HomeMy WebLinkAbout2022-08-15 SB-min
Select Board Meeting
August 15, 2022
A remote participation meeting of the Lexington Select Board was called to order at 6:02 p.m. on Monday,
August 15, 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.
PUBLIC COMMENTS
None at this time.
SELECT BOARD MEMBER CONCERNS & LIAISON REPORTS
1. Select Board Member Concerns & Liaison Reports
Mr. Sandeen noted that the Federal Government recently passed the Inflation Reduction Act. One of the
implications of this Act is that the Solar Investment Tax Credit has been increased from 26% to 30%. The
Inflation Reduction Act now allows nonprofits, schools, and municipalities to take a cash payment in lieu of
the 30% Tax Credit. This could have important implications for the Town’s solar energy projects for the Fire
Department, Police Department, and high school projects going forward. It also allows an additional 20%
Investment Tax Credit for qualifying low-income residential building projects.
Ms. Hai suggested that the Sustainability and Resilience Officer look into this further.
TOWN MANAGER REPORT
Mr. Malloy stated that WalletHub ranked Lexington as the #4 small city to live in in America. Hobbs Brook
Real Estate has submitted their site plan for 95-99 Hayden Street and has a hearing scheduled in a couple of
weeks. The Police Station project bids will be opened on Thursday.
CONSENT AGENDA
1. Approve Select Board Meeting Minutes – This item removed from consent agenda to be
rescheduled on a future agenda
2. Approve One-Day Liquor Licenses
To approve seven One-Day Liquor Licenses for Spectacle Management to serve beer and wine in the lobby
of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of seven events as follows: Grace
Kelly Concert, Saturday, October 8, 2022 from 7:00pm to 11:00pm; Croce Plays Croce Concert, Sunday,
October 16, 2022 from 6:00pm to 10:00pm; Nathan Carter Concert, Thursday, November 10, 2022 from
7:00pm to 11:00pm; Livingston Taylor & Tom Chapin Concert, Friday, November 11, 2022 from 7:00pm to
11:00pm; Paula Cole & Sophie B. Hawkins Concert, Saturday, November 12, 2022 from 7:00pm to
11:00pm; Vienna Boys Choir - Christmas in Vienna Concert, Thursday, December 15, 2022 from 6:30pm to
10:30pm; and Kenny G The Miracles Holiday and Hits Tour Concert, Friday, December 16, 2022 from
7:00pm to 11:00pm.
To approve a One-Day Liquor License for Eastern Massachusetts Association of Community Theaters
(EMACT) to serve beer and wine in the main and lower lobbies of Cary Memorial Building, 1605
Massachusetts Avenue, for the purpose of their Annual Theater Awards Ceremony and Event on Saturday,
August 20, 2022 from 5:00pm to 11:00pm.
3. Select Board Committee Resignation
To accept the resignation of Archana Dayalu from the Sustainable Lexington Committee effective
immediately.
DOCUMENTS: Resignation Letter - A. Dayalu
4. Authorize Communications Advisory Committee to Begin Negotiation Process for the Renewal
of the Comcast of Massachusetts III, Inc. Cable Television License
To authorize the Communications Advisory Committee to conduct the process of negotiating a renewal
Cable Television License with Comcast of Massachusetts III, Inc.
DOCUMENTS: Request for Select Board approval for CAC to negotiate Comcast license renewal
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
Consent Agenda items 2, 3, & 4.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Water and Sewer Abatement Appeal - 40 Arcola Street
John Rossi, Appellant, explained that he has lived in and raised a family in his home for approximately 23
years. He was surprised to examine his water and sewer bill last December and find a $7,000 adjustment for
what was owed in water and sewer. He determined this was because, for the last three years, the water and
sewer bills had been estimated. During the time of these bills, he had two water leaks at his home, one in
2020 and one in 2021 which were subsequently repaired. He was disappointed to learn that the abatement is
only available for interest only. He finds this to be unfair, especially because many deadlines for things were
extended during the pandemic. Also, the billing system is run quarterly, not monthly. He did not think
anything of the decreasing water bills that he was receiving, did not know they were only estimates, and did
not think they could be due to a leak. He asked the Board to show fairness and compassion in considering his
request for appeal.
Vyctoria Walsh, Utility Enterprise Business Manager, explained that bills are billed semi-annually and does
not knock on doors when meters are not accessible. Blue postcards are left at properties when this occurs.
The Department does not adjust estimated bills anymore as a way to put some responsibility on the customer
to contact the Department, if this is the case, and because it is difficult for the Board to determine an
abatement amount based on actual usage when estimates have been used for a period of time.
In response to a question from Mr. Lucente, Mr. Rossi stated that he never received any of the blue postcards
noting it was possible the cards blew away during inclement weather.
In response to a question from Mr. Sandeen, Mr. Malloy stated that the Town is always open to discussing
payment schedules for large bills such as this.
Ms. Hai suggested that the paragraph in the bill which mentions the estimated usage be highlighted in some
way to better draw people’s attention to it.
Ms. Hai stated that she believes it is important for the Board to be consistent with its decisions. The Board
heard a very similar case within the last couple of weeks, and it did not reverse the WSAB decision at that
time.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to deny the appeal
of Mr. John Rossi, 40 Arcola Street.
DOCUMENTS: 40 Arcola Street - Letter of Appeal to Select Board 2022-07-25, 40 Arcola Street - Appeal
Denial, 40 Arcola Additional Information
2. Approve Vision Zero Traffic Safety Plan
Ross Morrow, Assistant Town Engineer, reviewed the Vision Zero Traffic Safety Plan.
Ms. Barry suggested that reference to the Town’s sidewalk and pavement indexes be included in this Plan.
Mr. Sandeen suggested including an objective in the Plan that it should be both safe and perceived to be safe
to travel on both foot and bike. He would also like to see an objective included that the team interview
successful communities, such as Hoboken, New Jersey, which has achieved zero fatalities for four years
running, versus communities that have seen crashes or fatalities rise, even in spite of adopting this type of
program.
David Kanter, 48 Fifer Lane and Town Meeting Member Precinct 7, stated that he believes there needs to be
identification and perspective regarding State-owned roadways in Town, which affect the ability of the Town
to dictate anything under Vision Zero on these roads.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
Vision Zero plan, as presented.
DOCUMENTS: Presentation, Action Plan
3. Presentation - Town Organizational Assessment Project Report
Julia Novak, Rebekka Hosken, and Jim Flick, of Raftelis reviewed the Organizational Assessment they
performed. Some of the recommendations included in their report are: suggest removing the reference to
Assistant Town Manager for the Director of Land Use, Health, & Development, as well as Finance positions,
and call them Department Directors that provide supervision for important organizational functions; establish
a new position within the Town Manager's Office of Assistant Town to take some of those specific
functional roles and provide supervision to them; and restructuring the support functions for both the Select
Board and the Town Manager's office, to create opportunities for cross training and improving efficiency and
daily operations.
Ms. Hosken stated that, regarding Human Resources(HR) in Town, it was noted that the Town HR was
largely decentralized. There is a low level of HR support being provided to departments right now, as the
Town HR staff are really focused on processing benefits for both the Town and school staff, or
approximately 1,500 employees. There is insufficient staffing to address strategic Town priorities and HR
needs. The recommendation is to take a part time HR Municipal Assistant and make that person full time,
and then to add some limited-term HR staff to provide additional capacity. A second recommendation is to
reorient the Town's HR Department to focus on strategic priorities.
Ms. Hosken stated that, regarding the Public Health Department, the recommendation is to move this
department outside of the Land Use, Health, & Development Department into its own department, and to
have its Director report directly to the Town Manager. The recommendation for the Transportation
Department includes three different options: to simply clarify the duties of the department, to create a
standalone Transportation Division within the Land Use, Health, & Development Department and combine
all staff in one location, or to leave the Transportation staff where they are currently located but have them
report to the Transportation Division in the Land Use, Health, & Development Department. Another
recommendation is to rename the Land Use, Health, & Development Department to a Community
Development Department.
Mr. Flick explained that, regarding the Facilities Department, one recommendation is to make Facilities
responsible for the interior and exterior of the physical structures in Town, and then assign Public Works to
be responsible for all the grounds maintenance, including mowing, landscaping, snow removal, and paving
activities. This would include both Town and school facilities. The Facilities Department would also manage
the construction of any new structures and partnering with applicable stakeholder departments in the
planning process. It is also recommended that the Town Manager become the sole direct supervisor for the
Facilities Director, and that a formal service agreement be drafted for facilities maintenance at the schools.
Mr. Flick stated that a recommendation is for the Town to create one housing position to focus directly on
housing issues. This position could be added within the next two to three years. Regarding the Information
Technology (IT) Department, a recommendation was made to retitle the Information Technology Director to
Assistant Director for Technology Infrastructure. Another recommendation is to eliminate the position of
Webmaster and the function be reassigned under the Public Information Officer in the Town Manager's
Office. The Municipal Assistant should also report directly to the Department Director.
Regarding the Finance Department, Mr. Flick explained that recommendations included amending the Town
bylaws to delete Special Act Chapter 777, which would eliminate the use of the Comptroller title. The
position would then be retitled as Finance Director. Also finding additional ways to automate the Town’s
payroll process.
Ms. Novak explained that one recommendation made was to streamline the number of boards and
committees that exist in Town. An additional recommendation was to identify staff people for specific
committees. Finally, a recommendation for formal onboarding for new board and committee members.
Mr. Malloy stated that he will draft an implementation plan which will first be shared with the senior
managers, before being brought back before the Board for a larger discussion.
Mr. Pato stated that he would like to make sure both the boards/committees in Town and the Town
operations themselves are meeting the Town’s needs. He is more interest in the direction of these groups than
the exact titles or numbers that exist.
Ms. Barry stated that she is not in favor of combining the Select Board’s Office with the Town Manager’s
Office. She stated that this report seems Town Office Building focused and asked if the scope of work
included an organizational assessment across all Town departments. Ms. Novak stated that the report was a
high-level assessment focused on structure.
Ms. Barry stated that she is confused with the mentions of removing and adding titles throughout the report.
She stated that, while she agrees there needs to be an assessment as to the number of boards/committees in
Town, there also needs to be great caution taken not to offend any volunteers of the Town.
In response to a question from Ms. Hai, Mr. Malloy explained that the original Request for Proposal was to
do an organizational assessment of the structure of the Town government, and where there could be
efficiencies gained and better adjacencies. There are likely still funds left from the original appropriation in
case further refinement or expansion of the project is desired.
Mr. Sandeen agreed with Mr. Pato and Ms. Barry on the keeping Select Board office staff independent. Mr.
Sandeen stated that he was also expecting that this report would include recommendations on an operational
assessment of how the Town can be more effective in providing services, and also how the Town can be
more effective in providing clarity to residents on where those services are provided. Mr. Sandeen also
agreed that we have extraordinary citizens who are willing to make valuable contributions to the Town, and
we should be embracing that resource, not pushing it away. He agreed with the recommendations on the
proposed reorganization of the Health Department and Transportation roles. He does not support the
recommendation to hire an assistant town manager to manage Sustainability, DEI and Communications,
instead believing that those roles should be integrated with senior staff. He was hoping this report would
have provided recommendations on how the decision making culture of the organization might be more
effective in the future. Ms. Hai stated that titles do have an important role to play in retention and recruiting.
She was unsettled with the report focusing on staff not answering phones in the office, versus a reflection of
the valuable work that staff is completing.
Mr. Malloy stated he would bring to the Board at a future meeting his proposal for an implementation plan
for further discussion.
DOCUMENTS: Raftelis Report Presentation
4. Noise Bylaw Special Permit Amendment Request - Night Work for Water Main Replacement
on Lowell Street
Ms. Hai explained that, due to unforeseen utility conflicts, the contractor was delayed in the work towards
installing 24” water main to the intersection of Woburn Street and Lowell Street. The applicant respectfully
requests an amendment of the dates from the weeks of August 8th and August 15th to now be the weeks of
August 22, 2022 and August 29, 2022, Monday through Friday from 7:00pm to 5:00am (4 nights each week)
on the Noise Bylaw Special Permit, which was originally approved at the July 25, 2022 for nighttime work
on the Water Main Replacement Project at the intersection of the Lowell and Woburn Streets in Lexington.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to amend dates on
the Noise Bylaw Special Permit for evening work to be conducted from 7:00pm to 5:00am for four nights
Monday through Friday, for the each of the weeks of August 22, 2022 and August 29, 2022 with notification
to all abutters by mail and by hand required before commencement of the night work for the Town of
Burlington’s water main replacement project at the intersection of the Lowell and Woburn Streets in
Lexington.
DOCUMENTS: Request Letter to amend permit
5. Discuss Potential Special Town Meeting regarding Remote or In-Person Participation and
Potential Schedule
Ms. Axtell reviewed the following draft schedule if a Special Town Meeting were to be held in early
November:
9/12/22 - Select Board would call a Special Town Meeting
9/23/22 - Citizen petitions would be due.
9/19/22 - Draft warrant would be shared at the Select Board meeting.
10/3/22 - Final warrant presented and signed by Select Board on this evening.
10/4/22 - Warrant would need to be sent to the printer
11/1/22 - Proposed first day of potential Special Town meeting.
The Board discussed the possibility of holding the Special Town meeting in a hybrid fashion. It was also
noted that potential articles should be of time-sensitive nature when being requested for inclusion in a
Special Town Meeting.
ADJOURN
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at
8:04 p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary