HomeMy WebLinkAbout2021-06-28 SB-min
Select Board Meeting
June 28, 2021
A remote participation meeting of the Lexington Select Board was called to order at 7:01 PM. on
Monday, June 28, 2021 via Zoom remote meeting services. Select Board Chair Ms. Hai; Vice Chair Mr.
Lucente; and members Mr. Pato; Ms. Barry; and Mr. Sandeen were present, as well as Mr. Malloy, Town
Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
Ms. Hai stated that the meeting was being conducted via zoom as posted with the agenda on the Town’s
website, and members of the public may participate by clicking the link on the agenda .
Ms. Hai provided directions to members of the public, watching or listening via the Zoom application,
regarding the procedure for making a public comment.
Ms. Hai reminded Board members, staff, and members of the public about Lexington’s Standard of
Conduct regarding civil discourse during Town Government meetings.
TOWN MANAGER REPORT
Mr. Malloy announced that there have been no new Covid-19 cases in Lexington in the past
week. 84.4% of Lexingtonians over the age of 12 have been full-vaccinated.
Mr. Malloy reported that the lowest bid to construct the new Westview Cemetery building came
in 16% over budget. Mr. Malloy and DPW Director Mr. Pinsonneault will meet to discuss next
steps in light of this setback.
Mr. Malloy noted that the Police department equity audit report, compiled by Carmen Ortiz of
Town Counsel’s office, includes 31 recommendations. At the July 12, 2021 Select Board
meeting, Mr. Malloy will provide a status update on how the department is progressing in
addressing the recommendations.
Lexington’s MWRA Water assessment is approximately $40,000 lower than expected; the Sewer
assessment is about $55,000 lower.
A Traffic Safety Officer has been named from within the ranks of current staff, as requested by
the Select Board.
The new weather station at the Public Works facility will provide more accurate forecasting.
20-mile per hour speed limit signs will be posted in the Center by mid-week. Mr. Pinsonneault
said the change is already being announced via two sign boards. Interim Chief McLean said there
would be a couple of weeks of educational enforcement, during which time traffic personnel will
make stops as necessary to inform motorists of the change to a lower speed limit. The reduced
speed area is on Mass Ave, from somewhat further east of Woburn Street to somewhat further
west of the Minuteman statue on the Green. A map of the area is available on the Town website.
Mr. Pinsonneault reported that the Garrity town pool has been closed temporarily because a pump part is
needed. He noted that if the recently finished renovations had not occurred, three pools instead of only
one would now be closed since before the renovations the pools had shared a single pumping system. Ms.
Hai asked Mr. Malloy to keep the Select Board informed on the pool’s status. Mr. Malloy agreed to do so
and added that the Public Information Officer would disseminate information re: the pool’s status via the
Town website and other relevant messaging platforms.
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CONSENT AGENDA
1. Select Board Committee Appointment and Reappointments
Ms. Hai noted that some re-appointees’ names have been held back because their ethics training
certification is not current. These applicants will once again become eligible for re-appointment once
training is complete.
Executive Clerk Ms. Katzenback stated that applicants for reappointment were notified six weeks ago that
they needed to complete ethics training and the Select Board office has gently reminded them every two
weeks. Ms. Hai said, at a certain point, the Board will have to decide what to do if applicants remain out
of compliance.
Reappointments are as follows:
Community Preservation Committee: Reappoint David Horton, Jeanne Krieger and Joseph Pato to a two-
year term ending on June 30, 2023. State Conflict of Interest Law Online Training is up-to-date.
Executive Clerk: Reappoint Kim Katzenback, for a one-year term as Executive Clerk to the Select Board
ending June 30, 2022. State Conflict of Interest Law Online Training is up-to-date.
Interim Keeper of the Lockup: Reappoint Interim Police Chief Michael McLean as Interim Keeper of the
Lockup, for a one-year term is ending on June 30, 2021. State Conflict of Interest Law Online Training is
up-to-date.
Minuteman Advisory Group for Interlocal Coordination (MAGIC): Reappoint Jill Hai to MAGIC, for a
one-year term is ending on June 30, 2021. State Conflict of Interest Law Online Training is up-to-date.
Town Celebrations Committee: Reappoint William "Glen" Bassett, Stephen "Steve" Cole, Jr., Cerise
Jalelian, Julie Ann Miller, Sandra Podgorski to a three-year term ending on June 30, 2024. State Conflict
of Interest Law Online Training is up-to-date.
Town Celebrations Subcommittee: Reappoint Yifang Gong, Samita Mandelia, Rita Pandey, Susan
Stering, Samuel Zales to a one year term ending on June 30, 2022. State Conflict of Interest Law Online
Training up to date.
DOCUMENTS: June 2021 TCC & TCC Subcommittee Reappointments
2. Water and Sewer Commitments
Water & Sewer Commitment Cycle 9 April 2021 $ 230,952.32
Water & Sewer Commitment May Finals 2021 $ 6,698.44
DOCUMENTS: Cycle 9 April 2021; May Finals 2021.
3. Vote to Name Town Manager as Administrator for Resales -Chestnut Lane
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve the
Consent Agenda.
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ITEMS FOR INDIVIDUAL CONSIDERATION
1. Approve Amendment to the Regional Housing Services Office Agreement
This amendment is being proposed due to a decrease in Lexington’s member cost, caused when Maynard
joined the consortium.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to authorize the
Town Manager to execute the amendment to the agreement between the Town of Lexington and the
Regional Housing Services Office for FY22.
DOCUMENTS PRESENTED: FY22 RHSO IMA Amendment
2. Review and Approve Amendment to Community Choice Aggregation
A consensus of the Board is requested as to whether to move forward on a proposal to amend the current
Community Choice Aggregation Plan.
Stella Carr, Sustainability Director, offered two possible amendments:
1) Add a nominal operational “adder fee” (roughly 80 cents per household per month)
2) Authorize the town to provide low-income community solar through the aggregation.
Mr. Lucente asked if other communities had already adopted these changes. Paul Gromer of Peregrine
Energy Group, a consultant for the Town re Community Choice Aggregation, reported that the fee
(expressed in Option #1) is not yet what he would call commonplace, however communities such as
Cambridge, Worcester, Nantucket, and Grafton have instituted it. Option #2 (for low-income community
solar) is a newer opportunity. Mr. Gromer believes there will be a lot of interest in it.
Mr. Lucente said he wants to learn more about the low-income solar option but is not ready to move
ahead at this time. About the adder fee, Mr. Lucente said he is uncomfortable adding another cost for
residents, even though it is small, especially since it is unclear what the revenue would be used for.
Mr. Pato said he is more familiar with the two proposals because he was in attendance at the Sustainable
Lexington meeting when the same presentation was given. His priority is to make sure that the fee would
not push the cost of 100% renewable, locally sourced energy higher than conventionally sourced energy.
Mr. Pato said he nonetheless recognizes there is a cost to paying the staff to work on sustainability issues
for the Town and he is not opposed to finding ways to offset those costs. He further noted that low-
income households would benefit from the solar program and that competition for the funding will
become fierce once the project is ready to launch and he would like Lexington to be ready to take action.
Ms. Hai said she, too, is uncomfortable adding a fee without an identified purpose for the revenue,
although if a proposal is made that includes a purpose, she is open to considering it. She also agreed it
would be advantageous for Lexington to be poised to act on the low-income solar funding.
Ms. Barry reported that she did not receive all the supporting detail for this item in a timely fashion. She
suggested that when new information is introduced, members with deeper knowledge consider helping
others on the Board via one-on-one meetings to shorten the Board’s learning curve.
Ms. Barry asked whether the revenue from the fee had to be used for things related to electricity and
solar. Ms. Carr said the Department of Public Utilities (DPU) requires the fee revenue to be dedicated to
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items/initiatives within the energy realm. There is also a required reporting mechanism for how the fee
revenue is being used. Informing customers of the fee is another requirement.
Mr. Gromer noted that the fee would not appear as an additional line item on a bill; it would instead be a
slight increase in the electric supply rate. The fee would be called out, however, in general informational
materials about the program.
Addressing Mr. Pato’s concerns about cost, Ms. Carr said it is her understanding that the fee would be
implemented only during points in the pricing cycle when the fee would not cause the cost to rise above
conventionally sourced energy. Mr. Gromer added that, once the fee has been authorized, the Town could
decide every six months if it would be collected or not. Ms. Barry said she finds this confusing and less
than transparent.
Ms. Barry asked who would qualify for the low-income program. Mr. Gromer said those who qualify for
the low-income discount utility rate would be eligible.
Mr. Sandeen is strongly supportive of the Community Choice solar program that would simply and
directly provide Lexington’s low-income residents with lower electricity bills \[Option #2\]. Regarding
Option #1, he would want to see specific programs proposed before agreeing to an operational adder. Of
the types of programs proposed by Ms. Carr, Mr. Sandeen would not be supportive of using an
operational adder for educational or marketing campaigns, but would only want to see the adder used for
programs that provided a direct benefit to Lexington residents in transitioning to clean energy sources.
DOCUMENTS PRESENTED: Updated Memo from Sustainability Director; Presentation—Lexington
Community Choice Program
ACTION ITEMS: Ms. Carr will provide additional detail at a future Board meeting.
3. Award Sale of Bond Anticipation Notes
Ms. Kosnoff said that on Wednesday, June 23, 2021, the Town sold $4.3M worth of Bond anticipation
notes. The interest rate of the Bond was very favorable. The best bid was from Piper Sandler and Co. with
a .2189 net interest cost which includes a $27,240 premium.
This note will help finance construction that occurred last spring, plus the Hill Street sidewalk, the Town
Center Streetscape project, Water and Sewer improvements, sidewalk improvements, and completion of
items remaining on the open article list.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve the
sale of $4,303,439 1.25 percent General Obligation Bond Anticipation Notes of the Town dated June 30,
2021 and payable February 11, 2022 (the “Notes”) to Piper Sandler & Co., at par and accrued interest,
plus a premium of $27,240.77.
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 June 16, 2021, as revised June 22, 2021 and
a final Official Statement dated June 23, 2021, each in such form as may be approved by the Town
Treasurer, be and hereby are ratified, confirmed, approved and adopted.
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
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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 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 undertakings shall be incorporated by reference in
the Notes, as applicable, 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 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 PRESENTED: June 23, 2021 BAN Sale Results; June 23 2021 BAN Purposes
ACTION ITEMS: The sale of the notes will close on Wednesday, June 30. Select Board and Town staff
will sign closing documents.
4. Review Request for Keno—Waxy O’Connor’s, 94 Hartwell Avenue
The Massachusetts Lottery Commission notified the Select Board, via certified mail, that it had received
an application from Waxy’s Irish Restaurant, 94 Hartwell Avenue, for a full Keno License. While the
Select Board does not approve Keno applications, municipalities have the right to submit objections to the
MA Lottery Commission within 21 days of receipt of the MA Lottery Commission notification. In order
to object to a full Keno License at 94 Hartwell Ave, a written response from the Select Board must be
received by the MA Lottery no later than July 6, 2021. If not received by the deadline, the MA Lottery
Commission would proceed in moving forward in the application approval.
Ms. Katzenback said she notified the applicant that the Select Board would be discussing the application
tonight and the applicant confirmed receipt of the invitation. A representative from Waxy’s was
determined not to be present.
Mr. Pato said the research he has done via meeting minutes into past Select Board deliberations about
previous full Keno license requests, coupled with the fact that Waxy’s is applying for the type of license
that includes a video screen format— rather than the Keno-to-Go format (as all but one other Lexington
Keno locations have)— leads him to object to Waxy’s application. The other Board members concurred.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to object to a full Keno
License for Waxy’s Irish Restaurant, 64 Hartwell Avenue and to authorize the Select Board Chair to sign
the letter to be sent to the Massachusetts Lottery Commission stating the Board’s objection.
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DOCUMENTS PRESENTED: 2021.og.15 MA Lottery Notification to SB regarding Keno Application
Waxy’s; Keno License History
ACTION ITEMS: Ms. Katzenback will draw up the letter to be sent to the Massachusetts Lottery
Commission: Ms. Hai will sign and send the letter.
5. Noise Advisory Committee Presentation—Proposed Updated Motion for a Town Meeting
Article to Reduce Noise for Landscaping Equipment.
At the 2021 Annual Town Meeting (ATM), Article 28 - Reducing Noise from Landscaping Equipment
was indefinitely postponed (IP'd). Dan Koretz, Chair of the Noise Advisory Committee, provided an
update on the Committee's work done since on the article; he presented a proposal for a future Town
Meeting article.
Mr. Koretz stated the proposed article/motion would revise the current Noise bylaw’s section 80 in order
to protect residents from noise pollution (as defined by current code) that is caused by landscaping
equipment. Gas powered leaf blowers are the primary focus because they operate at high decibels and
produce highly toxic conditions in the form of volatile organic compounds, small particulates, and
carcinogens plus other adverse environmental effects. They also exceed the current noise limit in the
code; enforcement of Section 80 is impractical without amendment.
As requested by the Select Board, the Noise Committee conducted outreach to landscapers. Substantial
revisions have subsequently been made to the proposed amendment based on that feedback.
Mr. Lucente suggested changing the approach and wording of the presentation to be clearer about what is
being proposed and how the amendment would change how residents and landscapers can do yardwork in
Lexington. He questioned the legitimacy of comparing construction and excavation noise to lawn
maintenance services, as the Noise Committee has done. He also questioned the hours as written in the
proposal.
Town Counsel Mina Makarios noted that the Noise bylaw applies every day of the year to noise produced
by “domestic mechanical equipment” between the hours of 9 p.m. and 7 a.m. although there are
exceptions for circumstances such as snow removal and emergencies.
Mr. Pato said that the revisions go a long way to satisfying the concerns of landscaping merchants but he
worries they do not do enough to address residents’ concerns. He believes the sound level/decibel rating
is too high; he would like the amendment to set a lower limit.
Ms. Hai agreed, saying she thinks there is more work to be done on the amendment. She agrees that the
analogy of leaf blowers and pneumatic drills is not appropriate in terms of noise and reverberation.
Ms. Barry asked if any outreach was conducted in the general domain rather than through social media
platforms. Mr. Koretz said the Committee used the DPW’s permit lists for landscapers and searched
through professional association databases. Newspaper solicitation/notification was not used.
Ms. Barry said she believed residents should also be asked to provide feedback, not only landscape
companies. Mr. Koretz said that even though landscapers were the primary focus of the Committee’s
outreach, 65 residents provided comments, 90% of whom complained about landscaping noise, with 50%
of those residents specifically asking that gas-powered leaf blowers be banned.
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Town Counsel Makarios noted that the language about commercial landscaping in the proposed
amendment was crafted to provide flexibility for residents who do their own landscaping. However, since
it is noise being regulated, distinction should not be made between commercial noise and homeowner
noise. Mr. Makarios reported that there is also an emergency carve-out for the entire noise bylaw.
Mr. Koretz stated that four Town entities have authority to enforce the Noise Bylaw: The Health
Department, the Police Department, the Fire Department, and the Building Commissioner. He believes,
however, that the Town’s system for handling complaints leaves room for improvement because there is
no uniform way to address complaints using a fragmented system.
Ms. Hai said getting feedback from the various Town departments would be another good next step for
the Noise Committee.
Ms. Barry asked whether the Town currently allows landscaping operations on Sunday. Chief McLean
answered that the Town does not currently allow landscaping operations on Sunday. Ms. Barry stated that
if landscaping operations are currently prohibited on Sunday that she would request that the Noise
Committee not allow operations on Sunday in their proposal.
In response to Mr. Pato’s comments about decibel limits, Mr. Koretz said the Committee is addressing
ways to scale down to lower levels.
David Kanter, Precinct 7 Town Meeting Member, asked for a phase-out date to be included for high
decibel equipment so it is not left open-ended.
Dawn McKenna, Precinct 6 Town Meeting Member, asked that particular attention be paid to prohibiting
loud machinery on Sunday mornings.
ACTION: The Noise Advisory Committee will make further revisions to the proposed
amendment/motion that include feedback from Town departments and wrapping in the existing
prohibition against Sunday commercial landscaping as stated in a bylaw that pre-dates the Noise Bylaw.
DOCUMENTS: Lexington Noise Advisory Committee Presentation; Working Draft Landscaping
Revised Noise Bylaw; June 2021 Note to Landscapers about revisions.
6. Review Request for Mt. Independence Local Historic District
Mr. Pato recused himself from this item because his home is within the 500 ft abutter radius of the
proposed district.
The Board discussed authorization of the Historic Districts Commission (HDC) as a study committee.
Results of the study are to be submitted for further determination or subsequent action. Action was not
taken on the actual creation of a district.
Anne Laurin Eccles, Chair of the Historic Districts Commission; and Wendall Kalsow, 25 Summit Road,
presented information about a citizen initiative to establish a new Historic District on Mount
Independence. The area in question contains six houses and two vacant wooded lots as well as an unpaved
portion of Bridle Path. Landscaping was designed by Frank Law Olmstead. The base of an observation
tower constructed in 1835 is within the area’s boundary, as are other notable and unique architectural
specimens. The Massachusetts Historical Commission recommended that 12 Summit Road, 52 Follen
Road, and the unpaved portion of Bridle Path be included in a national register district.
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Mr. Lucente asked whether the impetus behind the proposal was due to a development/construction
proposal. He asked Town Counsel to report what the legal exposure is of creating a district if, in fact, a
building permit has already been granted and/or a demotion delay is in process.
Ms. Eccles said her research shows that virtually all the communities currently creating new historic
districts have done so in response to proposed development to properties, most of which are under a
demolition delay.
Town Counsel Makarios confirmed that creating a new historic district to challenge a proposed
development is common; case law has generally sided in favor of towns rather than developers. The only
complication Lexington might have would be due to the way the existing historic districts were created
and how Lexington’s own Special Act regulates them. The Special Act does not prohibit the creation of
additional districts, but it does not describe how to create or oversee a new district. The Town would
have to act on this initiative within one year, due to the remaining time on the demolition delay.
Ms. Barry, Mr. Sandeen, and Ms. Hai approved of creating a study group within the HDC. Mr. Sandeen
said he would like to hear from residents of the area. Ms. Eccles reported that feedback from residents is a
large part of the work the study group would do.
Bob Westervelt, 52 Follen Road, approved of creating the study group and of ultimately creating a new
historic district.
Bill Widnall, 22 Summit Road, reported that he and his wife enthusiastically approve of including their
home, and the other properties they own on Follen Hill, in the new historic district.
David Kanter, Precinct 7 Town Meeting Member, asked what the deadline is and which Town Meeting
would address the articles. Ms. Hai reported it would be necessary to target Special Town Meeting in the
fall of 2021.
Mr. Kanter asked if the residents on the unpaved portion of Bridle Path would be able to improve the road
once it became part of an historic district. Mr. Kalsow reported that this portion of Bridle Path is an old
walking path that could be restored as such but it is not suitable for vehicular traffic.
Mr. Kanter noted that two properties on the site map are not included in the scope of the proposed district.
Mr. Kalsow stated that the houses on those properties do not conform to historic preservation criteria.
In the name of historic preservation, Lori Benjes, 4 Summit Road, conveyed her wholehearted support for
the creation of a new historic district that would include her home.
Epp Sonin, 104 Follen Road, agreed that the unique homes in the proposed district should be preserved.
David Greenblatt, 14 Bridle Path, said the historic nature of the area on Independence Hill should be
preserved.
Melinda Walker, 14 Larchmont Lane, said that Town Meeting recently voted to consider systemic racism
in all decisions and planning processes. She stated that preservation comes at a price and can perpetuate
racial and economic inequality.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 by roll call to appoint the
Lexington Historic District Commission, in accordance with Massachusetts General Laws Chapter 40C
section 3 & 4, to investigate the desirability of establishing an historic district in the Mt. Independence
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area of Lexington, and report on the historical and architectural significance of the buildings, structures or
sites to be included in the proposed historic district, such report to be submitted to the Select Board, the
Planning Board and the Massachusetts Historical Commission for their respective consideration and
recommendations.
ACTION: The HDC to perform study, send a letter/preliminary report to the State Historical
Commission; present findings to the Select Board and the Planning Board before two articles would
appear on the Special Town Meeting 2021 warrant for approval.
DOCUMENTS: Presentation; 2021.05.25 Letter of request for determination of New Local Historic
District; May 11. 2021 MA Historic Commission letter re 12 Summit Road; MGL Chapter 40C Section 3/
Section 4.
Mr. Pato rejoined the meeting.
7. Review Request for Visitors Center Short-Term Parking & Turnaround Pilot Program
Dawn McKenna, Chair of the Tourism Committee, presented information about a short-term parking pilot
program for six spaces in the part of the Depot Lot nearest to Meriam Street and the Visitors Center. The
15-minute parking spaces would be open to all, not just users of the Visitors Center. The pilot period
would conclude at the end of October.
Mr. Pato said he is not opposed, particularly because the six spaces would be available to all. He asked if
the proposed second egress on to Miriam Street is necessary since Edison Way provides an exit back on
to Mass Ave.
Mr. Malloy said that the second egress onto Miriam Street has already been in use for a couple of months
and there have been no complaints from residents. Ms. McKenna said that the Edison Way exit does not
solve the problem of people coming down Meriam Street and not knowing how to get back onto Mass
Ave.
Ms. Barry supported setting aside six parking spaces for short-term as requested. Ms. Lucente and Ms.
Hai said they believed this pilot would solve a long-term problem.
Mr. Sandeen asked what the measurable success criteria would be for the pilot program would be
measured. Mr. Malloy said it would be a success if the spaces were used but enforcement of the time limit
would be difficult.
Ms. McKenna stated that a similar pilot was tried several years ago and the spaces were used.
David Kanter, Precinct 7 Town Meeting Member, asked whether the Center Streetscape work would pose
complications for the pilot. Mr. Malloy said an analysis of this has not been done but he believes the lot is
far enough away from the Center Streetscape work not to cause complications.
ACTION: Mr. Malloy will have appropriate signage made as soon as possible for six parking spaces
nearest to the Visitors Center for free fifteen minute parking.
DOCUMENTS: Dawn McKenna request email.
Ms. Hai called a 4-minute recess at 9:11 p.m. The Board reconvened at 9:15 p.m.
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8. Discuss Memorial Bench Request at Center Track & Bench Acceptance Policy
A request was submitted to place a memorial bench at the center track in memory of Lisa George Cox an
LHS alum, Lexington resident, and one of the LHS Track Coaches who passed away earlier this year. The
Recreation Committee reviewed the application and voted unanimously on May 19, 2021 in favor of the
installation of a memorial bench at the Center Track.
Mr. Malloy said that according to Massachusetts General Law Ch. 44, Section 53A, a department head
can accept contributed funds but those funds cannot be expended without Select Board approval.
Donation of personal property to a Town is regulated by Massachusetts General Law Ch. 44, Section 53A
½ which also requires Select Board approval. Mr. Malloy stated that the reason why Select Board
approval is required is because there may be the need for upkeep/maintenance for a gift that bears fiscal
ramifications.
Ms. Katzenback said her research into past records shows that this particular Select Board approval
requirement has not been adhered to. Mr. Pato pointed out that approval has always been required in
terms of naming of buildings and the placement of memorials. Ms. Hai further clarified that donation of
funds can proceed without Board approval but expenditure of the funds does require approval.
Melissa Battite, Director of Recreation and Community Programs, said she has worked with DPW
Director Dave Pinsonneault and Ms. Katzenback on the particulars of the acceptance of this donation.
Ms. Barry whole-heartedly approved of accepting the gift of the memorial bench. Mr. Lucente concurred
but asked, in terms of bench policy, whether the Board would want input from the Monuments and
Memorials Committee before making future determinations.
Mr. Pato said he did not believe input was needed from the Committee unless the proposed bench was
outside the Town program wherein donated funds are matched with the existing teak bench program. Ms.
Hai concurred.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to accept the bench at the
center track in memory of Lisa George Cox.
ACTION: Mr. Lucente will have a discussion with the Monuments and Memorials Committee to
determine how the Committee might offer feedback about benches that fall outside the teak bench
program.
DOCUMENTS: Memoria Bench Application Rec Center Field—Lisa George-Cox; Recreation
Committee vote to accept Bench for Center Field; MGL Ch. 44 Sec 53A; MGL Ch. 44, Sec. 53A 1/2
9. Approve Extension Request for Commercial Use of Town Property Post-Covid
Ms. Battite reported that local businesses, such as yoga instructors, have taken advantage of being
allowed to operate out-of-doors during the pandemic. Business owners and patrons, both, would like to
continue being able to use public spaces. Ms. Battite ad Mr. Malloy recommend extended permission
until the end of the calendar year as a way to continue to support local businesses, even though the
Community Center and Town buildings have restored their pre-pandemic capacity limits.
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Mr. Pato agreed but added that he would like a future agenda item to openly discuss generally broadening
the outdoor use policy. Mr. Sandeen concurred. Mr. Lucente said he is not ready to say this extended
permission should continue in perpetuity. He has fairness concerns and wants to make sure that
competing needs, such as school activities, don’t cause conflict. He agreed, however, to extend the
allowance now and discuss general policy at a later date.
VOTE: Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to continue to waive
the portion of Item 8 which reads, "engage in business activity" under the Parks and Recreation Facilities
Policy to allow the use of Town property for business activities during the current pandemic until
December 31, 2021.
ACTION ITEMS: Ms. Hai and Mr. Malloy will discuss the particulars of a more expansive policy and
place the topic on a future agenda.
DOCUMENTS PRESENTED: Commercial Use request; Outdoor Yoga; Selectmen Regulation
10. Discuss Select Board Report for Fiscal Year 2021 Annual Town Report
The Board tried to create a rough outline about which items to include or remove from the Annual Town
Report this year.
ACTION: Ms. Hai and Ms. Katzenback will put together an outline, possibly using the 2011 Select
Board’s Town Report submission called “Getting Things Done” as a template. Ms. Hai will assign topics
to members to summarize for the report.
DOCUMENTS: FY20 Annual Town Report—Select Board Report; FY20 Annual Town Report—
Message of the Select Board; Select Board Report to 2021 ATM.
11. Discuss Future Select Board Meetings – Select Board Meeting Schedule and Future Goal
Setting Sessions
Ms. Hai said one of the issues up for discussion is whether or when to move from virtual meetings to
either hybrid or fully in-person meetings, now that the pandemic appears to be winding down. Also up for
discussion is how to hold the Board’s Goal Setting Session. She asked Board members to report how they
feel about meeting in person and she asked how technology challenges would be handled in a hybrid
model.
Ms. Hai further noted that the State’s Select Board Association is having a session on July 28, 2021 to
share how some communities have used CARES Act funding to purchase technology needed to conduct
hybrid meetings.
Ms. Hai said she believes the Board works best when members are together, instead of virtual, so she
would like to work toward the goal of meeting in person, with appropriate staff, but allowing the public to
remain remote.
Ms. Lucente said he is comfortable being together but wants to do a test run of a hybrid model before
committing to that format.
Mr. Malloy reported that the Town’s IT Department has purchased the OWL technology that would be
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used for the hybrid format. Tim Goncalves, Director of Information Technology, reported that he is
impressed with the OWL technology.
Mr. Pato believes he will be comfortable being in person by the fall, if the pandemic trendline continues
to move downward. He agreed that the technology should be thoroughly vetted before going live.
Ms. Barry said she is comfortable being in person and with using a hybrid model but she asked members
to be cognizant of what is being asked of staff members.
Mr. Sandeen said he is not comfortable going back to meeting in person because of space and ventilation
challenges.
Ms. Hai stated a trial with the hybrid model, in which two Select Board members remain remote, will take
place.
Mr. Malloy reported that the ventilation study done on Town Buildings showed Battin Hall in the Cary
Memorial Building had adequate ventilation plus that space is larger than the Select Board Meeting
Room. Ms. Hai said the Battin Hall location should be included in the technology trial.
The Goal Setting meeting might be possible in person under the Community Center tent or at Cary Hall
but a mixture of in person and remote would challenge the intimacy of the goal setting discussions.
ACTION: Ms. Hai will submit a couple of possible meeting scenarios for her colleagues to consider. Ms.
Hai and Mr. Malloy will look at the calendar to schedule the Goal Setting meeting(s) and discuss whether
to use an outside facilitator or identify a staff member with appropriate skills.
DOCUMENTS: Copy of Select Board Proposed 2021 Meeting Schedule; Select Board Goals; Wortmann;
Novak.
12. Vote Remote Work Policy for Select Board Office Staff
ACTION: Mr. Pato will write a draft motion and submit it to the Board for review and inclusion in the
next meeting’s Consent Agenda.
DOCUMENTS: Remote Work Policy Redline; Remote Work Policy Clean
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
Ms. Barry said she would like to move toward written Concerns and Liaison Reports. Ms. Hai agreed and
added she would like to find ways to generally streamline the meetings. Written liaison reports will be
included in the meeting packet for the July 12, 2021 meeting. Time would be allowed during the meetings
for questions and clarification of the members’ concerns and reports.
ADJOURN
Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to adjourn the meeting at
10:16 p.m.
A true record; Attest:
Kim Siebert, Recording Secretary
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