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HomeMy WebLinkAbout2023-09-06 SB-min Select Board Meeting September 6, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Wednesday, September 6, 2023, via hybrid meeting platform. Mr. Pato, Chair; Ms. Barry, Mr. Lucente, Mr. Sandeen, and Ms. Hai were present, as well as Mr. Malloy, Town Manager; Ms. Katzenback, Executive Clerk; and Ms. Axtell, Deputy Town Manager. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports No additional comments at this time. DOCUMENTS: Correspondence Secretary Report - September 6, 2023, Select Board Announcements and Liaison Reports - September 6, 2023 TOWN MANAGER REPORT 1. Town Manager Weekly Update No additional comments at this time. DOCUMENTS: 9-1-23 Weekly Update CONSENT AGENDA 1. Approve Select Board Committee Appointment  Housing Partnership Board - Council on Aging Member - John Zhao To appoint John Zhao to the Housing Partnership Board as the member representing the Council on Aging for a three-year term set to expire on September 30, 2025. DOCUMENTS: 2023 Housing Partnership Board Application - Council on Aging Member - J. Zhao 2. Approve Lowering the Battle Green Flag on September 11, 2023 To lower the Battle Green Flag on Monday, September 11, 2023, the anniversary of the 9/11 attack on the United States and in memory of all those who lost their lives. 3. Application: Entertainment License – Follen Church Society, 755 Massachusetts Avenue  East Village Fair To approve an Entertainment License for the Follen Church Society for the purpose of providing live musical performances for patrons of the East Village Fair to take place on Saturday, September 30, 2023 from 10:00am to 3:00pm immediately outside of Follen Church between the Sanctuary and the Community Center, 755 Massachusetts Avenue. DOCUMENTS: 2023 East Village Fair Live Performances Location Map 4. Approve Hanscom Area Towns Committee (HATS) Draft Letter Regarding Hanscom Field Expansion To approve and sign the HATS letter regarding the proposed North Airfield Expansion at Hanscom Airport. DOCUMENTS: DRAFTHanscomLettertoGovernor-v3 5. Approve Select Board Meeting Minutes August 21, 2023 Select Board To approve and release the minutes for the August 21, 2023 Select Board meeting. DOCUMENTS: DRAFT 08212023 Select Board meeting minutes 6. Approve Request to Lease Electric Powered Golf Cars for Pine Meadows Golf Club To approve the five-year lease with New England Golf Cars for golf carts at the Pine Meadows Golf Course and further to authorize the Town Manager to execute any associated contracts. 7. Approve Theater License Renewals  Lexington Theatre Project Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue (2 theaters) To approve the application and issue two Theater Licenses to Lexington Theatre Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies from September 1, 2023 through September 1, 2024. 8. Approve and Sign Proclamation – Constitution Week To approve and sign a proclamation recognizing the week of September 17-23, 2023 as Constitution Week in accordance with Public Law 915. DOCUMENTS: 2023 DAR Constitution Week Proclamation 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 Resolution Framework – Climate Change & Systemic Racism Hemali Shah, Chief Equity Officer, explained that the resolution framework is a commitment to the efforts adopted at Town Meeting regarding two resolutions, one related to systemic racism and a second related to full inclusion and a declaration on the climate emergency. The resolution framework is broken down into four sections: decisions and planning processes, action, measurable progress, and a comprehensive plan. This framework is still a work in progress. Maggie Peard, Sustainability and Resilience Officer, explained that this document is seen as a connecting document between the frameworks passed several years ago, and moving this into action. This also leads into the Climate Action Plan, which will be brought to the Board for review and adoption in early October. Mr. Sandeen stated that he would like for Town staff to consider external as well as internal decisions and plans regarding the climate change, the systemic racism, and the full inclusion resolutions. One example would be in terms of an actions for policing. He is gratified to see the goals relating to how staff are hired. Mr. Sandeen mentioned that the Anderson-Krieger report recommended tracking and reporting demographic data of police interactions with the public. He would also like to see that the Town takes proactive action to ensure that Town leadership reflects the full inclusion goals. Ms. Hai agreed that there is opportunity for this document to look externally. Bob Pressman, 22 Locust Avenue, suggested that there should be a reference to a housing entity, under the item to consider capital projects through an equity lens, include the Commission on Disability and Human Rights in decision making. Tom Shiple, 18 Phinney Road, stated that he would like to see data for the interactions with the public regarding policing. He would also like to see actions for sitting down with marginalized groups to strengthen relationships and understand people's experiences of Lexington based on race. Melinda Walker, 14 Larchmont Lane, stated that last line of the framework states that climate change disproportionately affects people of color and other marginalized populations. While this is true, the problem is that the roots of systemic racism are based in housing and black people. There should be additional community conversations or data collections regarding the deleterious effects of exclusionary zoning on the lives of black people. There are many ways this could be addressed within the Town. Pamela Lyons, 51 Grant Street, stated that Mass Transit by bus is the intersection of climate change and social justice. bus transportation has been historically underfunded and underpaid attention to at all levels of government. She urged that this topic be included in action items, as it is deserving of more support and increased funding. The plan also talks a lot about hiring and demographics but does not mention job requirements or pay scales. She urged the Board and the Town Manager to request that the authors of this report look into making recommendations to ameliorate these inequities. DOCUMENTS: Resolution Framework - Climate Change & Systemic Racism, Climate Emergency Declaration, Systemic Racism Resolution, Full Inclusion Resolution 2. Approve East Lexington Wayfinding Signage and Review Landscape Design Sandhya Iyer, Director of Economic Development, noted the presentation on the East Lexington Wayfinding signage project was supplied in the packet. Mr. Pato asked the Board if they had any questions on that project. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the wayfinding signage for the East Lexington portion of the Minuteman Bikeway as presented. Kyle Zick, Kyle Zick Landscape Architecture, presented the proposed seeding, landscaping, and invasive vegetation management plan along the Minuteman Commuter Bikeway. This item is being funded using ARPA. In response to a question from Mr. Sandeen, Ms. Iyer explained that the third stage of this project is the Store Back Improvement Program. Staff has started talking to businesses and property owners, and a $100,000 ARPA grant was received for this program. This will be carried out in coordination with the wayfinding signage, and the landscaping projects. As part of the landscaping plan, access points to these store backs have been determined. Mr. Pato stated that he believes Americans with Disabilities Act (ADA) compliant paths should be required as part of this project. DOCUMENTS: Presentation – Wayfinding, Presentation - Landscaping 3. Approve 10-Year Contract with Joseph's for Liberty Ride Trolley Mr. Malloy explained that the Town has reviewed purchasing an electric trolley and Staff has determined that the Town does not have the capacity to bring this in-house, to maintain and operate the Liberty Ride in this manner. A Request for Proposal (RFP) was issued, and one bid was received from Joseph's Transportation, the current operator. The RFP was based on a 10-year bid and includes a new trolley as well as expanded service. Currently the trolley runs four days a week for two hours per day between May and October, as well as some special events. The proposal is to expand the service to 7 days per week and three tours per day. Ms. Hai asked if there is any flexibility in the future for an electric vehicle. Ms. Iyer stated that a Request for Information (RFI) was issued prior to the RFP, and the RFI asked about purchasing an electric trolley. The information received stated that the costs from Joseph’s would be similar for this type of infrastructure. Dawn McKenna, 9 Hancock Street, stated that she fully supports this proposal. She expressed concern with the contract regarding the security deposit. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the bid award to Joseph's Transportation for a 10-year period as per their bid and further to authorize the Town Manager to execute any associated contract documents. DOCUMENTS: Liberty Ride Non-Price Proposal, Liberty Ride Price Proposal, 5 Year vs. 10 Year Cost Analysis 4. Liquor License Amendments - Lixi Hospitality Lexington FB MGT, Inc. d/b/a Aloft Lexington, 727A Marrett Road: Pledge of License, Change of Manager and Change of Officers/Directors/LLC Managers Mr. Pato explained that Lixi Hospitality Lexington FB Mgt, INC d/b/a Aloft Lexington has submitted all the necessary paperwork requesting approval for a Pledge of License, Change of Officer, and a Change of License Manager on their All-Alcohol Innholder Liquor License. The proposed manager, Kamal Karibe, submitted a current Alcohol Awareness Training Certificate. The required CORI check has been completed. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve Lixi Hospitality Lexington FB Mgt, INC d/b/a Aloft Lexington’s application for a Pledge of License, Change of Officer, and Change of License Manager naming Kamal Karibe as Manager and upon ABCC approval, issue an updated Liquor License to Lixi Hospitality Lexington FB Mgt, INC d/b/a Aloft Lexington, located at 727A Marrett Road reflecting Kamal Karibe as License Manager. DOCUMENTS: Aloft Lexington Amendment Application 5. Lexington Minute Men Proposal for Early Morning Evacuation Reenactment on Patriots' Day Captain James Lee, Lexington Minute Men, explained that the proposal is to include a reenactment that will highlight the courage and sacrifices of the Lexington women and children who, when faced with the threat of military destruction, gathered what little belongings they could and quickly hurried their loved ones to safety. The following new events are being proposed to be added the annual Patriots Day celebration:  A drill at 4:30 - 5:00 am Lexington Minute Men would host a re-creation of Lieutenant Tidd drilling a squad of men on the Lexington Common, as described in an early 19th-century deposition.  Evacuation reenactment to start in and around the vicinity of the Lexington Battle Green at 5:00 AM and include a march or “flight” to the parking lot of St. Brigid Church. The event would conclude by 5:30 AM. Mr. Malloy explained that Police, Fire and DPW departments all provide support for this event every year. These departments have all indicated that they could continue to provide this support at the earlier hour, but there would be additional costs associated with the overtime. Ms. Barry explained that the Lex250 Commission has stated that it would appreciate more voices to be included for more accurate representation of the day. The Commission has not yet reviewed the revised proposal. Dawn McKenna, 9 Hancock Street, stated that the Minute Men Company has evolved over the years, and she trusts them in pursuing this proposal. She suggested that an economic impact estimate be considered. Stephen Cole, 45 Balfour Street, explained that an important part of the story told, that of the civilians, women, and children, has been left out over the years and can now be included, following historical depositions. It is important to tell the whole story to the public. There was general consensus on the Board to allow the Minute Men to look further into the proposal and vet specific details to be brought back at a later date for Select Board review. DOCUMENTS: Proposed Reeactment - Civilian Evacuation, Propsed Morning Drill and Civilian Evacuation timeline and evacuation route, 083123 Lex250 Memo to Select Board with Comments on LMM Proposed Additional Reenactment 6. Update from Lexington Council for the Arts - Porchfest Steve Poltorzycki, Chair of the Lexington Council for the Arts, updated the Board on the Porchfest event planned by the Council and scheduled to take place on Saturday, September 30, 2023, from 1:00pm- 6:00pm throughout Lexington. During Porchfest, homeowners volunteer to have their porches/decks/lawns serve as performance venues for musicians. Currently, approximately 80 bands and 55 porches have signed up for the event. A listing/map for the event will be created and distributed through the Council’s website, and at the information desk on the day of the event. Ms. Hai suggested partnering with downtown businesses during future events. The Board expressed its support for this event. The Board took a five-minute recess. 7. Discuss Process for Town Manager's Performance Evaluation Mr. Pato explained that Mr. Malloy's contract anniversary is October 1, and the Board aims to conduct his annual review shortly after the completion of a contract year. Last year the Board asked Ms. Hai and Mr. Pato to organize the review process. Mr. Pato asked if the Board would like to pursue a similar process this year, including having feedback from senior management as a 360 review. Ms. Hai suggested a narrative to be included this year. Mr. Lucente stated that he would like to see a ranking of some sort, along with a narrative. The Board agreed to use a similar checklist and highlight areas of divergence for the review. The review process will begin in October. DOCUMENTS: Latest review 8. Review Stipend for Affordable Housing Trust Trustee Mr. Pato explained that the Affordable Housing Trust voted to recommend that the Select Board approve a $3,000 annual stipend for any low- or moderate-income Lexington residents serving on the Affordable Housing Trust (to be paid monthly out of Affordable Housing Trust non-CPA related funds). The rationale is to make it more manageable for the specific Trustee to attend meetings and work on Affordable Housing Trust, while otherwise assisting with childcare, transportation, time away from work, etc. Mr. Pato stated that the Town currently does not currently provide a stipend for any other Board or Committee appointees, and the Board may wish to consider the issue of equity among volunteers and that there are likely other low to moderate income Board and Committee members that have absorbed these costs themselves in the past to serve the community. The Town has 50+ boards/committees that could realistically also have members that may request to be eligible for a stipend. This would require an appropriation to cover stipends which currently the Town does not have a budget. Mr. Lucente stated that he believes this is a slippery slope. It is unclear what the income level is for anyone serving on boards/committees in Town and he does not believe it is appropriate to ask such. Ms. Hai noted that there is a state requirement that a resident of the Lexington Housing Authority serve on the Lexington Housing Authority Board. This person does not receive a stipend. If adopted, this would need to be done uniformly for anyone who qualifies and be a budgetary line item moving forward. In response to a comment by Mr. Sandeen, Ms. Hai noted that the Housing Authority Board meets during weekday mornings. Ms. Barry stated that different committees are tasked with different amounts of work. There is probably a different area in Town that this money could be spent that would benefit more and have a greater impact. Mr. Sandeen explained that the reason that the Board made the case to require a member living in affordable housing to be on the Affordable Housing Trust is because it felt that it was critical to inform the Trust and the Board of the appropriate priorities for programs and priorities for the Trust, and to ensure that those programs are actually working in an effective manner. The Affordable Housing Trust currently meets twice a month, during the day. Thus, Affordable Housing Trust members are required to take time off from work during the day, leading to a potential a loss of income and a cost to cover a daycare in order to attend those meetings. The Affordable Housing Trust also has a budget. These are reasons to potentially deal with this item separately from other cases. Generally, this could be a larger equity issue. It could be seen as exclusionary that only those who can afford to volunteer on certain boards/committees can do so. Mr. Pato agreed that some barrier seems to exist for all to be able to participate on certain boards/committees. However, the majority of the Board does not seem interested in opening this door regarding stipends at this time. Ms. Barry stated that she does not sit in this seat because she can afford to sit here. She sits because she chose to and because the residents of this Town elected her to sit here. What others are going through in their own lives cannot be assumed. Mr. Pato stated that it does seem to be the case that there are segments of the population who simply do not have the ability to make the choice to sit on a board/committee, even if they have the interest. It is unclear how to remove that barrier. Mr. Lucente noted that there could be multimillionaires who cannot sit on these boards/committees. Volunteering is based on the desire to do so. He stated that it could be presumptuous to assume that those with low incomes cannot participate in municipal government. Mr. Sandeen stated that, regarding this position, the person has to give up income and pay for an additional cost of daycare in order to attend these meetings. This may or may not push that person over the edge in terms of their ability to participate. From his perspective, these voices are needed in government, especially regarding affordable housing. He suggested that for these reasons, the Affordable Housing Trust decision is different from the general case. 9. Appointment of Lexington Representative to the Minuteman School Committee  List of Candidates for Consideration: o Laura Atlee o Judith Crocker o James Eisenberg o Roger Goodman o Sharon Musto Mr. Pato stated that the Board re-opened the application process for the Minuteman School Committee in August and held interviews for each candidate with one or two members of the Board at a time between thst August 16 and September 1. All members of the Board have met with each candidate. Ms. Barry named Ms. Crocker as her candidate. Mr. Lucente named Ms. Musto has his candidate. Ms. Hai named her candidate as Ms. Atlee. Mr. Sandeen named his candidate as Ms. Musto. Mr. Pato named his candidate as Ms. Musto. It was noted that there was a majority for Ms. Musto at this time. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to appoint Sharon Musto as the Lexington Representative to the Minuteman School Committee. DOCUMENTS: 2023 Minuteman School Committee - Lexington Representative Application & Questions - L. Atlee, 2023 Minuteman School Committee - Lexington Representative Application & Questions - J. Crocker, 2023 Minuteman School Committee - Lexington Representative Application & Questions - J. Eisenberg, 2023 Minuteman School Committee - Lexington Representative Application & Questions - R. Goodman, 2023 Minuteman School Committee - Lexington Representative Application & Questions - S. Musto 10. Discuss Support for Civil Discourse and Lexington Public Schools' Serious Talks Curriculum Mr. Pato explained that the Board has been asked by the Human Rights Committee and members of the public to support the Lexington Public Schools' Serious Talks curriculum. Curriculum matters are the domain of the School Committee; however, the Select Board has at various times issued proclamations on inclusion and diversity. He asked that the Board discuss re-stating its support for civil and inclusive discourse. Mr. Pato stated that, while he personally supports the statements issued by the Human Rights Committee, there is a statement in the letter asking the Board to “support its implementation across all elementary schools.” He stated that this is a directive statement for what a curriculum should look like and comes too close to stepping over the line on what the School Committee is doing. He would be comfortable with voicing support for how the School Committee and Administration approaches this issue and moves forward with reviewing and implementing its own curriculum. The Board could voice its support for the process the School Committee has pursued to bring the community together for discussion on the topic. He suggested that the Board could also reiterate its support for the Inclusion Proclamation that this Board issued on February 27, 2017, which spoke to its belief that “all means all” and everyone is welcome and included in Lexington’s civic affairs. The Board agreed that Mr. Pato should draft a statement to be reviewed at a future meeting. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to re-affirm its support for the Inclusivity Proclamation the Board issued on February 27, 2017. DOCUMENTS: LHRC Request ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 9:18pm. A true record; Attest: Kristan Patenaude Recording Secretary