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HomeMy WebLinkAbout2022-03-09 SB-min Select Board Meeting March 9, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:30 p.m. on Wednesday, March 9, 2022 via Zoom remote meeting services. 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 Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining - Public Safety Dispatcher Union; Custodian Union; Police Superior Officers Union Ms. Barry recused herself from this item. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to enter Executive Session under Exemption 3: to discuss strategy with respect to collective bargaining - Public Safety Dispatcher Union; Custodian Union; Police Superior Officers Union, and to reconvene in Open Session following. It was stated that an Open Meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. The Board reconvened Public Session at 6:56 p.m. Ms. Barry retook her seat on the Board. PUBLIC COMMENTS – None SELECT BOARD MEMBER CONCERNS & LIAISON REPORTS 1. Select Board Member Concerns & Liaison Reports Ms. Hai congratulated those newly reelected and elected members of the community from the March 7, 2022 Town Elections. She thanked all who ran in the election. DOCUMENTS: Select Board Concerns and Liaison Reports - March 9, 2022 TOWN MANAGER REPORT - None CONSENT AGENDA 1. Water and Sewer Adjustments To approve the above Water & Sewer Adjustments as recommended by Water and Sewer Abatement Board January 27, 2022. DOCUMENTS: 1/27/22 WSAB Water & Sewer Adjustments 2. Accept Gift of Scoreboard to Recreation Department for Center Recreation Complex To accept the donation and approve the installation of a new, replacement scoreboard at the Center Recreation Complex – Center Field #1 as proposed in the Recreation Committee memo dated February 23, 2022. DOCUMENTS: Request to accept donation of replacement scoreboard at Center Recreation Complex Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve Consent Agenda Items 1 & 2. Pulled Consent Items: 3. Approve the Lexington Housing Assistance Board's (LexHAB) Updated Request to the Community Preservation Committee (CPC) for 116 Vine Street Construction Funds - PULLED FOR INDIVIDUAL CONSIDERATION, see below Mr. Burbidge, Chair of LexHAB, stated that this previously requested funding is to subsidize the construction of six units at 116 Vine Street. The full request to the CPC is for $5,655,526. The cost of these affordable housing units to the Town will be approximately $1,000,000, which is difficult to be comfortable with. This may not be in the best interest of the Town. LexHAB will not seek this funding and is not currently looking for a vote from the Board. DOCUMENTS: LexHab's Request to Update their CPC Funding Request for 116 Vine Street Construction Funds ITEMS FOR INDIVIDUAL CONSIDERATION 1. Joint Meeting - Select Board and School Committee  Discussion on Potential Lexington High School Construction Project  Status of LPS Statement of Interest Application  Next Steps and Considerations Regarding Massachusetts School Board Authority (MSBA) Process  Call for Special Town Meeting 2022-2 Kathleen Lenihan, Chair of the School Committee, called their committee to order at 7:23 p.m. Members attending include Sara Cuthbertson, Deepika Sawhney, and Larry Freeman. Along with Dr. Hackett, Superintendent of Schools and Sarah May, student representative. Dr. Hackett stated that the project was accepted for invitation into the eligibility period by the MSBA Board of Directors on March 2, 2022. Lexington now has 270 days (9 months) to prove its readiness to fund and manage the project. She suggested keeping the original $1.8M request for the feasibility study at this time. Mr. Cronin agreed that he believes this will be a competitive project that companies want to bid on. Mr. Malloy noted that the funds can be appropriated, and the School Building Committee can be set up, prior to the meeting with the MSBA in June. In response to a question from Ms. Barry, Mr. Malloy stated that, if the $1.8M is not enough for the study, an additional encumbrance request will be made. However, a majority of people involved are comfortable with this number as presented. In response to a question from Mr. Lucente regarding public input into the feasibility study process, Dr. Hackett stated that the process works best when many members of the community give input throughout the timeline. There will be steps taken to engage and educate the public. There is high motivation to make sure the community is engaged constantly during the process. The Building Committee takes the official votes, but this is the community’s project. Upon a motion duly made and seconded, by roll call, the School Committee voted 4-0 to request the Select Board hold a Special Town Meeting to appropriate funds for the LHS MSBA Feasibility Study. Ms. Hai stated that this item will be added to the Board’s Monday meeting packet for a vote. David Kanter asked if the Capital Expenditures Committee will be part of this process. Ms. Hai stated that this can be a conversation moving forward. Dawn McKenna, Precinct 6 Town Meeting Member, stated that she would like the Building Committee to be robust enough that the community feels heard. The School Committee ,by roll call, voted 4-0 to adjourned its committee at 8:05p.m. The Select Board continued onto the next item on their regular agenda. DOCUMENTS: Presentation - MSBA Capital Pipeline Process and Implications for LHS, Hastings Timeline, MSBA Sample Timeline, MSBA Approval Letter - Eligibility Period Invitation, Draft warrant language for STM 2022-2 The Select Board returned to 2. Accept and Sign Conservation Restriction - 53/55 Watertown Street Ms. Hai noted that the Conservation Restriction places 6.525 acres into preserved open space for the purpose of water quality protection and public access to trails. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and sign the Conservation Restriction dated 2-15-2022 from Lexington Senior Housing Owner LLC to the Town of Lexington, acting by its Conservation Commission, in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. DOCUMENTS: Lexington Conservation Restriction 102 Ref 17019 EEA Approved for Local Signatures, Metes & Bounds Description of CR Premise, Plan of Conservation Restriction Premises 3. Amendment to Battle Green Use Request – William Diamond Junior Fife and Drum 7:35pm Corps - Change in Event Time & Request for Lighting Ms. Hai noted that this request was originally approved at the Board’s February 7, 2022, meeting. The applicant is now requesting an extension of the time permitted, an area of the Green to be roped off, and to work with the DPW on lighting for the event. Ms. McKenna, Chair of the Tourism Committee, thanked the applicant for bringing this popular item forward again this year. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the amendment to the William Diamond Junior Fife and Drum Corps Battle Green Use Request for the change in event time for the annual Lexington Fife and Drum Tattoo on Friday, May 6, 2022 from 6:50pm to 8:00pm to now take place from 6:30pm to 8:30pm and to work with the Department of Public Works regarding the details of the newly requested roped off area and lighting on the Battle Green. *and all approvals and locations are subject to modifications as may be required by Department of Public Works, Public Safety, Engineering and/or Town Manager up to the time of the event. 4. 2022 Annual Town Meeting & Special Town Meeting 2022-1  Review Results of Town Meeting Member Association (TMMA) Survey Regarding In- Person Versus Remote Participation for Town Meeting  Discussion and Determination on Method of Participation for Town Meeting Ms. Hai explained that the TMMA undertook a survey of its members regarding remote versus in-person participation. Mr. Friedlich explained that 146 responses were received and 74.5% preferred remote participation. Many members noted that they may not participate if it is held in-person. Ms. Barry asked if staff has been polled on this item yet. Mr. Malloy stated that he asked the senior staff their opinion noting three staff members stated they preferred virtual, four preferred in-person, and two had no preference. Ms. Hai expressed concern over the 39% of TMMA members that noted they would likely not be able to participate in one or more session if held in person. Mr. Lucente asked about feedback from other communities on their processes. Mr. Malloy noted that Danvers, Weston, South Hadley, Wayland, Bedford, and Needham will be holding their meetings in- person. Burlington will be holding a hybrid session, and Arlington will likely be in-person. Mr. Lucente asked about the process of moving toward a hybrid solution. Mr. Pato stated that this may be attempted in the future, but not for Annual Town Meeting. Mr. Lucente stated that he believes there will be a loss of interpersonal interactions and ability for more distractions during remote meetings. Mask mandates are attempting to be lifted, and numbers across the State have dropped significantly. Certain items, such as mandatory mask wearing, could be used to mitigate concerns about meeting in-person. Ms. Barry stated that she will likely vote to hold the meeting in-person, in consideration of the employees, both municipal and school, who have been working in-person. Mr. Pato explained that many people have stated how they would like to hold this meeting. There is no less work involved in working remotely, than in-person. There has been a significant expression shown that many people are uncomfortable meeting in-person and will likely not come to some/all meetings. Mr. Sandeen agreed with Mr. Pato and stated that he is also influenced by the request of the Town Moderator, Chair of the TMMA, and the three-quarters of Town Meeting Members who have requested to hold this meeting virtually. Ms. Hai stated that the Board agreed to ask Town Meeting Members for their preference. This was heavily weighted in one direction. A significant increase in participation has been seen through remote meetings. A hybrid solution will likely be preferred in the future. Mr. Lucente stated that his concern is that not all Town Meeting Members or even all in Town has equal access to technology. This suggestion alienates these people. He would like to make sure efforts are made for those who need it. Ms. Hai noted that all Board members agree with this sentiment. Upon a motion duly made and seconded, by roll call, the Select Board voted 3-2 to approve the Moderator’s request for remote Annual and Special 2022 Town Meetings.  Select Board Article Presenters, Discussion and Positions The Board reviewed its position chart. Under Special Town Meeting, Article 2 – Appropriate for Police Station Construction, Ms. Barry asked that the Board take this up for further discussion at its March 14, 2021, meeting. Per Special Town Meeting, Article 3 – Authorize and Ratify Remote Town Meetings, this item will be IP’d. Article 7 – Climate Action Plan: Mr. Pato stated that the Sustainability Committee has not yet made a recommendation on this item. The group is waiting to see what the thoughts are of the new Sustainability Officer. Mr. Malloy stated that he will get something in writing from the Sustainability Officer for the Board to review. Article 8 – Appropriate for Comprehensive Plan Implementation: Mr. Sandeen stated that the Comprehensive Plan Advisory Committee has delayed its approval of this Plan and are not planning to meet again until April. The committee was also not sure of the status of the consultant on this project. More information on this item will be compiled for the Board to review. Article 10b – Wright Farm Barn Stabilization: Mr. Malloy stated that this funding is to stabilize the barn structure, and to fix and replace windows and gutters. Maintenance needs to be done to preserve this building for potential future use. Article 10e – Center Playgrounds Bathroom and Maintenance Building Renovation: Ms. Barry stated that the Recreation Committee is unclear on what the full request amount will be. There is also concern regarding if a portion of the Center Rec complex will be needed for the new High School. Mr. Pato stated that he would like to see a comprehensive plan for the entire area. The Board agreed that more information is needed on this item. The Board took a brief 3-minute recess at 8:49 p.m. It then tabled this item to later in the meeting, to take up its joint meeting with the Planning Board. DOCUMENTS: Presentation - TMMA Survey & Results, Recreation Committee Opinion - Article 25, GCC Opinion - Articles 12B & 12N, Art 33- Ratify Remote Town Meeting (ip), Art 36 draft motion. Refer to PB 3.7.22, Art 40 Motion to Refer to PB. 3.7.22, 2022 Consent Agenda, Art 3 STM Ratify remote town meeting (IP), BOH Letter of support - Article 28- Humane Pet Store, BOH Letter of support - Article 27 - Zero Waste, Article 16H Center Pool Water Heater, 2022ATM, STM 2022-1 Select Board Position Working Document 5. Joint Meeting – Select Board and Planning Board  Required Select Board Briefing on Draft Multi-Family Zoning for MBTA Communities Charles Hornig, Chair of the Planning Board, called the Planning Board to order at 8:54 p.m. Joining him were Board members Robert Peters, Michael Shanbacher, Melanie Thompson, Michael Leon, Robert Creech, and Acting Planning Director Sheila Page, and Assistant Town Manager for Development Carolyn Kowalski. Ms. Hai explained that the State requires that the Planning Board update the Select Board on the MBTA Communities draft guidelines. Ms. Kowalski explained that, as of January 2021, changes were made to MGL 40A, including a new section 3A that requires communities with MBTA service to allow multi-family housing as a right. Lexington is considered an MBTA bus-service community. A comment period on the draft guidelines closes on March 31, 2022. The multi-family area needs to be 50 acres minimum, with at least 25 contiguous acres. The unit capacity calculated for Lexington would thus be 2,462 units, and the minimum gross density must be 15 units per acre. At 15 units/acre, Lexington would need 165 acres, or approximately 1% of the Town. This area cannot be age-restricted and must be suitable for families with children. By December 2023, the Town will need to submit a proposed action plan. Within 90 days of adopting the necessary zoning, the Town would submit an application for compliance. There is no way to opt-out of these guidelines. The zoning changes needs to prescribe allowing multi-family housing.  Review Draft Comments for MBTA Communities Housing Draft Guidelines The Planning Board is requesting that the Select Board co-sign the response letter from the Town. The Select Board agreed to review this item in preparation to discuss it further at its March 21, 2022, meeting. The Planning Board adjourned its Board at 9:26 p.m. The Select Board returned to their regular agenda. DOCUMENTS: Presentation - MBTA Multi-Family Zoning Briefing, MBTA Communities Engagement Sessions - C. Kluchman, DHCD Presentation to League of Women Voters First Friday Forum, DRAFT Joint Planning Board/Select Board Letter with Comments to Executive Office of Housing & Economic Development  Select Board Article Presenters, Discussion and Positions The Board retook its discussion on the position chart at this time. Article 12a – Hartwell District Signage: Mr. Malloy explained that this is a request for district signage and safety signage. Mr. Sandeen stated that he supports the safety signage, but not the funding for branding signage. Mr. Pato agreed with Mr. Sandeen. Article 12n – Battle Green Streetscape Improvements: Mr. Lucente explained that he is waiting to hear feedback from the Masonic Lodge. Article 12p – Public Parking Lot Improvement Program: Mr. Malloy explained that there the future potential redevelopment of this area will not be known for some time. This project is to redesign some of the parking lots downtown. These lots are in fair/poor condition and the circulation within and between them are not adequate. The funding includes surveys, and conceptual plans to improve the overall efficiency of the area. Mr. Lucente, Ms. Barry, Mr. Sandeen, and Mr. Pato all noted that they are ‘yeses’ for this item. Ms. Hai stated that she will continue to be a ‘wait’ on this item. Article 16h – Town Pool Water Heater Replacement Mr. Sandeen asked about the proposed breakdown of funding on this item. He stated he would support the $3,500 funding allocated for design work, but was not convinced with the larger amount of funding proposed for construction documents. He asked if the Town Manager would be coming back to the Select Board for approval after the design work was completed. The Town Manager said staff would come back to the Board for approval before beginning construction. The Town Manager is expecting to bring the request for construction funding back for fall Town Meeting approval. Article 27 – Zero Waste Resolution (Citizen Petition): Mr. Malloy explained that these resolutions are presenting more gray areas to Staff. It is important to know if these proposed resolutions change the way operations are run. Mr. Pato pointed out the Town is at the end of the trash collecting contract and this is an important time for the resolution to shape how we move forward with our next contract. Mr. Sandeen agreed with Mr. Pato and stated that the proponents have presented an opportunity to save money by diverting food waste from the trash stream. He mentioned that other resolutions considered by Town Meeting, such as the systemic racism resolution, were not expected to identify potential costs. Article 30 – Amend Special Act – Planning Board and Town Meeting: Mr. Pato stated that he does not agree with expanding the ex-officio seats at Town Meeting. He would rather remove ex-officio seats. He does not see what problem this proposal is fixing. Ms. Hai explained that she does not agree with not putting the Planning Board on the same foot as the Select Board. Mr. Hornig stated that this is about the Planning Board being able to make routine motions at Town Meeting. It does not seem appropriate that the Planning Board must ask others at Town Meeting to vote to make their report. Article 31 – Amend General Bylaws – Reporting, Disclosing, and Assessing the Energy and Water Use of Large Buildings: Ms. Hai stated that smaller building owners expressed concern regarding this item. Mr. Pato stated that the Economic Development Advisory Committee reaffirmed its unanimous support of this item. Ms. Barry asked if this item would have an impact on staff and resources. Article 33 – Authorize and Ratify Remote Town Meetings: Ms. Hai stated that she believes this item will be placed on the Consent Agenda. Article 34 – Allow for Select Board to Call Remote Town Meeting: Ms. Hai suggested that the Board delay this item indefinitely at this time. Mr. Pato noted that, if the Board would like to be able to call a Town Meeting via hybrid session in the fall, it will be more difficult if this item is removed from the vote. Mr. Lucente stated that he is uncomfortable moving forward with this vote based on only one recent survey without any rules placed on it. Ms. Barry agreed to IP this item. Mr. Sandeen stated that he would like to hear from Town Council on the implications of IP’ing this item. He noted that Town Meeting Members have strongly mentioned wanting the ability to be able to hold meetings via hybrid session in the future, and it is unclear if that will be possible if this is IP’d. Ms. Hai, Mr. Lucente, and Ms. Barry all agreed with IP’ing this article. Article 36 – Amend Zoning Bylaw and Zoning Map – Mixed-Use Development and Multi-Family Housing: The Board agreed on this article being referred back to the Planning Board. Article 40 – Amend Zoning Bylaw – Sustainable Residential Incentives (Citizen Petition): The Board also agreed on this item being referred back to the Planning Board. 6. Discussion on Select Board Meeting Participation - In-Person/Hybrid/Remote Ms. Hai suggested that those Board members who feel comfortable begin meeting in-person again, while other members may continue to meet remotely, to carry out meetings in a hybrid fashion. Mr. Lucente stated that most of his liaison committees are also interested in returning to meeting in- person. He asked what the standard will be for these other Town committees. Mr. Pato asked if the Town has the facilities to add broad public access to its meeting rooms at this time. Mr. Malloy stated that the public will be able to meet in-person for board/committee meetings. Mr. Pato stated that he would prefer if the Board continued hybrid meetings for as long as possible, due to additional public participation that has occurred in this format. Mr. Sandeen stated that many of his liaison committees have expressed interest in continuing to meet remotely. The Board may want to allow flexibility for groups to make this decision on their own. The Board agreed to continue to hold virtual meetings until after Town Meeting, and then move to hybrid meetings. The Board agreed to continue public participation in their meetings via Zoom until after Town Meeting. The Board agreed to meet in a hybrid format with the School Committee on Monday evening. 7. Approve Collective Bargaining Agreements – Public Safety Dispatcher Union; Custodian Union; Police Superior Officers Union Ms. Barry recused herself from this item and exited the meeting. Mr. Malloy explained that the Police Safety Dispatcher Union agreed to a 2, 2, 2 increase, along with two steps onto the top of their pay scale. Also, Juneteenth will be added as a paid holiday. The Custodian Union also agreed to a 2, 2, 2 increase, and their uniform allowance was increased. Their detail rate was increased, and a new step 10 was added for the Head Custodian. Also, their bereavement leave was increased. The Police Superior Officers Union also agreed to a 2, 2, 2 increase and Juneteenth was added as a paid holiday, and a longevity stipend of 1% was added for those with over 20 years of service. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the contracts between the Town of Lexington and the Public Safety Dispatchers AFSCME Local 1703; Custodians AFSCME Local 1703; and Police Superior Officers IBPO Local 501 as negotiated and further to authorize the Town Manager to execute the contracts. ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to adjourn the meeting at 11:03 p.m. A true record; Attest: Kristan Patenaude Recording Secretary