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HomeMy WebLinkAbout2023-08-21 SB-min Select Board Meeting August 21, 2023 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, August 21, 2023 in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well. Mr. Pato, Chair; Mr. Lucente, Mr. Sandeen, and Ms. Hai were present, as well as Ms. Katzenback, Executive Clerk; and Ms. Axtell, Deputy Town Manager. Ms. Barry joined the meeting at 6:30p.m. EXECUTIVE SESSION 1. Exemption 3: Collective Bargaining Update – Cary Memorial Library Staff Association (Local 4928, MLSA, AFT-Mass, AFL-CIO) Upon a motion duly made and seconded the Select Board voted 4-0 at 6:04 p.m. that the Board go into Executive Session under Exemption 3 to Discuss Collective Bargaining Update - Cary Memorial Library Staff Association (Local 4928, MLSA, AFT-Mass, AFL-CIO). 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 6:30 pm Ms. Barry joined the meeting at this time. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Hai explained that she and Mr. Sandeen attended a meeting with Ms. Kowalski and the architects who were selected under the RFP to fulfill a State earmark the Town received to evaluate the possibility of affordable housing in or near the Center on Town-owned land. The architects are working on a feasibility study and considering three locations for the project: the Depot lot, the lot behind Mass Ave., and the 173 Bedford Street property, which would not be available until sometime in the 2030s. The next stage is to have conversations with stakeholders about the feasibility of each location. She reviewed the suggested stakeholders and asked Board members to submit any additional suggestions to Ms. Kowalski Ms. Hai also stated that the Council for the Arts’ Sense of Place installation is located behind the Visitor Center along the bike path. The Sustainable Lexington Committee received an initial review of the draft Climate Action Resilience Plan. The comment period for the plan is currently open, and it will then come to the Board for discussion. Finally, the Transportation Advisory Committee noted that both sales of passes and ridership were up significantly in July over June. Ms. Barry stated that the Lexington 250th Commission, put in place to start planning the 250th anniversary of the Battle of Lexington that will take place in 2025, is working with the Metropolitan Area Planning Council (MAPC) to commission a memorial to hopefully be unveiled as part of the 250th celebrations in 2025. There is a Zoom session scheduled for August 29th, from 5:30pm-7pm to discuss this topic. Mr. Lucente explained that the Center Committee continues to have discussions regarding the MBTA bus stop that is currently sitting in front of Conte’s Bikes. There is a proposal to move it in front of 1666 Mass Ave. Regarding the Hanscom area town select boards, each Select Board went through the draft letter that was proposed to be sent to the Governor regarding the expansion in Hanscom and commented on it. The revised letter should be before this Board for review at a future meeting. Mr. Sandeen noted that the Commission on Disability took a position unanimously in favor of moving the MBTA bus stop to the other proposed location. Ms. Axtell explained that the Town made an offer and had an acceptance of a new Budget Officer. Rosalyn Impink will start in the role on September 5, 2023. TOWN MANAGER REPORT 1. Town Manager Weekly Update No additional update at this time. DOCUMENTS: Weekly Update CONSENT AGENDA 1. Application: One-Day Liquor License – Lexington Community Farm, 52 Lowell Street  Flower Arranging Workshop To approve a One-Day Liquor License for the Lexington Community Farm for the purpose of serving wine in the Education Tent at the Lexington Community Farm, 52 Lowell Street to participants of the Flower Arranging Workshop on Thursday, September 7, 2023 from 5:30pm to 7:30pm. DOCUMENTS: 2023 Flower Arranging Workshop Education Tent Map & Procedures for Serving Alcohol 2. Application: One-Day Liquor License – The Anthem Group, 1875 Massachusetts Avenue  Lexington Paint Night To approve a One-Day Liquor License for the Anthem Group for the purpose of serving beer and wine in a beer garden within a cordoned off area on the Visitors Center Lawn, 1875 Massachusetts Avenue during the Lexington Paint Night event on Thursday, August 24, 2023 from 5:30pm to 8:30pm. DOCUMENTS: 2023 Lexington Paint Night Beer Garden Location Map, 2023 Lexington Paint Night Beer Garden Procedures for Serving Alcohol 3. Application: Entertainment License – The Anthem Group, 1875 Massachusetts Avenue  Lexington Paint Night To approve an Entertainment License for the Anthem Group for the purpose of providing a live musical performance for patrons of the Lexington Paint Night event to take place on Thursday, August 24, 2023 from 5:30pm to 8:30pm on the Visitors Center Lawn, 1875 Massachusetts Avenue. DOCUMENTS: 2023 Lexington Paint Night Band Location Map 4. Approve and Sign Proclamation – Suicide Prevention Month To approve and sign a proclamation annually recognizing the month of September as Suicide Prevention Month in the Town of Lexington. DOCUMENTS: 2023 Suicide Prevention Month Proclamation 5. Approve Select Board Meeting Minutes: July 24, 2023 Select Board and August 7, 2023 Select Board To approve and release July 24, 2023 Select Board and August 7, 2023 Select Board meeting Minutes. DOCUMENTS: DRAFT 07242023 Select Board minutes, DRAFT 08072023 Select Board minutes 6. Approve and Sign Water and Sewer Adjustments To approve and sign the attached Water & Sewer Adjustments as recommended by WSAB on July 13, 2023. DOCUMENTS: Adj for 8-21-23 SB 7. Approve Pine Meadows Golf Club Contract Renewal – New England Golf Corporation To approve a five-year award to New England Golf Corporation for the Town of Lexington Pine Meadows Golf Club management as per their bid and to authorize the Town Manager to execute the contract. DOCUMENTS: Award Memo, New England Golf Non-Price Proposal, New England Golf Price Proposal 8. Approve Transportation Safety Group (TSG) Requests  Add a Stop Sign on Harrington Road at Massachusetts Avenue  Remove/Replace Stop Signs at Harrington Road and Hancock Street at Bedford Street with Yield Signs IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL LAWS, THE TRAFFIC RULES, AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON, ARE HEREBY AMENDED AS FOLLOWS: BY AMENDING CHAPTER 192-10 SCHEDULE 7 STOP SIGNS AND YIELD SIGNS THE FOLLOWING: (Deletions are crossed out and additions are bold and underlined) Location at Restriction Harrington Road Eastbound at Bedford Street Stop Yield Harrington Road Westbound at Bedford Street Stop Yield Hancock Street Eastbound at Bedford Street Stop Yield BY ADDING TO CHAPTER 192-10 SCHEDULE 7 STOP SIGNS AND YIELD SIGNS THE FOLLOWING: Location at Restriction Westbound at Massachusetts Harrington Road Stop Avenue DOCUMENTS: Memo, Formal Vote 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. Update on Police Station Canopy Project Jeff McElravy, AIA, Tecton Architects, Inc., explained that two items came out of a meeting with the HDC in June. One is that the Commission encouraged a first draft of the landscaping behind the canopies to be completed prior to meeting with the neighbor groups, which is set to occur tomorrow. Also, one member of the Commission asked about the possibility of breaking up the large mass tabletop area of the project to help the scale. A proposal was thus presented to a small group in July and deemed worthy to move forward to the HDC. This was presented on August 10th to the HDC. Mr. McElravy explained that the planting plan includes some existing and some new ones in order to create a woodlands feel with tiers of plantings. He explained that the proposal is to use the topography of the site to break up the massing of the canopy. The proposal also includes a potential change to the color of the structure, in order to make it better blend with the foliage. The HDC noted that the change in the mass of the tabletop structure was good at breaking up the overall mass. There was also a majority of the Commission that felt that the proposed change to the color of the structure was a good idea. There was also a discussion regarding changing the foundation option from cylindrical columns to spread footings, which seems to be the direction to move in at this time. In response to a question from Mr. Sandeen, Mr. Cronin said that Town staff was studying the impacts of the proposed design change to project cost and solar energy production and would provide that information when available. DOCUMENTS: Updated Canopy Presentation -8-21 2. Update on Cary Memorial Library Project - The Children's Room Renovation Mr. Cronin explained that this project will convert all of the lower-level HVAC to electric. The renovations to the Children’s Room are intended to make the space more open, accessible, and fun for children. The Board heard a presentation on the renovation project. The project budget is approximately $6M at this time. Ms. Barry noted the cost to pack and move items from the room during renovations should be included in the budget costs. In response to a question from Ms. Hai, Mr. Cronin explained that all of the proposed renovations will be as protected as possible when future work in done on the upper floors of the Library. Mr. Lucente asked about the stacks of books proposed in terms of height and security goals. Koren Stembridge, Library Director, explained that one of the primary goals was to get the shelving for picture books, easy readers, and younger kids books down above the existing tall height. This plan will help with that and there may be some ways to create space between the stacks. Mr. Sandeen asked about the programming that used to occur in the Learning Center. Ms. Stembridge explained that the Learning Center space will be integrated into the new Children's Room, and effectively losing that room as a distinct meeting room space. Staff is currently examining the possibility of turning one of the historical rooms into a small meeting space. Also, when renovations are completed on the second floor, there will be another opportunity to create extra meeting spaces. In response to a question from Mr. Sandeen, Ms. Stembridge explained that the Library Foundation has launched a fundraising campaign and is committed to raising $750,000 for the project. The Library Board of Trustees voted to approve the expenditure of up to $750,000 from the endowment for this project. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve this projects checkpoint to allow steps to move forward. DOCUMENTS: Cary End of Schematic Design 3. Discussion on Creating a Working Group to Review the Tree Bylaw and Enforcement Dave Pinsonneault, Director of Public Works, explained that, on July 2, 2023, a request was received from Patricia Moyer, Co-Chair of the Tree Committee, that the Town Manager establish a Working Group to review the enforcement of the Tree Bylaw. As the Select Board appoints the Tree Committee, it is appropriate that the Select Board review this request and approve prior to the Town Manager creating a Working Group. Additionally, Gerry Paul, an individual member of the Tree Committee, filed a complaint regarding the enforcement of the Tree Bylaw and staff have developed a memorandum response. Ms. Hai agreed that the proposal to put together a Working Group is reasonable, but she would also like the group to consider the realistic expectations for staffing of enforcement. Mr. Sandeen stated that he believed it may be prudent to have a third-party, independent person running the Working Group, and a Select Board representative on it. Ms. Barry stated that she would like a deadline to be communicated from the group to the community once decided on. Mr. Pato opened the conversation to a brief public comment period. Nancy Sofen, member of the Tree Committee, stated that the Tree Committee, DPW, and IT, by adopting new practices and through amendments to the Tree Bylaw, have addressed some of the issues first brought to the DPW’s attention in June 2021. There are still some problems with implementation of the bylaw, and the request is to work on these problems through this Working Group. A third-party perspective in the group would be useful and this person could sit as chair. Regarding the Town Manager’s memo, she explained that some discretion can be helpful to advance the goals of the Tree Bylaw and the Town's resiliency efforts. The place to establish the balance between trees and development should be in the bylaw itself, which is broadly reviewed and refined as it is being written and is vigorously debated at Town Meeting. Also, to correct a factual error, tree DBH measurements are exact by definition. One measures the circumference of the trunk 4.5’ above ground level and divides by pi. Joelle Gunther, 35 Woodcliffe Road, asked what can be done to keep builders from rushing to cut down trees while the Working Group does its work. Gerry Paul, 43 Highland Avenue, explained that the magnitude of this issue is made clear by the fact that, since 2020, the Town has lost over $600,000 due to irregularities with Tree Bylaw enforcement. This loss could have been avoided with or without additional resources. Hopefully this Working Group and maybe a separate independent investigation will identify the root cause of this issue and help restore the trust in Town government which has been lost due to concerns related to enforcement of this and other bylaws. Robert Pressman, 22 Locust Avenue, asked what the scope of the Working Group’s authority will be. Mr. Pato explained that the intention is to review both the current enforcement and directions for the Tree Bylaw, including potential limitations on clear cutting as allowed by State laws. Frank Haydu, 37 Miriam Street, expressed concern over the fact that certain Town board/committee meetings are being run concurrently, so that people cannot get involved. He noted that trees will be a large issue for the Town, and this needs support. Mr. Pato noted that there was consensus among the Board for the Working Group proposal to move forward. DOCUMENTS: P. Moyer Request Email, Tree Bylaw Enforcement Response Memo 4. Communications Advisory Committee Update on the Comcast of Massachusetts III, Inc. (“Comcast”) Cable Television License Renewal Process Ken Pogran, Chairman of the Communications Advisory Committee, updated the Board regarding the Comcast of Massachusetts III, Inc. (“Comcast”) Cable Television License Renewal Process. Comcast’s cable television license with the Town of Lexington expires on August 31, 2024. The Town of Lexington's Communications Advisory Committee (CAC) conducted a Community Ascertainment process as the first phase of the Comcast license renewal process. The next step is to initiate the license negotiation phase. The Select Board is being asked to approve the Community Ascertainment Report prepared by the CAC, which will be provided to Comcast, as well as formally authorizing the CAC to begin the process of negotiating a renewal cable television license with Comcast of Massachusetts III, Inc. (“Comcast”). VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Community Ascertainment Report prepared by the Communications Advisory Committee, and formally authorize the Communications Advisory Committee to begin the process of negotiating a renewal cable television license with Comcast of Massachusetts III, Inc. (“Comcast”). DOCUMENTS: CAC Report - Comcast Cable License Renewal Community Ascertainment 5. Discussion on Officially Naming a Portion of Old Spring Street Ross Morrow, Assistant Town Engineer, explained that a resident of Old Spring Street reached out to the Town about formally changing his street address to Old Spring Street. Old Spring Street is located off Spring Street and is physically a separate street. The current Town’s database listing has all properties addressed as Spring Street and not Old Spring Street. Due to this, people are having difficulties finding these homes for visits and deliveries; there is also potential confusion for emergency responders. The Engineering Department coordinated with Police & Fire, and all are in agreement to change the name to avoid confusion with Spring Street. Two residents prefer to maintain their current addresses as is. 149 Spring Street, 151 Spring Street, 154 Spring Street, 155 Spring Street, 157 Spring Street are in agreement, while 152 Spring Street and 153 Spring Street are not. Mr. Pato noted that there seemed to be consensus among the Board to move this item forward for a formal request at a future meeting. He asked for public comment at this time. Manas Adhikari, Old Spring Street, explained that Old Spring Street is a separate street from Spring Street and some residents would like it recognized as such. This has been confusing for navigation to certain houses and could be a concern for fire/rescue services. Sunila George, 157 Old Spring Street, also expressed concern for fire/rescue services finding Old Spring Street, if this change was not to occur. Mike Oh, 155 Old Spring Street, explained that, when he purchased his home in 2004, the street sign already read “Old Spring Street.” This was assumed to be recognized as the street address. He would like his property value to be recognized as a property on a cul de sac, instead of a main road (Spring Street). DOCUMENTS: Old Spring Street Area Map 6. Review and Approve Transportation Safety Group (TSG) Request to Restrict Entry into Kendall Road from Marrett Road Mr. Morrow explained that Kendall Road residents, between Waltham Street and Marrett Road, have long been concerned of the volume of traffic on the residential road and want to discourage cut through traffic. During morning commuting hours, vehicles use Kendall Road to avoid the light at the Marrett/Waltham intersection, at the same time that students are walking to school. During these hours, the Marrett/Kendall intersection is busy with conflicting vehicular movements. There have been several crashes at this location. In 2017, Kendall Road residents requested that restrictions be installed. After a study of the crashes, where over one third happen during the morning commute hours, TSG decided a restriction was appropriate. As Marrett Road is a State-owned highway, any turn restriction from this roadway must be approved by Mass DOT. As part of the application package to the State, the Town engaged an engineering firm to study the impact a turn restriction would have on the Marrett/Waltham signal. The engineering firm recommended minor adjustments to the signal timing. Mass DOT will need to approve any adjustments to the signal. TSG met with residents of the neighborhood on August 15, 2023, to confirm support of the restriction. While they do support the turn restriction, some residents requested that school buses be included in the restriction. TSG decided to recommend exempting school buses for two main reasons. The first being that elementary school students would have to walk down to Marrett Road to get on the bus. The second reason is scheduling. Once implemented, TSG will monitor the results and additional changes could be implemented in the future. Mr. Morrow explained that, in order to implement a full entry prohibition, TSG is requesting to codify turn restrictions from Marrett Road (as approved by Mass DOT) and a 1’ one-way restriction to prevent entry from the southern portion of Kendall Road. “Do Not Enter” signs will be posted at the southerly end of Kendall Road at Marrett Road, and “No Turn” signs will be posted on Marrett Road. Vehicles coming from Marrett, or the other side of Kendall will be restricted from entering during the morning hours between 7:00 AM and 9:00 AM. Residents are included in the restriction. TSG is recommending to the Select Board that school buses be excluded from the restriction. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0: in accordance with the provisions of chapter 689 of 1986 of the general laws, the traffic rules, and orders of Lexington, adopted by the board of selectmen on November 13, 1967, now chapter 192 of the code of Lexington, are hereby amended as follows: BY ADDING to CHAPTER 192-62 CERTAIN TURNS PROHIBITED SCHEDULE 6 PROHIBITED TURNS Location From To Restriction No left turn Marrett Road west Marrett Road Kendall Road 7:00AM – 9:00AM Monday -Friday bound School buses exempt No right turn 7:00AM – 9:00AM Marrett Road east Marrett Road Kendall Road Monday - Friday bound School buses exempt BY ADDING to CHAPTER 192-45 ONE-WAY TRAFFIC SCHEDULE 5 ONE-WAY TRAFFIC Location Direction Limits One foot northerly of Marrett Road between 7:00AM – 9:00AM Monday Kendall Road Southerly -Friday School buses exempt DOCUMENTS: Memo, Presentation, CodeAmendmentVote 7. Discussion on Special Town Meeting Kelly Axtell, Deputy Town Manager, explained that certain days have been proposed for a potential Special Town Meeting. The Board reviewed the proposed dates. Mr. Pato noted that the Town Moderator does intend to call for a hybrid meeting. 8. Review Applications and Approve Select Board Committee Appointments  (4) Semiquincentennial Commission (Lex250) - Community Member Representatives o List of Candidates for Consideration: Thomas Colatosti, Paton D. Davidson, Melanie Lin, Deborah Sabin, Serena Ljumani Kathryn Krzyzanowski, Cleveland M. Coats, Jr., Bridger McGaw and E. Ashley Rooney Mr. Pato explained that the Select Board is being asked to appoint four Community Member Representatives to the Semiquincentennial Commission each for a term set to expire following the completion of all planned activities in 2026. Per the updated charge, the Community Member Representatives areas of expertise have been expanded to include transportation, security, fundraising, and publicity. Board members identified candidates for each of the four area of expertise in order to appoint these members. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to appoint Mr. McGaw, Mr. Coats, Mr. Colatosti, and Ms. Rooney to the Semiquincentennial Commission (Lex250) as Community Member Representatives each for a term set to expire following the completion of all planned activities in 2026 in accordance with the deliverables established in the committee charge. DOCUMENTS: Semiquincentennial Commission (Lex250) Charge, 2023 Semiquincentennial Commission (Lex250) Applications - All Candidates ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 8:16pm. A true record; Attest: Kristan Patenaude Recording Secretary