HomeMy WebLinkAbout2020-05-04 SB-min
Select Board Meeting
May 4, 2020
A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on
Monday, May 4, 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
Reported the application to designate the Battle Road Scenic Byway as an All-American
Road has been submitted to Massachusetts Department of Transportation (MassDOT) for
review. Once through MassDOT review, it will be filed to the Federal Highway
Administration for consideration.
Mr. Pato
Reported he, Dr. Julie Hackett, Ms. Sara Cuthbertson and P.K Shui were judges for the
project based learning event Lexhack for Covid-19. Participating students developed and
presented their solutions on how to address the COVID-19 pandemic in order to help the
community. All the submission were creative and well thought out. High School first place
winner Linda Kebichi created Lex Eat Local Business App; Middle School First Place
winner Sishir Mahavadi created an Innovative face mask and shield design and Elementary
School Frist place winner team (Mohita Chepeni, Tasheen Kashem, Srutika Macha, Henry
Sayre, and Julian Sun) created and EV3 Robot to water plants.
Mr. Lucente
Announced David Horton, who has graciously served on the Minuteman School
Committee for the past twelve years, will be completing his term that expires June 30, 2020
and not seeking renewal. The Select Board will be advertising this open seat on the
Minuteman school committee to be appointed by the Select Board.
Ms. Barry
Attended the Board of Health virtual May 1, 2020 meeting as the liaison to Recreation.
She said Ms. Battite, Director of Recreation, will continue to share the guidance with the
Board of Health that Recreation is getting in terms of what's happening in the state, region
and country regarding of status camps and pool openings due to COVID-19.
Announced May 4, 2020 is International Fire Fighters Day. On behalf of the Board, Ms.
Barry thanked all Lexington Firefighters for their service.
Mr. Sandeen
Attended the Board of Health virtual May 1, 2020 meeting as Select Board liaison to Board
of Health.
TOWN MANAGER REPORT
Mr. Malloy reported the bill that introduced by Representatives Ciccolo currently sits with the
Committee on Municipalities. In the meantime, a similar bill was introduced in the Senate, which
is Senate Bill 2673, which contains language from the Representative Ciccolo’s bill, and also
includes language for open town meetings. This Senate Bill has made it through the entire Senate
in lightning speed and hopefully will move very rapidly onto the governor's desk. If this bill passes
in a timely fashion, it would negate the need for the Town of Lexington’s 2020 Special Town
Meeting-1.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. COVID-19 Update - Discuss Strategies, Implementation and Community Response
Actions Related to COVID-19 Guidelines and Directives
Mr. Malloy stated that as of May 4, 2020, there were 272 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 27, 2020 update to the Board:
Town/School/Community:
The Governor established a public/private task force to provide recommendations on May 18, 2020
on how/when the state should begin to re-open non-essential businesses
All of our Police/Firefighters that were out due to either exposure or positive tests from COVID-
19 have returned to work.
Mr. Malloy stated he created an internal Return to Work Task Force, which consists of one staff
member from each building and two members of our Millennial Work Group, which will be
working with the Health Department and Senior Management Team. The Return to Work Task
Force will be meeting weekly starting next week. Additionally, policies have been established
regarding vacation carry-over for essential employees and Senior Management Team members
that are unable to utilize any vacation time during the state of emergency and requiring that all
other employees begin using some of their accrued vacation
Town Meeting
2020 Annual Town Meeting is anticipated to start in early June and preparations for a virtual 2020
Town Meeting continue. Mr. Pato has drafted a User’s Guide for participation in a remote Town
Meeting. In addition a Q & A site to be used during Town Meeting, has been created for Town
Meeting members and members of the public can submit questions.
Boards, Committees & Committees
Additional Boards and Committees have started meeting virtually for necessary meetings.
Next, Dr. Wendy Heiger-Bernays, Lexington Board of Health Chair, highlighted some of the
ongoing efforts of the Lexington Office of Public Health such as conducting clinical and
demographic case interviews as required by Massachusetts Department of Public Health;
explaining quarantine protocols, follow up on symptoms and testing as indicated, investigate
clusters of cases and congregate living settings review and update infection control protocols with
long term care facilities as their daily needs change; coordinate drive through testing events both
in Lexington and notification of drive through testing events and other communities; following
new developments on testing for the virus as we move forward with updating screening protocols
and develop communication and guidance documents for the recommendations to the Board of
Health on needed advisories.
2. Discuss Pole Hearing Process
Mr. David Horton, Andersen & Kreiger, stated that one of the topics that is entrusted to
municipalities is regulating the location of utility poles, as detailed in G.L. c. 166, § 22, and the
conditions under which utilities may bury underground utilities under public ways pursuant to G.L
c. 166, § 25. Section 22 provides that a company wishing to construct utility poles and lines “upon,
along, under, or across” a public way must petition the Select Board, which in turn should hold a
duly noticed public hearing. He said the Select Board may issue a Grant of Location specifying
details like the location and material of poles and the number and height of lines. In addition, G.L.
164, § 25 allows the Board to adopt “reasonable regulations” concerning the erection of electric
lines or the digging of underground conduits.
The Select Board reviewed the below list of the issues provided by Anderson & Kreiger to be a
guide for the Select Board’s review in Grant of Location hearings:
Issues Town Can Address in Grants of Location
Aesthetic Concerns/Bundled Wires.
Adequacy of renderings and engineering plans.
Provisions for review of constructed work and construction practices by qualified town staff
or consultants.
Standard construction conditions imposed on other activity in town: Limitations on
hours/dates of work, traffic management, health and safety protocols, and access to
emergency contacts for the Town and affected residents.
Insurance requirements to protect Town property.
Preservation of public and private property, and restoration of damaged property.
Town accommodations: For example, the Town may address particular requirements for
laydown areas or removal and replacement of town facilities such as parking meters.
Assignability of Grant of Location.
Consistency of the proposed project with zoning, wetlands, and other applicable
requirements.
Removal of unused poles for safety reasons.
Coordination with other projects along the same right of way.
Issues the Board Typically Should NOT Address in a Grant of Location
Financial benefits to the utility of an application.
Need for the utility service (e.g., climate change impacts, redundancy of service).
Corporate integrity or reputation of the applicant.
Concerns associated with utilities other than the applicants’
Double poles (erecting a pole next to an old or defective pole without taking down the old
pole).
Radiofrequency/electromagnetic emissions from utilities.
Requests for “mitigation” not tied to the project.
Mr. Sandeen suggested that the policy guidelines include the elimination of unused wires on poles
located on abutting properties. He suggested that the policy guidelines also include safety
considerations.
Mr. Pato suggested that the policy guidelines include removal of double poles in adjacent
locations.
The Board was in agreement to have Mr. Malloy draft a Select Board Grant of Location Policy
based on the suggested guidelines from Anderson & Kreiger as well as the Board’s feedback.
Mr. Malloy stated he would draft a policy for the Boards consideration at a future meeting.
3. Grant of Location for Verizon Pole - Emerson Road
Mr. Lucente opened the hearing at 8:17 p.m.
Mr. Ross Bilodeau, Verizon Representative, stated Verizon and Eversource submitted a petition
to install one (1) JO (jointly owned) pole, P.372/1A, on the westerly side of Emerson Road at a
point approximately 81' southeasterly from the existing pole, P. 372/1 in order to provide new
service to 290 Emerson Road.
Mr. Sandeen asked if Verizon would remove the unused wires on four other poles located on the
abutting properties.
Mr. Bilodeau said Verizon would contact the parties who are responsible for the unused wires to
inform them the Town requests the unused wires to be removed.
Upon hearing no further comment, Mr. Lucente closed the hearing at 8:23 p.m.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve one
JO Pole identified as Pole P.372/1A approximately 81 feet southeasterly from the existing pole P.
372/1 on Emerson Road as per VZ N.E. Inc. Plan No. 1A4N9HV Dated April 9, 2020 contingent
that Verizon identify the owners of the unused wires and remove any unused wires which are theirs
and make notification to other parties that unused wires be removed on the poles on the abutting
properties.
4. Grant of Location for National Grid Main Extension - Watertown Street
Mr. Lucente opened the hearing at 8:31 p.m.
Ms. Mary Mulroney, National Grid Permit Representative, stated National Grid is seeking to
install approximately 1,800 feet of new 6 inch main starting from the existing 6 inch main in the
Watertown St to Frontage Rd (Rt.2) on-Ramp going down Watertown St to the proposed entry
points at 55 Watertown St and 56 Watertown St. To service (Lot A) 56 Watertown St. Installation
of approximately 300 feet of 2 inch service extending from the proposed 6 inch main extension
from Watertown St. Also, to service (Lot B) at 55 Watertown St. Installation of approximately 800
feet of 6 inch service extending from the proposed 6 inch main extension in Watertown Street.
This request is to provide gas service to the National Development project at 55-56 Watertown
Street.
Mr. Ted Tye, National Development, said he and Mr. Steve Senna, National Development, were
present at the meeting in support of National Grid’s petition and to answer any questions the Select
Board may have of National Development.
Mr. Sandeen stated National Grid public records include a number of unfixed natural gas leaks in
Lexington including one at 41 Watertown and 28 Watertown Street. Mr. Sandeen asked if National
Grid would fix those leaks at the same time that National Grid installs the requested new service
in the area.
Ms. Mulroney said that she would bring this concern to National Grid to see if it can be addressed.
Upon hearing no further comment, Mr. Lucente closed the hearing at 8:44 p.m.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
gas connection as per the petition of National Grid for 55-56 Watertown Street as per plan GP-
Lex-1325039-20-107, as proposed.
5. Clarify Extension of Water and Sewer Interest Due Dates Due to State of Emergency
Mr. Malloy stated a Department of Local Services (DLS) bulletin clarifies that a Town may choose
to waive water and sewer interest and fees. The Town of Lexington bylaw’s Section 107-4 states
"All municipal charges and bills shall be due and payable within 30 days from the date of issue.
Municipal charges and bills not paid on time shall thereafter bear interest on the unpaid balance at
the rate of 14% per annum. The Select Board shall have the authority to abate any such interest
charges, in whole or in part."
Ms. Kosnoff explained that approving the motion before them today will allow the Treasurer to
waive interest on water and sewer bills issued after March 10, 2020 which are paid by June 20,
2020, consistent with the vote already taken for property and excise tax bills. Water and sewer
bills paid after June 30, 2020 will accrue interest at 14% per annum.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to abate any
interest charges that are incurred on water and sewer bills issued after March 10, 2020 and paid by
June 30, 2020.
6. Water and Sewer Abatement Appeal - 19 Robinson Road
Mr. Pinsonneault, DPW Director, stated the owners of 19 Robinson Road appealed to the DPW
Director and Town Manager for large water and Sewer charges. Mr. Pinsonneault noted there are
currently eight water/sewer bills are outstanding. Mr. Pinsonneault, DPW Director stated there are
many factors that led to the large water bills at 19 Robinson Road, including an underestimating
meter and a false assessment of the meter overestimating use.
Mr. Pinsonneault said that if the resident would agree and pay $1,593.72 of historical owed charges
and continue to pay water bills moving forward, he recommend abating the balance of $55,385.27
which includes interest.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve an
abatement on the water and sewer bill in the amount of $55,385.27 for 19 Robinson Road.
7. 2020 Annual Town Meeting
Update on Town Meeting Plans
Due to COVID-19 pandemic, 2020 Annual Town Meeting is targeted to be held remotely
beginning the first week of June 2020.
Mr. Pato reported that remote participation training sessions have been scheduled for each
individual precinct as well as an all-participant mini training session with all Town Meeting
members. The training session will begin the week of May 11, 2020. In addition, Mr. Pato said a
user's guide is being developed for the participants of Town Meeting.
Articles/Positions
The Board discussed the consent agenda and article positions. The resulting chart is appended to
the end of these minutes.
Article 16a - Police indoor/outdoor firing range
Mr. Sandeen stated he thought the motion for Article 16a was to contain contingency of a grant
being received and a business plan being submitted.
Mr. Lucente asked the Board if they would like to see a motion for Article 16a updated to include
the contingencies Mr. Sandeen mentioned.
Ms. Barry and Mr. Pato recalled there was an article from a previous Town Meeting that sought
funds for school renovation which contained contingencies in the motion related to the release of
those funds. The Board asked Mr. Malloy to look at that motion as reference and to update the
motion for Article 16a to include appropriate contingencies regarding receipt of a grant and
business plan.
Mr. Sandeen stated he would be a wait for his position on Article 16a until he reviews a revised
motion.
Article 19b - Appropriate to the Affordable Housing Capital Stabilization Fund, from the
Affordable Housing Special Revenue Fund and 19c - Appropriate from the Affordable Housing
Capital Stabilization Fund to fund renovations and capital improvement projects at properties in
the Town's affordable housing inventory.
Mr. Lucente stated that Ms. Brown, Town Moderator, informed him that the votes of the Capital
Expenditure Committee and the Appropriation Committee respectively were not unanimous to
have Article 19b and 19c to be on the consent agenda, therefore these articles need to be taken off
the consent.
The Board updated their positions and voted in support of Article 19b and 19c to be taken up
individually at 2020 Annual Town Meeting with the motion to stay as proposed.
8. Approve Limousine License Renewal
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
Limousine License renewal application and issue one (1) renewed Limousine License to MN Black
Car, LLC, 425 Woburn Street.
CONSENT AGENDA
1. Approve and Sign Proclamations
The Board is being asked to sign the following proclamations:
National Police Week and Peace Officers Day. National Police Week is being celebrated this year
from May 10 - 16, 2020 and encourages all citizens to join in recognizing law enforcement officers.
Peace Officers Memorial Day is celebrated May 15, 2020 in honor of law enforcement officers
who have made the ultimate sacrifice in service to their community or have become disabled in
the performance of duty. This request includes lowering the Battle Green flag on May 15, 2020.
National Public Works Week. National Public Works Week is being celebrated this year from May
17 - 23, 2020 and encourages all citizens to join in recognizing the employees of the Lexington
Department of Public Works for their hard work and dedication to the Town.
Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5 -0 to approve
and sign the following proclamations: National Police Week-Peace Officers Day and National
Public Works Week.
Ms. Barry recused herself from the Executive Session as her husband is an employee and exited
the meeting.
AJDOURN and EXECUTIVE SESSION
Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 by roll call to
adjourn the open session portion of this meeting at 9:28 p.m. and go into Executive Session under
exemption three to discuss strategy with respect to collective bargaining related to Lexington
Department of Public Works Union at 9:35 p.m. Further, Mr. Lucente declared that an open
meeting may have a detrimental effect on the negotiating position of the Town.
A true record; Attest:
Kim Katzenback
Executive Clerk
Select Board Article Positions (as of 5/4/20)
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 Tax C C C C C
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 Bldg C C C C C
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 program C C C C C
and School Paving Program
Article 16i - Public Facilities Bid Documents C C C C C
Article 16j - Public Facilities Mechanical/Electrical System Replacements C C C C C
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
DL JP SB JH MS
Article 19a- Appropriate from the Capital Stabilization Fund for projects C C C C C
excluded from the limits of Proposition 2½
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 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
Article 46 - Amend zoning- Reduce GFA (Citizen)- IP IP, C IP, C IP, C IP, C IP, C
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
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
DL JP SB JH MS
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 W
Article 16k - Westview Cemetery building construction Y Y Y Y Y
Article 19B – Appropriate to the Affordable Housing Capital Stabilization Y Y Y Y Y
Fund, from the Affordable Housing Special Revenue Fund
Article 19C- Appropriate from the Affordable Housing Capital Y Y Y Y Y
Stabilization Fund to fund renovations and capital improvement projects at
properties in the Town's affordable housing inventory
Article 25 - Purchase of land (parking spaces) W W W W W
Article 42 - 1050 Waltham st (developer) Y Y Y Y Y