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HomeMy WebLinkAbout2022-07-11 SB-min Select Board Meeting July 11, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:01 p.m. on Monday, July 11, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, 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. PUBLIC COMMENTS None at this time SELECT BOARD MEMBER CONCERNS & LIAISON REPORTS 1. Select Board Member Concerns & Liaison Reports Mr. Lucente noted that there are some historical items, such as the past meeting calendar and the Town Meeting web pages, which are missing from the newly updated Town website. Mr. Pato stated that the Board will be hearing resignations from the Noise Committee later this evening. He suggested that, as in the past when this occurred, the liaison to the Committee and a second member of the Board act as an interim Noise Committee to hear complaints from the community before the Committee is reconstituted. Ms. Barry noted that she has two concerns she would like to discuss. One is regarding banners going across Massachusetts Avenue, and if this will still be possible after the Center Streetscape project is complete. She would also like to hear an update and timeline for the work being done at the Massachusetts Avenue and Worthen Road intersection. Mr. Malloy explained that two new metal poles will be placed in order to hang the banners again, though this might not occur this year. Additional items cannot be placed on the poles until the project is finalized by the contractor. He also explained that the intersection project has been ongoing for years. The Town Engineer contacts representatives of both Verizon and Eversource each week to push the project forward. There are poles that need to be moved in order to finalize the project and neither company seems to want to complete this. Ms. Barry suggested that a contact at the State could be used to push the intersection project along. She asked how the new brackets to hang the banners for the new poles will be funded. Mr. Malloy stated that the funding for the brackets will either be included in the overall project budget or will come from the DPW budget. The installation of these poles will likely occur either in the fall or early spring of next year. Mr. Sandeen asked Mr. Malloy for an update regarding National Grid’s project to relocate the regulator from Winthrop Road to Fletcher Avenue. DOCUMENTS: Select Board Concerns and Liaison Reports - July 11, 2022 TOWN MANAGER REPORT 1. Introduction of James Robinson, Management Fellow Mr. Malloy introduced the new Management Fellow, James Robinson. Ms. Hai presented Mr. Robinson with a Town Seal pin on behalf of the Select Board. The Board welcomed Mr. Robinson. CONSENT AGENDA 1. Select Board Committee Resignations To accept the resignations of Dan Koretz, Stu Smith, Joe Campbell, and Vicki Blier from the Noise Advisory Committee effective immediately. 2. Approve Town Manager Appointment to Lexington Human Rights Committee To approve the Town Manager's appointment of Larry Freeman to the Lexington Human Rights Committee as the School Committee Member to fill an unexpired term set to expire on September 30, 2023. DOCUMENTS: Lexington Human Rights Committee Charge 3. Approve Select Board Meeting Minutes To approve and released the Select Board meeting minutes of: June 13, 2022 June 15, 2022 Financial Summit/DPF 20-Year Capital Plan (Part 2) DOCUMENTS: DRAFT 06132022 Select Board, DRAFT 06152022 Financial Summit 4. Approve One-Day Liquor License To approve a One-Day Liquor License for Wilson Farm, Inc. to serve wine for the purpose of their "Dinner in the Field" Fundraiser to be held outside in the fields of Wilson Farm, 10 Pleasant Street on Thursday, July 21, 2022 (with a rain date of Friday, July 22, 2022) from 5:30pm to 9:00pm. 5. Town Manager Committee Appointments To approve the Town Manager's appointment of Renen Bassik to the Recreation Committee for a three- year term set to expire on May 31, 2025. To approve the Town Manager's appointment of Weiwei Li to the Recreation Committee to fill an unexpired three-year term set to expire on May 31, 2023. DOCUMENTS: Membership Recommendations Memo, Renen Bassik, Weiwei Li VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update from Chief Equity Officer Martha Duffield, Chief Equity Officer, presented the Equity Office’s annual update. The Equity Office goals include increasing employment diversity, improving data collection and transparency, collaborating, and supporting department equity initiatives, strengthening relationships across municipalities, and bridging municipal and community equity work. Ms. Duffield noted that currently over 50% of the Town’s hires are under the age of 34. In the last year, the Town has increased its hiring for the global majority to 7%. Also, in the last year, the Town went from hiring 30% females, to 56%. She noted that almost 50% of those who leave their job for the Town had only worked for the Town for less than three years. There is a lot of pressure on Human Resources to backfill those positions. Ms. Duffield explained that the Equity Office started a Coffee with the Chief event. One item which came from this was the idea to have translators for situations where there might be a lost resident, or another situation in which having access to human interpreter might be beneficial. Various cultural organizations have provided the Police Department with direct contacts to help with those situations. She noted that the Office maintains a relationship with MA DEI and recently created a DEI Guide for DEI practitioners. Ms. Duffield noted that she will be stepping down as the Town’s Chief Equity Officer as of July 20, 2022. She thanked the Town for the opportunities she’s had in this role. Ms. Barry stated that she would like to see the total number of staff members surveyed included. She would also like to see more of a breakdown in the information between the municipal and school sides. Finally, she asked if there was a way to include data regarding how far employees are traveling to come to work, in order to make potential correlations to the need for workforce housing in Town. DOCUMENTS: Chief Equity Officer update 2. Update on Creation of a Collaborative Reform Subcommittee of the Commission on Disability Mr. Malloy explained that the request is to create a subcommittee of the Commission on Disability to examine issues involving equity with people with disabilities. The Commission on Disability has worked with Chief Equity Officer, Chief of Police and Director of Human Services to develop a Sub-Committee that would consist of members of the Commission on Disability as well as other Committees/Boards and Town staff to collaborate on evaluating, refining and reshaping current policies and procedures involving safety, emergency response, pre/post-vention and service delivery that are effective, accountable and transparent for our residents with disabilities. In response to a question from Ms. Barry regarding the differences between this proposed group and the Mental Health Taskforce, Melissa Interess, Human Services Director, explained this group would be more specific to public safety response as it relates to all the groups in Town, not just necessarily someone who might be having a mental health crisis. In response to a question from Mr. Sandeen, Mr. Malloy explained that the subcommittee would be set up so that any recommendations would go to the Commission on Disabilities, with the idea that the group would be looking at specific departments and mental health issues and how that plays in with disabilities and equity. The Commission on Disabilities would then make any recommendations to him, as the Town Manager, on any recommended program changes or management changes. Mr. Lucente noted concerns with the makeup of the subcommittee, as there does not seem to be space for other members, unless already on the Commission on Disability, or a Town employee. Mr. Pato explained that the group will be tasked with carrying on the tasks within the scope of the Commission on Disability. It is helpful for a lot of what the group wants to do for the participants to be already embedded in the two committees and the staff as described. Mr. Lucente stated that the group’s charter doesn't make it sound like a group that is charged to go and solicit feedback from the rest of the community, as much as is to study other communities and other models. There might be a chance to assign some of the seats to people not already on a board or committee, in order to create greater inclusion. Victoria Buckley, Chair Commission on Disability, explained that one of the goals of the proposed group is to engage with the public under Open Meeting Law, while keeping experienced members on the Committee itself. Mr. Lucente explained that the Board has expressed interest in inviting new voices to the table. He is concerned that this is an opportunity to create a new subcommittee without following this guidance. He is also uncomfortable with stating that no new expertise could be used on the subcommittee, as it is all already in place. Ms. Hai asked that the group consider if there's a way to expand the subcommittee to Mr. Lucente’s point of hearing some new voices while continuing to respect the need for collaboration among the groups. The group can then come back to the Board with a recommendation. Tom Shiple, 18 Phinney Road, stated that, in reading the subcommittee’s purpose, the phrase ‘multiple marginalized identities’ could be a more inclusive and expansive way to discuss those the subcommittee is interested in serving, instead of ‘people with disabilities.’ Mr. Sandeen suggested that if a staff member was a liaison to this subcommittee, instead of a member, it might open up additional seat to Mr. Lucente’s point. Ms. Hai asked that the group working who worked on this request would take the Board’s feedback into consideration and then submit an updated proposal for the Board’s consideration at a future meeting. DOCUMENTS: Draft charge, Formation Letter 3. Fiscal Year 2022 Year-End Budget Adjustment - Fire Department Ms. Hai explained that this agenda item is a follow-up to the end-of-year budget adjustments that were presented to the Board on Monday, June 27, 2022. There is one remaining adjustment for Fire Department overtime that was not approved that will be reconsidered tonight. Management's recommendation is the Board approve up to $80,188 of ARPA funds to cover the deficit in the Fire Department's overtime budget. Alternatively, the Board could approve a Reserve Fund Transfer for the same amount. Ms. Kosnoff explained that the overage in the Fire Department is actually closer to $170,000 than $200,000. She stated that staff is proposing to expend up to $80,188 from ARPA funds, with the intention to not use more than is needed, which is likely approximately $50,000. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the use of up to $80,188 in ARPA funds to cover the remaining deficit in the fire department over time. DOCUMENTS: Year-end Transfer Cover Memo & Support 4. Update from Procurement - Long-Term Contracts Ms. Kosnoff explained that this item is an update to an administrative process for the Town's Procurement Department regarding contract terms that exceed 3 years. In 2016, Town Meeting approved to extend the terms for certain types of contracts for longer than 3 years. However, the Town Meeting vote indicated that any contract for longer than three years should be further approved by a vote of the Select Board. Staff recently discussed this provision with Town Counsel, and Mr. Makarious concurred with the interpretation that contracts over 3 years should be authorized by the Select Board. In practice most of the Town's extended contracts are/have been presented to and approved by the Select Board since 2016 but the Procurement Department has recognized that some of the Town's more administrative contracts have not been presented to the Board. An example is the contract for the Administration of Worker's Compensation and Public Safety Injured on Duty claims, which is proposed for a term of 3 years, with two one-year options to extend. Town staff is seeking approval to enter into this contract beginning in FY2023. In addition, staff would like to gauge the Board's comfort level with including future administrative contracts on the consent agenda. Contracts for public facing services would remain on regular agendas for discussion and feedback. The Board agreed it was comfortable with including future administrative contracts on the consent agenda. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to authorize the Town Manager to enter into a contract for Worker’s Compensation and Public Safety Injured on Duty Claims Administration and Related Services, for a term of 3 years, plus two one-year options to extend. DOCUMENTS: 2016 ATM, Article 31_Contract Terms, Workers Compensation Admin Contract, Lexington Extended Contracts 5. Receive Monuments and Memorials Committee Report Regarding LexSeeHer Proposed Monument Linda Dixon, Chair of Monuments and Memorial Committee explained that LexSeeHer is proposing a a triumphal arch with two 6’ panels. Each panel contains five female figures. Including the female figures on the back, there are a total of 20 female figures on the entire gate. The artist, Meredith Bergman. uses a technique called bas relief and, even though the gate is only 4” deep, this technique allows her to produce a really fine level of detail which can differentiate the characters features quite clearly. Everything will be sculpted in bronze. 17 women of Lexington have been selected to be included. Five of them are Revolutionary Ear women from the 1700s; four are abolitionist and suffragist women from the 1800s; and eight are Women of Achievement from the 1900s to the present. LexSeeHer chose a site at the corner of Massachusetts Avenue and Merriam Street. This is on the Visitor Center lawn and is in the Battle Green Master Plan area. Ms. Dixon explained that the Monuments and Memorial Committee expressed concern that LexSeeHer has no plan B for this proposal. Another issue was a philosophical difference in how the Committee and LexSeeHer regarded the Battle Green Master Plan. The Committee was also concerned that the proposed location is too close to the Minuteman Statute, and potential competition conflict with the Visitor Center. This is a very busy area, with heavy auto and foot traffic. There is concern that this could have a negative impact on the amount of movement in the area. Ms. Dixon explained that LexSeeHer raised $261,000 in less than two years. As of April, the monument project cost was $291,000. Adding a donation toward maintenance and a set aside for contingency, the total project cost is $331,000. The project is very labor intensive and could take up to a year and a half to nd complete. The Historic Districts Commission issued a certificate of appropriateness on February 2, after LexSeeHer agreed to rotate the monument 45 degrees. The Tourism Committee voted 4-2 to generally support the monument, but not to support locating the monument anywhere within the Battle Green th Master Plan area. On April 7, the Monuments and Memorials Committee voted 6-0 to recommend approval of the monument purpose, design, and timelines, and 6-0 not to recommend the proposed location. The Committee met with LexSeeHer to try to choose a compromise location, but one could not be decided on. Ms. Barry noted that the Visitor Center lawn is getting far more activity since COVID, and the Town is also issuing more permits for that location for different events. In response to a question from Ms. Barry, Ms. Dixon explained that LexSeeHer has a comprehensive lighting plan proposed for the monument. Ms. Dixon suggested that LexSeeHer and the Town discuss the lighting in terms of the Battle Green Master Plan. She also noted that a concern regarding snow removal was not resolved. Ms. Barry stated that she would like to see more detail as to what the $10,000 proposed for maintenance of this monument will cover and the schedule for this proposed maintenance. In response to a question from Mr. Pato regarding alternative locations, Ms. Dixon explained that the groups discussed locations at Depot Square, other sites within the Battle Green Master Plan area on the Buckman Tavern side of the street, and a site at Fletcher Park. The Committee was not truly interested in placing this monument anywhere within the Battle Green Master Plan site. Ms. Hai noted that the Commission on Disability took a positive vote to support the monument and location, as proposed. The Senate Committee also took a positive vote to support both. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to accept the Monuments and Memorials Committee Final Report regarding LexSeeHer proposed monument. DOCUMENTS: Monuments & Memorials Committee report – LexSeeHer, Presentation from Monuments and Memorials Committee 6. Grant of Location for Eversource - 10 Maguire Road Ms. Callender, Right of Way Agent for Eversource, explained that the proposed manhole has been removed from the application, as there is an existing manhole at the site. The request is for a ground location to install 73’ of conduit into McGuire Road. In response to a question from Mr. Sandeen, Mr. Schifone, Right and Permit Supervisor, explained that Verizon is administering a system in Lexington, through which all companies attached to the pole will be notified when it is their turn to transfer wires to the new pole. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the granted location to NSTAR Electric Company d/b/a Eversource Energy to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits to be located, substantially as shown on the plan made by T. Thibault revised date May 13, 2022, under the following public way or ways of Maguire Road - Southerly from Pole 399/6, 702 feet northwest of Hartwell Avenue, install approximately 73 feet of conduit. This work is being requested to provide underground electric service to 10 Maguire Road. DOCUMENTS: Original Eversource Grant of Location Petition - 10 Maguire Road, Picture MH23846 taken in advance of 6-27-22 Hearing, Eversource Response information - Maguire Road pole identification information for petition, 2022.07.08 Updated Eversource petition WO 6321095 - MAGUIRE ROAD, Select Board Policy - Grants of Location in the Public Way 7. Discuss Select Board Report for Fiscal Year 2022 Annual Town Report Ms. Hai explained that the Board is being asked to begin preparations for the Select Board submission for the FY22 (July 1, 2021 – June 30,2022) Annual Town Report. The final report will be due for submission to the Town report Coordinator by September 12, 2022. The Board discussed items that it would like to include, such as Hartwell updates including the 25% design, ARPA, the Police Station, fiscal resiliency, and planning including the no-override commitment, economic development and commercial growth, virtual Town Meeting/hybrid technology expansion, housing, Center, and Battle Green Streetscapes including the roundabout, an update to the construction projects buildings list, and a brief update on DEI commitments. DOCUMENTS: FY2021 Annual Town Report - Select Board Report, 2022 Annual Town Meeting - Select Board Report, Select Board Report topics from FY21 Annual Town Report and 2022 Annual Town Meeting Ms. Barry recused herself from the Executive Session and exited the meeting at 8:13pm. EXECUTIVE SESSION 1. Exemption 3: Collective Bargaining Update - Lexington Fire Union VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 at 8:13 p.m. that the Board go into Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining related to the Lexington Fire Union and not to reconvene in Open Session. Further, Ms. Hai declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. Adjournment for both Open Session and Executive Session will occur at the conclusion of the Executive Session. The Board will not reconvene in Open Session. ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 from the executive session to adjourn both the executive session and regular meeting at 9:02 p.m. A true record; Attest: Kristan Patenaude Recording Secretary