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HomeMy WebLinkAbout2024-09-23 SB-min SELECT BOARD MEETING September 23, 2024 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, September 23, 2024, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Hai, and Mr. Sandeen, were present, as well as Ms. Kosnoff, Assistant Town Manager for Finance; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Mr. Sandeen stated that the Affordable Housing Trust met earlier today and unanimously recommended that the Select Board move forward with the Parcel 68-44 developer team that they felt clearly submitted the highest rated proposal. The Parcel 68-44 RFP Evaluation Working Group, which was composed of both Town residents and Town Staff, reviewed seven proposals and recommended that four developers be invited to present their proposals at a public session that was held at the Police Station Community th Conference room on Monday, September 16. The Affordable Housing Trust has unanimously recommended that the Select Board move forward with Causeway Development contingent upon approval of appropriate financial due diligence and reference checks. Mr. Sandeen explained that the Board of Health met last week to consider, for informational purposes only, a proposal that has been enacted in other towns called the Nicotine Free Generation. TOWN MANAGER REPORT 1. Town Manager Weekly Update Nothing additional to report at this time. DOCUMENTS: Weekly Update 9-13-24 CONSENT AGENDA 1. Dissolve Ad Hoc Transportation Committee To dissolve the Ad Hoc Transportation Committee. 2. Select Board Committee Reappointments  Board of Appeals - Nyles N Barnert  Board of Appeals Associates: o Scott Cooper o Jeanne Krieger o Patricia Nelson o Kathryn Roy o Thomas Shiple o Jennifer Wilson  Communications Advisory Committee - Smita Desai  Design Advisory Committee: o Ian Adamson o Hema Bhatt o Christopher Johns o Elisa Kim o Timothy Lee o Steven Vincent  Economic Development Advisory Committee - Bridger McGaw  Fence Viewers - David Burns  Housing Partnership Board: o Charles Hornig o Paul Linton o Wendy Manz  Lexington Bicycle Advisory Committee: o Betty Gau o Suzan Chen  Lexington Center Committee: o Thomas Eric Ballard Jr o Richard Brown  Lexington Human Rights Committee: o Courtney Apgar o Christina Lin  Lexington Scholarship and Education Fund Committee: o Julie Hackett o Raquel Leder  Monuments and Memorials Committee - Linda Dixon  Noise Advisory Committee - Sallye Bleiberg  Sustainable Lexington Committee: o Celis Brisbin o Lin Jensen  Tourism Committee: o Margaret E Coppe o Melissa Robbins Clifford o Gardy Desrouleaux o Bebe H Fallick o Pamela H Fowler o Marie-Tristan Rago  Town Report Committee: o Gloria A Amirault o Susan Myerow o Vicky Sax o Karyn Zhao  Transportation Advisory Committee - Kunal P Botla  Tree Committee - Nancy Sofen  Vision for Lexington Committee: o Larry D Freeman o Jill I Hai o Bhumip Khasnabish o Robert D Peters To reappoint the board and committee members as indicated to be effective on October 1, 2024. DOCUMENTS: 2024 September Board Committee Reappointments, Not to be Reappointed 3. Approve and Sign Proclamations – Domestic Violence Awareness Month, Dyslexia Awareness Month  Domestic Violence Awareness Month  Dyslexia Awareness Month To approve and sign a proclamation recognizing the month of October annually as Domestic Violence Awareness Month. To approve and sign a proclamation recognizing the month of October annually as Dyslexia Awareness Month. DOCUMENTS: 2024 Domestic Violence Awareness Month Proclamation, 2024 Dyslexia Awareness Month Proclamation 4. Approve Battle Green Use Request – Historical Society: Children's Reenactment  Wednesday, April 23, 2025, from 10:00am - 2:00pm. To approve the request of the Lexington Historical Society to use the Battle Green on Wednesday, April 23, 2025, from 10:00am to 2:00pm for the purpose of their annual Battle of Lexington Reenactment for children. 5. Approve Battle Green Use Request – Historical Society: Naturalization Ceremony  Tuesday, April 22, 2025, from 11:00am - 2:00pm. To approve the request of the Lexington Historical Society to use the Battle Green on Tuesday, April 22, 2025, from 11:00am to 2:00pm for the purpose of the Naturalization Ceremony. DOCUMENTS: Lexington Historical Society Naturalization Ceremony Request Letter 6. Approve Battle Green Use Request - Charcot-Marie-Tooth Association: Walk & Cycle 4 CMT  Sunday, September 29, 2024, from 9:00am - 10:00am To approve the request of the Charcot-Marie-Tooth Association to use the Battle Green on Sunday, September 29, 2024, from 9:00am to 10:00am for the Walk & Cycle 4 CMT event. DOCUMENTS: 2024_Boston_Walk_and_Cycle_flyer 7. Approve: One-Day Liquor License – Arlington Beer Company, 52 Lowell Street  Harvest Festival - Sunday, October 6, 2024, from 1:00pm - 4:00pm To approve a One-Day Liquor License for Arlington Beer Company to provide a beer garden, 52 Lowell St on October 6, 2024, from 1:00 p.m. to 4:00 p.m. DOCUMENTS: LexFarm_Harvest_Fest Diagram 8. Approve: Sunday Entertainment Permit – Lexington Community Farm, 52 Lowell Street  Harvest Festival - Sunday, October 6, 2024, from 1:00pm - 4:00pm Move to approve a Sunday Entertainment License for Lexington Community Farm for the purpose of providing live music for patrons of the annual 'Harvest Festival' on Sunday, October 6, 2024, from 1:00pm - 4:00pm at 52 Lowell Street. DOCUMENTS: LexFarm_Harvest_Fest Diagram 9. Review and Approve Response to Liquor License Compliance Check Violation Move to approve and authorize the Select Board Chair to sign the letter to be sent to Anukul Biswas, Nicks Wine and Spirits, informing him of the actions to be taken regarding the liquor license violations found during the August 14 compliance check conducted by the Lexington Police Department. DOCUMENTS: 1st Offense Letter - Nicks Wine and Spirits, Select Board Alcohol Enforcement Regulations 10. Water and Sewer Adjustments  Water & Sewer Adjustments: $11,824.67 Move to approve the Consent DOCUMENTS: 9-23-24W/SAdj 11. Request to Amend: One-Day Liquor License - Communities United, Inc., Depot Square  9th Annual Pages of Possibility Gala - October 19, 2024, from 5:00pm - 9:00pm. To approve the amended hours on Communities United, Inc. One-Day Liquor License for their 9th Annual Pages of Possibility Gala to now read October 19, 2024, from 5:00 p.m. to 9:00 p.m. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Town Counsel Discussion on Attorney General Determinations Mina Makarious, Anderson & Kreiger, explained that approximately nine decisions have come out since the beginning of 2023 from the Attorney General's Office involving Lexington, but a good number of them had to do with the fossil fuel bylaws. He reviewed these decisions with the Board. In February 2023, there was a decision, Article 12 of the November 2022 Special Town Meeting, regarding the quorum for the Affordable Housing Trust. The next set deals with the fossil fuel free bylaws. Next, on August 2, 2023, the MBTA Zoning approval for Article 34 of 2023 was passed. This included a decision on Article 38 from the 2023 Town Meeting, including a provision to make it easier to completed minor modifications to special permits, comprehensive permits, and a few other appeals, variances, etc. Regarding changes to the tree bylaw, the AG cautioned that the tree bylaw cannot be applied in a way that would undo some of the benefits of the MBTA zoning. Another Article, passed in November 2023, and approved this May, deals with Planning Board Associate members. DOCUMENTS: AGapprovalLetterArticle#11340, AGLetter#10792, AGLetter#10066 2. Discussion on the Burlington/North Sidewalk Ross Morrow, Assistant Town Engineer; Isabel Clark, Engineering Assistant; and Omar Gomez, Engineering Assistant, discussed the plan to install sidewalks on Burlington Street and North Street. This sidewalk began as a petition through the Transportation Safety Group. The intended purpose is for pedestrian accessibility and safety. This is a narrow street. The overall length is approximately 8,000’, or 1.5 miles. The road pavement in this area is approximately 21’-22’ wide. The topography makes a sidewalk a bit difficult to install and drainage is very limited. Staff counted approximately 100 trees that will have to be removed for this project. Retaining walls and easements onto private property may also be needed. On North Street, there are wetlands close to the roadway and building would likely occur within the buffer. Boardwalks may be considered to reduce impacts. The proposed construction materials would likely be asphalt for the sidewalk and curb, with concrete used for some of the areas of sidewalk, and at pedestrian ramps, or areas with invasive species. A neighborhood meeting will be scheduled and there will be a request at Annual Town Meeting for $400,000 for survey and design funding. Mr. Sandeen suggested considering bicyclist safety along with pedestrian safety for this project. He would like to learn more about where the largest safety concerns are along the proposed area. Connectivity will be a critical aspect of this project. Ms. Hai also asked that a shared path be considered, or if a broken barrier could be considered regarding the runoff issue. She noted that this project seems to be a significant engineering challenge, but she believes it is an important project for the the community. Ms Hai referenced the comparable challenges and cost to execute the Concord Ave sidewalk, successfully completed, and asked that the engineering department be creative in thinking of solutions. Mr. Pato noted that this issue is calling out for a sidewalk. He is concerned about the total cost of the project and the available budget. Mr. Morrow stated that the estimate is approximately $4M. Mr. Lucente asked about protection for pedestrians along the windy sections of road. Mr. Morrow stated that a design consultant will be able to determine how best to use guardrails in this scenario. Sara Bothwell Allen, 158 Burlington Street, thanked the Board and Staff for this presentation. She noted that she has been working to connect with neighbors on this proposal. There are approximately 116 addresses along the entire 1.5-mile stretch, and this year, they have been able to reach 85 individuals at 68 of those addresses. 79 abutters have stated that they would very much like a sidewalk, with 60 agreeing even if the sidewalk is on their side of the street. Four responders have stated that they are not in favor. Tom McLoughlin, 168 Burlington Street, stated that he has been desperate for the sidewalks for a very long time in this area. A lot of cars use this as a cut through. He guessed that people go in excess of 50mph along sections of Burlington Street with nothing to slow them down and nowhere for pedestrians to go. Don Goldmann, 79 North Street, stated that the curve near his house is very tight. His main concern is the safety issue with a false sense of security along the side of the road that the sidewalk is planned. He is in favor of a sidewalk, but the other side of the road may be preferable. Tom Shiple, 18 Phinney Road, asked about measuring the cost benefit for each segment of the proposed sidewalk, knowing that different sections present different challenges and will receive different amounts of use. Dawn McKenna, 9 Hancock Street, stated that she does not believe cost is the issue but the kind of work that is completed can significantly change the atmosphere and aesthetics of a property. There is a balance between not people's property and adding an improvement. Materials matter, especially in context. It will be important not to use asphalt or asphalt curbs. There should be more information regarding the historic walls in this area and these should not be disturbed. Some of the trees may also be historic. Vinita Verma, 3 Graham Road and member of the Appropriations Committee, stated that she believes this sidewalk will provide incredible benefits to the residents of Burlington Street and North Street, especially the elderly, school children, and families. She has heard support for this project and believes it will enhance the life of all residents. DOCUMENTS: Memo, Presentation 3. Discussion on Update Bedford/Hartwell 25% Design Sheila Page, Assistant Planning Director, and Ross Morrow, Assistant Town Engineer, presented an update to the 25% design plans for the Bedford/Hartwell Complete Streets Reconstruction Project. The goal of the project is to design a safe corridor that improves the mobility and accessibility for all transportation users. This will be a mixed-use area, and it is important to make it vibrant. The project study area is all of Hartwell. Staff has been working on concept plans and has been working closely with Mass DOT. The preferred alternative is being honed in on. The first public meeting was back in 2021. This corridor of Bedford Street is fairly narrow for being four lanes. It has substandard lane widths, shoulder widths, and a sidewalk only on one side. The proposal is for two lanes in each direction with a raised median down the middle. There will be a 5’ sidewalk on the north side, but a 10’ shared use path on the south side. To move ahead with this concept as shown would require approximately 15’ easements all the way down across frontages. Hartwell Ave sees congestion at peak hours but has the benefit of an existing wide shared use path on one side. The north section of Hartwell Ave from the Bikeway north is proposed to be four lanes wide, two in each direction, plus a median that will be broken. The south section from Maguire Road towards the Base, is proposed to be one lane in each direction, with left turn lanes in the broken median. The proposal includes a 10’ shared use path on both sides of the road for the full length of the project. th There will be an informational public meeting on October 24 via Zoom with a question and answer th session. An open house will be held on November 19. Mr. Pato asked about the raised median and emergency truck access. Mr. Morrow explained that a mountable median is proposed in the area of the driveways for access. Mr. Pato asked about snow removal for boardwalk areas. Mr. Morrow explained that the boardwalks would be designed to hold plowing equipment, but this does increase maintenance costs. DOCUMENTS: Memo, Presentation 4. Award Sale of Bond Anticipation Notes Carolyn Kosnoff, Assistant Town Manager for Finance, explained that this is an issuance of a small bond anticipation note to cover spending that happened on some capital projects in the late spring and into the summer. On Tuesday, September 17, 2024, the Town sold $1,102,622 of general obligation bond anticipation notes. Given the small size of this issue, the Town did not solicit a rating for this note issue. The note was issued to finance water and sewer capital projects, and the ongoing design work for Lexington High School and infrastructure improvements in the Hartwell/Route 4/225 area. The Town received two bids, with the low bidder being Fidelity Capital Markets whose net interest cost (NIC) of 3.88% included a premium of $1,709.06. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 that: We hereby determine, in accordance with G.L. c. 70B, that the cost of the Lexington High School feasibility study project authorized by vote of the Town passed on April 11, 2022 (Article 2) being financed with proceeds of a portion of the Notes defined below, together with all other bonds and notes of the Town previously issued to pay costs of this project, does not exceed the portion of the total cost of the project that is not being paid by the school facilities grant and we hereby approve the issuance of notes and bonds to finance this project under G.L. c. 70B. And Further: to approve the sale of $1,102,622 4.25 percent General Obligation Bond Anticipation Notes (the “Notes”) of the Town dated September 27, 2024, and payable February 28, 2025, to Fidelity Capital Markets, a Division of National Financial Services LLC. at par and accrued interest, if any, plus a premium of $1,709.06. And Further: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated September 10, 2024, and a final Official Statement dated September 17, 2024, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. And Further: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver a significant events disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Notes for the benefit of the holders of the Notes from time to time. And Further: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Notes and to comply with relevant securities laws. And Further: that any certificates or documents relating to the Notes (collectively, the “Documents”), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a “.pdf” file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. And Further: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. DOCUMENTS: BANSaleResults, BANPurposes, Bond Anticipation Note, No Litigation Statement, Tax Certificate, Significant Events Disclosure 5. Approve and Sign Local Initiative Program (LIP) Application for Local Action Unit for 28 Meriam Street Development Ben Finnegan, Finnegan Development, explained that the 28 Meriam Street development is permitted under the Lexington Local Special Residential Development bylaw. Full development of the 28 Meriam Street development includes ten ownership condominium units in duplex and triplex building styles, and one affordable inclusionary unit. The affordable unit will be regulated as a Local Action Unit by EOHLC and the Town of Lexington, and deed restricted under that program, as with all locally permitted SHI- eligible units. The unit to be restricted in this development is a four-bedroom home, a rarity in the affordable housing inventory and will be very desirable. Larger ownership units appropriate for families are in high demand, as evidenced by a recent resale lottery in mid-August for a three-bedroom unit where there were over 100 inquiries and 30 applications. Ms. Hai noted that the Housing Partnership Board heard a presentation on this item last week and sent a letter recommending approval. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Local Initiative Program (LIP) Application for Local Action Units for the 28 Meriam Street Development and to authorize the Select Board Chair to sign the LIP application. DOCUMENTS: Memo, LIP Application 6. Approve Conduct and Decorum for Public Meetings Policy Mr. Lucente explained that this item will be rescheduled at a future meeting. 7. Water and Sewer Abatement Appeal - 24 Oakland St. Mr. Lucente explained that the Board is being asked by Gina Szymanski to consider an appeal regarding the decision of the Water and Sewer Abatement Board (WSAB) related to 24 Oakland Street. An appeal to the WSAB application was submitted and was taken up at the February 8, 2024, meeting and was denied by the WSAB due to a lack of leak evidence and the absence of continuous usage detected by the Beacon reading software. It was noted that from May 17, 2023, to September 19, 2023, this property exhibited consistent patterns of water usage. The WSAB determined that the issue was due to an irrigation system setting error, rather than a leak. If there were a leak at the property, it would be expected to see continuous or varying usage throughout the day on the hourly view. It is the recommendation of the Water and Sewer Department to the Select Board to uphold the decision of the WSAB. Gina Szymanski, 24 Oakland Street, explained that the ten-year history of water usage for the property was pretty consistent at approximately 200 gallons for the season. Last year this spiked to approximately 450 gallons. They usually pay approximately $1,600 but last year the bill was almost $4,500. She explained that a consistent usage is not seen because the zone valves go on and off and the main valve sensor sends signals to each of the zone valves intermittently. When there is a leak, the zone empties, but st that prevents more water from being called to the main valve. She noted that on May 31, when it was believed the problem was fixed, the system was running from 12am-6am and over 1,800 gallons were being used. Currently the system is being run for five hours, and less than half of that usage is seen. The reason for the leaks is because the roots of the trees are mature enough to create puncture wounds in the underground piping. Thus, a leak abatement was applied for as it took a bit of time to locate the leaks and fix them. Loren Wood, Chairman of the Water and Sewer Abatement Committee, explained that a leak, as explained to the Committee by the Water Department, is usually evidenced by a continuous pattern of usage. The bar chart data is the basis for both the Water and Sewer Department's recommendation and the Committee’s agreement with that recommendation. Mr. Pato stated that there is direct imagery evidence of leaks being repaired on this property. The graph patterns seem to be consistent with a leak occurring after the valve. These two items lead him to believe that this was a leak. If the policy of the Water Department is to grant an abatement when there is a leak, then the Board should grant an abatement. Mr. Wood agreed that this sounds reasonable in conjunction with the presentation from the homeowner. David Pinsonneault stated that he would consult with the Water Sewer Superintendent and the Utility Billing Manager on this item. The Board agreed to table further discussion on this item until additional information is available. DOCUMENTS: G. Szymanski request to Select Board, Memo . V. Walsh Backup regarding WSAB Decision 8. Review Draft Select Board Report for FY24 Annual Town Report Mr. Lucente explained that the Board is being asked review and comment on the draft of Select Board's Report submission for the Fiscal Year 2024 (July 1, 2023 - June 30, 2024) Annual Town Report. It was noted that this item will need to be tabled to a future meeting due to additional information needed. DOCUMENTS: DRAFT_FY2024_SB_AnnualReport 9. Select Board to call Special Town Meeting 2024-1 and review Special Town Meeting 2024-1 DRAFT Warrant  Call for Special Town Meeting 2024-1  Review Draft Warrant Mr. Lucente explained that the Board will call for a 2024 Special Town Meeting (STM 2024-1) to begin on Wednesday, November 13, 2024, at 7:30pm. Paperwork for Citizen Petitions is now available in the Town Clerk's Office. The final warrant will be approved and signed by the Select Board on Monday, October 7, 2024. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to call for Special Town Meeting 2024-1 to begin on Wednesday, November 13, 2024, at 7:30pm. Further, to open the Special Town Meeting 2024-1 Warrant for citizen petitions through Wednesday, October 2, 2024 at 12:00pm. DOCUMENTS: 2024-1 STM Moderator Letter, 2024-1 DRAFT warrant 9.20.24 ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at 9:03pm. A true record; Attest: Kristan Patenaude Recording Secretary