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HomeMy WebLinkAbout2023-06-12 SB-min Select Board Meeting June 12, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, June 12, 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; and Ms. Katzenback, Executive Clerk. Chair Pato called the meeting to order at 6:30pm. He noted that this is a working session, but the Board will take public comment on Items 1 and 2 as part of the Individual Consideration topics. Ms. Barry expressed the Board’s sympathies to former Town Manager Carl Valente on the unexpected passing of his wife Maureen over the weekend. CONSENT AGENDA 1. Application: One-Day Liquor License – Spectacle Management, 1605 Massachusetts Avenue  Garrison Keillor Tonight To approve a One-Day Liquor License for Spectacle Management to serve beer and wine in the lobby outside of Battin Hall on the main level of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of the Garrison Keillor Tonight performance on Thursday, June 22, 2023 from 6:30pm to 10:30pm. DOCUMENTS: Spectacle Management Event Location Map 2. Application: One-Day Liquor Licenses – TAPPED Beer Truck, 35 Hartwell Avenue  (3) TIAX LLC Company/Tenant Event To approve three One-Day Liquor Licenses for TAPPED Beer Truck to serve beer for the purpose of a Company/Tenant Event to be held in the rear parking lot at the headquarters of TIAX LLC, 35 Hartwell Avenue, from 3:00pm to 5:00pm on the following dates:  Thursday, June 22, 2023  Thursday, July 20, 2023  Wednesday, August 30, 2023 DOCUMENTS: TAPPED Beer Truck Event Location Map 3. Application: Battle Green Permit – Lexington Minute Men  Educational Day for 18th Century Reenactors in Coordination with the Ladies Association of Revolutionary America (LARA) To approve the request from the Lexington Minute Men, in coordination with the Ladies Association of Revolutionary America (LARA), to use the middle of the Battle Green on the Harrington Road side of the flagpole on Saturday, September 9, 2023 from 8:00am to 12:00pm for the purpose of an Educational Day for 18th Century Reenactors. DOCUMENTS: Use of the Battle Green Regulations 4. Approve Easement and Declare Available for Disposition – 18 Philip Road To declare the easement as shown on the Plot Plan for #18 Philip Road dated April 5, 2023 by Goldsmith, Prest & Ringwall, Inc. to be available for disposition as per MGL Ch. 30B, Sec. 16(a) and further to approve the easement as shown on said plan. DOCUMENTS: Easement Document, MGLCh.30B,Sec.16 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. Review and Approve Solar Canopy Design for Police Station Project Mr. Malloy explained that there are two designs that have been developed for the Solar Canopy at the Police Station/Fletcher Park. One design was originally developed by Tecton Architects, working with the Historic Districts Commission (HDC) over a period of months. The second design was undertaken as a collaborative effort between Tecton Architects and some of the neighbors abutting Fletcher Park. Both designs were presented at the June HDC meeting, and the general consensus was that the HDC generally reviews a single plan and does not choose between plans. As discussed at the June 5, 2023, Select Board meeting, the Select Board indicated it wanted to approve the final design. The Board stated that it would be more appropriate to do so now and provide direction to the Department of Public Facilities on a preferred design to take forward to the HDC. Mr. Cronin explained that there are two components to consider about the canopies. One is the size and the impact of the canopy structure, and the other deals with the outputs. There was agreement that the structure needs to be smaller, both in height and in bulk. Thus, one component of option 1 is a maximum height of approximately 17’ and a low of 14’6”. Another optic of information was the Massachusetts Avenue leg. This would allow for seating and coverage for events that occur on Fletcher Field, along with increasing production. Option 1 contains the heights previously mentioned and the Massachusetts Avenue leg. Option 2 allows for a slightly shorter structure, which reduces the amount of output. Mr. Lucente asked about tree preservation. Mr. Cronin explained that, as part of the Tecton design, there were 16 trees to be removed from the property, both large scale and small. Three large pine trees were requested to be preserved. The plan now includes a healthy tree plan along the bike path which the neighbors and Tree Committee would like to be part of. A final landscaping plan will be submitted once this item is further decided. This will be brought to the neighborhood and HDC for review. In response to a question from Mr. Sandeen, Mr. Cronin explained that there is an 8” height difference on the neighborhood side of the structure between Options 1 and 1A. These two structures have similar costs for steel. There would be a difference in cost for the paneling and wiring. Mr. Sandeen asked about the risks of the different options. Mr. Cronin explained that one risk is buildability. The project has a strict budget, and he is not yet confident, until a cost analysis is completed by the architects and engineers, that these will fit into the budget. The analysis will take approximately six weeks before it can then be sent out for cost analysis. If the analysis is higher than the budget, this will be brought before the Board for consideration. There is also a concern regarding timing for either option, as the lot will be paved in October. Option 1 is further ahead in this than Option 2. In response to a question from Ms. Barry, Mr. Cronin stated that the parking spaces have been kept the same across all options. Ms. Hai asked about the height of the Massachusetts Avenue leg for each option. Mr. Cronin explained that Option 1 and 1A are a little taller, though still under 14’6”. Ms. Hai asked if the Town’s existing equipment can fit under the heights proposed. Mr. Cronin explained that DPW has suggested using pick- up trucks or other specialized equipment to fit in these spaces. Option 1 will only go over grass for this leg, but Option 2 runs over grass and some of the parking spaces. Mr. Malloy expressed concern regarding the open space in the drive aisle in Option 1A. He noted that this could lead to runoff in the center drive aisle. This could cause a continuous icing over problem in the winter. Mr. Robert Adams, 55 Watertown Street, explained that the design of the solar panel is very critical. It is not an opaque surface, nor a tight roof. It picks up on the rebound and adds to the solar capacity. Marcia Gens, 16 Dane Road, spoke to the importance of making the array as close to net zero as possible. She noted that there is need to create solar over impervious surfaces, in order to not need to cut as much into forested areas and green spaces. She asked that the Board consider Option 1. Ted Page, 6 Fletcher Avenue, highlighted some benefits of Option 2, including that it is an organic design. A vote for Option 2 is a vote by this Board to support collaboration and community. This is not just about kilowatts, but how the Town works together. Ricki Pappo, 16 Blossomcrest Road, explained that the Town needs to optimize any opportunity it has to increase the use of renewable power to get a building off of the grid and generating its own power. She stated that Option 1 maximizes the amount of solar and will allow for the largest payback. Pam Lyons, 51 Grant Street, urged the Board to support Option 2 or 2A. She noted that additional screening proposed in Option 1 will not grow large enough for most neighbors to see the benefit. Tina McBride, 45 Turning Mill Road, stated that she supports Option 1. Every building and parking lot should be covered with solar before forests are cut down. The canopies proposed will reduce the heat gain from the paved parking lot and provide shade to those enjoying the field. Option 1 will allow the Town to get closer to net zero. Dawn McKenna, 9 Hancock Street, noted that the overall square footage of the canopy appears to be about half the overall square footage of the green area. This is quite large. She stated that a lot of effort went into designing the façade of the building, and this canopy will block those efforts. She noted that the Town reached out to neighbors seeking a collaborative solution to balance the neighbor’s wants and needs and the neighbors brought forth Option 2. If this option is not chosen, she asked what message that sends to the neighbors about the collaborative solution. David Kanter, 48 Fifer Lane, stated that the would like the Board to consider the issue regarding potential delays for this project. The possible major change to the solar canopy area, a reduction in size, is contrary to the primary objective that the Town had when it voted the funding for the project. He asked what the price will be for the alternatives. The HDC seemed okay with the original presentation, and he recommended moving forward with that option at this time. Dan Voss, 10 Hancock Avenue, explained that Sustainable Lexington did discuss the complexity and additional foundations needed for Option 2. Option 1 is fully designed and maximizes solar on the site. The overall impact of the design, with or without the Massachusetts Avenue leg, should be considered. There is a significant cost impact associated with a potential delay. Lin Jensen, 133 Reed Street, stated that this project needs to maximize the solar canopy over impervious areas. This is a rare opportunity. She supports Option 1. For the whole Town to be net zero, this project needs to be as close to this as possible. This is a prominent location that visitors will see, and the Town should be proud to show off the solar panels and the responsible energy they produce. Howard Cloth, 19 Sherman Street, thanked the Select Board and Departments for reaching out to abutting neighbors in this process. He urged the Board not to let perfect be the enemy of good. Bill Erickson, 31 Sherman Street, suggested using the Massachusetts Avenue leg to leverage the square footage and reduce the impact the solar canopy may have on the neighborhood and Town. He requested that the Board consider Option 2 and the alternatives presented. He stated that it is difficult for people to appreciate just how dense a 64’x168’mass is going to be. Cindy Arens, 7 Kitson Park Drive, explained that maximizing the solar and maximizing the battery storage on this site will allow for an even more resilient building. She noted that the potential for solar is beautiful. Mr. Malloy noted that any excess electricity generated from this solar could be assigned to this building through Eversource. Mr. Cronin explained that the architect needs to be told to focus on one of the two options to continue to develop the engineering and architectural work. This information will then be brought to the HDC to continue to work toward a certificate of appropriateness. Mr. Lucente stated that he does not understand Option 1A. It does not seem to be a reasonable idea. Option 2A also does not seem to make sense. He is torn between Options 1 and 2. He originally did not want extra solar on this site. He likes the design of Option 2, which seems to allow for more use of covered areas. Mr. Pato agreed that Options 1A and 2A are not viable. Option 1 would not have been his original choice, due to the cost, but he is advocating for it due to the passionate comments from the community. This option increases the ability to get closer to net zero and provides functional value to the Farmer’s Market and users of the field. Ms. Barry agreed on Options 1A and 2A. Originally, she was not in favor of the Massachusetts Avenue leg. She stated that Option 2 speaks to her differently than Option 1. The Board needs to be mindful of the community in this process. Mr. Sandeen explained that this is a solar and energy storage project. The storage financials are significantly more beneficial to this project, from an economics perspective, than the solar itself. He would like an option that allows for the most resilience for the new Police Station, which would require the largest amount of storage possible. He sees a risk in Option 2 of possibly being more expensive than the approved budget, or not having the amount of energy storage needed. He believes Option 1 is the most fiscally responsible option. Ms. Hai agreed that Option 1A should be off the table. For efficiency’s sake, she asked what the Board’s view will be if the HDC does not approve the Massachusetts Avenue leg. She would like to move forward with Option 1 at this time. It has been lowered in height a bit, while maximizing the utility of the field, and the production and resiliency. Without the Massachusetts Avenue leg, Option 2A gives additional production than Option 2 and has interest to it. Mr. Pato stated that there are three Board members in favor of submitted Option 1 to the HDC and two members in favor of submitting Option 2. Mr. Cronin stated that he would present this to the HDC. DOCUMENTS: Solar Canopy Alternative Designs 2. Review and Approve Lexpress Fare Restructuring Proposal Mr. Pato explained that the Board received a presentation on this agenda item on June 5, 2023 and requested additional information on a marketing and outreach plan. A marketing and outreach plan has been developed by Susan Barrett, Transportation Manager. Mr. Sandeen stated that this is a good move in the right direction, but he would still prefer it be free. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-1 to approve a $20 annual pass and $2 fare for all riders without a pass, effective July 1, 2023. DOCUMENTS: Presentation 6-5-23, TAC Recommendation, Marketing Plan, Staff Plan 3. Select Board Work Session – Planning Discussion for Goal Setting Meeting Mr. Pato asked if the Board would like to facilitate the goal setting process by hiring the same consultant as in past years, a new consultant, or handling this in-house. Ms. Barry stated that she believes this process requires a consultant due to amount of work needed. Ms. Hai stated that she would like to work with the consultant the Board has used for the recent retreats, not the one for goal setting in past years. Mr. Pato stated that he would like to discuss Board and committee engagement through this process. He would like to make sure there is a clear and finite list of manageable goals. The Board discussed the timing for this item. This would likely be scheduled in September or October. Mr. Pato and Mr. Malloy will continue to work on this item. The Board was in favor of utilizing the consulting services of Jon Wortman, Novel Communications, LLC, to facilitate the Select Board Goal Setting Session(s) targeted to be held in the fall of 2023. 4. Select Board Work Session – Discuss Potential Use of Hybrid Participation Format for Future Town Meetings Mr. Pato explained that this is a discussion on the use of a hybrid format for Town Meeting, compared to an in-person format for Town Meeting. He noted that the Town Moderator indicated that she intends to ask the Select Board to call for a hybrid meeting this fall. The Board could agree tonight to allow Mr. Malloy to develop a plan with staff on how a hybrid meeting would work. Ms. Hai stated that she believes it makes sense to move forward with a potential plan for a hybrid meeting at this time. Mr. Sandeen agreed. Mr. Lucente stated that his preference is to be in-person for the Fall Town Meeting and continue to pursue a potential hybrid Annual Town Meeting. Mr. Pato stated that he believes this could be an agreement by the Board to allow Mr. Malloy and staff to explore this option. The Board can then decide if it is a potential option for the Fall Town Meeting. Ms. Barry stated that she would like to see the framework for a potential hybrid meeting. She asked if staff has the capacity to study this at this time. Mr. Pato stated that he would work closely with staff on this item and noted that the operation of Town Meeting is fully under control of the Moderator. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining - Paid Parental Leave Ms. Barry recused herself from the Executive Session and exited the meeting. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 at 9:05p.m. that the Board go into Executive Session under Exemption 3 to Discuss Strategy with Respect to Collective Bargaining – Paid Parental Leave. Further, Mr. Pato declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 from the executive session to adjourn both the executive session and regular meeting at 9:24 p.m. A true record; Attest: Kristan Patenaude Recording Secretary