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HomeMy WebLinkAbout2023-07-24 SB-min Select Board Meeting July 24, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, July 24, 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, Mr. Sandeen, and Ms. Hai were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 6: Potential Land Acquisition VOTE: Upon a motion duly made and seconded the Select Board voted 5-0 at 6:32 p.m. that the Board go into Executive Session under Exemption 6 to Discuss Potential Land Acquisition. 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 6:54 pm PUBLIC COMMENTS Steven Connors, 23 Bedford Street, stated that he felt the consent agenda item to amend the Semiquincentennial Commission Charge was not reviewed by all the members of the Commission prior to it being on the Select Board agenda. Michelle Orfanos, Arlington Resident, stated she was upset about Ms. Hai’s reference, at a previous meeting, to the “personal tones” of the comments being made regarding the appointment to the Minuteman High School Committee. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Barry noted that Sal Frelick, native Lexingtonian, was called up to the Milwaukee Brewers baseball team. She expressed kudos to him and his family. She also asked that the Board consider adding an additional member of the Select Board to the Semiquincentennial Commission. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy noted that the Police Department will be receiving a compassion dog and vehicle with an earmark from the State. He also noted that the District Veteran’s Director position has been filled by Karen Tyler. DOCUMENTS: Weekly Update 7-14-23, Weekly Update 7-21-23 CONSENT AGENDA It was noted that the vote will be split into two parts, for Items 1-4, and a separate vote for Item 5. 1. Application: One-Day Liquor License – Eastern Massachusetts Association of Community Theaters (EMACT), 1605 Massachusetts Avenue  EMACT's Annual DASH Gala and Awards Presentation To approve a One-Day Liquor License for Eastern Massachusetts Association of Community Theaters (EMACT) to serve beer and wine in the lobby and hallway area outside of Battin Hall on the main level and in the lobby outside of Estabrook Hall on the lower level of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of their Annual DASH Gala and Awards Presentation on Saturday, August 19, 2023 from 6:30pm to 11:00pm. DOCUMENTS: EMACT Event Location Description 2. Approve Request for Designer Selection Policy To approve the Designer Selection Policy as attached. DOCUMENTS: Designer Selection Policy Final Redline, Designer Selection Policy Final Clean 3. Approve Amendments to Semiquincentennial Commission (Lex250) Charge To amend the Semiquincentennial Commission (Lex250) charge by making the following changes as proposed:  Increase number of members from 11 to 15  Add "Quorum: Quorum shall be a majority of members serving"  Update Criteria for Membership to increase the number of Community Members from 2 to 6  Update the background options for the Community Members to include: "...transportation, security, fundraising and/or publicity" DOCUMENTS: Amended Semiquincentennial Commission (Lex250) Charge – Redlined, Amended Semiquincentennial Commission (Lex250) Charge 4. Approve Select Board Meeting Minutes  July 10, 2023 Select Board To approve and release the July 10, 2023 Select Board minutes. DOCUMENTS: DRAFT 07102023 Select Board Minutes VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve Items 1-4 of the Consent Agenda. 5. Appointment of Election Officers for 2023-2024  See Enclosed List Election Officer Candidates for Appointment/Reappointment - 2023-2024 Mr. Pato and Ms. Barry recused themselves from this item. To approve the list of election officers for the period of September 1, 2023 through August 31, 2024 as recommended by the Town Clerk and Board of Registrars as presented in the memo dated June 13, 2023. DOCUMENTS: Board of Registrars Recommendation letter VOTE: Upon a motion duly made and seconded, the Select Board voted 3-0 to approve the remainder of the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discuss Resident Cemetery Fees Mr. Malloy explained that, in April there was an issue of a former long-term resident (50 years) that had moved out of Town into an assisted living facility and then was buried in Lexington. The family was charged the non-resident fee of $400 and brought this to management's attention to ask that the non- resident fee be waived. In discussions at that time, staff determined it would be best to have a policy in place to address this type of issue in the future. The recommended policy is as follows: Waiver of Non-Resident Cemetery Fee Policy – The Town will waive non-resident cemetery fees for former residents that (1) lived in Lexington for twenty-five (25) years or longer; and (2) moved out of Lexington within one year before their death. The Town Manager is authorized to approve any non- resident cemetery fee waivers. There was discussion regarding the intent of the policy. It was noted that staff would work to consider rewording the policy to bring before the Board at a future meeting. 2. Review and Approve Jack Maloney Billiard Room Sign at Lexington Community Center Melissa Battite, Director of Recreation & Community Programs, explained that staff was asked to revisit the size of the sign that was originally proposed. The sign has been revised to be a bit smaller, as requested. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the "Jack Maloney Billiard Room" sign as attached. DOCUMENTS: Revised Request, Maloney Sign to Scale, Maloney sign design 3. Acceptance of Bench Donations – Lincoln Park Melissa Battite, Director of Recreation & Community Programs, explained that the Recreation Committee voted 5-0 to approve the donation of benches with the following motion: “The Recreation Committee moves to approve benches being placed at Lincoln Park in memory of Tiffany Fontanez, Mark Freitas, and Peter Vincent Ciampa as recommended by the Lincoln Park Sub-Committee.” The requests for Ms. Fontanez and Mr. Freitas are granite replacements for wood benches that have reached a state of disrepair and the location of the bench in memory of Mr. Ciampa is in process. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the acceptance of the (3) bench donations at the Lincoln Park. DOCUMENTS: Lincoln Park Memo 4. Approve Conservation Commission Acceptance of Land Donation & Authorize the Town Manager to Take All Actions to Complete - 35 Hayes Lane, Parcels 1 & 2 Karen Mullins, Conservation Director, explained that, as part of the redevelopment plan for 35 Hayes Lane, the property owners (Peter and Valerie Johnson) have agreed to donate the two parcels identified on the plans as parcels 1 & 2. These parcels contain environmentally sensitive riverfront, wetlands, and floodplain open space areas, and provide a connection from Hayes Lane to the Lower Vine Brook Conservation Area. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to: (a) To approve that certain Real Property Donation Agreement by and between Peter D. Johnson and Valerie J. Johnson and the Town of Lexington, acting by and through its Conservation Commission, substantially in the form presented to the Board at its July 24, 2023 meeting; (b) To approve the acceptance of the Property by the Town of Lexington Conservation Commission; and (c) To authorize James J. Malloy, the Town Manager of the Town of Lexington, to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, to complete the donation of the Property in accordance with the Real Property Donation Agreement. DOCUMENTS: Hays Parcel 1 & 2 Request, SPRD Decision, Site Construction Plan, Vote for Recording, Plan for Recording, Donation Agreement 5. Massachusetts Water Resources Authority (MWRA) Update on Current Project and Upcoming Construction Contract & Request for Letter of Support Regarding Massachusetts Bay Transportation Authority (MBTA) License/Easement Application for Installation of Water Pipeline on Minuteman Bikeway Paul Rullo, MWRA, explained that the MWRA is planning to construct a new 24-inch water main in Lexington, portions of which are in Maple Street, the Minuteman Bikeway, Bow Street and Massachusetts Avenue, during the 2024 and 2025 construction seasons with the final road resurfacing to take place in 2026. Some of these projects will include temporary impacts to traffic. All paved surfaces will be restored to existing conditions with new pavement and line striping and a bicycle/pedestrian detour will be established along Massachusetts Avenue during the project. The MWRA is seeking a letter of support from the Select Board. Mr. Pato asked the proposal for bike lanes along Massachusetts Avenue, as previous attempts did not go well. Mr. Malloy explained that the bike lane was previously separated from the travel lane by a parking lane, which caused dissatisfaction from some businesses. This project should probably place the bike lane exterior of the parking lane. Ms. Hai suggested that the MWRA work with the East Lexington business community on this item. She stated that she would also like the Bicycle Advisory Committee's opinion on this. Ms. Barry suggested extensive outreach to abutters for these projects. Mr. Sandeen noted that he would like to make sure that the detoured bike lane provides physical separation from Massachusetts Avenue traffic for those using the Bikeway to provide adequate safety as was successfully implemented by Town staff the last time the Bikeway was repaved. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to send a letter of support, amended to change the tense of coordination with the Bicycle Advisory Committee, for Contract #7404 - Northern Extra High Pipeline Construction Package 2 (CP2): Maple Street/Minuteman Bikeway Water Main Construction. DOCUMENTS: Presentation - MWRA Town of Lexington Northern Extra High Pressure Zone Improvements, Cover Letter, Map, Letter of Support 6. Discuss $275,000 State Earmark for Transportation Improvements Ross Morrow, Assistant Town Engineer, presented to the Board a prioritized list of potential uses for the $275,000 earmark for transportation improvements. The Transportation Department's requests are for programs that could ultimately become an ongoing service using one-time funds and, therefore, the Town Manager is not recommending these programs. Based upon the proposals and priorities from staff that will be implementing the projects, the recommendation is to use the funds toward the Pleasant Street/Watertown Street Safety Improvement Project with the Public Works Department providing the remaining funding for the project. Mr. Pato noted that alternate forms of transportation are important and should be pursued as economic development opportunities. These may not be other sources of funding for these items. He asked the Town Manager to explore economic development options for alternate transportation forms. There was general support for exploring additional economic development opportunities, support for obtaining this money from the State and willingness to apply it to the number one item in full, with the expectation that the Board will see other projects explored and brought back for use with other funds. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the $275,000 State Earmark for transportation improvements to be used for the Pleasant Street/Watertown Street Safety Improvement Project. DOCUMENTS: List of Potential Projects 7. Discuss Hanscom Field Expansion Project Jeanne Krieger, prior member of Hanscom Area Towns Committee (HATS) and Hanscom Field Advisory Committee (HFAC), explained that Massport and developers of the North Airfield Development at Hanscom Field are proposing an expansion including 27 new hangars for private jets. This project is dedicated to expansion of private jet aviation at the terminal. It involves nearly a half a million square feet of new hangar space, in addition to the 60,000 s.f. already underway. It has the potential of doubling, if not quadrupling, the number of hangars for private jets at the terminal. It involves 37 acres of new pavement, clear cut of 20 acres of mature trees, and, likely, an increase in private jet flights leading to additional noise. The significant issue is the greenhouse gas emitted by private jet flights. A local education effort in Lexington is underway to stop private jet expansion at Hanscom and anywhere else. A petition has generated over 6,000 signatures across the State and country. She asked the Board to reach out to the legislative delegation, both State and federal, to voice the concerns and use whatever influence possible to stop the expansion of private jet aviation at Hanscom or anywhere else. Mr. Lucente explained that HATS felt that it would be more powerful to send one letter from all of the Select Boards signed together. Lexington, Bedford, Concord, and Lincoln are very concerned about this proposal, and all of the communities want an open dialogue and answers to some questions. Margaret Coppe, HATS and HFAC member, expressed concern that this proposal would increase fees for flights between 11pm and 7am, strictly enforcing the regulations and imposing significant fines for non- compliance. The 1968 Master Plan states that fees are to be minimal. This would make the whole Master Plan open for revision. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the HATS draft letter on Hanscom Field expansion with the adjustments made this evening, for future signing if the other communities agree to these changes. DOCUMENTS: DRAFT HATS Letter re Hanscom Expansion - for review and discussion 8. Discuss Process for the Minuteman School Committee Lexington Representative Appointment Mr. Pato explained that, at the Board's June 21, 2023 meeting, the Board chose to defer action on appointing a new representative to the school committee until all members were present for deliberations. As per the school district policy manual, School Committee members are appointed by a community’s Select Board (unless otherwise specified in community bylaws) and all members will serve until their respective successors are appointed and qualified. The Board received six applications for the position by the June 14, 2023 deadline. Following standard procedure, each Board member reviewed the applications and submitted a rank-ordered preference list to staff. Staff collated the results and determined that one individual was the clear preference of the Board and submitted that name as the candidate for th appointment on the June 20 consent agenda. That individual received the highest total preference score used for determining appointments. At the July 18, 2023 meeting of the Minuteman School Committee, Lexington’s incumbent representative was elected School Committee Secretary, even though it was noted that an appointment for Lexington’s seat was on hold. This appropriately follows the Minuteman School Committee policy. Therefore, even if the Board chooses not to reappoint the incumbent, their election as Secretary should bear no influence on the Board’s choice. The Board discussed its position on changing the process for this particular appointment. Some members expressed that they would be okay with interviewing candidates in public session. Mr. Pato noted that he believes the Board should have a discussion on this topic at the table, but not necessarily carry out the process at the table. He would like for the Board to only interview the final candidates. He explained that this is not an election. Mr. Pato asked for public comment at this time. Courtney Hadley Zwirn, 65 Oak Hill Drive Arlington, stated she would like the interview process to be public. Shelly Scruggs, 7 Conestoga Road, stated that she feels the Select Board members should personally interview each candidate. She also expressed concern that the appointment process does not have an avenue to collect any public concern. Janet Penachio, 22 Shade Street, stated she feels all candidates should be interviewed by the Select Board and fully vetted. Michelle Orfanos, Arlington, stated that parents still have concerns of the possibility of Ms. Crocker being appoint as the Lexington representative to the Minuteman School Committee. Yury Mashkovich, 30 Oxbow Road, expressed concern about the Select Board making an appointment to the Minuteman School Committee. He stated that he feels the Board should interview each candidate. Ms. Hai volunteered to draft a series of interview questions. The Board will review these questions as well as discuss an updated recruitment/interview process its next meeting. The Board took a five-minute recess. 9. Discuss Revisions to the Noise Bylaw Mr. Malloy presented a redline and clean version of the Noise Bylaw proposed changes from the Working Group seeking to provide a clearer bylaw that would provide better enforcement, address the concerns heard from residents related to the Pleasant Street project, and limit any additional proposed changes to the landscaping noise sections. The intent is to receive input from the Select Board and incorporate any additional changes/modifications and then initiate a community engagement process. Some of the comments received to date are specific to the 85dba limit, which is based on standards from the Federal Government. There was discussion regarding the holidays listed in the bylaw. There are also discussion regarding enforcement of the bylaw. The Board discussed reviewing nearby communities for their restrictions. Mr. Sandeen stated that any revision to the Noise bylaw should focus primarily on improving the protections for Lexington residents. Improving the bylaw’s enforceability, while important and necessary, should not be the first priority of setting the appropriate standards that will improve quality of life and health protections for Lexington residents. He raised concerns about the proposal of establishing a noise limit at 85 dBA, as he believes that there are fundamental differences between a standard designed to prevent hearing loss in the workplace and a standard designed to protect local residents from disruptive noise that can affect their health, their ability to sleep, and to work from home. He also expressed concerns that the proposed bylaw may eliminate current standards limiting night time noise and that an 85 dBA noise limit is far too high for night time. In response to a question from Mr. Sandeen, the Town Manager stated that at no time during the recent series of noise complaints regarding the 69 Pleasant Street project did Town staff measure noise in excess of 77 dBA. Barbara Katzenberg, 37 Moon Hill Road, stated that it is important that Lexington is seen by residents as having a balanced policy around rock excavation. Property owners should have the right to improve the value of their properties, but neighbors should not be burdened to the point of experiencing extreme disruption and health issues. Richard Petrasso, Lexington residents, stated that a typical noise level in Town tends to be around 40-45 dBA. Noise can be debilitating, and impulsive noise tends to be more distressful. He noted that 85 dBA is similar to the noise from a loud freeway. Mr. Petrasso urged the Select Board to involve acoustic professionals or health physics experts to advise the Town about any proposed changes to the Town Noise Bylaws. The Board asked that the draft bylaw be revised with the comments made this evening and brought back for further discussion. DOCUMENTS: Proposed Changes to Noise Bylaw – Redline, Proposed Changes to Noise Bylaw – Clean, Katzenberg Noise Bylaw letter to Select Board, Wilczek noise_bylaw letter to Select Board 10. Review and Approve Response to Liquor License Violation - Aloft Lexington, 727A Marret Road Ms. Barry recused herself from this item. Mr. Pato explained that the Police Department has confirmed that the liquor violation on July 2, 2023 was the Aloft's first violation. Under the Select Board's policy, a letter should be sent to the licensee and be maintained in their file. It was noted that the Aloft bartender that was working that evening was terminated, and the General Manager at that time no longer works for the company. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve a written letter be sent to the Aloft Hotel and placed on their file as a record of this violation. DOCUMENTS: Select Board Policy on Alcohol Violations, DRAFT Aloft 1st Offense Letter, Lixi Statement to Select Board re Aloft 7-2-2023 LL Violation ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 10:08pm. A true record; Attest: Kristan Patenaude Recording Secretary