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HomeMy WebLinkAbout2022-05-09 SB-min Select Board Meeting May 9, 2022 A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on Monday, May 9, 2022 via hybrid 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; and 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 noting that some members and staff were participating in person in the Select Board Meeting Room using the Meeting Owl Pro device. The order of the agenda was amended to take up the Reorganization of the Board as the first item of business. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Reorganization of the Board (This item was taken up at this time) Ms. Katzenback, Executive Clerk, took nominations for Board Chair. Mr. Lucente nominated Ms. Hai for Chair. As there were no other nominations for Select Board Chair, Ms. Katzenback closed the nominations. VOTE: By roll call vote, the Select Board unanimously voted to approve Ms. Hai as Select Board Chair. Ms. Katzenback took nominations for Board Vice Chair. Ms. Barry nominated Mr. Lucente for Vice Chair. As there were no other nominations for Select Board Vice Chair, Ms. Katzenback closed the nominations. VOTE: By roll call vote, the Select Board unanimously voted to approve Mr. Lucente as Select Board Vice Chair. Ms. Katzenback called a brief recess so that Board members could take their places. Ms. Hai reconvened the meeting and returned to the order of the agenda. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Mr. Sandeen explained that he testified to the DPU on Thursday on behalf of the Select Board, reiterating the three recommendations made in the November 2020 letter. The AGO also provided comments to the DPU last week, which supported and reinforced the recommendations the Select Board made in the November 2020 letter. Ms. Barry noted that she will be asking Ms. Katzenback to send along an update regarding the Recreation Committee to all Board members. Ms. Hai explained that one of the neighboring communities mentioned to her that the Town’s Economic Development staff had been to their meeting and had presented to their community about what the Town is doing. They were very impressed with the work of the staff. DOCUMENTS: Select Board Concerns and Liaison Reports - May 9, 2022 TOWN MANAGER REPORT Mr. Malloy stated that the Town recently hired a new public health nurse, Kellyanne Coleman, and she will be starting within the next week. CONSENT AGENDA 1. Designate Semiquincentennial Commission (Lex250) Chair To designate Suzie Barry as the Chair of the Semiquincentennial Commission (Lex250) effective immediately. DOCUMENTS: Semiquincentennial Commission (Lex250) Charge 2. Approve and Sign Eagle Scout Commendation Letters for Andrew Kochi and Neel Meyyur To approve and sign letters of commendation congratulating Andrew Kochi and Neel Meyyur for attaining the highest rank of Eagle in Boy Scouting. DOCUMENTS: 2022 Eagle Scout Letter - A. Kochi - Troop 160, 2022 Eagle Scout Letter - N. Meyyur - Troop 160 3. Approve One-Day Liquor Licenses To approve a One-Day Liquor License for the Lexington Retailers Association for the purpose of serving beer and wine in a beer garden within a cordoned off area at the end of Muzzey Street* at Massachusetts Avenue during Lexington Discovery Day on Saturday, May 28, 2022 from 11:00am to 3:30pm. *The location for the Lexington Discovery Day beer garden is subject to modification as may be required by Department of Public Works and Town Engineering up to the time of the event due to potential work for the Center Streetscape Project. To approve a One-Day Liquor License for the Dana Home Foundation for the purpose of the Dana Home Foundation 2022 Grant Recipient Awards Reception to be held in the dining room of the Lexington Community Center, 39 Marrett Road, on Wednesday, May 18, 2022 from 6:00pm to 8:00pm. DOCUMENTS: 2022 Lexington Discovery Day Beer Garden Location Map, 2022 Lexington Discovery Day Beer Garden Procedures for Serving Alcohol, 2022 Dana Home Foundation Event Layout, 2022 Dana Home Foundation Procedures for Serving Alcohol 4. Approve Select Board Meeting Minutes To approve and release the Select Board meeting minutes of: February 15, 2022; February 28, 2022; March 9, 2022; March 9, 2022 Joint Select Board/School Committee; March 9, 2022 Joint Select Board/Planning Board; March 28, 2022; March 30, 2022; April 4, 2022; April 6, 2022; April 11, 2022; April 13, 2022; April 25, 2022 DOCUMENTS: DRAFT 02152022 Select Board, DRAFT 02282022 Select Board, DRAFT 03092022 Select Board, DRAFT 03092022 Joint Select Board and School Committee, DRAFT 03092022 Joint Select Board and Planning Board, DRAFT 03282022 Select Board, DRAFT 03302022 Select Board, DRAFT 04042022 Select Board, DRAFT 04062022 Select Board, DRAFT 04112022 Select Board, DRAFT 04132022 Select Board, DRAFT 04252022 Select Board, DRAFT 04252022 Select Board 5. Battle Green Use and Parade Requests – Town Celebrations Committee- REQUEST WITHDRAWN DOCUMENTS: TCC Withdrawal Letter to Select Board - Memorial Day 2022 6. Placement of Flags at Memorial Plaques on Battle Green for Memorial Day To approve Town Celebrations Committee to place small flags at the memorial plaques around the Battle Green on the morning of Friday, May 27, 2022 to be removed on the morning of Tuesday, May 31, 2022. 7. Water and Sewer Commitments and Adjustments To approve the above Water & Sewer Commitments. To approve the above Water & Sewer Adjustments as recommended by WSAB on March 17, 2022. DOCUMENTS: Commitments & WSABAdj 5-9-22 8. Select Board Committee Resignation To accept the resignation of Erin Sandler-Rathe from the Tourism Committee effective immediately. DOCUMENTS: Resignation Letter - E. Sandler-Rathe VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Reorganization of the Board (This item was previously addressed) 2. Grant of Location for National Grid – 15 Banks Avenue Ms. Hai opened the public hearing at 7:13 PM. She explained that this is a petition from National Grid at the request of the homeowners of 15 Banks Avenue. Town engineering has reviewed the request did not indicate any issues or any conflicts. Mr. Sandeen noted that he reviewed National Grid’s records for unrepaired gas leaks in Lexington and found that National Grid records two unrepaired gas leaks quite close to 15 Banks Avenue. The first leak is located at 28 Baker Avenue, 492’ away. This is leak number 7334001, which was reported in April of 2017. The second leak is located at 9 Butler Avenue, approximately 460’ away. This is leak number 7334000, which was reported about five years ago, also April of 2017. He requested that National Grid repair both gas leaks as a condition of the Select Board approving the location at 15 Banks Avenue. Mary Mulroney, National Grid representative stated that she would bring this issue to her supervisor. She noted that these are grade 3 leaks, but she will mention that they are urgent requests. Ms. Mulroney stated that National Grid respectfully requests the Board’s consent to extend an existing 2” plastic main with 34’ of two-inch plastic for the installation of a new gas service at 15 Banks Avenue in Lexington. Mr. Malloy stated the two items are totally unrelated. This application is for a specific residential connection, which has nothing to do with the other two gas leaks mentioned. Counsel has stated previously that the items would need to be tangentially related in order to condition one on the other. Mr. Sandeen stated that he believes the previous conversation stated that issues within 500’ of the requested grant location could be addressed at the same time. Ms. Barry stated that she supports the motion presented tonight and has good faith that Ms. Mulroney will pass along the Board’s concerns. She understands Mr. Sandeen’s request but stated that she does not believe the Board has a policy for this for gas items at this time. Ms. Hai closed the public hearing at 7:24 PM. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-1 to approve the grant of location request from National Grid to extend the existing 2-inch Plastic Main with 34 Feet of 2- inch plastic for the transmission and distribution of gas in and under the Banks Avenue in the Town of Lexington and for the location of the pipes, valves, governors, manholes and other structures, fixtures and appurtenances designed or intended to protect or operate said mains as depicted on plans titled GP-Lex- 1452379-22-64 to provide new gas service at 15 Banks Avenue, Lexington. DOCUMENTS: National Grid Petition - 15 Banks Avenue 3. Acceptance of Bench Donation – Sutherland Park Ms. Battite, Director of Recreation & Community Programs, explained that this request is being made on behalf of a local family who enjoys the Park and wants to create an additional place for people to sit. Mr. Lucente noted that the Board should likely review its policies as it relates to benches at some point in the future. In response to a question from Mr. Pato, Ms. Battite stated that she has not yet seen the bench design criteria from the Commission on Disabilities and will check to see if the proposed bench meets the disability design goals. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to accept the donation of a bench to the Town from Stephen and Laura Canham to be located in Sutherland Park in the designated area as described in the Recreation Committee memo dated May 2, 2022. DOCUMENTS: May 2, 2022 Recreation Memo-Canham Bench Donation (Sutherland Park), style of park bench for illustration 4. Farmers' Market Winery Request – House Bear Brewing Ms. Hai explained that the request is for House Bear Brewing to sell mead and cider at the Lexington stthnd Farmers Market during the 2022 season - May 31 - October 25, and on November 22. The request is for off-premise consumption only; there will be no sampling on site. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and sign a Special License for House Bear Brewing, LLC to sell Mead and Cider at the Lexington Farmers' Market from May 31, 2022 through October 25, 2022 and on November 22, 2022 for off- premise consumption. DOCUMENTS: Application Farmers Market for special permit for House Bear Brewing 5. Lexington Farmers' Market – Recap of 2021 and Preview of 2022 Markets Alex Flack, LFM Market Manager & Leslie Wilcott-Henrie, LFM President, addressed the Board. Mr. Flack gave a review of the 2021 Lexington Farmers’ Market season. The season was focused on allowing people to feel safe in the Farmers’ Market during the pandemic. The Market readmitted artisans and musicians about two or three weeks into the season, and eventually increased the farmers and vendors throughout the season to get back to pre-pandemic numbers. Each Market saw approximately 600+ people, on average. The Market continued to meet the increased demand of food assistance, hosting over $20,000 worth of SNAP transactions and supported many more through the farmers certified with the Healthy Incentives Program. The 2022 season will see up to 10 new farmers and vendors, for a total of around 36 farmers and vendors. The Market will also be bringing in a local food truck to help supply the community with local ready-to-eat food. The Board thanked the Lexington Farmers’ Market for their work and sent best wishes for a successful 2022 season. DOCUMENTS: Lexington Farmers Market Presentation 6. National Scenic Byway Grant Application for the Battle Road Scenic Byway Richard Canale and Jeanne Krieger, Battle Road Scenic Byway Committee addressed the Board. Ms. Krieger explained that the Battle Road has been designated as an All-American Road, which makes the Town eligible for this program of significant grants. The title of the project for which the letter of th intent was submitted on April 25 is the Battle Road Scenic Byway: Improving Safety, Access, and Resource Stewardship for the 250th Anniversary of the American Revolution. There are five components, one of which involves connecting the byway with adjacent paths and roads, which could well be bicycle paths and connections through the park. It will establish speed limits using context-sensitive design principles. Other items include management of vegetation and repair of stone walls along the byway, , development of interpretive signs, and possibly a phone application. The application is due June 30, 2022 and a letter of support will be sought from the Board once the application is fully developed. There will also be a request of the engineering staff to support the consulting work on the context-sensitive design. Ms. Barry asked about the timeline for this item. Mr. Canale explained that, if awarded, funds would need to be spent by 2025. The Board thanked Mr. Canale and Ms. Krieger for their efforts. DOCUMENTS: National Scenic Byways Program, Final BRSB Letter of Intent, FHWA Notice of Intent with Amendment 1 7. Battle Green Use Request – Lexington Historical Society Ms. Hai explained that the Historical Society is requesting permission to use the Battle Green on Saturday, June 4, 2022, from 12pm to 3:30pm for the purpose of Living History Day with the 10th Regiment of Foot. The group will be marching the perimeter of the Green at the top of each hour, followed by musket firing demonstrations at the midpoint of the Green. Each parade is expected to take approximately 15 minutes. This is one element of a larger event, tentatively titled “The Redcoats Are Coming!” Police, DPW, Fire and the Town Manager's office have all reviewed and raised no objections. Ms. Barry asked that the direct abutters of the Green be notified of this event. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the request of the Lexington Historical Society to use the Battle Green on Saturday, June 4, 2022 from 12:00pm to 3:30pm for the purpose of Living History Day with 10th Regiment of Foot (as part of a larger event tentatively titled "The Redcoats Are Coming!") to march the perimeter of the Green at the top of each hour followed by a musket firing demonstration at the midway point. 8. Review and Approve Response to Liquor License Compliance Check Violation Ms. Hai explained that on April 19, 2022 and April 26, 2022, the Lexington Police Department conducted alcohol compliance checks on fifteen establishments. The purpose of the checks is to ensure that those who hold liquor licenses adhere to the laws pertaining to the sale of alcohol. The Department does provide notice to the community when the checks are going to be conducted. On April 26, 2022, Upper Crust was found to be in violation of the liquor law during the compliance check. In accordance with the regulation, a written warning will be sent to Upper Crust informing them of the actions required to be taken as a result of the violation found during the compliance check conducted by the police on April 26, 2022. Compliance certifications must be returned to the office no later than June 30, 2022. In response to a question from Mr. Lucente, Ms. Katzenback stated that, if there should be a second violation within a three-year period, per the regulations, the business would be required to come in front of the Board for a hearing. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and authorize the Select Board Chair to sign the letter to be sent to The Upper Crust, 41 Waltham Street, informing of the actions to be taken in regard to the liquor license violation found as a result of the April 26, 2022 compliance check conducted by the Lexington Police Department. DOCUMENTS: Alcohol Enforcement Regulation, 1st Offense Letter - The Upper Crust 9. Discuss Hosmer House Request for Proposal (RFP) Submission Ms. Hai explained that Mr. Malloy issued another RFP to sell the Hosmer House to private entity this spring. One bid was received. Mr. Malloy explained that this is a roughly 1,400 s.f. house, with a 700 s.f. footprint. The proposal is to add a two-story, 400 s.f. footprint, to create a 2,200 s.f. residential structure. This will need to be approved by the Historic Districts Commission (HDC). There will also need to be a special permit granted by the ZBA, a variance regarding frontage, and approval from the Planning Board for subdivision of land. He noted that the proponent would likely feel more comfortable moving forward with the project if the Board would approve the proposed location of the house. Mr. Lucente stated that he believes the use of this building as a residential home will be a good one, and that the proposed location along Waltham Street will help to keep the building’s memory alive, as it is quite visible to the public. Mr. Pato stated that he agrees with the proposal and would like to see if approval will be granted from the HDC. Mr. Barry stated that she likes the proposed location and that the building will be used as a home. In response to a question from Mr. Sandeen, Mr. Malloy explained that the zoning that was approved allows for historic structures to be moved to lots that would not otherwise qualify to be lots but requires a special permit by the Zoning Board of Appeals. Mr. Malloy stated that he has contacted current and past chairs of the HDC and Historical Commission and will plan to present this to both groups at future meetings. Mr. Sandeen stated that he would support this, if the HDC approves it. Ms. Hai noted that this will come back before the Board if all necessary approvals are granted. Mr. Malloy noted that the demolition of the current Police Station does not require removal of the Hosmer House. David Kanter, Vice Chair of the Capital Expenditures Committee, asked if the funds available in the budget for moving and supporting the Hosmer House will still be needed as part of this venture. Mr. Malloy stated that these funds will not be needed, as part of this proposal. Some of the funds may need to be used, however, if utilities or town equipment needs to be moved as part of the project. DOCUMENTS: Draft Site Plan, GISMapofArea, Hosmer House Elevation 1, Hosmer House Elevation 2 10. Discuss Select Board In-Person Meetings Ms. Hai noted that the Board is currently operating under a special provision of State legislation which is due to expire on July 15, 2022. The Board will need to consider implementing a new plan on July 16, 2022, and likely before that. The Board has a number of options, including continuing to use the Select Board Meeting Room, while adding portable HEPA filters (and/or open windows), or using Battin Hall or Estabrook Hall in Cary Memorial Building to provide adequate spacing between Board Members. Most local communities have already started allowing the public in-person or are moving that way in the month of May. There are very few towns that are still conducting with remote boards and the public not allowed in-person. Mr. Lucente noted that he and Mr. Pato recently met to discuss the technology issues at hand. He explained that the acoustics in many of the rooms proposed for meetings are very bad. He stated that he believes the public should be allowed back in-person. Mr. Pato noted that many of the Town committees/boards are meeting in small rooms that do not have access to the kind of technology being utilized by the Board in the room it currently meets in. He is concerned with effectively managing public coming to meetings in-person and remotely at the same time. He would prefer that Board meet in Estabrook Hall for the short-term, due to the larger space and distancing available. He will likely wear a mask when meeting in-person for the time being, though he acknowledged it can be difficult to hear people speak while wearing one. Ms. Hai suggested that the Board could utilize alternate seating within the room for a time, allowing for 16-18 seats. Ms. Katzenback noted that, per Open Meeting Law, any member of the public that enters a meeting must be allowed to have a seat, until an overflow limit is reached. Ms. Barry stated that she believes it is time to let public back into the meeting room. She requested that staff practice laying out the room to find the best configuration. Mr. Sandeen noted that the CDC has issued warnings that Middlesex County right now is at high risk for COVID. The CDC says people who are 65 and older many of whom would be the people attending these meetings, are 100 times more likely to have extremely poor outcomes versus folks who are 30 years of age or younger. The CDC is recommending for high-risk counties that people wear a mask indoors, even if they're vaccinated and boosted. He agreed with looking into HEPA filters and other ventilation options. He asked if a hybrid option will still be available for those who wish to continue to join via Zoom. Ms. Hai stated that the Town needs to look into the technology options to allow this to work best. This might be a good use for an ARPA expenditure. There seems to be consensus to invite the public back into meetings, but also noted that remote access will not be eliminated. Mr. Kanter asked that each of the other board/committee chairs be asked their opinion on this matter. He suggested that the Board request the legislative representation to move forward with whatever form of legislation will come next as soon as possible, to allow the Town to put what it needs in place, technology or otherwise. 11. Discuss Select Board Liaison Assignments & Responsibilities Ms. Hai explained that there is not currently a Select Board policy which governs liaison roles. A policy was proposed in 2017, but not adopted. An updated draft is attached for Board discussion and review; follow up discussion or adoption to be scheduled at a subsequent meeting. The Board discussed its process for liaison assignments and responsibilities. The Board took a straw poll as to if liaison appointments should have term limits of two years, aside from particular exceptions. Mr. Lucente stated that he is in favor of the general idea, but it not sure yet what he would like the time limit set at. Mr. Pato agreed that he favors term limits for most roles but has not yet settled on an appropriate tenure; this may depend on subject matter. Ms. Barry agreed with two-year term limits. Mr. Sandeen stated that he believes two-year limits may be too short. Ms. Hai stated that she favors term limits, particularly for committee chairs, with the understanding that there will likely be extenuating circumstances. She would like to see a standard, two-year, expectation set. Ms. Hai asked that all members send schedules regarding when their committees meet to the office. DOCUMENTS: Liaison assignment history - Board Member Order, Liaison assignment history - committee order, DRAFT Select Board Liaison Policy, Select Board Projects List ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 9:11 p.m. A true record; Attest: Kristan Patenaude Recording Secretary