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HomeMy WebLinkAbout2021-03-15 SB-min Select Board Meeting March 15, 2021 A remote participation meeting of the Lexington Select Board was called to order at 7:45 p.m. on Monday, March 15, 2021 via Zoom remote meeting services. 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; Ms. Katzenback, Executive Clerk; and Mr. Gibbons, Recording Secretary. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker’s March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts’ State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Select Board Work Session - 2021 Annual Town Meeting Article Discussion/ Positions/ Select Board Report The Board reviewed the Annual Town Meeting Warrant and noted their positions and which Board member would be presenting on each article at Town Meeting. The resulting positions chart is appended to the end of these minutes. The Board discussed Article 12(o) - Appropriate for Municipal Capital Projects And Equipment - Parking System. Mr. Sandeen stated that he was still a “wait”, while Mr. Lucente stated that he was under the impression that Staff would be making a presentation to the Board regarding different options that would be available, and as a result would like to change his position to a “yes”. Mr. Lucente stated that at the last Board meeting, the Board agreed that they would be reviewing the information regarding kiosks, and would make a decision on them at a future meeting. Mr. Malloy stated that the Article would allow the Town to move forward with funding 25 kiosks, and that vendors had stated that the kiosks would cost $18,000 each. Mr. Malloy stated that this article would provide funding for the parking improvements, and the Board could choose how they would like to implement the parking appropriation. Mr. Sandeen asked what kind of charging stations would be installed with the appropriation discussed in Article 12(n) Appropriate for Municipal Capital Projects and Equipment - Electric Vehicle Charging Stations, and asked if the motion should note that the Town would be installing Level 2 charging stations. Mr. Malloy stated that while the Town would not be installing Level 1 charging stations, by narrowing the focus, the Town would be restricted to only installing Level 2 Charging Stations. Mr. Sandeen provided the Board information on the differences in the various levels of charging stations. The Board determined that the motion should restrict the funding to purchasing Level 2 charging stations Ms. Carolyn Kosnoff, Assistant Town Manager for Finance, stated that Article 19 Establish, Amend, Dissolve and Appropriate To and From Specified Stabilization Funds would have three subsections. Ms. Kosnoff noted that 19(a) - would be asking to appropriate $2,800,000 from the Capital Stabilization Fund to mitigate debt service. Ms. Kosnoff further stated that 19(b) sought to appropriate $3,217,674 into the Capital Stabilization fund. Ms. Kosnoff also stated that 19(c) sought to appropriate $615,366 into the Transportation Demand Management/Public Transportation fund. Mr. Lucente noted that the Appropriations Committee had voted 7-0 to support Article 19. Mr. Lucente updated his position to yes for Article 29- Clean Heat Authorize Special Legislation To Regulate Fossil Fuel Infrastructure and Adopt Bylaw Amendment Enabling Legislation. Mr. Malloy presented the Board an email he had received from Mr. Gerry Paul, Ms. Nancy Sofen, and Mr. Mark Connor, all members of the Tree Committee, regarding Article 32 - Amend General Bylaws-Receive Appraised Value For Removed Trees. Mr. Malloy raised concerns from Town staff including Mr. David Pinsonneault, Department of Public Works Director. Mr. Pinsonneault stated the article would increase work of Town staff on trees which were located on private property. Mr. Pinsonneault stated that he was proposing a Tree Canopy study which may better inform a future article to address the concerns of the Warrant Article. Mr. Pato stated that he believed that some of the concerns raised by Mr. Malloy and Mr. Pinsonneault should be addressed by the current Tree Bylaw and State Law. Mr. Malloy stated that he was concerned about the length of time that the Board and Town Staff would have to dedicate to the processes laid out by the Warrant Article. Mr. Pato stated that he believed the Article would reflect the Board's commitment to protect Lexington’s tree canopies. Mr. Pinsonneault stated that regarding private property, the Town currently does not oversee tree removal. He stated that to monitor tree removal on private property would add additional work to the Town staff, specifically the Tree Warden. Ms. Nancy Sofen, 3 Abernathy Road and Tree Committee member, stated that she was concerned there was confusion between Article 33a and Article 33b. Ms. Sofen stated that she did not believe the Warrant Articles would add additional work for Town staff as the burden would be on the applicant, except for a post construction survey. Mr. Sandeen stated that the objective of Article 32 was to address the removal of Town owned trees. He believe s that the primary objective of Article 32 is to establish a way for the Town to be compensated for the value of its property, Town owned trees. Mr. Lucente stated that he believed Article 32 may be a burdensome to development in Lexington. Mr. Pinsonneault stated that under Chapter 87 the Town does not have to allow the removal of a tree on public property. Ms. Hai voiced concern over the funding mechanism outlined in Article 32 stating it was cumbersome and suggested it would require amending. Ms. Barry requested that the Tree Committee consider an amendment to the motion. Mr. Lucente stated that he was uncomfortable with Article 33 - A mend General Bylaws- Tree Bylaw: Data Collection and Education- Motion Section b. Mr. Lucente stated that he did not support having a homeowner file a permit for the removal of a tree on private property. He further stated that he was concerned that the Article would lead to neighbor disputes. Ms. Hai stated that she supported Mr. Pinsonneault’s suggestion that the Town complete the Tree Canopy Study prior to the passage of Article 33. Mr. Gerry Paul, of 43 Highland Ave and Tree Committee Chair, stated motion one of Article 33 was to get more information on tree removals at bylaw sites. He also stated his belief that the passage of the Article would not require more work on the DPW’s part, but would be collecting more information from a builder. Mr. Pinsonneault stated that so long as information was provided by the builder the DPW would be fine with it. The Board stated that they were in support of motion 1 on Article 33 and were not in favor of motion 2 on article 33. Ms. Hai asked if there was a precedent for a Town Meeting Warrant Article requesting the Select or Planning Boards to create a Committee, as was proposed in Article 35. Mr. Pato stated that there were Bylaw Committees, like the Tourism Committee, which had been approved at Town Meeting, but stated that he did not believe that Town Meeting had created a Committee. The Board stated that they would abstain on Article 35. Mr. Lucente stated that while he appreciated the intent of Article 36, after reviewing the changes made to the motion, he was changing his position from a wait to a no as he was uncomfortable with the proposed mechanism. Mr. Sandeen believes that Lexington needs additional affordable housing and we need to find a way fund that affordable housing. However, we also need to increase economic development and we need to find a way to support economic development. He would propose the solution is an integrated plan to achieve all of the Town’s goals for affordable housing, economic development, transportation, and sustainability. For that reason, he will stay a wait on Article 36. The Board stated that the Planning Board had voted to support Article 37 - Amend General Bylaws-Stormwater Management (Chapter 114), and all moved to a yes position. The Board stated their support for indefinitely postponing and adding Articles 40- Amend Zoning Bylaw-Retaining Walls, 42 - Amend Zoning Bylaw-Floodplain Management, and 43- Amend Zoning Bylaw- Technical Corrections to the Consent Agenda. Mr. Pato stated that he would support indefinitely postponing Articles 44 and 45. He stated that he believed that the changes were made too quickly following the Fall Town Meeting. Mr. Sandeen voiced support for Mr. Pato’s position regarding Article 44 - Amend Zoning Bylaw-Use and General Regulations and 45 Amend Zoning Bylaw & Zoning Map –Hartwell Innovation Park. The Board discussed the timeline of Town Meeting, and noted the proposed Town Meeting dates. The Board confirmed that Articles 37, 38, 40, 42, and 43 would be added to the consent agenda. Mr. Malloy stated that he had asked the Town Moderator to discuss the High School Feasibility Study as the last article at Town Meeting. He stated that it would not be necessary to keep the Town Meeting open as the item could be discussed at the Fall Town Meeting. The Board reviewed and discussed the Select Board Report and noted that they would be voting to approve it at their meeting on March 22, 2021. The Board reviewed various grammatical and formatting edits they would like incorporated into the document. ACTION ITEM(S): The Board requested that the Tree Committee consider amending the motion for Article 32 - Amend General Bylaws-Receive Appraised Value for Removed Trees. DOCUMENT(S) PRESENTED: 2021 ATM Positions Chart; 2021 ATM Draft Consent Agenda list; Revised motion 36; Working Draft - 2021 ATM Select Board Report; 2021 ATM Warrant; Article 22, 23 G. Paul - Response email to Town Manager ADJOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn at 9:20 p.m. A true record; Attest Michael Gibbons Recording Secretary 2021 ANNUAL TOWN MEETING Select Board Positions Chart as of 3-15-2021 Proposed SELECT CNSNT BOARD # Article Name (PC) IP DL JP SB JH MS PRSNTR 1 Notice Of Election Election Of Deputy Moderator And Reports Of Town DL Boards, 2 Officers And Committees 3 DL Y Y Y Y Y Appointments To Cary Lecture Series. 4 DL Y Y Y Y Y Appropriate FY2022 Operating Budget 5 JH Y Y Y Y Y Appropriate FY2022 Enterprise Funds Budgets 6 PC Y Y Y Y Y Appropriate For Senior Services Program 7 SB Y Y Y Y Y Appropriate For Municipal Organizational Assessment 8 JP Y Y Y Y Y Appropriate For 20/20 Vision Survey 9 MS Y Y Y Y Y Establish and Continue Departmental Revolving Funds Appropriate The Fy2022 Community Preservation Committee 10 Operating Budget And CPA Projects a) Park and Playground Improvements- South PC Y Y Y Y Y Rindge Avenue - $170,000 b) Park Improvements- Athletic Fields- Muzzey PC Y Y Y Y Y Field - $155,000 JP c) Community Center Mansion Sidewalk & Patio PC Y Y Y Y Y - $110,000 d) Playground Enhancements - Pour-in-Place PC Y Y Y Y Y Surfaces - $150,000 PC Y Y Y Y Y e) CPA Debt Service - $TBD Y Y Y Y Y f) Administrative Budget - $150,000 11 PC Y Y Y Y Y Appropriate For Recreation Capital Projects Appropriate For Municipal Capital Projects And 12 Equipment SB PC Y Y Y Y Y a) Transportation Mitigation b) Self-Contained Breathing Apparatus PC Y Y Y Y Y Replacement PC Y Y Y Y Y c) Townwide Culvert Replacement PC Y Y Y Y Y d) Equipment Replacement PC Y Y Y Y Y e) Sidewalk Improvements f) Storm Drainage Improvements and NPDES PC Y Y Y Y Y compliance g) Comprehensive Watershed Stormwater PC Y Y Y Y Y Management PC Y Y Y Y Y h) Street Improvements PC Y Y Y Y Y i) Hydrant Replacement Program Y Y Y Y Y j) Public Parking Lot Improvement Program Y Y Y Y Y k) New Sidewalk Installations Y Y Y Y Y l) Staging for Special Events PC Y Y Y Y Y m) Cary Library Network Upgrade Y Y Y Y Y n) Electric Vehicle Charging Stations Y Y Y Y Y o) Parking System 13 PC Y Y Y Y Y Appropriate For Water System Improvements. 14 PC Y Y Y Y Y Appropriate For Wastewater System Improvements 15 PC Appropriate For School Capital Projects And Equipment Y Y Y Y Y 16 Appropriate For Public Facilities Capital Projects PC Y Y Y Y Y a) Public Facilities Bid Documents b) Facility and Site Improvements: JH  Building Flooring Program; PC Y Y Y Y Y  School Paving & Sidewalks Program c) Public Facilities Mechanical/Electrical System PC Y Y Y Y Y Replacements d) Municipal Building Envelopes and Associated PC Y Y Y Y Y Systems PC Y Y Y Y Y e) Townwide Roofing Program f) School Building Envelopes and Associated PC Y Y Y Y Y Systems g) Center Recreation Complex Bathrooms & Y Y Y Y Y Maintenance Building Renovation Y Y Y Y Y h) Space Needs for School Year 2021-22 PC IP Y Y Y Y Y i) HVAC Improvements- IP Appropriate To Post Employment Insurance Liability 17 MS Y Y R Y Y Fund 18 PC Y Y Y Y Y Rescind Prior Borrowing Authorizations Establish, Amend, Dissolve And Appropriate To And From Specified 19 DL Y Y Y Y Y Stabilization Funds 20 PC IP Y Y Y Y Y Appropriate For Prior Years’ Unpaid Bills - IP Amend Fy2021 Operating, Enterprise And CPA 21 JH Y Y Y Y Y Budgets. 22 PC IP Y Y Y Y Y Appropriate For Authorized Capital Improvements.- IP 23 PC Y Y Y Y Y Appropriate From Debt Service Stabilization Fund Appropriate For Lexington High School Feasibility PC (if 24 Study JP ip’d) ? Y Y Y Y Y Amend Borrowing Authorization Conservation Land 25 Acquisition PC Y Y Y Y Y Petition General Court To Amend Legislation 26 Regarding Permanent Transportation Funding MS Y Y Y Y Y 27 Increase In Recreation Committee Membership PC Y Y Y Y Y 28 Reducing Noise From Landscaping Equipment - IP JP IP Y Y Y Y Y Clean Heat-Authorize Special Legislation To Regulate Fossil Fuel Infrastructure And Adopt Bylaw 29 Amendment Enabling Legislation MS Y Y Y Y Y 30 Full Inclusion Resolution. JP Y Y Y Y Y Street Acceptance: Penny Lane, Winding Road And 31 Luongo Farm Lane SB Y Y Y Y Y Amend General Bylaws-Receive Appraised Value For 32 Removed Trees MS W Y W Y W 33 Amend General Bylaws- Tree Bylaw: Data Collection And Education Y Y Y Y Y Motion 1 N N N N N Motion 2 JH Amend General Bylaws-Tree Bylaw Fees And 34 Mitigation Payments SB Y Y Y Y Y A 35 Amend Scenic Roads Bylaw (Citizen Petition) SB AB B AB AB AB Authorize Special Legislation-Development Surcharge 36 For Affordable Housing (Citizen Petition) JH N Y N N W Amend General Bylaws-Stormwater Management 37 (Chapter 114) DL PC Y Y Y Y Y 38 Amend General Bylaws-Trees (Chapter 120) - IP PC IP Y Y Y Y Y MS 39 Amend Zoning Bylaw-Historic Preservation Incentives JP W W W W W 40 Amend Zoning Bylaw-Retaining Walls- IP SB PC IP Y Y Y Y Y 41 Amend Zoning Bylaw-Structures In Setbacks DL W W Y W W 42 Amend Zoning Bylaw-Floodplain Management MS PC Y Y Y Y Y 43 Amend Zoning Bylaw- Technical Corrections-IP PC IP Y Y Y Y Y 44 Amend Zoning Bylaw-Use And General Regulations JH W W W W W Amend Zoning Bylaw & Zoning Map –Hartwell 45 Innovation Park. 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