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HomeMy WebLinkAbout2023-04-12 SB-min Select Board Meeting April 12, 2023 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Wednesday, April 12, 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. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports th Ms. Barry stated that she would like to have a future agenda item regarding the 250 Anniversary Celebration, along with how the Committee will work with the Economic Development Department. Ms. Hai stated that this would likely be a good topic for a June work session of the Board. DOCUMENTS: Correspondence Secretary Report - April 12, 2023, Select Board Comments at Naming Ceremony of the Kenneth J. Donnelly Fire Headquarters TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy stated that, regarding Article 13 – lead/copper lines, the original intention was to take $1.3M from retained earnings and the water rate and use that to offset a portion of the estimated project cost. However, this money can be borrowed at 0% interest, which will eliminate the interest on $1.3M over a period of years. This will save the Town approximately $300,000. Also, regarding Article 27, staff and Town Counsel have been informed that the proposals contained in the Article will allow the Town to be one of the pilot communities. DOCUMENTS: Weekly Update 4-7-23 CONSENT AGENDA 1. Approve and Sign Awards for Patriots' Day 2023  Minuteman Cane Award To approve and sign a proclamation for the 2023 Minuteman Cane Award.  Outstanding Youth of Lexington Award To approve and sign a proclamation for the 2023 Outstanding Youth of Lexington Award.  Pat Flynn Youth Award To approve and sign a proclamation for the 2023 Pat Flynn Youth Award. DOCUMENTS: 2023 Minuteman Cane Award - Fran Ludwig, 2023 Outstanding Youth of Lexington Award - Ella J. Lucente, 2023PatFlynnYouthAward-ShrutiPokharna 2. Application: One-Day Liquor License – Lexington Symphony, 1605 Massachusetts Avenue  Post-Concert Reception To approve a One-Day Liquor License for Lexington Symphony to serve wine in the lobby outside of Estabrook Hall on the lower level of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of a post-concert reception on Saturday, May 6, 2023 from 9:00pm to 11:00pm. 3. Approve Select Board Meeting Minutes  March 13, 2023 Select Board  March 20, 2023 Select Board  March 22, 2023 Select Board To approve and release the following meeting minutes: March 13, 2023 Select Board; March 20, 2023 Select Board; March 22, 2023 Select Board DOCUMENTS: DRAFT 03132023 Select Board minutes, DRAFT 03202023 Select Board minutes, DRAFT 03222023 Select Board minutes VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review and Approve Request to Increase Appropriation for the Tree Revolving Fund Dave Pinsonneault stated that this request is to increase the authorization from the Lexington Tree Fund Revolving Fund from $75,000 to $125,000 for the tree replacement at the Center Recreation Area. The current balance in the fund is $350,000. Mr. Pato noted that this is being requested and supported by the Tree Committee. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to increase the Lexington Tree Fund Revolving Fund authorized expenditure from $75,000 to $125,000 for the purpose of planting trees at the Center Recreation Area. DOCUMENTS: MGLCh.44,Sec.53E1/2 2. Vote to Petition Massachusetts Department of Transportation (MassDOT)  Reduce the Regulated Speed Limit From 35 Miles Per Hour to 30 Miles Per Hour on Lincoln Street Between Middleby Road and Audubon Road  Reduce the Regulated Speed Limit From 40 Miles Per Hour to 30 Miles Per Hour on Marrett Road From Malt Lane to Follen Road Sheila Page, Assistant Planning Director, explained that, in response to safety concerns, the Transportation Safety Group (TSG) engaged TEC, Inc. to conduct speed studies on Lincoln Road between Middleby Road and Audobon Road and on Marrett Road between Malt Road and Follen Road to evaluate the speeds following MADOT protocols. In summary, the recommendations are:  Lincoln Street - To reduce the speed limit from 35 MPH to 30 MPH  Marrett Road - To reduce the speed limit from 40 MPH to 30 MPH  Concord Ave - No current action Mr. Sandeen commented that Town engineering staff has on a number of occasions advised the Select Board that changing the geometry of roads is the most effective way to reduce traffic speeds and asked if any work will be done to change the geometries of the roads to reduce the speeds. Ms. Page stated that, for Lincoln Road, lines will be painted to narrow the lanes to 10’ each. No other dramatic changes are proposed to the roads. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve reducing the speed limit on Lincoln Street from 35 MPH to 30 MPH and further, to request MADOT review reducing the speed limit on Marrett Road from 40 MPH to 30 MPH. DOCUMENTS: Memorandum, Speed Request, Speed Study, Marrett and Lincoln Map visual 3. 2023 Annual Town Meeting – Select Board Article Discussion and Positions Ms. Barry changed her position on Article 16h to a no. Regarding Article 16i, Mr. Lucente stated that he attended the public meeting on this matter and is recommending that the Board postpone this Article indefinitely at this time, in order to listen to neighbors on this project and consider other ideas. Mr. Sandeen stated that the Board can choose to move forward with the project in spite of the concern raised by the neighbors, or the Board can delay this project to be voted on at fall Town Meeting, which would delay the project for at least a year and raise costs. He suggested a third option of calling a special Town Meeting at the end of May in order to further consider options, without pausing the project for too long. Mr. Malloy stated that there have been 19 public meetings plus and additional two meetings with abutters over a period of the last 14 months. The project, as planned, is consistent with the Select Board goals and Town Meeting resolution. The project has been planned to be constructed in a manner with the parking lot which will include porous pavement to meet the Town's stormwater management requirements for the overall Police Station project. There are concerns for delaying the canopy project and the Board will need to provide some direction on its policy objectives for the following options, should there be a decision to delay. A short delay with a special Town Meeting in the spring is not practical, as the architect would need to develop a new design and receive approval from the Historic Districts Commission (HDC). There th would be additional design costs associated with this approach. The HDC meets on May 4, and it is not likely that a design would be completed by that time. There are more expensive options, such as constructing the parking lot and then demolishing to install the footings, as a new design may have footings in different locations. The other option is to move forward with porous pavement parking lot and eliminate the canopy all together except for on the roof, which is likely the most expensive option. The proposal submitted by the abutter, Mr. Erickson, could not be built as suggested because it has footings in the middle of the parking spaces, leaving the Town no way to maintain that area. The proposal from the Town’s architect design has 14,850 s.f. of panels, while Mr. Erickson’s proposal would have approximately 12,070 s.f. of panels, or about 20% less solar generation. Mr. Erickson's design also increases the cost of the project by approximately $570,000. The canopy project that is before Town Meeting has resulted in a collaborative effort between the Town's architect, Public Facilities Department, Permanent Building Committee, Sustainable Lexington, and the HDC. The proposal fits into the historic Town center and also meets the Town’s sustainability goals. The design is attractive for a solar canopy and will allow the Police Station to be at, or near, net zero. There are no practical design alternatives that will make the solar canopy less visible. There is a substantial electric savings versus additional electrical costs associated with not pursuing the project. There are substantial construction sequencing implications with delaying the project to the fall Town Meeting, and holding a special Town Meeting is not practical. Town Staff continues to recommend the current project, as approved by the HDC as the best design that meets the Town’s goals and recommends the Select Board vote to approve the project and recommend funding at Town Meeting this evening. Ms. Hai stated that she is comfortable with the design, as proposed. She is also troubled by the discomfort of so many of the direct abutters. Mr. Pato stated that he is disappointed that there were opportunities to have executed more effectively in engaging the neighborhood. However, there have been a lot of opportunities to become educated on this project. He stated that he believes if this project is delayed for two years, the Town will end up with essentially a similar project to the proposal. There are significant financial issues here, both in the construction costs and in the revenue that the Town would be making from the electricity produced. There is a strong need for the community to say that there is a climate crisis, and the Town has chosen to make changes to reduce its impact on the environment. This is not free in the Town’s financial investment, and it is not necessarily free in aesthetic concerns. The Board has an obligation to bring this to Town Meeting because it told the public it would do so in the fall. Ms. Barry stated that, while she believes a project should be brought to Town Meeting, she is not sure this is it. She is in support of the solar part of the project. At the end of the day, the project that is before the community was not well socialized with the director abutters. This goes against the majority of what this Board has stood for. The mistake regarding lack of notification lands on the Board and staff, and this needs to be acknowledged. The Board has a fiduciary responsibility to the community. She noted that there is a lot of dirt on the site that could possibly become a temporary parking lot. She would support indefinite postponement of this item. Ms. Gens, 16 Dane Road, stated that she believes the abutters need to be honored, but the entire community, which would be benefiting from this project, also needs to be honored. The Police Station should be a source of resilience. If it is built without solar, the Town is limiting its ability to have an island of resilience in extreme weather and whenever there is an outage. Dawn McKenna, 9 Hancock Street, stated that the hallmark of this community has always been the engagement of its citizens. The Board should treat its residents as though it values their opinions, in order to have engagement that makes this community great. David Kanter, Precinct 7 Town Meeting Member, stated that there are approximately 10,000 taxpayers in Town. The idea of IP’ing this Article eliminates the possibility for the representative members of Town to have an opportunity to understand both sides of the equation. Cynthia Arens, 7 Kitson Park Drive, stated that there is lot of money at stake here. Residents are also important. The Town’s commitment to the climate crisis is important. Supporting this affects not only the abutters, but every single current resident and every single future of Lexington and its neighbors. Ted Page, 6 Fletcher Avenue, challenged the notion that a two months delay would derail this project. He noted that the Federal Highway Administrator lists the height for an urban freeway overpass at a maximum of 16’. The proposed structure is 20’ tall, at the entranceway to Lexington This is not an abutters issue. This is a Town issue. Pamela Lyons, 51 Grant Street, stated that the HDC has not yet issued a certificate of appropriateness. The hearings that were held, were held without notification to abutters. The HDC might have come to a different conclusion with that input. Mr. Malloy stated that the HDC did provide notice to abutters within 100’ of the Police Station project. The notification process is that same that is used for every other applicant of the HDC. There is a special act that deals specifically with the HDC, giving them the authority to determine who the affected parties are to receive notice. Mr. Lucente stated that the flaw was not that notices were not provided at all for the project, but that notices were not provided to the people that abut a certain piece of the project. The Fletcher Park residents were not included. He noted that there is a memo from the HDC Chair stating that it seems problematic that properties immediately adjacent to the proposed construction were not notified. Mr. Sandeen stated that he would support a two month pause to consider this further. If this is not an option, he would like to bring it to Annual Town Meeting as planned. The Board needs to balance the needs of both the Town and its commitments to address climate change. A year’s delay in this project could raise the cost by approximately 25%. He would not support an indefinite postponement. Mr. Lucente stated that he believes it would be a mistake to bring this to Town Meeting at this time. Mr. Malloy stated that Town Meeting’s role is to appropriate funds. The concern that has been raised is that the HDC did not give broad enough notice. The HDC has not yet issued a certificate of appropriateness. Town Meeting could vote to approve the appropriation. At which point, the Board could pause until the HDC, has renoticed the hearing and issued a certificate. Mina Makarious, legal counsel, stated that notice does not legally matter until a hearing is closed. Defects in notice can be corrected during an ongoing hearing. As the HDC hearing is not closed, it makes perfect sense to continue this and hear additional comments in order to make a decision. Ms. Hai suggested that the Town Meeting could approve the appropriation, subject to the Board's requirement that the HDC renotice using both addresses and subsequent to a satisfactory process. This would alleviate the need to have a special Town Meeting but would delay the project until that process is completed. Mr. Lucente stated that he is not comfortable with this practice. It is not fair to ask Town Meeting for a blank check for a project design that is not yet finalized. Ms. Barry agreed. th Ms. Hai suggested asking the Moderator to move Article 16i to the Town Meeting date of April 24 or later. A majority of the Board supported this suggestion. Regarding the Article 34 Burger amendment, Ms. Barry moved to a wait. Regarding Article 27, all Board members were in favor. DOCUMENTS: Police Station Solar Canopy, Moderators proposed schedule for ATM articles (as of 4- 11-2023), Art 27 Fossil fuel motion redline, Art 27 fossil fuel motion, Art 27 update, Presentation to Abutters 4-4-23, Tecton - Lower Canopy Height Presentation, Solar Canopy Economic Analysis, Erickson Presentation 4-4-23, WATER ENTERPRISE Update (Articles 5 & 13), Town Manager Memo 4-12-23 Article 16i, Select Board Working Document - Positions 2023ATM ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 7:14pm. The next scheduled meeting of the Select Board will be held on Monday, April 24, 2023 at 6:00pm via hybrid participation and prior to the start of Annual Town Meeting. A true record; Attest: Kristan Patenaude Recording Secretary