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HomeMy WebLinkAbout2022-01-24 SB-min Select Board Meeting January 24, 2022 A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on Tuesday, January 24, 2022 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Mr. Sandeen, and Ms. Barry 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. 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. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Mr. Lucente asked about public outreach regarding the upcoming Battle Green Streetscape project. Mr. Malloy stated that notice was supposed to be sent to all abutters. Outreach was also supposed to be made through social media and on the Town’s website. Mr. Sandeen noted that the MA Department of Transportation has agreed to pilot the solar project on the noise barriers along Interstate 95 in Lexington. Mr. Pato stated that the Communications Advisory Committee (CAC) is beginning its negotiation plan for the next media contract. The current plan is to continue services, even though a decline in revenue is being projected that could cause issues for several years. Ms. Hai noted that Senator Markey has filed legislation that would alleviate some of these concerns. Ms. Katzenback stated that the Board is proposed to receive an update from the CAC on February 27, 2022 on this item. DOCUMENTS: Select Board Concerns and Liaison Reports - January 24, 2022 TOWN MANAGER REPORT Mr. Malloy stated that COVID-19 numbers in Town increased again this week, but statewide numbers have been in decline. He also noted that a new revised Town website is expected in June or July of this year. Finally, he explained that Mike McLean has been named the permanent Police Chief. Mr. McLean has been with the Department for approximately 26 years and was previously working as the Interim Chief for the past 8-9 months. Mr. Malloy noted that the Town launched its ARPA Business Grant Program last week. It is hoped that the first round of checks will go out to businesses at the end of this week. CONSENT AGENDA 1. Annual License Renewal To approve and sign the license renewal for Dunkin' - 317 Woburn Street as identified in the summary. 2. Water and Sewer Commitments Water & Sewer Commitment Section 1 $2,657,928.13 Water & Sewer Commitment Section 2 $2,924,621.69 Water & Sewer Commitment Section 3 $5,323,307.76 Water & Sewer Commitment Finals Nov $19,957.86 Water & Sewer Commitment Cycle 9 Oct $242,184.13 To approve the above Water & Sewer Commitments. DOCUMENTS: Water Sewer Comm 1-24-22, Cycle 9 1-24-22 3. Select Board Committee Resignations To accept the resignations of Mike Boudett from the Lexington Center Committee and the Zoning Board of Appeals Associates, as well as the resignation of Susan Bennett from the Historic District Commission Associates effective immediately. DOCUMENTS: LCC Resignation Letter - M. Boudett, ZBA Associates Resignation Letter - M. Boudett 4. Approve Select Board Meeting Minutes To approve and release the Select Board meeting minutes of: November 30, 2021 Department Budget Presentations December 1, 2021 Department Budget Presentations December 6, 2021 December 7, 2021 Department Budget Presentations DOCUMENTS: DRAFT 11.30.21 Department Budget Presentations, Draft 12.01.21 Department Budget Presentations, DRAFT 12.06.21 Select Board, DRAFT 12.07.21 Department Budget Presentations 5. Town Manager Committee Appointments To approve the Town Manager's appointments of Nancy Wong to the Commission on Disability and Julie Barker and Susan Rockwell to the Council on Aging. DOCUMENTS: Nancy Wong Application, Julie Barker Application, Susan Rockwell Application 6. Dissolve Human Services Committee To dissolve the Human Services Committee. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the consent agenda, items # 1, 2, 3, 4, 5, and 6. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Liquor License - Transfer of License and Change of Location - Lex Liquor Inc., 186 Bedford Street - Rescheduled to February 7, 2022 This item has been rescheduled to February 7, 2022. DOCUMENTS: Liquor License Transfer and change of location application - 186 Bedford Street, Certified Abutters Report 2. Verizon New England Inc. Cable Television Renewal License Ken Pogran, Chair of the CAC, explained that the CAC has reached an agreement with Verizon on all of the outstanding issues and the cable television renewal license. The CAC has finalized the license document and voted at its last meeting to recommend that the Select Board approve and sign this renewal license. Mr. Pogran noted that the Town came to an advantageous position on two points - the PEG capital funding, which Verizon was willing to increase, and also on the issue of cable service to public buildings. It is expected that Verizon will also sign this renewal license. In response to a question from Mr. Lucente, Mr. Pogran explained that once the license is fully executed by both parties, the CAC will remind the Verizon municipal liaison that the HD PEG channel is part of the license. This is an informal process and LEX Media will be prepped for this. In response to a concern raised by Ms. Barry regarding some inaccuracies on Exhibit A for this renewal, it was noted that the existing Exhibit A from the recent RCN renewal can be used and that a comprehensive list of which Town facilities use which providers should be created. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and sign the proposed Cable Television Renewal License for Verizon New England Inc. for the term October 30, 2021 through October 29, 2026, as presented. DOCUMENTS: Proposed Town of Lexington Verizon Renewal License - for Select Board approval, Verizon Renewal License Issues, Positions, and Outcomes Summary 3. Update on Racial Equity Plan Martha Duffield, Chief Equity Officer, gave the Board a six-month update on the Racial Equity Plan. One goal of the Plan is to increase employment diversity talent. In order to reach that goal, work has been done to expand the applicant pool by creating a Diversity Hiring Policy that was created with HR Director, Senior Management Team and is now being reviewed by Legal Counsel. She has also reviewed 12 job descriptions, looking for gender bias, job responsibilities, reasonable skills, and knowledge. A job description template was created to keep consistency among postings. She has also been working to increase the talent acquisition pipeline by expanding the posting locations into specific professional groups that might have certain cultural affinities. She may reach out to other local communities regarding job fairs in the spring. Ms. Duffield explained that the Plan also looks to reduce process bias, through reviewing the job interview process. Ms. Duffield explained that an additional goal is improving data collection and transparency. For this goal, she is creating baseline employee demographic data, creating baseline datapoint for hiring, and tracking hiring trends. Another goal is to collaborate and support department equity initiatives, with an objective to be a resource for departments to come to for advice, support and partnering, and guidance with regards to diversity, equity, and inclusion initiatives. She has also been working to strengthen relationships across municipalities. A final goal is to bridge municipal and community equity work. The Board thanked Ms. Duffield for her work, enthusiasm, and presentation. DOCUMENTS: Racial Equity Plan 4. COVID-19 Update Joanne Belanger, Director of Public Health, explained that the total Town COVID-19 case count is 3,339, including 177 cases since Friday. It is hoped that things will be in a better place by mid-February. She noted that Inogen home tests have been ordered using ARPA funds. It may take a few weeks for these to arrive, due to a backlog. A company has been found to source masks from, however, the Town is trying to negotiate a smaller minimum order than is currently available. Ms. Belanger explained that the first of seven testing events has been held, leading to approximately 229 tests with some positives. Additional events will be held each Saturday morning, for the next six weeks. Instructions will be placed on the Town website. Ms. Belanger explained that the Board of Health recently voted to continue the mask mandate. Signage for businesses has been updated and redistributed. People may print it from the website and there will be free poster-sized prints available shortly. In response to a question from Mr. Sandeen regarding the age distribution for both testing and vaccination rates, Ms. Belanger stated that vaccination rates in Lexington are phenomenal, especially among the younger cohorts. She noted that the number of children testing positive seems to have increased, but it is difficult to ascertain these figures. Mr. Sandeen noted that the Federal Government has allowed citizens to order four antigen tests for free. These tests don’t handle freezing cold weather well, and so people should keep an eye on their mailboxes. The Board thanked Ms. Belanger for her presentation. 5. Patriots' Day 2022 Event Requests  Parade and Battle Green Use Requests - Town Celebrations Committee Geetha Padaki, Chair of the Town Celebrations Committee (TCC) explained that the request is for the traditional parade and Battle Green ceremony on April 18, 2022. There is no rain date in mind for these celebrations. In response to a question from Ms. Barry, it was noted that the Lexington Minute Men do have a rain date requested for the following Saturday. The Fire and Police Chiefs and DPW Director all agreed with this rain date request.  Battle Green Use Requests - Lexington Minute Men Inc. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Town Celebrations Committee requests for the Patriots’ Day morning parade, ceremonies on the Battle Green and afternoon parade on Monday, April 18, 2022 as outlined in their letter dated January 17, 2022, subject to State and Local COVID-19 requirements at the time of the event. Further, to approve the Lexington Minute Men requests for the use of the Battle Green for Patriots' Day events as detailed in the attached request letter dated January 17, 2022 and subject to State and Local COVID-19 requirements at the time of the events as follows:  On Sunday, April 3, 2022 for a dress rehearsal of the annual reenactment of the Battle of Lexington from 11:00am to 4:00pm (Rain Date: Saturday, April 9, 2022 from 1:00pm to 4:00pm); and  On Saturday, April 16, 2022 for the reenactment of regrouping of the Lexington Minute Men and march to Concord for Parker’s Revenge from 9:00am to 10:30am and March on Massachusetts Avenue toward Concord with a police escort; and  On Monday, April 18, 2022 for the annual reenactment of the Battle of Lexington from 1:00am to 1:00pm (Rain Date: Saturday, April 23, 2022 from 1:00am to 1:00pm). DOCUMENTS: TCC Request Patriots Day 2022 - Battle Green Use and Parade, Battle Green Requests for LMM Participation in Patriots' Day Events 6. 2022 Annual Town Meeting & Special Town Meeting 2022-1  Presentation - ATM 2022 Article 10: Appropriate the FY2023 Community Preservation Committee Operating Budgets and CPA Projects Mr. Lucente noted that he will be recusing himself from discussion regarding Article 10 L. Marilyn Fenollosa, Chair of the Community Preservation Committee (CPC), explained that, since 2006, the CPA has completed over $81M worth of projects. She explained that one of the requests for this year is the annual yearly request to preserve and digitize documents This year, the Town Clerk will be conserving the original 1927 blueprints for Cary Memorial Building, the tax warrants, and acts of Massachusetts from 1778 to 1823, and the Police Department journal from 1874 to 1909. Another project proposed is for the future of the barn on the Wright Farm Conservation property. The principal vision for the building was as an educational facility and to house exhibits for conservation projects. In response to a question from Mr. Lucente, Ms. Fenollosa explained that there is a split vote on the CPC, due to the associated cost with renovating and establishing this building, approximately $3M. Ms. Fenollosa reviewed the other proposed projects, including the West Farm Meadow Preservation, Playground Improvements – Poured-in-Place Surfaces, and Center Playground Bathrooms & Maintenance Building Renovation. There was discussion regarding the vote taken on the Center Playground Bathrooms & Maintenance Building Renovation item. It was noted that members of all involved committees should sit down together to discuss the proposed project to clearly communicate what is proposed for this piece of land. Ms. Fenollosa continued to review the proposed projects including, Playground Improvements – Hard Court Surfaces, Park & Playground Improvements – Kinneens Park, Park Improvements – Athletic Fields – Fiske Field, Lincoln Park Master Plan, LexHAB – Preservation & Rehabilitation, LexHAB – 116 Vine Street Construction Funds, Lexington Housing Authority – Vynebrooke Village – Preservation, CPA Debt Service, and Administrative Budget.  Presentation - ATM 2022 Article 7: Climate Action Plan Ms. Duffield presented the Climate Action Plan. She explained that the Climate Action Plan is an extensive community-driven process to lay out the roadmap for climate action for the next five years and beyond. There are three phases to this plan. Phase 1 - stakeholder mapping, internal capacity building and baseline data collection, has mostly been completed. Phase 2 - engagement, launch and significant public engagement, such as focus groups and events. Phase 3 - plan development. The Town was awarded $50,000 from the Executive Office of Energy and Environmental Affairs for this Climate Action Plan. The Town committed to a $35,000 match for this grant award, and $25,000 of that was spent on Phase 1. The MAPC is currently costing some of the additional ideas for this item, which is why the exact budget number is not yet currently known.  Approve Warrants Ms. Hai noted that the Town Meeting Member listings has been included in the warrant without further expanding the page count. She thanked Ms. Katzenback, Ms. Axtell, and Ms. de Alderete for their work on this item. Mr. Lucente walked the Board through some proposed expanded language for Article 34. He explained that the recommendation is for additional language to suggest that changing a Town Meeting to be hybrid or virtual would be only allowed under extraordinary circumstances and would require a 2/3 majority vote of the Board. Ms. Hai noted that the legislature is currently discussing language regarding virtual/hybrid town meetings, but this won’t be known for a bit. Thus, this language could be included on the warrant at this time, and then moved to IP in the future. Mr. Pato stated that he supports the language that is more general. He noted that the first vote that's taken at a virtual meeting is to ratify that the actions can go forward virtually. If Town Meeting didn't feel that the situation had the extenuating circumstances, it would not be approved. He does not believe there needs to be a 2/3 majority vote taken before this. He does approve of the proposed policy. Ms. Barry stated that she supports the language as presented by Mr. Lucente and the creation of a policy. Mr. Sandeen echoed Mr. Pato’s comments. He does see value in creating a policy. Ms. Hai agreed with Mr. Pato and Mr. Sandeen. She also supports the creation of a policy. Mr. Lucente explained that his concern is the threshold for what could be deemed an extenuating circumstance. He does not want to see Town Meeting turn into a permanent remote meeting. Ms. Hai noted that the majority of Town Meeting would still need to vote to approve holding the meeting virtually. She believes taking that vote safeguards all involved. Mr. Lucente explained that the vote will be held well after all the legwork is done for Town Meeting ahead of time and comes late in the process. Mr. Pato stated that he believes it is important to look into how to make hybrid meetings feasible as a way to include people with a disability or those who do not otherwise believe they can attend in-person meetings and may thus self-eliminate from running for Town Meeting member. Mr. Sandeen suggested that the issues brought up by Mr. Lucente could be addressed via the proposed policy. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and sign the 2022 Annual Town Meeting Warrant and the Special Town Meeting 2022-1 Warrant Version A, as attached in the packet, and to authorize staff to make non-substantive edits as necessary or recommended by Town Counsel or Bond Counsel.  Select Board Article Presenters, Discussion & Positions The Board agreed to review the position chart and presenter list at a future meeting. DOCUMENTS: STM and ATM FINAL warrant to be signed (Version A), STM and ATM FINAL warrant to be signed with added language (34)( version B), Art 10 CPA presentation, Art 10 draft article, Art 7 Climate action plan draft article, Select Board Positions 2022ATM, STM 2022-1 - Working Document 7. FY2023 Budget Discussion There was discussion regarding the potential for the Town Pool water heater to be replaced with an oil burner or an electric unit. It was noted that this is being funded through free cash. If the current heater fails, the pools will need to be closed until fixed. The heater does not heat the pools but is used for handwashing and showers. Mr. Malloy stated that he would work to get more information on this item for the Board. 8. Discuss Scottish Rite Masonic Museum & Library Parking Lot Ms. Hai explained that there is an outstanding appropriation from Town Meeting 2017 for the purpose of purchasing a portion of the parking lot near the Community Center and the LCP. That sale did not ever take place. The Board is being asked to acknowledge the close out of that appropriation into free cash. Mr. Malloy explained that the Scottish Rite is not interested in selling the parcel at this time. The Town is not necessarily interested in buying in at this time either. No vote is needed on this item. DOCUMENTS: Scottish Rite Letter 9. Discuss Next Steps for the Hosmer House Mr. Malloy laid out a number of options including placing the house on cribbing and moving it to a location in the parking lot for a temporary period of time, to place it on a couple of different properties in Town, to petition the HDC to have it demolished, or to dismantle it and store the pieces in case someone is interested in reassembling it in the future. In response to a question from Mr. Sandeen, Mr. Malloy stated that he does not believe the Hosmer House would survive being moved out of Town at this time. There would also need to be a large number of overhead wires taken down to do so. Mr. Malloy explained that dismantling the house with intentions to store its pieces would likely be much more expensive than demolishing or moving it. The Board discussed that no one wants to see this building go, but that many, many options have been explored and there does not seem to be a reasonable way to save it. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to authorize the Town Manger to begin a demolition permit request under Section 5C to the HDC regarding demolition of the Hosmer House, located at 1557 Massachusetts Avenue. Mr. Malloy noted that he would like to see the Town work on its records for town-owned land. DOCUMENTS: Young Street Parcel, 39 Marrett Road Plan, Historic Districts Commission Special Act Sec. 5 The next scheduled meeting of the Board is Tuesday, February 1, 2022, as part of the Battle Green Master Plan public forum. The next regularly scheduled Board meeting is Monday, February 7, 2022 at 7pm. ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 9:51 p.m. A true record; Attest: Kristan Patenaude Recording Secretary