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HomeMy WebLinkAbout2022-07-25 SB-min Select Board Meeting July 25, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:03 p.m. on Monday, July 18, 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. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS & LIAISON REPORTS 1. Select Board Member Concerns & Liaison Reports The Board discussed the report from Mr. Pato. DOCUMENTS: Select Board Concerns and Liaison Reports - July 25, 2022 TOWN MANAGER REPORT Mr. Malloy explained that an attachment regarding the Stormwater Enterprise Fund is being reviewed and possibly amended by Mr. Livsey. CONSENT AGENDA 1. Water and Sewer Adjustments To approve the above Water & Sewer Adjustments as recommended by WSAB on June 16, 2022. DOCUMENTS: WSAdj7-25-22 2. Approve Sale of the Hosmer House To approve the bid from John Carroll for $2.00 to purchase the Hosmer House and move it to a new location on Waltham Street, subject to all other permits being issued and further to authorize the Chair of the Select Board and Town Manager to execute any documents necessary to effectuate this vote. DOCUMENTS: Hosmer House Bid 3. Approve Select Board Meeting Minutes To approve and released the Select Board meeting minutes of June 27, 2022 and July 11, 2022 DOCUMENTS: Draft 06272022 Select Board, Draft 07112022 Select Board It was noted that the Hosmer House will be moved specifically to its new location on Blossomcrest Road, off Waltham Street. 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. Public Hearing: Noise Bylaw Special Permit - Night Work for Water Main Replacement on Lowell Street Ms. Hai opened the public hearing at 6:09pm. Ms. Hai explained that this is in regard to Phase 2A of the Town of Burlington’s Water Main Replacement project includes the installation of a 24-inch ductile iron water main along Lowell Street from Maple Street to North Street and North Street from Lowell Street to Adams Street in Lexington. A request for a special permit under the noise by-law has been submitted seeking approval to work during the nighttime hours of 7:00pm - 5:00am, Monday through Friday, to work in hours outside of peak commuter traffic to reduce delays along a major commuter corridor at the intersection of Lowell and Woburn Streets. The work would be scheduled following the review and approval of this application and was originally hoped to take place over the course of 4 nights between July 26, 2022 to July 29, 2022 but due to scheduling requirements may need to be pushed out to August. The attached application contains the detailed description of the noise generating activity that would transpire at the time of the night work. Fire, Police, and Health reviewed the application and have no issues/concerns regarding the request as it relates to their respective departments. The hearing notice was mailed to abutters within 300ft of the proposed work area. It was also advertised in the July 14, 2022 and the July 21, 2022 Lexington Minuteman Newspaper. Collin Stuart, PE, Wright Pierce explained that the proposal to shift work hours to nighttime is to help alleviate traffic concerns during construction. There would be one lane of traffic maintained. It was noted that the proposal is requested to be amended to shift the nighttime work out two weeks, to the weeks of August 8 and August 15, in order to first complete work within the intersection. The original request was for work to be completed from 9pm-5am, but the application has been amended to reflect 7pm-5am. All abutters will be provided with a copy of these updates. Mr. Sandeen asked if some of the loudest noises can be kept to the earlier work hours in order to least disturb residents’ sleep patterns. It was noted that, unfortunately, the work is going to require a use of the equipment during all of those hours. The nighttime work will be restricted to being just in front ofthe commercial businesses near this intersection. The goal is to have the 24” mainline work along the North Street and the Woburn/Maple Street intersection completed this year, with restoration work and final paving to occur next spring. Ms. Hai closed the public hearing at 6:23pm. It was noted that the work may occur for a total of eight nights, instead of four nights as originally proposed. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve a Noise Bylaw Special Permit for evening work to be conducted from 7:00pm to 5:00am for up to eight nights, Monday through Friday, the weeks of August 8, 2022 and/or August 15 2022, with notification to all abutters by mail and by hand required before commencement of work for the Town of Burlington’s water main replacement project at the intersection of the Lowell and Woburn Streets in Lexington. DOCUMENTS: Application for Noise Bylaw Special Permit 2. Appoint Members to School Building Committee Ms. Hai explained that the Select Board is the appointing authority for the MSBA required School Building Committee and the Committee needs to be appointed by July 31, 2022. Several of the seats on the Committee are dictated by the MSBA to be filled by particular functions or roles. Others are flexible, at the choice of the community. The Board has chosen to include three seats under that option. One is a member of the Select Board, and two are community representatives, one chosen by the School Committee, and one chosen by the Select Board. Mr. Pato is the Board’s representative. There have been suggestions to add members from the Finance Committees and the Sustainable Lexington Committee. Finance committee members may not be members of any other committee however, so liaison roles would be appropriate. Mr. Malloy explained that the Sustainable Lexington Committee will have a role, whether they have a member on this Committee or not, as the Board and School Committee both approved the Integrated Building Design and Construction Policy that requires the Sustainable Lexington Committee and the Permanent Building Committee to be involved in all construction projects. There are currently 12 recommended voting members for the School Building Committee. Mr. Pato stated that he would like to see full membership for the Sustainable Lexington member on the Committee and noted that the Capital Expenditures Committee individual will have a liaison role, per the bylaws. Ms. Barry noted that the Committee meetings will be subject to Open Meeting Law. Mr. Lucente and Mr. Sandeen spoke to the quality of the candidates they interviewed for seats on the Committee. Mr. Sandeen is in strong agreement with Mr. Pato, that the Integrated Building Design & Construction Policy was adopted with the intention that it would guide the Town’s biggest project in the the last 50 years and that a Sustainable Lexington committee member needs to be a member of the stakeholder group, and should be a member of the School Building committee rather than forming two groups that then need to interface with each other. A Sustainable Lexington committee member must be present for each meeting as a member, not just a liaison, to ensure the optimal outcome of this process. David Kanter, Vice Chair of the Capital Expenditures Committee and Precinct 7 Town Meeting Member, stated that he would like the Board to endorse his Committee’s participation in the School Building Committee process. Todd Rhodes, Sustainable Lexington Committee, stated that, regarding the Integrated Building Design and Construction Policy, he believes it is important for someone with that perspective to be involved from the very beginning of this project, from building orientation to decisions on systems, in order to deliver a building that meets the Town’s values, an efficient building that meets sustainable criteria. The Town has asked for these types of buildings and has been able to deliver on previous projects by following the Integrated Building Design and Construction policy. Valerie Overton, 25 Emerson Gardens, suggested that there be either a representative or liaison who has expertise in diversity, equity, and inclusion. Mr. Malloy explained that the list needs to be submitted this week for the Committee roster, but that this can, and likely will, be changed over the years. Mr. Sandeen said we approved the Integrated Building Design and Construction policy for a reason. It was designed to govern the building of the biggest project in the last 50 years. We need to live by our policy and should decide that a Sustainable Lexington committee member should be a member of the School Building Committee from the beginning. Ms. Hai noted that the Integrated Building Policy Committee stands, and it will have all of its granted authority. There are also two members of the Permanent Building Committee sitting on the School Building Committee, and that Committee is intimately integrated with the Integrated Building Design and Construction Policy Committee as well. She believes there should be liaisons from a finance committee and potentially from Sustainable Lexington as well. She is concerned with the size of the School Building Committee. Mr. Pato suggested that the School Building Committee could act as the stakeholder group under the Integrated Building Design and Construction Policy, rather than setting up two redundant committees. Mr. Sandeen explained that in the past on the Estabrook and Hastings projects, the School Committee appointed School Committee members, parents, the Select Board appointed representatives from the community and PBC members. We have a process that already works with a large number of stakeholders involved. Decision making was made by developing a process of consensus. Ms. Hai explained that there seems to be many questions about how the Stakeholder Committee under the Integrated Building Policy would work in contrast to or duplication of how the School Building Committee, which is governed by the MSBA, and its policies work. She recommended voting on the list, as proposed, with the addition of a liaison from the finance committees, and a potential temporary chair, Mr. Malloy, with the understanding that the list can be amended in the future. She requested Mr. Sandeen create a crosswalk, and comments from sustainable Lexington and the PBC on the crosswalk be created and submitted to the Board for further discussion of whether the stakeholder committee under the integrated building and design committee role could be consolidated with the School Building committee or whether they needed to remain separate. Ms. Hai read the list of proposed School Building Committee members: SBC member who is MCPPO certified: Mark Barrett, Public Facilities Project Manager; Local Chief Executive Officer: Joe Pato, Select Board Member; Administrator or Manager: James Malloy, Town Manager; School Committee Members: Kathleen Lenihan, School Committee Member; Superintendent of Schools: Julie Hackett, Superintendent of Schools; Local Official responsible for Building Maintenance: Mike Cronin, Public Facilities Director; Representative of Office authorized by law to construct school buildings: James Malloy, Town Manager; School Principal: Andrew Stephens, Principal Member knowledgeable in educational mission and function of facility: Julie Hackett, Superintendent of Schools; Local budget official or member of local finance Committee: Carolyn Kosnoff, Assistant Town Manager for Finance; Members of community with architecture, engineering and/or construction experience: Jonathan Himmel, Architect, PBC Chair, & Charles Favazzo Jr., Vice President Leggat McCall; and Other: Kseniya Slavsky, Resident, & Hsing Min Sha, Resident Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the School Building Committee for the Lexington High School Project as proposed, and to authorize the finance committees, at their discretion, to designate a liaison, and to further designate all members of the School Building Committee as Special Municipal Employees; Further, to appoint Jim Malloy as the temporary Chair of the School Building Committee. Mr. Sandeen asked if the Select Board will take this decision up again. Ms. Hai agreed and asked Mr. Sandeen to bring this issue back to the Select Board including comments from the Sustainable Lexington Committee and the Permanent Building Committee. DOCUMENTS: High School Building Committee 3. Update on American Rescue Plan Act (ARPA) Mr. Malloy reviewed additional requests for ARPA funding:  The DPW Director requested two additional electronic sign boards for communication;  The Economic Development Committee requested development of Store Façade Improvement Guidelines, replacement for the Parklet on Mass Ave, a Tourism Study requested by the Visitor Center, upgrades to the East Lexington area of the bike path;  The Recreation Department requested additional funding for outside shelters, sustainable financial aid efforts, broadband infrastructure to the Pool, Old Res, and Lincoln Field, replacing fabric furniture and carpeting at the Community Center, a water fountain replacement (Center & Lincoln), benches and storage sheds at recreation areas, and seven basketball hoops  The 250th Anniversary Committee requested funding for the website and promotional work, and a penny imprint machine  The Human Services Department requested bike racks for East Lexington, funding for the Blue Bike program, Uber gift cards, and Welcome to Lexington packets  The Town Clerk requested funding for ballot printing/mailing stst  The Town Manager requested a 21 Century Select Board Meeting Room and a 1 floor information screen/pictures  The IT Department requested interactive touch monitors  Human Resources requested an Administrative Assistant  The Fire Department requested a fire pumper overage, a new hose for the fire pumper, an ATV for EMS Services, an ATV for Forestry Services, and an ambulance replacement. Ms. Barry stated that she feels it important to set aside money through ARPA funding for affordable housing. Mr. Lucente stated that he would like to hear more information on some of the items but agreed with moving forward with a few of the items more aggressively, such as the DPW signs and the ATV for EMS Services. He also would like to hear more about Ms. Barry’s suggestion for affordable housing. Mr. Pato stated that he supports the DPW sign request, as it will hopefully increase communication to the public. He would also be interested in improving displays in some of the Town building rooms. He would also support the Parklet and the outdoor shelter items. Mr. Sandeen noted that the effect of COVID-19 on local businesses is likely not over yet. He would be interested in ensuring there is money to respond to economic issues for local businesses into the future, if needed. He agreed with the potential to use ARPA funds to prefund the Affordable Housing Trust. He would also be supportive of improving ventilation in the Town buildings. Mr. Lucente also noted that upgrades to the East Lexington bike path area could create an economic improvement overall for East Lexington. Ms. Hai stated that she agrees with using these funds to significantly seed the Affordable Housing Trust. Items that increase access for residents, such as the proposed water fountains and basketball hoops, would also make a difference for many. She supported the overages on the Fire Department equipment and the proposed ATVs. She would like more analysis on the proposed ambulance replacement. Improving the technology to make board meetings more accessible is important, but that does not necessarily relate to upgrading the Select Board’s room alone. She noted that the building itself has a poor rating and there should be more discussion regarding its future overall before planning to update the Select Board meeting room. She explained that she would also like to have further discussions regarding the water tower. Mr. Malloy stated that he believes an architect could be hired to examine the Select Board meeting room for updates both to technology and functionality. The meeting room is used by other boards and an upgrade could thus be helpful for many. He explained that additional staff is needed for certain services, but there is not space in the building to house them. He asked that the Board reconsider certain requests as items associated with loss of revenue, such as the outdoor shelters, and the fire truck. Mr. Sandeen and Mr. Pato suggested that Board members send their Yes, No, and Hold positions on each line item to Select Board staff and then bring that list back to the Board at the next Select Board Meeting. The Board agreed to review the list of proposed items and send opinions on each item to Ms. Katzenback. th Ms. Barry noted that, without ARPA funding, the 250 Anniversary Committee’s request for a website will not move forward until it can potentially be funded through the budget process. Sandhya Iyer explained that the Board had previously approved $100,000 to be provided to businesses in East Lexington to make store facade improvements to the back of the stores. As this process began, it became clear that guidelines will be necessary to make sure the funds are efficiently distributed. That was the basis for the Store Façade Improvement Guidelines item. DOCUMENTS: ARPA Update & Additional Requests 4. Discussion on Special Town Meeting Warrants Ms. Hai explained that, in the past few years, Board members have commented on whether Special Town Meeting in the Fall should be limited to articles that are necessary for operations for the fiscal year or have a time sensitive requirement. The Board reviewed several years’ worth of Annual Town Meeting and Special Town Meeting(s) articles. Mr. Lucente noted that too many articles put stress on staff and Town resources. Mr. Pato stated that he believes it is valuable to have the Special Town Meeting in the Fall available on a regular basis to make the Annual Town Meeting less onerous. The Board may just need to set a higher bar for articles submitted for the Special Town Meeting. Ms. Barry agreed to keeping the Special Town Meeting articles to items such as financial housekeeping or necessary staff items. Ms. Hai agreed with keeping items for the Special Town Meeting to those that are absolutely necessary. She noted that staffing is set up to operate a single Town Meeting, and an in-person one, at that, which is less onerous than the hybrid model being used. Mr. Sandeen stated that there seems to be plenty of real work that needs to be done in Fall Town Meetings, and that we shouldn’t try to force all decisions into one Town Meeting each year. The world is changing and demands on Town government are accelerating. Residents are asking for decisions more than once a year. We should recognize that there will be two Town Meetings each year. He supported prioritizing consideration of major warrant articles at the Annual Town Meeting. Mr. Malloy explained that the Board seems to agree that there needs to be a higher bar set for items to be considered. Perhaps boards and committees should include a statement as to why items need to be considered at the Special Town Meeting, so that the Board can determine whether it meets the bar. Mr. Lucente suggested that there be a clear timeline for submittal of article proposals to the Board. Ms. Hai stated that she would like the Board to discuss at its next meeting calendaring the process of a Special Fall Town Meeting and messaging that can incorporate the idea of a higher bar to be reviewed by the Board. The Board took a five-minute break at 8:04pm. DOCUMENTS: Town Meeting Articles - 2015 – Present, MGLCh.39,Sec.10 5. Update from Semiquincentennial Commission (Lex250) & Request for Funding Mona Roy, Vice-Chair of the Semiquincentennial Commission (Lex250), presented an update on the Commission. She displayed the logo chosen from the logo contest. Promotional materials have been created and discussions have begun with a website developer. Basic working groups, such as fundraising, publicity, community engagement & events, logistics, and governmental relations have been identified. A community stakeholder event is tentatively planned for October. The Commission is looking to engage with unique talents that exist in Town for the event. Ms. Barry explained that the Commission will be requesting Board agenda time this fall to have a deeper conversation regarding what is envisioned for the event weekend. A discussion regarding the budget for the event also needs to occur. The Commission is considering inviting some high-level dignitaries that will require additional security. The Commission does plan to launch a very robust fundraising campaign, but it is unknown how successful that will be. She noted that the School Department Representative seat on the Commission is still open. Mr. Lucente suggested that the Commission meet with representatives of the community groups to solicit and coordinate ideas well ahead of time. DOCUMENTS: Presentation - Semiquincentennial Commission (Lex250) 6. Update on Proposed LexSeeHer Monument and Location Jessie Steigerwald presented the LexSeeHer request seeking approval from the Select Board for the proposed monument design named "Something is Being Done" and its placement. “Something is Being Done” is a bronze sculpture designed by Meredith Bergman. It invites people to stand in the center of an arch among incredible women from across time. These women have made contributions to the Town economically, politically, intellectually, socially, and culturally. This work was designed for a particular site, on the corner of Mass Ave and Miriam Street. The Historic Districts Commission (HDC) has granted a Certificate of Appropriateness for the chosen site. The Monuments and Memorials Committee and the Tourism Committee support the design, but they do not support the site. The group then spent an additional four weeks gathering feedback from supporters and stakeholders to understand how people would react to an alternate site. This study showed that the originally proposed site remained the most feasible site, the most meaningful site, and the best site in terms of accessibility. There is no site that would have 100% consensus. People believe the proposed site will be a draw to the area, a public gateway to art, and good for local business. Those who are opposed to the proposed site have said that a less offensive and less visible site should be considered. They have stressed that the monument should not be near the Battle Green, the Minuteman, or the Visitor Center. LexSeeHer disagrees. The group believes that the monument carries on the theme of the pursuit of liberty and freedom, and that it will enhance the historic area with its beauty. The monument won't block the Visitor Center, the Minuteman, or any historic building. In response to a question from Ms. Barry, Mr. Pinsonneault stated that there is no concern regarding tree roots on the proposed site. Some of the funding will need to be used to include drainage and grading for the area. Ms. Barry noted that this monument gift will become Town property in the end. Ms. Steigerwald explained that she would not suggest that the Town accept this gift this evening. LexSeeHer has a contract with Ms. Bergman which has contingencies in it. She suggested that the Town review this contract, as part of a larger conversation. Mr. Malloy agreed to have Town Counsel review the agreement and bring a recommendation back to the Board after that review is complete. In response to a question from Ms. Barry, Ms. Steigerwald stated that an 18-month timeline for this project is still reasonable. Dawn McKenna, Chairman of the Lexington Tourism Committee, explained the Battle Green Master Plan was developed with hundreds of participants in a visioning process and putting the monument on the proposed site ignores the basic principles of that Master Plan. She suggested that the Board not vote on this tonight, and instead ask all involved to work together to find a prominent, agreed upon location. The proposal will dramatically change the lighting of the Visitor Center. Wendy Reasenberg, 16 Garfield St., noted that the construction of the base of the monument can be completed separately from construction of the sculpture. This gives the project some flexibility. If the site is approved, work can begin on the base, while construction of the sculpture happens separately. She stated that she believes history evolves and recommended approval of the sculpture as proposed. Bridger Mcgaw, 89 Meriam Street, spoke in support of the monument. He noted that Master Plans, such th as the Battle Green Master Plan, are meant to change over time. As part of the Town’s 250 anniversary, the community should remember the important role women have played throughout history. Matthew Schnall, 143 Cedar Street, noted how often proposals by and about women are met with tone policing, and with a reluctance to make space. He recommended that the Board the Select Board be receptive to this more inclusive vision of the Town's history, the visibility of women in it, and ultimately vote to approve the monument in the proposed location. Cindy Arens, 7 Kitson Park Drive, voiced her support for the monument in its proposed location. She noted that there are many nearby monuments dedicated to important men in the Town’s history, and that residents, visitors, especially all of our daughters and granddaughters, should be able to see that Lexington also values what women have contributed to the history of the Town. Marsha Baker, Tourism Committee member, noted that there was a minority vote regarding this item in the Committee, and one was hers. Lin Jensen, Precinct 8 Town Meeting Member, appreciated the inclusiveness of the women recognized and noted that very few women are featured in any statues around the world, including the United States. Lexington should be very proud that it can feature these women. She believes the proposed location is a good one and will be happy to see a monument that displays women and minorities. Mr. Lucente stated that a small group did its due diligence to try to find other alternate locations. He is unsure if delaying a vote this evening would alter the outcome. He believes this is a gift that the Board either needs to accept or not. A monument celebrating women is long overdue. While he is not in love with every aspect of the proposal, he believes it is a good idea which has merit. Ms. Barry agreed with moving forward with the vote this evening. She noted a concern that children may climb on the monument. In response to a question from Ms. Hai, Ms. Bergman stated that the monument will be anchored deeply into the ground. She noted that some subtle lighting on the monument is proposed, mostly for security purposes. Ms. Bergman explained that she thinks about safety, vandalism, durability, and maintenance, as much as art and sculpture. Mr. Sandeen stated that he believes there are highly desirable reasons for locating the monument in the proposed location, as it is where these women lived and worked, and where visitors can easily reflect on the contributions made by women that are central to the Town’s history, to our lives today, and also to our future. He explained that a records survey found that Lexington has monuments and memorials naming 227 men and six women; 38 times more men honored than women. He stated that Lexington’s first monument to women should be at the center of our community, so that the women we honor are no longer hidden figures, but are now recognized as central to our history, our lives today, and to our future. LexSeeHer’s monument should be the first of many monuments to women in the Town of Lexington. Mr. Pato agreed with moving forward with a vote this evening and stated that he hopes the Board is unanimous in support. Ms. Hai stated that she believes the process for this item has been followed as requested. Also, the support of the Commission on Disability for this particular location is not something that the Board should ignore. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the proposed location, identified site 15, located on Town-owned land at 1875 Massachusetts Avenue for placement of "Something is Being Done" monument, as presented in the proposed plans by LexSeeHer, contingent upon successful discussion or negotiation between and among LexSeeHer, Meredith Bergman, and the Town of Lexington, regarding any legal documents, and contingent upon obtaining any future Certificates of Appropriateness deemed necessary by the Historic Districts Commission. DOCUMENTS: Presentation - LexSeeHer Proposed Monument and Location, Commission on Disability memo regarding their vote for LexSeeHer, Monuments & Memorials Committee report - LexSeeHer June 2022 EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Litigation Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 9:25 p.m. that the Board go into Executive Session under Exemption 3 to Discuss Strategy with Respect to Ligation and not to reconvene in Open Session. Further, Ms. Hai declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. Adjournment for both Open Session and Executive Session will occur at the conclusion of the Executive Session. The Board will not reconvene in Open Session. ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 from the executive session to adjourn both the executive session and regular meeting at 9:53 p.m. A true record; Attest: Kristan Patenaude Recording Secretary