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HomeMy WebLinkAbout2022-10-03 SB-min Select Board Meeting October 3, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:35 p.m. on Monday, October 3, 2022 via remote participation. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town’s website. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Barry asked if anything is planned to be done to the section of road between Cary Memorial and Woburn Street. Mr. Malloy stated that nothing is planned with that section currently because it will be redone after the Police Station project is complete. Mr. Pato noted that he volunteered to be the Board’s correspondence secretary and began in the role on October 1, 2022. He will be creating a report that includes the number and topics of email messages that the Board receives. He will also briefly reply to these messages as a member of the Board, with a brief thanks, and a reference to any existing status or action that the Board has taken. The Board received two email messages since October 1, one on the topic of the committee structure memo that was reviewed in September, and the other on the topic of light and noise complaints at the Center fields. Ms. Hai noted that the Board received an update from the Planning Department that the Comprehensive Plan Advisory Committee was dissolved following the Planning Board's acceptance of the Comprehensive Plan. She thanked all involved with this process on behalf of the Board. She also noted that she and Mr. Pato will work to coordinate the Town Manager’s annual review. Finally, tomorrow morning there is a MAGIC meeting, which is focused entirely on transportation. Anyone interested in attending is encouraged to do so. Mr. Sandeen stated that he and Mr. Lucente met to discuss the Policy Committee and will bring recommendations to the Board in the future. He also noted that he will be making a recommendation on the School Building Committee at a future meeting. DOCUMENTS: Select Board Concerns and Liaison Reports - October 3, 2022 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy stated that the School Building Committee had its first meeting last week, and elected Kathleen Lenihan to be the Chair of the Committee and Mike Cronin to be the Vice Chair. He also noted that he has redrafted the Committee memo, previously discussed by the Board, to include comments and concerns received. This will be presented to the Board at a future meeting. DOCUMENTS: Weekly Update 9-23-22, Weekly Update 9-30-22 CONSENT AGENDA 1. Approve One-Day Liquor License To approve a One-Day Liquor License for Spectacle Management to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of one event as follows: Chris Isaak Concert on Friday, November 25, 2022 from 7:00pm to 11:00pm. 2. Approve Select Board Report for Fiscal Year 2022 Annual Town Report To approve the attached final version of the Select Board Report for submission to the Fiscal Year 2022 Annual Town Report. DOCUMENTS: Select Board Report Annual Town Report 2022 - updated 10-3-22 3. Accept Fund Terms – Jeffrey Leonard Jazz Musician Award Fund To accept the terms of the Jeffrey Leonard Jazz Musician Award Fund, which will be managed by the Trustees of Public Trusts. DOCUMENTS: Jeffrey Leonard Jazz Musician Award Fund Terms 4. Select Board Committee Appointment & Reappointments To appoint Jim Osten as a full member of the Zoning Board of Appeals for a five-year term set to expire on September 30, 2027. To reappoint Lisa Murray to the Economic Development Advisory Committee for a three-year term set to expire on September 30, 2025. To reappoint Jeffrey Lyon to the Lexington Center Committee for a three-year term set to expire on September 30, 2025. To reappoint Paul Chernick to the Sustainable Lexington Committee for a three-year term set to expire on September 30, 2025. To reappoint Kerry Brandin to the Tourism Committee for a one-year term set to expire on September 30, 2023. To reappoint Alan Fields to the Trustees of Public Trusts for a six-year term set to expire on September 30, 2028. DOCUMENTS: 2022 Zoning Board of Appeals Application - J. Osten 5. Battle Green Use Request – Lexington Minute Men Change of Command Ceremony To approve the request from Lexington Minute Men, Inc. to use the middle of the Battle Green on the Harrington Road side by the flagpole on Sunday, October 23, 2022 from 1:00pm to 4:30pm for the purpose of their 2022 Change of Command Ceremony. DOCUMENTS: Use of the Battle Green Regulations 6. Water and Sewer Adjustments To approve the attached Water & Sewer Adjustments as recommended by WSAB on September 9, 2022. DOCUMENTS: Interest only Idylwilde Rd, WSABAbatement Interest-Only Letter - 3 Idylwilde Road 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 and Discussion - Fiscal Year 2023 Water and Sewer Rates Ms. Hai opened the hearing at 6:50pm. Ms. Kosnoff explained that, regarding the Water Enterprise, there was a fairly significant operating shortfall in the Water Fund for FY22. This was due mainly to user charges. Estimates for user charges were under by approximately $1.4M, leading to a shortfall of $970,000 for FY22. At the end of FY21, the Fund had a total retained earnings balance of $3.5M, which carried over into FY22. The FY22 results have not yet been finalized. Out of that $3.5M, the Town appropriated $1.8M for the FY23 capital budget and, after other miscellaneous subtractions, the retained earnings for FY22 in the fund are $770,000. Regarding the Wastewater Enterprise, this recognized an operating surplus of $482,000 for FY22. For the fund’s retained earnings, as of FY21, it was $2.5M. The Town had appropriated $1.365M for capital projects. In adding the operating surplus, the retained earnings for the Wastewater Fund for FY22, is $1.8M. Ms. Kosnoff addressed the shortfall in the Water Fund. She explained that the water and sewer budgets are set to cover the budget that was voted at Town Meeting. The usage for these is estimated for the year, and for FY22, these estimates were off in almost all categories. She noted that the three-tiered water consumption rates have been dropping since the pandemic. Irrigation estimates were also off for the year. The majority of the deficit had to do with Hanscom Lincoln Labs. She reviewed the Labs’ average consumption from 2010 to 2020. The average for that 10-year period was 240,000 HCF. This varied between 9%-11% of the Town’s total water usage. While usage dropped in FY21, it was expected that this would increase to pre-pandemic levels for FY22. Thus, 207,000 HCF was estimated. However, Hanscom’s usage continued to decline in FY22, for a total of 70%, leading to a loss of $975,000 in the fund for the year. The Town Manager has reached out to the base to discuss what is going on operationally. Ms. Kosnoff reviewed the projected rates for FY23. She explained that the rates are a mathematical formula, including the total budget for the year for both the water and sewer enterprises as voted at annual Town Meeting, divided by the projected usage for the year. The budget is concrete, the usage is estimated. Regarding the budget for the Water Enterprise, the total budget is increasing 0.7%. That is reflected as a decrease in the MWRA assessment of $250,000. This is being offset by the transition of cash capital. Regarding the Wastewater Enterprise budget, the budget is proposed to be increased by 4.7%. The MWRA assessment is going up 3.1%, which is $255,000. There is also a bit of increase to debt service and cash capital. Ms. Kosnoff stated that, overall, the water rates are projected to go up by 6.7%. For the tiered rates, the estimated consumption was dropped a bit. It is unclear at this time if the estimates for Hanscom are realistic or not. She recommended continuing this public hearing until more information can be garnered. Ms. Kosnoff stated that, based on those consumption estimates, rates are proposed to increase a combined average of 6.5%, reflective of 6.7% on the water side, and 6.4% on the wastewater side. For the average user in Lexington, which is 70 HCF, that would equate to an increase in the annual water and wastewater bills of $61.60. The annual average change over the last 10 years was 3.2%. In response to a question from Mr. Lucente regarding if the issue with Hanscom happens to be due to the meter, Mr. Malloy stated that Public Works does think that perhaps their meter is no longer operable. The intention is to have a discussion about most equitable way of resolving that issue if it is the case. Ms. Barry suggested reaching out to Bedford, as Hanscom draws some of its water from that town as well, to see if the same decrease was noticed. She also suggested checking to see if this could be due to the new watermain installed. Mr. Sandeen asked if the Town would have a way of measuring the amount of water going to Hanscom that is under the Town’s control and if the Town had data from July and August. Mr. Pinsonneault said that the usage is measured by MWRA water meters, but they are looking at that. Mr. Sandeen expressed how beneficial the water app is in keeping track of daily usage for residents concerned about moving from one billing tier to another. Mr. Sandeen suggested that the app might be updated to report water usage in hundred cubic feet to be consistent with the units used in resident’s water bills. Mr. Sandeen requested that future presentations to the Board include potential impacts of the rate change for irrigation water customers. Ms. Barry asked about the unaccounted-for gallons of water that come into Town. Mr. Pinsonneault stated that this is tracked annually for DEP and the Town has been under the 10% mark for this. Ms. Hai continued this hearing to October 24, 2022 Select Board Meeting. DOCUMENTS: Water and Sewer Rate Calculation Memo, Water and Sewer Rate Presentation 2. Update on Communications Plan Sean Dugan, Director of Communications and Special Projects, explained that the Town's first Strategic Communications Plan will serve as a guide for how the Town approaches communicating with the public, it will help the public understand the high-level goals that the Town has as it relates to communications, and it will be a good resource for Town staff to refer to in order to continue to improve communications organizationally. He reviewed a number of towns in preparation for creation of the Plan. He gathered 10 local communities to create a generalized plan that each town could tailor to its own community. This group will work as a peer review group for each document. The Plan is broken into five overarching elements: an executive summary, goals, audiences, communication tools, and key performance indicators. The goals were based on the results of the 2021 Communication Survey. These include improving two- way communication, employing a blended communications approach (digital and non), making communications more accessible to all residents, and encouraging community engagement. The audiences involved include the community, partner organizations, visitors, internal stakeholders, and key influencers. Examples of key performance indicators could be progress benchmarks such as website traffic, board/committee recruitment numbers, and the implementation of a two-way communications system. He plans to collect feedback on the Plan from a number of groups in Town in order to finish the draft plan, which can then be peer reviewed by the community group. A finalized Plan will be presented to the Board at a later date. In response to a question from Mr. Sandeen for some additional information regarding the two-way communications tool, Mr. Dugan explained that he believes this tool would allow residents to submit issues, allow for acknowledgement of receipt of these and work towards resolving the issue. Mr. Malloy stated that the Town has a work order system tied to the GIS system that is not compatible with previous 2-way communications software tools the Town has evaluated. Mr. Malloy raised a concern that using a 2-way communication system may be a labor-intensive process that could consume a full-time staff person to put this information by hand into the work order system. He does not believe there are any compatible tools available today. The Board discussed the DPW complaint communication form and how it could be better utilized with the current system and processes. In response to a question about what advice the Board should give to residents when they have an issue, the Town Manager stated that Mr. Pinsonneault’s preference is for residents to place a phone call to the DPW. The Board discussed the DPW complaint communication form and how it could be better utilized with the current system and processes. DOCUMENTS: Communications Plan Presentation 3. Lead and Copper Rule Changes - Update on Proposed Project to Remove Lead Pipes Dave Pavlik, Superintendent of Water/Sewer, explained that Lexington, as all public water systems in the United States, must comply with the Lead & Copper rule under the Safe Drinking Water Act. Revisions have been made to this rule with which the Town must comply. The revisions are ongoing and will take full effect at specific dates. Tyler Schmidt, Environmental Partners, stated that the project objective is primarily to remove the lead pipe from the Lexington water system. The main revision point to the Safe Water Drinking Act is that all water systems must complete an inventory of the entire system to determine the amount of lead in the system by October 2024. At a later date, water systems will have to implement plans for removal of the lead from the water system. Lexington is taking a proactive approach, beginning with an interest-free loan through the Massachusetts Water Resource Authorities Lead Loan Program to remove the lead as soon as possible. There is no current health risk of lead in the Town's water. The Town's long-standing corrosion control measures prevent lead dissolution into the pipes from the drinking water. No changes are proposed to these corrosion control measures. The intent of the project is to replace the full extent of lead pipe from the water main to the building. Mr. Schmidt explained that the project is proposed in six phases. Phase 0 being the MWRA loan application. If this project is approved, Phase 1 is inventory. All of the tie cards, the GIS database record drawings, and the Water department records will be reviewed. This will be digitized into a format that the Massachusetts Department of Environmental Protection and the EPA can approve of for compliance with the Lead & Copper rule. Phase 2 would be public outreach, to inform them of the proposal and process. Phase 3 includes preparing the contract documents for public bidding. Phase 4 involves permitting. Phase Five will be bidding through Massachusetts General Law Chapter 30. Phase 6 will be removal of the actual service lines. The inventory and public outreach phases can begin in November, if the project is approved. Contract documents and permitting would begin in the spring 2023, with construction slated to start in August 2023. Mr. Schmidt stated that the Department of Public Works is requesting Board approval of an interest-free loan to the MWRA Lead Loan Program for the complete design and construction cost of $4.21M. This cost includes engineering, construction, and a 15% construction contingency. It would replace approximately 300 known lead or lead-lined water services throughout the Town. It would also conduct a complete inventory of all services throughout the Town to ensure they were all identified, and it would ensure continued compliance with the US EPA Lead & Copper rule. Mr. Pato stated that he supports a zero-interest loan but would like more information regarding the debt service for this project coming out of the Water and Sewer Enterprise Fund. Ms. Kosnoff explained that the Town has not projected this debt service in the budget. This is something that would be started as part of the FY24 budget development. Mr. Sandeen asked whether the Town would be conducting testing or a physical inventory to determine if there are lead pipes that may not be in historic records. Mr. Schmidt explained that the review will include a review of existing tie cards of any age, because if there is a suspicion of lead service the Town is required to record it as such until verified. Lexington is in the middle of an ongoing meter replacement program and as part of that program the Town is testing and recording the interior condition of the service coming into the property, There are very recent records along with a photo of the private side of the service. A typical water main replacement project would not replace the private side service, but could provide indications if the private side include lead. The Town would include a certain amount of physical inspections of the interiors of homes that are suspected may have lead service. In response to a question from Ms. Barry, Mr. Schmidt explained that this is an opt-in program and will require approval of each resident. If residents do not opt in, there will be no partial service replacement and they will not be included in this program. Mr. Lucente expressed concern with the proposed project cost, due to potential inflation. Mr. Schmidt explained that this projected number came from a cost estimate that Environmental Partners conducted for the Town. This is based off 300 known lead line services. The cost estimate included typical construction costs, based on various other water projects recently bid, and had a contingency regarding the type of restoration required on private property. A 15% construction contingency was included on top of the overall estimate. In response to a question from Ms. Hai, Ms. Kosnoff explained that, in order for MWRA to approve the application, there will first need to be a vote at Town Meeting for a debt-financed appropriation. The MWRA would then consider approving the loan application. Mr. Pato asked if opt-outs are tracked, in order to inform future owners that lead lines are on the property. Mr. Schmidt stated that his will be recorded with Mass DEP and the location could require future sampling through the State. Mr. Pavlik agreed that these sites will be required to be tested by the Town and this would need to be reported to DEP. Notifying ownership and transfer is a legal question. In response to a question from Mr. Lucente, Mr. Schmidt explained that this project will include temporary and permanent trench pavements, specifically for the services. The impacted roadway width will receive a temporary pavement, a 90-day moratorium, and then a permanent pavement patch. Ms. Hai noted while there is general support for this project moving forward it is requested more information be brought back to the Board regarding some of the concerns raised this evening, specifically regarding financials. DOCUMENTS: Presentation 4. Discussion of Additional Funding Requests Under American Rescue Plan Act (ARPA) Mr. Malloy explained that three additional requests have been received. The first one, regarding ATV ambulance, was previously part of a Board poll, which originally showed a 3-2 vote, but secondly came back as a 2-2 split vote. The second involves adding a permanent electronic sign at the entrance of 203 Bedford to be used for regular announcements. The Board has quotes for a hard-wired sign ($52,000) and a solar sign ($90,000). This would free up the portable sign boards for emergencies and construction work. Finally, the Town currently provides INTERFACE referral service to Lexington residents. With the current demand so high and the long waitlist, it would be beneficial to continue to provide the INTERFACE service. This price will be increasing in the next contract year, starting in November, based upon the Town’s usage from this year multiplied by the cost per referral rate. The total cost will be $35,000 for the next year, which is up from $20,000 for this current year. The Town and schools split this evenly each year and the request is for an additional $15,000 to pay for the upcoming contract year The nexus for this item is that COVID-19 caused a significant increase in mental health needs, as well as a decrease in provider availability. Ms. Hai noted that she was in favor of the ATV proposal. She believes this is the type of one-time public safety enhancement that the Board previously identified using ARPA funds for. This could provide a benefit to the community and public safety. Mr. Pato stated that he was a hold on the ATV item because he was having trouble seeing the nexus to ARPA funds. He stated that this could belong in the annual capital expenditure program instead. Mr. Sandeen noted that this item was brought up and turned down in a previous Board meeting and he believes it should belong in the normal budget, not in ARPA funds. He noted that he believes ARPA funds should be conserved in case a recession is upcoming. Mr. Lucente stated that he believes the nexus is that this piece of equipment could be used to access difficult areas during large events in Town. This will allow for increased safety during community events, which the Board is trying to encourage. Mr. Lucente stated that, regarding the signboard, he would like to see advice from the Design Advisory Committee. There are likely design elements that should be included. Mr. Pato stated that he needs to be convinced that the signboard is a necessary item. He might otherwise suggest purchasing an additional temporary signboard. Ms. Hai explained that she sees a nexus for this item through enhanced community communications. She would like more information on the design of this signboard and if the proposed location is the right one. Ms. Hai stated that, regarding the INTERFACE proposal, she would like to make sure that, if this is a one-time expenditure for a program with an annual proposed increase, that budgets going forward would be built to incorporate the expectation of this increase. Mr. Pato stated that he supports the nexus for this item, however, this could be a budget adjustment at the fall Special Town Meeting, as it was a planned for expense. Dawn McKenna, 9 Hancock Street, stated that she is concerned that a number of the requests made for ARPA funds are actually municipal expenses. She requested that the Liberty Rides request previously discussed by the Board be added to this group of requests. She agreed that the ATV equipment should be a Special Town Meeting appropriation. She does not support the signboard, as this is something that would be seen in a city and does not support ARPA funding for it. She supports the extra funding for INTERFACE, but also believes that this should be addressed at Town Meeting. Mr. Pato noted that, at the Board’s August 8, 2022 meeting, three Board members requested a proposal for providing air quality monitoring in Town buildings using ARPA funds. He also requested information on an incentive program for commercial entities in Town, related to air quality use. Mr. Malloy explained that Mr. Cronin is awaiting a quote for the air quality monitoring item. He could also seek a quote for the cost for private businesses to have the same type of air quality monitoring. Ms. Barry stated that there does not seem to be a cohesive vision as to how to spend the remaining ARPA funds. Mr. Pato agreed that the items being presented have not provided a clear connection to the strategic direction the Board has articulated a number of times. Mr. Pato stated that, during the Board’s September ARPA discussion, the Board supported a $20,000 allocation for larger displays as part of hybrid meeting support, and requested a broad comprehensive plan for hybrid technology, to allow for uniform facilities in meeting rooms. He asked the progress of this item. Mr. Malloy explained that the IT Director met with ProAV regarding a Logitech system created for large meetings spaces to be identically placed into a number of Town buildings. He expects a quote on this item within the next couple of weeks. Ms. Barry noted some inconsistencies in the ARPA spreadsheets and budget numbers presented during meetings. Mr. Malloy stated that he would check and confirm the numbers. Ms. Hai stated that the Board would like a comprehensive look at what it has said its goals are for ARPA, how what has been previously approved and incoming requests fit into those goals, and how the Board can best execute on those goals by using the remaining balance. Mr. Malloy noted that he has not been filtering the ARPA requests in any way but will do that if that Board so chooses. Ms. Hai stated that the Board is requesting a pathway as to how requests meet the goals. She would like to see a list of which requests meet the goals, along with the other requests which may not necessarily meet the goals but could still be important. Mr. Pato agreed that he would like to see a narrative as to how the previously stated goals will be achieved through the proposals. Mr. Malloy noted that loss of municipal revenue is not one of the nexuses that the Board wants to consider. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 3-2 to approve ARPA Spending for $93,876 for the ATV Ambulance. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve ARPA Spending for $15,000 for mental health services through INTERFACE. DOCUMENTS: ARPA Updated Report 10-3-22, Permanent Sign Board Example 5. Special Town Meeting 2022-3 - Approve Warrant and Select Board Article Discussion and Positions Ms. Axtell noted that there are 14 articles on this Special Town Meeting warrant. The Town did not receive any citizen petitions for this Town Meeting. She has been working on making sure the public will understand how to use remote technology in a public space. In response to a question from Mr. Sandeen, Ms. Axtell noted that actual numbers for some of the articles will be updated in real time within the next few weeks. The Board discussed which boards/committees requested certain articles. David Kanter, Capital Expenditures Committee, expressed concern of Capital Expenditures Committee being able to draft a report a week prior to Town Meeting without having specifics for each item before that time. Ms. Axtell stated that staff is working hard to get the final numbers as soon as possible. Ms. McKenna noted that the Tourism Committee has not yet commented on the pathways proposed as part of Phase 4 of the Battle Green Master Plan. Mr. Pinsonneault explained that the proposed warrant article is only for the pathway from Mass Ave to the Visitor’s Center. Ms. Axtell explained that the article will be amended to speak to both brick and cement sidewalks. Ms. McKenna noted that the definition of the Battle Green includes that sidewalk as part of the Battle Green Master Plan area. It is not appropriate for this to be part of the streetscape project. Ms. Hai asked staff for clarification on this item. Mr. Sandeen suggested that Article 12 be reworded that it was inserted by the Select Board at the request of the Affordable Housing Trust Study Committee. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and sign the Special Town Meeting 2022-3 Warrant and authorize staff to make non- substantive edits as necessary or as recommended by Town Counsel or Bond Counsel. DOCUMENTS: Special Town Meeting 2021-3 Warrant FINAL, STM 2022-3 Working Document Select Board Positions ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 9:22pm. A true record; Attest: Kristan Patenaude Recording Secretary