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HomeMy WebLinkAbout2022-09-06 SB-min Select Board Meeting September 6, 2022 A remote participation meeting of the Lexington Select Board was called to order at 5:06 p.m. on Monday, September 6, 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. Prizio, Select Board Department Assistant. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town’s website. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS & LIAISON REPORTS 1. Select Board Member Concerns & Liaison Reports Ms. Hai explained that Ms. Prizio will be copying all members of the Board on the filing of the agenda on Thursdays. Agenda items will be divided into the categories as discussed: brainstorming, informing, prioritizing and decision-making. This will clarify expectations among the Board, and also inform the public regarding the type of discussion to be had. The Board will generally take public comment during the meeting on topics where a decision is to be made, though not typically on items that are categorized as brainstorming or informing, though this will be decided on a case-by-case basis. The Town Manager’s weekly written report will be included on the agenda, and therefore his oral report will more be focused on updates towards relevant goals. Ms. Barry also noted that there is a public request to have a military flag ceremony on the Battle Green on Sunday, October 2, 2022, in memory of Winston Pat Flynn. The Board could discuss at its next meeting, consideration of lifting the current restriction to carry out events on the Battle Green as construction is nearly complete. Ms. Hai agreed that this could be addressed at the next meeting. TOWN MANAGER REPORT Mr. Malloy suggested that the Board schedule the six-month follow-up to its last retreat on January 11, 2023. He explained that the bids for the Center Recreation bathhouse came in significantly over budget. The Town had budgeted approximately $780,000 for that project, and the bids came in approximately $350,000 over budget. The Board could consider placing this on the November Special Town Meeting ballot or using ARPA funds for it. DOCUMENTS: Weekly Report CONSENT AGENDA 1. Select Board Committee Appointments & Resignation To appoint Mary Hutton and Susan "Sue" Steering as full members of the Town Celebrations Committee for three-year terms set to expire on June 30, 2025. To appoint Dodd Harter and Kristen Pulkkinen to the Town Celebrations Subcommittee for one-year terms set to expire on June 30, 2023. To accept the resignation of Vishwanathan "Vishy" Krishnamoorthy from the Vision for Lexington Committee effective immediately. DOCUMENTS: 2022 Town Celebrations Committee Application - M. Hutton, Email From TCC Chair - M. Hutton, 2022 Town Celebrations Committee Application - S. Stering, Email From TCC Chair - S. Stering, 2022 Town Celebrations Subcommittee Application - D. Harter, 2022 Town Celebrations Subcommittee Application - K. Pulkkinen, Resignation Letter - V. Krishnamoorthy 2. Accept and Sign Easement – 53 & 55 Watertown Street Parking and Nature Trail To approve the attached easement for trail access and parking and to authorize the Select Board to execute the attached document. DOCUMENTS: Memo, Easement Agreement 3. Approve Select Board Meeting Minutes To approve and release the Select Board meeting minutes of: July 25, 2022, August 8, 2022 and August 15, 2022 DOCUMENTS: Draft 07252022 Select Board Meeting Minutes, DRAFT 08082022 Select Board Meeting Minutes, DRAFT 08152022 Select Board Meeting Minutes 4. Approve Lowering the Battle Green Flag on September 11, 2022 To lower the Battle Green Flag on Sunday, September 11, 2022, the anniversary of the 9/11 attack on the United States and in memory of all those who lost their lives. 5 Dissolve Ad Hoc Grain Mill Alley Steering Committee To dissolve the Ad Hoc Grain Mill Alley Steering Committee. DOCUMENTS: Ad Hoc Grain MillAlley Steering Committee Charge 6. Approve and Sign Proclamations: Sustainable Food Systems Day 2022, Childhood Cancer Awareness Month and Suicide Prevention Month To approve and sign a proclamation recognizing September 20, 2022 as Sustainable Food Systems Day. To approve and sign a proclamation recognizing the month of September 2022 as Childhood Cancer Awareness Month in the Town of Lexington. To approve and sign a proclamation annually recognizing the month of September as Suicide Prevention Month in the Town of Lexington. DOCUMENTS: 2022 Sustainable Food Systems Day Proclamation, 2022 Childhood Cancer Awareness Month Proclamation, 2022 Suicide Prevention Month Proclamation 7. Approve Recommended Parking Regulations – One-Hour Parking Spaces in Front of 93-97 Massachusetts Avenue To modify the Lexington Traffic Rules and Orders, Chapter 192-18 Schedule 1 - Parking Locations and Prohibitions to alter the three unmarked parking spaces adjacent to 93-97 Massachusetts Avenue to be limited to one-hour parking. DOCUMENTS: TSC Request to Amend Parking Regulations 8. Approve Theater License Renewals To approve the application and issue two Theater Licenses to Lexington Theatre Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies from September 1, 2022 through September 1, 2023. 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. Water and Sewer Abatement Appeal – 12 Curve Street Ms. Hai explained that an appeal to the Water Sewer Abatement Board (WSAB) application was submitted in May for their 6/16/22 meeting and was denied by the Water Sewer Abatement Board for lack of evidence. This is a rental property and the homeowner said he questioned the tenants about their usage, and they insisted they had no leaks. The meter was retrofitted in January and has never displayed a leak. This application was denied as there was no explanation for the increased usage. Mr. Cataldo explained that this rental unit has one bathroom, one kitchen, and no exterior water. Every six months, the water usage has been in the high 20s, or low 30s, but the last bill he received was for 120 HCFs. It seems that the abnormal usage happened between September 13, 2021, and when the meter was retrofitted on January 14, 2022. Vyctoria Walsh, WSAB, stated that the spike would have been from usage and not from the new equipment installed. Approximately 11,000, or 75%, of these meters have been retrofitted in Town. There was only one other instance of an inexplicable spike, and that came from a meter which failed the meter test. She noted that the spike in question could have been from someone leaving a faucet on for some period of time. Mr. Cataldo stated that he is unclear as to how long a faucet would have to be left on in order to run approximately 75,000 gallons of water through it. He noted that he questioned the tenants, and they are adamant that nothing similar to this occurred. In response to a question from Mr. Pato, Ms. Walsh explained that retrofitting the device only changes the endpoint of the existing meter, allowing for usage to be read online. In response to a question from Mr. Lucente, Ms. Walsh explained that the retrofit process doesn't involve removing any meters. Essentially, the contractor removes the existing reading device and rewires and programs an endpoint device. The endpoint devices allow for the meters to be read online and can show usage as frequent as hourly. In response to a question from Mr. Cataldo, Ms. Walsh stated that a reading was taken at the time of retrofit. The reading at the day of the retrofit was 404. Mr. Cataldo suggested that this reading could have been incorrectly noted or transcribed. Mr. Lucente stated that this seems like something went wrong beyond the usage. It seems highly unlikely that this spike could have happened without an error. In his personal experience, he has had issues with the performance and accuracy of the retrofitted device at his property. Mr. Pato stated that the meter in question is relatively new and was recorded on a regular basis. Typically, meters start slowing down as they age. It does not seem that this would be a normal failure mode for the meter and the meter seems to be recording fine now. It seems, in all likelihood, that this spike was due to usage, although he cannot explain how. Ms. Hai agreed that this does not follow the pattern of a failed meter, the meter was not touched during the process, and there is not evidence of a leak or water damage. There does not seem to be clear evidence on either side of the case. The Board is not the investigative body and normally this type of item is deferred to the body that is. Ms. Walsh stated that water meters do not fail in this way. In the one other case in which an inexplicable spike happened due to the water meter, that person’s usage continued to rise drastically. The meter in question has continued to perform normally after the spike. Mr. Sandeen stated that a sink faucet typically produces a gallon and a half per minute. At 1,440 minutes a day, a faucet would have to be left to run at full force for 35 days to achieve the amount of water spike seen in this case. A garden hose would only take 6 days to achieve the spike. Mr. Pato agreed with these numbers and noted that these numbers also could fit for a low-flow toilet. Mr. Cataldo noted that there is only one toilet, one bathroom, and one kitchen sink in this unit. There is no outside irrigation, and the outside spigot was not used during this time period. There was no broken pipe during that time period. Ms. Walsh explained that toilet leaks are often silent and can come and go. This is not out of the realm of possibility. Mr. Lucente stated that this is not plausible to him, as a leak would have had to be discovered before the next billing period, and it was not. Ms. Walsh noted that this situation is almost exactly like the 3 Patricia abatement the Board reviewed a year ago, which was denied. Ms. Hai acknowledged this, but noted that in this case, the Town intervened through a retrofitting and there has not been evidence on either side to prove what caused the spike. Ms. Walsh stated that the intervention would not have had an effect on this spike, as the reading was already high on the day of the retrofit. Mr. Cataldo stated that he is requesting this be abated to his normal usage amount. In the fall he submitted a good faith payment of $324.48. Mr. Pato stated that he was willing to consider an abatement to reduce the charge from the high-tier cost to the wholesale cost. But, having seen no indication that the meter itself is a problem, he would not support an abatement to reduce the charge to that of an average use. Ms. Walsh stated that the leak abatement calculation would equate to $1,044.56. Mr. Cataldo stated that this would be more palatable. Mr. Malloy noted that a low-flowing toilet would be able to cycle through the amount of water seen in this case in a little over 15 days. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to support an adjustment to the average usage billed at the appropriate tiered rate and the balance to be billed at the wholesale rate. DOCUMENTS: Request from T. Cataldo for appealto Select Board - 12 curve street regarding WSAB decision, 12 Curve Street Denial, 2022.07.14 WSABAppeal Denial Letter - 12 Curve Street, 12 Curve Street Calculations 2. Presentation – Lexington Housing Assistance Board's (LexHAB) Recommendation to Transfer to an Independent, Not-For-Profit 501c3 Organization Sarah Morrison, Executive Director of LexHAB, explained that LexHAB has been working with the Affordable Housing Trust Study Committee, as well as the Town, to assess a variety of options. Together the recommendation is that LexHAB become a 501c3 by means of a Home Rule Petition to the State legislature. She explained that LexHAB is made up of three part-time staff and nine board members. For the majority of the organization's existence, it was run solely by the volunteer board. As an independent, non-governmental 501c3, LexHAB could produce affordable housing more quickly, efficiently, and economically than it currently can. In 2019, LexHAB’s development costs increased significantly due to public procurement law. As an independent nonprofit, LexHAB would be in a better position for fundraising from individuals and foundations and accessing State and federal funds because of clear tax- exempt status and clear division from the Town. There would also be the option to become a Community Development Corporation (CDC) and access community investment tax credit revenue. This would also make LexHAB eligible for partnering with larger developers without the constraints of municipal, finance, real estate, and procurement law. Ms. Morrison explained that LexHAB’s development costs would decrease up to 40% as a result of public procurement. However, as a 501c3, LexHAB would pay more for property insurance and would need to acquire Director and Officer’s insurance. If this item is placed on the special fall Town Meeting warrant and approved, it would allow LexHAB to file a Home Rule Petition with the State legislature by the third week of January in order to be considered a timely file. She noted that the Housing Corporation of Arlington is a great example of a neighboring town with a 501c3 Community Development Corporation (CDC) which offers a model for LexHAB. Arlington’s organizational status as a nonprofit has allowed for more efficient housing production. Ms. Morrison stated that the draft Special Act clearly separates LexHAB from the Town, and transfers ownership of the 78 units to LexHAB, the nonprofit organization. It noted that, if for any reason LexHAB were to dissolve, the properties would revert to the Town or affordable housing organization of the Town's choosing. Also, the LexHAB organizational structure would remain the same, and LexHAB would be exempt from public bidding requirements, while maintaining connections to the Town for reporting. Kathryn Roy, Chair of the Affordable Housing Trust Study Committee, stated that the Committee supports this proposal and that it would be very difficult to create a CDC from scratch. Mina Makarios, Town Counsel, explained that this proposal will bring LexHAB to what many surrounding communities are pursuing in a faster way. It does not detract from having an Affordable Housing Trust. This gives one other vehicle for the Trust to be able to fund projects and give money to a partner entity as needed. In response to a question from Ms. Barry, Mr. Makarios stated that pursuing this through a home rule petition to amend the enabling legislation effectively authorizes the transfer of LexHAB’s portfolio of properties wholesale. This will not create a new entity; it will take the entity that exists and transform it into an independent nonprofit, with all of the assets and liabilities that go with it. This will mostly be a seamless transition. In response to a question from Mr. Malloy, Mr. Makarios stated that one of the advantages of the Affordable Housing Trust is that it removes the procurement piece. It doesn't necessarily always remove prevailing wage, but it will often do that as well, if acting as a private nonprofit. In response to a question from Ms. Barry, Mr. Makarios stated that an affordable housing trust would be a new mechanism as a statutory scheme, which allows a separate Town body to make investments in affordable housing, without further appropriation from Town Meeting. Ms. Hai stated that there appears to be Board support for this item. She encouraged LexHAB to work with Ms. Axtell regarding placing a warrant article for this on fall Town Meeting. She also stated that public outreach will be very important. DOCUMENTS: LexHab Presentation - change to 502c3 Oranization, Proposed changes to discuss for SpecialAct 3. Presentation – 2021 Communications Survey Results The Board tabled this item to later in the meeting. 4. Update on American Rescue Plan Act (ARPA) Mr. Malloy explained that following item requests are new. Human Services is proposing to update the old Muzzey Senior Center into a multi-use space that would be primarily used as an Adult Day Health Center during the week. Human Services would also like to explore the idea of utilizing part of the space for the food pantry storage and distribution. An Adult Day Health Center, under DPH guidelines, has to operate all on one floor. The first level of Muzzey is large enough for this purpose, with kitchen facilities and accessible bathrooms already present. A current Adult Day Health provider could sublease the space through an RFP process. The lower level could be updated to provide the food pantry with much needed storage and could allow them to distribute out of that space on Saturdays. This would require an adjustment to the deed restriction to allow for Saturday use and would also require full code adherence in regard to building, fire, etc. The Board previously asked for a cost associated with finishing the second portion of the roof at the Bridge School. The cost is approximately $1,525M. Mike Cronin is recommending that this be held off and rebid in 2023. Also, there are a number of items that the Board took under consideration at the August 8, 2022 meeting when there were only four Board members present. This can be reviewed and discussed. Finally, the Economic Development Department has been working on developing special events in the Center consistent with the Board's previous vote. Sandhya Iyer, Economic Development Director, is present to discuss this item further, if the Board so chooses. The Board previously requested an opinion on whether ARPA funds could be used to prefund the Affordable Housing Trust, and Town Counsel has presented his opinion, which is that it cannot be funded until the Trust is formally established. The Board may also want to consider funding the Center Recreation bathhouse, as discussed at the beginning of this meeting. Ms. Hai stated that the brick sidewalks for the Center and the Center Recreation bathrooms were voted on at Town Meeting. She does not feel comfortable overriding the originally proposed costs and using ARPA funds, without first bringing them to fall Town Meeting for project adjustments. The Board agreed. The Board concurred with holding off on the Bridge School proposed project. Mr. Lucente stated that he believes the uses proposed for Muzzey are appropriate and good uses for the space. The biggest question will be around code compliance for the property. Mr. Sandeen stated that he would like a complete briefing on the proposed Muzzey Senior Center project, including the outcomes we are trying to achieve. Mr. Pato stated that he would like the Board to reconsider some of the hybrid meeting technology proposed for rooms in the Town’s facilities. These are proposed to be displays for virtual meetings. Mr. Sandeen stated that his hesitation is piecemealing the hybrid meeting discussion instead of looking at things comprehensively. Mr. Pato agreed with requesting that staff compile a more comprehensive proposal for how to move toward hybrid technology to support all boards/committee in Town. The Board supported the funding for the hybrid meeting technology. Ms. Iyer explained that Mr. Pato’s suggestion regarding redeveloping the back of the East Lexington village was to get more support from the business owners and from property owners as to what improvements they would make to their own properties. Thus, a survey was sent around to ask which improvements owners plan on doing to their own properties. Four responses have been received, and the results will soon be sent to the Board for review. Also, included in that memo will be information on the Rapid Recovery Program, which was received through the State, including ten different recommendations, such as making improvements to the bike path and adding more wayfinding signage. The Board agreed that it was mostly in support of the redevelopment project. The Board discussed the ambulance replacement item. Mr. Lucente stated that he believes this is better handled through Town Meeting and current capital purchases. While he believes this is a worthy project, he does not see enough of a nexus to use ARPA funding for it. Mr. Sandeen agreed with Mr. Lucente. The Board noted that the straw poll was for 3-2 for using ARPA funding on this item, while all agreed that it could also be brought to Town Meeting. th Ms. Hai stated that she believes the item for the 250 Quincentennial Committee should go through Town Meeting, as she does not see the nexus for it to be funded through ARPA funds. Ms. Barry exited the meeting at 7:04pm. Ms. Hai stated that, as the Board was in agreement 3-2 regarding the ambulance replacement item via ARPA funds, that is how it should be pursued. Ms. Hai stated that she believes any of the proposed projects regarding replacement of carpeting and/or furniture should be funded through the Furniture, Fixtures, and Equipment budget, instead of via ARPA funds. Ms. Iyer explained that the Anthem Group has helped propose six events throughout the year to bring back foot traffic and help small businesses in Town. These include a fall kickoff party, a pumpkin festival, fall movie series, sip and shop nights, a Lexington winter garden event, and a wine and beer garden. The previously approved ARPA funding of approximately $150,000 would likely cover the cost for these events. Ms. Hai stated that the beer and wine garden should include local vendors. In response to a question from Mr. Pato, Ms. Iyer explained that the events are currently proposed on six different days but certain events, especially the Lexington winter garden, she would like to see spread out over multiple days. Mr. Lucente suggested that there be more discussion regarding which day of the week is best to hold the events and where is the most appropriate location to hold them. DOCUMENTS: ARPA Spreadsheet Updated, ARPA Vote SB 8-8-22, Center Events Presentation, Legal Opinion on ARPA - Affordable Housing Trust 3. Presentation – 2021 Communications Survey Results The Board retook this item at this time. Mr. Dugan stated this presentation will provide an overview of the results of the Town’s first communications survey conducted in the spring of 2021. The survey was developed to understand the effectiveness of the Town’s communications efforts, and to inform the development of the Town’s first communications plan. Sean Dugan, Public Information Officer, noted that he has received 95 responses so far regarding participatory budgeting. The deadline for submissions is September 16, 2022. Mr. Dugan explained that, in 2017, findings from the Town-wide survey clearly showed the desire for improved communications from the Town government to the community. Those findings led to the Town budgeting for the first ever Public Information Officer position to provide more uniformity in communications and outreach to the community. Since then, the Town has expanded its social media presence, created a well-read Town-wide newsletter, increased the use of non-digital forms of communication, expanded emergency communications, and made improvements to the Lexington website. Mr. Dugan thanked Dr. Marion Cohen, resident, and Town Meeting Member, who happily helped develop the communications survey questionnaire and subsequently assisted with some of the analysis of the results. Mr. Dugan explained that, in the section on availability and importance of public information, respondents were asked to rate the importance of the topic areas , as well as the Town's performance. Respondents made clear that both emergency notifications, as well as voting and elections, were top priorities. Just under 98% of respondents noted that emergency notifications were either extremely or very important to them, and 84% of respondents said voting in elections was either extremely or very important to them. There were a few notable areas for improvement. With regards to proposed changes in bylaws and regulations, about 45% of respondents rated the Town's performance as either fair or poor. In terms of the Town's performance as it relates to budget discussions and decisions, about 46% rated the Town’s performance as either fair or poor. The survey confirmed that using both digital and non-digital methods of communication are important to residents, and of particular importance were Code Red notifications, Town email lists, local news, media, and mailings. Mr. Dugan stated that an area of open-ended questions asked respondents about the five most important topics related to Town government. These responses were grouped into categories such as emergency information, schools, elections, taxes, budget and spending, and public health. Mr. Dugan stated that 71% stated they are either very or extremely satisfied regarding the timeliness of information provided by the Town. For accuracy of information provided, 82% said they are either very or extremely satisfied. Finally, regarding completeness of information, 70% said they are either extremely or very satisfied. When respondents answered the language spoken most often in their homes, there were 923 responses and 20 different primary languages were identified, with 94% stating that English is the primary language. It is important to note though, that the questionnaire was distributed only in English, and he recognized that this means it may have missed some residents. Future iterations will have an option for translation. Mr. Dugan stated that the results of this survey will help the Town develop its first Communications Plan. The results of the survey also confirmed that, even in a digital world, non-digital forms of communication are important. Also, the Town can be proud of how respondents felt about the timeliness, accuracy and completeness of information provided by the Town. There are also plenty of things that the Town can and will improve on moving forward. Mr. Lucente noted that one of the forms of communication that some residents use to receive information is public meetings. Mr. Dugan agreed that this should be included in a future iteration of the survey. DOCUMENTS: Communication Survey Presentation 5. Update on Select Board Goals & Implementation Mr. Malloy explained that the "Goals by Major Category" document has been updated to reflect the major categories of the Select Board's goals: Community Compass, Livable Lexington, Quality Services, Fiscal Stewardship, and Thriving Local Economy. The Board talked about how it will champion the goals for these groups. Ms. Hai suggested that Board members could use the liaison reports to talk about what progress is being made in any of the committees associated with these goals. Mr. Malloy noted that this demonstrates that there is an alignment between the Select Board goals and the goals that are given to Senior Managers. DOCUMENTS: Raftelis Report on Goals, Goals by Major Categories 6. Review Draft Select Board Report Submission for FY2022 Annual Town Report Ms. Hai explained that submission of reports for the FY22 Annual Town Report are due to the Town Report Coordinator in early September. The Board is being asked review and comment on the draft of Select Board's Report submission for the FY22 (July 1 2020 - June 30, 2021) Annual Town Report. She asked that Board members submit any edits to Ms. Prizio during the week, for review at the next Board meeting. DOCUMENTS: Draft Select Board Report - FY2022 Annual Town Report, Message of the Select Board - FY2022Annual Town Report EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining - Lexington Police Patrolman's Association (LPPA); Public Safety Dispatchers Union; Firefighters Union; Lexington Crossing Guards Union; Lexington Municipal Employees Association (LMEA); Lexington Municipal Management Association (LMMA) VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to enter into Executive Session under Exemption 3 at 7:43pm to discuss strategy with respect to collective bargaining. As an open meeting discussion, this item may have a detrimental effect on the bargaining position of the Town. The Board will not be returning to open session. ADJOURN VOTE: 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