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HomeMy WebLinkAbout2022-09-12 SB-min Select Board Meeting September 12, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:32 p.m. on Monday, September 12, 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. She thanked all who submitted comments prior to this meeting and noted that the Board would be taking public comment for item which there is a vote this evening. CONSENT AGENDA 1. Select Board Committee Resignation To accept the resignation of Anne Laurin Eccles from the Historic Districts Commission effective immediately. DOCUMENTS: ResignationLetter-A.Eccles 2. Approve and Sign Proclamation – Constitution Week To approve and sign a proclamation recognizing the week of September 17-23, 2022 as Constitution Week in accordance with Public Law 915. DOCUMENTS: 2022 DAR Constitution Week Proclamation 3. Approve and Sign Grant Agreement for Vynebrooke Village Preservation To approve the grant agreement between the Town of Lexington and the Lexington Housing Authority. DOCUMENTS: Vynbrooke Village Agreement 4. Remove Temporary Suspension of Permitting for Special Events on the Battle Green To lift the suspension on permitting on the Battle Green as of September 30, 2022. 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. Special Town Meeting 2022-3- Call for Special Town Meeting 2022-3, Approve Letter from Town Moderator for Inclusion in Special Town Meeting 2022-3 Warrant and Review Draft Warrant for Special Town Meeting 2022-3 Ms. Axtell stated that the Moderator has submitted a letter of request to hold the Special Town Meeting through remote participation. Citizen Petitions are due by 1:00 p.m. on Friday, 9/23/22 to the Select Board office. Official article documentation can be obtained from the Town Clerk's office during regular business hours (100 signatures are needed for Special Town Meeting). The Board reviewed each proposed Article. Ms. Axtell explained that bids were opened for the Center playground bathrooms and maintenance building, and they are overbudget at this time. The CPC is discussing whether to bring this forth for a supplemental appropriation at Special Town Meeting. She also noted that the language for the opioid settlement is being worked through with Town Counsel. Regarding the Article for creation of a Housing Trust, Ms. Kowalski explained that this does not require an act of the legislature. It requires the filing of a Declaration of Trust, which the Study Committee is working on and is very close to having a draft ready for review. In response to a question from Mr. Sandeen, Ms. Kowalski explained that the Housing Trust does not need approval from a Select Board. However, the Housing Trust Study Committee is opting to propose that above a certain amount, which the Trust is working to specify, the Trust would be required to go to the Select Board for approval. She believes the amount currently being discussed is approximately $1M. Mr. Sandeen noted that he believes the proposal is based around the median house price in Lexington, and that this could be considered to be updated each year. Regarding the Article for the Town pool domestic hot water heater, Mr. Cronin stated that the range for the options for this is between $30,000-$200,000. The Town will need to vote on which direction it wants to go in. Regarding the Article for the Center sidewalk extension, Mr. Malloy explained that the proposal is for approximately $700,000 to finish the Center streetscape project. Ms. Axtell explained that the Moderator is requesting to have the Special Town Meeting as remote participation. The team is reviewing enhanced options for IT support and possible places to have remote participation together. This will be reported back to the Board. Mr. Pressman, 22 Locust Avenue, stated that, regarding the LexHAB Article 28, the LexHAB units are not on the SHI. At this point they have been tenanted by people at very low AMI, which is the largest need in the Commonwealth. He asked if there is agreement about what standard LexHAB would use on AMI for those units in the future. Deborah Brown asked about the petitioners or those who are signing the petition interpreting signing early to mean that they are signing on to specific motion language. Ms. Axtell explained that the draft motion is just that, a draft. This is a working document until it is finalized. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to call for Special Town Meeting 2022-3 to begin on Tuesday, November 1, 2022 at 7:30 p.m. Further, move to approve the request of the Moderator that Special Town Meeting 2022-3, scheduled to commence Tuesday, November 1, 2022 at 7:30 p.m., be held through remote participation using a combination of: (1) the Zoom videoconferencing platform, (2) the online VVoter module provided by our electronic voting vendor, Option Technologies OR comparable online voting tool developed by Select Board Member Joe Pato, and (3) an online queuing function developed by Select Board Member Joe Pato to facilitate the process of debate. Further, move to open the Special Town Meeting 2022-3 Warrant for citizen petitions through Friday, September 23, 2022 at 1:00 p.m. DOCUMENTS: Draft technical correction fossil fuel article, Draft STM 2022-3 warrant 2. Update on Police Station Building Project Mike Cronin, Director of Public Facilities explained that this process was to investigate solar as part of the project for the Police Station. Tecton Architects has been hired to bring a design which fits better with this particular area, than some of the more commercial or industrial applications seen across Town. A presentation was made to the HDC regarding some concepts. There is an expectation that this will have to go before Special Town Meeting at some point. Jeff McElravy, AIA, Principal, Tecton Architects, explained that the project was estimated at $26.9M back in February. One bid was received under budget, CTA. CTA has created a rough timeline for the project. This includes, for the week of September 12-16, planning to start the temporary fencing at the site. Circa September, permitting and mobilization, with intention of reaching a substantial completion by March of 2024. March through June, CTA will complete a number of items for anticipated move in date in June 2024. Mr. McElravy explained that the proposed system will place 3,400 s.f. of efficient panels on the rooftop where they cannot be seen. The engineers anticipate a 335,000-watt system or a 335-kilowatt system. To offset the load of the Police Station and get to net zero, approximately 19,330 s.f. of canopy is needed. He showed a rendering of the proposed system options. Ms. Hai stated that she does not like the option which proposes to cover Fletcher Field. She noted that the Board spoke at the last Town Meeting to say that this work is continuing to find an appropriate solar design that is satisfactory to all stakeholders, including the Historic Districts Commission. The Select Board voted unanimously to support bringing whatever project is found to be satisfactory to the stakeholders to a future Town Meeting with a goal of having the solar project constructed at the same time as the Police Station to maximize efficiencies. She explained that the Integrated Building Policy, states that the Town will strive to net zero. She stated that she likes option B, as it fits with the building, and does not seem intrusive. She also liked the idea raised at the HDC meeting, speaking to the history of the area, and mimicking the railroad. She explained that the idea which referenced the LG panels with slots, had the vernacular of a railroad connectivity. She stated that keeping the parking and appropriateness with the Historic District are important for this project. Also, utility of Fletcher Field is critical for the community. Mr. Cronin noted that he is clear that the field is not to be built on. He also explained that the tree line near the bike path will be trimmed. Mr. Sandeen stated that he believes this project should be pursuing net zero. He stated that, under the Inflation Reduction Act, nonprofit organizations like the town of Lexington can now receive direct payments for the full value of the federal 30% investment tax credit for solar energy and for energy storage. This will make it much more cost effective for the Town to deliver net zero energy projects. Solar energy storage systems, like the one being proposed for the Police Station, will now likely pay for themselves in five or six years, while also delivering unparalleled resilience during power outages. He stated that there is an economic incentive and a resilience benefit to put as much solar as possible on site. He stated that he is in favor of the proposed LG panels. The existing trees, in general, are not going to be impeding the solar panels, other than some branches which hang over. He echoed Mark Connor’s comments, regarding the possibility to use solar on the field in a way that could enhance the use of the field. Mr. Pato stated that he is open to any of the options presented. He stated that he believes it is helpful to have the canopy come down to Mass Ave because it provides a covered area for picnic tables, stalls at the farmers market, or other uses of the field. He stated that he believes this proposal does contribute to use of the park by providing covered and protected areas. While he would prefer not to lose any parking, if the compromise would require loss of a few spaces, he could accept that. Ms. Barry stated that she is not in favor of placing solar along the face of the side of the building. She does not want to see the building covered and would like for it to be aesthetically pleasing. She stated that she believes Town Meeting did approve some funding to look at this entire parcel, including Fletcher field, holistically. She believes it is important to preserve the use of the park. She suggested that the Board have a joint meeting with the HDC to discuss this project. She explained that she does not want this project proposal rushed to be brought to Special Town Meeting this fall. Mr. Lucente stated that he prefers option B in the dark bronze with the Lumos solar panels. He also prefers separation in the back area, where two sets of panels are located, but allowing the channel to be open. He asked about lighting under the canopies. Mr. Cronin stated that there will be underlighting for all proposed canopies. In response to a question from Mr. Lucente regarding plowing in option B, Mr. McElravy stated that the tree structure in that option could potentially be raised higher to account for this. These details would need to be more thoroughly examined. Mr. McElravy stated that the lighting under the canopies will not be nuisance lighting and will be controlled down to the ground. Mr. Lucente stated that he believes this is an opportunity for the Town to take advantage of and, with the solar canopies in place in whatever form they may take, still make it feel like a park. Mr. Sandeen suggested that rather than asking the Board to choose between two types of solar panels, the Board could simply state that it would like to see light underneath the canopies maximized, so that the design team still has flexibility on a number of options to achieve that objective. DOCUMENTS: Solar Designs for Police Station Parking Area 3. Discussion on Solid Waste and Sanitation Services Jim Malloy, Town Manager; Dave Pinsonneault, Director of Public Works; and Maggie Peard, Sustainability Director, addressed the Board. Mr. Malloy explained that the Board needs to consider the renewal on the Town’s sanitation contract, for curbside sanitation and recycling, which will go into effect for FY24. Due to a number of reasons, there is a fairly sharp increase proposed for this contract. At the same time, there is a request to consider curbside composting. Mr. Pinsonneault discussed the proposed sanitation contract. He explained that manual collection is likely to be phased out within the next couple of years. The amount presented in the contract did include the company purchasing the carts for automated collection. If the Town was interested in purchasing these carts on its own, there are not a lot of grant opportunities for that at this time; also, the Town would then be responsible for maintenance of the carts. He explained that, due to a number of requests to get a curbside compost program for food waste collection, he has been working with another vendor on this potential idea. Mr. Malloy explained that proposals and cost estimates have been received from Black Earth regarding options for weekly, biweekly, weekly in Town, biweekly in Town, and then weekly private. He stated that he is looking for direction from the Board regarding different options for sanitation, such as a schedule for pickup and a number of other items which could lead to some cost savings, such as yard waste pickup. He would also like direction regarding a potential fee structure. Ms. Peard noted that one of the items in the Black Earth proposal is the question of whether or not they would be required to pay prevailing wage at the site. This is the determining factor of whether or not there will be cost savings per household. Ms. Hai stated that it is within the Board’s authority, pursuant Section 90-9 of the general bylaws, to change the terms of garbage removal. Mr. Malloy explained that the Town is not required to provide free trash removal. It could charge for curbside pickup without having a change in the bylaws. Mr. Pato stated that he would like the Board to receive guidance on this topic from the Waste Reduction Task Force. He asked how the Town is going to manage the sharply increasing costs of waste disposal, how the Town is going to meet the Commonwealth's 2030 Solid Waste Master Plan for reduction both of volume and types of waste, and how the Town is going to be removing organics from the solid waste stream. He stated that he believes the Town should pursue a curbside compost pickup this year. In response to a question from Mr. Pato regarding the consultant report for the Town’s waste reduction activities, Mr. Pinsonneault stated that he believes this will be presented to the Board in October. In response to a question from Mr. Lucente regarding the costs of manual versus automatic pickup, Mr. Pinsonneault explained that the increased cost for automated pickup is due to the cart purchase. The drivers for the manual pickup costs are workers compensation, prevailing wage, and that non-automated vehicles require two employees. Mr. Lucente stated that he believes the Black Earth concept is a good one that the community need to continue pursuing. However, it became clear years ago that people are hesitant to touch and deal with their trash and make a difference. He stated that part of livability for the Town is making services available which apply to all residents and all households that can be provided consistently. He does not believe the idea of moving to a biweekly pickup will sit well with many in the community. Mr. Sandeen asked for more information regarding the level of Mass DEP grants available. He likes the idea of curbside composting if possible. The Town could consider using the Town’s own composting facility to provide the maximum amount of flexibility into the future. He stated that he would like to see an option, though not necessarily a requirement, to move to every other week pickup included in the new trash hauling contract. His opinions on the fee structure will largely be based on an answer to the grant question. In response to a question from Ms. Barry regarding who sits on the Waste Reduction Task Force, Mr. Pinsonneault stated that he, Mr. Beaudoin, Ms. Peard, and Mr. Pato sit on that committee. Ms. Barry stated that the Town could consider beginning to charge for some items. She is a Black Earth customer and believes the Town should continue to pursue options with the company creatively. In response to a question from Ms. Barry, Mr. Pinsonneault stated that there is not currently an acre and a half of unused space at Hartwell to support composting. Ms. Barry suggested that a piece of Town-owned land adjacent to Hartwell be considered. Ms. Barry stated that the community needs to be included in all discussions on this topic. She stated that she believes the proposed fee structure can be discussed further once a breakdown of costs is received from the vendor. Ms. Hai agreed that the contract could likely include an ala carte menu for services. She is interested in seeing a breakdown of costs from the vendor. She supports the Black Earth idea but it unclear if there is money in the budget this year to move forward with it. DOCUMENTS: Black Earth Proposal, Black Earth Proposal Cost 4. Follow Up Discussion Regarding Stone Building Mr. Malloy explained that he and Mr. Cronin recently met with Marilyn Fenollosa, CPA Committee. to discuss timing and potential funding from the CPA Funds for design and construction of a renovation and a small addition on the Stone Building. Mr. Cronin recently engaged the architect to begin some conceptual plans. The schedule would include seeking funding at the 2023 annual Town Meeting for design work, and then doing the design during 2023-2024. Requests for construction funds would go before the 2024 Town Meeting, and bidding/construction would occur in 2024-2025. During 2023, an RFP for the use would be developed and advertised, so that the final user will be known before final design work is completed and any specific conditions can be incorporated into final design. There is a potential that no user is found and then the Stone Building will become another program space, similar to the Community Center or Cary Building. In response to a question from Ms. Barry, Mr. Malloy explained that the Department of Public Facilities has funding built into the budget that will be used to engage the architect to begin conceptual plans. In response to a question from Mr. Sandeen, Mr. Cronin stated that he does not feel comfortable making a guess as to the cost of this project at this time. The design work alone could cost approximately $200,000. Mr. Pato stated that his concern if no user is found for this space, is that there will not be adequate staff for programming in this building. He is hoping that the RFP for a user will proceed quickly. Mr. Lucente agreed with Mr. Pato and stated that he believes a proposed use for the building will be needed to present this at Town Meeting. Ms. Hai agreed that she believes the RFP is necessary before moving forward with a final plan for this building. The Board took a brief recess from 8:38pm – 8:42pm. 5. Discuss Committee Appointments Ms. Hai explained that the Board had reviewed the number of committees, the missions of committees, the structure of appointments and reappointments, the process for review of charges, for election, and for rotation of chairs, and for general committee operations. The Board has been concerned for years about how to equitably recruit and select applicants. It has considered interviewing applicants, rotation tenure, equitable distribution to committee roles, and overlap between committees and staff. The Board has received a lot on input from the community regarding the proposed memo on this topic. This is not a final proposal, but a jumping off point. Mr. Malloy explained that he began this process by listing out all of the different boards and committees, with the legal basis for each, so that there is information regarding what the legal process would be to make any changes to these groups. He explained that certain boards and committees have been created in Town and then, after some amount of time, it has been requested that the items dealt with by the group be taken over by full-time staff person. After that time though, the Town still has that board or committee working on the items as well. One example of this is Sustainable Lexington. He has made recommendations for each board and committee for the Board to consider. He believes that the Board should also have a discussion regarding term limits, charges, and updating charges on a regular basis. Town Counsel has suggested that changes to term limits be addressed via the bylaw. Ms. Hai asked Board members to comment based on the concept of changing the appointing authority, the recommendations regarding onboarding and term limits, such as whether terms should only apply to chairs or whether they should apply to all members of committees, and the dissolution of certain committees. She noted that the Board received specific information today from current or former chairs of committees to either confirm or negate the allegation that the committees were not still relevant. Mr. Sandeen stated that Lexington is a unique community filled with thought leaders, and nationally recognized experts on just about any topic. Its residents have deep institutional knowledge and a willingness to help. The reason that Lexington is considered one of the best towns in the country is because it has engaged citizens who care so deeply about the future of the Town. He would like to continue the Town's long history of embracing that expertise, that creativity, and that wisdom. He stated that the Select Board and the advisory committees to the Select Board are focused on setting and recommending policy and implementing the direction of where the Town ought to be going in the future. The Town Manager and Town staff then implement those policy directions. Regarding Sustainable Lexington, he believes it is completely focused on recommending policy and implementing programs that will create a truly, sustainable Lexington. Sustainable Lexington was formed at the request of the Select Board in 2010, following Town Meeting’s adoption of the stretch energy code and approval of by-right solar zoning, driven by citizens. Ms. Hai stated it is clear that the Board will need to differentiate administration versus policy within the role of each committee. Mr. Sandeen stated that some of the housekeeping items the Town Manager has proposed regarding committees that no longer exist, or committees that are coming to the end of their useful life, make sense to pursue. It would also be useful to have a discussion regarding term limits. Mr. Pato echoed the comments regarding the value that the Town’s volunteers bring to the community, and the essential nature of that in maintaining the character of community and it being effective into the future. Regarding regulatory authority changes, he stated that the Town Report Committee could be placed under staff direction, as the Town already has a coordinator that is being given a stipend for this work. Some regulatory groups, such as the Water and Sewer Abatement Board, could merit conversation regarding the appointing authority, as long as the policy elements remain with the Select Board. For other groups, he did not see a strong argument in support of changing the regulatory authority. Previously, Mr. Malloy offered that, for some committees, he could complete the interview process. While this initially sounded appealing, after reflecting on how that manifests itself in this memo, he believes this should remain the responsibility of the Select Board. He stated that the onboarding recommendations included in the memo are excellent. He believes the Board should be instituting term limits for chairs. With regard to charges, the Board needs to make sure that new committee members are onboarded with clear information about the charge of the committee, and the Select Board needs to review these charges on a regular basis, at no more than two years, through a sort of rotation. The Board used to have committees send materials for goal setting in order to craft a discussion on the topic, but he no longer sees this input from committees. Mr. Lucente stated that he believes the Town Manager drafted this memo as a way to give the Board an opportunity to have open and frank discussions about the effectiveness and efficiency of its processes and committees. He views this conversation as an opportunity to reimagine the committees and committee structure. He agreed with the recommendations regarding term limits for chairs and onboarding. He stated that he believes this is not just about individual committees, but the Board looking holistically at committees and looking for synergies between them. He wants to make sure the Board hears from committees and members that may be impacted by any proposed changes. Ms. Barry thanked all of the Town’s volunteers on behalf of the Board. Lexington could not be the Town it is without its volunteers. She noted that, for as long as she has been on the Board it has been discussing committee process. This memo was not intended to lighten the Board’s load or to get the Board out from under its liaison reports. Each Board member has been on at least one board or committee and at Town Meeting. The Board members know what it is like to do that work, and how it makes this Town special. She does not believe the Board should examine changing the appointing authorities at this point. She thanked Mr. Malloy for approaching the idea though. She believes onboarding needs to be a focus. She believes that being part of a committee should be part of who a volunteer is, but should not define the volunteer, speaking to term limits. She stated that certain committees likely do need to be dissolved if they have completed their work. She noted that she would have changed a couple of items in the memo such as the fact that the Select Board Policy Committee has not yet met, but it should not be dissolved. Also, the Hanscom Field Advisory Commission meets and is a multi-town committee. Ms. Hai stated that she believes the Board should immediately begin creating onboarding materials and determining term limits, especially for chairs. This will help to create opportunities for everyone in the community. She supports eliminating committees that have completed their work. Regarding the alteration of appointing authorities, the motivating reason for this topic has to do with the ability to have real interviews for applicants. Regarding overlap between staff and volunteers, she stated that she believes this is a matter of creating guidelines and expectations for work. The Board should evaluate all of these suggestions and have a deeper discussion, along with a discussion with committees/boards. She asked that a policy and process be determined for how the Board will next take a cut at this information, how it pursues a feedback loop with the committees, and how it best harnesses the volunteer expertise in a way that is both equitable, egalitarian, and efficient. Mr. Sandeen recommended that the Board hear comment from the public at this time. Ms. Hai agreed to ten minutes of public comment. Ms. Barry noted that, as a liaison to other committees, she met this year with each chair and explained that they could update their charge. Dawn McKenna, 9 Hancock Street and Chairman of the Tourism Committee, stated that committees in Town have a very important role. They have spurred priorities and economic growth. She believes the Board needs to examine accountability in the Town Manager’s Office regarding power. She noted that there used to be an annual meeting of all the committee chairs. She is perplexed regarding how the memo got this far without staff having conversation with the committee members, or the committee chairs themselves. She is concerned that, over the last few years, the roles of the committees have been diminished and this is changing the community of the Town. She believes that there needs to be training for staff on how they interact with committees. Kunal Botla, 40 Grapevine Avenue, expressed concern about having the Town Manager's Office or the Town Manager having appointing authority over many of these committees. He stated that tonight’s Select Board discussion should focus on examining what can be changed, what can be updated, what kind of methods can be used to interact with committees, and merging committees which have similar focuses into bigger committees that can have deeper discussion. Dan Voss, Chair of Sustainable Lexington, stated that he believes it is tremendously important to have the opportunity to give citizenry a voice which may not be consistent necessarily with the voice of the Town Manager or his staff, as that may not be a voice that reflects the challenge that the community is willing to take on. Jessie Steigerwald, 143 Cedar Street, stated that the Town Meeting Members Association has conversation among itself regarding what it values and what kinds of committees guide its decision- making, but she appreciates the Select Board having these discussions as well. She stated that she appreciates the memo and the discussion. Ms. Hai asked that Mr. Malloy bring back an updated consideration to the Board at a future meeting for continued discussion. DOCUMENTS: Board and Committee Memo 6. Review Draft Select Board Report for Fiscal Year 2022 Annual Town Report Ms. Hai noted that submission of reports for the Fiscal Year 2022 Annual Town Report were due to the Town Report Coordinator in early September. The Select Board is being asked review and comment on the draft of Select Board's Report submission for the Fiscal Year 2022 (July 1, 2021 - June 30, 2022) Annual Town Report. Ms. Barry agreed to edit this document for accuracy and redundancies. DOCUMENTS: Draft Select Board Report - FY2022 Annual Town Report - Track Changes, Draft Select Board Report - FY2022 Annual Town Report, Message of the Select Board - FY2022Annual Town Report ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 9:33pm. A true record; Attest: Kristan Patenaude Recording Secretary