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HomeMy WebLinkAbout2020-04-13 SB-min Select Board Meeting April 13, 2020 A remote participation meeting of the Lexington Select Board was called to order at 7:01 p.m. on Monday, April 13, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Hai and Mr. Sandeen participated remotely, 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 she and Mr. Lucente attended the Mass Municipal Association(MMA) remote meeting at which the MMA provided an update on COVID-19. Mr. Sandeen reported the Greenways Corridor Committee updated the Across Lexington Maps. He stated he participated in the MMA Policy meeting which was held remotely. ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update - Discuss Strategies, Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Mr. Malloy reported that as of April 13, 2020 there are 139 confirmed cases of COVID-19 reported in Lexington. Mr. Malloy reported the following response actions related to COVID-19 have been implemented since his April 6, 2020 update to the Board: Town/School Operations:  Additional signs have been installed to inform residents that group activities fields and playing areas are prohibited. The police department will be conducting more frequent visits to these areas and will inform groups to disperse.  State issued new guidance this week limiting grocery stores to 40% of capacity. Lodging establishments may only be used for essential reasons related to the current state of emergency.  Construction activity around town has declined as some contractors, businesses or individuals have opted to temporarily halt construction and some unions are recommending their members stay home.  EL Harvey has indicated they will stop picking up bulky items until such time that the state of emergency ends. Town Staff  Policies have been established related to any staff that become sick with COVID-19 during this pandemic and or first responders. Town Meeting  Preparations continue for a virtual Town Meeting and plans are being made for presentations to be posted online and through LexMedia so that Town Meeting members still will have an opportunity to review those presentations prior to Town meeting beginning. Boards, Committees & Commissions  A training session for board and committee chairs on how to use Zoom meetings has been scheduled for this week. 2. Discuss Extension of Property Tax and Interest Due Dates Due to State of Emergency Mr. Malloy stated Massachusetts H4598 (Chapter 53 of the Acts of 2020 – An Act to Address Challenges faced by Municipalities and State Authorities resulting from COVID-19) provides the option for the Chief Executive Officers to determine whether to provide extensions on property tax due date to June 1, 2020; to delay the exemption and deferral date to June 1, 2020 and to waive interest for late payments after March 3, 2020 and to June 30, 2020. The Board stated they feel this recent legislation could be very helpful for residents in need. Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve Section 10(a)(i) and 10(a)(ii)of Chapter 53 of the Acts of 2020 delaying the due date for property tax bills to be due from May 1, 2020 to June 1, 2020; to approve Section 10(a)(iv) of Chapter 53 of the Acts of 2020 delaying the due date for tax exemption and deferral applications from April 1, 2020 to June 1, 2020; and to approve Section 11 of Chapter 53 of the Acts of 2020 waiving interest and penalties for late payments of any excise, tax, betterment assessment, water or sewer use or other charges with a due date on, or after March 10, 2020, made after the respective due date but before June 30, 2020. 3. 2020 Annual Town Meeting - Article Discussions/Positions/Consent Agenda Mr. Malloy stated there are two proposed State legislation to address holding a remote Town Meeting. The first is a detailed draft of proposed legislation to authorize remote participation at Representative Town Meeting due to the COVID-19 emergency drafted by our Town Counsel with Bond Counsels and has been circulated among a number of communities (by Lexington). The second is a Home Rule Petition that would confirm the validity of actions taken at a remote Annual Town Meeting and a Special Town Meeting, as this would need to be placed on a Special Town Meeting. Ms. Brown, Town Moderator, stated she has formally further postponed the date for Town Meeting to May 13, 2020. Mr. Pato reported a technology plan for a virtual town meeting is currently under development and is expected to be a video meeting simulcast through LexMedia. He said the details are still being worked out, but the plan is to roll out the tools slowly over the next several weeks. First will be a small group including individuals with limited comfort with technology. Per-precinct sessions will follow to provide Town Meeting Members training on how to use the system. Finally, a practice full session would be held to provide the Moderator with an opportunity to see how the controls work with 200 members participating. Ms. Axtell stated that motions, presentation materials and any live recorded presentations are planned to be made available by the beginning of May on the town’s website for Town Meeting Members to review prior to Town Meeting. The Board reviewed the consent agenda. Ms. Axtell stated that Article 46 - Amend Zoning Bylaw- Reduce GFA (Citizen Petition) has been moved to the portion of the consent agenda to refer articles back to the Planning Board. The resulting Select Board positions chart is appended to the end of these minutes. Ms. Melinda Walker, 14 Larchmont Street, Precinct 8 Town Meeting Member, stated she feels Article 10m-LexHab-116 Vine Street design funds using Community Preservation Act funds should be put onto the consent agenda. 4. Applications: Change of DBA - CFHP The Hangar, LLC d/b/a Revolution Hall Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve the CFHP The Hangar, LLC applications for a change of D/B/A and to amend the 2020 All Alcohol Restaurant Liquor License and 2020 Common Victualler License to CFHP The Hangar, LLC d/b/a Revolution Hall, 3 Maguire Road. 5. Review Draft Letter in Support of the Application to the All-American Road Scenic Byway Designation The Board reviewed a draft letter to be sent in support of the application being submitted for designation of the Battle Road Scenic Byway as an All-American Road Scenic Byway. Mr. Lucente asked Board members to submit any edits to the Select Board office and the edited draft will be placed on the April 27, 2020 for review and approval. 6. Select Board Committee Mr. Lucente stated that Gordon Jones’ term to the Registrar of Voters expired on March 31, 2020. The Republican and Democratic Town Committees submitted the following nominees  Gordon Jones - Nominee from Democratic Town Committee  Alan Seferian - Nominee from Republican Town Committee Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to reappoint Gordon Jones to the Registrar of Voters for a term to expire March 31, 2023. CONSENT AGENDA 1. Approve and Sign Proclamations Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve the National Public Safety Telecommunicators Week Proclamation to be celebrated from April 12 to 18, 2020. Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve National Library Week to be celebrated from April 19 to 25, 2020. The proclamation that encourage all citizens to recognize the staff of the Cary Memorial Library and encourage all citizens to Library to take advantage of the wonderful library resources available. Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve Arbor Day proclamation which urges all citizens to support efforts to protect trees and woodlands and to support our town’s urban forestry program and also to urge all citizens to plant and protect trees to promote the well- being of present and future generations ADJOURN Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to adjourn the meeting at 8:30 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Positions (as of 4/13/20) 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 Program C C C C C 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 & Maintenance C C C C C 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 Fund C C R C C 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 Stabilization C C C C C 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 R C C Article 23 - Appropriate for Authorized Capital Improvements C C C C C Article 26 - Amend Historic Districts Commission Enabling Legislation C C C C C 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 Select Board Article Positions (as of 4/13/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles - Motion will state refer back to DL JP SB JH MS Planning Board Article 35 - Amend Zoning Bylaw- Distances from basement, slab or RB RB RB RB RB 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 Facilities RB RB RB RB RB 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 Hartwell RB RB RB RB RB Ave Article 45 - Amend Zoning Bylaw-Front year, transition, and screening RB RB RB RB RB areas Article 46 - Amend zoning- Reduce GFA (Citizen) RB RB RB RB RB 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 Street (developer) Y Y Y Y Y Positions Chart Legend:C – In favor of article being on consent; RB – In favor to refer article back ; Y – In favor of article; W – Wait for more information; R – Recused