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HomeMy WebLinkAbout2022-12-05 SB-min Select Board Meeting December 5, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:32 p.m. on Monday, December 5, 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. 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 Members Concerns and Liaison Reports Ms. Hai stated that, Friday morning the Town hosted a group of representatives from the Massachusetts Cultural Council, in furtherance of the Town's application for a Cultural Council or Cultural District designation. There was a very robust presentation and results are expected in March. DOCUMENTS: Correspondence Secretary Report - December 5, 2022 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy stated that Mike Cronin, Director of Public Facilities, and he will be attending the CPC meeting this Thursday to talk about the Stone Building and the potential for a phased project. Also, the Munroe Center for the Arts request to the CPC has increased from $3.3M to $8.5M. The Board discussed hearing a proposal regarding charges for bulky items at the Transfer Station. Ms. Hai noted that there was a recent decision out of the Attorney General's Office which has mandated additional information on agenda headings. DOCUMENTS: Weekly Update 12-2-22 CONSENT AGENDA 1. Application: Common Victualler License – WPF Holdco d/b/a When Pigs Fly Bread, 1756 Massachusetts Avenue To approve a Common Victualler License for WPFHoldco d/b/a When Pigs Fly Bread, 1756 Massachusetts Avenue for the hours of 10:00am to 6:30pm Sunday through Saturday. 2. Application: Common Victualler License – 1686 Lexington Inc d/b/a Inspire Bowl n Tea, 1686 Massachusetts Avenue To approve a Common Victualler License for 1686 Lexington Inc d/b/a Inspire Bowl n Tea, 1686 Massachusetts Avenue for the hours of 10:00am to 6:00pm Monday through Thursday; 10:00am to 7:00pm Fridays; 9:00am to 7:00pm Saturday through Sunday. 3. Battle Green Use Request – Lexington Historical Society – Historical Reenactment of Lexington Tea Party To approve the request of the Lexington Historical Society, in collaboration with Lexington Minute Men, Inc. to use the Battle Green on Sunday, December 11, 2022 for the Lexington Minute Men to perform a musket drill at 11:00am, as well as perform marching and other demonstrations on the Common between 11:00am to 1:00pm as outlined in the attached request letter. DOCUMENTS: Battle Green Request for Lexington Minute Men 2022 Musket Drill as Part of Lexington Tea Burning Event, Town Manager Approval Letter for Use of Visitors Center Lawn for Lexington Tea Burning Reenactment Event 4. 2023 Liquor License Renewals To approve the following 2023 Annual Liquor License Renewals: 2023 LIQUOR LICENSE RENEWALS - ALL ALCOHOL RESTAURANTS Bertucci’s - 1777 Massachusetts Avenue Love at First Bite - 1710 Massachusetts Avenue Revolution Hall - 3 Maguire Road 2023 LIQUOR LICENSE RENEWALS WINE/MALT RESTAURANTS Daikanyama - 43 Waltham Street 2023 LIQUOR LICENSE RENEWALS PACKAGE STORES Art's Specialties - 1666 Massachusetts Avenue, Unit H Berman’s - 55 Massachusetts Avenue Lexington Wine & Spirits - 186 Bedford Street Lexington Liquors - 7 Depot Square Vinebrook Bottle - 131 Massachusetts Avenue Whiskey & Wine - 55 Bedford Street 2023 LIQUOR LICENSE RENEWALS CLUBS Lexington Golf Club - 55 Hill Street Lexington Elks - 959 Waltham Street 5. 2023 Class I/II/III License Renewals To approve the 2023 Annual Class I/II/III License Renewals for the following businesses: CLASS I Lexington Toyota, Inc. - 409 Massachusetts Avenue CLASS II A to Z Auto Wholesale - 20 Vine Street Mabuchi Motorcars - 401 Lowell Street Minutemen Auto Haus - 6 Fulton Road CLASS III John P. Carroll Company, Inc. - 700 Waltham Street 6. 2023 Common Carrier License Renewals To approve the 2023 Annual Common Carrier License Renewals for the following business to operate the Lexpress buses: COMMON CARRIER M+L Transit Systems Inc. #160 - 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #161 - 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #162 - 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #163 - 60 Olympia Avenue, Woburn 7. 2023 Common Victualler License Renewals To approve the 2023 Annual Common Victualler License Renewals for the following businesses: COMMON VICTUALLER Bertucci's - 1777 Massachusetts Avenue Bruegger's Bagels #3711 - 413 Waltham Street Crust & Curry- 321 Marrett Road Daikanyama Japanese Cuisine - 43 Waltham Street Fiorella's Trattoria - 25 Waltham Street il Casale - 1727 Massachusetts Avenue Lexington House of Pizza - 399 Lowell Street Love at First Bite Thai Kitchen - 1710 Massachusetts Avenue Mario's Italian Restaurant - 1733 Massachusetts Avenue McDonald's - 690 Marrett Road Peet's Coffee & Tea - 1749 Massachusetts Avenue Qdoba Mexican Eats - 46 Bedford Street Revolution Hall - 3 Maguire Road Royal India Bistro - 7 Meriam Street The Upper Crust - 41 Waltham Street Via Lago Inc. - 1845 Massachusetts Avenue Wicked Bagel - 171 Massachusetts Avenue 8. 2023 Entertainment License Renewals To approve the 2023 Annual Entertainment License Renewals for the following businesses: ENTERTAINMENT Bertucci's - 1777 Massachusetts Avenue Crust & Curry - 321 Marrett Road il Casale - 1727 Massachusetts Avenue Love at First Bite Thai Kitchen - 1710 Massachusetts Avenue Revolution Hall - 3 Maguire Road The Upper Crust - 41 Waltham Street Via Lago Inc. - 1845 Massachusetts Avenue 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. Discuss and Approve American Rescue Plan Act (ARPA) Requests Mr. Malloy explained that the five items up for consideration tonight are additional small business assistance, an electric trolley, LexHAB’s request to purchase a house, increasing inclusion through technology, and the Fire Department and Emergency Management respiratory protection. The Board agreed to hear from each request. Sandhya Iyer, Economic Development Director, explained that some of the Town’s businesses feel that they still need some assistance to get back to a level where they can advertise and market better and get more foot traffic. The other category is businesses that do not have the means to pay rent and did would like some rent relief from property owners. The last category is for additional businesses, such as non- profits. In response to a question from Mr. Lucente, Ms. Iyer stated that she has five businesses currently waiting for funding. Three of these are new businesses and two are repeats. She asked if this funding could also be used to bring new small businesses into Town. In response to a question from Mr. Sandeen regarding the criteria for these requests, Ms. Iyer stated that the businesses’ annual revenue has to be below $1.5M. The business must also show significant loss of revenue due to COVID, and if the business is on the first floor, how the Center streetscape construction project directly affected their foot traffic. Businesses are also ranked based on whether they are veteran- owned, minority-owned, and women-owned businesses. Mr. Sandeen asked if the qualifications include a test for determining whether this funding will be material in keeping the business open. Ms. Iyer noted that businesses submitted a report with additional information after three months of the program and a majority stated that the funding helped them to not have to shut down. Ms. Hai noted that an additional funding request is difficult as small business assistance has already amounted to approximately 10% of total ARPA spending, when including the pop up. She stated that she might feel more comfortable altering or forgoing certain fees, as a more uniform measure. Mr. Pato stated that he supports this proposal for additional funding. Encouraging vitality in the community broadly is essential and is a direct consequence of turndowns due to COVID. He would agree with a separate bucket of funding to alter certain fees, such as sidewalk fees. In response to a question from Ms. Hai, Ms. Iyer stated that, during the first three rounds of assistance she reached out to local businesses to see if funding was needed; at this time, she is waiting for businesses to reach out to her. Ms. Hai stated that she would feel better if a more concerted effort was being made to make sure at least each business has had one outreach. Mr. Lucente agreed that letters should be sent to the small businesses in Town. He noted that he would like to see those businesses already in Town supported, before trying to bring in new businesses or fill empty spaces. Ms. Barry agreed that outreach needs to be broader. She also agreed that funding for new businesses should be considered through a separate ARPA request. Mr. Sandeen stated that he would like to be more proactive in assessing that these funds will make a material impact on these businesses, instead of hearing about this after the fact. Ms. Hai stated that she would like to see outreach to less traveled and less populated areas of Town for this funding. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the $500,000 request for additional small business assistance out of the existing ARPA allocation. Casey Hagerty, Economic Development Coordinator, stated that the request for the electric trolley is now $550,000, which includes the trolley and a level two charger. The trolley is planned to be stored at the Composting Facility on Hartwell Ave. overnight and throughout the winter. Bidirectional charging is not recommended at this time, but there may be an option in the future. In working with the Sustainability Officer, there are three different rebate options that this project is potentially eligible for. As a condition of the bid, one of the requirements would be helping the Town research and secure any additional federal or local grants and rebates that may be available. In response to a question from Ms. Barry, Ms. Hagerty stated that staff is examining the possibility of using Lexpress, if the trolley were to ever be down for a day. Mr. Sandeen noted that an entire fleet of vehicles could be electrified for the $340,000 extra this would cost. While he loves the idea of an electric trolley, he thinks the Town could likely do better from a cost versus emissions saved by using that money to electrify other vehicles. He stated that he believes the Town would be better off waiting to electrify the trolley as bidirectional charging is not available today and electric vehicle costs may eventually come down. In response to a question from Mr. Malloy, Ms. Hagerty stated that there are gas trollies, diesel trollies, and a gasoline-electric hybrid on a Ford F53 chassis. The hybrid option has a lead time of approximately seven months. An electric trolley would likely be available for the 2024 season. Mr. Malloy asked if the Board would want to consider a hybrid vehicle. Ms. Hai suggested extending the current contract for one year, as there seems to be a need for more information prior to an additional purchase. This could be reviewed again at the next quarterly review. The Board agreed. Dawn McKenna, 9 Hancock Street, noted that the current trolley is 15 years old. She stated that what the trolley looks and feels like is part of the marketing for it. Currently, the trolley is only running Friday through Monday, twice each day. She requested that the Board restore the funding to the Liberty Ride Trolley Fund and Visitor Center. Melinda Walker, 14 Larchmont Lane, noted that she was not recognized prior to the vote on the last item. She stated that she believes recognition of members of the public has been a problem. She noted that the Town of Arlington set up a Housing Stabilization Program to help renters as a result of the hardships encountered due to COVID. She stated it is unfortunate that Lexington did not consider a similar program through ARPA funds. Mr. Lucente noted that the Fund for Lexington and Human Services Department both have funding available for rental assistance. Sarah Morrison, Executive Director of LexHAB, stated that the next request for funding is an additional $400,000 to cover the balance on a house previously prefunded with $315,000. There was no public comment at this time. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the $400,000 request from LexHAB for furtherance of the purchase of property that will be addressed in the next item, out of the existing ARPA allocation. Ms. Hai stated that the next request is $4,000 for Recreation inclusionary programming. It was noted that this program was piloted in the fall with unbelievable success. These additional technology pieces would allow for servicing of out-of-school time programs throughout the school year, as well as throughout the summer. There was no public comment at this time. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the $4,000 request for Recreation for increasing inclusion through technology, out of the existing ARPA allocation. The next request is for Fire Department and Emergency Management respiratory protection. There was no public comment at this time. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the $40,000 request by the Lexington Fire Department for emergency management respirator protection, out of the existing ARPA allocation. Ms. Hai noted that the next set of items are ones not recommended by the Town Manager, either for not meeting the Board’s nexus criteria or for other reasons. The first is the depot bus shelter at Emery Park. Mr. Pato stated that he believes this does meet the Board’s criteria. Increasing the attractiveness of public transportation will both help economic vitality and help induce more people to ride. The Town is long overdue to place a shelter here, which was part of the funding associated with the Depot. Ms. Hai agreed that there is a nexus, in helping to bring economic development back into the Center. Pamela Lyons, Transportation Advisory Committee, stated that the pricing of $57,000 does seem high. This is due to a 30% contingency fee, as recommended by the Town Engineer. The actual pricing was roughly $40,000 for the structure and preparation of the landing pad. Mr. Sandeen agreed with a nexus for this item and noted that of the Board’s goals is to increase access to public transportation. One bus shelter is a good start, but more are likely needed. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve up to $58,000 for the depot bus shelter at Emery Park, out of the existing ARPA allocation. Ms. Hai noted that, regarding the next two requests on the list, it is Town Counsel’s opinion that the Board cannot allocate funds for an unknown unknown purchase, the timing of which is also unknown, and which may extend beyond the duration of the allowable expenditure of ARPA funding. Therefore, these items will not be addressed at this time. In response to a question from Mr. Sandeen, Town Counsel Makarios stated that creation of affordable housing, such as acquisitions, buying down debt, buying restrictions, etc., is permissible with ARPA funds. Setting aside funding into a Trust is not permissible. Ms. Hai stated that the next item is a public facilities air quality monitoring system. Mr. Sandeen stated that he was hoping to see another proposal that actually allowed Town staff to make decisions based on air quality, which was not part of this original proposal. Mike Cronin stated that the current monitoring system has devices in various components of the building. There is a database that accumulates the information, but it does not save this over a period of time, and this is not downloadable to a database for public consumption. Mr. Sandeen stated that he would prefer a system that provides data on an ongoing basis, which is integrated with a building management system. The Board did not move forward with this request at this time. Mr. Lucente stated that he would like the Board to consider the Muzzey reuse item. Mr. Malloy stated that this project continues to be worked by staff. Ms. Hai requested that staff consider allocating additional funds for hybrid meeting technology. DOCUMENTS: ARPA Spreadsheet Updated 12-2-22, Liberty Ride Presentation, NewDPWRequest, New Economic Development Request 2. Approve Lexington Housing Assistance Board (LexHAB) to Purchase 9 Kimball Road Ms. Hai explained that enabling legislation for LexHAB requires Select Board approval of the acquisition of real property. It also requires that Town Counsel approve all documents related to such a purchase. Sarah Morrison, Executive Director of LexHAB, explained that the group has been looking to purchase single-family homes and properties for quite a while. This is the first one that has met the requirements, is a good investment, and meets the needs of future tenants. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve LexHAB's acquisition of real property located at 9 Kimball Road, subject to any comments from Town Counsel on the closing documents being satisfactorily addressed. DOCUMENTS: Purchase and Sale Agreement - 9 Kimball Road, Promissory Note - 9 Kimball Road 3. Update on Spending of Opioid Settlement Joanne Belanger, Director of Public Health, explained that the settlement was approved at Town Meeting. She explained that the next steps will be to sit down with other departments and discuss ways to collaborate with existing programs and groups. Stakeholders and community partners will also be consulted. Mr. Lucente suggested an advisory group moving forward. Ms. Barry suggested that members of the public with experience in this area get in touch with Ms. Belanger. DOCUMENTS: Opioid Settlement Presentation 4. Discuss Potential Uses for Vacant Town-Owned Properties It was noted that the Town owns approximately 300+/- parcels of vacant land. The Town has recently been approached by a private property owner as to whether the Town would be interested in leasing this land to install a solar field and/or to purchase electricity from a solar company through a PPA. At the same time, there are potential affordable housing, recreation, and other projects that could be undertaken on Town property. The Board can discuss what approach it would like to take to investigate the potential uses and how to develop recommendations for projects to bring forward. Mr. Lucente suggested that the list of properties include attributes for each. Mr. Malloy stated that he can prioritize the list as to parcels that are already protected open space or parcels which potentially warrant designation as parks. Regarding the solar component, Sustainable Lexington is beginning to do an evaluation of the identified parcels, as to which ones might work for a solar field. Mr. Sandeen agreed that there is value in conducting this survey. Mr. Sandeen stated that he believes Sustainable Lexington is not looking at vacant lots, but at areas with impervious surfaces, such as parking lots, and rooftops. 5. Discuss Updating Stone Building Deed Naming the Select Board as the Decision- Making Body Ms. Hai explained that the Cary Library Trustees are asking that the Town pursue an amendment to the deed restriction included in the 1892 sale of the Ellen Stone Building to the Town, which stipulates that it is to be held and maintained under the direction and management of the Trustees of the Cary Library. As the Town and the Library have grown over the intervening 130 years, this arrangement no longer fits within the work of the Library, which operates one of the busiest libraries in the network. The Cary Library Trustees voted to request that the Town pursue an amendment to the Stone Building deed, removing Cary Library Trustees from 'direction and management' of the building. Mr. Makarios noted that the request is only to turn over custody of the building to the Select Board, as opposed to the Trustees. The uses of the building are still going to be restricted as they are in the Trust documents, which are, generally speaking, for educational and Library services. There was discussion regarding the deed restriction uses and that these will still be maintained through this request. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the request of the Cary Memorial Library Trustees to seek legal modification of the deed of the Ellen Stone Building replacing the Select Board for the Library Trustees for purposes of the clause requiring the building be held and maintained under the direction and management of the Trustees of Cary Library. DOCUMENTS: Stone Building Deed, 2022.05.18 Stone Building Decision Making Outline The Board took a five-minute recess. 6. Review and Approve Parking Enforcement in Lexington Center It was noted that the Town has not been enforcing parking meters in the Center and, at this time, has expended funds to replace the parking meter heads. The Board is awaiting comment from the Center th Committee and the Parking Management Group. The Board will take this item up at its December 19 meeting. Mr. Pato requested information regarding parking turnover and revenues to maintain the parking lots into the future. Mr. Lucente stated that he would like to see information regarding utilization of the senior parking program. He stated that a public information plan, if enforcement is agreed upon, will be important. 7. Review and Approve Sidewalk Rentals to Restaurants in Lexington Center Mr. Malloy explained that the Town charged businesses for the use of the sidewalks up until the pandemic started and, as a means to help the businesses, the Select Board requested that to temporarily stopped charging. As there are maintenance costs associated with the Center area, costs were examined to determine what the Town will need to provide notice to businesses for the 2023 season. In checking with several communities around Lexington, very few charge fees. Arlington and Needham do charge fees, but both were significantly lower than Lexington's fees. This will be considered by the Center Committee on thth December 8 and by the Select Board again on the 19 for a vote. 8. Discuss Formation of Ad Hoc Transportation Committee Mr. Malloy explained that, at the last Select Board meeting, the Board and Town Manager discussed the cost/revenues of providing the Lexpress bus service and the Transportation Department. He recommended creation of an Ad Hoc Committee to review the future of the Lexpress bus service in a timely manner for the FY25 budget process. The Select Board indicated an interest in reviewing a charge for such a Committee and he has drafted a charge for the Committee for review. Ms. Hai noted that the membership, seems heavily weighted towards business interests. She suggested changing the Economic Development Director or designee, to the Human Services Director or designee. She also suggested a length of term to be one year, or completion of work. Mr. Sandeen stated that he is unclear as to why another Committee is needed for this review. He suggested that the Transportation Advisory Committee be asked for its opinion first. Mr. Malloy stated that he believes an ad hoc committee makes sense because the Transportation Advisory Committee is overly dedicated to the Lexpress service, as it is. The Town Manager believes that having business interests and someone who deals with the Town finances review the bus service makes sense. One member of the Transportation Advisory Committee has been included in the proposed membership. Mr. Pato stated that he believes the Transportation Manager should be either staffed or appointed to this Committee, in order to take advantage of existing knowledge. Ms. Barry stated that the members section language needs to be made gender neutral. She stated that she is unclear if a Select Board member should be included on the Committee. She recommended that someone from the senior community be included in the representation. She suggested that explicit dates for reporting be included. Mr. Sandeen stated that, if this Committee is to move forward, he would suggest the charter be focused on what is required to run a successful service, such as considering frequency of service and duration of service including start times. He suggested that staff consider eliminating Lexpress fees prior to the committee’s formation so that the committee could have hard data to review when it is formed. Pamela Lyons, 51 Grant Street, urged the Board to send this to the Transportation Advisory Committee. This group has previously addressed many of these points and has institutional knowledge on the subject. Ms. Barrett noted that she would like to see some other groups included in this conversation, to review the array of data available. She echoed Ms. Lyons comments regarding not reinventing the wheel. Mr. Malloy stated that an independent review can bring a lot of validity to a review of a service being provided. Bridger McGaw, Precinct 6, and Vice Chair of the Economic Development Committee, stated that the reality is that the transportation infrastructure is much broader than the 128 Business Council and the operating environment for Lexpress. Recent MOUs, negotiations, and considerations over the past years showcase that the Town is not thinking holistically about how transportation is funded and operated. He urged widening this conversation to additional stakeholders in the Town and development community. Dawn McKenna, 9 Hancock Street, agreed with the idea to use the Transportation Advisory Committee, but also agreed with the additional of other stakeholders. The Board agreed to bring back the committee charge to a future meeting. DOCUMENTS: Ad Hoc Transportation Committee Charge DRAFT ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to adjourn the meeting at 9:16pm. A true record; Attest: Kristan Patenaude Recording Secretary