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HomeMy WebLinkAbout2022-10-24 SB-min Select Board Meeting October 24, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:15 p.m. on Monday, October 24, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining - Lexington Municipal Management Association (LMMA); Public Safety Dispatchers Union; Fire Union (IAF Local #1491) Ms. Barry recused herself from this item. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to enter Executive Session under Exemption 3: to discuss strategy with respect to collective bargaining - Public Safety Dispatcher Union; Custodian Union; Police Superior Officers Union, and to reconvene in Open Session following. It was declared an Open Meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. The Board reconvened Public Session at 6:33 p.m. Ms. Barry retook her seat on the Board. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports In response to a question from Ms. Hai, Mr. Malloy explained that AdPro is putting together a quote for outfitting a number of rooms in Town buildings for hybrid meetings. This should be submitted by the end of the week. Ms. Barry suggested an appreciation event for those contractors and subcontractors involved in the Center Streetscape project. Mr. Sandeen noted that he would like to schedule a field trip for the Board to view the project site. DOCUMENTS: Correspondence Secretary Report - October 24, 2022 TOWN MANAGER REPORT 1. Town Manager Weekly Update DOCUMENTS: 10-14-22 Update, 10-21-22 Update CONSENT AGENDA In response to a question from Mr. Sandeen regarding a letter received from a resident dealing with the 1050 Waltham Street easement, Mr. Malloy explained that the easement document was reviewed by both the Town’s Engineering and Planning Departments, as well as Town Counsel, and it complies with the MOU. 1. Approve Submission of 2022 Boston Metropolitan Planning Organization (MPO) Municipal Election Ballot To approve for the Chair of the Select Board to complete and submit a ballot casting a vote in the 2022 Boston Metropolitan Planning Organization (MPO) election on behalf of the Select Board. DOCUMENTS: Boston MPO 2022 Municipal Election Ballot Email 2. Accept Fund Terms - Diane Higgins Scholarship Fund and Pat Flynn Youth Fund To accept the terms of the Diane Higgins Scholarship Fund, which will be managed by the Trustees of Public Trusts. To accept the terms of the Pat Flynn Youth Fund, which will be managed by the Trustees of Public Trusts. DOCUMENTS: Diane Higgins Scholarship Fund Terms, Pat Flynn Youth Fund Terms 3. Approve Select Board Meeting Minutes To approve and release the Select Board meeting minutes of: September 6, 2022, September 12, 2022 and September 19, 2022. DOCUMENTS: DRAFT 09062022 Select Board, DRAFT 09122022 Select Board, DRAFT 09192022 Select Board 4. Accept and Sign Easement – 1050 Waltham Street To approve the right-of-way easement document at 1050 Waltham Street as attached and authorizing the Town Manager to execute said right-of-way document. DOCUMENTS: Memo, Easement, Exhibit A 5. Approve One-Day Liquor License To approve a One-Day Liquor License for the Anthem Group for the purpose of serving beer and wine in a beer garden within a cordoned off area on the Visitors Center Lawn, 1875 Massachusetts Avenue during Lexington Pumpkin Fest on Sunday, October 30, 2022 from 12:00pm to 4:00pm. DOCUMENTS: 2022 Lexington Pumpkin Fest Beer Garden Location Map, 2022 Lexington Pumpkin Fest Beer Garden Procedures for Serving Alcohol 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. Grant of Location for Eversource – 10 Maguire Road Ms. Hai opened the hearing at 6:43pm. Joanne Callender, Right of Way Agent, explained that Eversource is proposing to install approximately 59’ of conduit into McGuire Road, to provide service to 10 McGuire Building 3. In response to a question from Mr. Sandeen, it was noted that a report showing the schedule for other companies to transfer from the double poles will be provided to the Town. Mr. Sandeen requested a report from the Town as to when the Town’s utilities will be moved from the poles. Mr. Sandeen also requested that a previous work area used by Eversource at 10 McGuire Road needs to be reseeded. Ms. Hai closed the public hearing at 6:49pm. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve a Grant of Location to NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY to construct, and a location for, such a line of conduits with the necessary wires and cables therein, said conduits to be located, substantially as shown on the plan made by T. Thibault dated September 22, 2022 and filed herewith, under the following public way or ways of Lexington: Maguire Road - Southwesterly from manhole MH23845, approximately 210 feet east of Westview Street, install approximately 11 feet of conduit. Southwesterly from pole 399/2, approximately 130 feet east of Westview Street, install approximately 48 feet of conduit. DOCUMENTS: Eversource Grant of location Request - WO 754612 10 Maguire Road 2. Grant of Location for Eversource – 7 Harrington Road Ms. Hai opened this hearing at 6:51pm. Ms. Callender explained that the Unitarian Church would like to upgrade their elevator and install a new HVAC system. In doing so, the Church needs to upgrade the conduit. Eversource is proposing to install approximately 416’ of conduit into Harrington Road, along with 30’ into Bedford Street. Ms. Barry requested that the Town examine a large dip in the road in the immediate vicinity of where this conduit is proposed to be installed. Mr. Sandeen requested that Eversource provide similar report information for the double poles in this area as Eversource agreed to provide in the previous grant of location. He also requested that the double poles th be removed prior to the Town’s 250 Anniversary Celebration in 2025. Ms. Hai closed this hearing at 6:57pm. Dawn McKenna, 9 Hancock Street, asked if any equipment will be placed on the pole proposed in front of the Masonic Temple. Ms. Callender stated that she is unsure. Ms. McKenna asked that the Board make approval contingent on Eversource returning to a future meeting, if equipment is in fact proposed on the pole, as line of sight is already difficult at this intersection. It was noted that no work is proposed on the poles in this area. Ms. McKenna also requested that, as part of the Battle Green Streetscape project, the Town look into having the two remaining telephone poles in this area removed. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve a Grant of Location to NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY to construct, and a location for, such a line of conduits with the necessary wires and cables therein, said conduits to be located, substantially as shown on the plan made by T. Thibault dated July 15, 2022 and filed herewith, under the following public way or ways of Lexington: Harrington Road - Northeasterly from manhole MH7428, at Massachusetts Ave, install 416± feet of conduit. Bedford Street -Southwesterly from manhole MH7343 at Harrington Road, install 30± feet of conduit. DOCUMENTS: Grant of Location Petition - 7 Harrington Road 3. Sign State Election Warrant VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and sign the November 8, 2022 State Election Warrant. DOCUMENTS: November 2022 State Election Warrant 4. Special Town Meeting 2022-3  Presentation - STM 2022-3 Article 5: Appropriate for Center Playground Bathrooms and Maintenance Buildings Melissa Battite, Director of Recreation & Community Programs, stated that the Center Recreation Complex bathrooms and maintenance building request is for $400,000. In the efforts to go out to bid on this project, there were five bidders that all came back over bid. Thus, the project is now requesting an additional $400,000 to make this project whole, in order to move forward and ideally mobilize during the late winter or early spring of 2023. Mike Cronin, Dir. of Public Facilities, explained that numerous options to reduce the scope of the project were considered, but do not seem appropriate at this time. He explained that the three middle bids were averaged, coming in at roughly $944,000. In response to a question from Mr. Sandeen regarding what the total appropriation would be after appropriating an additional $400,000, Mr. Cronin stated that this would be $1,080,000. This total amount would include a contingency and some soft costs. Ms. Barry noted that the Board received an email from a resident wondering if the Town should take a new look at this project and consider the current bathroom building as a storage building for DPW and athletics and look to build a smaller bathroom elsewhere on the site. Mr. Cronin noted that the existing building could be used as storage, but this would still require significant amounts of building work and investment. If a new spot could be found on the grounds, the Town would have to trench for electrical, new sewer lines, sanitary lines, and potable water. He believes this would likely cost more than the current proposal and delay the project for at least another year. Ms. Battite noted that this project was in the five-year Capital Plan and was introduced after the 2017 ADA Facility assessment. The Commission on Disabilities rated this as the number one facility that needed to be updated. The building has seen just under 10 vandalisms this year. She believes that the longer this project is put off, the more expensive it will be. Bridger McGaw, Precinct 6 Town Meeting Member, stated that the publicly available information on this project could also include some of the memos and conversations regarding the ADA accessibility. There were previously five or six different proposals for substantially cheaper buildings. The question regarding storage is still open. The world has changed in the past five years and is now in a recession. The project is possible, but the Town should take advantage of this moment to put the information in a better context for people to process.  Select Board Article Presenters, Discussion and Positions Ms. Hai noted that both finance committees are in unanimous support of Article 5. Board members agreed that they were in favor of supporting this project, with regret for the increased price. Mr. Pato stated that he would like to remain a wait at this time. Ms. Hai presented her positions on the warrant articles. Article 2: in favor Article 3: in favor Article 4: in favor Article 5: in favor Article 6: in favor Article 7: in favor Article 8: in favor Article 9: in favor Article 10: in favor Article 11: in favor Article 12: in favor Article 13: in favor Article 14: in favor Mr. Sandeen noted that he is in favor of Article 11. Ms. Kosnoff explained how Article 11 is proposed to be funded. She explained that she was able to reduce the short-term borrowing expense that was budgeted in shared expenses for FY23. That freed up tax levy money to apply to this project so that it is fully funded with cash and there will be no borrowing required. The short-term borrowing reduction is listed in Article 4. Both Articles will need to pass to make this project happen. DOCUMENTS: Art 2 motion- unpaid bills, Art 3 Motion Stabilization funds, Art 4 Motion amend budgets, Presentation Art 5 Supplemental CPA request, Art 5 Motion- Center Rec bathrooms, Art 6 th motion- authorized cap improve, Art 7 Motion opeb, Art 8 Motion 250, Art 9 motion opioid, Art 10 motion domestic hot water heater, Art 11 motion center sidewalk extension, Art 14 Revised motion (added language to section 2), STM 2022-3 Positions Chart 5. Update on Pleasant Street Roundabout Ross Morrow, Assistant Town Engineer, explained that, as part of the Engineering Department’s annual roadway resurfacing projects, one of which includes Pleasant Street, the Department is considering this intersection for reconstruction. At a peak hour, this intersection will handle about 1,500 vehicles. Throughout the day, there are approximately 9,000 vehicles that pass through. Sight distances are a major factor that limit how safe this intersection can be. The road itself also has some geometry issues. Various options were explored for this intersection, including a roundabout. The current proposal looks to fit the roundabout within current pavement limits. There are no plans to take any properties or easements at this time. There is an existing crosswalk proposed to be kept as part of the project. At this time there is no plan to add a sidewalk on the Watertown Street side. VHB’s analysis for the roundabout found that, during the peak hour, there will be approximately a five-car que. This will cause a bit of a delay, though not much more of one than there is currently. He noted that crashes in this area do seem to be increasing a bit over time, as there were approximately 10-11 crashes seven years ago, and 15 crashes approximately five years ago. The intention is to include some safety improvements in the project. The Town is working directly with any abutters that will be impacted by the proposed roundabout. In response to a question from Ms. Hai regarding bike lanes, Mr. Morrow stated that the project does propose to add bike lanes from this location north on Pleasant Street to Mass Ave. The roundabout will likely contain sharrows for bicyclists, but he would like to discuss this further with the Bicycle Advisory Committee. In response to a question from Ms. Barry regarding extensiveness of outreach, Mr. Morrow stated that fliers were sent to all addresses on file for Pleasant Street and Watertown Street, almost up to Route 2. Ms. Barry noted that Jim Wilson, Wilson Farm, indicated that there is quite a bit of tractor trailer traffic that uses the intersection currently; she asked that this be examined. She also requested that access for a new nearby development be examined as well. In response to a question from Mr. Pato regarding if construction of the roundabout is already anticipated in the cost of reconstructing Pleasant Street, Mr. Morrow stated that parts of the project will be an additional expense. The reconstruction of the intersection is included. This may be eligible for Chapter 90 funds. Mr. Sandeen suggested that Town staff provide information that would show where this intersection is on the Towns’ priority list of problem intersections, when presenting this item to the public. Laurel Carpenter, 94 Pleasant Street, noted how chaotic the intersection can be in terms of potential crashes in the area. She also stated that she does not feel comfortable riding her bicycle through the intersection unless she is on the sidewalk. She envisions being more comfortable riding through a roundabout at this location. Mr. Pressman stated that the Planning Board has approved a future development at this site, which will feed twelve units of housing out of a single road. Mr. Morrow stated that this driveway will be accommodated in the plan. DOCUMENTS: Presentation 6. FY2023 Water and Sewer Rates – Continuation of Hearing Ms. Hai opened this hearing at 8:03pm. Carolyn Kosnoff, Assistant Town Manager for Finance, explained that the Town Manager, the DPW Director, and Water and Sewer staff, met with several representatives from Hanscom Air Force Base. There are two separate meters on the Base, billed the same rate, and the same department is responsible for paying both bills. It was determined last week that one of the meters was not working properly, and that meter was replaced. Hanscom did not feel that their water usage had dropped to the level that the Town’s metering data was recording. The Base does have several of their own meters at various points throughout both the base and Lincoln Labs, where they are collecting their own data. Hanscom will collect all of their own metering data and send it over to the Town for comparison with its data. She th requested that the Board continue this hearing to November 7, in order to receive this data. In response to a question from Mr. Lucente, Ms. Kosnoff explained that there is no hard deadline to set the water and sewer rates. Data for this will need to be included when setting the tax rate for FY23. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 8:09pm to continue the water and sewer rate hearing until Monday, November 7, 2022 at 7pm. 7. Discussion of Additional Funding Requests Under American Rescue Plan Act (ARPA) Mr. Malloy explained that there are five additional ARPA requests as follows: $500,000 for additional business assistance $1,164,900 for Air Quality Monitoring Systems (for discussion/options) $40,000 for respirator protection $500,000 for the Affordable Housing Trust $57,202 for a bus shelter at Emery Park Additionally, some projects are now complete and the N95 masks and Rapid Test Kits can be closed out. Mr. Pato stated that he would like to make sure the available funds are inclusive of items previously approved by the Board, such as the East Lexington bike path improvements, $400,000, and the hybrid solution touch monitors $20,000. Ms. Barry noted that some of the ARPA funds balances are a month old. While she is supportive of small business assistance, she would like a better report on what has been done with these funds. Ms. Hai agreed that the Board previously discussed a big picture overview of where it wanted to spend these funds. However, she does not feel that the Board has been making decisions in that big picture way. The Board has talked consistently about wanting to make real differences in affordable housing. There are now some opportunities to do so, and she wants to make sure those opportunities are retained. Ms. Barry stated that she is confused by the request for air quality monitoring systems, as it does not seem to be supported by the Superintendent of Schools. Mr. Malloy noted that this was a request of the Select Board but is not supported by himself, the Superintendent, or the Public Facilities Director. Mr. Pato stated that his surprise is that the memo from the School Department stated that they are already doing the monitoring. He, thus, would not have expected the proposal to include those rooms and buildings. He would have expected a proposal addressing the Board's request. He asked if a Board member should step in to marshal this process under its goals. Mr. Sandeen noted that there is a sense of urgency on making the decision regarding the Affordable Housing Trust, as the Affordable Housing Trust will be proposed to be prefunded if it is created by Town Meeting. Ms. Hai stated that she does not believe this needs to be acted on until the actual entity is created. In response to a question from Ms. Hai regarding the air quality monitoring system breakdown for buildings, Mr. Cronin stated that the proposal is for an all-inclusive, all building system. The reason for that is because the proposal is for a public-facing dashboard, as opposed to the current system which does internal monitoring only. Ms. Barry stated that she is not comfortable voting on any of the items this evening, as she does not feel a full packet was presented to the Board or public. In response to a question from Mr. Lucente, Mr. Cronin stated that the current air quality monitoring systems are very similar on the Town side and the school side. Both have CO2 monitoring systems that report back to the BMS, which then trigger alarms and work orders. The current systems do not have the ability to publicly broadcast any information. That is a benefit of the proposed system. Mr. Lucente questioned the value in this if the system is currently being monitored. Mr. Pato stated that, in previous conversations, the Board was not told that there is continuous monitoring of the existing system. Mr. Cronin stated that the existing system is very cumbersome and accessing the data is very difficult. The system is not technically being constantly monitored. In response to a question from Mr. Sandeen, Mr. Cronin explained that custodians sample every single space in Town buildings, occupied or not, every Wednesday. This takes them roughly between an hour and two hours, per custodian. Each building has a number of custodians in it. Mr. Sandeen stated that he cannot support purchasing a system that gathers information but does not include a way for Town staff to meaningfully interact with that information. Ms. Hai stated that she would like to see where additional requests for funding fit in the Board’s goals. She would also like to see what has already been spent on projects within the different goals. Mr. Malloy noted that the Board previously requested unfiltered information on these requests, but now he is hearing the request for a different process. Each time, the Board seems to request this information in a different way, making the process very difficult for both him and senior staff. Mr. Pato, Mr. Lucente, and Mr. Sandeen offered to volunteer to help champion this process on behalf of the Board. The Board agreed to discuss a volunteer for this item before its next meeting. Ms. McKenna noted that the Liberty Ride trolley, and restoration of funding to the Liberty Ride and Visitor Center Revolving Funds, are not currently included on the list for consideration. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to close out the rapid test kits for $2,137 and the N95 masks for $25,000 and modify the remaining balance of $28,000 from the Community COVID Testing Event to the Community COVID Vaccination Event. DOCUMENTS: Memo on ARPA Requests, Additional Bus Shelter Proposals, Additional Bus Shelter Proposals, MemofromDr.Hackett 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