HomeMy WebLinkAbout2023-11-06 SB-min
Select Board Meeting
November 6, 2023
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, November 6,
2023, via a remote meeting platform. Mr. Pato, Chair; Ms. Barry, Mr. Lucente, Mr. Sandeen, and Ms. Hai
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
Mr. Pato noted that, last week, several Board members attended a ceremony at Hastings School, where
Lexington teacher De’Shawn Washington received the 2024 Massachusetts Teacher of the Year. Also last
week, LexHAB signed a purchase and sales agreement for a two-family home in East Lexington to be
added to their inventory of affordable rental properties. Funding for this purchase was made possible
through a combination of sources including funds from the Affordable Housing Trust, and from the
Community Preservation Fund, as appropriated by Town Meeting.
Ms. Hai stated that the Board was recently alerted to the fact that Mass DOT will be awarding Lexpress a
$200,000 operating grant under the 2024 Community Transit grant program.
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Mr. Malloy explained that he recently gave the Board some information on the number of immigrant
families staying in hotels in Town. As of today, the number is at its max of 30 families, +/- 90 people.
The Town is working to make sure that any of the children attending schools are immunized and that the
schools are aware of how many children will be attending, the languages they speak, etc. A State liaison
is working with the Town and the National Guard is on site to provide assistance to the families.
Mr. Malloy noted that the Town's electric rate for residents will be changing this year. The Basic will be
increasing from $9.94 per kilowatt hour to $13.08. The 100% Green plan will be increasing from $10.80
to $13.99 per kilowatt hour. The New England Green plan will be increasing from $13.22 to $15.65 per
kilowatt hour. These rates are still substantially lower than Eversource’s current rates.
DOCUMENTS: 10-27-23 Weekly Update, 11-3-23 Weekly Update
CONSENT AGENDA
1. Approve and Sign Proclamation – Employee Recognition Day
To approve and sign a proclamation for Employee Recognition Day to honor all Town employees and to
recognize those employees with 10, 15, 20, 25, 30 and 40 years of service.
DOCUMENTS: 2023 Employee Recognition Day Proclamation
2. Approve Select Board Meeting Minutes - October 16, 2023 Select Board, October 18, 2023
FY2025 Financial Summit I, October 23, 2023 Select Board
To approve and release the following minutes: October 16, 2023 Select Board, October 18, 2023 FY2025
Financial Summit I, October 23, 2023 Select Board
DOCUMENTS: DRAFT 10162023 Select Board minutes, DRAFT 10182023-Financial Summit I,
DRAFT 10232023 Select Board minutes
3. Approve and Sign Water and Sewer Adjustments
To approve and sign the attached Water and Sewer Adjustments as recommended by the Water and Sewer
Abatement Board on September 28, 2023.
DOCUMENTS: Interest Only 9-28-23 WSAB
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the
Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Accept FY2025 Street Acceptance Schedule & Vote Intent to Layout Tucker Avenue as Public
Way
Matt Weisman, Senior Civil Engineer, explained that the request is for the Board to sign a Notice of
Intent to Lay Out a Public Way (Tucker Avenue). This is the first formal step in the street acceptance
process.
David Fairman, 5 Tucker Avenue, thanked the Board for considering the request. He noted that the
abutters are willing to pay a cost for the betterment.
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 that the Select
Board Intent to layout as a public way, Tucker Avenue from Carville Avenue southeasterly to the
accepted portion of Tucker Avenue, a distance of 300 feet more or less; and further to approve the
attached Notice of Intent to Lay Out Tucker Avenue.
DOCUMENTS: Notice of Intention to Lay Out - Tucker Avenue, Memore:TuckerAve, Tucker Ave
Unaccepted Limits
7. Review and Approve 250th Anniversary of the Battle of Lexington Intermunicipal Agreement
Between the Towns of Lexington, Arlington, Concord, and Lincoln – The Board took up this item
at this time.
Mr. Malloy explained that the Intermunicipal Agreement (IMA) between Lexington, Arlington, Lincoln,
and Concord has been negotiated over the past several months to provide various cooperative services
related to the 250th celebrations for all four towns. This IMA provides $200,000 for these services,
th
divided evenly among the four Towns at $50,000 each. Lincoln approved this IMA on October 30. This
will allow the towns the ability to hire a single event coordinator that would be coordinated through
Concord, along with work on crisis communications and a website, which will be coordinated by the
Town of Lexington. Lexington has funding available through ARPA and the earmark that was approved
by the legislature. In total, the Lex250 Committee has $600,000 of available funding to spend. This IMA
also establishes an eight-member committee to review RFPs, especially for the event coordinator, and
also an eight-member advisory committee.
The Board discussed the details of the IMA with legal counsel.
There was no public comment at this time.
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the
intermunicipal agreement as attached, with the amendment for an eight-member advisory committee, and
further to authorize the Select Board to execute said intermunicipal agreement.
DOCUMENTS: IMA Clean Final
2. Update and Design Options for Intersections
Adams Street/Hancock Street Intersection
Adams Street/East Street Intersection
Paul Revere Road/Cedar Street/Hill Street Intersection
Ross Morrow, Assistant Town Engineer, explained to the Board that they will be hearing a presentation
regarding the Hancock Street at Adams Street and Adams Street at East Street Intersection Improvements.
Also, a presentation regarding the Cedar Street at Hill Street and Paul Revere Road Intersection
improvements project.
The Jacobs Design Team presented on these proposed intersection projects to the Board.
Mr. Sandeen requested a picture of the scale of the proposed roundabouts compared to ones that already
exist in Town. Mr. Morrow explained that this is only the first of many public outreach sessions and these
are very draft preliminary designs. These roundabouts are proposed to be much smaller in scale than
others in Town. Mr. Sandeen stated that he would like the design team to take into account the proximity
to Fiske Elementary School and an existing pedestrian crossing in this area. He noted that he would also
like to see all of the plans show the location of existing utility poles. He would like to make sure
bike/pedestrian safety is adequately addressed within the Adams and Hancock concepts. He stated that the
recommended concept is actually his least favorite, when making other considerations.
Ms. Barry noted that Adams Street is free-flowing. She does not support the proposed recommendation
made for this intersection at this time and does not understand why preference is being given to traffic on
Adams Street. She asked if recent data has been collected for these intersections. Both intersections deal
with nearby streets, and this should be taken into consideration. She suggested the design team consider
teeing up East Street with Hathaway Street.
Ms. Hai also noted that she is not a fan of the recommended proposal at Hancock and Adams. This is a
very heavily pedestrian utilized intersection. She leaned toward presented option 1. For the Adams and
East intersection, she would also lean toward stop signs.
Mr. Lucente stated that he is not a fan of the signalization option at Hancock and Adams. He hopes for
additional feedback and other potential design options.
Mr. Pato stated that, for the Hancock and Adams Street design, he feels most comfortable with the teed-
up stop sign direction. He would like to make sure there is adequate accommodation for multimodal
transports and is not inclined to make sure throughput is very high in that area.
Tim Wright, 55B Hancock Street, stated that the recommended proposal is the worst possible solution. It
greatly increases pedestrian danger at this junction, and it makes life far more hazardous for abutters. The
stated objective for this project was to improve overall safety, and the recommended proposal is the only
one without improved safety as one of its pros. He echoed the comments made by Ms. Barry and Mr.
Sandeen.
Bryan Clark, 58 Hancock Street, stated that he would like to learn more about past issues with the
intersection, including traffic volume, and pedestrian issues. He would like a higher level of transparency
regarding this project and would like to be included in the discussion of this project as an abutter.
Manuel Navia, 55 Hancock Street, stated that he would like information regarding traffic flow in all-stop
situations, as this would be his preference. He noted that there is only one pedestrian crossing proposed
and slowing cars down in additional ways would be a small price to pay for increased safety. He echoed
Mr. Clark’s comments regarding being notified as an abutter of meetings on this topic.
Tad Dickinson, 48 Hancock Street, stated that residents along Hancock Street are interested in reducing
speed along the street. He is against the recommended solution, as it creates a speedway from Adams
Street onto Hancock Street toward the Center. In the morning, cars already travel 40mph-45mph as there
is nothing to slow them. While all-way stops would slow traffic the most, they are also the noisiest and
most polluting. He would like to see more information regarding a minor regrading of this area in order to
create an effective roundabout.
Bertina Norford, 56 Hancock Steet, agreed that the recommended proposal would increase speeds and
would be more dangerous. She believes a roundabout would keep traffic moving and be a better solution.
Bernard Gunther, 26 Brent Road, stated that all of these intersections are heavily traveled. He suggested
that the Board give the instruction to the designers to maximize pedestrian and bike safety, over traffic
speed. He expressed concern regarding the diagrams for the roundabouts not being very clear on the
pedestrian crosswalks. People cross these interchanges all the time, and it needs to be clear how these will
work. Also, when dealing with the Adams Street to East Street connection, there is an existing school
crosswalk with the school crossing guard which needs to be brought into the discussion. He asked if this
could be an area for a raised crosswalk.
Mr. Morrow discussed four potential Cedar Street project options with the Board. This project is related
to the upcoming sidewalk construction along this street, and so is further along in the design process.
Mr. Lucente stated that he believes the project should slow traffic and discourage cut-through traffic.
Ms. Hai stated that the whole point of this sidewalk is to improve pedestrian safety. She expressed
concern regarding how a traffic circle would work for larger vehicles, and the location of a stop sign
leading directly into a roundabout.
Ms. Barry asked if there is a preferred concept for this project. Mr. Morrow stated that each option has its
benefits and drawbacks. The consultant currently prefers Cedar Street as a straight through and the Hill
Street and Paul Revere Road intersection teed up. Mr. Morrow stated that he is more in favor of a
roundabout. Ms. Barry stated that she does not believe the Town wants to encourage flowing through
traffic.
Mr. Sandeen stated that is a fan of roundabouts, but echoed Ms. Hai’s concerns regarding large 18-
wheelers accessing a roundabout, and the free-flowing traffic on Cedar Street blowing through the
intersection off Hill Street.
Mr. Pato stated that he prefers roundabouts in general, as long as adequate pedestrian treatments are
provided in the area.
Tad Dickinson, 48 Hancock Street, thanked the Town for putting sidewalks on Hill Street. There are
many children that access this area. The intention should be to slow down traffic at this intersection. He
noted that he very rarely saw 18-wheelers come down this street when he lived in the area.
Mr. Morrow stated that Staff will be back before the Board in about a month to discuss the options again.
DOCUMENTS: Cedar Street Memo, Cedar Street Presentation, Adams - Hancock Memo, Adams -
Hancock Presentation
3. Discuss Fossil Fuel Free Waiver
Maggie Peard, Sustainability & Resiliency Officer, reviewed the Fossil Fuel Free Bylaw (adopted by the
2023 Annual Town Meeting). Section 106-5 of the Bylaw is specific to the process of waivers and the
Board, under Section 106-5(F) is authorized to issue guidance to Staff on granting waivers. Staff have
developed recommendations to the Board for this guidance for discussion purposes.
Mr. Pato stated that his concern is that projects would be granted this waiver for a commercial viability at
a level that is less significant than the Board might want. He would like guidance regarding what could be
nonviable differences versus gray areas.
Ms. Barry suggested including language that all information must be received from an application within
a certain number of days in order for the application to be considered complete.
Mr. Sandeen echoed Mr. Pato’s comments regarding lack of guideline for what financial or commercial
viability means.
Ms. Peard stated that Staff would take the comments given and revise the bylaw. The Board can review
language at a future meeting for final guidance.
DOCUMENTS: Fossil Fuel Free Bylaw, Staff Recommendations
4. Approve Planting of Replacement Tree on Battle Green
Dave Pinnsoneault, Director of Public Works, requested Board approval for the planting of one new tree
on the Battle Green. This tree will replace a declining tree being removed due to its failure. The
replacement tree will also continue to serve as a memorial tree. The new tree will be selected from the
Battle Green Master Plan Tree selection. Installation of this new tree would be slated for late fall, along
with other Town fall tree plantings.
Dawn McKenna, 9 Hancock Street, explained that trees on the Battle Green, especially ones installed in
memorial, are supposed to be based on veteran status. This is under the purview of the Board, and she
requested this item be tabled for more information.
Mr. Pato asked Mr. Pinnsoneault if he could move ahead with installation of the tree, while addressing the
memorial at a later time. Mr. Pinnsoneault agreed that this would a possibility. Mr. Pato stated that the
Board would later review and potentially vote on a memorial for this tree.
DOCUMENTS: 2023.11.01 Memo - Battle Green Tree Planting request
5. Special Town Meeting 2023-1
Revised Motion - STM 2023-1 Article 7: Appropriate Housing Resale and Rental Monitoring
Fees
Ms. Axtell explained that the Affordable Housing Trust Board of Trustees recommending Article 7 for
indefinite postponement at this time.
Select Board Article Discussion, Presenters and Positions
The Board reviewed its positions.
The Board was unanimously in favor of indefinite postponement of Article 7 - Appropriate for Housing
Resale and Rental Monitoring Fees at this time.
The Board discussed its positions for Article 9 - Authorize Home Rule Petition for Special Legislation –
Establishing the Election of Town Offices using Ranked Choice Voting (Citizens’ Petition). Mr. Pato,
Mr. Sandeen, and Ms. Hai were yeses. Ms. Barry was a no. Mr. Lucente remained a wait.
Motion - STM 2023-1 Article 12: Amend Zoning By-Law - 2013-2027 Massachusetts
Avenue (Owner Petition)
The Board discussed Article 12. Mr. Sandeen remained a wait. Mr. Lucente, Ms. Barry, Ms. Hai, and Mr.
Pato were yeses.
Discuss Memorandum of Understanding (MOU) Between AB Holdings, LLC and the Town
of Lexington, Massachusetts
The Select Board discussed the Memorandum of Understanding between AB Holdings, LLC and the
Town of Lexington, Massachusetts.
Mr. Sandeen noted that there is a proposal within the MOU to delete a couple of reporting requirements
that the owner is currently obligated to inform the Board or Staff of any written complaints of any motor
vehicle accidents on site. This item has worked well for some number of years and has given the Board
comfort. He would like to see this valid reporting continue.
Mr. Pato echoed Mr. Sandeen’s concern.
Trisha Kennealy, owner, explained why the proposal within the MOU is being made. She noted that she
does not envision large parties of approximately 120 people arriving regularly.
The Board reviewed Article 8 - Appropriate for Speed Hump Pilot Program.
Chief Sencabaugh stated that the Fire Department is against speed humps, due to a concern for response
time. Speed bumps can traditionally attribute up to 10 seconds in delay per speed bump when responding.
Typically, a fire doubles in size every 60 seconds.
Mr. Pinnsoneault expressed concern with storage of temporary speed humps and plowing if the speed
humps are proposed to remain in place. Surveying would be needed to find appropriate placement.
Chief McLean stated that he has concerns regarding this pilot program. People may start to avoid areas
where these speed humps are installed, increasing traffic in other areas, or people may accelerate faster
after the speed humps.
Mr. Pato noted that this pilot is proposed for a street for which there are not alternatives for access. The
pilot is intended to understand what the consequences are of installation and where are the appropriate
locations.
Mr. Lucente explained that, while he hears the concerns from the public safety officials, this seems to be a
data-driven approach to give the Board extra information in order to find an appropriate solution.
DOCUMENTS: Article 7 IP motion, Article 12 motion, Article 12 - Draft MOU, Article 12 - Original
2012 MOU PSDUP, Moderator's proposed schedule of articles, Select Board Working Document -
Positions STM 2023 -1
6. Review and Approve American Rescue Plan Act (ARPA) Requests
Mr. Malloy explained that there are three ARPA requests. The first is a $10,490 request from the
Recreation Department for therapeutic recreation safety & supplies for non-violent intervention training
and supplies. The second is a $15,300 request from the Town Clerk for high-speed scanning equipment to
better facilitate mail-in voting tabulation. The third is a $6,250 request from a Select Board member
seeking funding for 1/4 of the local cost of a study of particulate matter created by Hanscom Field. The
$50,000 study has $25,000 coming from Massport CAC; $25,000 from four adjacent communities; and
the other 3/4 coming from three other abutting towns.
As shown in the ARPA Spreadsheet, the total amount that has been approved to date is $8,313,868 of the
Town's $9,903,381 allocation. The most recent requests total $32,040 which, if all are approved, would
leave a balance of $1,557,473.
The Board was unanimously in favor of the first and second requests.
The Board discussed the third request. Ms. Barry asked for additional information on this item and
questioned why there is not funding for this item elsewhere than through ARPA. She noted that this item
did not come before the Board through the normal format with the supporting materials.
Barbara Katzenberg, 37 Moon Hill Road, stated that the group would like to get the study done as soon as
possible. The intention is to get as much data as possible while the project is going through an
environmental review.
Mr. Pato stated that he would like to pull this item from further consideration tonight. He requested
information for the full proposal, along with consideration of alternate sources of funding. He will work
with the proponents on this item. The Board agreed and expressed interest in hearing more about this item
in the future.
Dawn McKenna, 9 Hancock Street, stated that she is concerned that there is not ARPA funding being put
toward tourism in Town. She asked the Board to make it a priority to request items of this type to be
presented by the Town Manager.
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the
following ARPA Requests: $10,490 for Therapeutic Recreation Safety & Supplies; and $15,300 for
Election Modernization.
DOCUMENTS: ARPA Spreadsheet for 11-6-23 (3rd Quarter), Therapeutic Recreation Safety &
Supplies, Election Modernization, Hanscom Field Emissions Study, Prevailing Winds KBED yearly,
Hanscomand Lexington Google Map View
7. Review and Approve 250th Anniversary of the Battle of Lexington Intermunicipal Agreement
Between the Towns of Lexington, Arlington, Concord, and Lincoln
This item was previously addressed.
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn the
meeting at 9:17pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary