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HomeMy WebLinkAbout2024-02-05 SB-min Select Board Meeting February 5, 2024 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, February 5, 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. Katzenback, Executive Clerk; and Ms. Axtell, Deputy Town Manager. The meeting was called to order at 6:30pm. PUBLIC COMMENTS Ms. Sawhney recognized the tragedy that recently befell an Indian American member of Town and asked how they could best be supported. Mr. Malloy directed Ms. Sawhney to the Human Services Department. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Hai stated that the Lexington Lyceum-sponsored Community Conversation Series, covering affordable housing, was held last Tuesday evening. Friday, the League of Women Voters, also had a session on getting to Net Zero. Tomorrow morning's MAGIC meeting will include discussion about region-wide projects. th Ms. Barry stated that she recently attended the quarterly Rev 250 meeting. On Tuesday night, there was th a community meeting at the Community Center that was very well attended. The 250 Commission has been considering a permanent memorial at Belfry Park. The call to artists deadline was last week, and there were 36 applications, including international submissions as well. These have been narrowed down to five semifinalists who will now go through concept development. There will be a community meeting regarding this in early March. Mr. Sandeen noted that many residents have been noticing that their electricity bills had changed from December to January. The Town's Community Choice supplier has changed, and some residents have mentioned that they were not shifted to the new Community Choice supplier. Mr. Sandeen suggested that residents should double check their electricity bills to ensure that they are still enrolled in the Town’s Community Choice program which has a lower rate than the utility’s basic service rate. Mr. Pato gave a brief report on the School Building Committee progress. The Town is currently in the feasibility stage, which has architects working on whether or not it will be a replacement, renovation, or an in-place code-compliant set of changes. Every household in Town will be receiving a postcard in the mail in the next few weeks with information about public events, as well as the reference to the website th for the project. The third community forum will occur on March 6 in the Cary Memorial Building. The expectation is to have a Town Meeting appropriation and town-wide debt exclusion vote for funding the project in the fall/winter of 2025. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy stated that Kate DeAngelis, Recreation Department, was named one of the 30 Under 30 in the country by the National Recreation and Park Association. Also, David Pinsonneault, DPW Director, was awarded the Gill Founder's Award from the Sports Field Management Association based on his lifelong achievements. Mr. Malloy also noted that the Town is getting a kickstart grant to look at a network geothermal project. He also suggested that the Board consider a committee or task force to examine historic preservation and sustainability/energy efficiency items. DOCUMENTS: Weekly Update 1-26-24, Weekly Update 2-2-24 CONSENT AGENDA 1. Approve Select Board Committee Appointment  Greenways Corridor Committee Non-Voting Member - Susan Kenyon To appoint Susan Kenyon to the Greenways Corridor Committee as a non-voting member for a three-year term ending on September 30, 2026. DOCUMENTS: 2024 Greenways Corridor Committee Non-Voting Member Application - S. Kenyon 2. Sign Warrant for Presidential Primary To sign the warrant for the Presidential Primary to be held on Tuesday, March 5, 2024. DOCUMENTS: Warrant for March 5, 2024 Presidential Primary 3. Approve Select Board Meeting Minutes - January 17, 2024 Select Board To approve and release the January 17, 2024 Select Board meeting minutes. DOCUMENTS: DRAFT 01172024 Select Board minutes 4. Application: One-Day Liquor License – Lexington Community Media Center, Inc. d/b/a LexMedia, Lexington Depot Building, 13 Depot Square To approve a One-Day Liquor License for Lexington Community Media Center, Inc. d/b/a LexMedia to serve beer and wine at the Lexington Depot Building, 13 Depot Square, for the purpose of their Annual Meeting on Thursday, February 15, 2024 from 6:00pm to 10:00pm. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Application: Common Victualler License - Mothership Alewife LLC d/b/a Revival Café + Kitchen, 1729 Massachusetts Avenue Mr. Pato explained that the Select Board is being asked to approve a request for a Common Victualler License for Mothership Alewife LLC d/b/a Revival Café + Kitchen, 1729 Massachusetts Avenue, for the hours of 7:00am-7:00pm Sunday through Saturday for seating in a new, café-style eating establishment. The applicant has worked with the Department of Public Health, Building Department and Zoning Department for their respective required permits and inspections. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a Common Victualler License for Mothership Alewife LLC d/b/a Revival Café + Kitchen, 1729 Massachusetts Avenue, for the hours of 7:00am to 7:00pm Sunday through Saturday. DOCUMENTS: Revival Café + Kitchen Site Plan with Seating 2. Approve Expenditure of Funds for Gift of Cash Received by Fire Department Mr. Pato explained that a local family has generously offered to donate $10,000 to the Fire Department for early detection of cancer. The plan for the use of the funds is to apply $500 (through reimbursement) for each of the most senior 20 firefighters to offset a portion of the cost of a Galleri Test (the cost of the test is $649, with each firefighter contributing $149). Under MGL Ch. 44, §53A, the individual department head is authorized to accept the gift but can only expend funds from the gift upon approval by the Select Board regarding the purpose of the gift. The Board thanked the donor for the generous donation. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the use of the gift funds donated anonymously to the Fire Department for the purpose of screening for early detection of cancer as proposed. DOCUMENTS: MGL44,Sec.53A 3. Vote to Lay Out Tucker Avenue as a Public Way Mr. Pato explained that the Board previously was presented the plan to accept the remainder of Tucker Avenue as a public way and this will be on the 2024 Annual Town Meeting warrant. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to layout Tucker Avenue as a public way and recommend acceptance be scheduled for the 2024 Annual Town Meeting. DOCUMENTS: Tucker Way Layout 4. Review American Rescue Plan Act (ARPA) Requests for Fourth Quarter of 2023 th Mr. Malloy reviewed the proposed ARPA requests for the 4 quarter of 2023 for the Board’s consideration. Additionally, there are several previous approvals that have been completed, expended, or are no longer necessary, which will be closed out as follows: 43212 Lex Retailer’s Association Events $1,097 43222 Participatory Budgeting $85,000 43211 Develop Proposal for AHT $20,000 43217 SPRD Consultant $765 43229 Fire Pumper Overage $76 Total: $106,938 The total reflected above does not require any action of the Board. With these items being closed out, the revised ARPA balance is $593,526 if the Board approves all of the current requests. Mr. Lucente stated that the Board’s initial intent with the ARPA money was for it to be used for COVID relief/economic stimulus. These requests seem to be pushing in a different direction. He expressed concern regarding the amount of funding that will be needed for the 250th event. This is likely to be the largest economic stimulus opportunity in the last 50 years for Lexington. Mr. Pato stated that, as the Board is approaching the end of the opportunity period for ARPA funds, it seems to be relaxing its guidance a bit on how to spend the money. While most of these requests are still tangentially connected to the original goals, they are items that may have been more difficult s to allocate th the ARPA funds toward a year and a half ago. While he echoed the concerns raised about the 250 event, he also noted that there will still be approximately $593,000 of ARPA funding available, if the Board approves the current requests. Mr. Sandeen stated that he would like to prioritize the ARPA funds for economic stimulus. The Board has been clear that it should not use ARPA funds for normal operating budget expenses, which many of these current requests seem to be, though all of them are great projects. Mr. Pato agreed that many of these items are PIRs that did not make it into the budget. If the Board would like to see these items occur within a certain timeframe, ARPA funding may be needed. Ms. Barry asked about the meeting room technology funding available. Mr. Malloy stated that he believes there is enough funding available. Ms. Hai stated that she believes there are other items for ARPA funding that would better implement the stated goals. Mr. Sandeen expressed concern regarding the $120,000 requested for a Police and Fire staffing needs study. He suggested an RFP process to determine the scope of what is needed for this item or completing this item internally. Ms. Hai suggested spending the funds on a one-year Management Analyst role in order to complete this and similar items. Mr. Malloy explained that this is a complex study, and the Center for Public Safety Management is an analyst with the needed experience. Tom Shiple, 18 Phinney Road, suggested that the Police and Fire staffing needs study RFP contain information regarding how social workers can be integrated into public safety. It would also be nice for the study to contain a long-range study of how crime and public safety statistics have changed over the decades in Lexington. Finally, he would like the RFP to include a couple of open community meetings, one to gather input and a to present a draft report and get feedback from the public. Dawn McKenna, 9 Hancock Street, noted that the question this evening is not whether these projects are worthy. The question is whether using ARPA funds is most appropriate for them. Some of this funding should go to the Visitor Center. The Board has not invested in this internal business that has opportunities for long term economic development. The Visitor Center has staffing and inventory needs in order to prepare for moving forward. Valerie Overton, 25 Emerson Gardens, stated that she would like the Board to consider what the evolving needs for different kinds of public health safety staff might look like in the future. She stated that she hopes the RFP would include consideration of racial equity and other forms of equity and inclusion considerations in terms of the kind of mixes of staffing required moving forward. Mr. Lucente stated that he is unclear if the Visitor Center has been given the support it needs. Some of the other items requested this evening could be delayed until more information is available. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the following requests to be funded by ARPA: Funding Request Amount Electric Vehicle Fire Nozzle $6,547 Fire Hose $51,216 Radios $69,354 Hartwell Ave Compost Site Water Main Extension $75,000 Health/Safety Equipment for Aquatics and Summer Staff $18,320 Code Blue Tower/Call Box $23,000 Expanded Food Waste Program $396,000 Vehicle $50,000 ADA Town Building Self Evaluation and Transition Plan $75,000 DOCUMENTS: ARPA Worksheet 2-5-24 5. FY2025 Fee Schedule for Recreation & Community Programs Melissa Battite, Director of Recreation & Community Programs, reviewed the programs and services, and the fees associated with them. She explained that this year there are requested increases in the following core service areas: aquatics and golf, tennis and pickleball, camps and clinics, adult programs and leagues, youth leagues, the Community Center, and outdoor recreation facilities. All of the increases have a total yield of approximately $64,000 in anticipated additional revenue. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the 2024 Recreation Fees as presented. DOCUMENTS: 2024 Fee Memo 6. 2024 Annual Town Meeting  Presentation - ATM 2024 Article 24: Appropriate Funding for Semiquincentennial Commission Mr. Malloy explained that Staff met and considered a budget for the 250th celebration based on the $500,000 of ARPA funds, and the proposed $500,000 of funding from this Annual Town Meeting. The group identified $449,936 of items to be funded with the ARPA funding and $563,092 to be funded with Annual Town Meeting funding. These are not set items, but instead this was considered as a budgeting process. Ms. Barry explained that public safety is driving most of the budgeting for the event. The Semiquincentennial Commission will need to sharpen its pencils and consider fundraising for the event. Ms. Hai asked about funding from the State. Ms. Barry explained that approximately $39,000 of a $50,000 earmark from the State was used. Of an additional $200,000 earmark, only $100,000 was able to be used for the celebration. The State approved two different tranches of $1M to go towards the 250th celebration which is currently with the Massachusetts Office of Travel and Tourism. This will likely not trickle down to the cities and towns that are typically involved in this event along the Battle Road from Boston to Concord. It will also not go to the regional Convention and Visitor Bureaus (CVBs), which would distribute it to towns in their communities.  Presentation - ATM 2024 Article 33: Authorize the Select Board to Seek Affordable Housing Elaine Tung, Chair of the Affordable Housing Trust, updated the Board on Article 33. Daniela Lang, 2 Opi Circle, expressed concern with the size of what has been proposed. At a recent neighborhood meeting, it was shared that the proposal included up to 51 two- and three-bedroom units, which is very large for this area. This would impact the nearby school district, traffic system, and existing ecosystem. She would like to see a wider spread affordable housing development versus a larger scale single development to ensure that all those who live in affordable housing will truly feel welcomed, included, and immersed across the entire Lexington community. Barbara Katzenberg, 37 Moon Hill Road, stated that she is excited about this project. It is in line with the comprehensive plan to provide a range of housing options. This land is well suited for this project. She asked the Board to consider building a sidewalk between this intersection and the nearby shopping center and protecting nearby wetlands. Pamela Lyons, 51 Grant Street, urged the Board to not adopt the Affordable Housing Trust’s suggestion, and instead actively pursue affordable housing on the Depot Square parking lot. This proposal would build housing where there are existing mass transit options. Jay Luker, 26 Rindge Avenue, stated that he believes affordable housing should be pursued both through the proposed project from the Affordable Housing Trust and in the Center. The proposed piece of land does not have good transit access, but this could change in the future. There is a large group of stakeholders in this project, those who do not yet currently live in Town, that would be in support of this project. Yugi Koga, 550 Lowell Street, expressed concern regarding traffic in the area of the proposed location. He also expressed concern regarding exhaust fumes due to idling vehicles. Building affordable-only housing alongside the Burlington and Woburn lines means that he closest shopping, playgrounds, and other town facilities will not be in Lexington. He noted that he lives 15 seconds away from the proposed project area and was never contacted regarding the proposal. Wendy Manz, 3 Captain Parker Arms, speaking on behalf of the Housing Partnership Board, expressed the group’s strong support of Warrant Article 33. Approval of this Article will allow for the issuance of an RFP to private affordable housing developers to submit proposals for the creation of units of affordable housing on this site. Such proposals must take into consideration the available developable land, the terrain and vegetation, the provision of Town services, and planning for any increase in traffic and use of public transportation. Nico Gallinelli, 1 Opi Circle, stated that he has lived at his current address for his entire life. He has never been able to ride his bike or walk to the two nearby schools. Building in this neighborhood will not allow new residents to feel a part of the Lexington community. They will go to Burlington or Woburn, as he always has instead. He urged the Board to find a better location for this project.  Select Board Article Presenters, Discussion and Positions Ms. Axtell explained that there will be two information nights, on March 12, 2024 and March 14, 2024. March 12, 2024 will be in-person at the Lexington High School science hall and March 14, 2024 will be virtual. The Select Board discussed its presenters for 2024 Annual Town Meeting. DOCUMENTS: Article 33 affordable housing motion, Article 33 affordable housing slides, Article 24 semiquincentennial motion, Working Document - Select Board Positions 2024ATM 7. Preliminary Review of Goal Setting Meeting Report Mr. Pato explained that during the fall of 2023, the Board engaged Jon Wortmann to interview Staff and Town Committees to gather input for the upcoming two-year goal setting. The Board met on October 11, 2023, to review these aspirations and identified the Board’s top priorities. Each goal was assigned to one member of the Board with a second member volunteering on some to assist as needed. During November and December, Board members worked with Mr. Wortmann to identify measurable actions against those goals. The Board reviewed the collected goal set and proposed actions. Final review and adoption is th expected at the Board's meeting on February 12. DOCUMENTS: Draft-FY2024-25 Select Board Goals Ms. Barry recused herself from the Executive Session and exited the meeting at 9:16pm. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining - Cary Memorial Library Staff Association (Local 4928, MLSA, AFT-Mass, AFL-CIO) VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 at 9:17pm that the Board go into Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining - 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. ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 from the Executive Session to adjourn both the Executive Session and Regular Meeting at 9:30 p.m. A true record; Attest: Kristan Patenaude Recording Secretary