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HomeMy WebLinkAbout2024-03-11 SB-min Select Board Meeting March 11, 2024 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, March 11, 2024, via a hybrid meeting platform. Mr. Pato, Chair; Ms. Barry, Mr. Lucente, Ms. Hai and Mr. Sandeen, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 6: To Consider the Purchase of Real Property VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 6:00pm that the Board go into Executive Session under Exemption 6: To Consider Purchase of Real Property. Further, Mr. Pato declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. The Select Board exited Executive Session at 6:15pm, took a brief recess and reconvened to open session at 6:32pm PUBLIC COMMENTS Dawn McKenna, 9 Hancock Street, asked that the Board remove the meeting minutes of February 12, 2024, from the Consent Agenda, as all of the information related to comments made by her and her husband during the meeting were not included. She asked to be able to work with the Select Board Office and Mr. Pato to make edits to the minutes prior to the next meeting. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Hai explained that the Transportation Advisory Committee is meeting simultaneously with the Board. One of the items they are discussing tonight is the data to date on Lexpress sales. Since changing to the $20 unlimited pass, the goal to beat was 285 passes and 644 total passes have been sold. The age split between seniors, youth, and general is almost exactly third. This is encouraging news. Ms. Barry noted that on Wednesday night at 5:30pm, there will be a community meeting in Estabrook th Hall in the Cary Memorial Building. The 250 Commission has been exploring the possibility of th installing a permanent memorial in recognition of the 250 anniversary of the Battle of Lexington. An anonymous donor came forward with a significant amount of money towards that endeavor. The Committee conducted an international call to artists for the project. 35 people applied, and the concepts of the final four semifinalists will be unveiled on Wednesday evening. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy updated the Board on the Town’s subsidized housing inventory. The number of affordable housing units in Town recently increased by 13, leading to a total of 1,354 units out of 12,252 housing units in Town, or 11.5%. Mr. Malloy also noted that the Town’s FY25 Chapter 90 funds came in approximately $965,000. Mr. Malloy stated that, after 37 years as a town, county, and village manager, he has decided to retire from the Town of Lexington at the end of his current term, September 30, 2024. The Board thanked Mr. Malloy for his service and congratulated him on his exemplary career. DOCUMENTS: Weekly Update 3-1-24, Weekly Update 3-8-24, CONSENT AGENDA The Board agreed to remove Item #5 from the Consent Agenda for further review. 1. Approve and Sign Water and Sewer Commitments To approve and sign the following attached Water and Sewer Commitments:  Cycle 9 Billing December 2023 $ 302,399.47 DOCUMENTS: 3-11-23 Cycle 9 billing 2. Approve and Sign Proclamations  Autism Awareness and Acceptance Month  National Public Health Week  National Library Week  National Public Safety Telecommunicators Week  Arbor Day To approve and sign proclamations to annually recognize the month of April as Autism Awareness and Acceptance Month and to commemorate National Public Health Week from April 1, 2024 to April 7, 2024; National Library Week from April 7, 2024 to April 13, 2024; National Public Safety Telecommunicators Week from April 14, 2024 to April 20, 2024 and Arbor Day on Friday, April 26, 2024. DOCUMENTS: 2024AutismAwareness and Acceptance Month Proclamation, 2024 National Public Health Week Proclamation, 2024 National Library Week Proclamation, 2024 National Public Safety Telecommunicators Week Proclamation, 2024 Arbor Day Proclamation 3. Approve Select Board Appointment of Town Counsel - Anderson & Kreiger LLP To appoint Anderson & Kreiger LLP as Town Counsel for the Town of Lexington, with Mina S. Makarious serving as Town Counsel, for a one-year term to expire March 31, 2025. 4. Approve Select Board Committee Reappointment - Board of Registrars - Mark Vitunic To reappoint Mark Vitunic to the Board of Registrars for a three-year term set to expire on March 31, 2027. DOCUMENTS: 2024 Board of Registrars Reappointment Nomination - Lexington Republican Town Committee 5. Approve Select Board Meeting Minutes  February 12, 2024 Select Board This item was removed from the Consent Agenda. DOCUMENTS: DRAFT 02122024 Select Board Minutes 6. Application: One-Day Liquor License – Lexington Friends of the Arts d/b/a Munroe Center for the Arts, 1403 Massachusetts Avenue  Artist Meet Up To approve a One-Day Liquor License for the Lexington Friends of the Arts d/b/a Munroe Center for the Arts for the purpose of serving wine in the Art Room on the middle floor of the Munroe Center for the Arts Building, 1403 Massachusetts Avenue for the purpose of an Artist Meet Up on Thursday, April 25, 2024 from 6:30pm to 8:30pm. DOCUMENTS: Munroe Center for the Arts Event Location Map VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda, with the exception of Item #5. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discuss Request for Proposal (RFP) Conditions for 2024 Annual Town Meeting  Article 33: Authorize the Select Board to Seek Affordable Housing The Board discussed Request for Proposal (RFP) conditions for ATM 2024 Article 33: Authorize the Select Board to Seek Affordable Housing. Mr. Sandeen explained that the Affordable Housing Trust has been conducting a number of public information sessions and community outreach sessions, in an attempt to understand what considerations should be taken in moving forward with Warrant Article 33. The trust has recommended that the motion be changed in the Warrant Article to reference 100% affordable housing, with a 60% average area median income as a qualification based on a mixture of incomes ranging from 30%-80% and to include a mix of one-, two- and three-bedroom apartments. Mr. Sandeen suggested that the Board discuss these items. Some neighbors have expressed concern that the architecture may not reflect or be compatible with the existing architecture of their neighborhood and he would like the Board to comment on this item as well. The Affordable Housing Trust is recommending a requirement in any RFP that the selected developer has a track record of conducting public information sessions and that the selected developer agree to conduct at least two additional public information sessions for the Town. Mr. Pato noted that he has heard some concern regarding if the successful bid pauses and progress and asked if there is a way to enforce execution of the contract. Mr. Malloy stated that he spoke with Town Counsel regarding including a reversion clause in the RFP itself, allowing for the property to revert to the Town’s control after a certain timeframe. Board members expressed support for all of the recommendations made by the Affordable Housing Trust and outlined by Mr. Sandeen. The Board also discussed the proposed building design and aesthetic recommendations. Mark Lang, 2 Opi Circle, stated that he has not heard anyone speak of doing diligence on this property and determining how many units will be supported by the site. He is disappointed that this vote is being rushed without proper due diligence. He does not believe an RFP should be put out until a study is completed on the property. This type of a housing development should be placed near an MBTA station. Tom Shiple, 18 Phinney Road, stated that, regarding the suggestion of limiting the height to 2 ½ stories on this property, he would like to see the RFP be consistent with the current zoning and instead see a 40’ height limitation. Allowing for a bit more in height will minimize the footprint and decrease the impervious surface on the site. Jay Luker, 26 Rindge Avenue, stated that he is in support of Warrant Article 33. He asked about the limits of the proposed public input and what this could accomplish. DOCUMENTS: AHT Email to Appropriation Committee - Article 33 2. Application: Common Victualler License - Tatte Holdings LLC d/b/a Tatte Bakery & Café, 1777 Massachusetts Avenue Mr. Pato explained that the Board is being asked to approve a request for a Common Victualler License for Tatte Holdings LLC d/b/a Tatte Bakery & Café, 1777 Massachusetts Avenue, for the hours of 7:00am to 8:00pm 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 Tatte Holdings LLC d/b/a Tatte Bakery & Café, 1777 Massachusetts Avenue, for the hours of 7:00am to 8:00pm Sunday through Saturday. DOCUMENTS: Tatte Bakery & Café Site Plan with Seating 3. Presentation - Cary Memorial Library Project Construction Documents to Bidding Phase - The Children's Room Renovation Mike Cronin, Director of Public Facilities, explained that, as per the Integrated Building Design and Construction Policy, at the end of each phase, the project is brought to the Board for approval in advance of the next phase. The project is currently at the end of the construction documents phase. The proposal is to move into the bidding and construction phase, pending a positive affirmation from the Board. Stew Roberts, Johnson Roberts Associates, Inc., presented the construction plans to the Board. He explained that the total project cost is $6,271,800. The Library is committed to contributing $1.5M, there was a previous appropriation of $100,000 for some of the initial design fees, and there was a previous appropriation for mechanical systems of $671,800. There is a current balance of funding of $4M. Construction is anticipated to begin in July and completed by June 2025. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the design plans for the library renovation as attached and dated March 2024. DOCUMENTS: Presentation 4. Review and Approve Transportation Safety Group Recommendation for Amendment to §192 Traffic Rules and Orders  §192-10 Schedule 7 Traffic Signs and Signals o Stop Sign on Anthony Road at Lillian Road Sheila Page, Assistant Planning Director, explained that last fall a request was received to add a stop on Anthony Road at Lillian Road as drivers on Anthony Road were rolling through or cutting the corner. The Transportation Safety Group reviewed the proposal with the neighbors and are recommending the stop sign with a bar. Ms. Barry suggested squaring up the intersection in order to better support the proposed stop sign. VOTE: Upon a motion duly made and seconded, 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 by adding the following to: § 192-10 SCHEDULE 7: STOP SIGNS AND YIELD SIGNS Street Location Regulation Anthony Road at Lillian Road Stop DOCUMENTS: Presentation, Memorandum, Vote 6. Request to Approve Plaque on Base of Tree on Buckman Tavern Grounds in Commemoration of the Semiquincentennial – The Board addressed this item at this time. Cindy Woolworth, Treasurer of Lexington Chapter of Daughters of the American Revolution, explained that the Lexington Chapter of the Daughters of the American Revolution planted a tree at the rear of Buckman Tavern on Arbor Day, April 28, 2023, for the commemoration of the upcoming Semiquincentennial celebration (Lex250). The group is now seeking approval to install a bronze plaque at the base of the tree on a beveled slab of granite, approximately 8”x14”. The Lexington DAR has spoken with the Department of Public Works, the Historic Districts Commission, the Commission on Disability, the Tourism Committee, the Lexington Historical Society, and the Monuments and Memorials Committee and obtained necessary approvals and/or favorable responses. Dawn McKenna, 9 Hancock Street, stated that she supports this effort. She noted that, with this precedent, people will be coming to the board and DPW regarding other opportunities for trees. She reminded the Board that, as part of the Battle Green Master Plan, trees are not to be planted in this area and are not supposed to be named in this area unless they have a direct connection to the Revolution. While this item is appropriate, it is important to keep this in mind. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the request from the Lexington Daughters of the American Revolution to place a plaque, as proposed, at the base of the Lex250 commemorative tree located at the rear of Buckman Tavern. DOCUMENTS: Monuments and Memorials Committee Recommendation Report The Board took a five-minute recess. 5. 2024 Annual Town Meeting  Select Board Article Discussion and Positions The Board discussed Mr. Lucente’s previous comments regarding Article 45 – Indigenous Peoples Day. Mr. Lucente explained that he would like to craft a memo on this topic for the Board’s review at the next meeting. The Board had a discussion regarding Article 29. Dave Pinsonneault, Public Works Director, explained that the problem is the number of electric blowers, batteries, and chargers that would need to be purchased. The supply chain issue is the main concern for the Department. Ms. Barry and Ms. Hai stated that they are ‘yeses’ on Article 29a Amend the General Bylaw- Noise Control Construction Noise. Mr. Lucente noted that he is a ‘yes’ on Article 25 Pine Meadows Clubhouse Renovation. Ms. Barry stated that she is a ‘yes’ on Article 51 Amend Zoning Bylaw – Maximum Height For Village Overlay District. DOCUMENTS: 2024 Consent Agenda, Select Board Working Document - Positions 2024ATM 7. Update on Participatory Budget Projects Mr. Malloy explained that the Board approved four projects as part of the Participatory Budgeting Program, which included:  RRFB's at Crosswalks on the Bike Path - $250,000  Conservation Land Improvements - $100,000  Benches - $70,000  Dog Park - $85,000 Total - $505,000 The Engineering Department has been working on the Rectangular Rapid Flashing Beacons (RRFBs) along the unsignalized intersections of the Minuteman Commuter Bikeway (MMCB). This includes eight roadway and two major driveway crossings. To date, Engineering has contracted TEC, Inc. to design the RRFBs, and created base mapping/existing conditions to locate the RRFB equipment. TEC is currently working on ranking the intersections based on needs for the RRFB. It is anticipated that the allocated funding will not cover all ten crossings. The ranking will be used to prioritize the installation locations. th TEC will provide rankings by March 14, and the Bicycle Advisory Committee will review at their th March 14 meeting. TEC is concurrently working on the design of the RRFB installation locations. The bidding for this project is anticipated this spring, however the construction schedule will be driven by the manufacture and delivery time of the RRFB equipment. Regarding the Conservation Land Improvements, $100,000 was awarded to Conservation for conservation land management activities across Lexington. In turn, Conservation contracted with Parterre for the full amount to conduct meadow preservation and management activities, including invasive species management and native plant restoration on approximately 20 acres including areas at Parker Meadow, Idylwilde, Dunback Meadow, Poor Farm, and Chiesa Conservation Areas. Parterre met with staff and Conservation Stewards in the fall of 2023 and are preparing a necessary Notice of Intent Wetlands Protection permit application to be reviewed by the Conservation Commission in spring 2024. On the ground, field management activities are expected to begin at the appropriate time in summer 2024. Regarding the benches, DPW is obtaining quotes for the bike racks and benches and will purchase and install them in the next few months. Additional picnic tables were ordered and have been delivered. The Dog Park proposal was withdrawn and closed out due to lack of adequate Town property to support a dog park. Dawn McKenna, 9 Hancock Street, asked when the Board will take up approving the proposed RRFB locations. One proposed location is behind her house, and she believes this may be overkill for this intersection. Mr. Pato noted that this should be on a Board agenda within the coming weeks. 8. Approve Expenditure of Funds for Gift of Cash Received for Sewer Line Repairs Mr. Malloy explained there have been two sewer line breaks on Takeda's property and the Town has been working with Takeda on undertaking emergency repairs. As this is on private property, Takeda has agreed to pay the cost for the repairs. The most expeditious manner to manage this transaction is for Takeda to gift the funds to the Town. Takeda recently noted that it would not be able to do this using gift funds because the project has been approved through their organization as a construction repair job. One option may be for the Town to oversee the work and Takeda to pay the contractors directly. Another option may be to have a Special Town Meeting within the Annual Town Meeting to vote on this item. The Board will hear more on this item at a future meeting. DOCUMENTS: MGL44,Sec.53A ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 8:34 p.m. A true record; Attest: Kristan Patenaude Recording Secretary