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HomeMy WebLinkAbout2019-02-25 BOS-min Page 1 of 7 SELECTMEN'S MEETING Monday, February 25, 2019 A meeting of the Lexington Board of Selectmen was called to order at 6:45 p.m. on Monday, February 25, 2019 in the Selectmen’s Meeting Room of the Town Office Building. The Board went immediately into Executive Session with a roll call vote of 3-0 under Exemption 6 (Interest in Real Estate) to consider the purchase, exchange, lease or value of real property, Edison Way parking spaces owned by the Historical Society; and, upon exiting, returned to Open Session and called a brief recess until 7:00 p.m. Present were Selectmen Ms. Barry, Chair; Mr. Pato; and Ms. Hai. Also present were Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager; Mr. Hudson, Management Intern; and Ms. Siebert, Recording Secretary. Mr. Lucente was absent. Public Comments Dawn McKenna, 9 Hancock Street, invited the community to an Election Night party 7:30- 10:00 p.m. on Monday, March 4, 2019 at the Depot Building in the Center. Selectmen Concerns and Liaison Reports Ms. Hai:  The Lexington Historical Society held its annual Taverns at Twilight event on Saturday, February 23, 2019 at the Buckman Tavern. Ms. Barry:  The Town’s new Public Information Officer has launched the Town’s first official Twitter account @TownofLexMa Town Manager Report Mr. Malloy:  45 Bedford Street update: During the first week in January, more contaminated soil was found during the demolition process under the footing of the apparatus bay on the site of the permanent Fire Station on Bedford Street. A work plan for how to address the material was sent to the Massachusetts Department of Environmental Protection and on February 20, 2019, the Town received approval from the DEP to move ahead. It is too soon to know whether the delay will cause the project completion date to change. Ms. Barry asked that regular updates on the Fire Station project be provided to the Selectmen.  This Friday, March 1, 2019, the Town Clerk’s Office will remain open until 5:00 p.m. due to the Town Election on Monday, March 4, 2019.  Both the new Planning Director and new Health Director have been hired and will begin work soon. Page 2 of 7  New conduit and poles have been installed for the Center recreation lighting project. The track and field project is out for bid; the project will start on or around June 1, 2019.  A change has been made to the Town website to make it easier to find information about Town government volunteer opportunities. A pdf application form can now be filled out online and all Town committee/board vacancies are listed.  Due to high winds, there are currently 498 Lexington households without power due to high winds.  An Open Meeting Law complaint has been filed with the Town which will be discussed at the Selectmen’s meeting on March 5, 2019. Ms. Barry stated she would be recused from this discussion as it involves the Police Department, where her husband is employed.  A Doodle poll will be created to find a date in April 2019 for QPR Mental Health training for the Board and School Committee. Discovery Day Street Fair 2019 Eric Michelson, President Lexington Retailers Association (LRA), asked the Board to approve th the 40annual Discovery Day Street Fair to be held on Saturday, May 25, 2019 (rain date June 1) with street closures from 6:00 a.m. to 5:00 p.m. in the following areas: Massachusetts Avenue, from Waltham Street to Meriam Street - both sides—and Depot Square; and Muzzey Street, from Massachusetts Avenue to the first private driveway. The Fair would take place from 10:00 a.m. until 3:00 p.m. Permission was requested to park a flatbed trailer in Lexington Center on Massachusetts Avenue in two metered parking spaces in front of Depot Square starting on Friday, May 17, 2019 and ending at the conclusion of Discovery Day. A banner publicizing Discovery Day would be hung on the trailer. Mr. Michelson also asked to hang a banner across Mass Ave, in the same location as the “Vote” banner; and to provide Free parking at the Central Business District parking meters, and not to charge for parking in the Depot Lot on Discovery Day. The LRA would cover the meters with a bag approved by the Parking Management group publicizing the free parking and the event. Four regular parking spaces would be converted to handicapped spaces. A letter of request dated February 5, 2019 has been submitted from the LRA, with a copy given to the Town Managers Office, for use of Emery Park for a concert and for three temporary signs. Mr. Michelson said a request for approval for a "Beer Garden" will be addressed at a later time. Ms. Hai approved of moving the event back to Massachusetts Avenue, where it had been before. She said she would need more information about the Beer Garden, such as if the Police are comfortable with the idea. She also how much parking revenue would be lost by providing free parking and how much police details and DPW staff would cost. Mr. Michelson reported that the LRA pays for police details. DPW will provide trash cans and trash disposal. Enhanced detours signs would be erected. The LRA also provides a sound system and port-a-potties. Mr. Michelson said the loss of parking revenue has not been calculated but free parking has been allowed in the past. Page 3 of 7 Mr. Pato said he is comfortable, in principle, with the idea of a Beer Garden knowing that neighboring communities have done it successfully. He questioned whether wind considerations might make it challenging to hanging a banner across Massachusetts Avenue for a week. Ms. Barry would likely be in favor of a banner spanning Massachusetts Avenue but she noted that other organizations making a similar request have been denied. There is no Town policy for banners other than those that announce elections. Mr. Malloy will research the matter and bring it back to the Board. Ms. Barry said she is open to hearing more about the Beer Garden. Ms. Barry read Mr. Lucente’s written comments into the record: Mr. Lucente strongly supports the proposed changes to Discovery Day, as outlined by Mr. Michelson. He believes moving the Fair back to Massachusetts Avenue will reinvigorate the event. He would support hanging the banner across Massachusetts Avenue if it were limited to the week prior to the event. Dawn McKenna, Tourism Committee Chair, also approved of moving the event back to Massachusetts Avenue but noted that Memorial Day Weekend is the start of the Liberty Ride season. She asked that coordination between the LRA and the Liberty Ride take place to ensure there are no complications. Ms. McKenna noted there is a precedent for a Beer Garden so a process has already been established. Ms. McKenna reported that previous Boards of Selectmen have not allowed non-Town entities to put banners across Massachusetts Avenue but banners have been allowed on light poles. Ms. Barry asked that the LRA notify businesses inside and outside the Center about the event and road closures. Mr. Michelson said the LRA is working with Melisa Tintocalis, Director of Economic Development, to make sure all the appropriate procedures will be followed. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve restriction th of vehicular access in the following areas for the 40annual Discovery Day Street Fair to be held on Saturday, May 25, 2019 (rain date June 1, 2019) from 6:00 a.m. to 5:00 p.m.: Massachusetts Avenue, from Waltham Street to Meriam Street - both sides; Depot Square; Muzzey Street, from Massachusetts Avenue to the first private driveway. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve parking a flatbed trailer in Lexington Center on Massachusetts Avenue in two metered parking spaces in front of Depot Square starting on Friday May 17, 2019 and ending at the conclusion of Discovery Day. A banner publicizing Discovery Day would be hung on the trailer. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve free parking at the Central Business District parking meters, and not charge for parking in the Depot Lot on Discovery Day, whichever day it occurs. It was noted that all approvals are subject to working out all the details with Town Managers Office, Public Works and Police and Fire staff. 2019 Fee Schedule for Recreation/Community Programs Melissa Battite, Director of Recreation and Community Programs, presented a revised Fee Page 4 of 7 Schedule, which is reviewed every year by the Board of Selectmen. There are five areas proposed for increase under Aquatics: non-resident family pass; non-resident individual pass; resident individual pass; resident family pass; and Youth Swim Lessons. Daily admission for adult gym users, resident and non-resident would also increase ($5/$6). Summer Youth Basketball would be increased by $5.00. Co-ed Adult League Softball would increase by $50 to a total of $500. Ms. Battite reported that the combination of increases would yield approximately $20,382, based on FY17 attendance numbers. The fee increases were reviewed using industry standards. Ms. Hai said that for those adults who use the gym daily, the $5/$6 increase would amount to a lot. Ms. Battite said she would look into how the increase would affect frequent users. Ms. Barry read Mr. Lucente’s written comments into the record: He supports the fee schedule as presented and notes the increases were determined by the Recreation Committee to be in line with market rates. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve and adopt the 2019 recreation fee schedule as proposed Pelham Road Layout David Pavlik, Senior Civil Engineer, and Ross Morrow, Assistant Town Engineer, presented the Pelham Road layout for Board approval. The section of Pelham Road to be approved is between two already approved sections. One of two direct abutters of the section has kept abreast of the initiative and is in support of the intent for layout; the second abutter will be informed of the intent. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the intent for layout for a portion of Pelham Road from Eliot Road a distance of 526 feet, more or less westerly. Constitution Road Easement David Pavlik, Senior Civil Engineer; and Ross Morrow, Assistant Town Engineer, presented a proposed easement agreement for pump station improvements on Constitution Road. Town Counsel has reviewed and approved the proposed agreement. The Town Engineer has worked with the property owner and the Town Meeting Pump Station article provides the authority for the Board to accept the easement. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the Constitution Road easement as presented. Sewer Regulation Amendment David Pavlik, Senior Civil Engineer; and Ross Morrow, Assistant Town Engineer, presented changes to sewer regulations within Article III of Chapter 181 of the Lexington Code of Bylaws Page 5 of 7 as Section 181-44 (G). This change is required by MA DEP regulations that require this fee to be charged (314 CMR 12.04). This is one of many anticipated implementations of the statewide Sanitary Sewer Inflow and Infiltration program. Funds will go into the Sewer Enterprise Fund. Transportation and Treatment costs, to which the regulation amendment applies, are currently $16.83/gallon/day. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the proposed changes to the Sewer Regulations in Chapter 181 of Lexington Code of bylaws as presented. Visitors Center Update Mr. Malloy reported that the Town has reviewed several different temporary Visitor Center site options over the past few months. Since buildings fall under the Town Manager, the Board does not need to take a formal vote on the location of the temporary Visitors Center, but a discussion to reach Board consensus was requested before moving forward. Use of the Cary Memorial Library was found to not be appropriate. Temporary trailers for the Visitors Center and restrooms were also not suitable (and the HDC did not approve of them) and the cost of daily cleaning for the restrooms was prohibitive. There was no response to the bid for a private property owner to rent space in the downtown area. The Stone Room in Cary Memorial Building was considered, using the Robbins Room as back office/storage for the Visitors Center while the new building is being built. Town staff discussed continuing the Liberty Ride without having a temporary Visitor's Center but, ultimately, the Cary Memorial Building was deemed the best option. The Board, including Mr. Lucente in a written statement, unanimously supported the Cary Memorial Building option. It was felt that potential building-use conflicts could be worked out. Dawn McKenna, Tourism Committee Chair, said that a majority of Tourism Committee members thought the Cary Memorial could work as an interim location. The Committee will work with Town staff to ensure that tour buses will be able to pull into the Cary Memorial Building drop-off loop. 2019 Annual Town Meeting: Discuss Board Report to Town Meeting The following items were identified as being potential topics for the Board’s report to Annual Town Meeting 2019 : The Special Permit Residential Development Ad Hoc Committee; the Ad Hoc Crematory Study Committee; Municipal Building projects/process and timing; Hartwell Avenue; the Ad Hoc Residential Exemption Tax Policy Committee; Selectmen’s goals. The Board will finalize the list at a late meeting. Mr. Pato believes it would be useful to publish the Board’s responses to Town Meeting warrant articles, either in advance or following Town Meeting. Ms. Hai said capturing Board article Page 6 of 7 positions by an oral report to Town Meeting might suffice, instead of archiving written documents. Also discussed were the Annual Town Meeting 2019 warrant articles presentations that remain to be made to the Board prior to Annual Town Meeting. Special Permit Residential Development Ad Hoc Committee Update Ms. Hai said the SPRD Committee has met three times and Lex Media has recorded the proceedings. At the most recent meeting, the current SPRD bylaw, its goals, and successes/ shortcomings were reviewed. Katy Lacy from the Massachusetts Housing Partnership gave a presentation about what innovations other communities are doing vis-a-vis residential permitting, such as Senior Overlay Districts and Cluster Districts, all offering a density bonus to encourage diverse housing development. Two reference documents being used by the SPRD are the 2014 Housing Production Plan and the existing Comprehensive Plan. The question posed to the Committee for consideration is how Lexington defines what it wants, as a town, for housing. At the next meeting presentations will be made by developers who have had some success in Lexington to produce alternative housing and by developers who have had Special Permitting successes in other communities. Town Manager Reappointment Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the reappointment of James Athens to the Youth Commission. Mr. Athens has been a member of the Commission since 2017. His new term will expire April 30, 2021. Mr. Athens’ ethics training are up-to-date. Selectmen Appointment Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the appointment of Susan Barrett, Lexington Transportation Manager, to the Massachusetts Bay Transportation Authority (MBTA) Advisory Board as the Board of Selectmen’s Designee. Consent Agenda  Water & Sewer Commitments and Adjustments Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the Water & Sewer Commitment Cycle 9 January 2019 for $262,056.53; the Water & Sewer Commitment Finals January 2019 for $2,419.99; the Water & Sewer Commitment February 2019 Special Billing for $511.10 and the Water & Sewer Adjustment as recommended WSAB January 24, 2019 for $ (56,028.84).  Approve Minutes Page 7 of 7 Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the minutes of November 5, 2018; November 19, 2018; November 27, 2018 (Department Budgets); November 28, 2018 (Department Budgets); November 29, 2018 (Department Budgets); December 3, 2018; December 17, 2018; January 7, 2019; January 14, 2019; and January 28, 2019.  Approve One-Day Liquor Licenses Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the One Day liquor license request from Maddie’s Mission to serve beer and wine at the Scottish Rite Masonic Museum and Library, 33 Marrett Road on Saturday, March 16, 2019 from 6:00 p.m. until 10:30 p.m. for the purpose of their Foster Care Fundraiser event. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve five One Day liquor license requests from Spectacle Management to serve beer and wine at Cary Memorial Hall Lobby, 1605 Massachusetts Avenue for the purpose of five shows on the following dates: Ambrosia, Thursday, March 14, 2019 from 7:00 p.m. to 11:00 p.m.; Russian National Ballet, Thursday March 21. 2019 from 7:00 p.m. to 11:00 p.m.; Lenny Clarke, Friday, April 12, 2019 from 7:30 p.m. to 11:00 p.m.; Illusionist Rick Thomas, Thursday April 18, 2019 from 7:00 p.m. to 11:00 p.m.; and Southside Johnny, Sunday, April 28, 2019 from 6:30 p.m. to 11:00 p.m. Adjourn Upon motion duly made and seconded, the Board of Selection voted 3-0 to adjourn at 8:18 p.m. A true record; Attest: Kim Siebert, Recording Secretary