Loading...
HomeMy WebLinkAbout2023-07-10 SB-min Select Board Meeting July 10, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, July 10, 2023, remotely via Zoom remote meeting services. Mr. Pato, Chair; Ms. Barry, Vice Chair, Mr. Lucente, and Mr. Sandeen, were present, as well as Mr. Malloy, Town Manager; Ms. Katzenback, Executive Clerk; and Ms. Axtell, Deputy Town Manager. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports The Board expressed condolences to the family and friends of Keoni Hubbard, Lexington Boy Scout and Clarke Middle School student, who passed away last week. Mr. Pato stated that deliberations on the Hanscom field expansion topic will occur at the Board’s July 24, th 2023 meeting. He also noted that, on Saturday, the Town celebrated the 240 anniversary of Massachusetts Emancipation Day, also known as Quock Walker day. DOCUMENTS: Correspondence Secretary Report - July 10, 2023, Select Board Announcements and Liaison Reports - July 10, 2023 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy explained that he has supplied the Board with a new policy on photography and filming in Town buildings, which was previously reviewed by Town Counsel. Also, the Noise Bylaw revisions will thth likely come before the Board on July 24 for initial discussions. On July 24, the Board also has a discussion scheduled regarding the $275,000 earmark that the Town received for transportation improvements. DOCUMENTS: Weekly Update 6-30-23, Weekly Update 7-7-23 CONSENT AGENDA 1. Approve Residential Solid Waste Regulation Amendment Move to adopt the revised Residential Solid Waste Regulations dated July 2023, as attached. DOCUMENTS: Final Clean Revision, Final Redline Revision 2. Record Select Board Committee Liaison Assignments To record the Select Board Members committee liaison assignments as proposed to be effective July 1, 2023. DOCUMENTS: 2023 Select Board Committee Liaison Assignments 3. Approve Select Board Meeting Minutes  June 5, 2023 Select Board  June 5, 2023 Select Board/School Committee Joint Meeting  June 12, 2023 Select Board  June 21, 2023 Select Board To approve and release the following minutes: June 5, 2023 Select June 5, 2023 Select Board and School Committee Joint Meeting, June 12, 2023 Select Board, and June 21, 2023 Select Board. DOCUMENTS: DRAFT 06052023 Select Board Minutes, DRAFT 060523 Joint SB-SC Minutes, DRAFT 06122023 Select Board Minutes, DRAFT 06212023 Select Board Minutes 4. Approve Select Board Committee Appointments  Historic Districts Commission - Daniel Hisel  Vision for Lexington Committee - Select Board Member - Jill Hai To appoint Daniel Hisel to the Historic Districts Commission as a full member for a term set to expire on December 31, 2027. To appoint Jill Hai as the Select Board Member on the Vision for Lexington Committee to fill an unexpired term set to expire on September 30, 2024. DOCUMENTS: 2023 Historic Districts Commission Application - D. Hisel 5. Accept Select Board Committee Resignation  Lexington Council for the Arts - Anwell Tsai To accept the resignation of Anwell Tsai from the Lexington Council for the Arts effective immediately. DOCUMENTS: ResignationLetter-A.Tsai 6. Approve and Sign Water and Sewer Adjustments To approve and sign the attached Water & Sewer Adjustments as recommended by WSAB on June 8, 2023. DOCUMENTS: Adj for 7-10-23 SB Mtg VOTE: Upon a motion duly made and seconded, the Select Board, by roll call, voted 4-0 to approve the remainder of the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Public Hearing: Noise Bylaw Special Permit – Night Work for Phase 2A Water Main Replacement on Lowell Street and Woburn Street Mr. Pato formally opened the public hearing at 6:40pm. Amy Coppers Constantino, from Wright- Pierce; explained that this is regarding Phase 2A of the Town of Burlington’s Water Main Replacement project along Lowell Street, from Maple Street to North Street and North Street from Lowell Street to Adams Street in Lexington. A request for a special permit under the noise bylaw has been submitted, seeking approval for work related to the installation of a replacement manhole at the Woburn Street and Lowell Street intersection during the nighttime hours of 7:00pm - 5:00am, Monday through Friday, to work in hours outside of peak commuter traffic to reduce delays along a major commuter corridor at the intersection of Lowell and Woburn Streets. The work would be scheduled following the review and approval of this application and is planned to take place during the weeks of July 17, 2023 and July 24, 2023. Fire, Police, and Health reviewed the application and have no issues/concerns regarding the request as it relates to their respective departments. In response to a question from Mr. Sandeen regarding the status of the project, Ms. Coppers Constantino stated that the 24” water main is complete, and all of the houses have been connected to it. The contractor is planning to complete final trench paving for 8,500 linear feet of this project by next Monday. Paving of the remaining 1,500 linear feet from Fulton Street to East Street will be completed this fall in the September / October timeframe. There was discussion regarding the curb-to-curb restoration in this area. Ms. Coppers Constantino expects that the curb-to-curb restoration for the entire project will be completed next year. Mr. Pato closed the public hearing at 6:50pm. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0, by roll call, to approve a Noise Bylaw Special Permit for evening work to be conducted from 7:00pm to 5:00am for a total of 8 nights, Monday through Friday, to take place between July 17, 2023 - July 28, 2023, for work related to the installation of a replacement manhole at the Woburn Street and Lowell Street intersection in Lexington related to the Town of Burlington’s water main replacement project. DOCUMENTS: Application - Night Work Request_2023_Phase 2A Water Main 2. Liquor License Amendments – Lixi Hospitality Lexington FBMGT, Inc. d/b/a Aloft Lexington, 727A Marrett Road: Pledge of License, Change of Manager and Change of Officer Ms. Royce, Sherin and Login, LLP, representing Lixi Hospitality Lexington FB Mgt, stated that they were just notified on the morning of July 10, 2023 that Robert Ayers will no longer be with Aloft Lexington as of the end of July 2023. She requested a continuance on the proposed manager portion of the Liquor License amendment application. In light of the Board having been informed of a recent investigation into a potential liquor license violation at the Aloft Hotel, as well as the proposed manager on the application leaving the company, the Select Board did not act on any portion of the Lixi Hospitality Lexington FB Mgt d/b/a Aloft Lexington liquor license amendment application at this meeting. It was noted that an updated application will need to be submitted for future consideration. DOCUMENTS: Aloft Liquor License Amendment Application 3. Liquor License Amendments - Lixi Hospitality Lexington FB MGT, Inc. d/b/a Element Lexington, 727B Marrett Road: Pledge of License, Change of Manager and Change of Officer Ms. Royce explained that Lixi Hospitality Lexington FB Mgt, INC d/b/a Element Lexington has submitted all the necessary paperwork requesting approval for a Pledge of License, Change of Officer, and a Change of License Manager on their All-Alcohol Innholder Liquor License. The proposed manager, Deidre Anderson, submitted a current Alcohol Awareness Training Certificate. The required CORI check has been completed. In response to a question from Mr. Sandeen, Ms. Royce explained that Lixi Hospitality Lexington FB Mgt, INC is the holder of the license. There are various entities who operate different elements of the hotel, and who have entered into the loan agreement. Both of the licenses are held by the same entity, but there are two different properties managers. Mr. Malloy stated that, according to the Town's tax records, Lixi Hospitality is the property owner. There is not a management agreement in place. Dawn McKenna, 9 Hancock Street, asked why the Board would approve a liquor license when there is a pending violation. She recommended the Board not take action on this item until it can hear about the pending violations. Mr. Malloy noted that he has not yet reviewed the file to determine if the violation would rise to the level of a hearing. Also, the two licenses should be considered separately. VOTE: Upon a motion duly made and seconded, the Select Board, by roll call, voted 3-1 to approve Lixi Hospitality Lexington FB Mgt, INC d/b/a Element Lexington’s application for a Pledge of License, Change of Officer, and Change of License Manager naming Deidre Anderson as Manager and upon ABCC approval, issue an updated Liquor License to Lixi Hospitality Lexington FB Mgt, INC d/b/a Element Lexington, located at 727B Marrett Road reflecting Deidre Anderson as License Manager. DOCUMENTS: Element Liquor License Amendment Application 4. Review and Approve Proposed Engraving for Ground-Mounted Granite Structure for LexSeeHer Monument Jessie Steigerwald, LexSeeHer, updated the Board on the LexSeeHer monument project. She explained that she is seeking the Board’s input and approval for the inscriptions for the ground mounted center circular piece of granite and four pavers of the LexSeeHer monument project. Approval is not being sought yet to inscribe the individual names of the women represented onto other pavers. This will be discussed with the Board at a future date. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0, by roll call, to approve the inscriptions for the LexSeeHer Monument project as submitted to the Board in the memo, dated June 23, 2023, included this meeting packet. Regarding an appropriate documentation scheme for the funds for this project, Mr. Pato suggested that LexSeeHer collaborate with staff. The Board agreed, with the understanding that Mr. Malloy will have the final signoff on this item. th Ms. Steigerwald noted that there will be a ceremonial groundbreaking on Saturday, August 26 at 3pm. DOCUMENTS: LexSeeHer Request for approval of proposed engraving for ground- mounted granite 5. Approve Request for Designer Selection Policy Mr. Malloy reviewed the proposed changes to the Designer Selection Policy. In response to a question from Mr. Sandeen, Mr. Malloy stated that this policy will cover all municipal construction projects for which the Town hires a designer and any non-MSBA funded school construction projects. Mr. Malloy will confirm that the School Superintendent and School Committee are in agreement with this proposal before it is brought back to the Select Board. The Board agreed to review this as part of the Consent Agenda for the next meeting. DOCUMENTS: Designer Selection Policy, 7-10-23 Revision to Designer Selection Policy 6. Update From Chief Equity Officer Hemali Shah, Chief Equity Officer, updated the Board. She explained that the Town will be conducting an internal equity audit. The goal is to better understand the organization's gaps and barriers in the policies and processes, and to understand the culture of organization and how staff feel working here. Staff has also been working on a resolution framework for senior leadership. Mr. Sandeen thanked Ms. Shah for reaching out to the Select Board members to understand their Diversity Equity and Inclusion goals for the Town. In response to a question from Mr. Sandeen, Mr. Malloy agreed that Ms. Shah would come back to reflect on what she had heard from the Select Board and how that will influence plans for the future. Bob Pressman, 22 Locust Avenue, asked if there is a current requirement for all hires that they are informed of the makeup of the applicant pool by relevant characteristics. Mr. Malloy stated that there is not a requirement of this type. Deborah Strod, 10 Thoreau Road, and a member of the team that brought the Systemic Racism warrant article to Town Meeting, thanked Ms. Shah for her work and transparency in this report. DOCUMENTS: Employee demographics 7. Update on Solar Canopy for Police Station Project Mr. Malloy stated that, on June 14, 2023, the Historic Districts Commission (HDC) voted to support the continued design of the solar canopy option 1, with the Massachusetts Avenue leg. This echoes the same support given by the Select Board on June 12, 2023. The support was provided with a caveat to continue evaluating if there are options to break down the mass of the large solar field that spans over the parking through a design charrette with member(s) of the HDC. This decision allows the design team to continue the foundation layout that can support the canopy as the architectural design continues to be refined. The design team is meeting with the structural engineers to pursue the foundation design so that pricing can be obtained and to work on the foundations which could initiate over the summer. An additional community design charrette is anticipated to discuss landscaping design, specifically between the solar structure and the bike path. Mr. Malloy will inform the Board when the landscaping charette is scheduled. Tecton is continuing the overall design effort in anticipation of an agenda spot on the August 3, 2023 HDC hearing to obtain a certificate of appropriateness. 8. Review and Approve Fiscal Year 2023 Year – End Transfers Carolyn Kosnoff, Assistant Town Manager for Finance, explained that this year's request includes two interdepartmental end of year transfers, one salary reserve request, and one increase to a Revolving Fund limit. Regarding the Town’s property and liability insurance, this was previously adjusted at annual Town Meeting by $25,000, due to the FY23 premium being higher than anticipated. This was budgeted at 6%, but the total ended up being 10%. Additionally, the Town had to take out a builder's risk insurance policy to cover the Police Station and the Westview Cemetery buildings. The $12,800 is proposed to be moved from the Town Manager's Professional Services account to cover this. The other end of year transfer proposed is a transfer of $13,000 from the Select Board Contractual Services account into the PEG LexMedia account. Ms. Kosnoff explained that the Health Revolving Fund had an authorization limit set by Town Meeting for FY23 of $45,000. This is proposed to be increased by $10,000, up to $55,000. This is due to an expanded adult vaccine program that the Health Director has implemented. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0, by roll call, to approve the Select Board and the Town Manager interdepartmental end of year transfers and the Health Department Revolving Fund Limit Increase as presented in the attached forms to the packet. Ms. Barry recused herself from the Police Salary Reserve Transfer Request. Regarding the proposed Police salary reserve transfer request, Ms. Kosnoff explained that the total amount staff is requesting to take out of the Town Manager's Salary Adjustment account in order to cover the settled contract for FY23 is $187,000. VOTE: Upon a motion duly made and seconded, the Select Board voted 3-0, by roll call, to approve the Police Salary Reserve Transfer as presented in the attached forms to the packet. DOCUMENTS: FY2023 End of Year Budget Adjustments 9. Discussion on Planning Charrette for Lexington Center The Board discussed whether it would like to have staff schedule a charrette for the Center related to economic development. The cost, as proposed, is $25,000 and the previous discussion was to request that the Select Board approve funding through ARPA. Mr. Sandeen agreed with this idea and proposed at least two charrettes. Mr. Lucente agreed that there would be at least two public meetings for this topic. Mr. Malloy noted that this will likely be scheduled for the fall. Ms. Barry suggested a robust outreach effort leading up to the charrette. There was consensus on the Board to move this item forward. DOCUMENTS: Carol Kowalski Letter 10. Review and Approve American Rescue Plan Act (ARPA) Requests Mr. Malloy reviewed his recommendations from the ARPA request list for the Board’s consideration. The Board agreed to hold off on any discussion regarding participatory budgeting set asides until all five Board Members could be present. Additionally, the Board concurred they were not in favor of using ARPA funds for the purchase of an elections trailer and storage, or for the development of a municipal building decarbonization roadmap plan. Ms. Barry asked to add the hands-free bathroom fixtures for the Library and for the Community Center to the list for the Board’s consideration for this round of ARPA fund approvals. She also expressed concern that the Town has a Sustainability Officer and a Chief Equity Officer without budget line items. Ms. McKenna stated that she has had individual conversations with each of the five Board members regarding support and understanding of the economic value of tourism. None of the items discussed tonight reflect the one thing which the Town Manager has never put forward, which is supporting the Visitor Center and Liberty Ride operations that were severely impacted by COVID and are still trying to recover. She asked the Board to place some funding from the participatory budgeting item into the Tourism Revolving Fund, which will pay for a year of the new Liberty Ride trolley contract and help with marketing and advertising. Mr. Pato stated that he is not comfortable allocating money to tourism at this time without a proposal from staff. He would like for the Board to evaluate a concrete proposal in the future. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0, by roll call, to approve the following requests to be funded with ARPA funds: $25,000  Center Charette $150,000  Food Insecurity $1,168  Front Hall Meeting Display $6,800  Water Fountain Installation at Lincoln Park $36,862  Additional fund needed for purchase of Ambulance $260,000 ($80,000 for 3.25 years)  Mental Health Clinician $2,895  Electronic Letter Opener (Clerk’s Office) $561,100  Lexington Hybrid Meeting Technology Upgrade TBD  Hands Free Bathroom Fixtures – Library  Hands Free Bathroom Fixtures – Community TBD Center DOCUMENTS: ARPA Spreadsheet and Requests, ARPA Hands Free, Town Clerk language update ARPA 11. Discuss Select Board Report for Fiscal Year 2023 Annual Town Report The Board reviewed the FY23 Annual Town Report. Mr. Pato stated that he would take the feedback and create an outline for the report and assign scribes. DOCUMENTS: Copy of FY2022 Annual Town Report - Select Board Report, Copy of 2023 Annual Town Meeting - Select Board Report 12. Approve Temporary On-Street Parking - 75 Fottler Avenue Mr. Malloy explained that the property owner at 75 Fottler Avenue has received a special permit from the ZBA to expand the home. As part of the special permit, the ZBA required that the applicant receive a permanent approval from the Select Board to continue parking on the street. The house currently has no driveway and the residents park on the street. Both the Chief of Police and DPW Director have indicated a concern with this type of a permanent approval to park on-street. Mr. Malloy stated that he met with the property owner to review options and the property owner is pursuing the option that would provide a small driveway to park off-street. This driveway would be constructed as part of the overall construction project and the property owner has requested to continue parking on the street until it can be completed. The Town Manager is recommending that on-street parking be allowed through June 2024 and that the small driveway be completed prior to the issuance of the certificate of occupancy on the addition to home. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0, by roll call, to allow the property owner at 75 Fottler Avenue to continue parking on street, in the same area currently used for parking, through June 30, 2024 and that the off-street option (attached) is completed prior to the issuance of a certificate of occupancy on the addition to the house. DOCUMENTS: 75 Fottler Avenue Off-Street Parking Option 13. Approve Townwide Policy for Paid Parental Leave Ms. Barry recused herself from this item and exited the meeting. The Board reviewed the Paid Parental Leave Policy that the Board previously reviewed and approved in executive session. Mr. Malloy explained that, during negotiations with some of the Town's unions, this became an issue with some of the unions. The Board made it clear that any policy should be applicable to all employees of the Town, not specific unions. The Human Resources Director established a working group that consisted of representatives from all unions to develop this policy that would provide this as a benefit to all employees (union and non-union). VOTE: Upon a motion duly made and seconded, the Select Board voted 3-0, by roll call, to approve the Paid Parental Leave Policy (Administrative Directive #34) as attached. DOCUMENTS: Paid Parental Leave Policy, Redlined updates per last SB meeting ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 3-0 to adjourn the meeting at 8:58pm. A true record; Attest: Kristan Patenaude Recording Secretary