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HomeMy WebLinkAbout2023-11-13 SB-min Select Board Meeting November 13, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, November 13, 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. EXECUTIVE SESSION 1. Exemption 6: To Consider the Lease of Real Property - Church of Our Redeemer Parking Lot, 6 Meriam Street 2. Exemption 3: Discuss Strategy with Respect to Litigation - Per- and Polyfluoroalkyl Substances (PFAS) Settlement VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 6:35 p.m. that the Board go into Executive Session under Exemption 6: To Consider the Lease of Real Property - Church of Our Redeemer Parking Lot, 6 Meriam Street and Exemption 3: To Discuss Strategy with Respect to Litigation - Per- and Polyfluoroalkyl Substances (PFAS) Settlement. 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 7:04 pm TOWN MANAGER REPORT 1. Introduction of Jonas Miller, Director of Communications Mr. Malloy introduced Jonas Miller, who started on October 25th as the new Director of Communications. Mr. Miller comes from a news background and has spent the past several years working as a Producer for WFXT Boston 25 and WTEN Albany (NY). Mr. Miller has a BA in Communications and lives in Lexington. In response to a question from Mr. Pato, Mr. Malloy explained that Lexington is currently housing approximately 30 families, or 80 people. They are being provided technical assistance from both the State and National Guard as far as translation services and other services, such as rides to required legal or medical appointments. The Town will be establishing a weekly meeting with the State regarding these families and all other groups in Town, including the Schools, will hold weekly meetings on Friday to discuss the existing needs. There have been many offers for assistance from groups, and the Town is working with the State to make sure that all needs are being met. All of these individuals are being treated with kindness and respect. Vaccination records will be collected. Staff from the Human Services Department, along with other departments in Town are available for these individuals. CONSENT AGENDA 1. Approve Resilient Lexington: Climate Action and Resilience Plan To approve the Climate Action and Resilience Plan as provided. DOCUMENTS: Climate Action & Resilience Plan 2. Approve Resolution Framework – Climate Change and Systemic Racism To approve the resolution framework on Climate Change and Systemic Racism as provided in the meeting packet and have the scrivener’s error of “Green Fleet Policy” be corrected to “Fleet Electrification Policy”. DOCUMENTS: Resolution Framework Climate Change and Systemic Racism 3. Application: Battle Green Permit – Lexington Historical Society, Battle Green, 0 Massachusetts Avenue - Historical Reenactment of Lexington Tea Party To approve the request of the Lexington Historical Society, in collaboration with Lexington Minute Men, Inc., to use the Battle Green on Sunday, December 10, 2023 from 12:30pm to 2:30pm for the Lexington Minute Men to perform a musket drill, as well as perform marching and other demonstrations on the Common with drills taking place between approximately 12:30pm and 1:00pm. DOCUMENTS: Battle Green Use Request Diagramof Event - Reenactment of Lexington Tea Party, Use of the Battle Green Regulations 4. Accept Select Board Committee Resignation -Lexington Human Rights Committee - Mona Roy To accept the resignation of Mona Roy from the Lexington Human Rights Committee effective on November 15, 2023. DOCUMENTS: Resignation Letter - M. Roy 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. Select Board Work Session – Approve FY2024 Tax Classification Options Carolyn Kosnoff, Assistant Town Manager for Finance, explained that this is the second meeting of the Select Board to establish the Fiscal Year 2024 tax rate. On October 23, 2023, information was presented to the Select Board on factors that will affect the determination of the Fiscal Year 2024 tax rate. This presentation included a review of the FY2024 approved budget and levy limit, new tax levy growth, and trends on residential, commercial, industrial, and personal property assessed values. On that date the Board also held the FY2024 tax classification hearing to take public comment on the classification options. Today's meeting is for the Board to vote the four items that will determine the FY2024 tax rate. The four votes are to:  Establish a residential shift factor between 1.00 and 1.75 (see Exhibit A of the classification packet);  Determine whether to adopt the Open Space Discount (this is not applicable as the Town has no property classified as Open Space);  Determine whether to adopt the Residential Exemption and, if so, the percentage (up to 35%);  Determine whether to adopt the Small Commercial Exemption, and if so, the percentage (up to 10%) Ms. Kosnoff noted that adjustments to the budget were approved last week at Special Town Meeting. Those adjustments were already factored into the budget as presented in this presentation. Exhibit A in the packet outlines the shift options and what those will look like based on the approved budget. Regarding the small commercial exemption, Ms. Kosnoff explained that Staff previously stated that there are 87 properties in Town that have values of under $1M. This is the first criteria for a small commercial exemption. The second criteria is that the business parcels must have 10 or less employees. For the first time this year, Staff received an electronic list from the Department of Unemployment. This list was used to identify approximately 57 properties in Town that would fully qualify. The assessors did some additional field work and believe there may be more than 57. Some of the businesses on the list may be sole proprietorships, or partnerships. Those businesses do not necessarily have to file with the Department of Unemployment, and therefore would not be on the list, but may still qualify for a small commercial exemption. Staff would be happy to do additional work on this item and present it to the Board in the future. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to establish a residential factor of 0.886 (plus additional decimals or rounding as needed) to result in a tax shift of 1.75; and further not to adopt the Open Space Discount; and further to not adopt the Residential Exemption; and further to not adopt the Small Commercial Exemption. DOCUMENTS: FY2024 TaxClassification Packet 2. Select Board Work Session – Approve FY2024 Water and Sewer Rates Ms. Kosnoff explained that this is the second and final meeting for the proposed water and wastewater th rates for FY2024. The Select Board held a public hearing on Monday, October 16. At this meeting, the Board reviewed the results of FY2023 water and wastewater operations, retained earnings histories, the FY2024 water and wastewater budgets as adopted at the 2023 annual town meeting (including downward adjustments just approved at the Fall 2023 STM), estimated FY2024 water and wastewater usage projections, and preliminary FY2024 water and wastewater rates. Tonight’s agenda item is for the purpose of setting FY2024 water and wastewater rates. The proposed rates represent a combined increase of $49.00 or 5.0% for the average Lexington household. These rates remain the same as advertised and presented at the public hearing on October 16, 2023. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 that the Board approve the proposed FY2024 water and wastewater rates shown on page 2 of the rate presentation: Residential/Commercial/Industrial Water Sewer Tier 1 $5.06 $9.73 Tier 2 $7.59 $15.89 Tier 3 $10.02 $25.27 Irrigation $10.02 NA Municipal $3.46 $3.68 Hanscom/Lincoln Labs $7.46 NA VA Hospital $8.92 NA Bedford-water $3.29 NA Flat Sewer Rate (annual) NA $445.32 DOCUMENTS: FY2024 Proposed Water and Wastewater Rates 3. Select Board Work Session – Review and Approve Tax Bill Insert – Senior Tax Deferral Program Ms. Kosnoff explained that, under MGL Ch. 60, § 3A(d), with the approval of the Board, the Collector may include non-political municipal informational material with the property tax bills so long as such inserts do not cause an increase in the postage required for mailing the tax bill. The Board reviewed a proposed tax bill insert related to the tax deferral program, which will not increase postage costs. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the tax bill insert as per the attachment in the packet. DOCUMENTS: TaxBillInsert 4. Select Board Work Session - Presentation: Lead and Copper Replacement Program Kickoff Dave Pavlik, Water & Sewer Superintendent, presented to the Board regarding the Lead and Copper Program. He explained that this project will remove all of the lead pipe from the Town’s system. Funding was approved at the Spring Town Meeting by overwhelming support. Staff will be working with counsel over the wintertime to determine the best way to approach the entrance onto private property. Once the contract has been bid and awarded, Staff will work with the consultant engineer on developing specs and survey for restoration on private property. The actual replacement of a line generally takes approximately a day, and restoration project times on private properties will vary. In response to a question from Ms. Barry, Mr. Pavlik explained that this project will go directly to water meters, but not inside private residences. This project will try to minimize impacts to recently resurfaced streets in Town. In response to a question from Ms. Hai, Mr. Pavlik explained that many of the lines to be replaced were discovered during the Advanced Metering Infrastructure (AMI) project. Other lines will be determined by examining between 10,000-12,000 service cards. In response to a question from Mr. Lucente, Mr. Pavlik explained that it is not likely that this project will deal with any commercial lines, due to the size and material generally used. The Board thanked Staff for the updates on this project. DOCUMENTS: Presentation 5. Discuss Potential Liquor Licensing Expansion Mr. Malloy explained that the Town's Economic Development Department has been approached by local businesses and/or business looking to locate in Lexington that have expressed an interest in having a beer/wine license. These businesses do not serve food. The Board has an existing liquor license policy that requires any licensee to have food service. The types of businesses that have indicated they may be interested include an art gallery, art studio instruction, theater, and microbrewery. The proposed licensing expansion includes language that establishments without food service will be considered on a case-by-case basis, and that establishments without food service will need to be retail services, art or cultural venues, or a licensed brewery/winery. Applicants will need to demonstrate how the alcohol license will enhance the business. Non-food service establishments will be limited to a beer and wine license. Ms. Hai noted that she would like to make sure this expansion create parity for all. The Board agreed that it would like to consider pursuing additional drafts of this item, along with a potential outreach plan. DOCUMENTS: Draft Policy – Redline, Draft Policy - Jill Hai Comments, Draft policy - Clean 6. Establish 2024 Annual Town Meeting and Annual Town Election Dates Kelly Axtell, Deputy Town Manager, explained that the request is for the Board to establish dates for the 2024 Annual Town Election and 2024 Annual Town Meeting. The suggested dates are:  Thursday, December 7 , 2023 at 1pm: due date for Citizens Petition and separate draft motions for the 2024 Annual Town Meeting Warrant  Tuesday, March 5, 2024: Annual Town Election  Monday, March 18, 2024: Opening Session of the 2024 Annual Town Meeting. The draft warrant will be available for Select Board review for the meeting on January 8, 2024. The final warrant will need to be voted and signed by the Select Board on January 22, 2024. th Ms. Barry noted that she believes an article will be needed for the 250 Celebration. The Board discussed the proposed timing for these dates. The Board discussed changing the date of the submission for Citizen Petitions to December 14, 2023 VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to open the 2024 Annual Town Meeting Warrant for submission of Citizen Petitions through Thursday, December 14, 2023 at 1:00pm; further, to establish Tuesday, March 5, 2024 as the date for the 2024 Annual Town Election; and further, to establish Monday, March 18, 2024 as the date for the opening session of the 2024 Annual Town Meeting. DOCUMENTS: Memo to SB-Election Planning ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn the meeting at 8:38pm. A true record; Attest: Kristan Patenaude Recording Secretary