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HomeMy WebLinkAbout2020-04-06 SB-min Select Board Meeting April 6, 2020 A remote participation meeting of the Lexington Select Board was called to order at 7:01 p.m. on Monday, April 6, 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 the 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. SELECT BOARD CONCERNS AND LIAISON REPORTS Ms. Hai  Stated is National Public Health Week thanked all public health staff and our Board of Health. Mr. Pato  Last Thursday night, the Vision 2020 Committee hosted a panel recognizing 20 years of working as a committee looking at the future for Lexington, a discussion and prognosis. Mr. Lucente  The Human Services Department staff continues to meet weekly to discuss ways to help residents in need. Ms. Barry  An online donation link is now available on the Town’s Website for people who they want to donate to the Fund for Lexington, the donations made to this Fund between now and September 1, 2020 will be used to assist people who are having difficulties due to COVID- 19.  The Lexington Historical Society announced today that they will be posting a virtual Patriots Day on their website https://www.lexingtonhistory.org/ to watch past Patriots’ Day battle reenactments, parades and virtually tour their historic houses ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update - Strategies, Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Mr. Malloy reported that as of April 6, 2020, there were 47 Confirmed Cases confirmed cases of COVID-19 reported in Lexington, 32 residents under quarantine and 44 residents off quarantine. Mr. Malloy reported the following response actions related to COVID-19 have been implemented since his March 30, 2020 update to the Board: Town/School/Community:  The Hartwell Avenue Compost Site will be closed on Sundays for the time being with a schedule that will be Monday through Friday 7:30 AM to 3:00 PM.  The MDPH issued an order on 3/30/20 closing all lodging for business, vacation or optional travel and that hotels can only be used for essential reasons related to the current state of emergency.  Town Staff –We have established policies related to any staff that become sick with COVID-19 during this pandemic. As stated in previous reports, we continue to pay staff their full rate of pay. Town Meeting  We are continuing to prepare for a virtual Town Meeting which we anticipate will be scheduled shortly (currently April 15). Boards, Committees & Commissions  The following Boards, Committees & Commissions will continue to meet (virtual meetings): Select Board; Appropriation Committee; Board of Assessors; Board of Health; Capital Expenditures Committee; Conservation Commission; Historic District Commission; Planning Board; School Committee; Zoning Board of Appeals; Retirement Board; Historic Commission; Neighborhood Conservation District; and LexHab. As needed, will review whether other Boards or Committees could also start to meet in the coming weeks as they face issues that may be COVID-19 related. Financial Implications  During the week of 4/6/20, the Town Manager, Assistant Town Manager for Finance and Budget Officer will begin reviewing the impact the virus is having on the economy and related impact on the Town budgets for both FY20 & FY21. 2. Discussion of Eversource Microgrid Proposed for Bedford Street Mr. Malloy stated that Eversource approached the Town with a proposal to create a micro-grid renewable energy source that would provide electricity into the grid under normal conditions and would provide an isolated micro-grid to a small area of town on Bedford Street around the Fire Station providing power during extended outages to maintain a grocery store, pharmacy, a couple of restaurants, gas station and health care providers. The proposal is planned to be funded by Eversource at no cost to the Town with the prospect of future property tax revenues on the solar panels and structures. The proposal is also subject to legislative changes that are currently under consideration by the legislature but could also be accomplished as a pilot program under separate legislation. There was general Board consensus to have the Town Manager work with Eversource, the local businesses and our legislators to look further into the proposed microgrid by Eversource for Bedford Street. 3. 2020 Annual Town Meeting Article Discussions/Positions/Consent Agenda/Select Board Report  Discuss Planning for Town Meeting Mr. Malloy stated that the planning for a virtual Town Meeting is progressing. Staff are putting together presentations for those items that require presentations so that these can be posted online prior to the virtual Town Meeting to facilitate Town Meeting and voting. Mr. Malloy then provided the Board with following recommendations of moving ahead/reducing some appropriations for 2020 Annual Town Meeting and reserving some funds to appropriate at a fall town meeting: Article 17 – This is the Other Post-Employment Benefits (OPEB) Article. This article seeks to appropriate $1,935,486 into the OPEB Fund. Mr. Malloy recommended that $750,000 is deposited into the OPEB Trust Fund. The remaining $1,185,486 which is transferred from the General Fund Free Cash and Water and Wastewater receipts may be deferred until the Fall Town Meeting when we have a clearer indication of the impact on the FY21 budget that the COVID-19 state of emergency may have on the FY21 budget. Article 19 – There are four subparts for transfer in/out of specified stabilization funds. (a) This subpart of this Article seeks to transfer $1,773,062 into the Capital Stabilization Fund to offset future debt service costs. Of this amount $164,987 was to be appropriated from the tax levy and $1,608,075 was to be appropriated from General Fund Free Cash. Mr. Malloy said this may be deferred until the Fall Town Meeting to provide greater flexibility at the Fall Town Meeting once we’re able to determine the impact of COVID-19 state of emergency may have on the FY21 budget. (b) This subpart of this Article seeks to transfer $3,500,000 out of the Capital Stabilization Fund to offset current debt service that is for projects excluded from Proposition 2½. While this amount can legally be deferred until the Fall Town Meeting, the budget and the tax rate impact has been built on this being used to reduce the impact of the FY21 debt service costs. Mr. Malloy recommended moving forward with sub-part (b) of this Article at the Annual Town Meeting. (c)(d) These two subparts of this Article are linked together. (c) Seeks to appropriate to the Affordable Housing Capital Stabilization Fund $111,922 from the Brookhaven annual payment. (d) Seeks to then appropriate $111,000 to LexHab for capital improvement projects at their properties. Mr. Malloy recommended moving forward with this Article for the Annual Town Meeting. The Board agreed with Mr. Malloy’s recommendations.  Consent Agenda/Article positions The Board discussed the 2020 Annual Town Meeting consent agenda and article positions. The resulting chart is appended to the end of these minutes.  Discuss & Vote on Board Report to Town Meeting Board members were in agreement of the Select Board Report for Town Meeting as presented with some non-substantive edits to be posted online to be available for Town Meeting. Upon motion duly made and seconded, by roll call vote, the Board voted 5-0 to approve the Select Board Report to 2020 Annual Town Meeting subject to non-substantive edits. 4. Discussion on Appointment of User Representative to the Permanent Building Committee (PBC) for Police Station Project Mr. Malloy provided the Board a summary of Town Counsel’s opinion regarding the appointing authority for a user representative to the Permanent Building Committee. In summary the opinion is, that when the Selectmen Town Manager Act and the Town Bylaws are read together, most Town owned buildings or structures are built for the department, which in most cases falls under the Town Manager. In those cases the Town Manager would be the appointing authority for the user representative to the PBC for the building project. Mr. Malloy’s stated he would like to have nominations from the Select Board for his consideration in the appointment of user representative to the PBC for the Police Station Project. The Board was in agreement to have each member submit nominations directly to Mr. Malloy. 5. Interim Reappointment of Town Counsel Mr. Malloy stated that per Section 90-24 of the Town's General Bylaws the appointment of Town Counsel is required to be made within 30 days of the Town election. The Town currently in the process of reviewing the submissions to the Request for Proposal for Town Counsel services and the Town will be conducting initial interviews shortly to provide the top three firms for the full Board to interview. The Town’s current Town Counsel, Andersen & Kreiger, has agreed to move forward to serve as the Town of Lexington’s counsel on a month-to-month basis until a determination is made. Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5 -0 to appoint the firm of Anderson-Krieger for Town Counsel Services with Mina Makarious serving as Town Counsel to serve on a month to month basis. ADJOURN Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5-0 to adjourn the meeting at 9:12 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Positions (as of 4/6/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles DL JP SB JH MS Article 2 - Reports C C C C C Article 3- Cary Lecture Series C C C C C Article 4 - Appropriate FY 2021 Operating Budget C C C C C Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C Article 6 - Establish Qualifications for Tax Deferrals C C C C C Article 7 - Petition General Court to Amend Legislation Regarding C C C C C Tax Deferrals Article 9 - Establish/Continue Departmental Revolving Funds C C C C C Article 10 - Appropriate for Community Preservation Committee C C C C C (Articles 10a thru 10l and 10n thru 10o only) Article 11 - Appropriate for Recreational Capital C C C C C Article 12 - Appropriate for Municipal Capital and Equipment C C C C C Program Article 13 - Appropriate for Water System Improvements C C C C C Article 14 -Appropriate for Wastewater System Improvements C C C C C Article 15 - Appropriate for School Capital and Equipment C C C C C Article 16b - Center Recreation Complex Bathrooms & C C C C C Maintenance Bldg Renovation Article 16c - Public Facilities Master Plan C C C C C Article 16d - LHS Science Classroom Space Mining C C C C C Article 16e - Townwide Roofing Program C C C C C Article 16f - School Building Envelopes and Systems C C C C C Article 16g - Municipal Building Envelopes and Systems C C C C C Article 16h- Facility and Site improvements-Building Flooring C C C C C program and School Paving Program Article 16i - Public Facilities Bid Documents C C C C C Article 16j - Public Facilities Mechanical/Electrical System C C C C C Replacements Article 17 - Appropriate to Post Employment Insurance Liability C C R C C Fund Article 18-Rescind Prior Borrowing Authorizations- IP IP, C IP, C IP, C IP, C IP, C Article 19- Establish, Dissolve, and Appropriate To/From C C C C C Stabilization Fund) Article 20 - Appropriate from Debt Service Stabilization Fund C C C C C Article 21 - Appropriate for Prior Years Unpaid bills- IP IP, C IP, C IP, C IP, C IP, C Article 22- Amend FY 20 Operating, Enterprise, CPA budgets C C C C C Article 23 - Appropriate for Authorized Capital Improvements C C C C C Article 26 - Amend Historic Districts Commission Enabling C C C C C Legislation Article 27 - Amend General Bylaws- Noise Construction C C C C C Article 30 - Land exchange (Citizen) C C C C C Article 31 - Historic Preservation demo delay (Citizen)- IP IP, C IP, C IP, C IP, C IP, C Article 32 - Extend Hancock-Clark Historic District (Citizen)- IP IP, C IP, C IP, C IP, C IP, C Article 46 - Amend zoning- Reduce GFA (Citizen)- IP IP, C IP, C IP, C IP, C IP, C Select Board Article Positions (as of 4/6/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles - Motion will state refer DL JP SB JH MS back to Planning Board Article 35 - Amend Zoning Bylaw- Distances from basement, slab RB RB RB RB RB or crawl space and groundwater Article 36 - Amend Zoning Bylaw- Short term rentals RB RB RB RB RB Article 37 - Amend Zoning Bylaw-Site plan review RB RB RB RB RB Article 38 - Amend Zoning Bylaw- Financial services RB RB RB RB RB Article 39 - Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB Article 40 - Amend Zoning Bylaw-Wireless Communications RB RB RB RB RB Facilities Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB Article 43 - Amend Zoning Bylaw and Map- Hartwell Ave Area RB RB RB RB RB Article 44 - Amend Zoning Bylaw and Map- Bedford St near RB RB RB RB RB Hartwell Ave Article 45 - Amend Zoning Bylaw-Front year, transition, and RB RB RB RB RB screening areas Motion will state refer back to Select Board DL JP SB JH MS Article 8 - Short term rental fee RB RB RB RB RB Article 24 - Reduce Legal expenses (citizen) RB RB RB RB RB Article 28 - Amend general bylaws- (citizen) RB RB RB RB RB Article 29 - Declare climate emergence (citizen) RB RB RB RB RB Article 33 - Amend general bylaws-Running bamboo (citizen) RB RB RB RB RB Article 34 - Amend special legislation surcharge- (citizen) RB RB RB RB RB Articles that are time sensitive DL JP SB JH MS Article 10m - LexHab-116 Vine St Design funds using CPA Y Y Y Y Y Article 16a - Police indoor/outdoor firing range* Y Y Y Y Y Article 16k - Westview Cemetery building construction Y Y Y Y Y Article 25 - Purchase of land (parking spaces) W W W W W Article 42 - 1050 Waltham st (developer) Y Y Y Y Y