HomeMy WebLinkAbout2020-03-16 SB-min
Select Board Meeting
March 16, 2020
An Emergency meeting of the Lexington Select Board was called to order at 2:00 p.m. on Monday,
March 16, 2020 in the in the Select Board Meeting Room, Town Office Building. 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.
Also present were Mr. Mina Makarious, Town Counsel, Anderson & Kreiger LLP; Ms. Deborah
Brown, Town Moderator; and Dr. Julie Hackett, School Superintendent.
This meeting was originally publicly posted for March 16, 2020 7:00 p.m. meeting and was
reposted as an Emergency meeting for March 16, 2020 to be held at 2:00 p.m. to include an
additional Item: Emergency Response to Coronavirus (COVID-19).
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Emergency Response to Coronavirus (COVID-19)
Discuss Strategies, Implementation and Community Response action related to Covid-19
Guidelines and Directives
Mr. Malloy reported that there are currently six presumptive positive Covid-19 cases in the Town
of Lexington, sixteen are on quarantine and three are now off quarantine.
Mr. Malloy read the following Public Health Information Bulletin dated March 16, 2020:
Town Services/Operations:
Schools, Library and Community Center and Temporary Visitors Center are closed to the public
for three weeks (so that their schedules correspond).
As of today's date, we are posting that all playgrounds will be closed and that residents may use
parks at their own risk, we are emphasizing that this is not a Spring Break and residents, parents
and students need to understand the risk of playing group sports. The reason schools are closed
and many offices are closing is due to the risk of infection, created by close contact and group
sports (note the MLB, NBA, NHL, NCAA, etc.) should not be played at this time. We will not be
patrolling these areas, signage will be installed and caution tape will be put up around all
playgrounds. The golf course remains open at this time, since these are small groups, but this may
also change as the situation continues changing.
As the Board is aware, all restaurants and bars have been ordered to not provide on-site service by
the state. Our Board of Health is drafting a notice for restaurants and we will add verbiage for
establishments licensed to sell alcohol and the notice will be hand delivered later today by the
Police Department. The Economic Development Department is developing a resource guide for
local businesses with information on assistance they may be eligible for. As part of the restriction
on on-site service to restaurants, these restaurants are now able to provide pick-up and delivery
services and we support and encourage residents to continue supporting local businesses.
Human Services -The Human Services Department is continuing to provide social services to
seniors (meals on wheels), veterans and counseling services. Counseling services are provided by
appointment only and with appropriate precautions.
Town Offices - In order to protect the public and our Town staff, the following town buildings will
be closed to the public beginning on March 17, 2020:
Library and Community Center (as stated above) through April 6, 2020 unless extended further.
Town Office Building, Public Services Building (201 Bedford), Fire Station (173 Bedford), and
Cary Memorial Building through April 6 unless extended further. We are asking that residents
and/or businesses that need to conduct business with any Town Department, do so via email,
electronic bill pay or electronic permitting. Should a resident or business need to contact a Town
Department on a specific issue, we ask that they call the department to discuss their specific issue
and that in-person meetings be the last option. Residents may register to vote electronically. These
buildings will be locked and available only to Town staff using their swipe cards.
The Visitors Center will remain on track to be completed and the ribbon-cutting may occur as
planned, but the Visitors Center will remain closed to the public while all other Town Buildings
are closed to the public
The Police Station will remain open to the Public for emergencies and staff will be physically
separated from the public.
All Public Bathrooms will be locked.
Town Staff
In order to maintain safe distances between staff and minimize potential infection, non-essential
emergency staff and facilities staff will begin working on a M-W-F/T-TH schedule with 50% of
staff being off at any point in time. After discussing the impact on staff, it is my recommendation
as the Town Manager that regular permanent full-time and part-time staff continue to be paid on
their regular basis. Full-time employees that voluntarily self-quarantine may utilize sick leave or
vacation leave; employees that are tested and have a presumptive positive test that are required to
be quarantined will be provided paid administrative leave until they are cleared to return to work.
The DPF staff will continue to work M-F until all the schools are cleaned. The town custodial
staff will continue to work M-F since these buildings are still open to staff (library, LCC, etc.).
When the school buildings are fully disinfected and sanitized, DPF will begin the M-W F/T- TH
schedule.
Public Safety
The Town of Lexington has convened a group of municipal managers in the region to confer and
agree upon a protocol to ensure that there is mutual aid available should any specific community
not have sufficient staffing at any point to continue providing police, fire and EMS services.
Town Meeting - The Governor has introduce legislation House Docket No. 4572 to provide
guidance related to Town Meeting.
Boards, Committees & Commissions
The following Boards, Committees & Commissions will continue to meet via virtual meetings:
Select Board, Appropriation Committee, Board of Assessors, Board of Health, Capital Expenditure
Committee, Conservation Commission, Historic District Commission, Planning Board, School
Committee, Zoning Board of Appeals, Retirement Board, Historic Commission
Mr. Pato said he has heard from members of the community who are looking for ways they can
help, such as running errands for those who cannot go out, and wondered if there would be any
sort of municipal coordination for such effort.
Mr. Malloy said that the Town is looking into ways to best communicate these resources to the
community.
Mr. Malloy stated he will continue to provide updates at the Select Board meetings regarding
public health information and Town response actions related to Coronavirus (COVID-19).
2. 2020 Annual Town Meeting
Mr. Lucente stated discussions are underway in order to make plans how to execute the 2020
Annual Town Meeting.
Mr. Malloy provided the following highlights from the emergency legislation filed by the
Governor that would make dealing with Town Meeting a little easier.
A health emergency is added to the conditions that allow a Town Moderator to delay Town
Meeting
The Select Board can delay Town Meeting beyond the end of the Fiscal Year. Updated
information on COVID-19 in Lexington is available from the Office of Public Health at:
https://lexingtonma.gov/COVID19
If Town Meeting has not completed and approved a budget by the end of the Fiscal year,
the Town can spend 1/12’th of the previous fiscal year’s budget each month until the
emergency ceases and Town Meeting can approve a budget.
Expenses related to the outbreak of COVID-19 and the declaration of emergency can be
paid for out of “free cash” until Town Meeting can pass a budget. Should the Legislature
adopt these changes, the pressure to hold Town Meeting and set the FY21 budget is
relieved.
Ms. Brown stated that she is looking to hear feedback in regards to the postponement of Town
Meeting in order for her to take the appropriate steps to arrange a postponement. Ms. Brown
explained that the moderator has the ability to postpone Town Meeting under M.G.L. c. 39, § 10A
for a period not to exceed 30 days and if needed she could issue and additional postponement.
Dr. Hackett stated the Lexington Public School Department would be fine for a delayed Town
Meeting.
Mr. Makarious stated that under the current state of emergency it is feasible to consider remote
participation for the Annual Town Meeting.
The Board reached a consensus that they would prefer to see Town Meeting delayed and hoped
that Town Meeting will be able to be held before the end of June. In addition the Board
requested that efforts continue to obtain appropriate remote participation technology in the event
it is not feasible to hold a traditional in-person Town Meeting before July 2020.
Ms. Brown stated as she would issue the required statement to delay Town Meeting.
3. Update on Hazard Mitigation Plan Resolution
Upon a motion duly made and seconded, the Select Board voted 5-0 the following:
WHEREAS, the Town of Lexington established a Committee to prepare the 2019 Local Hazard
Mitigation Plan Update; and
WHEREAS, the Town of Lexington participated in the development of the Town of Lexington
2019 LOCAL HAZARD MITIGATION PLAN UPDATE; and
WHEREAS, the Town of Lexington 2019 Local Hazard Mitigation Plan Update contains several
potential future projects to mitigate potential impacts from natural hazards in the Town of
Lexington, and
WHEREAS, two duly noticed public meetings were held on June 13th, 2019 and July 11th, 2019
for the public and municipality to review prior to consideration of this resolution; and
WHEREAS, the Town of Lexington authorizes responsible departments and/or agencies to
execute their responsibilities demonstrated in the plan,
NOW, THEREFORE BE IT RESOLVED that the Town of Lexington Select Board formally
approves and adopts the Town of Lexington 2019 Local Hazard Mitigation Plan Update, in
accordance with M.G.L. c. 40.
4. Discuss Statement of Interest (SOI) for Lexington High School Project
Dr. Julie Hackett reviewed the Statement of Interest (SOI) application to be submitted to the
Massachusetts School Building Authority for funding support for the Lexington High School
project. Dr. Hackett stated that in addition to the vote of the School Board, the SOI also requires
the approval of the Select Board.
Upon a motion duly made and seconded, and having convened in an open meeting on March 16,
2020 prior to the SOI submission closing date, the Select Board of Lexington, Massachusetts, in
accordance with its charter, by-laws, and ordinances, has voted 5-0 to authorize the
Superintendent to submit to the Massachusetts School Building Authority the Statement of
Interest Form dated March 16, 2020 for the Lexington High School located at 251 Waltham
Street which describes and explains the following deficiencies and the priority category(s) for
which an application may be submitted to the Massachusetts School Building Authority in the
future: priorities 1. Replacement or renovation of a building which is structurally unsound or
otherwise in a condition seriously jeopardizing the health and safety of school children, where no
alternative exists. 2. Elimination of existing severe overcrowding. 3. Prevention of the loss of
accreditation. 4. Prevention of severe overcrowding expected to result from increased
enrollments. 5. Replacement, renovation or modernization of school facility systems, such as
roofs, windows, boilers, heating, and ventilation systems, to increase energy conservation and
decrease energy-related costs in a school facility 7. Replacement of or addition to obsolete
buildings in order to provide for a full range of programs consistent with state and approved local
requirements. and, hereby further specifically acknowledges that by submitting this Statement of
Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance
or the approval of an application, the awarding of a grant or any other funding commitment from
the Massachusetts School Building Authority, or commits the City/Town/Regional School
District to filing an application for funding with the Massachusetts School Building Authority.
5. Purchase of Real Estate - Review and Authorize Town Manager to Sign Purchase and Sale
Agreement for Edison Way Parking Spaces
Mr. Malloy stated the Town and the Historical Society have negotiated a sales price for the
Historic Society owned portion of parking spaces on Edison Way adjacent to the Minuteman
Commuter Bike Path.
Upon a motion duly made and seconded, the Select Board voted 5-0 to authorize the Town
Manager to execute the Purchase and Sale Agreement between the Town of Lexington and the
Lexington Historical Society to purchase the property identified as Map 48, Lot 96 for $177,000.
6. Right of First Refusal - Belmont Country Club
Ms. Hai recused herself as she is a member of the Belmont Country Club.
Mr. Malloy state the Board previously reviewed and discussed the original notice and a number
of items were identified to be corrected. The Attorney for the property owner made the
corrections and Town Counsel has reviewed the packet and indicated that it's properly prepared
and can be voted on. Mr. Malloy said the Planning Board and Conservation Commission both
recommended that the Town not exercise its right of first refusal.
Upon a motion duly made and seconded, the Select Board voted 4-0 to not exercise the Town's
Right of First Refusal on the Belmont Country Club's property as described in Exhibit A and
located on Assessors Map 3, lots 15 and 16.
Ms. Hai returned to the meeting.
7. LexHAB Request for Use of Affordable Housing Stabilization Funds Under 2020 ATM
Warrant Article 19
Upon a motion duly made and seconded, the Select Board voted 5-0 to recommend Article 19
appropriating $111,000 from the Affordable Housing Capital Stabilization Fund to be used by
LexHab for renovations to LexHab units.
8. Discuss 2020 Patriots' Day Scheduling
Mr. Lucente stated events are being cancelled or postponed due to the Coronavirus and
Lexington needs to consider whether to move forward with Patriots Day events or whether they
should be postponed this year.
General Board discussion ensued. G iven the state of emergency, the risk of an event that would
bring crowds into close proximity, and the additional burden on staff who are currently working
on responding to the health emergency, the Board agreed to cancel the Patriots Day events
scheduled for the weekend of April 17-20, 2020 in Lexington.
Upon a motion duly made and seconded, the Select Board voted 5-0 to cancel all Patriots day
activities scheduled for the weekend, leading up to an including April 20 2020, Patriots Day.
ADJOURN
Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at
3:50 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk