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HomeMy WebLinkAbout2024-07-08 SB-min SELECT BOARD MEETING July 8, 2024 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, July 8, 2024, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Olga Guttag, 273 Emerson Road, asked that the Board work with the School Committee on the proposals being put forth. Specifically, the budget is too high and the proposed project for the school construction has not been taken seriously enough. A design of a substantially lower cost should be considered. Dawn McKenna, 9 Hancock Street, asked about a maintenance plan for the islands around the Battle Green. She stated the island is currently full of weeds. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy stated that the Library construction project came within the budget. Once the bids are fully vetted, that project will move forward. DOCUMENTS: Weekly Update 6-28-24; 7-5-24 SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Hai noted that Lexpress passes are on sale and there are $20 unlimited annual passes. She encouraged people to use Lexpress. Mr. Pato stated that the School Building Committee met today. They requested a summit meeting as soon as is reasonably possible in July or early August to bring together the School Building Committee, Select Board, School Committee, financial committees, and the Recreation Committee. DOCUMENTS: 07082024_Select_Board_Announcements_and_Liaison_Reports_ CONSENT AGENDA 1. Approve and Sign Eagle Scout Commendation Letter – Amelia Grace Tan To approve and sign a letter of commendation congratulating Amelia Grace Tan of BSA 119 for attaining the highest rank of Eagle in scouting. DOCUMENTS: 2024.06.18 Letter from Eagle Scouts_Redacted, Eagle Letter - Amelia Grace Tan 119 2. Approve and Sign Proclamation – Massachusetts Emancipation Day aka Quock Walker Day To approve and sign a proclamation recognizing July 8, 2024 as Massachusetts Emancipation Day aka Quock Walker Day in the Town of Lexington. DOCUMENTS: 2024 Massachusetts Emancipation Day aka Quock Walker Day Proclamation.docx 3. Approve Select Board Committee Appointment  Lexington Housing Authority – Tenant Member Seat – Mena Bell  Town Celebrations Committee- Yifang Gong, David Grabel To appoint Mena Bell as the Tenant Board Member to the Lexington Housing Authority Board to the unexpired term of Maureen Rynn set to expire on March 31, 2027, to be effective immediately. To appoint Yfang Gong to the Town Celebrations Committee to the unexpired term ending June 30, 2027 and appoint David Grabel to the Town Celebrations Committee to the unexpired term ending June 30, 2025, to be effective immediately. 4. Approve Select Board Committee Reappointments Town Celebrations Subcommittee To reappoint Perla Walling-Sotolong to the Town Celebrations Subcommittee for a one-year term ending on June 30, 2025. 5. Approve Select Board Committee Resignation Lexington Tree Committee To accept the resignation of James Wood from the Lexington Tree Committee, effective August 1, 2024. DOCUMENTS: 2024 Resignation - Tree Committee from James Wood_Redacted 6. Approve Select Board Meeting Minutes To approve and release the following minutes: June 17, 2024 Select Board. DOCUMENTS: DRAFT 06172024 Select Board minutes 7. Approve Water & Sewer Commitments  Water & Sewer Cycle 9 Billing March including Bedford fee: $288,452.56  Water & Sewer Cycle 9 Billing April including Bedford fee: $273,142.91  Water & Sewer May Finals 2024: $5,359.54 To approve the above Water & Sewer Commitments. DOCUMENTS: SB Meeting W/S 8. Accept Drainage Easement – 65 Winter Street To approve the easement agreement at 65 Winter Agreement and further to authorize the Select Board to execute the agreement. DOCUMENTS: Easement Agreement, Certificate of Trustees 9. Approve Battle Green Use Request – Lexington Minute Men – 2024 Change of Command Ceremony To approve the request from Lexington Minute Men, Inc. to use the middle of the Battle Green on the Harrington Road side by the flagpole on Sunday, September 8, 2024 from 12:00pm to 4:30pm for the purpose of their 2024 Change of Command Ceremony. 10. Amend Battle Green Permit - Semiquincentennial Commission (Lex250) & Road Closure Request on Massachusetts Avenue to Add a Rain Date To approve adding a rain date of July 20, 2024 onto Battle Green use permit for the Semiquincentennial Commission (Lex250) ‘Parker’s Prelude’ event and the road closure of Massachusetts Avenue from Bedford Street to Harrington Road on Saturday, July 13, 2024 between 11:00am to 2:00pm; Rain Date Saturday, July 20, 2024 between 11:00am to 2:00pm VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. FY2024 Budget Adjustments Ms. Barry noted that she would recuse herself from the Police salary adjustment discussion and votes. Carolyn Kosnoff, Assistant Town Manager for Finance, and Rosalyn Impink, Budget Officer presented the FY2024 end-of-year budget adjustments, including five End-of-Year (EOY) budget transfer requests, four Salary Adjustment (SA) transfers, and one Revolving Fund authorization increase. No Reserve Fund transfers are being requested for the end of FY2024. Ms. Impink reviewed the EOYs. She explained that the first transfer is for Property and Liability Insurance. Insurance rates have outpaced the projections. For the past two fiscal years, Staff budgeted an 11% increase for FY24 over FY23 and a 15% increase for FY25 over FY24. The proposal is to move $25,000 from the Health Insurance account, to catch this line up to where it should be. In FY24, the Health Department was separated from the Land Use Housing and Development Department. To facilitate that change, two staff members were regraded to reflect increased responsibilities. Those were not originally budgeted for at the time that the budget was passed. The Department also paid a part time temporary employee to help get the Department up and running, which was budgeted for in Contracted Services. The request is to transfer $9,500 from the Department's expenses to Personal Services. Legal services this year went over budget, due to litigation as well as legal expenses related to affordable housing and the Affordable Housing Trust. The request is to transfer $96,000 into this line item from the Town Manager's budget and the Land Use Housing and Development budget. This year the Clerk's office rented poll pads for voter check in during elections. These were more expensive than anticipated but reduced the need for staff. The request is to transfer $15,000 from the Clerk's Election Salary budget to Electronic Contract Services to cover this overage. Tech support for Town Meeting from the IT Department was not something that was budgeted for, as it was a relatively new need. This was being managing within the IT overtime budget for the past couple years, which pushed the line item over due to other overtime expenses. The request is to transfer $8,000 from IT Expenses to cover Personal Services. Ms. Impink reviewed the SAs. There is currently $2,773,010 in the account. Tonight's adjustments total to $1,070,500, leaving just over $1.7M in the account. Regarding the Fire Department, the union contract was settled in FY23. The request is to transfer $1,030,000 to cover the over budget amount. This will cover retroactive pay, holiday pay, vacation buybacks, and overtime expenses related to wage increases from the contract. In FY24, the Library union contract was settled. Those increases were not included in the original budget, and the request is for $25,000. In terms of the Select Board, employee turnover this year incurred a vacation buyback, which was an unanticipated expense. The request is for $2,500 to cover that overage. Ms. Impink reviewed the Revolving Fund increase. The Compost Revolving Fund exceeded projected revenues this year. However, this led to additional sales tax, which put the Fund over its total spending cap. The Fund has an adequate balance to support the requested increase of $65,000, putting the authorization cap at $940,000. Regarding the Police Department (Ms. Barry recused herself from this item) Ms. Impink explained that there were several vacation buybacks and overtimes incurred to cover vacancies. This pushed the Department over budget. The request is to transfer $13,000 from the Salary Reserve account. Bob Pressman, 22 Locust Ave. and member of the CPC, asked the total legal budget for the period being discussed. Ms. Kosnoff stated that this was $390,000. Mr. Pressman stated that the requested amount for this item seems reasonable to support this activity. Summary of Requested FY2024 End-of-Year Budget Adjustments Revolving Fund Transfer from End-of-Year Authorization Salary (Interdepartmental) Total Increase Adjustment Transfer Adjustment Department Prop. & Liability Insurance $ - $ 25,000 $ - $25,000 Police Department $13,000 $ - $ - $13,000 Fire Department $1,030,000 $ - $ - $1,030,000 Library $ 25,000 $ - $ - $25,000 Health Department $ - $ 9,500 $ - $9,500 Select Board $2,500 $ - $ - $2,500 Select Board - Legal $ - $ 96,000 $ - $96,000 Town Clerk $ - $ 15,000 $ - $15,000 Innovation & Technology $ - $ 8,000 $ - $8,000 Compost Revolving $ - $ - $ 65,000 -$65,000 $1,070,500 $ 153,500 $ 65,000 $1,289,000 VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve and authorize the Chair to sign the five End-of-Year budget transfers, three Salary Adjustment transfers, and one Revolving Fund authorization increase as presented. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and authorize the Chair to sign the Police Department Salary Adjustment transfer as presented. DOCUMENTS: ALLBudgetTransfers_YE_FY2024 2. Discussion Regarding Potential Summit on Sustainable Efforts and Historic Preservation Mr. Malloy explained that this is a brainstorming session for the Board to discuss the intersection of historic preservation and sustainable improvements to private (and public) property. There have been instances of property owners seeking to make improvements to their property to make structures more energy efficient, only to run into historic preservation restrictions. This discussion is to ascertain whether the Board is interested in creating an Ad Hoc Committee consisting of two members of Sustainable Lexington, one member of the Historic Districts Commission, one member of the Historic Commission, and one member of the Select Board, working with the Sustainability and Resilience Officer, to review Town Bylaws and make any recommendations that would facilitate sustainable improvements while maintaining the historic look of properties. Paul O’Shaughnessy, 61 Ivan Street and Chair of the HDC, stated that the HDC would welcome the input from Sustainability on these items. Dawn McKenna, 9 Hancock Street, asked about the role of the Historical Commission in this process. It should be made clear what their authority is in this. Wendell Kalsow, 25 Summit Road and member of the Historical Commission, stated that the Commission does not regulate color of houses and has not imposed this on any applicant, to his knowledge. He asked that each group involved in this Ad Hoc Committee have one or two representatives involved. 3. Update on Town Manager Search Screening Committee Timeline Ms. Hai stated that today was the deadline for submissions and, as of this morning, twenty applications have already been processed, with an expectation of approximately twenty-four total. There is a Search Screening Committee meeting on Wednesday to complete an initial review of the pool of candidates. The goal is to eventually bring in no more than ten people for the Committee to meet with. A finalist pool of likely three to five candidates will then be brought to the Board. Ms. Barry asked if internal candidates go through the same process as external candidates. Ms. Hai stated that the process is the same for all candidates. 4. Discussion on the Plastic Bottle Ban Policy - Municipal Services Mr. Malloy reviewed the updated versions of the policy with the Board. The Board previously had a concern regarding third parties using the Town facilities and enforcement of the prohibition on these third parties. The Town has enough facilities and enough third-party users of Town facilities that there is not sufficient staffing to enforce this on third party users. The edits include changing "required" to "expected" in the redline version. However, that entire sentence could be eliminated, and the Town could focus on internal operations initially and then work on the external aspect of third-party users at a future modification of this policy. Ms. Barry noted that the policy should be amended to reflect if the Town actually has the purview to stop the Schools from purchasing. She also suggested a clause regarding departments carrying water during extremely high temperatures. Mr. Pato stated that he believes this is covered under emergency exemptions in Section 4. Mr. Lucente expressed concern regarding how this will be perceived in the community at large by users of the public facilities and properties. The transition period is unknown by any users. He is concerned that this policy will also not be enforced. He suggested doing more outreach and consider removing the parts about third parties altogether. This policy could create confusion, resentment, and anger. Mr. Sandeen noted that the Board previously heard from the students proposing this policy that they would be approaching the School Committee with a similar policy. Mr. Pato stated that there is clearly a policy that the Town can implement with regard to municipal services. The second dimension is regarding third party users who have permitted uses. The expectation for those users is that the Town has adopted a no plastic container, single use bottle policy. People who rent public facilities and want to sell water are already covered under the policy that was already passed stating that plastic bottles cannot be used. Ms. Hai stated that it is still unclear how this will be enforced. Ms. Barry expressed concern with the lack of outreach on this item. She would rather people embrace this policy than try to get away with it, making enforcement even more difficult. Mr. Pato stated that the proposed change in language, to be an expectation rather than requirement, reflects on the fact that this will not yet be enforced. The communication shows that the community values not generating excess plastic waste. Ms. Barry stated that most people will see this as something to be enforced. She recommended including language that the Select Board will be considering developing a policy that would apply to third parties. If this is not going to be enforced, it may make it more difficult for people to take other items of enforcement seriously. st Ms. Hai stated that she would be okay with the municipal policy starting on September 1 along with language that encourages third party users to join in this effort transitioning into 2025. The group of students that suggested this could then be asked to create some catchy signage to spread the word around Town. Laura Swain, 29 Locust Ave., stated that the purpose of the policy is to encourage people to bring reusable water bottles. The cost of this policy should thus be close to minimal. It is clear that municipal departments should be able to implement this quite easily. It would be wise to include language that third- party users of the Town’s facilities will eventually be required to comply. Dawn McKenna, 9 Hancock Street, stated that there is no way to know the unintended consequences of this policy. She suggested the Board ask each Department, and potentially the School, to conduct data collection through the summer to determine which activities there are in which single-use water is used. Lin Jensen, Town Meeting Member Precinct 8, stated that cans are being used to replace many plastic bottles and these could be used for events. There was agreement on the Board to see revised language for this policy per the discussion, while also st having Town Departments move forward with a September 1 implementation. DOCUMENTS: Redline Policy - Updated 7-3-24, Clean Policy - Updated 7-3-24 5. Review and Approve Conduct and Decorum for Public Meetings Policy Mr. Lucente explained that the Conduct and Decorum for Public Meetings Policy establishes guidelines for maintaining an orderly and respectful environment during public meetings, ensuring compliance with recent Massachusetts Supreme Judicial Court rulings. Initially presented on December 18, 2023, the Board requested revisions to incorporate additional feedback and align with other Town documents. He and Mr. Sandeen drafted the policy, emphasizing public participation and decorum. The Town Clerk provided feedback with was incorporated into the policy, as it will replace page 17 of the Town Clerk’s Boards and Committees Handbook (2024 Edition). He reviewed a couple of pieces of feedback received. The Board discussed potential changes to the policy and agreed to review revised language at a future meeting. DOCUMENTS: Conduct and Decorum for Public Meetings Policy 6. Review and Approve Lex250 Recommendation for Dignitaries Invitations Mr. Lucente explained that the Semiquincentennial Commission has prepared a comprehensive report th outlining the recommended dignitary invitations for the 250 Anniversary of the Battle of Lexington in April 2025. Extensive community feedback was gathered through public listening sessions and online comments, ensuring the event reflects the diverse views of Lexington residents. This report emphasizes the importance of inclusivity, historical significance, and diplomatic relations to ensure a diverse and enriching celebration. The report highlights Lexington's tradition of inviting dignitaries for significant historical milestones, showcasing the Town's role in American history. The report and recommendations were approved unanimously by the Semiquincentennial Commission on June 26, 2024. The Board is being asked to review the list of recommendations and vote on the invitation list. Mr. Sandeen expressed his concern about the proposal to invite twice as many dignitaries as were invited in 1975. He is uncomfortable with inviting all former presidents, all former governors, and all former vice-presidents, that this is an event for the people and did not want the attendance of so many dignitaries to distract from the event. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0-1, with Mr. Sandeen abstaining, to approve the recommendation of the Semiquincentennial Commission to invite dignitaries to th the 250 Anniversary of the Battle of Lexington as outlined in the report dated July 8, 2024. DOCUMENTS: Semiquincentennial Commission (Lex250) Recommendation on Invitations to Dignitaries July 2024 ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at 8:23pm. A true record; Attest: Kristan Patenaude Recording Secretary