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Home My WebLink About2022-04-04 SB-min Select Board Meeting April 4, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:01 p.m. on Monday, April 04, 2022 via hybrid 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; Ms. Katzenback, Executive Clerk; and Mina Makarious, Town Counsel. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town’s website noting that some members and staff were participating in person in the Select Board Meeting Room using the Meeting Owl Pro device. CONSENT AGENDA 1. Approve Battle Green Permit Application To approve the request of the Lexington Historical Society to use the Battle Green on Wednesday, April 20, 2022 from 10:00am to 2:00pm for the purpose of their annual Battle of Lexington Reenactment for children with a rain date of Thursday, April 21, 2022. 2. Appoint Entertainment License Application To approve an Entertainment License for Lexington Thai Room, Inc. d/b/a Thai Room, 182 Bedford Street, for the purpose of providing radio/recorded background music within the restaurant space. 3. Appoint One-Day Liquor License Application To approve a One-Day Liquor License for the Grand Lodge of Masons in Massachusetts to serve beer, wine, and spirits at the Scottish Rite Masonic Museum & Library, 33 Marrett Road, for the purpose of a Golden Gavels Awards Ceremony on Saturday, May 14, 2022 from 3:00pm to 9:00pm. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Consent Agenda items. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review and Approve Electric and Gas Contracts for Town Operations Supply Mr. Malloy explained that the current electric contract does not expire until December 2023, but the Town’s consultant is recommending to extend the electric contract by 35-months, to 2026, and to extend the gas contract by 30-months, to 2026. Brian White, Freedom Energy, explained that Lexington enjoyed a combined savings of approximately $279,000 between natural gas and electricity, compared to the utility rates in 2021, and is projected to do better than that for 2022. The proposal is to secure fixed electric and natural gas agreements that are well below these utility rates. For natural gas, the proposed start date would be October 2023. The current contract price is $0.531 cents a therm for natural gas. The 30-month extension agreement would lower this rate to $0.518 cents a therm. This would be the lowest natural gas rate Lexington has secured since 2006. Mr. Malloy stated that the Sustainable Lexington group asked for a couple of items to be reviewed from this proposal. He will work on these items with Mr. White. Mr. White explained that the Town’s current electric contract includes 10% Mass Class I RECs and 72% National Wind RECs. The proposal is for 13% or 15% Mass Class I RECs. Lexington has proposed to be at 50% renewable energy by 2030. This proposal will keep the Town ahead of schedule to meet that goal. He will work with Mr. Malloy to also adjust the numbers for a proposal of 20% Mass Class I RECs, as suggested by Sustainable Lexington. Mr. Sandeen agreed with the suggestions put forth by Sustainable Lexington. Mr. Pato stated that the Community Choice aggregation, the contract for the Town as a whole – residents and businesses, is currently securing 20% Mass Class I RECs, so this is a reasonable item to look at further. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to authorize the Town Manager to enter contracts for the Town’s electric and gas supply through October 2026 and April 2026 (respectively) after the bid opening. DOCUMENTS: Gas Bid Information, Electricity Bid Information 2. Call for Special Election - Debt Exclusion Vote and Vote Debt Exclusion Question VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to call for a Proposition 2 1/2 debt exclusion election for Monday, June 6, 2022 from 7:00 a.m. to 8:00 p.m., and further move to approve and sign the attached Special Election Warrant regarding election date and time and the question for the debt exclusion election. DOCUMENTS: Debt Exclusion warrant 6/6/22 3. 2022 Annual Town Meeting & Special Town Meetings 2022-1/2022-2 Article Discussion/Positions Mr. Lucente noted that a letter was received from an abutter of Article 12N. Mr. Malloy stated that Mr. Makarious and Mr. Livsey will be able to speak to this item during Town Meeting. He explained that moving the McKenna’s driveway, as proposed, will give them the ability to leave in either direction, however, leaving it in the existing location will allow them to only head north on Hancock Street from their driveway. The Board reviewed its positions on open Articles. Regarding Article 34, Ms. Hai explained that this provides for a request to the legislature for a Home Rule petition to allow the Town to make rules regarding either remote or hybrid participation to be done by bylaw; it does not determine the specifics of those changes. Article Three in Special Town Meeting gives the Board the process to do this via bylaw. Mr. Pato noted that this article and the proposed amendment to the bylaws only allows for hybrid meetings. There are no provisions, as proposed, for a fully remote meeting; that would still require state action. Ms. Hai noted that the only exception to this is for a single-day emergency remote participation meeting, per the Home Rule petition. Ms. Hai explained that, even if these items are passed and it is brought to the legislature, the Town still does not have the ability to hold have hybrid or remote meetings. The Board then only has the authority to bring a bylaw change to Town Meeting, and Town Meeting would still need to approve that bylaw change before the Board would have the authority to actually use hybrid or fully remote technology. In response to a question from Mr. Lucente, Mr. Pato explained that the Article, as presented, lists a need for at least 75 voters in-person, plus a minimum of 25 remote, for a total of 100 in the quorum. The intent is for these to be mostly in-person meetings, but with an accommodation for those who cannot attend in- person, and to allow those people to be full participants in the meeting. If the bylaw requires 75 in-person, and that number are not present, the quorum requirement has not been met. Forcing a sizable quorum attempts to set an expectation to meeting members to attend in-person, if at all possible. Ms. Barry stated that there is a concern that people could take advantage of this item. Ms. Hai reviewed that the vote is 3 in favor of supporting Article 34, both sections 1 & 2, with the other two Board members as waits. Those in favor would also be in favor if section 2 is dropped from the Article. There are also 3 in favor, 2 waits, for Article 3, Special Town Meeting 2022-2. Ms. Barry recused herself at 7:14pm. Ms. Lucente readdressed the letter from the abutter, regarding Article 12N. Ms. Makarious noted that he does not believe there is anything in this Article that would be limited by the terms of the existing lease, but this can be addressed further during Town Meeting. Ms. Barry rejoined the meeting. DOCUMENTS: 2022ATM, STM 2022-1, STM 2022-2 Select Board Position Working Document, Proposed Town Meeting Schedule - as of 3/31/22, Presentation - Hybrid and Remote Access Articles, DRAFT ATM Article 34_ Motion - bylaw only, Information Outline - HybridRemote access articles, Art 31 Revised motion 4.4.22, Kanter amendment (IP) Art 31, Creech amendment Art 35, STM 2022-2 Article 3 Motion ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 7:17 p.m. A true record; Attest: Kristan Patenaude Recording Secretary