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HomeMy WebLinkAbout2020-03-09 SB-min Select Board Meeting March 9, 2020 A meeting of the Lexington Select Board was called to order at 6:30 p.m. on Monday, March 9, 2020 in the Select Board 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, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION Upon a motion duly made and seconded by roll call, the Select Board voted 5-0 to go into Executive Session under Exemption 6 to consider purchase, exchange, lease or value and of Real Estate - Historical Society Parking Parcel - Edison Way; and further under Exemption 3: to discuss strategy regarding the Public Employee Committee (PEC) Contract Renewal. Ms. Barry recused herself from the executive session discussion for exemption 3 PEC contract renewal. Upon exiting Executive Session, a short recess was called and Open Session reconvened at 6:53 p.m. Ms. Barry rejoined the meeting. Mr. Lucente amended the order of the agenda for the Board to address the consent agenda items. CONSENT AGENDA 1. Request for Use of Battle Green - Lexington Historical Society's Battle of Lexington Reenactment for Children Upon a motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve a license for the Lexington Historical Society to use the Battle Green on Wednesday, April 22, 2020 from 9:30 a.m. to 2:30 p.m. for the purpose of their annual Battle of Lexington Reenactment for children. Police, Fire, and DPW have no objections to this request. 2. Approve Meeting Minutes Upon a motion duly made and seconded, the Select Board voted 5-0 to approve, but not release, the Executive Session minutes of July 22, 2019 and August 5, 2019. Mr. Lucente returned to the order of the agenda. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai:  The Battle Road Scenic Byway Committee will be meeting this week to discuss the next steps after being awarded funding from the MAPC for the committee’s application for federal scenic byway status.  MAGIC met last week at which Amy Dain, Dain Research, Consultant for MAPC, made a presentation regarding multifamily zoning and housing opportunities in greater Boston area. Ms. Dain recommended that towns should all be looking to reform the approval process in order to create flexibility and predictability that we should zone more land to multifamily use; should allow multifamily housing next to mixed use hubs as opposed to isolated; should be create more housing in the centers of our communities in near transit plant transit areas and planning for connected growth nodes when we do permit things along the edges.  Lexington Human Rights committee met on March 6, 2020 providing the following update: The screening of film I'm not a racist and discussion will be held on March 25, 2020 6:30 p.m. at Lexington High School and Parent Academy program is being held on March 14, 2020, 9:30 a.m. Mr. Pato:  Attended the MMA transportation and DPW policy committee meeting planning for lobbying for the transportation bond bill, which was voted on Thursday in the afternoon, and reviewing the transportation budget bill, which included chapter 90 funding increases to $300 million a year approved by the House and still has to go to the Senate. Mr. Lucente:  Represented the Board at the March 7, 2020 Moderators workshop for new town meeting members.  He and Ms. Barry attended the March 4, 2020 the LexRecNeeds a community forum held to engage with the public to better understand the community’s needs as it relates to parks, recreation programs, open space and facilities in Lexington.  Attended the March 6, 2020 Enterprise Bank ribbon cutting on behalf of the  Announced the Thursday, March 12, 2020 forum regarding the Corona virus to be held from 6:00 p.m. – 7:30 p.m. giving the community an opportunity to ask questions on how the Town is addressing the Corona virus. Ms. Barry:  Reported the LexRecNeeds stakeholder group will be meeting approximately every four to six weeks to shepherd the process of developing a strategic action plan that will help drive short and long-term decision making for our parks, recreation programs,open space and facilities and will reflect the community's values. TOWN MANAGER REPORT Mr. Malloy stated that in addition to providing the March 12, 2020 community forum, the Town will provide regular updates posted to the Town’s website regarding steps being taken to prevent and respond to the Corona Virus. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on Hazard Mitigation Plan Resolution This item was postponed until the March 16, 2020 Select Board meeting. 2. Update from Communications Advisory Committee Regarding Public, Educational, and Government (PEG) Access Provider Procurement Mr. Ken Pogran, Chair Communication Advisory Committee (CAC) presented an update to the Board regarding the Town’s, the Town’s Public, Educational, Government (PEG) provider status. He stated the contract with LexMedia, current PEG provider, is due to expire at the end of June 2020. Mr. Pogran said the Communications Advisory Committee’s two previous performance evaluations of LexMedia have been favorable and the CAC is recommending a grant approach for a contract renewal with LexMedia. He explained this approach was suggested by Ms. Mancini, Lexington Purchasing Director, and reviewed with the Town Manager and Town Counsel. Further, Mr. Pogran said, to date, the PEG Access contract has been fully funded by the Town’s receipt of the 5% franchise fee that's assessed on cable television revenues from our three Lexington cable TV providers, RCN, Verizon and Comcast. Mr. Pogran explained this future revenue stream for PEG Access funds will be negatively impacted by regulatory and technology changes. In order to keep PEG Access services at or near current levels, the Town one day may need to consider appropriating money to the PEG Access fund account. The Board was in support of the grant agreement approach for the contract renewal. Mr. Jim Shaw, Chairman of LexMedia Board, stated he looks forward to working with the Town in the efforts towards a contract renewal. 3. Update on Police Station Location Mr. Lucente stated the agenda item tonight is a follow up to the ongoing discussions related to the location of the proposed new Police Station to get confirmation from the Historic District Commission (HDC) that they would consider a design that includes demolition of the entire existing police station and construction of an entirely new building. Mr. Lucente updated the Board that the HDC voted unanimously at their March 5, 2020 meeting to consider demolition consistent with their guidelines and they will be forwarding a letter citing this to the Select Board. General Board discussion ensued. Based on the anticipated reduction in cost due to a complete replacement of the existing police station and the confirmation from the HDC that they would accept demolition as part of the new design, the Board was in agreement to proceed with design work for the police station to be at 1575 Massachusetts Avenue rather than at 173 Bedford Street. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the location of new police station to be at 1575 Massachusetts Avenue. 4. Memorandum of Understanding (MOU) for 1050 Waltham Street Mr. Malloy stated he has been negotiating the 1050 Waltham Street Memorandum of Understanding agreement between the Town and BH GRP 1050 Waltham Owner LLC and obtained input from the Select Board and has incorporated some comments received from resident groups. Mr. Malloy said the MOU provides for the following:  Bicycle parking + locker room/shower facilities for employees  $2,000 per parking space (over existing) for the parking garage estimated payment of $360,000 up to $416,000 parking spaces and then $4,000 per parking space up to a maximum of 475 which would generate another $236,000. $5,000 per year to Lexpress Shuttle service for employees that will be available for at least a six month trial period when there are vacant seats to residents (at a charge) - this was requested at the last Select Board meeting by residents.  A range of transportation mitigation under item (4) TDM Obligations.  Pedestrian safety improvements  Traffic mitigation potential of an additional $50,000 if studies indicate additional transportation improvements are necessary or if the Town prefers to use the funds for transit programs.  Trails connecting to Brookhaven  $5,000 per year for trail maintenance and management  $5,000 per year for each laboratory tenant  10+10 EV Charger Stations  Solar PV canopy on the garage roof, if operationally and financially feasible Mr. Malloy stated the Planning Board unanimously approved of the project at their March 4, 2020 meeting. Ms. Barry asked why the sentence on page seven of the MOU, in Section VII-Sustainability which reads: “Furthermore, the Owner will review and evaluate the Project in comparison to the integrated building and design policy that has been adopted by the Sustainable Lexington Committee” has been added to the MOU. She said she feels it is not appropriate for the MOU as it is a joint policy of the Select Board and School Committee applicable to municipal and school buildings. Mr. Kevin Sheehan, Managing Partner, Greatland Realty Partner, explained BH GRP 1050 Waltham Owner LLC was looking for any suggestions of how to convey their commitment to sustainability in the MOU. He said it was a recommendation from the Town’s Sustainability Committee to include a sentence in the MOU that BH GRP 1050 Waltham Owner LLC would use the integrated building and design policy as a guide. After Board discussion, it was agreed to amend the sentence to accurately reflect the policy in the MOU to now read: Integrated Building and Construction Policy that has been adopted by Select Board and School Committee. Mr. John Howard, Resident of Brookhaven, expressed concern regarding the maximum height of the proposed building and concern of shadowing effects upon Brookhaven. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Memorandum of Understanding between the Town of Lexington and BH GRP 1050 Waltham Owner LLC as amended. 5. Discuss WWII Memorial Plaque for Cary Memorial Building The Board reviewed the Citizen World War II Commemoration Group's request that a memorial plaque be allowed to be installed in Cary Memorial Building (next to the existing World War I memorial plaque) to recognize the 62 Lexingtonians who died in Service in World War II. The Town's Monuments and Memorial Committee submitted a memo recommending proceeding with the commemoration plaque and temporary plaque. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve proceeding with the recommendation of the Monument and Memorials Committee for the placement of a plaque in the Cary Memorial Building with the names of 62 Lexingtonians, all residents of Lexington at the time of their enlistment, who died in service in World War II and that such plaque be installed in the Cary Memorial Building to serve as an appropriate companion piece to the existing World War I plaque and that said plaque be of comparable design, materials, and scale to the existing World War I plaque. The Monuments and Memorials Committee further endorses the goal of placing a temporary “placeholder” plaque as part of the Memorial Day 2020 observance, with the formal dedication of the finished plaque to be held on Veterans Day, November 11, 2020. 6. Discovery Day Street Fair 2020 Request Upon a motion duly made and seconded, the Select Board voted 5-0 to approve restricting st vehicular access in the following areas for the 41 annual Discovery Day Street Fair to be held on Saturday, May 23, 2020 from 6:00 a.m. to 5:00 p.m. on Massachusetts Avenue, from Waltham Street to Meriam Street (both sides); and Muzzey Street, from Massachusetts Avenue to the first private driveway; and Massachusetts Avenue. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve parking a flatbed truck, with a banner publicizing Discovery Day, in Lexington Center on Massachusetts Avenue in two metered parking spaces in front of Depot Square, starting on Friday, May 15, 2020 and ending at the conclusion of Discovery Day. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve free parking at the Central Business District parking meters, and not charge for parking in the Depot Lot on Discovery Day. These Select Board approvals for the 2020 Discovery Day Street Fair are subject to working out the details with the Town Manager's Office, Department of Public Works, and Lexington Police Department staff. 7. Board Participation in Discovery Day Street Fair 2020 Mr. Lucente said last year, the Board hosted a shared "Elected Officials" booth, along with the School Committee and the Planning Board at the Discovery Day Street Fair. The Board discussed and confirmed its desire to participate in the Saturday, May 23, 2020 Discovery Day program. The Board agreed to invite other elected boards to participate in this booth. 8. LexHAB Request for Use of Affordable Housing Stabilization Funds Under 2020 ATM Warrant Article 19 Mr. Malloy stated LexHab has requested use of Affordable Housing Stabilization Funds that are derived from an annual payment from Brookhaven to use for upgrades to LexHab units. This is on the agenda for the Select Board to discuss this use of the Brookhaven funds. Mr. Robert Burbidge, Chair Lexington Housing Assistance Board (LexHab), stated that approximately 32 projects have been identified as needing upgrades for LexHab units, such as new flooring, roofing, carpet, flooring repairs, replacements, which fall within the definition of a capital improvement. Select Board members expressed that they feel requests such as this should be submitted more formally. Ms. Barry read a letter which was emailed to her by Mr. Bob Pressman of Locust Avenue which included the following statement: “Please provide a clear explanation of the public process or in detail the other process deemed lawful by which the proposed recipient of the first Brookhaven payment was identified. If that step has occurred, if it has not occurred, how and when will that determination be made before town meeting? General Board discussion ensued. The Board expressed support for LexHab’s request to use Affordable Housing Stabilization Funds. Mr. Malloy said the request would be placed on an upcoming Board agenda for a Board vote. 9. 2020 Annual Town Meeting  Update Article 28-Amend General Bylaw-Noise Control Citizen Petition. Ms. Varda Haimo presented a proposed motion for Article 28-Amend General Bylaw-Noise Control Citizen Petition. Ms. Haimo stated the proposed motion requests the bylaw be amended by inserting § 80-8 Noise Mitigation Plan for Construction. Ms. Haimo stated a new section being proposed for Noise control would implement a requirement for submission of a noise mitigation plan prior to the issuance of a building permit for construction projects in residentially zoned areas where the project entails rock removal with heavy machinery, including ledge removal, rock pounding, rock crushing, rock drilling or rock cutting; and such activities are forecast to take place on more than fifteen days over the course of the project.  Review Draft Select Board Report. The Board reviewed the draft Select Board Report to Annual Town Meeting. Ms. Barry will write an update regarding the Center Streetscape project and submit it to the Select Board Office staff for inclusion into the draft report. The updated draft report will be included on the March 16, 2020 Board agenda for approval.  Annual Town Meeting Article Discussion/Positions/ The resulting chart from the Board position discussion for the 2020 Annual Town Meeting articles is appended to the end of these minutes. 10. Select Board Committee Appointments  Lexington Council for the Arts Upon a motion duly made and seconded, the Select Board voted 5-0 to appoint Shalini Kakar to the Lexington Council for the Arts with a term expiration date of September 30, 2022.  Historic Districts Commission Associate Ms. Hai recused herself for the discussion and appointment for the open Historic Districts Commission Associate member position as a family member application is being considered. Upon a motion duly made and seconded, the Select Board voted 4-0 to appoint Daniel Hisel to Historic Districts Commission Associates to the unexpired term ending December 31, 2022. Ms. Hai rejoined the meeting. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 10:14 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Position as of March 9, 2020 for 2020 Annual Town Meeting ARTICLES SELECT IP CNSNDL JP SJMS BOARD T B H PRSNTR AT ATM DL Y W W Article 2 Select Board Report Article DL Y Y Y Y Y 4 Appropriate fy2021 operating budget Article MS Y Y Y Y Y 5 Appropriate fy2021 enterprise funds budgets Article JP Y Y Y Y Y 6 Establish qualifications for tax deferrals Article Petition general court to amend legislation JP Y Y Y Y Y 7 regarding tax deferrals Article JH W Y Y W Y 8 Short term rental impact fee Article Establish and continue departmental revolving JH Y Y Y Y Y 9 funds Article Appropriate the fy2021 community preservation 10 committee operating budget and cpa projects a) Archives & Records Management/Records CNSNY Y Y Y Y Conservation & Preservation- $20,000 - consent T b) Restoration of Margaret Lady of Lexington Y Y Y Y Y Painting- $9,000 - c) Battle Green Master Plan- Phase 3- Y Y Y Y Y $317,044 d) Conservation Land Acquisition - IP IP CNSNIP IP IP IP IP T JP e) Daisy Wilson Meadow Preservation- CNSNY Y Y Y Y $22,425 – consent T Y Y Y Y Y f) Wright Farm Site Access Planning and Design- $69,000 g) Athletic Facility Lighting- $450,000 Y Y Y Y Y h) Park Improvements- Hard Court Y Y Y Y Y Resurfacing- Valley Tennis Courts- $100,000 i) Park and Playground Improvements- Y Y Y Y Y Sutherland Park- $95,000 j) Park Improvements- Athletic Fields- Y Y Y Y Y Harrington, Bowman, and Franklin Field- $370,000 k) Parker Meadow Accessible Trail Y Y Y Y W Construction- $551,026 1) Lexington Housing Authority- Greeley Village Y Y Y Y Y Community Center Preservation- $130,000 m) LexHAB- 116 Vine Street Design Funds- Y Y Y Y Y $100,000 CNSNY Y Y Y Y n) CPA Debt Service- $3,016,730 - consent T CNSNY Y Y Y Y o) Administrative Budget- $150,000 - consent T Article 11 Appropriate for recreation capital projects Y Y Y Y W a) Pine Meadows Club House Renovation SB CNSNY Y Y Y Y b) Pine Meadows Equipment - consent T Article Appropriate for municipal capital projects and 12 equipment Y Y Y Y Y a) Ambulance Replacement Y Y Y Y Y b) Athletic Fields Feasibility Study CNSNY Y Y Y Y c) Hydrant Replacement Program - consent T d) Storm Drainage Improvements and Y Y Y Y Y NPDES compliance CNSNY Y Y Y Y e) Sidewalk Improvements - consent T f) Equipment Replacement Y Y Y Y Y g) Townwide Signalization Improvements - CNSNY Y Y Y Y consent T CNSNY Y Y Y Y T h) Street Improvements - consent i) New Sidewalk Installations Y Y Y Y Y JH CNSNY Y Y Y Y j) Transportation Mitigation - consent T CNSNY Y Y Y Y T k) Municipal Technology Improvement Program – consent CNSNY Y Y Y Y T l) Application implementation - consent CNSNY Y Y Y Y T m) Phone Systems & Unified Communications - consent Article Appropriate for water system improvements - MS CNSNY Y Y Y Y 13 consent T Article Appropriate for wastewater system improvements- MS CNSNY Y Y Y Y 14 consent T Article Appropriate for school capital projects and SB Y Y Y Y Y 15 equipment Article Appropriate for public facilities capital projects 16 DL a) Police Outdoor/Indoor Firing Range - W Y W Y W Hartwell Avenue b) Center Recreation Complex Bathrooms & Y Y Y Y Y Maintenance Building Renovation c) Public Facilities Master Plan Y Y Y Y W d) LHS Science Classroom Space Mining Y Y Y Y Y e) Townwide Roofing Program Y Y Y Y Y f) School Building Envelopes and Systems - CNSNY Y Y Y Y consent T g) Municipal Building Envelopes and CNSNY Y Y Y Y Systems - consent T h) Facility and Site Improvements - consent CNSNY Y Y Y Y T  Building Flooring Program  School Paving & Sidewalks Program CNSNY Y Y Y Y T i) Public Facilities Bid Documents - consent j) Public Facilities Mechanical/Electrical CNSNY Y Y Y Y System Replacements- consent T Art. 16 SB Y Y Y Y Y cont. k) Westview Cemetery Building Construction Article Appropriate to post employment insurance liability JH Y Y R Y Y 17 fund SB CNSNY Y Y Y Y T Article 18 Rescind prior borrowing authorizations - consent Article Establish, dissolve and appropriate to and from JP Y Y Y Y Y 19 specified stabilization funds Article Appropriate from debt service stabilization fund - DL CNSNY Y Y Y Y 20 consent T Article MS Y Y Y Y Y 21 Appropriate for prior years’ unpaid bills Article Amend FY2020 operating, enterprise and CPA DL Y Y Y Y Y 22 budgets Article JH W W W W W 23 Appropriate for authorized capital improvement Article SB N N N N N 24 Reduce legal expenses (citizen petition) Article DL W W W W W 25 Purchase of land/eminent domain Article Amend historic districts commission enabling SB Y Y Y Y Y 26 legislation Article Amend general bylaws-noise construction limitsMS Y Y Y Y Y 27 Article Amend general bylaws-noise control (citizen JP W Y W Y W 28 petition) Article MS Y Y Y W Y 29 Declare climate emergency (citizen petition) Article SB W W W W W 30 Land exchange (citizen petition) Article Amend general bylaws-demolition delay (citizen DL IP IP IP IP IP IP 31 petition) - IP Article Extend Hancock-Clark historic district (citizen DL IP IP IP IP IP IP 32 petition) - IP Article Amend general bylaws-running bamboo control JP Y Y W Y W 33 (citizen petition) Authorize special legislation-development JH W Y W W W Article surcharge for community housing (citizen petition) 34 Article Amend zoning bylaw-distance from basement, slab DL Y Y Y Y Y 35 or crawl space and groundwater JH Y Y Y Y Y Article 36 Amend zoning bylaw-short term rentals Article JP W W W W W 37 Amend zoning bylaw-site plan review Article SB Y Y Y Y Y 38 Amend zoning bylaw-financial services Article MS W Y W W W 39 Amend zoning bylaw-solar energy systems Article Amend zoning bylaw-wireless communication MS W Y W W W 40 facilities Article JH Y Y Y Y Y 41 Amend zoning bylaw-technical corrections Article Amend zoning bylaw and zoning map, 1040-1050 JP Y Y Y Y Y 42 Waltham Street (owner petition) Article Amend zoning bylaw and map-Hartwell Avenue SB W W W W W 43 area (citizen petition) Article Amend the zoning bylaw and map- Bedford street MS W W W W W 44 near Hartwell Avenue (citizen petition) DL Y Y W W W Article Amend zoning bylaw-front yard, transition, and 45 screening areas (citizen petition) Article Amend zoning bylaw-gross floor area (citizen JH IP IP IP IP IP IP 46 petition)