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HomeMy WebLinkAbout2020-07-13 SB-min Select Board Meeting July 13, 2020 A remote participation meeting of the Lexington Select Board was called to order at p.m. on Monday, July 13, 2020 via Zoom remote meeting services. 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. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker’s March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts’ State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. PUBLIC COMMENT Ms. Valerie Overton, 25 Emerson Gardens, requested that an update on diversity equity and inclusion initiatives be included on all Select Board agendas to keep the community apprised. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai  The new Visitors Center opened and is offering services outside including kiosks and guides for information services.  Ad Hoc Special Permit Residential Development Zoning Bylaw Committee (SPRD) is meeting next on July 21, 2020 via zoom. Jennifer Van Campen, the Executive Director of the Metro West Collaborative Development, will present alternative approaches to affordable housing. In addition, the committee will review other affordable housing bylaws and initiatives from other communities.  In regard to Social and Racial equity initiatives, the Town continues to explore potential pathways to making real change and recognition and figuring how we are going to go about doing a much more comprehensive review of our existing practices procedures in existence. Mr. Pato  The Bicycle Advisory Committee is meeting next week. Included on their agenda will be a review of the draft Bikeway Use Policy to then be reviewed by the policy committee for consideration of inclusion in the Select Board's formal policies.  At the Transportation Safety Group meeting last week it was announced that the Safe Routes to School responsibilities would now be handled by the Transportation Coordinator. This was defined in an FY21 Budget Program Improvement Request (PIR). Ms. Barry  A social distanced ribbon cutting ceremony for the Center Track and Field will be held at 10:00 a.m. on July 15, 2020.  The Recreation Committee July 15, 2020 meeting will include a review of the Parks and Recreation Policy.  Construction of LexHAB’s 34 Lowell Street (Farmview) properties is almost complete and ready for occupation, and they are planning a socially distanced tour for the Select Board members.  Reaffirmed that she had previously requested that an update on racial and social equity initiative be a standing agenda item for Select Board meetings. Mr. Sandeen  He and Mr. Lucente attended a community conversation on race hosted by LexChat last week. Mr. Pato stated he also attended and noted separate breakout sessions are held which allows Select Board members attendance without violating Open Meeting Law.  Massachusetts Department of Energy and Resources issued the final smart solar regulations, which has increased the value of the incentives for municipal projects. The net result for the Town of Lexington’s seven approved projects should be an additional $63,000 a year for the Town once those projects are completed. TOWN MANAGER REPORT Mr. Malloy reported the following:  The Town received $54,000 from the Shared Streets grant which will allow the Town to expand areas where the restaurants and other businesses can do outdoor business in Lexington.  The Town’s public restrooms remain closed at this time.  Interviews for the second health agent position, which was included in the FY2021 budget, are being conducted this week.  Interviews for the Director of Innovation and Technology position are being conducted this week.  The Safe Routes to Schools responsibilities were transferred to the Transportation Manager approximately three months ago.  In keeping with the Town's prior policy of not allowing private for profit businesses to use public land, the Town Manager’s Office received and denied several requests to use recreation space for commercial use. The Town Manager stated he would like to review how the Town could allow commercial business’ use of Town property during COVID-19 in support of our local businesses.  The following actions were taken regarding diversity, equity and inclusion initiatives: o Reached out to National League of Cities regarding their race, equity and leadership (REAL) program; o Registered for the Government Alliance on Race and Equity (GARE) and researching the service offerings that may be useful for the Town; o Scheduled a meeting with All Aces Inc., a Boston-based group designed to help organizations identify equity opportunities and to customize their diversity, equity and inclusion efforts; o Responded to the Association of Black Citizens of Lexington (ABCL) regarding their questions raised at previous meeting Mr. Malloy, Mr. Lucente and Chief Mark Corr attended.  The Governor introduced legislation to begin the certification process for police officers to address some of the national issues between police departments and people of color. Several Boston metropolitan area municipal Mayors and Managers are sending a letter related to these legislative initiatives. Mr. Malloy is reviewing the position statement and has some concerns with the information which he will convey to the Board. Ms. Barry requested an update regarding the subject of hiring a Diversity, Equity, Inclusion (DEI) Coordinator and an update regarding the dates being considered for holding community conversation sessions regarding social, racial and inclusion be reported at an upcoming meeting. Mr. Sandeen asked the Town Manager to give an update to the Board regarding the Town Manager’s appointments to the 25% Design Working Group for Hartwell Avenue. Mr. Malloy stated that seven members have been appointed to the 25% Design Working Group for Hartwell Avenue. In addition to these seven members, Mr. Malloy will be selecting a representative from the Select Board and a representative from the Planning Board to the working group. ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update - Discuss Strategies, Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Attached please find the weekly report. Mr. Malloy reported the following update:  The Town of Lexington had 327 confirmed cumulative cases of COVID-19 reported in Lexington of which seven are active cases.  While the Town offices remain closed to the public, 25% of the staff is working in the office and 75% continue to work remotely. The weekly conference calls continue with the Senior Management Team to hear an update from health officials regarding the number of local cases and to discuss action items.  The Recreation Department has been monitoring Phase 3 openings that have been allowed by the state which now provides for some organized sports such as baseball, softball and non-contact lacrosse. The golf tee times at Pine Meadows are now being scheduled at nine minute intervals.  The Cary Memorial Library is providing curbside service and beginning to review next steps for reopening.  The Health Director has been working with the Lexington Transportation Manager on protocols needed for the Lexpress service to resume.  The Health Director has also been working with the Town Clerk on safety protocols for the election polling locations. Mr. Eric Michelson, President of the Lexington Retailers Association, read a joint letter from the Lexington Retailers Association and the Lexington Chamber of Commerce to the Select Board requesting more flexibility during COVID-19 to allow local businesses such as wellness, fitness and arts and culture use of Town owned outdoor space. Each of the Board Members expressed support for the creation of a policy which would allow Town owned outdoor space to be used by local businesses during COVID-19. Ms. Hai expressed concern that Lexington residents are not getting tested at nearly the rate as other communities. She suggested better communication and promotion of the testing location information to our residents is needed. Mr. Lucente reiterated his previous suggestion to create a reopening task force to help expedite resolution to certain issues that would normally be dependent on scheduled Select Board meetings. Ms. Barry stated it is important that the Town and School are on the same page in regard to approving or not approving commercial requests for use of Town owned outdoor spaces. Mr. Sandeen stated the importance of looking at our ventilation and air filtration in the Town offices as it relates to the prevention of the spread of COVID-19 as well as the importance of more local testing, supplemented by rapid contact, tracing to identify and isolate potentially other infected people. Dr. Heiger-Bernays, Board of Health Chair, reported that the current turnaround time for Covid-19 test results is, unfortunately, five to seven days. The State does not currently have the capacity to respond any quicker to all of the testing requests. Dr. Heiger-Bernays stated a number of organizations have partnered with the Broad Institute through Massachusetts Institute of Technology (MIT) to work towards getting COVID-19 testing results faster. Ms. McKenna, 9 Hancock Street, stated she feels that Lexington businesses should be granted permission to use Town owned outdoor property for their commerce. DOCUMENT PRESENTED: Covid-19 Weekly Report 2. Appointment of Election Officers Mr. Pato and Ms. Barry recused themselves as they each have family members on the proposed list of Election Officers. Ms. Rice, Town Clerk, stated the Board of Registrars voted at their June 25, 2020 meeting to approve the list of election officers and to request Select Board approval of these proposed election officers. Mr. Lucente informed the Board that Ms. Lisa Sandeen has submitted her formal request today to the Town Clerk to be removed from the proposed list of election officers that is before the Board. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 3-0 to approve the list of election officers recommended by the Town Clerk and Registrar of Voters as amended. Mr. Pato and Ms. Barry returned to the meeting. DOCUMENT PRESENTED: Town Clerk Memo, Proposed Election Officer List 3. Discuss Polling Locations Ms. Rice, Town Clerk, stated she is requesting to move the Precinct Seven polling location out of the Estabrook School and into Keilty Hall, St. Brigid Church. If approved, the Town would notify all voters by a postcard in the mail prior to the state primary and prior to the presidential election. Precinct voting location information would also be posted to our Town website and other social media platforms as well as the Colonial Times to notify the voters. In accordance with the State statute, the Select Board is required to formally designate the new polling location. Ms. Barry inquired if moving the polling location out of the Bowman School will be considered in the future. Ms. Rice replied that it would be a consideration if possible. In the meantime, as an outside entrance is used for access to the polling location in the closed off gym, voters do not enter the school area where there are children. Only the election officers may enter the school to use the restrooms. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0, per Massachusetts General Law Chapter 54, Section 24, that Keilty Hall at St. Brigid Church at 2001 Massachusetts Avenue be designated as the Precinct Seven polling location on a permanent basis, in addition to Precinct Nine. DOCUMENT PRESENTED: Memo from N. Rice, Town Clerk ACTION ITEM.  Mr. Sandeen requested a discussion be placed on an upcoming Select Board agenda regarding the efforts of promoting absentee voting. 4. Proposed Changes to Lexpress Routes The item has been tabled to the July 27, 2020 Select Board meeting. 5. Review Proposed Special Town Meeting Dates Mr. Lucente stated he, Mr. Malloy, Town Staff members and Ms. Brown met and to put forth a proposal for Select Board discussion of scheduling two Fall Special Town Meetings (STM). He explained Fall STM- 2 is proposed to be held on September 29, 2020, September 30, 2020 and October 1, 2020, to cover the financial articles as well as the five citizen petitions referred back to the Select Board from Annual Town Meeting. Fall STM-3 is proposed to be held on November 16, 2020, November, 17, 2020, November 18, 2020 and November 19, 2020 to address the articles referred back to the Planning Board, citizen articles related to planning topics, and potentially an article on the Police Station. Ms. Axtell, Deputy Town Manager, added that the proposed fall STM dates took many factors into consideration including:  Town Clerk’s Office constraints due to elections  Time frames for financial related articles needing approval  Required Planning Board hearings  Timing to culminate cost figures for the Police Station project  Possibility of a remote Town Meeting Ms. Kosnoff, Assistant Town Manager for Finance, stated some other factors for selecting fall STM dates include the Tax Rate setting, which must occur by December 2, 2020, and the receipt of State aid information. Ms. Kosnoff stated she felt that a more ideal time for a Special Town Meeting would be late October or early November 2020 in regards to adjusting the budget. She noted that preparation for Fall STM would include holding a financial summit by early September 2020. Mr. Sandeen asked when the Debt Exclusion Election would be scheduled if the Police Station Design Funds are approved at a Fall Town Meeting. Mr. Malloy suggested the Town could consider putting a Request for Bid out in December 2020 or January 2021, and have the Debt Exclusion Election in March and award the bids after the election. Ms. Hai expressed concern that the proposed schedule may not include sufficient number of days that might be needed to act on such a large number of articles. Mr. Pato expressed concern of having a Debt Exclusion vote in March 2020. He stated that in the past Town Staff has cautioned that delaying or putting a bid package with a caveat of bid award dependent on voter ratification would lead to less aggressive bids. Ms. Barry suggested to consider prioritizing what articles must be acted on before the end of 2020 and if there may be any articles that could be held off until the 2021 Annual Town Meeting. Ms. Brown, Town Moderator, stated that there is no legal commitment to the citizen’s petitions referred back to Boards at the 2020 ATM to be scheduled by a Fall 2020 STM. She suggested that no matter when these citizen petitions are scheduled the petitioner’s should not be required to obtain additional signatures. Ms. Brown also expressed concern that a sufficient number of days be scheduled to handle the number of articles proposed for the Fall Special Town Meetings. Upon discussion, generally the Board felt it best not to schedule four consecutive nights of STM sessions; they would be in favor of a remote Town Meeting if the State allows; expressed December 2020 or January 2021 should be considered as potential time periods to take up articles for a STM. Ms. McKenna, 9 Hancock Street, stated she feels that the Board should defer as many articles as possible to a later time when Town Meeting can be held in person to facilitate a more robust debate and discussion. DOCUMENT PRESENTED: Calendar for Fall STM proposed dates ACTION ITEM:  Updated proposal for Special Town Meeting dated be put onto an upcoming agenda 6. Discuss Community Interest in Mass Clean Energy Center HeatSmart Program Ms. Cindy Ahrens, Sustainable Lexington Committee explained the HeatSmart Massachusetts Program is a partnership between Mass Clean Energy Center (MassCEC) and Massachusetts Department of Energy Resources (DOER). HeatSmart Mass is a community-based outreach and education program aims to increase community awareness and increase adoption of residential and small-scale commercial clean heating and cooling installations through a group purchasing model. HeatSmart Mass is modeled on the highly successful Solarize Massachusetts program, which is now in its tenth year. MassCEC provides some funds for marketing, somewhere in the $5,000-$7,000 range. Ms. Ahrens stated the Sustainable Lexington Committee feels the HeatSmart program as a great way to start to increase the number of Lexington homes that use clean heating and cooling technologies through this marketing campaign program. She provided the following overview next step for the Town Government:  Choose a municipal representative to be on our local HeatSmart team  Agree to the campaign and sign off on the Signature and Acceptance form  Write a letter supporting the town's participation in the HeatSmart program  Facilitate a survey of residents to determine interest in the program, Ms. Ahrens explained that if Lexington is accepted into the program, then Lexington's municipal representative would execute the MassCEC Community Contract, participate in some of the administrative aspects of setting up and running the program, participate in training, help the HeatSmart team analyze buildings/areas best suited to program help team identify opportunities to leverage municipal infrastructure to promote the program (i.e. website, inserts in tax or water and sewer bills, email lists, signage etc.) Ms. Hai asked if there are any obligations the Town would incur if the Town signs a contract or accepts the grant. Ms. Ahrens replied that she doesn’t believe that there are any obligations other than the community outreach campaign but she would verify. All Select Board members stated they were supportive of an application being submitted subject to identifying any obligations of the Town and confirming there are no liabilities to the Town. DOCUMENT PRESENTED: Presentation - HeatSmart Program ACTION ITEM:  Sustainable Lexington Committee to report back to the Board, prior to the submission of the application, of any obligations the Town may have if accepted into the HeatSmart program. 7. Approve Grant of Location Policy Mr. Malloy stated the proposed Grant of Location policy includes the modification suggested at the June 10, 2020 meeting. Mr. Sandeen suggested at this meeting that the Grant of Location Policy section 6- The Select Board may condition Grants of Location on the applicant’s commitment to include the following sub-items: a. Remove any of its unused wires, bundled wires, loose wires, or doubled poles within 500 feet of the site of the requested location; and b. Request any other owner to remove their unused wires, bundled wires, or doubled poles within 500 feet of the site of the requested location; and c. Remove and replace condemned utility poles within 500 feet of the site of the requested location; and d. Notify the Town of Lexington Select Board within thirty (30) days of applicant’s and other’s owners’ completion of the commitments made under this section. DOCUMENT PRESENTED: Draft Grant of Location Policy VOTE: Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5-0 to approve the Grant of Location Policy as amended. ACTION ITEM:  Ms. Barry asked that the Grant of Location Policy be shared with the Building Department to share with Contractors who may be looking to move or add a pole as a part of their construction project. 8. Approve Minutes Mr. Sandeen stated he feels the new format of the minutes for June 29, 2020 and forward should include the public comments. The Board agreed to pull June 29, 2020 minutes from the agenda to be updated with any substantive comments from the public, committees and Board members. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the minutes of: September 9, 2019; September 9, 2019 - Joint BOS/Historic Districts Commission; September 23, 2019; October 7, 2019 - Joint BOS/School Committee - Integrated Building Design; October 16, 2019 - Fall Fiscal Summit; October 21, 2019; October 24, 2019; October 30, 2019. DOCUMENT PRESENTED: Minutes for the following dates 9/9/19, 9/23/19, 10/7/19, 10/16/19, 10/21/19, 10/24/19, 10/30/19 and 6/29/20 ACTION ITEM:  Select Board staff to update June 29, 2020 minutes and resend to Board for review prior to putting on an upcoming agenda for approval. CONSENT AGENDA 1. Water and Sewer Adjustments Motion: to approve the above adjustments per the WSAB meeting of 6/25/20 in the amount of $37,800.59 VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the consent agenda ADJOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn at 9:54 p.m. A true record; Attest: Kim Katzenback Executive Clerk