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HomeMy WebLinkAbout2023-03-08 SB-min Select Board Meeting March 8, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Wednesday, March 8, 2023, in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. 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 called the meeting to order at 6:30pm. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining – Public Employee Committee Ms. Barry recused herself from this item. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 at 6:31 p.m. that the Board go into Executive Session under Exemption 3: Discuss Strategy with Respect to Collective Bargaining – Public Employee Committee. Further, Ms. Hai declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. Select Board reconvened to open session at 6:51 pm PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Announcement: The net estimated State Aid for Lexington, released in the Governor's FY24 budget, included a $2.3 million increase over budget expectations! 2. Select Board Member Concerns and Liaison Reports TOWN MANAGER REPORT 1. Town Manager Weekly Update Town Manager Malloy stated that he held the first Java with Jim session last week and it went very well. The bids for both the Center Rec bathrooms and hardcourt surfaces projects opened last week and are in within the appropriations. These bids will be awarded and moved forward with. The Center Streetscape project is being nominated for Project of the Year by the American Public Works Association. Town Manager Malloy noted that earlier this week the Supreme Judicial Court ruled on Barron v. Southborough, essentially ruling that the free speech amendment in the State Constitution prohibits local governments or any public body from prohibiting free speech during their meetings. Mr. Pato noted that, while this speaks to the content of the speech, the Board still has a two-minute limit which is enforceable. Ms. Hai also noted that there is a distinction between allowing someone to speak and broadcasting that speech. Mr. Malloy agreed that the Court ruled that provoking and threatening statements cannot be made. A memo from Town Counsel will be issued on this item. Mr. Lucente stated that he would like this information shared with other Town boards/committees. In response to a question from Mr. Sandeen, Mr. Malloy stated that he believes the Board will need to amend its policy on this item. DOCUMENTS: 3-3-23 Update CONSENT AGENDA 1. Approve and Sign Eagle Scout Commendation Letters to Timur Bendlin, Naoya Miyamoto Rohit Ramanathan, David Zhao To approve and sign letters of commendation congratulating Timur Bendlin, Naoya Miyamoto, Rohit Ramanathan and David Zhao of Boy Scout Troop 160 for attaining the highest rank of Eagle in Boy Scouting. DOCUMENTS: 2023 Eagle Scout Letter - T. Bendlin - Troop 160, 2023 Eagle Scout Letter - N. Miyamoto - Troop 160, 2023 Eagle Scout Letter - R. Ramanathan - Troop 160, 2023 Eagle Scout Letter - D. Zhao - Troop 160 2. Applications: Battle Green Permits – William Diamond Junior Fife and Drum Corps for the Annual Lexington Tattoo & Parade on Massachusetts Avenue and the Lexington Muster Line Up & Parade on Massachusetts Avenue To approve the request of the William Diamond Junior Fife and Drum Corps to use the Battle Green on Friday, May 5, 2023 from approximately 6:30pm to 8:30pm for the annual Lexington Fife and Drum Tattoo as part of the Lexington Muster weekend, and to further approve the Parade Corps to march down Massachusetts Avenue towards the Battle Green for the annual Lexington Fife and Drum Tattoo starting at 6:45pm. To approve the request of the William Diamond Junior Fife and Drum Corps to use the Battle Green on Saturday, May 6, 2023 from approximately 11:00am to 12:30pm for the purpose of lining up for the Lexington Muster Parade, and to further approve 25 Corps to parade down Massachusetts Avenue towards Hasting Park for the Lexington Muster starting at 12:00pm. DOCUMENTS: Map of Parade Route for Lexington Muster Parade, TMOApproval Letter for Use of Hastings Park 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. Applications: Common Victualler License & Entertainment License, Doaba Inc. d/b/a Spirit of India, 321 Marrett Road Ms. Hai stated that the Select Board is being asked to approve a request for a Common Victualler License for Doaba Inc. d/b/a Spirit of India, 321 Marrett Road for the hours of 10:00am to 9:00pm Sunday through Saturday for seating in a new restaurant. The applicant has worked with the Department of Public Health, Building Department and Zoning Department for their respective required permits and inspections. The Board is also being asked to approve an Entertainment License for the same location. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve a Common Victualler License for Doaba Inc. d/b/a Spirit of India, 321 Marrett Road for the hours of 10:00am to 9:00pm Sunday through Saturday. Further, to approve an Entertainment License for Doaba Inc. d/b/a Spirit of India, 321 Marrett Road for the purpose of providing radio/recorded background music, live performances, and televisions within the restaurant space. 2. Approve Tax Bill Insert - Cary Lecture Series Ms. Hai stated that he Cary Lecture Committee is requesting that the attached flyer regarding the Cary Lecture Series be included as a tax bill insert with the 4th quarter tax bill to be mailed out on March 31, 2023. The printer would need to receive the approved insert by March 15, 2023. In response to a question from Ms. Barry, Kevin Oye, Cary Lecture Committee Chair, stated that this will likely be a half page flyer, but he is willing to work with the printer on a proper size. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the attached flyer regarding the Cary Lecture Series to be included as a tax bill insert with the 4th quarter tax bill to be mailed out on March 31, 2023. DOCUMENTS: Cary Lecture Series TaxBill Insert/Flyer 3. Review and Approve Tri-Ton Health Services Agreement Joanne Belanger, Director of Public Health, explained that the Towns of Lexington, Burlington, and Wilmington have worked on a shared services agreement and Burlington, as the lead agency, has been awarded a Public Health Excellence for Shared Services Grant. The purpose is to increase all three Town's public health capacities by sharing services and resources to improve public health responses and reporting. The Towns sought positions for a grant’s coordinator, public health nursing epidemiologist, community health worker, and health inspector. The Town needs to enter into an MOU which runs for three years to move forward with this agreement. Mr. Lucente asked what the citizens of Lexington can expect from this agreement. Ms. Belanger stated that this will further expand public health programming for all three towns. This will not supplant local public health programs but expand them through shared services. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the intermunicipal agreement between Lexington, Burlington, and Wilmington and further to authorize the Chair to execute the agreement as attached. DOCUMENTS: Intermunicipal Agreement 4. Presentation - Fire Department Emergency Medical Services (EMS) Fee Survey James Robinson, Management Fellow, explained that the Department conducted a rate survey for its ambulance fees and discovered that the Town is quite a bit lower than comparison communities. In looking at the number of transports, based on average rates, the Town would see quite a significant increase in revenue to amend the rates. The rates being recommended are:  Mileage: $36.00 (per mile)  BLS Rate: $1,700  ALS Rate: $2,200  ALS2 Rate: $3,000 Ms. Barry asked if any Town residents have not been able to pay their rates in the past and how this can be addressed. Mr. Robinson stated that he believes collection rates are high in Town and there is not a concern over lack of collection. Derek Sencabaugh, Fire Chief, stated that collection rates are in the 90% range. There have been some requests for reduced payments in the past, and there is paperwork to handle these requests. Mr. Pato asked if the rates are low relative to what it costs to deliver the service. He stated that he does not want the Town to contribute to escalating medical expenses. Chief Sencabaugh stated that this proposal is to keep the Town in step with others around it. The Town’s numbers skew the rate reviews for all surrounding communities. Mr. Malloy stated that the number of fire calls versus EMS calls could be reviewed. That pro rata share could then be applied to the entire Fire Department budget, in order to calculate an approximation of what it costs to run EMS services versus Fire services. He stated that he believes the EMS costs are likely not being covered by the current rates. In response to a question from Mr. Sandeen, Mr. Malloy stated that the money from the increased rates would go into the General Fund and be run through the revenue allocation model. The town would receive approximately $52,000, and the School Department would receive the rest. This additional funding could help offset costs. Mr. Lucente noted that changing the rate does not necessarily equate to an increase in the difference as projected. It is very rare that any one person would actually pay the whole amount, based on insurance. He stated that he believes this amendment keeps with the ongoing increasing costs of providing services at appropriate rates. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to amend the EMS Fee Structure to increase the rate per mile to $36.00; the BLS Rate to $1,700; ALS Rate to $2,200; and ALS2 Rate to $3,000. DOCUMENTS: EMS Rates Survey 2023, EMS Rates Memo 5. Request to Amend Housing Partnership Board Charge Jeri Foutter, HPB Chair, stated that the Housing Partnership Board has requested that the following changes be made to the charge: Change "Board of Selectmen" to "Select Board" Change the number of members from "9" to "13" Add "Quorum: Quorum shall be a majority of members serving" Update Description Amend Responsibilities Update Criteria for Membership Update list of boards and committees naming liaisons to the Housing Partnership Board These changes are being proposed to expand the focus of responsibility beyond affordable housing, to include senior, workforce, moderate income, or the missing middle. Additionally, the HPB is emphasizing its role as an advocate for affordable housing and other housing initiatives. It looks to expand its membership, by changing two liaison positions to become voting members. Harriet Cohen, HPB Clerk, explained that the proposal is to increase membership from nine to thirteen members, but there will only be one new face joining the table. Another request includes not to continue with Commission on Disability or Conservation Commission liaison roles, as these groups have not been replying to repeated requests. The charge has not had material changes since it was first written in 2013. A lot has changed in the housing scene in Lexington in the last ten years. The request would expand the charge to other types of housing in Lexington. It also identifies additional areas for advocacy. The proposed charge also aligns the HPB with the 2022 Lexington Comprehensive Plan. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to amend the Housing Partnership Board charge by making the following changes as proposed: Change "Board of Selectmen" to "Select Board"; Change the number of members from "9" to "13"; Add "Quorum: Quorum shall be a majority of members serving"; Update Description; Amend Responsibilities; Update Criteria for Membership; Update list of boards and committees naming liaisons to the Housing Partnership Board, all as shown, with the exception of the deletion of the Conservation Commission DOCUMENTS: Amended Housing Partnership Board Charge – Redlined, Amended Housing Partnership Board Charge, Housing Partnership Board Charge Revision Cover Letter, Current Housing Partnership Board Charge 6. Discuss Electric Vehicle (EV) Parking Lot Parking Fees Mr. Malloy stated that there are two issues that need to be addressed in the Parking Regulations and parking fees related to the EV Chargers. One is related to the hours that vehicles may be parked at the EV Chargers, and the rate/time of day & days of the week for parking at the EV Chargers. The second item provides the ability for vehicles to be parked at the EV Chargers only overnight. The Board discussed including language that this applies to publicly owned EV Chargers, and that this does not apply during snowstorms. The Board will review the motion language for this item at its next meeting. DOCUMENTS: Parking Proposals 7. 2023 Annual Town Meeting  Proposed Consent Agenda – The Board took up this item at this time. The Board reviewed the Consent Agenda. The Board agreed to consider removing Article 10 subsections e and f from the Consent Agenda. Mr. Pato noted that he needs to further review these items and that his position on removing them may change. Dawn McKenna, Precinct 6 Town Meeting Member, asked about unpaid bills in Article 20. If there is an item to be paid, this likely should not come under the Consent Agenda. Mr. Malloy stated that this will likely be IP’d. Ms. McKenna stated that she also does not believe Article 16 should be part of the Consent Agenda.  Revised Motion - ATM 2023 Article 29: Amend General Bylaws - Tree Bylaw - Changes to Tree Committee Composition  Planning Board Report - ATM 2023 Article 33: Amend Zoning Bylaw - Special Permit Residential Development  Motion and Planning Board Report: o ATM 2023 Article 34: Amend Zoning Bylaw and Map - Multi-Family Zoning Housing for MBTA Communities o ATM 2023 Article 35: Supplemental Inclusionary Zoning Requirements for Village Overlay Districts o ATM 2023 Article 36: Amend Zoning Bylaw and Map - Central Business District o ATM 2023 Article 37: Amend Zoning Bylaw - Action Deadline for Major Site Plan Review o ATM 2023 Article 38: Amend Zoning Bylaw - Minor Modifications to Approved Permits o ATM 2023 Article 39: Amend Zoning Bylaw - Technical Corrections  Planning Board Report and Revised Motion - ATM 2023 Article 40: Amend Section 135 - 4.4 of the Zoning Bylaw - Reduce Residential Gross Floor (Citizen Petition)  Motions: o ATM 2023 Article 4: Appropriate FY2024 Operating Budget The Board unanimously agreed to support the motion for this Article. o ATM 2023 Article 5: Appropriate FY2024 Enterprise Funds Budgets The Board unanimously agreed to support the motion for this Article. Ms. Hai changed her position on Article 10-b to a yes. Ms. Hai and Mr. Lucente changed their positions on Article 10-g to a yes. Mr. Lucente changed his position on Article 10-o to a yes. o ATM 2023 Article 11: Appropriate for Recreation Capital Projects There were some questions regarding this Article and so the Board agreed to not take positions on it at this time. o ATM 2023 Article 12: Appropriate for Municipal Capital Projects and Equipment The Board voted 4-0 to support the motion for this Article. Mr. Lucente noted that he is a wait on section l. The Board was unanimously in support of Article 13. The Board was unanimously in support of Article 14. o ATM 2023 Article 15: Appropriate for School Capital Projects and Equipment The Board unanimously agreed to support the motion for this Article. The Board was unanimously in support of Article 16, subsection g. The Board agreed to all wait regarding Article 16, subsection h. The Board discussed the solar canopy project, Article 16, subsection i. Mr. Malloy explained that the HDC last week voted 4-1 in favor of the large canopy over the parking area. One member wanted to see a design of this, and this request was brought back to the architect. Mr. Lucente stated that he has concerns regarding this item, such as that there are no presentation materials on the Town website for anyone to get information on this project, the neighbors have been displeased with the process, and it is unclear what exactly will be included as part of this project. Mr. th Malloy noted that a public outreach meeting will be held on March 14. In response to a question from Ms. Barry, Mr. Malloy stated that neighbors never received abutter notifications for any meetings on this topic. It is unclear why notifications were not sent for the HDC meetings. Mr. Pato noted that this project appears to be revenue positive from day 1. It is important to have all of the additional detail as mentioned by other Board members. Ms. McKenna stated that she is concerned with the HDC process. This is the second time she knows of with a vote taken by the HDC without public involved. There should not be a vote on the record, as the public was not notified in order to give input. The neighbors of this project have stated that they have not been included in this process and there is not enough time before Town Meeting to explore other options to make the project less expensive. The Board may want to consider IP’ing this item to allow for these things to occur. The Board was in support of Article 16, subsection j, with Mr. Pato recusing himself. o ATM 2023 Article 17: Appropriate to Post Employment Insurance Liability Fund The Board agreed to support the motion for this Article, with Ms. Barry recusing herself. The Board noted that it was 3 yeses and 2 waits regarding Article 19. The Board was unanimously in support of Article 20. o ATM 2023 Article 22: Appropriate for Authorized Capital Improvements The Board unanimously agreed to support the motion for this Article. The Board unanimously agreed to support Article 23. The Board discussed a possible amendment to Article 25. Ms. Hai changed her position on Article 26 to a yes. Mr. Sandeen stated that he is a yes on Articles 28 and 29. Mr. Lucente is a wait on Article 28 and a yes on Article 29. The Board unanimously agreed to support Article 33. The Board discussed Article 34. Regarding Article 36, it was noted that Emory Park has been removed. Ms. Hai and Mr. Sandeen changed their positions to yes. Ms. Barry stated that she is still a wait, leaning no. Mr. Lucente echoed Ms. Barry’s concerns. The Board unanimously agreed to support Article 38. Ms. Hai, Ms. Barry, and Mr. Lucente agreed to support referral to for Article 40. Mr. Pato and Mr. Sandeen stated that they are yeses on the original motion for Article 40. Mr. Sandeen stated that, regarding Article 40, he has noticed that in the last three years of new construction, the average size of a home is 6,700 s.f. When he became a Board member, the average size of new construction was 4,700 s.f. Residents are interested in less expensive housing options. Square footage does not necessarily always correlate with new growth revenue. The Town has seen many smaller homes with very substantial new growth revenue. Mr. Malloy noted that there is a difference between gross floor area (GFA) and gross living area. Gross floor area includes attics, basements, garages, etc. This will drive the numbers down quite a bit than what is proposed. All unfinished spaces in a house are included in gross floor area, but not part of the living area. Mr. Pato stated that revenue is important to the Town, but so is the mass seen when establishing the GFA limits. The original proposals were for a smaller target and compromised higher, and as a result larger budlings have been constructed. He would like to see this consider multifamily units, not simply single- family units. There has to be some value that comes for that kind of density. Mr. Malloy noted that the motion for Article 10, subsection I needs to be rewritten. He stated that there were 23 public meetings held for Article 34 through the Planning Board, many of which invited public participation. It appears there has been a lot of community engagement for this item.  Select Board Article Discussion and Positions This was previously addressed. DOCUMENTS: Art 40 motion changes 2.28.23, Art 40 Revised motion 2.28.23, Art 29 revised motion 2.28.23, Art33PBreport, Art 34 final motion 3.3.23, Art34PBreport, Art 35 final motion 3.3.23, Art35PBreport, Art 36 final motion 3.3.23, Art36PBreport, Art 37 final motion 3.3.23, Art37PBreport, Art 38 final motion 3.3.23, Art38PBreport, Art 39 final motion 3.3.23, Art39PBreport, Art40PBreport, Art 4 motion posted 3.3.23, Art 5 motion posted 3.3.23, Art 11 motion posted 3.3.23, Art 12 motion posted 3.3.23, Art 15 school projects motion posted 3.3.23, Art 17 opeb motion posted 3.3.23, Art 22 cap improvements (IP) motion posted 3.3.23, Select Board Working Document - Positions 2023ATM, Proposed consent agenda draft 8. Select Board Work Session  Updates from January 2023 Select Board Retreat/Facilitated Session o Proposed Select Board Issue Tracker Mr. Pato displayed a prototype tracker for the Board’s review. The Board agreed to move forward with this as a prototype at this time. Once it is decided how this list is populated, items to be included should be noted in the minutes for each meeting. o Communications Matrix Ms. Barry reviewed a communications process between the Select Board and the Town Manager. The Board discussed the frequency and method each Board member prefers for communications from the Town Manager. Ms. Barry asked that emails state ‘CONFIDENTIAL’ when confidential and that emails indicate in some way if a response is needed from Board members.  Discuss Remote Participation Policy and Procedures st Ms. Hai noted that the House passed a bill last week that would extend remote participation until April 1 st or March 31 of 2025. This did not expressly add in hybrid permission for representative Town Meeting. T he Senate passed a different bill, which expressly called out hybrid representative Town Meeting. The two bills now have to go to conference. This will not make a difference for this year’s spring Town Meeting but may effect fall Town Meeting. There will need to be training sessions to address the Remote Participation Policy and Procedures. Mr. Pato noted that there are some sections of the policy which he would like to see revised. Mr. Malloy agreed to work with Mr. Pato on drafting the items proposed to be revised for review by the Board. Mr. Lucente stated that he would like to see the Town move forward with a hybrid meeting policy. This could outline procedures for each board and committee to follow. DOCUMENTS: Presentation - Prototype of a Select Board Issues Tracker, Remote Participation Policy 2017, Post 3-31-23 Email to Committee Chairs ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 9:54pm. A true record; Attest: Kristan Patenaude Recording Secretary