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HomeMy WebLinkAbout2024-01-22 SB-min Select Board Meeting January 22, 2024 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, January 22, 2024, via a hybrid meeting platform. Mr. Pato, Chair; Ms. Barry, 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. The meeting was called to order at 6:30pm. PUBLIC COMMENTS Dawn McKenna, 9 Hancock Street, stated that she was privileged enough to attend the Chinese American Association of Lexington events last night. She thanked the Board and Town Manager for showing the community they cared by participating in the events. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Mr. Lucente recognized Ms. Hai regarding her role as the president of the MMA this past year. Ms. Hai explained that the Transportation Advisory Committee has been getting a number of concerns regarding the new 53/55 Watertown street development requesting Lexpress service. The point was made that the developer, at the time, declined to participate in Lexpress because they were going to provide their own transportation. Also, a grant application has been submitted for a tri-town pilot program that would link from the commuter station in Waltham to Burlington following along the B Route of Lexpress, which would give additional potential connectivity. DOCUMENTS: Correspondence Secretary Report - January 22, 2024 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy recognized Staff for working through the White Book and other budget items. He noted that there was one open union contract in the Town which was settled as of last Friday. DOCUMENTS: Weekly Update 1-12-24, Weekly Update 1-19-24 CONSENT AGENDA 1. Application: One-Day Liquor Licenses – Spectacle Management, Inc., 1605 Massachusetts Avenue To approve seven One-Day Liquor Licenses for Spectacle Management, Inc. to serve beer and wine in the lobby outside of Battin Hall on the main level of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of seven events as follows:  Live from Laurel Canyon - Songs and Stories of American Folk Rock, Friday, February 9, 2024 6:30pm to 10:30pm  Robert Cray, Saturday, February 24, 2024 6:30pm to 10:30pm  The Capital Fools, Thursday, March 7, 2024 6:30pm to 10:30pm  Red Hot Chili Pipers, Sunday, March 10, 2024 6:30pm to 10:30pm  Sing and Swing Jazz, Thursday, March 21, 2024 6:30pm to 10:30pm  The Wallflowers, Sunday, April 14, 2024 6:30pm to 10:30pm  Tommy Emmanuel, Thursday, May 16, 2024 6:30pm to 10:30pm DOCUMENTS: Spectacle Management Event Location Map 2. Application: One-Day Liquor License – Lexington Historical Society, 1 Bedford Street  Tavern Night To approve a One-Day Liquor License for the Lexington Historical Society to serve beer and wine at Buckman Tavern, 1 Bedford Street, for the purpose of "Tavern Night" on Saturday, March 9, 2024 from 5:00pm to 7:00pm. DOCUMENTS: Lexington Historical Society Event Location Map 3. Town Celebrations Committee Request – Approve Sending Sponsorship Letters for 2024 Patriots' Day Parade To approve the request of the Town Celebrations Committee to send out Patriots' Day sponsorship letters, as proposed. DOCUMENTS: 2024 Sponsor Request Letter, List for TCC mailing of Patriots' Day Sponsor request letter 4. Approve and Sign Eagle Scout Commendation Letter – Alex Kang Lau To approve and sign a letter of commendation congratulating Alex Kang Lau of Boy Scout Troop 160 for attaining the highest rank of Eagle in Boy Scouting. DOCUMENTS: 2024 Eagle Scout Letter - A. Kang Lau - Troop 160 5. Approve and Sign Water and Sewer Finals To approve and sign the attached Water and Sewer Finals for December 2023. DOCUMENTS: Water and Sewer Finals - December 2023 6. Applications: Battle Green Permits – William Diamond Junior Fife and Drum Corps, Battle Green, 0 Massachusetts Avenue To approve the request of the William Diamond Junior Fife and Drum Corps to use the Battle Green on Friday, May 3, 2024 from approximately 6:30pm to 9:30pm for the annual Lexington Fife and Drum Tattoo as part of the Lexington Muster weekend, and to further approve the Parade Corps to march down Massachusetts Avenue towards the Battle Green for the annual Lexington Fife and Drum Tattoo starting at 6:45pm. To approve the request of the William Diamond Junior Fife and Drum Corps to use the Battle Green on Saturday, May 4, 2024 from approximately 11:00am to 1:00pm for the purpose of lining up for the Lexington Muster Parade, and to further approve Corps Members parading down Massachusetts Avenue towards Hasting Park for the Lexington Muster starting at 12:00pm. DOCUMENTS: Map of Parade Route for Lexington Muster Parade 7. Accept Select Board Committee Resignations To accept the resignation of Maureen Rynn from the Lexington Housing Authority in the Tenant Board Member Seat effective on January 31, 2024. To accept the resignation of Salvador Jaramillo from the Lexington Human Rights Committee effective immediately. DOCUMENTS: Resignation Letter - M. Rynn, Resignation Letter - S. Jaramillo 8. Approve Town Manager Committee Appointment Conservation Commission - Thomas Whelan To approve the Town Manager's appointment of Thomas Whelan to the Conservation Commission as a full member for a three-year term set to expire on March 31, 2027. DOCUMENTS: Thomas Whelan 9. Approve Select Board Meeting Minutes January 8, 2024 Select Board To approve and release the January 8, 2024 Select Board meeting minutes. DOCUMENTS: DRAFT 01082024 Select Board Minutes 10. 2024 Common Victualler License Renewals To approve the 2024 Annual Common Victualler License Renewals for the following businesses:  Lexington Knights of Columbus Members Association Inc. - 177 Bedford Street Spirit of India - 321 Marrett Road 11. Application: One-Day Liquor License - T.P. Bronx LLC d/b/a Galaray House, 1720 Massachusetts Avenue, Unit 2 First Friday Reception To approve a One-Day Liquor License for T.P. Bronx LLC d/b/a Galaray House to serve wine and champagne inside the Galaray House, 1720 Massachusetts Avenue, Unit 2, for the purpose of a First Friday Reception on Friday, February 2, 2024 from 6:00pm to 8:30pm. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Public Hearing: Intent to Layout Tucker Avenue as a Public Way Mr. Pato opened the public hearing at 6:40pm. John Livsey, Town Engineer, presented to the Board regarding the Tucker Avenue limits and a timetable for the acceptance of a portion of Tucker Avenue. The Town has received a petition signed by all seven abutters to the unaccepted portion of Tucker Ave. The unaccepted portion of Tucker Ave is approximately 332’ in length. Petitioners are requesting that the Town approve the road as an accepted way at the upcoming Annual Town Meeting. The request is that this be completed through a betterment process, the estimated cost for which is $30,000. The funding will allow the Town through the Engineering Division to perform improvements to bring the road fully up to Town standards. The petitioners have noted that #9 and #15 Tucker Avenue cannot be bettered for greater than $3,000 and any additional charges will be divided by the other five abutters. David Fairman, 5 Tucker Avenue, confirmed that all abutters are on board as laid out in the petition. He asked if the cap would be $30,000 for the cost of the project. Mr. Livsey confirmed this. Ms. Hai asked what might happen if there are unanticipated costs that arise during the project. Mr. Livsey stated that Staff is very comfortable that the $30,000 will cover the cost of the project. Chance of any unknowns is very slim. Mr. Pato closed the public hearing at 6:45pm. DOCUMENTS: Memorandum, Timetable, Tucker Ave Unaccepted Limits 2. Discuss and Approve Potential Relocation of Bus Stop in Front of Conte's Bike Shop, 1684 Massachusetts Avenue to New Area in Lexington Center Mr. Livsey explained that the Town has received concerns regarding the location of the bus stop near Conte's Bike Shop at 1684 Massachusetts Avenue. The Town's Engineering Department has worked with the Commission on Disability, MBTA, and others to identify the best new location and is recommending the bus stop be relocated in front of 1690 Massachusetts Avenue. The MBTA guidelines are clear that preference is for buses to be able to pull up to bus stops without pulling directly into a space. Mr. Sandeen, liaison to the Commission on Disability and Bicycle Advisory Committee, stated that the Bicycle Advisory Committee took a straw poll and was in favor of moving to the proposed location. The Commission on Disability also unanimously supports this location but made a strong request that the Town consider a bus shelter at this location. Ms. Barry asked about the funding source and cost for this project. Mr. Livsey explained that the funding source would the Street Improvements budget, and the estimated cost would be in the five-figure range. This will not impact any other proposed work to be completed in the spring. Ms. Hai asked about the pinch point for the left turn onto Grant from this proposal. Mr. Livsey explained that this was brought up during the process and there is not a safety concern. Typically, the bus stops for 10-15 seconds, and the bus spacing at the stop ranges between 30-60 minutes apart. Jerry Michelson, Lexington Center Committee, stated that the Committee is unanimously in favor of this proposal. Pam Lyons, 51 Grant Street, thanked the Center Committee, Commission on Disability, Tree Committee, and Bike Committee for putting in serious time and effort to this process. She also thanked the Engineering Department for this approach of moving in the same direction as Mass Transit. Sharon Spaulding, 1666 Massachusetts Avenue, thanked Mr. Livesey, the Town, the Board, the businesses at 1666 Mass Avenue and the Center Committee for working together on this item. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve moving the bus stop location from 1684 Massachusetts Avenue to 1690 Massachusetts Avenue. DOCUMENTS: Presentation on Bus Stop 3. Review and Approve Increase to Town Clerk's Fees Mary de Alderete, Town Clerk, reviewed the proposed Town Clerk's Department fees that would target to increase as of July 1, 2024. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve/disapprove the increase in Town Clerk's fees as presented at the 1/22/24 Select Board meeting. DOCUMENTS: BOS memo to increase fees, Proposed 2024 fee schedule 4. 2024 Annual Town Meeting  Approve Letter from Town Moderator for Inclusion in 2024 Annual Town Meeting Warrant The Select Board reviewed the Town Moderator's letter requesting hybrid participation for 2024 Annual Town Meeting and to include the letter in the 2024 Annual Town Meeting Warrant. Dawn McKenna, Precinct 6 Town Meeting Member, stated that she would like members of the public present at Town Meeting to be able to speak on their own behalf, instead of having their comments read. Mr. Pato reminded the Board that the practice adopted at the previous hybrid Town Meeting was that those present in person could speak on their own behalf, but those not in-person do have to submit their comments in writing to be read. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Town Moderator's letter requesting hybrid participation for 2024 Annual Town Meeting and to include such letter in the 2024 Annual Town Meeting Warrant.  Approve Warrant The Select Board reviewed the 2024 Annual Town Meeting Warrant. David Pinsonneault reviewed the availability of electric leaf blowers. In bulk, these items would likely not be available immediately. Ms. Hai explained that the Sustainable Lexington Committee voted unanimously not to support the delay and to support the original deadline. They also discussed whether there could be a way to create a mechanism to take into account the effect of somebody having made a good faith effort. Mr. Sandeen stated he appreciated and had reviewed the 20+ pages of information provided in the Select Board packet and that there are now electric leaf blowers available that have a performance capability exceeding the performance of the most popular commercial backpack leaf blowers. The electric leaf blowers listed in the packet are all available from multiple sources today. He suggested that there is also a year of time before they will be needed. He supported Sustainable Lexington’s position that the delay should not be placed on the warrant at this time. Mr. Lucente stated that he spoke with several landscapers who have attempted to order equipment and found frustration and difficulty. This also goes for the batteries that are needed to sustain the equipment for the entire day. Their goal is to stay in business for the entire day which ultimately benefits their customers, who are Lexington residents. Mr. Lucente stated that, as a minimum this should be left on the warrant, in order to let the Town’s citizens decide. Mr. Pato stated that he appreciated reading recommendations for adjusting the way leaf collection is done, with approaches that require less force in the leaf blowers to be effective. He is disinclined to extend the deadline but is willing to have Town Meeting make that decision. Ms. Barry asked if the updated information has been shared with the landscaping community. Mr. Malloy stated that he did not believe so. Ms. Barry noted an issue with asking this community to change the way it does business without helping it along the way. However, she stated that she was inclined to leave it on the warrant and let Town Meeting decide. Ms. Hai agreed that the Town-wide referendum showed that much of the Town has a vested interest in this item. She agreed with leaving it on the warrant to allow Town Meeting to decide. Mr. Sandeen stated that he believes, because of the Town-wide referendum, there would need to be extraordinary reasons to bring this back to Town Meeting, as the will of the people has been expressed at a Town-wide level and that will not be the same as at a Town Meeting. Mr. Pato stated that he believes allowing this to be voted on at Town Meeting does not in any way nullify the desire of the community in having voted to uphold the action of Town Meeting. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-1 \[Mr. Sandeen against\] to approve the 2024 Annual Town Meeting Warrant ("with gas leaf blower prohibition delay") and authorize staff to make non-substantive edits as necessary or as recommended by Town Counsel. Ms. Axtell noted that Article 44 will be Indefinitely Postponed (IP’d) by the proponent.  Presentation - ATM 2024 Article 10: Appropriate for the FY2025 Community Preservation Committee Operating Budget and CPA Projects Mr. Lucente asked for more information regarding Article 10E - Park Improvements – Hard Court Surfaces – Valley Rd. Ms. Battite explained that the resurfacing of these courts took place in 2021. The courts were last fully reconstructed in 2009/2010. Typically, a resurfacing would last longer, but in this case, it did not. There is a one-year warranty for resurfacing, but the timeline is correct for reconstruction.  Presentation - ATM 2024 Article 34: Amend General Bylaws - Tree Bylaw - Tree Protection Plan Ms. Barry asked about enforcement as far as mitigation or tree replacements when trees fail. Nancy Sofen, Tree Committee Member, explained that this is required of the property owner and a common item in many bylaws. This is difficult to enforce but hopefully gives some notice to owners. Ms. Barry expressed concern regarding the wording that if any work is being performed contrary to any applicable tree protection plan or any provision of this chapter, such work shall be immediately stopped by the Building Inspector. Mr. Pinsonneault agreed that Town Counsel may be suggesting amending this language in include the Tree Warden instead. Ms. Barry asked what impact this Article would have on Staff. Mr. Malloy explained that this is part of the discussion regarding adding an additional Staff person in the Assistant Superintendent’s role. This otherwise will not add an undue burden on Staff.  Presentation - ATM 2024 Article 35: Amend General Bylaws - Tree Bylaw - Require Mitigation Planting in Certain Instances Ms. Barry asked if there is any requirement for size of tree that gets planted. Mr. Pinsonneault explained that the requirement, as it stands in the bylaw, is a 3” tree to be used for replanting, and that would remain the same. This is directing that more of those trees be planted on the property. Ms. Barry asked about the monetary credit mentioned in this Article. It was explained that the monetary credit was meant to evoke the same credit for mitigation tree planting anywhere else on the property. The owner has to pay a certain amount into the Tree Fund and, as trees are planted, the owner gets credit towards that mitigation payment. This is not a credit above and beyond what is already required to be paid.  Presentation - ATM 2024 Article 36: Amend General Bylaws - Tree Bylaw - Exemptions In response to a question from Ms. Barry, Ms. Sofen explained that the definition of hazard within this section comes from The International Society of Arborists. Ms. Barry suggested this information be included.  Presentation - ATM 2024 Article 37: Importance of Trees Resolution (Citizen Petition) Ms. Barry asked about the goals and metrics discussed in this Article. Mr. Wyman stated that one of these items is the creation of an Urban Forest Master Plan sometime in the next couple of years. It is hoped that the departments can then set metrics to achieve the goals of the plan. The already approved Climate Action Plan also includes some general goals. Ms. Barry asked if this Article would require any additional burden on Staff. Mr. Malloy stated that he does not believe so. Mr. Lucente asked if there is a cost associated with creating a Master Plan and to then implement it. Mr. Pinsonneault stated that the Master Plan will likely cost approximately $50,000-$70,000 to create. Grant funding is being sought through the State for this item. Implementation costs will depend on what is within the plan. The Plan would be used at a tool for future budget planning.  Select Board Article Presenters, Discussion and Positions The Board agreed that it would discuss this at a future meeting. DOCUMENTS: Art 10 CPA presentation, Art 34 with Draft motion, Art 34 Tree protection slides, Art 35 with draft motion, Art 35 mitigation planting slides, Article 36 and draft motion, Art 36Amend generalbylaw-trees-exemption slides, Art 37 motion importance of trees, Art 37 Importantance of trees resolution slides, Moderator Request Letter, 2024ATM Warrant with Noise section B, 2024ATM Warrant without Noise section B 5. Discuss FY2025 Town Manager's Preliminary Budget & Financial Planning Mr. Malloy stated that the proposed budget is balanced and there is just under $290M in the General Fund. He reviewed of all of the unexpended balances and trends over the past couple of years, in order to make a number of suggested budget cuts. This amount, combined with using some ARPA funds for mostly one-time expenditures, a bit more than half of what was requested by the PIR should be able to be funded. Ms. Kosnoff explained that Staff is projecting $289.6M worth of revenue and an equal amount of expenses for FY25. Compared to FY24, this is a total increase of $10.5M dollars or 3.78%. Compared to the last summit in November, the total revenue projection is just slightly higher at approximately $347,000 more. Staff made a few increases in available funds. Overall, both the school and municipal expense budgets are proposed to go up by 4.3%. The municipal budget does reflect a lot of contract settlements, particularly for the Fire Department. FY25 is also a heavy year for elections, leading to an increase in the Town Clerk’s budget. The revenue allocation did not originally leave the municipal side any room for Program Improvement Requests. Through a rigorous exercise, $441,000 of PIRS were able to be funded in the general fund, including four positions. There is also a request that $651,000 of general fund request come from ARPA. A few PIRs are also proposed to be funded out of the Water and Sewer Enterprise. This budget also proposes $49M of capital projects, with the largest one being $10M worth of design funds for the Lexington High School project. Staff also recommends $4M be set aside from the Tax Levy into the Capital Stabilization Fund and $2M recommended to go into the OPEB Fund. $1M is also currently set aside for Free Cash and $850,000 set aside into the Reserve Fund for emergency purposes. Health Insurance was originally projected at 8%, but guidance was received from the GIC that the Town should plan on 9.6%. Mr. Lucente expressed concern with expanding the food waste collection program in terms of adding more customers and filling the gaps in the program. Mr. Sandeen stated that he is comfortable supporting the ARPA funding for composting, knowing that it will likely be moved into the FY26 budget. There will likely also be a reduction in trash hauling fees, due to the amount of composting. Mr. Sandeen asked about the upcoming bond interest rates. Ms. Kosnoff stated that there are currently around 3%. In response to a question from Mr. Sandeen, Ms. Kosnoff explained that, for FY25, a 15% match is proposed for CPA funds. Ms. McKenna expressed concern regarding the use of ARPA funds for expanding a program that is not directly related to economic development. She noted that she received several calls from residents very concerned that the Visitor Center is closed during the month of January. She stated that the Town would be far better served this year, rather than expanding a program that does not support the entire community, in developing an economic opportunity to have funding for the Visitor Center, so it can help increase the revenues for other programs. Mr. Malloy noted that the majority of earmarked ARPA funds by far have been to economic stimulus and resiliency. Ms. Hai asked about the proposed decrease in the Human Services budget, due to an expectation of a grant amount. She asked how this will be worked around if the grant is not received or after the grant runs out. Ms. Kosnoff noted that the Town did receive an FY25 operating grant to support the Lexpress operations for $200,000. Thus, $200,000 of the Lexpress budget was diverted out of the general fund. If the grant were not to materialize again in future years, this amount would need to be made up for that in the general fund. The Lexpress contract is up at the end of FY25. Within the next six to nine months, the Town needs to go out for a new contract with Lexpress and determine what the program will look like. The Board agreed to discuss this item further at the Summit on Thursday. DOCUMENTS: FY2025 White Book - Program Summary, FY2025 Program Improvement Summary, FY2025 Preliminary Budget & Financing Plan (White Book) 6. Review and Approve Location of Lex250 Monument at Belfry Hill, Clarke Street The Board reviewed the proposed location of the monument at the Belfry site. Ms. Barry explained that there are two potential locations identified as (1) and (2) that were included in the Call for Artists, based on discussions with the Lex250 Project Advisors and DPW. The final site will be one of these two sites, depending on the artist's design. Mr. Malloy recommended approving both sites as a potential site for the monument. Ms. McKenna stated that she believes this should be placed to the right of the Lafayette Memorial, in order not to compete with the Minuteman Statue and possibly help define the park area. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve sites (1) and (2) as shown on the proposed plan. DOCUMENTS: Monument Location Plan ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 8:42 p.m. A true record; Attest: Kristan Patenaude Recording Secretary