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HomeMy WebLinkAbout2022-08-08 SB-min Select Board Meeting August 8, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:16pm on Monday, August 8, 2022 via hybrid meeting services. 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 Mr. Lucente reminded Board members that the Select Board members’ scribed sections for the Annual Town Report are due to the office before the end of this month. DOCUMENTS: Select Board Concerns and Liaison Reports - July 18, 2022 TOWN MANAGER REPORT Mr. Malloy noted that the Attorney General approved Annual Town Meeting Articles 31 and 35 but did not approve all of Article 28. This will need to go back before Town Meeting at some point in the future. Also, the affordable housing lottery for the Waterstone development is now open. He stated that Dave Pinsonneault recently met with the hired arborist and a group of residents near the Center Recreation Complex area. Ten of thirty-five trees in the area will be saved and twenty-five trees will be removed within the next couple of weeks. Finally, the Police Department is now completely housed at 173 Bedford Street. He thanked all of the staff involved in this complicated move. CONSENT AGENDA 1. Accept Fund Terms – Williams Family Fund To accept the terms of the Williams Family Fund, which will be managed by the Trustees of Public Trusts. DOCUMENTS: Williams Family Fund Terms 2. Approve Request for Deferral of Water and Sewer Payment To approve the deferral of FY2022 water and sewer payments for 21 Leonard Road. DOCUMENTS: Application for deferral of water and sewer payment - 21 Leonard Road 3. Approve Select Board Meeting Minutes To approve and release the Select Board meeting minutes of July 18, 2022. DOCUMENTS: DRAFT 07182022 Select Board 4. Select Board Committee Resignation To accept the resignation of Sara Arnold from the Transportation Advisory Committee effective immediately. DOCUMENTS: ResignationLetter-S.Arnold 5. Water and Sewer Adjustments To approve the above Water & Sewer Adjustments as recommended by WSAB on May 5, 2022 and July 14, 2022. DOCUMENTS: Water Sewer Adjustments 8-8-2022 VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Liquor License - Change of Manager - Bertucci's Restaurants, LLC d/b/a Bertucci's, 1777 Massachusetts Avenue Mr. Lucente stated that Bertucci’s Restaurants, LLC d/b/a Bertucci’s has submitted all the necessary paperwork requesting approval for a Change of Manager on their All-Alcohol Common Victualler Liquor License. The proposed manager, Randy Melnick, submitted a current Alcohol Awareness Training Certificate. The required CORI check has been completed. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve Bertucci’s Restaurants, LLC d/b/a Bertucci’s application for a Change of Manager naming Randy Melnick as Manager and upon ABCC approval, issue an updated Liquor License to Bertucci’s Restaurants, LLC d/b/a Bertucci’s, located at 1777 Massachusetts Avenue reflecting the change of manager. DOCUMENTS: Bertuccis liquor license change of manager application 2. Liquor License - Change of Manager - Lexington Lodge #2204 B.P.O.E. of U.S.A., Inc., 959 Waltham Street Mr. Lucente stated that the Lexington Lodge #2204 B.P.O.E. of U.S.A., Inc., has submitted all the necessary paperwork requesting approval for a Change of Manager on their All-Alcohol Club Liquor License. The proposed manager, Audrey Martignetti, submitted a current Alcohol Awareness Training Certificate. The required CORI check has been completed. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve Lexington Lodge #2204 B.P.O.E. of U.S.A., Inc.’s, application for a Change of Manager naming Audrey Martignetti as Manager and upon ABCC approval, issue an updated Liquor License to Lexington Lodge #2204 B.P.O.E. of U.S.A., Inc., 959 Waltham Street reflecting the change of manager. DOCUMENTS: Elks Liquor license change of manager application 3. Battle Green Flag Request - Manheim Township Police Department Mr. Lucente explained that Marc Valenti, DPW Manager of Operations, was contacted by Officer Mark Shivers, Manheim Township Police (PA) via email seeking permission to fly a flag over our Battle Green. The flag would essentially be raised, fly for a minute or two, then be lowered, or the Town could provide retired flag, for the purposes of auctioning for the proceeds to support maintenance of Fort Mifflin. All older flags previously flown over the Battle Green already have been properly disposed of by the DPW, so Officer Shivers would provide the flag. The flag would be auctioned via a silent auction along with flags from other prominent historic locations (and ships around the country) and the proceeds would benefit the maintenance of Fort Mifflin, in Philadelphia, PA. Officer Shivers explained that a few months ago he started a program to collect tattered American flags. In the last few months, he has already collected over 1,800 flags. This idea grew into an event called Celebration of America. One of the main focuses of the event is to raise funding for Fort Mifflin. A silent auction will be held to raise funds as well. This event will be held on September 3, 2022, from 1pm-8pm. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve flying a flag over the Battle Green and providing it to Officer Mark Shivers of the Manheim Township Police Department to be donated for a silent auction to provide funding for the maintenance of Fort Mifflin in PA. 4. Voluntary Outdoor Water Use Restrictions Dave Pavlik, Water & Sewer Superintendent, stated that he is requesting the Board institute a voluntary water restriction from August 9, 2022 to October 14, 2022. This will urge residents and businesses to refrain from any outdoor water use between the peak demand hours of 5:30am – 8:30am daily. This includes restricting all irrigation and other outdoor landscape/turf watering, washing vehicles, rinsing driveways, filling pools etc. This is an annual request. In response to a question from Mr. Sandeen, Mr. Malloy explained that the Town, as a member of the Massachusetts Water Resources Authority (MWRA), cannot make water restrictions mandatory VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve a voluntary water restriction on any outdoor water use as recommended by Lexington Department of Public Works between the hours of 5:30am and 8:30am daily from August 9, 2022 to October 14, 2022. 5. Assignment of Police Officers at Polling Locations Ms. Barry recused herself from this item. Town Clerk, Mary de Alderete, explained that the Town Clerk's Office has had a long history of partnering with the Police Department, especially during elections. This item acknowledges the Select Board's authority to appoint, and respectfully requests that the purview of selecting Police Officers to oversee elections be returned to the Chief of Police, where it can best be managed in consultation with the Town Clerk and Town Manager's Office. Mr. Malloy explained that he contacted the Mass Municipal Association, who indicated that the legislative change for this item was made at a Conference Committee. It was not in the original bill that was passed by the House or the Senate. He believes that the Select Board likely does not want to vet which Police Officer should be stationed at which polling location, and that this could be more efficiently done by the Police Chief, in consultation with the Town Clerk and Town Manager. It was confirmed through the State Elections Division that a Police Officer is required to be at the polling location 100% of the time during the election. Mr. Pato stated that he has never observed an issue with this process as it was in the past, which gives him pause in considering why the legislative change was made. While he is open to considering this change in delegation, he does not wish to make it a permanent change at this time. David Kanter, 48 Fifer Lane and Town Meeting Member Precinct 7, stated that he believes this change shows the Board’s explicit support of the Police Department and he supports that. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 3-0 to designate the Police Chief, in consultation with the Town Manager and Town Clerk, beginning at the September 6, 2022 State Primary and all other elections in 2022, to assign specific police officers according to scheduling and availability, to provide a sufficient number of police officers, but not less than one, in each polling location at every election therein, to preserve order and to protect the election officers and supervisors from any interference with their duties and to aid in enforcing the laws relating to elections, as required by Section 72 of MGL Chapter 54 as amended by section 13 of Chapter 92 of the Acts of 2022. Ms. Barry rejoined the meeting. 6. Rescheduled Discovery Day Street Fair 2022 Request Mr. Lucente explained that the Lexington Retailers Association (LRA) has requested permission to reschedule the Discovery Day Street Fair, as the event in May was canceled due to inclement weather, to be held on Saturday, October 8, 2022 from 10:00am to 3:00pm in the following areas: Massachusetts Avenue, from Waltham Street to Meriam Street (both sides); and Depot Square; and Muzzey Street, from Massachusetts Avenue to the first private driveway; and Massachusetts Avenue, north-side sidewalk, from Edison Way to Waltham Street; and Visitors Center lawn. Mr. Lucente stated that permission is also being requested for the following: permission to erect a temporary sign on the Minuteman Commuter Bikeway behind 1775 Massachusetts Avenue during the event for publicity purposes, provision of free parking at the Central Business District parking meters, and no charge for parking in the Depot Lot on Discovery Day. The Police Department, Fire Department, Economic Development Office, and Department of Public Works have reviewed the request with no concerns. The Health Department will work with the applicant to provide the appropriate permitting for the food vendors/booths. The applicant shall work with the Engineering Department regarding the Center Streetscape status at the time of the event. The One-Day Liquor License for the requested Beer Garden will be applied for by the requester at a future date. In response to a question from Mr. Kanter regarding the proposed banner for the event, Mr. Lucente explained that this request will be handled through the Town Manager’s Office and will not be voted on by the Board this evening. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve restricting vehicular access in the following areas for the 2022 Discovery Day Street Fair to be held on Saturday, October 8, 2022 from 6:00am to 5:00pm: Massachusetts Avenue, from Waltham Street to Meriam Street (both sides); and Muzzey Street, from Massachusetts Avenue to the first private driveway; and Massachusetts Avenue, north-side sidewalk, from Edison Way to Waltham Street. Further, move to approve permission to erect a temporary sign on the Minuteman Commuter Bikeway behind 1775 Massachusetts Avenue during the event for publicity purposes. Further, move to approve free parking at the Central Business District parking meters, and not charge for parking in the Depot Lot on Discovery Day. Further, all approvals and locations are subject to modifications as may be required by Department of Public Works, Public Safety, Public Health, Engineering and/or Town Manager up to the time of the event. DOCUMENTS: 2022 Discovery Day Request - Rescheduled for October 2022 7. Approve Additional American Rescue Plan Act (ARPA) Funding Mr. Lucente explained that the Board had previously discussed approving those funding requests in which at least three Select Board members favored. There are a number of requests that have "holds" and Senior Managers are on hand to speak to these items, if needed. Mr. Malloy noted that the price for the electronic sign board has increased from $40,000 in the initial request to $43,600, which is reflected in the attachments. Also, the Town Clerk has determined that the original request for printing ballots will not work as proposed and she will continue to look into alterative options. The parklet proposal request is for $75,000. The outside shelter proposal request has increase in cost to approximately $75,000. The water fountain replacement at Center and Lincoln Parks is estimated th to cost $20,000. The adjustable basketball hoops are estimated to cost $10,500. The 250 Committee’s’ website and promotion request is estimated at $40,000. The bike racks for East Lexington are estimated at $7,200. The Fire Pumper overage is estimated to cost $82,882, and the new hose is estimated to cost $18,109. Finally, the ATV ambulance is estimated to cost $93,876. All of these items total to $466,167, and there is currently $6,731,993 left in the ARPA budget. Mr. Malloy explained that the Sustainability and Resilience Officer is considering contracting with a company called Abode, which offers training on heat pumps and also helps facilitate with residents interested in moving to an electric heat pump, heating, and air conditioning source. This would include a website with information for residents. The company would train individuals to become heat pump advocates for the community. The cost for this is approximately $16,400. Mr. Malloy also noted that two Board members previously indicated support for funding temporary HR staff out of ARPA funds. This temporary staffing request, which was recommended as part of the organizational assessment, may come back before the Board within the next couple of weeks. Mr. Malloy explained that there is some concern among local government advocates groups, like the Mass Municipal Association, that if Congress were to change in midterm elections there could be a clawback of remaining ARPA funds. A clawback would occur if the federal government requested any un-used ARPA funds back from the Town. Town staff has continued to bring forth projects to the Board that it feels will support community business and residents in hopes of using much of the ARPA funding, if possible. Mr. Pato stated that he would like to see ARPA funds considered for improving and monitoring air quality in buildings. He also considered incentives for private facilities, such as restaurants and stores, to consider improving air quality. Finally, he suggested considering fully funding the roof of the Bridge School, as the project is currently scheduled to be done in sections due to supply chain issues and costs. Ms. Barry stated that she would like to see an item included to use ARPA funds to help fund the Affordable Housing Trust. She noted that the Board may also want to discuss funding to help with hybrid meetings into the future. Mr. Sandeen echoed his colleagues’ comments regarding ARPA funding for affordable housing and also for upgrading and monitoring air quality in buildings. He also noted that he is in support of keeping some ARPA funding available in case there are additional financial impacts to local businesses which need to be addressed. Mr. Pato stated that he is unsure if funding the Affordable Housing Trust can be considered COVID- related. This is an ongoing issue that the Town needs to address. He would like to use these funds to create programs that have broad impact and provide the support to those who need it most. Mr. Lucente noted that $500,000 of this ARPA funding has been put aside for participatory budgeting. Mr. Malloy noted that all ARPA funds have to be completely obligated by the end of December 2024. There is a short window thereafter by which the funds then need to be fully expended. He stated that the IT Director’s request reads “interactive touchscreens,” but a more accurate description of the item is “large format displays for hybrid meeting rooms.” Dawn McKenna, 9 Hancock Street and Chair of the Tourism Committee, noted that one of the direct impacts from COVID was the closing of the Visitor Center and visitor operations of the Town. The Tourism Committee is very concerned that funds lost by both the Visitor Center operations and the Liberty Ride operations have not been replenished. Liberty Ride is still not operating at full strength, and this has had an overall impact on economics for the Town. VOTE: The Board took a vote on each of the previously reviewed ARPA project requests. Upon motions duly made and seconded, by roll call vote, the following requests for ARPA funds were approved by the Board: Department ARPA Funding Request Approved Cost Select Board Vote DPW Two additional electronic sign $ 43,600 Motion Passed 4-0 boards for communications ($15- $20K each) Human Services Bike Racks for East Lexington $ 7,200 Motion Passed 4-0 Econ. Dev/DPW Parklet $ 75,000 Motion Passed 3-1 Recreation Outside Shelters (Cost Increase) $ 75,000 Motion Passed 4-0 Recreation Water Fountain Replacement $ 20,000 Motion Passed 4-0 (Center & Lincoln) Human Resources Temporary Administrative $ 26,609 Motion Passed 4-0 Assistant Fire Department Fire Pumper Overage $ 82,882 Motion Passed 4-0 Fire Department New Hose for Fire Pumper $ 18,109 Motion Passed 4-0 Recreation Basketball Hoops (7) $ 10,500 Motion Passed 4-0 VOTE: Upon a motion duly made and second, by roll call vote, the Board voted 2-2 regarding Semiquincentennial Commission’s request for ARPA funds for website and promotion, thus the request was not approved. The Board discussed the other ARPA funding requests that were designated as a hold. Mr. Sandeen stated that he would like to see a more formal presentation regarding the East Lexington Bike Path landscape improvements project. Ms. Barry stated that she would like to change her vote to a ‘yes’ for the IT large format displays for hybrid meeting rooms item, and the temporary HR Administrative Assistant item. In response to a question from Mr. Sandeen regarding how the temporary Human Resources (HR) Administrative Assistant item is COVID-related, Mr. Malloy explained that this was one of the highest priority Program Improvement Request items which had to be bumped due to the fact that there was a significant drop in hotel/motel revenues due to COVID. Mr. Pato added that the load on the HR department has increased, as employees have been asking more insurance-related issues and needing more direct care provided through that Department. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 voted to approve ARPA funds for the temporary Human Resources Administrative Assistant ($26,609). The Board agreed that it would like to see a more formal presentation and hear from neighboring communities regarding the blue bike request. DOCUMENTS: ARPA Select Board Preferences, ARPA Update 8. Discuss Select Board Meeting Times The Select Board will discuss meeting start times as of Labor Day on Monday, September 5, 2022. The Select Board meeting starts times were moved from 7:00pm to 6:00pm for the summer months of July and August. The first Select Board meeting after Labor Day is on Tuesday, September 6, 2022. The Board proposed meeting to start at 6:00pm on September 6, 2022 and at 6:30pm for subsequent regular meetings. DOCUMENTS: Schedule of Select Board Regular and Work Session Meetings ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to adjourn the meeting at 8:15pm. A true record; Attest: Kristan Patenaude Recording Secretary