HomeMy WebLinkAbout2020-06-10 SB-min
Select Board Meeting
June 10, 2020
A remote participation meeting of the Lexington Select Board was called to order at 5:04 PM. on
Wednesday, June 10, 2020 via Zoom remote meeting services. Select Board members 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.
Mr. Lucente stated that the meeting was 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 directions to members of the public, watching or listening via the Zoom
application, regarding the procedure for making a public comment.
Mr. Lucente reminded Board members, staff, and members of the public about Lexington’s Code
of Conduct regarding civil discourse during Town Government meetings.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
Mr. Pato said he attended a meeting of the Massachusetts Municipal Association Policy
Committee regarding Public Works. A number of items of interest are coming down from the
State level; he will report more fully at a future meeting of the Board.
Ms. Barry:
The Recreation Committee met on June 2, 2020 and took several votes, the most
significant of which was that the Town Pool will not be open this summer. The Reservoir
(the Res) is also not open due to renovation of the bath houses. Any class or clinic that
would have been held at the pool or the Res has therefore been cancelled. However, the
Recreation Committee will be launching some activities online; residents should remain
alert for announcements on the Town’s website and/or social media channels.
The resurfaced Town track at the Center Recreation Complex may open by the end of
June but finishing/striping work could cause delays.
Mr. Sandeen:
The Transportation Advisory Committee (TAC) is revising Lexpress routes as required in
order to re-start service. Two public information sessions to solicit public input are
scheduled for June 23, 2020. Once feedback has been received, TAC will ask to present
the revised schedule to Select Board.
The Noise Committee has received several complaints from residents due to water main
construction on Watertown Street. The neighbors have asked the Committee for more
information about when the new Noise Bylaw will go into effect. Mr. Malloy reported
that once a bylaw passes Town Meeting, the Town Clerk must submit it to the Attorney
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General within 30 days. Once the State approves it, the bylaw becomes official. Mr.
Malloy asked Mr. Sandeen to convey specifics of the noise complaint to him so staff can
follow up.
TOWN MANAGER REPORT
Mr. Malloy reported that he and Mr. Lucente met to begin the discussion of what actions
the Town might take to address racial inequity and social injustice issues. Mr. Malloy
stated that he does not see any of the same issues in Lexington that are of concern
nationally.
As a starting point, Mr. Malloy proposed that the Town adopt a three-pronged approach:
establish a Town Manager’s Task Force that would, with the Police Department, take a
closer look at Police Department practices; hold a facilitated community conversation,
possibly—as the Town of Arlington has done— with a facilitator from the National
League of Cities’ Racial Equity and Leadership program or similar organization; have a
third-party review of Town policies/bylaws/regulations to ensure there are no
discriminatory biases inherent in the codes.
With the assistance of the Police Chief, Mr. Malloy will meet with the two Police unions
to discuss how to move forward together in partnership. Mr. Malloy stated that the
Lexington Police Department’s expertise is of great value to the community.
Mr. Malloy will continue to pursue the course of action described above and report back
to the Select Board at the next meeting. Mr. Lucente encouraged Select Board members
to contribute additional ideas to be discussed.
Ms. Barry said, after discussing the matter with Town Counsel, she will have to step
away from these discussions due to conflict of interest. She read this statement:
“As the Board is aware, my husband works for the Town of Lexington Police
Department. Due to the sensitivity of the issues to be discussed, and to avoid any
appearance of conflict or questions as to whether the Board can impartially address these
issues, I will be recusing myself from this discussion regardless of whether or not there is
a financial interest conflict under the State Ethics Act, Massachusetts General Law
268A.”
Today, the Town issued just over $20M in bonds over a 15-year period. Due to the
competitive bond market and Lexington’s Tripe A bond rating, the True Interest Cost rate
(TIC) Lexington received was a very favorable 1.1315%. Mr. Malloy noted that this is
extremely positive for the budget; most interest rate projections the Town uses in its
calculations are 3 or 3.5%. The lower TIC will save significant money. The Select Board
expects to sign the bonds at its next meeting, although the mechanics will be somewhat
different due to the virtual format of the meetings.
A Doodle poll to schedule Town Counsel applicant interviews will be sent out tonight so
Select Board members can fill in their availability.
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ITEMS FOR INDIVIDUAL CONSIDERATION
1. 2020 Annual Town Meeting and Special Town Meeting
Mr. Lucente thanked the Board and staff members for making Town Meeting possible in the face
of significant and unusual obstacles. He sees this year’s Town Meeting as a particularly proud
moment for Lexington. The other Board members concurred with Mr. Lucente’s sentiments. Ms.
Barry noted a lot of business was deferred to the fall and strategic thinking will be important
about how to manage the accumulated workload.
2. Reorganization of the Board
Ms. Katzenback took nominations for Board Chair. Ms. Barry nominated Mr. Lucente for Chair.
As there were no other nominations for Select Board Chair, Ms. Katzenback closed the
nominations.
By roll call vote, the Select Board unanimously voted to approve Mr. Lucente as Select Board
Chair for a second one-year term.
Ms. Katzenback took nominations for Board Vice Chair. Ms. Barry nominated Ms. Hai for Vice
Chair. As there were no other nominations for Select Board Vice Chair, Ms. Katzenback closed
the nominations.
By roll call vote, the Select Board unanimously voted to approve Jill Hai as Select Board Vice
Chair for a second, one-year term.
3. Covid-19 Update Discuss Strategies, Implementation and Community Response Actions
Related to Covid-19 Guidelines and Directives
Mr. Malloy stated that Lexington’s total number of Covid-19 cases now stands at 318. All Town
departments are preparing for staff to return to Town office buildings with 25% of personnel
working onsite and 75% working remotely for the remainder of Phase 1. Town buildings will not
immediately be open to the public. The Library and the Community Center are reviewing their
plans; the DPW and Public Facilities departments are both returning to full schedule as of June 1,
2020. The Return to Work task force is completing a review which has been presented to the
unions; meetings have occurred with the two unions that asked the Town to provide
clarifications. An Industrial Hygienist has been engaged to make recommendations for the
buildings and facilities. The Senior Management Team will continue holding Wednesday
morning conference calls at which concerns are discussed. The Economic Development
department has been working with Public Works, Police, Fire, Health, Planning, and the Town
Manager’s Office to draft guidelines for businesses and restaurants to re-open in some capacity
Dr. Heiger-Bernays, Chair of the Lexington Board of Health, said that the Board of Health
receives updated Covid-19 data every Wednesday from the State. The report allows the Board to
better make local decisions. The data is also being posted on the Town’s website.
4. Discussion of Reopening Lexington Businesses and Restaurants—Town-wide Planning
and Communication
Mr. Malloy said staff in the Economic Development office have been coordinating with
relevant Town departments, local businesses, local restaurants, and the Chamber of Commerce to
review standards in other communities and to develop guidance for possible use of
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sidewalk/outside seating. He asks the Select Board to comment on this guidance prior to
releasing the document.
One suggestion Mr. Malloy received was to name the Town Manager “Deputy Liquor Licensing
Authority” so that re-opening applications can be processed quickly. This would apply
specifically to restaurants with liquor licenses that request outdoor seating approval.
Sandhya Iyer, Economic Development Director; and Casey Haggerty, Economic Development
Coordinator, presented the overview of what the re-opening group proposes, based on the
research conducted and the data collected. Some of the topics discussed included: alcohol take-
out from restaurants with on-premise licenses; outdoor table distancing and party size; creation
of standardized wall signs and and floor markings and distribution of signage to restaurants and
shops.
Applications for business re-openings have been revised to reflect Covid-19 protocols as
established by the public health and public safety departments. The format of the business re-
opening application is based on the application crafted by the City of Salem. Lexington’s
restaurant guidelines re: communal seating are based on the Town of Needham’s guidelines.
Ms. Haggerty reported that applications are ready to go for public property and private property
seating models once the Board gives approval. Picnic tables can be set out and parklet seating
areas can be cordoned off immediately.
Operational safety protocols for re-opening include:
Close or reconfigure worker common spaces and high-density areas where workers are
likely to congregate (e.g. break rooms, eating areas) to allow 6 feet of physical
distancing; redesign work stations to ensure physical distancing (e.g. separate tables,
stagger workstations on either side of processing lines so workers are not face-to-face,
use distance markers to assure spacing including the kitchen area);
Establish directional hallways and passageways for foot traffic, if possible, to minimize
contact (e.g. one-way entrance and exit to the restaurant). Post clearly visible signage
regarding these policies.
Prohibit lingering in common areas (e.g. waiting areas, bathrooms) and ensure social
distancing in common areas by marking 6 feet spacing with tape or paint on the floor and
signage;
All customer-facing workers (e.g. servers, bus staff) must minimize time spent within 6
feet of customers.
Ms. Barry asked how many liquor licenses Mr. Malloy would need to authorize if he was made
temporary a Deputy of liquor licensing. She believes it is important for the Board to interview
new applicants or when a change in management occurs. She would not be in favor of a
permanent deputization but supports it for existing licenses.
Ms. Barry asked Dr. Heiger-Bernays what the Board of Health’s (BOH) position is on communal
dining and how it would be regulated and monitored.
Dr. Heiger-Bernays said communal dining is a subset of larger issues. Because a large surge of
the virus is expected, everything to do with the re-opening plan should be reviewed by the BOH.
State guidance about matters such as communal dining are being crafted by municipalities in the
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absence of sufficient guidance from the State. Decisions such as distance between patrons;
timing between seatings; table sanitation; education and oversight to ensure compliance; are
complicated and require coordination among all Town entities, including the BOH.
Dr. Heiger-Bernays said that metrics/criteria to support or delay re-opening should be created.
Governor Baker has given municipalities permission to re-open but the specifics have to be
deliberated town by town. She suggested that tonight’s presentation, together with the Board’s
responses, should result in a list of questions to be discussed by the BOH and Public Health staff
at the next BOH meeting. The objective is to make decisions deliberately that are consistent and
transparent.
Mr. Sandeen said his impression of the long list of re-opening requirements is that the Town
might have a capacity problem when it comes to oversight. He also has concerns about use of
public bathrooms. He asked for clarification about how much of the Center would be cordoned
off for restaurant seating.
Ms. Iyer and Ms. Haggerty said the intent of the Re-opening Group is to provide a menu of
options, not to recommend or propose that all parking lots and parking spaces be dedicated to
outdoor dining. Ms. Iyer said the DPW has also expressed concerns about the amount of area to
be devoted to seating.
Mr. Sandeen said he is in support of resurrecting the former parklet in the Center that was
established in the last few summer seasons. He has received comments from citizens who are
already having trouble keeping 6 feet of distance from others on sidewalks, so he recommended
creating additional seating in some of the parking spaces along Massachusetts Avenue rather
than taking away sidewalk space. Mr. Pato agreed that it is already hard to keep distance from
others when in the Center.
Mr. Sandeen said he supports deputizing the Town Manager to approve licenses for existing
business on a temporary basis through the Covid-19 crisis.
Mr. Hai said she sees the issue as a balancing act between the need to promote/support local
businesses and the need for safety. Using the parking areas for restaurant seating will also have
the effect of limiting the most convenient parking. She asked who would be responsible for
cleaning picnic tables placed in public areas. She also wants to make sure that business
districts— other than the Center—are considered and that non-restaurant businesses are also
considered. She believes first-wave solutions will be trial-and-error but that the Town should
nonetheless move ahead with trial efforts using the suggestions made by the re-opening team.
With regard to licensing, Ms. Hai supports convenience, consistency, and clarity. She
recommended developing a checklist for license approval, especially during the Covid-19
emergency. She is comfortable deputizing Mr. Malloy to sign off on such a checklist when
businesses have completed the requirements.
Mr. Pato seconded much of Ms. Hai’s comments. He added that if parking is closed off for
seating—either on the street or in the parking lots—traffic safety must be considered and parking
counts need to ensure that adequate parking remains. The Transportation Safety Group should
be brought into the loop for comment. Mr. Pato said solutions might need to evolve over time,
given the circumstances and the season change.
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Mr. Pato agreed that a checklist for licensing should be developed and that the Town Manager
should be deputized to expedite existing licenses only.
Mr. Lucente said he would like to hear from businesses and restaurants that would be affected by
the plan and its requirements. He wants to balance everything against health concerns. Mr.
Lucente wants to make sure the Town is not building something there is no demand for.
Mr. Lucente supported developing a reopening checklist and authorizing Mr. Malloy to sign off
on them for existing license holders.
Ms. Katzenback confirmed that the Alcoholic Beverage Control Commission (ABCC) only
allows Town Managers to be deputized to sign off on existing license holders, not on new
licenses. Mr. Malloy reported that Clay Oven is the only restaurant he has heard from to date.
Ms. Iyer reported that Mario’s, Via Lago, Il Casale, Ixtapa, and Bertucci’s have made inquiries
through the Economic Development Office.
Ms. Iyer noted that some restaurants named above have submitted outdoor seating proposals for
sidewalks and privately-owned parking areas. Mr. Malloy emphasized that these outdoor tables
must have table service when a liquor license is a factor but a communal dining area would be
possible if non-licensed restaurants presented a plan for how shared tables would be kept clean.
Dr. Heiger-Bernays said the issue from her perspective re: communal tables is how to control
crowding.
Eric Michelson, President of Lexington Retailers Association, emphasized that time is of the
essence for businesses struggling to stay afloat. He asked that the Town’s reopening plan be
streamlined and clear.
Dawn McKenna, Chair of the Tourism Committee, said the Tourism Committee has not met
since Covid-19 caused everything to close but past sentiments indicate that members have a
strong interest in providing amenities for visitors, such as outdoor seating. She hopes that the
need to distance tables will be balanced with sidewalk accessibility. She is concerned that the
picnic tables that have recently re-appeared near the new Visitors Center might attract people
without oversight. She seconded the sentiments for a streamlined reopening process and
seconded the concept of including all businesses and restaurants, no matter where in town they
are.
Mr. Lucente agreed that having everyone on the same page, communicating effectively, and
being nimble are all important elements to the reopening process.
Jerry Michelson, Chair of the Center Committee, said the Center Committee will review the
Reopening Task Force proposals that have been presented tonight. He urged the Town to help
get businesses back up and running again as quickly as possible.
Ms. Haggerty noted that the Health department has reviewed the two applications for outdoor
seating and said that, as long as they comply with State guidelines, they are ready to be released.
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Ms. Hai said that the applications seem fine but noted that they only reference parking lots and
no other outdoor spaces that businesses might have. She asked for the language to be broadened.
Ms. Iyer said the updated application includes requests for descriptions and diagrams.
Valerie Overton, 25 Emerson Gardens, said she supports the formation of a task force that would
be nimble and represent a wide range of interests, including businesses, safety, and accessibility.
She believes looking at the issue from siloed perspectives might cause the Town to miss
something important.
Ms. Barry said she thinks the applications look fine but questioned the reference to “continuous
rails” which is not the kind of cordon Bertucci’s has been using. She asked if already established
tables, such as Peet’s Coffee, would need to provide barriers. Mr. Malloy said that Peet’s does
not serve liquor so a rail is not needed. Ms. Haggerty said the updated version of application
broadens the description of the barrier to include chains, stanchions, and velvet roping.
Mr. Sandeen said, apropos of Dr. Heiger-Bernays’ comment, that he would be uncomfortable
unless the guidelines specify that patrons—not tables—are at least 6 feet apart.
Ms. Haggerty confirmed that the Health department has reviewed the guidelines and that all
applications for outdoor seating will be routed through the Health department as they are
submitted.
Dr. Heiger-Bernays said that the Board of Health has not seen the applications, although the
Health office has. She asked that the BOH be allowed to review them so the Town can speak
with one voice.
As there were many more questions to be resolved in the re-opening plan, the Board anticipates
proposals to be brought to them after thorough vetting by relevant parties.
On a motion duly made and seconded and by roll call, the Select Board voted 5-0 to name the
Town Manager as the Deputy Liquor Licensing Authority for the purpose of facilitating
restaurant re-opening for existing license holders during the Covid-19 state of emergency.
On a motion duly made and seconded and by roll call, the Select Board vote 5-0 to approve the
application for the use of sidewalks and the application for the use of private lots for expanded
seating, pending review by the Board of Health.
5. Review and Discuss Draft Grant of Location Policy
Mr. Malloy and Town Counsel have made amendments to the grant of location policy draft. Mr.
Malloy asked for further comments so he can finalize the document.
The Board offered comments. Mr. Malloy will make the edits requested and the item will come
back for a vote at a later meeting. Mr. Lucente and Ms. Barry asked that the policy be made clear
upfront and also attached to every application that goes out.
6. Accept Easement—Lexington Hills Pedestrian Easement
Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to accept the
alteration of the pedestrian easement as of July 21, 2020 as shown on the attached plans and
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easement document and further to authorize the Town Manager to sign the easement document
on behalf of the Select Board.
7. Conflict of Interest Determination: David Williams—Board of Appeals
Mr. Williams has filed a disclosure form of perceived potential conflict of interest as it relates to
his participation at the Board of Appeals June 11, 2020 hearing for the Hancock Church Sign
request. Mr. Williams states he is a member of the Hancock Church but does not have a financial
interest and does not feel there is a conflict of interest and can give a fair and impartial review.
He asks the Select Board to confirm that there is not conflict so that he may participate in the
Board of Appeals discussion on Hancock Church.
Ms. Barry recused herself due to being employed by Hancock Church. Mr. Sandeen recused
himself because he is a member of Hancock Church.
Upon a motion duly made and seconded, the Select Board voted 3-0 by roll call that the Board
has determined there is not a conflict of interest for Mr. William’s participation in the June 11,
2020 Board of Appeals hearing regarding the Hancock Church sign application.
8. Future Meeting Dates
Remote meetings are assumed through at least July 2020.
ADJOURN
Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to adjourn the
meeting at 7:26 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
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