HomeMy WebLinkAbout2023-05-22 SB-min
Select Board Meeting
May 22, 2023
A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, May 22, 2023, in
the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well
via the webinar meeting platform. Mr. Pato, Chair; Ms. Barry, Vice Chair, Mr. Lucente, Ms. Hai, and Mr.
Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager and
Ms. Katzenback, Executive Clerk.
EXECUTIVE SESSION
1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining - Fire Union (IAFF Local
#1491)
Ms. Barry recused herself from the Executive Session.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 at 6:00 p.m. that
the Board go into Executive Session under Exemption 3 to Discuss Strategy with Respect to Collective
Bargaining – Fire Union. Further, Mr. Pato declared that an open meeting discussion on this item may
have a detrimental effect on the bargaining position of the Town.
Select Board reconvened to open session at 6:27 pm
PUBLIC COMMENTS
Ricki Pappo, 16 Blossomcrest Road and Precinct 2 Town Meeting Member, stated that she is interested in
hearing what the Select Board has to say about the Hanscom Field expansion.
Lisa Rhodes, 482 Marett Road and Precinct 9 Town Meeting Member, asked the Board to consider
adding a translation butter to the Town’s website. Other comparable communities which use CivicPlus
allow for translation services. She stated that this addition would be a public service to the community.
Dawn McKenna, 9 Hancock Street and Precinct 6 Town Meeting Member, stated that she is concerned
about the way the Recreation Enterprise Fund and the municipal budget are working together. She does
not believe this partnership is working the way it did in the past. She asked that Board consider this
during its goal setting discussions.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
Mr. Lucente explained that the first Hanscom Area Towns Committee (HATS) meeting occurred after a
long hiatus. He requested that the Board consider a future agenda item regarding the proposed Hanscom
Field expansion.
Ms. Barry stated that the Semi Quincentennial Commission met last week. There will be a joint meeting
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with Concord, Lincoln, and Arlington on June 1 in Concord to hopefully make determinations on items
that the Board can then approve in June, in order to start publicizing these events.
Mr. Pato stated that he spoke with the Town Moderator, and she would like for the Board to consider
hybrid Town Meetings for the next meeting in the fall. He suggested a brief discussion on this item at the
next Board meeting.
DOCUMENTS: Select Board Concerns and Liaison Reports - May 22, 2023
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Mr. Malloy stated that, regarding the Stormwater Enterprise Fund, some of the increased costs that were
initially considered to be the driver behind creating a new Enterprise Fund, have not been seen and the
Town has been able to mitigate increases by doing other activities that receive credits through the EPA.
This can be a topic for discussion at a future meeting. He noted that he will be retitling the Lexington
Citizens Academy to Lexington Civic Academy. Also, there is an earmark of $263,000 specific to Blue
Bikes, but these bikes are not located within three quarters of a mile of Lexington, so this needs to be a
topic of discussion.
Ms. Hai noted that MAGIC is considering a regional network for Blue Bikes as well.
DOCUMENTS: Weekly Update 5-12-23, Weekly Update 5-19-23
CONSENT AGENDA
1. Approve Select Board Meeting Minutes
To approve and release the following meeting minutes: April 24, 2023 Select Board, April 26, 2023
Select Board and May 8, 2023 Select Board
DOCUMENTS: DRAFT 04242023 Select Board Minutes, DRAFT 04262023 Select Board Minutes,
DRAFT 05082023 Select Board Minutes
2. Select Board Committee Reappointment Lexington Housing Assistance Board (LexHAB) -
To reappoint Lester Savage III to the Lexington Housing Assistance Board (LexHAB) for a three-year
term set to expire on May 31, 2026.
3. Select Board Committee Resignation -Lexington Council for the Arts
To accept the resignation of Douglas Urban from the Lexington Council for the Arts effective
immediately.
DOCUMENTS: Resignation Letter - D. Urban
4. Select Board Committee Appointments
To appoint Elisa Kim to the Design Advisory Committee as full member to fill an unexpired one-year
term set to expire on September 30, 2023.
To appoint Bonnie Karshbaum and Pamela Winters to the Town Celebrations Subcommittee both to fill
unexpired one-year terms set to expire on June 30, 2023.
To appoint Scott Cooper and Patricia Nelson to the Zoning Board of Appeals as associate members to
both fill unexpired one-year terms set to expire on September 30, 2023.
DOCUMENTS: 2023 Design Advisory Committee Application - E. Kim, 2023 Town Celebrations
Subcommittee Application - B. Karshbaum, 2023 Town Celebrations Subcommittee Application - P.
Winters, 2023 Zoning Board of Appeals Associates Application - S. Cooper, 2023 Zoning Board of
Appeals Associates Application - P. Nelson
5. Approve and Sign Proclamations
To approve and sign a proclamation recognizing the month of June as Immigrant Heritage Month.
To approve and sign a proclamation recognizing the month of July as Park and Recreation Month.
To approve and sign the amended proclamation recognizing National Gun Violence Awareness Day on
Friday, June 2, 2023, the first Friday in June.
DOCUMENTS: 2023 Immigrant Heritage Month Proclamation, 2023 Park and Recreation Month
Proclamation, 2023 National Gun Violence Awareness Day Proclamation – Amended, 2023 National Gun
Violence Awareness Day Proclamation - Redlined
6. Dissolve Tax Deferral and Exemption Study Committee
To dissolve the Tax Deferral and Exemption Study Committee.
DOCUMENTS: Tax Deferral and Exemption Study Committee Letter of Recommendation for
Dissolution
7. Application: One-Day Liquor License – Lexington Retailers Association, 13 Depot
Square/Driveway in Front of Depot Building into Emery Park 2023 Lexington Discovery Day
Beer Garden
To approve a One-Day Liquor License for the Lexington Retailers Association for the purpose of serving
beer, wine, and liquor in a beer garden within a cordoned off area on the driveway in front of the Depot
Building, 13 Depot Square and partially into Emery Park* during Lexington Discovery Day on Saturday,
May 27, 2023 from 11:30am to 3:30pm.
*The location for the Lexington Discovery Day beer garden is subject to modification as may be required
by Department of Public Works and Town Engineering up to the time of the event due to potential work
for the Center Streetscape Project expansion.
DOCUMENTS: 2023 Lexington Discovery Day Beer Garden Location Map, 2023 Discovery Day Beer
Garden Procedures for Serving Alcohol
8. Application: One-Day Liquor License – Dana Home Foundation, 39 Marrett Road 2023 Dana
Home Foundation Awards Reception
To approve a One-Day Liquor License for the Dana Home Foundation for the purpose of the 2023 Dana
Home Foundation Awards Reception to be held in the Dining Room of the Lexington Community Center,
39 Marrett Road, on Wednesday, June 7, 2023 from 6:00pm to 8:45pm.
DOCUMENTS: 2023 Dana Home Foundation Event Layout, 2023 Dana Home Foundation Procedures
for Serving Alcohol
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent
Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Update on Solar Canopy for Police Station Project
Mike Cronin, Director of Public Facilities, explained another design charette was held on May9, 2023.
The designer for the Police Station attended and presented other ideas, including one similar to tree
branches that hold open some of the solar canopies. It was discussed that heights lower than 14’6” are
possible through these designs. Many different scenarios were discussed. The next design charette is
scheduled for May 30, 2023 at 5pm and there is an Historic Districts Commission (HDC) meeting on
June 1, 2023. The hope is to see a detailed, refreshed design at the charette which can then be sent along
to the HDC for consideration along with the original design.
Mr. Lucente thanked Mr. Cronin for making this an inclusive process with neighbors. One lingering
question seems to regard around cost of the project. The cost and proposed design will need to be
reconciled at some point. Mr. Cronin agreed that the proposal is to get a rough cost estimate on the
refreshed design idea.
Ms. Hai asked if lowering the original design will change the support structure. Mr. Cronin stated that this
should be a benefit in creating a lower weight. Ms. Hai asked why the original height was proposed. Mr.
Cronin explained that the original scenario included a solar panel canopy attached to two buildings, which
built a courtyard approximately 30’ tall. The HDC thought a taller canopy could be more beneficial for
those at ground level to see through it, which led to a 20’ canopy height.
The Board discussed potential timing of the meetings and approval from the HDC.
2. Discuss and Approve American Rescue Plan Act (ARPA) Request
Ms. Battite stated that the proposal is for the Board to consider increasing the previous approval of
$10,500 for accessible basketball hoops at the Center Recreation Area to $19,936, as increase of $9,436,
due to price increases.
The Board discussed its support of this proposal.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the request to
increase the use of ARPA funds for the accessible basketball hoops to a total of $19,936.
Ms. McKenna expressed concern regarding the amount of ARPA funding already spent, without
addressing two major tourism initiatives that were put forward in the beginning, the Visitor Center for
Liberty Ride, and an electric trolley.
DOCUMENTS: Recreation Request, ARPA Spreadsheet Updated 5-17-23
3. Presentation - Residential Solid Waste Regulation Amendment & Fees
The Board reviewed the proposed Residential Solid Waste Regulations and the proposed fee schedule.
Ms. Hai, Mr. Lucente, and Ms. Barry expressed concern with pushing this item forward at this time.
There was discussion regarding socializing this more.
Mr. Sandeen noted that the Town does need to address what to do with its trash. However, this may need
to be explored as a holistic level.
Mr. Malloy noted that, if the Board chooses not to implement this, the budget was built around not having
a $250,000 expense. Thus, there would either need to be a vote at fall Town Meeting to appropriate free
cash, or ARPA funds for this expense. Also, this cost would need to be absorbed into next year’s budget.
Peter Kelly, 24 Forest Street, asked who will be served by this system and if this will be a better system
than is currently in place. This needs to be done openly, rightly, and considerately.
Ricki Pappo, 16 Blossomcrest Road and Precinct 2 Town Meeting Member, stated that the trash situation
in Town needs to be dealt with. The waste issue needs to be discussed holistically. If fees are necessary to
get rid of certain large items, then this may be the case for now.
Dawn McKenna, 9 Hancock Street, noted that charging for trash seems to be the message for this item
that is going to citizens. The plan has not been well communicated to the public. She does not agree with
using ARPA funds for this program. The Board should consider fairness of the cost for this program.
Eric Michelson, 45 Circle Road, stated that there needs to be a lot more community outreach and
education on this program. The plan seems hypocritical and contradictory in many ways.
Mr. Pato stated that this is an item that is becoming increasingly of concern for the broader community.
Massachusetts is running out of waste disposal locations, such as landfills. This issue cannot be simply
kicked down the road, but the community needs to have a discussion regarding broad-based solutions. He
is inclined to defer imposing fees at this time and begin to examine how to address waste holistically. He
suggested that people attend the hybrid meeting this week on the Zero Waste Plan to get a better sense of
the definition of problems facing the Town.
Mr. Malloy noted that there are reasons to have user fees, and the number one reason is equity and
fairness to make sure that only those people that use a particular service are paying for it.
Mr. Pato suggested that the Waste Reduction Task Force work on this item and bring some options back
to the Board for discussion at its June 5, 2023 meeting.
Ms. McKenna noted that meetings may be less well attended within the next few weeks, due to the end of
school and other events. She suggested including others who may have dissenting views on the topic to be
involved in the Task Force.
DOCUMENTS: Proposed Regulations Amendments - Ch. 181, Proposed Fee Structure
4. Request to Name Billiard Room at Lexington Community Center
Dan Busa, Lexington Rotary Club, stated that the Rotary Club is requesting to name the billiard room at
the Community Center after John "Jack" Maloney. He explained that Jack was a member of the Rotary
Club for over 50 years.
Ms. Barry stated that the Recreation Committee has reviewed the request and voted unanimously to
support it.
Ms. Hai stated that she supports the request and would recommend that the Board consider a formal
policy in the future plaques, similar to that for memorials and monuments.
The Board discussed the location and size for the proposed plaque. It was noted that the group proposing
this followed the process for naming portions of buildings. The Board requested to see the final design of
the plaque for their approval prior to installation.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to name the billiard room at
the Lexington Community Center the John "Jack" Maloney Memorial Billiard Room.
DOCUMENTS: Rotary Club Request, Christine Dean Memo, Facilities Naming Policy
5. Lexington Farmers' Market - Recap of 2022 and Preview of 2023 Markets
Leslie Wilcott-Henrie and Kim O'Brien, Lexington Farmers' Market, presented to the Board. Ms. Wilcott-
Henrie explained that there were approximately 600 people attending each market in 2022, with one
market seeing 800 people. This is comparable to the numbers seen in 2021. She stated that the
accessibility and parking for the Farmers’ Market space is nice. On average, there were 23 farmers and
vendors that participated each week. The space allows for expansion, including some additional vendors.
The Market continues to prioritize food producers who are from Lexington and surrounding communities,
including Lexington residents who own specialty food businesses. The Market hosted 15 local
community groups, including some of the Town departments. The Market depends on volunteers, with
more than 30 helping throughout the season. The Farmers’ Market’s SNAP Match Program supported 45
households on average per market, and the Market provided over $17,000 in matching funds, privately
raised. This was a 37% jump from last year. The Market was thankful to receive a $10,000 grant from the
Town's Economic Development Department through the Local Business and Nonprofit Organization
Grant Program. This funding was used directly in support of the SNAP Match Program and enabled the
Market to meet the increased demand.
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Ms. O’Brien explained that the Market will open on May 30 for this season. The Market will offer 32
farmers and specialty food vendors this year. There will be five new vendors this year. She noted that the
Market would love for additional Town departments to be part of the community tent this year. There will
be live or recorded music at each market. This year there will be two additional parking spots marked for
ADA accessibility, along with an improved curb cut for those in wheelchairs, and a level surface for the
access road and entrance. She thanked the Commission on Disability, Recreation Department, and the
DPW for their assistance with those improvements. The Market has applied for an additional grant to
support the SNAP Match Program through the Local Business and Nonprofit Organization Grant
Program. She noted that there are plenty of opportunities for people of all ages to volunteer at the Market.
DOCUMENTS: LFM 2022 Recap, 2023 Preview
The Board took a brief recess from 8:54 – 8:59pm.
Mr. Pato amended the order of the agenda to take up Item 7 prior to item 6.
7. Approve Purchase and Sale Agreement for Lexington Housing Assistance Board (LexHAB)
Purchase of Property - 93 Woburn Street – The Board took up this item at this time.
Sarah Morrison, Executive Director of LexHAB, explained that LexHAB is requesting approval to
purchase a property at 93 Woburn Street. This is a ranch house, two bedrooms, 880 s.f., for a total
purchase price of $625,000. The intention is to purchase this with a combination of CPA funds and ARPA
funds, but LexHAB is prepared to come up with the funding, if needed. LexHAB feels that this is an
important addition for the affordable housing inventory.
Mr. Malloy stated that this item is slated for the ARPA discussion as a potential use of ARPA funds.
Town Counsel has had an opportunity to review the purchase and sale agreement and had no real
concerns.
Town Counsel, Mina Makarios, stated that the only item of note is that an affordable housing restriction
will eventually need to be placed on this property. Ms. Morrison explained that LexHAB is working in
concert with the Town on a Memorandum of Understanding in preparation for the transition of this
property. The mission of LexHAB is to maintain and purchase affordable housing. LexHAB works to
make sure that the deeds are lined up as appropriate for that.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the purchase and
sales agreement for 93 Woburn Street for $625,000 dated May 15, 2023, for affordable housing purposes.
DOCUMENTS: Purchase and Sales Agreement
6. Presentation - Statement of Concern for Lexington's Trees
Citizens Charlie Wyman, Nancy Sofen, and Dan Miller presented a statement of concern for Lexington
trees to the Select Board citing the importance of trees, need to protect and strengthen tree canopy, and
offered suggestions the Town might take to address these concerns, including increasing planting of trees
in Town to at least 250 per year, and increasing the staffing and resources available to the Forestry
Division to support this work, including a full time Tree Warden.
Mr. Sandeen asked how the group would propose to handle the larger issues at hand. Ms. Sofen stated
that the Tree Committee has a working group for bylaw updates, and one of the things it is considering is
expanding the bylaws. Many towns require a permit for tree removal anywhere on a lot, whether it is
under construction or not. This would likely require more staffing for enforcement.
Mr. Lucente noted that there could be a consideration toward creating incentives around trees.
Ms. Hai stated that she believes public education is a large portion of this item. She suggested that the
community tent at the Farmers’ Market might be a great place to introduce this information to the public.
Mr. Pato noted that there should be conversation around how to build denser housing while still
preserving more of the trees in an area.
DOCUMENTS: Presentation - Statement of Concern for Lexington's Trees, Letter - Statement of
Concern for Lexington's Trees
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at
9:26pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary