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HomeMy WebLinkAbout2019-07-22 BOS-min Page 1 of 6 SELECTMEN'S MEETING Monday, July 22, 2019 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, July 22, 2019 in the Selectmen’s Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present as well as Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager; and Ms. Katzenback, Executive Clerk. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai said progress continues toward the planning for the September 2019 trip to Lexington’s sister city Antony France. She stated the flag flown over the Lexington Battle Green on July 14, 2019 Bastille Day will be presented to the city of Antony France. In addition, she reported the Economic Development Advisory Committee reviewed the Watertown solar ordinance and stated they would come to the Board at a later date to explain their recommendation to not endorse Lexington’s adoption of a similar bylaw. Mr. Lucente said he, Mr. Pato and Mr. Sandeen attended hard hat tours of the Lexington Children’s Place (LCP) and Hastings Elementary School. Ms. Barry reported that LexHab is anticipating that Wright Farm will have a late winter occupancy. Mr. Sanden said a Sustainability Day was held by the Lexington Farmer’s Market. He reported that Massachusetts Municipal Association voted in opposition to a statewide plastic bag ban. Mr. Sandeen stated he attended a Climate Resilience Listening Session. He reported Lexington will be hosting Environmental Massachusetts on July 24, 2019 at the Lexington Community Center. Mr. Sandeen shared that the Federal Communications Commission (FCC) announced plans to adopt regulations regarding cable licensing fees and letters of opposition could be submitted by July 25, 2019. The Board was in agreement to have the Town Manager redraft the Board’s December 2018 letter of opposition to the FCC under the Town Manager’s signature to reaffirm the Town’s opposition. TOWN MANAGER REPORT Mr. Malloy reported the Lexington Children’s Place (LCP) is scheduled to be ready by August 16, 2019. He stated the Diversity and Inclusion Committee met to review goals. Mr. Malloy explained a Town Seal vector image is being used for the cast for the Fire Station. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Applications: Common Victualler License and Entertainment License - Kalaji Corporation d/b/a Spice Box, 321 Marrett Road Page 2 of 6 Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Common Victualler License for Kalaji Corporation d/b/a Spice Box, 321 Marrett Road for the hours of 11:00 a.m. to 9:00 p.m. Monday - Friday and 9:00 a.m. to 9:00 p.m. Saturday - Sunday. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve an Entertainment License for Kalaji Corporation d/b/a Spice Box, 321 Marrett Road for the purpose of providing background music and televisions within the restaurant. 2. Update on Joint Meeting with Board of Selectmen and Planning Board Mr. Lucente provided an overview of the July 15, 2019 Joint Meeting between the Board of Selectmen and the Planning Board which was facilitated by Jeff Nutting on the subject of the Planning Board and the Planning Department. General Board discussion ensued regarding potential next steps. The Board agreed that a Joint meeting of the Board of Selectmen and Planning Board should be held, targeting late September, to hear public comment on the subject of the Planning Board and the Planning Department. Ms. Barry said for the record that the statements made by Mr. Canale at the July 15, 2019 Joint meeting that the Board of Selectmen lacked leadership and that the Board of Selectmen flip flop changing their positions prior to Town Meeting are unequivocally not true. She further stated she spoke to the current and former Town Manager on this issue and she stated they both agreed it was not tru.e 3. Update on Voluntary Water Restriction for Summer 2019 Mr. Pinsonneault explained that the request for a voluntary all outdoor water use (irrigation, power washing, car washing, etc.) restriction in Lexington be restricted between the hours of 5:30 am and 8:30 am from July 26, 2019 to October 4, 2019 is in an effort to ensure that all water users in Lexington have sufficient water volumes. In addition, he said it is also suggested that all water users in Lexington consider water conservation techniques both outdoors and indoors to help preserve this resource. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to implement a voluntary outdoor water use time restriction from 5:30 a.m. to 8:30 a.m. beginning July 26, 2019 and continuing through October 4, 2019. 4. Recycling Education Grant Robert Beaudoin, Superintendent of Environmental Services, & Julia Greene, Greenworks explained the Recycling IQ Kit is a Massachusetts Department of Environmental Protection (Mass Dep) educational grant opportunity related to contaminated recycling and how that is affecting the market. Two main components of the grant are outreach/education and curbside feedback. Mr. Beaudoin said the intent is to educate residents on the need to ensure recyclable containers include only recyclable material and that there is no contamination such as food, non- recyclables, etc. He explained the grant also requires an inspection and warning/rejection program to ensure the material included in recycling bins are non-contaminated recyclables. Page 3 of 6 The Board was in agreement that the Recycling IQ Kit is a valuable grant for the Department of Public Works to pursue. 5. Update on LexHAB Farmview Project Mr. Malloy said as a result of the project bids for the Farmview project coming in over the appropriation, the LexHab Board put the project out to bid again this time with several "add alternate" proposals which included appliances, landscaping, paving and solar The bid that was received for the add alternatives, totaled approximately $307,000. The total appropriation was $2,589,107 and the sole bid came in at $3,026,757 with the add-alternate items eliminated the project remains $90,803 short of the appropriation. LexHab has delivered a check for the amount of the shortfall, but this doesn't address the "add alternate" items as the project was previously proposed to include. Mr. Malloy explained that the Lexington Housing Assistance (LexHab) has been asked, through Pat Goddard, Executive Director of LexHab, to address these issues by confirming they intend to complete the project through other financial means, which includes either a MassHousing Grant or through their own financing to ensure the project that Town Meeting funded is completed as anticipated. Mr. Pat Goddard explained the Lexington Housing Assistance Board (LexHAB), LexHAB voted at their July 17, 2019 meeting to complete the Farmview 34 Lowell Street Housing Construction using LexHAB funds if no other funds are available as follows:  LexHAB to provide $90,893 check to Town of Lexington to supplement available balance of$2,589,107.25 and enable Town of Lexington to approve Triumph Modular Construction contract of $2,680,000.  LexHAB to provide additional deposits to Town of Lexington for funding of any change orders for Triumph Modular Construction contract.  LexHAB has funds on hand to implement scope of work outside of the $2,680,000 Triumph Modular Construction Contract. This work outside of the Triumph Modular Construction contract includes final paving, landscape and fencing, rooftop solar, and appliances.  LexHAB intends to apply for alternate sources of funding for implementation of the scope of work outside of the Triumph Modular Construction contract. Should these alternate sources not be available, LexHAB will utilize their own resources to complete the scope of work and complete the project scope as outlined in the funding request at Town Meeting. 6. Approve and Sign Jefferson Drive at Liberty Ridge Regulatory Agreement Ms. Liz Rust, Regional Housing Services Office, explained that as a part of the Jefferson Drive at Liberty Ridge project the developer is required to provide three affordable units for sale and that the units would stay affordable units in perpetuity. The terms of the affordable housing agreement are provided for in the LIP Regulatory Agreement. The affordable units will be sold at Page 4 of 6 prices specified in the Regulatory Agreement to persons or households with incomes at or below eighty percent of the regional median household income. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and authorize the Town Manager to sign the Local Initiative Program - Regulatory Agreement and Declaration of Restrictive Covenants for Ownership, for the Jefferson Drive at Liberty Ridge, located on Jefferson Drive. 7. Joint Meeting - Board of Selectmen and Housing Partnership Board At 8:23 p.m. a joint meeting of the Board of Selectmen and the Housing Partnership Board was called to order by both Boards. Present from the Housing Partnership Board were Ms. Foutter, Chair; Mr. Pressman, Ms. Cohen, Ms. Walker; Ms. Weiss; Ms. Thompson and Mr. Linton.  Overview of Local Initiative Program - Friendly 40B Housing Process Liz Rust, Regional Housing Services, stated the 40B Housing process establishes a consolidated local review and approval process, known as a “comprehensive permit” that empowers the zoning board of appeals (ZBA) in each city and town to hold hearings and make binding decisions that encompass all local ordinances or bylaws and regulations. Ms. Rust explained the Local Initiative Program (LIP) Friendly 40B Housing process includes the following: Early review and input from local Boards-the Board of Selectmen and the Housing Partnership Board approves the project concept; comment period by DHCD, site visit, unit mix, affordability, department conformance with regulations/guidelines; comments from Town Boards, final plan with conditions, justify local preference; deefines affordability, Housing restriction, rent calculations; local outreach, applicant review, leasing materials; annual certification to DHCD: financial management, fair housing, unit mix, rents, eligible tenants.  Update on Proposed Friendly 40B Housing - 840 Emerson Gardens Road Mr. Robert Buckley, Riemer & Braunstein, representing 840 EmersonGardens LLc, stated that the proposal is for a Friendly 40B Housing project at 840 Emerson Gardens for a high-quality, multifamily rental housing units. He said that Emerson Gardens LLC is looking for feedback from the Board of Selectmen as to whether the Board was receptive to this project being submitted via the Local Initiative Program (LIP) Friendly 40B application. Mr. Todd Freidmont Smith, Senior Vice President, Nordblom, provided an overview of the housing project in which Emerson Gardens LLC proposes a building a new structure for multifamily rental housing to include 25% affordable housing. The majority of the Board of Selectmen was comfortable with Emerson Gardens LLC submitting their proposed project via the LIP Friendly 40B application process. Ms. Barry expressed that she felt this project should be submitted through the traditional process of Town Meeting. Page 5 of 6 Mr. Buckley stated 840 Emerson Gardens’ next step in evaluating whether or not they will proceed with a Friendly 40B application will be to gather feedback from public listening session. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to close the Joint meeting at 9:33 p.m. The Housing Partnership Board voted the same. Mr. Lucente called a brief recess. The Board of Selectmen regular meeting was called back to order at 9:40 p.m. 8. Crematory Study Ad Hoc Committee Update Ms. Barry stated at the July 19, 2019 Ad Hoc Crematory Study Committee meeting the Committee approved minutes; discussed the financing model, reviewed survey data and reviewed future meeting dates. Ms. Barry said the work of the committee is targeted to be completed in advance of the 2020 Special Town Meeting. Mr. Lucente asked if Ms. Barry would present the survey results to the Board of Selectmen at her next update. Ms. Barry said she would. Ms. Barry asked Mr. Pato and Mr. Sandeen, since they voiced concerns at a previous Board of Selectmen meeting regarding new gas lines, if they would like to make a comment on the installation of a new gas line that would be required for this potential project. Mr. Pato and Mr. Sandeen each said they would have no objections to a new gas line for the potential Crematory project as there is not an alternative option to using gas. Mona Roy, 36 Bertwell Road, stated she feels it is important to have a local crematorium. 9. Approve Amendment to Board of Selectmen Alcohol Beverage License Regulation Applicable to Package Stores Mr. Lucente said the Board is being asked to make the following amendments to the Board of Selectmen Alcohol Beverage License Regulation Applicable to Package Stores: Remove Memorial Day from Section II.3 regarding the holidays listed for which licensees may not sell or deliver alcoholic beverages as per the ABCC Holiday Observed Regulation Calendar and to Correct a scriveners error from Sunday 12:00 a.m. to Sunday 12:00 p.m. in Section II.4. Ms. Hai asked about the requirement in the Selectmen regulations that package stores must be closed on the day after Christmas if Christmas falls on a Sunday. The Board asked to bring this item back to a future agenda to allow time for further research on the required package store closure dates in order to make the necessary update to the Selectmen’s regulations. 10. Accept the Terms of the Artis Benevolent Fund Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the terms of the Artis Benevolent Fund that will be managed by the Trustees of Public Trusts. Page 6 of 6 11. Conflict of Interest Determination: David Williams - Board of Appeals No Action was taken on this item by the Board of Selectmen as Barrett Sotheby's withdrew their Special Permit application to the Zoning Board of Appeals (ZBA) therefore Mr. Williams no longer requires a conflict of determination. CONSENT AGENDA 1. Approve One-Day Liquor License Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a One- Day Liquor License for the Cary Memorial Library Foundation to serve beer and wine from 7:00 p.m. to 9:00 p.m.at their Library After Dark Musical Event to be held at Cary Memorial Library, 1874 Massachusetts Avenue, on Saturday, September 21, 2019. EXECUTIVE SESSION 1. Exemption 3: Collective Bargaining Update: Fire Union Ms. Barry recused herself from the Executive Session discussion under Exemption 3 as her husband is an employee of the Town. Upon a motion duly made and by roll call, the Board of Selectmen voted 4-0 to go into Executive Session at 10:00 p.m. under Exemption 3 to discuss strategy with respect to collective bargaining, Further, Mr. Lucente declared that an open meeting discussion may have a detrimental effect on the bargaining and negotiating positions of the Town. ADJOURN Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at 10:20 p.m. A true record; Attest: Kim Katzenback Executive Clerk