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HomeMy WebLinkAbout2021-11-09 SB-min Select Board Meeting November 9, 2021 A remote participation meeting of the Lexington Select Board was called to order at 6:03 p.m. on Tuesday, November 9, 2021 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; 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. Ms. Hai provided directions to members of the public watching or 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. Ms. Hai noted that there is a Save the Date for November 16, 2021, as an additional meeting, if need be. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Special Town Meeting 2021-1 Article Positions / Discussion The Board discussed positions on the proposed Articles. Regarding separating Article 5: Appropriate for Police Station Architectural Design and Swing Space Construction into two votes, Ms. Hai noted that the previously approved Fire Station Headquarters was brought to Special Town Meeting in October 2017 as two separate Articles, one to finish the design on the headquarters building and a separate one for the construction of the swing space. Both articles were subject to approval of a debt exclusion. The debt exclusion vote was held in December, which then allowed the release of those two approvals by Town Meeting and the Board subsequently went to Annual Town Meeting in the spring of 2018 for the construction funding for the headquarters building itself. Ms. Hai noted that, through community outreach, it appears the community supports moving forward with this project but has concerns with this Article combined, as written. While combining the Article may be more efficient timewise and financially, it is not necessarily per the Town’s past practice. Due to the fact that this is the Board’s Article, the Moderator will allow it to be split. The vote would be split into one motion for approximately $255,000 for the design, engineering, and architectural services on the main Police Headquarters building (1575 Massachusetts Avenue), and approximately $615,000 for the renovations to 173 Bedford Street. Mr. Lucente and Mr. Pato both agree with separating the Article and both support each piece of the Article as separated. Mr. Pato asked if the wording of the Article could reflect flexibility of the funds between the two projects. Mr. Malloy stated that he would look into this. In response to a question from Ms. Barry regarding the start of construction at 173 Bedford Street, Director of Public Facilities, Mike Cronin, stated that the bid for this item would go out in January, with construction to begin as soon as possible, likely within 3-6 months. Ms. Barry noted concern with starting this work before the vote at Annual Town Meeting. In response to a question from Ms. Barry regarding if the presentation of this Article contains information on the construction at 1575 Massachusetts Avenue, Mr. Cronin stated that he does not believe there was a plan to address the construction component and funding associated with that address during Town Meeting. Ms. Barry stated that she believes these numbers should be communicated during Town Meeting, especially if debt exclusion is approximately 6 months away. Mr. Cronin stated that the project needs to get into design development in order to have numbers. Ms. Barry noted that she is okay splitting this Article, but that will not alleviate all her concerns. She noted that she would be a yes on the item for 1575 Massachusetts Avenue, but a no on the 173 Bedford Street item. Mr. Sandeen noted that he is in favor of splitting the Article and is in favor of both parts of it, but believes it is important to be explicit with the costs involved for each location. Mr. Malloy stated that Town Counsel has noted that the funds must be appropriated for each specific project, and so there cannot be flexibility between the funds for the two projects. Mr. Cronin noted that enough funding is available to go through the design development phase and the beginning of the construction design, even if this Article fails. While construction documents will not be available for Annual Town Meeting, design documents were sufficient when presenting the Fire Station Headquarters project and will be available for Annual Town Meeting. In response to a question from Mr. Lucente regarding the Town’s Emergency 911 System, Mr. Cronin explained that the State will move the Town’s 911 System but requires six months notice. The Town is currently on the docket for next July. Mr. Lucente noted that this may be an advantage to having a temporary station ready for the placement of the 911 System in July and not losing an additional six months of time. Ms. Hai noted that she is in support of both pieces of the Article, if it is split. If this Article is split, it will be discussed at next Monday evening’s session of Town Meeting. In response to a question from Ms. Barry regarding flexibility of funds between the two projects, Mr. Malloy stated that there would probably be slight flexibility, depending on if the Moderator determines it to be within the scope of the Articles. The Board agreed to leave the wording of the appropriation at $870,000. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to split Article 15 into two motions: one for the approximately $255,000 for the design, engineering , and architectural services for 1575 Massachusetts Avenue and the other for approximately $615,000 for the renovation of 173 Bedford Street. The Board registered its positions for both articles: For 1575 Massachusetts Avenue: Lucente – yes; Pato – yes; Barry – yes; Hai – yes; Sandeen – yes. For 173 Bedford Street: Lucente – yes; Pato – yes; Barry – no; Hai – yes; Sandeen – yes. The Board reviewed its positions on Article 13: Amend Zoning Bylaw- Diversity, Equity, Inclusion and Permitting. The Board members are all not in favor of Mr. Canale’s amendment. Regarding Mr. Daggett’s amendment: Barry – yes; Pato – yes; Lucente – wait; Sandeen – yes; Hai – no. The Board members are all in favor of the main Article if the amendment passes. The Board members are all in favor of Article 14: Amend Zoning Bylaw- Solar Energy Systems. The Board registered its positions for Article 15: Amend Zoning Bylaw- Open Space Residential Developments. Regarding Mr. Creech’s three amendments: Pato: yes on 1 & 3, wait on 2; Sandeen: yes on 1 & 3, wait on 2; Hai: no on 1 & 3, yes on 2. thnd It was noted that the two alternate dates for an additional meeting are November 16 or November 22. Ms. Barry exited the meeting at 6:47pm. Dawn McKenna, Precinct 6 Town Meeting Member, noted concerns with the split vote on Article 5. She explained that there is concern about spending the money on the building before it is approved by a vote at Annual Town Meeting because it's a large chunk of money for the Town to spend if it were to fail as a debt exclusion. She requested that the Board make the 173 Bedford Street motion subject to a vote on the construction funds at Annual Town Meeting, or subject to debt exclusion. If the Board decides not to do this, she will move forward with her own amended motion at Town Meeting. David Kanter, Vice Chair Capital Expenses Committee and Precinct 7 Town meeting Member, stated that, unless a new Police Station is not needed, it is the Town’s fiduciary responsibility to create a swing space, as delaying will likely lead to increased costs to the project. He believes the Town should work to get the best price on this project right now. The next scheduled Board meeting is November 15, 2021, at 6pm. DOCUMENTS: STM 2021-1 Positions Chart, Moderator Proposed STM Schedule for 11-9-21 EXECUTIVE SESSION Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 at 6:54 p.m. to enter into Executive Session under Exemption 3 Collective Bargaining Update - Fire Union. It was further declared that an Open Meeting discussion may have a detrimental effect on the negotiating position of the town. Ms. Hai announced that the Select Board would not return to Open Session and the Select Board would adjourn the both the Executive Session and Select Board meeting at the end of the Executive Session. ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to adjourn the meeting at 7:17 p.m. A true record; Attest: Kristan Patenaude Recording Secretary