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HomeMy WebLinkAbout2023-05-22 SB-min Select Board Meeting May 22, 2023 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, May 22, 2023, in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Mr. Pato, Chair; Ms. Barry, Vice Chair, Mr. Lucente, Ms. Hai, 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 - Fire Union (IAFF Local #1491) Ms. Barry recused herself from the Executive Session. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 at 6:00 p.m. that the Board go into Executive Session under Exemption 3 to Discuss Strategy with Respect to Collective Bargaining – Fire Union. Further, Mr. Pato 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 6:27 pm PUBLIC COMMENTS Ricki Pappo, 16 Blossomcrest Road and Precinct 2 Town Meeting Member, stated that she is interested in hearing what the Select Board has to say about the Hanscom Field expansion. Lisa Rhodes, 482 Marett Road and Precinct 9 Town Meeting Member, asked the Board to consider adding a translation butter to the Town’s website. Other comparable communities which use CivicPlus allow for translation services. She stated that this addition would be a public service to the community. Dawn McKenna, 9 Hancock Street and Precinct 6 Town Meeting Member, stated that she is concerned about the way the Recreation Enterprise Fund and the municipal budget are working together. She does not believe this partnership is working the way it did in the past. She asked that Board consider this during its goal setting discussions. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Mr. Lucente explained that the first Hanscom Area Towns Committee (HATS) meeting occurred after a long hiatus. He requested that the Board consider a future agenda item regarding the proposed Hanscom Field expansion. Ms. Barry stated that the Semi Quincentennial Commission met last week. There will be a joint meeting st with Concord, Lincoln, and Arlington on June 1 in Concord to hopefully make determinations on items that the Board can then approve in June, in order to start publicizing these events. Mr. Pato stated that he spoke with the Town Moderator, and she would like for the Board to consider hybrid Town Meetings for the next meeting in the fall. He suggested a brief discussion on this item at the next Board meeting. DOCUMENTS: Select Board Concerns and Liaison Reports - May 22, 2023 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy stated that, regarding the Stormwater Enterprise Fund, some of the increased costs that were initially considered to be the driver behind creating a new Enterprise Fund, have not been seen and the Town has been able to mitigate increases by doing other activities that receive credits through the EPA. This can be a topic for discussion at a future meeting. He noted that he will be retitling the Lexington Citizens Academy to Lexington Civic Academy. Also, there is an earmark of $263,000 specific to Blue Bikes, but these bikes are not located within three quarters of a mile of Lexington, so this needs to be a topic of discussion. Ms. Hai noted that MAGIC is considering a regional network for Blue Bikes as well. DOCUMENTS: Weekly Update 5-12-23, Weekly Update 5-19-23 CONSENT AGENDA 1. Approve Select Board Meeting Minutes To approve and release the following meeting minutes: April 24, 2023 Select Board, April 26, 2023 Select Board and May 8, 2023 Select Board DOCUMENTS: DRAFT 04242023 Select Board Minutes, DRAFT 04262023 Select Board Minutes, DRAFT 05082023 Select Board Minutes 2. Select Board Committee Reappointment Lexington Housing Assistance Board (LexHAB) - To reappoint Lester Savage III to the Lexington Housing Assistance Board (LexHAB) for a three-year term set to expire on May 31, 2026. 3. Select Board Committee Resignation -Lexington Council for the Arts To accept the resignation of Douglas Urban from the Lexington Council for the Arts effective immediately. DOCUMENTS: Resignation Letter - D. Urban 4. Select Board Committee Appointments To appoint Elisa Kim to the Design Advisory Committee as full member to fill an unexpired one-year term set to expire on September 30, 2023. To appoint Bonnie Karshbaum and Pamela Winters to the Town Celebrations Subcommittee both to fill unexpired one-year terms set to expire on June 30, 2023. To appoint Scott Cooper and Patricia Nelson to the Zoning Board of Appeals as associate members to both fill unexpired one-year terms set to expire on September 30, 2023. DOCUMENTS: 2023 Design Advisory Committee Application - E. Kim, 2023 Town Celebrations Subcommittee Application - B. Karshbaum, 2023 Town Celebrations Subcommittee Application - P. Winters, 2023 Zoning Board of Appeals Associates Application - S. Cooper, 2023 Zoning Board of Appeals Associates Application - P. Nelson 5. Approve and Sign Proclamations To approve and sign a proclamation recognizing the month of June as Immigrant Heritage Month. To approve and sign a proclamation recognizing the month of July as Park and Recreation Month. To approve and sign the amended proclamation recognizing National Gun Violence Awareness Day on Friday, June 2, 2023, the first Friday in June. DOCUMENTS: 2023 Immigrant Heritage Month Proclamation, 2023 Park and Recreation Month Proclamation, 2023 National Gun Violence Awareness Day Proclamation – Amended, 2023 National Gun Violence Awareness Day Proclamation - Redlined 6. Dissolve Tax Deferral and Exemption Study Committee To dissolve the Tax Deferral and Exemption Study Committee. DOCUMENTS: Tax Deferral and Exemption Study Committee Letter of Recommendation for Dissolution 7. Application: One-Day Liquor License – Lexington Retailers Association, 13 Depot Square/Driveway in Front of Depot Building into Emery Park 2023 Lexington Discovery Day Beer Garden To approve a One-Day Liquor License for the Lexington Retailers Association for the purpose of serving beer, wine, and liquor in a beer garden within a cordoned off area on the driveway in front of the Depot Building, 13 Depot Square and partially into Emery Park* during Lexington Discovery Day on Saturday, May 27, 2023 from 11:30am to 3:30pm. *The location for the Lexington Discovery Day beer garden is subject to modification as may be required by Department of Public Works and Town Engineering up to the time of the event due to potential work for the Center Streetscape Project expansion. DOCUMENTS: 2023 Lexington Discovery Day Beer Garden Location Map, 2023 Discovery Day Beer Garden Procedures for Serving Alcohol 8. Application: One-Day Liquor License – Dana Home Foundation, 39 Marrett Road 2023 Dana Home Foundation Awards Reception To approve a One-Day Liquor License for the Dana Home Foundation for the purpose of the 2023 Dana Home Foundation Awards Reception to be held in the Dining Room of the Lexington Community Center, 39 Marrett Road, on Wednesday, June 7, 2023 from 6:00pm to 8:45pm. DOCUMENTS: 2023 Dana Home Foundation Event Layout, 2023 Dana Home Foundation Procedures for Serving Alcohol VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on Solar Canopy for Police Station Project Mike Cronin, Director of Public Facilities, explained another design charette was held on May9, 2023. The designer for the Police Station attended and presented other ideas, including one similar to tree branches that hold open some of the solar canopies. It was discussed that heights lower than 14’6” are possible through these designs. Many different scenarios were discussed. The next design charette is scheduled for May 30, 2023 at 5pm and there is an Historic Districts Commission (HDC) meeting on June 1, 2023. The hope is to see a detailed, refreshed design at the charette which can then be sent along to the HDC for consideration along with the original design. Mr. Lucente thanked Mr. Cronin for making this an inclusive process with neighbors. One lingering question seems to regard around cost of the project. The cost and proposed design will need to be reconciled at some point. Mr. Cronin agreed that the proposal is to get a rough cost estimate on the refreshed design idea. Ms. Hai asked if lowering the original design will change the support structure. Mr. Cronin stated that this should be a benefit in creating a lower weight. Ms. Hai asked why the original height was proposed. Mr. Cronin explained that the original scenario included a solar panel canopy attached to two buildings, which built a courtyard approximately 30’ tall. The HDC thought a taller canopy could be more beneficial for those at ground level to see through it, which led to a 20’ canopy height. The Board discussed potential timing of the meetings and approval from the HDC. 2. Discuss and Approve American Rescue Plan Act (ARPA) Request Ms. Battite stated that the proposal is for the Board to consider increasing the previous approval of $10,500 for accessible basketball hoops at the Center Recreation Area to $19,936, as increase of $9,436, due to price increases. The Board discussed its support of this proposal. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the request to increase the use of ARPA funds for the accessible basketball hoops to a total of $19,936. Ms. McKenna expressed concern regarding the amount of ARPA funding already spent, without addressing two major tourism initiatives that were put forward in the beginning, the Visitor Center for Liberty Ride, and an electric trolley. DOCUMENTS: Recreation Request, ARPA Spreadsheet Updated 5-17-23 3. Presentation - Residential Solid Waste Regulation Amendment & Fees The Board reviewed the proposed Residential Solid Waste Regulations and the proposed fee schedule. Ms. Hai, Mr. Lucente, and Ms. Barry expressed concern with pushing this item forward at this time. There was discussion regarding socializing this more. Mr. Sandeen noted that the Town does need to address what to do with its trash. However, this may need to be explored as a holistic level. Mr. Malloy noted that, if the Board chooses not to implement this, the budget was built around not having a $250,000 expense. Thus, there would either need to be a vote at fall Town Meeting to appropriate free cash, or ARPA funds for this expense. Also, this cost would need to be absorbed into next year’s budget. Peter Kelly, 24 Forest Street, asked who will be served by this system and if this will be a better system than is currently in place. This needs to be done openly, rightly, and considerately. Ricki Pappo, 16 Blossomcrest Road and Precinct 2 Town Meeting Member, stated that the trash situation in Town needs to be dealt with. The waste issue needs to be discussed holistically. If fees are necessary to get rid of certain large items, then this may be the case for now. Dawn McKenna, 9 Hancock Street, noted that charging for trash seems to be the message for this item that is going to citizens. The plan has not been well communicated to the public. She does not agree with using ARPA funds for this program. The Board should consider fairness of the cost for this program. Eric Michelson, 45 Circle Road, stated that there needs to be a lot more community outreach and education on this program. The plan seems hypocritical and contradictory in many ways. Mr. Pato stated that this is an item that is becoming increasingly of concern for the broader community. Massachusetts is running out of waste disposal locations, such as landfills. This issue cannot be simply kicked down the road, but the community needs to have a discussion regarding broad-based solutions. He is inclined to defer imposing fees at this time and begin to examine how to address waste holistically. He suggested that people attend the hybrid meeting this week on the Zero Waste Plan to get a better sense of the definition of problems facing the Town. Mr. Malloy noted that there are reasons to have user fees, and the number one reason is equity and fairness to make sure that only those people that use a particular service are paying for it. Mr. Pato suggested that the Waste Reduction Task Force work on this item and bring some options back to the Board for discussion at its June 5, 2023 meeting. Ms. McKenna noted that meetings may be less well attended within the next few weeks, due to the end of school and other events. She suggested including others who may have dissenting views on the topic to be involved in the Task Force. DOCUMENTS: Proposed Regulations Amendments - Ch. 181, Proposed Fee Structure 4. Request to Name Billiard Room at Lexington Community Center Dan Busa, Lexington Rotary Club, stated that the Rotary Club is requesting to name the billiard room at the Community Center after John "Jack" Maloney. He explained that Jack was a member of the Rotary Club for over 50 years. Ms. Barry stated that the Recreation Committee has reviewed the request and voted unanimously to support it. Ms. Hai stated that she supports the request and would recommend that the Board consider a formal policy in the future plaques, similar to that for memorials and monuments. The Board discussed the location and size for the proposed plaque. It was noted that the group proposing this followed the process for naming portions of buildings. The Board requested to see the final design of the plaque for their approval prior to installation. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to name the billiard room at the Lexington Community Center the John "Jack" Maloney Memorial Billiard Room. DOCUMENTS: Rotary Club Request, Christine Dean Memo, Facilities Naming Policy 5. Lexington Farmers' Market - Recap of 2022 and Preview of 2023 Markets Leslie Wilcott-Henrie and Kim O'Brien, Lexington Farmers' Market, presented to the Board. Ms. Wilcott- Henrie explained that there were approximately 600 people attending each market in 2022, with one market seeing 800 people. This is comparable to the numbers seen in 2021. She stated that the accessibility and parking for the Farmers’ Market space is nice. On average, there were 23 farmers and vendors that participated each week. The space allows for expansion, including some additional vendors. The Market continues to prioritize food producers who are from Lexington and surrounding communities, including Lexington residents who own specialty food businesses. The Market hosted 15 local community groups, including some of the Town departments. The Market depends on volunteers, with more than 30 helping throughout the season. The Farmers’ Market’s SNAP Match Program supported 45 households on average per market, and the Market provided over $17,000 in matching funds, privately raised. This was a 37% jump from last year. The Market was thankful to receive a $10,000 grant from the Town's Economic Development Department through the Local Business and Nonprofit Organization Grant Program. This funding was used directly in support of the SNAP Match Program and enabled the Market to meet the increased demand. th Ms. O’Brien explained that the Market will open on May 30 for this season. The Market will offer 32 farmers and specialty food vendors this year. There will be five new vendors this year. She noted that the Market would love for additional Town departments to be part of the community tent this year. There will be live or recorded music at each market. This year there will be two additional parking spots marked for ADA accessibility, along with an improved curb cut for those in wheelchairs, and a level surface for the access road and entrance. She thanked the Commission on Disability, Recreation Department, and the DPW for their assistance with those improvements. The Market has applied for an additional grant to support the SNAP Match Program through the Local Business and Nonprofit Organization Grant Program. She noted that there are plenty of opportunities for people of all ages to volunteer at the Market. DOCUMENTS: LFM 2022 Recap, 2023 Preview The Board took a brief recess from 8:54 – 8:59pm. Mr. Pato amended the order of the agenda to take up Item 7 prior to item 6. 7. Approve Purchase and Sale Agreement for Lexington Housing Assistance Board (LexHAB) Purchase of Property - 93 Woburn Street – The Board took up this item at this time. Sarah Morrison, Executive Director of LexHAB, explained that LexHAB is requesting approval to purchase a property at 93 Woburn Street. This is a ranch house, two bedrooms, 880 s.f., for a total purchase price of $625,000. The intention is to purchase this with a combination of CPA funds and ARPA funds, but LexHAB is prepared to come up with the funding, if needed. LexHAB feels that this is an important addition for the affordable housing inventory. Mr. Malloy stated that this item is slated for the ARPA discussion as a potential use of ARPA funds. Town Counsel has had an opportunity to review the purchase and sale agreement and had no real concerns. Town Counsel, Mina Makarios, stated that the only item of note is that an affordable housing restriction will eventually need to be placed on this property. Ms. Morrison explained that LexHAB is working in concert with the Town on a Memorandum of Understanding in preparation for the transition of this property. The mission of LexHAB is to maintain and purchase affordable housing. LexHAB works to make sure that the deeds are lined up as appropriate for that. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the purchase and sales agreement for 93 Woburn Street for $625,000 dated May 15, 2023, for affordable housing purposes. DOCUMENTS: Purchase and Sales Agreement 6. Presentation - Statement of Concern for Lexington's Trees Citizens Charlie Wyman, Nancy Sofen, and Dan Miller presented a statement of concern for Lexington trees to the Select Board citing the importance of trees, need to protect and strengthen tree canopy, and offered suggestions the Town might take to address these concerns, including increasing planting of trees in Town to at least 250 per year, and increasing the staffing and resources available to the Forestry Division to support this work, including a full time Tree Warden. Mr. Sandeen asked how the group would propose to handle the larger issues at hand. Ms. Sofen stated that the Tree Committee has a working group for bylaw updates, and one of the things it is considering is expanding the bylaws. Many towns require a permit for tree removal anywhere on a lot, whether it is under construction or not. This would likely require more staffing for enforcement. Mr. Lucente noted that there could be a consideration toward creating incentives around trees. Ms. Hai stated that she believes public education is a large portion of this item. She suggested that the community tent at the Farmers’ Market might be a great place to introduce this information to the public. Mr. Pato noted that there should be conversation around how to build denser housing while still preserving more of the trees in an area. DOCUMENTS: Presentation - Statement of Concern for Lexington's Trees, Letter - Statement of Concern for Lexington's Trees ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 9:26pm. A true record; Attest: Kristan Patenaude Recording Secretary