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HomeMy WebLinkAbout2022-01-10 SB-min Select Board Meeting January 10, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:00 p.m. on Monday, January 10, 2022 via Zoom remote 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. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining-Lexington Police Patrolman's Association (LPPA); Public Safety Dispatcher Union; Custodian Union; Police Superior Officers Union Ms. Barry recused herselfjrom this Executive Session. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to recess the meeting and enter Executive Session at 6:03 p.m. under Exemption 3: Discuss Strategy with Respect to Collective Bargaining - Lexington Police Patrolman's Association(LPPA); Public Safety Dispatcher Union; Custodian Union; Police Superior Officers Union. Further, it was declared that an open meeting discussion may have a detrimental effect on the bargaining position of the town. The Board reconvened its regular meeting at 7:04 p.m. Ms. Barry retook her seat. 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 Ms. Hai noted that the Massachusetts Municipal Association(MMA)is holding an Executive Board meeting on Wednesday morning regarding a decision for the annual conference. MAGIC will also be meeting tomorrow morning and a legislative update will be received. Mr. Lucerne welcomed Eloise Laurence, an intern from our sister city, Antony, France. TOWN MANAGER REPORT Mr. Malloy explained that 280 new COVID-19 cases were recently reported over a week's period in Town. There are currently approximately 25 Town employees out of work due to positive COVID-19 tests. He has been speaking with the Director of Public Health regarding mask mandates and the status of keeping Town buildings open to the public at this time. Mr. Malloy stated that the Town's new fire headquarters was featured in Firehouse Magazine as the gold standard for new fire stations. He also noted that there is also a report issued regarding the Ortiz report and the Police Department's activities. He explained that the Town will be pushing the Stormwater Utility Enterprise Fund from the 2022 to the 2023 Annual Town Meeting. This will be on a Board agenda either in February or March for discussion. CONSENT AGENDA 1. Accept Fund Terms—Phyllis E. Richardson Scholarship Fund To accept the terms of the Phyllis E. Richardson Scholarship Fund, which will be managed by the Trustees of Public Trusts. DOCUMENTS: Phyllis E. Richardson Scholarship Fund- Fund Terms, Phyllis E. Richardson Scholarship Fund-Phyllis E. Richardson Bio 2. Annual License Renewals To approve and sign the license renewals for Waxy O'Connor's, Lexington Auto Sales and Beijing Cuisine as identified in the summary. 3. Approve Amended Charge for Lexington Bicycle Advisory Committee To amend the Lexington Bicycle Advisory Committee charge by adding a student liaison and changing "Selectmen" to "Select Board". DOCUMENTS: Amended BAC-Charge, Amended BAC-Charge -redlined 4. Approve Amended Charge for Commission on Disability To amend the Commission on Disability charge to increase the membership from 8 to 9 members. DOCUMENTS: Proposed Amendment to Commission on Disability Committee Charge 5. Approve Select Board Meeting Minutes To approve and release the Select Board and Summit meeting minutes of: • October 14, 2021 FY2023 Budget Summit I • October 18, 2021 • November 17, 2021 • November 18, 2021 • November 29, 2021 DOCUMENTS: DRAFT 10.14.21 Summit I Minutes, DRAFT 10.18.21 Select Board minutes, DRAFT 11.17.21 Select Board minutes, DRAFT 11.18.21 Select Board minutes, DRAFT 11.29.21 Select Board minutes 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. COVID-19 Update Ms. Joanne Belanger, Health Director, addressed the Board. She noted that there will be information on the Health Department page regarding how to get a QR code for vaccination cards. She stated that, since January 1, 2022, the Town has reported 448 cases in Town. She explained that there will be discussion regarding a tiered level of enforcement for the mask mandate. Mr. Malloy explained that there is a proposal to start an on-site testing center, once a week for the next seven weeks through February. The request for the Select Board to consider is to fund$175,000 to run seven sites using the same contract through PhysicianOne. Also, to purchase approximately 500 rapid test kits for the 325 full-time Town employees to use. If an employee tests positive on a rapid test, s/he could then set up an appointment at the Fire Department to get a secondary PCR test to confirm one way or the other. The intention is to make sure staff have an option to take an at-home test and not come into the office,potentially infecting others. In response to a question from Ms. Hai, Mr. Malloy stated that there is a concern with logistics on how the Town could obtain rapid tests and pass them onto the general public. It would be difficult to mail these, and a handout site would require additional staff. Mr. Lucente noted that the reported numbers may be low due to difficulty in finding tests. In response to a question from Mr. Lucerne, Mr. Malloy explained that the current Town policy defines being fully vaccinated as individuals who have received two doses of either Moderna or Pfizer COVID- 19 vaccines, or a single dose of the Johnson and Johnson vaccine, within 14 days. Proof of a booster vaccine will also be required, if deemed necessary by the Mass Department of Public Health, to maintain a fully vaccinated status. In response to a question from Mr. Lucerne, Mr. Malloy stated that some of the larger departments in Town have approximately 2-3 employees who are not fully vaccinated. There are approximately 1-2 employees in the Town Hall office that are not fully vaccinated. If this policy is implemented, employees will need to submit weekly COVID tests, if not fully vaccinated, to continue working. Mr.Pato noted that he believes an onsite testing center once a week may not be often enough but is a good starting point. He stated that he would like for the Town to look further into making rapid tests available to the public. In response to a question from Mr.Pato, Mr. Malloy explained that the Town would need to allocate approximately $25,000 in order to purchase enough rapid tests to have on hand for employees. In response to a question from Ms. Barry, Ms. Belanger explained that there has not been a huge surge of cases in nursing homes as there was at this time last year. In response to a question from Ms. Barry, Ms. Belanger stated that there hasn't been discussion on booster vaccine clinics through the Town at this point. Residents can go to the vaccine clinics held through the school system. There is also still a State program to do at-home booster vaccine visits. Ms. Barry noted that she agrees with Mr.Pato regarding the Town having some rapid tests on hand for the public. In response to a question from Mr. Sandeen, Ms. Belanger stated that the Town can put together information regarding how to choose and purchase an adequate face mask for educating the public. Mr. Sandeen suggested that the Town could look into making quality masks available to the public. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the use of $175,000 from the ARPA funds for provision of weekly COVID-19 PCR community testing, up to $25,000 of ARPA funds for the provision of rapid tests per the discussion, and another $25,000 for the procurement provision of masks. All subject to availability and the ability of the Director of Public Health to organize this. 2. 2022 Fee Schedule for Recreation & Community Programs Ms. Melissa Battite, Director of Recreation& Community Programs, addressed the Board. She explained that this is an annual request that the Recreation Committee recommends to the Select Board in January for the upcoming fiscal year. The cost centers being recommended for funding include aquatics, tennis, pickleball camps and clinics,youth leagues, adult fitness, and Community Center rentals. This would equate to an estimate of$61,037 of increased revenue to the Recreation Enterprise Fund. The Community Center rental rates have been adjusted to reflect an hourly rental with a 10%increase for a majority of the rooms. There were no comments or questions from the Board or public at this time. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the proposed fee schedule as per the December 28, 2021 memorandum from Melissa Battite as included in the meeting packet. DOCUMENTS: Recreation Fee Proposals The Board recessed fi^om 8:19 p.m. 8:23 p.m. 3. FY2023 Preliminary Budget&Financing Plan Mr. Malloy addressed the Board regarding the White Book. The Board will discuss this more in-depth during Thursday's Finance Summit meeting. In response to a question from Ms. Barry, Ms. Kosnoff explained that this item is proposed to be placed on regular Board agendas for discussion until the final vote on February 7, 2022. In response to a question from Mr. Lucerne regarding the already approved Article 7 to spend$100,000 to study the structure of the Town, Mr. Malloy explained that the bid for this project has been awarded and the kickoff meeting will be happening shortly. Mr. Sandeen thanked Town staff for including funding in the budget for the bicycle pedestrian plan. Mr. Sandeen suggested that with electricity rates rising, the Town should be expecting to seeing increased solar net metering revenue in the upcoming year. Mr. Sandeen noted that he hopes the Town can find a way to budget for replacing the oil burning water heater at the pool with a more sustainable system. Mr. Malloy explained that research has found that a sustainable system is not practical in that location. DOCUMENTS: Presentation on FY2023 Preliminary Budget and Financing Plan, Town Managers FY2023 Preliminary Recommended Budget 4. 2022 Annual Town Meeting • Presentation -ATM 2022 Article: Adjust Retirement COLA Base for Retirees Ms. Barry recused herselffrom this discussion and noted that she will be recusing herselffrom voting on this article at ATM. Mr. Bob Cunha, Lexington Retirement Board Chair, made a presentation to the Board. He noted that most of the Town's retirees do not receive a full CPI increase due to the $14,000 COLA base limit and 3% maximum annual CPI limit. Many other Massachusetts systems have already increased the COLA base. The Town's retirees will see increase in their benefits go to higher premiums for Medicare coverage. Years of maintaining a low base are having long-term impact on retirees. The Retirement Board believes that raising the COLA base to $15,000 balances both the fiduciary and fiscal responsibilities to the membership and taxpayers. Ms. Barry retook her seat. • Presentation -ATM 2022 Article: Humane Pet Store Bylaw Ms.Pam Baker introduced her citizen's petition article to the Board. This bylaw would guarantee that puppy mills, which can be used to sell dogs, cats, and rabbits,will never be able to do business in Lexington. Animal purchases from reputable breeders and animal adoptions from rescue shelters would still be allowed. • Presentation -ATM 2022 Article: Accept Massachusetts General Law Chapter 41 Section 110A Ms. de Alderete, Town Clerk,presented this item to the Board. She explained that this allows any mandated deadline that falls on a weekend to be handled on a regular weekday date. • Review 2022 Annual Town Meeting Draft Warrant Ms. Axtell reviewed the draft warrant with the Board. She noted that Special Town Meeting 2022-1 will have Town Reports and an appropriation for 1525 Massachusetts Ave., the Police Station. Annual Town Meeting will hold the election, the election of the deputy moderator and town reports, and the Cary Lecture. The election does include the referendum vote on gas-powered leaf blowers. She reviewed the proposed financial articles, general articles, and zoning articles. Mr. Lucerne noted that the gas-powered leaf blower referendum seems buried in the warrant text. He suggested that this item be highlighted in some way. Ms. Hai noted that there is a proposal to include a link to the Town Clerk's webpage listing all Town Meeting members in the warrant, instead of listing all the members out within the warrant itself. Ms. Katzenback noted that printing costs have risen substantially and including these additional pages would increase the cost of printing the warrant. Ms. Barry stated that she believes the list of members should be printed, with a reference to the webpage for those who would like it. In response to a question from Mr. Sandeen, Ms. Axtell explained that the warrant cannot legally list that ATM may end up take place virtually, depending on legislation changes. If ATM is not held at Battin Hall, staff will need to work to get this message out to the public in as many ways as possible. Mr. Sandeen agreed with Ms. Barry regarding printing out the list, depending on printing costs. There could also be a QR code included. Ms. Hai requested that information be provided to the Board on the cost of including the list of Town Meeting members at a future meeting. Mr. Lucerne suggested that a Table of Contents may not be needed, and that these pages could thus be used for the listing of Town Meeting members. DOCUMENTS: COLA base increase for Retirees, COLA base increase draft motion, Humane Pet Store presentation, Humane Pet Store draft motion, MGLAcceptance (Saturday hours), MGLAcceptance (Saturday hours) draft motion, STM 2022-1 and ATM 2022 draft listing of article, 2022-1 and ATM 2022 DRAFT warrant 5. Discussion on Uses of American Rescue Plan Act(ARPA) Funds and Community Engagement Mr.Pato stated that he believes the economic stimulus items should be funded at this time,but many of the other items proposed do not address housing and food insecurities, or economic stimulus issues due to the pandemic. He suggested that there should be some assessment as to what problems need to be solved using these funds. Ms. Barry noted that the Retailers Association recently asked that the Board help businesses in Town that are hurting. Mr. Sandeen explained that Needham has a process in place to rapidly get grant funding to businesses. The Town may want to look into other models used by towns. Mr.Pato stated that he also doesn't want to lose businesses in Town that the residents rely on and provide vitality to residents and visitors. Ms. Hai noted that she would like to see the cultural/nonprofit sector listed on the plan. The Board was in agreement on the general format of the small business grant program but would like to see the addition of something developed for cultural and nonprofit organizations as well. The Board agreed that$250,000 allocated for small businesses seems appropriate, and that an additional $50,000 be allocated for cultural groups. Mr. Lucerne noted that LexHAB is requesting funds for design funding for the Vine Street project and to acquire properties to create additional housing opportunities. He suggested that$115,000 be set aside for the Vine Street project. The Board agreed to allocate $115,000 for the Vine Street project, and one quarter of the $1.2M request to purchase homes to create housing opportunities. The Board agreed to include food insecurity items under the Human Services Department portion of the plan. This is proposed to be funded at$50,000/year, for a total of$150,000/3 years. The Board agreed to allocate $100,000 for any urgent Health Department needs, such as contact tracers. The Board discussed moving forward with trying to find an additional Mental Health Clinician for the Town. The Board discussed moving forward with funding an Affordable Housing Trust or an Affordable Housing Development Corporation. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the use of ARPA funds as follows: $50,000 for food insecurity, $100,000 for temporary Health Department staffing, $90,000 for a Mental Health Clinician, $315,000 for LexHAB property acquisition, $115,000 for LexHAB Vine Street project design, $250,000 for small business assistance, $20,000 for Affordable Housing Trust support, and$50,000 for cultural grant incentives. DOCUMENTS: ARPA Spending Plan, ARPA Objectives - Joe Pato, LexHab Request for ARPA Funds, Small Business Grant Program 6. Lexington Opt-In to Settlement Agreement in Johnson &Johnson and Opioid Distributor Settlements Ms. Hai announced that the Board voted at their December 20, 2021 Executive Session meeting to authorize the Town Manager or his designee to execute the settlement agreement in late December on the National Prescription Opiate Litigation Settlement as per the MA Attorney General's proposal. DOCUMENTS: Opioid Settlement 7. Schedule Potential Debt Exclusion Vote Ms. Hai noted the Police Station project warrant article will come before Town Meeting at the Special Town Meeting to be held on March 28, 2022. She explained that if Town Meeting votes the new Police Station project on March 28, 2022, a debt exclusion(90 days from vote)would need to take place by June 26, 2022. Given the timing relative to end of school in 2022, staff is recommending either June 6, 2022, or June 13, 2022 for the debt exclusion vote. Ms. Hai stated that, if the Town Meeting vote is positive on March 28, 2022, the Board will target to take a vote at its meeting on March 30, 2022 to schedule debt exclusion election date. 8. Discuss Town Manager Review Process Ms. Hai explained that the 360 Review process is nearly complete.. Each Board member will receive a copy of the report provided from the review process. This will be used individually as input for the Board's internal review,but that the 360 review itself will not be discussed by the Board. DOCUMENTS: Proposed List of Action Steps for Town Manager Performance Evaluation, Blank form TM Performance Evaluation ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 10:44 p.m. A true record; Attest: Kristan Patenaude Recording Secretary