sunday and after the application has been approved by the ABCC, to issue the all-alcoholic Package Store Liquor License to Lexington Fine Wines, LLC. DOCUMENTS: Application for Package Store—Lexington Fine Wines, LLC—1686 Massachusetts Avenue. 2. Public Hearing: Noise Bylaw Special Permit—Sewer Line Flushing Mr. Lucente recused himself because he lives in the area near where the work will be done. Mr. Pato chaired the item and opened the Public Hearing at 7:18 p.m. This sewer line flushing is a regular Special Permit request from the DPW. The Public Hearing has been advertised and abutters have been provided notice as per the Noise Bylaw for work that is outside permitted hours. The request is for the time period beginning Monday, November 8th through Friday, th November 19 when the Department of Public Works seeks to begin work at 5:00 a.m.— earlier than the normal start time of 7:00 a.m. — to flush the sewer system in the downtown area, from Merriam Street at Massachusetts Avenue along Massachusetts Avenue to Woburn Street. Adjacent streets with sewer mains that connect to Massachusetts Avenue between these two end points will also be flushed. Per the Noise Bylaw, the DPW is requesting a 3-year permit for the first two weeks of November in 2021, 2022, and 2023. Mr. Pato reported that the Board has received on email from Nancy Rosenfield of 50 Waltham Street registering her objections to the DPW’s request. The comment is available from the Select Board’s office upon request. 3 Mr. Pinsonnault revised the request as stated since the original request included early flushing hours for the next three Aprils as well. Both fall and spring dates were included in the notification sent to abutters. Other than Ms. Rosenfield’s email, there were no further public comments. Mr. Pato closed the Public Hearing at 7:24 p.m. VOTE: Upon a motion duly made and seconded, the Select Board voted 3-0 by roll call to approve a 3- year Noise Bylaw Special Permit for the Public Works Department to flush sewer lines before the permitted start time of 7:00 a.m. during the first two weeks on November in 2021, 2022, and 2023 and the first two weeks of April 2022, 2023, and 2024. DOCUMENTS: Sewer Flushing Request. Mr. Lucente rejoined the meeting and resumed the role of chair. 3. Public Hearing: Noise Bylaw Special Permit—Patriots/ Day Cleanup Activities Mr. Lucente opened the Public Hearing at 7:25 p.m. The DPW seeks a 3-year special permit to allow for an earlier-than-permitted work start time per Noise Bylaw Special Permit. Granting the permit will allow staff to perform maintenance tasks associated with the annual Patriot's Day celebration, specifically along Bedford Street and Massachusetts Avenue, during the weeks prior to Patriots’ Day during April 2022, 2023, and 2024. Mr. Pinsonnault stated that the earlier start time is requested due to the need of having walkways free of pedestrians. Dawn McKenna, 9 Hancock Street, thanked the DPW for doing this work in past years in ways that did not cause undue hardship to abutters. Mr. Lucente closed the Public Hearing at 7:28 p.m. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve a 3-year Noise Bylaw Special Permit for the Lexington Department of Public Works to carry out Patriots Day preparation tasks the week in April prior to Patriots Day starting at 5:00 a.m. from Monday through Friday in April 2022, 2023, and 2024. DOCUMENTS: Patriots’ Day Request. 4. Approve Fleet Electrification Policy This draft version of the Fleet Electrification (EV) Policy has been approved by the Sustainability Committee. Staff recommends adoption. At the last discussion about the EV policy, the Select Board asked for an analysis of what the "breakpoint" for cost would be, i.e. at what price point would opting for an EV not be a financially viable option. Mr. Malloy noted that a draft life cycle cost analysis— based both on industry standards and actual information from vehicles— is attached in the meeting packet materials. A case study was conducted comparing the current Town Manager's vehicle (Dodge Durango) with the EV that has been ordered (a Ford Mustang Mach E, the lowest price EV under the state bid for a AWD SUV). The study demonstrated that over the life of the vehicle, the higher acquisition cost is offset by the lower life cycle cost. Additional clarification related to town and school department vehicles is also included in the meeting packet. 4 Ms. Barry and Mr. Sandeen commended the revisions and improvements that had been made to the policy since the last review. Mr. Lucente likewise applauded the revisions and said he was glad flexibility had been provided that gives the Town Manager some discretion. Mr. Malloy reported that the Town currently owns two EVs and will purchase two more during this fiscal year. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 by roll call to approve the Fleet Electrification Policy as attached and dated August 23, 2021. DOCUMENTS: 8-23-21 Additional Clarification—Redline; Redline; Clean; Life Cycle Cost Analysis (Draft). 5. Approve Affordable Housing Study Committee Charge Carol Kowalski, Assistant Town Manager for Development, summarized the process that has led to the intent to form an Affordable Housing Study Group and the creation of the committee’s charge. Jeri Foutter, Housing Partnership Board Chair, reported that the Housing Partnership Board is in full support of forming an Affordable Housing Trust. Ms. Foutter suggested that one of the tasks the Study Group could undertake is to investigate the potential of establishing a Community Development Corporation (CDC) through the State’s Department of Housing and Community Development (DHCD) which offers a tax credit program, a potential source of funding. Ms. Kowalski said she believes there would not need to be an amendment to the charge in order for this to be added to the area of research. Melinda Walker, 14 Larchmont Lane/Housing Partnership Board/Lexington Housing Authority, posed four questions/concerns about the draft charge: 1) Is the Comprehensive Plan on track to be completed by the end of 2021? 2) Broadening funding sources beyond Lexington is advisable; 3) Is the sequence of drafting a bylaw and then going to Town Meeting correct as expressed in the draft?; and 4) If the process of LexHab becoming a non-profit takes quite some time, will the ability to develop affordable housing be affected in the interim? In response, Ms. Kowalski said that 1) The Comprehensive Plan seems to be on track; 2) Broadening the language re: funding sources is a good point; 3) The study group can determine how best to sequence the bylaw and Town Meeting process. 4) Mr. Malloy said he believes the timeframe indicated for LexHab to become a non-profit is realistic, given that the initiative is a major one. Mr. Pato asked whether the study committee will feel it has the latitude to broaden the interpretation of its charge. Mr. Lucente noted that, in his experience, study committees commonly use their charges as strict guideline to direct their efforts. Mr. Sandeen said he supports amending the charge to provide more flexibility. Ms. Barry said that, given these comments, edits should be made to the draft charge so it can be reviewed again later by the Board. Bob Pressman, 22 Locust Avenue, said he believes the committee should have seven members instead of five since there are ten desired skillsets listed. He asked if the specific language referring to LexHab has been vetted by LexHab. Ms. Kowalski said the language has not been formally vetted but LexHab is supportive of the formation of this study committee. Mr. Malloy concurred that LexHab is highly supportive. 5 Mr. Pato questioned the part of the text that says LexHab will ultimately be replaced since the study committee hasn’t discussed or reached this conclusion and since LexHab plays more than one role and both may not be assumed by a new entity, if one is created. Jeri Foutter, Housing Partnership Board Chair, said she is aware of affluent towns that have CDCs so it is not necessary that CDCs only serve low- to moderate-income communities. A Community Investment Plan needs to be submitted to and approved by the DHCD. Ms. Foutter explained that the Plan is not necessarily only about affordable housing but about development, generally. Ms. Foutter said it is her observation that most successful affordable housing organizations also supply support services because the housing alone is not sufficient to ensure success. Dawn McKenna, Precinct 6 Town Meeting member, said the language of the committee charge seems to anticipate an outcome in advance of the study. She believes the language needs to be broadened. Ms. McKenna said an analysis of the effects of affordable housing on municipal revenues should be conducted, if not by this study committee, then by other means. David Kanter, 45 Fifer Lane/Vice Chair of the Capital Expenditures Committee, said he feels it premature to break the work up into two phases or elements as described. Betsey Weiss, Lexington Housing Partnership Board, said that Arlington’s Affordable Housing Trust is a model worthy of emulation because it has successfully created affordable housing in ways that Lexington has not. Ms. Weiss said she would like to see the Community Preservation Committee included in the study committee’s membership composition. Mr. Malloy said he would confer with Ms. Kowalski about edits to the draft and bring the issue back before the Board, probably at the September 13, 2021 meeting. ACTION ITEMS: Mr. Malloy will confer with Ms. Kowalski about edits to the draft and the Select Board will review the next draft, probably at the September 13, 2021 meeting. DOCUMENTS: Redline; Clean; 8-23-21 Redline update. 6. Warer and Sewer Abatement Appeal—3 Patricia Terrace Peter Zmuidzinas, Appellant and resident of 3 Patricia Terrace, presented a request to appeal an interest- only abatement decision for his water bill at 3 Patricia Terrace that was granted earlier this year by the Water and Sewer Abatement Board. He believes a larger amount than the interest alone should be abated. Carolyn Kosnoff, Assistant Town Manager for Finance, explained the criteria and methodology of how the Water and Sewer Abatement Board grants abatements. She noted that staff investigated the water system at 3 Patricia Terrace to see if there was a water leak but found none on which to base an abatement. Dave Pinsonneault, DPW Director, reported that the water meter at that address was also tested and found not to be faulty. Since no evidence of a leak was discovered by staff and since the old meter was not found to be faulty, the Board supported the interest-only abatement ruling made by the Water & Sewer Abatement Board. It was noted that the new, continuous-read meter, installed in the on-going meter update program underway, should catch any future water use anomalies in real time. 6 VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 by roll call to uphold the decision of the Water & Sewer Abatement Board in this matter. DOCUMENTS: Mr. Zmuidzinas Appeal summary 7. Battle Green Request for Use—Lexington Minute Men Participation in Celebration of Life Event in Honor of Dan H. Fenn, Jr. The Lexington Minute Men, Inc. have requested permission to use the Battle Green on Saturday, September 18, 2021 from 2:30pm to 3:30pm for their participation in a celebration of life event in memory of Dan H. Fenn, Jr., consisting of: 5 to 10 LMM Musket Company Members parading onto the Battle Green from First Parish Church, firing up to three musket volleys in salute, and marching off of the Battle Green to return to First Parish Church. The total time on the Green would be approximately 20 minutes within the 2:30pm to 3:30pm timeframe. The celebration of life event itself will take place on the grounds of First Parish Church. The Police Department, Department of Public Works, and the Fire Department have no objections to this request. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 by roll call to approve the request from Lexington Minute Men, Inc. to use the Battle Green on Saturday, September 18, 2021 for approximately 20 minutes within the timeframe of 2:30pm to 3:30pm for the purpose of firing three musket volleys in salute as part of a celebration of life event in memory of Dan H. Fenn, Jr. DOCUMENTS: UPDATED Battle Green Request for Celebration of Life Event for Dan H. Fenn, Jr— Lexington Minute Men’ Use of Battle Green Regulation. 8. Hosmer House Follow Up Discussion Regarding 41 Hancock Street Location Mr. Lucente noted that this discussion is a follow up to a series of previous discussions about the Hosmer House. He stated that numerous public comments were received during and after the August 2, 2021 meeting that was convened specifically to gather public comment about the potential of moving the Hosmer House 41 Hancock Street. Noting that public comments would not be taken this evening, Mr. Lucente said comments would nonetheless be welcome via emails sent to selectboard@lexingtonma.gov Mr. Lucente called tonight’s discussion an opportunity for Board Members to express their opinions and, ultimately, to provide Mr. Malloy with direction about how to proceed with a potential Request for Proposal (RFP). For background, Mr. Lucente explained that the Town has been trying to find the best way to address the future of this historic property for many years. The step of issuing the RFP/bidding process approved by the Select Board will be followed by still more steps: any developer moving the house to 41 Hancock Street would need to engage with the Zoning Board of Appeals and also receive a Certificate of Appropriateness from the Historic Districts Commission. Mr. Lucente said he appreciates all the public comments received, especially those from the 41 Hancock Street neighborhood, but he is leaning toward voting to approve the RFP process for that location. Ms. Barry said that since the RFP draft is not in the meeting packet, she will not vote to authorize it until she has been able to read it. She is uncomfortable specifying in the RFP that 41 Hancock Street as the only possible location. In the course of discussing the Hosmer House with other committees/boards, there has been substantial sentiment about it remaining “a home”; she fears that if the Hancock Street location does not pan out, the process will go backward again. Since the Police Station project needs to move 7 forward— and the Hosmer House must move elsewhere to allow that to happen—Ms. Barry feels that any/all locations including one outside of Lexington, should be viable and that flexibility should be expressed in the RFP. Mr. Sandeen agreed with Ms. Barry on these points. Mr. Pato similarly agreed, adding that 41 Hancock Street should be stated in the RFP as one viable location, but not the only viable location. Mr. Sandeen said he wants to ensure that the winning bidder has an assurance of control, if not outright ownership, over any property the house will be moved to and that the house is moved within a timeframe compatible with the Police Station project. Mr. Lucente cautioned that if the winning developer were to choose a different location than 41 Hancock Street within Lexington to move the house to, the residents in the new neighborhood could be upset that they did not have the same chance to go through a vetting process. If a similar vetting process for an alternative location were to be included in the RFP, Mr. Lucente would be more comfortable with broadening the scope of potential locations. Mr. Pato noted there are more issues he hopes to address in the RFP, such as comments made by Mr. Himmel, Chair of the Permanent Building Committee, regarding having a measure of control over design elements. Mr. Pato emphasized that the issue on the table this evening is not to accept any one proposal but to accept a process by which proposals would be solicited. Mr. Malloy explained that a draft RFP was purposely not included in the meeting materials because it would have inevitably changed due to tonight’s comments. He wants to make sure the Town does not ask bidders to supply architectural renderings or other materials that would require substantial investment of funds as was done the last time an RFP was issued for the Hosmer House. Such a requirement would make developers less likely to submit a bid. Mr. Sandeen asked Mr. Malloy for an assessment of the timeframe. Mr. Malloy said he sees a move date being, preferably, no later than June 30, 2022, which would jive with the other moving pieces of the Police Station project. There may be some room for flexibility but if a bid is awarded this fall, the June date would leave 6 months to get all the necessary permits in place, including Historic Districts Commission approval of the building design, if 41 Hancock Street is determined to be the destination. Mr. Malloy will generate an updated RFP draft by Wednesday, August 25, 2021 and send it to the Board. He asked Board members to turn around their edits as soon as possible so that the RFP can be approved and issued. ACTION ITEMS: Mr. Malloy will generate an updated RFP draft and send it to the Board by Wednesday, August 25, 2021. Board members will submit their comments/edits as soon as possible DOCUMENTS: 41 Hancock Street; ANR Plan. ADJOURN Upon a motion duly made and seconded, the Select Board voted 4-0 by roll call to adjourn the meeting at 8:56 p.m. A true record; Attest: Kim Siebert, Recording Secretary 8