Loading...
HomeMy WebLinkAbout2023-04-10 SB-min Select Board Meeting April 10, 2023 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, April 10, 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. Katzenback, Executive Clerk. CONSENT AGENDA The Board voted on the two consent agenda items separately. 1. Approve and Sign Proclamations  National Library Week  Arbor Day  National Gun Violence Awareness Day To approve and sign proclamations recognizing National Library Week from April 23, 2023 to April 29, 2023; Arbor Day on Friday, April 28, 2023 and National Gun Violence Awareness Day on Friday, June 2, 2023, the first Friday in June. DOCUMENTS: 2023 National Library Week Proclamation, 2023 Arbor Day Proclamation, 2023 National Gun Violence Awareness Day Proclamation VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve Consent Agenda item #1. 2. Approve and Sign Water and Sewer Adjustments Ms. Barry recused herself from this item. To approve and sign the attached Water & Sewer Adjustments as recommended by WSAB on February 23, 2023. DOCUMENTS: WSABAdjSB4-10-23 VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve Consent Agenda item #2. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discuss and Approve American Rescue Plan Act (ARPA) Requests Mr. Malloy explained that the current requests include upgrades to the Community Center audio/visual equipment, $300,000; an Internal Equity Audit, $50,000 to match a grant; lead/copper service line engineering, $329,580; and a sign bylaw update, $75,000. Ms. Hai stated that she fully supports the internal equity audit request. She has a concern with the lead/copper line engineering, as this was originally proposed to be funded by a zero-interest loan through the MWRA. Dave Pinsonneault stated that the zero-interest loan will still be applied for. There is no ongoing cost once these services are completed. This is an acceptable use under ARPA guidelines. The Town needs to fund the full project in order to apply for the zero-interest loan. Ms. Hai asked if the sign bylaw update should be part of regular staff/committee work. Mr. Pato stated that he is comfortable with all of the requests except for the sign bylaw, and he would like to consider if there are other items that could use this funding instead. Mr. Lucente stated that he believes there could be a nexus for the sign bylaw update regarding economic revitalization. Mr. Malloy agreed that small businesses have continued to bring up sign bylaw issues. Some businesses have struggled for 4-6 months to obtain sign permits. This funding would propose recommendations for the sign bylaw that would then need to go through the zoning update process. Ms. Barry stated that she sympathizes with the businesses struggling with the sign bylaw, but she struggles with using ARPA funding for this item. There are other sections of the bylaw that also need updating, and she would like to look at all of these in a holistic matter, or through the proper funding path. Regarding the equity audit, she asked how the match will be funded, if not via ARPA funding. Mr. Malloy stated that a Town Meeting appropriation would be needed if this cannot be funded via ARPA. Mr. Sandeen supported the energy audit and believes there is a nexus for it. He expressed concern regarding the funding request for the lead/copper engineering. He believes this project would have been completed with or without the pandemic and that the ARPA funds should be utilized for businesses. Mr. Pato asked if the Design Advisory Committee has been asked to work on the sign bylaw. Ms. Iyer stated that she has been before the Economic Development Advisory Committee, the Tourism Committee, and the Center Committee regarding this item, along with several businesses in Town. The nexus for this item is to follow along with the Design Advisory Committee and Zoning Board in a streamlined process. Some businesses are struggling to get their sign permits in Town. Mr. Pato suggested that residents could suggest bylaw changes that could then be properly formalized. Ms. Hai stated that there does not seem to be consensus on the sign bylaw update request. There seems to be support for changes to the sign bylaw, but there are also other bylaws which need updating. She would like the Board to discuss these items holistically. Mr. Malloy explained that, regarding participatory budgeting, staff is recommending that the Board approve the top four projects in the weighted voting category, which includes those projects that received the most votes and are weighted based on highest priority of the voters. The total cost of these projects is $505,000. The recommendation includes a request to the Select Board to increase the ARPA appropriation for this request by $5,000 to cover the overage. Those projects being recommended are: flashing lights at crosswalks and the bike path, $250,000; improvements to conservation land, $100,000; benches and picnic tables at open spaces, $70,000; and a dog park, $85,000. The Board supported the participatory budget items, as presented. Dawn McKenna, 9 Hancock Street, noted that there are different projects in the unweighted version, and it feels as though the rules are being changed halfway through the process. She requested that the Board make a vote based on the criteria as originally laid out. Mr. Sandeen stated that he believes, for future participatory budgeting processes, that the Select Board and Town staff should make it clear to all voters in advance whether the votes will be tallied using the weighted or unweighted methods. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0-1(Mr. Sandeen abstained) to approve the following requests out of ARPA, which are the Internal Equity Audit for $50,000 and a match to the grants and the Lead and Copper Service Line engineering costs of $329,580 and Further, approve increasing the appropriation for participatory budgeting for this year from $500,000 to $505,000. DOCUMENTS: ARPA Spreadsheet 4-7-23, Community CenterAVRequest, Lead and Copper Engineering Request, Internal Equity Plan Request, Sign Bylaw Update Request, Participatory Budget 12-15-23 Descriptions, Participatory Vote Tally Final 2. Approve Expenditure of Funds for Gift of Cash Received by Fire Department Ms. Hai explained that the Lexington Rotary Club has donated $15,412 to the Lexington Fire Department to be used to purchase a DJI Matrice M30T public safety drone. This drone will allow the Fire Department to utilize this technology to assist at many different incidents. Examples include large structure fires, brush fires, HAZMAT, and missing persons. The uses of this technology will be a great benefit to the overall operations of the Fire Department. Under MGL Ch. 44, §53A Town Departments can accept a cash gift, but cannot spend it until the Select Board has approved the purpose for which the donation was made and authorize the purchase. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to authorize the use of funds donated by the Rotary for the purpose of purchasing a drone as presented by the Fire Department. DOCUMENTS: Rotary Letter 3. 2023 Annual Town Meeting  Motions: o ATM 2023 Article 33: Amend Zoning Bylaw - Special Permit Residential Development ATM 2023 o Article 34: Amend Zoning Bylaw and Map - Multi-Family Zoning Housing for MBTA Communities Regarding Article 33, Ms. Hai explained that the Special Permit Residential Development Committee considered both the Arens’ amendment and the original Jensen/McBride amendment. The Committee was unanimously opposed to both amendments. There has since been a revision to the Jensen/McBride amendment, but that was not reviewed by the Committee. Other positions from other committees have also been received. The Board agreed to wait to vote on the amendments until it hears from the Planning Board regarding its vote. Regarding Article 34, all Board members were unanimously against the McKenna, et al working group amendment. Regarding the Burger proposed amendment, Mr. Lucente and Mr. Sandeen were in favor; Ms. Hai, Ms. Barry, and Mr. Pato were against. On the main Article 34 motion, Mr. Lucente remained a wait, Ms. Barry and Mr. Sandeen changed to yeses. Ms. McKenna expressed disappointment that the Board took positions before hearing from her group. She stated that every neighborhood in a Town is part of its community. She stated that she believes this is diminished when stating that this is not being proposed in the right parts of Town. This amendment does show leadership, as it proposes a plan that includes 134 acres of multifamily housing, far beyond the 50- acre minimum. The Board reviewed their thoughts on Article 33 and its proposed amendments. Ms. Hai noted that the Planning Board voted against both amendments unanimously. She explained that the Jensen/McBride amendment replaces site plan review with a return to special permits. Regarding the Jensen/McBride amendment, Ms. Hai, Ms. Barry, and Mr. Lucente were against; Mr. Pato and Mr. Sandeen remained waits. On the underlying Article 33, all Board members were in favor. In response to the Arens amendment, Mr. Lucente and Ms. Hai were against; Mr. Pato, Ms. Barry, and Mr. Sandeen were in favor. Cynthia Arens, 7 Kitson Park Drive, stated that she believes the amendment will allow for additional building through the bonuses provided.  Select Board Article Discussion and Positions No other articles or positions were specifically addressed at this time. DOCUMENTS: Art33SPRDmotion, Art 33 Arens amendment, Art 33 Proposed Amendment Jensen/McBride revised 4.6.23, Art 33 Proposed Amendment Jensen/McBride redlined revised 4.6.23, Art34motion, Art 34 Mckenna and working group amendment Revised 4.7, Art 34 Mckenna and working group amendment revised redlined 4.7, Art 34 McKenna and working group amendment slides, PB Recommendation Art 34 Amendments, Moderator's Proposed ATM Schedule (as of April 7, 2023), Art 34 Burger amendment revised 4/10, Select Board Working Document - Positions 2023ATM ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 7:01pm. A true record; Attest: Kristan Patenaude Recording Secretary