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HomeMy WebLinkAbout2022-03-21 SB-min Select Board Meeting March 21, 2022 A remote participation meeting of the Lexington Select Board was called to order at 7:03 p.m. on Monday, March 21, 2022 via a hybrid meeting. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Mr. Sandeen, and Ms. Barry were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Department Assistant, Stacey Prizio. 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. Ms. Hai provided directions to members of the public watching or listening via the Zoom application, regarding the procedure for making a public comment. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Barry noted that a Board member is needed to serve on the Cary Memorial Library Trustees nominating committee. Ms. Hai asked volunteers to contact her or Ms. Prizio and that the Board will hopefully take up nominating a member at the next meeting. Ms. Barry noted that, as Lexington’s representative to the Commonwealth Special Commission for the Celebration of the 250th Anniversary of the American Revolution, she is suggesting that the Town invite some members from the Commission as guests to the Patriot’s Day events. Mr. Pato stated that, in regard to the Police Station project being solar ready, the chair of Sustainable Lexington has prepared annotations on the current architectural diagrams illustrating the idea of conduit footings, both in the field for canopies and planning for conduits in the building, to show that this could avoid having to come back and redo work afterwards when solar is installed. Mr. Pato also noted that a member of the Historic Districts Commission has created a concept plan for how to integrate solar canopies with a relocation of the Hosmer House on the property. This will be presented at the Sustainable Lexington meeting Tuesday night. In response to a question from Ms. Barry, Mr. Malloy explained that an RFP has been put out for the th Hosmer House, with a deadline of April 14. One resident has expressed interest in moving the house and is working with the Zoning and Planning Departments. st Mr. Lucente noted that there will be a free community conversation on autism acceptance on March 31, at 6:30pm at the Lexington High School Auditorium. TOWN MANAGER REPORT Mr. Malloy noted that the Attorney General’s opioid settlement has changed from 15% to 40%, to be shared with local governments. The Town also received a grant of approximately $84,000 to purchase two fast-charging EV chargers. The Town’s new Planning Director, Abby McCabe, started today. The Police Department’s reaccreditation for a three-year period was officially approved. The golf course will open this Friday. CONSENT AGENDA 1. Approve and Sign Proclamations  Autism Awareness and Acceptance Month  National Library Week  National Public Safety Telecommunicators Week  Arbor Day To approve and sign proclamations to annually recognize the month of April as Autism Awareness and Acceptance Month and to commemorate National Library Week from April 3, 2022 to April 9, 2022; National Public Safety Telecommunicators Week from April 10, 2022 to April 16, 2022; and Arbor Day on Friday, April 29, 2022. DOCUMENTS: 2022AutismAwareness and Acceptance Month Proclamation, 2022 National Library Week Proclamation, 2022 National Public Safety Telecommunicators Week Proclamation, 2022 Arbor Day Proclamation 2. Select Board Committee Appointment, Reappointments & Resignation To appoint Reverend Claire Feingold Thoryn to the Fund for Lexington Board. To reappoint Suzie Barry to the Policy Manual Committee for a two-year term set to expire on March 31, 2024. To reappoint Judith E. Moore to the Registrars of Voters for a three-year term set to expire on March 31, 2025. To accept the resignation of Martha Kvaal from the Tree Committee effective immediately. DOCUMENTS: 2022 Fund for Lexington Board Application - C. Feingold Thoryn, Lexington Democratic Town Committee Recommendation Letter for J. Moore, Resignation Letter - M. Kvaal 3. Approve and Sign Eagle Scout Commendation Letter – Douglas McNamara To approve and sign a letter of commendation congratulating Douglas McNamara for attaining the highest rank of Eagle in Boy Scouting. DOCUMENTS: 2022 Eagle Scout Letter - D. McNamara - Troop 160 4. Approve One-Day Liquor Licenses To approve three One-Day Liquor Licenses for Spectacle Management to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of three events as follows: An Evening with Cowboy Junkies on Thursday, April 14, 2022 from 6:30pm to 10:30pm; Illusionist Rick Thomas on Friday, April 22, 2022 from 6:30pm to 10:30pm; and 10,000 Maniacs on Sunday, May 1, 2022 from 6:00pm to 10:00pm. To approve a One-Day Liquor License for the Waldorf School of Lexington to serve beer and wine on the grassy area in front of the building of the Waldorf School of Lexington, 739 Massachusetts Avenue, for the purpose of a Spring Party/Benefit on Saturday, May 21, 2022 from 7:00pm to 10:00pm. To approve a One-Day Liquor License for the Rotary Club of Lexington to serve beer and wine at the Scottish Rite Masonic Museum & Library, 33 Marrett Road, for the purpose of a Comedy Night Fundraiser on Friday, June 3, 2022 from 5:00pm to 10:00pm. To approve a One-Day Liquor License for the Lexington Education Foundation to serve beer, wine and liquor at Hayden Lower Athletic Field along Worthen Road, 24 Lincoln Street, for the purpose of the Lexington Education Foundation's Celebration for Education Fundraiser on Saturday, June 11, 2022 from 6:30pm to 11:30pm. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve Consent Agenda items 1 - 4. Pulled Consent Items to be voted separately: 5. Approve and Sign Joint MBTA Communities Letter to Executive Office of Housing and Economic Development Ms. Hai explained that the process will be for the Board to review the draft letter this evening and make any necessary edits. The letter will then go to the Planning Board for review and any necessary edits before being submitted. Every resident of the community is encouraged to send individual letters as well. The Board discussed the letter as written. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve the joint letter to the Executive Office of Housing and Economic Development from the Select Board and Planning Board regarding comments on the Draft Compliance Guidelines for Multi-Family Districts Under Section 3A of the Zoning Act, as written, with a preference to see the top bullet on page 2 listed as 15 contiguous acres of land. If the Planning Board chooses to remove this paragraph, the document will come back to the Board for additional review before signing. DOCUMENTS: Joint Planning Board and Select Board Letter for Comments Regarding Draft Compliance Guidelines for Multi-Family Districts ITEMS FOR INDIVIDUAL CONSIDERATION 1. Public Hearing: All-Alcohol Package Store Liquor License – Lexington Liquors Corp. d/b/a Lexington Liquors, 7 Depot Square Ms. Hai opened this public hearing at 7:27 p.m. Attorney Matthew Porter, attorney for Lexington Liquors Corp., addressed the Board. He explained that, if the Board approves this item, the landlord and the existing business onsite, Catch a Falling Star, would terminate the existing lease, and his client would then start the build-out of the location. This is a rather small store, and will be designed as a boutique liquor store, with a collection of limited liquors, craft beer, and local wines. There is adequate existing parking across the street for this business. Mr. Sam Patel would be the proposed manager for this location; Mr. Patel also owns the Turnpike Market in Billerica. In response to a question from Mr. Lucente, Attorney Porter explained that Mr. Patel plans to run a similar model for this new liquor store as is currently run for the Turnpike Market, however, this location, due to its size, will only be able to offer liquor and not food. Mr. Lucente noted that Mr. Patel’s current business has had two disciplinary actions against it, due to illegal selling to minors, both in 2014 and 2018. Attorney Porter explained that extra protocols were put in place after both suspensions, and all employees are now required to be Alcohol TIPS Certified. Mr. Lucente noted a bit of concern, as this location is more accessible to younger ages. Attorney Porter explained that this will be a 21+ store. Ms. Barry noted that, in her eight years on the Board, she has seen three different liquor stores try to succeed in Lexington Center. She asked what the applicant believes will help set this store apart. Mr. Patel noted that he has seen many customers come to his store in Billerica from Lexington due to his variety of craft beer and higher end liquors. In response to a question from Mr. Sandeen, Mr. Patel explained that his shop in Lexington is approximately 1,600 s.f. Ms. Hai closed the public hearing at 7:41 p.m. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-1 by roll call to approve the application from Lexington Liquors Corp. d/b/a Lexington Liquors for an All-Alcohol Package Store to be located at 7 Depot Square for the proposed store hours of 9:00am - 10:00pm Monday thru Saturday; 12:00pm - 7:00pm on Sunday and after the application has been approved by the ABCC, to issue the All- Alcoholic Package Store Liquor License to Lexington Liquors Corp. d/b/a Lexington Liquors. DOCUMENTS: Lexington Liquors Corp. - Liquor License application 7 Depot Square 2. 2022 Annual Town Meeting & Special Town Meetings 2022-1  Call for Special Town Meeting 2022-2 VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to call for Special Town Meeting 2022-2 to begin on Monday, April 11, 2022 at 7:30pm.  Approve Request from Town Moderator to Conduct Special Town Meeting 2022-2 via Remote Participation VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve the Town Moderator's letter requesting remote participation for Special Town Meeting 2022- 2 and to include such letter in the Special Town Meeting 2022-2 Warrant.  Approve Warrant There was discussion regarding Article 3 and being able to modify other sections of Chapter 118. It was noted that the amended language for this Article will now read: “to see if the Town will vote to amend Chapter 118 Section 18 form of the Code of the Town of Lexington to include remote participants as part of the quorum count required for a meeting and to revise said Chapter 118 with respect to remote participation at Town Meeting or to act in any other manner in relation thereto.” VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve and sign the Special Town Meeting 2022-2 Warrant as amended and authorize staff to make non- substantive edits as necessary or recommended by Town Counsel.  Approve Final Select Board Report VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve and the Select Board Report to Annual Town Meeting 2022 as presented, subject to any editorial modifications needed prior to publication.  Select Board Article Discussion and Positions The Board reviewed its positions chart. Regarding Article 2 – Police Station Construction, Mr. Sandeen suggested that he would like for the Board to support the recommendation to ensure that the Police Station is built so that the aboveground or belowground infrastructure, such as conduits and electrical systems, are capable of supporting a net zero solar energy system. After more work in done on the design, the Board could then review that and bring it to a fall or next Town Meeting. Board members voiced their agreement with Mr. Sandeen’s suggestion. Mr. Cronin explained that the project is prepared to bring in underground conduit, handholds, and an extra switchgear onsite, so that solar can be moved into the building. An automatic transfer switch will be available, and there will be a separate room that's ready to receive all the electronics. The exact placement of the proposed canopies and footings will need to be further discussed and will hopefully be ready to present to the Board in the fall. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call on a unanimous support of the Board for the current project, including solar ready and a review of net zero options under existing policy to the satisfaction of all stakeholders, with the aim to bring this to a fall town meeting. The Board agreed to placing Article 8 on the Consent Agenda/IP. Regarding Article 10E, Mr. Pato noted that the CPC met and voted 7-1 in favor of supporting this Article at its lower, revised amount of $680,000. In response to a question from Mr. Sandeen, Mr. Malloy stated that he does not believe these bathrooms will need to be demolished as part of the proposed high school project. Mr. Pato stated that he is still a ‘no’ on this Article, as he would like to see an uninhibited site plan that takes into account a broad look at how best to allocate the land for recreation and school purposes. Regarding Article 34, there are three options. Originally there was majority vote to IP this Article, come up with the associated regulations and bring it back to a fall Town Meeting. In the interim, Mr. Pato came to the Board last week with a proposal. There are two different versions of that proposal in the packet. One would provide for hybrid meetings only. The other would provide for hybrid meetings, but also for fully remote meetings due to public health or weather-related emergencies as declared by the Governor. Mr. Makarious agreed with the option of being able to consider a fully remote meeting in situations of a declared State of Emergency. Mr. Lucente stated that he believes this needs to be fixed at the State level for all municipalities. The Board agreed to spend more time discussing this Article, especially Sections 1 & 5, before making a decision. Ms. Hai reported that the Planning Board voted 4-0-1 regarding Article 35. The Planning Board is unanimously in support of Articles 36, 37, and 38. For Article 39, 2-1-1 and one member recused. Regarding Article 40, the Planning Board unanimously supports referring this item back. Regarding Articles 38 & 29, the Board agreed to post the draft MOA’s and accept comment on them until th April 6. DOCUMENTS: STM 2022-2 Warrant final, Art 32 easements motion consent agenda, STM 2022-2 Art 3 remote participation motion draft, Art 34 draft motion 1 (limited), Art 34 draft motion 2 (hybrid only), Art 26 Nexus studies revised motion, Capital Stabilization Memo - High School/Police Station Impact, Select Board Report to 2022 ATM, 2022ATM, STM 2022-1 Select Board Position Working Document The Board took a brief recess from 9:01pm to 9:06pm. 3. Vote to Remove Member From the Semiquincentennial Commission (Lex250) Efforts to communicate with the member by the acting Chair of the Commission, the Select Board Office, and the Town Clerk’s Office, have all remained unanswered since the original appointment, which was made in April 2021. Pursuant to the Lexington Select Board Town Manager’s Act, specifically Sections 2 B & F, the appointing authority, in this case the Select Board, can remove a member for cause. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to remove Sara Sadeghi as a member of the Semiquincentennial Commission (Lex250) to be effective immediately. DOCUMENTS: Letter of Intent to Remove from Semiquincentennial Commission (Lex250) - S. Sadeghi, Lexington Select Board-Town Manager Act Excerpt - Pages A201:18 thru A201:19, Semiquincentennial Commission (Lex250) Charge 4. Reserve Fund Transfer Request for Drainage Repairs at Pine Meadows Golf Club The Pine Meadows Golf Club has experienced drainpipe issues, and the recent failure of a drain has caused flooding. The Recreation Department is requesting a Reserve Fund transfer to complete the drainage work in the coming weeks to avoid further damage. There will then be a current year budget adjustment and an equal amount from the Enterprise Recreation Fund to the Reserve Fund under Article 21. Ms. Kosnoff noted that the Appropriations Committee reviewed this item and voted to approve this item. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve the transfer request of $174,000 from the Reserve Fund to the Pine Meadows Repairs account, for the purpose of completing drainage repairs at the Pine Meadows Golf Course. DOCUMENTS: Reserve Fund Transfer Request_Pine Meadows Drainage 5. Approve Public Employee Committee (PEC) Agreement Ms. Barry recused herself from this item. Mr. Malloy reviewed some minor updates to the PEC agreement. The PEC members have agreed on the proposed agreement. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 by roll call to authorize the Town Manager to execute the agreement with the Public Employee Committee, as attached. DOCUMENTS: PEC Agreement Ms. Barry rejoined the meeting. 6. Town Manager Performance Appraisal and Goals Review Ms. Hai reiterated the Board's thanks to Mr. Malloy, as reflected in the review, both to his dedication, and his skill in municipal management, all of which he brings to the Board and to the Town of Lexington. She also thanked all of the staff and community members who participated in the 360 review which was conducted in order to inform the review. She recommended that the Board and the Town Manager consider meeting with the prior facilitator, Mr. John Wartman, to have a discussion and a work session on how both parties work together following conclusion of Town Meeting. Mr. Malloy noted that he may have a few follow-up comments for further discussion on some of the ratings made on the review. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to accept the Town Manager Performance Evaluation and to place it in Mr. Malloy’s personnel file. DOCUMENTS: 2020-21 TM Performance Evaluation with '21-22 Goal Priorities The next regularly scheduled meeting of the Select Board will be held prior to the start of Annual Town Meeting on Monday, March 28, 2022 at 7:00pm via remote participation. ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 9:24 p.m. A true record; Attest: Kristan Patenaude Recording Secretary